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Tri-Valley Construction - Richardson Airways Site Cleanup - 2400 W. Washington
Time: 2:00 PM Location: City of Yakima - Planning Conference Room (2nd Floor) �g Cry ClZ4k Construction Contract pecifications & Bid Documents oq tcicnardson Airways Site Cleanup 2400 West Washington Avenue September 2009 City of Yakima - Engineering 129 North Second Street Yakima, WA 98901 Engineering Department Phone (509)575 -6111 Engineering Construction FAX (509)576 -6383 Engineering Design FAX (509)576 -6305 City of Yakima No. 2145 The City of Yakima is implementing a cleanup action including the removal of contaminated soil at the Richardson Airways Site located at the Yakima Air Terminal, 2400 Washington Avenue, in Yakima County, Washington. The Air Terminal is currently owned and operated jointly by the City and County. City Of Yakima Engineering Division (; 129 North Second Street Yakima, Washington I zs BID SUMMARY RICHARDSON AIRWAYS SITE CLEANUP Tri•Valley Construction Yakima, WA NRC Environmental Spokane, WA 3 Kings Environmental Battle Ground, WA Glacier Environmental Mukilteo, WA ITEM BID SECURITY QTY UNIT ENGINEERS ESTIMATE 5% BOND 5% BOND 5% BOND S %BOND NO. ITEM UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 WORK PLANS 1 LS $500.00 $500.00 $450.00 $450.00 $1,082.97 $1,082.97 $1,000.00 $1,000.00 $2,327.22 $2,327.22 1.04 A 2 MOBILIZATION AND WORK AREA PREPARATION 1 LS $25,000.00 $25,000.00 $4,500.00 $4,500.00 $4,841.97 $4,841.97 $1,500.00 $1,500.00 $19,688.00 $19,688.00 1.04 B 3 TEMPORARY SECURITY FACILITIES 1 LS $5,000.00 $5,000.00 $1,800.00 $1,800.00 $1,082.97 $1,082.97 $1,500.00 $1,500.00 $7,150.00 $7,150.00 1.04 C 4 IMPACTED SOIL EXCAVATION INCLUDING HAUL AND DISPOSAL 4100 TON $44.00 $180,400.00 $21.SS $88,355.00 $20.20 $82,820.00 $22.13 $90,733.00 $19.15 $78,515.00 1.04 D 5 DEMOLITION INCLUDING HAUL AND DISPOSAL 40 TON $30.00 $1,200.00 $25.00 $1,000.00 $52.00 $2,080.00 $70.40 $2,816.00 $37.68 $1,507.20 1.04 E 6 PLACE AND COMPACT IMPORTED CLEAN SOIL BACKFILL 2200 CY $21.00 $46,200.00 $16.00 $35,200.00 $22.69 $49,918.00 $30.33 $66,726.00 $21.81 $47,982.00 1.04 F 7 PLACE AND COMPACT SURFACING TOP COURSE 40 TON $25.00 $1,000.00 $25.00 $1,000.00 $23.88 $955.20 $29.20 $1,168.00 $13.05 $522.00 1.04 F 8 SITE RESTORATION AND DEMOBILIZATION 1 LS $2,500.00 $2,500.00 $2,500.00 $2,500.00 $7,192.09 $7,192.09 $1,882.00 $1,882.00 $12,410.00 $12,410.00 1.04 G 9 REPAIR OR REPLACEMENT 1 FA $5,000.00 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 1.04 H CITY ENGINEER'S REPORT COMPETITIVE BIDS WERE OPENED ON OCTOBER 20, 2009. ALL BIDS HAVE BEEN REVIEWED BY THIS OFFICE. I RECOMMEND THE CONTRACT BE AWARDED TO: Tri- Valley Construction DATE CITY ENGINEER SUBTOTAL: $266,800.00 1 SUBTOTAL: $139,805.00 SUBTOTAL: $154,973.20 SUBTOTAL: $172,325.00 SUBTOTAL: $175,101.42 Tax $21,877.60 Tax $11,464.01 Tax $12,707.80 Tax $14,130.65 Tax $14,358.32 TOTAL: $288,677.60 TOTAL: $151,269.01 TOTAL: $167,681.00 TOTAL: $186,455.65 TOTAL: $189,459.74 AWARD MADE BY CITY MANAGER DATE CITY MANAGER CITY OF YAKIMA Richardson Airways Site Cleanup CITY OF YAKIMA PROJECT NO. 2145 DATE October 20,2009 FILE 2145 Large Bidtioub SHEET 1 of 2 BID SUMMARY RICHARDSON AIRWAYS SITE CLEANUP DMSL Construction Arlington, WA CCS, a Div. of PNE Corp. Longview, WA Anderson Environmental Kelso, WA Wyser Construction Snohomish, WA ITEM BID SECURITY QTY UNIT ENGINEERS ESTIMATE 5% BOND 5% BOND 5 %BOND 5% BOND NO. ITEM UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 WORK PLANS 1 LS $500.00 $500.00 $300.00 $300.00 $2,946.75 $2,946.75 $7,679.70 $7,679.70 $8,500.00 $8,500.00 1.04 A 2 MOBILIZATION AND WORK AREA PREPARATION 1 LS $25,000.00 $25,000.00 $1,500.00 $1,500.00 $22,550.19 $22,550.19 $5,975.20 $5,975.20 $8,500.00 $8,500.00 1.04 B 3 TEMPORARY SECURITY FACILITIES 1 LS $5,000.00 $5,000.00 $1,700.00 $1,700.00 $6,198.99 $6,198.99 $4,968.50 $4,968.50 $2,500.00 $2,500.00 1.04 C 4 IMPACTED SOIL EXCAVATION INCLUDING HAUL AND DISPOSAL 4100 TON $44.00 $180,400.00 $29.10 $119,310.00 $21.59 $88,519.00 $19.67 $80,647.00 $30.00 $123,000.00 1.04 D 5 DEMOLITION INCLUDING HAUL AND DISPOSAL 40 TON $30.00 $1,200.00 $34.40 $1,376.00 $54.41 $2,176.40 $99.40 $3,976.00 $80.00 $3,200.00 1.04 E 6 PLACE AND COMPACT IMPORTED CLEAN SOIL BACKFILL 2200 CY $21.00 $46,200.00 $23.20 $51,040.00 $32.00 $70,400.00 $41.84 $92,048.00 $30.00 $66,000.00 1.04 F 7 PLACE AND COMPACT CRUSHED SURFACING TOP COURSE 40 TON $25.00 $1,000.00 $22.60 $904.00 $18.05 $722.00 $55.73 $2,229.20 $25.00 $1,000.00 1.04 F 8 SITE RESTORATION AND DEMOBILIZATION 1 LS $2,500.00 $2,500.00 $3,300.00 $3,300.00 $6,550.85 $6,550.85 $7,355.00 $7,355.00 $4,500.00 $4,500.00 1.04 G 9 REPAIR OR REPLACEMENT 1 FA $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 1.04 H SUB TOTAL: $266,800.00 SUBTOTAL: $184,430.00 SUBTOTAL: $205,064.18 SUBTOTAL: $209,878.60 SUBTOTAL: $222,200.001 1 Tax $21,877.60 Tax $15,123.26 Tax $16,815.26 Tax $17,210.05 Tax $18,220.40 TOTAL: $288,677.60 TOTAL: $199,553.26 TOTAL: $221,879.44 TOTAL: $227,088.65 TOTAL: $240,420.40 CITY OF YAKIMA Richardson Airways Site Cleanup CITY OF YAKIMA PROJECT NO. 2145 DATE Octaber20,2009 FILE 2145 Large Bidt.pub SHEET 2 of 2 M M ADDENDUM NO. 1 TO THE BID DOCUMENT AND PROJECT SPECIFICATION FOR THE CITY OF YAKIMA, WA For Richardson Airways Site Cleanup 2400.West Washington Avenue City Project No. 2145 BID OPENING: October 20T,'2009 (d-) 2:00 p.m., City Hall Council Chambers TO THE ATTENTION OP ALL BIDDERS AND PLAN HOLDERS: The Bid & Contract Documents shall be modified as follows: ITEM 1. Invitation to Bid: The bid opening date has been changed to: October 20th, 2009 (4? 2:00 p.m., City Hall Council Chambers. ITEM 2. Item Proposal Bid Sheet: Remove the item proposal bid sheet in the construction contract specifications and bid documents and replace it with the attached item proposal bid sheet labeled "Addendum No. 1 ", dated October 12, 2009. (SEE NEXT SHEET 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. APPROVED: Brett Sheffie , P. E. Date Chief Engineer * END OF ADDENDUM NO. 1 Addendum No. 1 Page 1 of 2 10/12/2009 ITEM PROPOSAL BID SHEET City of Yakima Richardson Airways Site Cleanup 2400 West-Washington Avenue City Project No. 2145 ITEM UNIT PRICE AMOUNT ITEM PAYMENT SECTION QTY UNIT NO. DOLLARS DOLLARS 1 WORK PLANS 1 LS 1.04 A 2 MOBILIZATION AND WORK AREA PREPARATION 1 LS 1.04 B 3 TEMPORARY FACILITIES 1 LS 1.04 C 4 IMPACTED SOIL EXCAVATION INCLUDING HAUL AND DISPOSAL 4100 TON 1.04 D 5 DEMOLITION INCLUDING HAUL AND DISPOSAL 40 TON 1.04 E 6 PLACE AND COMPACT IMPORTED CLEAN SOIL BACKFILL 2200 CY 1.04 F 7 PLACE AND COMPACT CRUSHED SURFACING TOP COURSE 40 TON 1.04 F 8 SITE RESTORATION AND DEMOBILIZATION 1 LS 1.04 G 9 REPAIR OR REPLACEMENT 1 FA $5,000.00 $5,000.00 1.04 H SUB TOTAL: SALES TAX (8.2 %): TOTAL:. Addendum No. 1 Page 2 of 2 10/12/2009 CITY OF YAKIMA RICHARDSON AIRWAYS SITE CLEANUP 2400 WEST WASHINGTON AVENUE CITY PROJECT NO. 2145 SEPTEMBER 2009 ov lyz"Sr o 5pp ISTY . . . . . IONA!, 1/97 INVITATION TO BID NOTICE IS HEREBY GIVEN that sealed bids will be received by the City Clerk of the City of Yakima, 129 North 2nd Street, Yakima, Washington, 98901 until 2:00 PM on October 15, 2009 and will then and there be opened and publicly read for the construction of CITY OF YAKIMA Richardson Airways Site Cleanup 2400 West Washington Avenue City Project No. 2145 This project includes, but is not limited to: site preparation; excavation, handling, transport, and offsite disposal of pesticide and herbicide contaminated soil; excavation backfilling; and site restoration. The City of Yakima is implementing a cleanup action including the removal of contaminated soil at the Richardson Airways Site located at the Yakima Air Terminal, 2400 Washington Avenue, in Yakima County, Washington. The Air Terminal is currently owned and operated jointly by the City and County. All work shall be in accordance with the Plans and Specifications as prepared by the City Engineer of the City of Yakima. All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier's check or surety bond in an amount equal to five percent (5 %) of the amount of such bid proposal. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Yakima. ' Plans and specifications may be obtained at the Office of the City Engineer located at 129 North 2nd Street upon payment of the amount of $30.00 for each set, non refundable, or by ordering a set by phone at 509 - 575 -6111 or by FAX at 509 - 576 -6314. Informational copies of maps, plans, and specifications are on file for inspection in the Office of the City Engineer of Yakima in Yakima, Washington, and at Plan Centers in Yakima and Kennewick, Washington. The City of Yakima in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000 -4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, 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 reserves the right to reject any or all bids and proposals. DATED this 29th day of September, 2009 r(SEAL) DEBORAH KLOSTER CITY CLERK PUBLISH October 1, 2009 October 2, 2009 7 L, 1 3/97 0 1 CONTENTS CITY OF YAKIMA Richardson Airways Site Cleanup 2400 West Washington Avenue City Project No. 2145 SECTION PAGE INVITATION TO BID ..................................................... ............................... 3 Amendments and General Special Provisions ...................... ............................... 7 Standard Specifications ........................................... ............................... INSERTED Division 1 — General Requirements 79 Section 01010 — Summary of Work ............................... ............................... 01010 -1 Section 01201 — Meetings ........................................... ............................... 01201 -1 Section 01270 — Measurement and Payment ................ ............................... 01270 -1 Section 01330 — Submittals ........................................ ............................... 01330 -1 Section 01350 — Health and Safety Provisions ................ ............................... 01350 -1 Section 01500 —Temporary Facilities and Controls .......... ............................... 01500 -1 Section 01560 — Environmental Controls ...................... ............................... 01560 -1 Section 02200 — Earthwork ......................................... ............................... 02200 -1 Exhibit A — Consent Decree ........................................ ............................... INSERTED Exhibit B — Yakima Regional Clean Air Authority Letter ....... ............................... INSERTED Exhibit C — Landau Associates Health and Safety Plan (HASP) .......................... INSERTED Exhibit D — Yakima County Public Services Letter ............. ............................... INSERTED ContractProvisions ............................................................... ............................... ContractForm ......................................................... ............................... Performance Bond Form ....................................................... .............................57 Informational Certificate of Insurance .................................. ............................... 59 Informational Additional Insured Endorsement ........................ ............................... 61 Minimum Wage Affidavit Form ............................................. ............................... 63 PREVAILING WAGE RATES PrevailingWage Rates ..................................................... ............................... 65 STATEWAGE RATES .................................................. ............................... PROPOSAL ProposalForm ............................................................... ............................... 79 ItemProposal Bid Sheet ......................................... .... ..........................83 BidBond Form .............................................................. ............................... Non - Collusion Declaration ................................................ ............................... 85 Non - Discrimination Provision ............................................ ............................... 86 SubcontractorList .......................................................... ............................... 87 Women and Minority Business Enterprise Policy ................... ............................... 88 CouncilResolution .......................................................... ............................... 89 Affirmative Action Plan .................................................... ............................... 90 BiddersCertification ........................................................ ............................... 92 Subcontractors Certification ................................................ ............................... 93 Materiallyand Responsive .................................................. ............................... 94 5/97 55 55 66 81 PROPOSAL SIGNATURE SHEET ............................... ............................... 95 BIDDERSCHECKLIST .............................................. ............................... 97 PLANS & DETAILS Construction Plans .......................................................... ............................... Attached 6/97 11 F� 1 11 F, INTRODUCTION The following Amendments and Special Provisions shall be used in conjunction with the 2008 Standard Specifications for Road, Bridge, and Municipal Construction. AMENDMENTS TO THE STANDARD SPECIFICATIONS The following Amendments to the Standard Specifications are made a part of this contract and supersede any conflicting provisions of the Standard Specifications. For informational purposes, the date following each Amendment title indicates the implementation date of the Amendment or the latest date of revision. Each Amendment contains all current revisions to the applicable section of the Standard Specifications and may include references which do not apply to this particular project. SECTION 1 -03, AWARD AND EXECUTION OF CONTRACT April 7, 2008 1 -03.1 Consideration of Bids This section is supplemented with the following new sub - section. 1- 03.1(1) Tied Bids After opening Bids, if two or more lowest responsive Bid totals are exactly equal, then the tie - breaker will be determined by drawing as described in this Section. Two or more slips of paper will be marked as follows: one marked "Winner" and the other(s) marked "unsuccessful ". The slips will be folded to make the marking unseen. The slips will be placed inside a box. One authorized representative of each Bidder shall draw a slip from the box. Bidders shall draw in alphabetic order by the name of the firm as registered with the Washington State Department of Licensing. The slips shall be unfolded and the firm with the slip marked "Winner" will be determined to be the successful Bidder and eligible for Award of the Contract. Only those Bidders that submitted a Bid total that is exactly equal to the lowest responsive Bid are eligible to draw. SECTION 1 -04, SCOPE OF THE WORK April 7, 2008 1- 04.4(1) Minor Changes The first sentence in the first paragraph is revised to read: Payments or credits for changes amounting to $15,000 or less may be made under the bid item "Minor Change." 1 -04.5 Procedure and Protest by the Contractor In the second paragraph, number 2, the reference to 7 calendar days is revised to 14 calendar days. The second sentence in the fifth paragraph is revised to read: The determination will be provided within 14- calendar days after receipt of the Contractor's supplemental written statement (including any additional information requested by the Project Engineer to support a continuing protest) described in item 2 above. 7/97 SECTION 1 -05, CONTROL OF WORK April 7, 2008 1 -05.1 Authority of the Engineer The fourth paragraph is revised to read: At the Contractor's risk, the Project Engineer may suspend all or part of the Work according to Section 1 -08.6. 1 -05.12 Final Acceptance The second paragraph is revised to read: The Contractor agrees that neither completion nor final acceptance shall relieve the Contractor of the responsibility to indemnify, defend, and protect the Contracting Agency against any claim or loss resulting from the failure of the Contractor (or the subcontractors or lower tier subcontractors) to pay all laborers, mechanics, subcontractors, material persons, or any other person who provides labor, supplies, or provisions for carrying out the Work or for any payments required for unemployment compensation under Title 50 RCW or for industrial insurance and medical aid required under Title 51 RCW. SECTION 1 -07, LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC April 6, 2009 1- 07.2(2) State Sales Tax: Work on State -Owned or Private Land The following new paragraph is inserted in front of the first paragraph: State Department of Revenue Rule 170 and its related rules apply for this section. 1 -07.8 High Visibility Apparel This section is revised to read: The Contractor shall require all personnel under their control (including service providers, Subcontractors and lower tier Subcontractors) that are on foot in the work zone and are exposed to , vehicle traffic or construction equipment to wear the high visibility apparel described in this Section. The Contractor shall ensure that a competent person as identified in the MUTCD selects the appropriate high - visibility apparel suitable for the job -site conditions. High visibility garments shall always be the outermost garments. I High visibility garments shall be in a condition compliant with the ANSI 107 -2004 and shall be used in accordance with manufacturer recommendations. ' This section is supplemented with the following new sub - sections. 1- 07.8(1) Traffic Control Personnel 1 All personnel performing the Work described in Section 1 -10 (including traffic control supervisors, flaggers, spotters, and others performing traffic control labor of any kind), shall comply with the following: 1. During daylight hours with clear visibility, workers shall wear a high - visibility ANSI /ISEA 107 -2004 Class 2 or 3 vest or jacket, and hardhat meeting the high visibility headwear requirements of WAC 296- 155 -305; and 8/97 2. During hours of darkness (1/2 -hour before sunset to 1/2 -hour after sunrise) or other low visibility conditions (snow, fog, etc.), workers shall wear a high - visibility ANSI /ISEA 107- 2004 Class 2 or 3 vest or jacket, high visibility lower garment meeting ANSI /ISEA 107- 2004 Class E, and hardhats meeting the high visibility headwear requirements of WAC 296- 155 -305. 1- 07.8(2) Non - Traffic Control Personnel All personnel, except those performing the Work described in Section 1 -10, shall wear high visibility apparel meeting the ANSI /ISEA 107 -2004 Class 2 or 3 standard. 1- 07.9(1) General The following new paragraph is inserted to follow the sixth paragraph: The Contractor shall ensure that any firm (Supplier, Manufacturer, or Fabricator) that falls under the provisions of RCW 39.12 because of the definition "Contractor" in WAC 296- 127 -010, complies with all the requirements of RCW 39.12. 1 -07.15 Temporary Water Pollution /Erosion Control This section is supplemented with the following: Stormwater or dewatering water that has come in contact with concrete rubble, concrete pours, or cement treated soils shall be maintained to pH 8.5 or less before it is allowed to enter waters of the state. If pH exceeds 8.5, the Contractor shall immediately discontinue work and initiate treatment according to the plan to lower the pH. Work may resume, with treatment, once the pH of the stormwater is 8.5 or less or it can be demonstrated that the runoff will not reach surface waters. High pH process water shall not be discharged to waters of the state. Unless specific measures are identified in the Special Provisions, high pH process water may be infiltrated, dispersed in vegetation or compost, or pumped to a sanitary sewer system. Water being infiltrated or dispersed 1 shall have no chance of discharging directly to waters of the state, including wetlands or conveyances that indirectly lead to waters of the state. High pH process water shall be treated to within a range of 6.5 to 8.5 pH units prior to infiltration to ensure the discharge does not cause a violation of groundwater quality standards. If water is pumped to the sanitary sewer, the Contractor shall provide a copy of permits and requirements for placing the material into a sanitary sewer system prior to beginning the work. Process water may be collected and disposed of by the Contractor off the project site. The Contractor shall provide a copy of the permit for an approved waste site for the disposal of the process water prior to the start of work which generates the process water. 1- 07.15(1) Spill Prevention, Control and Countermeasures Plan This section is revised to read: ' The Contractor shall prepare a project- specific spill prevention, control, and countermeasures plan (SPCC Plan) that will be used for the duration of the project. The Contractor shall submit the plan to the Project Engineer no later than the date of the preconstruction conference. No on -site construction activities may commence until WSDOT accepts an SPCC Plan for the project. The term "hazardous materials ", as used in this Specification, is defined in Chapter 447 of the WSDOT Environmental Procedures Manual (M31 -11). Occupational safety and health requirements that may pertain to SPCC Plan implementation are contained in but not limited to WAC 296 -824 and WAC 296 -843. t 9/97 Implementation Requirements The SPCC Plan shall be updated by the Contractor throughout project construction so that the written plan reflects actual site conditions and practices. The Contractor shall update the SPCC Plan at least annually and maintain a copy of the updated SPCC Plan on the project site. All project employees shall be trained in spill prevention and containment, and shall know where the SPCC Plan and spill response kits are located and have immediate access to them. If hazardous materials are encountered or spilled during construction, the Contractor shall do everything possible to control and contain the material until appropriate measures can be taken. The Contractor shall supply and maintain spill response kits of appropriate size within close proximity to hazardous materials and equipment. The Contractor shall implement the spill prevention measures identified in the SPCC Plan before performing any of the following: 1. Placing materials or equipment in staging or storage areas. 2. Refueling, washing, or maintaining equipment. 3. Stockpiling contaminated materials. SPCC Plan Element Requirements The SPCC Plan shall set forth the following information in the following order: 1. Responsible Personnel Identify the name(s), title(s), and contact information for the personnel responsible for implementing and updating the plan, including all spill responders. 2. Spill Reporting List the names and telephone numbers of the federal, State, and local agencies the Contractor shall notify in the event of a spill. 3. Project and Site Information Describe the following items: A. The project Work. B. The site location and boundaries. C. The drainage pathways from the site. D. Nearby waterways and sensitive areas and their distances from the site. 4. Potential Spill Sources Describe each of the following for all potentially hazardous materials brought or generated on -site (including materials used for equipment operation, refueling, maintenance, or cleaning): A. Name of material and its intended use. B. Estimated maximum amount on -site at any one time. C. Location(s) (including any equipment used below the ordinary high water line) where the material will be staged, used, and stored and the distance(s) from I nearby waterways and sensitive areas. 10/97 u 1 1 t 1 1 D. Decontamination location and procedure for equipment that comes into contact with the material. E. Disposal procedures. 5. Pre - Existing Contamination Describe any pre- existing contamination and contaminant sources (such as buried pipes or tanks) in the project area that are described in the Contract documents. Identify equipment and work practices that will be used to prevent the release of contamination. 6. Spill Prevention and Response Training Describe how and when all personnel (including refueling contractors and Subcontractors) will be trained in spill prevention, containment and response in accordance with the Plan. Describe how and when all spill responders will be trained in accordance with WAC 296 -824. 7. Spill Prevention Describe the following items: A. Spill response kit contents and location(s). B. Security measures for potential spill sources. C. Secondary containment practices and structures for hazardous materials. D. Methods used to prevent stormwater from contacting hazardous materials. E. Site inspection procedures and frequency. F. Equipment and structure maintenance practices. G. Daily inspection and cleanup procedures that ensure all equipment used below the ordinary high water line is free of all external petroleum based products. H. Refueling procedures for equipment that cannot be moved from below the ordinary high water line. 8. Spill Response Outline the response procedures the 'Contractor will follow for each scenario listed below. Include a description of the actions the Contractor shall take and the specific, on -site, spill response equipment that shall be used to assess the spill, secure the area, contain and eliminate the spill source, and clean up and dispose of spilled and contaminated material. A. A spill of each type of hazardous material at each location identified in 4, above. B. Stormwater that has come into contact with hazardous materials. C. A release or spill of any pre- existing contamination and contaminant source described in 5, above. D. A release or spill of any unknown pre- existing contamination and contaminant sources (such as buried pipes or tanks) encountered during project Work. 11/97 E. A spill occurring during Work with equipment used below the ordinary high water line. I If the Contractor will use a Subcontractor for spill response, provide contact information for the Subcontractor under item 1 (above), identify when the Subcontractor will be used, ' and describe actions the Contractor shall take while waiting for the Subcontractor to respond. 9. Project Site Map Provide a map showing the following items: A. Site location and boundaries. B. Site access roads. C. Drainage pathways from the site. D. Nearby waterways and sensitive areas. E. Hazardous materials, equipment, and decontamination areas identified in 4, above. F. Pre - existing contamination or contaminant sources described in 5, above. G. Spill prevention and response equipment described in 7 and 8, above. 10. Spill Report Forms Provide a copy of the spill report form(s) that the Contractor will use in the event of a release or spill. Payment Payment will be made in accordance with Section 1 -04.1 for the following Bid item when it is included in the Proposal: "SPCC Plan ", lump sum. When the written SPCC is accepted by WSDOT, the Contractor shall receive 50- percent of the t lump sum Contract price for the plan. The remaining 50- percent of the lump sum price will be paid after the materials and equipment ' called for in the plan are mobilized to the project. The lump sum payment for "SPCC Plan" shall be full pay for: 1. All costs associated with creating the accepted SPCC Plan. 2. All costs associated with providing and maintaining the on -site spill prevention equipment described in the accepted SPCC Plan. 3. All costs associated with providing and maintaining the on -site standby spill response equipment and materials described in the accepted SPCC Plan. 4. All costs associated with implementing the spill prevention measures identified in the ' accepted SPCC Plan. 12/97 ' 5. All costs associated with updating the SPCC Plan as required by this Specification. As to other costs associated with releases or spills, the Contractor may request payment as provided for in the Contract. No payment shall be made if the release or spill was caused by or resulted from the Contractor's operations, negligence, or omissions. 1- 07.16(4) Archaeological and Historical Objects This section is supplemented with the following new sub - section: 1- 07.16(4)A Inadvertent Discovery of Human Skeletal Remains If human skeletal remains are encountered by the Contractor, they shall not be further disturbed. The Contractor shall immediately notify the Engineer of any such finds, and shall cease all work adjacent to the discovery, in an area adequate to provide for the total security and protection of the integrity of the skeletal remains. The Engineer may require the Contractor to suspend Work in the vicinity of the discovery until final determinations and removal of the skeletal remains is completed. If the Engineer finds that the suspension of Work in the vicinity of the discovery increases or decreases the cost or time required for performance of any part of the Work under this Contract, the Engineer will make an adjustment in payment or the time required for the performance of the Work in accordance with Sections 1 -04.4 and 1 -08.8. 1- 07.17(2) Utility Construction, Removal or Relocation by Others The first sentence in the second paragraph is revised to read: If the Contract provides notice that utility work (including furnishing, adjusting, relocating, replacing, or constructing utilities) will be performed by others during the prosecution of the Work, the Special Provisions will establish the utility owners anticipated completion. IThe first sentence in the third paragraph is revised to read: When others delay the Work through late performance of utility work, the Contractor shall adhere to the requirements of Section 1 -04.5. 1 -07.23 Public Convenience and Safety This section is revised to read: The Contractor shall be responsible for providing adequate safeguards, safety devices, protective equipment, and any other needed actions to protect the life, health, and safety of the public, and to protect property in connection with the performance of the Work. covered by the Contract. The Contractor shall perform any measures or actions the Engineer may deem necessary to protect the ' public and property. The responsibility and expense to provide this protection shall be the Contractor's except that which is to be furnished by the Contracting Agency as specified in other sections of these Specifications. Nothing contained in this Contract is intended to create any third - party beneficiary rights in favor of the public or any individual utilizing the Highway facilities being constructed or improved under this Contract. 1- 07.23(1) Construction Under Traffic The second sentence in the second paragraph is revised to read: The Contractor shall maintain existing roads, streets, sidewalks, and paths within the project limits, keeping them open, and in good, clean, safe condition at all times. The fifth sentence in the second paragraph is revised to read: 13/97 The Contractor shall also maintain roads, streets, sidewalks, and paths adjacent to the project limits when affected by the Contractor's operations. The final paragraph in this section is deleted. 1- 07.23(2) Construction and Maintenance of Detours Number 1. under the first paragraph is revised to read: Detours and detour bridges that will accommodate traffic diverted from the Roadway, bridge, sidewalk or path during construction, SECTION 1 -08, PROSECUTION AND PROGRESS August 4, 2008 1 -08.1 Subcontracting Item (2) in the first sentence of the seventh paragraph is revised to read: (2) Delivery of these materials to the Work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies hired by those commercial plants. 1- 08.3(2)A Type A Progress Schedule This section is revised to read: The Contractor shall submit five copies of a Type A Progress Schedule no later than 10 days after the date the contract is executed, or some other mutually agreed upon submittal time. The schedule may be a critical path method (CPM) schedule, bar chart, or other standard schedule format. Regardless of which format used, the schedule shall identify the critical path. The Engineer will evaluate the Type A Progress Schedule and approve or return the schedule for corrections within 15 calendar days of receiving the submittal. 1 -08.5 Time for Completion The third sentence in the first paragraph is revised to read: A nonworking day is defined as a Saturday, a Sunday, a whole or half day on which the Contract specifically prohibits Work on the critical path of the Contractor's approved progress schedule, or one of these holidays: January 1, the third Monday of January, the third Monday of February, Memorial Day, July 4, Labor Day, November 11, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. 1 -08.6 Suspension of Work The first paragraph is revised to read: The Engineer may order suspension of all or any part of the Work if: Unsuitable weather that prevents satisfactory and timely performance of the Work; or 2. The Contractor does not comply with the Contract: or 3. It is in the public interest. 1 -08.7 Maintenance During Suspension The first sentence in the fourth paragraph is revised to read: 14/97 If the Engineer determines that the Contractor has pursued the Work diligently before the suspension, then the Contracting Agency will maintain the temporary Roadway (and bear its cost). The fifth paragraph is revised to read: The Contractor shall protect and maintain all other Work in areas not used by traffic. All costs associated with protecting and maintaining such Work shall be the responsibility of the Contractor, except those costs associated with implementing the TESC Plan according to Section 8 -01. The seventh paragraph is revised to read: ' After any suspension, the Contractor shall resume all responsibilities the Contract assigns for the Work. SECTION 1 -09, MEASUREMENT AND PAYMENT April 7, 2008 r1 -09.9 Payments The first paragraph is supplemented with the following: For items Bid as lump sum, the Contractor shall submit a breakdown of their lump sum price in sufficient detail for the Project Engineer to determine the value of the Work performed on a monthly basis. Lump sum breakdowns shall be provided to the Project Engineer no later than the date of the preconstruction meeting. The second sentence in the third paragraph is revised to read: ' Unless otherwise provided in the payment clause of the applicable Specifications, partial payment for lump sum Bid items will be a percentage of the price in the Proposal based on the Project ' Engineer's determination of the amount of Work performed, with consideration given to but not exclusively based on the Contractors lump sum breakdown. IThe third paragraph is supplemented with the following: The determination of payments under the contract will be final in accordance with Section 1 -05.1. 1- 09.9(1) Retai nage In the fourth paragraph, number 1, the reference to $20,000 is revised to read $35,000. SECTION 1 -10, TEMPORARY TRAFFIC CONTROL April 6, 2009 1- 10.1(2) Description The following new paragraph is inserted after the second paragraph: ' Unless otherwise permitted by the Contract or approved by the Project Engineer, the Contractor shall keep all existing pedestrian routes and access points (including sidewalks, paths and ' crosswalks) open and clear at all times. The second and third sentences in the third paragraph are revised to read: ' 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 or adjacent to Highways, 15/97 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. 1- 10.2(1) General The second sentence in the third paragraph is revised to read: Possession of a current TCS card and flagging card by the primary and alternate TCS is mandatory. 1- 10.2(2) Traffic Control Plans The first sentence in the first paragraph is revised to read: The traffic control plan or plans appearing in the Contract documents show a method of handling vehicle, bicycle and pedestrian traffic. In the third sentence of the second paragraph, the reference to "MUTCD, Part VI" is revised to "MUTCD, Part 6 ". 1- 10.3(2)B Rolling Slowdown The first two paragraphs are deleted and replaced with the following: Rolling slowdown traffic control operations are not to be used for routine work that can be addressed by standard lane or shoulder closure traffic control. When a short-term roadway closure is needed for an infrequent, non - repetitive work operation such as a sign bridge removal, or utility wire crossing, the Contractor may implement a rolling slowdown on a multi -lane roadway, as part of an approved traffic control plan. The Contractor shall submit for approval a traffic control plan detailing the expected delay time, interchange ramp control and rolling slowdown distance. A portable changeable message sign shall be placed ahead of the starting point of the traffic control to warn traffic of the slowdown. The sign shall be placed far enough ahead of the Work to avoid any expected backup of vehicles. A rolling slowdown shall use traffic control vehicles with flashing amber lights. At least one traffic control vehicle will be used for every two lanes to be slowed, plus a control vehicle will serve as a following (chase) vehicle for traffic ahead of the blockade. The traffic control vehicles shall enter the roadway and form a moving blockade to reduce traffic speeds and create a clear area ahead of the blockade in which to accomplish the work without a total stoppage of traffic. 1- 10.3(3)A Construction Signs The fifth paragraph is revised to read: Where it is necessary to add weight to signs for stability, sand bags or other similar ballast may be used but the height shall not be more than 4- inches above the Roadway surface, and shall not interfere with the breakaway features of the device. The Contractor shall follow the manufacturer's recommendations for sign ballasting. 1- 10.3(3)D Barricades The second paragraph is revised to read: Where it is necessary to add weight to barricades for stability, sand bags or other similar ballast may be used but the height shall not be more than 4- inches above the Roadway surface and shall not interfere with the breakaway features of the device. The Contractor shall follow the manufacturer's recommendation for sign ballasting. 16/97 1 �Ll 1 it 1 L7i 1- 10.3(3)G Traffic Cones ' This section including title is revised to read: 1- 10.3(3)G Traffic Cones and Tall Channelizing Devices Where shown on an approved traffic control plan or where ordered by the Engineer, the Contractor shall provide, install and maintain traffic cones or tall channelizing devices. Cones and tall channelizing devices shall be kept in good repair and shall be removed immediately when directed 1 by the Engineer. Where wind or moving traffic frequently displaces cones, an effective method of stabilizing them, such as stacking two together at each location, shall be employed. ' 1- 10.3(3)K Portable Temporary Traffic Control Signal The first paragraph is revised to read: t Where shown on an approved traffic control plan, the Contractor shall provide, operate, maintain and remove a portable temporary traffic control signal system to provide alternating one -lane traffic operations on a two -way facility. A portable temporary traffic control signal system shall be defined ' as two traffic control units that operate together. The system shall be trailer mounted, fully self - contained and designed so that it can be easily transported and deployed at different locations. ' The third sentence in the second paragraph is deleted. The following is inserted in front of the sixth paragraph: The Traffic Control Supervisor shall monitor and insure that the Portable Temporary Traffic Control Signal is fully operational and maintained as specified by the manufacturer. This Work may include cleaning and replacing lamps and other routine maintenance as needed. ' 1- 10.4(2) Item Bids with Lump Sum for Incidentals The unit of measurement statement for "Portable Temporary Traffic Control Signal' is revised to read: No specific unit of measurement will apply to the lump sum item of "Portable Temporary Traffic Control Signal'. ' 1- 10.5(1) Lump Sum Bid for Project (No Unit Items) This section is revised to read: ' "Project Temporary Traffic Control', lump sum. The lump sum Contract payment shall be full compensation for all costs incurred by the Contractor i in performing the Contract Work defined in Section 1 -10, except for costs compensated by Bid Proposal items inserted through Contract Provisions as described in Section 1- 10.4(3). 1- 10.5(2) Item Bids with Lump Sum for Incidentals The unit of measure for the bid item "Portable Temporary Traffic Control Signal," is revised to lump sum. The paragraph following "Portable Temporary Traffic Control Signal," is revised to read: The lump sum Contract price shall be full compensation for all costs of labor, materials and equipment incurred by the Contractor in performing the Contract Work as described in Section 1- 10.3(3)K, including all costs for traffic control during manual control, adjustment, malfunction, or failure of the portable traffic control signals and during replacement of failed or malfunctioning signals. 17/97 SPECIAL PROVISIONS The following Special Provisions are made a part of this contract and supersede any conflicting ' provisions of the 2008 Standard Specifications for Road, Bridge and Municipal Construction, and the foregoing Amendments to the Standard Specifications. Several types of Special Provisions are included in this contract; General, Region, Bridges and Structures, and Project Specific. Special Provisions types are differentiated as follows: (date) General Special Provision Notes a revision to a General Special Provision and also notes a Project Specific Special Provision. (Regions' date) Region Special Provision (BSP date) Bridges and Structures Special Provision ' General Special Provisions are similar to Standard Specifications in that they typically apply to many projects, usually in more than one Region. Usually, the only difference from one project to another is the inclusion of variable project data, inserted as a "fill -in ". Region Special Provisions are commonly applicable within the designated Region. Region designations are as follows: Regions' ER Eastern Region NCR North Central Region NWR Northwest Region OR Olympic Region SCR South Central Region SWR Southwest Region WSF Washington State Ferries Division Bridges and Structures Special Provisions are similar to Standard Specifications in that they typically apply to many projects, usually in more than one Region. Usually, the only difference from one project to another is the inclusion of variable project data, inserted as a "fill -in ". Project Specific Special Provisions normally appear only in the contract for which they were developed. 19/97 DIVISION 1 ' GENERAL REQUIREMENTS (March 13, 1995) This project includes, but is not limited to: site preparation; excavation, handling, transport, and offsite disposal of pesticide and herbicide contaminated soil; excavation backfilling; and site restoration. The City of Yakima (City, or Owner) is implementing a cleanup action including the removal of contaminated soil at the Richardson Airways Site (site) located at the Yakima Air Terminal, 2400 Washington Avenue, in Yakima County, Washington. The Air Terminal is currently owned and operated jointly by the City and County. All work shall be in accordance with the Plans and Specifications as prepared by the City Engineer of the City of Yakima. ' 1 -01 DEFINITIONS AND TERMS 1 -01.3 Definitions (September 12, 2008 APWA GSP) ' This Section is supplemented with the following: 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 ". Contract Time The period of time established by the terms and conditions of the contract within which the work must be physically completed. ' 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. ' 21 /97 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, and only minor incidental work, replacement of temporary substitute facilities, 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. Notice of Award The written notice from the Contracting Agency to the successful bidder signifying the Contracting Agency's acceptance of the bid. Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the work and establishing the date on which the contract time begins. Traffic Both vehicular and non - vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. 