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HomeMy WebLinkAboutKen Leingang Excavating, Inc. - North 54th Avenue Drainage ImprovementsCity Of Yakima N o rt h 54t" Avenue- ve n u e- Drainage Improvements City Project No. 2309 �gER S'- of WAS11,14 44J �a cc 4 n h ri 39407 REGISTE��� �w �SI O'P'AL ti�C1 1 14�t-ishiin,-toii 9S901 .4fi.cImel Mot-crle.s, 1)1'i ector October 4, 2010 Darren Leingang Ken Leingang Excavating 1117 N. 27th Ave. Yakima, WA 98902 Re: North 54th Avenue Drainage Improvements City Project No. 2309 Dear Darren The City Manager of the City of Yakima has authorized an award of the contract for the above referenced project to your company on the basis of your low bid submitted on September 30, 2010 in the amount of $18,965.75. This letter is official notification of the award of the contract to your company by the City of Yakima. Enclosed is one set of the specifications, proposal and contract documents for your information. Also enclosed are three copies of the contract and a performance bond form. Please sign and return all copies of the contract form to this office, along with the fully executed performance bond and certificate of insurance, within ten (10) calendar days. We have also included a Liability Certificate Checklist for your and your surety's convenience. When these items have been approved, the City will execute the contract form and bind a signed contract, certificate, and proposal into contract document books. The three completed books will be distributed to the City Clerk, City Engineer and Contractor. Please contact Bruce Floyd, Construction Supervisor, of our office within ten (10) days of this date to schedule a pre- construction conference, and to discuss various forms and documentation that must be completed and turned into him at the Pre - construction Conference. The Notice to Proceed will also be discussed at the Pre - construction Conference. Bruce's office phone is 575 -6138. For your information, we are enclosing a copy of the bid summary for this project. Sincerely, Randy Meloy, P.E. Surface Water Engineer encl. cc: Bruce Floyd, Construction Supervisor Doug Mayo, City Engineer Brett Sheffield, Chief Engineer Randy Meloy, Surface Water Engineer Susie Cutter, Contract Specialist Debbie Kloster, City Clerk Edna Pettyjohn, Finance File Yakima Coo'e 575 -6121 S75 -6111 frei,,hhorhood Services 575 -0701 ` Ptannutr, 575 -6183 ` 1 -4 CONTENTS CITY OF YAKIMA North 54th Avenue. Drainage.Irnprovements City Project No. 2309 SECTION PAGE INVITATION TO BID .........................:.................... ............................... 5 STANDARD SPECIFICATIONS Standard Specifications ......................................... ..............................7 Amendments to the 2006 Standard Specifications ...... ..............................7 CONTRACT PROVISIONS General Special Provisions and Contract Special Provisions ..................... 17 Project Description ......................................... .............................18 1 -02 Bid Procedures and Conditions .................. .............................20 1 -03 Award and Execution of Contract ................ .............................24 1 -04 Scope of Work ........................................ .............................26 1 -05 Control of Work ....................................... .............................26 1 -07 Legal Relations and Responsibilities to the Public .......................31 1 -08 Prosecution and Progress ....................... ............................... 39 1 -09 Measurement and Payment .................... ............................... 43 1 -10 Temporary Traffic Control ....................... ............................... 44 2 -03 Roadway Excavation and Embankment ... ............................... 45 5 -05 Porous Concrete Pavement ................... ............................... 45 8 -01 Erosion Control and Water Pollution Control ............................. 47 9 -03 Aggregates ......................................... ............................... 47 STANDARD PLANS ..................................... ............................... 48 ContractForm ............................................... ............................... 55 Performance Bond Form ................................... ............................... 57 Informational Certificate of Insurance .................... ............................... 59 Informational Additional Insured Endorsement ........ ............................... 61 Minimum Wage Affidavit Form .......................... ............................... 63 PREVAILING WAGE RATES Prevailing Wage Rates ...................................... ............................... 65 PROPOSAL ProposalForm ................................................ ............................... 79 Item Proposal Bid Sheet .................................. ............................... 81 BidBond Form ................................................ ............................... 83 Non - Collusion Declaration .................................. ............................... 85 Non - Discrimination Provision ............................. ............................... 87 Subcontractor List ........................................... ............................... 89 Women and Minority Business Enterprise Policy ... ............................... 91 3 Council Resolution .......................................... ............................... 92 Affirmative Action Plan .................................... ............................... 93 Bidders Certification ......................................... ............................... 95 Materially and Responsiveness ........................... ............................... 97 Proposal Signature Sheet ................................ ............................... 99 Bidders Check List .............. ............................... ............................101 PLANS & DETAILS Traffic Control Plans .................... ............................... .......................Attached Construction Plans ...................... ............................... .......................Attached El INVITATION TO BID NOTICE IS HEREBY GIVEN that sealed ,bids will be received by the City Clerk of the City of Yakima, 129 North 2nd Street, Yakima, Washington, 98901 until 2:00 pm on September 30, 2010 and will then and there be opened and •publicly read for the construction of CITY OF YAKIMA North 54th Avenue Drainage Improvements °City Project No. 2309 This project consists of making drainage improvements to North 54'h Avenue in Yakima, Washington. The work shall-consist of removing asphalt and underlying materials and replacing them with fractured, drain rock, leveling course aggregate and porous concrete pavement, and other work. All work is to 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. 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 16th day of September, 2010 5 INTRODUCTION The following Amendments and Special Provisions shall be used in conjunction with the 2010 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 -07, LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC August 2; 2010 1 -07.2 Sales Tax The third sentence in the first paragraph is revised to read: The Contractor should contact Vendor Payments (a division of Accounting & Financial Services) of the Department of Transportation in Olympia, Washington for answers to questions in this area. The first sentence in the third paragraph is revised to read: The Contracting Agency will pay the retained percentage only if the Contractor has obtained from the State Department of Revenue a certificate showing that all Contract - related taxes have been paid (RCW 60.28.051). 1- 07.9(1) General The second sentence in the fourth paragraph is revised to read: When the project involves highway Work, heavy Work and building'Work, the Contract Provisions may list a Federal wage and fringe benefit rate fore the - highway Work, a separate Federal wage and fringe benefit rate for both the heavy Work and the building Work. 1- 07.13(4) Repair of Damage The last sentence in the first paragraph is revised to read: ' For damage qualifying for relief under Sections 1- 07.13(1), 1- 07.13(2), 1- 07.13(3), or 8- 17.5, payment will be made in accordance with Section 1 -09.4 using the estimated Bid item "Reimbursement for Third Party Damage ". 1 -07.15 Temporary Water Pollution /Erosion Control The fourth paragraph is deleted. 1- 07.15(1) Spill Prevention, Control and Countermeasures Plan The third sentence in the first paragraph is revised to read: 7 No on -site construction activities may commence until the Contracting Agency accepts a SPCC Plan for the project. In item number 10., the first paragraph below the pay item "SPCC Plan," lump sum is revised to read: When the written SPCC Plan is accepted by the Contracting Agency, the Contractor shall receive 50- percent of the lump sum Contract price for the plan. 1- 07.16(2) Vegetation Protection and Restoration The second paragraph is revised to read: Damage which may require replacement of vegetation includes torn bark stripping, broken branches, exposed root systems, cut root systems, poisoned root systems, compaction of surface soil and roots, puncture wounds, drastic reduction of surface roots or leaf canopy, changes in grade greater than 6- inches, or any other changes to the location that may jeopardize the survival or health of the vegetation to be preserved. The third paragraph is revised to read: When large roots of trees designated to be saved are exposed by the Contractor's operation, they shall be wrapped with heavy, moist material such as burlap or canvas for protection and to prevent excessive drying. The material shall be kept moist and securely fastened until the roots are covered to finish grade. All material and fastening material shall be removed from the roots before covering. All roots 1 -inch or larger in diameter, which are damaged, shall be pruned with a sharp saw or pruning shear. Damaged, torn, or ripped bark shall be removed as ordered by the Engineer at no additional cost to the Contracting Agency. The fourth paragraph is revised to read: Any pruning activity required to complete the Work as specified shall be performed by a Certified Arborist as designated by the Engineer. SECTION 1 -08, PROSECUTION AND PROGRESS April 5, 2010 1 -08.1 Subcontracting The second and third sentences in the eighth paragraph are revised to read: This Certification shall be submitted to the Project Engineer on WSDOT form 421 -023, "Quarterly Report of Amounts Paid as MBEMBE Participants ", quarterly for the State fiscal quarters: January 1 through March 31, April 1 through June 30, July 1 through September 30, October 1 through December 31, and for any remaining portion of a quarter through Physical Completion of the Contract. The report is due 20 calendar days following the fiscal quarter end or 20- calendar days after Physical Completion of the Contract. The last sentence in the ninth paragraph is revised to read: When required, this "Quarterly Report of Amounts Credited as DBE Participation" is in lieu of WSDOT form 421 -023, "Quarterly Report of Amounts Paid as MBE/WBE Participants ". 1 -08.5 Time for Completion The last two sentences in the first paragraph are revised to. read: When any of these holidays fall on a Sunday, the following Monday shall be counted a nonworking day. When the holiday falls on a: Saturday, the preceding Friday shall be counted a nonworking day. The days between December 25 and January 1 will be classified as nonworking days. SECTION 1- 09,.MEASUREMENT AND PAYMENT August 2;`2010 1 -09.9 Payments The first paragraph is revised to read: The basis of payment will be the actual quantities of Work performed according to the Contract and as specified for payment. The Contractor shall submit a breakdown of the cost of lump sum Items to enable the Project Engineer to determine the Work performed on a monthly basis. Lump sum item breakdowns shall be submitted prior to the first progress payment that includes payment for the Bid Item in question. A breakdown is not required for lump sum items that include a basis for incremental payments as part of the respective Specification. Absent a lump sum breakdown the Project Engineer will make a determination based on information available. The Project Engineer's determination of the cost of work shall be final. In the third paragraph, the second sentence is deleted. 1- 09.11(1)A Disputes Review Board Membership This section is supplemented with the following new paragraph: The Contracting Agency and Contractor shall indemnify and hold harmless the Board Members from and against all claims, damages,, losses and expenses, including but not limited to attorney's fees arising out of and resulting from the actions and recommendations of the Board. SECTION 2 -02, REMOVAL OF STRUCTURES AND. OBSTRUCTIONS January 4, 2010 2 -02.3 Construction Requirements The fourth paragraph is revised to read: The Contractor may dispose of waste material in Contracting Agency owned sites if the Special Provisions or the Engineer permits it. Otherwise, the Contractor shall arrange to dispose of waste at no expense to the Contracting Agency and the disposal shall meet the requirements of Section 2- 03.3(7)C. �'7 SECTION 8 -01, EROSION CONTROL AND WATER POLLUTION CONTROL August 2, 2010 8 -01.2 Materials In the first paragraph, the following is inserted after the first sentence: Corrugated Polyethylene Drain Pipe 9- 05.1(6) 8- 01.3(1) General In the sixth paragraph, the first sentence is revised to read: When natural elements rut or erode the slope, the Contractor shall restore and repair the damage with the eroded material where possible, and remove and dispose of any remaining material found in ditches and culverts. In the seventh paragraph the first two sentences are deleted. The table in the seventh paragraph is revised to read: Western Washington (West of the Cascade Mountain crest) May 1 through September 30 17 Acres October 1 through April 30 5 Acres Eastern Washington (East of the Cascade Mountain crest.) April 1 through October 31 17 Acres November 1 through March 31 5 Acres The eighth paragraph is revised to read: The Engineer may increase or decrease the limits based on project conditions. The ninth paragraph is revised to read: Erodible earth is defined as any surface where soils, grindings, or other materials may be capable of being displaced and transported by rain, wind, or surface water runoff. The 10th paragraph is revised to read: Erodible earth not being worked, whether at final grade or not, shall be covered within the specified time period, (see the tables below) using an approved soil covering practice. Western Washington (West of the Cascade Mountain crest) October 1 through April 30 2 -days maximum May 1 to September 30 7 -days maximum Eastern Washinqton (East of the Cascade Mountain crest.) October 1 through June 30 5 -days maximum July 1 through September 30 10 -days maximum 10 8- 01.3(1)A Submittals This section is revised to read: When a Temporary Erosion and Zediment Control. (TESC); Plan is included in the Plans, the Contractor shall either adopt or modify. the existing. TESC Plan. If modified, the Contractor's TESC Plan shall meet all requirements of'Chapter 6 -2 of the current edition of the WSDOT Highway Runoff Manual.-The Contractor shall provide a schedule for TESC Plan implementation and incorporate it into the Contractor's progress schedule. The Contractor shall obtain the Engineer's approval of the TESC Plan and schedule prior to the beginning of Work. The TESL Plan shall cover all areas that maybe affected inside and outside the limits of the project (including all Contracting Agency - provided sources, disposal sites, and haul roads, and all nearby land, streams, and other bodies of water). The Contractor shall allow at- least 5= working days for the Engineer to review any original or revised TESC Plan. Failure to approve all or part of any such Plan shall not make the Contracting Agency liable to the Contractor for any Work delays. 8- 01.3(1)6 Erosion and Sediment Control (ESC) Lead In the last paragraph, "Form Number 220 -030 EF" is revised to read " WSDOT Form Number 220 -030 EF ". 