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HomeMy WebLinkAboutR-2011-121 Industrial Waste Force Mains Railroad CrossingCITY OF YAKIMA INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING City of Yakima Project Nos. WW2327 HLA Project No. 12076 Construction Contract Specifications & Bid Documents SEPTEMBER 2012 Wastewater Division 204 West Pine Street Yakima, WA 98902 Phone (509) 575-6118 "ORIGINAL - CITY OF YAKIMA" ADDENDUM NO. 1 To the Contract Provisions for City of Yakima INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING City of Yakima Project No WW2327 HLA Project No. 12076 BID OPENING: October 1, 2012 2:00 P.M. To the attention of all bidders for the above project: The following additions, revisions, and/or modifications are made to the Contract Documents, Plans, and Specifications for this project. SECTION 4 — CONTRACT AND RELATED MATERIALS ITEM 1 — Certifications — Page 4-4 Replace original Page 4-4 with the attached Page 4-4 Addendum No. 1. Note addition of Primary TCS and required copy of certificate SECTION 5 — LABOR STANDARDS AND WAGE RATE CONDITIONS ITEM 2 — Prevailing Wage Rates — Page 5-2 Add the following: Certified payrolls are required to be submitted by the Contractor to the Engineer, for the Contractor and all Subcontractors or lower tier subcontractors. If these payrolls are not supplied within ten calendar days of the end of the preceding weekly payroll period, any or all payments may be withheld until compliance is achieved. Also, failure to provide these payrolls could result in other sanctions as provided by State laws (RCW 39 12.050) and/or Federal regulations (29 CFR '5.12). All certified payrolls shall be complete and explicit. Employee labor descriptions used on certified payrolls shall coincide exactly with the labor descriptions listed on the minimum wage schedule in the Contract unless the Engineer approves an alternate method to identify the labor used by the Contractor to compare with the Tabor listed in the Contract Provisions. When an apprentice is shown on the certified payroll at a rate less than the minimum prevailing journey wage rate, the apprenticeship registration number for that employee from the State Apprenticeship and Training Council shall be shown along with the correct Employee classification code. G.\PROJECTS\2012\12076Wddendum No 1 Docx ADDENDUM NO. 1 SECTION 6 — TECHNICAL SPECIFICATIONS ITEM 3 — 1-07.23(3) Contractor Operations — Page 6-29 Add the following to the fourth paragraph: Any additional railroad flagger services by BNSF as required beyond the working days listed in the Contract shall be at the Contractor's expense. ITEM 4 —1-08.1 Subcontracting — Page 6-33 (Added Special Provision) Add the following section: 1-08.1 Subcontracting - D/M/WBE Reporting (October 10, 2008 APWA GSP; may not be used on FHWA-funded projects) Revise the eighth paragraph to read. On all projects funded with Contracting Agency funds only, the Contractor shall certify to the actual amounts paid Disadvantaged, Minority, or Women's Business Enterprise firms that were used as subcontractors, lower tier subcontractors, manufacturers, regular dealers, or service providers on the Contract. This certification shall be submitted to the Engineer, on the Personnel Inventory Form as provided by the Engineer at the Preconstruction Meeting, within 20 calendar days after physical completion of the Contract. ITEM 5 —1-08.5 Time for Completion — Page 6-35 Under Item 2 in paragraph six, replace item a. Affidavit of Wages Paid with the following. a. Certified Payrolls Under Item 2 in paragraph six, replace item 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 with the following: c. Personnel Inventory Form ITEM 6 — 8-19.2 Required Documentation — Page 6-52 Replace Item a. Affidavit of Wages Paid with the following - a. Certified Payrolls Add the following - f. Personnel Inventory Form G \PROJECTS\2012\12076\Addendum No 1 Docx ADDENDUM NO. 1 This ADDENDUM is to be considered as much a part of the contract provisions as if it were included in the body of the Plans and Specifications. All Bidders shall acknowledge receipt of the ADDENDUM on the proposal form prior to bid opening. Michael T. Battle, PE Huibregtse, Louman Associates, Inc. 801 North 39th Avenue Yakima, WA 98902 Phone: (509) 966-7000 G:IPROJECTS\20121120761Addendum No 1.Docx Date 9/etyie- ADDENDUM NO. 1 1 1 1 Provide the following. 1 CERTIFICATIONS 1 Name of Certified Traffic Control Manager (TCM) (Must be an employee of the Contractor) 1 1 Name of Primary Certified Traffic Control Supervisor (TCS) (Provide copy of certificate) 1 Name of Alternate Certified Traffic Control Supervisor (TCS) (Provide copy of certificate) 1 1 Ps - Name of Certified Testing Laboratory for material testing 1 1 1 1 1 1 1 G \PROJECTS\2012\12076\Addendum No 1.Docx 4-4 ADDENDUM NO. 1 CITY OF YAKIMA, WASHINGTON CONTRACT DOCUMENTS FOR INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING CITY OF YAKIMA PROJECT NO. WW2327 HLA PROJECT NO. 12076 OWNER: City of Yakima 129 North Second Street Yakima, WA 98901 Wastewater Division 204 West Pine Street Yakima, WA 98902 ENGINEER: Huibregtse, Louman Associates, Inc. 801 North 39th Avenue Yakima, WA 98902 SEPTEMBER 2012 CITY OF YAKIMA YAKIMA COUNTY, WASHINGTON CONTRACT DOCUMENTS FOR INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING City of Yakima Project No WW2327 HLA Project No. 12076 TABLE OF CONTENTS PAGE NO. SECTION 1 - ADVERTISEMENT FOR BIDS . 1-1 ADVERTISEMENT FOR BIDS. . . 1-2 SECTION 2 - INFORMATION FOR BIDDERS .................... ........... 2-1 INFORMATION FOR BIDDERS . . .. .. 2-2 SECTION 3 - BID PACKAGE 3-1 BIDDER'S CHECKLIST .. 3-2 BID PROPOSAL.. .. .3-3 UNIT PRICE BID PROPOSAL ... .... 3-4 BID PROPOSAL SIGNATURE PAGE . 3-5 BID DEPOSIT .3-6 BID BOND... 3-6 NON -COLLUSION AFFIDAVIT .... .3-7 NONDISCRIMINATION PROVISION . 3-8 SURETY AND BIDDER INFORMATION ..... • •• 3-9 WOMEN AND MINORITY BUSINESS ENTERPRISE POLICY .3-10 RESOLUTION NO. D-4816... . .. ... 3-11 BIDDER'S CERTIFICATION ..3-12 SUBCONTRACTOR'S CERTIFICATION ...... ... 3-13 COMPLIANCE WITH IMMIGRATION AND NATURALIZATION ACT...... ....3-16 SECTION 4 - CONTRACT AND RELATED MATERIALS 4-1 CONTRACT . .• .. ....4-2 CERTIFICATIONS .... 4-4 CONTRACT BOND . 4-5 SCHEDULE OF WORKING HOURS... ...... 4-6 SECTION 5 - LABOR STANDARDS AND WAGE RATE CONDITIONS .. ... 5-1 PREVAILING WAGE RATES ... ... ....... .... 5-2 DLI (YAKIMA COUNTY) EFFECTIVE 09-14-2012 BENEFIT KEY CODE EFFECTIVE 08-31-12 DEPT. OF LABOR & INDUSTRIES SUPPLEMENTAL TO WAGE RATES 08-31-12 SECTION 6 - TECHNICAL SPECIFICATIONS ... ...... ... .... .6-1 TABLE OF CONTENTS ................ ..... 6-2 SPECIAL PROVISIONS ..... 6-3 APPENDIX A BNSF RAILROAD PIPELINE LICENSES APPENDIX B AMENDMENTS TO THE 2012 WSDOT STANDARD SPECIFICATIONS SECTION 1 - ADVERTISEMENT FOR BIDS G:\PROJECTS\2012\12076\SPEC\12076 Specifications.docx 1-1 ADVERTISEMENT FOR BIDS City of Yakima 129 North Second Street Yakima, WA 98901 The CITY OF YAKIMA invites separate sealed BIDS for the construction of the INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING, City of Yakima Project No WW2327, HLA Project No. 12076, including the following approximate major quantities of work: Construction of industrial waste force main improvements including jacking/boring approximately 193 linear feet of new 24" steel casing, open -cutting approximately 107 linear feet of new 24" steel casing, sliplining approximately 300 linear feet of new 4" and 6" PVC pipe within new 24" steel casing, and open -cutting approximately 40 linear feet of new 4" and 6" PVC pipe. Work includes installation of cathodic protection and casing vents, connection to existing force mains, surface restoration including cold mix asphalt and gravel surfacing; and other related improvements. This contract has fifteen (15) working days to complete the work. Bids will be received by the City Clerk at Yakima City Hall, 129 North Second Street, Yakima, Washington, 98901, until 2:00 p.m , October 1, 2012, and then shortly thereafter will be publicly opened and read aloud at the Yakima City Council Chambers located at 129 North Second Street. The CONTRACT DOCUMENTS may be examined at the following locations. Yakima City Hall, Yakima, Washington Huibregtse, Louman Associates, Inc , (HLA), Yakima, Washington Tri -City Construction Council Yakima Plan Center Copies of the CONTRACT DOCUMENTS may be obtained at the office of Huibregtse, Louman Associates, Inc., (HLA), 801 North 39th Avenue, Yakima, Washington 98902, (509-966-7000) upon payment of $75.00 for each set, non-refundable Planholder list and addenda will be available on the internet at www hlacivil com. Each bid or proposal must be accompanied by cash, bond, or a certified check, payable to the order of the Treasurer of the CITY OF YAKIMA for the sum of not less than 5% of said bid or proposal and none will be considered unless accompanied by such deposit, to be forfeited to the CITY OF YAKIMA in the event the successful bidder shall fail or refuse to enter into a Contract with the City for the making and construction of the aforesaid improvement. All bids or proposals must be in writing on the form bound in the Specifications, sealed and filed with the Clerk on or before the day and hour above mentioned The CITY OF YAKIMA in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.0 2000d to 2000-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. The CITY OF YAKIMA reserves the right to reject any and all bids and to waive technicalities or irregularities, and after careful consideration of all bids and factors involved, make the award to best serve the interests of the CITY OF YAKIMA. Sonya Claar Tee City Clerk Publish September 17, 2012 G:\PROJECTS\2012\12076\SPEC\12076 Specifications.docx 1-2 SECTION 2 - INFORMATION FOR BIDDERS G:\PROJECTS\2012\12076\SPEC\12076 Specifications.docx 2-1 INFORMATION FOR BIDDERS BIDS will be received by the CITY OF YAKIMA, Washington (herein called the "OWNER"), at City Hall, 129 North Second Street, Yakima, Washington 98901, until 2:00 p m , October 1, 2012, and then at the Yakima City Council Chambers publicly opened and read aloud. Each BID must be submitted in a sealed envelope, addressed to Yakima City Clerk at 129 North Second Street, Yakima, Washington 98901. Each sealed envelope containing a BID must be plainly marked on the outside as BID for INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING, and the envelope should bear on the outside the BIDDER'S NAME, address, and license number if applicable, and the name of the project for which the BID is submitted If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER at Yakima City Hall, 129 North Second Street, Yakima, WA 98901. All BIDS must be made on the required BID form All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted Only one copy of the BID form is required. The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER. BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID SCHEDULE by examination of the site and a review of the Drawings and Specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR nor relieve the CONTRACTOR from fulfilling any of the conditions of the Contract. Each BID must be accompanied by a BID BOND payable to the OWNER for five percent of the total amount of the BID. When the Agreement is executed, the bonds of the unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the CONTRACT BOND has been executed and approved, after which it will be returned. A certified check may be used in lieu of a BID BOND. A CONTRACT BOND in the amount of 100 percent of the CONTRACT PRICE, with a corporate Surety approved by the OWNER, will be required for the faithful performance of the Contract. Attorneys -in -fact who sign BID BONDS or CONTRACT BONDS must file with each BOND a certified and effective dated copy of their Power of Attorney. The party to whom the Contract is awarded will be required to execute the Agreement and obtain the CONTRACT BOND within ten (10) working days from the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms In case of failure of the BIDDER to execute the Agreement, the OWNER may consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the OWNER. The OWNER may make such investigations as deemed necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein G:\PROJECTS\2012\12076\SPEC\12076 Specifications.docx 2-2 A conditional or qualified BID will not be accepted Award will be made to the lowest responsive, responsible BIDDER or all bids will be rejected All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the PROJECT shall apply to the Contract throughout. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to its BID. Further, the BIDDER agrees to abide by the requirement under Executive Order No. 11246, as amended, including specifically the provisions of the equal opportunity clause set forth in these Contract Documents. The low BIDDER shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when required to do so by the OWNER. The ENGINEER is Huibregtse, Louman Associates, Inc., (HLA), represented by Michael T. Battle, PE. The ENGINEER'S address is 801 North 39th Avenue, Yakima, Washington 98902, phone (509) 966- 7000, FAX: (509) 965-3800 G:\PROJECTS\2012\12076\SPEC\12076 Specifications.docx 2-3 SECTION 3 - BID PACKAGE G.\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 3-1 BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms which must be executed in full and submitted with the bid: (a) Bid Proposal The unit prices bid must be shown in the space provided Acknowledge all addenda in the space provided. (b) Bid Proposal Signature Page To be filled in and signed by the bidder (c) Bid Deposit or Bid Bond Bid Deposit Sign the Bid Deposit in the space provided if the bid is accompanied by a certified check or cashier's check in the amount of not less than 5% of the total amount bid. OR Bid Bond This form is to be executed by the bidder and Surety company The amount of this bond shall be not Tess than 5% of the total amount bid and may be shown in dollars or on a percentage basis Provide Power of Attorney for Surety's agent. (d) Non -Collusion Affidavit and Debarment Certification Must be subscribed and sworn to before a Notary Public and included with the Bid Proposal. (e) Surety and Bidder Information, List of Subcontractors Fill in the Surety and Bidder information List all required subcontractors proposed for the project. (g) MBEIWBE 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 (h) Compliance with Immigration and Naturalization Act To be filled in and signed by the bidder The following forms are to be executed and/or submitted for approval after the Contract is awarded (1) Contract. This Contract to be executed by the successful bidder and the City of Yakima (2) Certifications to be executed by the successful bidder (2) Contract Bond to be executed by the successful bidder and his Surety company. Provide Power of Attorney (3) Certificate of Public Liability and Property Damage Insurance must be provided by the successful bidder in accordance with the provisions of the Standard Specifications and Special Provisions. (4) Statement of Intent to Pay Prevailing Wages to be completed by successful bidder and by any and all subcontractors (5) Schedule of Working Hours to be executed by the successful bidder. G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 3-2 1 BID PROPOSAL 1 A Proposal of 'PD \fti- %ova. (ifAc-r-tvi tinc., (hereinafter called "BIDDER"), I or anized and existing under the laws of th State of IA/ A' doing business as GO12- 2r crrN 1. To the CITY OF YAKIMA, Washington, (hereinafter called "OWNER") I In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all work for the construction of the INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING — City of Yakima Project No. WW2327, HLA Project No 12076, in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below 1 By submission of this BID, each BIDDER certifies, in the case of a joint BID each party thereto certifies as to its own organization, that this BID has been arrived at independently, without consultation, 1 communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor BIDDER hereby agrees to commence work under this Contract within ten (10) calendar days after I NOTICE TO PROCEED and to fully complete the PROJECT within fifteen (15) working days of such NOTICE TO PROCEED BIDDER further agrees to pay as liquidated damages the sum specified for each working day thereafter 1 as provided in Section 1-08 9 of the Standard Specifications. BIDDER acknowledges receipt of the following ADDENDA. 1 l ' Addenda will be posted on the internet at the Engineer's website, www hlacivil com BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or lump sum amounts: 1 f1 Insert,"a corporation," "aP artnership," or "an individual" as applicable ' G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 3-3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 UNIT PRICE BID PROPOSAL (NOTE: Unit prices for all items, all extensions, and total amount of bid must be shown. Any changes/corrections to the bid must be initialed by the signer of the bid, in accordance with Section 1-02.5.) CITY OF YAKIMA INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING CITY OF YAKIMA PROJECT NO. WW2327 HLA PROJECT NO. 12076 ITEM NO. ITEM DESCRIPTION UNIT QUANT. UNIT PRICE AMOUNT DOLLARS -CTS DOLLARS -CTS 1 Mobilization LS - - - X - - - = /I; 009 2 Project Temporary Traffic Control LS - - - X - - - = /00-00 3 Clearing and Grubbing LS - - - X - - - = / 5 0-0O 4 Jack/Bore 24 -Inch Steel Casing Pipe LF 193 X 3 . r = 5-7 9 'o 5 Slipline 6 -Inch Industrial Waste, Force Main and Fittings LF 300 X K0 = `4orr)v 6 Slipline 4 -Inch Industrial Waste, Force Main and Fittings LF 300 X 40 = iZ7 © 7 Shoring or Extra Excavation LS - - - X - - - = / $F,o 8 Trench 24 -Inch Steel Casing Pipe LF 107 X / = /(0 c c' 9 6 -Inch Industrial Waste, Force Main and Fittings, in Place LF 39 X = /cl ✓ a 10 4 -Inch Industrial Waste, Force Main and Fittings, in Place LF 39 X= /?S n 11 Casing Vent Assembly EA 2 X / vdd = 0 o 12 Cold Mix Asphalt TON 15 X 2-00 = g 0 n0 13 Gravel Surfacing Repair TON 6 X 50 = Ego 14 Select Backfill, as Directed CY 30 x 567 = «O 15 Project Completion Documentation LS - - - X $5,000.00 = $5,000 00 16 Minor Change FA EST X $15,000.00 = $15,000 00 BID SUBTOTAL 7(0(0 /5'O 8.2% STATE SALES TAX /3'. Z 61 .— BID TOTAL / 77/7g G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 3-4 7o/o///2 BID PROPOSAL SIGNATURE PAGE CITY OF YAKIMA, WASHINGTON INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING CITY OF YAKIMA PROJECT NO. WW2327 PROJECT NO. 12076 �W Cokh- I BIDDER (CONTRACT BY AUTHORIZED OFFICIAL'S SIGNATURE Address. (Please print or type name) O 133.yc. pa,stA) t \AnA- qq 3 DZ , 2012 DATE sem/ (le TITLE Phone: 6—D 0) 5 2— 5 Y7 FAX: 6—PGI 542-- gS©g E-mail address 6cj eft W i� 1,01'9-�1VI ( �CONTRACTOR LICENSE NUMBER T W C 4* 6311 NOTE: (1) If the bidder is a co -partnership, so state, giving firm name under which business transacted If the bidder is a corporation, this proposal must be executed by its duly authorized officials. (2) Bidders shall acknowledge receipt of all addenda, if any, in the space provided on the first page of this proposal (3) If no bid is submitted, kindly mark "NO BID" on the cover and return to Huibregtse, Louman Associates, Inc. (HLA) 801 N. 39th Avenue Yakima, WA 98901 (4) Bidder shall include Bid Bond/Bid Deposit and notarized Non -Collusion Affidavit and Debarment Certification with Bid Proposal G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 3-5 BiD BOND FORM Herewith find deposit in the form of a certified check, cashiers check, cash, or bid bond in the amount of which amount is not less than five percent of the total bid. Sign Here OR BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Pipe of Washington, Inc. dba P 0 W Contracting , as principal, and The Guarantee Company of North America USA , as Surety, are held and firmly bound unto the City of Yakima, as Obligee, in the penal sum of Five Percent of Amount Bid (5% ) Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for Industrial Waste Force Mains Railroads Crossing - Project #W W2327 HLA Project No. 12076 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 1st DAY OF October , 2012 . Pipe'of Washingto , nc. dba P.O W.Contracting By. �(e By. Principal The Guarantee Com any of h America U G6 ty Judith C Kaiser -Smith Attorney -in -Fact &IAs1;kiFE COMfAlii .NandUSA f THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint James E. Majeskey II, Walter W. Wolf Judith A. Rapp, Shawn M. Wilson, Judith C. Kaiser Smith, Nicholas W. Paget Payne Financial Group Inc its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority 1 To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3 In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4 In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN County of Oakland Stephen C. Ruschak, Vice President Randall Musselman, Secretary On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA, that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. ,�ce:a. Tom: I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 1 S t day of October , 2012 Randall Musselman, Secretary STATE OF WASHINGTON ) ) ss. COUNTY OF 1 -1Q -A- , K1 -(LN) NON -COLLUSION AFFIDAVIT NON -COLLUSION AFFIDAVIT Wet -i--01 AIM ��V f -a VkJ Li9 �r BI c -A -r rc y ��/%ILLS , being first duly sworn, on oath says that the bid above submitted is a genuine and not a sham or collusive bid, or made in the interest or on behalf of any person not therein named; and the said bidder further says that the said bidder has not directly or indirectly induced or solicited any bidder on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding; and that said bidder has not in any manner sought by collusion to secure to themselves an advantage over any other bidder or bidders. Signed and sworn to (or affirmed) before me 6)-1.t..\v-e4.41-R(.1 (Contractor's Signature) on o2 is 71" c ,'7L , 2012, by 0,••••„4„ o �4,;0• 4. =� ,:pBLIC -4%.:12.: *� • 1,4� •Y SHIN -,,o% a Public ��� Notary My Appointment Expires Y-7-7,1, 7 G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 3-7 NONDISCRIMINATION PROVISION During the performance of this Contract, the contractor agrees as follow: The Contractor shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following. employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 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. 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 August 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor will comply with all provisions of Executive Order No. 11246 of August 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor The Contractor will furnish all information and reports required by Executive Order No. 11246 of August 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. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any such rules, regulation, 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 August 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order No 11246 of August 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of August 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. G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 3-8 SURETY If the Bidder is awarded a construction Contract on this bid, the Surety who provides the Contract Bond will be .9,44A,r-,t,vtk-e._-c____ (2- a. prvwcy\c,4, whose address is 25go o Ahri-h e i4 S _Th7 ��u.-Il,r e/d Oz. «fO.7s- Street City State ZIP BIDDER INFORMATION The name of the Bidder submitting this Bid is PD vsf Calk FVOLC,Il zj ) !— whose address is X17 Street Pi./1") \Ailk qq3b7, City State ZIP which is the address to which all communications concerned with this Bid and with the Contract shall be sent. the names of the principal officers of the corporation submitting this Proposal, or of the partnership, or of all persons interested in this Proposal as principals are as follows ba 1-e ► D -v 4a/1-6tj 14'IKSWOrr. & v'p /Tri5 �) c \14,0,s 72-4.1 \1a kt s011, G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 3-9 CITY OF YAKIMA 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. G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 3-10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 TEE 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 a,..day of 1983. ATTEST: City Clerk • Oa Arvui-c Mayor BIDDER'S 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: 1>o lnl to vt th,jy BIDDER) certifies that: 1. It intends to use the following listed construction trades in the work under the contract: O i N GorV i4 -t. -t»-2 , 4L- l— s `CtA'Fv2- 1AI 7242 yo (4-t- 14el•Av. PI) V.1 (;eati'vf2' —r,'- 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: \nf U ' i1 -1,w Ire= 1 N fi�.Ge72D PctiC 1N iT6 f- A-►�t� ST -1 1 rt-. / SD/-Z.S LACI r -c9 -p LA k_ Pi -Nr 6- "" J n910Q CON C -rill 6 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 ese Bid Conditions gnature of Authorized Representative of Bidder) G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 3-12 SUBCONTRACTOR'S CERTIFICATION Subcontractor's Certification is not required at the time of bid This Certification must be completed by each subcontractor prior to award of any subcontract: certifies that: (SUBCONTRACTOR) 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 the Yakima, Washington area subject to these Bid Conditions, 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 Bidder) G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 3-13 Materially and Responsiveness This 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 this bid. Failure to submit the certification will 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 August 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, 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 its fair share of the trade's goals of minority and women workforce utilization, 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 of subcontractor meets it goals, or if the contractor or subcontractor can demonstrate that it has made every good faith effort to meet those goals, the contractor or the subcontractor shall be presumed to be in compliance with the 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 contractor's 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 its goals shall shift to it the requirement to come forward with evidence to show that it has met the "good faith" requirements of these Bid Conditions by instituting at least the Specific Affirmative Action steps listed above and by making every good faith effort to make those steps work toward the attainment of its goals within its timetables. The pendency of such formal proceeding 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. G \PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 3-14 The procedures set forth in these conditions shall not apply to any contract when the head of the contracting or administering agency determines that such contract is essential to the national security and that its award without following such procedures is necessary to the national security Upon making such a determination, the agency head will notify, in writing, the Director of the Office of Federal Contractor Compliance within thirty (30) days. Requests for exemptions from these Bid Conditions must be made in writing, with justification, to. Director Office of Federal Contractor Compliance U.S. Department of Labor Washington, D.0 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 G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 3-15 The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E -Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E -Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E -Verify Declaration below. Failure to do so may be cause for rejection of bid. D+ -VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E -Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E -Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E -Verify program at any time and that non-compliance could lead to suspension of this contract. Firm Name: Ft) W an 01- 11 i („i Dated this I day of 0 , 20 Signature: 77C ---- Printed Printed Name: (1+L- of SVf t? V_-714" Address: ri7V 10N4 L1112, 1 P71 ---e_[ o 1/W ft- -[' b 1 ll ? Shr✓1 Ij (? 7 'uJ Girn 4rGt.fi� fr' jv 'c---°4.‘ Phone #: ���— �� ; ��� - Email Address: Homeland Security's Web Address is: http://www.dhs.qov/e-verifv Completed declarations can be mailed to: City of Yakima Purchasing, 129 No. 2nd Street, Yakima, WA 98901, faxed to 509-576-6394 or scanned and emailed to sownby@ci.yakima.wa.us rify. Employment Eligibility Verification' Click any 0 for help Home New Case Mew Cases Search Cases Edit Profile Change Password Change SecurityQuestions Edit Company Profile Add New User Mew Existing Users Close CompanyAccount Mew Reports Mew Essential Resources Take Tutorial Mew User Manual Contact Us Company Information Company Name: 1Nel come User ID Lost Login ShelleyAinsworth SAIN4544 11:04 AM- 10/10/2012 Log Out P O.W. Contracting, Inc. Company ID Number: 604902 Doing Business As (DBA) Name: DUNS Number: 016393634 Physical Location: Address 1: Address 2: City: State: Zip Code: County: Additional Information: 1100 E. Columbia St Ste B-105 Pasco WA 99301 FRANKLIN Employer Identification Number:911875939 Total Number of Employees: 20 to 99 Parent Organization: Administrator: Organization Designation: Employer Category: NAICS Code: Total Hiring Sites: 1 Mailing Address: Address 1: Address 2: City: State: Zip Code: View/Edit P.O. Box 4772 Pasco WA 99302 Federal Contractor without FAR E -Verify Clause 237 - HEAVY AND CIVIL ENGINEERING CONSTRUCTION Total Points of Contact: 1 US. Department of Homeland Security - www.dhs.gov US. Citizenship and Imnigration Services - www.uscis.gov Mew/ Edit View/Edit View/ Edit Accessibility Dow nload Viewers SECTION 4 - CONTRACT AND RELATED MATERIALS G.\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 4-1 THIS CONTRACT AGRE MENT, made and entered into in triplicate, this SL day of , 2012, by and between the CITY OF YAKIMA, hereinafter called the 0O\ NER, and .P1N1 Covi,irivfi �4, hereinafter called the CONTRACTOR, �.J 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. The CONTRACTOR shall do all work and furnish all tools, materials, and equipment for INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING - City of Yakima Project No WW2327, HLA Project No. 12076, in accordance with and as described in the attached Plans and Specifications and the 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) calendar days after Notice to Proceed and shall be completed within fifteen (15) working days of the date of such Notice to Proceed (see SPECIAL PROVISIONS - Section 1-08 5) If said work is not completed within the time specified, the CONTRACTOR agrees to pay to the OWNER for each and every working day said work remains uncompleted after expiration of the specified time, liquidated damages as determined in Section 1-08 9 The CONTRACTOR 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 OWNER. II The OWNER 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 INDEMNIFICATION The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non-performance of the services, duties and obligations required of it under this Agreement. IV. The CONTRACTOR for himself, and for his/her heirs, executors, administrators, successors, and assigns does hereby agree to the full performance of all the covenants herein upon the part of the CONTRACTOR. V. It is further provided that no liability shall attach to the OWNER 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. G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 4-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 OWNER. III Cit of Y(kti a Washin• • By. Name. Ton O'Ro rke Title City Manager CONTRACTOR. Pow G,0 v h-G-L%rtts► i lAu, By: (SEAL) ATTEST* Name. Sonya Claar Tee Title City Clerk CITY CONTRAC r N0: RESOLUTION NO: E.,20//-102/ (SEAL) Name. (-f'K4Mi MAI Stn/ dn,-(14 ATTEST. (Plea'se Print or Type) Cox, slz --rit Address `-Po 13,-,.4 4-71 l P4stoi IATL - '13D2 - Phone 47:q-s-4z,-2t--i FAX: cOq 542— -85b' erry-� E-mail Address* 511t l (e-f-jP pm+J co-t4l-►-42-hi4y.ch-t ame. f1 a -o(4 VLI (Please Print or Type) Employer Identification Number G\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 4-3 Provide the following /7a vo (' \Tyvt e/S Name of Traffic Control Manager (TCM) (Must be an employee of the Contractor) CERTIFICATIONS An.1/19 It 4'0 Vi/t Name of Mandatory Alternate Certified Traffic Control Supervisor (TCS) (Provide copy of certificate) Name of Certified Testing Laboratory for material testing G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 4-4 CONTRACT BOND ,6 ,a * -alio g'7 70 9 BOND TO CITY OF YAKIMA KNOW ALL PERSONS BY THESE PRESENTS' That we, the undersigned, ic-,/ /,�% e2,�LtiJ��!r , JG; °b a Att Bl'LZJ� f as principal, and 0ea-; �� le -6a , a corporation organized and existing under the laws of the State of% - c) , as a Surety corporation, and qualified under the laws of the State of Washington to bec fne 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 $ % 79, '7 7 q.. 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 and the Ordinances of the CITY OF YAKIMA. / ' Dated at , Washington, this / br �day of nhtLeA_ , 2012. Neverthe ess, the conditions of the above obligation are such that: WHEREAS, under and pursuant to action of the CITY OF YAKIMA, on 7%YC/litiel— %' rr 2012, the City Manager of said CITY OF YAKIMA has let or is about to let to the said#�.e, �c%l,diih2 aPc2) , the above bounden Principal, a certain Contract, tKe said Con# tract being numbered City of Yak' a Project No. WW2327, HLA Project No 12076, and providing for the construction of INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING (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/?, 21'2 424/ y ?),oa1/C.fi/ /39h) el eshall faithfully perform all the provisions of said ntract in th manner and within the time therein set fort 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 industrial insurance premiums, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold the CITY OF YAKIMA 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. SURETY��4G) �GfSq Name. 'ud/1'y/ ASaASei 2 ice/ h (Please Print or Type). 5'7 - °? S 7 --'71/3)Agen e. rscorl - (SEAL) ATTEST. / i. Address. - J2D� �C�Oe Name S /`1 /�ie%l/ '/1'c CM/ 34‘2,010�� Va,e-let I jti� Cha /d , (Please Print or Type) CO►� CTORt�ti-6�'G!%dAr/nG�jC' (PI - . e Print or Type) G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 4-5 .' :.e'.'.7'{h'ak'es; ,THE GUARANTEE! ^'COMPANY Off NORPN AMERICA; usAVFA THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint James E. i'Iajeskey II, Walter W. Wolf, Judith A. Rapp, Shawn ISI. Wilson, Judith C. Kaiser -Smith, Nicholas W. Paget, Shelly Donovan Payne Financial Group Inc its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9 03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority. 1 To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4 In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN County of Oakland Stephen C. Ruschak, Vice President Randall Musselman, Secretary On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA, that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this / `T day of OvCrnG,er", 2012 Til AMGO4 Randall Musselman, Secretary Client#• RRRR7 TR 1 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)10/23/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER • ayne Financial Group, Inc. 903 E Broadway - pokane, WA 99212 509 535-9178 CONTACT James E Majeskey II PHONE509-789-7430 FAX 509-533-6142 (A/C, No, Ext): (AIC, No): a DRESS. jmajeskey@pfg-insurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA National Fire Insurance Co. of LIABILITY COMMERCIAL GENERAL LIABILITY SURED Pipe of Washington, Inc. dba POW Contracting P. O. Box 4772 Pasco, WA 99302-4772 INSURER B Continental Casualty Co. 5086405638 INSURER C American Casualty Co. of Readin 08/24/2013 INSURER D $1,000,000 INSURER E $1,000,000 INSURER F . $15,000 • ,.. V Y Gr\AVGV v....... .v.-...- .......��... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 TR TYPE OF INSURANCE INSRL SUBR WVD POLICY NUMBER EFF (MM/DDY/YYYY) P (MM/DDY/YEYYY) LIMITS GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X X 5086405638 08/24/2012 08/24/2013 EACH OCCURRENCE $1,000,000 PREMISESO(Ea occurrence) $1,000,000 MED EXP (Any one person) $15,000 CLAIMS -MADE X OCCUR PERSONAL BADV INJURY $1,000,000 X PD Ded:1,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES PRO JECT PER: LOC $ AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON OWNED AUTOS X X 5086405655 08/24/2012 08/24/2013 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X 5086405641 08/24/2012 08/24/2013 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 $ DED X RETENTION $10000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N / A 5086405638 WA Stop Gap 08/24/2012 08/24/2013 \-IA- aZYTEITMIITS EOTH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A Installation Floater $1,000 Ded 5086405638 08/24/2012 08/24/2013 Limit $500,000 In Transit $50,000 Temp Loc $50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) - E: Industrial Waste Force Mains Railroad Crossing - Project #WW2327 he City of Yakima, its employees, agents, elected and appointed officials, Iron Horse Development LLC, and uibregtse, Louman Associates Inc are additional insureds per policy form with primary and non-contributory wording. Waiver of subrogation and per project aggregate per policy form. 45 Days Written Notice of ancellation to the City of Yakima. CERTIFICATE HOLDER CANCELLATION City of Yakima 129 N 2nd Street Yakima, WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 1 of 1 #S835237/M815224 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CRP1 ICNA G -15115-A (Ed. 10/89) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION OR MATERIAL COVERAGE CHANGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims), we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Number of days advance notice: 10 Days Notice before Non -Payment Cancellation 45 Days Notice before Cancellation for any other reason 2. Name: City of Yakima 3. Address: 129 N 2nd Street Yakima WA 98901 G -15115-A (Ed. 10/89) Page 1 of 1 1 CNA G-140327-13 . (EEd. 07/17/11) 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION BY US 1 NOTICE TO DESIGNATED PERSONS This endorsement modifies insurance provided under the following: ITHE COMMON POLICY CONDITIONS OF THE BUSINESS AUTO COVERAGE FORM The following is added to Paragraph A. CANCELLATION: I A. 7. In the event we cancel your policy in accordance with your policy's terms and conditions, we will mail written notice of cancellation to the designated persons named below within the stated time frames a. 10 days before the effective date of cancellation if we cancel for non-payment of premium, or Ib. 45 days before the effective date of cancellation if we cancel for any other reason. Designated Person(s): Address: 1. City of Yakima 129 N 2nd Street Yakima WA 98901 r 2. 3. 4. 5. I 6. 1 1 1 G -140327-B Page 1 of 1 I (Ed. 07111) ICN 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 G -140428-A (Ed. 10/01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES -- NOTICE OF CANCELLATION This endorsement modifies insurance provided under the following. COMMERCIAL UMBRELLA PLUS COVERAGE PART In the event of cancellation of this coverage, we agree to mail prior written notice of cancellation to: SCHEDULE 1. Name: City of Yakima 2. Address: 129 N 2nd Street, Yakima WA 98901 3. Number of days advance notice: 10 Days before the effective date of cancellation if we cancel for non-payment of premium. 45 Days before the effective date of cancellation if we cancel for any other reason. Page 1 of 1 00020012491050030128248483088 111.11,1, CNA G -140331-C (Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by 'written contract' per Paragraph A. below.) THE CITY OF YAKIMA, ITS EMPLOYEES, AGENTS, ELECTED AND APPOINTED OFFICIALS, IRON HORSE DEVELOPMENT LLC, AND HUISREGTSE,LOUMAN ASSOCIATES INC Locations of Covered Operations (As per the "written contract," provided the location is within the 'coverage territory° of this Coverage Part.) INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING - PROJECT #WW2327 A. Section II - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by °written contract° to add as an additional insured on this Coverage Part; and 2. The .particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage,' or "personal and advertising injury' caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the "written contract"; or c. Your work" that is specified in the "written contract' but only for "bodily injury" or "property damage" included in the "products - completed operations hazard," and only if: (1) The "written contract' requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. Required by the °written contract"; b. Described in 13.1. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the 'written contract,' this Insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury,' "property damage,' or °personal and advertising injury arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, Including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, Inspection, architectural or engineeringactivities; or G -140331-C Includes copyrighted material of insurance Services Office, Inc., with its permission Page 1 of 2 (Ed. 10/10) b:. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached- to this Coverage Part. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional Insured under this endorsement -will as soon as practicable: (1) Give us written notice of an "occurrence' or an offense which may result in a claim or "suit' under this insurance, and of any claim or 'suit" that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available -any. other insurance the ,additional insured .has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or 'suit`; and (4) Tender the defense and indemnity of any claim or 'suit' to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the 'written contract' requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional Insured is a Named Insured. 0,440.331-C (Ed. 10/10) G-140331 -C (Ed: i p110) We have- no .dyty .to defend or indemnify an additional insured- under this endorsement until we receive• from the additional insured written notice of a claim or "shit:" 2. With respect only to the insurance provided by this endorsement, the .first sentence ot, Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This .insurance is primary and non- contributory except when rendered excess by endorsement G -140331-C, or when Paragraph b. below applies. D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract' means a written contract or written agreement that requires you to make a. person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily Injury' or `property damage"; or b The offense that caused the `personal and advertising injury' for which thaadditional insured seeks coverage underthis Coverage Part. Includes copyrighted material of Iniiraice $ervices:ONice,•Inc:,, with its permission Pagee:2 of 2 Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective date after you acquire or form the organization, whichever is earlier. 13. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional. premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception• date of your policy, we will not deny coverage under this Coverage Part because of such failure. 16. NOTICE OF OCCURRENCE The following is added to Paragraph 2. of Section IV — Commercial General Liability Conditions -- Duties in The Event of Occurrence, Offense, Claim or Suit: Your tights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence,' offense, claim or 'suit' and that failure is solely due to your reasonable belief that the 'bodily injury' or 'property damage' is not covered under this Coverage Part, However, you shall give written notice of this 'occurrence,' offense, claim or °suit' to us as soon as you are aware that this insurance may apply to such 'occurrence,' offense claim or 'suit." 16» BROAD KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. of Section iV — Commerctal General Liablifty Conditions — Duties in The Event of Occurrence, Offense, Claim or Suit: You must give us or our authorized representative notice of an 'occurrence,' offense, claim, or 'suit" only when the "occurrence,' offense, claim or 'suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, If you are a limited liability company. 17. AGGREGATE LIMITS PER PROJECT A. For all sums which the Insured becomes legally obligated to pay as damages caused by 'occurrences° under Section 1— Coverage A, and for all medical expenses caused by accidents G-18652-1 (Ed. 07/09) G-18652-€ (Ed. 07/09) under Section I — Coverage C, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the Insured: 1. A separate Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Single Construction Project General Aggregate. Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury." or "property damage" included in the 'products - completed operations hazard,' and for medical expenses under Coverage C regardless of the number of: a. insureds; b. Claims made or 'suits' brought; or c. Persons or organizations making claims or bringing 'suits." 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured, 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences' under Section i — Coverage A, and for all medical expenses caused by accidents under Section 1— Coverage C, which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the Insured: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Includes copyrighted material of Insure Services Office, Inc., with its permission. Page 6 of 8 1 1 1 1 1 1 1 1 1 j 1 Products -Completed Operations Aggregate Limit, whichever Is applicable; and 2. Such payments shall not reduce any Single Construction Project General Aggregate Limit, C. When coverage for liability arising out of the ' products -completed operations hazard" is provided, any payments for damages because of o bodily; injury' or 'property damage' included in the 'products -completed operations hazard' will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project. General Aggregate Limit. D. If a single construction project away from premises owned by or rented to the insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the pro act will still be deemed to be the same construction project. E. The provisions of Section III — Limits Of insurance not otherwise modified by this endorsement shall continue to apply as stipulated. 18. EXPANDED BODILY INJURY Section V — Definitions, the definition of °bodily injury' is changed to read 'Bodily injury' means bodily injury, sickness or disease sustained Ii a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury ; sickness or disease. 18 EXPECTED, OR INTENDED INJURY Exclusion a. of Section 1 — Coverage A — Bodily Injury and property Damage Liability is replaced by the following: e. 'Bodily injury" or 'property damage" expected or intended from the standpoint of the Insured. This exclusion does not apply to 'bodily injury' or 'property damage' resulting from the use of reasonable force to protect persons or property. 20. OWNER CONTROLLED INSURANCE PROGiRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM; OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS The endorsement EXCLUSION — CONSTRUCTION WRAP-UP PROGRAM which Is attached to this policy is amended as follows; A. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP or another exclusionary endorsement pertaining to Owner G -18652-I (Ed. 07/09) G -t 8652-1 (Ed. 07/09) Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled insurance Programs (C.C.I.P.) is attached to this policy, then it is amended to add the following: With respect to a `consolidated (wrap-up) insurance program' project in which you are or were involved, this exclusion does not apply to: 1. Your liability for 'bodily injury," 'property damage,' or 'personal or advertising injury' that occurs during your ongoing operations at the project, or during such operations of anyone acting on your behalf; 2. Your liability for 'bodily injury" or "property damage' Included within the 'products - completed operations hazard" that arises out of those portions of the project that are not 'residential structures.' 8. The following is added to Paragraph 4.b.(1) of Section IV -Commercial General Liability Conditions This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a °consolidated (wrap-up) insurance program,' but only as respects your involvement in that 'consolidated (wrap- up) insurance program.' C. The following Is added to Section V — Definitions: 'Consolidated (wrap-up) insurance program` means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, otherwise referred to as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.r.P.). 'Residential structure' means any structure where 30% or more of the square loot area Is used or is intended to be used for human residency including but not limited to single or multifamily housing, apartments, condominiums, townhouses, co- operatives or planned unit developments and also includes their common areas and/or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there Is no individual ownership of units, residentiai structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels, or motels. Includes copyrighted material of insurance Wilms office, Inc., with Its permission. Page 7 of 8 Residential structure also does not include hospitals or prisons. 21. CONTRACTUAL LIABILrT V — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of 'insured contract' in Section V — Definitions is replaced by the following: °Insured Contract' means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied.. by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; 1. That part of any other contract or agreement pertaining to your business (Including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for %bodily Injury' or 'property damage' to a third person or organization. Tort liability means a liability that would be Imposed by law in the absence of any contract or agreement. Paragraph 1. does not Include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, G-18652-1 (Ed. 07/09) G-18652-1 (Ed. 07/09) surveys, field orders, change orders or drawings and specifications; or (b) Giving- directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activftles. 