1 -02 BID PROCEDURES AND CONDITIONS 1 -02.1 Prequalification of Bidders Delete this Section and replace it with the following: 1 -02.1 Qualifications of Bidder (March 25, 2009 APWA GSP) Bidders must meet the minimum qualifications of RCW 39.04.350(1), as amended: "Before award of a public works contract, a bidder must meet the following responsibility ' criteria to be considered a responsible bidder and qualified to be awarded a public works project. The bidder must: (a) At the time of bid submittal, have a certificate of registration in compliance with r chapter 18.27 RCW; (b) Have a current state unified business identifier number; (c) If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; an employment security 22/97 t 1 II CI' department number as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW; and (d) Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)." 1 -02.2 Plans and Specifications (October 1, 2005 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. 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 Reduced plans (11" x 17 ") N/A and Contract Provisions Large plans (e.g., 24" x 36 ") 3 and Contract Provisions Basis of Distribution Not Available. Furnished only upon request. Additional plans and Contract Provisions may be purchased by the Contractor by payment of the cost stated in the Call for Bids. 1 -02.5 Proposal Forms (October 1, 2005 APWA GSP) Delete this section and replace it with the following: At the request of a bidder, the Contracting Agency will provide a proposal form for any project on which the bidder is eligible to bid. 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 forms unless otherwise specified. Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid. 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). 23/97 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. 1 -02.6 Preparation of Proposal (October 10, 2008 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. 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 in the Contract Provisions. 1 -02.9 Delivery of Proposal (October 1, 2005 APWA GSP) Revise the first paragraph to read: 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 stated in the Bid Documents, to ensure proper handling and delivery. 24/97 ' 1 -02.12 Public Opening Of Proposal Section 1 -02.12 is supplemented with the following: ' Date Of Opening Bids Sealed bids are to be received at the office of the City Clerk, City of Yakima, 129 North Second Street, Yakima, WA 98901. The bid opening date for this project is as listed in the invitation to bid. Bids received will be publicly opened in the City of Yakima Council chambers and read after 2:00 P. M. on this date. 1 -02.13 Irregular Proposals (March 25, 2009 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. 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, Minority or Women's Business Enterprise Certification, if applicable, as required in Section 1 -02.6; i. The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or ' j. 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) IDelete 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 25/97 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 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, 26197 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 -03.3 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 TEN (110), calendar days after the award date, the successful bidder shall return the signed t 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 SEVEN (7) additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. ri 27/97 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). 1 -04 SCOPE OF THE WORK 1 -04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda (October 1, 2005 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, including APWA General Special Provisions, if they are included, 4. Contract Plans, 5. Amendments to the Standard Specifications, 6. WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 7. Contracting Agency's Standard Plans (if any), and 8. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 28/97 1 -05 CONTROL OF WORK 1 -05.1 Authority of the Engineer ' Supplement this section 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 constitute 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. 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 tContracting Agency or Engineer for the identification of any or all unsafe conditions. 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 t perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy, could be potentially unsafe, or might cause serious risk of loss or damage to the public. ' Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by ' the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of ' work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized work. ' No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency's rights provided by this Section. ' 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. ' 2sis7 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 therefore. Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection. 1- 05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1 -05.7. The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Engineer's right hereunder. Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall 1411114M 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. t1 -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. ' 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 a -mails or electronically delivered copies of correspondence will not constitute such notice and will not comply with the requirements of the Contract. 1 31/97 Add the following new section: 1 -05.16 Water and Power (October 1, 2005 APWA GSP) The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the contract includes power and water as a pay item. 1 -06 CONTROL OF MATERIAL 1 -06 Buy America Section 1 -06 is supplemented with the following: (August 6, 2007) The major quantities of steel and iron construction material that is permanently incorporated into the project shall consist of American -made materials only. Buy America does not apply to temporary steel items, e.g., temporary sheet piling, temporary bridges, steel scaffolding and falsework. The Contractor may utilize minor amounts of foreign steel and iron in this project provided the cost of the foreign material used does not exceed one -tenth of one percent of the total contract cost or $2,500.00, whichever is greater. American -made material is defined as material having all manufacturing processes occurring domestically. To further define the coverage, a domestic product is a manufactured steel material that was produced in one of the 50 States, the District of Columbia, Puerto Rico, or in the territories and possessions of the United States. If domestically produced steel billets or iron ingots are exported outside of the area of coverage, as defined above, for any manufacturing process then the resulting product does not conform to the Buy America requirements. Additionally, products manufactured domestically from foreign source steel billets or iron ingots do not conform to the Buy America requirements because the initial melting and mixing of alloys to create the material occurred in a foreign country. Manufacturing begins with the initial melting and mixing, and continues through the coating stage. Any process which modifies the chemical content, the physical size or shape, or the final finish is considered a manufacturing process. The processes include rolling, extruding, machining, bending, grinding, drilling, welding, and coating. The action of applying a coating to steel or iron is deemed a manufacturing process. Coating includes epoxy coating, galvanizing, aluminizing, painting, and any other coating that protects or enhances the value of steel or iron. Any process from the original reduction from ore to the finished product constitutes a manufacturing process for iron. Due to a nationwide waiver, Buy America does not apply to raw materials (iron ore and alloys), scrap (recycled steel or iron), and pig iron or processed, pelletized, and reduced iron ore. The following are considered to be steel manufacturing processes: Production of steel by any of the following processes: a. Open hearth furnace. b. Basic oxygen. 32/97 Ll t 1 1 Electric furnace. d. Direct reduction. 2. Rolling, heat treating, and any other similar processing. 3. Fabrication of the products. a. Spinning wire into cable or strand. b. Corrugating and rolling into culverts. c. Shop fabrication. A certification of materials origin will be required for any items comprised of, or containing, steel or iron construction materials prior to such items being incorporated into the permanent work. The certification shall be on DOT Form 350 -109EF provided by the Engineer, or such other form the Contractor chooses, provided it contains the same information as DOT Form 350- 109EF. 1 -07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 1 -07.1 Laws to be Observed (October 1, 2005 APWA GSP) Supplement this section with the following: In cases of conflict between different safety regulations, the more stringent regulation shall apply. ' The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or ' doctor's care, persons, including employees, who may have been injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor's ' care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the ' Contractor's plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not, and shall not, be intended to include review and adequacy of Ithe Contractor's safety measures in, on, or near the project site. 1 33/97 1 -07.2 State Sales Tax Delete this section, including its sub - sections, in its entirety and replace it with the following: 1 -07.2 State Sales Tax 1- 07.2(1) General The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1- 07.2(1) through 1- 07.2(4) 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(3) describes this exception. The Contracting Agency will pay the retained percentage 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 60.28.050). The Contractor must also obtain a certificate from the Department of Labor and Industries showing that they have paid their individual insurance premiums. 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(2) 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. Supplement this section with the following: Rule 171 shall apply to this project. 1- 07.2(3) 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. 34/97 For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following ' exception. Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount. ' 1- 07.2(4) Services ' The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244). ' 1 -07.5 Environmental Regulations 1- 07.5(4) Air Quality ' Supplement this section with the following: The local air pollution authority is the Yakima Regional Clean Air Authority @ 509 - 574 -1410. 1 -07.6 Permits And Licenses Supplement this section with the following: t(March 13, 1995) No hydraulic permits are required for this project unless the Contractor's operations use, divert, ' obstruct, or change the natural flow or bed of any river or stream, or utilize any of the waters of the State or materials from gravel or sand bars, or from stream beds. The Contractor shall have or obtain a valid City of Yakima Business License for the duration of this project. 1 -07.11 Requirements For Nondiscrimination tSection 1 -07.11 is supplemented with the following: (March 6, 2000) ' Requirement For Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246 1 1. The Contractor's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth herein. 35/97 2. The goals and timetables for minority and female participation set by the Office of Federal Contract Compliance Programs, expressed in percentage terms for the Contractor's aggregate work force in each construction craft and in each trade on all construction work in the covered area, are as follows: Women - Statewide Timetable Goal Until further notice 6.9% Minorities - by Standard Metropolitan Statistical Area (SMSA) Spokane, WA: SMSA Counties: Spokane, WA 2.8 WA Spokane. Non -SMSA Counties 3.0 WA Adams; WA Asotin; WA Columbia; WA Ferry; WA Garfield; WA Lincoln, WA Pend Oreille; WA Stevens; WA Whitman. Richland, WA SMSA Counties: Richland Kennewick, WA 5.4 WA Benton; WA Franklin. Non -SMSA Counties 3.6 WA Walla Walla. Yakima, WA: SMSA Counties: Yakima, WA 9.7 WA Yakima. Non -SMSA Counties 7.2 WA Chelan; WA Douglas; WA Grant; WA Kittitas; WA Okanogan. Seattle, WA: SMSA Counties: Seattle Everett, WA 7.2 WA King; WA Snohomish. Tacoma, WA 6.2 WA Pierce. Non -SMSA Counties 6.1 WA Clallam; WA Grays Harbor; WA Island; WA Jefferson; WA Kitsap; WA Lewis; WA Mason; WA Pacific; WA San Juan; WA Skagit; WA Thurston; WA Whatcom. Portland, OR: SMSA Counties: Portland, OR -WA WA Clark. Non -SMSA Counties WA Cowlitz; 4.5 3.8 WA Klickitat; WA Skamania; WA Wahkiakum. These goals are applicable to each nonexempt Contractor's total on -site construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, or federally assisted project, contract, or subcontract until further notice. Compliance with 36/97 1 I these goals and time tables is enforced by the Office of Federal Contract compliance Programs. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60- 4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, in each construction craft and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goal shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60 -4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Engineer within 10 working days of award of any construction subcontract in excess of $10,000 or more that are Federally funded, at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the Covered Area is as designated herein. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 112461 1. As used in these specifications: a. Covered Area means the geographical area described in the solicitation from which this contract resulted; b. Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. Employer Identification Number means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941; d. Minority includes: (1) Black, a person having origins in any of the Black Racial Groups of Africa. (2) Hispanic, a fluent Spanish speaking, Spanish surnamed person of Mexican, ' Puerto Rican, Cuban, Central American, South American, or other Spanish origin. ' (3) Asian or Pacific Islander, a person having origins in any of the original peoples of the Pacific rim or the Pacific Islands, the Hawaiian Islands and Samoa. ' (4) American Indian or Alaskan Native, a person having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. 37/97 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith effort to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of this Special Provision. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or ' women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in ' meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the ' apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its action. The Contractor shall document these ' efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and ' coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, ' superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. ' 38/97 1� 1 b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off - the - street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on- the -job training opportunity and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the U.S. Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on -site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Direct its recruitment efforts, both oral and written to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment 39/97 area and employment needs. Not later than one month prior to the date for the ' acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the ' selection process. Encourage present minority and female employees to recruit other minority persons and women and where reasonable, provide after school, summer and vacation ' employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do ' so under 41 CFR Part 60 -3. I. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. ' m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all ' personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that ' separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance I under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling ' one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor - union, contractor - community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of the obligations under 7a through 7p of this Special Provision provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensure that the concrete benefits of ' the program are reflected in the Contractor's minority and female work -force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrate the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group ' to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The , Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non - minority. Consequently, the Contractor may be in violation of the Executive Order if a ' particular group is employed in substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). ' 40/97 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspensions, terminations and cancellations of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of this Special Provision, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60 -4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include, for each employee, their name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, the Contractors will not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). (September 17, 2007) Disadvantaged Business Enterprise Participation The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR part 26 apply to this contract. The requirements of this contract are to encourage DBE participation, supply a bidder's list, and to report race neutral accomplishments quarterly as described in this special provision. No preference will be included in the evaluation of bids/proposals, no minimum level of DBE participation shall be required as a condition for receiving an award and bids /proposals will not be rejected or considered non - responsive on that basis. DBE Goals No DBE goals have been assigned as a part of this contract. Affirmative Efforts to Solicit DBE Participation DBE firms shall have equal opportunity to compete for and perform subcontracts which the Contractor enters into pursuant to this contract. Contractors are encouraged to: 41/97 Advertise opportunities for Subcontractors or suppliers in a manner reasonably ' designed to provide DBEs capable of performing the work with timely notice of such opportunities. All advertisements should include a provision encouraging participation by DBE firms and may be done through general advertisements (e.g. newspapers, t journals, etc.) or by soliciting bids /proposals directly from DBEs. 2. Utilize the services of available minority community -based organizations, minority contractor groups, local minority assistance offices and organizations that provide ' assistance in the recruitment and placement of DBEs and other small businesses. In addition, the Office of Minority and Women's Business Enterprises has two DBE Supportive Services Offices available to assist you as follows: Seattle: (206) 553 -7356 Tacoma: (253) 680 -7393 3. Establish delivery schedules, where requirements of the contract allow, that encourage participation by DBEs and other small businesses. 4. Achieve attainment through joint ventures. In the absence of a mandatory goal, all DBE participation that is attained on this project will be considered as "race neutral" participation and will be reported as such. DBE Eligibility (for reporting purposes only) Selection of DBEs: DBEs utilized on the contract will be eligible to be counted as race neutral participation only if the firm is identified as a DBE on the current list of firms certified by the Office of Minority and Women's Business Enterprises (OMWBE), the DBE firm is certified in the corresponding NAICS code(s) for the type of work to be performed, and the DBE firm performs a commercially useful function. A list of firms certified by OMWBE, including the NAICS codes for which they are certified, is available from that office and on line through their website (www.omwbe.wa.gov /directory/directory.htm) or by telephone at (360) 704- 1181. Counting DBE Participation For Reporting Race Neutral Accomplishments ' When a DBE firm participates in a contract, only the value of the work actually performed by the DBE will be counted as race - neutral participation. Count the entire amount of the portion of the contract that is performed by the DBE's ' own forces. Include the cost of supplies and materials obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by the DBE ' (except supplies, materials, and equipment the DBE Subcontractor purchases or leases from the Prime Contractor or its affiliate, unless the Prime Contractor is also a DBE). Work performed by a DBE, utilizing resources of the Prime Contractor or its ' affiliates will not be counted as race - neutral participation. In very rare situations, a DBE firm may utilize equipment and/or personnel from a non -DBE firm other than the Prime Contractor or its affiliates. Should this situation arise, the arrangement must be short-term and have prior written approval from the Contracting Agency. The ' arrangement must not erode a DBE firm's ability to perform a Commercially Useful Function (See discussion of CUF, below). 42/97 1 - 2. Count the entire amount of fees or commissions charged by a DBE firm for ' providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance. ' 3. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted as race neutral participation only if the DBE's lower tier Subcontractor is also a DBE. Work that a DBE Subcontracts to a non -DBE firm does not count as race neutral participation. 4. When a non -DBE subcontractor further subcontracts to a lower -tier ' subcontractor or, supplier who is a certified DBE, then that portion of the work further subcontracted may be counted toward the DBE goal, so long as it is a distinct clearly defined portion of the work of the subcontract that the DBE is ' performing with its own forces in a commercially useful function. DBE Prime Contractor ' A DBE prime Contractor may only count the work performed with its own forces and the work performed by DBE Subcontractors and DBE suppliers. Joint Venture ' When a DBE performs as a participant in a joint venture, only that portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work that the DBE performs with its own forces will count as race neutral participation. ' Commercially Useful Function Payments to a DBE firm will count as race neutral participation only if the DBE is performing a ' commercially useful function on the contract. 1. A DBE performs a commercially useful function when it is responsible for execution ' of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, installing (if applicable) and paying for the material itself. Two party checks are not allowed. ' 2. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. ' Trucking Use the following factors in determining whether a DBE trucking company is performing a ' commercially useful function: 1. The DBE must be responsible for the management and supervision of the entire ' trucking operation for which it is listed on a particular contract. 2. The DBE must itself own and, with its own workforce, operate at least one fully ' licensed, insured, and operational truck used on the contract. 3. The DBE receives credit only for the total value of the transportation services it ' provides on the contract using trucks it owns or leases, licenses, insures, and operates with drivers it employs. 43197 4. For purposes of this paragraph a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working , for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. 5. The DBE may lease trucks from another DBE firm, including an owner - operator who is certified as a DBE. The DBE who leases trucks from another DBE may report race - neutral participation for the total value of the transportation services the lessee DBE provides on the contract. 6. The DBE may also lease trucks from a non -DBE firm and may enter an agreement with an owner - operator who is a non -DBE. The DBE who leases trucks from a non - DBE or employs a non -DBE owner - operator is entitled to count race - neutral participation only for the fee or commission it receives as a result of the lease arrangement. The DBE may not count the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 7. In any lease or owner - operator situation, as described in paragraphs 5 & 6 above, the following rules shall apply: A written lease /rental agreement on all trucks leased or rented, showing the true ownership and the terms of the rental must be submitted and approved by the Contracting Agency prior to the beginning of the work. The agreement must show the lessor's name, trucks to be leased, and agreed upon amount or method of payment (hour, ton, or per load). All lease agreements shall be for a long -term relationship, rather than for the individual project. Does not apply to owner - operator arrangements. Only the vehicle, (not the operator) is leased or rented. Does not apply to owner - operator arrangements. 8. In order for payments to be counted as race - neutral participation, DBE trucking firms must be covered by a subcontract or a written agreement approved by WSDOT prior to performing their portion of the work. Expenditures paid to other DBEs Expenditures paid to other DBEs for materials or supplies may be counted toward race neutral participation as provided in the following: Manufacturer 1. Counting If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies toward race neutral participation. 2. Definition To be a manufacturer, the firm operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. 3. In order to receive credit as a DBE manufacturer, the firm must have received an "on- site" review and been approved by WSDOT -OEO to operate as a DBE Manufacturing firm. To schedule a review, the manufacturing firm must submit a written request to WSDOT /OEO and may not receive race neutral credit, until the completion of the review. Once a firm's manufacturing process has been approved 44/97 in writing, it is not necessary to resubmit the firm for approval unless the ' manufacturing process has substantially changed. Information on approved manufacturers may be obtained from WSDOT -OEO. ' Procedures Between Award and Execution After award of the contract, the successful bidder shall provide the additional information described below. A failure to comply shall result in the forfeiture of the bidder's proposal bond ' or deposit. A list of all firms who submitted a bid or quote in an attempt to participate in this project ' whether they were successful or not. Include the correct business name, federal employer identification number (optional) and a mailing address. 45/97 Regular Dealer 1. Counting If the materials or supplies are purchased from a DBE regular dealer, 60 percent of ' the cost of the materials or supplies will count toward race neutral participation. 2. Definition a) To be a regular dealer, the firm must own, operate or maintain a store, ' warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the ' public in the usual course of business. It must also be an established, regular business that engages, as its principal business and under its own name, in the ' purchase and sale or lease of the products in question. b) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining ' a place of business, as provided elsewhere in this specification, if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long- term lease agreement and not on an ad hoc or contract -by- contract basis. c) Packagers, brokers, manufacturers' representatives, or other persons who ' arrange or expedite transactions are not regular dealers. 3. Regular dealer status is granted on a contract -by- contract basis. To obtain regular dealer status, a formal written request must be made by the interested supplier ' (potential regular dealer) to WSDOT /OEO. Included in the request shall be a full description of the project, type of business operated by the DBE, and the manner the DBE will operate as a regular dealer on the specific contract. Rules applicable to ' regular dealer status are contained in 49 CFR Part 26.55.e.2. Once the request is reviewed by WSDOT -OEO, the DBE supplier requesting it will be notified in writing ' whether regular dealer status was approved. Materials or Supplies Purchased from a DBE With respect to materials or supplies purchased from a DBE who is neither a ' manufacturer nor a regular dealer, the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of materials or supplies required on a job site may be counted as ' race neutral participation. No part of the cost of the materials and supplies themselves may be applied as race neutral participation. ' Procedures Between Award and Execution After award of the contract, the successful bidder shall provide the additional information described below. A failure to comply shall result in the forfeiture of the bidder's proposal bond ' or deposit. A list of all firms who submitted a bid or quote in an attempt to participate in this project ' whether they were successful or not. Include the correct business name, federal employer identification number (optional) and a mailing address. 45/97 The firms identified by the Contractor may be contacted to solicit general information as I follows: 1. age of the firm 2. average of its gross annual receipts over the past three -years Procedures After Execution Reporting The Contractor shall submit a "Quarterly Report of Amounts Credited as DBE Participation" (actual payments) on a quarterly basis for any calendar quarter in which DBE work is accomplished or upon completion of the project, as appropriate. The quarterly reports are due on January 20th April 20th, July 20th, and October 20th of each year. The dollars reported will be in accordance with the "Counting DBE Participation For Reporting Race Neutral Participation" section of this specification. In the event that the payments to a DBE have been made by an entity other than the Prime Contractor (as in the case of a lower -tier subcontractor or supplier), then the Prime Contractor shall obtain the quarterly report, including the signed affidavit, from the paying entity and submit the report to the Contracting Agency. Payment Compensation for all costs involved with complying with the conditions of this specification and any associated DBE requirements is included in payment for the associated contract items of work. (April 2, 2007) Utilities and Similar Facilities Section 1 -07.17 is supplemented with the following: Locations and dimensions shown in the Plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or other verification. The following addresses and telephone numbers of utility companies known or suspected of having facilities within the project limits are supplied for the Contractor's convenience: Qwest 8 S 2nd Avenue, Room 304 509 - 575 -7183 Yakima, Washington 98902 Charter Cable 1005 North 16th Avenue 509 - 575 -1697 Yakima, Washington 98902 City of Yakima Water 2301 Fruitvale Blvd. 509 - 575 -6154 Yakima, Washington 98902 City of Yakima Wastewater 2220 East Viola 509- 575 -6077 Yakima, Washington 98901 Cascade Natural Gas 701 South 1 st Avenue 509 - 457 -5905 Yakima, WA 98902 Pacific Power PO Box 1729 509 - 575 -3146 Yakima, Washington 98907 The Contractor shall notify the Upper Yakima Valley Utilities Coordinating Council -Area 5, telephone number 1- 800 - 553 -4344, at least 72 hours prior to start of excavation so that underground utilities may be marked. It shall be the contractor's responsibility to investigate the presence and location of all utilities prior to bid opening and assess their impacts on his construction activities. 46/97 ' 1 -07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ' 1 -07.18 Public Liability and Property Damage Insurance Delete this section in its entirety, and replace it with the following: 1 -07.18 Insurance (May 10, 2006 APWA GSP) ' 1- 07.18(1) General Requirements A. The Contractor shall obtain the insurance described in this section from insurers approved by the ' State Insurance Commissioner pursuant to RCW Title 48. The insurance must be provided by an insurer with a rating of A -: VII or higher in the A.M. Best's Key Rating Guide, which is licensed to do business in the state of Washington (or issued as a surplus line by a Washington Surplus lines broker). The Contracting Agency reserves the right to approve or reject the insurance provided, ' based on the insurer (including financial condition), terms and coverage, the Certificate of Insurance, and /or endorsements. 1 B. The Contractor shall keep this insurance in force during the term of the contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated (see C. below). ' C. If any insurance policy is written on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. The policy shall state that coverage is claims made, and state the retroactive date. Claims -made form coverage ' shall be maintained by the Contractor for a minimum of 36 months following the Final Completion or earlier termination of this contract, and the Contractor shall annually provide the Contracting Agency with proof of renewal. If renewal of the claims made form of coverage becomes ' unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting period ( "tail ") or execute another form of guarantee acceptable to the Contracting Agency to assure financial responsibility for liability for services performed. D. The insurance policies shall contain a "cross liability" provision. E. The Contractor's and all subcontractors' insurance coverage shall be primary and non - contributory t insurance as respects the Contracting Agency's insurance, self- insurance, or insurance pool coverage. ' F. All insurance policies and Certificates of Insurance shall include a requirement providing for a minimum of 30 days prior written notice to the Contracting Agency of any cancellation in any insurance policy. ' G. Upon request, the Contractor shall forward to the Contracting Agency a full and certified copy of the insurance policy(s). ' H. The Contractor shall not begin work under the contract until the required insurance has been obtained and approved by the Contracting Agency. ' I. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, ' procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. 47/97 J. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the contract and no additional payment will be made. 1- 07.18(2) Additional Insured All insurance policies, with the exception of Professional Liability and Workers Compensation, shall name the following listed entities as additional insured(s): • the Contracting Agency and its officers, elected officials, employees, agents, and volunteers • and appointed officials. The above - listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, whether primary, excess, contingent or otherwise, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to 1- 07.18(3) describes limits lower than those maintained by the Contractor. 1- 07.18(3) Subcontractors Contractor shall ensure that each subcontractor of every tier obtains and maintains at a minimum the insurance coverage's listed in 1- 07.18(5)A and 1- 07.18(5)B. Upon request of the Contracting Agency, the Contractor shall provide evidence of such insurance. 1- 07.18(4) Evidence of Insurance The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the signed Contract for the work. The certificate and endorsements must conform to the following requirements: 1. An ACORD certificate or a form determined by the Contracting Agency to be equivalent. 2. Copies of all endorsements naming Contracting Agency and all other entities listed in 1- 07.18(2) as Additional Insured(s), showing the policy number. The Contractor may submit a copy of any blanket additional insured clause from its policies instead of a separate endorsement. A statement of additional insured status on an ACORD Certificate of Insurance shall not satisfy this requirement. Replace this section with the following: 3. Any other amendatory endorsements to show the coverage required herein. Specifically the wording in the CANCELLATION section "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be crossed out and initialed by the agent/broker and shall provide for a cancellation notice of at least 30 days, to the City of Yakima. 4 Add the following text in the section entitled DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ALLOWED BY ENDORSEMENT / SPECIAL PROVISIONS. CITY OF YAKIMA, THEIR AGENTS, EMPLOYEES, AND ELECTED OR APPOINTED OFFICIALS AS ADDITIONAL INSURED'S FOR PROJECT # 1- 07.18(5) Coverage's and Limits The insurance shall provide the minimum coverage's and limits set forth below. Providing coverage in these stated minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits. All deductibles and self- insured retentions must be disclosed and are subject to approval by the Contracting Agency. The cost of any claim payments falling within the deductible shall be the responsibility of the Contractor. 48/97 1- 07.18(5)A Commercial General Liability tA policy of Commercial General Liability Insurance, including: Per project aggregate ' Premises /Operations Liability Products /Completed Operations — for a period of one year following final acceptance of the work. Personal /Advertising Injury Contractual Liability Independent Contractors Liability Stop Gap / Employers' Liability ' Explosion, Collapse, or Underground Property Damage (XCU) Blasting (only required when the Contractor's work under this Contract includes exposures to which this specified coverage responds) tSuch policy must provide the following minimum limits: $1,000,000 Each Occurrence ' $2,000,000 General Aggregate $1,000,000 Products & Completed Operations Aggregate $1,000,000 Personal & Advertising Injury, each offence Stop Gap / Employers' Liability ' $1,000,000 Each Accident $1,000,000 Disease - Policy Limit $1,000,000 Disease - Each Employee ' 1- 07.18(5)B Automobile Liability Automobile Liability for owned, non - owned, hired, and leased vehicles, with an MCS 90 endorsement ' and a CA 9948 endorsement attached if "pollutants" are to be transported. Such policy(ies) must provide the following minimum limit: ' $1,000,000 combined single limit 1- 07.18(5)C Workers' Compensation ' The Contractor shall comply with Workers' Compensation coverage as required by the Industrial Insurance laws of the state of Washington. ' 1 -08 PROSECUTION AND PROGRESS Add the following new section: ' 1 -08.0 Preliminary Matters (May 25, 2006 APWA GSP) ' 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; ' 49/97 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc.; 4. To establish normal working hours for the work; 5. To review safety standards and traffic control; and 6. To discuss such other related items as may be pertinent to the work. The Contractor shall prepare and submit at the preconstruction conference the following: 1. A breakdown of all lump sum items; 2. A preliminary schedule of working drawing submittals; and 3. A list of material sources for approval if applicable. 1 -08.1 Subcontracting Section 1 -08.1 is supplemented with the following: (October 12, 1998) Prior to any subcontractor or lower tier subcontractor beginning work, the Contractor shall submit to the Engineer a certification (WSDOT Form 420 -004) that a written agreement between the Contractor and the subcontractor or between the subcontractor and any lower tier subcontractor has been executed. This certification shall also guarantee that these subcontract agreements include all the documents required by the Special Provision Federal Agency Inspection. A subcontractor or lower tier subcontractor will not be permitted to perform any work under the contract until the following documents have been completed and submitted to the Engineer: 1. Request to Sublet Work (Form 421 -012), and 2. Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal -aid Projects (Form 420 -004). The Contractor's records pertaining to the requirements of this Special Provision shall be open to inspection or audit by representatives of the Contracting Agency during the life of the contract and for a period of not less than three years after the date of acceptance of the contract. The Contractor shall retain these records for that period. The Contractor shall also guarantee that these records of all subcontractors and lower tier subcontractors shall be available and open to similar inspection or audit for the same time period. 1 -08.3 Progress Schedule The first and second paragraphs are replaced with the following: The Contractor shall prepare and submit to the Engineer a Construction Progress and Completion Schedule using the Bar Graph or Critical Path Method. Items in the Schedule shall be arranged in the order and sequence in which they will be performed. The Schedule shall conform to the working time and time of completion established under the terms of the Contract and shall be subject to modification by the Engineer. The schedule shall be drawn to a time scale, shown along the base of the diagram, using an appropriate measurement per day with weekends and holidays indicated. The Construction Progress Schedule shall be continuously updated and, if necessary, redrawn upon the first working day of each month or upon issuance of any Change Order which substantially affects the scheduling. Copies (2 prints or 1 reproducible) of newly updated Schedules shall be forwarded to the Engineer, as directed, immediately upon preparation. This section is supplemented with the following: The Contractor shall submit a weekly activity schedule to the Construction Engineer before 9:00 a.m. on the Friday prior to the week indicated on the.schedule. 50/97 If the Contractor proceeds with work not indicated on his weekly activity schedule, or in a sequence ' differing from that which he has shown on his schedule, the Engineer may order the Contractor to delay unscheduled activities until they are included on a subsequent weekly activity schedule.. ' Revise this section to read: 1 -08.4 Notice to Proceed and Prosecution of the Work ' (October 1, 2005 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. ' 1 -08.5 Time For Completion ' (March 13, 1995) Section 1 -08.5 is supplemented with the following: ' This project shall be physically completed within 20 working days. (June 28, 2007 APWA GSP, Option A) tRevise 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 51 /97 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. Certified Payrolls (Federal -aid Projects) 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 -09 MEASUREMENT AND PAYMENT 1 -09.6 Force Account (October 10, 2008 APWA GSP) Supplement this section with the following: The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of Contractor's total bid. However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by Engineer. 1 -09.9 Payments (October 10, 2008 APWA GSP) Revise the first paragraph to read: The basis of payment will be the actual quantities of Work performed according to the Contract and as specified for payment. For items Bid as lump sum, with a bid price of more than or equal to $20,000, the Contractor shall submit a breakdown of their lump sum price in sufficient detail for the Project Engineer to determine the value of the Work performed on a monthly basis. Lump sum breakdowns shall be provided to the Project Engineer no later than the date of the preconstruction conference. Delete the third paragraph and replace it with the following: 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 52/97 only for the purpose of determining progress payment. 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 — partial payment for lump sum Bid items will be a ' percentage of the price in the Proposal based on the Engineer's determination of the amount of Work performed, with consideration given to, but not exclusively based on, the Contractor's lump sum breakdown for that item. ' 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); 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. ' Payments will be made by warrants, issued by the Contracting Agency's fiscal officer, against the appropriate fund source for the project. Payments received on account of work performed by a subcontractor are subject to the provisions of RCW 39.04.250. 53/97 DIVISION 1 — GENERAL REQUIREMENTS Section 01010 - Summary of Work PART 1— GENERAL 1.01 DEFINITIONS A. Owner: The Contracting Agency also identified as the City of Yakima. B. Engineer: City of Yakima employee, who is licensed in the State of Washington as a Professional Engineer, who administers the contract or his authorized representatives. Also identified as Project Manager. C. Environmental Agent (EA): Environmental consultant contracted with the City of Yakima for oversight and implementation of environmental policy and procedures at the construction site. The EA is responsible for coordinating environmental requirements, and monitoring contractor performance relative to environmental specifications. EA activities may also include field screening and documentation of excavation, transport, and disposal of contaminated materials. 