8- 01.3(1)C Water Management In number 2., the reference to "Standard Specification" is revised to read "Section ". Number 3., is revised to read: 3. Offsite Water Prior to disruption of the normal watercourse, the Contractor shall intercept the offsite stormwater and pipe it either through or around the project site. This water shall not be combined with onsite stormwater. It shall be discharged at its pre - construction outfall point in such a manner that there is no increase in erosion below the site. The method for performing this Work shall be submitted by the Contractor for the Engineer's approval. 8- 01.3(1)D Dispersion /Infiltration This section is revised to read: ' Water shall be conveyed only to dispersion or infiltration areas designated in the TESC Plan or to sites approved by the Engineer. Water shall be. conveyed to designated dispersion areas at a rate such that, when runoff leaves the area, and enters waters of the State, turbidity standards are achieved. Water shall be conveyed to designated infiltration areas at a rate that does not produce surface runoff. 8- 01.3(2)6 Seeding and Fertilizing The fourth paragraph is revised to read: The seed applied using a hydroseeder shall have a tracer added to visibly aid uniform application. This tracer shall not be harmful to plant, aquatic or animal life. If HECP Type 3 Mulch is used as a tracer, the application rate shall not exceed 250 - pounds per acre. 11 In the fifth paragraph, "hydro seeder" is revised to read "hydroseeder ". 8- 01.3(2)D Mulching In the second paragraph, the second sentence is revised to read: Wood strand mulch shall be applied by hand or by straw blower on seeded areas. In the third paragraph, "1" is revised to read "a single" and "hydro seeder" is revised to read "hydroseeder ". The fourth paragraph is revised to read: Temporary seed applied outside the application windows established in 8- 01.3(2)F shall be covered with a mulch containing either HECP Type 2 Mulch or HECP Type 1 Mulch, as designated by the Engineer. 8- 01.3(2)E Tacking Agent and Soil Binders The following new paragraph is inserted at the beginning of this Section: Tacking agent or soil binders applied using a hydroseeder shall have a mulch tracer added to visibly aid uniform application. This tracer shall not be harmful to plant, aquatic or animal life. If HECP Type 3 Mulch is used as a tracer, the application rate shall not exceed 250 - pounds per acre. The second sentence in the first paragraph below "Soil Binding Using Polyacrylamide (PAM)" is revised to read: A minimum of 200 - pounds per acre of HECP Type 3 Mulch shall be applied with the dissolved PAM. In the second paragraph below "Soil Binding Using Polyacrylamide (PAM) ", "within" is revised to read "after ". The paragraph "Soil Binding Using Bonded Fiber Matrix (BFM)" including title is revised to read: Soil Binding Using HECP Type 2 Mulch The HECP Type 2 Mulch shall be hydraulically applied in accordance with the manufacturer's installation instructions. The HECP Type 2 Mulch may require a 24 to 48 hour curing period to achieve maximum performance and shall not be applied when precipitation is predicted within 24 to 48 hours, or on saturated soils, as determined by the Engineer. The last paragraph including titled is revised to read: Soil Binding Using HECP Type 1 Mulch The HECP Type 1 Mulch shall be hydraulically applied in accordance with the manufacturer's installation instructions and recommendations. 8- 01.3(2)F Dates for Application of Final Seed, Fertilizer, and Mulch The first paragraph is revised to read: 12 Unless otherwise approved by the Engineer, the final application of seeding, fertilizing, and mulching of slopes shall be performed during the following periods: Western Washington' (West of the Cascade - Mountain' crest) March 1 through May 15 September 1 through.October 1 Eastern Washington (East of the Cascade Mountain crest) October 1 through November 15 only Where Contract timing is appropriate, seeding, fertilizing, and mulching shall be accomplished during the fall.,period listed above. Written permission to seed after October 1 will only be given when Physical Completion of the project is imminent and the environmental conditions are conducive to satisfactory growth. 8- 01.3(2)G Protection and Care of,Seeded Areas The first paragraph is revised to read: The Contractor shall be- responsible to ensure a .healthy stand of grass. The Contractor shall restore eroded areas, clean up and properly dispose of eroded materials, and reapply the seed, fertilizer, and mulch, at no additional cost to the Contracting Agency. In the second paragraph, number 1. is revised to read: At the Contractor's expense, seed, fertilizer and mulch shall be reapplied in areas that have been damaged through any cause prior to final inspection, and reapplied to areas that have failed to receive a uniform application at the specified rate. 8- 01.3(2)H Inspection The first sentence is revised to read: Inspection of seeded areas will be made upon completion of seeding, temporary seeding, fertilizing, and mulching. The third sentence is revised to read: Areas that have not received a uniform application of seed, fertilizer, or mulch at the specified rate, as determined by the Engineer, shall be reseeded, refertilized, or remulched at the Contractor's expense prior to payment. 8- 01.3(2)1 Mowing In the first paragraph, the last sentence is revised to read: Trimming around traffic facilities, Structures, planting areas, or other features extending above ground shall be accomplished preceding or simultaneously with each mowing. 8- 01.3(3) Placing Erosion Control Blanket In the first sentence, "Standard" is deleted. The second sentence is revised to read: Temporary erosion control blankets, having an open area of 60- percent or greater, may be installed prior to seeding. 13 8- 01.3(4) Placing Compost Blanket In the first paragraph, "before" is revised to read "prior to ". The last sentence is revised to read: Compost shall be Coarse Compost. 8- 01.3(5) Placing Plastic Covering The first sentence is revised to read: Plastic shall be placed with at least a 12 -inch overlap of all seams. 8- 01.3(6)A Geotextile- Encased Check Dam The first paragraph is deleted. 8- 01.3(6)B Rock Check Dam This section including title is revised to read: 8- 01.3(6)B Quarry Spall Check Dam The rock used to construct rock check dams shall meet the requirements for quarry spalls. 8- 01.3(6)D Wattle Check Dam This section is revised to read: Wattle check dams shall be installed in accordance with the Plans. 8- 01.3(6)E Coir Log This section is revised to read: Coir logs shall be installed in accordance with the Plans. 8- 01.3(9)A Silt Fence In the second paragraph, the second sentence is revised to read: The strength of the wire or plastic mesh shall be equivalent to or greater than what is required in Section 9- 33.2(1), Table 6 for unsupported geotextile (i.e., 180 lbs. grab tensile strength in the machine direction). 8- 01.3(9)B Gravel Filter, Wood Chip or Compost Berm In the second paragraph, the last sentence is deleted. The third paragraph is revised to read: The Compost Berm shall be constructed in accordance with the detail in the Plans. Compost shall be Coarse Compost. 8- 01.3(9)C Straw Bale Barrier This section is revised to read: Straw Bale Barriers shall be installed in accordance with the Plans. 14 8- 01.3(9)D Inlet Protection This section is revised to read: Inlet protection shall be installed below or above, or as a prefabricated cover at each inlet grate; as° shown in the Plans. Inlet protection devices-'shall be installed prior to beginning clearing, grubbing, or earthwork activities. Geotextile fabric in all prefabricated inlet protection devices-'shall meet or exceed the requirements of Section 9 -33.2, Table 1 for Moderate Survivability, and the minimum filtration properties of Table 2. When the depth of accumulated sediment and debris reaches approximately '/2 the height of an internal- device or '/3 the height of the external - device (or less when so specified by the manufacturers) or as designated by the Engineer, the deposits shall be removed and stabilized on site in accordance with Section 8- 01.3(16). 8- 01.3(10),,Wattles In the first paragraph, the third sentence is revised to read: Excavated material shall be spread evenly along the uphill slope and be compacted using hand tamping or other method approved by the Engineer. This section is supplemented with the following new paragraph: The Contractor shall exercise care when installing wattles to ensure that the method of installation minimizes disturbance of waterways and prevents sediment or pollutant discharge into waterbodies. 8- 01.3(12) Compost Sock In the first paragraph, "sock" is revised to read "socks" and "streambed" is revised to read "waterbodies ". In the second paragraph "bank" is revised to read "slope ". In the third paragraph "and" is revised to read "or ". This section is supplemented with the following new paragraph: Compost for Compost Socks shall be Coarse Compost. 8- 01.3(14) .Temporary Pipe Slope Drain The first paragraph is revised to read: Temporary pipe slope drain shall be Corrugated Polyethylene- Drain Pipe and shall be constructed in accordance with the Plans The last paragraph is revised to read: Placement of outflow of the pipe shall not pond water on road surface. 15 8- 01.3(15) Maintenance In the fourth paragraph, the last sentence is revised to read: Clean sediments may be stabilized on site using approved BMPs as approved by the Engineer. 8- 01.3(16) Removal In the second paragraph, the last sentence is revised to read: This may include, but is not limited to, ripping the soil, incorporating soil amendments, and seeding with the specified seed. 8 -01.4 Measurement The eighth paragraph is revised to read: Silt fence, gravel filter, compost berms, and wood chip berms will be measured by the linear foot along the ground line of completed barrier. 8 -01.5 Payment The following bid items are relocated after the bid item "Check Dam ": "Inlet Protection ", per each. "Gravel Filter Berm ", per linear foot. The following new paragraph is inserted before the bid item "Stabilized Construction Entrance ": The unit Contract price per linear foot for "Check Dam" and "Gravel Filter Berm" and per each for "Inlet Protection" shall be full pay for all equipment, labor and materials to perform the Work as specified, including installation, removal and disposal at an approved disposal site. The paragraph after the bid item "Temporary Curb" is revised to read: The unit Contract price per linear foot for temporary curb shall include all costs to install, maintain, remove, and dispose of the temporary curb. The following bid item is inserted after the bid item "Mulching with Pam ": "Mulching with HECP Type 3 Mulch ", per acre. The bid item "Mulching with BFM" is revised to read: "Mulching with HECP Type 2 Mulch" The bid item "Mulching with MBFM /FRM" is revised to read: "Mulching with HECP Type 1 Mulch" 16 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 more1han 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. DIVISION 1 GENERAL REQUIREMENTS INTRODUCTION TO THE SPECIAL PROVISIONS (July 31, 2007 APWA GSP) 17 The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2008 edition, as issued by the Washington State Department of Transportation ( WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter "Standard Specifications "). The Standard Specifications, as modified or supplemented by the Amendments to the Standard Specifications and these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project- specific fill -ins; and project- specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply. The project- specific Special Provisions are not labeled as such. The GSPs are labeled under the headers of each GSP, with the date of the GSP and its source, as follows: (May 18, 2007 APWA GSP) (August 7, 2006 WSDOT GSP) (April 27, 2009 Yakima GSP) Also incorporated into the Contract Documents by reference are: • Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any • Standard Plans for Road, Bridge and Municipal Construction, WSDOT /APWA, current edition Contractor shall obtain copies of these publications, at Contractor's own expense. DESCRIPTION OF WORK (March 13, 1995) This contract provides for the improvement of * ** North 54`h Avenue in Yakima, Washington by making drainage improvements. The work shall consist of removing asphalt and underlying materials and replacing them with fractured drain rock, leveling course aggregate and porous concrete pavement, * ** and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications. 18 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;' „ ",D.epartment 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. 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. 19 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. Traff ic Both vehicular and non - vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. BID PROCEDURES AND CONDITIONS 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 chapter 18.27 RCW; (b) Have a current state unified business identifier number; 20 (c) If applicable, have, industrial insurance coverage for the bidder's employees working in.,Washington as required in Title 51 RCW; an employment security 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 Basis of Distribution Reduced plans (11" x 17 ") 6 Furnished automatically and Contract Provisions upon award. Large plans (e.g., 22" x 01 Not available. 34 ") and Contract Provisions 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. 21 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). 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. Preparation Of Proposal 1 (August 2, 2004) The fifth and sixth paragraphs of Section 1 -02.6 are deleted. , 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. R 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 Proiect Number as stated in the Request for Bids Letter, clearly marked on the. outside of the envelope, or as otherwise stated in the Bid Documents, to ensure proper handling and delivery. Public Opening of Proposal ' Section 1 -02.12 is supplemented with the following: Date of Opening Bids Sealed bids are to be received at one of the following locations prior to the time Specified: ' 1. At the City Clerk's Office, City of Yakima, 129 N. 2nd Street, Yakima, WA 98901 until 2:00 pm of the bid opening date. The bid opening date for this project is as listed in the Invitation to Bid. Bids received will be publicly opened 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, onconditions; ` 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. 23 1 -02.15 Pre Award Information (October 1, 2005 APWA GSP) Revise this section to read: Before awarding any contract, the Contracting Agency may require one or more of these items or actions of the apparent lowest responsible bidder: 1. A complete statement of the origin, composition, and manufacture of any or all materials to be used, 2. Samples of these materials for quality and fitness tests, 3. A progress schedule (in a form the Contracting Agency requires) showing the order of and time required for the various phases of the work, 4. A breakdown of costs assigned to any bid item, 5. Attendance at a conference with the Engineer or representatives of the Engineer, 6. Obtain, and furnish a copy of, a business license to do business in the city or county where the work is located. 7. A copy of State of Washington Contractor's Registration, or 8. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder. 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 Revise this section to read: 24 Copies of the Contract Provisions, includinq 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 ContractingrAgency. Within twenty (20), calendar days after the award date, the successful bidder shall return the -signed, Contracting Agency - prepared contract, an insurance certification as required by Section 1- 07.18, and a satisfactory bond as required by law and Section 1 -03.4. Before execution of the contract by the Contracting Agency,-,the successful bidder shall provide any pre -award information the Contracting Agency may require under Section 1- 02.15. Until the Contracting, Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency- furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered; before the contract is executed by the Contracting Agency. If the bidder experiences circumstances beyond their control that prevents return of the contract documents within the calendar days after the award date stated above, the Contracting Agency may grant up to a maximum of twenty (20) additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. 