22. BLANKET WAIVER OF SUBGROGATION The Transfer Of Rights Of Recovery Against Others To Us Condition (Section IV — Commercial General Liability Conditions) is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. 'Your work' included in the "products - completed operations hazard.' However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior t0 loss. 23. IN REM ACTIONS Any action in rem against any vessel owned, operated by or for, or chartered by or for you will be treated in the same manner as though the action were in personam against you. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 VI101ILW. UOVUG ruvvL=uN 111 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 10/18/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER Payne Financial Group, Inc. 7903 E Broadway Spokane, WA 99212 509 535-9178 CONTACT NAME: PHONE (AIC, No, Ext): E-MAIL ADDRESS: FAX (ANC, No): INSURER(S) AFFORDING COVERAGE NA1C fF INSURER A : Transportation Insurance Co. INSURED City of Yakima 129 n 2nd Street Yakima WA 98901 INSURER B INSURER C : INSURER D : INSURER E INSURER F ER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER (MMIDD�YY) ICY EXP (MMIDD!YYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 4033056884 10/18/2012 04/18/2013 EACHq OCCURRENCEC�� $3,000,000 PREMIS SO(Ea occurrDence) $ MED EXP (Any one person) $ CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $3,000,000 X OCP PRODUCTS - COMP/OP AGG $ GEN'L AGGREGATE POLICY LIMIT APPLIES PES PER: LOC $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) _$ $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ , $ DED RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ECUTIVE ANYIPROPRIETER PROPRIETOR/PARTNER/EXECUTIVE OF(Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N JA WC STATU- TORY LIMITS OTH- FR E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: Industrial Waste Force Mains Railroad Crossing - Project #WW2327 1 1 ERTIFICATE HOLDER CANCELLATION 1 1 City of Yakima 129 N 2nd Street Yakima, WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. CORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S834622/M834617 CRP? SCHEDULE OF WORKING HOURS In accordance with Section 1-08.0(2) HOURS OF WORK the normal straight time working hours for this project will be from -7=�0 a.m to p m , days per week. It is understood that normal straight time working hours shall not exceed 40 hours per week, regardless of the number of days worked per week. All hours worked in excess of 40 hours per week shall be considered as overtime hours subject to the reimburse- ment provisions of Section 1-08.0(3) REIMBURSEMENT FOR OVERTIME WORK OF CONTRACTING AGENCY EMPLOYEES as modified by the Special Provisions. Overtime hours are defined as any hours in excess of or outside of the above normal straight time working hours when the Contractor and/or his subcontractors are on the project site performing work. I hereby certify that my subcontractors have been notified of the normal straight time working hours provisions of this project and understand that Engineer/Contracting Agency costs for overtime hours will be deducted from amounts due to me for work performed on the project. C0-0- h�-a-r - w , Con)ttor 4 Signature 0/Z5/Z Date G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 4-6 SECTION 5 - LABOR STANDARDS AND WAGE RATE CONDITIONS G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 5-1 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 and the schedule of prevailing wage rates for the locality or localities where this Contract will be performed as determined by the Industrial Statistician of the Washington State Department of Labor and Industries, are by reference made a part of this Contract. A schedule of prevailing wage rates is included in these Specifications. Inasmuch as the CONTRACTOR will be held responsible for paying this schedule of wages, it is imperative that all contractors and subcontractors familiarize themselves with the current wage rates before submitting bids based on these Specifications. Before any payment is made by the local government body of any sums due under this Contract, the local government body must receive from the CONTRACTOR and each subcontractor a copy of the "Statement of Intent to Pay Prevailing Wages" approved by the Washington State Department of Labor and Industries. Also following the acceptance of the project, the local government body must receive from the CONTRACTOR and each subcontractor a copy of "Affidavit of Wages Paid" and, in addition, from the prime contractor a copy of "Release for the Protection of Property Owners and General Contractor," all approved by the State Department of Labor and Industries Forms may be obtained from the Department of Labor and Industries. The CONTRACTOR and each subcontractor shall pay all fees associated with and make all applications directly to the Department of Labor and Industries These affidavits will be required before any funds retained, according to the provisions of RCW 60.28 010, are released to the CONTRACTOR. Payment by the CONTRACTOR and subcontractor of any fees shall be considered incidental to the construction and all costs shall be included in other pay items of the project. The Contractor and all Subcontractors shall also be required to submit certified weekly payroll forms with an accompanying Statement of Compliance so that payment of prevailing wage rates and fringe benefits may be verified. G:\PROJECTS\2012\12076\SPEC\12076 Specifications.docx 5-2 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 9/14/2012 County Trade Job Classification Wage Holiday Overtime Note Yakima Asbestos Abatement Workers Journey Level $17.83 1 Yakima Boilermakers Journey Level $60.24 5N 1C Yakima Brick Mason Journey Level $41.03 5A 1M Yakima Building Service Employees Janitor $9.04 1 ; Yakima Building Service Employees Shampooer $11.14 1 Yakima Building Service Employees Waxer $9.04 1 Yakima Building Service Employees Window Cleaner $9.14 1 Yakima Cabinet Makers (In Shop) Journey Level $16.35 1 Yakima Carpenters Journey Level $29.72 1 Yakima Cement Masons Journey Level $37.40 7B 1N Yakima Divers &t Tenders Diver $100.28 5D 1M 8A I Yakima Divers a Tenders Diver On Standby $56.68 5D 1M Yakima Divers a Tenders Diver Tender $52.23 5D 1M Yakima Divers a Tenders Surface Rcv &t Rov Operator $52.23 5D 1M Yakima Divers a Tenders Surface Rcv a Rov Operator Tender $48.67 5A 1B Yakima Dredge Workers Assistant Engineer $49.57 5D 1T 8L Yakima Dredge Workers Assistant Mate(deckhand) $49.06 5D 1T 81_ Yakima Dredge Workers Engineer Welder $49.62 5D 1T 8L Yakima Dredge Workers Leverman, Hydraulic $51.19 5D 1T 8L Yakima Dredge Workers Maintenance $49.06 5D 1T 8L Yakima Dredge Workers Mates And Boatmen $49.57 5D 1T 8L Yakima Dredge Workers Oiler $49.19 5D 1T 8L Yakima Drywall Applicator Journey Level $38.43 5D 1M Yakima Drywall Tapers Journey Level $32.51 7E 1P Yakima Electrical Fixture Maintenance Journey Level $43.32 1 Workers Yakima Electricians - Inside Cable Splicer $54.82 5A 1E 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 !Yakima Electricians - Inside Journey Level $52.94 5A 1E Yakima Electricians - Inside Welder $56.71 5A 1E Yakima Electricians - Motor Shop Craftsman $15.37 1 Yakima Electricians - Motor Shop Journey Level $14.69 1 Yakima Electricians - Powerline Cable Splicer $64.95 5A 4A Construction Yakima Electricians - Powerline Certified Line Welder $59.37 5A 4A Construction iYakima Electricians - Powerline Groundperson $42.16 5A 4A Construction 1Yakima Electricians - Powerline Head Groundperson $44.50 5A 4A Construction ,Yakima Electricians - Powerline Heavy Line Equipment Operator $59.37 5A 4A Construction Yakima Electricians - Powerline Jackhammer Operator $44.50 5A 4A Construction Yakima ! Electricians - Powerline Journey Level Lineperson $59.37 5A 4A Construction Yakima Electricians - Powerline Line Equipment Operator $49.95 5A 4A Construction Yakima Electricians - Powerline Pole Sprayer $59.37 5A 4A Construction Yakima Electricians - Powerline Powderperson $44.50 5A 4A Construction Yakima Electronic Technicians Journey Level $23.40 1 Yakima Elevator Constructors Mechanic $75.24 7D 4A Yakima Elevator Constructors Mechanic In Charge $82.00 7D . 4A ;Yakima ! Fabricated Precast Concrete Craftsman - In -Factory Work Only $9.04 1 Products Yakima Fabricated Precast Concrete Journey Level - In -Factory Work Only $9.04 1 Products Yakima Fence Erectors Fence Erector $13.79 1 Yakima Flaggers Journey Level $24.62 1 !Yakima Glaziers Journey Level $22.43 61 1B Yakima ! Heat Et Frost Insulators And Journey Level $25.32 1 Asbestos Workers [Yakima Heating Equipment Mechanics Journey Level $34.85 1 I Yakima Hod Carriers Et Mason Tenders Journey Level $33.71 7A 2Y Yakima 6 Industrial Engine And Machine Journey Level $15.65 1 Mechanics Yakima Industrial Power Vacuum Journey Level $9.24 1 Cleaner Yakima Inland Boatmen Journey Level $9.04 1 !Yakima Inspection/Cleaning/Sealing Of Cleaner Operator, Foamer Operator $9.73 1 Sewer a Water Systems By Remote Control Yakima Inspection/Cleaning/Sealing Of Grout Truck Operator $11.48 1 Sewer a Water Systems By 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Remote Control `Yakima Inspection/Cleaning/Sealing Of Head Operator $12.78 1 Sewer it Water Systems By Remote Control Yakima I Inspection/Cleaning/Sealing Of Technician $9.04 1 Sewer Et Water Systems By Remote Control Yakima Inspection/Cleaning/Sealing Of Tv Truck Operator $10.53 1 Sewer Et Water Systems By Remote Control Yakima Insulation Applicators Journey Level $38.43 5D 1M Yakima Ironworkers Journeyman $52.44 7N 10 Yakima Laborers Air, Gas Or Electric Vibrating Screed $32.75 7A 2Y Yakima Laborers Airtrac Drill Operator $33.71 7A 2Y Yakima Laborers Ballast Regular Machine $32.75 7A 2Y Yakima c Laborers Batch Weighman $30.75 7A 2Y Yakima Laborers Brick Pavers $32.75 7A 2Y Yakima Laborers Brush Cutter $32.75 7A 2Y ;Yakima Laborers Brush Hog Feeder $32.75 7A 2Y EYakima Laborers Burner $32.75 7A 2Y Yakima Laborers Caisson Worker $33.71 7A 2Y Yakima Laborers Carpenter Tender $32.75 7A 2Y Yakima Laborers Cement Dumper-paving $33.31 7A 2Y Yakima Laborers Cement Finisher Tender $32.75 7A 2Y Yakima Laborers Change House Or Dry Shack $32.75 7A 2Y Yakima Laborers Chipping Gun (under 30 Lbs.) $32.75 7A 2.Y !Yakima Laborers Chipping Gun(30 Lbs. And Over) $33.31 7A 2Y Yakima Laborers Choker Setter $32.75 7A 2Y Yakima Laborers Chuck Tender $32.75 7A 2Y Yakima Laborers Clary Power Spreader $33.31 7A 2Y Yakima Laborers Clean-up Laborer $32.75 7A 2Y IYakima i Laborers Concrete Dumper/chute Operator $33.31 7A 2Y Yakima Laborers Concrete Form Stripper $32.75 7A 2Y Yakima Laborers Concrete Placement Crew $33.31 7A 2Y !Yakima Laborers Concrete Saw Operator/core Driller $33.31 7A 2Y 1Yakima Laborers Crusher Feeder $30.75 7A 2Y Yakima Laborers Curing Laborer $32.75 7A 2Y EYakima Laborers Demolition: Wrecking Et Moving (incl. Charred Material) $32.75 7A 2Y Yakima Laborers Ditch Digger $32.75 7A 2Y Yakima Laborers Diver $33.71 7A 2Y !Yakima Laborers Drill Operator (hydraulic,diamond) $33.31 7A 2Y 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Yakima Laborers Dry Stack Walls $32.75 7A 2Y Yakima Laborers Dump Person $32.75 7A 2Y Yakima Laborers Epoxy Technician $32.75 7A 2Y Yakima Laborers Erosion Control Worker $32.75 7A 2Y Yakima Laborers Faller Et Bucker Chain Saw $33.31 7A 2Y Yakima Laborers Fine Graders $32.75 7A 2Y Yakima Laborers Firewatch $30.75 7A 2Y Yakima Laborers Form Setter $32.75 7A 2Y Yakima Laborers Gabian Basket Builders $32.75 7A 2Y Yakima Laborers General Laborer $32.75 7.4 2Y Yakima Laborers Grade Checker a Transit Person $33.71 7A 2Y Yakima Laborers Grinders $32.75 7A 2Y Yakima Laborers Grout Machine Tender $32.75 7A 2Y Yakima Laborers Groutmen (pressure)including Post Tension Beams $33.31 7A 2Y Yakima Laborers Guage and Lock Tender $33.81 7A 2Y IQ s Yakima Laborers Guardrail Erector $32.75 7A 2Y i Yakima Laborers Hazardous Waste Worker (level A) $33.71 7A 2Y Yakima Laborers Hazardous Waste Worker (level B) $33.31 7A 2Y Yakima Laborers Hazardous Waste Worker (level C) $32.75 7A 2Y Yakima Laborers High Scaler $33.71 7A 2Y Yakima Laborers Jackhammer $33.31 7A 2Y Yakima Laborers Laserbeam Operator $33.31 7A 2Y 'Yakima Laborers Maintenance Person $32.75 7A 2Y Yakima Laborers Manhole Builder-mudman $33.31 7A 2Y Yakima Laborers Material Yard Person $32.75 7A 2Y Yakima Laborers Motorman -dinky Locomotive $33.31 7A 2Y Yakima Laborers Nozzleman (concrete Pump, Green Cutter When Using Combination Of High Pressure Air a Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bla $33.31 7A 2Y Yakima Laborers Pavement Breaker $33.31 7A 2Y Yakima Laborers Pilot Car $30.75 74 2Y Yakima Laborers Pipe Layer(lead) $33.71 7A 2Y Yakima Laborers Pipe Layer/tailor $33.31 7A 2Y Yakima Laborers Pipe Pot Tender $33.31 7A 2Y Yakima Laborers Pipe Reliner $33.31 7A 2Y Yakima Laborers Pipe Wrapper $33.31 7,4 2Y Yakima Laborers Pot Tender $32.75 7A 2Y Yakima Laborers Powderman $33.71 7A 2Y Yakima Laborers Powderman's Helper $32.75 7A 2Y Yakima Laborers Power Jacks $33.31 7A 2Y Yakima Laborers Railroad Spike Puller - Power $33.31 7A 2Y I Yakima Laborers Raker - Asphalt $33.71 7A 2Y Yakima Laborers Re-timberman $33.71 7A 2Y Yakima Laborers Remote Equipment Operator $33.31 7A 2Y (Yakima Laborers Rigger/signal Person $33.31 7A 2Y Yakima Laborers Rip Rap Person $32.75 7A 2Y !Yakima Laborers Rivet Buster $33.31 7A 2Y Yakima Laborers Rodder $33.31 7A 2Y Yakima Laborers Scaffold Erector $32.75 7A 2Y EYakima Laborers Scale Person $32.75 7A 2Y Yakima Laborers Sloper (over 20") $33.31 7A 2Y Yakima Laborers Sloper Sprayer $32.75 7A 2Y Yakima Laborers Spreader (concrete) $33.31 7A 2Y 'Yakima Laborers Stake Hopper $32.75 7A 2Y Yakima Laborers Stock Piler $32.75 7A 2Y Yakima Laborers Tamper Et Similar Electric, Air Et Gas Operated Tools $33.31 7A 2Y Yakima Laborers Tamper (multiple Et Self- propelled) $33.31 7A 2Y Yakima Laborers Timber Person - Sewer (tagger, Shorer 8t Cribber) $33.31 7A 2Y Yakima Laborers Toolroom Person (at Jobsite) $32.75 7A 2Y Yakima Laborers Topper $32.75 7A 2Y Yakima Laborers Track Laborer $32.75 7A 2Y Yakima Laborers Track Liner (power) $33.31 7A 2Y 1Yakima Laborers Traffic Control Laborer $32.61 7A 1H 8R Yakima Laborers Traffic Control Supervisor $32.61 7A 1H 8R Yakima Laborers Truck Spotter $32.75 7A 2Y Yakima Laborers Tugger Operator $33.31 7A 2Y Yakima Laborers Tunnel Work -Miner $33.81 7A 2Y Q Yakima Laborers Vibrator $33.31 7A 2Y Yakima Laborers Vinyl Seamer $32.75 7A 2Y Yakima Laborers Watchman $28.07 7A 2Y Yakima Laborers Welder $33.31 7A 2Y Yakima Laborers Well Point Laborer $33.31 7A 2Y Yakima Laborers Window Washer/cleaner $28.07 7A 2Y Yakima Laborers - Underground Sewer General Laborer 8t Topman $32.75 7A 2Y Et Water Yakima Laborers - Underground Sewer Pipe Layer $33.31 7A 2Y 8t Water 1Yakima Landscape Construction Irrigation Or Lawn Sprinkler Installers $9.04 1 !Yakima Landscape Construction Landscape Equipment Operators Or Truck Drivers $15.45 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 !Yakima Landscape Construction Landscaping Or Planting Laborers $9.04 1 Yakima Lathers Journey Level $38.43 5D 1M Yakima Marble Setters Journey Level $41.03 5A 1M Yakima Metal Fabrication (In Shop) Fitter $12.00 1 Yakima Metal Fabrication (In Shop) Laborer $10.31 1 Yakima Metal Fabrication (In Shop) Machine Operator $11.32 1 1Yakima Metal Fabrication (In Shop) Painter $12.00 1 Yakima Metal Fabrication (In Shop) Welder $11.32 1 Yakima Millwright Journey Level $26.05 1 Yakima Modular Buildings Journey Level $14.11 1 Yakima Painters Journey Level $28.12 6Z 1W Yakima Pile Driver Journey Level $48.82 5D 1M Yakima Plasterers Journey Level $48.23 7, 1R Yakima Playground a Park Equipment Journey Level $9.04 1 Installers Yakima Plumbers >:t Pipefitters Journey Level $72.04 6Z 14 Yakima Power Equipment Operators Asphalt Plant Operators $51.89 7A 3C 8P Yakima Power Equipment 0 erators Assistant Engineer $48.62 7A 3C 8P Yakima Power Equipment Operators Barrier Machine (zipper) $51.40 7A 3C 8P Yakima Power Equipment Operators Batch Plant Operator, Concrete $51.40 7A 3C 8P Yakima Power Equipment Operators Bobcat $48.62 7A 3C 8P Yakima Power Equipment Operators Brokk - Remote Demolition Equipment $48.62 7A 3C 8P Yakima Power Equipment Operators Brooms $48.62 7A 3C 8P Yakima Power Equipment Operators Bump Cutter $51.40 7A 3C 8P Yakima Power Equipment Operators Cableways $51.89 7A 3C 8P Yakima Power Equipment Operators Chipper $51.40 7A 3C 8P Yakima Power Equipment Operators Compressor $48.62 7A 3C 8P Yakima Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Over 42 M $51.89 7A 3C 8P Yakima Power Equipment Operators Concrete Finish Machine -laser Screed $48.62 7A 3C 8P Yakima Power Equipment Operators Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. $50.98 7A 3C 8P Yakima Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Up To 42m $51.40 7A 3C 8P Yakima Power Equipment Operators Conveyors $50.98 7A 3C 8P Yakima Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments $51.40 7A 3C 8P ;Yakima Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $51.40 7A 3C 8P Yakima Power Equipment Operators Cranes: 100 Tons Through 199 Tons, Or 150' Of Boom (including Jib With $52.44 7A 3C 8P ' Yakima Power Equipment Operators Cranes: 100 Tons Through 199 Tons, or 150' of boom (including jib with attachments); Overhead, bridge type, 100 tons and over; Tower crane up to 175' in height, base to boom. $52.44 7A 3C 8P Yakima Power Equipment Operators Cranes: 200 Tons To 300 Tons, Or 250' Of Boom (including Jib With Attachments) $53.01 7A 3C 8P ? Yakima Power Equipment Operators Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $51.89 7A 3C 8P Yakima Power Equipment Operators Cranes: A-frame - 10 Tons And Under $48.62 7A 3C 8P Yakima Power Equipment Operators Cranes: Friction 100 Tons Through 199 Tons $53.01 7A 3C 8P Yakima Power Equipment Operators Cranes: Friction Over 200 Tons $53.57 7A 3C 8P Yakima Power Equipment Operators Cranes: Over 300 Tons Or 300' Of Boom (including Jib With Attachments) $53.57 7A 3C 8P !Yakima Power Equipment Operators Cranes: Through 19 Tons With Attachments A-frame Over 10 Tons $50.98 7A 3C 8P Yakima Power Equipment Operators Crusher $51.40 7A 3C 8P Yakima Power Equipment Operators Deck Engineer/deck Winches (power) $51.40 7A 3C 8P Yakima Power Equipment Operators Derricks, On Building Work $51.89 7A 3C 8P Yakima Power Equipment Operators Dozer Quad 9, HD 41, D10 and Over $51.89 7A 3C 8P Yakima Power Equipment Operators Dozers D-9 Ft Under $50.98 7A 3C 8P Yakima Power Equipment Operators Drill Oilers: Auger Type, Truck Or Crane Mount $50.98 7A 3C 8P Yakima Power Equipment Operators Drilling Machine $51.40 7A 3C 8P Yakima Power Equipment Operators Elevator And Man-lift: Permanent And Shaft Type $48.62 7A 3C 8P Yakima Power Equipment Operators Finishing Machine, Bidwell And Gamaco Et Similar Equipment $51.40 7A 3C 8P Yakima Power Equipment Operators Forklift: 3000 Lbs And Over With Attachments $50.98 7A 3C 8P i Yakima Power Equipment Operators Forklifts: Under 3000 Lbs. With Attachments $48.62 7A 3C 8P Yakima Power Equipment Operators Grade Engineer: Using Blue Prints, Cut Sheets, Etc $51.40 7A 3C 8P Yakima Power Equipment Operators Gradechecker/stakeman $48.62 7A 3C 8P Yakima Power Equipment Operators Guardrail Punch $51.40 7A 3C 8P 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Yakima Power Equipment Operators Guardrail Punch/Auger $51.40 7A 3C 8P i Yakima Power Equipment Operators Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. a Over $51.89 7A 3C 8P Yakima Power Equipment Operators Hard Tail End Dump Articulating Off-road Equipment Under 45 Yards $51.40 7A 3C 8P Yakima Power Equipment Operators Horizontal/directional Drill Locator $50.98 7A 3C 8P Yakima Power Equipment Operators Horizontal/directional Drill Operator $51.40 7A 3C 8P Yakima Power Equipment Operators Hydralifts/boom Trucks Over 10 Tons $50.98 7A 3C 8P Yakima Power Equipment Operators Hydralifts/boom Trucks, 10 Tons And Under $48.62 7A 3C 8P Yakima Power Equipment Operators Loader, Overhead 8 Yards. It Over $52.44 7A 3C 8P Yakima Power Equipment Operators Loader, Overhead, 6 Yards. But Not Including 8 Yards $51.89 7A 3C 8P Yakima Power Equipment Operators Loaders, Overhead Under 6 Yards $51.40 7A 3C 8P Yakima Power Equipment Operators Loaders, Plant Feed $51.40 7A 3C 8P Yakima Power Equipment Operators Loaders: Elevating Type Belt $50.98 7A 3C 8P Yakima Power Equipment Operators Locomotives, All $51.40 7A 3C 8P 1 Yakima Power Equipment Operators Material Transfer Device $51.40 7A 3C 8P Yakima Power Equipment Operators Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $52.44 7A 3C 8P Yakima Power Equipment Operators Mixers: Asphalt Plant $51.40 7A 3C 8P Yakima Power Equipment Operators Motor Patrol Grader - Non- finishing $50.98 7A 3C 8P Yakima Power Equipment Operators Motor Patrol Graders, Finishing $51.89 7A 3C 8P Yakima Power Equipment Operators Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And/or Shield $51.89 7A 3C 8P Yakima Power Equipment Operators Oil Distributors, Blower Distribution a Mulch Seeding Operator $48.62 7A 3C 8P Yakima Power Equipment Operators Outside Hoists (elevators And Manlifts), Air Tuggers,strato $50.98 7A 3C 8P Yakima Power Equipment Operators Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $51.40 7A 3C 8P Yakima Power Equipment Operators Overhead, Bridge Type: 100 Tons And Over $52.44 7A 3C 8P Yakima Power Equipment Operators Overhead, Bridge Type: 45 Tons Through 99 Tons $51.89 7A 3C 8P Yakima Power Equipment Operators Pavement Breaker $48.62 7A 3C 8P Yakima Power Equipment Operators Pile Driver (other Than Crane Mount) $51.40 7A 3C 8P Yakima Power Equipment Operators Plant Oiler - Asphalt, Crusher $50.98 7A 3C 8P Yakima Power Equipment Operators Posthole Digger, Mechanical $48.62 7A 3C 8P Yakima Power Equipment Operators Power Plant $48.62 7A 3C 8P Yakima Power Equipment Operators Pumps - Water $48.62 7A 3C 8P Yakima Power Equipment Operators Quad 9, Hd 41, D10 And Over $51.89 7A 3C 8P Yakima Power Equipment Operators Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $48.62 7A 3C 8P Yakima Power Equipment Operators Remote Control Operator On Rubber Tired Earth Moving Equipment $51.89 7A 3C 8P Yakima Power Equipment Operators Rigger And Bellman $48.62 7A 3C 8P Yakima Power Equipment Operators Rollagon $51.89 7A 3C 8P Yakima Power Equipment Operators Roller, Other Than Plant Mix $48.62 7A 3C 8P Yakima Power Equipment Operators Roller, Plant Mix Or Multi-lift Materials $50.98 7A 3C 8P Yakima Power Equipment Operators Roto-mill, Roto-grinder $51.40 7A 3C 8P Yakima Power Equipment Operators Saws - Concrete $50.98 7A 3C 8P Yakima Power Equipment Operators Scraper, Self Propelled Under 45 Yards $51.40 7A 3C 8P Yakima Power Equipment Operators Scrapers - Concrete & Carry All $50.98 7A 3C 8P Yakima Power Equipment Operators Scrapers, Self-propelled: 45 Yards And Over $51.89 7A 3C 8P Yakima Power Equipment Operators Service Engineers - Equipment $50.98 7A 3C 8P Yakima Power Equipment Operators Shotcrete/gunite Equipment $48.62 7A 3C 8P Yakima Power Equipment Operators Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $50.98 7A 3C 8P Yakima Power Equipment Operators Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $51.89 7A 3C 8P Yakima Power Equipment Operators Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $51.40 7A 3C 8P Yakima Power Equipment Operators Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $52.44 7A 3C 8P Yakima Power Equipment Operators Shovel, Excavator, Backhoes: Over 90 Metric Tons $53.01 7A 3C 8P Yakima Power Equipment Operators Slipform Pavers $51.89 7A 3C 8P Yakima Power Equipment Operators Spreader, Topsider £t Screedman $51.89 7A 3C 8P Yakima Power Equipment Operators Subgrader Trimmer $51.40 7A 3C 8P Yakima Power Equipment Operators Tower Bucket Elevators $50.98 7A 3C 8P EYakima Power Equipment Operators Tower Crane Over 175'in Height, Base To Boom $53.01 7A 3C 8P Yakima Power Equipment Operators Tower Crane Up To 175' In Height Base To Boom $52.44 7A 3C 8P Yakima Power Equipment Operators Transporters, All Track Or Truck Type $51.89 7A 3C 8P 9 Yakima Power Equipment Operators Trenching Machines $50.98 7A 3C 8P 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Yakima Power Equipment Operators Truck Crane Oiler/driver - 100 Tons And Over $51.40 7A 3C 8P Yakima Power Equipment Operators Truck Crane Oiler/driver Under 100 Tons $50.98 7A 3C 8P Yakima Power Equipment Operators Truck Mount Portable Conveyor $51.40 7A 3C 8P Yakima Power Equipment Operators Welder $51.89 7A 3C 8P Yakima Power Equipment Operators Wheel Tractors, Farman Type $48.62 7A 3C 8P Yakima Power Equipment Operators Yo Yo Pay Dozer $51.40 7A 3C 8P Yakima Power Equipment Operators- Asphalt Plant Operators $51.89 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Assistant Engineer $48.62 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Barrier Machine (zipper) $51.40 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Batch Plant Operator, Concrete $51.40 7A 3C 8P s Underground Sewer Et Water Yakima Power Equipment Operators- Bobcat $48.62 7A 3C 8P d Underground Sewer & Water Yakima Power Equipment Operators- Brokk - Remote Demolition Equipment $48.62 7A 3C 8P 1 Underground Sewer & Water Yakima Power Equipment Operators- Brooms $48.62 7A 3C 8P b Underground Sewer & Water Yakima Power Equipment Operators- Bump Cutter $51.40 7A 3C 8P 1 s Underground Sewer Et Water Yakima Power Equipment Operators- Cableways $51.89 7A 3C 8P I i Underground Sewer & Water Yakima Power Equipment Operators- Chipper $51.40 7A 3C 8P c Underground Sewer Et Water Yakima Power Equipment Operators- Compressor $48.62 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Concrete Pump: Truck Mount With Boom Attachment Over 42 M $51.89 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Concrete Finish Machine -laser Screed $48.62 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. $50.98 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Concrete Pump: Truck Mount With Boom Attachment Up To 42m $51.40 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Conveyors $50.98 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Cranes: 20 Tons Through 44 Tons With Attachments $51.40 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Cranes: 20 Tons Through 44 Tons With Attachments Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $51.40 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Cranes: 100 Tons Through 199 $52.44 7A 3C 8P 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Underground Sewer Et Water Tons, Or 150' Of Boom (including Jib With Yakima rUnderground c Power Equipment Operators- Cranes: 200 Tons To 300 Tons, Or 250' Of Boom (including Jib With Attachments) $53.01 7A 3C 8P Sewer Et Water Yakima ! Power Equipment Operators- Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $51.89 7A 3C 8P Underground Sewer Et Water !Yakima Power Equipment Operators- Cranes: A-frame - 10 Tons And Under $48.62 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Cranes: Friction 100 Tons Through 199 Tons $53.01 7A 3C 8P Underground Sewer &t Water ;Yakima a Power Equipment Operators- Cranes: Friction Over 200 Tons $53.57 7A 3C 8P Underground Sewer &t Water Yakima Power Equipment Operators- Cranes: Over 300 Tons Or 300' Of Boom (including Jib With Attachments) $53.57 7A 3C 8P Underground Sewer &t Water ,Yakima ! Power Equipment Operators- Cranes: Through 19 Tons With Attachments A-frame Over 10 Tons $50.98 7A 3C 8P Underground Sewer Et Water Yakima ! Power Equipment Operators- Crusher $51.40 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Deck Engineer/deck Winches (power) $51.40 7A 3C 8P Underground Sewer Et Water @Yakima I Power Equipment Operators- Derricks, On Building Work $51.89 7A 3C 8P ! Underground Sewer Et Water Yakima Power Equipment Operators- Dozer Quad 9, HD 41, D10 and Over $51.89 7A 3C 8P Underground Sewer Et Water {Yakima Power Equipment Operators- Dozers D-9 Et Under $50.98 7A 3C 8P Underground Sewer Et Water Yakima I Power Equipment Operators- Drill Oilers: Auger Type, Truck Or Crane Mount $50.98 7A 3C 8P Underground Sewer Et Water !Yakima Power Equipment Operators- Drilling Machine $51.40 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Elevator And Man-lift: Permanent And Shaft Type $48.62 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Finishing Machine, Bidwell And Gamaco Et Similar Equipment $51.40 7A 3C 8P Underground Sewer Et Water b !Yakima Power Equipment Operators- Forklift: 3000 Lbs And Over With Attachments $50.98 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Forklifts: Under 3000 Lbs. With Attachments $48.62 7A 3C 8P Underground Sewer Et Water L !Yakima 1 Power Equipment Operators- Grade Engineer: Using Blue Prints, Cut Sheets, Etc $51.40 7A 3C 8P Underground Sewer Et Water Yakima Power.Equipment Operators- Gradechecker/stakeman $48.62 7A 3C 8P Underground Sewer Et Water Yakima ! Power Equipment Operators- Guardrail Punch $51.40 7A 3C 8P Underground Sewer Et Water Yakima f Power Equipment Operators- Guardrail Punch/Auger $51.40 7A 3C 8P Underground Sewer &t Water 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Yakima Power Equipment Operators- Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. & Over $51.89 7A 3C 8P Underground Sewer a Water Yakima Power Equipment Operators- Hard Tail End Dump Articulating Off-road Equipment Under 45 Yards $51.40 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Horizontal/directional Drill Locator $50.98 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Horizontal/directional Drill Operator $51.40 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Hydralifts/boom Trucks Over 10 Tons $50.98 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Hydralifts/boom Trucks, 10 Tons And Under $48.62 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Loader, Overhead 8 Yards. Et Over $52.44 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Loader, Overhead, 6 Yards. But Not Including 8 Yards $51.89 7A 3C 8P Underground Sewer &t Water Yakima Power Equipment Operators- Loaders, Overhead Under 6 Yards $51.40 7A 3C 8P ; Underground Sewer Et Water Yakima Power Equipment Operators- Loaders, Plant Feed $51.40 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Loaders: Elevating Type Belt $50.98 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Locomotives, All $51.40 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Material Transfer Device $51.40 7A 3C 8P 1 Underground Sewer Et Water Yakima Power Equipment Operators- Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $52.44 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Mixers: Asphalt Plant $51.40 7A 3C 8P Underground Sewer &t Water Yakima Power Equipment Operators- Motor Patrol Grader - Non- finishing $50.98 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Motor Patrol Graders, Finishing $51.89 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And/or Shield $51.89 7A 3C 8P. Underground Sewer Et Water Yakima Power Equipment Operators- Oil Distributors, Blower Distribution Et Mulch Seeding Operator $48.62 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Outside Hoists (elevators And Manlifts), Air Tuggers,strato $50.98 7A 3C 8P • Underground Sewer a Water Yakima Power Equipment Operators- Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $51.40 7A 3C 8P Underground Sewer &t Water Yakima Power Equipment Operators- Overhead, Bridge Type: 100 Tons And Over $52.44 7A 3C 8P Underground Sewer Et Water Yakima Power Equipment Operators- Overhead, Bridge Type: 45 Tons Through 99 Tons $51.89 7A 3C 8P Underground Sewer 8 Water [Yakima i Power Equipment Operators- Pavement Breaker $48.62 7A 3C 8P Underground Sewer Et Water ;Yakima f f Power Equipment Operators- Pile Driver (other Than Crane Mount) $51.40 7A 3C 8P Underground Sewer & Water 'Yakima Power Equipment Operators- Plant Oiler - Asphalt, Crusher $50.98 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Posthole Digger, Mechanical $48.62 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Power Plant $48.62 7A 3C 8P Underground Sewer & Water 'Yakima Power Equipment Operators- Pumps - Water $48.62 7A 3C 8P Underground Sewer & Water [Yakima I Power Equipment Operators- Quad 9, Hd 41, D10 And Over $51.89 7A 3C 8P Underground Sewer a Water IYakima Power Equipment Operators- Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $48.62 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Remote Control Operator On Rubber Tired Earth Moving Equipment $51.89 7A 3C 8P I Underground Sewer & Water !Yakima Power Equipment Operators- Rigger And Bellman $48.62 7A 3C 8P Underground Sewer & Water [Yakima Power Equipment Operators- Rollagon $51.89 7A 3C 8P Underground Sewer & Water EYakima Power Equipment Operators- Roller, Other Than Plant Mix $48.62 7A 3C 8P Underground Sewer & Water IYakima Power Equipment Operators- Roller, Plant Mix Or Multi -lift Materials $50.98 7A 3C 8P Underground Sewer & Water [Yakima Power Equipment Operators- Roto -mill, Roto -grinder $51.40 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Saws - Concrete $50.98 7A 3C 8P Underground Sewer & Water [Yakima f Power Equipment Operators- Scraper, Self Propelled Under 45 Yards $51.40 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Scrapers - Concrete a Carry All $50.98 7A 3C 8P Underground Sewer & Water Yakima [ Power Equipment Operators- Scrapers, Self-propelled: 45 Yards And Over $51.89 7A 3C 8P Underground Sewer & Water [Yakima I Power Equipment Operators- Service Engineers - Equipment $50.98 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Shotcrete/gunite Equipment $48.62 7A 3C 8P Underground Sewer & Water [Yakima Power Equipment Operators- Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $50.98 7A 3C 8P Underground Sewer & Water [Yakima Power Equipment Operators- Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $51.89 7A 3C 8P Underground Sewer & Water [Yakima Power Equipment Operators- Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $51.40 7A 3C 8P Underground Sewer & Water 'Yakima Power Equipment Operators- Shovel, Excavator, Backhoes: $52.44 7A 3C 8P 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Underground Sewer & Water Over 50 Metric Tons To 90 Metric Tons [Yakima Power Equipment Operators- Shovel, Excavator, Backhoes: Over 90 Metric Tons $53.01 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Slipform Pavers $51.89 7A 3C 8P s Underground Sewer & Water � IYakima Power Equipment Operators- Spreader, Topsider & Screedman $51.89 7A 3C e 8P Underground Sewer & Water Yakima Power Equipment Operators- Subgrader Trimmer $51.40 7A 3C 8P Underground Sewer a Water Yakima , Power Equipment Operators- Tower Bucket Elevators $50.98 7A 3C 8P Underground Sewer a Water Yakima t Power Equipment Operators- Tower Crane Over 175'in Height, Base To Boom $53.01 7A 3C 8P Underground Sewer a Water Yakima Power Equipment Operators- Tower Crane Up To 175' In Height Base To Boom $52.44 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Transporters, All Track Or Truck Type $51.89 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Trenching Machines $50.98 7A 3C 8P Underground Sewer a Water Yakima Power Equipment Operators- Truck Crane Oiler/driver - 100 Tons And Over $51.40 7A 3C 8P Underground Sewer a Water Yakima Power Equipment Operators- Truck Crane Oiler/driver Under 100 Tons $50.98 7A 3C 8P Underground Sewer & Water !Yakima Power Equipment Operators- Truck Mount Portable Conveyor $51.40 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Welder $51.89 7A 3C 8P Underground Sewer a Water Yakima Power Equipment Operators- Wheel Tractors, Farmall Type $48.62 7A 3C 8P Underground Sewer a Water Yakima Power Equipment Operators- Yo Yo Pay Dozer $51.40 7A 3C 8P Underground Sewer & Water !Yakima I Power Line Clearance Tree Journey Level In Charge $42.91 5A 4A Trimmers Yakima Power Line Clearance Tree Spray Person $40.73 5A 4A Trimmers Yakima Power Line Clearance Tree Tree Equipment Operator $41.29 5A 4A Trimmers [Yakima Power Line Clearance Tree Tree Trimmer $38.38 5A 4A Trimmers ;Yakima E Power Line Clearance Tree Tree Trimmer Groundperson $28.95 5A 4A Trimmers Yakima Refrigeration & Air Journey Level $28.11 1 Conditioning Mechanics Residential Brick Mason Journey Level $29.00 1 'Yakima IYakima Residential Carpenters Journey Level $17.14 1 Yakima Residential Cement Masons Journey Level $11.86 1 Yakima Residential Drywall Applicators Journey Level $18.00 1 !Yakima Residential Drywall Tapers Journey Level $17.00 1 Yakima Residential Electricians Journey Level $21.98 1 Residential Glaziers Yakima Journey Level $22.43 61 1B Residential Insulation ;Yakima 1 Journey Level $14.38 1 Applicators Yakima Residential Laborers Journey Level $11.02 1 [Yakima Residential Marble Setters Journey Level $29.00 1 - I Yakima Residential Painters Journey Level $16.32 1 Yakima Residential Plumbers a Journey Level $20.55 1 fi Pipefitters iYakima Residential Refrigeration &t Air Journey Level $28.11 1 Conditioning Mechanics Yakima Residential Sheet Metal Journey Level (Field or Shop) $37.10 5A 1X ' Workers Yakima Residential Soft Floor Layers Journey Level $17.55 1 Yakima Residential Sprinkler Fitters Journey Level $9.04 1 (Fire Protection) Yakima Residential Stone Masons Journey Level $16.00 1 Yakima Residential Terrazzo Workers Journey Level $9.04 1 Yakima Residential Terrazzo/Tile Journey Level $17.00 1 Finishers (Yakima Residential Tile Setters Journey Level $16.78 1 Yakima Roofers Journey Level $12.00 1 Yakima Sheet Metal Workers Journey Level (Field or Shop) $50.61 5A 1X Yakima € Sign Makers Et Installers Journey Level $14.65 1 1 (Electrical) [Yakima Sign Makers Et Installers (Non- Journey Level $14.65 1 1 Electrical) Yakima Soft Floor Layers Journey Level $23.11 5A 1N !Yakima Solar Controls For Windows Journey Level $9.04 1 ,Yakima Sprinkler Fitters (Fire Journey Level $26.36 1 Protection) Yakima Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural Yakima Stone Masons Journey Level $41.03 5A 1M Y 'Yakima Street And Parking Lot Journey Level $9.04 1 1 1 Sweeper Workers Yakima Surveyors Assistant Construction Site Surveyor $50.98 7A 3C 8P 8 Yakima Surveyors Chainman $50.46 7A 3C 8P Yakima Surveyors Construction Site Surveyor $51.89 7A 3C 8P Yakima Telecommunication Journey Level $20.00 1 Technicians Yakima Telephone Line Construction - Cable Splicer $35.09 5A 2B 1 1 I Outside Yakima I Telephone Line Construction - Hole Digger/Ground Person $19.22 5A 2B 1 s Outside Yakima Telephone Line Construction - Installer (Repairer) $33.63 5A 2B 1 Outside 1 11 1 1 1 1 1 11 t 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 &Yakima Telephone Line Construction - Special Aparatus Installer 1 $35.09 5A 2B Outside Yakima Telephone Line Construction - Special Apparatus Installer II $34.37 5A 2B Outside Yakima i Telephone Line Construction - Telephone Equipment Operator (Heavy) $35.09 5A 2B Outside !Yakima Telephone Line Construction - Telephone Equipment Operator (Light) $32.62 5A 2B Outside Yakima € Telephone Line Construction - Telephone Lineperson $32.62 5A 2B Outside Yakima Telephone Line Construction - Television Groundperson $18.65 5A 2B Outside Yakima Telephone Line Construction - Television Lineperson/Installer $24.66 5A 2B i Outside €Yakima Telephone Line Construction - Television System Technician $29.42 5A 2B Outside Yakima 1 Telephone Line Construction - Television Technician $26.43 5A 2B Outside Yakima ! Telephone Line Construction - Tree Trimmer $32.95 5A 2B Outside 1Yakima Terrazzo Workers Journey Level $32.15 5A 1M Yakima Tile Setters Journey Level $32.15 5A 1M Yakima f Tile, Marble a Terrazzo Journey Level $28.07 5A 1M ' Finishers !Yakima Traffic Control Stripers Journey Level $41.27 7A 1K 1Yakima Truck Drivers Asphalt Mix $14.19 _ 1 Yakima Truck Drivers Dump Truck Et Trailer(c.wa- 760) $36.36 61 2G bYakima Truck Drivers Dump Truck(c.wa-760) $36.36 61 2G Yakima Truck Drivers Other Trucks(c.wa-760) $36.36 61 2G Yakima Truck Drivers Transit Mixer $36.36 61 2G Yakima Well Drillers Et Irrigation Pump Irrigation Pump Installer $25.44 1 Installers Yakima Well Drillers Et Irrigation Pump Oiler $9.20- 1 Installers Yakima f- _ Well Drillers a Irrigation Pump Well Driller $18.00 1 Installers Benefit Code Key - Effective 08-31-2012 thru 03-02-2013 ************************************************************************************************************ 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. B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two (2) hours before or after a five - eight (8) hour workweek day or a four - ten (10) hour workweek day and the first eight (8) hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four - ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays, holidays and after twelve (12) hours, Monday through Friday and after ten (10) hours on Saturday shall be paid at double the hourly rate of wage. Benefit Code Key — Effective 08-31-2012 thru 03-03-2013 P. All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. T. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee) and all hours worked in excess of eight (8) hours per day (10 hours per day for a 4 x 10 workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight -time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek) or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. 1. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. 2. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. Benefit Code Key — Effective 08-31-2012 thru 03-03-2013 2. C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight (8) hours on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. K. All hours worked on holidays shall be paid at two times the hourly rate of wage in addition to the holiday pay. O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked over' 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten- hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The first eight (8) hours worked on the fifth day shall be paid at one and one-half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on holidays shall be paid at double the hourly rate of wage. Y. All hours worked on Saturdays (except for make-up days) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 3. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar ($1.00) per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. B. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5.00 am Monday and Holidays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Benefit Code Key — Effective 08-31-2012 thru 03-03-2013 3. D. All hours worked between 6:00 pm Monday through 6:00 am Saturday, shall be paid at an overtime rate of 15% over the hourly rate of wage. All other hours worked after 6:00 am on Saturdays, shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week, once 40 hours of straight time work is achieved, then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. 4. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. B. All hours worked 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 Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day (7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas, and Christmas Day (8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). H. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, And Christmas (6). I. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). J. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (7). K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). L. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (8). N. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (9). P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. 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). — 4 — Benefit Code Key — Effective 08-31-2012 thru 03-03-2013 5. S. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7). T. Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Holiday Codes Continued 6. A. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8). E. Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Day, And A Half -Day On Christmas Eve Day. (9 1/2). G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And Christmas Eve Day (11). H. Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (10). I. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (7). Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, The Day After Thanksgiving Day And Christmas Day (8). Unpaid Holiday_ Presidents' Day. T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday If a holiday falls on Sunday, the following Monday shall be considered as the holiday. Holiday Codes Continued 7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday And Saturday After Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. _ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Benefit Code Key — Effective 08-31-2012 thru 03-03-2013 7. D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I. Holidays: New Year's Day, President's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls 011 a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, And the Day after or before Christmas Day. 10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday. O. Paid Holidays: New Year's Day, The Day After Or Before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, The Day After Or Before Christmas Day, And The Employees Birthday. 11). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. — 6 — Benefit Code Key — Effective 08-31-2012 thru 03-03-2013 7. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. R. Paid Holidays: New Year's Day, the day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day after or before Christmas Day (10). If any of the listed holidays fall on Saturday, the preceding Friday shall be observed as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. Note Codes 8. A. In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more: Over 50' To 100' - $2.00 per Foot for Each Foot Over 50 Feet Over 100' To 150' - $3.00 per Foot for Each Foot Over 100 Feet Over 150' To 220' - $4.00 per Foot for Each Foot Over 150 Feet Over 220' - $5.00 per Foot for Each Foot Over 220 Feet C. In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more: Over 50' To 100' - $1.00 per Foot for Each Foot Over 50 Feet Over 100' To 150' - $1.50 per Foot for Each Foot Over 100 Feet Over 150' To 200' - $2.00 per Foot for Each Foot Over 150 Feet Over 200' - Divers May Name Their Own Price D. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour L. Workers on hazmat projects receive additional hourly premiums as follows - Level A: $0.75, Level B: $0.50, And Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1 00, Levels C & D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows - Level A: $1.00, Level B. $0.75, Level C: $0.50, And Level D: $0.25 P. Workers on hazmat projects receive additional hourly premiums as follows - Class A Suit: $2.00, Class B Suit: $1.50, Class C Suit: $1.00, And Class D Suit $0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. R. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is bemg utilized. A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho These classifications are only effective on or after August 31, 2012. S. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. Benefit Code Key — Effective 08-31-2012 thru 03-03-2013 8. T. Effective August 31, 2012 — A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. Washington State Department of Labor and Industries Policy Statement (Regarding the Production of "Standard" or "Non-standard" Items) The offsite fabrication of nonstandard items specifically produced for a public works project is considered public work for which prevailing wages are required. 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. It is the manufacturer's responsibility to verify that the correct county wage rates are applied to work they perform. Any firm with questions regarding the policy, WSDOT's Predetermined List, or for determinations of covered and non -covered workers shall be directed to State L&I at (360) 902-5330. Supplemental to Wage Rates 1 08/31/2012 Edition, Published August 3rd, 2012 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WSDOT's Predetermined List for Suppliers - Manufactures - Fabricator Below is a list of potentially prefabricated items, originally furnished by WSDOT to Washington State Department of Labor and Industries, that may be considered non- standard and therefore covered by the prevailing wage law, RCW 39.12. Items marked with an X in the "YES" column should be considered to be non-standard and therefore covered by RCW 39.12. Items marked with an X in the "NO" column should be considered to be standard and therefore not covered. Of course, exceptions to this general list may occur, and in that case shall be evaluated according to the criteria described in State and L&I's policy statement. ITEM DESCRIPTION YES NO 1. Metal rectangular frames, solid metal covers, herringbone grates, and bi-directional vaned grates for Catch Basin Types 1, 'IL, 1 P, and 2 and Concrete Inlets. See Std. Plans 2. Metal circular frames (rings) and covers, circular grates, and prefabricated ladders for Manhole Types 1, 2, and 3, Drywell Types 1, 2, and 3 and Catch Basin Type 2. See Std. Plans 3. Prefabricated steel grate supports and welded grates, metal frames and dual vaned grates, and Type 1, 2, and 3 structural tubing grates for Drop Inlets. See Std. Plans. X 4. Concrete Pipe - Plain Concrete pipe and reinforced concrete pipe Class 2 to 5 sizes smaller than 60 inch diameter. X 5. Concrete Pipe - Plain Concrete pipe and reinforced concrete pipe Class 2 to 5 sizes larger than 60 inch diameter. X 6. Corrugated Steel Pipe - Steel lock seam corrugated pipe for culverts and storm sewers, sizes 30 inch to 120 inches in diameter. May also be treated, 1 thru 5. 