1.02 PROJECT BACKGROUND This section provides a brief summary of the work and selected project background for informational purposes and for the convenience of the Contractor. In the event that information provided in this section conflicts in any way with the requirements of any other section of the Contract Documents, those other sections shall prevail. D. Generally, the work under this Contract includes, but is -not limited to: site preparation; excavation, handling, transport, and offsite disposal of pesticide and herbicide contaminated soil; excavation backfilling; and site restoration. Personnel engaged in hazardous materials work shall be Hazmat, OSHA, and WISHA certified. The extent of the soil removal action under this Contract is shown on the Contract Plans. Bid Documents Project No. 2145 01010 -1 A. The City of Yakima (City, or Owner) is implementing a cleanup action including the removal of contaminated soil at the Richardson Airways Site (site) located at the Yakima ' Air Terminal, 2400 Washington Avenue, in Yakima County, Washington. The Air Terminal is currently owned and operated jointly by the City and County. B. Previous remedial investigations established that pesticides and herbicides associated with historical crop spraying operations have been detected in the soil at the site. The concentrations of pesticides and herbicides in the soil are above cleanup levels calculated in accordance with the Model Toxics Control Act (MTCA). The primary constituents of ' concern include: Aldrin, Dieldrin, DDT, DDD, DDE, Dinoseb, Endosulfan I, Endrin, Endrin Aldehyde, Endrin Ketone, and Toxaphene. ' C. In 2008, Ecology entered into a Consent Decree with the City and County to pursue soil cleanup at the site (Exhibit A). The cleanup action includes the removal and offsite disposal of an estimated 2,200 cubic yards (cy) (neat line or in -place estimate) of soil ' from the site. D. Generally, the work under this Contract includes, but is -not limited to: site preparation; excavation, handling, transport, and offsite disposal of pesticide and herbicide contaminated soil; excavation backfilling; and site restoration. Personnel engaged in hazardous materials work shall be Hazmat, OSHA, and WISHA certified. The extent of the soil removal action under this Contract is shown on the Contract Plans. Bid Documents Project No. 2145 01010 -1 DIVISION 1 — GENERAL REQUIREMENTS Section 01010 - Summary of Work E. Soil: The subsurface soils below the existing asphalt pavement or surficial vegetated ' zone are generally expected to be brown silt or sandy silt. Silty gravel was encountered at approximately 7 feet below ground surface in the southern portion of the site. F. Groundwater: The depth to local groundwater fluctuates depending on the time of year Higher water levels occur in the spring and summer, corresponding with an influx of water due to local and regional irrigation practices. Groundwater is anticipated at approximately 7 to 10 feet below ground surface in the planned excavation areas. G. Existing site features near the work area are shown on the Contract Plans. No detailed site survey was performed, all features are taken from an aerial photo. Elevation datum is assumed from GRS80 data. 1.03 SCOPE A. The following provides a general summary of the primary elements of the project, as organized by the pay items of work under this Contract. The specific details and construction requirements for the work under this Contract are specified in the Technical Specifications, Contract Plans, and other parts of these Contract Documents. B. This project will consist of providing all materials, equipment, and labor to complete the specified cleanup action activities at the site. The work includes, but is not limited to, the following elements: I . Preparation of project work plans 2. Mobilization and work area preparation 3. Installation of temporary security fencing and gates 4. Dust control, erosion and sediment control, health and safety, decontamination, and residuals management 5. Excavation, haul, and disposal of impacted soil to the Terrace Heights Landfill 6. Removal, haul, and disposal of asphalt pavement and debris 7. Placement and compaction of clean imported soil within the excavation area 8. Site surveying and field engineering 9. Site restoration and demobilization. 1.04 LOCATION AND ACCESS A. The site is located near the Richardson Airways site at the Yakima Air Terminal (Air Terminal), 2400 West Washington Avenue, in Yakima County, Washington. The site is near the southern edge of the City of Yakima, approximately 2 miles west of Interstate 82. Richardson Airways is located inside the southeast portion of the Air Terminal near the North-South Taxiway. Primary access is from Airport Lane and Ahtanum Road to the south. Access to the site will be via a security gate. Temporary access through this gate will be provided by the Yakima Airport. B. Airport Security. Contractor shall have on site at all times during construction an individual with airport security clearance as approved by the Yakima Airport. The Contractor shall coordinate directly with the Yakima Airport regarding site security requirements. Bid Documents Project No. 2145 01010 -2 ' DIVISION 1 — GENERAL REQUIREMENTS Section 01010 - Summary of Work 1.05 PERMITS A. Contractor shall obtain all permits and approvals not designated by the Contract ' Documents as being the Owner's responsibility including but not limited to the submission of the Site Specific Fugitive Dust Control Plan to the Yakima Regional Clean Air Agency (YRCAA), see Exhibit B. ' B. Contractor shall conduct all work in accordance with all permits and approvals, and shall have copies of such permits and approvals on the job site at all times during the work. I� 1 1.06 CONTRACTOR WORK HOURS A. Unless otherwise approved by the Owner, Contractor's work hours shall be limited to the period from 7:00 a.m. to 5:00 p.m. on Monday through Friday of each work week. Contractor shall be responsible for coordinating work hours with the disposal facility. 1.07 WORK TO BE PERFORMED BY OTHERS A. The Owner or its representatives will perform certain work and oversight activities at the site during this contract,. including but not limited to the following. 1. The Owner will provide Contractor with City of Yakima grading permit. 2. The City of Yakima has obtained approval for the disposal of the impacted soil at the Terrace Heights Landfill. Use of any other landfill will be subject to approval of the Engineer. 3. Marking the extent of the soil remediation areas and the pavement removal areas. 4. Providing direction to the Contractor regarding the lateral extent and depth of soil excavation to be conducted under this Contract. 5. Conducting soil sampling and analysis activities to confirm that impacted soil has been adequately removed from the excavation area. 6. The Owner and its representatives will administer the Contract; monitor, observe, approve, and accept the work; coordinate with Ecology and other regulatory agencies; provide required direction for the work when Contractor requests clarification of the intent of the Contract Documents; and generally ensure that the execution and completion of the work meets design, construction, and other requirements of the Contract Documents. 1.08 ENGINEERING AND INSPECTION A. Contractor shall perform all specified land surveying, field engineering, and preparation of as -built construction record drawings. The Engineer or his designated representatives will perform certain engineering and inspection work associated with the soil cleanup action. Bid Documents Project No. 2145 01010 -3 DIVISION 1 — GENERAL REQUIREMENTS Section 01010 - Summary of Work 1.09 PROTECTION OF SITE FEATURES AND ADJACENT PROPERTY USES A. Contractor shall coordinate his work schedule and all activities, which might affect Airport operations, with the Owner or his designated representatives. Contractor shall take such precautions and develop a construction approach for the project that limits adverse impacts to the Airport tenants, the existing facilities and utilities, and the existing access streets and parking areas. B. Contractor shall implement the work in a manner that preserves a safe work environment for all tenants and their employees, maximizes coordination and communication with their management, and minimizes disruptions to their businesses and operations. In fulfilling this requirement, Contractor shall ensure that pavements outside the designated work areas are free of construction debris that may cause damage to equipment and vehicle or injury to employees, and that soil or mud is promptly cleaned up. 1.10 CONTRACTOR COORDINATION A. Contractor is responsible for coordination with any subcontractors, suppliers, utilities, or inspectors. 1.11 TRAFFIC CONTROL A. Contractor shall be responsible for providing adequate flaggers, signs, and other traffic control devices for the protection of the Contractor's work, airport tenants, and the public at all times regardless of whether or not the flaggers, signs, and other traffic control devices are ordered by the Engineer or whether or not the Contractor is working in the area of concern during that time. Flagging, signs, and all other traffic control devices furnished or provided shall conform to established standards. Contractor shall be liable for injuries and damages to persons and property suffered by reason of the Contractor's operations or any negligence in connection therewith. B. Contractor shall be responsible for maintaining all barricades, etc., at all times during the period they are in use. Contractor and his surety shall be liable for injuries and damages to persons and property suffered by reason of the Contractor's operations or any negligence in connection therewith. C. Contractor shall be responsible for providing notification and obtaining all necessary approvals of traffic control plans for road closures and modifications as required by the City of Yakima. 1.12 PAYMENT FOR EXTRA WORK i� A. No payment for extra work will be allowed unless the extra work has been authorized in ' writing by the Engineer, and compensation therefore agreed to and recorded before the extra work is started. Bid Documents Project No. 2145 01010 -4 1 DIVISION 1 — GENERAL REQUIREMENTS Section 01010 - Summary of Work PART 2 - PRODUCTS Not applicable to this section. PART 3 - EXECUTION Not applicable to this section. PART 4 - MEASUREMENT AND PAYMENT A. See Section 01270 — Measurement and Payment. Bid Documents Project No. 2145 END OF SECTION 01010 -5 DIVISION 1 — GENERAL REQUIREMENTS ' Section 01201 — Meetings PART 1 — GENERAL 1.01 DESCRIPTION A. This section specifies requirements for meetings between the Owner and Contractor. Site meetings shall be attended by Contractor and its subcontractors as requested by the Owner. PART 2 — PRODUCTS Not applicable to this section. ' PART 3 — EXECUTION ' 3.01 PRE - CONSTRUCTION MEETING A. NOTIFICATION Following award of the Contract, the Owner will notify the selected Contractor of the ' time and date of a pre - construction meeting. B. LOCATION The pre - construction meeting will be scheduled by the Owner at a location to be ' determined at the time of scheduling. C. ATTENDANCE The following are requested to attend, as appropriate: ' 1. CITY REPRESENTATIVES: a. Project Manager (City Engineer) b. Contract Administrator ' c. City Inspectors d. Environmental Agent 2. CONTRACTOR'S REPRESENTATIVES: ' a. Project Manager (Superintendent) b. Contract Administrator c. Major Subcontractors , d. Site Safety Officer 3. SUGGESTED AGENDA: a. Introductions, roles, and responsibilities b. Designation of responsible personnel ' c. Contractor quality control program d. Project schedule e. Work sequencing f. Pre - contract submittals 1. Certificate of Insurance 2. Performance Bond 3. Labor and Materials Payment Bond Bid Documents Project No. 2145 01201.1 ' ' DIVISION 1 — GENERAL REQUIREMENTS Section 01201 — Meetings The Engineer or his designated representative will schedule and administer regular g. Construction submittals t h. Project coordination The Engineer or his designated representative will arrange meetings, prepare standard i. Communications and emergency contacts — Contractor shall have on -call at all agenda with copies for participants, preside at meetings, and record minutes and times for this project an emergency contact. Contractor shall provide the distribute copies to the Contractor, meeting participants, and others affected by decisions Engineer a list of emergency contacts, senior staff, and phone numbers. made. ' Contractor shall also provide an organization chart indicating Contractor Attendance is required for the Contractor's job superintendent, major subcontractors, and representatives and authorizations for site control. ' j. Procedures and processing of field decisions, Requests for Information (RFI), Standard Agenda 1. Review minutes of previous meeting. Requests for Proposal (RFP), submittals, Change Orders (CO), schedules, 2. Review of work progress and submittal status. reports, and applications for payment. 3. Field observations, problems, and decisions. k. Weekly progress meetings ' 1. Procedures for maintaining record documents 5. Maintenance of progress schedule. m. Special site conditions and constraints 6. Corrective measures to regain projected schedules. n. Construction facilities and controls ' o. Inspection, surveying, and testing 8. Coordination of projected progress. p. Security procedures 9. Discussion of site safety conditions, practices, any necessary modifications, and q. Temporary utilities and utility shutdowns conformance with Contractor's health and safety plan. r. Coordination with other ongoing work at the site and in the vicinity of the site Designated Authority: Persons designated by the Contractor to attend and participate in s. Contractor's land access routes and laydown area the weekly project meetings shall have all required authority to commit the Contractor to t. Site safety issues. ' 3.02 PROGRESS MEETINGS ' A. The Engineer or his designated representative will schedule and administer regular progress meetings throughout progress of the work. B. The Engineer or his designated representative will arrange meetings, prepare standard ' agenda with copies for participants, preside at meetings, and record minutes and distribute copies to the Contractor, meeting participants, and others affected by decisions made. ' C. Attendance is required for the Contractor's job superintendent, major subcontractors, and suppliers, as appropriate to the agenda topics for each meeting. ' D. Standard Agenda 1. Review minutes of previous meeting. 2. Review of work progress and submittal status. 3. Field observations, problems, and decisions. 4. Identification of problems that impede planned progress. 5. Maintenance of progress schedule. 6. Corrective measures to regain projected schedules. 7. Planned progress during succeeding work period. 8. Coordination of projected progress. 9. Discussion of site safety conditions, practices, any necessary modifications, and conformance with Contractor's health and safety plan. E. Designated Authority: Persons designated by the Contractor to attend and participate in the weekly project meetings shall have all required authority to commit the Contractor to ' agreements made during the meetings. 1 Bid Documents Project No. 2145 01201 -2 DIVISION 1 — GENERAL REQUIREMENTS Section 01201 — Meetings 3.03 SPECIAL MEETINGS A. The Owner may call special meetings at the project site or other locations to coordinate the work, answer questions, and/or resolve problems. Included will be the Prefinal and Final Inspections. 3.04 HEALTH AND SAFETY MEETINGS A. Conduct daily health and safety meetings for Contractor personnel as required by Contractor's approved health and safety plan. B. The Owner's onsite representatives may attend Contractor's health and safety meetings, as needed, to be aware of work conditions or health and safety concerns that could affect the normal business activities of the Owner's employees or Yakima Airport tenants, or the coordination or prosecution of work under other contracts. PART 4 = MEASUREMENT AND PAYMENT A. See Section 01270 — Measurement and Payment. END OF SECTION Bid Documents Project No. 2145 01201 -3 r I I 1 DIVISION 1 - GENERAL REQUIREMENTS Section 01270 - Measurement and Payment PART 1- GENERAL 1.01 DESCRIPTION A. This Section specifies requirements for measurement of and payment for completed work under this Contract. The scope of work in the Contract is divided into eight base bid pay items, as shown on the Proposal Form, for purposes of measurement and payment. Any work required by the Contract Documents that is not specifically described in the pay item descriptions in Article 1.04 of this Section shall be considered incidental to other items of work and shall not be specifically measured for payment. B. Contractor shall measure completed work as defined in these Contract Documents and shall compute all quantities required for measuring tasks and subtasks for the pay item division of work; these quantities will be verified by the Owner or the Environmental Agent. Agreement between the Owner and Contractor shall be reached on invoiced quantities and amounts prior to submittal of each invoice. C. Payments will be made at the respective lump -sum and unit prices for each pay item of work in the Contract Price. All work specified in this Contract is included within the pay items listed in the Proposal Form and Article 1.04 of this Section. Payment shall be considered full compensation for furnishing all labor, materials, and equipment to complete the work in accordance with the requirements and intent of the Contract Documents, including the Technical Specifications, Contract Plans, and Exhibits. Unless otherwise stated, each pay item shall include all direct and indirect costs necessary to complete the subject work of that pay item. 1.02 MEASUREMENT OF WORK A. Lump Sum Pay Items 1. Items of work for which payment is made by a "lump sum" shall be measured as a complete unit. Labor, materials, or equipment used in lump -sum price pay items will not be measured or paid for separately. 2. The lump sum pay items described in Article 1.04 shall not be adjusted as a result of change orders or extra work. The negotiated Contract Price for change orders or extra work shall include additional provisions for any work that may be described as part of an existing lump sum pay item. 3. For lump sum or incidental pay item descriptions that do not include estimated quantities, Contractor shall be responsible for estimating the pay quantities based on information provided in the Contract Documents, or other means as deemed appropriate by Contractor. B. Unit Price Pay Items. 1. Items of work for which payment is made by a "unit price" shall be measured according to the methods and units described below and the applicable requirements of the Contract Documents. 2. Measurement Standards: All work to be paid for at a Contract Price per unit of measurement shall be measured in accordance with United States Standard Measures. Bid Documents Project No. 2145 01270 -1 DIVISION 1 — GENERAL REQUIREMENTS Section 01270 — Measurement and Payment 3. Measurement by Weight: Unless otherwise specified in the pay items of work, earthwork materials from onsite activities, offsite suppliers, and similar items to be paid for by weight shall be measured by certified scales. Certified copies of supplier receipt invoices shall be provided specifying the type and quantity of material actually furnished/received. 4. Measurement by Volume: Measurement by volume will be by the cubic dimension listed in the Contract Price. Method of volume measurement will be by either the method of surveyed cross - sectional average end -areas or the method of computed cross - sectional areas from lines, grades, and elevations determined by the Owner to adequately represent the work, or computer -aided methods approved by the Owner. 5. Measurement by Area: Measurement by area will be by the square dimension listed in the Contract Price. Method of square measurement will be based on either horizontal or vertical planer projections, whichever is greater, unless otherwise specified. 6. Linear Measurement: Linear measurement will be by the linear dimension listed or indicated in the Contract Price. Unless otherwise specified, components of work to be measured will be measured at the centerline of the work in place. 7. Time Measurement: Measurement by time will be by the time period listed in the Contract Price, based on an 8 -hour workday. All time measurements will be based on an hourly log which shall be agreed upon and signed daily between the Contractor and the Owner. The log will be used to allocate between operating and standby time for the pay item of work. Operating time shall be logged as specified. 1.03 INCREASED OR DECREASED QUANTITIES A. Payment to Contractor will only be made for the actual quantities of the work performed and accepted in conformance with the Contract. When the accepted quantities of work vary from the original bid quantities, payment will be at the unit contract prices for accepted work unless the total quantity of any pay item increases or decreases by more than 25 percent relative to the original bid quantity. In that case, that part of the increase or decrease exceeding 25 percent will be adjusted in accordance with Section 1 -04.6 of the 2008 WSDOT Standard Specifications. 1.04 PAY ITEMS OF WORK A. ITEM NO. 1: WORK PLANS Work Plans include preparation and submittal of the following project work plans within 5 days of notice to proceed: a. Fugitive Dust Control Plan per Section 01560 b. Spill Prevention, Control, and Countermeasures Plan per Section 01560 c. Health and Safety Plan per Section 1350 d. Construction Plan per Section 02220. Payment for Work Plans shall be on the basis of the lump sum price stated in Contractor's bid price for this pay item. Measurement for this pay item shall be estimated on the basis of percent complete, relative to the overall bid price and the actual progress toward project completion. B. ITEM NO. 2: MOBILIZATION AND WORK AREA PREPARATION 1. Mobilization includes preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, and supplies to the project Bid Documents Project No. 2145 01270 -2 Ll J 1 i 7 DIVISION 1 — GENERAL REQUIREMENTS Section 01270 — Measurement and Payment site; and for all other associated work, submittals, and operations which must be performed, permits and approvals to be obtained, or costs incurred prior to beginning work on the various items of the project. 2. Work area preparation includes: documenting existing conditions in the work areas by photographs, measurements, and other appropriate means; establishing work zones and traffic control provisions; and providing temporary construction facilities needed by Contractor. 3. Payment for mobilization and work area preparation shall be on the basis of the lump sum price stated in Contractor's bid price for this pay item. Measurement for this pay item shall be estimated on the basis of the percent complete, relative to the overall bid price and the actual progress toward project completion. C. ITEM NO. 3: TEMPORARY FACILITIES 1. Work under this item includes installing, maintaining throughout the project, and at the end of the project removing all temporary security fencing and gates required to maintain project site security. This item also includes all other temporary facilities and controls in Section 01500 required for execution of the work. 2. Payment for temporary facilities shall be on the basis of the lump sum price stated in Contractor's bid price for this pay item. Measurement for this pay item shall be estimated on the basis of the percent complete, relative to the overall bid price and the actual progress toward project completion. D. ITEM NO. 4: IMPACTED SOIL EXCAVATION INCLUDING HAUL AND DISPOSAL 1. Work under this item includes excavating impacted soil as shown on Contract Plans or as designated by the Owner or the Environmental Agent; loading, covering, and transporting impacted soil for disposal at the Terrace Heights Landfill; payment of the tipping fee and obtaining documentation from the landfill facility certifying the total weight of material disposed at the landfill; and submitting such documentation to the Owner. This item includes any required temporary stockpiling activities and the protection of said stockpiles from contact with rainfall or surface water runoff. This item also includes all required activities associated with drainage, dust control, erosion and sediment control, health and safety, decontamination, and residuals management. 2. Payment for excavating and disposal of impacted soil shall be on the basis of tons of material transported and disposed at the disposal facility, at the unit price stated in the Contractor's bid price for this pay item. Measurement for this pay item shall be determined on the basis of legible copies of certified weight receipts or other documentation of weight from the disposal facility. E. ITEM NO. 5: DEMOLITION INCLUDING HAUL AND DISPOSAL 1. Work under this item includes demolishing asphalt pavement, one catch basin, and associated piping as shown on the Contract Plans or as directed by the Owner or the Environmental Agent; loading, covering, and transporting the debris for disposal at the Terrace Heights Landfill or other approved offsite facility; payment of the tipping fee and obtaining documentation from the disposal facility certifying the total weight of material disposed; and submitting such documentation to the Owner. This item includes any required temporary stockpiling activities and the protection of said stockpiles from contact with rainfall or surface water runoff. Bid Documents Project No. 2145 01270 -3 DIVISION 1 — GENERAL REQUIREMENTS Section 01270 — Measurement and Payment 2. Payment for demolition, haul, and disposal of the pavement, catch basin, and piping debris shall be on the basis of tons of material transported and disposed at the disposal facility, at the unit price stated in Contractor's bid price for this pay item. Measurement for this pay item shall be determined on the basis of legible copies of certified weight receipts or other documentation of weight from the disposal facility. r F. ITEM NO. 6: PLACE AND COMPACT IMPORTED CLEAN SOIL BACKFILL 1 1. Work under this item includes furnishing, moisture conditioning, placement, compaction, and grading of imported clean soil backfill material within the site excavations. This item also includes furnishing, placement, compaction, and grading crushed surfacing top course material along a segment of the truck haul to limit the tracking of dirt onto the pavement route as shown on the Contract Plans. 2. Payment for imported clean soil backfill shall be on the basis of in -place cubic yards of such material placed within site excavations, at the unit price stated in the Contractor's bid price for this pay item. Measurement for clean soil backfill shall be determined on the basis of onsite surveys and in -place volume estimates made by Contractor and agreed upon by the Owner and Contractor. 3. Payment for the crushed surfacing top course shall be on the basis of tons, at the unit price stated in the Contractor's bid price for this pay item. Measurement for the crushed surfacing top course shall be determined on the basis of certified truck weight tickets. G. ITEM NO. 7: SITE RESTORATION AND DEMOBILIZATION 1. Site restoration includes: restoration of site areas disturbed by the Contractor's activities to a condition equal to, or better than, before construction started; repair of any damage to existing site facilities and utilities caused by the Contractor; and replacement of any curbing, sidewalks, walkways, landscaping, or other features removed to facilitate soil remediation activities. This item also includes seeding of work areas disturbed during execution of the work. 2. Demobilization includes site cleanup and demobilization of personnel, equipment, and excess materials and supplies from the project site. This item includes removal of all construction equipment, disposal of all excess materials, disposal of all rubbish and debris, and removal of all temporary facilities and controls established due to the Contractor's activities. This item also includes completion of all submittals and required documentation including as -built drawings, certifications, affidavits, warranties, etc. as required by the Contract Documents and the Owner. 2. Payment for site restoration and demobilization shall be on the basis of the lump sum price stated in the Contractor's bid price for this pay item. Measurement for this pay item shall be estimated on the basis of the percent complete, relative to the overall bid price and the actual progress toward project completion. H. ITEM NO. 8: REPAIR OR REPLACEMENT 1. Work under this pay item consists of repair or replacement of miscellaneous items within or adjacent to the project area that are not included in Item No. 7, as approved by the Owner. 2. Payment for repair or replacement shall be by force account. For the purpose of providing a common proposal for all bidders, and for that purpose only, the City has estimated the force account for "Repair or Replacement," and has arbitrarily entered Bid Documents Project No. 2145 Ll 01270 -4 1 ' DIVISION 1 — GENERAL REQUIREMENTS Section 01270 — Measurement and Payment for item in the amount the pay the proposal to become a part of the total bid by the Contractor. ' END OF SECTION 1 ri tBid Documents Project No. 2145 01270 -5 DIVISION 1 - GENERAL REQUIREMENTS Section 01330 - SUBMITTALS PART 1- GENERAL 1.01 DESCRIPTION A. This section describes requirements for Contractor's submittals. 1.02 SUBMITTAL REQUIREMENTS A. Furnish for review all submittals required by the Contract Documents. All submittals shall be signed by an authorized representative of Contractor. Contractor's signature on submittals shall constitute a representation to the Owner that Contractor has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data, or that it assumes full responsibility for doing so, and that it has reviewed or coordinated each submittal with the requirements of the Contract Documents. B. Each submittal shall be issued in 4 copies and addressed to the City and hand delivered to the following address: City Engineer 129 North 2nd Street Yakima, WA 98901 C. Each submittal, or group of submittals, shall be accompanied by a transmittal letter that describes the items submitted. The transmittal letter shall be clearly labeled with the title of the project and shall list the submittals transmitted. Each submittal shall be individually numbered in a manner approved by the Owner. The initial version of the submittal shall be identified as "Revision 0," and subsequent submittals shall be numbered consecutively starting with "Revision 1." 1.03 SUBMITTAL REVIEW A. After review of each of Contractor's submittals, the submittal will be returned to Contractor with a form indicating one or more of the following: 1. No Exceptions Taken. Accepted subject to its compatibility with future submittals and additional partial submittals for portions of the work not covered in this submittal. Does not constitute approval or deletion of specified or required items not shown in the partial submittal. 2. Make Corrections Noted (No Resubmittals Required). Same as Item 1, except that minor corrections as noted shall be made by Contractor. 3. Amend and Resubmit. Rejected because of major inconsistencies or errors. Resolve or correct before next submittal. 4. Rejected- Resubmit. Submitted material does not conform to the Contract Documents in a major respect (e.g., wrong material, size, capacity, model, etc.). B. Within 5 working days of the receipt of submittals, shop drawings, or manufacturer's t data, the Owner or Environmental Agent will return one copy of each drawing or data sheet marked to indicate the result of the review. Bid Documents Project No. 2145 01330 -1 DIVISION 1 - GENERAL REQUIREMENTS Section 01330 - SUBMITTALS C. Copies marked "No Exceptions Taken" or "Make Corrections Noted" authorize Contractor to proceed with construction covered by those data sheets or shop drawings with corrections, if any, incorporated. D. A favorable review shall not relieve Contractor of its responsibility to conform to the Contract Documents, correct details when in error, or ensure the proper fit'of parts when installed. A favorable review by the Owner of shop drawings, method of work, or information regarding material and equipment Contractor proposes to furnish shall not relieve Contractor of its responsibility for errors therein and shall not be regarded as assumption of risk or liability by the Owner or its officers, employees, or representatives. Contractor shall have no claim under the Contract on account of failure or partial failure, or inefficiency or insufficiency of any plan or method of work, or material and equipment so accepted. Favorable review means that the Owner has no objection to Contractor .using, upon its own full responsibility, the plan or method of work proposed, or furnishing the material and equipment proposed. E. It is considered reasonable that Contractor's submittals shall be complete and acceptable by at least the second submission of each submittal. The Owner reserves the right to deduct monies from payments due Contractor to cover additional costs for review beyond the second submission. 1.04 SUPPLIER DATA A. Include name, address, contact person, and telephone number of each supplier on each shop drawing and material data submitted. PART 2 - PRODUCTS 2.01 SUBMITTALS Individual submittals are required in accordance with the pertinent sections of these specifications. The following list is incomplete, and it is the Contractor's responsibility to ensure that Contractor has met all Contract requirements. A. Section 01350 — Health and Safety Plan 1. Health and Safety Plan and associated submittals B. Section 01560 — Environmental Controls The following measures may be included as part of Contractor's Work Plan. 1. Erosion Control Measures 2. Spill Prevention Measures 3. Fugitive Dust Control Measures (including a site specific fugitive dust control plan for submittal to the Yakima Regional Clean Air Agency). C. Section 02200 — Earthwork 1. Site - Specific Construction Work Plan 2. Backfill Material Sources and Documentation Bid Documents Project No. 2145 01330 -2 DIVISION 1 — GENERAL REQUIREMENTS Section 01330 — SUBMITTALS 3. Waste Disposal Documentation 4. Site Surveys and As -Built Construction Record Drawings PART 3 — EXECUTION 3.01 PREPARATION OF SUBMITTALS A. Prepare all submittals required by the Contract Documents. When a submittal contains multiple pages of printed material or printed material and a sample, the submittal contents shall be stapled, clipped, or bound so that all items within the submittal are easily retained as a single package. If samples are bulky, irregular in shape, or of inordinate weight (as with soil samples), the submittal shall be delivered as two packages, with the sample accompanied by a tag identifying the sample by submittal number, submittal title, specification reference, and contents. PART 4 — MEASUREMENT AND PAYMENT A. See Section 01270 — Measurement and Payment. END OF SECTION Bid Documents Project No. 2145 01330 -3 tDIVISION ' 1 - GENERAL REQUIREMENTS Section 01350 - Health and Safety Provisions PART 1- GENERAL ' 1.01 DESCRIPTION A. This Contract requires excavating, handling, loading, and transport of contaminated t materials on portions of the site. Based on past site activities and field investigations, soil in the excavation area identified on the Contract Plans contains elevated concentrations of ' pesticides and herbicides. Work involving contact with the impacted soils will require employees to have 40 -Hour Hazardous Waste Operation and Emergency Response (HAZWOPER) training. Contractor shall also comply with, at a minimum, the provisions of 29 CFR 1926, the provisions of the Owner's site health and safety plan included as Exhibit C, and Contractor's site - specific health and safety plan prepared for the work under this Contract. Additionally, Contractor shall exercise due caution when excavating and handling impacted soil and construction water to minimize the potential health hazard to persons on the site, adjacent properties, and the general public. B. Contractor shall at all times conduct its activities with appropriate precautions to avoid the risk of bodily harm to persons or the risk of damage to any property or the ' environment. Contractor shall continuously inspect all work, materials, and equipment and shall be solely responsible for discovery, determination, and correction of any conditions that may involve such risks. ' C. Supply all equipment, materials, and personnel necessary to meet the requirements of this section and all applicable codes and regulations for safe handling and disposal of site ' wastes. D. The Owner and its representatives will be responsible for health and safety protection of their own personnel and will, at a minimum, perform other work not in this Contract in ' accordance with the health and safety plan presented in Exhibit C. Contractor shall allow use of its decontamination facilities by the Owner and its representatives, federal or state ' agencies, and authorized visitors. 1.02 REGULATORY REQUIREMENTS AND APPLICABLE PUBLICATIONS A. Regulatory requirements applicable to the Work include, but are not limited to, the following: 1. 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response 2. 29 CFR 1926, Safety and Health Regulations for Construction ' 3. 49.17 RCW, Washington Industrial Safety and Health Act 4. WAC 296 -800, General Safety and Health Standards ' 5. WAC 296 -155, Safety Standards for Construction 6. WAC 296 -62, Part P, Hazardous Waste Operations and Emergency Response 7. American Conference of Governmental Industrial Hygienists (ACGIH), Threshold Limit Values and Biological Exposure Indices for 1991 -1992, or most recent version ' 8. NIOSH/OSHA/USCG /EPA, Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, DHHS Publication No. 85 -115, October 1985. Bid Documents Project No. 2145 01350 -1 DIVISION 1 — GENERAL REQUIREMENTS Section 01350 — Health and Safety Provisions 1.03 SUBMITTALS A. Prepare and submit to the Owner, within 5 working days of the issuance of the Notice to Proceed, a site - specific health and safety plan meeting applicable regulatory requirements. Obtain the Owner's concurrence with the plan before proceeding with onsite work. The health and safety plan shall address all requirements for general health and safety, shall meet the minimum requirements of Article 2.01 of this section, and shall include the requirements listed in items B and C below. B. Submit the name and qualifications of Contractor's health and safety officer for the work. This person shall not be replaced without prior written approval by the Owner. C. Submit proof of 40 -hour and current 8 -hour annual refresher OSHA 1910.120 training for general site workers, and of 40 -hour and current 8 -hour annual refresher OSHA 1910.120 training for site supervisors, who are authorized by Contractor to engage in work associated with hazardous materials and potentially hazardous materials. For onsite supervisory personnel, in addition to the previously described training certifications, submit current certification of OSHA 1910.120 onsite management or supervisor training and American Red Cross first aid and cardiopulmonary resuscitation (CPR) training. Site worker training shall comply with WAC 296 -62, Part P. Upon request by the Owner, submit documentation of respiratory fit testing for personnel who are authorized by Contractor to engage in work associated with hazardous materials and potentially hazardous materials. 1.04 QUALIFICATIONS A. Contractor's employees who engage in hazardous materials work shall at a minimum meet the training requirements as specified in the regulatory requirements listed in this I section. 1.05 SCOPE OF HAZARDOUS MATERIALS WORK ' A. Hazardous materials work is limited to activities involving personnel or equipment in contact with contaminated soil and water associated therewith, including excavation, handling, and disposal of these materials. Contractor shall be responsible for monitoring ' hazardous materials and conditions and determining when work involves hazardous materials and when conditions are present that require conformance with specified regulatory requirements. Contractor shall be responsible for the planning and scheduling ' of hazardous material work with all other work under the Contract and shall conduct all hazardous material work in accordance with Contractor's site - specific health and safety plan. ' Bid Documents 1 Project No. 2145 01350 -2 0 0 k 0 DIVISION 1 — GENERAL REQUIREMENTS Section 01350 — Health and Safety Provisions 1.06 PERSONAL DECONTAMINATION FACILITY A. Provide a personal decontamination facility that meets the requirements specified in the site - specific health and safety plan and Section 01560. B. On completion of the work, and with the Owner's approval, decontaminate and demobilize decontamination facilities. 1.07 EQUIPMENT DECONTAMINATION A. Conform to the provisions of Section 01560. PART2— PRODUCTS 2.01 HEALTH AND SAFETY PLAN A. Prepare and maintain for the duration of this Contract a site - specific health and safety plan to promote the health and protection of all onsite personnel and the environment. B. Assess the potential risks to onsite personnel and the environment and develop a site - specific health and safety plan to safely execute the work under this Contract. Submit the health and safety plan to the Owner for review and general concurrence. The Owner's review and concurrence with Contractor's health and safety plan will not in any way relieve Contractor of its responsibility for health and safety, nor shall the Owner's concurrence be construed as limiting in any manner Contractor's obligation to undertake actions that may be necessary or required to establish and maintain safe working conditions at the site, - including conditions not related to hazardous materials, nor shall the Owner's concurrence be construed as establishing Owner or Environmental Agents in a position of responsibility for implementation or administration of Contractor's health and safety plan. C. Contractor and its subcontractors shall comply with the site - specific health and safety plan for the duration of this Contract. Coordinate with the Owner and with all of the Contractor's subcontractors on health and safety matters. Furnish all necessary first -aid, safety, personal protective and decontamination equipment and facilities, and enforce the use of such equipment and facilities by Contractor's employees and its subcontractors. D. The Owner's health and safety plan is contained in Exhibit C and is provided for reference purposes only; Contractor's health and safety plan shall, at a minimum, be as protective as the relevant sections of that plan. Contractor is responsible for independently evaluating the physical and chemical hazards associated with the project site and the work under this Contract and developing a plan that adequately addresses these hazards in compliance with applicable local, state, and federal regulations. As a minimum, Contractor's health and safety plan shall include: 1. A description of the site activities to be performed. Bid Documents Project No. 2145 01350 -3 DIVISION 1 — GENERAL REQUIREMENTS Section 01350 — Health and Safety Provisions 2. A listing of hazardous substances known to be or suspected of being present at the site. 3. A description of the site chemical hazards (e.g., toxicity, flammability, stability, reactivity, etc.), including the nature of each chemical; its physical properties; OSHA, WISHA, or ACGIH standards, where established; and physical hazards (e.g., noise, heavy equipment, heat stress, etc.). 4. A map of the site showing the proposed work activity locations, evacuation routes, and assembly areas. 5. General health and safety directives regarding onsite conduct, including levels of protection and contingency plans. 6. Site - specific health and safety directives for potentially hazardous activities. These directives shall specify the equipment and safety procedures to be used by personnel engaged in the work activities. 7. Establishment of the work area definitions associated with potential contact with hazardous materials. Planned changes in boundaries during the work shall be identified. 