1 -03.4 Contract Bond (October 1, 2005 APWA GSP) Revise the first paragraph to read: The successful bidder shall provide an executed contract bond for the full contract amount. This contract bond shall: 1. Be on a Contracting Agency- furnished form; 2. Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current Authorized Insurance List in the.State of Washington published by the Office of the Insurance Commissioner, 3. Be conditioned upon the faithful performance of the contract by the Contractor within the prescribed time; 4. Guarantee that the surety shall indemnify, defend, and protect the Contracting Agency against any claim of direct or indirect loss resulting from the failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform the contract, or b. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, 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 25 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 -04.2 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. 1 -05 CONTROL OF WORK 1 -05.4 Conformity with and Deviations from Plans and Stakes This section is supplemented with the following: The Contractor shall be responsible for all project surveying. 1 -05.7 Removal of Defective and Unauthorized Work (October 1, 2005 APWA GSP) Supplement this section with the following: If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the Contract Documents, the Engineer may correct and remedy such work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary. If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work corrected immediately, have the rejected work removed and replaced, or have work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public. Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized work. No adjustment in contract time or compensation will.be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency's rights provided by this Section. The rights exercised under the provisions of this section shall not diminish the Contracting Agency's right to pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the work as. required. 1 -05.11 Final. Inspection Delete this section and replace it with the following: 1 -05.11 Final Inspections and Operational Testing (October 1, 2005 APWA GSP) 1- 05.11(1) Substantial Completion Date When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor's request shall list the specific items of work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the work with the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally. If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion'Date. If, after this inspection the Engineer does not consider the work substantially complete and ready for its intended use,, the Engineer will, by written notice, so notify the Contractor giving the reasons therefor. Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection. 27 1- 05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1 -05.7. The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Engineer's right hereunder. Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled. 1- 05.11(3) Operational Testing It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the physical completion date. Whenever items of work are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. 28 Operational and test periods, when required by the Engineer, shall not affect a manufacturer's guaranties or warranties furnished under the terms of the contract. 1 -05.15 Method of Serving Notices (March 25, 2009 APWA GSP) Revise the second paragraph to read: All correspondence from the Contractor shall be directed to the Project Engineer. All correspondence from the Contractor. constituting any notification, notice of protest, notice of dispute, or other correspondence constituting notification required to be furnished under the Contract, must be in paper format, hand delivered or sent via mail delivery service to the Project Engineer's office. Electronic copies such as e- mails or electronically delivered copies of correspondence will not constitute such notice and will not comply with the requirements of the. Contract. Add the following new section: 1 -05.16 Water and Power (October 1, 2005 APWA GSP) The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the contract includes power and water as a pay item. 1 1 -06 CONTROL OF MATERIAL t1- 06.2(1) Samples and Tests for Acceptance This section of the standard specifications is, supplemented and added to the construction contract specifications and bid documents: ' The Contractor shall be responsible for scheduling and paying for all material testing P 9 P Y 9 9 required for this project. All testing services shall be performed by an independent, ' certified testing firm and /or laboratory meeting the approval of the Engineer: The Contractor shall submit information relating to the qualifications of the proposed testing firm to the Engineer for review and approval prior to the preconstruction ' conference. The testing frequencies listed below may be modified to assure compliance with specifications. In each case, the Engineer may require additional tests be performed at the Contractor's expense, if test results do not meet the ' required densities and results. Moisture density curves for each type of material encountered and copies of all test ' results shall be submitted to the Engineer as construction progresses for Trench Backfilling, Embankment Compaction, Subgrade Preparation, and Ballast and Crushed Surfacing. ' 29 The sampling frequency is as follows: Trench Backfilling Compaction tests shall be taken at a frequency and at depths sufficient to document that the required density has been achieved. At a minimum, one (1) compaction test shall be taken for each 100 linear feet of main pipeline trench and one (1) test for each street crossing. At alternating 100 -foot locations along the main trench line, tests shall be taken at 1 -foot, 2 -foot and 3 -foot depths below finish grade. Compaction shall conform to Section 7- 08.3(3) or 7- 09.3(11) as applicable to the pipeline being constructed. At a minimum, compaction within the roadway area shall be to at least 95% of maximum density as determined by ASTM D 1557 (Modified Proctor). Embankment Construction Compaction tests shall be taken at a frequency sufficient to document that the required density has been achieved. At a minimum, one (1) compaction test shall be taken for every 5000 square feet of surface area for each lift of roadway embankment. Roadway embankment compaction shall be as specified in Section 2- 03.3(14). Subgrade Preparation Compaction tests shall be taken at a frequency sufficient to document that the required density has been achieved. At a minimum, one (1) compaction test shall be taken for every 5,000 square feet of surface area for each lift of roadway subgrade. Subgrade compaction shall be as specified in Section 2- 06.3(2). Ballast and Crushed Surfacinq Compaction tests shall be taken at a frequency sufficient to document that the required density has been achieved. At a minimum, one (1) compaction test shall be taken for every 5,000 square feet of surface area for each lift of ballast or crushed surfacing. Compaction of ballast and crushed surfacing shall be as specified in Section 4- 04.3(5). Asphalt Concrete Pavement Copies of the maximum Rice density test for each class of asphalt concrete pavement and copies of all test results shall be provided to the Engineer as construction progresses. Density tests shall be taken at a frequency sufficient to document that the required density has been achieved. At a minimum, one (1) compaction test shall be taken for every 5000 square feet of surface area for each lift of asphalt concrete pavement. Compaction of asphalt concrete pavement shall be as specified in Section 5- 04.3(10) B of these Special Provisions. C Cement Concrete Curb, Gutter and Sidewalk One test shall bet -taken for. every 500 cubic yards of concrete placed for curb, gutter or sidewalk. rThe concrete -shall be tested for temperature, air content, slump and compressive-strength. LEGAL RELATIONS-AND RESPONSIBILITIES TO THE PUBLIC 1 -07.1 Laws to be Observed (October 1, 2005 APWA GSP) Supplement this section with the following: In cases of conflict between different safety regulations, the more stringent regulation shall apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor's care, persons, including employees, who may have been injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor's care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy ' of the Contractor's plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project ' site, including safety for all- persons and property in the performance of the work. This requirement -shall apply•continuously, and not be limited to normal working hours. The required or implied, duty of the Engineer to conduct construction review of the Contractor's performance does not, and shall not, be intended to include review and adequacy of the -Contractor's, safety measures in, on, or'near the project site. 1 -07.2 State Sales Tax Delete this section, including its sub - sections, in its entirety and replace it with the following: 1 -07.2 State Sales Tax (October 1, 2005 APWA GSP) 1- 07.2(1) General 31 Rule 171 shall apply to this project. 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 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. 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. 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, 32 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. Permits And Licenses Section 1 -07.6 is supplemented with the following: (March 13, 1995) No hydraulic permits are required for this project unless the Contractor's operations use, divert, obstruct, or change the natural flow or bed of any river or stream, or utilize any of the waters of the State or materials from gravel or sand bars, or from stream beds. Load Limits Section 1 -07.7 is supplemented with the following: ' (March 13, 1995) If the sources of materials provided by the Contractor necessitates hauling over ' roads other than State Highways, the Contractor shall, at the Contractor's expense, make all arrangements for the use of the haul routes. 1 -07.15 Temporary Water Pollution /Erosion Control 1- 07.15(1) Spill Prevention, Control and Countermeasures Plan ' Section 1- 07;15(1) is supplemented with the following: (August 3, 2009) ' The Contractor shall address the following items in the SPCC Plan in addition to the requirements of Section 1- 07.15(1): ' Mixing, Transfers, & Storage 1. All oil, fuel or chemical storage tanks or containers shall be diked and located on impervious surfaces so as to prevent spill from escaping. ' 2. All liquid products shall be stored and mixed on impervious surfaces in a secure water tight environment and provide containment to handle ' the maximum volume of liquid products on site at any given time. 3. Proper security shall be maintained to prevent vandalism. t 33 4. Drip pans or other protective devices shall be required for all transfer operations. Spills Paint and solvent spills shall be treated as oil spills and shall be prevented from reaching storm drains or other discharges. No cleaning solvents or chemicals used for tool or equipment cleaning may be discharged to the ground or water. Maintenance of Equipment Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc, shall be checked regularly for drips or leaks and shall be maintained and stored properly to prevent spills into State waters. Disposal Spilled waste, chemicals or petroleum products shall be transported off site for disposal at a facility approved by the Department of Ecology. The materials shall not be discharged to any sanitary sewer without approval of the local sewer authority. Reporting and Cleanup The Contractor's designated person for managing and implementing the SPCC Plan shall report hazardous material spills as follows: Spills into State water (including ponds, ditches, seasonally dry streams, and wetlands) — Immediately call all of the following: National Response Center 1- 800 - 424 -8802 WA State Div. of Emergency Management (24 hr)1- 800 - 258 -5990 Ecology Central Regional Office 509 - 575 -2490 Spill to Soil (Including encounters of pre- existing contamination): Ecology Central Regional Office 509 - 575 -2490 Report immediately if threatening to health or environment (i.e., explosive, flammable, toxic vapors, shallow groundwater, nearby creek), otherwise within 90 days Underground Storage Tank (confirmed release of material) Ecology Central Regional Office 509 - 575 -2490 Report within 24 hours 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. 34 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: Cascade Natural Gas Corp. 401 N. 151 St. Yakima, WA 98901 509 - 457 -5905 Charter Communications 1005 N. 16`h Ave. Yakima, WA 98902 509- 575 -1697 Pacific Power P.O. Box 1729 Yakima, WA 98907 509 - 575 -3146 Qwest 8 W. 2nd Ave. Room 304 Yakima, WA 98902 509- 575 -7183 Nob Hill Water Association 6111 Tieton Drive Yakima, WA 98908 509 - 966 =0272 City of Yakima Wastewater Div. 2220 E: Viola Yakima, WA 98901 509 -575 -6077 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. The depth of the sanitary sewer lines were checked and the . top of the pipes are approximately six (6) feet below ground. The water lines were not potholed and some hand work may be required while working around the water lines. 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 rightJo approve or reject the insurance provided, based on the insurer (including financial condition), terms and coverage, the Certificate of Insurance, and /or endorsements. 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 35 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 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. 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. 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, 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 coverages listed in 1- 07.18(5)A and 1- 07.18(5)6. Upon request of the Contracting Agency, the Contractor shall provide evidence of such insurance. 36 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. 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. The City of Yakima, its officers, elected or appointed officials, employees, agents, and volunteers are additional insured's for North 54`h Avenue Drainage Improvements, City Project No. 2309. 1- 07.18(5) Coverages and Limits The insurance shall provide the minimum coverages 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. 1- 07.18(5)A Commercial General Liability A 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) 37 Such 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. Public Convenience And Safety Construction Under Traffic Section 1- 07.23(1) is supplemented with the following: (April 2, 2007) Work Zone Clear Zone The Work Zone Clear Zone (WZCZ) applies during working and nonworking hours. The WZCZ applies only to temporary roadside objects introduced by the Contractor's operations and does not apply to preexisting conditions or permanent Work. Those work operations that are actively in progress shall be in accordance with adopted and approved Traffic Control Plans, and other contract requirements. During nonworking hours equipment or materials shall not be within the WZCZ unless they are protected by permanent guardrail or temporary concrete barrier. The use of temporary concrete barrier shall be permitted only if the Engineer approves the installation and location. During actual hours of work, unless protected as described above, only materials absolutely necessary to construction shall be within the WZCZ and only construction vehicles absolutely necessary to construction shall be allowed within the WZCZ or allowed to stop or park on the shoulder of the roadway. 38 The Contractor's nonessential vehicles and employees private vehicles shall not be permitted to park within the WZCZ at any time unless protected as described above. Deviation from the above requirements shall not occur unless the Contractor has trequested the deviation in writing and the Engineer. has provided written ,approval. Minimum WZCZ -distances are measured from the edge of traveled way and will be determined as follows: Posteil7, Pe "> wDistancia From ,s .. v • ::.. �1'?.,�:i _�: '� °,.iI3F wI']iJii.' �1 1 Y y Lek• { !;' � . �'{• fi+'nwS 11�,� 3.r �S:I.i. .i " -:�: =• _t.. Sn >i =r�.