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. Supplemental to Wage Rates 08/31/2012 Edition, Published August 3rd, 2012 2 ITEM DESCRIPTION YES NO 8. Anchor Bolts & Nuts - Anchor Bolts and Nuts, for mounting sign structures, luminaries and other items, shall be made from commercial bolt stock. See Contract Plans and Std. Plans for size and material type. X 9. Aluminum Pedestrian Handrail - Pedestrian handrail conforming to the type and material specifications set forth in the contract plans. Welding of aluminum shall be in accordance with Section 9-28 14(3). X 10. Major Structural Steel Fabrication - Fabrication of major steel items such as trusses, beams, girders, etc., for bridges. X 11. Minor Structural Steel Fabrication - Fabrication of minor steel Items such as special hangers, brackets, access doors for structures, access ladders for irrigation boxes, bridge expansion joint systems, etc., involving welding, cutting, punching and/or boring of holes. See Contact Plans for item description and shop drawings. X 12. Aluminum Bridge Railing Type BP - Metal bridge railing conforming to the type and material specifications set forth in the Contract Plans. Welding of aluminum shall be in accordance with Section 9-28.14(3). X 13. Concrete Piling--Precast-Prestressed concrete piling for use as 55 and 70 ton concrete piling. Concrete to conform to Section 9-19.1 of Std. Spec.. X 14. Precast Manhole Types 1, 2, and 3 with cones, adjustment sections and flat top slabs. See Std. Plans. X 15. Precast Drywell Types 1, 2, and with cones and adjustment Sections. See Std. Plans. x 16. Precast Catch Basin - Catch Basin type 1, 1L, 1P, and 2 With adjustment sections. See Std. Plans. X Supplemental to Wage Rates 08/31/2012 Edition, Published August 3rd, 2012 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ITEM DESCRIPTION YES NO 17. Precast Concrete Inlet - with adjustment sections, See Std. Plans X 18. Precast Drop Inlet Type 1 and 2 with metal grate supports. See Std. Plans. X 19. Precast Grate Inlet Type 2 with extension and top units. See Std. Plans X 20. Metal frames, vaned grates, and hoods for Combination Inlets. See Std. Plans X 21. Precast Concrete Utility Vaults - Precast Concrete utility vaults of various sizes. Used for in ground storage of utility facilities and controls. See Contract Plans for size and construction requirements. Shop drawings are to be provided for approval prior to casting 22. Vault Risers - For use with Valve Vaults and Utilities Vaults. X 23. Valve Vault - For use with underground utilities. 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 Supplemental to Wage Rates 08/31/2012 Edition, Published August 3rd, 2012 4 ITEM DESCRIPTION YES NO 27. Precast Railroad Crossings - Concrete Crossing Structure 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)A X 29 Prestressed Concrete Girder Series 4-14 - Prestressed Concrete Girders for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A 30. Prestressed Tri -Beam Girder - Prestressed Tri -Beam Girders for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A 31 Prestressed Precast Hollow -Core Slab — Precast Prestressed Hollow -core slab for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A. 32. Prestressed -Bulb Tee Girder - Bulb Tee Prestressed Girder for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A 33. Monument Case and Cover See Std. Plan. Supplemental to Wage Rates 08/31/2012 Edition, Published August 3rd, 2012 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ITEM DESCRIPTION YES NO 34. Cantilever Sign Structure - Cantilever Sign Structure fabricated from steel tubing meeting AASHTO-M-183. See Std. Plans, and Contract Plans for details. The steel structure shall be galvanized after fabrication in accordance with AASHTO-M-111. 35. Mono -tube Sign Structures - Mono -tube Sign Bridge fabricated to details shown in the Plans. Shop drawings for approval are required prior to fabrication. i 36. Steel Sign Bridges - Steel Sign Bridges fabricated from steel tubing meeting AASHTO-M-138 for Aluminum Alloys. See Std. Plans, and Contract Plans for details. The steel structure shall be galvanized after fabrication in accordance with AASHTO-M-111. X 37. Steel Sign Post - Fabricated Steel Sign Posts as detailed in Std Plans. Shop drawings for approval are to be provided prior to fabrication X 38. Light Standard -Prestressed - Spun, prestressed, hollow concrete poles. X 39. Light Standards - Lighting Standards for use on highway illumination systems, poles to be fabricated to conform with methods and materials as specified on Std. Plans. See Specia Provisions for pre -approved drawings. X 40. Traffic Signal Standards - Traffic Signal Standards for use on highway and/or street signal systems. Standards to be fabricated to conform with methods and material as specified on Std. Plans. See Special Provisions for pre -approved drawings 41. Precast Concrete Sloped Mountable Curb (Single and DualFaced) See Std. Plans. Supplemental to Wage Rates 08/31/2012 Edition, Published August 3rd, 2012 6 ITEM DESCRIPTION YES NO 42. Traffic Signs - Prior to approval of a Fabricator of Traffic Signs, the sources of the following materials must be submitted and approved for reflective sheeting, legend material, and aluminum sheeting. NOTE: *** Fabrication inspection required. Only signs tagged "Fabrication Approved" by WSDOT Sign Fabrication Inspector to be installed if x Custom Message Std Signing Message 43. Cutting & bending reinforcing steel 44. Guardrail components X X Custom End Sec Standard Sec 45. Aggregates/Concrete mixes Covered by WAC 296-127-018 46. Asphalt Covered by WAC 296-127-018 47. Fiber fabrics x 48. Electrical wiring/components x 49. treated or untreated timber pile X 50. Girder pads (elastomeric bearing) X 51. Standard Dimension lumber X 52. Irrigation components X Supplemental to Wage Rates 08/31/2012 Edition, Published August 3rd, 2012 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ITEM DESCRIPTION YES NO 53. Fencing materials X 54. Guide Posts x 55. Traffic Buttons X 56 Epoxy x 57. Cribbing i 58. Water distribution materials x 59. Steel "H" piles X 60. Steel pipe for concrete pile casings X 61. Steel pile tips, standard x 62. Steel pile tips, custom X Supplemental to Wage Rates 8 08/31/2012 Edition, Published August 3rd, 2012 WSDOT's List of State Occupations not applicable to Heavy and Highway Construction Projects This project is subject to the state hourly minimum rates for wages and fringe benefits in the contract provisions, as provided by the state Department of Labor and Industries. The following list of occupations, is comprised of those occupations that are not normally used in the construction of heavy and highway projects. When considering job classifications for use and / or payment when bidding on, or building heavy and highway construction projects for, or administered by WSDOT, these Occupations will be excepted from the included "Washington State Prevailing Wage Rates For Public Work Contracts" documents. • Electrical Fixture Maintenance Workers • Electricians - Motor Shop • Heating Equipment Mechanics • Industrial Engine and Machine Mechanics • Industrial Power Vacuum Cleaners • Inspection, Cleaning, Sealing of Water Systems by Remote Control • Laborers - Underground Sewer & Water • Machinists (Hydroelectric Site Work) • Modular Buildings • Playground & Park Equipment Installers • Power Equipment Operators - Underground Sewer & Water • Residential ***ALL ASSOCIATED RATES *** • Sign Makers and Installers (Non -Electrical) • Sign Makers and Installers (Electrical) • Stage Rigging Mechanics (Non Structural) The following occupations may be used only as outlined in the preceding text concerning "WSDOT's list for Suppliers - Manufacturers - Fabricators" • Fabricated Precast Concrete Products • Metal Fabrication (In Shop) Definitions for the Scope of Work for prevailing wages may be found at the Washington State Department of Labor and Industries web site and in WAC Chapter 296-127. Supplemental to Wage Rates 9 08/31/2012 Edition, Published August 3rd, 2012 Washington State Department of Labor and Industries Policy Statements (Regarding Production and Delivery of Gravel, Concrete, Asphalt, etc.) WAC 296-127-018 Agency filings affecting this section Coverage and exemptions of workers involved in the production and delivery of gravel, concrete, asphalt, or similar materials. (1) The materials covered under this section include but are not limited to: Sand, gravel, crushed rock, concrete, asphalt, or other similar materials. (2) All workers, regardless of by whom employed, are subject to the provisions of chapter 39.12 RCW when they perform any or all of the following functions: (a) They deliver or discharge any of the above -listed materials to a public works project site: (i) At one or more point(s) directly upon the location where the material will be incorporated into the project; or (ii) At multiple points at the project; or (iii) Adjacent to the location and coordinated with the incorporation of those materials. (b) They wait at or near a public works project site to perform any tasks subject to this section of the rule. (c) They remove any materials from a public works construction site pursuant to contract requirements or specifications (e.g., excavated materials, materials from demolished structures, clean-up materials, etc.). (d) They work in a materials production facility (e.g., batch plant, borrow pit, rock quarry, etc.) which is established for a public works project for the specific, but not necessarily exclusive, purpose of supplying materials for the project. (e) They deliver concrete to a public works site regardless of the method of incorporation. (f) They assist or participate in the incorporation of any materials into the public works project. Supplemental to Wage Rates 10 08/31/2012 Edition, Published August 3rd, 2012 (3) All travel time that relates to the work covered under subsection (2) of this section requires the payment of prevailing wages. Travel time includes time spent waiting to load, loading, transporting, waiting to unload, and delivering materials. Travel time would include all time spent in travel in support of a public works project whether the vehicle is empty or full. For example, travel time spent returning to a supply source to obtain another load of material for use on a public works site or returning to the public works site to obtain another load of excavated material is time spent in travel that is subject to prevailing wage. Travel to a supply source, including travel from a public works site, to obtain materials for use on a private project would not be travel subject to the prevailing wage. (4) Workers are not subject to the provisions of chapter 39.12 RCW when they deliver materials to a stockpile. (a) A "stockpile" is defined as materials delivered to a pile located away from the site of incorporation such that the stockpiled materials must be physically moved from the stockpile and transported to another location on the project site in order to be incorporated into the project. (b) A stockpile does not include any of the functions described in subsection (2)(a) through (f) of this section; nor does a stockpile include materials delivered or distributed to multiple locations upon the project site; nor does a stockpile include materials dumped at the place of incorporation, or adjacent to the location and coordinated with the incorporation. (5) The applicable prevailing wage rate shall be determined by the locality in which the work is performed. Workers subject to subsection (2)(d) of this section, who produce such materials at an off-site facility shall be paid the applicable prevailing wage rates for the county in which the off-site facility is located. Workers subject to subsection (2) of this section, who deliver such materials to a public works project site shall be paid the applicable prevailing wage rates for the county in which the public works project is located. [Statutory Authority: Chapter 39 12 RCW, RCW 43.22.051 and 43.22.270. 08-24-101, § 296-127-018, filed 12/2/08, effective 1/2/09. Statutory Authority: Chapters 39.04 and 39.12 RCW and RCW 43.22.270. 92-01-104 and 92-08-101, § 296-127-018, filed 12/18/91 and 4/1/92, effective 8/31/92.] Supplemental to Wage Rates 11 08/31/2012 Edition, Published August 3rd, 2012 SECTION 6 - TECHNICAL SPECIFICATIONS G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-1 CITY OF YAKIMA YAKIMA COUNTY, WASHINGTON SPECIAL PROVISIONS FOR INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING City of Yakima Project No. WW2327 HLA Project No. 12076 CONTENTS PAGE NO. SPECIAL PROVISIONS ...... . .. 6-3 DESCRIPTION OF WORK 6-3 1-01 DEFINITIONS AND TERMS .. .... 6-4 1-02 BID PROCEDURES AND CONDITIONS . 6-6 1-03 AWARD AND EXECUTION OF CONTRACT...... .6-10 1-04 SCOPE OF THE WORK . 6-12 1-05 CONTROL OF WORK. .6-13 1-06 CONTROL OF MATERIAL .. .... . . ............... ... .. ........ ..... 6-21 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC .... . 6-21 1-08 PROSECUTION AND PROGRESS . 6-31 1-09 MEASUREMENT AND PAYMENT... ..6-36 1-10 TEMPORARY TRAFFIC CONTROL 6-41 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP . 6-42 2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS .... 6-43 2-03 ROADWAY EXCAVATION AND EMBANKMENT .6-44 2-04 HAUL. ...... .6-45 2-07 WATERING........ .6-45 2-09 STRUCTURE EXCAVATION . .. .6-45 2-11 TRIMMING AND CLEANUP .... .6-46 3-01 PRODUCTION FROM QUARRY AND PIT SITES. .6-46 3-02 STOCKPILING AGGREGATES ....6-46 4-04 BALLAST AND CRUSHED SURFACING ... . . ... 6-46 5-03 COLD MIX ASPHALT 6-47 7-08 GENERAL PIPE INSTALLATION REQUIREMENTS... . .. . ....... .6-47 7-21 INDUSTRIAL WASTE FORCE MAINS (NEW SECTION). ... ........ ... 6-49 7-22 CASING PIPES (NEW SECTION) ............. ..... .............. ... . 6-50 8-01 EROSION CONTROL AND WATER POLLUTION CONTROL. .6-51 8-19 PROJECT COMPLETION DOCUMENTATION (NEW SECTION) .. 6-51 G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-2 SPECIAL PROVISIONS FOR CITY OF YAKIMA INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING City of Yakima Project No WW2327 HLA Project No. 12076 The following Special Provisions are made a part of this contract and supersede any conflicting provisions of the 2012 Standard Specifications for Road, Bridge and Municipal Construction, and the foregoing Amendments to the Standard Specifications. INTRODUCTION TO THE SPECIAL PROVISIONS (July 31, 2007 APWA GSP) The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2012 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter "Standard Specifications"). The Standard Specifications, as modified or supplemented by the Amendments to the Standard Specifications and these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project -specific fill-ins, and project -specific Special Provisions Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply The project -specific Special Provisions are not labeled as such. The GSPs are labeled under the headers of each GSP, with the date of the GSP and its source, as follows: (May 18, 2007 APWA GSP) (August 7, 2006 WSDOT GSP) Also incorporated into the Contract Documents by reference are • Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any • Standard Plans for Road, Bridge and Municipal Construction, WSDOT/APWA, current edition Contractor shall obtain copies of these publications, at Contractor's own expense The following Special Provisions are made a part of this contract and supersede any conflicting provisions of the 2012 Standard Specifications for Road, Bridge and Municipal Construction, and the following Amendments to the Standard Specifications. DESCRIPTION OF WORK The project consists of the following work: Construction of industrial waste force main improvements including jacking/boring approximately 193 linear feet of new 24" steel casing, open -cutting approximately 107 linear feet of new 24" steel casing, sliplining approximately 300 linear feet of new 4" and 6" PVC pipe within new 24" steel casing, and open -cutting approximately 80 linear feet of new 4" and 6" PVC pipe Work includes installation of cathodic protection and casing vents, connection to existing force mains, surface restoration including cold mix asphalt and gravel surfacing; and other related improvements. G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The quantities of work indicated in the proposal are to be considered as estimates and are for comparative bidding purposes only. All payments will be made on the basis of actual field measurement of Contract work completed. All work shall be done in accordance with the Plans, the Standard Specifications for Road, Bridge, and Municipal Construction prepared by the Washington State Department of Transportation dated 2012, referenced codes and organizations, and these Special Provisions 1-01 DEFINITIONS AND TERMS 1-01.3 Definitions Section 1-01 3 is supplemented as follows. The terms defined in Section 1-01 3 of the Standard Specifications shall be further described by the following: Contracting Agency City of Yakima 129 North Second Street Yakima, WA 98901 The terms "Contracting Agency," "Agency," and "Owner" are interchangeable Engineer: Huibregtse, Louman Associates, Inc , (HLA) 801 North 39th Avenue Yakima, WA 98901 Working Drawings Working drawings are further defined as electrical diagrams, catalog cut sheets, manufacturer's infor- mational sheets describing salient features, performance curves, or samples of fabricated and manufactured items (including mechanical and electrical equipment) required for the construction project. All references in the Standard Specifications to the terms "State," "Department of Transportation," "Washington State Transportation Commission," "Commission," "Secretary of Transportation," "Secretary," "Headquarters," and "State Treasurer" shall be revised to read "Contracting Agency." All references to "State Materials Laboratory" shall be revised to read "Contracting Agency designated location." The venue of all causes of action arising from the advertisement, award, execution, and performance of the contract shall be in the Superior Court of the County where the Contracting Agency's headquarters are located. Additive A supplemental unit of work or group of bid items, identified separately in the proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid. Alternate One of two or more units of work or groups of bid items, identified separately in the proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. Contract Documents See definition for "Contract." G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 6-4 Contract Time The period of time established by the terms and conditions of the contract within which the work must be physically completed Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following. Dates Bid Opening Date The date on which the Contracting Agency publicly opens and reads the Bids. Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive bidder for the work. Contract Execution Date The date the Contracting Agency officially binds the Agency to the Contract. Notice to Proceed Date The date stated in the Notice to Proceed on which the Contract time begins Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, any remaining traffic disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains for the Physical Completion of the total Contract. Physical Completion Date The day all of the work is physically completed on the project. All documentation required by the contract and required by law does not necessarily need to be furnished by the Contractor by this date Completion Date The day all the work specified in the contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the contract and required by law must be furnished by the Contractor before establishment of this date Final Acceptance Date The date on which the Contracting Agency accepts the work as complete Supplement this section with the following: All references in the Standard Specifications, Amendments, or WSDOT General Special Provisions, to the terms "State," "Department of Transportation," "Washington State Transportation Commission," "Commission," "Secretary of Transportation," "Secretary," "Headquarters," and "State Treasurer" shall be revised to read "Contracting Agency " All references to "State Materials Laboratory" shall be revised to read "Contracting Agency designated location " All references to "final contract voucher certification" shall be interpreted to mean the final payment form established by the Contracting Agency. The venue of all causes of action arising from the advertisement, award, execution, and performance of the contract shall be in the Superior Court of the County where the Contracting Agency's headquarters are located G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-5 Additive A supplemental unit of work or group of bid items, identified separately in the Bid Proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid Alternate One of two or more units of work or groups of bid items, identified separately in the Bid Proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. Business Day A business day is any day from Monday through Friday except holidays as listed in Section 1-08.5 Contract Documents See definition for "Contract." Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed Notice of Award The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency's acceptance of the Bid Proposal. Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins Traffic Both vehicular and non -vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. 1-02 BID PROCEDURES AND CONDITIONS Delete this section and replace it with the following* 1-02.1 Qualifications of Bidder (January 24, 2011 APWA GSP) Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39 04 350(1) to be considered a responsible bidder and qualified to be awarded a public works project. Add the following new section. 1-02.1(1) Supplemental Qualifications Criteria (March 25, 2009 APWA GSP; may not be used on FHWA-funded projects) In addition, the Contracting Agency has established Contracting Agency -specific and/or project - specific supplemental criteria, in accordance with RCW 39 04 350(2), for determining Bidder responsibility, including the basis for evaluation and the deadline for appealing a determination that a Bidder is not responsible These criteria are contained in Section 3 of these Contract Documents 1-02.2 Plans and Specifications (June 27, 2011 APWA GSP) Delete this section and replace it with the following. Information as to where Bid Documents can be obtained or reviewed will be found in the Call for Bids (Advertisement for Bids) for the work. G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-6 After award of the contract, plans and specifications will be issued to the Contractor at no cost as detailed below To Prime Contractor No. of Sets Basis of Distribution Reduced plans (11" x 17") and Contract Provisions 6 Furnished automatically upon award Large plans (e g , 22" x 34") 2 Furnished only upon request. Additional plans and Contract Provisions may be obtained by the Contractor from the source stated in the Call for Bids, at the Contractor's own expense. 1-02.4 Examination of Plans, Specifications, and Site of Work 1-02.4(1) General Add the following paragraph No pre-bid approval on any proposed substitute equipment shall be granted prior to the bid opening unless specified otherwise in these Specifications. 1-02.5 Proposal Forms (June 27, 2011 APWA GSP) Delete this section and replace it with the following The Proposal Form will identify the project and its location and describe the work. It will also list estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices, extensions; summations, the total bid amount; signatures, date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder's name, address, telephone number, and signature; the bidder's D/M/WBE commitment, if applicable; a State of Washington Contractor's Registration Number; and a Business License Number, if applicable Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the Proposal Form. The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the Proposal Form unless otherwise specified. 1-02.6 Preparation of Proposal (June 27, 2011 APWA GSP) Supplement the second paragraph with the following 4. If a minimum bid amount has been established for any item, the unit or lump sum price must equal or exceed the minimum amount stated. 5 Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid. Delete the last paragraph, and replace it with the following: The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign). G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 A bid by a partnership shall be executed in the partnership name, and signed by a partner A copy of the partnership agreement shall be submitted with the Bid Form if any D/M/WBE requirements are to be satisfied through such an agreement. A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form if any D/W/MBE requirements are to be satisfied through such an agreement. Any bid item which has a unit price but no extension column amount shall have the extension amount determined by multiplying the unit price times the unit quantity. Any bid item which does not have a unit price but does have an extension column amount shall have the unit price determined by dividing the extension amount by the unit quantity. Should both the unit price and the extension column amount be left blank, then the entire bid shall be considered non-responsive. 1-02.7 Bid Deposit (October 1, 2005 APWA GSP) Supplement this section with the following. Bid bonds shall contain the following: 1. Contracting Agency -assigned number for the project; 2. Name of the project; 3. The Contracting Agency named as obligee; 4 The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded; 5. Signature of the bidder's officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany the said signature; 6 The signature of the surety's officer empowered to sign the bond and the power of attorney. If so stated in the Contract Provisions, bidder must use the bond form included. 1-02.9 Delivery of Proposal (January 24, 2011 APWA GSP) Delete this section and replace it with the following. Each proposal shall be submitted in a sealed envelope, with the Project Name and Project Number as stated in the Advertisement for Bids clearly marked on the outside of the envelope, or as otherwise required in the Bid Documents, to ensure proper handling and delivery. The Contracting Agency will not consider Proposals it receives after the time fixed for opening Bids in the call for Bids. 1-02.13 Irregular Proposals (March 13, 2012 APWA GSP) Revise item 1 to read. 1 A proposal will be considered irregular and will be rejected if. a The Bidder is not prequalified when so required; b. The authorized proposal form furnished by the Contracting Agency is not used or is altered; c. The completed proposal form contains any unauthorized additions, deletions, alternate Bids, or conditions, d. The Bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract; e. A price per unit cannot be determined from the Bid Proposal, f The Proposal form is not properly executed; G \PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-8 g The Bidder fails to submit or properly complete a Subcontractor list, if applicable, as required in Section 1-02.6; h. The Bidder fails to submit or properly complete a Disadvantaged Business Enterprise Certification, if applicable, as required in Section 1-02.6; i. The Bidder fails to submit written confirmation from each DBE firm listed on the Bidder's completed DBE Utilization Certification that they are in agreement with the bidders DBE participation commitment, if applicable, as required in Section 1-02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions, j The Bidder fails to submit DBE Good Faith Effort documentation, if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to demonstrate that a Good Faith Effort to meet the Condition of Award was made; k. The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or I More than one proposal is submitted for the same project from a Bidder under the same or different names. 1-02.14 Disqualification of Bidders (March 25, 2009 APWA GSP, Option B) Delete this section and replace it with the following. A Bidder will be deemed not responsible if: 1. The Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04 350(1), as amended, or 2 Evidence of collusion exists with any other Bidder or potential Bidder Participants in collusion will be restricted from submitting further bids, or 3. The Bidder, in the opinion of the Contracting Agency, is not qualified for the work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the Bidder; or 4 An unsatisfactory performance record exists based on past or current Contracting Agency work or for work done for others, as judged from the standpoint of conduct of the work; workmanship, or progress; affirmative action, equal employment opportunity practices, termination for cause, or Disadvantaged Business Enterprise, Minority Business Enterprise, or Women's Business Enterprise utilization; or 5 There is uncompleted work (Contracting Agency or otherwise), which in the opinion of the Contracting Agency might hinder or prevent the prompt completion of the work bid upon; or 6. The Bidder failed to settle bills for labor or materials on past or current contracts, unless there are extenuating circumstances acceptable to the Contracting Agency; or 7. The Bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract, unless there are extenuating circumstances acceptable to the Contracting Agency; or 8 The Bidder is unable, financially or otherwise, to perform the work, in the opinion of the Contracting Agency; or 9 There are any other reasons deemed proper by the Contracting Agency As evidence that the Bidder meets the bidder responsibility criteria above, the apparent two lowest Bidders must submit to the Contracting Agency within 24 hours of the bid submittal deadline, documentation (sufficient in the sole judgment of the Contracting Agency) demonstrating compliance with all applicable responsibility criteria, including all documentation specifically listed in the supplemental criteria. The Contracting Agency reserves the right to request such documentation from other Bidders as well, and to request further documentation as needed to assess bidder responsibility The basis for evaluation of Bidder compliance with these supplemental criteria shall be any documents or facts obtained by Contracting Agency (whether from the Bidder or third parties) which any reasonable owner would rely on for determining such compliance, including but not limited to. (i) financial, historical, or operational data from the Bidder; (ii) information obtained directly by the Contracting Agency from owners for whom the Bidder has worked, or other public agencies or private G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 6-9 1 1 1 1 1 1 1 1 1 1 1 1 1 1 enterprises, and (iii) any additional information obtained by the Contracting Agency which is believed to be relevant to the matter If the Contracting Agency determines the Bidder does not meet the bidder responsibility criteria above and is therefore not a responsible Bidder, the Contracting Agency shall notify the Bidder in writing, with the reasons for its determination If the Bidder disagrees with this determination, it may appeal the determination within 24 hours of receipt of the Contracting Agency's determination by presenting its appeal to the Contracting Agency. The Contracting Agency will consider the appeal before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Contracting Agency will not execute a contract with any other Bidder until at least two business days after the Bidder determined to be not responsible has received the final determination. 1-02.15 Pre -Award Information (October 1, 2005 APWA GSP) Revise this section to read. Before awarding any contract, the Contracting Agency may require one or more of these items or actions of the apparent lowest responsible bidder: 1 A complete statement of the origin, composition, and manufacture of any or all materials to be used, 2. Samples of these materials for quality and fitness tests, 3 A progress schedule (in a form the Contracting Agency requires) showing the order of and time required for the various phases of the work, 4 A breakdown of costs assigned to any bid item, 5 Attendance at a conference with the Engineer or representatives of the Engineer, 6 Obtain, and furnish a copy of, a business license to do business in the city or county where the work is located. 7 A copy of State of Washington Contractor's Registration, or 8 Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder 1-03 AWARD AND EXECUTION OF CONTRACT 1-03.1 Consideration of Bids (January 23, 2006 APWA GSP) Revise the first paragraph to read: After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control If a minimum bid amount has been established for any item and the bidder's unit or lump sum price is less than the minimum specified amount, the Contracting Agency will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond 1-03.2 Award of Contract The Contract will be awarded on the basis of the total of all bid items and schedules accepted by the Contracting Agency The Contractor shall submit bids for all bid items and schedules to be considered as a responsive bidder The apparent low bidder will be determined based on the combined total of all bid items and schedules accepted by the Contracting Agency. G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-10 1-03.3 Execution of Contract (October 1, 2005 APWA GSP) Revise this section to read Copies of the Contract Provisions, including the unsigned Form of Contract, will be available for signature by the successful bidder on the first business day following award. The number of copies to be executed by the Contractor will be determined by the Contracting Agency. Within (10) calendar days after the award date, the successful bidder shall return the signed Contracting Agency -prepared contract, an insurance certification as required by Section 1-07.18, and a satisfactory bond as required by law and Section 1-03 4 Before execution of the contract by the Contracting Agency, the successful bidder shall provide any pre -award information the Contracting Agency may require under Section 1-02 15 Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency -furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency If the bidder experiences circumstances beyond their control that prevents return of the contract documents within the calendar days after the award date stated above, the Contracting Agency may grant up to a maximum of (30) additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. 1-03.4 Contract Bond (October 1, 2005 APWA GSP) Revise the first paragraph to read The successful bidder shall provide an executed contract bond for the full contract amount. This contract bond shall: 1. Be on a Contracting Agency -furnished form, 2. Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner, 3 Be conditioned upon the faithful performance of the contract by the Contractor within the prescribed time; 4 Guarantee that the surety shall indemnify, defend, and protect the Contracting Agency against any claim of direct or indirect loss resulting from the failure. a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform the contract, or b. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, materialperson, or any other person who provides supplies or provisions for carrying out the work; 5. Be accompanied by a power of attorney for the Surety's officer empowered to sign the bond, and 6 Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond must be signed by the president or vice-president, unless accompanied by written proof of the authority of the individual signing the bond to bind the corporation (i.e., corporate resolution, power of attorney or a letter to such effect by the president or vice-president). G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-11 1-03.7 Judicial Review Delete the last sentence in its entirety and replace it with the following Such review, if any, shall be timely filled in the superior court of Yakima County, Washington 1-04 SCOPE OF THE WORK 1-04.1(2) Bid Items Not Included in the Proposal Delete the first paragraph in its entirety and replace it with the following. If work is required to complete the project according to the intent of the Plans and Specifications but no bid item is provided in the Bid Schedule, then the Contractor shall include the cost for providing the necessary work in the unit or lump sum price for the bid item most closely related to the work. 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda (March 13, 2012 APWA GSP) Revise the second paragraph to read. Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e g , 1 presiding over 2, 2 over 3, 3 over 4, and so forth). 1 Addenda, 2 Proposal Form, 3. Special Provisions, 4 Contract Plans, 5 Amendments to the Standard Specifications, 6. Standard Specifications, 7 Contracting Agency's Standard Plans or Details (if any), and 8 WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 1-04.4 Changes This section is supplemented with the following - No changes in the work covered by the approved Contract Documents shall be made without having prior written or oral (as deemed appropriate due to urgency of change) approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the following methods a. Unit bid prices previously approved b An agreed lump sum c. The actual costs of: (1) Labor, including foremen; (2) Materials entering permanently into the work; (3) The ownership or rental costs of construction plant and equipment during the time of use on the extra work; (4) Power and consumable supplies for the operation of power equipment; (5) Insurance; (6) Social Security and old age and unemployment contributions. Should authorized changes be made based upon the actual cost of material and labor, the costs thereof and costs allowed for overhead profit, bonds, insurance, etc., shall be determined via Section 1-09.6 Force Account of the Standard Specifications G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-12 Delete the last two paragraphs in their entirety and replace with the following After bid award, the Contractor may submit proposals for changing the Plans, Specifications, or other requirements of the Contract. These proposals must reduce the cost or time required for construction of the project. If determined appropriate by the Contracting Agency, a change order will be executed implementing the proposed change/changes. 1-04.6 Variation in Estimated Quantities This section is supplemented with the following. The quantities of the following Bid Proposal Items are estimates for bidding purposes only. There will be no adjustments in price due to increases or decreases in quantities regardless of the magnitude The 25 percent provisions of this section shall not apply to the Bid items listed below Payment will be made at the unit contract price for actual quantities of work completed All Bid Items 1-04.11 Final Cleanup This section is supplemented with the following Partial cleanup shall be done by the Contractor when he feels it is necessary or when, in the opinion of the Contracting Agency, partial cleanup should be done prior to either final cleanup or final inspection The cleanup work shall be done immediately upon written notification of the Engineer and other work shall not proceed until this partial cleanup is accomplished Should the Contractor not conduct the cleanup as directed and in a timely manner, the Owner shall take action to have such cleanup work completed by others and will deduct such costs from any payment due the Contractor. 1-05 CONTROL OF WORK This section is supplemented with the following: The Contractor's attention is specifically directed to the following provisions of this section 1-05. • Section 1-05 4, Conformity With and Deviations From Plans and Stakes. Paragraphs 3 Through 7. • Section 1-05.6, Inspection of Work and Materials - Paragraphs 1, 3, 4, And 5. • Section 1-05 13, Superintendents, Labor, and Equipment of Contractor Paragraphs 2 And 3. Although specific attention is directed to the above sections, it shall not relieve the Contractor from the requirements of the remaining provisions of this section 1-05.1 Authority of the Engineer This section is supplemented with the following: Unless otherwise expressly provided in the Contract Drawings, Specifications, and Addenda, the means and methods of construction shall be such as the Contractor may choose, subject, however, to the Engineer's right to reject means and methods proposed by the Contractor which (1) will consti- tute or create a hazard to the work, or to persons or property; or (2) will not produce finished work in accordance with the terms of the Contract. The Engineer's approval of the Contractor's means and methods of construction or his failure to exercise his right to reject such means or methods shall not relieve the Contractor of the obligation to accomplish the result intended by the Contract; nor shall the exercise of such right to reject create a cause for action for damages G \PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-13 At the contractor's risk, the Project Engineer may suspend all or part of the Work according to Section 1-08 6. 1-05.3 Plans and Working Drawings Replace the second, third, and fourth paragraphs of Section 1-05.3 of the Standard Specifications with the following The Contractor shall submit to the Engineer for review and approval, six copies of all Shop Drawings required in the project documents. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction, and like information to enable the Engineer to review the submittal. At the time of submittal, the Contractor shall, in writing, call attention to any deviations that the item or material submitted may have from the requirements of the Contract Specifications. When the Contractor does call such deviations to the attention of the Engineer, the Contractor shall state in his letter whether or not such deviations involve any deduction or extra cost adjustment. Unless otherwise approved by the Engineer, Shop Drawings and samples shall be submitted only by the Prime Contractor, who shall indicate by a signed stamp on the Shop Drawing, or other means, that he (the Prime Contractor) has checked the Shop Drawing The Contractor's stamp of approval on the Shop Drawings shall constitute a representation to the Owner and Engineer that the Contractor has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, or similar data and assumes full responsibility for doing so, and that he has reviewed or coordinated each Shop Drawing or sample with the requirements of the Contract Documents. Shop Drawings shall be submitted in sufficient time to allow the Engineer not less than 15 working days for review The practice of submitting incomplete or unchecked Shop Drawings for the Engineer to correct or finish will not be acceptable, and Shop Drawings which, in the opinion of the Engineer, clearly indicate that they have not been checked by the Contractor will be considered as not complying with the intent of the Contract Documents and will be returned to the Contractor for resubmission in proper form The Engineer will review with reasonable promptness Shop Drawings and samples, but the Engineer's review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to the means, methods, sequences, techniques or procedures of construction, or to safety precautions or programs incidental thereto The review by the Engineer of a separate item as such will not indicate review of the assembly in which the item functions When the Shop Drawings have been reviewed by the Engineer, two sets of submittals will be returned to the Contractor appropriately stamped. If major changes or corrections are necessary, the Shop Drawings may be rejected and one set will be returned to the Contractor with such changes or corrections indicated The Contractor shall make any corrections required by the Engineer and shall resubmit the required number of corrected Shop Drawings or samples for review No changes shall be made by the Contractor to resubmitted Shop Drawings other than those changes indicated by the Engineer, unless such changes are clearly described in a letter accompanying the resubmitted Shop Drawings Where a Shop Drawing or sample is required by the Specifications, no related work shall be commenced until the submittal has been reviewed and approved by the Engineer G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-14 1-05.3(2) Project Record Drawings (New Section) The following new section shall be added to the Special Provisions* The Contractor shall maintain a neatly marked, full-size set of record drawings showing the final location and layout of all new construction. Drawings shall be kept current weekly, with all field instruction, change orders, and construction adjustment. Drawings shall be subject to the inspection of the Engineer at all times Prior to acceptance of the work, the Contractor shall deliver to the Engineer one set of neatly marked record drawings showing the information required above Requests for partial payment will not be approved if the marked -up prints are not kept current, and request for final payment will not be approved until the marked -up prints are delivered to the Engineer. 1-05.4 Conformity With and Deviations From Plans and Stakes 1-05.4(1) Roadway and Utility Surveys (New Section) The following new section shall be added to the Standard Specifications. The Engineer shall furnish to the Contractor one time only all principal lines, grades, and measurements the Engineer deems necessary for completion of the work. These shall generally consist of one initial set of offset points to establish line and grade for underground utilities such as industrial waste force mains. The Engineer will establish the line and grade of proposed construction by offset stakes, the centerline for minor structures, and establish bench marks at convenient locations for use by the Contractor The Contractor shall establish grades from the Engineer's stakes at suitable intervals in accordance with good practice and which meet with the approval of the Engineer. Where any information on the Plans is insufficient for establishing line and/or grade, the Contractor shall request additional information from the Engineer Where new construction adjoins existing construction, the Contractor shall make such adjustments in grade as are directed by the Engineer The Engineer will perform all surveying necessary to check compliance with the Specifications and as required for measuring the quantities of work as specified The Contractor shall furnish assistance to the Engineer in checking depth and measuring quantities for payment purposes. Offset stakes will be provided by the Engineer one time only for underground utilities at fifty (50) foot intervals and industrial waste vents. The Engineer will provide slope staking one time only in areas of significant sloping, establish the centerline for minor structures, and establish bench marks at convenient locations for use by the Contractor The Contractor shall establish grades from the Engineer's stakes at suitable intervals in accordance with good practice and which meet with the approval of the Engineer. Where any information on the Plans is insufficient for establishing line and/or grade, the Contractor shall request additional information from the Engineer. Where new construction adjoins existing construction, the Contractor shall make such adjustments in grade as are directed by the Engineer The Engineer will perform all surveying necessary to check compliance with the Specifications and as required for measuring the quantities of work as specified Any claim by the Contractor for extra compensation by reason of alterations or reconstruction work allegedly due to error in the Engineer's line and grade, will not be allowed unless the original control points set by the Engineer still exist, or unless other satisfactory substantiating evidence to prove the error is furnished the Engineer. Three consecutive points set on line or grade shall be the minimum points used to determine any variation from a straight line or grade. Any such variation shall, upon discovery, be reported to the Engineer. In the absence of such report, the Contractor shall be liable for any error in alignment or grade. G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 6-15 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1-05.4(2) Construction Staking Requests (New Section) The following new section shall be added to the Standard Specifications. All staking requests shall be made on the "Construction Staking Request Form" found on the following page. The form shall be faxed to the Engineer's office at least three (3) working days prior to the date requested for staking. The Contractor shall provide a brief description of the staking needed, the approximate location (station to station), and when the staking will be required The request shall be reviewed with the Engineer and both parties shall sign the form. When the staking is completed, the survey party chief will initial and date the form Requests for re -stakes shall be marked boldly in the description and initialed by both the Contractor and the Engineer. G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-16 CONSTRUCTION STAKING REQUEST FORM FAX TO. ERIC HERZOG, P.L.S at (509) 965-3800 or e-mail to eherzog@hlacivil com Project Name. CITY OF YAKIMA Project No 12076 Contractor: INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING Date of Request: Time of Request The Contractor shall provide at least three (3) working days notice as required by the Contract Special Provisions. WHEN REQUIRED ITEM DESCRIPTION STATION TO STATION DATE TIME 1. 3 SIGNATURES STAKING COMPLETED Item By Date/Time 1. Contractor 2 3. Huibregtse, Louman Associates, Inc., (HLA) 4 G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-17 1-05.5 Survey Monuments (New Section) The following new section shall be added to the Standard Specifications: The Contracting Agency will, at its own cost, reference all known existing monuments or markers relating to subdivisions, plats, roads, street centerline intersections, etc. The Contractor shall take special care to protect these monuments or markers and also the reference points. In the event the Contractor is negligent in preserving such monuments and markers, the points will be reset by a licensed surveyor at the Contractor's expense. 