8. Requirements for personal protective equipment, including respiratory, eye, and skin protection. The plan shall include a listing of the health and safety equipment that will be available onsite and required for site activities during the work under this Contract. 9. Personal decontamination facilities and procedures. 10. Equipment decontamination facilities and procedures. 11. Emergency procedures in case of hazardous material spillage or exposure to personnel, personal injury, fire, explosion, etc. This section of the plan shall include emergency telephone numbers and specific procedures for immediate removal to a hospital or doctor's care of any person who may be injured on the job site. 12. Field monitoring equipment and procedures. This section of the plan shall specify when and how monitoring will be performed, what data reporting procedures will be used, and how the data will be used on site to determine appropriate personal protective equipment. 13. Names and responsibilities of personnel assigned to implement, administer, and supervise the health and safety plan. 14. Names, firms, and staff positions of personnel authorized to work at the site, including personnel handling any chemical sampling equipment and personnel performing any offsite material disposal. 15. An employee signature page on which each of Contractor's employees whose activities involve contact with contaminated soil and waters associated therewith, and each employee of each subcontractor whose activities involve contact with contaminated soil and waters associated therewith, will acknowledge receipt of the plan, an understanding of the plan, and an agreement to comply with plan provisions. 16. Recordkeeping requirements and all necessary reporting to cover the implementation of the plan. E. As conditions change or if new operations are to be performed, Contractor's health and safety plan shall be modified or amended as appropriate. Bid Documents Project No. 2145 01350 -4 I DIVISION 1 - GENERAL REQUIREMENTS Section 01350 - Health and Safety Provisions PART 3 - EXECUTION 3.01 HEALTH AND SAFETY A. Site activities involving hazardous materials shall be conducted in accordance with Contractor's site - specific health and safety plan. B. Designate a qualified representative as health and safety officer whose responsibility will be health and safety oversight and who is thoroughly trained in rescue procedures, HAZWOPER, and the use of safety equipment and gas detectors. The designated health and safety officer shall be on site at all times when contact with hazardous materials is anticipated. C. The Site Safety and Health Officer shall be empowered with the delegated authority to order any person or worker on the project site to follow the safety rules. Failure to observe these rules is sufficient cause for removal of the person or worker(s) from this project. D. The Site Safety and Health Officer is responsible for determining the extent to which any safety equipment must be utilized, depending on conditions encountered at the site. E. Contractor shall be responsible for providing safety training and shall require its subcontractors and all of Contractor's authorized visitors to have this training, if appropriate for the work to be conducted by these personnel. Documentation of this training shall be available at the site. Provide appropriate personal protective equipment for Contractor's employees, as specified in the health and safety plan, and require subcontractors to provide this equipment for subcontractor's employees. F. Provide for decontamination of Contractor's and subcontractor's personnel and equipment that contacts hazardous or potentially hazardous materials. G. Provide for the proper disposal of disposable safety gear and equipment used by Contractor's and subcontractor's employees. Such disposal shall conform to all applicable federal, state, and local waste disposal regulations. Waste material from Contractor's onsite decontamination facilities shall be properly containerized, labeled, and disposed by the Contractor. H. Maintain accurate accident and injury reports and furnish the Owner a copy of the reports within 24 hours of the reported incident. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing within 24 hours after occurrence to the Engineer, giving full details of the claim. I. Provide proper illumination of construction activities, as necessary, to allow all workers and oversight personnel to safely execute their responsibilities and tasks. Promptly comply with any specific instructions or directions given to Contractor by the Owner or the Environmental Agents unless overriding health and safety concerns dictate Bid Documents Project No. 2145 01350 -5 DIVISION 1 — GENERAL REQUIREMENTS Section 01350 — Health and Safety Provisions another course of action. The Owner's review of the Contractor's performance does not include approval of the adequacy of the Contractor's safety supervisor, the site specific health and safety plan, safety program, or any safety measures conducted for or taken in, on, or near the construction site. K. Health and safety plans, emergency procedures, and first aid procedures shall be conspicuously posted at the site and Contractor shall hold regularly scheduled meetings, as necessary, to instruct its personnel and its subcontractors on health and safety practices and use of personal protective equipment. 3.02 MATERIAL HANDLING AND DISPOSAL A. Handle and dispose of contaminated soil, water, and other materials during prosecution of the work consistent with these Specifications and directives issued by the Owner, and in conformance with all applicable federal, state, and local waste disposal regulations. B. Contaminated materials shall be contained within designated areas and shall not, at any time, be placed directly on or otherwise allowed to contaminate the surface of designated uncontaminated areas, except as approved in writing by the Owner or the Environmental Agent. C. Transport contaminated soil, water, and other materials from the point of removal to the point of temporary storage or loading in such a manner that contaminated material is not placed on and does not spill or fall on designated uncontaminated areas. Contractor shall install and maintain chemically resistant liner and containment berm materials and clearly stake and mark temporary storage locations for contaminated materials at all times. D. Assist the Owner or the Environmental Agent whenever they elect to acquire confirmational samples. Assist the Environmental Agent to the maximum extent practicable and facilitate the complete removal of contaminated materials within the limits specified by the Environmental Agent subject to contractual provisions related to changes in the scope of work. PART 4 — MEASUREMENT AND PAYMENT A. See Section 01270 — Measurement and Payment. END OF SECTION Bid Documents Project No. 2145 01350 -6 u u DIVISION 1 — GENERAL REQUIREMENTS Section 01500 — Temporary Facilities and Controls PART 1— GENERAL 1.01 DESCRIPTION A. This section specifies requirements for certain temporary facilities to be provided and maintained by Contractor. No temporary facilities or utilities will be provided by the Owner. B. Temporary facilities include security fencing; water, sanitary, and electrical utilities; parking areas; material and equipment storage areas; and other temporary site improvements determined by Contractor as necessary for execution of the work. C. Available areas for temporary facilities within and around the site are limited. Final arrangements and layouts for temporary facilities shall be proposed by Contractor and approved by the Owner. PART 2 — PRODUCTS 2.01 TEMPORARY CONSTRUCTION FACILITIES A. Provide and maintain temporary berms and lining/cover materials as required to prevent movement of waste materials, spills, etc. resulting from the work under this Contract. B. Maintain construction, staging, and storage areas in a neat, orderly condition. C. Provide barricades, temporary fencing, handrails, warning lights, and other devices required by law or regulation, or as necessary to protect people on or near the site. 2.02 MATERIAL STORAGE A. Construct temporary material and equipment storage areas, as required, to secure and protect same against damage, loss, theft, and vandalism. B. Provide shelters, as required, for material storage to protect goods and supplies against the elements, theft, vandalism, or other damage. 2.03 ELECTRICAL A. Provide temporary electric supply as needed for completion of the work. 2.04 DRINKING WATER A. Provide drinking water for all personnel connected with the work. Water shall be transported in sanitary containers to provide clean and fresh water. Bid Documents Project No. 2145 01500 -1 1 DIVISION 1 — GENERAL REQUIREMENTS Section 01500 — Temporary Facilities and Controls 1 B. Provide drinking water for consumption in the exclusion zone(s). Contractor shall devise a method for water consumption that does not pose a health and safety risk for ' site workers. 2.05 TEMPORARY TOILETS ' A. Provide adequate chemical toilet facilities for all individuals connected with the work, in numbers as required by federal and state safety and occupational standards. 1 B. Provide regular service of each chemical toilet facility to maintain sanitary conditions. Remove units at the completion of the site work. 2.06 WATER FOR CONSTRUCTION PURPOSES, DECONTAMINATION, DUST CONTROL, ' AND FIRE PROTECTION A. Provide clean, potable water and necessary storage required for the work, including storage requirements for fugitive dust emissions control. Water may be transported to the site by tanker truck or by connections to a nearby fire hydrant or other water source, whichever is more feasible and cost - effective, as approved by the Owner. Contractor shall pay for any and all temporary water connection and meter fees charged by the City of Yakima. Arrangements for temporary water connections can be made by contacting the City of Yakima Water Department: City of Yakima Water Department (509) 575 -6154 B. Make connections and provide piping, hoses, nozzles, and other accessories required to supply water to the site and support zones for accomplishing the work and providing necessary fire protection, and provide and maintain the necessary equipment to meet the requirements of the Contract Documents. 2.07 SECURITY A. The construction site shall be closed to the public at all times. Contractor shall have on site at all times during construction an individual with airport security clearance as approved by the Yakima Airport. Contractor shall coordinate directly with the Yakima Airport regarding site security requirements. Arrangements for security clearance can be made with Yakima Airport: Kris Yalovich (509) 575 -6149 B. Contractor shall access the site via a security gate. Temporary access through this gate will be provided by the Yakima Airport. The Contractor shall be responsible for controlling access through this gate while the gate is opened. Bid Documents Project No. 2145 01500 -2 DIVISION 1 — GENERAL REQUIREMENTS Section 01500 — Temporary Facilities and Controls 2.08 TEMPORARY SECURITY FENCING A. General: Furnish and install temporary fencing around the construction area as shown on the Drawings. B. Construction: The temporary fence shall consist of woven wire mesh not less than 6 feet in height, complete with metal posts and all required bracing, and with vehicle access and a locked gate for airport tenant access as shown on the Drawings and as required by the Engineer. C. Project Completion: Upon completion of project work, Contractor shall remove all temporary fencing. PART 3 — EXECUTION 3.01 GENERAL A. Install and maintain all necessary temporary facilities for the duration of the project, consistent with applicable codes and regulations and the requirements of these Specifications. B. All temporary facilities are to be removed at the completion of site work. 3.02 REMOVAL A. Temporary facilities subject to contamination in the exclusion and contamination reduction zones shall be decontaminated in accordance with Contractor's health and safety plan before being removed from the site. B. Upon removal of temporary facilities from the site, restore areas occupied by those facilities to a condition similar to those that existed prior to the Contract or as acceptable to the Owner. C. Remove all rubbish, debris, and other accumulations that may result from work under this Contract. Dispose of nonhazardous and nondangerous wastes, rubbish, debris, and construction waste materials at approved offsite locations weekly. PART 4 — MEASUREMENT AND PAYMENT A. See Section 01270 — Measurement and Payment. END OF SECTION Bid Documents Project No. 2145 015003 DIVISION 1 - GENERAL REQUIREMENTS Section 01560 - Environmental Controls PART 1 - GENERAL 1.01 GENERAL A. Perform the work in a manner to minimize the polluting of air, water, or land, and control noise and the disposal of solid waste materials, as well as any other pollutants. The work includes compliance with the Department of Ecology approved Consent Decree (See Exhibit A), and local, state, and federal laws, regulations, and ordinances with respect to environmental compliance. The bidder shall review this information and become familiar with existing site conditions before submitting a bid to the Owner for this project. B. Reference Documents: The results of site investigations are included as Reference Documents and these documents are: 1. The Supplemental Investigation Data Report (Landau Associates 2009) 2. The Site Cleanup Action Workplan and Addendum (Landau Associates 2009). 1.02 PRECONSTRUCTION SITE REVIEW Prior to start of any onsite construction activities, Contractor and the Environmental Agent shall make a joint condition site review, after which Contractor shall prepare a brief report or site map indicating on a layout plan the condition of work areas, assigned storage areas, access routes, and other pertinent site features. Contractor shall be responsible for moving existing clean soil and debris stockpiles onsite as needed for site access and work areas. 1.03 PROTECTION OF LAND AREAS Except for work and storage areas and access routes specifically assigned for the use of Contractor, land areas outside the limits of permanent work performed under this Contract shall be preserved in their present condition. Contractor shall confine its construction activities to onsite areas defined on the Contract Plans or specifically assigned by the Owner for its use. 1.04 DISPOSAL OF CONTRACTOR WASTE Contractor is responsible for disposing of incidental waste materials resulting from the work under this Contract. Such waste material does not include any of the materials designated for removal by the plans or specifications, unless those materials are further contaminated through the actions of Contractor (see below). If any waste material is spilled or dumped in unauthorized areas, completely remove the material to the Owner's satisfaction and restore the area to the condition of the adjacent undisturbed areas. Where directed, ground contaminated by such activities shall be excavated, disposed of as approved by the Owner, and replaced with suitable fill material, all at the expense of Contractor. Bid Documents Project No. 2145 01560 -1 L DIVISION 1 - GENERAL REQUIREMENTS Section 01560 — Environmental Controls 1.05 CORRECTIVE ACTION Upon receipt of a notice in writing of any noncompliance with provisions in this Section, take immediate corrective action. If Contractor fails or refuses to comply promptly, the Owner may issue an order stopping all or part of the Work until satisfactory corrective action has been taken. No part of the time lost due to a stop work order shall be made the subject of a claim for extension of time or for excess costs of damages by Contractor unless it was later determined that the Contractor was in compliance. 1.06 POST - CONSTRUCTION CLEANUP OR OBLITERATION Unless otherwise instructed in writing by the Owner, obliterate all signs of temporary construction facilities such as work areas, temporary stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work. Except for areas restored as shown on the Drawings, the disturbed areas shall be graded, filled as necessary to restore original grades, and seeded as designated by the Owner. 1.07 SUBMITTALS The following measures shall be included as part of Contractor's Work Plan developed per the requirements of Section 02200. A. Erosion Control Measures B. Spill Prevention Measures C. Fugitive Dust Control Measures (including a site specific fugitive dust control plan for submittal to the Yakima Regional Clean Air Agency; see Exhibit B). PART 2— PRODUCTS 2.01 MATERIALS A. Selection of the types, capacities, and materials of products and equipment needed to execute the work and to provide the required environmental protection is the responsibility of Contractor. Materials, tools, and equipment shall be suitable for the intended purpose and shall conform to the requirements of the Specifications and applicable codes and standards for safety. B. Decontaminate equipment and materials prior to transporting the equipment or materials to the site, as appropriate, and decontaminate and/or clean equipment and materials prior to removing them from the site in conformance with this Section. C. Select suitable environmental protection products and equipment to facilitate the work, including, but not limited to, absorbent pads and booms, silt fencing, hay bales, ecology blocks, pressure washers, pumps and hoses, filter media, tanks, shield systems, small tools, plastic (polyethylene) sheeting, and all other required facilities and equipment. Bid Documents Project No. 2145 01560 -2 DIVISION 1 - GENERAL REQUIREMENTS Section 01560 - Environmental Controls PART 3 - EXECUTION 3.01 CONDUCT OF THE WORK A. Conduct the work in a manner that protects the environment as specified in this section and elsewhere in the Contract Documents. Failure to protect the environment may result in the Owner issuing a stop work order, the duration of which shall extend until conditions that threaten the environment are corrected to the satisfaction of the Owner. Costs incurred as a result of such a stop work order shall be at the sole expense of Contractor. B. Contractor shall control access to work areas at all times. Potentially impacted materials and stockpiles shall be placed in areas isolated from general site areas and shall be clearly identified and delineated. Access to areas with potentially impacted materials shall be restricted to only those personnel with appropriate health and safety training in accordance with applicable codes and regulations. C. Contractor shall keep the work site, staging areas, and Contractor's facilities clean and free from rubbish and debris. Materials and equipment shall be removed from the site when they are no longer necessary. Upon completion of the work and before final acceptance, the work site shall be cleared of equipment, unused materials, and rubbish to present a clean and neat appearance in conformance with the present condition of the site. 3.02 AIR POLLUTION AND DUST CONTROL A. The project requires that all trucks carrying loads of contaminated soil leaving the site have their loads securely covered. Trucks shall be kept to paved areas and excess dirt brushed from the wheels prior to leaving the site. Maintain all excavations, fill areas, stockpiles, material and equipment storage areas, waste areas, borrow areas, and all other work areas free from excess dust to such reasonable degree as to avoid causing a hazard or nuisance to others. B. Contractor shall abide by all applicable regulations enforced by the Yakima Regional Clean Air Agency ( YRCAA). This includes preparing a site specific fugitive dust control plan and submitting the plan, as indicated in Exhibit B, to the YRCAA for review within 5 days of notice to proceed. The Contractor shall identify methods to clean trucks prior to reuse for clean backfill or on other projects to the satisfaction of YCRAA and the Owner. C. Contractor shall not discharge smoke, dust, and other contaminants into the atmosphere that violate the regulations of any legally constituted authority. Contractor shall maintain construction vehicles and equipment in good repair. Exhaust emissions that are determined to be excessive by the Engineer shall be repaired or replaced. D. Street Cleaning 1. Contractor shall be responsible for preventing dirt and dust from escaping from Bid Documents Project No. 2145 01560 -3 DIVISION 1 - GENERAL REQUIREMENTS Section 01560 — Environmental Controls trucks departing the project site, by covering loads, brushing truck tires before leaving the site, or other reasonable methods. 2. When working dump trucks and/or other equipment on paved streets and roadways, Contractor shall be required to clean any spills on said streets in accordance with City of Yakima, YRCAA, or Department of Ecology requirements. 3. In the event that the above requirements are violated and no action is taken by Contractor after notification of infraction by the Engineer, the Owner reserves the right to have the streets in question cleaned by others and the expense of the operation charged to the Contractor. 3.03 NOISE CONTROL A. Contractor shall comply with all local controls and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the Contract. B. Each internal combustion engine, used for any purpose on the job or related to the job, shall be enclosed and be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler and enclosure. 3.04 DRAINAGE AND EROSION CONTROL A. Surface water control, management, and disposal within all work areas shall be the responsibility of Contractor. Surface water disposal shall comply with all applicable federal, state, county, and local laws, statutes, ordinances, and regulations. Surface drainage from work areas shall be contained and surfaces shall be graded as appropriate to control erosion. Temporary control measures shall be provided and maintained until permanent drainage measures are completed. Temporary erosion control measures shall be installed to control the movement of erodible soil by surface water drainage. At the completion of work, all disturbed areas will be reseeded as shown on the Contract Plans. Drainage and erosion control measures shall be carried out in accordance with this section and the Contract Plans. B. Temporary Pumping and Erosion Control: 1. Contractor shall conform to the regulations and requirements of legally authorized surface water management agencies. 2. Contractor shall be responsible for keeping excavations and other areas free from water as required to permit continuous progress of, or to prevent damage to, its own work or the work of others. Contractor's operations shall be conducted in such a manner as to prevent sediment from reaching existing sewers, storm drains, creeks, or streams. Temporary erosion control and settling ponds or temporary tanks shall be provided in the work area as required to trap runoff until the turbidity has settled and the water can be diverted into the storm drains or drainage courses. Stored or impounded water shall not be discharged to any drainage or sanitary sewer system. 3. Contractor shall cover exposed excavated areas and stockpiles when runoff from rain is or would be likely to cause turbid waters to enter local waterways or drainage Bid Documents Project No. 2145 015604 DIVISION 1 - GENERAL REQUIREMENTS Section 01560 — Environmental Controls systems. Contractor shall suspend work in the rain if such work cannot be performed without causing turbid runoff. 4. Contractor shall apply a permanent seed cover to all disturbed areas at the completion of backfill per the Contract Plans. 3.05 SPILL PREVENTION, CONTROL, AND COUNTERMEASURES PLAN Contractor shall prepare a project specific spill prevention, control, and countermeasures (SPCC) plan to be used for the duration of the project. The plan shall be submitted to the Engineer prior to the commencement of any onsite construction activities. Contractor shall maintain a copy of the plan at the work site, including any necessary updates as the work progresses. If hazardous materials are encountered during construction, Contractor shall do everything possible to control and contain the material until appropriate measures can be taken. Hazardous material, as referred to within this Specification, is defined in RCW 70.105.010 under "Hazardous Substances ". Occupational safety and health requirements that may pertain to SPCC planning are contained in but not limited to WAC 296 -824 and WAC 296 -843. The SPCC plan shall address the following project - specific information: A. SPCC Plan Elements 1. Site Information Identify general site information useful in construction planning, recognizing potential sources of spills, and identifying personnel responsible for managing and implementing the plan. 2. Project Site Description Identify staging, storage, maintenance, and refueling areas and their relationship to drainage pathways, waterways, and other sensitive areas. Specifically address: a. Contractor's equipment maintenance, refueling, and cleaning activities. b. Contractor's onsite storage areas for hazardous materials. 3. Spill Prevention and Containment For each of the locations identified in 2, above, specifically address: a. Spill prevention and containment measures to be used at each location b. The method of collecting and treating, or disposing of, runoff from each location c. The method of diverting project runoff from each location. 4. Spill Response Outline spill response procedures including assessment of the hazard, securing spill response and personal protective equipment, containing and eliminating the spill source, and mitigation, removal, and disposal of the material. 5. Standby, Onsite Material and Equipment The plan shall identify the equipment and materials Contractor will maintain on site to carry out the preventive and responsive measures for the items listed. 6. Reporting The plan shall list all federal, state, and local agency telephone numbers the Contractor must notify in the event of a spill. 7. Program Management Identify site security measures, inspection procedures, and personnel training procedures as they relate to spill prevention, containment, response, management, Bid Documents Project No. 2145 01560 -5 1 DIVISION 1 - GENERAL REQUIREMENTS. Section 01560 — Environmental Controls and cleanup. 8. Preexisting Contamination If preexisting contamination in the project area is described elsewhere in the Plans or Specifications, the SPCC plan shall indicate measures the Contractor will take to conduct work without allowing release or further spreading of the materials. B. SPCC Plan Attachments 1. Site plan showing the locations identified in A.2. and A.3 above. 2. Spill and Incident Report Forms, if any, that the Contractor will be using. Implementation Requirements Contractor shall implement prevention and containment measures identified in the SPCC plan prior to performing any of the following: 1. Placing materials or equipment in staging or storage areas 2. Equipment refueling 3. Equipment washing 4. Stockpiling contaminated materials. PART 4 — MEASUREMENT AND PAYMENT A. See Section 1270 — Measurement and Payment. Bid Documents Project No. 2145 END OF SECTION 01560 -6 DIVISION 2 - SITE WORK Section 02200 - Earthwork PART 1 - GENERAL 1.01 DESCRIPTION A. This section specifies earthwork requirements for the project, including demolition, excavation, material handling, grading, backfilling and compaction of soil, and other work incidental to the earthwork shown on the Drawings or required to accomplish the work under this Contract. Earthwork covered under this section includes, but is not limited to, the following elements: 1. Clearing within limits of the Project. 2. Demolition and removal of existing asphalt pavement, and a catch basin/sump and associated piping as needed in the designated soil remediation areas. 3. Excavating, stockpiling, loading, transport, and disposal of impacted soil to Terrace Height Landfill or other offsite disposal facility approved by the Engineer. 4. Excavating, size reduction, stockpiling, loading, and transport of asphalt and debris to Terrace Height Landfill or other offsite disposal facility approved by the Engineer 5. Coordination of environmental testing with Owner and Environmental Agent. 6. Placing, compacting, and final grading imported clean soil as excavation backfill. 7. Conducting site surveying prior to and after excavation backfill. 8. Site cleanup and restoration. 1.02 REFERENCE STANDARDS A. The following standards and test methods are included as a part of this Section insofar as specified and modified herein. In case of conflict between the requirements of this Section and the listed standards and test methods, the requirements of this Section shall prevail. Reference Title or Description ASTM D 422 Test Method for Particle -Size Analysis of Soil ASTM D 1557 Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort ASTM D 2216 Test Method for Laboratory Determination of Water (Moisture) Content of Soil and Rock ASTM D 2487 Test Method for Classification of Soils for Engineering Purposes ASTM D 2922 Test Method for Density of Soil and Soil- Aggregate in Place by Nuclear Methods ASTM D 3017 Test Method for Moisture Content of Soil and Soil- Aggregate in Place by Nuclear Methods 1.03 REFERENCES A. All references to WSDOT shall refer to 2008 Standard Specifications for Road, Bridge, and Municipal Construction of the Washington State Department of Transportation. B. 29 CFR 1910 - Occupational Safety and Health Regulations. C. WAC 296 -155, Part N, Excavations, Trenches, and Shoring. Bid Documents Project No. 2145 02200 -1 DIVISION 2 - SITE WORK Section 02200 — Earthwork D. 29 CFR 1926 - Safety and Health Regulations for Construction. 1.04 QUALIFICATIONS A. Contractor shall be responsible for the quality control monitoring and testing activities, except as related to environmental sampling, during construction. The City of Yakima will provide independent testing and inspection service to the satisfaction of the Engineer. Tests conducted for the sole benefit of the Contractor shall be at the Contractor's expense. 1.07 SUBMITTALS A. Submit in accordance with Section 01300. B. Prepare and submit for Owner's approval a Construction Plan that includes details of Contractor's methods and equipment to accomplish the work under this section. C. Prepare and submit to the Owner a list of proposed material suppliers, referencing the materials or supplies to be provided and used in the work. D. Submit location of proposed fill material prior to importing any backfill material to the site: 1. Contractor shall coordinate with the Owner and Environmental Agent and facilitate collection of samples of the clean imported soil material proposed for use as excavation backfill at least 2 weeks in advance of any backfill being delivered to the site. Contractor shall assure the sample(s) are representative of materials to be imported to the site. The Environmental Agent will arrange for testing of the material for total metals using EPA Method 6010, total petroleum hydrocarbons using Method NWTPH -HCID, chlorinated pesticides using EPA Method 8081, and chlorinated herbicides using EPA Method 815 at a rate of two samples for the first 1,000 yd of backfill and one sample for every additional 2,000 yd'. Bid Documents Project No. 2145 02200 -2 A. Personnel engaged in hazardous materials work shall be Hazmat, OSHA, and WISHA certified. Conduct earthwork associated with known or potentially contaminated materials in accordance with Contractor's site - specific Health and Safety Plan prepared in accordance with Section 01350. B. Transportation work shall be performed by properly licensed, insured, and registered ' waste haulers that are acceptable to the Owner. All loads shall be securely covered before leaving the site. 1.05 CONTRACTOR RESPONSIBILITY A. Furnish all labor, equipment, supplies, and materials necessary to perform the earthwork activities associated with the work under this Contract. 1.06 QUALITY ASSURANCE A. Contractor shall be responsible for the quality control monitoring and testing activities, except as related to environmental sampling, during construction. The City of Yakima will provide independent testing and inspection service to the satisfaction of the Engineer. Tests conducted for the sole benefit of the Contractor shall be at the Contractor's expense. 1.07 SUBMITTALS A. Submit in accordance with Section 01300. B. Prepare and submit for Owner's approval a Construction Plan that includes details of Contractor's methods and equipment to accomplish the work under this section. C. Prepare and submit to the Owner a list of proposed material suppliers, referencing the materials or supplies to be provided and used in the work. D. Submit location of proposed fill material prior to importing any backfill material to the site: 1. Contractor shall coordinate with the Owner and Environmental Agent and facilitate collection of samples of the clean imported soil material proposed for use as excavation backfill at least 2 weeks in advance of any backfill being delivered to the site. Contractor shall assure the sample(s) are representative of materials to be imported to the site. The Environmental Agent will arrange for testing of the material for total metals using EPA Method 6010, total petroleum hydrocarbons using Method NWTPH -HCID, chlorinated pesticides using EPA Method 8081, and chlorinated herbicides using EPA Method 815 at a rate of two samples for the first 1,000 yd of backfill and one sample for every additional 2,000 yd'. Bid Documents Project No. 2145 02200 -2 DIVISION 2 - SITE WORK Section 02200 — Earthwork 2. The contractor shall provide certification that the imported fill materials were obtained from a commercial quarry or pit permitted by the State of Washington or other suitable to the Engineer. E. Whenever the source or stockpile from which the imported fill materials are obtained is changed, certificates of compliance and the required laboratory test results from these new sources will also be required at no additional cost to the Owner. F. Exhibit D shows requirements for disposal of material at Terrace Heights Landfill. Costs shown on this Exhibit are subject to change. G. Contractor shall provide legible copies of weight receipts or other documentation certifying the total weight of material transported to and disposed at approved offsite disposal facility within 2 working days of offsite disposal. PART 2 — PRODUCTS 2.01 GENERAL REQUIREMENTS FOR IMPORTED BACKFILL A. Imported fill used for backfilling the excavations shall be an imported, clean, granular fill material free of roots, organic material, contaminants, recycled concrete or asphalt, and all other deleterious and objectionable material. The material shall have such characteristics of size and shape that it will compact readily, and shall conform to WSDOT Section 9- 03.14(1) for gravel borrow, except the maximum particle size in any dimension shall be 6 inches. B. The Owner maintains the right to reject any materials that have been determined to be substandard for any reason. In the event of rejection, it shall be the responsibility of I Contractor to remove all rejected material from the site at its sole expense. C. Contractor shall visually inspect each load of imported material upon delivery. Material shall be inspected for presence of foreign, recycled, or reprocessed material. The Owner or his designated representative may at any time perform an independent inspection. Material may be rejected due to identification of any such material or as a result of substandard test results. Materials may be segregated for testing by the Contractor, the Engineer, the Owner, or their designated representatives based on appearance or odor. D. The Owner reserves the right to perform additional testing as necessary. Tests performed by the Owner will be at no cost to Contractor. Bid Documents Project No. 2145 02200 -3 DIVISION 2 - SITE WORK Section 02200 — Earthwork 2.02 GENERAL REQUIREMENTS FOR CRUSHED SURFACING TOP COURSE A. Crushed Surfacing Top Course used on the project to stabilize a portion of the truck haul route shall meet the requirements of WSDOT Standard Specification 9-03.9(3)-Crushed ur a i 2.03 EQUIPMENT A. Provide all necessary equipment to accomplish the work in this Section, including the excavation, transport, placement, moisture conditioning, backfilling, grading, and compaction of soil. Compaction equipment shall be properly sized and suitable to the type and location of material being compacted and shall be used in the manner needed to achieve the degree of compaction required. PART 3 — EXECUTION 3.01 GENERAL A. Conduct all required earthwork activities in accordance with the requirements of the Contract Documents and as otherwise directed by the Owner to complete the work under this Contract. Coordinate the work with representatives of the Owner to limit adverse effects of the work on Yakima Air Terminal activities. Designated truck traffic routes within the Airport are indicated on the Contract Plans. B. Contractor operations will require work in a potentially hazardous environment. Ensure adequate protection for all personnel including personal air monitoring as necessary, comply with all health and safety requirements of Contractor's site - specific health and safety plan, and perform construction equipment decontamination as specified. For the purpose of estimating costs, modified Level D protection may be assumed for intrusive work associated with excavation and handling of pesticide contaminated soil and debris and other activities with a potential for exposure to contaminated materials. C. Implement site access and traffic control, utility protection, fugitive dust emissions control, drainage and erosion control, spill prevention and pollution control, and all other controls needed to protect environmental quality during the work. 3.02 EXCAVATION SAFETY A. Safety is the sole responsibility of Contractor. Compliance with OSHA, 29 CFR Part 1926, Subpart P and WAC 296 -155, Part N is mandatory. B. Where a sloped excavation infringes on or potentially endangers or compromises an existing site facility or feature, provide temporary shoring, sheeting, and bracing as required to complete the earthwork. At Contractor's expense and to the Owner's satisfaction, repair and make good any damage to any facility or feature caused by Contractor's work under this Contract. Bid Documents Project No. 2145 02200.4 DIVISION 2 - SITE WORK Section 02200 — Earthwork 3.03 UTILITY LOCATOR SURVEY A. Prior to any excavation work on the project, Contractor must call 1- 800 - 424 -5555 to locate public utilities within the project limits. B. Contractor shall also provide the services of a utility locating company to perform a locator survey for all non - public utilities located within the project limits. C. Contractor shall maintain a Locator Survey Plan showing all utilities located and date of survey. 3.03 SURVEYING A. Contractor shall subcontract with an independent professional surveyor licensed in the State of Washington who will be responsible for conducting field surveying and related engineering and reporting associated with quality control surveying, measurement for payment surveys, and construction record surveying and documentation. The responsibilities of Contractor's independent surveyor shall include, but not be limited to, the following: 1. Verification of existing benchmarks and control points established for the work. 2. Establishment of supplemental benchmarks and control points as needed to conduct the work. 3. Initial layout of the work. 4. Soil excavation and backfill progress surveys and reporting. 5. As -built surveys of all completed work. 6. Calculation of construction quantities for Contractor's progress payment requests. 7. Maintenance of the "Project Record" drawings. 8. Preparation of as -built construction record drawings. B. Contractor may utilize project staff, other than the independent surveyor, for carrying out certain day -to -day surveying activities, provided that such activities are coordinated by, and verified by, Contractor's independent surveyor. Contractor's staff involved in surveying activities shall be qualified in such work, and shall be subject to approval by the Owner. C. Survey the location and elevation of soil at the base of excavations, the top of fills, and the top of the final surfacing materials at maximum 25 ft intervals. D. Survey the location and elevation of all performance and confirmation sampling locations performed by the Environmental Agent. E. Contractor's independent surveyor shall be responsible for calculation of all measured pay quantities. Quantity calculations shall be completed in accordance with Section 01270. 3.04 SITE CLEARING Bid Documents Project No. 2145 02200 -5 ' DIVISION 2 - SITE WORK Section 02200 — Earthwork A: Perform clearing within the limits of the Project as indicated on the Drawings. The work includes the clearing of vegetation, brush, and debris. Clearing shall be coordinated with the Environmental Agent to avoid impacts to site markings. 3.05 EXISTING PAVEMENT AND CATCHBASIN REMOVAL A. Remove pavement as indicated on the Drawings in a manner that minimizes disturbance to the underlying soil and surrounding pavement. ' B. During soil excavation work, carefully remove the catch basin/sump if encountered within the excavation limits and the section of storm drain piping that crosses the excavation area. 3.06 IMPACTED SOIL EXCAVATION AND STOCKPILING rA. Excavate impacted soil within the excavation areas as indicated on the Drawings and as modified by the Environmental Agent based on confirmation sampling results. Contractor shall provide aid and support to Environmental Agent, as necessary, to collect ' confirmation samples from base and sidewalls of excavation. Based on confirmation sampling results, the Environmental Agent will instruct the Contractor, as necessary, to ' make incremental increases in depth or horizontal extent of soil excavation. Contractor shall coordinate with Environmental Agent and sequence and schedule excavation and backfilling work in order to allow for laboratory analysis turnaround time as discussed in Article 3.10. The depth of impacted soil will vary within the excavation area, but is ' generally anticipated to be less than about 6 ft deep. B. Construct temporary material processing/stockpile areas at locations within the work area at locations approved by the Owner. Line, berm, and cover material processing/stockpile areas as necessary to protect the environment and prevent the spread of impacted soil and debris during material handling activities. C. Segregate impacted soil and debris; size reduce the debris as needed for proper transportation and disposal; and stockpile and protect these materials in separate stockpiles until loaded for offsite disposal. D. Drain the excavated soil and/or mix wet soil with drier soil if needed to control free liquids in the material loaded for offsite disposal. 3.07 IMPACTED SOIL LOADING AND TRANSPORT TO DISPOSAL FACILITY t A. Contractor shall provide minimum 48 -hour notice to approved disposal facility prior to hauling. 1 B. Load and transport impacted soil to the Terrace Heights Landfill, unless otherwise designated by the Owner. ALL LOADS SHALL BE SECURELY COVERED PRIOR TO LEAVING THE SITE. Contractor has complete responsibility for coordinating with the disposal facility concerning disposal schedules and anticipated wait times. The Owner is not responsible for any delays caused by the disposal facility. Bid Documents Project No. 2145 02200 -6 DIVISION 2 - SITE WORK Section 02200 — Earthwork C. Contractor shall load trucks in a manner to avoid contamination of truck exterior. Trucks shall stay on paved surfaces to the extent practicable and shall not go into the impacted soil excavation. Before traveling off site, decontaminate the exterior of all trucks and wheels where impacted soil is visible. Contractor shall manage and dispose of any wash water generated during decontamination. 