�, N��, `• „ „ %� ita� tii ?�f,= :tiRa;�.N' i..'.a�; a.�. :14�'i..., 35 mph or. less 10* 40 mph 15 45 to 55 mph 20 60 mph or greater 30 or 2 -feet beyond the outside edge of sidewalk Minimum Work Zone Clear Zone Distance North 54`h Avenue shall have at least one lane open to traffic at all times. PROSECUTION AND PROGRESS Add the following new section: 1- 08.0(1) Preconstruction Conference (October 10, 2008 APWA GSP) Prior to the Contractor beginning the work, a preconstruction conference will be held between the Contractor, the Engineer and such other interested parties as may be invited. The purpose of the preconstruction conference will be: 1. To review the initial progress schedule; 2. To establish a working understanding among the various parties associated or affected by the work; 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc.; 4. To establish normal working hours for the work; 5. To review safety standards and traffic control; and 6. To discuss such other related items as may be pertinent to the work. The Contractor shall prepare and submit at the preconstruction conference the following: 1. A breakdown of all lump sum items; 2. A preliminary schedule of working drawing submittals; and 3. A list of material sources for approval if applicable. 0 Add the following new section: 1- 08.0(2) Hours of Work (May 25, 2006 APWA GSP) Except in the case of emergency or unless otherwise approved by the Contracting Agency, the normal straight time working hours for the contract shall be any consecutive 8 -hour period between 7:00 a.m. and 6:00 p.m. of a working day with a maximum 1 -hour lunch break and a 5 -day work week. The normal straight time 8- hour working period for the contract shall be established at the preconstruction conference or prior to the Contractor commencing the work. If a Contractor desires to perform work on holidays, Saturdays, Sundays, or before 7:00 a.m. or after 6:00 p.m. on any day, the Contractor shall apply in writing to the Engineer for permission to work such times. Permission to work longer than an 8- hour period between 7:00 a.m. and 6:00 p.m. is not required. Such requests shall be submitted to the Engineer no later than noon on the working day prior to the day for which the Contractor is requesting permission to work. Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject to noise control requirements. Approval to continue work during these hours may be revoked at any time the Contractor exceeds the Contracting Agency's noise control regulations or complaints are received from the public or adjoining property owners regarding the noise from the Contractor's operations. The Contractor shall have no claim for damages or delays should such permission be revoked for these reasons. Permission to work Saturdays, Sundays, holidays or other than the agreed upon normal straight time working hours Monday through Friday may be given subject to certain other conditions set forth by the Contracting Agency or Engineer. These conditions may include but are not limited to: requiring the Engineer or such assistants as the Engineer may deem necessary to be present during the work; requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight -time costs for Contracting Agency employees who worked during such times, on non Federal aid projects; considering the work performed on Saturdays, Sundays, and holidays as working days with regards to the contract time; and considering multiple work shifts as multiple working days with respect to contract time even though the multiple shifts occur in a single 24 -hour period. Assistants may include, but are not limited to, survey crews; personnel from the Contracting Agency's material testing lab; inspectors; and other Contracting Agency employees when in the opinion of the Engineer, such work necessitates their presence. 1 -08.1 Subcontracting Section 1 -08.1 is supplemented with the following: 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. 40 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 tathe Engineer: Request to Sublet Work (Form 421 -012), and 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. 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 Contractinq 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 proiect site within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue 41 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. Time For Completion (March 13, 1995) Section 1 -08.5 is supplemented with the following: This project shall be physically completed within * ** 25 * ** working days. (June 28, 2007 APWA GSP, Option A) Revise the third and fourth paragraphs to read: Contract time shall begin on the first working day following the Notice to Proceed Date. Each working day shall be charged to the contract as it occurs, until the contract work is physically complete. If substantial completion has been granted and all the authorized working days have been used, charging of working days will cease. Each week the Engineer will provide the Contractor a statement that shows the number of working days: (1) charged to the contract 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. 5y not filing such detailed protest in that period, the Contractor shall be deemed as having accepted the statement as correct. If the Contractor elects to work 10 hours a day and 4 days a week (a 4 -10 schedule) and the fifth day of the week in which a 4 -10 shift is worked would ordinarily be charged as a working day then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day. Revise the sixth paragraph to read: The Engineer will give the Contractor written notice of the completion date of the contract after all the Contractor's obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical work on the project must be complete; and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: 42 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 -09.6 ForcwAccount (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 th6'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 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. 43 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. TEMPORARY TRAFFIC CONTROL Traffic Control Management General (December 1, 2008) Section 1- 10.2(1) is supplemented with the following: Only training with WSDOT TCS card and WSDOT training curriculum is recognized in the State of Washington. The Traffic Control Supervisor shall be certified by one of the following: The Northwest Laborers - Employers Training Trust 27055 Ohio Ave. Kingston, WA 98346 (360) 297 -3035 Evergreen Safety Council 401 Pontius Ave. N. Seattle, WA 98109 1- 800 - 521 -0778 or (206) 382 -4090 The American Traffic Safety Services Association 15 Riverside Parkway, Suite 100 44 Fredericksburg, Virginia 22406 -1022 Training Dept. Toll Free (877) 642 -4637 Phone: (540) 368 -1701 Lump Sum Bid for Project (No Unit Items) Section 1- 10.4(1) is supplemented with the following: (August 2, 2004) The proposal contains the item "Project Temporary Traffic Control," lump sum. The provisions of Section 1- 10.4(1) shall�apply. DIVISION 2 EARTHWORK ROADWAY EXCAVATION-AND EMBANKMENT Measurement Section 2 -03.4 is supplemented with the following: (March 13, 1995) Only one determination of the original ground elevation will be made on this project. Measurement for roadway excavation and embankment will be based on the original ground elevations recorded previous to the award of this contract. Control stakes will be set during construction to provide the 'Contractor with all essential information for the construction of excavation and embankments. If discrepancies are discovered in the ground elevations which will materially affect the quantities of earthwork, the original computations of earthwork quantities will be adjusted accordingly. Earthwork quantities will be computed, either manually or by means of electronic data processing equipment, by use of the average end area method or by the finite element analysis method utilizing digital terrain modeling techniques. Copies of the ground cross - section notes will be available for the bidder's inspection, before the opening of bids; at the Project Engineer's office and at the Region office. Upon award of the contract, copies of the original ground cross - sections will be furnished to the successful bidder on request to the Project Engineer. 5 -05 CEMENT CONCRETE PAVEMENT POROUS CONCRETE PAVEMENT Construction Requirements Section 5 -05.3 is supplemented with the following: Work on the North 54th Avenue Drainage Improvement project shall conform to all requirements of American Concrete Institute (ACI) Specification 522.1, 'Specification for Pervious Concrete Pavement,' published by the American 45 Concrete Institute, Farmington Hills, Michigan, except as modified by these Contract Documents. Concrete Mix Design for Paving Section 5- 05.3(1) is supplemented with the following: The nominal maximum aggregate size for porous concrete pavement shall be 2 ". Subgrade Section 5- 05.3(6) is supplemented with the following: The subgrade beneath the porous concrete pavement shall consist of a 0.17' leveling course aggregate, a variable depth layer of 11/2" fractured drain rock, and construction geotextile for separation between the drain rock and the native soil. Contraction Joints Section 5- 05.3(8)A is supplemented with the following: Transverse contraction joints shall be required at the spacing shown in the Plans. Protection of Pavement Section 5- 05.3(16) is supplemented with the following: No operating vibratory compaction equipment of any kind may be used within 50 feet of the nearest edge of the porous concrete pavement during the initial 7 day cure period. After the 7 day cure period has passed, vibratory drum roller compaction equipment may be used to within three feet of the porous concrete pavement. Sled compactors may be used up to the edge of pavement. Measurement Section 5 -05.4 is supplemented with the following: Porous concrete pavement placement and finishing will be measured by the square foot for the completed pavement. Porous concrete pavement will be measured by the cubic yard. Payment Section 5 -05.5 is supplemented with the following: "Porous Concrete Pavement Placement and Finishing ", per square foot. "Porous Concrete Pavement ", per cubic yard. 46 DIVISION 8 MISCELLANEOUS CONSTRUCTION EROSION CONTROL AND WATER POLLUTION CONTROL Construction Requirements General (April 3, 2006) Erodible Soil Eastern Washington The eighth paragraph of: Section 8- 01.3(1) is revised to read: Erodible soil not being worked whether at final grade or not, shall be covered within the following time period using an approved soil cover practice, unless authorized by the Engineer: July 1 through September 30 30 days October 1 through June 30 15 days DIVISION 9 AGGREGATES 9 -03.9 Aggregates for Ballast and Crushed Surfacing Section 9 -03.9 is supplemented with the following: A. AASHTO No. 57 The aggregate shall be washed, free of organics and soluble slats, or other containments likely to cause efflorescence. The grading requirement shall be in compliance with the following gradation'chart. ASTM Sieve Size Percent Passing (By Weight) 1.5 -inch 100 min 1 -inch 95-100 0.5 -inch 25-60 No. 4 10 max No. 8 5 max No. 16 - MEASUREMENT AASHTO No. 57 will be measured by the ton of aggregate actually placed. 47 PAYMENT "AASHTO No. 57 ", per ton. The unit Contract price per ton for the bid item specified above shall be full pay for furnishing all labor, tools, equipment and materials required to construct the aggregate layer for the porous concrete section as shown on the plans. STANDARD PLANS August 2, 2010 The State of Washington Standard Plans for Road, Bridge and Municipal Construction M21 -01 transmitted under Publications Transmittal No. PT 09 -013, effective August 2, 2010 is made a part of this contract. The Standard Plans are revised as follows: B -10.20 and B10.40 Substitute "step" in lieu of "handhold" on plan C -3, C -36, C -3C Note 1 is revised as follows: replace reference F -2b with F -10.42 C -14a SECTION B, callout - 1'/2" PVC CONDUIT (TYP.) is revised to read: 1'/4" PVC CONDUIT (TYP.) callout (mark) 8 #9 - 36" (TYP.) is revised to read: callout (mark) 8 #8 - 36" (TYP.) EPDXY BAR EXPANSION JOINT DETAIL, callout (mark) W #9 (epoxy coated symbol) - 36" (TYP.) is revised to read: callout (mark) 8 #8 (epoxy coated symbol) 36" (TYP.) D -3a Deleted D -3b Key Note 7,reference D -3a is revised to D -3.10 TYPICAL SECTION, lower left corner, reference D -3a is revised to D -3.10 D -3c Key Note 7,reference D -3a is revised to D -3.10 TYPICAL SECTION, lower left corner, references (2x) D -3a are revised to D -3.10 F -40.10 Deleted F -40.18 Deleted F -40.20 Deleted F -42.10 48 Deleted G -24.40 1 Existing callout = CORNER BOLT (TYP.) New callout - CORNER BOLT OR SHOULDER BOLT (TYP.) ' G -24.60 ELEVATION, upper left corner, callout W6x12 STEEL SIGN POST (TYP.) is revised to read: W6x9`(TP -A) W6x12 (TP -B) STEEL SIGN POST (TYP.) J -1f Note 2; reference to J -7d is revised to J -15.15 J -3b Sheet 2 of 2, Plan View of Service Cabinet, Boxed Note, "SEE STANDARD PLAN J- 6C..." is revised to read: "SEE STANDARD PLAN J- 10.10..." J -6c Deleted J -7c Note 3, reference to J -7d is revised to J -15.15 J -7d Deleted J -16a Deleted J -16b Key Note 1, reference to J -16a is revised to J -40.36 J -16c Key Note 1, reference to J -16a is revised to J -40.36 K -80.30 In the NARROW BASE, END view, the reference to Std. Plan C -8e is revised to Std. Plan K -80.35 L- 20.10, Sheet 1 ' Delete all references to tension cable and substitute tension wire. Add knuckled selvage is required on the top edge of the fence fabric. ' L- 20.10, Sheet 2 Delete all references to tension cable and substitute tension wire. All rope thimbles, wire rope clips and seizing are not required. ' L- 30.10. Sheet 1 Delete all references to tension cable and substitute tension wire. ' L- 30.10. Sheet 2 Delete all references to tension cable and substitute tension wire. ' 49 All rope thimbles, wire rope clips and seizing are not required. M -1.60 COLLECTOR DISTRIBUTOR ROAD OFF- CONNECTION, taper dimensions of 225 MIN. is changed to 300' MIN. M -65.10 PERSPECTIVE VIEW, add dim. "SEE NOTE 1" to right side of PERSPECTIVE VIEW. To clarify that the requirement must be met on both sides of the roadway The following are the Standard Plan numbers applicable at the time this project was advertised. The date shown with each plan number is the publication approval date shown in the lower right -hand corner of that plan. Standard Plans showing different dates shall not be used in this contract. A- 10.10- 00........8/07/07 A- 30.35- 00......10/12/07 A- 50.20- 01.......9/22/09 A- 10.20- 00......10/05/07 A- 40.00- 00........8/11/09 A- 50.30- 00.....11/17/08 A- 10.30- 00......10/05/07 A- 40.10- 01........8/11/09 A- 50.40- 00.....11/17/08 A- 20.10- 00........8/31/07 A- 40.15- 00........8/11/09 A- 60.10- 01......10/14/09 A- 30.10- 00 ...... 11 /08/07 A- 40.20- 00........9/20/07 A- 60.20- 01 ........ 8/11 /09 A- 30.15- 00 ...... 11 /08/07 A- 40.50- 00 ...... 11 /08/07 A- 60.30- 00 ...... 11 /08/07 A- 30.30- 00 ...... 11 /08/07 A- 50.10 - 00.....11 /17/08 A- 60.40- 00 ........ 8/31 /07 B- 5.20- 00 .......... 6/01 /06 B- 30.50- 00 ........ 6/01 /06 B- 75.20- 01 ....... 6/ 10/08 B -5.40- 00 .......... 6/01 /06 B- 30.70- 01 ........ 8/31 /07 B- 75.50- 01.......6/10/08 B- 5.60- 00 .......... 6/01 /06 B- 30.80- 00........6/08/06 B- 75.60- 00.......6/08/06 B- 10.20- 00........6/01/06 B- 30.90- 01........9/20/07 B- 80.20- 00.......6/08/06 B- 10.40- 00 ........ 6/01 /06 B- 35.20- 00........6/08/06 B- 80.40- 00 ....... 6/01 /06 B- 10.60- B- 35.40- 00........6/08/06 B- 82.20- 00 ....... 6/01 /06 00........6/08/06 B- 15.20- 00........6/01/06 B- 40.20- 00........6/01/06 B- 85.10- 01.......6/10/08 B- 15.40- 00........6/01/06 B- 40.40- 01........6/16/10 B- 85.20- 00.......6/01/06 B- 15.60- 00 ........ 6/01 /06 B- 45.20- 00 ........ 6/01 /06 B- 85.30- 00 ....... 6/01 /06 B- 20.20- B- 45.40- 00 ........ 6/01 /06 B- 85.40- 00.......6/08/06 01......11/21/06 B- 20.40- B- 50.20- 00........6/01/06 B- 85.50- 01.......6/10/08 02........6/10/08 B- 20.60- 02........6/10/08 B- 55.20- 00........6/01/06 B- 90.10- 00.......6/08/06 B- 25.20- 00........6/08/06 B- 60.20- 00........6/08/06 B- 90.20- 00.......6/08/06 B- 25.60- 00 ........ 