1-05.6(1) Testing (New Section) The following new section shall be added to the Standard Specifications The Contractor shall be responsible for placing all materials as required by the Standard Specifications and these Contract Documents. All materials testing shall be performed by the Owner to assure compliance with the Specifications. The Contractor shall provide access and equipment (backhoe, etc.) for testing as required Roadway Embankment Roadway embankment compaction shall be as specified in Section 2-03 3(14) Roadway Subgrade Subgrade compaction shall be as specified for Roadway Embankment. Trench Backfill All trenches shall be backfilled and compacted to at least 95 percent of maximum density as determined by ASTM D 698 (Standard Proctor). Ballast and Crushed Surfacing Compaction of ballast and crushed surfacing shall be as specified in Section 2-03 3(14) Asphalt Paving Compaction of Cold Mix Asphalt pavement shall be as specified in Section 5-04 3(10)A. 1-05.7 Removal of Defective and Unauthorized Work (October 1, 2005 APWA GSP) Supplement this section with the following. If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the Contract Documents, the Engineer may correct and remedy such work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work corrected immediately, have the rejected work removed and replaced, or have work the Contractor refuses to perform completed by using Contracting Agency or other forces An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-18 Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized work. No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency's rights provided by this section The rights exercised under the provisions of this section shall not diminish the Contracting Agency's right to pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the work as required 1-05.10(1) General Guaranty and Warranty (New Section) The following new section shall be added to the Standard Specifications: If, within one year after the date of Final Acceptance of the Work by the Contracting Agency, defective and unauthorized work is discovered, the Contractor shall promptly, upon written request by the Contracting Agency, return and in accordance with the Engineer's instructions, either correct such work or, if such work has been rejected by the Engineer, remove it from the Project Site and replace it with non -defective and authorized work, all without cost to the Contracting Agency. If the Contractor does not promptly comply with the written request to correct defective and unauthorized work, or if an emergency exists, the Contracting Agency reserves the right to have defective and unauthorized work corrected or rejected, removed, and replaced pursuant to the provisions of Section 1-05.7 of these Specifications. The Contractor agrees the above one-year limitation shall not exclude nor diminish the Contracting Agency's rights under any law to obtain damages and recover costs resulting from defective and unauthorized work discovered after one year. 1-05.11 Final Inspection Delete this section and replace it with the following: 1-05.11 Final Inspections and Operational Testing (October 1, 2005 APWA GSP) 1-05.11(1) Substantial Completion Date When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date The Contractor's request shall list the specific items of work that remain to be completed in order to reach physical completion The Engineer will schedule an inspection of the work with the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the work substantially complete and ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons therefor Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection. G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-19 1-05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice, shall request the Engineer to schedule a final inspection The Engineer will set a date for final inspection The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1-05 7. The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Engineer's right hereunder Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled 1-05.11(3) Operational Testing It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system Therefore when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems, irrigation systems; buildings, or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the physical completion date Whenever items of work are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. Operational and test periods, when required by the Engineer, shall not affect a manufacturer's guaranties or warranties furnished under the terms of the contract 1-05.13 Superintendents, Labor and Equipment of Contractor (March 25, 2009 APWA GSP) Revise the seventh paragraph to read. Whenever the Contracting Agency evaluates the Contractor's qualifications pursuant to Section 1- 02.14, it will take these performance reports into account. G\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-20 1-05.15 Method of Serving Notices (March 25, 2009 APWA GSP) Revise the second paragraph to read All correspondence from the Contractor shall be directed to the Project Engineer All correspondence from the Contractor constituting any notification, notice of protest, notice of dispute, or other correspondence constituting notification required to be furnished under the Contract, must be in paper format, hand delivered or sent via mail delivery service to the Project Engineer's office. Electronic copies such as e-mails or electronically delivered copies of correspondence will not constitute such notice and will not comply with the requirements of the Contract. Add the following new section: 1-05.16 Water and Power (October 1, 2005 APWA GSP) The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the contract includes power and water as a pay item. Add the following new section: 1-05.17 Oral Agreements (October 1, 2005 AWPA GSP) No oral agreement or conversation with any officer, agent, or employee of the Contracting Agency, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the contract. Such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the Contracting Agency, unless subsequently put in writing and signed by the Contracting Agency. 1-06 CONTROL OF MATERIAL 1-06.1(4) Fabrication Inspection Expense (June 27, 2011 AWPA GSP) Delete this section in its entirety 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 1-07.1 Laws to be Observed (October 1, 2005 APWA GSP) Supplement this section with the following. In cases of conflict between different safety regulations, the more stringent regulation shall apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA) The Contractor shall maintain at the project site office, or other well known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor's care, persons, including employees, who may have been injured on the project site Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor's care G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-21 The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor's plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not, and shall not, be intended to include review and adequacy of the Contractor's safety measures in, on, or near the project site. 1-07.2 State Taxes Delete this section, including its sub -sections, in its entirety and replace it with the following: 1-07.2 State Sales Tax (June 27, 2011 APWA GSP) The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability. The Contractor shall include all Contractor -paid taxes in the unit bid prices or other contract amounts. In some cases, however, state retail sales tax will not be included Section 1-07 2(2) describes this exception The Contracting Agency will pay the retained percentage (or release the Contract Bond if a FHWA- funded Project) only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all contract -related taxes have been paid (RCW 60 28 051). The Contracting Agency may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue, whether the amount owed relates to this contract or not. Any amount so deducted will be paid into the proper State fund. 1-07.2(1) State Sales Tax - Rule 171 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system For work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various unit bid item prices, or other contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work. 1-07.2(2) State Sales Tax - Rule 170 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington, water mains and their appurtenances, sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system, telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system, and installing or attaching of any article of tangible personal property in or to real property, whether or not such personal property becomes a part of the realty by virtue of installation. For work performed in such cases,. the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price The Contracting Agency will automatically add this sales tax to each payment to the Contractor For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-22 Exception The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount. 1-07.2(3) Services The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244) 1-07.6 Permits and Licenses This section is supplemented with the following - 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. 1-07.13(3) Relief of Responsibility for Damage by Public Traffic Delete this section in its entirety and replace with the following: When it is necessary for public traffic to utilize the street and associated facilities during construction, the Contractor shall be responsible for damages to permanent work. The Contractor shall provide all necessary protection and temporary facilities to accommodate both vehicular and pedestrian traffic during construction. 1-07.17 Utilities and Similar Facilities This section is supplemented with the following Public and private utilities, or their contractors, will furnish all work necessary to adjust, relocate, replace, or construct their facilities unless otherwise provided for in the Plans or these Special Provisions Such adjustment, relocation, replacement, or construction will be done during the prosecution of the work for this project. The following addresses and telephone number of utility companies known or suspected of having facilities within the project limits are supplied for the Contractor's convenience: City of Yakima Wastewater Collections City of Yakima Water Division CenturyLink Pacific Power Cascade Natural Gas Charter Communications 204 West Pine Street, Yakima, WA 98902 203 Fruitvale Boulevard, Yakima, WA 98902 8 South 2nd Ave , Rm. 304, Yakima, WA 98902 500 North Keys Rd., Yakima, WA 98901 701 South First Ave., Yakima, WA 98902 1005 North 16th Ave., Yakima, WA 98902 (509) 576-6302 (509) 575-6196 (509) 575-7185 (509) 575-3158 (509) 457-8176 (509) 962-4801 Locations and dimensions shown on the Plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or other verification. 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 The Contractor shall call the Utility Notification Center (One Call Center) for field location, not less than two or more than ten business days before the scheduled date for commencement of excavation which may affect underground utility facilities, unless otherwise agreed upon by the parties involved. A business day is defined as any day other than Saturday, Sunday, or a legal local, state, or federal holiday. The telephone number for the One Call Center for this project is 1-800-424-5555. If no one - number locator service is available, notice shall be provided individually by the Contractor to those owners known to or suspected of having underground facilities within the area of proposed excavation. G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 6-23 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 Delete this section in its entirety, and replace it with the following. Within ten (10) days following contract award or prior to start of construction, whichever comes first, the Contractor shall furnish the Owner a Certificate of Insurance and the additional insured endorsements as evidence of compliance with these requirements This certificate shall name the CITY OF YAKIMA, its employees, agents, elected and appointed officials, Huibregtse, Louman Associates, Inc , (HLA), as "additional insureds" and shall stipulate that the policies named thereon cannot be canceled unless at least forty-five (45) days written notice has been given to the Owner The certificate shall not contain the following or similar wording regarding cancellation notification "Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives." The Contractor shall obtain and keep in force the following policies of insurance. The policies shall be with companies or through sources approved by the State Insurance Commissioner pursuant to Chapter 48 05, RCW Unless otherwise indicated below, the policies shall be kept in force from the execution date of the contract until the date of acceptance by the Owner 1 Owners and Contractors Protective Insurance providing bodily injury and property damage liability coverage with limits of $3,000,000 per occurrence and in the aggregate for each policy period, written on Insurance Services Office (ISO) form CG0009 together with Washington State Department of Transportation Amendatory Endorsement No. CG 29 08, specifying the Contracting Agency as a named insured. The Contractor may choose to terminate this insurance after the date of Substantial Completion as determined by the Engineer or, should Substantial Completion not be achieved, after the date of Physical Completion as determined by the Engineer In the event the Contractor elects to terminate this coverage, prior to acceptance of the contract, the Contractor shall first obtain an endorsement to the Commercial General Liability Insurance described below that establishes the Contracting Agency on that policy as an additional insured. 2. Commercial General Liability Insurance written under ISO Form CG0001 or its equivalent with minimum limits of $3,000,000 per occurrence and in the aggregate for each policy period. This protection may be a CGL policy or any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 Products and completed operations coverage shall be provided for a period of one year following final acceptance of the work. 3. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work with a combined single limit of not less than $1,000,000 each occurrence with the Owner named as an additional insured in connection with the Contractor's Performance of the contract. G \PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-24 The Commercial General Liability policy and the Commercial Automobile Liability Insurance policy may, at the discretion of the Contractor, contain such provisions for a deductible . If a deductible applies to any claim under these policies, then payment of that deductible will be the responsibility of the Contractor, notwithstanding any claim of liability against the Contracting Agency However in no event shall any provision for a deductible provide for a deductible in excess of $50,000.00. Prior to contract execution, the Contractor shall file with the Engineer ACORD Form Certificates of Insurance evidencing the minimum insurance coverages required under these specifications. All insurance policies and Certificates of Insurance shall include a requirement providing for a minimum of 45 days prior written notice to the Contracting Agency of any cancellation or reduction of coverage All insurance coverage required by this section shall be written and provided by "occurrence -based" policy forms rather than by "claims made" forms. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract upon which the Contracting Agency may, after giving five working days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency All costs for insurance, including any payments of deductible amounts, shall be considered incidental to and included in the unit contract prices and no additional payment will be made. The Contractor is responsible for all his subcontractors' actions and omissions. 1-07.18(1) Burlington Northern Santa Fe Railway Agreement The Contractor shall comply with the BNSF Agreement found in Appendix A of these Contract Specifications. 1-07.18(2) Railroad Insurance Requirements (New Section) The following new section shall be added to the Standard Specifications. Within ten (10) days following contract award or prior to start of construction, whichever comes first, the Contractor shall furnish the Owner a Certificate of Insurance and the additional insured endorsements as evidence of compliance with these requirements. Railroad Protective Liability Insurance naming only the Licensor as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The coverage obtained under this project shall only be effective during the construction of the pipeline The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to include Evacuation Expense Coverage Endorsement. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Licensor prior to performing any work or services under this Agreement. In lieu of providing a Railroad Protective Liability Policy, Contractor may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy A copy of the application for Blanket Railroad Protective Liability Insurance is included on the following page. FOR CONTRACTORS OBTAINING RAILROAD PROTECTIVE LIABILITY INSURANCE A certificate of insurance is required evidencing $5M per occurrence/$10M aggregate general liability coverage including contractual liability with the "work within 50 feet of a railroad" exclusion deleted The certificate should also evidence the addition of The Burlington Northern and Santa Fe Railway Company, P O Box 140528, Kansas City, MO 64114, and Iron Horse Real Estate & G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-25 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Property Management, 111 University Parkway, Suite 200, Yakima, WA 98901 as additional insureds Other Requirements: • All policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. • The certificate of insurance must reflect waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody or control. • Insurance policies through policy endorsement must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by Licensor The certificate of insurance must reflect that the above wording is included in evidenced policies • All policies required above (excluding Workers Compensation, Contractor's Pollution Legal Liability and if applicable, Railroad Protective) shall include a severability of interest endorsement and shall name Licensor and Iron Horse Development, LLC as an additional insured with respect to work performed under this agreement. Severability of interest and naming Licensor and Iron Horse Development, LLC as additional insureds shall be indicated on the certificate of insurance • Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided For purposes of this section, Licensor shall mean "Burlington Northern Santa Fe Corporation," "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each G \PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-26 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 IIn order to bind coverage, we will need a check sent for the quoted premium made payable to Marsh USA, Inc., referencing account #454883 to the below Lock Box, along with a copy of this completed form. BNSF Railway Company Blanket Railroad Protective Program — Leases/Permits Application for Insurance BNSF REQUIRES RAILROAD PROTECTIVE LIABILITY INSURANCE IN THE NAME OF BNSF RAILWAY COMPANY FOR LIMITS OF $2MM PER OCCURRENCE/$6,000,000 AGGREGATE or $5M/$10M (depending on Permit/Lease Specifications) PER ISO/RIMA POLICY FORM CG00351093 ENDORSED TO INCLUDE LIMITED SEEPAGE, POLLUTION AND EVACUATION COVERAGE. 1. Contractor Name: Are you the permittee: YES ❑ NO ❑ Address: Have you applied for a permit: YES ❑ NO ❑ Do you have a contract with BNSF: YES ❑ NO El If not, who is the contract with: Contractor Contact: (Name) (Phone) 2. Who is your BNSF /Iron Horse Kim Johnson Rath (509) 834-2533 (Phone) Contact Person: 3. Job Description: Job Location (LS/MP): LS 0048, MP 90.68 BNSF Contract File # and or Tracking #: 11-3028 and 11-3029 Please Specify Limits Needed: $2M/$6M: ❑ $5M/$10M: Transverse: YES ® NO El Longitudinal: • Open Cut: YES ❑ NO ❑ • Length (feet): • Underground # of Bores: • Overhead or Underground: • Overhead YES ❑ NO El Track Construction - # of Feet N/A 4. Start Up and Estimated Completion Dates: 5. Misc. Contract Cost Total: (refer to attach) Contract Cost Within 50 Ft. of Track: 6. Permittee's Insurance: YES ❑ NO El Refer to Permit/Real Estate Agreement for the Other Insurance Requirements 7. Quoted Premium: Quoted By: Date: Above quote will be placed with Lexington Insurance which is an A p XV Insurance Com an Marsh USA Inc. Dallas P 0 Box 973770 Dallas, TX 75397-3770 Overnight Address: Marsh USA Inc Lock Box Number 973770 TX1-0006 14800 Frye Road, Fort Worth, TX 76155 RRP Contact: Zeferina Mireles Phone 214-303-8529, email: Zeferina.Mirelesa,marsh.com Rosa M. Martinez, Phone: 214-303-8519, e-mail:Rosa.M.Martinez@marsh.com Fax No. 214 303 8021 I. Miscellaneous Permits and Contracts: • Abandoned Track/Tie Removal • Boom/auger - Installation and Repair • Bridge Surface Repair • Building Demolition (15,000 square feet maximum) • Fiber Optic/Communication lines installation • Installation of Pedestrian Cross Walks (ground level) and Repair • Installation of Private Grade Crossing and Repair • Leased Property - New Construction or Repair • Maintenance of Right-of-Way (includes roadbed/mainline grading) • Parking Lot Construction • Pedestrian/bike trails • Rehabilitation of track • Repair/Installation of culverts • Road Resurfacing • Rock Scaling (no blasting) • Sewer Maintenance • Snow Removal • Soil Test Borings • Spur and Sidetrack Construction (include maintenance and repair) • Station and Building Repair • Structural Bridge Repair • Vegetation Control - Cutting and Spraying • Environmental access (Phase 2) • Remediation work 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1-07.23 Public Convenience and Safety 1-07.23(1) Construction Under Traffic Add the following after the third sentence of the second paragraph: 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 Replace item 2. of the second paragraph with the following. 2. Keep existing traffic signal and lighting systems in operation as the work proceeds (The Contracting Agency will continue the route maintenance on such system.) Add the following to the third paragraph 5. The Contractor shall maintain vehicular and pedestrian access to businesses at all times that businesses are open Add the following to the sixth paragraph: 7. Open trenches and excavations shall be protected with proper barricades and at night they shall be distinctively indicated by adequately placed lights Add the following paragraph It shall be the responsibility of the Contractor to seek the approval of and notify the Resident Engineer and the Police and Fire Departments at least 24 hours prior to closing any street, in addition to correlating the proposed closures with the Contracting Agency to ensure proper detouring of traffic. When the street is re -opened, it shall again be the responsibility of the Contractor to notify the above named departments and persons 1-07.23(2) Construction and Maintenance of Detours Add the following to the third paragraph: The Contractor shall maintain vehicular and pedestrian access to businesses at all times that businesses are open, unless work is occurring immediately in front of the doorway. It shall be the responsibility of the Contractor to maintain pedestrian traffic and business access throughout the duration of the project. At a minimum, the Contractor shall 1. Minimize the disruption in front of the business access by removing sidewalk on either side of the access and leaving the existing sidewalk in place as long as possible and, likewise, shall sequence the installation of the new sidewalk to provide access to the business, 2. Provide gravel surfacing (crushed surfacing top course) access across the construction area to the door of the business; 3 Provide boardwalks and bridging where gravel surfacing cannot be provided or, by the nature of the business or where directed by the Engineer, wheeled access by strollers and wheelchairs is critical to the business and cannot be provided through the gravel surfacing, 4 Provide temporary sidewalk signs directing pedestrians through the construction, notifying pedestrians of alternative routes, and directing pedestrians to businesses where means of access is not obvious; and 5. Adjusting times of construction immediately in front of a business access to times of the day when the business is closed, or business activity is Tight. For example, construction in front of a deli would be restricted during the lunch hour 6. When construction activities will affect ingress and egress to a property along the project alignment, the Contractor shall be responsible for notifying the occupant/occupants of the property 24 hours prior to the construction activity beginning. If personal contact with the occupant is not possible, the Contractor shall leave written notification 7. Local access shall be maintained to the residents within the project limits at all times. G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 6-28 1-07.23(3) Contractor Operations (New Section) The following new section shall be added to the Standard Specification' Contractors and subcontractors will not be allowed to occupy or work on BNSF right of way prior to registering and being certified through the course provided on — www contractororientation com Contractor shall notify Licensor's Roadmaster, Andy Vulgas at 602 West 3rd Street, Ellensburg, WA 98926, telephone 206-625-6880, at least five (5) business days prior to installation of the PIPELINE and prior to entering the Premises for any subsequent maintenance thereon All insurance certificates shall be received and approved prior to Contractor entering Railroad right of way. Insurance must remain in effect during the entire project. Pursuant to BNSF safety rules, flagging protection is always required when equipment crosses or is working within 25 feet of center of any track. However, flagging may be necessary for any work within BNSF right of way When deemed necessary by BNSF, a flagman may be required at all times while working on BNSF right of way The Contractor shall notify BNSF a sufficient time in advance whenever he is about to perform work adjacent to the tracks to enable BNSF to provide flagging or other protective service. The cost of flagger services provided by BNSF Railway Company, when deemed necessary by the Railway's representative, will be borne by the City. No construction will be allowed within 30 feet of center of track unless authorized by Railroad's Railmaster and as shown on Plan approved by the Railroad. This includes any excavation, slope encroachment, and driving of sheet piles The Contractor shall exercise care in all operations and shall at his or its expense adequately protect the property of BNSF and its appurtenances, property in its custody, or persons lawfully upon its right of way, from damage, destruction, interference, or injury and shall so prosecute the work as not to interfere with BNSF or its appurtenances, or any of BNSF's trains or facilities, and shall complete the work to a condition that shall not interfere with or menace the integrity or safe and successful operations of BNSF or its appurtenances, or any of BNSF's trains or facilities. The Contractor shall use only public roadways to cross from one side of Licensor's tracks to the other Under no conditions shall the Contractor be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Contractor has obtained prior written approval from Licensor Contractor shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Contractor shall immediately do so Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Contractor's use of the Premises to determine the safe nature thereof, it being solely Contractor's responsibility to ensure that Contractor's use of the Premises is safe Neither the exercise nor the failure by Licensor to exercise any rights granted in this section will alter the liability allocation provided by this License. Contractor shall, at its sole cost and expense, construct the pipeline in such a manner and of such material that it will not at any time be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor Licensor may direct one of its field engineers to observe or inspect the construction and/or maintenance of the pipeline at any time for compliance with the Drawings and Specifications. If ordered at any time to halt construction of the pipeline by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Contractor shall immediately do so Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the pipeline, it being solely Contractor's responsibility to ensure that the pipeline is constructed in strict accordance with the Drawings and Specifications and in a safe and G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-29 workmanlike manner in compliance with all terms hereof Neither the exercise nor the failure by Licensor to exercise any right granted by this section will alter in any way the liability allocation provided by this License. If at any time Contractor shall, in the sole judgment of Licensor, fail to properly perform its obligations under this section, Licensor may, at its option and at Contractor's sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Contractor shall promptly reimburse Licensor for all costs and expenses of such work, upon receipt of an invoice for the same Licensors failure to perform any obligations of Contractor shall not alter the liability allocation hereunder Any open hole, boring or well constructed on the Premises by Contractor shall be safely covered and secured at all times when Contractor is not working in the actual vicinity thereof Following completion of that portion of the work, all holes or borings constructed on the Premises by Contractor shall be. (a) filled in to surrounding ground level with compacted bentonite grout; or (b) otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Contractor in accordance with applicable Legal Requirements. 1-07.24 Rights of Way (October 1, 2005 APWA GSP) Delete this section in its entirety, and replace it with the following Street right-of-way lines, limits of easements, and limits of construction permits are indicated in the - Plans. The Contractor's construction activities shall be confined within these limits, unless arrangements for use of private property are made Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of way and easements, both permanent and temporary, necessary for carrying out the work. Exceptions to this are noted in the Bid Documents or will be brought to the Contractor's attention by a duly issued Addendum. Whenever any of the work is accomplished on or through property other than public right of way, the Contractor shall meet and fulfill all covenants and stipulations of any easement agreement obtained by the Contracting Agency from the owner of the private property Copies of the easement agreements may be included in the Contract Provisions or made available to the Contractor as soon as practical after they have been obtained by the Engineer Whenever easements or rights of entry have not been acquired prior to advertising, these areas are so noted in the Plans The Contractor shall not proceed with any portion of the work in areas where right of way, easements or rights of entry have not been acquired until the Engineer certifies to the Contractor that the right of way or easement is available or that the right of entry has been received If the Contractor is delayed due to acts of omission on the part of the Contracting Agency in obtaining easements, rights of entry or right of way, the Contractor will be entitled to an extension of time. The Contractor agrees that such delay shall not be a breach of contract. Each property owner shall be given 48 hours notice prior to entry by the Contractor This includes entry onto easements and private property where private improvements must be adjusted The Contractor shall be responsible for providing, without expense or liability to the Contracting Agency, any additional land and access thereto that the Contractor may desire for temporary construction facilities, storage of materials, or other Contractor needs. However, before using any private property, whether adjoining the work or not, the Contractor shall file with the Engineer a written permission of the private property owner, and, upon vacating the premises, a written release from the property owner of each property disturbed or otherwise interfered with by reasons of construction pursued under this contract. The statement shall be signed by the private property owner, or proper authority acting for the owner of the private property affected, stating that permission has been granted to use the property and all necessary permits have been obtained or, in the case of G.\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-30 a release, that the restoration of the property has been satisfactorily accomplished. The statement shall include the parcel number, address, and date of signature. Written releases must be filed with the Engineer before the Completion Date will be established. 1-07.28 Safety Standards (New Section) The following new section shall be added to the Standard Specifications: All work shall be performed in accordance with all applicable local, state, and federal health and safety codes, standards, regulations, and/or accepted industry standards. It shall be the responsibility of the Contractor to ensure that his work force and the public are adequately protected against any hazards The Contracting Agency shall have the authority at all times to issue a stop work order at no penalty to the Contracting Agency if, in its opinion, working conditions present an undue hazard to the public, property, or the work force. Such authority shall not, however, relieve the Contractor of responsibility for the maintenance of safe working conditions or assess any responsibility to the Contracting Agency or Engineer for the identification of any or all unsafe conditions 1-07.29 Notifying Property Owners (New Section) The following new section shall be added to the Standard Specifications When construction activities will affect ingress and egress to a property along the project alignment, the Contractor shall be responsible for notifying the occupant/occupants of the property 24 hours prior to the construction activity beginning If personal contact with the occupant is not possible, the Contractor shall leave written notification Property owner notification requirements shall be coordinated with the Owner 1-08 PROSECUTION AND PROGRESS Add the following new section 1-08.0 Preliminary Matters (May 25, 2006 APWA GSP) Add the following new section: 1-08.0(1) Preconstruction Conference (October 10, 2008 APWA GSP) Prior to the Contractor beginning the work, a preconstruction conference will be held between the Contractor, the Engineer and such other interested parties as may be invited. The purpose of the preconstruction conference will be 1. To review the initial progress schedule; 2. To establish a working understanding among the various parties associated or affected by the work; 3 To establish and review procedures for progress payment, notifications, approvals, submittals, etc., 4 To establish normal working hours for the work; 5 To review safety standards and traffic control; and 6 To discuss such other related items as may be pertinent to the work. The Contractor shall prepare and submit at the preconstruction conference the following. 1. A breakdown of all lump sum items; 2 A preliminary schedule of working drawing submittals, and 3 A list of material sources for approval if applicable. G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 6-31 s 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Add the following new section 1-08.0(2) Hours of Work (June 27, 2011 APWA GSP) Except in the case of emergency or unless otherwise approved by the Contracting Agency, the normal straight time working hours for the Contract shall be any consecutive 8 -hour period between 7.00 a.m. and 6 00 p m of a working day with a maximum 1 -hour lunch break and a 5 -day work week. The normal straight time 8 -hour working period for the Contract shall be established at the preconstruction conference or prior to the Contractor commencing the work. Written permission from the Engineer is required, if a Contractor desires to perform work on holidays, Saturdays, or Sundays; before 7.00 a m or after 6 00 p m on any day; or longer than an 8 -hour period on any day The Contractor shall apply in writing to the Engineer for such permission, no later than noon on the working day prior to the day for which the Contractor is requesting permission to work. Permission to work between the hours of 10:00 p m and 7 00 a m during weekdays and between the hours of 1000 p m and 9.00 a.m. on weekends or holidays may also be subject to noise control requirements Approval to continue work during these hours may be revoked at any time the Contractor exceeds the Contracting Agency's noise control regulations or complaints are received from the public or adjoining property owners regarding the noise from the Contractor's operations. The Contractor shall have no claim for damages or delays should such permission be revoked for these reasons. Permission to work Saturdays, Sundays, holidays, or other than the agreed upon normal straight time working hours Monday through Friday may be given subject to certain other conditions set forth by the Contracting Agency or Engineer These conditions may include but are not limited to. • The Engineer may require designated representatives to be present during the work. Representatives who may be deemed necessary by the Engineer include, but are not limited to: survey crews, personnel from the Contracting Agency's material testing lab, inspectors, and other Contracting Agency employees when in the opinion of the Engineer, such work necessitates their presence • On non-federal aid projects, requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight -time costs for Contracting Agency representatives who worked during such times. • Considering the work performed on Saturdays, Sundays, and holidays as working days with regard to the contract time • Considering multiple work shifts as multiple working days with respect to contract time, even though the multiple shifts occur in a single 24-hour period Add the following new section. 1-08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees (May 25, 2006 APWA GSP; may not be used on FHWA-funded projects) Where the Contractor elects to work on a Saturday, Sunday, or holiday, or longer than an 8 -hour work shift on a regular working day, as defined in the Standard Specifications, such work shall be considered as overtime work. On all such overtime work an inspector will be present, and a survey crew may be required at the discretion of the Engineer In such case, the Contracting Agency may deduct from amounts due or to become due to the Contractor for the costs in excess of the straight - time costs for employees of the Contracting Agency required to work overtime hours The Contractor by these specifications does hereby authorize the Engineer to deduct such costs from the amount due or to become due to the Contractor. G\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-32 1 1 1 1 r 1 1 1 1 1 1 1 1 1 1 1 ��� Washington State ye/ Department of Transportation Request to Sublet Work 0 Subcontractor 0 Lower Tier Subcontractor 0 DBE Prime Contractor Federal Employer I.D. Number * State Contract Number Job Description (Title) Request Number Approval is Requested to Sublet the Following Described Work to: Subcontractor or Lower Tier Subcontractor Unified Business Identifier (UBI) Federal Employer I.D. Number * Address Telephone Number City State Zip Code Estimated Starting Date If Lower Tier Subcontractor, ID of Corresponding Subcontractor * If no Federal Employer I.D Number, Use Owner's Social Security Number Item No. Partial Item Description Amount I understand and will insure that the subcontractor will comply fully with the plans and specifications under which this work is being performed. Prime Contractor Signature Date Department of Transportation Use Only Percent of Total Contract This Request Previous Requests Sublet to Date % DBE Status Verification % % Project Engineer's Signature ❑ Approved Date Approved - Region Construction Engineer (When Required) Date DOT Form 421-012 EF Revised 11/2009 Distribution: White (Original) - Region Canary (Copy) - Project Engineer Pink (Copy) - Contractor 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1-08.3 Progress Schedule Delete the entire section and replace it with the following. Following Contract award and satisfactory provision or execution of all required Contract Documents, the Engineer will schedule a preconstruction conference at a time mutually agreeable to all concerned At this conference, all points of the Contract Documents will be open to discussion including scope, order and coordination of work, equipment lead time required, means and methods of construction, inspection and reporting procedures, etc. The Contractor should satisfy himself that all provisions and intentions of the Contract are fully understood The Contractor shall prepare and submit to the Engineer at the preconstruction conference a Construction Progress and Completion Schedule using a bar graph format. 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 reproducible) of newly updated Schedules shall be forwarded to the Engineer, as directed, immediately upon preparation. Seasonal weather conditions shall be considered in the planning and scheduling of work influenced by high or low ambient temperature or precipitation to ensure the completion of the work within the Contract Time. No time extensions will be granted for the Contractor's failure to take into account such weather conditions for the location of the work and for the period of time in which the work is to be accomplished 1-08.4 Prosecution of Work Delete this section in its entirety, and replace it with the following 1-08.4 Notice to Proceed and Prosecution of Work (June 27, 2011 APWA GSP) Notice to Proceed will be given after the Contract has been executed and the contract bond and evidence of insurance have been approved and filed by the Contracting Agency The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed Date, unless otherwise approved in writing The Contractor shall diligently pursue the work to the physical completion date within the time specified in the Contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the Contract. When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration, as described in the Contract. Installation of high visibility fencing adjacent to the roadway shall occur after the placement of all necessary signs and traffic control devices in accordance with 1-10 1(2) Upon construction of the fencing, the Contractor shall request the Engineer to inspect the fence No other work shall be performed on the site until the Contracting Agency has accepted the installation of high visibility fencing, as described in the Contract. Add the following. The Contractor shall provide to the Engineer within five (5) days of Contract execution an invoice stating the shipping/delivery date for the following materials: Casing pipe Pipe insulators and casing end seals G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 6-34 Should the Contractor fail to provide this information, the Notice to Proceed will be issued ten (10) days following Contract execution, regardless of material availability 1-08.5 Time for Completion Revise the third and fourth paragraphs to read: Contract time shall begin on the first working day following the Notice to Proceed Date. Each working day shall be charged to the contract as it occurs, until the contract work is physically complete. If substantial completion has been granted and all the authorized working days have been used, charging of working days will cease. Each week the Engineer will provide the Contractor a statement that shows the number of working days (1) charged to the contract the week before; (2) specified for the physical completion of the contract; and (3) remaining for the physical completion of the contract. The statement will also show the nonworking days and any partial or whole day the Engineer declares as unworkable Within 10 calendar days after the date of each statement, the Contractor shall file a written protest of any alleged discrepancies in it. To be considered by the Engineer, the protest shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of time disputed By not filing such detailed protest in that period, the Contractor shall be deemed as having accepted the statement as correct. If the Contractor elects to work 10 hours a day and 4 days a week (a 4-10 schedule) and the fifth day of the week in which a 4-10 shift is worked would ordinarily be charged as a working day then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day. Revise the sixth paragraph to read. The Engineer will give the Contractor written notice of the completion date of the contract after all the Contractor's obligations under the contract have been performed by the Contractor The following events must occur before the Completion Date can be established. 1 The physical work on the project must be complete, and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date a. Affidavit of Wages Paid b Material Acceptance Certification Documents 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. d. Final Contract Voucher Certification e. Property owner releases per Section 1-07.24 1-08.7 Maintenance During Suspension (October 1, 2005 APWA GSP) Revise the second paragraph to read: At no expense to the Contracting Agency, the Contractor shall provide through the construction area a safe, smooth, and unobstructed roadway, sidewalk, and path for public use during suspension (as required in Section 1-07.23 or the Special Provisions) This may include a temporary road or detour 1-08.9 Liquidated Damages (March 13, 2012 APWA GSP) Revise the fourth paragraph to read. When the Contract Work has progressed to Substantial Completion as defined in the Contract. The Engineer may determine that the work is Substantially Complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, the formula for liquidated damages shown above will not apply For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 6-35 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1 assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Project Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. 1-08.10(1) Termination for Default In the last sentence of the fifth paragraph, replace "State of Washington, Department of Transportation" with "Contracting Agency " 1-09 MEASUREMENT AND PAYMENT 1-09.2(1) General Requirements for Weighing Equipment This section is supplemented with the following: Certified weight tickets accompanying each truckload of material will be required to be delivered to the Resident Engineer at the site Should the Inspector or Material Receiver be unavailable, it shall be the responsibility of the Contrac- tor's project superintendent to collect all said certified tickets for the day and deliver them to the Inspector the morning following the day's construction The certified tickets shall have the project name, date, time, product delivered, gross weight, tare weight, and net weight shown in pounds. Any certified weight tickets submitted later than the morning following the day materials are delivered to the site will not be considered for measurement and payment. 1-09.2(3) Specific Requirements for Platform Scales This section is supplemented with the following: The Contractor will furnish a person, at no cost to the Contracting Agency, who will operate the certified scales while the loading and hauling of materials is in progress. The Contractor shall provide the platform scales and any tickets required for self -printing scales. 1-09.3 Scope of Payment This section is supplemented with the following: Payment for work performed under this Contract will be based on the items listed in the Bid Schedule Should a conflict exist between the item descriptions or the units of measurement and payment listed in the Bid Schedule and the "Payment" clauses found in each Section of the Standard Specifications, the Bid Schedule items will prevail If work is required to complete the project according to the intent of the Plans and Specifications but no bid item is provided in the Bid Schedule, then the Contractor shall include the cost for providing the necessary work in the unit or lump sum price for the bid item most closely related to the work. 1-09.3(1) Description of Bid Items (New Section) Add the following. Bid items listed in the Bid Schedule are defined to include, but not necessarily be limited to, the following. 1 The lump sum price bid for "Mobilization," shall be full compensation for all labor, materials, tools, and equipment necessary to mobilize to the project site as defined in the Standard Specifications. Payment will be made in accordance with the Standard Specifications 2. The lump sum price bid for "Project Temporary Traffic Control," shall be full compensation for all labor, materials, tools, and equipment necessary to provide Traffic Control Plans and traffic control for all project areas, as defined in Section 1-10 Temporary Traffic Control G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-36 3. The lump sum price bid for "Clearing and Grubbing," shall be full compensation for all labor, materials, tools, and equipment necessary for protection and preservation, or removal and replacement of fences and guardrail; removal, protection, and replacement of riprap, removal, disposal, and/or plugging of abandoned pipe; removal of concrete canal liner as necessary for construction, removal of all surfaces encountered as required to accomplish the construction; and removal of deleterious materials found during excavation and potholing, including hauling to and disposal at an approved waste site. 4. The unit price bid for "Jack/Bore 24 -Inch Steel Casing Pipe," per linear foot, shall be full compensation for all labor, tools, equipment, and materials necessary to complete this item in place as shown on the Plans, including excavation, dewatering, pits, jacking and boring, joining steel casing pipe, backfill and compaction, and coordination with the facility's governing agency/owner. 