1 D. Provide legible copies of certified weight receipts or other documentation certifying the When necessary to achieve compaction, add water to raise the moisture content of dry total weight of material transported to and disposed of at the approved facility. ' 3.08 DEBRIS LOADING AND TRANSPORT TO DISPOSAL FACILITY 3.10 BACKFILLING A. Load, transport, and recycle /dispose of existing asphalt pavement, catch basin/sump, and ' piping at the Terrace Heights Landfill or other approved facility. Contractor shall confirm and adhere to asphalt disposal restrictions at the approved facility (e.g., asphalt the excavations. As indicated in Article 3.06, the Environmental Agent will collect less than 5 years of age may not be disposed at the Terrace Heights Landfill). Contractor has complete responsibility for coordinating with the disposal facility concerning disposal schedules and anticipated wait times. The Owner is not responsible for any delays caused by the disposal facility. ' B. Provide legible copies of certified weight receipts or other documentation certifying the total weight of material transported to and disposed at the approved facility. , 3.09 MOISTURE CONDITIONING AND REWORKING OF BACKFILL MATERIAL A. Fill materials that contain excess moisture or otherwise can not be readily compacted ' shall be moisture conditioned and reworked until the specified compaction criteria can be achieved. Moisture conditioning and reworking of such material shall be conducted in a manner approved by the Environmental Agent. All such moisture conditioning and ' reworking of fill materials shall be the responsibility of Contractor at its sole expense. B. When necessary to achieve compaction, add water to raise the moisture content of dry materials to near its optimum moisture content as determined by ASTM D 1557. 3.10 BACKFILLING AND COMPACTION ' A. Obtain the approval of the Environmental Agent prior to placing any backfill materials in the excavations. As indicated in Article 3.06, the Environmental Agent will collect confirmation soil samples from various locations in the excavation and the samples will be analyzed at an offsite analytical laboratory on a rush turnaround basis during the work week. Contractor shall anticipate that analytical results may not be available for at least 72 hours, excluding weekends, and plan its earthwork activities accordingly. ' B. Excavation Backfill: Imported fill material used as excavation backfill shall be moisture conditioned to near its optimum moisture content, placed in layers not exceeding 8 inches loose depth, and compacted to at least 95 percent of its maximum dry density as determined by ASTM D 1557. Material exhibiting instability, including significant pumping or rutting, during placement and compaction shall be removed, reconditioned, and reworked as needed regardless of the density test results. ' Bid Documents Project No. 2145 02200 -7 ' DIVISION 2 - SITE WORK ' Section 02200 — Earthwork ' 3.11 GRADING A. Conduct site grading and seeding consistent with Contract Plans and as otherwise directed by the Engineer. be free from irregular B. Finish graded surfaces shall smooth and surface changes. ' 3.11 FILL COMPACTION QUALITY CONTROL A. General: Contractor shall be responsible for the quality control monitoring and testing ' activities that are required by the Contract Documents. B. Moisture /Density Testing and Reporting: Perform moisture content and density testing of fill and backfill materials at a minimum frequency of one test per 200 yd of material ' placed, unless otherwise approved by the Environmental Agent. Record the following for each test: 1. The location and approximate elevation. 2. The material description and appropriate compaction control standard. 3. The percent of the referenced compaction standard. 4. The date, time, weather conditions, and any other pertinent data. ' 3.12 CLEANUP A. At the completion of the work, remove all waste materials, rubbish, and debris resulting ' from the Work, as well as all tools, appliances, construction equipment and machinery, and surplus materials. Temporary utility services provided or arranged for by Contractor shall be terminated in accordance with the procedures and policies of the utility purveyor. Leave the site clean and ready for use by the Yakima Air Terminal at Substantial Completion of the work. Unless otherwise approved by the Owner, restore to original condition all property not designated for alteration by the Contract Documents. ' PART 4 — MEASUREMENT AND PAYMENT A. See Section 1270 — Measurement and Payment END OF SECTION Bid Documents Project No. 2145 02200 -8 EXHIBIT A I Consent Decree I L n t 1 1 1 1 1 1 li I, 21 3i I 4 5i 6 7 8 -9 10 11. 12 '13 14 15- 16 17 18 19 20 21 22 23 24 25 26 cONFORM AND RE TURN. DEC 2 6 2008 STATE OF-WASHINGTON YAKIiMA COUNTY SUPERIOR COURT STATE DEPARTMENT OF ECOLOGY, NO. 03 2 n 4 6'3 1 Plaintiff, CONSENT DECREE V. " CITY OF YAKIMA, COUNTY OF YAKIMA, Defendants: TABLE-OF CONTENTS I. INTRODUCTION ......................................................................... ............................... 3 II. JURISDICTION ............................................................................ ............................... 4 III. PARTIES BOUND ........................................................................ ............................... 5 IV. DEFINITIONS .............................................................................. ............................... 5 V. FINDINGS OF FACTS .................... VI. WORK TO BE PERFORMED ...................................................... ............................... 9 VII. DESIGNATED PROJECT COORDINATORS .......................... ............................... 11 VIII. PERFORMANCE .......................................................................... ........:....................12 IX. ACCESS ...................................................................................... ............................... 12 X. SAMPLING, DATA SUBMITTAL, AND AVAILABILITY .... ............................... 13 XI. PROGRESS REPORTS .............................................................. ............................... 14 XII. RETENTION OF RECORDS ..................................................... ............................... 15 XIII. TRANSFER OF INTEREST IN PROPERTY ............................ ............................... 15 XIV. RESOLUTION OF DISPUTES .................................................. ............................... 15 XV. AMENDMENT OF DECREE ..................................................... ............................... 17 XVI. EXTENSION OF SCHEDULE ................................................... ............................... 18 CONSENT DECREE I ATTORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40117 Olympia, WA 98504 -0117 (360) 586 -6770 11 21 3� 41 5 6 7i 8 9. 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 XVII. ENDANGERMENT ...................................................................... .............................19 XVIII. COVENANT NOT TO SUE ....................................................... ............................... 20 XIX. CONTRIBUTION PROTECTION ............................................. ............................... 22 XX. LAND USE RESTRICTIONS .................................................... ............................... 22 XXI. FINANCIAL ASSURANCES ..................................................... ............................... 22 XXII. INDEMNIFICATION ................................................................. ............................... 23 XXIII. COMPLIANCE WITH APPLICABLE LAWS .....:.......... .....:.:.....1...:...:......... XXIV. REMEDIAL ACTION COSTS... ....................................... 25 XXV, IMPLEMENTATION OF REMEDIAL ACTION.--_: ......... : ..................... ............. : 25 XXVI. PERIODIC-REVIEW :............................%..................................... ............................... 26 XXVII. PUBLIC PARTICIPATI. ON ...... ....................................... . .................................... ........ 26 XXVIII.DURATION .........:.................... ................:.....:........ OF DECREE ...............:........... ..: 27 XXIX, CLAIMS AGAINST THE STATE .:..... .. ............ ::................. XXX: EFFECTIVE DAT E .................. : .......... . ................. : ............ : .................. . .................. :.. 28' XXXI.. WITHDRAWAL OF CONSENT ........................:....................... .................::....I....... 28 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D' EXHIBIT E. CONSENT DECREE Cleanup Action Plan Site --Diagrams Scope of Work and Implementation Schedule Public participation Plan' Ground Water Sampling Data Submittal Requirements. i ATTORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40117 Olympia, WA 48504 -0117 (360) 536 -6770 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 I. INTRODUCTION 2 A. The mutual objective of the State of Washington, Department of Ecology 3 (Ecology) and the Defendants (City of Yakima and the County of Yakima) under this Decree is 4 to provide for remedial action at a facility where there has been a release or threatened release 5 of hazardous substances. This Decree requires Defendants to develop a Cleanup Action Plan 6 (CAP) (attached as Exhibit A). and. then implement that Plan to remediate the contaminated 7 soils in the "washdown area "' of Richardson Airways. As more'fully described in the CAP; this 8 Decree requires the Defendants to. excavate and remove the contaminated soils at the Yakima. 9 Air Terminal .(kichardson ' Airways, Inc.).' Documentation of- the remediation shall be 10 submitted to Ecology in a completion report. 11 ' ..Ecology has determined that these actions. are necessary to' protect human health and - 12 the environment. 13.' B. The Complaint in this action. is being filed simultaneously with this Decree. An 14 Answer has not been filed, and there has not been a trial on any issue of fact or law in this .case. 13' ' However, the Parties wish to resolve the issues raised ' by -Ecology's Complaint.. In addition, . 16 the Parties agree that settlement of these matters without litigation i -s reasonable and in the 17 public interest, and that entry of this Decree is the most appropriate means of resolving these 18 matters. 19 C. Ecology entered into a prior Consent Decree with the City of Yakima, Yakima 20 County and Ralph Richardson, which was filed in Yakima County Superior Court under cause 21 number 97 -2- 01092 -5 ( "the Prior Consent Decree "). The City of Yakima, County of Yakima 22 and Ecology will jointly move to dismiss the Prior Consent Decree only against Defendants 23 City of Yakima and County of Yakima. The dismissal of City of Yakima and the County of 24 Yakima under the Prior Consent Decree will not apply to Ralph Richardson. Any monitoring 25 or operation and maintenance work not completed by the City of Yakima and County of 26 Yakima under the Prior Consent Decree will be addressed in the Cleanup Action Plan to this CONSENT DECREE 3 ATTORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40117 Olympia, WA 98504 -0117 (360) 586 -6770 I Decree. This Consent Decree will supersede the prior Agreed Order made between Ecology, 2 Richardson Airways, Inc. and the Yakima Air Terminal (DE 91TC- C455). 3 D. By signing this Decree, the Parties agree to its entry and agree to be bound by 4 its terms. 5 E. By entering into this Decree,-the Parties do not intend to discharge iron- settling . 6. parties from any.liability they may have with respect to matters alleged in the Complaint. The 7 Parties retain the right to seek reimbursement, in whole or in part; from any liable persons for 8 sums expended under this Decree. 9 F. This Decree shall not be construed as proof of liability or responsibility for any 10 releases of hazardous substances or cost for remedial action nor an admission of any facts; 11 provided, however, that."Defendants shall not challenge the authority of -the - Attorney General 12 and Ecology 'to enforce this.Decree. : 13' G. The Court'is. fully advised of "the reasons for' entry of this Decree, and good 14. cause having been shown: " 1'S Now, therefore, it is HEREBY ORDERED, ADJUDGED, AND. DECREED as fol16ws:. 16 H. JURISDICTION 17 A. This Court has jurisdiction over the subject matter and over the Parties pursuant 18 to the Model Toxics Control Act (MTCA), Chapter 70.105D RCW. 19 B. Authority is conferred upon the Washington State Attorney General by RCW 20 70.105D.040(4)(a) to agree to a settlement with any potentially liable person (PLP) if, after 21 public notice and any required hearing, Ecology finds the proposed settlement would lead to a 22 more expeditious cleanup of hazardous substances. RCW 70.105D.040(4)(b) requires that 23 such a settlement be entered as a Consent Decree issued by a court of competent jurisdiction. 24 C. Ecology has determined that a release or threatened release of hazardous 25 substances has occurred at the Site that is the subject of this Decree. 26 CONSENT DECREE 4 AITORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40117 Olympia, WA 98 504-01 17 (360) 586.6770 1 1 2 3 4 5 6 8 9 10 11 -12 13 14 15' 16 17 18 19 20 21 22 23 24 25 26 D. Ecology has given notice to Defendants of Ecology's determination that Defendants are PLPs for the Site, as required by RCW 70.105D.020(21) and WAC 173- 340 -500. E. The actions to. be taken pursuant to this Decree are necessary to protect public health -and the environment. F. This Decree has been subject to public notice and comment. . G. Ecology finds that this Decree will •lead to a more expeditious cleanup of hazardous substances at the- Site in compliance with the cleanup standards established under RCW 70.105.D.030(2)(e) and Chapter 173 -340 WAC. H. Defendants have agreed to undertake the actions specified in this Decree and consents to the entry of this Decree under MTCA. III.. PARTIES BOUND. files Decree shall apply to _and..be binding upon the Parties to this Decree; their .successors and assigns. The undersigned•representative of each party.he.reby certifies.thathe ar she is: fully: authorized to' into this Decree and to execute and legally bind such party'to comply with this Decree. Defendatrts-agree to undertake all actions required by the terms and conditions of this Decree. No change in ownership or corporate status shall alter Defendants' responsibility under this Decree. Defendants shall provide a copy of this Decree to all agents, contractors, and subcontractors retained to perform work required by this Decree, and shall ensure that all work undertaken by such agents, contractors, and subcontractors complies with this Decree. IV. DEFINITIONS Unless otherwise specified herein, all definitions in RCW 70.105D•020 and WAC 173 -340 -200 shall control the meanings of the terns in this Decree. CONSENT DECREE 5 ArFokNEY GENERAL OF WASHINGTON Fcology Division 1'U Box 40117 Olympia, WA 98504 -0117 (360)586.6770 I A. Site: The Site is referred to as the "washdown area" at Richardson Airways. It 2 is located near the southeast corner of the Yakima Air Terminal property adjacent to the 3 north/south taxiway of Runway No. 34. Specifically, the Site location is defined as: 4 Commencing at the Northwest .corner of Section 2, T. 12N., R. 18E:, W.M. 5 Thence S 89° 53'29" E along line of the Northwest quarter of said section 'a 6 distance of 2013.08 feet; thence 00 °25'05" E. a distance of 1531.05 feet to a point. 7 in, the North -South fence line West of the North -South Runway, said point being 8 the True Point of Beginning. Thence N 00 °25'05" W along said fence line, and-' 9 the extension thereof a distance of 186.27 feet, thence N 89 °02'42" E a distance 10 of 62.17 feet, 11. Thence N 03 °01'46" E--a distance of 77.20 feet, 12 Thence S 88 °54'21" E a distance of 27.33 feet, - 13 'Thence S 03 °42'46", E 6-distance of 263.63 feet, 14 Thence S 89134'55 W a distance of 10918_feet, Is. . to the point of the begirming. 16 The Site is more particularly -illustrated in Exhibit B - to this Decree, which are the Site 17 Diagrams. The Site constitutes a Facility under RCW 70.105D.020(5). 18 B. Parties: Refers to the State of Washington, Department of Ecology, and the 19 City of Yakima and the County of Yakima. 20 C. Defendants: Refers to the City of Yakima and the County of Yakima. 21 D. Consent Decree or Decree: Refers to this Consent Decree and each of the 22 exhibits to this Decree. All exhibits are integral and enforceable parts of this Consent Decree. 23 The terms "Consent Decree" or "Decree" shall include all exhibits and figures to this Consent 24 Decree, 25 26 CONSENT DECREE 6 ATTORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40117 Olyinpia, WA 98504 -0117 (360)536.6770 t t 1 I V. FINDINGS OF FACTS 2 Ecology makes the following findings of fact without any express or implied 3 admissions of such facts by Defendants. 4 A. The City of Yakima and the County of Yakima are co- owners of the Yakima 5 Air Tenninal property where the Facility is located. The Facility name is Richardson Airways. ' 6 B. The Site is listed on the Department of Ecology's Hazardous Sites List as ' 7 "Richardson Airways" with the Facility Site ID' No. 442. The. Site 1- 3azard.Assessment ranking 8 for this Site is 2=, ' 9 : C. Fr9m approximately. 1953 to 1992, Mr. Ralph Richardson leased approximately. 1.0 157,000 square feet of Yakima Airport property. Mr. Richardson operated Richardson ' 11 Airways, 'Tnc., an aerial pesticide applicator service, on the Site for approximately 38 years 12 .between 1954 and' 1992.. Operations at�the facility include filling an applicator airplane spray ' 13 tank with pesticide solution, then upon: completion of aerial 'spraying washing, cleaning aft&or. . 14 iin"sing'khe" airplane tank at the " washdown site.' This site was a •small area of the lease ' 15 (17,000•sq. ft.).' Waste 'ewater from. =the cleanng' procedure was allowed"to seep into-the. .16 surrounding soils and drain into nearby catch basins. ' 17 D. Surface soil samples were taken and analyzed from the washdown area in 1989 18 by Technico & Enviro Services Co. Organochlorine pesticides were found in the soil in the ' 19 "washdown area ". The following pesticides found in soil samples exceeded MTCA Method B ' 20 soil cleanup levels protective of groundwater (WAC 173- 340- 740(3)(a)(ii)(A)): 21 • Aldrin ' 22 • Chlordane 23 • DDT 24 • Dieldrin 25 Technico & Enviro Services also found the herbicide 2,4 -D at concentrations above Method B ' 26 protective of groundwater. CONSENT DECREE 7 ATTORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40117 Olympia, WA 9850"117 (360) 586 -6770 I E. In January of 1992, Ecology, Richardson Airways, Inc. and Yakima Air 2 Terminal entered into an Agreed Order (DE 91 TC- C455). The Yakima Air Terminal is co- 3 owned by the City of Yakima and the County of Yakima. This Agreed Order required a RI /FS 4 be conducted of the soil in or near the "washdown area" and "burn pit ", and that a RI /FS work 5 plan and report and Health and Safety plan be submitted to Ecology. The Filial RI /FS Work 6 Plan was submitted on October 5, 1992, and was, accepted by Ecology. 7 F. A Remedial Investigation/Feasibility Study (RI /FS) was conducted from 1992 8 to 1903 in and adjacent to the "washdown area" by CH2MHill. The RI soil samples found 9 numerous pesticides and herbicides in the soil to a depth of ten and one -half feet. CH2M -Hill 10 found the chlorinated herbicide dinoseb at a concentration above Method B protective of 11 groundwater. The following pesticides found in the soil samples exceeded' MTCA Method B 12 soil cleanup levels protective of groundwater (WAC 173 - 340- 740(3)(.a)(ii)(AD' -13 • Aldrin 1.4' DDD 1.5 . DDT 1.6 Dieldrin 17 • Endosulfan I (alpha) 18 Endosulfan II (beta) 19 Endosulfan Sulfate 20 • Endrin 21 Endrin Aldehyde 22 • Endrin Ketone 23 G. During the RI, four groundwater monitoring wells were installed in and adjacent 24 to the "washdown area ". Three more groundwater monitoring wells were installed at the "burn 25 pit ". All seven wells were sampled in 1992. Analyses found no groundwater pesticide or 26 herbicide contamination attributable to the "washdown area" or the "burn pit ". Additional CONSENT DECREE 8 ATI'ORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40 1 17 Olympia, WA 98504-0117 (360) 536 -6770 7 I groundwater samples were taken in 1994 and 1995. Those analyses found no groundwater 2 pesticide or herbicide contamination attributable to the "washdown area ". 3 H. On October 17, 1994, Ecology issued an Enforcement Order to Richardson 4 Airways, Inc. and Yakima Air Terminal (DE 94- TCC437). This Enforcement Order required 5• Richardson Airways, Inc.-and Yakima, Air Ten•ninal to hire a consultant, submit to Ecology a 6 Cleanup Action Plan, implement the Cleanup Action Plan, and to submit. progress reports and 7 laboratory results to Ecology. Ecology rescinded this Enforcement Order by letter on October -8 • 18, 1994. 9 I. In May of 1997, Ecology, the City of Yakima, County of Yakima and Ralph 10 Richardson entered into a Consent decree (97 -2- 01092 -5). The Consent Decree required that a 11 Restrictive Covenant be placed on the "washdown area" arid'thie installation and sampling of 12 five new groundwater .monitoring. wells.. A Restrictive Covenant was placed on the property 13, title for the " washdown area" on March 26, 1998. The Covenant placed property, and '14 groundwater use constraints on the ` '.washdown area'. Five new monitoring. wells were .15 -installed in 1997. The-seven 1992•RFFS wells and the five 1997 Consent Decree wells were= 16 sampled from September 9; 1997 to January 3; 2001. Analyses found* no- groundwater 17 pesticide or herbicide contamination attributable to the "washdown area" at Richardson 18 Airways. 19 J. By letter of June 9, 2003, Ecology gave the Yakima Air Terminal permission to 20 remove three groundwater wells surrounding the "burn pit". Instead, the contractor removed 21 all twelve Site monitoring welts. 22 VI. WORK TO BE PERFORMED 23 This Decree contains a program, a total removal action of pesticide and herbicide 24 contaminated soils, designed to protect human health and the environment from the known 25 release, or threatened release, of hazardous substances or contaminants at, on, or from the Site. 26 CONSENT DECREE 9 ATI.ORNrY GENERAL OF WAS14INGTON Ecology Division PO Box 40117 Olympia, WA 98504 -0117 (360) 586 -6770 I A. Yakima County and the City of Yakima shall submit a Draft Cleanup Action 2 Plan (D -CAP) and Draft Work Plan for Ecology review and comment. The D -CAP and Draft 3 Work Plan shall address and implement the removal action of contaminated soils from the 4 "washdown area" at Richardson Airways. The Draft Work Plan shall include a Health and 5 Safety Plan for Ecology's review, and a soil Confirmation Sampling Plan for Ecology's review 6 and approval. 7 B. Yakima County and the City of Yakima shall submit a Final Cleanup Action. 8 Plan (CAP) and Final Work Plan that incorporates Ecology's. written comments. from the draft 9 submittal. 10 C. The Defendants shall implement the Work Plan by excavating contaminated I'1 soils above MTCA.-Method B Levels which are protective of groundwater from the 12 "washdown, area" and by transporting Them to - an accepting permitted landfill. _Maximum 1.3 'excavation shall be timed 'to occur as evidenced by low annual groundwater elevation levels in 14 nearby wells: All'transported contaminated soil loads shall be covered. 15 D. The two catch basins on the periphery of the "washdown area "'shall 'be cleaned, 16 or removed and disposed of with the other contaminated soils. 17 E. The Defendants shall confirm the `clean' Site status from analyses of soil 18 confirmation samples from the excavation. Analyses shall be for all pesticides and herbicides 19 identified in Section V(D) and (F). 20 F. When soil confirmation analyses indicate that excavation of contaminated soils 21 that exceed MTCA Method B protective of groundwater is achieved, the excavation shall be 22 filled with clean fill, graded, and compacted to the satisfaction of the Yakima Air Terminal. 23 G. When soil confirmation analyses confirm that all contaminated soil above 24 MTCA Method B protective of groundwater has been removed, the March 26, 1998, 25 Restrictive Covenant may be removed from the property title. 26 CONSENT DECREE 10 ATTORNEY GENERAL OF WASHINGTON , Ecology Division PO Box 40117 Olympia, WA 98 504 -01 17 (360)5W6770 I H. After fieldwork is completed, three copies of a Final Remediation Report shall 2 be submitted to Ecology. 3 1. Defendants agree not to perform any remedial actions outside the scope of this 4 Decree unless bath Parties agree to modify the Work Plan or the Implementation Schedule 5 (Exhibit A) to cover these actions. All work conducted by Defendants under this Decree shall 6 be done in accordance with Chapter 173 -340 WAC unless otherwise provided herein. 7 VII. DESIGNATED PROJECT COORDINATORS 8 The project coordinator for Ecology is: .9 Mr. Richard Bassett 15 W. Yakima Avenue, Suite 200 10 Yakima, WA 98902 -3452 .(509)454 -:7839 , 1 (fax) 509/575 -2809 email: rbas4610,ecv.wa.gov 12 13 The project "coordinators for Defendants City of Yakima and'Yakima County are: 14 Dave Zabell . Doug Mayo Assistant City. Manager City; Engineer 15 'City of Yakima City of Yakima- . . 129 N. 2d St. 129 N. 2d St. 16 Yakima; WA 98901 Yakima, WA 98901 17 Telephone: (509) 575 -6040 (509) 576 -6678 and 18 Lawrence Watters 19 Senior Assistant City Attorney City of Yakima 20 200 S. Third St. Yakima, WA 98901 21 Telephone: (509) 575 -6030 22 Each project coordinator shall be responsible for overseeing the implementation of this 23 Decree. Ecology's project coordinator will be Ecology's designated representative for the Site. 24 To the maximum extent possible, communications between Ecology and Defendants and all 25 documents, including reports, approvals, and other correspondence concerning the activities 26 performed pursuant to the terms and conditions of this Decree shall be directed through the CONSENT DECREE I 1 ATTORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40117 Olympia, WA 98504 -0117 (360) 586 -6770 I project coordinators. The project coordinators may designate, in writing, working level staff 2 contacts for all or portions of the implementation of the work to be performed required by this ' 3 Decree. 4 Any party may change its respective project coordinator. Written notification shall be ' 5 'given to the other party at least ten (10) calendar days prior to the change. 6 VIII.. PERFORMANCE -7 All geologic and hydrogeologic work performed pursuant to this Decree shall be under 8 the supervision. and direction of a geologist licensed in the State of Washington or under the, 9 direct 'supervision of a professional engineer registered in the State of Washington, except as otherwise provided for by Chapters 18.220 and 18.43 RCW. 1 0 All engineering. work performed pursuant to this Decree shall be under. the direct ' supervision of .a professional engineer registered -in the State of Washington, except as 12 otherwise provided for by RCW 18:43.130. 13 All construction work performed pursuant to this. Decree shall be- under the direct - 14 supervision-of a professional engineer or a qualified technician under the direct supervision of 15 a professional engineer. The professional engineer must be registered in the State of ' .16 Washington; except'as otherwise provided for by RCW 18.43.130. 17 Any documents submitted containing geologic, hydrologic or engineering work shall be ' 18 under the seal of an appropriately licensed professional as required by Chapter 18.220 RCW or 19 RCW 18.43.130. ' 20 Defendants shall notify Ecology in writing of the identity of any engineer(s) and 21 geologist(s), contractor(s) and subcontractor(s), and others to be used in carrying out the teens ' of this Decree, in advance of their involvement at the Site. 22 IX. ACCESS 23 Ecology or any Ecology authorized representative shall have full authority to enter and 24 freely move about all property at the Site that Defendants either own, control, or have access 25 26 rights to at all reasonable tunes for the purposes of, inter alia: inspecting records, operation ' CONSENT DECREE 12 ATTORNEY GENERAL OF WASHINGTON Ecology Division 110 Box 40117 , Olympia, WA 985D4 -0117 (360) 586 -6770 y - I logs, and contracts related to the work being performed pursuant to this Decree; reviewing 2 Defendants' progress in carrying out the terms of this Decree; conducting such tests or 3 collecting such samples as Ecology may deem necessary; using a camera, sound recording, or t4 other documentary type equipment to record work done pursuant to this Decree; and verifying 5 the data submitted to Ecology by Defendants. Defendants shalt make all reasonable efforts to 6 secure access rights for those properties within the Site not owned or controlled by Defendants ' 7 where'remedial activities or investigations will be performed pursuant to this Decree. Ecology 8 '.or any Ecology authorized representative shall' give reasonable notice before entering any Site ' 9 property owned or controlled by Defendants unless an emergency prevents such notice. All 10 Parties who access the Site pursuant to this Section shall be subject to compliance with all ' 1 i rules, regulations and standards of the Transportation Safety Administration (TSA), Federal 12 Aviation. Administration (FAA), Homeland. Security,, the Yakima Air Terminal, the City and- ' 13 'County of Yakima,. including all applicable police, fire and'public safety regulations. Ecology 14 employees and their representatives shall not be required to sign any.liabU.ty release or waiver 15 as a condition of Site property access. 16 X. SAMPLING DATA SUBMITTAL AND AVAILABILITY 17 With respect to the implementation of this Decree, Defendants shall make the results of 18 all sampling, laboratory reports, and /or test results generated by it or on its behalf available to 19 Ecology. Pursuant to WAC 173- 340 - 840(5), all sampling data shall be submitted to Ecology 20 in both printed and electronic formats in accordance with Section XI (Progress Reports), 21 Ecology's Toxics Cleanup Program Policy 840 (Data Submittal Requirements), and /or any 22 subsequent procedures specified by Ecology for data submittal. 23 If requested by Ecology, Defendants shall allow Ecology and /or its authorized 24 representative to take split or duplicate samples of any samples collected by Defendants 25 pursuant to the implementation of this Decree. Defendants shall notify Ecology seven (7) days 26 in advance of any sample collection or work activity at the Site. Ecology shall, upon request, CONSENT DECREE 13 ATTORNEY GENERAL OF WASHINGTON Ecology Division PO Box 4D117 Olympia, WA 98504 -0117 (360) 586 -6770 I allow Defendants and /or its authorized representative to take split or duplicate samples of any 2 samples collected by Ecology pursuant to the implementation of this Decree, provided that 3 doing so does not interfere with Ecology's sampling. Without limitation on Ecology's rights 4 under Section IX (Access), Ecology shall notify Defendants prior to any sample collection 5 activity unless an emergency prevents such notice: 6 In. accordance with WAC .173- 340- 830(2)(a), all hazardous substance analyses shall be 7 . conducted by a: laboratory accredited under Chapter 173 =50 WAC for the specific analyses to 8 be conducted, unless otherwise approved by Ecology. 9 XI. PROGRESS REPORTS 10 Defendants shall submit to Ecology written monthly Progress Reports that describe the 11 actions taken during-the previous month to implement the requirements of this Decree. The 12 Progress Reports shall. include the.following: 13 A. A list of on- site'activities that have taken place during the month;. 14 B.: .Detailed. description of any deviations. from required tasks not. otherwise" 15 documented in.project plans or amendmeht requests; 16 C. Description bf all deviations from the-Final Wbrk Plan and Schedule, required 17 in Section VI (Work to be Performed), during the current month and any planned deviations in 18 the upcoming month; 19 D. For any deviations in the schedule, a plan for recovering lost time and 20 maintaining compliance with the schedule; 21 E. All raw data (including laboratory analyses) received by Defendants during tine 22 past month and an identification of the source of the sample; and 23 F. A list of deliverables for the upcoming month if different from the schedule. 24 All Progress Reports shall be submitted by the tenth (10 "i) day of the month in which 25 they are due after the effective date of this Decree. Unless otherwise specified, Progress 26 CONSENT DECREE 14 ATTORNEY GFNERAL OF WASHINGTON Fcology Division I'O Box 40117 Olympia, WA 98504-0117 (360) 586 -6770 f'' 1 2 3 4 5 6 7. 8 9 10 . 11� T2' 13 1;4- 15 16 17 18 19 20 21 22 23 24 25 26 Reports and any other documents submitted pursuant to this Decree shall be sent by certified mail, return receipt requested, to Ecology's project coordinator. XII. RETENTION OF RECORDS During the pendency of this Decree, and for ten (10) years from the date this Decree is no, longer in effect as provided in' Section XXVIII (Duration of Decree), Defendants shall preserve all records, reports, documents, and underlying data in its possession relevant to the implementation of this Decree and shall insert a similar record retention-requirement into all contracts -with -project contractors and subcontractors. Upon request of Ecology, Defendants shall- make all records available to * Ecology and allow access for review within a reasonable time. XIII. TRANSFER.OF INTEREST IN PROPERTY No voluntary' conveyance or relinquishment -of' title, easement, leasehold, 'or.- other interest in any portion of the Site shall be consumm ed by Deiendants without provision for continued operation and maintenance of any..containmerit system;: trat ement: system, and/or monitoring system installed or implemented pursuant to this Decree. -Prior to .a Defendant's transfer of any ,interest in all or any portion of the Site, and during the effective period of this Decree; said Defendant shall provide a copy of this Decree to any prospective purchaser, lessee, transferee, assignee, or other successor in said interest; and, at least thirty (30) days prior to any transfer, Defendant shall notify Ecology of said transfer. Upon transfer of any interest, said Defendant shalt restrict uses and activities to those consistent with this Consent Decree and notify all transferees of the restrictions on the use of the property. , XIV. RESOLUTION OF DISPUTES A. In the event a dispute arises as to an approval, disapproval, proposed change, or other decision or action by Ecology's project coordinator, or an itemized billing statement CONSENT DECREE 15 ATTORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40117 Olympia, WA 98504 -0117 (360) 586 -6770 I under Section XXIV (Remedial Action Costs), the Parties shall utilize the dispute resolution 2 procedure set forth below. 3 1. Upon receipt of Ecology's project coordinator's written decision, or the 4 itemized billing statement, Defendants have fourteen (14) days within which to notify 5 Ecology's project coordinator in writing of its objection to-the decision or itemized 6 statement. 7 2. The Parties' project coordinators shall then confer in an effort to resolve 8 the dispute: ff -the project coordinators cannot resolve the dispute within fourteen (14) 9 days, Ecology's project coordinator shall issue a written decision. 10 3. Defendants may then request regional management review of the 11' decision. This . request shall be submitted in writing to. the Central R6gion Toxics 12 Cleanup Program Section Manager within seven (7) -days of receipt of Ecology's 13 project coordinator's written decision. -14' 4:.. 'Ecology's Regional Section. Manager shall conduct a review of the 15 dispute land shall endeavor to issue a written decision regarding.the dispute within thirty 16 :(30) days of a Defendant's request for review. 17 5. If a Defendant finds Ecology's Regional Section Manager's decision 18 unacceptable, Defendants may then request final management review of the decision. 19 This request shall be submitted in writing to the Toxics Cleanup Program Manager 20 within seven (7) days of receipt of the Regional Section Manager's decision. 21 6. Ecology's Toxics Cleanup Program Manager shall conduct a review of 22 the dispute and shall endeavor to issue a written decision regarding the dispute within 23 thirty (30) days of Defendant's request for review of the Regional Section Manager's 24 decision. The Toxics Cleanup Program Manager's decision shall be Ecology's final 25 decision on the disputed matter. 26 CONSENT DECREE 16 ATTORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40117 Olympia, WA 98504.0117 (360) 586 -6770 r, 7— .J CONSENT DECREE 17 ATTORNEY GENERAL OF WASHINGTON Ecology Division ' PO Box 40117 Olympia, WA 98504 -0117 (360) 586 -6770 1 B. If Ecology's final written decision is unacceptable to Defendants, Defendants ' 2 have the right to submit the dispute to the Court for resolution. The Parties agree that one 3 judge should retain jurisdiction over this case and shall, as necessary, resolve any dispute 4 arising under this Decree. In the event Defendants present an issue to the Court for review, the 5 Court shall review the action or decision of Ecology on the basis of whether such action or 6 decision was arbitrary and capricious and render a decision based on such standard of review. ' 7 C. The "Parties agree to only utilize the dispute•resolutiori process in good faith and 'whenever 8 agree to expedite; to the extent possible, the dispute .resolution process it is used. ' 9 Where either party utilizes the dispute resolution process in bad faith -or for purposes of delay, 10 the other party may seek sanctions. ' 11 D. Implementation of these'dispute resolution procedures shall not provide a basis 12 -.for delay of any activities required in this Decree; unless Ecology agrees in writing, to a, ' 13 schedule- extension or the Court so—orders. 14 XV. AMENDMENT -OF DECREE ' 15 The project coordinators may agree- to minor changes to 'the work to be performed -16 without formally amending this Decree. - - Minor 'changes •will- be documented irr writing by ' 17 Ecology. 18 Substantial changes to the work to be performed shall require formal amendment of this 19 Decree. This Decree may only be formally amended by a written stipulation among the Parties 20 that is entered by the Court, or by order of the Court. Such amendment shall become effective ' 21 by Court. Decree be upon entry the Agreement to amend the shall not unreasonably withheld 22 by any party. 23 Defendants shall submit a written request for amendment to Ecology for approval. ' 24 Ecology shall indicate its approval or disapproval in writing and in a timely manner after the 25 written request for amendment is received. If the amendment to the Decree is a substantial ' 26 change, Ecology will provide public notice and opportunity for comment. Reasons for the CONSENT DECREE 17 ATTORNEY GENERAL OF WASHINGTON Ecology Division ' PO Box 40117 Olympia, WA 98504 -0117 (360) 586 -6770 I disapproval of a proposed amendment to the Decree shall be stated in writing. If Ecology does 2 disagreement be through the dispute , not agree to a proposed amendment, the may addressed 3 resolution procedures described in Section XIV (Resolution of Disputes). 4 XVI. EXTENSION OF SCHEDULE 5 A: An extension'of schedule shall be granted only when a request for an extension ' 6 is submitted in a timely fashion, generally at least thirty (30) days prior to expiration of the 7 -deadline for which the.extension is requested, and good cause exists for granting the extension. ' 8 All extensions shall be requested in writing. The request shall specify: 9 1. The deadline that is sought to be extended; ' 10 2. The length of the extension sought; 11• 3. The reason(s) for the extension; and , 12 4. Any related deadline or schedule that would be affectedif the extension. 13 were granted. ' 14 B.- The burden: shall be on Defendants to ddntionstrate to the satisfaction of Ecology .15 that the request for such extension has .been submitted in a timely fashion and that good cause , 16 exists for granting the - extension. - Good-cause may include, but may not be limited to: ' 17 1. Circumstances beyond despite ' the reasonable control and the due 18 diligence of Defendants including delays caused by unrelated third parties or Ecology, 19 such as (but not limited to) delays by Ecology in reviewing, approving, or modifying 20 documents submitted by Defendant; , 21 2. Acts of God, including fire, flood, blizzard, extreme temperatures, 22 storm, or other unavoidable casualty; or 23 3. Endangerment as described in Section XVII (Endangerment). 24 However, neither increased costs of performance of the terms of this Decree nor ' 25 changed economic circumstances shall be considered circumstances beyond the reasonable 26 control of Defendant. CONSENT DECREE 18 ATTORNEY GENERAL Or WASHINGTON Ecoiugy Division ' 110 Box 40117 Olympia, WA 98504-0117 (360) 586 -6770 1 1 1 1 1 1 1 1 1 1 1 I C. Ecology shall act upon any written request for extension in a timely fashion. 2 Ecology shall give Defendants written notification of any extensions granted pursuant to this 3 Decree. A requested extension shall not be effective until approved by Ecology or, if required, 4 by the Court. Unless the extension is a substantial change, it shall not be necessary to amend 5 this Decree pursuant to Section XV (Amendment of Decree) when a schedule extension is 6 granted. 7 D. An -extension shall only be. granted for such period of time '" Ecology -8 determines is, reasonable under the circumstances. Ecology may grant schedule extensions 9 exceeding ninety (90)' days only as a result of 10 1. Delays in the issuance of a necessary permit which was applied for in a 1.1 timely manner; 12 2. Other .circumstances. deemed. 'exceptional or eXtraordinary by 13 Ecology; or 14 3: Esidangerment•as described in Section XVII (Endangerrrient). .15 XVII. 'ENDANGERMENT 16 In, the event Ecology determines-that any activity being performed at the Site is creating 17 or has the potential to create a danger to. human health or the environment, Ecology may direct 18 Defendants to cease such activities for such period of time as it deems necessary to abate the 19 danger. Defendants shall immediately comply with such direction. 20 In the event Defendants determine that any activity being performed at the Site is 21 creating or has the potential to create a danger to human health or the environment, Defendants 22 may cease such activities. Defendants shall notify Ecology's project coordinator as soon as 23 . possible, but no later than twenty -four (24) hours after snaking such determination or ceasing 24 such activities. Upon Ecology's direction, Defendants shall provide Ecology with 25 documentation of the basis for the determination or cessation of such activities. If Ecology 26 CONSENT DECREE 19 ATTORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40117 Olympia, WA 98504 -01 17 (360) 586.6770 2 3 4 5 6 7 8 9 10 .11 12 13 14, 1' S 16 17 18 19 20 21 22 23 24 25 26 disagrees with Defendants' cessation of activities, it may direct Defendants to resume such 4 activities. If Ecology concurs with or orders a work stoppage pursuant to this Section, Defendants' obligations with respect to the ceased activities shall be suspended until Ecology determines the danger is abated, and the tune for perfonnance of such activities, as well as the time for any other work dependent upon such activities, shall be extended, in accordance.with Section XVI (Extension of Schedule), for such period of time as Ecology -determines is reasonable under the circumstances. Nothing in.this Decree shall limit the authority of Ecology, its employees, agents, or contractors to take or require appropriate action in the event of an emergency. XVIII. ' COVENA-NT NOT TO SUE - A. Covenant Not- to Sue: In consideration of Defendants' compliance. with the terms and conditions'of this Decree, Ecology covenants not to institute legal or administrative .actions against Defeh&hts regarding the release of threatened release of hazardous § ubstances .covered by this Decree. This Decree covers -only the Site specifically identified in the Site Diagram (Figure 2) and those hazardous substances that Ecology knows are located at the Site as of the date of entry of this Decree. This Decree does not cover any other hazardous substance or area. Ecology retains all of its authority relative to any substance or area not covered by this Decree. This Covenant Not to Sue shall have no applicability whatsoever to: 1. Criminal liability; 2. Liability for damages to natural resources; and 3. Any Ecology action, including cost recovery, against PLPs not a party to this Decree. CONSENT DECREE 20 ATTORNEY GENERAL OF WAS14INGTON Ecology Division ' PO Box 40117 Olympia, WA 98 5G4-0117 (360) 586 -6770 r D 1 1 2 3 4 5 .6 7 . 8. 9 10 11' . 12" '13• .14 15 A6 17 18 19 20 21 22 23 24 25 26 If factors not known at the time of entry of the settlement agreement are discovered and I present a previously unknown threat to human health or the environment, the Court shall amend this Covenant Not to Sue. B. Reopeners: Ecology specifically reserves the right to institute legal or administrative action against Defendants to require it to perform additional remedial actions at the Site and to pursue appropriate cost recovery, pursuant to RCW 70.105D.050 under the following circumstances: 1. Upon Defendant's failure -to meet the requirements of this Decree, including, but not limited to, failure of the remedial .action to meet the cleanup standards identified in the Cleanup Action Plan (CAP); 2. 