6/01 /06 B- 60.40- 00 ........ 6/01 /06 B- 90.30- 00.......6/08/06 B- 30.10- B- 65.20- 00 ........ 6/01 /06 B- 90.40- 00.......6/08/06 00........6/08/06 B- 30.20- 01 ...... 11/21/06 B- 65.40- 00 ........ 6/01 /06 B- 90.50- 00.......6/08/06 B- 30.30- B- 70.20- 00 ........ 6/01 /06 B- 95.20- 01.......2/03/09 00........6/01 /06 B- 30.40- B- 70.60- 00 ........ 6/01 /06 B- 95.40- 00.......6/08/06 00........6/01 /06 C- 1 ....................2 /10/09 C- 4e .................. 2/20/03 C- 14i ................. 2/10/09 C -1 a .................10/14/09 C- 4f ................... 6/30/04 C- 14j ............... 12/02/03 C -1 b ................6/3/10 C- 5 .................. 10 /14/09 C- 50 C -1 c ..................5/30/97 C -1 d ................10/31 /03 C- 2 ....................1 /06/00 C- 2a ..................6/21 /06 C- 2b ............. ......6/21 /06 C- 2c ..................6/21 /06 C- 2d ..................6/21 /06 C- 2e ..................6/21 /06 C -2f ...................3/ 14/97 C- 2g ..................7 /27/01 C -2 h .................. 3/28/97 C- 2i ...................3/28/97 C -8f ................... C -2j ...................6/ 12/98 C -2 k .................. 7/27/01 C -2 n .................. 7/27/01 C- 2o ..................7/13/01 C- 2p ................10/31 /03 C- 3 ..................10 /04/05 C- 3a ................10/04/05 C- 3b ................10/04/05 7/26/02 C- 3c ..................6/21 /06 C- 4b ..................6/08/06 2/06/07 C- 4b ..................6/08/06 7/3/08 D- 2.02- 00 ........ 11 /10/05 D- 2.04- 00 ........ 11 /10/05 D- 2.06- 01 ........ 1 /06/09 D- 2.08- 00 ........ 11 /10/05 D- 2.10- 00 ........ 11 /10/05 D -2.12- 00 ........ 11 /10/05 D- 2.14- 00 ........ 11/10/05 D- 2.16- 00 ........ 11 /10/05 D- 2.18- 00 ........ 11 /10/05 D -2.20- 00 ........ 11 /10/05 D -2.30- 00 ........ 11 /10/05 D- 2.32- 00 ........ 11 /10/05 D- 2.34- 01 ........ 1 /06/09 D- 2.36- 02 ........ 1 /06/09 D -2.38- 00 ........ 11 /10/05 D- 2.40- 00 ........ 11 /10/05 D -2.42- 00 ........ 11 /10/05 C- 6 ....................5 /30/97 C- 6a ................10/ 14/09 C- 6c ..................1 /06/00 C -6d .................. 5/30/97 C -6f ................... 7/25/97 C- 7 ..................10 /31 /03 C- 7a ................10/31 /03 C- 8 .................... 2/10/09 C- 8a ..................7/25/97 10/ 14/09 C- 8b ..................2/10/09 10/ 14/09 C- 8e ..................2/21 /07 C -8f ................... 6/30/04 C -10 ..................6/3/ 10 C- 13 .................... 7/3/08 C- 13a ..................7/3/08 C-1 3b ................7/3/08 C- 13c .................7/3/08 ...... 10/ 14/09 C- 14a .................7/3/08 ...... 10/ 14/09 C-1 4b ................ 7/26/02 C- 14c ................. 7/3/08 C- 14d .................7/3/08 2/06/07 C- 14e ................. 7/3/08 C- 14h ...............2/10/09 ........ 6/3/ 10 D- 2.44- 00 ........ 11 /10/05 D- 2.46- 00 ........ 11 /10/05 D- 2.48- 00 ........ 11 /10/05 D- 2.60- 00 ........ 11 /10/05 D- 2.62- 00 ........ 11 /10/05 D- 2.64- 01 ........ 1 /06/09 D- 2.66- 00 ........ 11 /10/05 D- 2.68- 00 ........ 11/10/05 D- 2.78- 00 ........ 11 /10/05 D- 2.80- 00 ........ 11 /10/05 D- 2.82- 00 ........ 11/10/05 D- 2.84- 00 ........ 11/10/05 D- 2.86- 00 ........ 11 /10/05 D- 2.88 - 00 ........ 11/10/05 D- 2.92- 00 ........ 11 /10/05 D- 3 .................... 6/16/10 D- 3.10- 00...... 6/16/10 51 14k .................2/ 10/09 C-1 5a ................. 7/3/08 C-1 5b .................7/3/08 /11 /98 C- 16a ...............6/3/10 19/98 C- 16b ...............6/3/10 2/08 C- 20.14 - 01 ...... 10/ 14/09 C- 20:15- 00......10/14/09 C- 20.18 - 00 ...... 10/ 14/09 C- 20.19 - 00 ...... 10/ 14/09 C- 20.40 - 01 ...... 10/ 14/09 C- 20.42 - 01 ...... 10/ 14/09 C- 22.14- 01........ 6/3/10 C- 22:16- 01........ 6/3/10 C- 22.40 - 02 ...... 6/16/10 C- 23.60- 01......10/14/09 C- 25.18 - 01........9/20/07 C- 25.20 - 04 ...... 10/ 14/09 C- 25.22 - 03 ...... 10/ 14/09 C- 25.26- 01 ...... 10/ 14/09 C- 25.80- 01........ 7/3/08 C- 28.40- 00........ 2/06/07 C- 40.14- 01 ........ 6/3/ 10 C- 40.16 - 01 ........ 6/3/ 10 C- 40.18 - 01 ...... 10/ 14/09 C- 90.10- 00........7/3/08 D- 3.11- 00...... 6/16/10 D -3 b ................. 6/30/04 D- 3c .................6/30/04 D- 10.20- 00 D- 4 .................12 /11 /98 D- 6 ...................6/ 19/98 D- 10.10 - 01......12/0 2/08 D- 10.15 - 01......12/02/08 D- 10.20- 00 ......... 7/8/08 D-10.25-00 ......... 7/8/08 D- 10.30- 00 ......... 7/8/08 D- 10.35- 00......... 7/8/08 D- 10.40 - 01......12/02/08 D- 10.45 - 01......12/02/08 D- 15.10 - 01......12/02/08 D- 15.20- 01 ........ 1 /06/09 D- 15.30 - 01......12/02/08 E- 1 ....................2 /21/07 E -4.... E- 2 ....................5 /29/98 E -4a.. F- 10.12- 01....... 6/3/10 F- 10.16 -00 .......12/20/06 F- 10.64- 02........ F- 10.40 - 01 ........... 7/3 /08 F- 10.42- 00 ......... 1 /23/07 F- 80.10- 01........ 6/3/10 G- 10.10- 00........9/20/07 G- 20.10- 00........9/20/07 G- 22.10 - 01 .......... 7/3 /08 G- 24.10- 00 ...... 11 /08/07 G- 24.20- 00 ...... 11 /08/07 G- 24.30- 00 ...... 11 /08/07 G- 24.40- 01......12/02/08 6- 24.50- 00 ..... 11 /08/07 H- 10.10 - 00 .......... 7/3 /08 H- 10.15- 00.......... 7/3/08 H- 30.10 - 00 ...... 10/ 12/07 1- 10.10- 01 ......... 8/11 /09 1- 30.10- 01......... 8/11/09 1- 30.15- 00 ......... 8/11 /09 1- 30.20- 00......... 9/20/07 1- 30.30- 00.........9/20 /07 J -1 f ....................6/23/00 J- 3 .....................8 /01 /97 J- 3b ...................3/04/05 J- 3c ...................6/24/02 J- 3d .................11 /05/03 J- 7c ...................6/19/98 J- 8a ...................5/20/04 J- 8b ..................5/20/04 J- 8c ................... 5/20/04 J- 8d ..................5/20/04 J- 9a ..................4/24/98 J- 10 ..................7 /18/97 J- 10.10- 00...... 6/16/10 J -11 b .................9/02/05 J- 12 ..................2 /10/09 J-15.15-00 ...... 6/16/10 J- 16b ................2/10/09 J- 16c .................2/10/09 J- 18 .................2 / 10/09 J- 19 .................2 /10/09 .........8/27/03 .........8/27/03 F- 10.62- 01........9/05/07 11 /08/07 F- 10.64- 02........ 7/3/08 F- 30.10- 01........ 6/3/10 F- 40.12 - 01 ........ 6/3/ 10 G- 60.10- 00 ....... J -1 f ....................6/23/00 J- 3 .....................8 /01 /97 J- 3b ...................3/04/05 J- 3c ...................6/24/02 J- 3d .................11 /05/03 J- 7c ...................6/19/98 J- 8a ...................5/20/04 J- 8b ..................5/20/04 J- 8c ................... 5/20/04 J- 8d ..................5/20/04 J- 9a ..................4/24/98 J- 10 ..................7 /18/97 J- 10.10- 00...... 6/16/10 J -11 b .................9/02/05 J- 12 ..................2 /10/09 J-15.15-00 ...... 6/16/10 J- 16b ................2/10/09 J- 16c .................2/10/09 J- 18 .................2 / 10/09 J- 19 .................2 /10/09 .........8/27/03 .........8/27/03 F- 10.62- 01........9/05/07 11 /08/07 F- 10.64- 02........ 7/3/08 F- 30.10- 01........ 6/3/10 F- 40.12 - 01 ........ 6/3/ 10 G- 60.10- 00 ....... 8/31 /07 G- 60.20- 00 ....... 8/31 /07 .........8/27/03 .........8/27/03 F- 10.62- 01........9/05/07 11 /08/07 F- 10.64- 02........ 7/3/08 F- 30.10- 01........ 6/3/10 F- 40.12 - 01 ........ 6/3/ 10 G- 24.60- 00 ..... 11 /08/07 G- 25.10- 01 ...... 1 /06/09 G- 30.10- 00 ..... 11 /08/07 G- 50.10- 00 ..... 11 /08/07 G- 60.10- 00 ....... 8/31 /07 G- 60.20- 00 ....... 8/31 /07 F- 40.14 - 01 ........ 6 6/3/ 10 F- 40.15- 01 ........ 6 6/3/ 10 F- 40.16- 01 ........ 6 6/3/ 10 F- 45.10 -00 ........ 6 6/3/10 G- 70.20 - 00......10/5/07 G- 70.30 - 00......10/5/07 G- 90.10 - 00.....1 /06/09 G- 90.20 - 00.....1 /06/09 G- 90.30 - 00.....1 /06/09 G- 90.40 - 01.....10/14/09 G- 60.30- 00 ....... 8/31 /07 G- 95.10- 00 ..... 11 /08/07 G- 70.10- 00......10/5/07 G- 95.20- 01......7/10/08 H- 32.10 - 00.......9/20/07 H- 60.10- 01......... 7/3/08 H- 60.20- 01......... 7/3/08 1- 30.40- 00.......10/12/07 1- 30.50 - 00 ....... 11 /14/07 1- 40.10- 00.........9/20 /07 1- 40.20 - 00 ......... 9/20 /0 7 1- 50.10- 00.........9/20 /07 J- 20 ................. 9/02/05 J- 20.10- 00......10/14/09 J- 20.15- 00 ...... 10/ 14/09 J- 20.16- 00......10/14/09 J- 20.20- 00......10/14/09 J- 20.26- 00......10/14/09 J- 21.10- 01......6/3/10 J-21.15-00 ......10/14/09 J- 21.16- 00......10/14/09 J-21.17-00 ......10/14/09 J- 21.20- 00......10/14/09 J- 22.15- 00......10/14/09 J- 22.16- 01...... 6/3/10 J- 26.10 - 00.....6/ 16/ 10 J- 26.15 - 00.....6/16/10 J- 28.10- 00...... 8/07/07 J- 28.22 - 00.......8/07/07 J- 28.24 - 00.......8/07/07 J- 28.26 - 01......12/02/08 J- 28.30 - 01 ...... 10/ 14/09 52 G- 95.30- 01......7/10/08 H- 70.10- 00......9/05/07 H- 70.20 - 00......9/05/07 H- 70.30- 01 ...... 11 /17/08 1- 50.20- 00 .......... 8/31 /07 1- 60.10- 00 .......... 8/31 /07 1- 60.20- 00 .......... 8/31 /07 1- 80.10- 01 .......... 8/11 /09 J-28.40-01 ....... 10/ 14/09 J- 28.42- 00.......8/07/07 J- 28.45- 00.......8/07/07 J-28.50-01 ....... 6/ 16/ 10 J- 28.60- 00....... 8/07/07 J- 28.70- 00 ....... 11 /08/07 J- 40.10 - 01 ...... 10/ 14/09 J-40.30-01 ...... 6/3/ 10 J- 40.36 - 00.......6/3/10 J-40.37-00 ....... 6/3/10 J- 60.13 - 00 ....... 6/16/10 J-60.14-00 ...... 6/16/10 J- 75.10- 00...... 2/10/09 J- 75.20- 00...... 2/10/09 J- 75.30 - 00.......2/10/09 J- 75.40 - 00......10/14/09 J- 75.45 -00 ......10/14/09 J- 90.10 - 00.......2/10/09 J- 90.20 - 00.......2/10/09 G- 60.30- 00 ....... 8/31 /07 G- 95.10- 00 ..... 11 /08/07 G- 70.10- 00......10/5/07 G- 95.20- 01......7/10/08 H- 32.10 - 00.......9/20/07 H- 60.10- 01......... 7/3/08 H- 60.20- 01......... 7/3/08 1- 30.40- 00.......10/12/07 1- 30.50 - 00 ....... 11 /14/07 1- 40.10- 00.........9/20 /07 1- 40.20 - 00 ......... 9/20 /0 7 1- 50.10- 00.........9/20 /07 J- 20 ................. 9/02/05 J- 20.10- 00......10/14/09 J- 20.15- 00 ...... 10/ 14/09 J- 20.16- 00......10/14/09 J- 20.20- 00......10/14/09 J- 20.26- 00......10/14/09 J- 21.10- 01......6/3/10 J-21.15-00 ......10/14/09 J- 21.16- 00......10/14/09 J-21.17-00 ......10/14/09 J- 21.20- 00......10/14/09 J- 22.15- 00......10/14/09 J- 22.16- 01...... 6/3/10 J- 26.10 - 00.....6/ 16/ 10 J- 26.15 - 00.....6/16/10 J- 28.10- 00...... 8/07/07 J- 28.22 - 00.......8/07/07 J- 28.24 - 00.......8/07/07 J- 28.26 - 01......12/02/08 J- 28.30 - 01 ...... 10/ 14/09 52 G- 95.30- 01......7/10/08 H- 70.10- 00......9/05/07 H- 70.20 - 00......9/05/07 H- 70.30- 01 ...... 11 /17/08 1- 50.20- 00 .......... 8/31 /07 1- 60.10- 00 .......... 8/31 /07 1- 60.20- 00 .......... 8/31 /07 1- 80.10- 01 .......... 8/11 /09 J-28.40-01 ....... 10/ 14/09 J- 28.42- 00.......8/07/07 J- 28.45- 00.......8/07/07 J-28.50-01 ....... 6/ 16/ 10 J- 28.60- 00....... 8/07/07 J- 28.70- 00 ....... 11 /08/07 J- 40.10 - 01 ...... 10/ 14/09 J-40.30-01 ...... 6/3/ 10 J- 40.36 - 00.......6/3/10 J-40.37-00 ....... 6/3/10 J- 60.13 - 00 ....... 6/16/10 J-60.14-00 ...... 6/16/10 J- 75.10- 00...... 2/10/09 J- 75.20- 00...... 2/10/09 J- 75.30 - 00.......2/10/09 J- 75.40 - 00......10/14/09 J- 75.45 -00 ......10/14/09 J- 90.10 - 00.......2/10/09 J- 90.20 - 00.......2/10/09 J- 20 ................. 9/02/05 J- 20.10- 00......10/14/09 J- 20.15- 00 ...... 10/ 14/09 J- 20.16- 00......10/14/09 J- 20.20- 00......10/14/09 J- 20.26- 00......10/14/09 J- 21.10- 01......6/3/10 J-21.15-00 ......10/14/09 J- 21.16- 00......10/14/09 J-21.17-00 ......10/14/09 J- 21.20- 00......10/14/09 J- 22.15- 00......10/14/09 J- 22.16- 01...... 6/3/10 J- 26.10 - 00.....6/ 16/ 10 J- 26.15 - 00.....6/16/10 J- 28.10- 00...... 8/07/07 J- 28.22 - 00.......8/07/07 J- 28.24 - 00.......8/07/07 J- 28.26 - 01......12/02/08 J- 28.30 - 01 ...... 10/ 14/09 52 G- 95.30- 01......7/10/08 H- 70.10- 00......9/05/07 H- 70.20 - 00......9/05/07 H- 70.30- 01 ...... 11 /17/08 1- 50.20- 00 .......... 8/31 /07 1- 60.10- 00 .......... 8/31 /07 1- 60.20- 00 .......... 8/31 /07 1- 80.10- 01 .......... 8/11 /09 J-28.40-01 ....... 10/ 14/09 J- 28.42- 00.......8/07/07 J- 28.45- 00.......8/07/07 J-28.50-01 ....... 6/ 16/ 10 J- 28.60- 00....... 8/07/07 J- 28.70- 00 ....... 11 /08/07 J- 40.10 - 01 ...... 10/ 14/09 J-40.30-01 ...... 6/3/ 10 J- 40.36 - 00.......6/3/10 J-40.37-00 ....... 6/3/10 J- 60.13 - 00 ....... 6/16/10 J-60.14-00 ...... 6/16/10 J- 75.10- 00...... 2/10/09 J- 75.20- 00...... 2/10/09 J- 75.30 - 00.......2/10/09 J- 75.40 - 00......10/14/09 J- 75.45 -00 ......10/14/09 J- 90.10 - 00.......2/10/09 J- 90.20 - 00.......2/10/09 52 G- 95.30- 01......7/10/08 H- 70.10- 00......9/05/07 H- 70.20 - 00......9/05/07 H- 70.30- 01 ...... 11 /17/08 1- 50.20- 00 .......... 8/31 /07 1- 60.10- 00 .......... 8/31 /07 1- 60.20- 00 .......... 8/31 /07 1- 80.10- 01 .......... 8/11 /09 J-28.40-01 ....... 10/ 14/09 J- 28.42- 00.......8/07/07 J- 28.45- 00.......8/07/07 J-28.50-01 ....... 6/ 16/ 10 J- 28.60- 00....... 8/07/07 J- 28.70- 00 ....... 11 /08/07 J- 40.10 - 01 ...... 10/ 14/09 J-40.30-01 ...... 6/3/ 10 J- 40.36 - 00.......6/3/10 J-40.37-00 ....... 6/3/10 J- 60.13 - 00 ....... 6/16/10 J-60.14-00 ...... 6/16/10 J- 75.10- 00...... 2/10/09 J- 75.20- 00...... 2/10/09 J- 75.30 - 00.......2/10/09 J- 75.40 - 00......10/14/09 J- 75.45 -00 ......10/14/09 J- 90.10 - 00.......2/10/09 J- 90.20 - 00.......2/10/09 J-28.40-01 ....... 10/ 14/09 J- 28.42- 00.......8/07/07 J- 28.45- 00.......8/07/07 J-28.50-01 ....... 6/ 16/ 10 J- 28.60- 00....... 8/07/07 J- 28.70- 00 ....... 11 /08/07 J- 40.10 - 01 ...... 10/ 14/09 J-40.30-01 ...... 6/3/ 10 J- 40.36 - 00.......6/3/10 J-40.37-00 ....... 6/3/10 J- 60.13 - 00 ....... 6/16/10 J-60.14-00 ...... 6/16/10 J- 75.10- 00...... 2/10/09 J- 75.20- 00...... 2/10/09 J- 75.30 - 00.......2/10/09 J- 75.40 - 00......10/14/09 J- 75.45 -00 ......10/14/09 J- 90.10 - 00.......2/10/09 J- 90.20 - 00.......2/10/09 K- 10.20- 01......10/12/07 1 /30/07 K- 26.40- 01......10/12/07 1 /30/07 K- 40.60- 00.......2/15/07 K- 10.40- 00........2/15/07 M- 1.80- 02 ......... K- 30.20- 00........2/15/07 M- 2.20- 01 ......... K- 40.80- 00.......2/15/07 M- 2.40- 01 ......... K- 20.20- 01......10/12/07 M- 2.60- 01 ......... K- 30.40- 01......10/12/07 M- 3.10- 02......... K- 55.20- 00.......2/15/07 M- 3.20- 01 ......... K- 20.40- 00........2/15/07 M- 3.30- 02 ......... K- 32.20- 00........2/15/07 M- 3.40 -02 ......... K- 60.20- 02 ......... 7/3/08 K- 20.60- 00........2/15/07 M- 5.10- 01 ......... K- 32.40- 00........2/15/07 K- 60.40- 00.......2/15/07 K- 22.20- 01......10/12/07 K- 32.60- 00........2/1 "5/07 K- 70.20- 00.......2/15/07 K- 24.20- 00........2/15/07 K- 32.80- 00........2/15/07 K- 80.10- 00.......2/21/07 K- 24.40- 01......10/12/07 K- 34.20- 00..... ....2/15/07 K- 80.20- 00.....12/20/06 K- 24.60- 00........2/15/07 K- 36.20- 00........2/15/07 K- 80.30- 00.......2/21/07 K- 24.80- 01......10/12/07 K- 40.20- 00........2/15/07 K- 80.35- 00 ....... 2/21 /07 K- 26.20- 00........2/15/07 K- 40.40- 00........2/15/07 K- 80.37- 00.......2/21/07 L- 10.10- 00 ........ 2/21 /07 L- 20.10- 00........2/07/07 L- 30.10- 00........2/07/07 M- 1.20- 01 ......... 1 /30/07 M- 1.40- 01 ......... 1 /30/07 M- 1.60- 01 ......... 1 /30/07 M- 1.80- 02 ......... 8/31 /07 M- 2.20- 01 ......... 1 /30/07 M- 2.40- 01 ......... 1 /30/07 M- 2.60- 01 ......... 1 /30/07 M- 3.10- 02......... 2/10/09 M- 3.20- 01 ......... 1 /30/07 M- 3.30- 02 ......... 2/10 /09 M- 3.40 -02 ......... 2/10/09 M- 3.50- 01 ......... 1 /30/07 M- 5.10- 01 ......... 1 /30/07 L- 40.10- 00 ........ 2/21 /07 L- 40.15- 00 ........ 2/21 /07 L- 40.20- 00 ........ 2/21 /07 M- 7.50- 01 ......... 1 /30/07 M- 9.50- 01 ......... 1 /30/07 M- 9.60 -00 ....... 2/10/09 M- 11.10- 01 ....... 1 /30/07 M- 15.10- 01.......2/06/07 M- 17.10- 02 ......... 7/3/08 M- 20.10- 01 ....... 1 /30/07 M- 20.20- 01 ....... 1 /30/07 M- 20.30- 02.....10/ 14/09 M-20.40-01 ....... 1/30/07 M- 20.50- 01 ....... 1 /30/07 M- 24.20- 01 ....... 5/31 /06 M- 24.40- 01 ....... 5/31 /06 53 L- 70.10- 01 ....... 5/21 /08 L- 70.20- 01 ....... 5/21 /08 M- 24.60 - 02.......2/06/07 M- 40.10- 01......6/3/ 10 M- 40.20- 00...10/ 12/07 M- 40.30 - 00......9/20/07 M- 40.40 - 00......9/20/07 M- 40.50- 00...... 9/20/07 M- 40.60- 00......9/20/07 M- 60.10- 00......9/05/07 M- 60.20- 01...... 2/03/09 M- 65.10- 01......5/21 /08 M- 80.10- 00...... 6/10/08 M- 80.20- 00......6/10/08 M- 80.30- 00...... 