5. The unit price bid for "Slipline =Inch Industrial Waste, Force Main and Fittings," per linear foot, shall be full compensation for all labor, materials, tools, and equipment necessary to furnish and install the PVC pipe and fittings in steel casing pipe including, but not necessarily limited to, preparing receiving pipe, gaskets, pipe insulators, casing end seals, and testing as shown on the Plans and specified herein. 6. The lump sum price bid for "Shoring or Extra Excavation," shall be full compensation for all labor, equipment, tools, and materials required to construct the shoring, cofferdam, or caisson including excavation, installation and removal of the shoring, backfilling, and compaction, as shown on the Drawings and as specified herein When extra excavation is used by the Contractor in lieu of constructing the shoring, cofferdam, or caisson, the unit price bid shall be full pay for all additional excavation, backfill, compaction, and other work required If select backfill material is required within the limits of the trench excavation, it shall also be required as backfill material for the extra excavation at the Contractor's expense. 7 The unit price bid for "Trench 24 -Inch Steel Casing Pipe," per linear foot, shall be full compensation for all labor, tools, equipment, and materials necessary to complete this item in place as shown on the Plans, including trench excavation, dewatering, grading trench bottom to support pipe profile grade, protecting existing utilities to remain, laying and joining steel casing pipe, cathodic protection, native backfill and compaction, and coordination with the facility's governing agency/owner 8. The unit price bid for "=Inch Industrial Waste, Force Main and Fittings, in Place," per linear foot, shall be full compensation for all labor, materials, tools, and equipment necessary to furnish and install the PVC pipe and fittings including, but not necessarily limited to, sawcutting, trench excavation, protecting existing utilities to remain, dewatering, pipe zone bedding, laying and joining the pipe and fittings, detectable marking tape, concrete blocking, native backfill and compaction, testing and disposal of excess material as shown on the Plans and specified herein 9 The unit price bid for "Casing Vent Assembly," per each, shall be full compensation for all labor, materials, tools, and equipment necessary to furnish and install the casing vent including, but not necessarily limited to, excavation, coring and connection to casing, pipe, fittings, backfill, compaction, and concrete collar 10 The unit price bid for "Cold Mix Asphalt," per ton, shall be full compensation for all labor, tools, materials, and equipment necessary to furnish and install the materials to the compacted depths shown on the Plans including, but not necessarily limited to, sawcutting, removal and disposal of existing asphalt concrete surfacing, surface preparation, placing cold mix asphalt, compacting, trimming, sloping, tack coat, or any other work required to complete the surfacing repair, in place 11. The unit price bid for "Gravel Surfacing Repair," per ton, shall be full compensation for all labor, tools, materials, and equipment necessary to furnish and install crushed surfacing top G \PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-37 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 course to the compacted depths shown on the Plans including, but not necessarily limited to, surface preparation, furnishing and placing aggregate, spreading, shaping, watering, compacting, and any other work required to complete the surfacing repair, in place 12. The unit price bid for "Select Backfill, as Directed," per cubic yard in place, shall be full compensation for all labor, tools, materials, and equipment necessary to furnish and install imported crushed rock material for backfill on all roadway crossings, including, but not necessarily limited to, hauling, placing and compacting, as shown on the Plans, and as directed by the Engineer. 13 The lump sum price bid for "Project Completion Documentation," shall be full compensation for all work identified in Section 8-19 PROJECT COMPLETION DOCUMENTATION of the Technical Specifications 14 For the bid item "Minor Change," refer to Section 1-04 4(1) Minor Changes of the Technical Specifications. 1-09.4 Equitable Adjustment Replace Item 2 b with the following. 2 b Per Section 1-09.6, Force Account. 1-09.6 Force Account (October 10, 2008 APWA GSP) Supplement this section with the following The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of Contractor's total bid However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by Engineer. Supplement this section with the following. The Owner has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders All such dollar amounts are to become a part of Contractor's total bid However, Owner does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by Engineer Add the following clarification. The term "project overhead" shall include "jobsite overhead " The term "general company overhead" shall include "home office overhead " 1-09.9 Payments (March 13, 2012 APWA GSP) Delete the first four paragraphs and replace them with the following. The basis of payment will be the actual quantities of Work performed according to the Contract and as specified for payment. The Contractor shall submit a breakdown of the cost of lump sum bid items at the Preconstruction Conference, to enable the Project Engineer to determine the Work performed on a monthly basis. A breakdown is not required for lump sum items that include a basis for incremental payments as part of the respective Specification Absent a lump sum breakdown, the Project Engineer will make a G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-38 determination based on information available. The Project Engineer's determination of the cost of work shall be final Progress payments for completed work and material on hand will be based upon progress estimates prepared by the Engineer A progress estimate cutoff date will be established at the preconstruction conference. The initial progress estimate will be made not later than 30 days after the Contractor commences the work, and successive progress estimates will be made every month thereafter until the Completion Date Progress estimates made during progress of the work are tentative, and made only for the purpose of determining progress payments The progress estimates are subject to change at any time prior to the calculation of the final payment. The value of the progress estimate will be the sum of the following. 1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of work completed multiplied by the unit price. 2. Lump Sum Items in the Bid Form — based on the approved Contractor's lump sum breakdown for that item, or absent such a breakdown, based on the Engineer's determination 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site or other storage area approved by the Engineer 4 Change Orders — entitlement for approved extra cost or completed extra work as determined by the Engineer Progress payments will be made in accordance with the progress estimate less 1. Retainage per Section 1-09 9(1), on non FHWA-funded projects; 2. The amount of progress payments previously made; and 3 Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents Progress payments for work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any work has been satisfactorily completed The determination of payments under the contract will be final in accordance with Section 1-05 1 1-09.9(1) Retainage Add the following to the fourth paragraph - 6 An affidavit is delivered to the Contracting Agency by the Contractor, stating that all persons performing labor or furnishing materials have been paid. 1-09.9(2) Contracting Agency's Right to Withhold and Disburse Certain Amounts (New Section) The following new section shall be added to the Standard Specifications. In addition to monies retained pursuant to RCW 60.28 and subject to RCW 39 04.250, RCW 39.12, and RCW 39 76, the Contractor authorizes the Engineer to withhold progress payments due or deduct an amount from any payment or payments due the Contractor which, in the Engineer's opinion, may be necessary to cover the Contracting Agency's costs for or to remedy the following situations: 1. Damage to another contractor when there is evidence thereof and a claim has been filed. 2 Where the Contractor has not paid fees or charges to public authorities or municipalities which the Contractor is obligated to pay 3. Utilizing material, tested and inspected by the Engineer, for purposes not connected with the Work (Section 1-05.6). 4 Landscape damage assessments per Section 1-07 16. G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-39 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 5 For overtime work performed by Contracting Agency personnel or its representative, per Section 1-08 0(3) 6. Anticipated or actual failure of the Contractor to complete the Work on time. a. Per Section 1-08 9 Liquidated Damage, or b Lack of construction progress based upon the Engineer's review of the Contractor's approved progress schedule which indicates the Work will not be completed within the Contract Time When calculating an anticipated time overrun, the Engineer will make allowances for weather delays, approved unavoidable delays, and suspensions of the Work. The amount withheld under this subparagraph will be based upon the liquidated damages amount per day set forth in Contract Documents multiplied by the number of days the Contractor's approved progress schedule, in the opinion of the Engineer, indicates the Contract may exceed the Contract Time 7. Failure of the Contractor to perform any of the Contractor's other obligations under the Contract, including but not limited to: a. Failure of the Contractor to provide the Engineer with a field office when required by the Contract Provisions. b Failure of the Contractor to protect survey stakes, markers, etc., or to provide adequate survey work as required by Section 1-05 4 c Failure of the Contractor to correct defective or unauthorized work (Section 1-05 7). d Failure of the Contractor to furnish a Manufacturer's Certificate of Compliance in lieu of material testing and inspection as required by Section 1-06 3 e Failure to submit weekly payrolls, Intent to Pay Prevailing Wage forms, or correct underpayment to employees of the Contractor or subcontractor of any tier as required by Section 1-07 9 f Failure of the Contractor to pay workers' benefits (Title 50 and Title 51 RCW) as required by Section 1-07 10. g Failure of the Contractor to submit and obtain approval of a progress schedule per Section 1-08 3. The Contractor authorizes the Engineer to act as agent for the Contractor disbursing such funds as have been withheld pursuant to this section to a party or parties who are entitled to payment. Disbursement of such funds, if the Engineer elects to do so, will be made only after giving the Contractor 15 calendar days prior written notice of the Contracting Agency's intent to do so, and if prior to the expiration of the 15 -calendar day period 1 No legal action has commenced to resolve the validity of the claims, and 2. The Contractor has not protested such disbursement. A proper accounting of all funds disbursed on behalf of the Contractor in accordance with this section will be made A payment made pursuant to this section shall be considered as payment made under the terms and conditions of the Contact. The Contracting Agency shall not be liable to the Contractor for such payment made in good faith If legal action is instituted to determine the validity of the claims prior to expiration of the 15 -day period mentioned above, the Engineer will hold the funds until determination of the action or written settlement agreement of the parties. When the conditions 1-7 are resolved or the Contractor provides a Surety Bond satisfactory to the Contracting Agency which will protect the Contracting Agency in the amount withheld, payment shall be made for amounts withheld because of them. 1-09.9(3) Final Payment (New Section) The following new section shall be added to the Standard Specifications. Upon completion of all work under this Contract, the Contractor shall notify the Engineer, in writing, that he has completed his part of the Contract and shall request final payment. Upon receipt of such request, the Engineer will inspect and, if acceptable, submit to the Owner his recommendation as to acceptance of the completed work and as to the final estimate of the amount due the Contractor. Upon approval of this final estimate and upon final acceptance of the work under this Contract, the G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-40 Owner will notify the Department of Revenue of the completion of said Contract. Provided the Department of Revenue certifies there are no taxes or penalties due and owing from the Contractor, and there are no other known claims or liens against the retained funds, and further provided the terms of Section 1-09.9(1) are in compliance, the Owner will pay to the Contractor the balance of monies due under this Contract in accordance with RCW Title 60.28. In the event unsatisfied claims or liens for taxes, material, labor, and other services are known to exist, an amount will be further withheld from the retainage sufficient to satisfy the settlement of such claims and liens, including attorney's fees incurred, and the remainder will be released from escrow, or released from the retained funds and paid to the Contractor On contracts for public works, final payment of the retained percentage will not be made until after the Contractor has filed with the Owner the Affidavit of Wages Paid forms required by RCW 39 12.040 certifying that the Contractor and subcontractors have paid not less than the prevailing rate of wages The parties further agree that the Owner may, without liability, withhold final payment to the Contractor until such time as the Contractor has completed all forms required by the Owner. 1-09.11 Disputes and Claims 1-09.11(3) Time Limitations and Jurisdiction Delete in its entirety the reference to Thurston County and replace it with Yakima County, Washington. 1-09.13(3) Claims $250,000 or Less (October 1, 2005 APWA GSP) Delete this section and replace it with the following. The Contractor and the Contracting Agency mutually agree that those claims that total $250,000 or less, submitted in accordance with Section 1-09.11 and not resolved by nonbinding ADR processes, shall be resolved through litigation unless the parties mutually agree in writing to resolve the claim through binding arbitration. 1-09.13(3)A Administration of Arbitration (October 1, 2005 APWA GSP) Revise the third paragraph to read - The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of the county in which the Contracting Agency's headquarters are located The decision of the arbitrator and the specific basis for the decision shall be in writing The arbitrator shall use the contract as a basis for decisions. 1-10 TEMPORARY TRAFFIC CONTROL 1-10.1 General 1-10.1(2) Description Revise the first paragraph to read - 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, including flaggers. G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-41 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1-10.2(1)B Traffic Control Supervisor Section 1-10.2(1)B is supplemented with the following: The Traffic Control Supervisor shall be certified by one of the following: The Northwest Laborers -Employers Training Trust 27055 Ohio Avenue Kinsgton, WA 98346 (360) 297-3035 Evergreen Safety Council 401 Pontius Avenue North Seattle, WA 98109 1-800-521-0778 or (206) 382-4090 1-10.2(2) Traffic Control Plans This section is supplemented with the following. The Contractor shall designate a Traffic Control Supervisor who shall prepare, revise, supplement or modify the contract signing plans when needed to show the necessary Class A and B construction signing and barricades, traffic control devices, and traffic flagging operations required for the contractor's operation and submit it to the Engineer for review no later than the preconstruction conference date When the Class B signing for a particular area will be provided as detailed on one or more of the figures included in the WSDOT standard plans or MUTCD without modification, the Contractor may reference the applicable figure or standard plan at the appropriate location on the Plan When this procedure is used, variable distances such as minimum length of taper must be specified by the Contractor The Traffic Control Supervisor who prepared the traffic control plan shall sign and date the plan The signing plans prepared by the Contractor Traffic Control Supervisor shall provide for adequate warning within the limits of the project and on all streets, alleys, and driveways entering the project so that approaching traffic may turn left or right onto existing undisturbed streets before reaching the project. All costs incurred by the Contractor in preparation of the Traffic Control Plan, including any revisions required by the Engineer after review, shall be included in the unit contract prices for "Project Temporary Traffic Control," per lump sum. 1-10.4 Measurement Section 1-10 4(1) is supplemented with the following. The proposal contains the item "Project Temporary Traffic Control," lump sum. The provisions of Section 1-10 4(1) shall apply There will be no separate measurement or payment for the Traffic Control Supervisor. All costs associated with the Traffic Control Supervisor shall be included in the unit price for "Project Temporary Traffic Control," per lump sum 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP 2-01.1 Description This section is supplemented with the following: In no case shall the Contractor be required to clear and grub beyond the right-of-way line, except as specifically directed by the Engineer or noted on the Plans to remove trees, stumps, shrubs, or other G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-42 items which, by proximity or due to root growth, would constitute a hazard to the public or endanger the facility The Contractor shall temporarily remove and later replace to its original condition or relocate nearby as directed, all mail boxes, small trees, shrubs, street signs, culverts, irrigation facilities, concrete or rock walls, or other similar obstructions which lie in or near the line of work and are not intended for removal. Should any damage be incurred, the cost of replacement or repair shall be borne by the Contractor. 2-01.3(4) Roadside Cleanup This section is supplemented with the following. Roadside cleanup shall include all project areas outside of the road right of way, including utility easements and private property, as shown on the Plans. Partial cleanup shall be done by the Contractor when he feels it is necessary or when, in the opinion of the Contracting Agency, partial cleanup should be done prior to either final cleanup or final inspection The cleanup work shall be done immediately upon written notification of the Engineer and other work shall not proceed until this partial cleanup is accomplished. Should the Contractor not conduct the cleanup as directed and in a timely manner, the Owner shall take action to have such cleanup work completed by others and will deduct such costs from any payment due the Contractor. 2-01.3(5) Fencing (New Section) The following new section shall be added to the Standard Specifications: The Contractor shall be required to carefully remove all existing fencing located within or near the proposed alignments, as necessary for construction All fencing materials to be removed and replaced shall be temporarily placed on the adjacent properties or stored as directed by the Engineer The removal and replacement of all fencing shall be done at the Contractor's expense. Any fencing that is to be reset shall be relocated and reset by the Contractor along the property lines or as directed by the Engineer Unless provided for otherwise, the necessary work to restore and reinstall the fencing shall be considered incidental and all costs for performing this work shall be included in the lump sum bid item for "Clearing and Grubbing." 2-01.4 Measurement This section is supplemented with the following. No unit of measurement shall apply to Roadside Cleanup. 2-01.5 Payment This section is supplemented with the following. All costs incurred to complete the requirements of Section 2-01, including partial roadside cleanup, will be considered as incidental work to the lump sum bid item "Clearing and Grubbing". 2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 2-02.3 Construction Requirements 2-02.3(2) Removal of Bridges, Box Culverts, and Other Drainage Structures This section is supplemented with the following Where structures or installations of concrete, brick, blocks, etc., interfere with the construction, they shall be removed and any pipe openings shall be properly plugged watertight with Class 3000 concrete, or with mortar and masonry, blocks, or brick. The removal and plugging of pipes shall be G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 6-43 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 considered as incidental to the construction and costs thereof and shall be included in other items of work. Where structures are removed, the voids shall be backfilled with suitable, job -excavated material and compacted, and such work shall be considered as incidental to the removal work. If the Engineer determines the job -excavated material to be unsuitable for backfill, the Contractor shall place ballast or crushed surfacing material as directed by the Engineer 2-02.3(3) Removal of Pavement, Sidewalks, and Curbs This section is supplemented with the following Where shown on the Plans or as directed by the Engineer, the Contractor shall be required to remove existing pavement, sidewalks, curbs, etc., which are required to be removed for construction of the improvements. In those areas where asphalt pavement removal is required, the Contractor shall, prior to excavation, score the edge of the asphalt concrete pavement with an approved pavement cutter such as a concrete saw During the course of the work, the Contractor shall take precautions to preserve the integrity of this neat, clean pavement edge Should the pavement edge be damaged prior to asphalt concrete paving activities, the Contractor shall be required to trim the edge with an approved pavement cutter as directed by the Engineer immediately prior to paving. No separate payment shall be made for saw -cutting pavement. 2-02.5 Payment This section is supplemented with the following. Unless a specific bid item has been included in the proposal, all costs incurred to complete the requirements of Section 2-02 including sawcutting will be considered as incidental work to the various bid items and no separate payment will be made 2-03 ROADWAY EXCAVATION AND EMBANKMENT 2-03.3(7) Disposal of Surplus Materials 2-03.3(7)A General This section is supplemented with the following - Excavated material shall be bladed or hauled to fill low sections within the project area, except for sod or extraneous material, which shall be hauled to waste A waste site has not been provided by the Contracting Agency for disposal of unsuitable material, asphalt, concrete, debris, waste material, or any other objectionable material which is directed to waste by the Engineer. The Contractor shall comply with the requests of the Contracting Agency for placement and compaction of excess excavated suitable material at various locations within the project limits, as directed by the Engineer Suitable materials from the excavations shall be used in the embankments. Unsuitable material or soft spots shall be removed from the roadway and replaced with suitable material and compacted as for embankments The Contractor shall comply with the State of Washington's regulations regarding disposal of waste material as outlined in WAC 173-304, Subchapter 461 Any material hauled from the project for disposal in unincorporated Yakima County will be subject to the requirements of the Yakima County Excavation and Grading Ordinance. All costs incurred by the G\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-44 Contractor to obtain a Grading Permit shall be included in the various Unit Bid Prices, and no further payment shall be made The Yakima County Excavation and Grading Ordinance may be reviewed in the County Public Services Dept., 4th Floor, Yakima County Courthouse 2-03.5 Payment This section is supplemented with the following . All excavation on this project shall be included in other pay items of work. 2-04 HAUL 2-04.5 Payment Delete this section and replace it with the following: All haul of materials on this project is incidental to and included in other pay items of work. 2-07 WATERING 2-07.1 Description This section is supplemented with the following The Contractor shall be solely responsible for dust control on this project and shall protect motoring public, adjacent homes and businesses, orchards, crops, and school yards from damage due to dust, by whatever means necessary. The Contractor shall be responsible for any claims for damages and shall protect the Contracting Agency and the Engineer from any and all such claims When directed by the Engineer, the Contractor shall provide water for dust control within two hours of such order and have equipment and manpower available at all times including weekends and holidays to respond to orders for dust control measures. 2-07.5 Payment Replace with the following - Payment for water used for dust control, compaction, processing of base course and top course aggregates, and for other work shall be included in the other bid items involved. No further payment shall be made 2-09 STRUCTURE EXCAVATION 2-09.3(3)D Shoring and Cofferdams Replace the fifth paragraph with the following The design of structural shoring or cofferdams shall be by an engineer employed by the Contractor and licensed in the State of Washington to perform such work. The Project Engineer will not review or approve submittals 2-09.3(4) Construction Requirements, Structure Excavation, Class B Delete the fourth paragraph and the last two sentences of the fifth paragraph. G.\PROJECTS\2012\12076\SPEC112076 Specifications.Docx 6-45 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2-09.4 Measurement Delete paragraph two under the Horizontal Limits section and the second sentence under the Shoring or Extra Excavation section. Section 2-09 4 is supplemented as follows. No unit of measurement shall apply to Shoring or Extra Excavation. 2-09.5 Payment Section 2-09 5 is supplemented as follows: Delete "Shoring or Extra Excavation, Class B", per square foot, and add "Shoring or Extra Excavation", per lump sum. Payment shall be per Section 1-09 3(1) Description of Bid Items. 2-11 TRIMMING AND CLEANUP 2-11.5 Payment This section is supplemented with the following. When the contract does not include trimming and cleanup as a pay item, performing this work shall be incidental to construction and all costs shall be included in other pay items. 3-01 PRODUCTION FROM QUARRY AND PIT SITES 3-01.2 Material Sources, General Requirements This section is supplemented with the following. No source has been provided for any aggregate or other materials necessary for the construction of this project. The Contractor shall make his own arrangements to obtain the necessary materials at his own expense, and all costs of acquiring, producing, and placing this material in the finished work shall be included in the unit contract prices for the various items involved. 3-02 STOCKPILING AGGREGATES 3-02.2(2) Stockpile Site Provided by the Contractor This section is supplemented with the following If the sources of materials provided by the Contractor necessitate hauling over roads other than public streets, the Contractor shall, at his own cost and expense, make all arrangements for the use of the haul routes. 4-04 BALLAST AND CRUSHED SURFACING 4-04.3(5) Shaping and Compaction This section is supplemented with the following: The Contractor shall notify the Engineer when he is ready for in-place ballast, base course, or top course density tests All costs associated with failed tests/testing shall be the responsibility of the Contractor Placement of successive courses of aggregate or asphalt concrete shall not proceed until density requirements are met. G:\PROJECTS\2012\12076\SPEC112076 Specifications.Docx 6-46 4-04.4 Measurement This section is supplemented with the following. Aggregates to be paid by the ton shall not be placed in stockpiles. 5-03 COLD MIX ASPHALT (NEW SECTION) 5-03.1 Description This work shall consist of providing and placing one (1) or more layers of cold mix asphalt on a prepared foundation or base in accordance with these specifications and the lines, grades, thicknesses, typical cross-sections, and details shown on the Plans No area requiring cold mix asphalt trench surfacing repair shall remain unpaved for more than five (5) working days following the initial excavation, unless otherwise directed by the Engineer 5-03.2 Materials Cold mix asphalt used on this project shall be proposed by the Contractor and approved by the Engineer The Contractor shall use polymer -modified high-performance cold asphalt, cold plant mix recycling asphalt or cold in-place recycling asphalt. Aggregates used for cold mix asphalt shall meet the gradations in Section 9-03 8 for Class 3/8" 5-03.2(1) General Cold mix asphalt shall be designed for potholes, utility cuts, joint repair, and small overlays. It shall be designed for application in temperature ranges between 20 degrees Fahrenheit to 100 degrees Fahrenheit. The mixture shall provide coating, workability and adhesion characteristics during cool to hot conditions, and wet to dry climate environments 5-03.2(2) Liquid Asphalt Blend The liquid asphalt component used shall be a PG 58-22 conforming to the specifications of the Washington State Department of Transportation, a diluent which complies with the requirements and application specifications of the American Petroleum Institute (API), and a polymer additive of high quality that improves cohesion and adhesion properties and is capable of passing AASHTO-T-182 as modified herein. 5-03.3 Spreading, Finishing and Compaction The mixture shall be laid upon an approved, compacted, unyielding base The nominal compacted depth of any layer of cold mix asphalt shall not exceed 2 inches, and shall be compacted with a vibratory steel wheel roller Where a vibratory steel wheel roller will not fit into the trench on the first lift, a plate compactor may be used A vibratory steel wheel roller shall be used on the top lift of all trenches. 5-03.5 Payment Measurement and Payment shall be per Section 1-09 3(1) Description of Bid Items. 7-08 GENERAL PIPE INSTALLATION REQUIREMENTS 7-08.3 Construction Requirements This section is supplemented with the following. The Contractor shall notify the Utility Notification Center (one Call Center) at least 48 hours prior to start of excavation so that underground utilities may be marked. Telephone number 1-800-424-5555 G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 6-47 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 7-08.3(1)C Bedding the Pipe This section is supplemented with the following: Imported pipe zone bedding material for flexible pipes shall be Crushed Surfacing Top Course meeting the requirements of section 9-03 9(3), and shall be placed and compacted in layers as designated by the Engineer. Pipe zone bedding material for rigid pipes shall be native or imported gravel backfill material meeting the requirements of Section 9-03 12(3), or as approved by the Engineer. 7-O8.3(2)B Pipe Laying - General This section is supplemented with the following: Detectable marker tape shall be installed over open cut, non-metallic pipe lines. The tape shall be placed approximately one foot above the top of the pipe and shall extend its full length The horizontal location of the tape shall vary no more than 1 foot from the centerline alignment of the pipe. Detectable marker tape shall meet the requirements of Section 9-1518 of the Standard Specifications. Existing utilities of record, except services, are shown on the Plans. These are shown for convenience only, and the Engineer assumes no responsibility for improper locations or failure to show utility locations on the Plans. When utility services occupy the same space as the new utility main, the Contractor shall complete necessary excavation to fully expose such services. The Contractor shall protect said services, and work around them during excavating and pipe laying operations Any damages to services resulting from the Contractor's operation shall be reported to the appropriate utility. Such damage shall be repaired at the Contractor's expense The Contractor shall pothole all utility connections prior to the installation of the mainlines. All costs associated with the potholing shall be incidental to the costs of the mainline. 7-08.3(3) Backfilling This section is supplemented with the following. Street crossing trenches and other locations as directed by the Engineer shall be backfilled for the full depth of the trench (above the pipe zone bedding) with Select Backfill meeting the requirements for Crushed Surfacing Base Course, in Section 9-03 9(3) When a trench is not backfilled the day of pipe installation, the Contractor shall cover trenches overnight with steel plating, leaving no trenches open Barricades and/or warning tape will not be acceptable. Delete the fourth paragraph and replace with the following: Mechanical compaction shall be required for all trenches The Contractor is hereby cautioned that time extensions shall not be granted due to inadequate compaction or unstable trench backfill conditions caused by excessive watering The Contractor shall be responsible for correcting such conditions caused by his own construction activities. The density of the compacted material shall be at least 95% of the maximum density as determined by ASTM D 698 Tests (Standard Proctor). The Contractor shall notify the Engineer when they are ready for in-place density tests of the trench line Density tests shall be taken at various depths in the trench The Contractor shall provide a backhoe and operator for the excavation and backfill of test holes The cost of the backhoe and operator shall be considered incidental to the various bid items. All costs associated with failed tests/testing shall be the responsibility of the Contractor Placement of courses of aggregate shall not proceed until density requirements have been met. G:\PROJECTS\2012\12076\SPEC\12076 Specifications. Docx 6-48 The first 500 feet of trench backfill operations shall be considered a test section for the Contractor to demonstrate his backfilling and compaction techniques. The Contractor shall notify the Engineer at least three (3) working days prior to beginning trench excavation and backfill operations and shall arrange for in-place density tests to be taken on the completed test section in accordance with the above requirements. No further trenching will be allowed until the specified density is achieved in the test section. Passing in-place density tests in the test section will not relieve the Contractor from achieving the specified densities throughout the project. Payment for mechanical compaction shall be included in the unit price bid for the specified pipe 7-08.4 Measurement This section is supplemented with the following. Delete the last paragraph and replace it with the following: No unit of measurement shall apply to Shoring or Extra Excavation Supplement this section with the following. There will be no separate measurement or payment for dewatering operations by the Contractor. All costs associated with dewatering operations shall be included in the various bid items associated with the work. The length and depth of "Select Backfill, as Directed" shall be field measured by the Engineer. The trench width payment line limit for "Select Backfill, as Directed" shall be as shown on the Details in the Plans. No measurement or payment will be made for excavation or backfill material beyond the payment line limit. 7-08.5 Payment Delete the ninth paragraph and replace it with the following. This section is supplemented with the following. Payment shall be per Section 1-09 3(1) Description of Bid Items. Payment for all pipe items shall be made as follows 75% of the unit bid price for materials and initial installation, the next 15% of the unit bid price upon the successful completion of density testing; and the final 10% of the unit bid price upon the completion of pipe testing including hydrostatic, bacteriological, air pressure and mandrel testing, as well as televising if required. 7-21 INDUSTRIAL WASTE FORCE MAINS (NEW SECTION) 7-21.1 Description This work shall consist of constructing industrial waste force mains in accordance with the Plans, Standard Specifications, as staked 7-21.2 Materials Materials shall meet the requirements of Section 7-09 WATER MAINS of the Standard Specifications as modified by these Special Provisions. Pipe for Main Line: Polyvinyl Chloride (PVC) Pressure Pipe (4 inches and over). Polyvinyl Chloride (PVC) Pipe shall conform to the requirements of Section 9-30 1(5)A of the Standard Specifications Joints outside of casing shall be rubber gasket push -on type with thickened bell. Joints within casing shall be restrained using Field Lok gaskets, or approved equal G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-49 1 1 0 Fittings for Main Lines: Fittings Fittings shall be mechanical joint and/or flanged in accordance with the Plans and Section 9- 30.2(1) of the Standard Specifications. Materials for Sliplining Industrial Waste Force Mains in Casings: Casing End Seals. Casing ends shall be sealed with Calpico Inc., Model W Casing End Seals, or approved equal. Pipe Insulators' The C900 PVC industrial waste force main pipes shall be isolated from the steel casing pipe interior with Calpico Inc., multi -carrier, side by side, (1) 4" and (1) 6" in (1) 24", Model M-8 Heavy Duty Insulators or approved equal. 7-21.3 Construction Requirements 7-21.3(1) General The Contractor shall notify the Utility Notification Center (one Call Center) at least 48 hours prior to start of excavation so that underground utilities may be marked Telephone number 1-800-424-5555. 7-21.3(2) Pipe Installation Industrial waste force main installation shall conform to the requirements of Section 7-08 GENERAL PIPE INSTALLATION REQUIREMENTS of the Standard Specifications or as modified by these Special Provisions. All industrial waste force mains shall be tested under a hydrostatic pressure of 100 psi The Contracting Agency will provide water for the test from the nearest available source. The Contractor shall make all provisions for transporting water and filling the force main. No leakage will be allowed during the test. 7-21.4 Measurement There will be no separate measurement or payment for dewatering operations by the Contractor All costs associated with dewatering operations shall be included in the various bid items associated with the work. The length and depth of "Select Backfill, as Directed" shall be field measured by the Engineer. The trench width payment line limit for "Select Backfill, as Directed" shall be as shown on the Details in the Plans No measurement or payment will be made for excavation or backfill material beyond the payment line limit. Measurement for payment of industrial waste force mains shall be by the linear foot of pipe installed and tested and shall be along the centerline of the pipe through fittings, valves, and couplings. 7-21.5 Payment Payment shall be per Section 1-09 3(1) Description of Bid Items. 7-22 CASING PIPES (NEW SECTION) 7-22.1 General The Contractor shall furnish all labor, equipment, and materials necessary to install new casing pipes under existing railroad tracks as shown on the Plans. Casing pipes shall be jacked/bored in place where shown on Plans. The Contractor shall construct the casing pipe installations in accordance with the provisions of any and all permits issued by the governing agency/owner of the facility being crossed (i.e. BNSF, etc.). G\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-50 7-22.2 Materials Casing Pipe Casing pipes to be jacked/bored in place shall be standard weight A36 steel with the following minimum wall thicknesses: 24" diameter 0.375" minimum wall thickness 7-22.3(2) Construction Requirements The installation of the casing pipe shall be done by excavating open trenches where shown on the Plans. The Contractor shall jack/bore the casing pipe through the remaining distance immediately under the existing railroad tracks. Equipment or machinery will not be permitted within 30 feet of any railroad track centerline, unless expressly permitted by the governing agency/owner. Both the carrier pipe and the casing pipe shall be to Plan grade. The Contractor shall take care not to damage any existing facilities Any repairs required to the existing facilities shall be at the expense of the Contractor. 7-22.4 Measurement Casing pipe shall be measured by the linear foot over the centerline between the two casing ends Carrier pipe installed in the casing pipe shall equal the same measurement of the casing pipe. 7-22.5 Payment Payment shall be per Section 1-09.3(1) Description of Bid Items. 8-01 EROSION CONTROL AND WATER POLLUTION CONTROL 8-01.5 Payment Replace with the following. All costs to comply with this section shall be considered incidental to the Contract. 8-19 PROJECT COMPLETION DOCUMENTATION (NEW SECTION) The following new section shall be added to the Standard Specifications: 8-19.1 Description This section establishes a pay item to compensate the Contractor for the cost of completing required contract documentation and more clearly defining the documentation required The goal is to complete the project documentation as soon as possible to allow the Contracting Agency to close projects in a timely manner. Late closure of projects results in additional costs and administrative problems to the Contracting Agency and their agents. Delays in project closeout increases the cost of engineering services to the Owner and frequently requires funding agencies to hold projects open beyond the funding period. As a result, the ability to request contingency funds for unexpected changes in construction may be lost and contracting agencies may need to carry projects forward into the following year's budget. Record drawings shall be immediately available for use by the agency's crews while the project is being closed. G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-51 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8-19.2 Required Documentation The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to physical completion: a. Affidavit of Wages Paid b. Material Acceptance Certification Documents c. Final Contract Voucher Certification d. Property owner releases per Section 1-07.24 e Project record drawings per Section 1-05.3(1) 8-19.3 Measurement The unit Contract price for "Project Completion Documentation" shall be paid when all completion documents identified in Section 8-19.2 have been satisfactorily completed and submitted to the Engineer. 8-19.4 Payment "Project Completion Documentation" shall be paid per lump sum. G:\PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 6-52 APPENDIX A BNSF RAILROAD PIPELINE LICENSES G \PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 1 11 it 11 11 1 Law Department Approved #11-3028 BF#: (p5 3Og PIPELINE LICENSE THIS LICENSE ("License"), made as of the day of VY , 2012 ("Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF YAKIMA, a Washington municipality ("Licensee"). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), one (1) Pipeline, 4 inches in diameter inside a 24 inch steel casing ("PIPELINE"), across or along the rail corridor of Licensor at or near the station of Yakima, County of Yakima, State of Washington, Line Segment 0048, Mile Post 90.68 as shown on the attached Drawing No. 1-53377, dated 12/5/2011, attached hereto as Exhibit "A" and made a part hereof ("Premises"). 2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, Licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such improvements. 3. Licensee shall use the Premises solely for construction and maintenance of a PIPELINE in accordance with the Drawings and Specifications carrying industrial waste. Licensee shall not use the PIPELINE to carry any other commodity or use the Premises for any other purpose. Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body through the PIPELINE on Licensor's property. Licensee agrees periodically to furnish Licensor with proof, satisfactory to Licensor that Licensee is in such compliance. Should Licensee not comply fully with the above -stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. Upon termination, Licensee shall remove the PIPELINE and restore Licensor's property as herein elsewhere provided. 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in Form 424; Rev. 04/26/05 1 Law Department Approved #11-3028 BF#: (e5 zjCj the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable to refund Licensee any compensation paid hereunder, except for the pro -rata part of any recurring charge paid in advance, or for any damage Licensee sustains in connection therewith. 5. Any contractors or subcontractors performing work on the PIPELINE or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. TER1VI 6. This License shall commence on the Effective Date and shall continue for a period of twenty-five (25) years, subject to prior termination as hereinafter described. COMPENSATION 7. (a) Licensee shall pay Licensor, prior to the Effective Date, the sum of Twenty Five Hundred Dollars and No/100 ($2,500.00) as compensation for the use of the Premises. (b) Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills therefor) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the PIPELINE, including but not limited to the furnishing of Licensor's Flagman and any vehicle rental costs incurred. The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by the Licensee. The estimated cost for one (1) flagger is $600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals, lodging and supervision. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. The flagging rate in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. (c) All invoices are due thirty (30) days after the date of invoice. In the event that Licensee shall fail to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from thirty (30) days after its invoice date to the date of payment by Licensee at an annual rate equal to (i) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2 1/2%), and for the period July 1 through December 31, the prime rate last published in The Wall Street Journal in the Foran 424; Rev. 04/26/05 -2- 11 1 11 1 1 1 1 1 1 1 1 1 1 1 1 ti 11 ri Law Department Approved #11-3028 BF#: (p5-12092 preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent (12%), or (ii) the maximum rate permitted by law, whichever is less. COMPLIANCE WITH LAWS 8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance, and use of the PIPELINE and the use of the Premises. (b) Prior to entering the Premises, Licensee shall and shall cause its contractor to comply with all Licensor's applicable safety rules and regulations. Prior to commencing any work on the Premises, Licensee shall complete and shall require its contractor to complete the safety -training program at the following Internet Website "http://contractororientation.com". This training must be completed no more than one year in advance of Licensee's entry on the Premises. DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, "cost' or "costs" "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. RIGHT OF LICENSOR TO USE 10. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor: (a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication lines and appurtenances and other facilities or structures of like character upon, over, under or across the Premises; (b) to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; or (c) to use the Premises in any manner as the Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 3 above. LICENSEE'S OPERATIONS 11. (a) Licensee shall notify Licensor's Roadmaster, Andy Vulgas at 602 West 3rd Street, Ellensburg, WA 98926, telephone 206-625-6880, at least five (5) business days -3- Form 424; Rev. 04/26/05 Law Department Approved #11-3028 BF#: CP Gi 2Jb� prior to installation of the PIPELINE and prior to entering the Premises for any subsequent maintenance thereon. (b) in performing the work described in Section 3, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. 12. (a) Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. (b) Licensee shall, at its sole cost and expense, construct and maintain the PIPELINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. Licensor may direct one of its field engineers to observe or inspect the construction and/or maintenance of the PIPELINE at any time for compliance with the Drawings and Specifications. If ordered at any time to halt construction or maintenance of the PIPELINE by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the PIPELINE, it being solely Licensee's responsibility to ensure that the PIPELINE is constructed in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise nor the failure by Licensor to exercise any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section, Licensor may, at its option and at Licensee's sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, upon receipt of an invoice for the same. Form 424; Rev. 04/26/05 -4- 11 11 1 Law Department Approved #11-3028 BF#: COQ 7O ' Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 13. During the construction and any subsequent maintenance performed on the PIPELINE, Licensee shall perform such work in a manner to preclude damage to the property of Licensor, and preclude interference with the operation of its railroad. The construction of the PIPELINE shall be completed within one (1) year of the Effective Date. Upon completion of the construction of the PIPELINE and after performing any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore Licensor's Premises to their former state as of the Effective Date of this License. 