'Upon Ecology's determination that xemedial action'beyond the terms of this .Decree .is necessary to abate an imminent and substantial endangerment to human health or the environment; 3. Upon the- availability of new •infori iatibn "regarding` factors previously unknown to Ecology, including the-nature or quantity of hazardous substances at the = Site, and Ecology's determination, in light of-this information, that further remedial action is necessary at the Site to protect human health or the environment; or 4. Upon Ecology's determination that additional remedial actions are necessary to achieve cleanup standards within the reasonable restoration time frame set forth in the CAP. C. Except in the case of an emergency, prior to instituting legal or administrative action against Defendants pursuant to this Section, Ecology shall provide Defendants with fifteen (15) calendar days notice of such action. CONSENT DECREE 21 ATTORNEY GENERAL OF WASHINGTON Ecology Divisiai PO Box 40117 Olympia, WA 98504 -01 17 (360) 536 -6770 W I XIX. CONTRIBUTION PROTECTION 2 With regard to claims for contribution against Defendants, the Parties agree that 3 Defendants are entitled to protection against claims for contribution for matters addressed in 4 this Decree as provided.by RCW 70.105D.040(4)(d), 5 XX. LAND USE RESTRICTIONS 6 If soil confinnation sampling analyses confirm that MTCA Method B Protective of 7 Groundwater has been .achieved, the Restrictive Covenant presently on' the Site shall be 8 rennoi+ed from the•prol erty title: 9 XXI. FINANCIAL ASSURANCES 10 Pursuant to WAC 173 - 340 - 440(11), Defendants shall maintain sufficient and adequate 11 financial assurance. mechanisms to cover 'all costs_ associated with the operation and .12 maintenance of the remedial action at the Site, including'institutional controls, compliance 13 monitoring, and corrective measures: 14 Within sixty (60) 'days of the effective date of thi§ -Decree;' Defendants shall _submit to 15. Ecology'for review and approval an, estimate of the costs that it will incur in carrying out the 16 terns of this Decree, including operation and maintenance, -and compliance rimoriitoring. 17 Within sixty (60) days after Ecology approves the aforementioned cost estimate, Defendants 18 shall provide proof of financial assurances sufficient to cover all such costs in a form 19 acceptable to Ecology. 20 Defendants shall adjust the financial assurance coverage and provide Ecology's project 21 coordinator with documentation of the updated financial assurance for: 22 A. Inflation, annually, within thirty (30) days of the anniversary date of the entry of 23 this Decree; or if applicable, the modified anniversary date established in accordance with this 24 Section; or if applicable, ninety (90) days after the close of Defendants' fiscal year if the 25 financial test or corporate guarantee is used; and 26 CONSENT DECREE 22 Al'TORNEY GENERAL OF WASHINGTON Ecology Division , 110 Box 40117 Olympia, WA 98504.0117 (360) 586.6770 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I B. Changes in cost estimates, within thirty (30) days of issuance of Ecology's 2 approval of a modification or revision to the CAP that result in increases to the cost or 3 expected duration of remedial actions. Any adjustments for inflation since the most recent 4 preceding ,anniversary date shall be made concurrent with adjustments for changes in cost 5 estimates.. The issuance of Ecology's approval of a revised or modified CAP will revise the 6 anniversary date established under this Section to become the date of issuance of such revised 7- or modified CAP. 8° XXII. INDEMNIFICATION 9 Defendants agree, to the extent allowed by law, to indemnify and save. and hold the 10 State of Washington, its employees, and agents harmless from any and all claims or causes of 11' `actibn'for..death or injuries to persons or far-loss or damage to'property to the extent arising 12 from or on account of acts or. omissions of_ Defendants, its officers,. employees, agents; or 13 contractors in - entering into and implementing this; Decree. However, Defendants -shall not '14 indeinilifythe State of Washiington.rior save •nor hold- ti' erriployees and agents harmless from• A5 any claims or causes of-action to the extent arising out of the negligent:acts or omissions of the 16 State of Washington, or the employees or agents of the State, in entering into or implerneiit41g 17 this Decree. 18 XXIII. COMPLIANCE WITH APPLICABLE LAWS 19 A. All actions carried out by Defendants pursuant to this Decree shall be done in 20 accordance with all applicable federal, state, and local requirements, including requirements to 21 obtain necessary permits, except as provided in RCW 70.105D.090. The permits or other 22 federal, state or local requirements that the agency has determined are applicable and that are 23 known at the time of entry of this Decree have been identified in the CAP. 24 B. - Pursuant to RCW 70.105D.090(1), Defendants are exempt from the procedural 25 requirements of Chapters 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 RCW and of any laws 26 requiring or authorizing local government pen-nits or approvals. However, Defendants shall CONSENT DECREE 23 ATTORNEY GENERAL OF WASHINGTON Ecology Division 110 Box 40117 Olympia, WA 48504 -0117 (360) 586.6770 1 2 3 4 5 '6 7 8 9 10 11 12' 13 14 I5 16 17 18 19 20 21 22 23 24 25 26 comply with the substantive requirements of such permits or approvals. The exempt permits or approvals and the applicable substantive requirements of those permits or approvals, as they are known at the time of entry of this Decree, have been identified in the CAP. Defendants have a continuing obligation to determine whether additional. permits or approvals addressed in RCW .70.1.05D.090(l) would otherwise -be required for the remedial action under this Decree. In the event either Ecology or Defendants determine that additional permits or approvals addressed in RCW 70.105D.090(1) would otherwise be required-for the remedial action under this Decree,, it shall promptly notify the other party of this determination. Ecology shall determine whether Ecology or Defendants shall be responsible to contact the appropriate state and/or local agencies. If Ecology so requires, Defendants shall promptly .consult with the apprppriate state and/or local- agencies and provide Ecology with written 1 documentation from those agencies of the substantive requirements those agencies believe ate applicable to the remedial action: Ecology shall'make the final determination on the additional substantive requirements that must he met by Defendants and" on how Defendants must meet those requirements. - Ecology shall inform Defendants in - writing of these requirements. Once established by Ecology; . the additional requirements shall be enforceable requirements' of this Decree. Defendants shall not begin or continue the remedial action potentially subject to the additional requirements until Ecology makes its final determination. C. Pursuant to RCW 70.105D.090(2), in the event Ecology determines that the exemption from complying with the procedural requirements of the laws referenced in RCW 70.105D.090(1) would result in the loss of approval from a federal agency that is necessary for the State to administer any federal law, the exemption shall not apply and Defendants shall comply with both the procedural and substantive requirements of the laws referenced in RCW 70.105D.090(1), including any requirements to obtain permits. '. I .: I .1 .1 .1 1 u CONSENT DECREE 24 ATTORNEY GENERAL OF WASHINGTON Fcology Division 110 Box 40117 ' Olympia, WA 98504-0117 (360) 586 -6770 J 1 XXiV. REMEDIAL ACTION COSTS 2 Defendants shall pay to Ecology costs incurred by Ecology pursuant to this Decree and 3 consistent with WAC 173- 340 - 550(2). These costs shall include work performed by Ecology 4 or its contractors for, or on, the Site under Chapter 70.105D RCW, including remedial actions 5 and Decree preparation, negotiation,, oversight and administration. These costs shall include ' 6 ' work performed both prior to and subsequent to the entry of this Decree. Ecology's costs shall .7 include.costs of direct activities and support costs of direct activities as defined in WAC 173- g. 340 - 550(2). Defendants shall pay the required amount within ninety-(90) days' of.receMng.. g from Ecology an itemized statement of costs that includes a summary of costs incurred, an 10 identification of involved staff, and the amount of time spent by involved staff members on the 11. project. A- general, statement of work perfonned will be provided .upon request. Itemized 12 statements shall be prepared quarterly. Pursuant -to WAC 173 - 340,550(4), failure to pay :i3 Ecology's costs within ninety -(90) days ofreceipt of the itemiaed-statement of costs will result' 14 in interest charges at the rate of twelvvpercent {12 %) per annum, compounded monthly." ' 15: 'Pursuant. to RCW 76.105D.0551. Ecology has . authority to " recover unreimbursed 16• remedial action costs by filing.,a lien against real property subject to the remedial actions. ' 17 XXV, IMPLEMENTATION OF REMEDIAL ACTION 18 If Ecology detennines that Defendants have failed without good cause to implement the 19 remedial action, in whole or in part, Ecology may, after notice to Defendants, perform any or 20 all portions of the remedial action that remain incomplete. If Ecology performs all or portions 21 of the remedial action because of Defendants' failure to comply with its obligations under this ' 22 Decree, Defendants shall reimburse Ecology for the costs of doing such work in accordance 23 with Section XXIV (Remedial Action Costs), provided that Defendants are not obligated under ' 24 this Section to reimburse Ecology for costs incurred for work inconsistent with or beyond the 25 scope of this Decree. 26 CONSENT DECREE 25 ATTORNEY GENERAL OF WASHINGTON £cnlogy Division PO Box 40117 Olympia, WA 98504 -0117 (360) 586 -6770 f 1 2 3 4 5 6 .7 8' 9 10 .1 l' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Except where necessary to abate an emergency situation, Defendants shall not perform any remedial actions at the Site outside those remedial actions required by this Decree, unless Ecology concurs, in writing, with such additional remedial actions pursuant to Section XV (Amendment of Decree). XXVI. PERIODIC REVIEW As remedial action, including groundwater monitoring, continues at the Site, the Parties , agree. to- review the progress of remedial action at the- Site; and to review the data' accumulated . as a result of monitoring the Site as -often'. as *. is necessary and appropriate under the circumstances (semi - annual groundwater monitoring of all wells). At least every five (5) years after the initiation of cleanup action at the Site the Parties shall meet to discuss the status of the . Site and the need, if.any, for further remedial action at the Site. At least ninety (90)�days prior ' to each periodic review, Defendants shall submit a report to Ecology that documents- whether human health-and the environment are being.protecte -based on the'fadtors set forth iri WAC '173- 340 - 420(4).] Ecology reserves the right tb require further remedial. act.iori at the Site under appropriate circumstances'. This provision shall remain in effect for the duration'..of this ' ,,Decree. XXVII. PUBLIC PARTICIPATION , A Public Participation Plan (Exhibit D) is required for this Site. Ecology shall review any existing Public Participation Plan to determine its continued appropriateness and whether it requires amendment, or if no plan exists, Ecology shall develop a Public Participation Plan alone or in conjunction with Defendants. Ecology shall maintain the responsibility for public participation at the Site. However, , Defendants shall cooperate with Ecology, and shall: A. If agreed to by Ecology, develop appropriate mailing list, prepare drafts of ' public notices and fact sheets at important stages of the remedial action, such as the submission of work plans, remedial investigation/feasibility study reports, cleanup action plans, and CONSENT DECREE 26 ATrORNEY GENERAL OF WASHINGTON Ecology Divisiai 110 Box 40117 Olympia, WA 48504 -0117 (360) 586 -6770 1 1 1 1 1 1 1 1 1 1 1 I engineering design reports. As appropriate, Ecology will edit, finalize, and distribute such fact 2 sheets and prepare and distribute public notices of Ecology's presentations and meetings. 3 B. Notify Ecology's project coordinator prior to the preparation of all press releases 4 and fact sheets, and before major meetings with the interested public and local governments. 5 -Likewise, Ecology shall notify Defendants prior to the issuance of all press releases and fact 6 sheets, and before major meetings with. the interested public and local governments. For all 7' press- releases, fact sheets, meetings, and other outreach efforts by Defendants -that do not 8 receive prior Ecology approval, Defendants shall clearly. indicate to its audience that the press 9 release, fact sheet, meeting, or other outreach effort was not sponsored or endorsed by 1.0 Ecology. 11 C;.. ;. When requested. by .8cology, participate in public presentations on the progress 12 of the remedial action- at,the Site. ..Participation -may be-through attendance at public meetings 13 to assist iii° answering -questions,'or_as a presenter. : 1`4 D.- -When requested by Ecology, aitange ani /or.coniinue infoima.6, n repositories at. 15 the following locations: 16 i) Yakima Valley Regional Libtary 102 North 3`d Street 17 Yakima, WA 98901 18 ii) Ecology's Central Regional Office 15 W. Yakima Avenue, Suite 200 i9 Yakima, WA 98902 20 At a minimum, copies of all public notices, fact sheets, and press releases; all quality assured 21 monitoring data, remedial actions plans and reports, supplemental remedial planning 22 documents, and all other similar documents relating to performance of the remedial action 23 required by this Decree shall be promptly placed in these repositories. 24 XXVIII. DURATION OF DECREE 25 The remedial program required pursuant to this Decree shall be maintained and 26 continued until Defendants have received written notification from Ecology that the CONSENT DECREE 27 ATTORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40117 Olympia WA 98504-0117 (360)586.6770 I 2 3 4 5 6 7 8 9 10 12 13 14 15 16.' 17 18 19' 20 21 23 24 25 26 requirements of this Decree have been satisfactorily completed. This Decree shall remain in effect until dismissed by the Court. When dismissed, Section XVIII (Covenant Not to Sue) and Section XIX (Contribution Protection) shall survive. XXIX. CLAIMS AGAINST THE STATE Defendants hereby agree that, they will not seek to recover any* costs accrued in implementing the remedial action required by this Decree from the State of Washington or any of its agencies; and' further, that Defendant's - will make no claim against the State Toxics Control Account or any local Toxics Control. Account for any costs incurred in implementing this Decree. .Except as provided above, however, Defendants expressly reserves its right to seek to recover any costs incurred in implementing this Decree from any other PLP. This Section does not limit�or address funding that maybe provided under Chapter 173 -322 WAC. XXX. EFFECTIVE DATE .. This Decree is- effective upon the date it is entered by the Court XXXI. ' WITHDRAWAL OF CONSENT If the Court withholds or withdraws its consent to this Decree, it shall be null and void at the option of any party-and the accompanying Complaint shall be dismissed without costs and without prejudice. In such an event, no party shall be bound by the requirements of this Decree. STATE OF WASHINGTON DEPARTMENT OF ECOLOGY � 4==� k ° JIM PENDOWSKI Program Manager Toxics Cleanup (360) 407 -7177 Date: Z CONSENT DECREE ROBERT M. McKENNA Attorney General JOHN A. LEVEL,`WSBA # 20439 Assistant Attorney General (360) 586 -6753 Date: 17-111109 28 ATTORNEY GENERAL Of WASHINGTON Ecology Division PU lox 40117 Olympia, WA98504 -0117 (360) 586 -6770 17� FI L ri i� IJ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 3j I 4 5 6 7 �8 9 10 �11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 26 CITY OF YAKIMA COUN YAKIMA LAWRENCE WATTERS, WSBA # 7454 T R T , W A # 6708 Senior Assistant City Attorney Chief 'vil Deputy Prosecuting Attorney (509) 575 -6030 (509) 574 -1200 Date: Date: -CITY,-OF YAKIMA COUNTY OF YAKIMA . City Manager .C.4e- -r--W6 J Yfesiding County Commissioner (509),575-6030 (509) 574 -1200 Date: / Z � � Dater L ENTERED this day of c2, 2008. ROBERT N. HACKETT A JUDGE /COMMISSONER Yakima - omty-Siup6ii6r Court CONSENT DECREE 29 ATfORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40117 Olympia, WA 98504-0117 (360) 586 -6770 n 1 IEXHIBIT B Yakima Regional Clean Air Authority Letter 1 1 1 YAKIMA REGIONAL t ANA R rt, LE I AGENCY Nit 324 worth First Street, Yakima JfA 98901 '" Phone: (509) 834 -2050 ra : (509) 834 -2060 I3 ebsite: http:/ /rr►v»,._I,akinlncILtulnir.or;, RECEIVED August 26, 2009 Mr. Piper Roelen, P.E. Ms. Elizabeth Clark, P.E. Landau Associates, Inc. 1302 d Ave. South Edmonds, WA 98020 RE: Richardson Airways Cleanup Project Dear Mr. Roelen and Ms. Clark: LANDAU ASIA F-S, IN' Based on what you have stated in your letter dated August 6, 2009 regarding the above project, a New Source Review (NSR) will not be required for the above referenced project as long as the contaminated soil is moved completely out of site without any in situ treatment. However, a Dust Control Plan (DCP) must be filed and approved by YRCAA prior to the start on any of the work. YRCAA will most likely require that wash -out for vehicles be installed at the site to ensure that no contaminated soil is being transported beyond the site. If you have any question or need any additional information please do not hesitate to contact me at (509) 834 -2050. Thank you. Best regards, Hasan M. Tahat, Ph.D. Engineering and Planning Division Supervisor Cc: File i 1 n Cl 1 EXHIBIT C Landau Associates Health and Safety Plan (HASP) Health and Safety Plan Yakima Air Terminal — Richardson Airways Washdown Area Yakima, Washington March 19, 2009 Prepared for City of Yakima, Washington Yakima County, Washington IALANDAU ASSOCIATES P.O. Box 4698 West Richland, WA 99353 (509) 967 -0704 TABLE OF CONTENTS Page 1.0 INTRODUCTION 1 -1 1.1 SITE LOCATION 1 -1 1.2 SITE HISTORY 1 -1 1.3 CLEANUP ACTION GOALS 1 -2 1.4 BACKGROUND 1 -2 1.5 HEALTH AND SAFETY PLAN APPLICABILITY AND ADHERENCE 1 -2 2.0 SAFETY RULES AND PROCEDURES 2 -1 2.1 SAFETY RULES 2 -1 3.0 ANALYSIS OF SITE HAZARDS AND RISKS 3 -1 3.1 BASIS FOR ANALYSIS 3 -1 3.2 HAZARDOUS SUBSTANCES SUMMARY 3 -1 3.2.1 SPECIAL HAZARDS /OPERATIONS SAFETY 3 -1 4.0 PERSONAL PROTECTIVE EQUIPMENT 4 -1 4.1 LEVELS OF PROTECTION 4 -1 4.2 REQUIRED EQUIPMENT 4 -1 4.2.1 Level D Modified 4 -2 4.2.2 Level C 4 -2 5.0 TRAINING 5 -1 6.0 REFERENCES 6 -1 LIST OF FIGURES Figure Title 1 Vicinity Map 2 Site Plan 3 Site and Exploration Plan LIST OF ATTACHMENTS Attachment Title A Work Location Personnel Protection and Safety Evaluation Form 3/18/09 \ \EDMDATA\ PROJECTS \114$\ 001 \FILERM\R\ SAP-0APP- HASP\FINAL \FORMAL HASP.DOC LANDAU ASSOCIATES ii 1.0 INTRODUCTION This health and safety plan presents the protocols that will be required to provide for the health and safety of Landau Associates employees during cleanup action activities to be conducted at the Richardson Airways Washdown Site (Site). The Site cleanup is being conducted in accordance with the Draft Cleanup Action Plan (CAP) prepared by the Washington State Department of Ecology (Ecology; July 2008 — accepted as final December 2008). The City of Yakima, Yakima County, and Ecology jointly agreed to conduct the cleanup action on the Site under Consent Decree No. 08 04863 1, recorded December 26, 2008. The CAP and Consent Decree stipulate the terms of the cleanup action, and require a Site health and safety plan (HASP) be prepared consistent with the Washington State Model Toxics Control Act (MTCA; Chapter 173 -340 WAC). This HASP presents a description of existing site conditions and the project health and safety organization, and also includes safety rules and procedures, criteria for hazard and risk analysis, description of levels of personal protection, emergency response information, and training requirements. Additional information is contained in the work location personnel protection and safety evaluation form presented in Attachment A. 1.1 SITE LOCATION The Site is located in the southeast corner of the Yakima Air Terminal (Airport) in Yakima, Washington (Figure 1), and includes a portion of the Richardson Airways facility, which is owned by the Airport. The Site is located adjacent to the North -South Taxiway (Figure 2). 1.2 SITE HISTORY Between approximately 1953 and 1992, Richardson Airways occupied the property. Richardson Airways was operated as an aerial pesticide spraying service for the local agricultural industry between 1953 and 1992. Mr. Ralph Richardson leased the site from the Airport for crop spraying operations and reportedly used the site for filling, mixing, and routine washing of pesticides and herbicides from spray equipment. Soil sampling at the Site by Ecology in 1988 revealed soil contamination from organochlorine and organophosphate pesticides and herbicides. Ecology, Richardson Airways, and the Airport subsequently entered into an Agreed Order (DE 91 TC -C455) in 1992 to conduct a Remedial Investigation/Feasibility Study (RI /FS) at Richardson Airways. Ecology accepted the Final RI/FS Work Plan on October 5, 1992; the RI /FS was completed and then accepted by Ecology on December 10, 1993. In 1997, Ecology entered into a Consent Decree with the potentially liable parties to monitor groundwater and place a restrictive covenant on the property. In 2008, Ecology entered into a Consent Decree with 3/18/09 \ \EDMDATA\ PR0JECTS \1148\ 001 \FILERM \R \SAP -OAPP -HASP \FINAL \FORMAL HASP.DOC LANDAU ASSOCIATES 1-1 ' Yakima County and the City of Yakima to pursue soil cleanup at the Site. The proposed cleanup includes the excavation and offsite disposal of impacted soil at a permitted landfill. 1.3 CLEANUP ACTION GOALS ' Specific cleanup action tasks and goals for the Site include the following: • Evaluation of the RI/FS and other previous environmental reports prepared for the Richardson Airways facility. • A supplemental field investigation at the Site to confirm the presence of soil contaminants reported during earlier investigations and to better define the vertical and lateral extents of ' contamination. • Removal of an estimated 4,000 cubic yards (yd 3) of contaminated soil from the Site. ' • Confirmation sampling to affirm that contaminated soil exceeding Site cleanup levels has been removed from the site. ' • Backfill and compaction of the excavation with clean fill. ' 1.4 BACKGROUND Landau Associates is under contract with the City of Yakima and Yakima County to perform the supplemental site investigation and prepare design specifications and drawings for the proposed cleanup action at the Site. A contractor, as yet to be identified, will be responsible for implementing the cleanup action. Landau Associates will also perform field oversight for construction activities and confirmation sampling. Field activities covered by this HASP may include: ' • Supplemental field investigations • Soil excavation, backfilling, and grading using terrestrial construction equipment ' • Confirmation sampling. Due to limited access to the site from the general public, a designated Exclusion Zone was not ' included under this HASP. ' 1.5 HEALTH AND SAFETY PLAN APPLICABILITY AND ADHERENCE All individuals employed by Landau Associates and performing field work under the Consent ' Decree must read, understand, and comply with this HASP. All field participants must read the plan prior to undertaking any field activities. If any information presented in this plan is unclear, the reader should contact the appropriate safety officer for clarification prior to participating in any field activity. Once the 3118109 \ \EDMDATA\ PR0JECTS \1148\ 001 \FILERM\R\SAP-OAPP - HASP\ FINAL \FORMAL HASP.DOC LANDAU ASSOCIATES ' 1 -2 information has been read and understood, the individual must sign the Acknowledgment Form in Attachment A, which will then be placed in the job file and maintained on Site. Similarly, all subcontractors or subconsultants for Landau Associates must prepare their own health and safety plan that is at least as protective as the HASP, or they may adopt the HASP as their own. If a subcontractor or subconsultant adopts the HASP as their own, they do so at their sole risk. Failure to comply with the requirements of the HASP is grounds for immediate dismissal. Copies of an acknowledgment form similar to that provided in Attachment A must be provided to the Landau Associates Site Safety Officer prior to the commencement of field activities. This plan is flexible, and allows unanticipated Site - specific problems to be addressed, while providing adequate and suitable worker protection. The plan may be modified at any time, based on the judgment of the respective Site Safety Officer or the Project Safety Officer, as appropriate. Minor changes to the plan regarding day -to -day activities (e.g., location of decontamination station, etc.) may be made by the Site Safety Officer. Substantive changes to procedures (e.g., monitoring frequency, etc.) must also receive the concurrence of both the Site Safety Officer and the respective Project Safety Officer (changes that involve levels of protection or action levels will be relayed to Ecology or the Washington Department of Labor and Industries, if time allows; otherwise, such changes will be documented in the monthly reports to Ecology). Any modification will be presented to the onsite team during a safety briefing and posted in a designated area (e.g., at Site mobilization location). Activities conducted as part of this cleanup action will be conducted without creating health and safety risks for nearby workers or the public. All onsite personnel will be attentive to the potential for release of contaminated materials associated with field activities and will immediately bring all such matters to the attention of the appropriate Site Safety Officer. Decontamination procedures and other elements of the field procedures (e.g., access to /from work areas by heavy equipment) have been developed to be protective of both worker and public health and safety. 3/18109 \ \EDMDATA\ PR0JECTS\ 1148\ 001 \FILERM\R \SAP -OAPP -HASP \FINAL \FORMAL HASP.DOC LANDAU ASSOCIATES 1 -3 ' 2.0 SAFETY RULES AND PROCEDURES ' Safety is the responsibility of every individual involved in project efforts. Whether in the office ' or in the field, properly followed procedures are essential for personal safety and to minimize injuries or accidents involving equipment. Potential hazards while working at the Site include, but are not limited ' to: • Exposure to toxic and/or hazardous chemicals. ' • Physical hazards from use of sampling and testing equipment. t• • Physical hazards from use of excavation, backfilling, or other heavy construction equipment, ' and road traffic. ' • Physical hazards from open excavations created during soil removal. ' • Physical hazards from working conditions (e.g., heat stress, hypothermia). ' 2.1 SAFETY RULES ' • Facial hair that interferes with proper operation and fit of respiratory protection gear is not allowed. ' • A team system will be used within an Exclusion Zone. During Site operations, each worker is a safety backup for his/her team partner(s) and should make all personnel aware of dangerous situations that may develop. 3/18/09 \\EDMDATA\PROJECTS\ 1148\ 001\FILERM\R\SAP-0APP- HASP\FINAL \FORMAL HASP.DOC LANDAU ASSOCIATES ' 2 -1 All personnel working in the field will follow the rules and procedures listed below: ' • All personnel will conduct themselves in a professional manner at all times. ' • No personnel (except truck operators) will be admitted into an operational Exclusion Zone without safety equipment in proper working condition and requisite training. Truck operators will be allowed within the Exclusion Zone, but must remain in the vehicle. ' • All personnel must comply with the established safety procedures. Anyone working on site for or under contract with Landau Associates who does not comply with this HASP may be immediately dismissed from the Site. t• Working while under the influence of intoxicants, narcotics, or controlled substances is prohibited. A physician should be consulted prior to taking prescription drugs, if the ' potential for contact with toxic substances exists. • Firearms, ammunition, fireworks, and explosives are prohibited. • Climbing or standing on machinery or equipment during movement is prohibited unless authorized by the Site Safety Officer. ' • Facial hair that interferes with proper operation and fit of respiratory protection gear is not allowed. ' • A team system will be used within an Exclusion Zone. During Site operations, each worker is a safety backup for his/her team partner(s) and should make all personnel aware of dangerous situations that may develop. 3/18/09 \\EDMDATA\PROJECTS\ 1148\ 001\FILERM\R\SAP-0APP- HASP\FINAL \FORMAL HASP.DOC LANDAU ASSOCIATES ' 2 -1 • Eating, drinking, chewing gum or tobacco, smoking, or any practice that increases the probability of hand -to -mouth transfer and ingestion of material is prohibited in an Exclusion Zone. • Smoking will be prohibited on Airport property. Consumption of food is prohibited within the general boundaries of the Site. • Disposable clothing will be used whenever necessary and appropriate to minimize the risk of cross - contamination. • Samples will be collected only by trained and authorized personnel. • Contact with contaminated or potentially contaminated material should be avoided. Efforts will be made to stage Site activity upwind of investigative equipment, activities, and materials. • Proper decontamination procedures must be followed before leaving an Exclusion Zone and the Site, unless medical emergencies dictate otherwise. All decontamination residual materials, and any other potentially contaminated materials, will be handled properly and kept on site or at a designated secure stockpile area. • Caution will be observed when proceeding on foot and around heavy equipment or traffic. • Only approved work clothes or equipment will be allowed within the Exclusion Zones. • Exchange of personal protective equipment will not be allowed. • All field activities will comply with Occupational Safety and Health Act (OSHA) 29 CFR 1926 (Construction Industry Standards) and 29 CFR 1910 (General Industry Standards) as appropriate. 3118/09 \ \EDMDATA\ PR0JECTS \1148\ 001 \FILERM\R \SAP - QAPP- HASP\FINAL \FORMAL HASP.DOC LANDAU ASSOCIATES 2-2 1 3.0 ANALYSIS OF SITE HAZARDS AND RISKS 3.1 BASIS FOR ANALYSIS Former business operations by Richardson Airways at the Site resulted in soil impacted with chlorinated pesticides. The primary identified chemical contaminants of concern at the Site are chlorinated pesticides and chlorinated herbicides. The approximate extent of soil contamination based on exceedance of the MTCA Method B soil cleanup levels for protection of groundwater is shown on Figure 3. Based on previous field investigations, surface soil contamination extends across most of the Site to a depth of approximately 10 feet (ft) below ground surface (BGS) at some locations. Two monitoring wells were installed at the Site to test for potential contamination in groundwater. Sampling results from the 1993 RI/FS showed no pesticide contamination in groundwater (CH2M Hill 1993). Subsequent groundwater monitoring between 1994 and 1995 also confirmed the absence of impacts to groundwater (Ecology 2008). 3.2 HAZARDOUS SUBSTANCES SUMMARY There is potential for field personnel to become exposed to contaminants on the Site. Dermal contact, inhalation, and incidental ingestion exposures are possible. The general risk of exposure on the Site is low to moderate and will decrease as soil is removed. The selected remedy reduces the risks posed to human health and the environment by removing the impacted material and properly disposing the material at a permitted hazardous waste landfill. Potential exposure with contaminated soil during the cleanup action is expected to be limited to the short time during the supplemental investigation, and during excavation and confirmation sampling activities. It is expected that Landau Associates' personnel will come into contact with small quantities of soil during field sampling activities. Dermal protection will be required during all sampling. Airborne particles from mechanical or wind resuspension of surface materials could also create risks of inhalation (and incidental ingestion) exposures during excavation work at the Site. Dust suppression activities or respiratory protection will be implemented, if necessary. 3.2.1 SPECIAL HAZARDS /OPERATIONS SAFETY All deep excavation work to remove impacted soil will be conducted by operators using heavy machinery. Consequently, direct contact by machine operators will be limited, and is not expected to be a significant hazard. Excavations will remain open for as short a period of time as possible. Should 3/18/09 \ \EDM0ATA\ PR0JECTS \11481001\FILERM\R\ SAP-0 APP- HASP\FINAL \FORMAL HASP.DOC LANDAU ASSOCIATES 3 -1 excavations remain open beyond normal working hours, the excavation will be surrounded with ' protective fencing to mark its location and restrict access. 3118/09 \ \EDMDATA\ PROJECTS \1148\001 \FILERM\R \SAP -OAPP- HASP \FINAL \FORMAL HASP.DOC LANDAU ASSOCIATES 3 -2 1 t4.0 P PERSONAL PROTECTIVE EQUIPMENT 4.1 LEVELS OF PROTECTION have been defined by t Different levels of protection h (EPA) in 29 CFR 1910.120: These include: • Level A requires u use o contained breathing apparatus (SCBA) with a supplied air escape pack for the highest level of respiratory, skin, and eye protection. Level A is not anticipated at this Site, and therefore is ' r not discussed further. • Level B requires maximum respiratory protection by the use of supplied air or a positive ' p pressure SCBA. A supplied air escape pack is required while in Level B. Chemical- resistant clothing for dermal protection is selected on the basis of anticipated hazards. Level B is not anticipated at this Site, and therefore is not discussed further. ' • • Level C requires an air purifying respirator that is specific to the contaminants of concern. The degree of dermal protection is dependent on anticipated hazards and provided by ' c chemical- resistant clothing. • Level D is the basic work uniform, described in Section 4.2, as modified for work at this Site. There are numerous variations and modifications possible with each level of protection. Personal protection action levels for Site project activities are discussed in Section 4.2.1 and 4.2.2. ' 4 4.2 REQUIRED EQUIPMENT ' T The Project Area is designated as a Level D Modified work area. Although limited volatilization of some low molecular weight chlorinated pesticides may occur, volatilization is not a significant concern ' f for most of the site contaminants. Furthermore, as long as soil conditions remain moist, inhalation of dust fying respirator is not expected to be necessary, but should be available at all times. Although Level C protection is not initially required, all Landau Associates personnel and other persons operating under this HASP will have the appropriate personal protective equipment (PPE) available on site in case an upgrade is necessary. Level D Modified protection is considered appropriate for this project. The following sections define Level D Modified and Level C PPE. 1 3118/09 \\EDMDATA\ PR0JECTS\ 1148\ 001 \FILERM\R\ SAP- QAPP- HASP\FINAL \FORMAL HASP.DOC LANDAU ASSOCIATES 1 4 -1 4.2.1 LEVEL D MODIFIED • Washable or disposable coveralls (Tyvek) • Disposable gloves • Neoprene and/or nitrile gloves, as needed • Neoprene steel -toed and steel -shank boots, chemically resistant, impermeable outer boots • Hard hat (with splash shield if liquid splashes or sprays are likely to be encountered) • Safety glasses with side shields • Ear protection. If an area is upgraded to Level C, Level D Modified may only be wom in that work area after the Site Safety Officer has made a determination that continued exposure to hazardous materials is unlikely and that exposure will not approach the threshold limit value /permissible exposure level (TLV/PEL). 4.2.2 LEVEL C • All Level D Modified PPE described above (including all PPE identified for intrusive work) • Half -face air purifying respirator equipped with organic vapor /HEPA cartridges. If contaminated liquid splashes or sprays are likely to be encountered, full -face air purifying respirators equipped with organic vapor/HEPA cartridges will be used. 3/18109 \ \EDMDATA\ PROJECTS\ 1148 \001 \FILERM \R \SAP -OAPP -HASP \FINAL \FORMAL HASP.DOC LANDAU ASSOCIATES 4 -2 ' 5.0 TRAINING All personnel performing onsite investigation tasks will have completed formal health and safety training, which complies with 29 CFR 1910.120 and WAC 296 -62 -3040 (certificates of successful completion of training will be maintained in company or job files), and will verify on-the-job training for ' those tasks they are assigned to perform. At least one member of each field team will be trained in CPR and first aid. All operations will be reviewed and all unfamiliar operations will be rehearsed prior to ' performing the actual procedure. 3/18/09 \ \EDMDATA\ PROJECTS \1148\001 \FILERM\R\SAP -OAPP- HASP\ FINAL \FORMAL HASP.DOC LANDAU ASSOCIATES 1 5-1 6.0 REFERENCES CH2M Hill. 1993. Final Remediation Investigation /Feasibility Study Report — Richardson Airways, Inc., Yakima, Washington. I Washington State Department of Ecology. 2008. Draft Cleanup Action Plan, Richardson Airways, Yakima, Washington. July. (Accepted as final December 2008.) ' 1 7 L 3/18109 \ \EDMDATA\ PROJECTS \1148\ 001 \FILERM \R \SAP -QAPP- HASP \FINAL \FORMAL HASP.DOC LANDAU ASSOCIATES 6 -1 1 1 1 1 West Valley Yakima 1 J J IT was in T-L IT Project Location Yakima Ail, Tbrmi nal MafffMer,.Fiefd Union Gap -Alhtanum Ahta [tum U-\J Z4 Everett 0 0.5 1 Seawe Spokane • Tacoma Miles Washington Yakima Project Location Data Source: ESRI 2008 Yakima Air Terminal - Figure M LANDAU Richardson Airways Washdown Site Vicinity Map ASSOCIATES Yakima, Washington 0 0 X ` 0 N p� =WT j c N o s a o �00D o m 7 =r 7 D CD 5' v__? 3 p `< N cn N m m m m m m m m "T" Hangar "T" Hangar Ll 7 4r N/S Taxiway N Z -01. 1 }} �A f° t L .w • i S 2 3iMW -3 7 12 .. 4,!, � e. O o w° A} aq r � � °M f �; 4 � t' t✓. t ��x 'i • *n t m 's 4 .� � y.✓° L' *x �C 4 *!� r d c Legend Proposed Shallow Soil Sampling Location 1993 Soil Boring /Monitoring Well O Previous Washdown Site Sample Areas m Location (CH2MHill, RI/FS) E) Proposed Soil Broing Locations ® Catch Basin (Approximate Location) 1993 Soil Boring Location (CH2MHill, RI /FS) 0 50 100 Data Source: Google Earth Image Scale in Feet Yakima Air Terminal - Figure ' Richardson Airways LALANDAU Washdown Site Site and Exploration Plan 3 ASSOCIATES Yakima, Washington ATTACHMENT A 1 Work Location Personnel Protection and Safety � Evaluation Form ' I WORK LOCATION PERSONNEL PROTECTION AND SAFETY EVALUATION FORM tJob # 1148001.010.011 ' Prepared by Ryan Reich Reviewed by Beth Clark Date February 24, 2009 Date February 26.2009 1 A. WORK LOCATION DESCRIPTION 1• NAME: Richardson Airways Soil Investijeation and Cleanup Work ' 2. LOCATION: Richardson Airways Washdown Site - Yakima Air Terminal. On the southwest edge of the City of Yakima, Washington, about 2 miles west of Interstate 82. The site is located near the southeast corner of the Yakima Air Terminal at 2400 West Washington Avenue, in Yakima County. 3. ANTICIPATED ACTIVITIES: Soil probes to about 10 ft below ground surface, followed by ' soil excavation and disposal, construction oversight, and confirmation sampling. 4. SIZE: Work area is approximately 1/2 acre. ' 5. SURROUNDING POPULATION: Estimate 84,000 people in the City of Yakima, and 230,000 people in metropolitan area. ' 6. BUILDINGS/HOMES/INDUSTRY: Airport facilities and agricultural support. 7. TOPOGRAPHY: Primarily flat, slight rise in elevation heading southwest to northeast. ' 8. ANTICIPATED WEATHER: Early to mid spring temperatures (65F — 75F daytime). 9. UNUSUAL FEATURES: Air traffic and aircraft support vehicles, pressure vessels, fuel and ' piping services, truck and heavy equipment traffic, and large mechanized structures. 10. SITE HISTORY: Municipal and commercial airport. Commercial agricultural pesticide spraying operation with known release of insecticides and herbicides to site soils. Period of operation was 1953 to 1992. ' B. HAZARD DESCRIPTION 1. BACKGROUND REVIEW: (X) Complete ( ) Partial 2. HAZARD LEVEL: For all activities Modified Level D. JUSTIFICATION: Soil Contamination: chlorinated pesticides 3. TYPES OF HAZARDS: (Attach additional sheets as necessary) rA. Chemical (X) Inhalation (X) Ingestion () OZ Def. ( ) Biological (X) Skin Contact () Explosive 3118/09 \\Pdmdata\projects\ 1148 \ool\FileRm\R\ SAP -QAPP- HASP\ Final\ Riclwdsonsafety evaluationform .doc LANDAuASSOCIATES A -1 B. Physical (X) Cold Stress (X) Heat Stress () Other (X) Noise (X) Heavy Equip. 4. NATURE OF HAZARDS: (X) Air Describe: Dust and vapor inhalation (X) Contact Describe: Dermal absorption/ingestion (X) Soil Describe: Confirmed presence in soil (1993). ( ) Surface Water (X) Groundwater Describe: Tested- not identified (1992- 1994). (X) Other Describe: Physical hazards from drilling equipment, excavation equipment, hauling trucks, possibility of buried utilities. 