6/10/08 CONTRACT ' THIS AGREEMENT, made and entered into in triplicate, this 1 r1 t� day of O,-f ob,:r, 2010, by and between the City of Yakima, hereinafter called the Owner, and Ken Leingang Excavating, Inc., 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: $ 18,965.75, for North 54th Avenue Drainage Improvements, Project No. 2309, all in accordance with, and as described in the attached plans and specifications and the 2010 Standard Specifications for Road, Bridge, and Municipal Construction which are ' by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Twenty five (25) working days. If work ' has not commenced within the ten (10) days after the Notice to Proceed, the first chargeable working day shall be the 11th working day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specked, 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 fumished by the City of Yakima. ' 11. 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 1 manner and upon the conditions provided for in this contract. 111. 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, attorneys 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 this Iq �4dlay of 6)=A:. 2010. er iiep % w ocr- 61 M/--W- �tQMq� 5EAL , �gSHING� CONTRACTOR Ken p Excavatin Inc., a Washington Corporation Contr Dior B. 1 ga c2 r \.J X91 no. (Print Name)0 Its 1c, 2, �t -e SJfk- (President, Owner, etc.) Address: 1117 N. 271h Ave. Yakima WA 98902 25-G /0 3i( CONTRACT THIS AGREEMENT, made and entered into in triplicate, this 911 day of �V , 2011, by and between the City of Yakima, hereinafter called the Owner, and Ken Leingang Excavating. Inc. 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: $16,245.00 , for 4908 Englewood — Drainage Improvements, Project No. 2309, all in accordance with, and as described in the attached plans and specifications and the 2010 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 Four (4) working days. If work has not commenced within the ten (10) days after the Notice to Proceed, the first chargeable working day shall be the 11th 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 claim, 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. 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. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OF YAKIMA this 0" V Ch Manager Attest C Cl _LE([-114ONTRACTOR C , a 4�3 Corporation Contractor By: (Print Name) Its V P resident, Owner, eXc.) Address: lM& ,a�-+ PERFORMANCE BOND BOND TO CITY OF YAKIMA KNOW A11 MEN BY THESE PRESENTS: Bond No. 2131626 That we, the undersigned, Ken Leingang Excavating, Inc. North American Specialty a Washington Corporation as Principal and Insurance Cot Trpany a corporation organized and existing under the laws of the State of New Hampshire as a surety corporation, and qualffied under the laws of the State of Washington to become surety upon bonds of contractors wilh municipal corporations, as surety, are jointly and severally held and firmly bound to the CITY OF YAKIMA in the penal sum of Eighteen* $ 18, 965.75 for the payment of vynich sum on demand we bind ourselves and our successors, heirs, administrators or personal representaUves, as the case may be. *Thousand Nine Hundred Sixty Five and 75/100 Dollars This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the CITY OF YAKIMA. DATED at Yakima, Washington, this I q ft day of 0 c- +o 6e r 2010 . Never - the -less, the conditions of the above obligations are such that: WHEREAS, pursuant to action taken by the Yakima City Council on De cerA be r g , 20P-9-, the City Manager and City Clerk of the CITY OF YAKIMA has let or is about to let to the said Ken Lein an, Excavating, in Inc . , the above bounded Principal, a certain Contract, the said contract being numbered , and providing for North 54th Avenue Drainage ** (which contract is referred to herein and is made a part hereof as though attached hereto), and, * *Improvements, Project No. 2309 WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW THEREFORE, If the said Ken Leingang Excavating, Inc. shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, sub - contractors and material men, and all persons who shall supply said principal or sub - contractors with provisions and supplies for the carrying on of said work, and shall hold said CITY OF YAKIMA, their employees, agents, and elected or appointed officials, harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub- contractor in the performance of said work and shall indemnify and hold the CITY OF YAKIMA, its employees, agents, and elected or appointed officials, harmless tom any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or ftrkmanship provided or performed under said contract, then and in that event this obligation shall be vold; but otherwise it shall be and remain in full force and effect, Ken Lein ang Excavating, Inc. (Contrecl `� ,�/2rZI�n/i G.a ri � /G�r4 -N1Qj (Print Name) l Approved 10 form' I{�' `' (Clty Attorney) (President, Owner, etc...) North American Specialty Insurance Company Surety By: 4 _ Lillian Tse (Print Name) Its: Attorney in Fact 57 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN 13Y THESE PRESENTS, THAT North American Specialty insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester. New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois. each does hereby make" constitute and appoint: CARL NEWMAN, STUART A. OTARRELL, KAREN P. DEVER, SUSAN B. LARSON, LILLIAN TSE, SCOTT FISHER,, JILL A. BOYLE, DEANNA M. MEYER, BENJAMIN L. WOLFE, KARA N. HARMALA, ELIZABETH R. HAHN and JANA M. ROY JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies. as surety. on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY -FIVE MILLION (525,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington international insurance Company at meetings duly called and held on the 24d' of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director. any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." C, .&J'044-. 6, =�f SEAL 1973 em.' By Stesen P. Anderson, President & Chief Executive Officer of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company By pas id NI. Layman, Senior \'ice Presideni y of Washington International Insurance Company & vice President of North American Specialty Insurance Company uoaminmu:unnohn ,e' Nit PNA1 /NShw 0 &21,;�o Rare. e z SEALz o: ;m IN WITNESS WHEREOF. North American Specialty Insurance Company and Washington international Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 1 st day of September 2010 North American Specialty Insurance Company Washington International Insurance Company ' State of Illinois County of Cook ss: On this I st day of September 20 10 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. r,. DOh1A D. SKLFN 'Notary Public, Stax of Minois iyl;y Commission i xpires 10%06/2011 Donna D. Sklens, Notary Public I, James A. Carpenter . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF. I have set my hand and affixed the seals ofthe Companies this J94 of _ ober 20)0 James A Carpenter, Vice President & Assistant Secietap of Washington International Insurance Compmr & North American Spenaln Insurance Compam KFAII Flhlr: ACORD- CERTIFICATE OF LIABILITY INSURANCE 10105/10 °"YYY' PRODUCER Parker Smith & Feek, Inc. 425 - 709 -3600 Bellevue (425-709-3600) 2233 112th Avenue NE Bellevue, WA 98004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Ken Leingang Excavating, Inc. 1117 N. 27th Ave. Yakima, WA 98902 INSURER A: Continental Insurance Co. A INSURER B: Continental Casualty Company GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR X PD Ded:2,000 INSURER C: 11/01/09 INSURER D: EACH OCCURRENCE INSURER E: DAMAGES f RENTED rnvconr_CQ 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DDIYY POLICY EXPIRATION DATE MMIDD LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR X PD Ded:2,000 C2074847407 11/01/09 11/01/10 EACH OCCURRENCE $1000000 DAMAGES f RENTED $100000 MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECOT X LOC PRODUCTS - COMP /OP AGG s2,000,000 B X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS C2074847360 11/01/09 11/01/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Peracc'dent) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS /UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below C2O74847407 Employers Liability (WA Stop Gap) 11101/09 11/01/10 WC STATU- X OTH- E.L. EACH ACCIDENT I$1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT 1 $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Re: North 54th Avenue Drainage Improvements Project #2309 City of Yakima, their agents, employees, and elected or appointed officials are included as additional insureds under General Liability as per endorsement G- 17957 -G edition 01/2001 (attached). Additional insured (See Attached Descriptions) CERTIFICATE HOLDER (:AN(a LLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Yakima DATE THEREOF, THE ISSUING INSURER WILL RVD@0=J1tMAIL AS DAYS WRITTEN 129 N 2nd Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, M7(M )( Yakima, WA 98901 sxba�osa> a�€ a> aax> axze�uaax�oxxaexx> m e!xaxxet6clrrxcmtxa€xacoe�c�cxx c ACORD 25 (2001108) 1 of 3 #M94264 KE000 © 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. ACORD 25-S (2001108) 2 of 3 #M94264 DESCRIPTIONS (Continued from Page 1) status under Automobile Liability shall be as per policy terms and conditions. AMS 25.3 (2001/08) 3 of 3 #M94264 1 POLICY NUMBER: 2074847407 �_ .1 0 G- 17957 -G (Ed. 01101) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED iN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.I. OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WiTH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF, THE "PRODUCTS - COMPLETED OPERATIONS HAZARD ". SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization- Designated Project: As per certificate on file with Underwriters. (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section In is amended to 2. The Limits of insurance applicable to the include as an insured any person or organization, additional insured are those specified in the including any person or organization shown in the written contract or written agreement or in the schedule above, (called additional Insured) whom you Declarations of this policy, whichever is less. are required to add as an additional insured on this These Limits of Insurance are inclusive of, and not policy under a written contract or written agreement; In addition to, the Limits of insurance shown in the but the written contract or written agreement must be: Declarations. 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury". B. The insurance provided to the additional insured Is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage' arising out of the "products- completed operations hazard" unless required by the written contract or written agreement. When coverage does apply to "bodily injury" or "property damage" arising out of the "products - completed operations hazard" such coverage will not apply beyond: a. The period of time required by the written contract or written agreement; or G- 17957-0 Page 1 of 2 (Ed. 01101) KENLEWCERT08(E02) b. 5 years from the completion of "your work" on the project which is the subject of the written contract or written agreement, whichever is less. 4. The insurance provided to the additional Insured does not apply to "bodily Injury," "property damage," or "personal and advertising Injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services Including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspecfyon activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following Is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: ®. An additional insured under this endorsement will as soon as practicable: G-1 7957-G (Ed. 01101) KENLEINICERT07(E02) G- 17957 -G (Ed. 01/01) (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this Insurance; (2) Tender the defense and indemnity of any claim or "suit' to any other Insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other Insurance which the additional Insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or Indemnity an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional Insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this Insurance be either primary or primary and noncontributing. Page 2 of 2 2 MINIMUM WAGE AFFIDAVIT STATE OF WASHINGTON) ) ss COUNTY OF YAKIMA ) I, the undersigned, having been duly sworn, depose, say and certify that in connection with the performance of the work, payment for which this voucher is submitted, I have paid the following rate per hour to each classification of laborers, workmen, or mechanics, as indicated upon the attached list, now referred to and by such reference incorporated in and made an integral part hereof, for all such employed in the performance of such work; and no laborer, workman or mechanic so employed upon such work has-been paid 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 Subscribed and sworn to before me on this day of 201 Notary Public in and for the State of Washington residing at 63 PREVAILING WAGE. RATES The prevailing rate of wages to be paid to all workmen, laborers, or mechanics employed in the performance of any part of this contract shall be in accordance with the provisions of Chapter 39.12 RCW, as amended. The rules and regulations of the Department of Labor and Industries are by reference made a part of this contract as though fully set forth herein. The current schedule of prevailing wage rates for the locality or localities where this contract will be performed, as determined by the Industrial Statistician of the Department of Labor and Industries, are included in these contract documents. Inasmuch as the contractor will be held responsible for paying the prevailing wages, it is imperative that all contractors familiarize themselves with the current wage rates, as determined by the Industrial Statistician of the Department of Labor and Industries, before submitting bids based on these specifications. In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State and his decision therein shall be final and conclusive and biding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. Current prevailing wage rules and data can be furnished by the Industrial Statistician upon request. You may submit your request to: Department of Labor and Industries ESAC Division PO Box 44540 Olympia, Washington 98504 -4540 Telephone: 360- 902 -5335 65 BENEFIT CODE KEY - EFFECTIVE 09 -02 -2009 + w+ r+ rrrwww++ w+ r+ wwrwwrrrwtwwwwr++ rrrrwwrrrwwwwwwwrww+ w++ wr++ r+ w++ rwwwawwwrwwww++ w+ rwrwww +ww + +rwrrrwwwrrwww ++rwwwwwwrrww 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 HOURLY RATE OF WAGE, ALL ADDITIONAL HOURS WORKED AND ALL WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. E. THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND THE FIRST EIGHT (8) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL OTHER HOURS WORKED MONDAY THROUGH SATURDAY, AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. F. THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND THE FIRST TEN (10) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL OTHER OVERTIME HOURS WORKED, EXCEPT LABOR DAY, SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON LABOR DAY SHALL BE PAID AT THREE TIMES THE HOURLY RATE OF WAGE. G. THE FIRST TEN (10) HOURS WORKED ON SATURDAYS AND THE FIRST TEN (10) HOURS WORKED ON A FIFTH CALENDAR WEEKDAY IN A FOUR - TEN HOUR SCHEDULE, SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED IN EXCESS OF TEN (10) HOURS PER DAY MONDAY THROUGH SATURDAY AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. H. ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS IF WORK IS LOST DUE TO INCLEMENT WEATHER CONDITIONS OR EQUIPMENT BREAKDOWN) SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED MONDAY THROUGH SATURDAY OVER TWELVE (12) HOURS AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. I. THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND THE FIRST TEN (10) HOURS ON SATURDAY SHALL BE PAID ATONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED OVER TEN (10) HOURS MONDAY THROUGH SATURDAY, SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. K. ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. 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- HALFTIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE, 0. 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. •• BENEFIT CODE KEY - EFFECTIVE 09-02 -2009 -2- Q. THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND UP TO TEN (10) HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED IN EXCESS OF TIN (10) HOURS PER DAY MONDAY THROUGH SATURDAY AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS (EXCEPT CHRISTMAS DAY) SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON CHRISTMAS DAY SHALL BE PAID AT TWO AND ONE -HALF TIMES THE HOURLY RATE OF-WAGE. R. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. S. THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS 'MONDAY THROUGH. FRIDAY AND THE FIRST EIGHT (8) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE- HALF-TIMES THE HOURLY RATE OF WAGE. ALL OTHER OVERTIME HOURS WORKED, EXCEPT LABOR DAY, SHALL•BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON LABOR DAY SHALL BE PAID AT THREE TIMES THE HOURLY RATE OF WAGE. T. WORK PERFORMED IN EXCESS OF EIGHT (8) HOURS OF STRAIGHT TIME PER DAY, OR TEN (10) HOURS OF STRAIGHT TIME PER DAY WHEN FOUR TEN (10) HOUR SHIFTS ARE ESTABLISHED, OR FORTY (40) HOURS OF STRAIGHT TIME PER WEEK, MONDAY THROUGH FRIDAY, OR OUTSIDE THE NORMAL SHIFT, AND ALL WORK ON SATURDAYS SHALL BE PAID AT TIME AND ONE -HALF THE STRAIGHT TIME RATE. HOURS WORKED OVER.TWELVE HOURS (12) IN A SINGLE SHIFT AND ALL WORK PERFORMED AFTER 6:00 PM SATURDAY TO 6:00 AM MONDAY AND HOLIDAYS SHALL BE PAID AT DOUBLE THE STRAIGHT TIME RATE OF PAY: THE EMPLOYER SHALL HAVE THE SOLE DISCRETION TO ASSIGN OVERTIME WORK TO EMPLOYEES. PRIMARY CONSIDERATION FOR OVERTIME WORK SHALL BE GIVEN TO EMPLOYEES REGULARLY ASSIGNED TO THE WORK TO BE PERFORMED ON OVERTIME SITUATIONS. AFTER AN EMPLOYEE HAS WORKED EIGHT (8) HOURS AT AN APPLICABLE OVERTIME RATE, ALL ADDITIONAL HOURS SHALL BE AT THE APPLICABLE OVERTIME RATE UNTIL SUCH TIME AS THE EMPLOYEE HAS HAD A BREAK OF EIGHT (8) HOURS OR MORE. U. ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON LABOR DAY SHALL BE PAID AT THREE TIMES THE HOURLYRATE OF WAGE. V. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS (EXCEPT THANKSGIVING DAY AND CHRISTMAS DAY) SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON, THANKSGIVING DAY AND CHRISTMAS DAY SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. W. ALL HOURS WORKED ON SATURDAYS AND SUNDAYS (EXCEPT MAKE -UP DAYS DUE TO CONDITIONS BEYOND THE CONTROL OF THE EMPLOYER)) SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. X. THE FIRST FOUR (4) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND THE FIRST TWELVE (12) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED OVER TWELVE (12) HOURS MONDAY THROUGH SATURDAY, SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. WHEN HOLIDAY FALLS ON SATURDAY OR SUNDAY, THE DAY BEFORE SATURDAY, FRIDAY, AND THE DAY AFTER SUNDAY, MONDAY, SHALL BE CONSIDERED THE HOLIDAY AND ALL WORK PERFORMED SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. Y. ALL HOURS WORKED OUTSIDE THE HOURS OF 5:00 AM AND 5:00 PM (OR SUCH OTHER HOURS AS MAY BE AGREED UPON. BY ANY EMPLOYER AND THE EMPLOYEE) AND ALL•HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY (10 HOURS PER DAY FOR A 4 X 10 WORKWEEK) AND ON SATURDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. (EXCEPT FOR EMPLOYEES WHO ARE ABSENT +FROM WORK WITHOUT PRIOR APROVAL ON A SCHEDULED WORKDAY DURING THE WORKWEEK SHALL BE PAID AT THE STRAIGHT -TIME RATE UNTIL THEY HAVE WORKED 8 HOURS IN A DAY (10 IN A 4 X 10 WORKWF.F.K) OR 40 HOURS DURING THAT WORKWEEK.) ALL HOURS WORKED MONDAY THROUGH SATURDAY OVER TWELVE (12) HOURS AND ALL HOURS WORKED ON SUNDAYS AND LABOR DAY SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE Z ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT ONE AND ONE- HALFTIMFS THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID THE STRAIGHT TIME RATE OF PAY IN ADDITION TO HOLIDAY PAY. 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. 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. 67 BENEFIT CODE KEY - EFFECTIVE 09 -02 -2009 -3- D. ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. THE FIRST EIGHT (8) HOURS WORKED ON HOLIDAYS SHALL BE PAID AT STRAIGHT TIME IN ADDITION TO THE HOLIDAY PAY. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS ON HOLIDAYS SHALL BE PAID AT ONE AND ONE -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 ATTWO 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 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, IN 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. •: BENEFIT CODE KEY = EFFECTIVE 09-02 -2009 -a- W. THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR:HOURS MONDAY,THROUGH FRIDAY AND THE FIRST EIGHT (8) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE- HALF..TIMES THE HOURLY RATE OF WAGE. ALL OTHER HOURS WORKED MONDAY THROUGH SATURDAY, AND ALL HOURS :WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ON A FOUR -DAY; TEN -HOUR WEEKLY SCHEDULE, EITHER MONDAY THRU THURSDAY OR TUESDAY THRU FRIDAY SCHEDULE, ALL HOURS WORKED AFTER TEN SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. THE FIRST EIGHT (8) HOURS WORKED ON THE FIFTH DAY SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF. WAGE. ALL" ,OTHER HOURS WORKED ON THE FIFTH, SIXTH, AND SEVENTH DAYS AND ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. X. ALL HOURS WORKED MONDAY THROUGH FRIDAY BETWEEN-THE HOURS OF 6:00 P.M. AND 6:00 A.M. AND ALL HOURS 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. 4A. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SATURDAYS, SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. A. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTERTHANKSGIVING DAY, AND CHRISTMAS DAY (7). B. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS, AND CHRISTMAS DAY (8). C. HOLIDAYS: NEW YEARS DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). D. HOLIDAYS: NEW YEARS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AND SATURDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). E. HOLIDAYS: NEW YEARS DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, PRESIDENTIAL ELECTION DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). F. HOLIDAYS: NEW YEARS DAY, MARTIN LUTHER KING JR. DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS' DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (11). G. HOLIDAYS: NEW YEARS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE LAST WORK DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (7). H. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY, AND CHRISTMAS (6). I. HOLIDAYS: NEW YEARS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY (6). J. HOLIDAYS: NEW YEARS DAY, MEMORIAL DAY, INDEPENDENCE DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS EVE DAY, AND CHRISTMAS DAY (7). K. HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS, AND CHRISTMAS DAY (9). L. HOLIDAYS: NEW YEAR'S DAY, MARTIN LUTHER KING JR. DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). 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, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (9). P. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AND SATURDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS, AND CHRISTMAS DAY (9). IF A HOLIDAY FALLS ON SUNDAY, THE FOLLOWING MONDAY SHALL BE CONSIDERED AS A HOLIDAY. •• 5. 6. BENEFIT CODE KEY - EFFECTIVE 09 -02 -2009 Q. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY (6). R. PAID HOLIDAYS: NEW YEAR'S DAY. MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, ONE -HALF DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY. (7 12). S. PAID HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY (7). T. PAID HOLIDAYS: NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, AND THE DAY BEFORE OR AFTER CHRISTMAS (9). 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 AFTERTHANKSGIVING 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 AFTER THANKSGIVING DAY, CHRISTMAS EVE'S DAY, AND CHRISTMAS DAY (9). C. HOLIDAYS: NEW YEARS DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY, THE LAST WORK DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (9). D. PAID HOLIDAYS: NEW YEAR'S DAY, 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 12). 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 HOLIDAYS: NEW YEAR'S DAY, NEW YEAR'S EVE DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, THE DAY AFTER CHRISTMAS, AND A FLOATING HOLIDAY (10). 1. PAID HOLIDAYS: NEW YEARS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (7). J. PAID HOLIDAYS: NEW YEARS 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 BENEFIT CODE KEY•= EFFECTIVE 09-02 -2009 T. PAID HOLIDAYS: NEW .YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, THE LAST WORKING DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (9). U. HOLIDAYS: NEW YEARS DAY, DAY BEFORE NEW -YEAR'S 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: NEW YEARS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS EVE DAY, CHRISTMAS DAY, AND ONE DAY OF THE EMPLOYEE'S CHOICE (9). W. PAID HOLIDAYS: NEW YEARS DAY, DAY BEFORE NEW YEAR'S DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY,•LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, DAY BEFORE OR-AFTER CHRISTMAS DAY (10). X. PAID HOLIDAYS: NEW. YEARS DAY, DAY BEFORE OR AFTER NEW YEARS DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE' DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, DAY BEFORE OR AFTER CHRISTMAS DAY, EMPLOYEES BIRTHDAY (11). Y. PAID HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, AND A FLOATING HOLIDAY (9). Z. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (7). IF A HOLIDAY FALLS ON SATURDAY, THE PRECEDING FRIDAY SHALL BE CONSIDERED AS THE HOLIDAY. IF A HOLIDAY FALLS ON SUNDAY, THE FOLLOWING MONDAY SHALL BE CONSIDERED AS THE HOLIDAY. 8. A. IN ADDITION TO THE HOURLY WAGE AND FRINGE BENEFITS, THE FOLLOWING DEPTH PREMIUMS APPLY TO DEPTHS OF FIFTY FEET OR MORE: OVER 50' TO 100' - $2.00 PER FOOT FOR EACH FOOT OVER 50 FEEL' OVER l00' TO 150' - $3.00 PER FOOT FOR EACH FOOT OVER I W FEET OVER 15V TO 220'- S4.W PER FOOT FOR EACH FOOT OVER 150 FEET OVER 220' - S5.00 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' - SI.00 PER FOOT FOR EACH FOOT OVER 50 FEEL OVER 100' TO 150'- S1.50 PER FOOT FOR EACH FOOT OVER 100 FEET OVER 150 TO 200' - $2.00 PER FOOT FOR EACH FOOT OVER 150 FEET OVER 200' - DIVERS MAY NAME THEIR OWN PRICE D. WORKERS WORKING WITH SUPPLIED AIR ON HAZMAT PROJECT'S RECEIVE AN ADDITIONAL 51.00 PER HOUR L. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A: 50.75, LEVEL B: 50.50, AND LEVEL C: 5035. M. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS: LEVELS A & B: $1.00, LEVELS C & D: 50.50. N. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A: 51.00, LEVEL B: 50.75, LEVEL C: 50.50, AND LEVEL D: 50.25 P. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - CLASS A SUIT: 52.00, CLASS B SUIT. 51.50, CLASS C SUIT: SI.W, AND CLASS D SUIT 50.50. 71 State of Washington DEPARTMENT OF LABOR AND INDUSTRIES Prevailing Wage Section - Telephone (360) 902 -5335 PO Box 44540, Olympia, WA 98504.4540 Washington State Prevailing Wage Rates For Public Works Contracts The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, workers' wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements is provided on the Benefit Code Key. YAKIMA COUNTY EFFECTIVE 09.02 -2009 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code ASBESTOS ABATEMENT WORKERS JOURNEY LEVEL $31.61 1H 5D BOILERMAKERS JOURNEY LEVEL $53.61 1C 5N BRICK AND MARBLE MASONS JOURNEY LEVEL $38.62 1M 5A CABINETMAKERS (IN SHOP) JOURNEY LEVEL $19.24 1 CARPENTERS ACOUSTICAL WORKER $37,22 1M 5D BRIDGE, DOCK AND 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 IM 5D PILEDRIVERS, DRIVING, PULLING, PLACING COLLARS AND WELDING $47.56 1M 50 SAWFILER $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 50 DIVERS & TENDERS DIVER 1100.28 1M 5D DIVER ON STANDBY $56.68 1M 5D DIVER TENDER $52.23 1M 5D SURFACE RCV & ROV OPERATOR $52.23 1M 5D SURFACE RCV & ROV OPERATOR TENDER $50.72 18 5A DREDGE WORKERS ASSISTANT ENGINEER $49.57 IT 5D ASSISTANT MATE (DECKHAND) $49.06 IT 5D BOATMEN $49.57 IT 5D ENGINEER WELDER $49,62 IT 5D LEVERMAN, HYDRAULIC $51.19 IT 5D MAINTENANCE $49.06 IT 5D MATES $49.57 IT 5D OILER $49.19 IT 5D DRYWALL TAPERS JOURNEY LEVEL $31 71 1P 5A Page 1 72 8A 8L 8L 8L 8L 8L 8L 8L 8L YAKIMA COUNTY EFFECTNE W02 -2009 ++t+rt+t+ ttt+ rtttttt++tt rtttttt ttt rt+ tt++ttt++ tt++ trtt+tt rt rrt+++ rt trr+ttt+ rtrrttrttrttrttrt +rr +rtttt + +ttt (See Benefit Code Key) Over PREVAILING Time Holiday Nate Classification WAGE Code Code Code ELECTRICAL FIXTURE MAINTENANCE WORKERS JOURNEY LEVEL $20.99 1 ELECTRICIANS • INSIDE CABLE SPLICER $51.64 1E 5A JOURNEY LEVEL $49.84 1E 5A WELDER $53.44 1E SA ELECTRICIANS'- MOTOR SHOP CRAFTSMAN $15.37 2A 6C JOURNEY LEVEL $14.69 2A 6C ELECTRICIANS • POWERLINE CONSTRUCTION CABLE SPLICER $59.79 4A 5A CERTIFIED LINE WELDER $54,59 4A 5A GROUNDPERSON $39.07 4A SA HEAD GROUNDPERSON $41,22 4A 5A HEAVY LINE EQUIPMENT OPERATOR $54.59 4A 5A JACKHAMMER OPERATOR $41.22 4A 5A JOURNEY LEVEL LINEPERSON $54.59 4A 5A LINE EQUIPMENT OPERATOR $46.33 4A SA POLE SPRAYER $54.59 4A 5A POWDERPERSON $41.22 4A 5A ELECTRONIC TECHNICIANS ELECTRONIC TECHNICIANS JOURNEY LEVEL $23.40 1 ELEVATOR CONSTRUCTORS MECHANIC $64,81 4A 6Q MECHANIC IN CHARGE $70.60 4A 60 FABRICATED PRECAST CONCRETE PRODUCTS CRAFTSMAN $8,72 1 LABORER $8.55 1 FENCE ERECTORS FENCE ERECTOR $21.64 1 FLAGGERS JOURNEY LEVEL $29.65 1H 50 GLAZIERS JOURNEY LEVEL $22.43 1B 61 HEAT & FROST INSULATORS AND'ASBESTOS WORKERS MECHANIC $23.18 1 HEATING EQUIPMENT MECHANICS MECHANIC $13.91 1 HOD CARRIERS & MASON TENDERS JOURNEY LEVEL $32,55 1H 5D INDUSTRIAL ENGINE AND MACHINE MECHANICS MECHANIC $15.65 1 INDUSTRIAL POWER VACUUM CLEANER JOURNEY LEVEL $9.24 1 INSPECTIONICLEANINGISEALING OF SEWER & WATER SYSTEMS BY REMOTE CONTROL CLEANER OPERATOR, FOAMER OPERATOR $9.73 1 GROUT TRUCK OPERATOR $11.48 1 HEAD OPERATOR $12,78 1 TECHNICIAN $8.55 1 TV TRUCK OPERATOR $10.53 1 Page 2 73 YAKIMA COUNTY EFFECTIVE 09.02 -2009 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code INSULATION 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 50 PIPE LAYER $32.16 1H 5D LANDSCAPE CONSTRUCTION IRRIGATION OR LAWN SPRINKLER INSTALLERS $9.00 1 LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS $1545 1 LANDSCAPING OR 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 & PIPEFITTERS JOURNEY LEVEL $61.24 2V 5A POWER EQUIPMENT OPERATORS ASSISTANT ENGINEERS $47.12 IT 5D BACKHOE, EXCAVATOR SHOVEL, OVER 50 METRIC TONS TO 90 METRIC $50.94 1T 5D TONS BACKHOE, EXCAVATOR SHOVEL, OVER 90 METRIC TONS $51.51 IT 5D BACKHOE, EXCAVATOR, SHOVEL, OVER 30 METRIC TONS TO 50 $50.39 IT 5D METRIC TONS BACKHOE, EXCAVATOR, SHOVEL, TRACTORS UNDER 15 METRIC TONS $49.48 1T 5D BACKHOE, EXCAVATOR, SHOVEL, TRACTORS: 15 TO 30 METRIC TONS $49.90 IT 5D BARRIER MACHINE (ZIPPER) $49.90 IT 5D BATCH PLANT OPERATOR, CONCRETE $49,90 IT 5D BELT LOADERS (ELEVATING TYPE) $49.48 IT 5D BOBCAT (SKID STEER) $47.12 IT 5D BROKK- REMOTE DEMOLITION EQUIPMENT $47.12 IT 5D BROOMS $47,12 IT 5D BUMP CUTTER $49.90 IT 5D CABLEWAYS $50.39 IT 5D CHIPPER $49,90 IT 5D COMPRESSORS $47.12 IT 5D CONCRETE FINISH MACHINE - LASER SCREED $47,12 IT 5D CONCRETE PUMPS $49.48 IT 5D Page 3 74 8P BP BP 8P 8P 8P 8P 8P 8P 8P 8P 8P 8P 8P 8P BP 8P 8P YAKIMA COUNTY EFFECTIVE 08-02 -2009 * #ittt *#i * # * # # ## kit!## i# ittkii# tfk# ik#* f# i!* f# t# ft# ti#! f* tt# t!