14. If at any time during the tern of this License, Licensor shall desire the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the PIPELINE, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from Licensor to such effect, make such changes in the PIPELINE as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the existing or the construction of new a PIPELINE(s). 15. (a) Prior to Licensee conducting any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Upon Licensee's written request, which shall be made thirty (30) business days in advance of Licensee's requested construction of the PIPELINE, Licensor will provide Licensee any information that Licensor has in the possession of its Engineering Department concerning the existence and approximate location of Licensor's underground utilities and pipelines at or near the vicinity of the proposed PIPELINE. Prior to conducting any such boring work, the Licensee will review all such material. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions and Licensee's operations will be subject at all times to the liability provisions herein. (b) For all bores greater than 26 -inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be performed by the Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and -5- Form 424; Rev. 04/26/05 Law Department Approved #11-3028 BF#: (lc? 300 approval, in its sole discretion a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at its sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 16. Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout; or (b) otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. 17. Upon termination of this License, Licensee shall, at its sole cost and expense: (a) remove the PIPELINE and all appurtenances thereto, or, at the sole discretion of the Licensor, fill and cap or otherwise appropriately decommission the PIPELINE with a method satisfactory to Licensor; (b) report and restore any damage to the Premises arising from, growing out of, or connected with Licensee's use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Licensee; and (d) leave the Premises in the condition which existed as of the Effective Date of this Li cense. 18. Licensee's on-site supervisions shall retain/maintain a fully executed copy of this License at all times while on the Premises. LIABILITY 19. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND LICENSOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, Form 424; Rev. 04/26/05 -6- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 11 11 11 111 1 1 1 Law Department Approved #11-3028 BF#: LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (i) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, (iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES, (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR CONTRIBUTED BY LICENSEE, OR (v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. (b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE PIPELINE FOR THE PURPOSES OF CERCLA OR OTHER 7 Form 424; Rev. 04/26/05 Law Depart,' ent Approved #11-3028 BF#: LeC '7j0 G? (c) ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. LICENSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, AND SHALL CAUSE ITS CONTRACTOR TO AGREE REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, OR CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. (d) Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. PERSONAL PROPERTY WAIVER 20. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL Form 424; Rev. 04/26/05 -8- 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 11 11 11 11 11 11 ti Law Depaitn,ent Approved #11-3028 BF#: (, 308 BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. INSURANCE 21. Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: • Bodily Injury and Property Damage • PersonaI Injury and Advertising Injury • Fire legal liability • Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: • The employee and workers compensation related exclusions in the above policy shall not apply with respect to claims related to railroad employees. • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage may be included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: a Bodily injury and property damage • Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability Insurance. This insurance shall include coverage for, but not limited to: • Licensee's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. D. Railroad Protective Liability Insurance. This insurance shall name only the Licensor as the Insured with coverage of at least $5,000,000 per occurrence and Foran 424; Rev. 04/26/05 -9- Law Department Approved #11-3028 BF#: 1 p Cy30o> $10,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the PIPELINE. THE CONSTRUCTION OF THE PIPELINE SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the PIPELINE is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to include Evacuation Expense Coverage Endorsement. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Licensor prior to performing any work or services under this Agreement. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $ ❑ I elect to participate in Licensor's Blanket Policy; ❑ I elect not to participate in Licensor's Blanket Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Licensee agrees to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, its insurers, through policy endorsement, waive their right of subrogation against Licensor for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody, or control. Licensee's insurance policies through policy endorsement must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by Licensor. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation, Contractor's Pollution Legal Liability and if applicable, Railroad Protective) shall include a severability of interest endorsement and shall name Licensor and Iron Horse Development, LLC as an additional insured with respect to work performed under this agreement. Severability of Form 424; Rev. 04/26/05 -10- 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 Law Department Approved #11-3028 BF#: (C C 3 a 1 interest and naming Licensor and Iron Horse Development, LLC as additional insureds shall be indicated on the certificate of insurance. Licensee is not allowed to self -insure without the prior written consent of Licensor. If granted by Licensor, any deductible, self-insured retention or other financial responsibility for claims shall be covered directly by Licensee in lieu of insurance. Any and all Licensor liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Licensee's insurance will be covered as if Licensee elected not to include a deductible, self-insured retention, or other financial responsibility for claims. Prior to commencing the Work, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. In the event of a claim or lawsuit involving Railroad arising out of this agreement, Licensee will make available any required policy covering such claim or lawsuit. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Licensee represents that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Licensor may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee's obligations hereunder. Form 424; Rev. 04/26/05 - 11 - Law Department Approved #11-3028 BF#: (pCj 30 The fact that insurance (including, without limitation, self-insurance) is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. For purposes of this section, Licensor shall mean `Burlington Northern Santa Fe Corporation", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. ENVIRONMENTAL 22. (a) Licensee shall strictly comply with all federal, state and local environmental laws and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA (collectively referred to as the "Environmental Laws"). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. (b) Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on or from the Premises. Licensee also shall give Licensor immediate notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws arising in any way with respect to the PIPELINE which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way. (d) Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises known to Licensee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly Form 424; Rev. 04/26/05 - 12 - 111 IIE 1 Law Department Approved # 11-3028 BF#: (p 300 respond to Licensor's request for information regarding said conditions or activities. ALTERATIONS 23. Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's prior written consent. NO WARRANTIES 24. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUIET ENJOYMENT 25. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. DEFAULT 26. If default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedy set forth in this Section 26 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. LIENS AND CHARGES 27. Licensee shall promptly pay and discharge any and all Liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to Premises that is or may he permitted by law to prevent the attachment Form 424; Rev. 04/26/05 - 13 - Law Department Approved #11-3028 BF#: -7j© of any such liens to Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 27 or any other Section of this License. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi -governmental body or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements. TERMINATION 28. This License may be terminated by Licensor, at any time, by serving thirty (30) days' written notice of termination upon Licensee. This License may be terminated by Licensee upon execution of Licensor's Mutual Termination Letter Agreement then in effect. Upon expiration of the time specified in such notice, this License and all rights of Licensee shall absolutely cease. 29. If Licensee fails to surrender to Licensor the Premises, upon any termination of this License, all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered. Termination shall not release Licensee from any liability or obligation, whether of indemnity or otherwise, resulting from any events happening prior to the date of termination. ASSIGNMENT 30. Neither Licensee, nor the heirs, legal representatives, successors, or assigns of Licensee, nor any subsequent assignee, shall assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor, which may be withheld in Licensor's sole discretion. NOTICES 31. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. If to Licensor: BNSF Railway Company 2500 Lou Menk Dr. — AOB3 Fort Worth, TX 76131 Attn: Senior Manager Real Estate - 14 - Form 424; Rev. 04/26/05 1 1 11 11 11 1 1 1 1 1 1 1 1 1 1 1 Law Department Approved #1I -3028 BF#: (n�3OP) with a copy to: Iron Horse Development, LLC 111 University Parkway, Suite 200 Yakima, WA 98901 If to Licensee: City of Yakima 204 West Pine Street Yakima,WA 98902 SURVIVAL 32. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the PIPELINE and improvements are removed and the Premises are restored to its condition as of the Effective Date. RECORDATION 33. It is understood and agreed that this License shall not be placed on public record. APPLICABLE LAW 34. All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the State of Washington without regard to conflicts of law provisions. SEVERABILITY 35. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. INTEGRATION 36. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties. Form 424; Rev. 04/26105 - 15 - Law Department Approved MISCELLANEOUS #I 1-3028 BF#: lx c)(--)(2) 37. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein container[ shall be the joint and several covenants and agreements of such parties. 38. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof Iron Horse Development, LLC is acting as representative for BNSF Railway Company. IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. BNSF RAILWAY COMPANY By: \AA Stephen M K4I7mA Manager - Land Revenue Manaoamgnf CITY OF YAHIMA 204 West Pine Street Yakima,WA 98902 By: Title: <7 r'/;tl t; :677 /L(, n rL I -' - 16 CITY CONTRAC r NOZ /' 2 -� RESOLUTION NO:Z61 2 -c) Form 424; Rev. 04/26/05 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TRACKING NO. 11-3028 EXHIBIT 'AM ATTACHED TO CONTRACT BETWEEN BNSF RAILWAY COMPANY AND CITY OF YAKIMA SECTION: 13 NQ /0 - SCALE: t IN.= lin FT. TOWNSHIP: 13N WA -02 ,I NORTHWEST DIV. RANGE. 18E 23 YAKIMA VALLEY SUBDIV. L.S. 0048 IERIDIAN: WILLM DATE 12/05/2011 az f/ . PROPERTY LINE—\\/% - tef I .n / ..- _ 1- 4. ru v woman Ad: T NO. IN Etc! -DATE "� TD WAS *lGTON CENTRAL RALROAD Gv rK% DATE 07-29-1986 `t' CT FROM 0.929 TO MP 14.017 WITH E7fCEPTJON3. SUBJET IleF93ER OPTiC RI6FITS. f A v r t •'` ' rte ,, � - - 1K. P, j eleq, MP 90,68 ES 4780*60 - --✓ '- • -- 144.4.— a -. �° 34-4.7 I d let.i.loommammum7e-�..........?........4 - -..• _ =11"i11.::�.r ✓ - - i.-4":";.1•. - 6ei"r ti M1 d: '-Q 2 . 8 6'. 3 / r 4 / 430' ' 44:: • ., J of 4.73.9 a �- -- - 3,...;- Wil, '-° _ Inti - S ELL`.' 's1 ill,'rAwy-r��TO T. I - DESCRIPTION OF PIPELINE PROPERTY UNE PIPELINE SHOWN BOLD CARRIER CASING CARRIER CASING PIPE PIPE PIPE PIPE SIZE:a 24" LENGTH ON R/W: 300' 300' IND STE CONTENTS: WORKING PRESSURE; 50 PSI PIPE MATERIAL: STEEL BURY: BASE/RAIL TO TOP OF CASING 5.5' SPECIFICATION/GRADE: SDR 1g SCH 22 BURY: NATURAL GROUND _ WALL THICKNESS: 0.267 0.375 BURY: ROADWAY DITCHES 4.5 COATING: - - CATHODIC PROTECTION YES VENTS: NUMBER _2___ SIZE HEIGHT OF VENT ABOVE GROUND ' _ NOTE: CASING TO SE JACKED OR DRY BORED ONLY 'AT YAKIMA COUNTY OF YAK I MA STATE OF WA Jw0 I DRAWING NO. 1-53377 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Law Department Approved #11-3029 BF#:(JS3t� PIPELINE LICENSE THIS LICENSE ("License"), made as of the 15' day of I1/`( , 2012 ("Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and CITY OF YAKIMA, a Washington municipality, ("Licensee"). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process (the "Drawings and Specifications"), one (1) Pipeline, 6 inches in diameter inside a 24 inch steel casing ("PIPELINE"), across or along the rail corridor of Licensor at or near the station of Yakima, County of Yakima, State of Washington, Line Segment 0048, Mile Post 90.68 as shown on the attached Drawing No. 1-53378, dated 12/5/2011, attached hereto as Exhibit "A" and made a part hereof ("Premises"). 2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, Licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such improvements. 3. Licensee shall use the Premises solely for construction and maintenance of a PIPELINE in accordance with the Drawings and Specifications carrying industrial waste. Licensee shall not use the PIPELINE to carry any other commodity or use the Premises for any other purpose. Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body through the PIPELINE on Licensor's property. Licensee agrees periodically to furnish Licensor with proof, satisfactory to Licensor that Licensee is in such compliance. Should Licensee not comply fully with the above -stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Licensor may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. Upon termination, Licensee shall remove the PIPELINE and restore Licensor's property as herein elsewhere provided. 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in -1- Form 424; Rev. 04/26/05 Law Department Approved #11-3029 BF#: (J Gj the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor shall not be liable to refund Licensee any compensation paid hereunder, except for the pro -rata part of any recurring charge paid in advance, or for any damage Licensee sustains in connection therewith. 5. Any contractors or subcontractors performing work on the PIPELINE or entering the Premises on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License. TERM 6. This License shall commence on the Effective Date and shall continue for a period of twenty-five (25) years, subject to prior termination as hereinafter described. COMPENSATION 7. (a) Licensee shall pay Licensor, prior to the Effective Date, the sum of Twenty Five Hundred Dollars and No/100 ($2,500.00) as compensation for the use of the Premises. (b) Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills therefor) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction and maintenance of the PIPELINE, including but not limited to the furnishing of Licensor's Flagman and any vehicle rental costs incurred. The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by the Licensee. The estimated cost for one (1) flagger is $600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals, lodging and supervision. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. The flagging rate in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. (c) All invoices are due thirty (30) days after the date of invoice. In the event that Licensee shall fail to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid sum from thirty (30) days after its invoice date to the date of payment by Licensee at an annual rate equal to (i) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2 1/2%), and for the period July 1 through December 31, the prime rate last published in The Wall Street Journal in the Form 424; Rev. 04/26/05 -2- Law Department Approved #11-3029 8F#: OP, 313 preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent (12%), or (ii) the maximum rate permitted by law, whichever is less. COMPLIANCE WITH LAWS 8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance, and use of the PIPELINE and the use of the Premises. (b) Prior to entering the Premises, Licensee shall and shall cause its contractor to comply with all Licensor's applicable safety rules and regulations. .Prior to commencing any work on the Premises, Licensee shall complete and shall require its contractor to complete the safety -training program at the following Internet Website "http://contractororientation.com". This training must be completed no more than one year in advance of Licensee's entry on the Premises. DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, "cost' or "costs" "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. RIGHT OF LICENSOR TO USE 10. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor: (a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication lines and appurtenances and other facilities or structures of like character upon, over, under or across the Premises; (b) to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; or (c) to use the Premises in any manner as the Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 3 above. LICENSEE'S OPERATIONS 11. (a) Licensee shall notify Licensor's Roadmaster, Andy Vulgas at 602 West 3rd Street, Ellensburg, WA 98926, telephone 206-625-6880, at least five (5) business days Form 424; Rev. 04/26/05 -3- Law Department Approved #11-3029 BF#: (1/ -77 prior to installation of the PIPELINE and prior to entering the Premises for any subsequent maintenance thereon. (b) In performing the work described in Section 3, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. 12. (a) Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. Licensee shall, at its sole cost and expense, construct and maintain the PIPELINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. Licensor may direct one of its field engineers to observe or inspect the construction and/or maintenance of the PIPELINE at any time for compliance with the Drawings and Specifications. If ordered at any time to halt construction or maintenance of the PIPELINE by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the PIPELINE, it being solely Licensee's responsibility to ensure that the PIPELINE is constructed in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise nor the failure by Licensor to exercise any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section, Licensor may, at its option and at Licensee's sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such work, upon receipt of an invoice for the same. (b) -4- Form 424; Rev. 04/26/05 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Law Department Approved #1 1-3029 BF#: L/ 7.77 L 7 Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 13. During the construction and any subsequent maintenance performed on the PIPELINE, Licensee shall perform such work in a manner to preclude damage to the property of Licensor, and preclude interference with the operation of its railroad. The construction of the PIPELINE shall be completed within one (1) year of the Effective Date. Upon completion of the construction of the PIPELINE and after performing any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore Licensor's Premises to their former state as of the Effective Date of this License. 14. If at any time during the term of this License, Licensor shall desire the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the PIPELINE, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from Licensor to such effect, make such changes in the PIPELINE as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the existing or the construction of new a PIPELINE(s). 15. (a) Prior to Licensee conducting any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Upon Licensee's written request, which shall be made thirty (30) business days in advance of Licensee's requested construction of the PIPELINE, Licensor will provide Licensee any information that Licensor has in the possession of its Engineering Department concerning the existence and approximate location of Licensor's underground utilities and pipelines at or near the vicinity of the proposed PIPELINE. Prior to conducting any such boring work, the Licensee will review all such material. Licensor does not warrant the accuracy or completeness of information relating to subsurface conditions and Licensee's operations will be subject at all times to the liability provisions herein. (b) For all bores greater than 26 -inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be performed by the Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable opinion that granular material is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and -5- Form 424; Rev. 04/26/05 Law Department Approved #11-3029 BF#: (p approval, in its sole discretion a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at its sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 16. Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout; or (b) otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated materials may remain on Licensor's property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable Legal Requirements. 17. Upon termination of this License, Licensee shall, at its sole cost and expense: (a) remove the PIPELINE and all appurtenances thereto, or, at the sole discretion of the Licensor, fill and cap or otherwise appropriately decommission the PIPELINE with a method satisfactory to Licensor; 1 1 1 1 1 1 1 1 1 (b) report and restore any damage to the Premises ansing from, growing out of, or C. connected with Licensee's use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Licensee; and (d) leave the Premises in the condition which existed as of the Effective Date of this License. 18. Licensee's on-site supervisions shall retain/maintain a fully executed copy of this License at all times while on the Premises. LIABILITY 19. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND LICENSOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, Form 424; Rev. 04/26/05 -6- 1 1 1 1 1 1 1 1 1 Law Department Approved #11-3029 BF#: (,{ Gj 31 , LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (i) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, (iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES, (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR CONTRIBUTED BY LICENSEE, OR (v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. (b) FURTHER, TO THE FULLEST EXTENT PERMIT FED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE SHALL AND SHALL CAUSE ITS CONTRACTOR TO NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE PIPELINE FOR THE PURPOSES OF CERCLA OR OTHER Foran 424; Rev, 04/26/05 -7- Law Department Approved (c) #11-3029 BF#: (;e' 7*- f �? ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. LICENSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, AND SHALL CAUSE ITS CONTRACTOR TO AGREE REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, OR CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. (d) Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. PERSONAL PROPERTY WAIVER 20. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL Form 424; Rev. 04/26/05 -8- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Law Department Approved #11-3029 BF#: (, • 7' BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. INSURANCE 21. Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: ♦ Bodily Injury and Property Damage • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: • The employee and workers compensation related exclusions in the above policy shall not apply with respect to claims related to railroad employees. • The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Any exclusions related to the explosion, collapse and underground hazards shall be removed. No other endorsements limiting coverage may be included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: • Bodily injury and property damage • Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability Insurance. This insurance shall include coverage for, but not limited to: • Licensee's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. D. Railroad Protective Liability Insurance. This insurance shall name only the Licensor as the Insured with coverage of at least $5,000,000 per occurrence and Form 424; Rev. 04/26/05 - 9 - Law Department Approved #11-3029 BF#: (tGl?J( $10,000,000 in the aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the PIPELINE. THE CONSTRUCTION OF THE PIPELINE SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the PIPELINE is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to include Evacuation Expense Coverage Endorsement. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Licensor prior to performing any work or services under this Agreement. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $ O I elect to participate in Licensor's Blanket Policy; ❑ I elect not to participate in Licensor's Blanket Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Licensee agrees to waive its right of recovery against Licensor for all claims and suits against Licensor. In addition, its insurers, through policy endorsement, waive their right of subrogation against Licensor for all claims and suits. The certificate of' insurance must reflect waiver of subrogation endorsement. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody, or control. Licensee's insurance policies through policy endorsement must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by Licensor. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation, Contractor's Pollution Legal Liability and if applicable, Railroad Protective) shall include a severability of interest endorsement and shall name Licensor and Iron Horse Development, LLC as an additional insured with respect to work performed under this agreement. Severability of Form 424; Rev. 04/26/05 - 10 - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Law Department Approved #11-3029 BF#: LQ"7 I interest and naming Licensor and Iron Horse Development, LLC as additional insureds shall be indicated on the certificate of insurance. Licensee is not allowed to self -insure without the prior written consent of Licensor. If granted by Licensor, any deductible, self-insured retention or other financial responsibility for claims shall be covered directly by Licensee in lieu of insurance. Any and all Licensor liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Licensee's insurance will be covered as if Licensee elected not to include a deductible, self-insured retention, or other financial responsibility for claims. Prior to commencing the Work, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. In the event of a claim or lawsuit involving Railroad arising out of this agreement, Licensee will make available any required policy covering such claim or lawsuit. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Licensee represents that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Licensor may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee's obligations hereunder. Form 424; Rev. 04/26/05 Law Department Approved #11-3029 BF#: U5 The fact that insurance (including, without limitation, self-insurance) is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. For purposes of this section, Licensor shall mean "Burlington Northern Santa Fe Corporation", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. ENVIRONMENTAL 22. (a) Licensee shall strictly comply with all federal, state and local environmental laws and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA (collectively referred to as the "Environmental Laws"). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. (b) Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on or from the Premises. Licensee also shall give Licensor immediate notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws arising in any way with respect to the PIPELINE which occurred or may occur during the term of this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way. (d) Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises known to Licensee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly Foran 424; Rev, 04/26/05 -12- Law Department Approved #11-3029 BF#: L/tj?jl �j respond to Licensor's request for information regarding said conditions or activities. ALTERATIONS 23. Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's prior written consent. NO WARRANTIES 24. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUIET ENJOYMENT 25. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. DEFAULT 26. If default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedy set forth in this Section 26 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. LIENS AND CHARGES 27. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to Premises that is or may be permitted by law to prevent the attachment Form 424; Rev. 04/26/05 - 13 - Law Department Approved #11-3029 BF#: Ql Cj I of any such liens to Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 27 or any other Section of this License. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi -governmental body or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements. TERMINATION 28. This License may be terminated by Licensor, at any time, by serving thirty (30) days' written notice of termination upon Licensee. This License may be terminated by Licensee upon execution of Licensor's Mutual Termination Letter Agreement then in effect. Upon expiration of the time specified in such notice, this License and all rights of Licensee shall absolutely cease. 29. If Licensee fails to surrender to Licensor the Premises, upon any termination of this License, all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered. Termination shall not release Licensee from any liability or obligation, whether of indemnity or otherwise, resulting from any events happening prior to the date of termination. ASSIGNMENT 30. Neither Licensee, nor the heirs, legal representatives, successors, or assigns of Licensee, nor any subsequent assignee, shall assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor, which may be withheld in Licensor's sole discretion. NOTICES 31. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United Statcs mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. If to Licensor: BNSF Railway Company 2500 Lou Menk Dr. — AOB3 Fort Worth, TX 76131 Attn: Senior Manager Real Estate -14- Form 424; Rev, 04/26/05 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Law Department Approved with a copy to: Iron Horse Development, LLC 111 University Parkway, Suite 200 Yakima, WA 98901 If to Licensee: City of Yakima 204 West Pine Street Yakima,WA 98902 SURVIVAL #11-3029 BF#: (r2C7 �7 I 32. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the PIPELINE and improvements are removed and the Premises are restored to its condition as of the Effective Date. RECORDATION 33. It is understood and agreed that this License shall not be placed on public record. APPLICABLE LAW 34. All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the State of Washington without regard to conflicts of law provisions. SEVERABILITY 35. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. INTEGRATION 36. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties. Form 424; Rev. 0406!05 - 15 - Law Department Approved #1I-3029 BF#: ()L731 �j- MISCELLANEOUS 37. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of'such parties. 38. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof: Iron 1-lorse Development, LLC is acting as representative for BNSF Railway Company. IN WITNESS WHEREOF', this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. BNSF RAILWAY COMPANY By: Stt rtn--M—Kuama Manager - Land Revenue Management CITY OF YAKIMA 204 West Pine Street Yakima,WA 98902 By: Title: -F1t ;r'°7r31 - -16- CITY CONTRACrNO1- '` /S RESOLUTION NO: Je0 '� Forni 424; Rev, 04(26/05 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TRACKING NO. 11-3029 ATTACHED BNSF CITY SCALE: 1 IN.= 100 FT. EXHIBIT RAILWAY 'A' TO CONTRACT BETWEEN COMPANY AND OF YAKIMA NP R} SECTION• TOWNSHIP: 13N WA -02 NORTHWEST DIV. RANGE: 18E YAK IMA VALLEY SUBDIV. L.S 0048 MERIDIAN: WILLM DATE 12/05/2011 4' +' PROPERTY LINE 1, . 4 c, .a 4i • NOTES ALL R/W UNDER AGREEMENT NO. BN 11583,S-11183 — TO WASHINGTON CENTRAL RALROAD CO. INC. DATE 07-29-1980 �� FROM IP 0.029 TO MP 14.017 WITH EXCEPTIONS. SUBJECT TO FUER OPTIC RIGHTS. :;•• 1*1,F''Ti�t+ MP 90.68 ES 4780*60 J / a Ili .,—` ^ Lds X3.3 i ::.:N - - TO "+ �,:; 11=7e ! " Inivii. • 4' .--rg -341:t. L 1 . DESCRIPTION OF PIPELINE PROPERTY LINE PIPELINE SHOWN BOLD CARRIER CASING CARRIER CASING PIPE PIPE PIPE PIPE SIZE: 6" 24" LENGTH ON RAY:300'300' CONTENTS: INDUSTRIAL WASTE WORKING PRESSURE: 50PSI PIPE MATERIAL: SPECIFICATION/GRADE: -� WALL THICKNESS: 0.383 BURY: BASE/RAIL TO TOP OF CASING mss.,.. -SC BURY: NATURAL GROUND 4.5 0.375 BURY: ROADWAY DITCHES 4.5' COATING: - - CATHODIC PROTECTION YES VENTS: NUMBER -_2 SIZE " HEIGHT OF VENT ABOVE GROUND _It. ONLY STATE OF WA JWD NOTE: CASING TO BE JACKED OR DRY BORED AT YAKIMA COUNTY OF YAKIMA DRAWING NO. 1-53378 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 APPENDIX B AMENDMENTS TO THE 2012 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS G \PROJECTS\2012\12076\SPEC\12076 Specifications.Docx 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INTRO.AP1 2 INTRODUCTION 3 The following Amendments and Special Provisions shall be used in conjunction with the 4 2012 Standard Specifications for Road, Bridge, and Municipal Construction. 5 6 AMENDMENTS TO THE STANDARD SPECIFICATIONS 7 8 The following Amendments to the Standard Specifications are made a part of this contract 9 and supersede any conflicting provisions of the Standard Specifications. For informational 10 purposes, the date following each Amendment title indicates the implementation date of the 11 Amendment or the latest date of revision. 12 13 Each Amendment contains all current revisions to the applicable section of the Standard 14 Specifications and may include references which do not apply to this particular project. 15 16 1-01.AP1 "17 Section 1-01, Definition and Terms 18 August 6, 2012 19 1-01.3 Definitions 20 The definition for "Bid Documents" is revised to read: 21 22 The component parts of the proposed Contract which may include, but are not limited 23 to, the Proposal Form, the proposed Contract Provisions, the proposed Contract Plans, 24 Addenda, and, for projects with Contracting Agency subsurface investigations, the 25 Summary of Geotechnical Conditions and subsurface boring Togs (if any). 26 27 The definition for "Superstructures" is revised to read: 28 29 The part of the Structure above. 30 31 1. The bottom of the grout pad for the simple and continuous span bearing, or 32 33 2. The bottom of the block supporting the girder, or 34 35 3. Arch skewback and construction joints at the top of vertical abutment members 36 or rigid frame piers. 37 38 Longitudinal limits of the Superstructure extend from end to end of the Structure in 39 accordance with the following criteria. 40 41 1. From the face of end diaphragm abutting the bridge approach embankment for 42 end piers without expansion joints, or 43 44 2. From the end pier expansion joint for bridges with end pier expansion joints. 45 46 Superstructures include, but are not limited to, the bottom slab and webs of box girders, 47 the bridge deck and diaphragms of all bridges, and the sidewalks when shown on the 48 bridge deck. The Superstructure also includes the girders, expansion joints, bearings, 49 barrier, and railing attached to the Superstructure when such Superstructure AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 1 1 components are not otherwise covered by separate unit measured or lump sum bid 2 items. 3 4 Superstructures do not include endwalls, wingwalls, barrier and railing attached to the 5 wingwalls, and cantilever barriers and railings unless supported by the Superstructure. 6 7 1-02.AP1 8 Section 1-02, Bid Procedures and Conditions 9 January 2, 2012 10 1-02.4(2) Subsurface Information 11 The first two sentences in the first paragraph are revised to read: 12 13 If the Contracting Agency has made subsurface investigation of the site of the proposed 14 work, the boring log data, soil sample test data, and geotechnical recommendations 15 reports obtained by the Contracting Agency will be made available for inspection by the 16 Bidders at the location specified in the Special Provisions. The Summary of 17 Geotechnical Conditions, as an appendix to the Special Provisions, and the boring logs 18 shall be considered as part of the Contract. 19 20 1-03.AP1 21 Section 1-03, Award and Execution of Contract 22 April 2, 2012 23 1-03.1(1) Tied Bids 24 This section's title is revised to read: 25 26 1-03.1(1) Identical Bid Totals 27 28 1-05.AP1 29 Section 1-05, Control of Work 30 August 6, 2012 31 1-05.13(1) Emergency Contact List 32 The second sentence in the first paragraph is revised to read: 33 34 The list shall include, at a minimum, the Prime Contractor's Project Manager, or 35 equivalent, the Prime Contractor's Project Superintendent, the Erosion and Sediment 36 Control (ESC) Lead and the Traffic Control Supervisor 37 38 1-07.AP1 39 Section 1-07, Legal Relations and Responsibilities to the Public 40 June 4, 2012 41 1-07.1 Laws to be Observed 42 The following two sentences are inserted after the first sentence in the third paragraph: 43 44 In particular the Contractor's attention is drawn to the requirements of WAC 296.800 45 which requires employers to provide a safe workplace. More specifically WAC 46 296.800.11025 prohibits alcohol and narcotics from the workplace. 47 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1-08.AP1 2 Section 1-08, Prosecution and Progress 3 April 2, 2012 4 1-08.1 Subcontracting 5 In the eighth paragraph, "Contracting Agency" is revised to read "WSDOT" 6 7 1-08.3(1) General Requirements 8 The following new paragraph is inserted after the first paragraph: 9 10 Total float belongs to the project and shall not be for the exclusive benefit of any party. 11 12 1-08.7 Maintenance During Suspension 13 The second paragraph is revised to read: 14 15 At no expense to the Contracting Agency, the Contractor shall provide through the 16 construction area safe, smooth, and unobstructed roadways and pedestrian access 17 routes for public use during the suspension (as required in Section 1-07.23 or the 18 Special Provisions.) This may include a temporary road, alternative pedestrian access 19 route or detour. 20 21 1-09.AP1 22 Section 1-09, Measurement and Payment 23 August 6, 2012 24 1-09.1 Measurement of Quantities 25 The following new sentence is inserted after the sentence ""Ton":2,000 pounds of 26 avoirdupois weight": 27 28 Items of payment that have "Lump Sum" or "Force Account" in the Bid Item of Work 29 shall have no specific unit of measurement requirement. 30 31 1-09.2(5) Measurement 32 The second sentence in the first paragraph is revised to read: 33 34 The frequency of verification checks will be such that at least one test weekly is 35 performed for each scale used in weighing contract items of Work. 36 37 3-04.AP3 38 Section 3-04, Acceptance of Aggregate 39 April 2, 2012 40 41 42 43 44 45 46 47 48 3-04.3(7)D4 An Entire Lot The last sentence is deleted. 3-04.5 Payment In the second paragraph, the reference "Section 3-04.3(6)C " is revised to read "Section 3- 04.3(8)". In Table 1, the row containing the item "Gravel Borrow for Geosynthetic Retaining Wall" is revised to read: AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 3 9-03.14(4) Gravel Borrow for Geosynthetic 4000 2000 $30 $60 Retaining Wall 2 3 4 5 5-01.AP5 6 Section 5-01, Cement Concrete Pavement Rehabilitation 7 April 2, 2012 8 5-01.3(2)B Portland Cement Concrete 9 The fifth sentence in the third paragraph is revised to read: 10 11 The lower Specification limit for compressive strength shall be 4,000 -psi. 12 13 The last two sentences in the third paragraph are deleted. 14 15 5-01.3(11) Concrete Slurry 16 This section including title is revised to read. 17 18 5-01.3(11) Concrete Slurry and Grinding Residue 19 All concrete slurry and grinding residue shall be removed from the pavement surface on 20 a continual basis immediately behind the grinding or cutting operations. Slurry shall not 21 be allowed to drain into an area open to traffic, off of the paved surface or into any 22 drainage structure. 23 24 The Contractor shall collect the concrete slurry and grinding residue from the pavement 25 surface and dispose of it in accordance with Section 2-03 3(7)C. 26 27 Opening to traffic shall meet the requirements of Section 5-05.3(17). 28 29 5-02.AP5 30 Section 5-02, Bituminous Surface Treatment 31 August 6, 2012 32 5-02.2 Materials 33 The following new paragraph is inserted after the second paragraph: 34 35 Each source of aggregate for bituminous surface treatment shall be evaluated 36 separately for acceptance in accordance with Section 3-04. 37 38 5-04.AP5 39 Section 5-04, Hot Mix Asphalt 40 August 6, 2012 41 5-04.3(10)B3 Longitudinal Joint Density 42 The section including title is revised to read: 43 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 4 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i t 1 1 1 f 1 5-04.3(10)B3 Vacant 2 3 5-04.3(11)D General 4 The last sentence in the first paragraph is deleted. 5 6 6-02.AP6 7 Section 6-02, Concrete Structures 8 August 6, 2012 9 6-02.3(2) Proportioning Materials 10 The Lean Concrete value in the column "Minimum Cemetitious Content (pounds)" in the 11 table titled "Cementitious Requirement for Concrete" is revised to read: 12 13 ****145 14 15 The following new note is inserted after the note "*** No maximum specified" in the table 16 titled "Cementitious Requirement for Concrete": 17 18 ****Maximum of 200 pounds 19 20 6-02.3(2)B Commercial Concrete 21 The second paragraph is revised to read: 22 23 Where concrete Class 3000 is specified for items such as, culvert headwalls, plugging 24 culverts, concrete pipe collars, pipe anchors, monument cases, Type PPB, PS, I, FB 25 and RM signal standards, pedestals, cabinet bases, guardrail anchors, fence post 26 footings, sidewalks, curbs, and gutters, the Contractor may use commercial concrete. If 27 commercial concrete is used for sidewalks, curbs, and gutters, it shall have a minimum 28 cementitious material content of 564 pounds per cubic yard of concrete, shall be air 29 entrained, and the tolerances of Section 6-02.3(5)C shall apply. 30 31 6-02.3(2)D Lean Concrete 32 This section is revised to read: 33 34 Lean concrete shall meet the cementitious requirements of Section 6-02.3(2) and have 35 a maximum water/cement ratio of 2. 36 37 6-02.3(14)C Pigmented Sealer for Concrete Surfaces 38 This section is revised to read. 39 40 The Contractor shall submit the pigmented sealer manufacturer's written instructions 41 covering, at a minimum, the following. 42 43 1. Surface preparation 44 45 2. Application methods 46 47 3. Requirements for concrete curing prior to sealer application 48 49 4. Temperature, humidity and precipitation limitations for application 50 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 5 1 5. Rate of application and number of coats to apply 2 3 The Contractor shall not begin applying pigmented sealer to the surfaces specified to 4 receive the sealer until receiving the Engineer's approval of the submittal 5 6 All surfaces specified in the Plans to receive pigmented sealer shall receive a Class 2 7 surface finish (except that concrete barrier surfaces shall be finished in accordance with 8 Section 6-02.3(11)A). The Contractor shall not apply pigmented sealer from a batch 9 greater than 12 months past the initial date of color sample approval of that batch by the 10 Engineer. 11 12 The pigmented sealer color or colors for specific concrete surfaces shall be as specified 13 in the Special Provisions. 14 15 The final appearance shall be even and uniform without blotchiness, streaking or 16 uneven color. Surface finishes deemed unacceptable by the Engineer shall be re - 17 coated in accordance with the manufacturer's recommendations at no additional 18 expense to the Contracting Agency. 19 20 For concrete surfaces such as columns, retaining walls, pier walls, abutments, concrete 21 fascia panels, and noise barrier wall panels, the pigmented sealer shall extend to 1 foot 22 below the finish ground line, unless otherwise shown in the Plans. 23 24 6-02.3(16) Plans for Falsework and Formwork 25 Item No. 4 in the seventh paragraph is revised to read: 26 27 4. Conditions required by other Sections of 6-02 3(17), Falsework and Formwork. 28 29 Item's No. 5, 6, 7, and 8 in the seventh paragraph are deleted. 30 31 The following paragraph is inserted after the seventh paragraph: 32 33 Plan approval can be done by the Project Engineer for footings and walls 4 to 8 feet high 34 (excluding pedestal height) provided: 35 36 1. Concrete placement rate is 4 feet per hour or less. 37 38 2. Facing is %-inch plywood with grades as specified per Section 6-02.3(17)1. 39 40 3. Studs, with plywood face grain perpendicular, are 2 by 4's spaced at 12 inches. 41 42 4. Walers with 3,000 pound safe working load ties spaced at 24 inches are two 2 by 43 4's spaced at 24 inches. 44 45 6-02.3(17)F Bracing 46 In the first paragraph, the phrase "per Section 6-02.3(17)1" is revised to read "in accordance 47 with Section 6-02.3(17)1". 48 49 This section is supplemented with the following new sub -section: 50 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 6 1 1 1 1 1 1 1 1 1 a 1 f 1 1 1 1 1 1 1 1 1 1 1 6-02.3(17)F5 Temporary Bracing for Bridge Girders During Diaphragm and 2 Bridge Deck Concrete Placement 3 Prestressed concrete girders shall be braced to resist forces that would cause rotation 4 or torsion in the girders caused by the placing of precast concrete deck panels and 5 concrete for the bridge deck. 6 7 Bracing shall be designed and detailed by the Contractor and shall be shown in the 8 falsework/formwork plans submitted to the Engineer for approval. These braces shall be 9 furnished, installed, and removed by the Contractor at no additional cost to the 10 Contracting Agency. The Contractor may consider the bracing effects of the 11 diaphragms in developing the falsework/formwork plans. The Contractor shall account 12 for the added load from concrete finishing machines and other construction loadings in 13 the design of the bracing. 14 15 Falsework support brackets and braces shall not be welded to structural steel bridge 16 members or to steel reinforcing bars. 17 18 6-02.3(17)F4 Temporary Bracing for Bridge Girders 19 This section including title is revised to read: 20 21 6-02.3(17)F4 Temporary Bracing for Bridge Girders During Erection 22 Steel girders shall be braced in accordance with Section 6-03.3(7)A. 23 24 Prestressed concrete girders shall be braced sequentially during girder erection. The 25 bracing shall be designed and detailed by the Contractor and shall be shown in the 26 falsework/formwork plans submitted to the Engineer for approval. The Contractor shall 27 furnish, install, and remove the bracing at no additional cost to the Contracting Agency. 28 29 At a minimum, the Contractor shall brace girders at each end and at midspan to prevent 30 lateral movement or rotation This bracing shall be placed prior to the release of each 31 girder from the erection equipment. If the bridge is constructed with cast -in-place 32 concrete diaphragms, the bracing may be removed once the concrete in the 33 diaphragms has been placed and cured for a minimum of 24 hours. 34 35 6-02.3(17)H Formwork Accesories 36 The first paragraph is deleted and replaced with the following two new paragraphs - 37 38 Formwork accessories such as form ties, form anchors, form hangers, anchoring 39 inserts, and similar hardware shall be specifically identified in the formwork plans 40 including the name and size of the hardware, manufacturer, safe working load, and 41 factor of safety The grade of steel shall also be indicated for threaded rods, coil rods, 42 and similar hardware. Wire form ties shall not be used Welding or clamping formwork 43 accessories to Contract Plan reinforcing steel will not be allowed. Driven types of 44 anchorages for fastening forms or form supports to concrete, and Contractor fabricated 45 "J" hooks shall not be used. Field drilling of holes in prestressed girders is not allowed 46 47 Taper ties may be used provided the following conditions are met: 48 49 1. The structure is not designed to resist water pressure (pontoons, floating 50 dolphins, detention vaults, etc.) 51 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 7 1 2. After the taper tie is removed, plugs designed and intended for plugging taper 2 tie holes shall be installed at each face of concrete. The plug shall be installed 3 a minimum of 1 '/2" clear from the face of concrete. 