3/18/09 \ \Edmdata\pmjmts\ 1148 \001\FileRm\R\ SAP- QAPP- HASP\Final\Richardson safety evaluation fortn.doc A -2 LANDAU ASSOCIATES 5. CHEMICAL CONTAMINANTS OF CONCERN (X) Available data on chlorinated pesticides (NIOSH website — http: / /www.cdc.gov /niosh) mgestlon, m a atlon Endrin 0.1 2 Soil Dermal contact, ingestion, inhalation o tg ye ow, fruity odor convulsions; stupor, headache, Visual- colorless dizziness; abdominal to tan crystalline discomfort, nausea, vomiting 3/18109 \\Edmdata\pmjects\ 1148\ 001\ FileRm \R\SAP- QAPP- HASMinW\Richu&on safety evaluation fonn.doc LANDAU ASSOCIATES A -3 Instruments PEL I.D.L.H. Source /Quantity Route of Symptoms of Used to Contaminant (ppm) (ppm) Characteristics' Exposure Acute Exposure Monitor Contaminant Headache, dizziness; nausea, Aldrin 0.25 skin 25 Soil Dermal contact, vomiting, malaise (vague Visual- dark ingestion, inhalation feeling of discomfort) brown crystalline Dieldrin 0.25 skin 50 Soil Dermal contact, Headache, dizziness; nausea, Visual- colorless ingestion, inhalation vomiting, malaise (vague to white crystals feeling of discomfort) DDT I skin 500 Soil Dermal contact, Irritation eyes, skin; paresthesia Visual- colorless ingestion, inhalation tongue, lips, face; tremor; crystals or odor anxiety, dizziness, confusion, malaise (vague feeling of discomfort), headache Endosulfan 0.10 Soil Dermal contact, Irritation skin; nausea, Brown crystals ingestion, inhalation confusion, agitation, flushing, with sulfur odor dry mouth, tremor, convulsions, headache 2,4 -D 10 100 Soil Dermal contact, Lassitude (weakness, Visual- white to ingestion, inhalation exhaustion), stupor, yellow hyporeflexia, muscle twitching; crystalline, no convulsions odor Methoxychlor 15 5,000 Soil Dermal contact, fasciculation, trembling, Visual- colorless • h 1 ' convulsions t 1; ht 11 mgestlon, m a atlon Endrin 0.1 2 Soil Dermal contact, ingestion, inhalation o tg ye ow, fruity odor convulsions; stupor, headache, Visual- colorless dizziness; abdominal to tan crystalline discomfort, nausea, vomiting 3/18109 \\Edmdata\pmjects\ 1148\ 001\ FileRm \R\SAP- QAPP- HASMinW\Richu&on safety evaluation fonn.doc LANDAU ASSOCIATES A -3 6• PHYSICAL HAZARDS OF CONCERN Hazard Description Location Procedures Used to Monitor Hazard Drilling Falling heavy equipment, Site Stay alert and accomplish bore hole logging overhead moving parts away from active zone. Always wear hard hat, eye protection, ear protection, and steel - toed shoes. Trip hazards, cuts Drilling equipment on ground Site Stay alert, avoid sudden movements in tight areas, and watch for trip hazards. Avoid running. Keep work area free of debris. Noise Motors and sample hammer, Site Use ear protection at all times Industrial Chemical Release Heavy Equipment/Truck Traffic Industrial noise Accidental rupture or release of chemicals from storage tanks /vessels. Loaders and tractor trailers 3/18/09 \\Edmdata\projects\ 1148 \001\FileRm\R\ .SAP - QAPP- HASPTinaMcherdson safety evaluation fom.doc A-4 Site Facility- provided respirator on person at all times. Effectiveness of respirator depends on chemical concentrations and length of exposure. Stay alert. Always wear hard hat, eye Site protection, ear protection, and steel -toed shoes. Establish eye contact with operators before approaching/entering work area. Be aware of surroundings and truck traffic that cannot be heard due to industrial noise levels. Wear bright colored/highly visible safety vest. LANDAU ASSOCIATES M M ' M M M M M M � M M M M M � ' M M r i i i i 7• WORK LOCATION INSTRUMENT READINGS Location Percent O, Radioactivity FID Other Location Percent OZ _ Radioactivity FID Other Location Percent 02 _ Radioactivity FID Other Location Percent 02 _ Radioactivity FID Other Percent LEL PID Other Other Percent LEL PID Other Other Percent LEL PID Other Other Percent LEL PID Other Other 8. HAZARDS EXPECTED IN PREPARATION FOR WORK ASSIGNMENT See above Describe- 3/18/09 \\Edmdata\projects \l 148 \001\FileRm\R \SAP- QAPP- HASP\Fina]\Richardson safety evaluation (onn.doc A -5 LANDAU ASSOCIATES C. PERSONAL PROTECTIVE EQUIPMENT 1. LEVEL OF PROTECTION Location /Activity: Washdown Site /Sampling & Excavation A O B O C ( ) D (X) - modified 2. PROTECTIVE EQUIPMENT (SPECIFY PROBABLE QUANTITY REQUIRED) Respirator Clothing () SCBA, Airline () Fully Encapsulating Suit () Full -Face Respirator () Chemically Resistant Splash Suit () Half -Face Respirator (organic vapor and dust () Apron, Specify cartridges) () Dust mask if soil is dry (X) Tyvek Coverall (for Level D- modified) () Saranex Coverall () None () Coverall, Specify (for Level D activities) () Other ( ) Other () Other Head & Eye Hand Protection (X) Hard Hat (at all times while on site) () Undergloves Type () Goggles (X) Gloves Nitrile Type () Face Shield () Overgloves Type (X) Safety Eyeglasses (X) Ear plugs ( ) Other ( ) Other Foot Protection (X) Safety Boots with steel toe /shank () Disposable Overboots () Other 3/18/09 \\Edmdata\ projects \1148 \001\FileRm\R \SAP - QAPP- HASP\FinaMichardson safety evaluation form.doc LANDAU ASSOCIATES A -6 3. MONITORING EQUIPMENT O CGI () 02 Meter () Rad Survey () Detector Tubes (optional) Type: Not Available () PID ( ) Other — UV Light D. PERSONNEL DECONTAMINATION Required () Not Required (X) — Use disposable gloves /outerwear as needed (If required, describe) EQUIPMENT DECONTAMINATION Required (X) Not Required ( ) (If required, describe and list equipment) If free product is encountered, equipment shall be placed on a decontamination pad, scrubbed clean with solvent, cleaned with soap and water, and rinsed with high pressure cleaner. E. PERSONNEL Work Location Medical Fit Test Name Title /Task Current Current 1. Ryan Reich Field Geologist (X) (X) 2. Beth Clark LAI Safety Coordinator (X) (X) 3/18/09 \\Edmdata \projects \1148 \001\FileRm\F SAP- QAPP- HASP\Final\Richardson safety evaluation fonn.doc A -7 LANDAU ASSOCIATES F. ACTIVITIES COVERED UNDER THIS PLAN Task No. Description Preliminary Schedule 1 Soil Probe Sampling April 2009 2 Soil Excavation and Disposal July- August 2009 3 Confirmation Sampling G. SUBCONTRACTOR'S HEALTH AND SAFETY PROGRAM EVALUATION NAME AND ADDRESS OF SUBCONTRACTOR: Environmental West Exploration, Inc. Activities to be Conducted by Subcontractor: 15 Soil probes to approximately 10 feet below surface. Item EVALUATION CRITERIA Adequate Inadequate Comments Medical Surveillance Program (X) ( ) Personal Protective Equipment Availability (X) ( ) Onsite Monitoring Equipment Availability (X) ( ) Safe Working Procedures Specification (X) ( ) Training Protocols (X) ( ) Ancillary Support Procedures (if any) () ( ) Emergency Procedures (X) ( ) Evacuation Procedures Contingency Plan () ( ) Decontamination Procedures Equipment (X) ( ) Decontamination Procedures Personnel (X) ( ) GENERAL HEALTH AND SAFETY PROGRAM EVALUATION: ADEQUATE (X) INADEQUATE ( ) ADDITIONAL COMMENTS: Evaluation Conducted By: Christine Kimmel Date: February 25, 2009 3118/09 \\Edmdatatpmjects\ 1148 \001\FileRm\R \SAP - QAPP- HASP\Final\Richudson safety evaluation fonn.doc A -8 LANDAU ASSOCIATES 1 1 1 1 1 1 EMERGENCY FACILITIES AND NUMBERS HOSPITAL Yakima Valley Memorial Hospital 2811 Tieton Drive Yakima, Washington (509) 575 -8000 DRIVING 1: Start out going WEST on AIRPORT LN toward S 26TH AVE. 2: AIRPORT LN becomes S 26TH AVE 3: Turn LEFT onto AHTANUM RD. 4: Turn LEFT onto S 16TH AVE. 5: Turn LEFT onto TIETON DR. 6: End at 2811 Tieton Dr Yakima, WA 98902 -3761 Estimated Time: 11 minutes Estimated Distance: 4.37 miles T. a . # �� s14 MAPQVES m { 1 J l lncoln Ave � rat - u Y at I zao'rt Ave Surnmltviiew Ave s < _ 4 leton Dr i t � a k. n Blvd cn LL !rrvA j Yak/ma Air Ave — Terminal /MCalBner fld - W— TP 111 F d Ahtani,m iN N Q 2W91,tapCLI �t JnC Map Data T 20D9 N-VTEO or T,1eAt.A TELEPHONE - 911 3/18/09 \ \Edmdata\proje= \1 148\ 001\FileRm 'R\SAP -QAPP- HASP\Fina!Vtichardson safety evaluation fom.doc LANDAU ASSOCIATES A -9 EMERGENCY TRANSPORTATION SYSTEMS (Fire, Police, Ambulance) — 91 EMERGENCY CONTACTS 1. Beth Clark, Landau Associates (509) 967 -0704, (509) 420 -0888 2. Tom Briggs, Landau Associates 509- 327 -9737 In the event of a serious emergency, do the following: 1. Call for help as soon as possible. Call 911. Give the following infbnnation: X WHERE the emergency is - use cross streets or landmarks X PHONE NUMBER you are calling from X WHAT HAPPENED - type of injury X HOW MANY persons need help X WHAT is being done for the victim(s) X YOU HANG UP LAST - let the person you called hang up first. 2. If the victim cannot be moved, paramedics will transport to the hospital. 3/18/09 \\Ehnda1a\ projects \1148\001\FileRm\R\SAP - QAPP- HASP\Final\Richardson safety evaluation fmm.doc LANDAU ASSOCIATES A -10 1 1 1 1 1 1 1 1 1 1 1 1 1 I have read, understood, and agreed with the information set forth in this Health and Safety Plan (and attachments) and discussed in the Personnel health and Safety briefing. Name Signature Date Name Signature Date Name Signature Date Name Signature Date Ryan Reich Field Geologist Signature Date Beth Clark Office Safety Manager Signature Date Environmental Manager Signature Date Environmental West Exploration Signature Date Personnel Health and Safety Briefing Conducted By: Ryan Reich Name Signature Date 3/18/09 \\Edmdata\ projects \1146 \001\FileRm\R \SAP - QAPP- HASP\Fina]\Richardson safety evaluation form.doc LANDAU ASSOCIATES A -11 EXHIBIT D Yakima County Public Services Letter � L L F I 1 i �1yT •SERVICE • E� • Public Services *t� 128 North Second Street • Fourth Floor Courthouse • Yakima, Washington 98901 (509) 574 -2300 • 1- 800 -572 -7354 • FAX (509) 574 -2301 • wwwco.yakima.wa.us YAlCI MA VERNM. REDIFER, P.E. - Director counrry August 25, 2009 Mr. Douglas Mayo, City Engineer City of Yakima ' 129 North Second Street Yakima, WA 98901 RE: Acceptance of Soil from Richardson Airways Clean -Up Site Dear Mr. Mayo: We are in receipt of the TCLP test results for the Richardson Airways Clean -Up Site as submitted from Landau Associates. Approval has been granted by Yakima County Public Services Solid Waste Division and the Yakima Health District to dispose of this soil at the Terrace Heights Landfill based on the test results provided. A 48 -hour notice is required prior to disposal of this soil. Please phone the Terrace Heights Administrative office at (509) 574 -2450 to arrange disposal. f] Sincerely, Wendy Mifflin Solid Waste Manager Cc: Ted Silvestri, Yakima Health District Yakima County ensures full compliance with Title. VI of the Civil Rights Act of 1964 by prohibiting discrimination against any person on the basis of race, color, national origin, or sex in the provision of benefits and services resulting from its federally assisted programs and activities. For questions regarding Yakima County's Title VI Program, you may contact the Title VI Coordinator at 509 -574 -2300. If this letter pertains to a meeting and you need special accommodations, please call us at 509 -574 -2300 by 10:00 a.m. three days prior to the meeting. For TDD uses, please use'the State's toll free relay service 1- 800 - 833 -6388 and ask the operator to dial 509 -574 -2300. The-tipping-fee will be $9.50 per ton for the soil. If you are intending to bring in, asphalt, it must be shipped separately from the soil and will be charged the garbage fee of $28.00 per ton. Each load will be weighed in -bound and out -bound with a ticket issued for each load based on weight. The Solid Waste Division operates our facility on a cash only basis unless a credit application has been received and approved. Out -of- County contractors are required to submit a $1,000.00 bond in addition to completing the Solid Waste Division credit application. Credit applications take approximately ten (10) days to process. If you have any questions, please feel free to call me at (509) 574 -2455. We look forward to assisting the City of Yakima on this project. f] Sincerely, Wendy Mifflin Solid Waste Manager Cc: Ted Silvestri, Yakima Health District Yakima County ensures full compliance with Title. VI of the Civil Rights Act of 1964 by prohibiting discrimination against any person on the basis of race, color, national origin, or sex in the provision of benefits and services resulting from its federally assisted programs and activities. For questions regarding Yakima County's Title VI Program, you may contact the Title VI Coordinator at 509 -574 -2300. If this letter pertains to a meeting and you need special accommodations, please call us at 509 -574 -2300 by 10:00 a.m. three days prior to the meeting. For TDD uses, please use'the State's toll free relay service 1- 800 - 833 -6388 and ask the operator to dial 509 -574 -2300. L CONTRACT THIS AGREEMENT, made and entered into in triplicate, this 4 day of Nit , 2009, by and between the City of Yakima, hereinafter called the Owner, and Tri-Val ley Construction a Washington Corporation, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $151,269.01, for Richardson Airways Site Cleanup, City of Yakima Project No. 2145, all in accordance with, and as described in the attached plans and specifications and the 2008 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. Work shall start within ten (10) days after the Notice to Proceed and shall be completed in TWENTY (20) working days. The first chargeable working day shall be the 11 th working day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III. 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 heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. ' Countersigned: CITY OF YAKIMA CONTRACTOR thi—sN day of ANZi -ov 20-;�).c� 7��a11� rn. Inc Contra for By: , 4 City M na tiger Attest lar (Print Name) City Clerk Its: Mcea%= (President, Owner, etc.) Address: 100B N. 1st Std a Corporation 55/97 BOND # WAC 41032 KNOW ALL MEN BY THESE PREESENTS: PERFORMANCE BOND BOND TO CITY OF YAKIMA That we,thevndersigned, Tri– Valley Construction, Inc. Corporation as Principal and Merchants Bonding Company a corporation organized and existing -under the laws.of the State of Iowa as a surety corporation, and qualified underihe laws:of the:State of.Washington to become surety upon -bonds of contractors with municipai.corporations, as surety, are jointly and severally held and firmly bound to the CITY OF YAKIMA in the, penal sum of 151 , 269 .01 for thepayment of which sum on demand we bind ourselves and our successors, heirs. administrators or persorrairepresentatives,:as the case may be, This obligation is entered into in pursuance ofthe statutes of the.State of'Washington, the Ordinances of the.CITY OF YAKIMA. DATED•at'Yakima,'Washington, this 3rd day of November , 2009 Never - the -, less, the conditions of the above obligations are such,that: WHEREAS,: pursuant to action taken by the Yakima City Council on .2U—, the City' Manager and City Cleric of•the CITY OF YAKIMAhasteiorisabouttolet tothesaid Tri – Valley onstruction, Inc. .the above boundedprincipal,:a cartainicontract ,:the,said contract being numbered ,and-providingfor Richardson Airways Site (which contract. 'is referred:to herein and is made .a'part hereof as.though attached hereto), and, Cleanup 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 lime set forth; NOW THEREFORE,Iifthssaid Tri– Valley Construction, Inc. s,a..{{tiaf.:! -. 1 _ ...... . f _..:.! ...rytr ., e!-,i ...�_.z„ - ' -t,.i ••'a i� t_zc.:t,wa si�arnl;. aap €�f?T':. �!` :'li #:sir �,:r F: ictric_'tnng•nf time a- 1R2U b J!!P+1 .Afit,t WlY .pgllUrfii dii vl iiitl ui i7Vibivi:u v....i!ci "vi,Fi iiiav r:. 1:... c:a.::u t:c:: :. �? within _: _ :.: v .- - granten under said r+ntract, ;sno'shaii pay ail laborers, ine0lanics, sutr-caiar Ts and mareenaai rneri, and aii.perSOns vvnc snail sup iy swc.,pnn i sub- contractors.with provisions and supplies for the carrying on of said work, and shall hold-said CITY.OF.YAKIMA, their employees, agents; and- elected cr appointed. officials, harmless from any damage occasioned to.any person or property by,reason:of any.carelessness or negligence-on the .part:of'said principal, .or.any sub�coniractor in the performance of said work and shall indemnffyand hold the CITY OF YAKIMAAs.employees,: agents; and "elected or appointed offfcials,.hamtless from any damage or expense; by reason of failure of:performance as specified in said contract or•from defects appearing or developing bn :the matedat or warkmanship,O*Aded or.performed.under said contract period of one-year. after its acceptance thereof by the CITY OF YAKIMA, the anti in that event this obligation shall be v� d; putt r1]rlse 16 and re win full force 'and effec t ri– lev onstru ion. Inc. 57197 (Print Name) Approved 8to forth: / / (' / its: `MY as rer (President Owner, e'c..) i j4X (C*Atbrney) G Merchants Bo nding Company (Sure ' grnham Shelley (Print 'Name) ' its: Attorney –in –Fact 57197 MERCHANTS ' BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under ' the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Traci Sullivan, Shelley Burnham, Tammy McKee ' of Yakima and State of Washington its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such ' instrument shall not exceed the amount of: TWO MILLION ($2.000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or ' undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- ' Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002, ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ' ARTICLE II, SECTION 9 - 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, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed. this 10th day of August . 2009. STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BUNDING COMPANY (MUTUAL) By President On this 10th day of August , 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines. Iowa, the day and year first above written. rk L• CINDY SMYTH J Commission Number 173504 My Commission Expires pow► March 16, 2012 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 3RD day of NOVEMBER 2009 IPOA 0001 (1/09) smkG Co C> 9� : %c rn 1933 ; c; ... \1 Secretary qA. G d 1933 3 ; c; MERCHANTS BUNDING COMPANY (MUTUAL) By President On this 10th day of August , 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines. Iowa, the day and year first above written. rk L• CINDY SMYTH J Commission Number 173504 My Commission Expires pow► March 16, 2012 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 3RD day of NOVEMBER 2009 IPOA 0001 (1/09) smkG Co C> 9� : %c rn 1933 ; c; ... \1 Secretary ACORDM CERTIFICATE OF LIABILITY INSURANCE 11 /03 /20 ' RooucER (509)965 -2090 FAX (509)966 -3454 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Conover Insurance, Inc. (Y) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 125 N. 50t° HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR h Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 10088 Yakima, WA 98909 -1088 INSURERS AFFORDING COVERAGE NAIC # NSURED Tri Valley Construction Inc. INSURERA: Everest Indemnity Insurance. Co. 1008 North 1st Street INSURERB: National Fire Ins. of Hartford Yakima, WA 98901 INSURER C: INSURER D: INSURER E: A ^+r THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE IDDIYY POLICY EXPIRATION LIMITS JN,SR A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 5� OCCUR X Per Project Agg EF4ML00390091 05/10/2009 05/10/2010 EACH OCCURRENCE $ 4,000,00 DAMAGE TO RENTED $ S0,000 MED EXP (Any one person) $ S,000 PERSONAL BADVINJURY $ 4,000,000 X1 Included GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT LOC PRODUCTS - COMP /OP AGG $ 4,000,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 2095456526 05/10/2009 05/10/2010 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY R ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS /UMBRELLA LIABILITY OCCUR FI CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (STOP Des describe under SPECIAL PROVISIONS below (WORKERS EF41141-00390091 GAP /EMPL. LIABILITY) COMP- STATUTORY) 05/10/2009 05/10/2010 �( WC STATU- v( OTH- E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,00 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS e: Project #2145 - Richardson Airways Site Cleanup i of Yakima, City of Union Gap, their agents, employees and elected and appointed officials re named additional insured per form #CG 20 10 07 04 attached. City of Yakima 129 N. 2nd Street Yakima, WA 98901 CORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INS AUTHORIZED REPRESENTATIVE ELLE ITS AGENTS OR REPRESENTATIVES. ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CORD 25 (2001108) r F 1 9 POLICY NUMBER: EF4ML00390 -091 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons} Or Organization(s) : Locations Of Covered Operations 1. An owner of real or personal property on which you are per- forming operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or k roKer; or I 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organiza- tion to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A certificate of insurance evidencing that request has been issued by your authorized insurance agent or broker. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) deslg- -nated above. 1. CG 20 10 07 04 B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 0 FROM TRIURLLEY CONSTRUCTION (FR OOCT 30 2009 14:14/ST. 14:10/No. 6860419650 P 1 CITY OF YAKIMA LIABILITY CERTIFICATE CHECKLIST Contractor: Td- Valley Construction, Inc. Contractor: Richardson Airways Site Cleanup City of Yakima Project No. 2145 1. Carriers admitted in the State of Washington an A -VII or better in �( Best's Guide. 2. Commercial General Liability on an occurrence basis subject to a $1,000,000 limit per occurrence. 3. Automobile includes "Any Auto" and is subject to a $1,000,000 limit. 4. Employers liability shown at a $1,000,000 limit per occurrence. i` F, of \%Takv na I ! of nix, L" p their S n,s efnpio�reav and elec Y and appointed officials are listed as Sri additional insured. 6. Copy of additional insured endorsement included_ 7. Per job aggregate endorsement shown. If not, is a $2,000,000 umbrella limit $1,000,000 shown over underlying? 8. Is the general liability policy subject to a deductible of $5,000 or less? If is by the City. higher, approval required 9. Under cancellation section is "Endeavor to" and "But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" crossed out? Is 20 days '�- or more notice of cancellation shown? Page 2 of 2 STATE OF WASHINGTON) ) ss ' COUNTY OF YAKIMA ) MINIMUM WAGE AFFIDAVIT t I, the undersigned, having been duly sworn, depose, say and certify that in connection with the performance of the work, payment for which this voucher is submitted, I have paid the following rate per hour to each classification of laborers, workmen, or mechanics, as indicated upon the attached list, now referred to and by such reference incorporated in and made an integral part hereof, for all such employed in the performance of such work; and no laborer, workman or mechanic so employed upon such work has been paid less than the prevailing rate of wage or less than the minimum rate of wages as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth ' therein is true to my knowledge and belief. Contractor ISubscribed and sworn to before me on this day of , 200 Notary Public in and for the State of Washington residing at 63/97 PREVAILING WAGE RATES The prevailing rate of wages to be paid to all workmen, laborers, or mechanics employed in the performance of any part of this contract shall be in accordance with the provisions of Chapter 39.12 RCW, as amended. The rules and regulations of the Department of Labor and Industries are by reference made a part of this contract as though fully set forth herein. The current schedule of prevailing wage rates for the locality or localities where this contract ' will be performed, as determined by the Industrial Statistician of the Department of Labor and Industries, are included in these contract documents. Inasmuch as the contractor will be held responsible for paying the prevailing wages, it is imperative that all contractors familiarize themselves with the current wage rates, as determined by the Industrial Statistician of the Department of Labor and Industries, before submitting bids based on these specifications. ' In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State and his ' decision therein shall be final and conclusive and biding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. Current prevailing wage rules and data can be furnished by the Industrial Statistician upon request. You may ' submit your request to: 1 65/97 Department of Labor and Industries ' ESAC Division PO Box 44540 Olympia, Washington 98504 -4540 Telephone: 360-902-5335 1 65/97 BENEFIT CODE KEY - EFFECTIVE 09 -02 -2009 OVERTIME CODES OVERTIME CALCULATIONS ARE BASED ON THE HOURLY RATE ACTUALLY PAID TO THE WORKER ON PUBLIC WORKS PROJECTS, THE HOURLY RATE MUST BE NOT LESS THAN THE PREVAILING RATE OF WAGE MINUS THE HOURLY RATE-OF THE COST OF FRINGE BENEFITS ACTUALLY PROVIDED FOR THE WORKER ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE -HALF TIMES -THE HOURLY RATE OF WAGE. A. ALL HOURS WORKED ON SATURDAYS, SUNDAYS AND HOLIDAYS SHALL ALSO BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. B. ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. C. 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 HOURLYRATE 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 LABORDAY, 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. 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 - HALFTIMES 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. L. 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. 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 DO UBLE THE HOURLY RATE OF WAGE. O. THE FIRST TEN (10) HOURS WORKED ON SATURDAY SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS, HOLIDAYS AND AFTER TWELVE (12) HOURS, MONDAY THROUGH FRIDAY, AND AFTER TEN (10) HOURS ON SATURDAY SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. P. ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS IF CIRCUMSTANCES WARRANT) AND SUNDAYS SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. 66/97 Ll L r 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 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 APROVAL ON A SCHEDULED WORKDAY DURING THE WORKWEEK -SHALL ' BE PAID AT THE STRAIGHT= TIME.RATE UNTIL THEY HAVE WORKED 8 4 HOURS IN A DAY (10 IN AA X 10'WORKW,EEK) OR; 40 HOURS' DURING THAT WORKWEEK.) ALL HOURS. WORKED - MONDAY THROUGH SATURDAY OVER TWELVE (12)'HOURS AND ALL-HOURS WORKED ON SUNDAYS AND LABOR DAY SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. Z ALL HOURS WORKED•ON SATURDAYS AND SUNDAYS SHALL BE_PAID AT ONEAND ONE- HALFTIMES 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 O_ R FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE BENEFIT CODE KEY - EFFECTIVE 09 -02 -2009 AND ONE -HAt F'TIMES'THE HOURLY RATE OF WAGE. -2- 1. Q. THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAYAND UP TO TEN, (10) AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE'OF WAGE. 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 ' C. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. WORKED `ON SUNDAYS AND HOLIDAYS (EXCEPT CHRISTMAS' DAY) SHALL BE PAID AT DOUBLE THE.HOURLY RATE ALL HOURS WORKED'ON'HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE: OFWAGE. 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).HOVRS AFTER'EIGHT (8) REGULAR "HOURS'MONDAY THROUGH FRIDAY ANIA THE FIRST EIGHT '(8) 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 TIMESTHE HOURLY. RATE OP WAGE. T. WORK PERFORMED IN EXCESS'OF EIGHT (8) HOURS OF STRAIGHT TIME PERDAY, OR TEN'(10) HOURS OF STRAIGHT TIME 'PER DAY WHEN' FOUR TEN (10) HOUR SHIFTS ARE ESTABLISHED, OR'FORTY'(40) HOURS -OY STRAIGHT TIME PER WEEK "MONDAY THROUGH.FRIDAY, OROUTSIDE 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:OO,PM SATURDAY,TO 6:00 AM MONDAY AND HOLIDAYS,SHALL BE -PAID AT DOiJ$LE THE' STRAIGHT TIME RATE OF PAY.. THE - EMPLOYER SHALL HAVE THE SOLE DISCRETION TO ASSIGN OVERTIME WORK TO EMPLOYEES. PRIMARY CONSIDERATION, FOR OVERTIME.WORK'SHALLBE'GIVEN TO EMPLOYEES REGULARLY ASSIGNED TO THE WORK TO BE PERFORMED.ON OVERTIME:SEIUATIONS. AFTER.AN EMPLOYEE HAS 'WOk'kED EIGHT (8) HOURS AT AN APPLICABLE-0 V ERTIME 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 AND ONE- HALFTIMES THE HOURLY RATE OF WAGE: ALIL•HOURS WORKED ON SUNDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALLBE PAID AT TWO TIMES ' THE HOURLY RATE OF WAGE. ALL "HOURS WORKED ON LABOR DAY SHALL BE PAID AT THREE. TIMES THE HOiJRLYRATE OF WAGE. V. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS (EXCEPT THANKSGNING 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 pF. THE• EMPLOYER)) SHALL BE, PAID ATONE AND, ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL ' HOURS.WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE'THE HOURLYRATE'OF -WAGE. X. THE FIRST FOUR (4) HOURS AFTER EIGHT '(8) REGULAR HOURS MONDAY, THROUGH FRIDAY AND THE - FIRST TWEL'VE:_(12) HOURS ON SATURDAY SHALL BE PAID AT ONE AND' ONE - HALFTIMES 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 WORKPERFORMED SHALL BETAID 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 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 APROVAL ON A SCHEDULED WORKDAY DURING THE WORKWEEK -SHALL ' BE PAID AT THE STRAIGHT= TIME.RATE UNTIL THEY HAVE WORKED 8 4 HOURS IN A DAY (10 IN AA X 10'WORKW,EEK) OR; 40 HOURS' DURING THAT WORKWEEK.) ALL HOURS. WORKED - MONDAY THROUGH SATURDAY OVER TWELVE (12)'HOURS AND ALL-HOURS WORKED ON SUNDAYS AND LABOR DAY SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. Z ALL HOURS WORKED•ON SATURDAYS AND SUNDAYS SHALL BE_PAID AT ONEAND ONE- HALFTIMES THE HOURLY ' RATE,OF WAGE.. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID THE. STRAIGHT:TIME RATE -OF PAY IN ADDITION TO HOLIDAY PAY. 1 67/97 2. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY O_ R FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE -HAt F'TIMES'THE HOURLY RATE OF WAGE. A. THE FIRST SIX (6) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF -WAGE. ALL HOURS WORKED IN EXCESS OF SIX (6) HOURS ON SATURDAY. AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE'OF WAGE. B. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. C. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED'ON'HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE: 1 67/97 BENEFIT CODE KEY - EFFECTIVE 09- 02-2009 -3- D. ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. THE FIRST EIGHT (8) HOURS WORKED ON HOLIDAYS SHALL BE PAID AT STRAIGHT TIME IN ADDITION TO THE HOLIDAY PAY: ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS ON HOLIDAYS SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. E. ALL HOURS WORKED ON SATURDAYS OR HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS OR ON LABOR DAY SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. F. THE FIRST EIGHT (8) HOURS WORKED ON HOLIDAYS SHALL BE PAID AT THE STRAIGHT HOURLY RATE OF WAGE IN ADDITION TO THE HOLIDAY PAY. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. G. ALL-HOURS WORKED ON SUNDAY SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON PAID HOLIDAYS SHALL BE 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. I, ALL HOURS WORKED ON SATURDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT ONE AND ONE - HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND ON LABOR DAY SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. J. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE_ ALL HOURS WORKED ON PAID HOLIDAYS SHALL BE PAID AT TWO AND ONE -HALF TIMES THE HOURLY RATE OF WAGE, INCLUDING THE HOLIDAY PAY. ALL HOURS WORKED ON UNPAID HOLIDAYS SHALL BE PAID AT TWO 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. L. ALL HOURS WORKED ON. SATURDAYS (OR ON THE REGULAR DAY OFF DURING A WORKWEEK OTHER THAN MONDAY THROUGH FRIDAY) AND HOLIDAYS SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE, EXCEPT LABOR DAY WHICH SHALL BE PAID AT DOUBLE THE HOURLY RATE. ALL HOURS WORKED MONDAY THROUGH SATURDAY OVER TWELVE (12) HOURS AND ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. M. ALL HOURS WORKED ON SATURDAYS, SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. O. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. P. THE FIRST EIGHT (8) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE -HALF TIMES THE, HOURLY RATE OF WAGE. ALL HOURS WORKED IN I EXCESS OF EIGHT 8) HOURS ON SATURDAY AND ALL, HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. Q. ALL HOURS WORKED ON LABOR DAY SHALL BE PAID AT DOUBLE,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. S. 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, EXCEPT THE DAY AFTER THANKSGIVING, THE DAY AFTER CHRISTMAS AND A FLOATING HOLIDAY, WHICH SHALL BE PAID AT THE STRAIGHT TIME RATE IF WORKED, N ADDITION TO HOLIDAY PAY. T. ALL HOURS WORKED ON SUNDAYS ,SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT TWO AND ONE -HALF TIMES THE HOURLY RATE OF PAY, AND THIS RATE SHALL INCLUDE HOLIDAY PAY. 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. V. ALL HOURS WORKED ON SATURDAYS AND ON MAKE -UP 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. 68/97 4A ALLHOURS WORKED INEXCESS' OF EIGHT•,(8) HOURS SPER DAYAR FORTY (40) HOURS PER WEEK SHALL BE PAID AT DOUBILE CODE KEY - EFFECTIVE 09- 02009 tBENEFIT DOUBLE`THE HOURLY RATE OF WAGE. W. THE FIRST TWO (Z) HOURS' AFTER EIGHT (8) REGULAR. HOURS MONDAY THROUGH FRIDAY AND THE FIRST EIGHT (8) HOLIDAY "CODES' HOUR$ ON SATURDAY;SHAIZ BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE,`OF WAGE. ALL OTHER HOURS WORKED MONDAY THROUGH SATURDAY; AND,ALLYHOURS WORKED ON•SUNDAYS AND I-IOLIDAYSSHALL BE PAID AT'DOUBLE THE HOURLY RATE OF WAGE. ON A FOUR -DAY, TIN- HOUR'WEEKLY SCHEDULE; EITHER, MONDAY THRU THURSDAY :OR TUESDAY 'THRU FRIDAY SCFIEDUI:E, ALL -HOURS WORKED,AFTHR _TEN SHALL BE PAID: AT AFTERTHANKSGTVINgDAY, AND•CHRISTMAS'DAY, (7). DOUBLE THE HOURIY'RATE OF'WAGE: THE FIRST EIGHT (8) 'HOURS WORKED1ON;THE'FIF -M DAY SHALL BE PAID AT B. ONE,AND QNE -HAi F TIMES THE' i30_URLY RATH OF WAGE.. ALI..OTfiER HOURS: R!ORKHD`.-ON; THE FIFTH, SDCI H,. AND SEVENTH 'DAYS ANDON HOLIDAYS SHALL BE PAID AT DOUBLE T HE•.HOURDY'RATEOF'WAGE. AFTER THANKS, GIVINQ.DAY, THE DAY BEFORE-CHRISTMAS, AND CHRISTMAS DAY'(8). X. ALL HOURS WORKED MONDAY THROUGH FRIDAY BETWEEN THE'HOURS OF 6 ;00P.M. ANDt6:00 A.M. AND 'ALL HOURS C, ON'SATURDAYS SHALL BE PAIDAT ONE AND ONE - HALF TIMES THE'HOURI;Y.RATE'OF`WAGE. ,ALL HOURS WORKED.ON ' SUNDAYS AND HOLIDAYS SkXLL-BE PAID AT DOUBLE THE HOURLYRATE OF WAGE. 4A ALLHOURS WORKED INEXCESS' OF EIGHT•,(8) HOURS SPER DAYAR FORTY (40) HOURS PER WEEK SHALL BE PAID AT DOUBILE 69/97 THE'HOURLY RATE OF WAGE. ALL HOURS WORKED ON SATURDAYS, SUNDAYS AND _ HOLIDAYS SHALL,BE PAID AT ' DOUBLE`THE HOURLY RATE OF WAGE. HOLIDAY "CODES' HOLIDAYS: 'NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY; LABOR DAY'THANKSGIVIN G DAY, FRIDAY; AFTERTHANKSGTVINgDAY, AND•CHRISTMAS'DAY, (7). B. HOLIDAYS: NEW YEAR'S DAY; MEMORIAL DAY; INDEPENDENCE DA-Y,-LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKS, GIVINQ.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,FMDAY AFTERTHANKSGIVING DAY; AND CHRISTMAS DAY (8). D. HOLIDAYS; NEW YEAR'S DAY, MEMORIAL .DAY, INDEPENDENCE- "DAY' TABOR DAY, THANKSGIVING'DAY,' THE ' FRIDAY AND:SATURDAY AFTER. THANKSGIVING "DAY,AND,`.CHRISTMAS DAY (8).- E. HOLIDAYS: NEW 'YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY; INDEPENDENCE DAY, PRESIDENTIAL ELECTION DAY; THANKSGIVING DAY; THE FRIDAY AFTERTHANKSGIVING DAY AND:CHRISTMAS DAY (8): F. 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 THAN_ KSGIVING 'DAY, AIVD:CHRISTMAS G. HOLIDAYS'. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE "DAY, LABOR DAY,' THANKSGIVING_ DAY, THE LAST'WORICDAY BEFORE CHRISTMAS DAY, AND_CHRISTMAAS.DAY (7): H. HOLIDAYS: NEW YEARS DAY., MEMORIAL DAY INDEPENDENCE DAY THANKSGIVING' DAY, THE _DAY AFTER THANKSGIJING°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 THANKSGIVING DAY, 'THE;DAY BEFORE CHRISTMAS; ANDCHRISTTvIAS;DAY (9)• ' L HOLIDAYSi NEW YEAR'S DAY, MARTIN LUTHER KING JR. DAY, MEMORIAL' DAY, INDEPENDENCE DAY; LABOR DAY, ..THA' NKSGIVING DAY, FRIDAY AFTERT'HANKSGIVING DAY-,.AND,CHRISTMAS DAY (8). M., HOLIDAYS: 'NEW'YEAR'S DAY, MARTIN LUTHER KING JR. DAY, MEMORIAL DAY, INDEPENDENCE DAY; LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING* DAY, 'THE DAY BEFORE CHRISTMAS AND CHRISTMAS ' DAY (9). N. HOLIDAYS: NEW YEAR'S, DAY, PRESIDENTS' DAY MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS• DAY, TT3ANKSGNINCrDAY,.THE FRIDAY AFTER THANKSGIVING D4Y „AND CHRISTMAS DAY:(9). P. HOLIDAYS; NEW YEARS DAY., MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AND SATURDAY AFTER THANKSGIVIN G DAY, THE DAY BEFORE CHRISTMAS, ,AND CHRISTMAS. DAY (9). IF A HOLIDAY FALLS -ON SUNDAY, THE FOLLOWING MONDAY SHALL BE CONSIDERED -AS' A HOLIDAY. 1 69/97 5. '6. BENEFIT CODE KEY - EFFECTIVE 09- 02.2009 -5- Q. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR'DAY, THANKSGIVING DAY, AND CHRISTMAS DAY,'(6). R. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL, DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING, DAY, DAY AFTER - THANKSGIVING DAY, ONE -HALF DAY.BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY. (9 1%2). S.; PAID -HOLIDAYS: NEW YEARS 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, INDIEPEN EN DA DCE'Y, LABOR DAY, THANKSGIVING DAY; THE FRIDAY AFTERTHANKSGIVING DAY, CHRISTMAS DAY , AND THE DAY'BEFORE OR AFTER CHRISTN&S'(9). U. PAID HOLIDAYS: NEW YEAR'S DAY, MARTIN LUTHER KING JR. DAY, PRESIDENTS' .DAY; MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY.THANKSGIVING DAY, AND CHRISTMAS DAY (8). V. PAID HOLIDAYS: SIX (6):PAID HOLIDAYS. W. PAID. HOLIDAYS: NINE (9) PAID HOLIDAYS. X. HOLIDAYS: AFTER 520 HOURS - NEW YEAR'S DAY, THANKSGIVING DAY AND'CHRISTMAS'DAY, AFTER 2080 HOURS NEW YEAR'S DAY,, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, CHRISTMAS DAY AND A.FLOATING HOLIDAY (8). Y. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY; PRESIDENTIAL. ELECTION DAY, THANKSGIVING DAY, THE FRIDAY FOLLOWING THANKSGIVING DAY, AND CHRISTMAS DAY (8). Z.- HOLIDAYS: NEW YEAR'S DAY MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY VETERANS DAY; THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY: (8). 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). B. PAID HOLIDAYS: NEW YEAR'S, EVE DAY, NEW "YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE.DAY,.LABOR DAY; THANKSGIVING DAY, THE.FRIDAY.AFTERTHANKSGIVING DAY, CHRISTMAS EVE'S DAY, AND CHRISTMAS DAY (9). C, HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY 'MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THAN KSGIVING,DAY THE'DAY AFTER THANKSGIVING, DAY; THE LAST WORKDAY'BEF.ORE CHRISTMAS DAY; AND CHRISTMAS ;DAY,(9). D. PAID HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY; INDEPENDENCE 'DAY; LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY THE DAY BEFORE OR THE DAY AFTER CHRISTMAS DAY,(9). 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' L/2). F. PAID' HOLIDAYS_: NEW YEAR'S DAY; MARTIN LUTHER KING JR. DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS' DAY, THANKSGIVING DAY, THE-DAY AFTER.THANKSGIVING DAY, AND CHRISTMAS DAY (11). 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'HOLWAYS: 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), J. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, THE DAY AFTER CHRISTMAS, AND A FLOATING HOLIDAY (9). L. 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)' 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. 70/97 1 71/97 BENEFIT CODE KEY - EFFECTIVE 09- 02-2009 ' -6- T. PAID HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY., MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, THE LAST WORKING DAY BEFORE t CHRISTMAS DAY,,AND CHRISTMAS DAY (9). U. HOLIDAYS: NEW YEAR'S DAY, DAY BEFORE NEW YEAR&DAY, MEMORIAL DAY,. INDEPENDENCE DAY, LABOR .DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS DAY, CHRISTMAS DAY (9). V, PAID HOLIDAYS: NEWYEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS EVE DAY, CHRIST" DAY, AND'-ONE DAY OF THE EMPLO.YEE S CHOICE (9). ' W. PAX) HOLIDAYS: NEW YEAR'S DAY, DAY BEFORE NEW YEAR'S DAY, PRESIDENTS DAY,, MEMORIALDAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS DAY,'DAY BEFORE OR AFTER CHRISTMAS DAY (10). It 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,.C,HRISTMAS DAY, DAY BEFORE- ORAFTER CHRISTMAS DAY, EMPLOYEES BIRTHDAY (11). Y. PAID.HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, I:ABOR DAY, THANKSGIVIN G- DAY, FRIDAY AFTER THANKSGIVING' DAY, CHRISTMAS DAY, AND A .FLOATING ' HOLIDAY (9). Z.. HOLIDAYS: NEW YEARS DAY, MEMORIAL DAY,,INDEPENDENCE DAY,.LABORDAY, 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 MONDAYSHALL BE'CON$IDERED AS THE HOLIDAY. 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' TO100' - $2.00'PERFOOT FOR EACH FOOT OVER 50 FEEL' OVER 100' TO' 150' _ $3 PER FOOT FOR EACH FOOT OVER 100 FEET ;00 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 F60T OVER 50 FEET t OVER 100' TO 15V - $1.50 PER FOOT FOR EACH FOOT OVER 100 FEET OYER 150' TO 200'- $2.00 PER FOOT FOR EACH FOOT OVER 150 FEET OVER 200'.- DIVERS MAY NAME'THEIR OWN PRICE D. WORKERS`WORKINO WITH SUPPLIED AIR ON HAZMAT. PROJECT'S RECEIVE AN ADDITIONAL $1.00 PER HOUR L.- WORKERS ON'HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A: 50.75, LEVEL B: $0.50,AND LEVEL C: $0.25. M.. WORKERS ON HAZMAT PROJECT`S RECEIVE ADDITIONAL HOURLY PREMIUM&AS FOLLOWS: LEVELS A & B> $I A0, ' '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: $2.0% CLASS B,SUIT:'$1.50, CLASS C SUIT: $1.00, AND CLASS D SUIT $0.50. 1 71/97 State of Washington DEPARTMENT OF LABOR AND INDUSTRIES Prevailing Wage Section - Telephone (360) 902 -5335 PO Box 44540, Olympia, WA 98504 -4540 Washington State Prevailing Wage Rates For Public Works Contracts The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate:of fringe benefits. - On public vwrks projects, yro_rkers' wage and benefit`rates must add to not less than this total. A'brief description_ of overtime, calculation requirements is provided -on the'Benefit Code Key. YAKIMA COUNTY EFFECTNE:09 -02 -2009 72/97 (See Benefit,Code Key), 'Over PREVAILING, Time Holiday Note Classification WAGE Code- Code Code ASBESTOS,ABAT.EMENT WORKERS JOUR NEYLEVEL $31;61 1H 5D BOILERMAKERS JOURNEY LEVEL $53.61 1C 5N BRICK AN D, MARBLE; MASONS JOURNEYLEVEL $38.62 1M SA CABINETMAKERS (IN SHOP) JOURNEY�LEVEL $%24 1 CARPENTERS ACOUSTICAL WORKER $37,22 1M 5D BRIDGE, DOCKAND WARF CARPENTERS $47.36 1M 5D CARPENTER $37.22 1M, 5D CREOSOTED MATERIAL $37.22 1M 5D DRYWALL APPLICATOR $37.22 1M 5D FLOOR FINISHER $37.22 1M '5D FLOOR LAYER $37,22 1M 5D FLOOR SANDER $37.22 1M 5D ,MILLWRIGHT $48:36 1M 5D PILEDRIVERS, DRIVING, PULLING, PLACING,COLLARS AND WELDING $47.56 1M 51D SAINFILER $37,22 1M 5D SHINGLER $37,22 1M 5D STATIONARY POWER SAW OPERATOR $37.22 1M' 5D STATIONARY WOODWORKING TOOLS $37.22 1M 5D CEMENT MASONS JOURNEY LEVEL $35.30 IN 5D DIVERS &'T.ENDERS DIVER 3100.28 1M 5D 8A DIVER ON STANDBY $56:68 1M 5D DIVER TENDER $52.23 1M 5D SURFACE RCV & ROV OPERATOR $52.23 1.M 5D" SURFACE RCV & ROV OPERATOR TENDER $50.72 1B 5A DREDGE WORKERS ASSISTANT ENGINEER $49,57 IT 5D 8L ASSISTANT MATE (DECKHAND), $49;06 IT 5D 8L BOATMEN $49.57 IT 5D 81- ENGINEER WELDER $49.62 IT 5D 81- LEVERNMAN, HYDRAULIC $51.19 1T 5D 8L MAINTENANCE $49,06 it 51J 8L MATES $49,57 IT 5D 8L OILER $49;19 IT 5D 8L DRYWALL TAPERS - JOURNEY LEVEL $31,71 iP 5A Pagel 72/97 YAKIMk COUNTY EFFECTIVE 09-02 -2009 (See Benefit Code Key), OVer PREVAILING- Time Hdidiy. Note Classification WAGE 'Code Code Code ELECTRICAL FIXTURE MAINTENANCE>WORKERS JOURNEY LEVEL $20.99 1 ELECTRICIANS - INSIDE CABLESPLICER $51,64 1E 5A, JOURNEY LEVEL $49:84. 1E 5A WELDER $53.44 1E 5A ELECTRICIANS - MOTOR SHOP CRAFTSMAN $15.37 .2A 6C JOURNEY LEVEL $14,69 2Ay 6C ELECTRICIANS - POWERLINE CONSTRUCTION! `CABLE SPLICER $59.79 4A, $A CERT.IFIEDLINE\NELDER $54.59 4A 5A GROUNDOERSON $39.07 4A. 5A HEAD GROUNDPERSON $4,1,22 4A 5A HEAVy`LINE, EQUIPMENTOPERAT9R: $54:59 4A. SA JACKHAMMER- OPERATOR, $4j,22 4A,. SA JOURNEY LEVEL LINEPERSON $54'.59 4A 5A LINEEOUIPMENTOPERATOR' $46'33 4A. 5A, POLE,SPRAYER $54:59 4A- 5A POWDERPERSON $41.22 4A_ 5A ELE_CTRONIGTECHNICIANS ELECTRONIC-',TECHNICIANS JOURNEY LEVEL $23.40 1 ELEVAT,O RICO NSTRUCTOR S MECHANIC- $64.81 4A, 6Q MECHANIC A CHARGE $70:60 4A. 6Q FABRICATED P.RECAST.CONCRETE'PRODUCTS` CRAFTSMAN $8.72 1 LABORER $8:55 1, FENCE ERECTORS FENCEERECTOR $21.64 1 FLAGGERS JOURNEY LEVEL $29.65 1H 5D GLAZIERS. JOURNEY LEVEL "$22,43 18 61 HEAT -e FROST INSULATORS AND,ASBESTOS,WORKERS MEGHANIc. $23:18 i HEATING EQUIPMENT MECHANICS MECHANIC: $13:91 1 HOD CARRIERS B MASON TENDERS JQ,URNEYLEVEL $32:55 1H 5D' INDUSTRIAL ENGINEAND MACHINE MECHANICS MECHANIC $15:65 1 INDUSTRIAL POWER VACUUM CLEANER - JOURNEY LEVEL $924 1 INSPECTION/CLEANINGISEALING.OF SEWERS WATER.SYSTEMS BY REMOTE CONTROL '-_ - CLEANER "OPERATOR,.FOAMER OPERATOR $9.73 1 GROUT TRUCKOPERATOR $11.48 1 HEAD OPERATOR $_12.78 1 TECHNIGAN $8:55 1 TV TRUCK OPERATOR $10,53 1 Page 2 73/97 YAKIMA COUNTY EFFECTIVE 09-02 -2009 74/97 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code I NIS0LATION APPLICATORS JOURNEY LEVEL $32.91 1 IRONWORKERS JOURNEY LEVEL $48,72 10 5A LABORERS ALL CLASSIFICATIONS $18.12 1 LABORERS - UNDERGROUND SEWER & WATER GENERAL LABORER $31.61 1H 5D PIPE LAYER $32.16 1H 5D LANDSCAPE CONSTRUCTION IRRIGATION,OR LAWN SPRINKLER INSTALLERS $9.00 1 LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS $15:45 1 LANDSCAPINGOR'PLANTING LABORERS $9.00 1 LATHERS JOURNEY LEVEL $37.22 1M 5D METAL FABRICATION (IN -SHOP) FITTER $12.00 1 LABORER $10.31 1 MACHINE OPERATOR $11:32 1 PAINTER $12.00 1 WELDER $11._32 1 MODULAR BUILDINGS_ JOURNEY LEVEL $14.11 1 PAINTERS JOURNEY LEVEL $20.05 1 PLASTERERS JOURNEY,LEVEL $46:63 1R 5B. PLAYGROUND & PARK EQUIPMENT INSTALLERS JOURNEY LEVEL $8.55 1 PLUMBERS S PIPEFITTERS JOURNEY'LEVEL $61.24 2V 5A POWER EQUIPMENT OPERATORS. ASSISTANT ENGINEERS $47:12 IT 5D 8P. BACKHOE, EXCAVATOR SHOVEL, OVER 50 METRIC TONS TO 90,METRIC $50.94 IT 5D 8P TONS BACKHOE, EXCAVATOR SHOVEL.OVER 90 METRIC TONS $5.1.51 IT 5D 8P BACKHOE,_EXCAVATOR, SHOVEL, OVER 30 METRIC TONS TO56, $50.39 IT 5D 8P METRIC TONS BACKHOE, EXCAVATOR, SHOVEL, TRACTORS'UNDER 15 METRIC TONS $49.48 IT 5D 8P BACKHOE, EXCAVATOR; SHOVEL, TRACTORS: 15 TO 30 METRIC TONS $49.90 17 5D bP BARRIER MACHINE (ZIPPER) $49:90 IT 5D 8P BATCH,PLANT OPERATOR, CONCRETE_ $49.90, IT 5D 8P BELT LOADERS (ELEVATING TYPE) $49:48 IT 5D_ 8P BOBCAT (SKID STEER) $47.12 1T 5D 8P BROKK- REMOTE DEMOLITION EQUIPMENT $47.12 1T 5D 8P BROOMS $47.12 IT 5D 8P BUMP CUTTER $49;90 IT 5D 8P CABLEWAYS, $50.39 IT 5D 8P CHIPPER $49:90 IT 5D 8P COMPRESSORS. $47.12 IT 50 8P CONCRETE FINISH MACHINE - LASER SCREED $47,12 IT 5D 8P CONCRETE PUMPS $49.48 IT 5D 8P Page 3 74/97 YAKIMA COUNTY EFFECTIVE 09-02-2009 (See Benefit Code Key), Over. PREVAILING, 'Time Holiday, Nbtd Classifibabon WAGE' Code code Code CONCRETE PUMP:T.Ru+cK mouNTWITk,e66IWATTACkMENT IT 5D - 8P CONVEYORS $49.48 IT 5D 8P CRANE, FRICTION 100 TONS-THROUGH 199 TONS IT Sp 8P CRANE, FRICTION- OVER-200 TONS $52.'07 IT 5EY 8P CRANES, T0FW_i§7bNS; WITH _A ATTACHMENTS `46 $4 IT 56 8P 7 CRANES, _26:_44 TONS,WITH ATT , -ACHME NTS $49.90 IT 5D AP CRANES, 45TdKSm--99 TONS-, -UNDER 1'50 FT OF_-BobM (WccublNG JIB 00"39 1T SD 8P7 CRAKEEbJ60 tONd,,i9'9l*6N*S, OR 15'0'--FT,6F`B60_M (INCLUDING JIB $50.94 it 66 8P WITH ATTAC.HMENTS) CRANES,:200 TONS 70.300-TONS.-1 OR 250,17T OF,BOOM-(INCLUDING JIB' $51.51 IT 5D 8p. W!TRATTACHMENTP)- CRANES;A*RAME, 10 TON AND.UNDER: $47:12 IT 5D 8P CRANES, A-FRAME, OVER 10 TON $,49F.;48 IT .8P 'CRANES OVER.300 TONS, OR 300'OFBOO.M INCLUDING Jl$'WITH - $52107 IT 5D, 8P AfTXCH�E`Nti CRANES, OVERHEAD; B* R I DGETYP E (20 - 44 T -0 RS-) $49:90 IT 56 8P CRANES, OVERHEAD; BRIDGE TYPE-(45 -'66 TONS) IT 6b 8p ,Y'PE,(l , 00 1 TONS OVER), . -T- CRANES, OVERHEAD,' BRIDGE $50.94 . . 1 . T . 