4 5 3 After the plug is installed, the hole shall be cleaned of all grease, 6 contamination and foreign matter. 7 8 4. Holes on the exposed faces of concrete shall be patched and finished to match 9 the surrounding concrete. 10 11 6-02.3(25)N Prestressed Concrete Girder Erection 12 The third sentence in the fifth paragraph is revised to read: 13 14 The girders shall be braced in accordance with Sections 6-02.3(17)F4 and 6- 15 02.3(17)F5. 16 17 6-02.3(26)E5 Leak Tightness Testing 18 The first sentence in the first paragraph is revised to read: 19 20 The Contractor shall test each completed duct assembly for leak tightness after placing 21 concrete but prior to placing post tensioning reinforcement. 22 23 The second paragraph is revised to read: 24 25 Prior to testing, all grout caps shall be installed and all vents, grout injection ports, and 26 drains shall either be capped or have their shut-off valves closed The Contractor shall 27 pressurize the completed duct assembly to an initial air pressure of 50 psi. This 28 pressure shall be held for five minutes to allow for internal adjustments within the 29 assembly. After five minutes, the air supply valve shall be closed. The Contractor shall 30 monitor and measure the pressure maintained within the closed assembly, and any 31 subsequent Toss of pressure, over a period of one minute following the closure of the air 32 supply valve The maximum pressure loss for duct assemblies equal to or less than 33 150 feet in length shall be 25 psig. The maximum pressure loss for duct assemblies 34 greater than 150 feet in length shall be 15 psig. If the pressure loss exceeds the 35 allowable, locations of leakage shall be identified, repaired or reconstructed using 36 methods approved by the Engineer. The repaired system shall then be retested. The 37 cycle of testing, repair and retesting of each completed duct assembly shall continue 38 until the completed duct assembly completes a test with pressure loss within the 39 specified amount. 40 41 6-03.AP6 42 Section 6-03, Steel Structures 43 April 2, 2012 44 6-03.3(28)A Method of Shop Assembly 45 The first sentence in Item 2.C. is revised to read: 46 47 For Trusses and Girders — After the first stage has been completed, each subsequent 48 stage shall be assembled to include: at least one truss panel or girder shop section of 49 the previous stage and two or more truss panels or girder shop sections added at the 50 advancing end. 51 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 8 1 t 1 t 1 1 1 1 1 1 1 1 1 1 6-05.AP6 2 Section 6-05, Piling 3 August 6, 2012 4 6-05.5 Payment 5 The paragraph following the bid item, "Driving St. Pile", per each is revised to read: 6 7 The unit Contract price per each for "Driving (type) Pile ( )" shall be full pay for 8 driving the pile to the ultimate bearing and/or penetration specified. 9 10 6-06.AP6 11 Section 6-06, Bridge Railings 12 August 6, 2012 13 6-06.3(2) Metal Railings 14 The third paragraph is revised to read: 15 16 Anchor bolts shall be positioned with a template to ensure that bolts match the hole 17 spacing of the bottom channels or anchorage plates. 18 19 6-07.AP6 20 Section 6-07, Painting 21 April 2, 2012 22 6-07.3(9)A Paint System 23 The first sentence in the second paragraph is revised to read: 24 25 All paint coating components of the selected paint system shall be produced by the 26 same manufacturer. 27 28 6-07.3(10)H Paint System 29 The first and second sentences in the second paragraph are revised to read: 30 31 All paint coating components of the selected paint system shall be produced by the 32 same manufacturer. 33 34 6-10.AP6 35 Section 6-10, Concrete Barrier 36 August 6, 2012 37 6-10.3 Construction Requirements 38 This section is supplemented with the following: 39 40 Steel welded wire reinforcement deformed, conforming to Section 9-07.7, may be 41 substituted in concrete barrier in place of deformed steel bars conforming to Section 9- 42 07.2, subject to the following conditions: 43 44 1. Steel welded wire reinforcement spacing shall be the same as the deformed 45 steel bar spacing as shown in the Standard Plans. 46 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 9 1 2. The minimum cross sectional area for steel welded wire reinforcement shall be 2 no Tess than 86 percent of the cross sectional area for the deformed steel bars 3 being substituted. 4 5 3. Development lengths and splice lengths shall conform to requirements 6 specified in the AASHTO LRFD Bridge Design Specifications, current edition. 7 8 6-10.5 Payment 9 In the second paragraph, the bid item "Conc. Class 4000" is revised to read: 10 11 "Conc. Class 4000 " 12 13 6-12.AP6 14 Section 6-12, Noise Barrier Walls 15 August 6, 2012 16 6-12.3(3) Shaft Construction 17 The third sentence in the fifth paragraph is revised to read: 18 19 When efforts to advance past the obstruction to the design shaft tip elevation result in 20 the rate of advance of the shaft drilling equipment being significantly reduced relative to 21 the rate of advance for the rest of the shaft excavation, then the Contractor shall remove 22 the obstruction under the provisions of Section 6-12 5. 23 24 6-12.3(6) Precast Concrete Panel Fabrication and Erection 25 The second sentence in item number 3 is deleted. 26 27 6-12.5 Payment 28 This section is supplemented with the following: 29 30 "Removing Noise Barrier Wall Shaft Obstructions", estimated. 31 32 Payment for removing obstructions, as defined in Section 6-12.3(3), will be made for the 33 changes in shaft construction methods necessary to remove the obstruction. The 34 Contractor and the Engineer shall evaluate the effort made and reach agreement on the 35 equipment and employees utilized, and the number of hours involved for each. Once 36 these cost items and their duration have been agreed upon, the payment amount will be 37 determined using the rate and markup methods specified in Section 1-09 6. For the 38 purpose of providing a common proposal for all bidders, the Contracting Agency has 39 entered an amount for the item "Removing Noise Barrier Wall Shaft Obstructions" in the 40 bid proposal to become a part of the total bid by the Contractor. 41 42 If the shaft construction equipment is idled as a result of the obstruction removal work 43 and cannot be reasonably reassigned within the project, then standby payment for the 44 idled equipment will be added to the payment calculations. If labor is idled as a result of 45 the obstruction removal work and cannot be reasonably reassigned within the project, 46 then all labor costs resulting from Contractor labor agreements and established 47 Contractor policies will be added to the payment calculations. 48 49 The Contractor shall perform the amount of obstruction work estimated by the 50 Contracting Agency within the original time of the contract. The Engineer will consider a AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 10 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 time adjustment and additional compensation for costs related to the extended duration 2 of the shaft construction operations, provided: 3 4 1. the dollar amount estimated by the Contracting Agency has been exceeded, 5 and; 6 7 2. the Contractor shows that the obstruction removal work represents a delay to 8 the completion of the project based on the current progress schedule provided 9 in accordance with Section 1-08.3. 10 11 6-14.AP6 12 Section 6-14, Geosynthetic Retaining Walls 13 January 2, 2012 14 6-14.2 Materials 15 The referenced section for the following item is revised to read: 16 17 Grout 9-20.3(4) 18 19 In the first paragraph, the following items are inserted after the item "Gravel Borrow For 20 Geosynthetic Retaining Wall": 21 22 Polyurethane Sealant 9-04.2(3) 23 Closed Cell Foam Backer Rod 9-04.2(3)A 24 25 6-15.AP6 26 Section 6-15, Soil Nail Walls 27 January 2, 2012 28 6-15.2 Materials 29 The referenced section for the following item is revised to read: 30 31 Grout 9-20.3(4) 32 33 6-15.3(3) Submittals 34 Item f beneath item number 3 is revised to read: 35 36 f. Mix design and procedures for placing the grout. 37 38 6-15.3(6) Soil Nailing 39 This section is supplemented with the following: 40 41 The Contractor shall make and cure grout cubes once per day in accordance with 42 WSDOT Test Method T 813. These samples shall be retained by the Contractor until all 43 associated verification and proof testing of the soil nails has been successfully 44 completed. If the Contractor elects to test the grout cubes for compressive strength, 45 testing shall be conducted by an independent laboratory and shall be in accordance 46 with the WSDOT FOP for AASHTO T106. 47 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 11 1 6-16.AP6 2 Section 6-16, Soldier Pile and Soldier Pile Tieback Walls 3 January 2, 2012 4 6-16.3(3) Shaft Excavation 5 The third sentence in the seventh paragraph is revised to read: 6 7 When efforts to advance past the obstruction to the design shaft tip elevation result in 8 the rate of advance of the shaft drilling equipment being significantly reduced relative to 9 the rate of advance for the rest of the shaft excavation, then the Contractor shall remove 10 the obstruction under the provisions of Section 6-16.5. 11 12 6-16.5 Payment 13 This section is supplemented with the following: 14 15 "Removing Soldier Pile Shaft Obstructions", estimated. 16 17 Payment for removing obstructions, as defined in Section 6-16 3(3), will be made for the 18 changes in shaft construction methods necessary to remove the obstruction. The 19 Contractor and the Engineer shall evaluate the effort made and reach agreement on the 20 equipment and employees utilized, and the number of hours involved for each. Once 21 these cost items and their duration have been agreed upon, the payment amount will be 22 determined using the rate and markup methods specified in Section 1-09.6. For the 23 purpose of providing a common proposal for all bidders, the Contracting Agency has 24 entered an amount for the item "Removing Soldier Pile Shaft Obstructions" in the bid 25 proposal to become a part of the total bid by the Contractor. 26 27 If the shaft construction equipment is idled as a result of the obstruction removal work 28 and cannot be reasonably reassigned within the project, then standby payment for the 29 idled equipment will be added to the payment calculations. If labor is idled as a result of 30 the obstruction removal work and cannot be reasonably reassigned within the project, 31 then all labor costs resulting from Contractor labor agreements and established 32 Contractor policies will be added to the payment calculations. 33 34 The Contractor shall perform the amount of obstruction work estimated by the 35 Contracting Agency within the original time of the contract. The Engineer will consider a 36 time adjustment and additional compensation for costs related to the extended duration 37 of the shaft construction operations, provided: 38 39 1. the dollar amount estimated by the Contracting Agency has been exceeded, 40 and; 41 42 2. the Contractor shows that the obstruction removal work represents a delay to 43 the completion of the project based on the current progress schedule provided 44 in accordance with Section 1-08.3. 45 46 6-17.AP6 47 Section 6-17, Permanent Ground Anchors 48 August 6, 2012 49 6-17.3(3) Submittals 50 The first sentence in the sixth paragraph is revised to read: AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 12 1 1 1 1 1 1 1 1 1 1 1 1 2 The Contractor shall submit the mix design for the grout conforming to Section 9-20.3(4) 3 and the procedures for placing the grout to the Engineer for approval. 4 5 6-17.3(7) Installing Permanent Ground Anchors 6 The following new paragraph is inserted after the sixth paragraph: 7 8 The Contractor shall make and cure grout cubes once per day in accordance with 9 WSDOT Test Method T 813. These samples shall be retained by the Contractor until all 10 associated verification, performance and proof testing of the permanent ground anchors 11 has been successfully completed. If the Contractor elects to test the grout cubes for 12 compressive strength, testing shall be conducted by an independent laboratory and 13 shall be in accordance with the WSDOT FOP for AASHTO T106 14 15 6-17.3(9) Permanent Ground Anchor Acceptance Criteria 16 The fourth paragraph is deleted. 17 18 6-19.AP6 19 Section 6-19, Shafts 20 August 6, 2012 21 6-19.3(4)F Slurry Disposal 22 This section including title is revised to read: 23 24 6-19.3(4)F Disposal of Slurry and Slurry Contacted Spoils 25 The Contractor shall dispose of the slurry and slurry -contacted spoils as specified in the 26 shaft installation narrative in accordance with Section 6-19.3(2)B, item 8, and in 27 accordance with the following requirements: 28 29 1. Water slurry with no additives may be infiltrated to an upland area within the 30 confines of the Contracting Agency Right of Way for the project. Infiltration is 31 allowed provided the ground -line at the disposal site is at least 5 feet above 32 the current water table, and that disposal operations conform to the temporary 33 erosion and sedimentation control (TESC) requirements established for this 34 project. For the purposes of water slurry disposal, upland is defined as an area 35 that has no chance of discharging directly to waters of the State, including 36 wetlands or conveyances that indirectly lead to wetlands or waters of the 37 State. Spoils in contact with this slurry may be disposed of as clean fill. 38 39 2. Synthetic slurry and water slurry with polymer -based additives shall be 40 contained and disposed of by the Contractor at an approved facility. The 41 Contractor shall acquire all permits or approvals necessary for disposal of the 42 slurry and shall provide copies to the Engineer. Spoils in contact with synthetic 43 slurry or water slurry with polymer -based additives shall be disposed of in 44 accordance with Section 2-03 3(7)C. With approval of the Engineer, the 45 Contractor may re -use these spoils on-site. 46 47 3. Mineral slurry may be infiltrated to a temporary sediment trap located in an 48 upland area within the confines of the Contracting Agency Right of Way for the 49 project. Infiltration is allowed provided the ground -line at the disposal site is at 50 least 5 feet above the current water table, and that disposal operations 51 conform to the temporary erosion and sedimentation control (TESC) AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 13 1 requirements established for this project. For the purposes of mineral slurry 2 disposal, upland is defined as an area that has no chance of discharging 3 directly to waters of the State, including wetlands or conveyances that 4 indirectly lead to wetlands or waters of the State 5 6 Spoils in contact with mineral slurry shall be disposed of in accordance with Section 7 2-03.3(7)C. With approval of the Engineer, the Contractor may re -use these spoils 8 on-site. 9 10 7-02.AP7 11 Section 7-02, Culverts 12 August 6, 2012 13 7-02.2 Materials 14 Note 3 in the table titled, "Culvert Pipe Schedules" is revised to read: 15 16 3Polypropylene pipe, 12 inch to 30 inch diameters approved for Schedule A and 17 Schedule B, 36 inch to 60 inch diameters approved for Schedule A only. 18 19 7-02.5 20 The bid item "Steel Rib Reinforced Polyethylene Culvert Pipe In. Diam.", per linear 21 foot is revised to read: 22 23 "St. Rib Reinf Polyethylene CuIv. Pipe In Diam.", per linear foot 24 25 7-03.AP7 26 Section 7-03, Structural Plate Pipe, Pipe Arch, Arch, and Underpass 27 August 6, 2012 28 7-03.3(1) Foundations, General 29 This section is supplemented with the following. 30 31 When aluminum pipe or pipe arch is in contact with cement concrete, two coats of paint 32 shall be applied in accordance with Section 7-08.3(2)D. 33 34 7-03.3(5) Headwalls 35 This section is supplemented with the following: 36 37 When aluminum pipe or pipe arch is in contact with cement concrete, two coats of paint 38 shall be applied in accordance with Section 7-08 3(2)D. 39 40 7-04.AP7 41 Section 7-04, Storm Sewers 42 August 6, 2012 43 7-04.3(1)B Exfiltration Test — Storm Sewers 44 The fifth column title "PE4" is revised to read "PP4" from the table titled, "Storm Sewer Pipe 45 Schedules". 46 47 Note 4 in the table titled, "Storm Sewer Pipe Schedules" is revised to read: 48 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4PP = Polypropylene Pipe, 12 inch to 30 inch approved for Schedule A and Schedule B, 2 36 inch to 60 inch diameters approved for Schedule A only. 3 4 7-04.5 5 The bid item "Steel Rib Reinforced Polyethylene Storm Sewer Pipe In Diam", per 6 linear foot is revised to read: 7 8 "St. Rib Reinf Polyethylene Storm Sewer Pipe In. Diam", per linear foot 9 10 7-05.AP7 11 Section 7-05, Manholes, Inlets, Catch Basins, and Drywells 12 April 2, 2012 13 7-05.3 Construction Requirements 14 The third paragraph is supplemented with the following: 15 16 Leveling and adjustment devices that do not modify the structural integrity of the metal 17 frame, grate or cover, and do not void the originating foundry's compliance to these 18 specifications and warranty is allowed. Approved leveling devices are listed in the 19 Qualified Products List. Leveling and adjusting devices that interfere with the 20 backfilling, backfill density, grouting and asphalt density will not be allowed. The 21 hardware for leveling and adjusting devices shall be completely removed when 22 specified by the Project Engineer. 23 24 7-08.AP7 25 Section 7-08, General Pipe Installation Requirements 26 August 6, 2012 27 7-08.3(2)0 Pipe Laying — Steel or Aluminum 28 The following new sentence is inserted after the first sentence in the second paragraph: 29 30 The paint shall cover all the surface in contact with the concrete and extend one inch 31 beyond the point of contact. 32 33 7-09.AP7 34 Section 7-09, Water Mains 35 August 6, 2012 36 7-09.3(19)A Connections to Existing Mains 37 In the second paragraph, "Special Conditions" is revised to read "Special Provisions". 38 39 8-01.AP8 40 Section 8-01, Erosion Control and Water Pollution Control 41 August 6, 2012 42 8-01.3(2)D Mulching 43 The following two new paragraphs are inserted after the fourth paragraph: 44 45 Short -Term Mulch shall be hydraulically applied at the rate of 2500 pounds per acre and 46 may be applied in one lift. 47 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 15 1 Moderate -Term Mulch and Long -Term Mulch shall be hydraulically applied at the rate of 2 3500 pounds per acre with no more than 2000 pounds applied in any single lift. 3 4 8-01.3(2)E Soil Binders and Tacking Agents 5 The first paragraph is revised to read: 6 7 Tacking agents or soil binders applied using a hydroseeder shall have a mulch tracer 8 added to visibly aid uniform application. This tracer shall not be harmful to plant, 9 aquatic, or animal life. A minimum of 125 pounds per acre and a maximum of 250 10 pounds per acre of Short -Term Mulch shall be used as a tracer 11 12 The last two paragraphs are deleted. 13 14 8-01.3(2)F Dates for Application of Final Seed, Fertilizer, and Mulch 15 In the first paragraph, "Engineer" is revised to read "Project Engineer". 16 17 Note 1 of the table in the first paragraph is revised to read: 18 19 'Where Contract timing is appropriate, seeding, fertilizing, and mulching shall be 20 accomplished during the fall period listed above 21 22 The third paragraph is deleted. 23 24 8-01.3(4) Placing Compost Blanket 25 The first paragraph is revised to read: 26 27 Compost blanket shall be placed to a depth of 3 inches over bare soil. Compost blanket 28 shall be placed prior to seeding or other planting. An organic tackifier shall be placed 29 over the entire composted area when dry or windy conditions are present or expected 30 before the final application of mulch or erosion control blanket. The tackifier shall be 31 applied immediately after the application of compost to prevent compost from leaving 32 the composted area. 33 34 8-01.3(5) Placing Plastic Covering 35 The second and third paragraphs are revised to read: 36 37 Clear plastic covering shall be used to promote seed germination when seeding is 38 performed outside of the Dates for Application of Final Seed in Section 8-01.3(2)F. 39 Black plastic covering shall be used for stockpiles or other areas where vegetative 40 growth is unwanted. 41 42 The plastic cover shall be installed and maintained in a way that prevents water from 43 cutting under the plastic and prevents the plastic cover from blowing open in the wind. 44 45 8-01.3(6) Check Dams 46 This section is revised to read: 47 48 Check dams shall be installed as soon as construction will allow, or when designated by 49 the Engineer. The Contractor may substitute a different check dam, in lieu of what is 50 specified in the contract, with approval of the Engineer. The check dam is a temporary 51 or permanent structure, built across a minor channel. Water shall not flow through the 52 check dam structure. Check dams shall be constructed in a manner that creates a AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ponding area upstream of the dam to allow pollutants to settle, with water from 2 increased flows channeled over a spillway in the check dam. The check dam shall be 3 constructed to prevent erosion in the area below the spillway. Check dams shall be 4 placed perpendicular to the flow of water and installed in accordance with the Standard 5 Plans. The outer edges shall extend up the sides of the conveyance to prevent water 6 from going around the check dam. Check dams shall be of sufficient height to maximize 7 detention, without causing water to leave the ditch. Check dams shall meet the 8 requirements in Section 9-14.5(4). 9 10 8-01.3(7) Stabilized Construction Entrance 11 The first paragraph is revised to read: 12 13 Temporary stabilized construction entrance shall be constructed in accordance with the 14 Standard Plans, prior to beginning any clearing, grubbing, embankment or excavation. 15 All quarry spall material used for stabilized construction entrance shall be free of 16 extraneous materials that may cause or contribute to track out. 17 18 8-01.3(9)B Gravel Filter, Wood Chip, or Compost Berm 19 The first paragraph is revised to read: 20 21 Filter berms shall retain sediment and direct flows. The gravel filter berm shall be a 22 minimum of 1 foot in height and shall be maintained at this height for the entire time 23 they are in use. Rock material used for filter berms shall meet the grading requirements 24 in Section 9-03.9(2), but shall not include any recycled materials as outlined in Section 25 9-03.21. 26 27 8-01.3(9)C Straw Bale Barrier 28 This section including title is revised to read: 29 30 8-01.3(9)C Vacant 31 32 8-01.3(11) Vacant 33 This section including title is revised to read: 34 35 8-01.3(11) Outlet Protection 36 Outlet protection shall prevent scour at the outlets of ponds, pipes, ditches or other 37 conveyances. All quarry spall material used for outlet protection shall be free of 38 extraneous material and meet the gradation requirements in Section 9-13.6. 39 40 8-01.3(13) Temporary Curb 41 This section is revised to read: 42 43 Temporary curbs shall divert or redirect water around erodible soils. 44 45 Temporary curbs shall be installed along pavement edges to prevent runoff from flowing 46 onto erodible slopes. Water shall be directed to areas where erosion can be controlled. 47 The temporary curbs shall be a minimum of 4 inches in height. Ponding shall not be in 48 roadways. 49 50 8-01.4 Measurement 51 The third paragraph is revised to read: AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 17 1 2 Check dams will be measured per linear foot one time only along the completed check 3 dam. No additional measurement will be made for check dams that are required to be 4 rehabilitated or replaced due to wear. 5 6 The ninth paragraph is deleted. 7 8 This section is supplemented with the following: 9 10 Outlet Protection will be measured per each initial installation at an outlet location. 11 12 8-01.5 Payment 13 The bid item "Straw Bale", per each is deleted. 14 15 This section is supplemented with the following. 16 17 "Outlet Protection", per each. 18 19 8-02.AP8 20 Section 8-02, Roadside Restoration 21 August 6, 2012 22 In this section, "psiPE" is revised to read "PSIPE". 23 24 8-02.3(4)C Topsoil Type C 25 In this section, "9-14.1(2)" is revised to read "9-14.1(3)". 26 27 8-02.3(8) Planting 28 Item number 1 in the second paragraph is revised to read: 29 30 1. Non -Irrigated Plant Material 31 West of the summit of the Cascade Range - October 1 to March 1. 32 East of the summit of the Cascade Range - October 1 to November 15. 33 34 8-02.5 Payment 35 The paragraph following bid item "Coarse Compost", per cubic yard" is revised to read: 36 37 The unit Contract price per cubic yard for "Fine Compost", Medium Compost" or 38 "Coarse Compost" shall be full pay for furnishing and spreading the compost onto the 39 existing soil. 40 41 8-03.AP8 42 Section 8-03, Irrigation Systems 43 April 2, 2012 44 8-03.3(7) Flushing and Testing 45 The fifth paragraph is deleted. 46 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 18 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 8-04.AP8 2 Section 8-04, Curbs, Gutters, and Spillways 3 April 2, 2012 4 8-04.3(1) Cement Concrete Curbs, Gutters, and Spillways 5 This section is supplemented with the following new sub -section: 6 7 8-04.3(1)B Roundabout Cement Concrete Curb and Gutter 8 Roundabout cement concrete curb and gutter and roundabout splitter island nosing curb 9 shall be shaped and finished to match the shape of the adjoining curb as shown in the 10 Plans. All other requirements for cement concrete curb and cement concrete curb and 11 gutter shall apply to roundabout cement concrete curb and gutter. 12 13 8-04.4 Measurement 14 This section is supplemented with the following: 15 16 Roundabout splitter island nosing curb will be measured per each. 17 18 8-04.5 Payment 19 The bid item, "Roundabout Truck Apron Cement Concrete Curb", per linear foot is deleted. 20 21 This section is supplemented with the following: 22 23 "Roundabout Cement Concrete Curb and Gutter", per linear foot 24 25 The unit Contract price per linear foot for "Roundabout Cement Concrete Curb and 26 Gutter" shall be full payment for all costs for the Work including transitioning the 27 roundabout cement concrete curb and gutter to the adjoining curb shape. 28 29 "Roundabout Splitter Island Nosing Curb", per each. 30 31 The unit Contract price per each for "Roundabout Splitter Island Nosing Curb" shall be 32 full payment for all costs for the Work including transitioning the roundabout splitter 33 island nosing curb to the adjoining curb shape. 34 35 8-07.AP8 36 Section 8-07, Precast Traffic Curb and Block Traffic Curb 37 August 6, 2012 38 This section's title is revised to read: 39 40 8-07 Precast Traffic Curb 41 42 8-07.1 Description 43 This section is revised to read: 44 45 This Work consists of furnishing and installing precast traffic sloped mountable curb or 46 dual faced sloped mountable curb of the design and type specified in the Plans in 47 accordance with these Specifications and the Standard Plans in the locations indicated 48 in the Plans or as staked by the Engineer. 49 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 19 1 8-07.2 Materials 2 The material reference "Block Traffic Curb 9-18.3" is deleted from this section. 3 4 8-07.3(1) Installing Curbs 5 The fifth and seventh paragraphs are deleted from this section. 6 7 8-07.4 Measurement 8 The first paragraph is deleted from this section. 9 10 8-07.5 Payment 11 The following bid items are deleted from this section. 12 13 "Type A Precast Traffic Curb", per linear foot. 14 "Type C Precast Traffic Curb", per linear foot. 15 "Type A Block Traffic Curb", per linear foot. 16 "Type C Block Traffic Curb", per linear foot. 17 18 8-11.AP8 19 Section 8-11, Guardrail 20 August 6, 2012 21 8-11.3(1)D Removing Guardrail and Guardrail Anchor 22 The first two sentences in the first paragraph are revised to read. 23 24 Removal of the various types of guardrail shall include removal of the rail, cable 25 elements, hardware, and posts, including transition sections, expansion sections, 26 terminal sections and the rail element of anchor assemblies. Removal of the various 27 types of guardrail anchors shall include removal of the anchor assembly, including 28 concrete bases, rebar, steel tubes, and any other appurtenances in the anchor 29 assembly. 30 31 8-11.4 Measurement 32 The seventh paragraph is revised to read: 33 34 Measurement of removal of guardrail will be by the linear foot measured along the line 35 of guardrail removed including transition sections, expansion sections, guardrail anchor 36 rail elements and terminal sections. 37 38 8-11.5 Payment 39 The paragraph following the bid item "Removing Guardrail Anchor", per each is revised to 40 read: 41 42 The unit Contract price per each for "Removing Guardrail Anchor" shall be full payment 43 for all costs to perform the Work as described in Section 8-11.3(1)D, including rail 44 removal, if there isn't a Bid Item for Removing Guardrail in the run of guardrail 45 connecting to the anchor. 46 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 20 1 1 1 1 1 1 1 1 1 1 1 1 8-12.AP8 2 Section 8-12, Chain Link Fence and Wire Fence 3 April 2, 2012 4 In this Section "Engineer" is revised to read "Project Engineer". 5 6 8-12.1 Materials 7 This section is supplemented with the following. 8 9 Paint 9-08.1(2)B 10 11 8-12.3(1)A Posts 12 The words "for Type 3 and Type 4 fences" and "on Type 3 and Type 4 fences" are deleted 13 from this section. 14 15 The first sentence of the fifth paragraph is revised to read. 16 17 After the post is set and plumbed, the hole shall be filled with Grout Type 4. 18 19 The third sentence in the sixth paragraph is replaced with the following two sentences: 20 21 After the post is set and plumbed, the hole in the portion of the post in solid rock shall 22 be filled with Grout Type 4. The grout shall be thoroughly worked into the hole so as to 23 leave no voids. 24 25 The seventh paragraph is deleted. 26 27 The ninth paragraph is revised to read: 28 29 Steep slopes or abrupt topography may require changes in various elements of the 30 fence. It shall be the responsibility of the Contractor to provide all posts of sufficient 31 length to accommodate the chain Zink fabric. 32 33 The tenth paragraph is revised to read: 34 35 All round posts shall have approved top caps fastened securely to the posts. The base 36 of the top cap fitting for round posts shall feature an apron around the outside of the 37 posts. 38 39 8-12.3(1)B Top Rail 40 This section's content including title is deleted and replaced with: 41 42 8-12.3(1)B Vacant 43 44 8-12.3(1)C Tension Wire and Tension Cable 45 This section's content including title is revised to read: 46 47 8-12.3(1)C Tension Wire 48 Tension Wires shall be attached to the posts as detailed in the Plans or as approved by 49 the Engineer. 50 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 21 1 2 8-12.3(1)D Chain Link Fabric 3 The first three paragraphs are revised to read: 4 5 Chain Zink fabric shall be attached after the cables and wires have been properly 6 tensioned. 7 8 Chain link fabric shall be placed on the face of the post away from the Highway, except 9 on horizontal curves where it shall be placed on the face on the outside of the curve 10 unless otherwise directed by the Project Engineer. 11 12 Chain link fabric shall be placed approximately 1 -inch above the ground and on a 13 straight grade between posts by excavating high points of ground. Filling of depressions 14 will be permitted only upon approval of the Project Engineer. 15 16 The fourth sentence in the fourth paragraph is revised to read: 17 18 The top and bottom edge of the fabric shall be fastened with hog rings to the top and 19 bottom tension wires as may be applicable, spaced at 24 -inch intervals. 20 21 8-12.3(1)E Chain Link Gates 22 The third paragraph is deleted. 23 24 8-12.3(2)A Posts 25 In the second paragraph, "commercial" is deleted. 26 27 The first sentence of the fifth paragraph is revised to read: 28 29 After the post is set and plumbed, the hole shall be filled with Grout Type 4. 30 31 The fourth sentence in the sixth paragraph is replaced with the following two sentences: 32 33 After the post is set and plumbed, the hole in the portion of the post in solid rock shall 34 be filled with Grout Type 4. The grout shall be thoroughly worked into the hole so as to 35 leave no voids. 36 37 The tenth paragraph is revised to read: 38 39 Where the new fence joins an existing fence, the 2 shall be attached in a manner 40 satisfactory to the Project Engineer, and end or corner posts shall be set as necessary 41 42 The eleventh paragraph is deleted. 43 44 8-12.5 Payment 45 The paragraph following the item "Chain Link Fence Type ", per linear foot is revised to 46 read: 47 48 The unit Contract price per linear foot for "Chain Link Fence Type " shall be full 49 payment for all costs for the specified Work including brace post installation and all 50 other requirements of Section 8-12 for Chain Link Fence, unless covered in a separate 51 Bid Item in this Section. 52 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 22 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 The following paragraph is inserted after the item "End, Gate, Corner, and Pull Post for 2 Chain Link Fence", per each: 3 4 The unit Contract price per each for "End, Gate, Corner, and Pull Post for Chain Link 5 Fence" shall be full payment for all costs for the specified Work. 6 7 The following paragraph is inserted after the item "Single 6 Ft. Chain Link Gate", per each: 8 9 The unit Contract price per each for "Double 14 Ft. Chain Link Gate", "Double 20 Ft. 10 Chain Link Gate", and "Single 6 Ft. Chain Link Gate", shall be full payment for all costs 11 for the specified Work. 12 13 The paragraph following the item "Wire Fence Type ", per linear foot is revised to read 14 15 The unit Contract price per each for "Wire Fence Type " shall be full payment for all 16 costs for the specified Work including payment for clearing of the fence line. 17 18 The following paragraph is inserted after the item "Double Wire Gate 20 Ft. Wide", per each* 19 20 The unit contract price per each for "Single Wire Gate 14 Ft. Wide" and "Double Wire 21 Gate 20 Ft. Wide" shall be full payment for all costs for the specified Work. 22 23 The paragraph following the item "Access Control Gate", per each is revised to read: 24 25 The unit contract price per each for "Access Control Gate" shall be full payment for all 26 costs to perform the specified Work. 27 28 8-15.AP8 29 Section 8-15, Riprap 30 April 2, 2012 31 8-15.1 Description 32 The second paragraph is revised to read: 33 34 Riprap will be classified as heavy loose riprap, light loose riprap, and hand placed 35 riprap. 36 37 8-20.AP8 38 Section 8-20, Illumination, Traffic Signal Systems, And Electrical 39 August 6, 2012 40 8-20.3(4) Foundations 41 The first paragraph is revised to read: 42 43 Foundation concrete shall conform to the requirements for the specified class, be cast - 44 in-place concrete and be constructed in accordance with Sections 6-02.2 and 6-02.3. 45 Concrete for Type II, III, IV, V, and CCTV signal standards and light standard 46 foundations shall be Class 4000P. Concrete for pedestals and cabinets, Type PPB, PS, 47 I, FB, and RM signal standards and other foundations shall be Class 3000. Concrete 48 placed into an excavation where water is present shall be placed using an approved 49 tremie. If water is not present, the concrete shall be placed such that the free -fall is 50 vertical down the center of the shaft without hitting the sides, the steel reinforcing bars, AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 23 1 or the steel reinforcing bar cage bracing. The Section 6-02.3(6) restriction for 5 -feet 2 maximum free -fall shall not apply to placement of Class 4000P concrete into a shaft. 3 Steel reinforcing bars for foundations shall conform to Section 9-07. 4 5 8-20.3(9) Bonding, Grounding 6 The first sentence in the second paragraph is replaced with the following two sentences: 7 8 All conduit installed shall have an equipment ground conductor installed in addition to 9 the conductors noted in the Contract. Conduit with innerducts shall have an equipment 10 ground conductor installed in each innerduct that has an electrical conductor. 11 12 8-21.AP8 13 Section 8-21, Permanent Signing 14 August 6, 2012 15 8-21.2 Materials 16 The third sentence is revised to read: 17 18 Materials for sign mounting shall conform to Section 9-28.11 19 20 8-21.3(9)A Fabrication of Steel Structures 21 The first sentence in the first paragraph is revised to read: 22 23 Fabrication shall conform to the applicable requirements of Section 6-03 and 9-06. 24 25 This section is supplemented with the following: 26 27 All fabrication, including repairs, adjustments or modifications of previously fabricated 28 sign structure members and connection elements, shall be performed in the shop, under 29 an Engineer approved shop drawing prepared and submitted by the Contractor for the 30 original fabrication or the specific repair, adjustment or modification. Sign structure 31 fabrication repair, adjustment or modification of any kind in the field is not permitted. If 32 fabrication repair, adjustment or modification occurs after a sign structure member or 33 connection element has been galvanized, the entire member or element shall be re - 34 galvanized in accordance with AASHTO M 111 35 36 8-21.3(9)B Vacant 37 This section including title is revised to read: 38 39 8-21.3(9)B Erection of Steel Structures 40 Erection shall conform to the applicable requirements of Sections 6-03 and 8-21.3(9)F. 41 Section 8-21 3(9)F notwithstanding, the Contractor may erect a sign bridge prior to 42 completion of the shaft cap portion of one foundation for one post provided the following 43 conditions are satisfied: 44 45 1. The Contractor shall submit design calculations and working drawings of the 46 temporary supports and falsework supporting the sign bridge near the location 47 of the incomplete foundation to the Engineer for approval in accordance with 48 Section 6-01.9. The submittal shall include the method of releasing and 49 removing the temporary supports and falsework without inducing loads and 50 stress into the sign bridge. 51 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 24 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2. The Contractor shall submit the method used to secure the anchor bolt array in 2 proper position with the sign bridge while casting the shaft cap concrete to 3 complete the foundation. 4 5 3. The Contractor shall erect the sign bridge and temporary supports and 6 falsework, complete the remaining portion of the incomplete foundation, and 7 remove the temporary supports and falsework, in accordance with the working 8 drawing submittals as approved by the Engineer. 9 10 8-21.3(9)F Foundations 11 The following new paragraph is inserted after the second paragraph: 12 13 Concrete placed into an excavation where water is present shall be placed using an 14 approved tremie. If water is not present, the concrete shall be placed such that the free - 15 fall is vertical down the center of the shaft without hitting the sides, the steel reinforcing 16 bars, or the steel reinforcing bar cage bracing. The Section 6-02.3(6) restriction for 5- 17 feet maximum free -fall shall not apply to placement of Class 4000P concrete into a 18 shaft. 19 20 The eighth paragraph is replaced with the following three new paragraphs. 21 22 After construction of concrete foundations for sign bridge and cantilever sign structures, 23 the Contractor shall survey the foundation locations and elevations, the anchor bolt 24 array locations and lengths of exposed threads. The Contractor shall confirm that the 25 survey conforms to the sign structure post, beam, span and foundation design geometry 26 shown in the Plans, and shall identify any deviations from the design geometry shown in 27 the Plans. When deviations are identified, the Contractor shall notify the Engineer, and 28 such notice shall be accompanied by the Contractor's proposed method(s) of 29 addressing the deviations, including removal and reconstruction of the shaft cap portion 30 of the affected concrete foundation as outlined in this Section, or fabrication repair, 31 adjustment or modification, with associated shop drawings, in accordance with Section 32 8-21.3(9)A. 33 34 If the Contractor's survey indicates that a concrete foundation has been constructed 35 incorrectly for a sign structure that has already been fabricated, the Contractor may 36 remove and reconstruct the shaft cap portion of the foundation, in accordance with 37 Section 1-07.13, provided the following conditions are satisfied: 38 39 1. The Contractor shall submit the method and equipment to be used to remove 40 the portion of the concrete foundation to be removed and reconstructed to the 41 Engineer for approval in accordance with Section 1-05.3. The submittal shall 42 include confirmation that the equipment and the method of operation is 43 appropriate to ensure that the existing anchor bolt array and primary shaft 44 vertical steel reinforcing bars will not be damaged. 45 46 2. All steel reinforcing bars, except for steel reinforcing bars extending from the 47 bottom portion of the foundation to remain, shall be removed and disposed of 48 in accordance with Sections 2-02.3 and 2-03.3(7)C, and shall be replaced with 49 new steel reinforcing bars conforming to the size, dimensions and geometry 50 shown in the Plans. All concrete of the removed portion of the foundation shall 51 be removed and disposed of in accordance with Sections 2-02.3 and 2- 52 03.3(7)C. AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 25 1 2 3. The Contractor shall adjust the primary shaft vertical steel reinforcing bars as 3 necessary in accordance with Section 6-02.3(24)C to provide clearance for the 4 anchor bolt array. 5 6 Sign structures shall not be erected on concrete foundations until the Contractor 7 confirms that the foundations and the fabricated sign structures are either compatible 8 with each other and the design geometry shown in the Plans, or have been modified in 9 accordance with this Section and as approved by the Engineer to be compatible with 10 each other, and the foundations have attained a compressive strength of 2,400 -psi. 11 12 Item number 4 in the ninth paragraph is revised to read: 13 14 4 Concrete shall be Class 4000P, except as otherwise specified. The concrete for 15 the shaft cap (the portion containing the anchor bolt array assemblies above the 16 construction joint at the top of the shaft) shall be Class 4000. 17 18 Item number 3 in the tenth paragraph is revised to read 19 20 3. Unless otherwise shown in the Plans, concrete shall be Class 4000P. 21 22 8-21.5 Payment 23 This section is supplemented with the following: 24 25 All costs in connection with surveying completed concrete foundations for sign bridges 26 and cantilever sign structures shall be included in the lump sum contract price for 27 "Structure Surveying", except that when no Bid item is included in the Proposal for 28 "Structure Surveying" then such costs shall be included in the lump sum contract 29 price(s) for "Sign Bridge No. " and "Cantilever Sign Structure No. " 30 31 32 8-22.AP8 33 Section 8-22, Pavement Marking 34 August 6, 2012 35 8-22.3(6) Removal of Pavement Markings 36 The following new sentence is inserted after the first sentence: 37 38 Grinding to remove plastic marking is allowed to a depth just above the pavement 39 surface, then water blasting or shot blasting shall be required to remove the remaining 40 markings 41 42 8-22.4 Measurement 43 The items "Painted Wide Line" and "Plastic Wide Line" are deleted from the fourth 44 paragraph. 45 46 The sixth paragraph is revised to read: 47 48 Diagonal lines used to delineate parking stalls that are constructed of painted or plastic 49 4 -inch lines will be measured as "Paint Line" or "Plastic Line" by the linear foot of line 50 installed Crosswalk line will be measured by the square foot of marking installed. 51 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 26 1 1 The following two new paragraphs are inserted after the sixth paragraph: 2 3 Crosshatch markings used to delineate median and gore areas will be measured by the 4 completed linear foot as "Painted Crosshatch Marking" or "Plastic Crosshatch Marking". 5 6 The measurement for "Painted Crosshatch Marking" and for "Plastic Crosshatch 7 Marking" will be based on the total length of each 8 -inch or 12 -inch wide line installed. 8 9 8-22.5 Payment 10 The bid items "Painted Wide Line", per linear foot and "Plastic Wide Line", per linear foot are 11 deleted from this section. 12 13 This section is supplemented with the following two new bid items: 14 15 "Painted Crosshatch Marking", per linear foot. 16 "Plastic Crosshatch Marking", per linear foot. 17 18 The following new paragraph is inserted after the last bid item in this section: 19 20 The unit Contract price for the aforementioned Bid items shall be full payment for all 21 costs to perform the Work as described in Section 8-22. 22 23 8-25.AP8 24 Section 8-25, Glare Screen 25 April 9, 2012 26 In this section, "tension cable" and "cable" are deleted. 27 28 8-25.3(3) Posts 29 The first sentence in the first paragraph is revised to read: 30 31 Posts shall be constructed in accordance with the Standard Plans and applicable 32 provisions of Section 8-12.3(1)A. 33 34 The last paragraph is revised to read: 35 36 All round posts for Type 1 Design B and Type 2 glare screen shall be fitted with a 37 watertight top securely fastened to the post. Line posts shall have tops designed to 38 carry the top tension wire. 39 40 8-25.3(5) Tension Cables 41 This sections content including title is deleted: 42 43 8-25.3(6) Fittings, Attachments, and Hardware 44 This sections content including title is deleted. 45 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 27 1 9-03.AP9 2 Section 9-03, Aggregates 3 April 2, 2012 4 9-03.14(1) Gravel Borrow 5 Note is deleted, including the reference in the table. 6 7 9-03.14(2) Select Borrow 8 Note 1 is deleted. 9 10 Note 2 is re -numbered Note 1, including the reference in the table. 11 12 9-03.14(4) Gravel Borrow for Geosynthetic Retaining Wall 13 This section is revised to read: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 9-03.21(1) General Requirements 30 The first sentence in the first paragraph is revised to read 31 32 33 34 35 36 9-03.21(1)C Vacant 37 This section including title is revised to read: 38 All backfill material for geosynthetic retaining walls shall consist of granular material, either naturally occurring or processed, and shall be free draining, free from organic or otherwise deleterious material. The material shall be substantially free of shale or other soft, poor durability particles, and shall not contain recycled materials, such as glass, shredded tires, portland cement concrete rubble, or asphaltic concrete rubble. The backfill material shall meet the following requirements for grading and quality: Sieve Size Percent Passing 1 ' 1 99-100 1" 90-100 No. 4 50-80 No. 40 30 max. No. 200 7.0 max. Sand Equivalent 50 min. All percentages are by weight Property Test Method Allowable Test Value Los Angeles Wear 500 rev. AASHTO T 96 35 percent max. Degradation Factor WSDOT Test Method 113 15 min. pH, permanent walls AASHTO T 289 4.5-9 pH, temporary walls AASHTO T 289 3-10 Wall backfill material satisfying these grading and property requirements shall be classified as nonaggressive. Hot Mix Asphalt, Concrete Rubble, Recycled Glass (glass cullet), and Steel Furnace Slag may be used as, or blended uniformly with naturally occurring materials for aggregates. AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 28 1 1 1 1 1 1 1 1 1 1 1 1 e 1 1 1 1 1 1 9-03.21(1)C Recycled Glass (Glass Cullet) 2 Glass Cullet shall meet the requirements of AASHTO M 318 with the additional 3 requirement that the glass cullet is limited to the maximum amounts set in Section 9- 4 03.21(1)E for recycled glass. Prior to use the Contractor shall provide certification to 5 the Project Engineer that the recycled glass meets the physical properties and 6 deleterious substances requirements in AASHTO M-318. 7 8 9-03.21(1) E Table on Maximum Allowable Percent (By Weight) of Recycled 9 Material 10 The column heading "Recycled Glass" is revised to read "Recycled Glass (Glass Cullet) in 11 the table. 12 13 In the column "Recycled Glass (Glass Cullet)" all amounts are revised to read "20" beginning 14 with the item "Ballast" and continuing down until the last item in the table. 15 16 9-04.AP9 17 Section 9-04, Joint And Crack Sealing Materials 18 January 2, 2012 19 9-04.2 Joint Sealants 20 This section is supplemented with the following new sub -sections: 21 22 9-04.2(3) Polyurethane Sealant 23 Polyurethane sealant shall conform to ASTM C 920 Type S Grade NS Class 25 Use M. 24 25 Polyurethane sealant shall be compatible with the closed cell foam backer rod. When 26 required, compatibility characteristics of sealants in contact with backer rods shall be 27 determined by Test Method ASTM C 1087. 28 29 9-04.2(3)A Closed Cell Foam Backer Rod 30 Closed cell foam backer rod for use with polyurethane sealant shall conform to ASTM C 31 1330 Type C. 32 33 9-05.AP9 34 Section 9-05, Drainage Structures, Culverts, and Conduits 35 August 6, 2012 36 37 38 39 40 41 42 43 44 45 46 47 48 9-05.24 Polypropylene Culvert Pipe, Polypropylene Storm Sewer Pipe, and Polypropylene Sanitary Sewer Pipe This sections content is deleted and replaced with the following: All joints for polypropylene pipe shall be made with a bell/bell or bell and spigot coupling and shall conform to ASTM D 3212 using elastomeric gaskets conforming to ASTM F 477. All gaskets shall be factory installed on the pipe in accordance with the producer's recommendations. Qualification for each producer of polypropylene storm sewer pipe requires joint system conformance to ASTM D 3212 using elastomeric gaskets conforming to ASTM F 477 and a formal quality control plan for each plant proposed for consideration. AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 29 1 A Manufacturer's Certificate of Compliance shall be required and shall accompany the 2 materials delivered to the project. The certificate shall clearly identify production Tots for 3 all materials represented. The Contracting Agency may conduct verification tests of pipe 4 stiffness or other properties it deems appropriate. 5 6 This section is supplemented with the following new sub -sections: 7 8 9-05.24(1) Polypropylene Culvert Pipe and Storm Sewer Pipe 9 Polypropylene culvert and storm sewer pipe shall conform to the following requirements' 10 11 1. For dual wall pipe sizes up to 30 inches: ASTM F2736. . 12 13 2. For triple wall pipe sizes from 30 to 60 inches: ASTM F2764. 14 15 3. For dual wall profile pipe sizes 36 to 60 inches: AASHTO MP 21, Type S or 16 Type D. 17 18 4. Fittings shall be factory welded, injection molded or PVC 19 20 9-05.24(2) Polypropylene Sanitary Sewer Pipe 21 Polypropylene sanitary sewer pipe shall conform to the following requirements: 22 23 1. For pipe sizes up to 30 inches: ASTM F2736. 24 25 2. For pipe sizes from 30 to 60 inches: ASTM F2764. 26 27 3. Fittings shall be factory welded, injection molded or PVC. 28 29 9-06.AP9 30 Section 9-06, Structural Steel and Related Materials 31 April 2, 2012 32 9-06.5(3) High Strength Bolts 33 In this section, "AASHTO M 291" is revised to read "ASTM A 563". 34 35 9-07.AP9 36 Section 9-07, Reinforcing Steel 37 August 6, 2012 38 9-07.7 Wire Mesh 39 The first sentence in the first paragraph is revised to read: 40 41 Wire mesh for concrete reinforcement shall conform to the requirements of AASHTO M 42 55, Welded Steel Wire Fabric for Concrete Reinforcement or AASHTO M 221, Steel 43 Welded Wire Reinforcement, Deformed for Concrete. 44 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 30 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 9-10.AP9 2 Section 9-10, Piling 3 April 2, 2012 4 9-10.4 Steel Pile Tips and Shoes 5 In the first paragraph "ASTMA A 148 Grade 60-90" is revised to read "ASTMA A 148 Grade 6 90-60". 7 8 9-14.AP9 9 Section 9-14, Erosion Control and Roadside Planting 10 August 6, 2012 11 9-14.3 Fertilizer 12 The second sentence in the first paragraph is revised to read: 13 14 It may be separate or in a mixture containing the percentage of total nitrogen, available 15 phosphoric acid, and water-soluble potash or sulfur in the amounts specified. 16 17 9-14.4(2) Hydraulically Applied Erosion Control Products (HECPs ) 18 The first sentence in the third paragraph is revised to read. 19 20 All HECPs shall be furnished premixed by the manufacturer with Organic or Synthetic 21 Tackifier as specified in Section 9-14.4(7). 22 23 The third and fourth rows in Table 1 is revised to read: 24 Heavy Metals EPA 6020A Total Metals Antimony — < 4 mg/kg Arsenic — < 6 mg/kg Barium — < 80 mg/kg Boron — < 160 mg/kg Cadmium — < 2 mg/kg Total Chromium — < 4 mg/kg Copper — < 10 mg/kg Lead — < 5 mg/kg Mercury — < 2 mg/kg Nickel — < 2 mg/kg Selenium — < 10 mg/kg Strontium — < 30 mg/kg Zinc — < 30 mg/kg Water Holding Capacity ASTM D 7367 800 percent minimum 25 26 9-14.4(2)A Long Term Mulch 27 In the first paragraph, the phrase "within 2 hours of application" is deleted 28 29 9-14.4(4) Wood Strand Mulch 30 The last sentence in the second paragraph is deleted. 31 32 This section is supplemented with the following new paragraph: 33 34 The Contractor shall provide Material Safety Data Sheet (MSDS) that demonstrates that 35 the product is not harmful to plant life and a test report performed in accordance with AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 31 1 WSDOT Test Method 125 demonstrating compliance to this specification prior to 2 acceptance. 3 4 9-14.4(8) Compost 5 The second paragraph is revised to read' 6 7 Compost production and quality shall comply with WAC 173-350 and for biosolids 8 composts, WAC 173-308. 9 10 The third paragraph is to read: 11 12 Compost products shall meet the following physical criteria: 13 14 15 16 17 18 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 1. Compost material shall be tested in accordance with U.S. Composting Council Testing Methods for the Examination of Compost and Composting (TMECC) 02.02-B, "Sample Sieving for Aggregate Size Classification". Fine compost shall meet the following gradation: Sieve Size Percent Passing Minimum Maximum 1" 100 S/s" 90 100 1/4» 75 100 Note Maximum particle length of 4 inches. Medium compost shall meet the following gradation: Sieve Size Percent Passing Minimum Maximum 1" 100 5/8" 85 100 ��4„ 70 85 Note Maximum particle length of 4 inches. Medium compost shall have a carbon to nitrogen ration (C.N) between 18:1 and 35:1. The carbon to nitrogen ration shall be calculated using dry weight of "Organic Carbon" using TMECC 04.01A divided by the dry weight of "Total N" using TMECC 04.02D. Coarse compost shall meet the following gradation: Sieve Size Percent Passing Minimum Maximum 2" 100 1" 90 100 3/4» 70 100 IR, 40 60 Note Maximum particle length of 6 inches. Coarse compost shall have a carbon to nitrogen ratio (C:N) between 25:1 and 351. The carbon to nitrogen ratio shall be calculated using the dry weight of "Organic Carbon" using AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 32 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TMECC 04.01A divided by the dry weight of "Total N" using TMECC 2 04.02D. 3 4 2. The pH shall be between 6.0 and 8.5 when tested in accordance with U.S. 5 Composting Council TMECC 04.11-A, "1:5 Slurry pH". 6 7 3. Manufactured inert material (plastic, concrete, ceramics, metal, etc.) shall be 8 less than 1 percent by weight as determined by U.S. Composting Council 9 TMECC 03.08-A "Classification of Inerts by Sieve Size". 10 11 4. Minimum organic matter shall be 40 percent by dry weight basis as determined 12 by U.S. Composting Council TMECC 05.07A "Loss -On -Ignition Organic Matter 13 Method (LOI)". 14 15 5. Soluble salt contents shall be Tess than 4.0 mmhos/cm when tested in 16 accordance with U.S. Composting Council TMECC 04.10 "Electrical 17 Conductivity." 18 19 6. Maturity shall be greater than 80 percent in accordance with U.S. Composting 20 Council TMECC 05.05-A, "Germination and Root Elongation". 21 22 7. Stability shall be 7 -mg CO2—C/g OM/day or below in accordance with U.S. 23 Composting Council TMECC 05.08-B "Carbon Dioxide Evolution Rate". 24 25 8. The compost product shall originate from organic waste as defined in WAC 26 173 350 as "Type 1 Feedstocks", "Type 2 Feedstocks", and/or "Type 3 27 Feedstocks". The Contractor shall provide a list of feedstock sources by 28 percentage in the final compost product. 29 30 9. The Engineer may also evaluate compost for maturity using U.S. Composting 31 Council TMECC 05.08-E "Solvita® Maturity Index". Fine compost shall score a 32 number 6 or above on the Solvita® Compost Maturity Test. Medium and 33 coarse compost shall score a 5 or above on the Solvita® Compost Maturity 34 Test. 35 36 9-14.4(8)A Compost Approval 37 This section's title is revised to read. 38 39 9-14.4(8)A Compost Submittal Requirements 40 41 The first sentence in this section up until the colon is revised to read: 42 43 The Contractor shall submit the following information to the Engineer for approval: 44 45 Item No. 2 in the first paragraph is revised to read: 46 47 2. A copy of the Solid Waste Handling Permit issued to the manufacturer by the 48 Jurisdictional Health Department in accordance with WAC 173-350 (Minimum 49 Functional Standards for Solid Waste Handling) or for biosolid composts a copy of 50 the Coverage Under the General Permit for Biosolids Management issued to the 51 manufacturer by the Department of Ecology in accordance with WAC 173-308 52 (Biosolids Management). AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 33 1 1 2 9-14.5(1) Polyacrylamide (PAM) 3 The third sentence is replaced with the following two new sentences: 1 4 5 The minimum average molecular weight shall be greater than 5-mg/mole. The charge 6 density shall be no Tess than 15 percent and no greater than 30 percent. I 7 8 9-14.5(2) Erosion Control Blanket 9 The second sentence in the first paragraph is revised to read: I 10 11 The Contractor shall supply independent test results from the National Transportation 12 Product Evaluation Program (NTPEP) meeting the following requirements in Tables 6 13 and 7: 14 15 9-14.5(4) Geotextile Encased Check Dam 16 This section including title is revised to read: 17 18 9-14.5(4) Check Dams I 19 All materials used for check dams shall be non-toxic and not pose a threat to wildlife 20 when installed. 21 1 22 This section is supplemented with the following new sub -sections: 23 24 9-14.5(4)A Biodegradable Check Dams 25 Biodegradable check dams shall meet the following requirements: 1 26 27 Biodegradable Check Dams Materials 28 Wattle Check Dam 9-14.5(5) I 29 Compost Sock Check Dam 9-14.5(6) 30 Coir Log Check Dam 9-14.5(7) 31 32 The Contractor may substitute a different biodegradable check dam as long as it 33 complies with the following and is approved by the Engineer: 34 35 1. Made of natural plant fiber 36 37 2. Netting if present shall be biodegradable. 38 39 9-14.5(4)B Non -biodegradable Check Dams 40 Non -biodegradable check dams shall meet the following requirements: I 41 42 1. Geotextile materials shall conform to section 9-33 for silt fence. 43 44 2. Other such devices that fulfill the requirements of section 9-14.5(4) and shall I 45 be approved by the Engineer prior to installation. 46 47 9-14.6(1) Description ;' 48 In item No. C in the fourth paragraph, "22 -inch" is revised to read "2 -inch". 49 1 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK I Revised: 8/6/2012 Page 34 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 9-16.AP9 2 Section 9-16, Fence and Guardrail 3 August 6, 2012 4 9-16.1(1)A Post Material for Chain Link Fence 5 The last sentence in the last paragraph is deleted. 6 7 9-16.1(1)C Tension Wire and Tension Cable 8 This section including title is revised to read: 9 10 9-16.1(1)C Tension Wire 11 Tension wire shall meet the requirements of AASHTO M 181. Tension wire galvanizing 12 shall be Class 1. 13 14 9-16.1(1)D Fittings and Hardware 15 The second sentence in the first paragraph is deleted. 16 17 The last paragraph is deleted. 18 19 9-16.1(2) Approval 20 This section is deleted. 21 22 9-16.6(3) Posts 23 This section is revised to read: 24 25 Line posts for Types 1 and 2 glare screens shall be 2 inch inside diameter galvanized 26 steel pipe with a nominal weight of 3.65 pounds per linear foot. End, corner, brace, and 27 pull posts for Type 1 Design A and B and Type 2 shall be 2'h inch inside diameter 28 galvanized steel pipe with a nominal weight of 5.79 pounds per linear foot. Intermediate 29 pull posts (braced line posts) shall be as specified for line posts. 30 31 The base material for the manufacture of steel pipes used for posts shall conform to the 32 requirements of ASTM A 53, except the weight tolerance on tubular posts shall be 33 applied as provided below. 34 35 Posts provided for glare screen will have an acceptance tolerance on the weight per 36 linear foot, as specified, equal to plus or minus 5 percent. This tolerance will apply to 37 each individual post. 38 39 All posts shall be galvanized in accordance with AASHTO M 181 Section 32. The 40 minimum average zinc coating is per square foot of surface area. This area is defined 41 as the total area inside and outside. A sample for computing the average of mass of 42 coating is defined as a 12 -inch piece cut from each end of the galvanized member. 43 44 9-16.6(5) Cable 45 This section including title is revised to read: 46 47 9-16.6(5) Vacant 48 49 9-16.6(6) Cable and Tension Wire Attachments 50 This section including title is revised to read: AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 35 1 2 9-16.6(6) Tension Wire Attachments 3 All tension wire attachments shall be galvanized steel conforming to the requirements of 4 AASHTO M 232 unless otherwise specified. Eye bolts shall have either a shoulder or a 5 back-up nut on the eye end and be provided with an eye nut where needed or standard 6 hex nut and lock washer %-inch diameter for tension wire and of sufficient length to 7 fasten to the type of posts used. Turnbuckles shall be of the shackle end type, 1/2 inch 8 diameter, with standard take-up of 6 inches and provided with 3/8 inch diameter pins. 9 10 9-16.6(9) Fabric Bands and Stretcher Bars 11 The first paragraph is revised to read: 12 13 Fabric bands shall be 1/8 inch by 1 inch nominal. Stretcher bars shall be 3/16 inch by 3/ 14 inch nominal or 5/16 inch diameter round bar nominal. A 5/i6 inch diameter round 15 stretcher bar shall be used with Type 1. Nominal shall be construed to be the area of 16 the cross section of the shape obtained by multiplying the specified width by thickness. 17 A variation of minus 5 -percent from this theoretical area shall be construed as "nominal" 18 size. All shall be galvanized to meet the requirements of ASTM F 626. 19 20 9-18.AP9 21 Section 9-18, Precast Traffic Curb and Block Traffic Curb 22 August 6, 2012 23 This section's title is revised to read: 24 25 9-18 Precast Traffic Curb 26 27 9-18.3 Block Traffic Curb 28 This section including title is revised to read: 29 30 9-18.3 Vacant 31 32 9-20.AP9 33 Section 9-20, Concrete Patching Material, Grout, and Mortar 34 January 2, 2012 35 9-20.3(3) Grout Type 3 for Unconfined Bearing Pad Applications 36 This section is revised to read: 37 38 Grout Type 3 shall be a prepackaged material meeting the requirements of ASTM C 39 928 — Table 1, R2 Concrete or Mortar 40 41 9-20.3(4) Grout Type 4 for Multipurpose Applications 42 In the third sentence of the first paragraph, the reference "0.40" is revised to read "0 45". 43 44 9-23.AP9 45 Section 9-23, Concrete Curing Materials and Admixtures 46 April 2, 2012 47 9-23.2 Liquid Membrane -Forming Concrete Curing Compounds 48 In the first paragraph, "moisture loss" is revised to read "water retention". AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 36 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 9-29.AP9 3 Section 9-29, Illumination, Signal, Electrical 4 August 6, 2012 5 9-29.1(4) Non -Metallic Conduit 6 This section is supplemented with the following new sub -section: 7 8 9-29.1(4)D Deflection Fittings 9 Deflection Fittings for use with rigid PVC conduit shall be as described in 9-29.1(2)A 10 11 9-29.2 Junction Boxes, Cable Vaults, and Pull Boxes 12 The section is supplemented with the following: 13 14 The Contractor shall perform quality control inspection. The Contracting Agency 15 intends to perform Quality Assurance Inspection. By its inspection, the Contracting 16 Agency intends only to verify the quality of that Work. This inspection shall not relieve 17 the Contractor of any responsibility for identifying and replacing defective material and 18 workmanship. Prior to the start of production of the precast concrete units, the 19 Contractor shall advise the Engineer of the production schedule. The Contractor shall 20 give the Inspector safe and free access to the Work. If the Inspector observes any 21 nonspecification Work or unacceptable quality control practices, the Inspector will 22 advise the plant manager If the corrective action is not acceptable to the Engineer, the 23 unit(s) will be rejected. 24 25 9-29.2(1) Standard Duty and Heavy -Duty Junction Boxes 26 The third paragraph is deleted and replaced with the following new paragraphs: 27 28 The Contractor shall provide shop drawings for all components, including the concrete 29 box, and Lid and the shop drawings shall show placement of reinforcing steel. The 30 shop drawing shall be prepared by (or under the direct supervision of) a Professional 31 Engineer, licensed under Title 18 RCW, State of Washington, in the branch of Civil or 32 Structural, and each sheet shall carry the following: 33 34 1. Professional Engineer's original signature, date of signature, original seal, 35 registration number, and date of expiration. 36 37 2. The initials and dates of all participating design professionals 38 39 3. Clear notation of all revisions including identification of who authorized the 40 revision, who made the revision, and the date of the revision. 41 42 4 Design calculations shall carry on the cover page, the Professional Engineer's 43 original signature, date of signature, original seal, registration number, and 44 date of expiration. 45 46 For each type of junction box, or whenever there is a change to the junction box design, 47 a proof test, as defined in this Specification, shall be performed and new shop drawings 48 submitted. 49 50 9-29.2(1)A Standard Duty Junction Boxes 51 The sub -paragraph's titled "Concrete Junction Boxes" are revised to read: AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 9-29.2(1)B Heavy Duty Junction Boxes 24 The section is revised to read: 25 Concrete Junction Boxes The Standard Duty Concrete Junction Box steel frame, lid support, and lid shall be painted with a black paint containing rust inhibiters or painted with a shop applied, inorganic zinc primer in accordance with Section 6-07.3, or hot -dip galvanized in accordance with AASHTO M 111 All Standard Duty Concrete Junction Boxes placed in sidewalks, walkways, and shared -use paths shall have slip -resistant surfaces. Non -slip lids and frames shall be hot dip galvanized. Concrete used in Standard Duty Junction Boxes shall have a minimum compressive strength of 6,000 psi when reinforced with a welded wire hoop, or 4,000 psi when reinforced with welded wire fabric or fiber reinforcement. The frame shall be anchored to the box by welding headed studs 3/ by 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. Materials for Type 1, 2, and 8 Concrete Junction Boxes shall conform to the following: Materials Requirement Concrete Section 6-02 Reinforcing Steel Section 9-07 Fiber Reinforcing ASTM C 1116, Type III Lid ASTM A 786 diamond plate steel Slip Resistant Lid ASTM A 36 steel Frame ASTM A 786 diamond plate steel or ASTM A36 steel Slip Resistant Frame ASTM A 36 steel Lid Support ASTM A 36, or ASTM A1011 Grade SS Handle & Handle support ASTM A 36 steel or ASTM A1011 Grade CS or SS Anchors (studs) Section 9-06.15 Bolts, Studs, Nuts, Washers ASTM F 593 or A 193, Type 304 or 316, or Stainless Steel grade 302, 304, or 316 steel in accordance with approved shop drawing Locking and Latching Mechanism Hardware and Bolts In accordance with approved shop drawings 26 Heavy -Duty Junction Boxes shall be concrete and have a minimum vertical Toad rating 27 of 46,000 pounds without permanent deformation and 60,000 pounds without failure 28 when tested in accordance with Section 9-29.2(1)C. 29 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 38 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The Heavy -Duty Junction Box steel frame, lid support and lid shall be painted with 2 a shop applied, inorganic zinc primer in accordance with Section 6-07.3. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Materials for Type 4, 5, and 6 Concrete Junction Boxes shall conform to the following: Materials Requirement Concrete Section 6-02 Reinforcing Steel Section 9-07 Lid ASTM A 786 diamond plate steel, rolled from plate complying with ASTM A 572, grade 50 or ASTM A 588, and having a min. CVN toughness of 20 ft -Ib at 40 degrees F. Frame and stiffener plates ASTM A 572 grade 50 or ASTM A 588, both with min. CVN toughness of 20 ft -Ib at 40 degrees F Handle ASTM A 36 steel or ASTM A 1011 Grade CS or SS Anchors (studs) Section 9-06.15 Bolts, Studs, Nuts, Washers ASTM F 593 orA 193, Type 304 or 316, or Stainless steel grade 302, 304, or 316 in accordance with approved shop drawing Hinges and Locking and Latching Mechanism Hardware and Bolts In accordance with approved shop drawings The lid stiffener plates shall bear on the frame, and be milled so that there is full even contact, around the perimeter, between the bearing seat and lid stiffener plates, after fabrication of the frame and lid. The bearing seat and lid perimeter bar shall be free from burrs, dirt, and other foreign debris that would prevent solid seating. Bolts and nuts shall be liberally coated with anti -seize compound. Bolts shall be installed snug tight. The bearing seat and lid perimeter bar shall be machined to allow a minimum of 75 percent of the bearing areas to be seated with a tolerance of 0.0 to 0.005 inches measured with a feeler gage. The bearing area percentage will be measured for each side of the lid as it bears on the frame. 18 9-29.2(1)C Testing Requirements 19 The first paragraph is revised to read: 20 21 The Contractor shall provide for testing of junction boxes, cable vaults and pull boxes. 22 Junction boxes, cable vaults and pull boxes shall be tested by an independent materials 23 testing facility, and a test report issued documenting the results of the tests performed. 24 25 The second paragraph is revised to read: 26 27 For concrete junction boxes, vaults and pull boxes, the independent testing laboratory 28 shall meet the requirements of AASHTO R 18 for Qualified Tester and Verified Test 29 Equipment. The test shall be conducted in the presence of a Professional Engineer, 30 licensed under Title 18 RCW, State of Washington, in the branch of Civil or Structural, 31 and each test sheet shall have the Professional Engineer's original signature, date of AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 39 1 signature, original seal, registration number, and date of expiration. One copy of the test 2 report shall be furnished to the Contracting Agency certifying that the box and cover 3 meet or exceed the loading requirements for a concrete junction box, and shall include 4 the following information: 5 6 1 Product identification. 7 8 2. Date of testing. 9 10 3. Description of testing apparatus and procedure. 11 12 4. All load deflection and failure data. 13 14 5. Weight of box and cover tested. 15 16 6. Upon completion of the required test(s) the box shall be loaded to failure. 17 18 7. A brief description of type and location of failure. 19 20 The third paragraph is revised to read: 21 22 For non -concrete junction boxes the independent testing laboratory shall meet the 23 requirements of AASHTO R 18 for Qualified Tester and Verified Test Equipment. The 24 test shall be conducted in the presence of a Professional Engineer, licensed under Title 25 18 RCW, State of Washington, in the branch of Civil or Structural, and each test sheet 26 shall have the Professional Engineer's original signature, date of signature, original 27 seal, registration number, and date of expiration. One copy of the test report shall be 28 furnished to the Contracting Agency certifying that the box and cover meet or exceed 29 the loading requirements for a non -concrete junction box, and shall include the following 30 information: 31 32 1. Product identification. 33 34 2. Date of testing 35 36 3. Description of testing apparatus and procedure. 37 38 4. All load deflection data. 39 40 5. Weight of box and cover tested. 41 42 The first paragraph following the title "Testing for the Standard Duty Non -Concrete 43 Junction Boxes" is revised to read: 44 45 Non -concrete Junction Boxes shall be tested as defined in the ANSI/SCTE 77-2007 Tier 46 15 test method with test load minimum of 22,500 lbs. In addition, the Contractor shall 47 provide a Manufacture Certificate of Compliance for each non -concrete junction box 48 installed. 49 50 9-29.2(2) Standard Duty and Heavy -Duty Cable Vaults and Pull Boxes 51 This section is revised to read: 52 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 40 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Standard Duty and Heavy-Duty Cable Vaults and Pull Boxes shall be constructed as a 2 concrete box and as a concrete lid. The lid for the Heavy-Duty and Standard Duty Cable 3 Vaults and Pull Boxes shall be interchangeable and both shall fit the same box as 4 shown in the Standard Plans. 5 6 The Contractor shall provide shop drawings for all components, including concrete box, 7 Cast Iron Ring, Ductile Iron Lid, Steel Rings, and Lid. In addition, the shop drawings 8 shall show placement of reinforcing steel, knock outs, and any other appurtenances. 9 The shop drawing shall be prepared by or under the direct supervision of a Professional 10 Engineer, licensed under Title 18 RCW, State of Washington, in the branch of Civil or 11 Structural, and each sheet shall carry the following: 12 13 1. Professional Engineer's original signature, date of signature, original seal, 14 registration number, and date of expiration. 15 16 2. The initials and dates of all participating design professionals 17 18 3. Clear notation of all revisions including identification of who authorized the 19 revision, who made the revision, and the date of the revision. 20 21 4 Design calculations shall carry on the cover page, the Professional Engineer's 22 original signature, date of signature, original seal, registration number, and 23 date of expiration. 24 25 For each type of box or whenever there is a change to the Cable Vault or Pull box 26 design, a proof test, as defined in this Specification, shall be performed and new shop 27 drawings submitted. 28 29 9-29.2(2)A Standard Duty Cable Vaults and Pull Boxes 30 This section is revised to read: 31 32 Standard Duty Cable Vaults and Pull boxes shall be concrete and have a minimum Toad 33 rating of 22,500 pounds and be tested in accordance with Section 9-29.2(1)C for 34 concrete Standard Duty Junction Boxes. 35 36 Concrete for standard duty cable vaults and pull boxes shall have a minimum 37 compressive strength of 4,000 psi. The lid frame shall be anchored to the vault/box 38 concrete lid by welding headed studs % by 3 inches long, as specified in Section 9- 39 06.15, to the frame. The wire fabric shall be attached to the studs and frame with 40 standard tie practices. The vault/box concrete lid shall contain ten studs located near 41 the centerline of the frame and wall. Studs shall be placed one anchor in each corner, 42 one at the middle of each width and two equally spaced on each length of the vault/box. 43 The steel frame, lid support, and lid shall be painted with a black paint containing rust 44 inhibiters or painted with a shop applied, inorganic zinc primer in accordance with 45 Section 6-07.3 or hot-dip galvanized in accordance with ASTM A 111. 46 47 All Standard Duty Cable Vaults and Pull Boxes placed in sidewalks, walkways, and 48 shared-use paths shall have slip-resistant surfaces. The steel frame, lid support, and lid 49 for the Standard Duty Cable Vaults and PuII Boxes shall be hot-dip galvanized. 50 51 Materials for Standard Duty Cable Vaults and Pull Boxes shall conform to the following: 52 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 41 Materials Requirements Concrete Section 6-02 Reinforcing Steel Section 9-07 Lid ASTM A 786 diamond plate steel Slip Resistant Lid ASTM A 36 Steel Frame ASTM A 786 diamond plate steel or ASTM A 36 Slip Resistant Frame ASTM A 36 Steel Lid Support ASTM A 36 Steel, or ASTM A 1011 Grade SS Handle & Handle Support ASTM A 36 steel or ASTM A 1011 Grade CS or SS Anchors (studs) Section 9-06.15 Bolts, Studs, Nuts, Washers ASTM F593 or A 193, type 304 or 316, or Stainless steel grade 302, 304, 316 per approved shop drawing Hinges and Locking Mechanism Hardware and Bolts Per approved shop drawings 1 2 3 9-29.2(2)B Heavy -Duty Cable Vaults and Pull Boxes 4 This section is revised to read. 5 6 Heavy -Duty Cable Vaults and Pull Boxes shall be constructed of concrete having a 7 minimum compressive strength of 4,000 psi, and have a minimum vertical load rating of 8 46,000 pounds without permanent deformation and 60,000 pounds without failure when 9 tested in accordance with Section 9-29.2(1)C for Heavy -Duty Junction Boxes 10 11 12 Materials for Heavy Duty Cable Vaults and Pull boxes shall conform to the following. Materials Requirements Concrete Section 6-02 Reinforcing Steel Section 9-07 Cover Section 9-05.15(1) Ring Section 9-05.15(1) Anchors (studs) Section 9-06.15 Bolts, Nuts, Washers ASTM F 593 or A 193, Type 304 or 316, or Stainless steel grade 302, 304, 316 in accordance with approved shop drawing 13 14 9-29.10 Luminaires 15 The third paragraph is revised to read: 16 17 All luminaires shall be provided with markers for positive identification of light source 18 type and wattage. Markers shall be 3 inches square with Gothic bold, black 2 -inch 19 legend on colored background. Background color shall be gold for high-pressure 20 sodium and red for metal halide, and white for induction Tight sources. Legends shall be 21 sealed with transparent film resistant to dust, weather, and ultraviolet exposure. AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 42 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 9-29.10(2) Decorative Luminaries 3 The second sentence in the third paragraph is deleted. 4 5 9-29.13(7)B Auxiliary Equipment for NEMA Controllers 6 In the first paragraph, item number's 8-13 are renumbered to read 9-14 respectfully 7 8 Item number 7 in the first paragraph is revised to read: 9 10 7. A "Display Panel" when noted in the Contract. The display panel shall depict a 11 generic eight -phase operation. The panel shall be mounted on the inside of the 12 front cabinet door and the mounting shall be of a design that allows positioning of 13 the panel in four orientations 90 degrees from each other. The mounting shall be 14 removable without use of any tools. Incandescent red, yellow, green, walk and 15 don't walk indicator lights shall be provided for each phase. The indicator lights 16 shall be connected to the associated field terminals. The connecting cable shall be 17 long enough to allow for any mounting orientation. No diodes will be allowed in the 18 display panel. A means of disconnecting all wiring entering the panel shall be 19 provided. Switches shall be provided on the panel with labels and functions as 20 follows: 21 22 a. Display On — Signal indicator lamps will display the operation of the 23 intersection. 24 25 b. Test — All indicator lamps shall be energized. 26 27 c. Display Off — All signal indicator lamps shall be de -energized. 28 29 The following new numbered item is inserted after item number 7.: 30 31 8. A "Detector Panel", as specified in Section 9-29.13(7)D, shall be installed. The 32 panel shall be mounted on the inside of the front cabinet door The detector panel 33 shall be constructed as a single unit. Detector switches with separate operate, test, 34 and off positions shall be provided for each field detector input circuit. A high 35 intensity light emitting diode (LED) shall be provided for each switch. The lamp 36 shall energize upon vehicle, pedestrian or test switch actuation. The test switch 37 shall provide a spring loaded momentary contact that will place a call into the 38 controller When in the OFF position, respective detector circuits will be 39 disconnected. In the operate position, each respective detector circuit shall operate 40 normally. Switches shall be provided on the panel with labels and functions as 41 follows. 42 43 a. Display On — Detector indicator lights shall operate consistent with their 44 respective switches. 45 46 b. Display Off — detector indicator lights shall be de -energized. 47 48 A means of disconnecting all wiring entering the panel shall be provided. The 49 disconnect shall include a means to jumper detection calls when the display panel 50 is disconnected. All switches on the panel shall be marked with its associated Plan 51 detector number. All markers shall be permanent. 52 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 43 1 9-29.13(7)E Type 170E, 170E -HC -11, 2070, 2070 Lite, ATC Controller Cabinets 2 The following new title is inserted after the fifth sentence in the first paragraph: 3 4 9-29.13(7)F Ramp Meter, Traffic Data, and Warning Sign Cabinets 5 6 9-29.16(1)A1 Conventional Optical System 7 This section's title is revised to read: 8 9 9-29.16(1)A1 Non -LED Optical System 10 11 9-29.16(1)D1 Electrical - Conventional 12 This section's title is revised to read: 13 14 9-29.16(1)D1 Electrical — Non -LED 15 16 9-29.24 Service Cabinets 17 In the first paragraph, the lettered items A -J are re -lettered to read B -K respectfully. 18 19 The first paragraph is supplemented with the following new lettered item: 20 21 A. Display an arc flash warning label that meets the requirements of ANSI Z535. 22 23 9-29.25 Amplifier, Transformer, and Terminal Cabinets 24 In item No. 2.0 , "Transformer 23.1 to 12.5 KVA" is revised to read "Transformer 3.1 to 12.5 25 KVA" and the height column value of 40" is revised to read "48" 26 27 The first sentence of the first paragraph is revised to read: 28 29 Amplifier and terminal and transformer cabinets shall be NEMA 3R and the following: 30 31 Item number 5 is revised to read: 32 33 5 All cabinets shall provide a gasketed door flange 34 35 Item number 7 is revised to read. 36 37 7. Insulated terminal blocks shall be 600 volt, heavy-duty, barrier type. The terminal 38 blocks shall be provided with a field -side and a control -side connector separated by 39 a marker strip. One spare 12 -position insulated terminal block shall be installed in 40 each terminal cabinet and amplifier cabinet. 41 42 Item number 8 is revised to read: 43 44 8. Each non -pad mounted Terminal, Amplifier and Transformer cabinet shall have 1/4 45 inch drain holes in back corners. Each pad mounted Terminal, Amplifier and 46 Transformer cabinet shall drain to a sump and through a 3/8 inch diameter drain 47 pipe to grade as detailed in the Standard Plans. 48 49 Item number 10 is revised to read' 50 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 44 1 10. Transformer cabinets shall have two separate compartments, one for the 2 transformer and one for the power distribution circuit breakers. Each compartment 3 shall be enclosed with a dead front. Each breaker shall be labeled with the device 4 name by means of a screwed or riveted engraved name plate. 5 6 9-34.AP9 7 Section 9-34, Permanent Marking Material 8 April 2, 2012 9 9-34.2 Paint 10 The second paragraph is revised to read: 11 12 Blue and black paint shall comply with the requirements for yellow paint in Section 9- 13 34.2(4) and Section 9-34.2(5), with the exception that blue and black paints do not need 14 to meet the requirements for titanium dioxide, directional reflectance, and contrast 15 ration. 16 AMENDMENTS TO THE 2012 STANDARD SPECIFICATIONS BOOK Revised: 8/6/2012 Page 45 WASHINGTON YAKIMA STATE MAP LEGEND EXISTING FEATURES (SIZE, TYPE) IRRIGATION IRR IRR IRRIGATION VALVE GAS UNE G C HOSE BIB SANITARY SEWER SS SS STEEL POLE/BOLLARD DOMESTIC WATER w w PULL BOX INDUSTRIAL WASTE IND IND STREET UGHT STORM DRAIN 5D 5D UTIUTY POLE CULVERT - CULV CULV ANCHOR FIBER OPTICS 50 ' FD TRAFFIC SIGNAL UNDERGROUND POWER UP UP GAS METER OVERHEADPOWER OHP 050 MAILBOX FENCE SIGN MANHOLE 0 DECIDUOUS TREE CATCH BASIN ® C3 EVERGREEN TREE DRYWELL ® SHRUB/HEDGE CLEANOUT OO FIRE HYDRANT i7 WATER VALVE m WATER METER 5 CITY OF YAKIMA DATUM ELEVATION USCGS BENCH MARK X40, 1933 STAMPED 1073.508 SET IN EAST WALL OF OLD RAIL ROAD DEPOT BUILDING (LOCATED ON FRONT STREET) 3.5' BRASS CAP NEW FEATURES INDUSTRIAL WASTE FORCE MAIN CASING C INDUSTRIAL WASTE FORCE MAIN PIPE INDUSTRIAL WASTE CASING VENT ASPHALT PAVEMENT TRENCH REPAIR INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING CITY PROJECT NO. WW2327 HLA JOB NO. 12076 SEPTEMBER 2012 SHEET INDEX SHEET 1 COVER SHEET SHEET 2 GENERAL NOTES AND VICINITY MAP SHEET 3 PLAN & PROFILE SHEET 4 DETAILS 4 HuHL ibregtse, Louman Associates, Inc. Civil Engineering o Land Surveying.Planning 8ot_ North 39th Avenue Yaldma, WA 98902 509.966.7000 Fax 509.965.3800 www.hlacivii.com JOB NUMBER 12076 DATE. 09-13-12 REVISION DATE FILE NAMES. DRAWING. 12076.dwg PLAN: 12076 dwg PROFILE. rcprf001.dwg DESIGNED BY BAA ENTERED BY SG CITY OF YAKIMA INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING COVER SHEET SHEET 1 OF 4 GENERAL NOTES 1 THE CONTRACTOR SHALL VISIT THE PROJECT AREA(S) TO NOTE EXISTING CONDITIONS, TO DETERMINE THE LOCATION OF EXISTING FEATURES, AND TO DETERMINE THE REQUIREMENTS FOR THIS CONTRACT IN ACCORDANCE WITH SECTION 1-02.4(1) OF THE STANDARD SPECIFICATIONS. ALL DISTURBANCE, REMOVAL, REPLACEMENT, AND RESTORATION OF EXISTING FEATURES SHALL BE COMPLETED BY THE CONTRACTOR. 2. EXISTING UTILITY LOCATIONS WERE TAKEN FROM CITY UTILITY MAP RECORDS AND FIELD LOCATES, BUT MAY NOT REFLECT ACTUAL LOCATIONS. ANY DAMAGE TO PUBLIC UTILITIES OR ADJACENT PROPERTIES AS A RESULT OF THE CONSTRUCTION ACTIVITIES SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. REPAIRS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR AND SHALL BE MADE IN A TIMELY MANNER TO THE SATISFACTION OF THE DAMAGED PARTY 3. THE CONTRACTOR MUST CALL THE LOCAL UTILITY LOCATION REQUEST CENTER NOT LESS THAN 72 HOURS NOR MORE THAN 10 BUSINESS DAYS BEFORE ANY EXCAVATION, TO REQUEST FIELD LOCATIONS OF UTILITIES. THE TELEPHONE NUMBER FOR THE ONE CALL CENTER FOR THIS PROJECT IS 1-800-424-5555. PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL BE REQUIRED TO POTHOLE AND VERIFY EXISTING UTILITY LOCATIONS AND ELEVATIONS, ESPECIALLY AT THE CONNECTION POINTS AND AT POTENTIAL UTILITY CONFLICTS. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE ENGINEER IMMEDIATELY WHERE EXISTING UTILITIES ARE FOUND TO CONFLICT WITH PROJECT IMPROVEMENTS. NO ADDITIONAL COMPENSATION WILL BE ALLOWED FOR POTHOLING OR VERIFICATION OF EXISTING UTILITY LOCATIONS. 4 ALL CONSTRUCTION SHALL CONFORM TO THE LATEST EDITION OF THE STANDARD SPECIFICATIONS FOR ROAD, BRIDGE, AND MUNICIPAL CONSTRUCTION AS PUBLISHED BY THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) AND THE AMERICAN PUBLIC WORKS ASSOCIATION (APWA) AND THE SPECIAL PROVISIONS OF THE CITY OF YAKIMA. 5. THE CONTRACTOR SHALL REMOVE ALL DEBRIS FROM THE SITE. NO BURNING WILL BE ALLOWED. THE CONTRACTOR SHALL BE REQUIRED TO SECURE AND OPERATE HIS OWN WASTE DISPOSAL SITE AT HIS OWN EXPENSE FOR THE DISPOSAL OF ALL UNSUITABLE MATERIAL, ASPHALT, CONCRETE, DEBRIS, WASTE MATERIAL, AND ANY OTHER OBJECTIONABLE MATERIAL WHICH IS DIRECTED TO WASTE. THE CONTRACTOR SHALL COMPLY WITH THE STATE OF WASHINGTON REGULATIONS REGARDING DISPOSAL OF WASTE MATERIAL AS OUTLINED IN WAC 173-304, SUBCHAPTER 461 6. AT ALL TIMES DURING CONSTRUCTION, THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTROLLING ON—SITE EROSION DUE TO WIND AND RUNOFF 7 A PRECONSTRUCTION MEETING WITH THE LOCAL JURISDICTION/PUBLIC WORKS DEPARTMENT, THE ENGINEER, THE CONTRACTOR, AND INTERESTED UTILITY COMPANIES SHALL BE HELD A MINIMUM OF ONE WEEK PRIOR TO BEGINNING CONSTRUCTION. THE CITY'S INSPECTOR SHALL BE GIVEN 48—HOURS MINIMUM NOTICE PRIOR TO THE START OF WORK. 8. THE CONTRACTOR SHALL HAVE ONE (1) SIGNED COPY OF THE APPROVED PLANS, ONE (1) COPY OF THE APPROPRIATE STANDARDS AND SPECIFICATIONS, AND A COPY OF ANY PERMITS NEEDED FOR THE JOB, ON—SITE AT ALL TIMES. 9 IF WORKERS ENTER ANY TRENCH OR OTHER EXCAVATION FOUR FEET OR MORE IN DEPTH THAT DOES NOT MEET THE OPEN PIT REQUIREMENTS OF WSDOT/APWA SECTION 2-09 3(3)B, IT SHALL BE SHORED AND CRIBBED THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR WORKER SAFETY AND THE ENGINEER ASSUMES NO RESPONSIBILITY ALL TRENCH SAFETY SYSTEMS SHALL MEET THE REQUIREMENTS OF THE WASHINGTON INDUSTRIAL SAFETY AND HEALTH ACT, CHAPTER 4917 RCW. 10. IF, DURING THE CONSTRUCTION PROCESS, CONDITIONS ARE ENCOUNTERED BY THE CONTRACTOR, HIS SUBCONTRACTORS, OR OTHER AFFECTED PARTIES, WHICH COULD INDICATE A SITUATION THAT IS NOT IDENTIFIED IN THE PLANS OR SPECIFICATIONS, THE CONTRACTOR SHALL CONTACT THE ENGINEER IMMEDIATELY 11 THE CONTRACTOR SHALL SUBMIT A TRAFFIC CONTROL PLAN, IN ACCORDANCE WITH MUTCD TO THE CITY OF YAKIMA FOR APPROVAL PRIOR TO ANY CONSTRUCTION ACTIVITIES WITHIN, OR AFFECTING, THE RIGHT OF WAY THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ANY AND ALL TRAFFIC CONTROL DEVICES AS MAY BE REQUIRED BY THE CONSTRUCTION ACTIVITIES. 12. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ADEQUATE SAFEGUARDS, SAFETY DEVICES, PROTECTIVE EQUIPMENT, FLAGGERS, AND ANY OTHER ACTIONS NEEDED TO PROTECT THE LIFE, HEALTH, AND SAFETY OF THE PUBLIC, AND TO PROTECT PROPERTY IN CONNECTION WITH THE PERFORMANCE OF WORK COVERED BY THIS CONTRACT ALL SECTIONS OF THE WSDOT/APWA STANDARD SPECIFICATIONS SECTION 1-10, TEMPORARY TRAFFIC CONTROL, SHALL APPLY IF WORK WITHIN THE RIGHT OF WAY WILL INTERRUPT NORMAL TRAFFIC OPERATION. 13. THE CONTRACTOR SHALL BE RESPONSIBLE FOR KEEPING ROADWAYS FREE AND CLEAR OF ALL CONSTRUCTION DEBRIS AND DIRT TRACKED FROM THE SITE. 14 THE CONTRACTOR SHALL BE RESPONSIBLE FOR RECORDING AS—BUILT INFORMATION ON A SET OF RECORD DRAWINGS KEPT AT THE CONSTRUCTION SITE, AND AVAILABLE TO THE CITY OF YAKIMA INSPECTOR AT ALL TIMES. THE CONTRACTOR SHALL DELIVER THESE DRAWINGS TO THE ENGINEER AT THE COMPLETION OF THE WORK. 15. ALL OPERATIONS CONDUCTED ON THE PREMISES, INCLUDING THE WARMING UP, REPAIR, ARRIVAL, DEPARTURE, OR RUNNING OF TRUCKS, EARTH MOVING EQUIPMENT, CONSTRUCTION EQUIPMENT, AND ANY OTHER ASSOCIATED EQUIPMENT SHALL GENERALLY BE LIMITED TO THE PERIOD BETWEEN 7 00 A.M. AND 6 00 P.M. EVERY DAY UNLESS OTHERWISE APPROVED BY THE CITY 16 ALL RIGHT OF WAY, PARCEL CONFIGURATIONS, AND OWNER INFORMATION WAS DEVELOPED FROM THE LATEST CITY OF YAKIMA'S G.I.S. WEBPAGE. NO FIELD SURVEYS HAVE BEEN CONDUCTED THE CONTRACTOR SHALL VERIFY WITH OR REQUEST ADDITIONAL INFORMATION FROM THE ENGINEER WHERE RIGHT OF WAY OR PROPERTY LINES ARE IN QUESTION. 17 THE CONTRACTOR SHALL MAINTAIN ACCESS TO AND FROM RESIDENCES AND BUSINESSES AT ALL TIMES. 18. NO VEHICLES, EQUIPMENT, OR SUPPLIES MAY BE PARKED OR STORED ON PRIVATE PROPERTY OR BNSF PROPERTY, UNLESS A WRITTEN AGREEMENT BETWEEN THE CONTRACTOR AND PROPERTY OWNER IS EXECUTED AND PROVIDED TO THE ENGINEER PRIOR TO CONSTRUCTION. 19 CONTRACTOR SHALL COORDINATE CONSTRUCTION WITH BNSF AS REQUIRED BY THE SPECIFICATIONS AND BNSF PIPELINE LICENSE NUMBERS 11-3028 AND 11-3029 m 0 L West St _et PROJEC •} _ Quin e Street LO TIO WII ow I NMI NMI MIN et Ic I ws to E -s Str Wei Ivo 0' par 1 Street • .0. Jo_ na VICINITY MAP • 0110 00 ea los • • t0 0 • • f* • H L A Huibregtse, Louman Associates, Inc. Civil Engineering o Land Surveying.Planning 8o1. North 39th Avenue Yakima, WA 98902 509.966.7000 Fax 509.965.3800 www.hlacivil.com JOB NUMBER: 12076 DATE. 09-13-12 FILE NAMES. DRAWING 12076 dwg PLAN: 12076 dwg PROFILE. rcprf001 dwg CITY OF YAKIMA INDUSTRIAL WASTE FORCE MAINS RAILROAD CROSSING REVISION DATE DESIGNED BY ENTERED BY - BAA SG GENERAL NOTES AND VICINITY MAP SHEET 2 OF 4 1090 1085 W Z L (181313-42496) Roche Fruit Co. 901 N 1st Ave G SERVICE G oHr 0I -IP 0 c _5 -GRAVEL -Z._ oHr oHr oHr OHP IR OH of 1 12" CONC RIPRAP DRAIN (PROTECT AND = PRESERVE) HP _-GRAVEL—_ w LL1— Z NNZ w 2 10" HDPE CASING, APPROXIMATELY 8.5' DEEP PER AS -GUILTS _B{ r TOP IOF UP 10 20 40 MEN sGRAVEL-z_ HP ANCHOR -0 Street; UP -0- INU IN0 IND 140 ,No IND t1 IND IND INU IND Nu 'ND IN. EX 4' AND 6" PVC INDUSTRIAL WASTE FORCE MAINS 3 0 ------- _—GRAVELZ__ w W " CON \ DRAIN J TOP OF CONC. LINER — _--NI LINER 6"W W (TURNED OFF) AINS4IN NEW STEEL RAILING i 0 I� O z (181313-42498) Aileene Roche N 1st Ave CLEAR ZONE 65 LF 30' CLEAR ZONE JACK BORE 30' CLEAR ZONE CONCR LINE' UNDE" GR AV TICAL TE CANAL • BURIED ASPHALT EX. 4" AND INDUSTRIAL IRCE 6014 PVC WASTE N .t C_ CAN LI ER W 128 L.F JP CK/BORE 55 L.F TRENCH 0 STA 17+13± TO STA. 17+28± RT, OPEN CUT AND INSTALL APPROXIMATELY 19 L.F NEW 4" AND 6" PVC PIPE. REMOVE EXISTING CAPS/PLUGS/PIPE AS NECESSARY AND CONNECT TO EXISTING PLUG ABANDONED PIPE WITH CONCRETE. O INSTALL NEW 4" AND 6" MJ 45' ELBOWS AND ALL CONCRETE THRUST BLOCKING O STA. 17+28± TO STA. 17+93± RT , JACK/BORE UNDER EXISTING RAILROAD TRACKS AS SHOWN AND INSTALL 65 L.F. OF NEW 24" STEEL CASING PIPE. TOP OF CASING ELEVATION 1075.50 0 STA. 17+93± TO STA. 18+45f RT , OPEN CUT AND INSTALL APPROXIMATELY 52 L.F. OF NEW 24" STEEL CASING PIPE. TOP OF CASING ELEVATION: 1075 50 tri‘f.•. q■ IIIII■gr 1 a ..aw.lumm■g qmum �■immimm L I kill; 1080 111.,;1 1'111 r,. m oI) STA. 18+45± TO STA. 19+73± RT., JACK/BORE UNDER EXISTING RAILROAD TRACKS AS SHOWN AND INSTALL 128 L.F OF NEW 24" STEEL CASING PIPE. TOP OF CASING ELEVATION 1075 50 0 STA. 19+73± TO STA. 20+28± RT., OPEN CUT AND INSTALL APPROXIMATELY 55 L.F. OF NEW 24" STEEL CASING PIPE. TOP OF CASING ELEVATION' 1075 50 Q STA. 17+28± TO STA. 20+28± RT., SLIPLINE APPROXIMATELY 300 L.F. OF NEW 4" AND 6" RESTRAINED JOINT PVC PIPE IN NEW 24" STEEL CASING PIPE, INCLUDING INSULATORS AND END SEALS. 0 STA. 17+28± AND STA. 20+26± RT , INSTALL CATHODIC PROTECTION AND VENT ASSEMBLY AT ENDS OF CASING PIPE, PER DETAILS INSTALL EAST VENT ASSEMBLY TO WEST OF GUARDRAIL. J m ANCHOR �i1 II II III I I Wf■mfOfgggf�fqfffMENEM1 fq ff�fffffff a1R9 fgf�iffffff■gff qq■.q ■ ■■�■■.•.■■qqq■I .. A'7111L•Ia7tq• 4U�1� q■■AW■■W qq ■qf■ .....q w■■■■q■■g1�gU■■�■q■■■■W ■gq■q�gm mgfW 0 STA 20+28± TO STA. 20+42± RT, OPEN CUT AND INSTALL APPROXIMATELY 20 L.F NEW 4" AND 6" PVC PIPE. REMOVE EXISTING BURIED CONCRETE CANAL LINER AND PIPE AS NECESSARY. CONNECT TO EXISTING STA 20+28± TO STA. 20+42f RT , PROVIDE SELECT BACKFILL FULL DEPTH OF TRENCH AND CMA TRENCH REPAIR ASPHALT EDGES SHALL BE NEAT LINE CUT PRIOR TO TRENCH REPAIR NORTHERLY ASPHALT EDGE SHALL MATCH EXISTING ASPHALT PATCH EDGE. PROVIDE GRAVEL SURFACING REPAIR PER DETAIL, UNLESS OTHERWISE DIRECTED BY ENGINEER. CONTRACTOR SHALL COORDINATE CONSTRUCTION WITH BNSF AS REQUIRED BY THE SPECIFICATIONS AND BNSF PIPELINE LICENSE NUMBERS 11-3028 AND 11-3029 GUARDRAIL (PRESERVE AND PROTECT) MAILB0x 1 THE CONTRACTOR SHALL BE REQUIRED TO POTHOLE AND VERIFY EXISTING UTILITY LOCATIONS AND ELEVATIONS. © DENOTES PROPOSED BORE PIT LOCATION FOR JACK/BORE ACTIVITIES ACTUAL LOCATIONS SHALL BE PROPOSED BY THE CONTRACTOR AND APPROVED BY THE ENGINEER PRIOR TO CONSTRUCTION. ® DENOTES PROPOSED RECEIVING PIT LOCATION FOR JACK/BORE ACTIVITIES. ACTUAL LOCATIONS SHALL BE PROPOSED BY THE CONTRACTOR AND APPROVED BY THE ENGINEER PRIOR TO CONSTRUCTION 1090 I 1 •1 ' I - 1 '7 , I.' •..■mq ■q■■qq■■■� -t l.■ ff■q■q W■q■■gq■■■■■■■■m ins q.■gwWwq■� ■�■ �u ,■ry ■ppb _ p� q■fq■q�■1■.q■q■■■■■■ q.■■■ ��■■q■■�=�O���yIT+'aiN. 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OR APPROVED EQUAL 24' DIAM. STEEL CASING CALPICO PIPE INSULATOR �i' MAX APPROVED EQUAL, SEE SPECIFICATIONS OR CALPICO PIPE INSULATOR, SEE SPECIFICATIONS EXISTING/FINISHED GROUND SURFACE LEAD WIRE ,e,,,4 -r\ /\ \\,,,& ,�\ \ \•-•,....,... \�\\ \j „,\i\ \ \4;,\/,,v.),'.' V \\� ' HEAT SHRINKABLE SLEEVE SILVER SOLDER OR BRAZE CONNECTION /12 AWG SOLID COPPER LEAD N1RE THHNCLOTH INSULATION THERMITE WELD OR PIN INSTALLED AT A BRAZE CONNECTION OF OR BELOW PIPELINE SPRINGUNE PIPELJNE SPRINGUNE DEPTH ; •�./ ' f�PREPARED Y BACKFILL, SEE SPECIFICATIONS BAG GALVANIZED STEEL CORE MAGNESIUM INGOT y mIFIE: � tilir- ®1�� �01 10• MAX MAX NEW 6� AND 4� PVC:_ INDUSTRIAL WASTE Pigg: RESTRAIN AU. PIPE BELL JOINTS FIELD LOK GASKET OR APPROVED THROUGH CASING EQUAL 1' EACH SIDE 00 � JOINT WITH - TYPICAL PIPE CASING � .. .. STEEL CASING 5' MIN. 17 LB. PREPACKAGED MAGNESIUM ANODE TYPICAL CATHODIC PROTECTION PREPACKAGED MAGNESIUM ANODE DETAIL NOT TO SCALE NOT TO SCALE NOT TO SCALE SEE TRENCH SURFACING REPAIR 3'-180' DETAIL. FOR SURFACING REQUIREMENTS EXISTING UNDISTURBED SURFACE ELBOW Y - NATIVE MATERIAL EXCAVATION •`V • BEE -HIVE re SHALL 8E USED FOR BACKFILL UNLESS OTHERWISE DIRECTED THE UNE / STRAINER EE1MPACTIONENGINEER. BY STREET ALTERNATE BACKSLOPE AT c I ALL TRENCH BACKFILL INCLUDING z E,,, BEDDING MATERIAL SHALL BE w COMPACTED IN ACCORDANCE WITH i� THE SPECIFICATIONS, EXCEPT HAND oo AND ALLEY CROSSING TRENCHES SHALL_ BE BACKFILLED 12 12' CONTRACTOR'S OPTION ;I. ONLY DIRECTLY OVER PIPE FOR 6 INCHES. MECHANICAL COMPACTION IS REQUIRED UNLESS < WITH IMPORTED SELECT BACKFILL, AS 5HOWN ON - 2• f� EXISTING/FINAL GROUND SURFACE WATER SETTLING IS ALLOWED BY THE SPECIFICATIONS a c PLANS. , DETECTABLE MARKING TAPE \/>\., /\//\, /,‘„,,,.>2/,‘„,,,.>2\. .. IN .te a\ '/ \ Ay'\,</'j 6 ,,VCF� OVER ALL PIPES PER SECTION 9-15.18 CF THE STANDARD SPECIFICATIONS. 6' THICK CLASS 3000 CEMENT CONCRETE 4" PVC INDUSTRIAL WASTE i 04' VIII • 6� • 4- BCORE EAD WELD L VERTICAL VENT PIPE TO CASING 2' G.I. I _ '/./1 ,//moi '07 `�, /vii 6' PVC INDUSTRIAL WASTE BEDDING MATERIAL SHALL MEET THE UNDISTURBED EARTH REQUIREMENTS OF CRUSHED SURFACING TOP NOT: COURSE PER SECTION 9-03.9(3) OF THE STANDARD SPECIFICATIONS CONTRACTOR SHALL COMPLY WITH AU. APPUCABLE 0.S.H.A. AND W.I.S.H.A. SAFETY AND HEALTH REGULATIONS. TYPICAL TRENCH DETAIL — ip — STEEL CASING TYPICAL CASING VENT ASSEMBLY NOT TO SCALE NOT TO SCALE CMA PATCH 1<i SAWCUT GRAVEL REPAIR EXISTING PAVEMENT SURFACING DEPTH PAYMENT OMITS, SEE PLANS o << ¢w� EXISTING iliiiMMINI VARIES SAWCUT SYMMETRICAL ABOUT C OF PIPE owl (MIN) PAVEMENT DERFACING DEPTH VARIES PAYMENT UN (MIN) %///////%/!//I///////////// %/ ///•• / Ar AMINIMMISEIMMOSOIE p% MEAMENtrAllir 4 ' COLD MIX ASPHALT y� (CMA)ri -9- f SELECT f1v BACKFILL CRUSHEDSURFACING/ 4 COURSE ALTERNATE BACKSLOPE y ALTERNATE BACKSLOPE AT CONTRACTORS OPTION COLD MIX ASPHALT AT CONTRACTORS 001105 GRAVEL SURFACING UNSURFACED REPAIR PAYMENT UNITS EXCAVATION-� 1f0 NOTES: PAYMENT UN EXISTING GROUND 1. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL POW j,, !'' /��� C II.�IIIII�, hT NG WIDER TRENCH SURFACENISHOWN, PAYMENT LIMITS ING F .INCLUDING WIDER TRENCH WN, INCLUDING SECTIONS RESULTING FROM LAYING BACK TRENCH SIDES AT THE CONTRACTORS OPTION. NO MEASUREMENT OR PAYMENT WILL BE MADE FOR 12" (MIN.) SILT MATERIAL FREE FROM ROCKS. STORE IN STOCKPILESURFACE WHEN REMOVED DURING TRENCHING '�j OPERATIONS. REPLACE TO MINIMUM /4 THICKNESS SHOWN. IF EXISTING `� REPAIR BEYOND THE PAYMENT OMITS. / 2. NO MEASUREMENT OR PAYMENT WILL 8E MADE FOR ALTERNATE BACKSLOPE TRENCH SURFACING REPAIR IN UNSURFACED AREAS. GROUND SURFACE ADJACENT TO N TRENCH DOES NOT INCLUDE SILT OVERBURDEN, THEN BACKFILL TO ESURFACE MTH NATIVE MATER IAL FROM TRENCH. 1� EUNSURFACED AT CONTRACTORS OPTION 3. ALL THICKNESSES ARE COMPACTED DEPTHS. AREAS TRENCH SURFACING REPAIR NOT TO SCALE JOB NUMBER: DATE. SHEET 8oi North 39th Avenue QF,L T &q 12076 09 —2 C I TY OF YA K I M A HLA Yaldma,WA989o2 �.�"oFRASHi', / FILE NAMES. 4 .... �` �. DRAWING. 12076 dwg INDUSTRIAL WASTE FORCE MAINS 1 Huibregtse, Lotman Associates, Inc. 509.966.7000 I/ i rl PLAN: 12076 dwg PROFILE. dwg RAILROAD CROSSING of _ Fax 509.965.3800 rcprf001 Civil Engineering. 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