1 5 1 D' 8p CRANES., TOWER CRANE UP TO 175- IN HEIGHT; BASE TO BOOM $50;94 1T .5D 8P CRANESJOWER CRANE-OVER1751 IN.H.EIGHT1, BASE TO BOOM $51,.51 IT 15D BP CRUSHERS 's49:90 IT SD, 8P. DECK ENGINEER/DECK WINCHES (POWER) $49,.90 IT 5Q 8P* DE0lbK,,bUiLDINb' $ , 50:39 IT 50 1 sp DOZERS; D-9 MJNDER $49.48 it 56 6P, DRILL,OILERS -AUGER TYPE; TRUCKOR CRANEMOUNT $49.48 IT 5D 8P, DRILLING MACHINE $46:60 IT 5p, BPI ELEVATOR AND MANLIFT,,PERMANEINT AND SHAFT-TYPE, $47.12 IT 50r. §P EQU-10MENT'SERVIOE ENGINEER (OILER), WAS IT 5D 8P FINISHING , MAdHNbBJ DWELL GAmAdo AND SIMILAR EQUIP $49':90 IT. SD 8P FORKLIFTS, (3000 LBS AND -OVER) $4948, IT 5D 8P FORK LIFTS, .(UNDER 3000 LBS) $47..112 1T 5D BP GRADE-ENGINEER $49148 IT 5D BP ,PECH ' ECKERAND ST KEMAN PRA - A $47.12 IT 513' BF1, QUARDRAiL:PUlNcH $49.90 IT :5D 8P HOISTS, OUTSIDE (ELEVATORS AND MANLIFtS), AfR,TUGGERS t49.48 it 5D 8P 6 kii6N TA Lid IR EC T. I ON A-L DRILL LO, C-A TO R $49;4,8 1 , T 5D BP HORIZONTAL/DIRECTIONAL DRILL OPERATOR $49.90 IT 5D BPI HYDRALIFT SMOOM TRUCKS (10 TON &;UNDER) $47' 2 IT .5Q BP HYDRA'LIFTS/BOOM TRUCKS (OVER 10 1 TON). $49.L,48 IT 5D BPI LOADERS, OVER H EAb- 6 Y D -.'UPTOBYD) $50�39 IT 5D 8P LdAbERb',bVEllRHEAbo Yd,&;_0_VE'R) '$56:'94 IT 5D - 8 . P LOAdER_Sj,OVffRHlt4D (UNDER b YD), PLANT FEED- $A9':90 IT _66 '80 LOCOMOTIVES,, ALL- $49:90 IT 5D 8P MECHANICS,,ALL $50'94 1T 5D_ 8P .MIXERS, ASPHALT'PLANT $419-190 IT .5D 8P Moto,tz,PAT0.6L.dk-A6EA-(FINISHING) $50.89 1T 5 - D P MbtbR'.PATObL-,GiRADER;(NON-FINISHING) IT 51]1 8P mbbkiNd MACHINE, MOLE, TUNNEL DRILL-AND/OR'SHIELD $.5039 1T _SD 80' OIL DISTRIBUTORS; BLOWER DISTRIBUTION AND'MULCH SEEDING $4712 IT 5D 8P OPERATOR_ PAVEMENT BREAKER $47-.-12 IT 5D. 8P_ PILEDRIVER (OTHER THAN CRANE=UNT) $49.90 IT 5D, BID: Page'4 75/97 YAKIMA COUNTY EFFECTIVE.09 -02 -2009 Page 5 76/97 (See Benefit Code Key) Over PREVAILING Time Holiday Nate Classification WAGE Code Code Code PLANT OILER (ASPHALT, CRUSHER) $49:48 IT 5D 8P POSTHOLE DIGGER, MECHANICAL $47:12 1T 5D 8P, POWER PLANT $47:12 1T 5D 8P PUMPS; WATER $47:12 1T 5D 8P OUAD,9,.D-10, AND HD-41' $50.39 1T 5D 8P QUICK TOWER- NO, CAB, UNDER 100 FEET IN ,HEIGHT BASED TO. BOOM $47,12 1T 5D 8P REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING $50:3.9 IT 5D 8P EQUIP RIGGER AND BELLMAN $47.12 IT 5D 8P ROLLAGON $50.39 IT 5D 8P ROLLER', OTHER THAN PLANT ROAD MIX $47.12 IT 5D 8P ROLLERS, PLANTMIXOR MULTILIFT MATERIALS $49:48 IT 501 8P ROTO -MILL, ROTO- GRINDER $49.90 IT 5,D 8P SAWS, CONCRETE $49:48 IT 5D 8P SCRAPERS -'SELF PROPELLED,.HARD TAIL END DUMP, ARTICULATING $5.0.39 it 5D 8P OFF -ROAD EQUIPMENT (45 YD,AND'OVER) SCRAPERS, CONCRETE AND CARRY ALL $49:48 IT 5D 8P_ SCREED MAN $50.39, IT 5D 8P SHOT,CRETE GUNITE $47.12 IT 5D 8P' SLIPFORM PAVERS $50.39 IT 5D 8P SPREADER, TOPSIDER & SCREE DMAN $50.39 IT 5D 8P SUBGRADE TRIMMER $49.90 IT 5D 8P TOWER BUCKET ELEVATORS $49.48 IT 5D 8P TRACTORS;;(75 HP& UNDER) $49.48 IT 5D 8P TRACTORS,.(OVER 75 HP) $49:90 IT 5D 8P TRANSFER,MATERIAL SERVICE MACHINE $49.90 IT 5D 8P TRANS PORTERS; ALLT RACK OR TRUCK TYPE $50:39 IT 50 '8P TRENCHING MACHINES $49:48 IT SD 8P TRUCK CRANEOILER /DRIVER'(_UNDER,100TON)' $49.48 IT 5D 8P TRUCK CRANE,OILER /DRIVER (100 TON &•OVER) $49:90 IT 5D 8P TRUCK MOUNT PORTABLE CONVEYER $49.90 IT 5D 8P WHEEL TRACTORS, FARMALL TYPE $47.12 IT 5D 8P YO YO PAY DOZER $49:90 IT 5D 8P POWER EQUIPMENT OPERATORS- UNDERGROUND SEWER & WATER (SEE POWER EQUIPMENT OPERATORS) POWER LINE CLEARANCE TREE TRIMMERS, JOURNEY LEVEL I_N CHARGE. $39:33 '4A 5A SPRAY PERSON $37:24 4A, 5A" TREE.EQUIPMENTOPERATOR, $37.85 4A 5A TREE TRIMMER $35,21 4A SA TREE TRIMMER GROUNDPERSON $2.6.58 4A 5A REFRIGERATION, &AIR CONDITIONING MECHANICS MECHANIC $61.24 2V 5A RESIDENTIAL BRICK & MARBLE MASONS JOURNEY LEVEL $29.00 1 RESIDENTIAL CARPENTERS JOURNEY LEVEL $14_.58 1 RESIDENTIAL CEMENT MASONS JOURNEY LEVEL $11.86 1 RESIDENTIAL DRYWALL TAPERS JOURNEY LEVEL $19:08 1 Page 5 76/97 ' YAKIMA COUNTY EFFECTIVE 09-02 -2009 (See Benefit Cdde Key) ' Over PREVAILING, Time Holiday Note 'Classification WAGE: Code Code, Code RESIDENTIAL ELECTRICIANS JOURNEY'LEVEL $21,98 1 RESIDENTIAL GLAZIERS ;JOURNEY LEVEL $22,43 1B 61 RESIDENTIAL INSULATION APPLICATORS JOURNEY LEVEL $10.00 1 RESIDENTIAL LABORERS' JOURNEY LEVEL ' RESIDENTIAL PAINTERS JOURNEY.LEVEC $13,89 1 RESIDENTIAL PLUMBERS' PIPEFITTERS JOURNEY.LEVEL $15:56 1 RESIDENTIAL SHEET-METALWORKERS- ' JOURNEY LEVEL (FIELD'OR -SHOP) $34.85_ 1X- 5A RESIDENTIAL SOFT FLOOR LAYERS JOURNEY- :LEVEL $17.55 1 ,RESIDENTIAL TERRAZZO /TILE FINISHERS ' JOURNEY LEVEL $1700 1 RESIDENTIAL TERRAZZO /TILE SETTERS .JOURNEY LEVEL $8.55 1 ROOFERS ' JOURNEY LEVEL $32.52 2P 51 ,USING IRRITABLE;BITUMINdUS MATERIALS $35:52 ZP 51 SHEET MIETAL WORKERS JOURNEY LEVEL (FIELD.OR•SHOP) $48:01 1X 5A SIGN MAKERS &INSTALLERS .(ELECTRICAL)' JOURNEY LEVEL $14.65 1 SIGN ,MAKERS &'INSTALLERS (NON - ELECTRICAL) JOURNEY LEVEL $14.65 1 ' SOFT FLOOR'LAYERS JOURNEYLEVEL $23.11 IN 5A SOLAR`CON.TROLS FOR WINDOW'S JOURNEY LEVEL $8.55 1 ' SPRINKLER TITTERS (FIRE PROTECTION) JOURNEY LEVEL $46.30 1R 5Q STAGE RIGGING MECHANICS (NON STRUCTURAL) JOURNEY LEVEL $13;23 1 ' SURVEYORS CHAIN PERSON, $9.25 1 INSTRUMENT'PERSON $12.05 1 PARTY -CHIEF $15:05 1 ' TELECOMMUNICATION TECHNICIANS TELECOMMUNICATION TECHNICIANS JOURNEY LEVEL $20.0,0, 1 TELEPHONE'LINE'CONSTRUCTION - OUTSIDE ' CABLE'SPLICER HOLE DIGGER/GROUND'PERSON $32.27 $18:10 213 2B 5A 5A INSTALLER'(REPAIRER,) $30:94 28 5A- JOURNEY LEVEL TELEPHONE LINEPERSON $30.02 2B 5A SPECIAL APPARATUS INSTALLER 1 $3227- 2B SA SPECIAL" APPARATUS INSTALLER II $31..62 2B 5A TELEPHONE EQUIPMENTOPERATOR (HEAVY) $32:27 2B 5A TELEPHONE' EQUIPMENT OPERATOR (LIGHT) $3002 2B 5A ' Page 6 77/97 YAKIMA COUNTY EFFECTIVE' 09-02 -2009 Page 7 78/97 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE- Code Code Code TELEVISION,GROUND PERSON $ j7.,�'$ -2B 5A TELEVISION LINEPERSONANSTALLER $22;73 2B 5A TELEVISION SYSTEM TECHNICIAN $27,09, 2B 5A TELEVISION TECHNICIAN $24.35 213 5A TREE TRIMMER, $30.02 2B 5A TERRAZZO' WORKERS &_TILE SETTERS JOURNEY LEVEL $30:37 1M 5A TILE, MARBLE &TERRAZZO FINISHERS FINISHER, $26,29 1M 5A TRAFFIC'CONTROL STRIPERS JOURNEY LEVEL $38.90 1K 5A TRUCK DRIVERS ASPHALT MIX $14.j9 j DUMP TRUCK $34:24 2G 61 DUMP TRUCK &I TRAILER $34.24 2G 61 'OTHER TRUCKS, $34.24 2G, 61 TRANSIT MIXER $34:24 2G. 61 WELL DRILLERS & IRRIGATION PUMP INSTALLERS IRRIGATION PUMP INSTALLER $25.44. 1 OILER $9.2Q 1 WELL DRILLER $18.00 1 Page 7 78/97 1 - PROPOSAL r r To the City Clerk Yakima, Washington r This certifies that the undersigned has examined the location of: r City Of Yakima Richardson Airways Site Cleanup 2400 West Washington Avenue r City Project No. 2145 rand that the plans, specifications and contract governing the work embraced in this improvement, and the method by which payment will be made for said work, is understood. The undersigned hereby proposes to undertake and complete the work embraced in this improvement, or as much thereof as can be completed with the money available in accordance with the said plans, specifications and contract, and the following schedule of rates and prices. rNOTE: Unit prices for all items, all extensions, and total amount of bid, shall be shown, and be written in ink or typed. Show unit prices in figures only. Figures written to the right of the dot (decimal) in the dollars column shall rbe considered as cents. r r 1 r r r 79/97 t ' ITEM PROPOSAL BID SHEET City of Yakima ' Richardson Airways Site Cleanup 2400 WestWashington Avenue ' City Project No. 2145 11 11 n n ITEM UNIT PRICE AMOUNT ITEM PAYMENT SECTION QTY UNIT NO. DOLLARS DOLLARS 1 WORK PLANS 1 LS 450.00 450.00 1.04 A 2 MOBILIZATION AND WORK AREA PREPARATION 1 LS 1.04 B 4,500.00 4,500.00 3 TEMPORARY FACILITIES 1 LS 1, 800.00 1, 800.00 1.04 C 4 iMPAC T ED SOIL EXCAVATION INCLUDING HAUL AND DISPOSAL 1.04 D 4100 TON 21.55 88, 355.00 5 DEMOLITION INCLUDING HAUL AND DISPOSAL 40 TON 1.04E 25.00 1, 000.00 6 PLACE AND COMPACT IMPORTED CLEAN SOIL BACKFILL 2200 CY 1.04 F 1 16.00 35, 200.00 7 PLACE AND COMPACT CRUSHED SURFACING TOP COURSE 40 TON 1.04 F 25.00 1, 000.00 8 SITE RESTORATION AND DEMOBILIZATION 1 LS 2,500.00 2,500.00 1.04 G 9 REPAIR OR REPLACEMENT 1 FA $5,000.00 $5,000.00 1.04 H SUB TOTAL: 139,805.00 11, 464.01 SALES TAX (8.2 %): 151,269.01 TOTAL: Addendum No. 1 Page 2 of 2 10/12/2009 �I 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 bld. Sign Here BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, TRI- VALLEY CONSTRUCTION, INC. as principal, and MERCHANTS BONDING COMPANY , as Surety, are held and firmly bound unto the City of Yakima, as Ohlinee. in the penal sum of FIVE PERCENT OF AMOUNT OF BIDDoilars. for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee 'in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay and forfeit'to the Obligee the penal amount of the deposit speclfied 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 dWages, the amount of this bond. SIGNED, SEALED AND DATED THIS Surety 1 H� V LL ANTS $ SHELLEY Received return of deposit in the sum of $ BER TION, kINC. ING COMPANY M, ATTORNEY -IN -FACT 83/97 S d 08t61�0989 'ON/8S: l l '1S /W [6002 L 100(a3M) 20 20_09_ N0110(lalSN00 A111VA 1 dl V108d 1 MERCHANT BONDING COMPANY 1 POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, 1 constituted and appointed, and does by these presents make, constitute and appoint Traci Sullivan, Shelley Burnham, Tammy McKee 1 of Yakima and State of Washington its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: ' TWO MILLION ($2,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of ' said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE ll, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and ' authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE ll, SECTION 9 - 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, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and ' its corporate seal to be hereto affixed, this 10th day of August 2009. °'pkG CO,�.o MERCHANTS BONDING COMPANY (MUTUAL) 0�•'O�PC9q'gZ: "0'2 rn: y•. 1933 : • c: By STATE OF IOWA President COUNTY OF POLK ss. On this 10th day of August 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first ' above written. CINDY SMYTH ' Commission Number 173504 /l TTT ow' My Commission Expires VV March 16, 2012 Notary Public, Polk County, Iowa ' STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing ' is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 15TRay of OCTOBER 2009 G Co Vo ' • z °: 3• y Secretary J 1933 c: • o. POA 0001 (1/09) •�•6''�y ".. "..\�a•• C 1 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. r Sign Here --------------- BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, , as principal, and as Surety, are held and firmly bound unto the City of Yakima, as Obligee, in the penal sum of Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for , according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF , 20 Principal Surety Received return of deposit in the sum of $ 83/97 ,20 NON- COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States tthat the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or ' indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. tNOTICE TO ALL BIDDERS To report bid rigging activities call: '1-800-424-9071 The U.S. Department of Transportation ( USDOT) operates the above toll -free "hotline" Monday through Friday, 8 :00 a.m. to 5:00 p.m., Eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract ' fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. 11, 1 85/97 NON - DISCRIMINATION PROVISION During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. *(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. *(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. *(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders 01 the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 86/97 1 1 1 J SUBCONTRACTOR LIST Prepared in compliance with RCW 39.30.060 as amended (To be submitted with the Bid Proposal) Failure to list subcontractors who are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW will result in your bid being non- responsive and therefore void. Subcontractor(s) that are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter18.106 RCW, and electrical as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor(s) name. If no subcontractor is listed below, the bidder acknowledges that it does not intend to use any subcontractor to perform those items of work. Subcontractor Name N/A Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Bid Items to be performed by the Prime Contractor: Prime Contractor Name Item Numbers 87/97 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 t 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. 1 88/97 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SUBCONTRACTOR LIST Prepared in compliance with RCW 39.30.060 as amended (To be submitted with the Bid Proposal) Failure to list subcontractors who are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW will result in your bid being non- responsive and therefore void. Subcontractor(s) that are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter18.106 RCW, and electrical as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor(s) name. If no subcontractor is listed below, the bidder acknowledges that it does not intend to use any subcontractor to perform those items of work. Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Bid Items to be performed by the Prime Contractor: Prime Contractor Name Item Numbers _ 87/97 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. 88/97 I I I i I I I I I I I I 11 11 I I I I I RESOLUTION NO. D-4816 A RESOLUTION adopting a "Women And Minority Business Enterprise Policy" for the City of Yakima. WHEREAS,, the City of Yakima is the recipignt,ok -federal and state assistance which assistance carries with. it the obli- gation of,d6titraPting 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 practicabIe.opportunity to participate in the performance of such public, work's, 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 "Wdien, And- Minority Business Enterprise Policy"' statement attached hereto, now; therefore, OF - YAKIMA-� .BE=NT RESOLVED BY THE CITY COUNCIL OF THE CITY The City Council hereby adopts the "Women And 2indrity- Business Entefpfis,'e, Policy", a copy of which is attached hereto and by' reference made a part hereof, ADOPTED BY THE CITY COUNCIL this .,E Lit day of 1983. ATTEST::_ City Clerk 89/97 AAfvK On A t Mayor AFFIRMATIVE ACTION PLAN The bidders, contractors and subcontractors will not be eligible for award of a contract under this Advertisement for Bids unless it certifies as prescribed, that it adopts the minimum goals and timetable of minority and women workforce utilization and specific affirmative action steps as set forth by the City of Yakima, This is directed at increasing minority and women workforce utilization by means of applying good faith efforts to carrying out such steps. However, no contractor or subcontractor shall be found to be in noncompliance solely on account of its failure to meet its goals within its timetables, but such contractor shall be given the opportunity to demonstrate that it has instituted all of the specific affirmative action steps specified by the City of Yakima, and has made every good faith effort to make these steps work toward the attainment of its goals, all to the purpose of expanding minority and women workforce utilization on all of its projects in the City of Yakima, Washington. In all cases, the compliance of a bidder, contractor or subcontractor will be determined in accordance with its respective obligations under the terms of these Bid Conditions. All bidders and all contractors and subcontractors performing or to perform work on projects subject to these Bid Conditions hereby agree to inform their subcontractors of their respective obligations under the terms and requirements of these Bid Conditions, including the provisions relating to goals of minority and women employment and training. Specific Affirmative Action Steps Bidders, contractors and subcontractors subject to this contract must engage in affirmative action directed at increasing minority and women workforce utilization, which is at least as extensive and as specific as the following steps: a. The contractor shall notify community organizations that the contractor has employment opportunities available and shall maintain records of the organizations' response. b. The contractor shall maintain a file of the names and addresses of each minority and women worker ' referred to him and what action was taken with respect to each such referred worker, and if the worker was not employed, the reasons therefore. If such worker was not sent to the union hiring hall for referral or if such worker was not employed by the contractor, the contractor's file shall document this and the reasons therefore. ' c. The contractor shall promptly notify the City of Yakima Engineering Division an Contract Compliance Officer when the union or unions with whom the contractor has collective bargaining agreement has ' not referred to the contractor a minority or woman worker sent by the contractor or the contractor has other information that the union referral process has impeded him in his efforts to meet his goal. d. The contractor shall participate in training programs in the area, especially those funded by the t Department of Labor. e. The contractor shall disseminate his EEO policy within his own organization by including it in any ' policy manual; by publicizing it in company newspapers, annual reports, etc., by conducting staff, employee and union representatives' meetings to explain and discuss the policy; by posting of the policy; and by specific review of the policy with minority employees. ' f. The contractor shall disseminate his EEO policy externally by informing and discussing it with all recruitment sources; by advertising in news media, specifically including minority news media; and by t notifying and discussing it with all subcontractors and suppliers. g. The contractor shall make specific efforts and constant personal (both written and oral) recruitment efforts directed at all minority or women organizations, schools with minority students, minority ' recruitment organizations and minority training organizations, within the contractor's recruitment areas. 90/97 h. The contractor shall make specific efforts to encourage present minority employees to recruit their ' friends and relatives. i. The contractor shall validate all man specifications; selection requirements, tests, etc. ' j. The contractor shall make every effort to promote after school, summer and vacation employment to minority youth. 1 91 /97 k. The contractor shall develop on- the -job training opportunities and participate and assist in any ' association or employer group training programs relevant to the contractor's employee needs consistent with its obligations under this bid. ' I. The contractor shall continually inventory and evaluate all minority and women personnel for promotion opportunities and encourage minority and women employees to seek such opportunities. m. The contractor shall make sure that seniority practices, job classifications, etc., do not have a ' discriminatory effect. n. The contractor shall make certain that all facilities and company activities are non - segregated. ' o. The contractor shall continually monitor all personnel activities to ensure that his EEO policy is being carried out. ' p. The contractor shall solicit bids for subcontracts from available minority and women subcontractors, engaged in the trades covered by these Bid Conditions, including circulation of minority and women contractor associations. ' q. Non cooperation: In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreements, the contractor shall, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex or national origin, making full efforts to obtain qualified and /or qualifiable minorities and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive ' referral failed to refer minority or women employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246 and 23 CFR Part 230 as amended, and the Standard Specifications, such contractor shall immediately notify the City of ' Yakima Engineering Department or the ,City of Yakima Compliance Officer. 1 91 /97 BIDDERS CERTIFICATION A bidder will not be eligible for award of a contract under this invitation for bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: Tri— Valley Construction, Inc. (BIDDER) certifies that: 1. It intends to use the following listed construction trades in the work under the contract Labor, Truck Driver. Equipment Operator and; as to those trades for which it is required by these Bid Conditions to comply with these Bid Conditions, it adopts the minimum minority and women workforce utilization goals and the specific affirmative action steps for all construction work (both federal and non - federal) in the Yakima, Washington area subject to these Bid Conditions, those trades being: and; 2. It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any sub - contract under this contract the Subcontractor Certification required by these Bid Conditions. (Signature of Authorized 92/97 resentative of Bidder) SUBCONTRACTORS CERTIFICATION Subcontractors' Certification is not required at the time of bid. This Certification must be completed by each subcontractor prior to award of any subcontract. 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 Yakima, Washington, subject to these Bid Condition, those trades being: and; 2. It will obtain from each of its subcontractors prior to the award of any subcontract under this subcontract the Subcontractor Certification required by these Bid conditions. (Signature of Authorized Representative of Subcontractor) 93/97 Materially and Responsiveness The certification required to be made by the bidder pursuant to these Bid Conditions is material, and will govern the bidder's performance on the project and will be made a part of his bid. Failure to submit the certification 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 September 24, 1965, with a contractor debarred from, or who is determined not to be a responsible' bidder for, government contracts and federally assisted construction contracts pursuant to Executive Order. The bidder, contractor or subcontractor shall carry out such sanctions and penalties for violation of the equal opportunity clause including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered by the administering agency, the contracting agency or the Office of Federal Contract Compliance pursuant to the Executive Order. Any bidder, or contractor or subcontractor who shall fail to carry out such sanctions and penalties shall be deemed to be in non - compliance with these Bid Conditions and Executive Order 11246, as amended. Nothing herein is intended to relieve any contractor or subcontractor during the term of its contract on this project from compliance with Executive Order 11246, as amended, and the Equal Opportunity Clause of its contract. Violation of any substantial requirement in the affirmative action plan by a contractor or subcontractor covered by these Bid Conditions including the failure of such contractor or subcontractor to make a good faith effort to meet it fair share of the trade's goals of minority and women workforce utilization, and shall be grounds for imposition of the sanctions and penalties provided at Section 209 (a) of Executive Order 11246, as amended. Each agency shall review its contractors' and subcontractors' employment practices during the performance of the contract. If the agency determines that the affirmative action plan no longer represents effective affirmative action, it shall so notify the Office of Federal Contract Compliance which shall be solely responsible for any final determination of that question and the Consequences thereof. In regard to these conditions, if the contractor or subcontractor meets its goals or if the contractor or subcontractor can demonstrate that it has made every good faith effort to meet those goals, the contractor of the subcontractor shall be presumed to be in compliance with Executive Order 11246, as amended, the implementing regulations and its obligations under these Bid Conditions and no formal sanctions or proceedings leading toward sanctions shall be instituted unless the agency otherwise determines that the contractor or subcontractor is not providing equal employment opportunities. In judging whether a contractor or subcontractor has met its goals, the agency will consider each contractors or subcontractor's minority and women workforce utilization and will not take into consideration the minority and women workforce utilization of its subcontractors. Where the agency finds that the contractor or subcontractor has failed to comply with the requirement of Executive Order 11246, as amended, the implementing regulations and its obligations under these Bid Conditions, the agency shall take such action and impose such sanctions as may be appropriate under Executive Order and the regulations. When the agency proceeds with such formal action, it has the burden of proving that the contractor has not met the requirements of these Bid Conditions, but the contractor's failure to meet his goals shall shift to him the requirement to come forward with evidence to show that he has met the "good faith" requirements of these Bid Conditions by instituting at least the Specific Affirmative Action steps listed above and by making every good faith effort to make those steps work toward the attainment of its goals within its timetables. The pendency of such formal proceedings shall be taken into consideration by Federal agencies in determining whether such contractor or Subcontractor can comply with the requirements of Executive Order 11246, as amended, and is therefore a "responsible prospective contractor" within the meaning of the Federal Procurement Regulations. It shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority and women employees. The procedures set forth in these conditions shall not apply to any contract when the head of the contracting or administering agency determines that such contract is essential to the national security and that its award without following such procedures is necessary to the national security. Upon making such a determination, the agency head will notify, in writing, the Director of the Office of Federal Contractor Compliance within thirty days. Requests for exemptions from these Bid Conditions must be made in writing, with justification, to the: Director Office of Federal Contractor Compliance U.S. Department of Labor Washington, D.C. 20210 and shall be forwarded through and with the endorsement of the agency head. Contractors and subcontractors must keep such records and file such reports relating to the provisions of these Bid Conditions as shall be required by the contracting or administering agency or the Office of Federal Contractor Compliance. 94/97 PROPOSAL Richardson Airways Site Cleanup ' 2400 West Washington Avenue City Project No. 2145 / I The bidder is hereby advised that by signature of this proposal he /she is deemed to have acknowledged all requirements and signed all certificates contained herein. ' A proposal guaranty in an amount of five percent (5 %) of the total bid, based upon the approximate estimate of quantities at the above prices and in the form as indicated below, is attached hereto: CASH ❑ IN THE AMOUNT OF ' CASHIER'S CHECK ❑ DOLLARS CERTIFIED CHECK ❑ ($ ) PAYABLE TO THE STATE TREASURER PROPOSAL BOND IN THE AMOUNT OF 5% OF THE BID ' ** Receipt is hereby acknowledged of addendum(s) No.(s) I -&- t SIGN T E OF AUThj0 Z OFFIC AL(s) 0 v SP�a`05�8 Jo ee Huylar / SOPO Q FIRM NAME Tri— Valley Construction, Inc. ' (ADDRESS) 1008 N. ist Street 509- 452 -4098 Yn kima , WA- 98901 PHONE NUMBER ' STATE OF WASHINGTON CONTRACTORS LICENSE NUMBER TRIVACI055KP FEDERAL ID No. 19 1 1 1 112 19 151 1 1 8 10 1 WA STATE EMPLOYMENT SECURITY REFERENCE NO. R16mooR Note: (1) This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from the Secretary of Transportation will be cause for considering the proposal irregular and ' subsequent rejection of the bid. (2) Please refer to section 1 -02.6 of the standard specifications, re: "Preparation of Proposal," or "Article 4" of the Instructions to Bidders for building construction jobs. ' (3) Should it be necessary to modify this proposal either in writing or by electronic means, please make reference to the following proposal number in your communication. 95/97 BIDDER'S CHECK LIST 1 97/97 The bidder's attention is especially called to the following forms, which must be executed, as required, and ' submitted on the form purchased from the City and bound in the Contract Documents: ' A. PROPOSAL The unit prices, extensions and total amounts bid must be shown in the spaces provided. B. BID BOND ACCOMPANYING BID This Bid Bond form is to be executed by the bidder and the surety company unless bid is accompanied by a certified check. The amount of this bond shall be not less than 5% of the total amount bid and may be shown in dollars or on a percentage basis. ' C. SUBCONTRACTOR LIST The form must be filled in. Failure to provide this information at time of bid WILL NOT render the bid non - responsive. ' D. BIDDER'S CERTIFICATION ' E. PROPOSAL SIGNATURE SHEET Must be filled in and signed by the bidder. F. MBE/WBE FORM ' It is requested that The Bidder's Certification of the "Affirmative Action Profile" in the MBE/WBE Form be filled in and signed by the bidder. Failure to provide this information WILL NOT render the bid non - responsive. ' The following forms are to be executed after the contract is awarded: A. CONTRACT ' This agreement is to be executed by the successful bidder. B. PERFORMANCE BOND ' To be executed by the successful bidder and his /her surety company. C. CERTIFICATE OF INSURANCE Refer to attached Informational Certificate of Insurance and Additional Insured Endorsement. Also ' refer to Section 1 -07.18 (APWA) of the Standard Specifications and Special Provisions. 1 97/97 1 H - YAKIMA AIR TERMINAL - RICHARDSON AIRWAYS �.�� � ; , �_ ��r�, �\ ' ` �\ _ � � - YAKIMA AIRPORT WASHDOWN SITE - REMEDIAL EXCAVATION Y !_ I _I \ L L .� _ � �� I .0 _t °7 1 -_ am y_ .'�� I \ i ' _ �.F, 1 I I WEST WASHINGTON AVENUE IL YAKIMA, WASHINGTON f f ' \ E .."- \ - 02_,./ - I __._ Yakima p ' k • ti , . , i _J-, 4 \ � , X \ X s ' 'R ' ,. ` 1 4. as rn n A I ' . i�� J y'° 1 414 II '1 A , , „ , . , , " � � �° t ` ` �, , � � {a < < � I ' , ' - ' , TAXIWAY - , . �,, k i '� ..� � � , E _ �� �,,t` i - ` p - . - _ , - i , ,- 1- °' Lr.a I i i I f ly I \ 4 ' iq _ t j ;{ =rte �_ . i Project Lvcativn - .'!- / - ,, N , , ' \ Yakima Ai�Terrrrinal )NliiAllisfr�t Meld } ! Fia � \ ; ' �_ Un ' /�� j 1 X =� _A1Rp0 , 4 °" `'. ,�._,�w __,, _ __.--.L---.........-. , L.�� I. 1 __ V „ 1 Ahta ium — - \ ,' , _ ; c -, ; i : , ,,, ' ' , ' t i — ,,,,-----■,) > X __ _ _ _ x `� oF, r \ X_ I I ° e r , ORT 1,g1VE ---- � � , � - I x x } ! II I� j - ACCESS ROUT j � : �1 I mo - PERM AN ENT X - ---___ x � - , 1 / PROPOSED EXCA AREA ! 0 1 SECUR x c • FENCING X l I/ x __ __ _ _ _ _ __�e ' I "" ' AHTANUM ROAD II 'PARKING 1 1 + te i ; 4'4, },; ",,'�'i , , 7 .-.. -r-- ry ,- .- »,�,.d...e,�... .�, -,... ,-. �, i VICINITY MAP SITE MAP SCALE 1" - 1000' 1 SOURCE ESRI200$ t i ` x �.� I� - ` I , \ ' ,'' : ::1 1 1 _' NAT AND ESTIMATED TIME TABLE. OWNER I \ • I TOTAL URE DISTURBED OF AREA = APPROX CONSTRUCTION 19,000 ACTIVITY SF CITY OF YAKIMA, WASHINGTON , , ) I _ �, ' ■ -� CONTACT DOUG MAYO ', S 21ST AVE � -- 1- - ` X EXISTIN SITE SOIL CLASSIFICATION 120 NO 2 2ND STREET I f , ° ' ' PARKING = ' VV - ASHAE ALLUVIUM YAKIMA, WASHINGTON 98901 1 I — , \ / i ' I ',r, _ j SILT AND SANDY SILT, 0-1% SLOPES PHONE 509 -576 -6695 � ,, 1 1 _ F i = `'" x RECEIVING WATER BODIES ENGINEERING FIRM ' j X �\ ,f i ON SITE INFILTRATION LANDAU ASSOCIATES, INC 1 1 - - E - - ,' j CONTACT BETH CLARK ATTENTION EXCAVATORS f , ; 130 2ND AVE 5 , x WASHINGTON LAW REQUIRES YOU TO FOLLOW RULES ADOPTED BY THE WASHINGTON UTILITY NOTIFICATION -_ I EDMONDS, WASHINGTON 98020 { I CENTER THOSE RULES ARE SET FORTH IN RW 19 122 IF YOU HAVE ANY QUESTIONS ABOUT THE RULES, YOU MAY PHONE 425 778 -0907 , CONTACT THE CENTER YOU MUST NOTIFY THE CENTER AT LEAST TWO BUSINESS DAYS BEFORE COMMENCING ANY X X X X X X X X EXCAVATION CALL 800 - 424 -5555 (OR DIAL 811) ,, r I ' q sj I 1 PROJECT LOCATION - _ UTILITY LOCATE UTILITIES SHOWN ARE APPROXIMATE BASED ON BEST AVAILABLE INFORMATION CONTPACTOR PROPERTY ID 18120221004 ( - _ 1 1 ` ;=y J SHALL TO OBTAIN UTILITY LOCATE BEFORE ANY EXCAVATION ON THE SITE 2400 W WASHINGTON BLVD _ l YAKIMA, WASHINGTON I PROPERTY DESCRIPTION ' SITE CONDITIONS DRAINAGE SECTION 2, TOWNSHIP 12N, RANGE 18E ' 1 1 CURRENTLY THE RAINFALL THAT LANDS ON THE WORK SITE TENDS TO SHEET FLOW FROM THE PAVED AREAS TO EXISTING SITE CONDITIONS I THE VEGETATED AREAS THE WATER INFILTRATES WITHIN THE FLAT VEGETATED AREAS I AFTER GRADING IS FINALIZED THE SYSTEM AND GRADING WILL BE IN SUBSTANTIALLY THE SAME CONFIGURATION FALLOW, FORMER AGRICULTURAL CHEMICAL , I I , ' , J ` I AS PRIOR TO GRADING AND SHOULD FUNCTION THE SAME APPLICATION WASHDOWN AREA , 1 I I DEVELOPED CONDITIONS '' RISK ASSESSMENT 1 I PARKING i UNCHANGED AFTER WORK COMPLETED i ! I SLOPE THE SITE HAS GENTLE SLOPES THAT GENERALLY DRAIN TO A LOW AREA IN THE CENTER OF THE SITE ` t V ■ N- — SOURCE OF WATER EROSION RAINFALL LEGEND 1 _ - - - - -- - - 1 - - - - - a , - _ r ' PROPOSED SOILS FILL SOILS MEETING PROJECT SPECIFICATIONS CONSISTING OF GRAVEL BORROW • •;; ...• • PROJECT BOUNDARY ' ' 3 ` AHTANUM ROAD - - s, p ' - .. o TEMPORARY CONSTRUCTION FENCE 1 I \ C, I f x EXISTING FENCE LINE 1 2 70 P ROPOSED CONTOURS 1 -- - -- - --- - I -- -- --- - EXISTING CONTOURS (USGS 10m DEM, 2008) 1 ! ,! 1 EXISTING GRAVEL ROAD I ` I , 1 - , , EXISTING PAVEMENT �' , SITE PLAN I ( E XISTING BUILDING II 0 1 00 200 1 Scale in Feet Ii i I 1 , MISC NOTES: 1 THE STORMWATER POLLUTION SOURCE CONTROL B M P CONCLUSION THE CHANCE FOR SIGNIFICANT EROSION /SILTATION SHEET INDEX ' BEING PROPOSED AT THIS SITE IS GOOD HOUSEKEEPING IMPACT IS LOW BASED ON THE FOLLOWING # SHEET DESCRIPTION I , I N: 2 THE PERMANENT WATER QUALITY AND QUANTITY CONTROL 1 PROPOSED AREAS OF DEVELOPMENT ARE IN GENTLE SLOPE C -1 COVER SHEET ,I t FACILITIES AT THIS SITE IS SURFACE INFILTRATION AREAS C -2 EROSION CONTROL AND DEMOLITION PLAN ' 1 zi 3 THE TEMPORARY B M P S BEING PROPOSED ON THIS SITE 2 THE SOIL PERMEABILITY IS MODERATE C -3 GRADING PLAN, DETAILS AND SECTIONS i 0 SHALL CONSIST OF THE IMPLEMENTATION OF A DUST P - CONTROL PLAN 3 AVAILABLE WATER CAPACITY OF THE SOIL IS MODERATE ` 9 4 THERE IS NO NEW IMPERVIOUS SURFACE PROPOSED FOR THE 4 WATER EROSION IS SLOW I PROJECT SITE 5 EROSION CONTROL MEASURES ARE PROPOSED CALL 48 HOURS BEFORE YOU DIG g 1- 800 - 424 -5555 a 7i`` ti o WAs #'�� 0 9 -11 -2009 ISSUED FOR REVIEW KEW DAP DRA BY B TAYLOR BLT 9 25 -2009 PROJECT NO ,/ � K WRIGG KEW 9 -25 -2009 i, ` ` ,1 - SOIL CLEANUP ACTION 1148001 010 011 0 9 -25 -2009 ISSUED FOR BID TO CITY OF YAKIMA KEW DAP DE SIGNED BY L A N c DAU YAKIMA AIR TERMINAL — RICHARDSON i A AI RWAYS DATE II N REVIEWED BY ASSOCIATES WASHDOWN SITE I " iI D F ISCHE DAP 9-25-2009 9- 252009 `� • 1 1 APPROVED BY CITY PROJECT NO. 2145 SHEET a \' 35 715 �, 130 2nd AVENUE S I '6 , o wig 1 OF 3 � r s � � ��' ' EDMONI)S, WA 98020 COVER SHEET DRAWING NO ` � �ONAL � STATUS (425) 778 -0907, FAX (425) 778 -6409 c -i NO DATE REVISIONS DESIGNED REVIEWED APPROVED INITIAL DATE , 1 I s, r .i _ s _ r LEGEND 1 t ` _ NOTE• 0 ,' , err ∎� •� s� N _ [ ` EXCAVATION/ FILL BOUNDARY ALL DISTURBED AREAS ARE TO BE RESEEDED PER THE , , _., , \ i ' , t 0 SPECIFICATION BELOW FROM THE DEPARTMENT OF ECOLOGY TEMPORARY CONSTRUCTION FENCE STORMWATER MANUAL FOR EASTER WASHINGTON / ,--- ,,, _ / SOIL 1 EXISTING SECURITY FENCE LINE l PILE o EXISTING BURIED ELECTRICAL LINE (TO REMAIN) NOBLE 7 3 2 SHOWS THREE DIFFERENT EROSION CONTROL SEED MIXES i : , , I SD ( LUMNS A, B AND C) FOR UPLAND AREAS THAT RECEIVE LESS THAN 12" ,- x ; < ~' , � I , EX ISTING STORM DRAIN (TO BE REMOVED) GIVEN TIVE PRECIPITATION FOR EACH, DRILLED SEEDING RATES ARE EFFEC : , - , : BROKEN ' ' o `" NG WATER LINE (TO REMAIN) (LBS /AC), DOUBLE SEED RATES IF BROADCAST OR HYDROSEEDED I 1 --- I050_. l ' - 1 ASPHALT EXISTING CONTOURS (USGS 10m DEM, 2008) EXISTING SECURITY GATE ' ,,r'''' '` `` . PILE a — - s PERMANENT SEED MIXES UPLAND ARE >� EXISTING GRAVEL ROAD AREAS ' - , J WITH LESS THAN 12" PRECIPITATION G PAVEMENT EXIST PAVEMENT, ` SOIL / A B , - } '�'�` };;�. PILE EXISTING BUILDING Common Na Mixtures (Ibs /ac)* TO BE REMOVED ` . a i rk'.' °'�sl;'',r`., EXIST CATCH BASIN EXISTING STOCK PILE LOCATION crested or slberian wheatgrass* 7 'q e ��,� ,` o TO BE REMOVED IF PRESENT °�' r�� WITHIN EXCAVATION AREA (droughty, coarse soils)(I) M DEMOLITION (STORM SEWER & CONCRETE) biuebunch wheatgrass (N) 7 * Indian ncegrass (sandy soil)(N) 2 f thickspike wheatgrass (N) 8 f 1� APPROXIMATELY 120 LF OF ? o sheep fescue(I ■ ` STORM PIPE TO BE REMOVED big bluegrass (N) or 1 / , X _ � 1 °-- X ' IF ENCOUNTERED DURING EXCAVATION needle and th►ead grass N 4 '''� X ( 0 9 ( ) X r - TOTAL 10 9 9 I , , e... Seeds /sq ft/mixture 63 66 64 PERMANENT i SECURITY i j *Expressed as pure live seed (PLS) FENCING 1 0 1 (N) = native plant species I y (I) = introduced, non - native plant s pecies 1 P A PROPOSED �'� � , R II QSED EXCAVATION BOUNDARY 0 t . KEY NOTE: A RELOCATE SOIL PILE WITHIN PROJECT BOUNDARY AS NECESSARY TO ALLOW USAGE OF THE 7 I 4 I = PAVED PARKING . RUCK HAUL ROUTE ' : ( 1_ I ' `,1 1 X \ , '' 1 t ' „r EXIST BUILDING \'� (APPROX LOCATION) l 1 f ED I 4 f k , , I r EXIST BUILDING (C 1 , , , . 1 1 , PARKING 1 f , , , , „ ' ,.. , ,. 1 1 1 ,,, 1 r ANY TO EXIST STORM DRAIN APPROX AND LO PIPE ATION} Vjli i M 1 REMAIN OUTSIDE OF EXCAVATION LIMITS 1 I o II I I, 'i 1 X + 0 1 I EXIST BUILDING h ea.,. a.` .rte •,...., — s — i (APPROX LOCATION) 1 w w w 1 S 21 ST AVE \ o � w p ,, „ , 1 ' ' EXIST GRAVEL ACCESS ROAD 1 ■ — x I j , a / PAVED \ , / \ x PARKING - -, 1 ' , '1 1 , ' X , , T jF . r , r [ s x 1 = EXIST BUILDING = r = (APPROX LOCATION) I I \ ) _. : ! X _ ii iri co 1 o i ae E CALL 48 HOURS BEFORE YOU DIG 0 9 -11 -2009 ISSU FOR REVIEW 1- 800 -424 -5555 DRAFTED BY v KEW DAP B TAYLOR BLT 9 -25 -2009 4 E- a 0 0 30 60 REVIE i1 Q 0 9 -25 -2009 ISSUED FOR BID TO CITY OF YAKIMA KEW DAP DESIGNED B Y K WRIGG — LANDAU tiTDA PROJECT NO ,� � SOIL CLEANUP ACTIO KEW 9 YAKIMA AIR TERMINAL - RICHARDSON AIRWAYS 1148001 010 011 wr D BY 14 D PISCHER Scale Ill Feet \\\\ � � , 3515 �� DAP 9 -25 -2009 A SSOCIATES DATE II \�, .�IS �/� APPROVED BY 3 . � t _ a WASHDOWN SITE ci F y I oNAL�'� 130 grid AVENUES 9 -25 -2009 CITY PROJECT NO, 2145 SHEET =,1 NO DATE REVISIONS �- — — DESIC+N RE VIEWED APPROVED STATUS EDMONDS, WA 98020 �Q � CQ OL AND 2 OF 3 - NTH DRAV INITIAL DATE (425) 778 -0907, FAX (425) 778 6409 NNG NO ■ DEMOLITION ,PLAN C -2 ■ x' x x x 0 o a ti a o o----a GRADING NOTES: A /\ 24 FT ACCESS GATE _ LEGEND: 1 ALL WORK AND MATERIALS SHALL BE IN ACCORDANCE WITH THE PROJECT X : a �* - y! EXCAVATION /FILL BOUNDARY ' 1 ' : 1 ' ' ' 7 SPECIFICATIONS, AND THE STANDARDS REFERENCED THEREIN 0 TEMPORARY CONSTRUCTION FENCE 2 AN APPROVED COPY OF THE CONSTRUCTION PLANS, PROJECT SPECIFICATIONS, AND TEMP PARKING AREA X r . , ' x EXISTING FENCE LINE HEALTH AND SAFETY PLAN MUST BE ON SITE WHENEVER CONSTRUCTION IS IN PROGRESS , \ a, 1050 - PROPOSED N 3 IT SHALL B CONTOURS BE THE RESPONSIBILITY OF THE CONTRACTOR TO OBTAIN STREET RIGHT OF WAY USE PERMITS OR ANY OTHER REQUIRED PERMITS PRIOR TO ANY CONSTRUCTION ACTIVITY x _i - , 1 l - 670 LF TEMP CONST - - - -_--- -- I{J 5U----- ------- EXISTING CONTOURS (USGS 10m DEM, 2008) IN THE RIGHT OF WAY TRUCK ROUTE FENCE, SEE DETAIL _ , "r , SD EXISTING STORM DRAIN (TO BE REMOVED) 4 PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL CONTACT THE OWNER FOR A SOIL 1 - o , E XISTING WATER LINE (TO REMAIN , ' > 1 1 RILE ' 'y r w ( REMAIN) PRE- CONSTRUCTION MEETING -� - - -- _ _ EXISTING GRAVEL ROAD X 5 LOCATIONS OF EXISTING UTILITIES IS BASED ON PREVIOUS UTILITY LOCATE AND ARE EXISTING PAVEMENT APPROXIMATE ONLY IT IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO ' _ BROKEN \ o ' INDEPENDENTLY VERIFY THE ACCURACY OF ALL UTILITY LOCATIONS, AND TO FURTHER r ,,_ -' ASPHALT I ; 1 ----- p EXISTING BUILDING DISCOVER AND AVOID ANY OTHER UTILITIES WHICH MAY BE AFFECTED BY ITS WORK SEE / _ � , DISCOVER , , , ° ( PILE t , SECTION 02200, ARTICLE 3 03 OF THE PROJECT SPECIFICATIONS EXISTING SECURITY GATE / C �' EXISTING STOCK PILE LOCATION __,,_), i � �. Q ' `'' ` 6 SIGNING, FLAGGING, AND TRAFFIC CONTROL SHALL BE IN ACCORDANCE WITH THE MOST , _ / t SOIL ;'' ,` _ CURRENT EDITION OF THE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES AND THE CITY PILE SECTION DESIGNATION AND LOCATION OR COUNTY REGULATIONS AS APPROPRIATE 1 0'����;��:���% i „ 7 NO POTENTIALLY CONTAMINATED SOIL STOCKPILES ARE TO BE ON PAVEMENT �t� R l�rRi ' / , , ``- R •' ! +s� ••° :� •'' '`, ' ° " 8 THE CONTRACTOR IS RESPONSIBLE FOR WATER QUALITY � °'�� 9 ALL FILLS SHALL BE COMPACTED TO A MINIMUM OF 95% OF MAXIMUM DENSITY BY 10�' PLACE 6" OF CSTC AS SHOWN AS NECESSARY TO NOTE MODIFIED PROCTOR TEST, SEE SECTION 02200 OF THE PROJECT SPECIFICATIONS SOIL STOCKPILE 1 053 1052 0 PREVENT THE TRACKING OF SOILS ONTO THE PAVEMENT SURFACE ELEVATIONS ARE APPROXIMATE, CONTRACTOR TO 10 WORKERS AND VISITORS TO WEAR APPROPRIATE SAFETY GEAR AT ALL TIMES WHICH L OCATION '` \ ,.. ' A EXCAVATE TO THE DEPTH SHOWN ON THE CROSS - SECTIONS MEETS THE REQUIREMENTS OF THE HEALTH AND SAFETY PLAN X , "° - ,° PORTION OF SOIL PILE TO BE RELOCATED ONSITE 11 CRUSHED SURFACING TOP COURSE (CSTC) SHALL MEET THE REQUIREMENTS OF WSDOT I /' OR AS OTHERWISE DIRECTED BY THE ENGINEER SEE KEY NOTE 1 ON SHEET C -2 ' --- x �``- )( • , ' F ' : ' - / 0 STANDARD SPECIFICATION 9 -03 9(3) �`- -x x /' UTILITY CONFLICT NOTE ('' ` / ,, - i 12 RESEED ALL DISTURBED ARES, SEE SEEDING TABLE ON SHEET C -2 PERMANENT ``. ` / ,, '',r CAUTION 13 CONTRACTOR IS RESPONSIBLE FOR CLEANUP ON ANY SPILLS ALONG THE HAUL ROUTE SECURI / DIMENSION, AND DEPTH OF ALL EXISTING UTILITIES WHETHER SHOWN ON THESE o _ _ _ _ _ _ _ _ _ _ THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THE LOCATION, �> " , , Jr 1 - ' ' , - PLANS OR NOT BY POTHOLING THE UTILITIES AND SURVEYING THE HORIZONTAL AND GRADING VOLUMES - - 1052 I , -'" VER TICAL LOCATION PRIOR TO CONSTRUCTION THIS SHALL INCLUDE CALLING UTILITY k 1051 �� , CUT 2,200 C Y s LOCATE @ 1-800-424-5555 AND THEN POTHOLING ALL OF THE EXISTING UTILITIES AS 1 REQUIRED TO PHYSICALLY VERIFY WHETHER OR NOT CONFLICTS EXIST LOCATIONS PROPOSED EXCAVATION BOUNDARY ,' : , OF SAID UTILITIES AS SHOWN ON THESE PLANS ARE BASED UPON UNVERIFIED PUBLIC FILL 2,200 C Y }' INFORMATION AND ARE SUBJECT TO VARIATION IF CONFLICTS SHOULD OCCUR, THE o ' CONTRACTOR SHALL CONSULT LANDAU ASSOCIATES, INC TO RESOLVE PROBLEMS 11 \ PAVED TYP PRIOR TO PROCEEDING WITH CONSTRUCTION ESTIMATED BY SURFACE COMPARISON AS MODELED IN AUTOCAD CIVIL 3D ._ 1 1 f PARKING 10' CENTER OF POST TO 1 A ©` 1051 ,� m CENTER OF POST (MAXIMUM) I Aft a i r N U , ;„ �"� EXISTING FENCE TOP RAIL OR TENSION mi TEMPORARY CONST FENCE .n WIRE, AS SPECIFIED �� ■ EXIST BUILDING © o EXISTING GROUND — r ' . ( AP PROX LOCATION) ��� "' 1 t 1 ° [ 1060 X EXISTING GRAVEL ROAD s 110 //-- ,YV di _ i / 1 l ---/ co x 1051 N, EXIST BUILDING - - • , , - 4 c� ( APPROX LOCATION) ° 0 1 1050 .- 1050 m 1051 -1052 1 1 (TYP� 1 1 BOTTOM RAIL OR TENSION } o WIRE, AS SPECIFIED 0 m BOTTOM OF EXCAVATION VA& 1040 1040 } , 1 CONCRETE 1 ;` w / p FOOTING 1 Q a • Q EXIST BURIED ELECTRICAL LINE, 1 { P a SEE UTILITY CONFLICT NOTE � q -v , •�›-xs, IN a 1030 7 I ai 1030 \ f !a J EXIST BUILDING a ( APPROX LOCATION) (AECTION A -A' CHAIN LINK FENCE DETAIL a I HORIZONTAL SCALE 1" = 30' NTS L _ VERTICAL SCALE 1" = 10' N f ' S2ISTAVE , I : -, 1 - ' , _ - ' TEMPORARY CONST FENCE ' ` SOIL STOCK PILE x 1 , ` 1 ' ± ' , EXISTING GROUND LOCATION TRUCK LOADING AREA EXIST BURIED WATER L INE , ' I PAVED "= 1060 - 0 •._ 1060 SEE UTILITY CONFLICT NOTE PARKING I : / ‘ X t ,, _ , _ ,,, , „„ ____ _ _____ 4 , A , _, , ,_, ;,-,„ 1 , ;:„.„ 1050 - ce N 1050 )< P � 1 Et , ED �-- f 1 _ c I ' .- BOTTOM OF EXCAVATION a " ' EXIST BUILDING 1040 t t ; ' 1040- ro ' ` s i ( APPROX LOCATION) W L': : I X \ -'' , I I 1030 - 1030 o x 1 i i . ' 9 I ' f - - C \` � - x = "gam SECTION B -B' CALL 48 HOURS BEFORE YOU DIG \31 HORIZONTAL SCALE 1" = 30' 1 -800- 424 -5555 =, -==� VERTICAL SCALE 1" = 10' ° �'� w 4 \ 0 9 -11 -2009 ISSUED FOR REVIEW KEW DAP DRAFTED B TAYLOR BLT 9 -25 -2009 PROJECT NO � v °� ` �� _ SOIL CLEANUP ACTION is ,� �� o � \�, 0 9 - 25 - 2009 I SSUED FOR BID TO CITY OF YAKIMA KEW DAP DESIGNED K WRIGG KEW 9 -25 -2009 LANDAU YAKIMA AIR TERMINAL - RICHARDSON AIRWAYS 1948001 010 011 0 30 60 if II REVIEWED BY o J D PISCHER DAP 9 -25 -2009 ASSOCIATES WASHDOWN SITE BATE 9 -25 -2009 357 15 APPROVED BY CITY PROJECT NO. 2145 SHEET d .� �, y 130 2nd AVENUE S ��� � r s s�` ti�u� 3 OF 3 Scale in Feet r +nC g WING NO a�s� � � REV STAT ri . �A 9020 AND SECTIONS DRA _ LL IE WED AP PROVED INITIAL DATE C -3 NO DATE REVISIONS DESIGNI-- (425) 778 -0907, FAX (425) 778 -6409 GRADING PLAN, DETAILS e I AM , (, 1 1 I 1