*! f# t# f#### it #i * #f! # # *kt #lfftflfflff #tt * # # *# BP WITH ATTACHMENTS) (See Benefit Code Key) Over $51.51 IT 5D PREVAILING Time � Holiday Note Classification WAGE Code Code Code CONCRETE PUMP -TRUCK MOUNT WITH BOOM ATTACHMENT $49.90 IT 5D 8P CONVEYORS $49.48 IT 5D 8P CRANE, FRICTION 100 TONS THROUGH 199 TONS $51.51 IT 50 8P -CRANE, FRICTION OVER 200 TONS $52.07 IT 50 8P CRANES, THRU 19 TONS, WITH ATTACHMENTS $49.48 IT 50 8P CRANES, 20 - 44 TONS, WITH ATTACHMENTS $49.90 IT 5D 8P CRANES 45 TONS - 99 TONS UNDER 150 FT OF BOOM (INCLUDING JIB ssn 39 IT 50 8P WITH ATACHMENTS) CRANES, 100 TONS- 199 TONS, OR 150 FT OF BOOM (INCLUDING JIB $50,94 IT 50 BP WITH ATTACHMENTS) CRANES, 200 TONS TO 300 TONS, OR 250 FT OF BOOM (INCLUDING JIB $51.51 IT 5D 8P WITH ATTACHMENTS) CRANES, A- FRAME, 10 TON AND UNDER $47.12 IT 5D 8P CRANES, A- FRAME, OVER 10 TON $49.48 IT 5D 8P CRANES, OVER 300 TONS, OR 30U OF BOOM INCLUDING JIB WITH $52.07 IT 5D 8P ATTACHMENTS CRANES, OVERHEAD, BRIDGE TYPE (20 - 44 TONS) $49.90 IT 50 8P CRANES, OVERHEAD, BRIDGE TYPE (45 - 99 TONS) $50.39 IT SD 8P CRANES, OVERHEAD, BRIDGE TYPE (100 TONS & OVER) $50.94 IT 5D 8P CRANES, TOWER CRANE UP TO 175' IN HEIGHT, BASE TO BOOM $50,94 IT 5D 8P CRANES, TOWER CRANE OVER 175' IN HEIGHT, BASE TO BOOM $51.51 IT SD 8P CRUSHERS $49.90 IT 5D 8P DECK ENGINEER/DECK WINCHES (POWER) $49.90 IT 5D 8P DERRICK, BUILDING $50.39 IT 5D 8P DOZERS, D-9 & UNDER $49.48 IT 50 8P DRILL OILERS - AUGER TYPE, TRUCKOR CRANE MOUNT $49.48 IT 5D BP DRILLING MACHINE $49.90 IT 50 8P ELEVATOR AND MANLIFT, PERMANENT AND SHAFT -TYPE $47.12 IT 5D BP EQUIPMENT SERVICE ENGINEER (OILER) $49.48 IT 5D 8P FINISHING MACHINEBIDWELL GAMACO AND SIMILAR EQUIP $49.90 IT 5D 8P FORK LIFTS, (3000 LBS AND OVER) $49,48 IT 5D 8P FORK LIFTS, (UNDER 3000 LBS) $47.12 IT 5D 8P GRADE ENGINEER $49.48 IT 5D 8P GRADECHECKER AND STAKEMAN $47.12 IT 50 8P GUARDRAIL PUNCH $49.90 IT 5D BP HOISTS, OUTSIDE (ELEVATORS AND MANLIFTS), AIR TUGGERS $49.48 IT 50 8P --HORIZONTAL/DIRECTIONAL DRILL LOCATOR $49.48 IT 5D 8P HORIZONTAL/DIRECTIONAL DRILL OPERATOR $49.90 IT 5D 8P HYDRALIFTSBOOM TRUCKS (10 TON & UNDER) $47.12 IT 5D 8P HYDRALIFTSBOOM TRUCKS (OVER 10 TON) $49.48 IT 5D 8P LOADERS, OVERHEAD (6 YD UP TO 8 YD) $50.39 IT 50 8P LOADERS, OVERHEAD (8 YD & OVER) $50.94 IT 5D 8P LOADERS, OVERHEAD (UNDER 6 YD), PLANT FEED $49.90 IT 5D 8P LOCOMOTIVES, ALL $49.90 IT 5D 8P MECHANICS, ALL $50.94 IT 5D 8P MIXERS, ASPHALT PLANT $49.90 IT 50 8P MOTOR PATROL GRADER (FINISHING) $50.39 IT 5D 8P MOTOR PATROL GRADER (NON - FINISHING) $49.48 IT 5D 8P MUCKING MACHINE, MOLE, TUNNEL DRILL AND/OR SHIELD $50.39 IT 5D 8P OIL DISTRIBUTORS, BLOWER DISTRIBUTION AND MULCH SEEDING $47.12 IT 5D 8P OPERATOR PAVEMENT BREAKER $47.12 IT 5D 8P PILEDRIVER (OTHER THAN CRANE MOUNT) $49.90 IT 50 8P Page 4 75 YAKIMA COUNTY EFFECTIVE 09-02 -2009 at + ++ + +a + +arr +t + + ++ art+ attrt+ ttrr+ trrrttrt atrt+ tttrt+++ rr+ ttt++ at++ trtra++ at + +t + +rr+ + + + + +r + + +r + + + +r + + + + + +t (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code PLANT OILER (ASPHALT, CRUSHER) $49.48 IT 5D 8P POSTHOLE DIGGER, MECHANICAL $47.12 IT 5D 8P POWER PLANT $47,12 IT 50 8P PUMPS, WATER $47,12 IT 5D 8P QUAD 9,D•10, AND HD -41 $50.39 IT 5D 8P QUICK TOWER -NO CAB, UNDER 100 FEET IN HEIGHT BASED TO BOOM $47.12 IT 5D 8P REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING $50.39 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 5D 8P ROTO-MILL, ROTO- GRINDER $49,90 IT 5D 8P SAWS, CONCRETE $49.48 IT 5D 8P SCRAPERS- SELF PROPELLED, HARD TAIL END DUMP, ARTICULATING $50.39 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 SHOTCRETE GUNITE $47.12 IT 50 8P SLIPFORM PAVERS $50,39 IT 50 8P SPREADER, TOPSIDER & SCREEDMAN $50.39 IT 5D 8P SUBGRADE TRIMMER $49.90 IT 5D 8P TOWER BUCKET ELEVATORS $49.48 IT 50 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 TRANSPORTERS, ALL TRACK OR TRUCK TYPE $50.39 IT 5D 8P TRENCHING MACHINES $49.48 IT 5D 8P TRUCK CRANE OILERIDRIVER ( UNDER 100 TON) $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 50 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 IN CHARGE $39.33 4A 5A SPRAY PERSON $37.24 4A 5A TREE EQUIPMENT OPERATOR $37.85 4A 5A TREETRIMMER $35.21 4A 5A TREE TRIMMER GROUNDPERSON $26,58 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 YAKIMA COUNTY $21.98 1 EFFECTIVE 09-02 -2009 # # +! * * + *t *lift *f #fttttitfittiilfllf # #f #tiff #i #ft #fftftf #f# tit/ kf## tl llfti# iRkkk #!! * # * #*t+*+ttifttilfttt #!+ 61 (See Benefit Code Key) Over $10.00 1 PREVAILING Time Holiday Note Classification WAGE Cade 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 $8.55 1 RESIDENTIAL PAINTERS JOURNEY LEVEL $13.89 1 RESIDENTIAL PLUMBERS & PIPEFITTERS JOURNEY LEVEL $15.56 1 RESIDENTIAL SHEET METAL WORKERS JOURNEY LEVEL (FIELD OR SHOP) $34.85 1X 5A RESIDENTIAL SOFT FLOOR LAYERS JOURNEY LEVEL $17.55 1 RESIDENTIAL TERRAZZOITILE FINISHERS JOURNEY LEVEL $17.00 1 RESIDENTIAL TERRAZZOITILE SETTERS JOURNEY LEVEL $8.55 1 ROOFERS JOURNEY LEVEL $32.52 2P 51 USING IRRITABLE BITUMINOUS MATERIALS $35.52 2P 51 SHEET METALWORKERS 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 JOURNEY LEVEL $23.11 1N 5A SOLAR CONTROLS FOR WINDOWS JOURNEY LEVEL $8.55 1 SPRINKLER FITTERS (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 520.00 1 TELEPHONE LINE CONSTRUCTION - OUTSIDE CABLE SPLICER $32.27 2B 5A HOLE DIGGEWGROUND PERSON $18.10 2B 5A INSTALLER (REPAIRER) $30.94 2B 5A JOURNEY LEVEL TELEPHONE LINEPERSON $30.02 2B 5A SPECIAL APPARATUS INSTALLER 1 $32.27 2B 5A SPECIAL APPARATUS INSTALLER II $31.62 28 5A TELEPHONE EQUIPMENT OPERATOR (HEAVY) $32.27 28 5A TELEPHONE EQUIPMENT OPERATOR (LIGHT) $30.02 2B 5A Page 6 77 YAKIMA COUNTY EFFECTIVE 09-02 -2009 rtr++ r+ r+ rrttt+ trrtrrtttttrr+++ r++ rttrr+++ tt+++ tr: tatrtt+ rrr++ ttr►+ t+++ rr++ t +t + + +ttt + +tt + + +r + + +t + + +t + +t + ++ (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code TELEVISION GROUND PERSON $17.18 2B 5A TELEVISION LINEPERSONANSTALLER $22.73 2B 5A TELEVISION SYSTEM TECHNICIAN $27.09 28 5A TELEVISION TECHNICIAN $24.35 2B 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 $14.19 1 DUMP TRUCK $34.24 2G 61 DUMP TRUCK & 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 $9.20 1 WELL DRILLER $18.00 1 Page 7 78 PROPOSAL To the City Clerk Yakima, Washington This certifies that the undersigned has.examined the location of: ' City of Yakima North,-54-.4A-venue Drainage Y Improvemants City Project No. 2309 and that the plans, specifications and contract governing the work embraced in this improvement, and the method by which payment will be made for said work, is understood. The undersigned ' hereby proposes to undertake and complete the work embraced in this improvement, or as much thereof as can be completed with the money available in accordance with the said plans, specifications and contract, and the following schedule of rates and prices. ' NOTE: Unit prices for all items, all extensions, and total amount of bid, shall be shown, and be written in ink or typed. Show unit prices in figures only. Figures written to the right of the dot ' (decimal) in the dollars column shall be considered as cents. 79 ' ITEM PROPOSAL BID SHEET City of Yakima ' North 54th Avenue Drainage Improvements City Project No. 2309 ITEM PROPOSAL ITEM QTY UNIT UNIT PRICE AMOUNT NO. PAYMENT SECTION DOLLARS DOLLARS 1 MOBILIZATION 1 LS �- / 2do / 26C5 1 -09.7 2 SPCC PLAN 1 -07.15 1 LS &5 = �S 3 SAWCUTTING ASPHALT PAVEMENT 200 LF °= 2 -03.5 4 SAWCUTTING CURB AND GUTTER 131 LF SS• S��O 05 2 -03.5 5 ROADWAY EXCAVATION INCL. HAUL 117 CY 2-03.5 6 AASHTO NO. 57 147 TON 40 5880 7 -08.5 7 POROUS CONCRETE PAVEMENT PLACEMENT AND FINISHING 784 SF GS 20 5 -05.5 4 317-S 8 POROUS CONCRETE PAVEMENT 20 CY w 5 -05.5 9 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS ... 5'75 ..� - 1 -10.5 10 CONSTRUCTION GEOTEXTILE FOR SEPARATION 203 SY .- 2 -12.5 11 ROADSIDE CLEANUP EST. $500.00 2 -01.5 73` TOTAL )I;lq y - 81 BID BOND FORM ' Herewith find deposit in the form of a certified check, cashiers check, or cash in the amount of $ which amount Is not less than five percent of the total bid. Sign.Here BID BOND ' KNOW ALL MEN BY THESE PRESENTS: That We, Ken Leingang Excavating, Inc. as principal, and' t North American Specialty Insurance Company as Surety, are held and firmly bound unto the City of Yakima, as Obligee,•in the7penai sum of Five Percent (s %) of Amount Bid Dollars, for the payment of which the Principal.and the Surety bind themselves, their -heirs, executors, administrators, successors and assigns, jointly-and severally, by these presents. ' The condition of this obligation is such that if the Obligee shall make any award to the Principal for North 54th Avenue Drainage Improvements, Project No. 2309 , 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 30th DAY OF September , 20 10 ' Ken L ' ng Exca Inc. Principal North A S ecialty Insuran e Company ' Lillian Tse, Attorney in Fact '.20. Received,return..of deposit in the$um,of $ 83 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty.Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester. New Hampshire; and Washington international Insurance Company. a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make. constitute and appoint: CARL NEWMAN, STUART A. OTARRELL, KAREN P. DEVER, SUSAN B. LARSON, LILLIAN TSE, SCOTT FISHER, JILL A. BOYLE, DEANNA M. MEYER, BENJAMIN L. WOLFE, KARA N. HARMALA, ELIZABETH R. HAHN and JANA M. ROY JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed; bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington international Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds; undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." S 1� p��apSIGNg7j�u /��y4 y`G�(iP OFigT..G { / f' "7,r — .. By 3 rvQ- .••0¢POl',S'G SEAL :O9 Stec en P. Anderson, President & Chief E\ecutive Officer of Washington International Insurance Company $ �+ SEAL �6r: W .2 1973 ,v: n' byn'hAM...... & Senior Vice President of North American Specialty Insurance Company 'p E i 8 Z`•. /4llgIp1111110 \ \\ By David hi. Layman, Senior Vice President of Washington International Insurance Company ' S vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this i St day of September 20 10 North American Specialty Insurance Company Washington International insurance Company State of Illinois County of Cook SS: On this i st day of September 20 10 , before me. a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington international Insurance Company and Vice-President of North American Specialty Insurance Company. personally known to me, who being by me duly sworn; acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resDective companies. =St4ateof S of Minnts pires 1010 12011 t t,l Donna D. Sklens, Notary Public I. James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty insurance Company and Washington International Insurance Company, which is still in full force and effect. iN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 30th day of September 20 10 James A Carpenter. Vice President & Assistant Secretan of Washington International Insiomce Compam & North American Specmlt\ Insurance Compam NON - COLLUSION DECLARATION I, by. signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 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. 85 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." 87 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 11eh �QtrsgYq C%CG170.i1`Y1 Item Numbers :• 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. 91 RESOLUTION N0. D-4816 A RESOLUTION adopting a "Women And Minority Business Enterprise Policy" for the City of Yakima. WHEREAS, the City of Yakima is the recipient of federal and state assistance which assistance carries with it the obli- gation of contracting with Women And Minority Business Enter- prises for the performance of public works, and WHEREAS, it is the intention of the City of Yakima that Women And Minority Business Enterprises shall have the maximum practicable opportunity to participate in the performance of such public works, and WHEREAS, the City of Yakima is determined to maximize Women And Minority Business Enterprise opportunities for parti- cipation in its competitive bidding process through the adoption of the "Women And Minority Business Enterprise Policy" statement attached hereto, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council hereby adopts the "Women And Minority Business Enterprise Policy ", a copy of which is attached hereto and by reference made a part hereof. �Q ADOPTED BY THE CITY COUNCIL this -ia Lft day of c , 1983. ATTEST: -a- 44";t,- City Clark �►! . AAK. Miff, II [ .�.... 1 :. 92 AFFIRMATIVE ACTION. PLAN The bidders, contractors and subcontractors will not be eligible for award of a contract under this Advertisement for Bids unless it certifies as prescribed, that it adopts the minimum goals and timetable of minority and women workforce utilization and specific affirmative action steps as set forth by the City of Yakima, This is directed at increasing minority and women workforce utilization by means of applying good faith efforts to carrying out such steps. However, no contractor or subcontractor shall be found to be in noncompliance solely on account of its failure to meet its :goals within its timetables,. but such contractor shall be given the opportunity to demonstrate that it has instituted all of the specific affirmative action steps specified by the City of Yakima, and has made every good'faith effort to make these steps work toward the attainment of its goals, all to the purpose of expanding minority and women workforce utilization on all of its projects in the City of Yakima, Washington. In all cases, the compliance of a bidder, contractor or subcontractor will be determined in accordance with its respective obligations under the terms of these Bid Conditions. All bidders and all contractors and subcontractors performing or to perform work on projects subject to these Bid Conditions hereby agree to inform their subcontractors of their respective obligations under the terms and requirements of these Bid Conditions, including the provisions relating to goals of minority and women employment and training. Specific Affirmative Action Steps Bidders, contractors and subcontractors subject to this contract must engage in affirmative action directed at increasing minority and women workforce utilization, which is at least as extensive and as specific as the following steps: a. The contractor shall notify community organizations that the contractor has employment opportunities available and shall maintain records of the organizations' response. b. The contractor shall maintain a file of the names and addresses of each minority and women worker referred to him and what action was taken with respect to each such referred worker, and if the worker was not employed, the reasons therefore. If suchworker was not sent to the union hiring. hall for referral or if such worker was not employed by the contractor, the contractor's file shall document this and the reasons therefore. c. The r contractor shall promptly notify the City of Yakima Engineering Division an Contract Compliance Officer when the union or unions with whom the contractor has collective bargaining agreement has not referred to the contractor a minority or woman worker sent by the contractor or the contractor has other information that the union referral process has impeded him in his efforts to meet his goal. d. The contractor shall participate in training programs in the area, especially those funded by the Department of Labor. e. The contractor shall disseminate his EEO policy within his own organization by including it in any policy manual; by publicizing it in company newspapers, annual reports, etc., by conducting staff, employee and union representatives' meetings to explain and discuss the policy; by posting of the policy; and by specific review of the policy with minority employees. f. The contractor shall disseminate his EEO policy externally by informing and discussing it with all recruitment sources; by advertising in news media, specifically 93 including minority news media; and by 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. 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. k. The contractor shall develop on- the -job training opportunities and participate and assist in any association or employer group training programs relevant to the contractor's employee needs consistent with its obligations under this bid. The contractor shall continually inventory and evaluate all minority and women personnel for promotion opportunities and encourage minority and women employees to seek such opportunities. m. The contractor shall make sure that seniority practices, job classifications, etc., 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. 94 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: t✓ Q_'\ n h SICONGI MCN certifies that: (BIDDER) 1. It intends to use the following listed construction trades in the work under the contract emu VDrn0rA ZXD2t'60r U gb 0 �tic,K'�r and; as to those trades for which it is required by these Bid Conditions to comply with these Bid Conditions, it adopts the minimum minority and women workforce utilization goals and the specific affirmative action steps for all construction work (both federal and non - federal) in the Yakima, Washington area subject to these Bid Conditions, those trades being: c- l�gh o � 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 Aut46rized Rporesentative of Bidder) 95 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 IM 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. .; PROPOSAL North 54th Avenue Drainage Improvements City Project No. 2309 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 CASHIER'S CHECK CERTIFIED CHECK PROPOSALBOND ❑ IN THE AMOUNT OF N DOLLARS ❑ ($ ) PAYABLE TO THE STATE TREASURER ® IN THE AMOUNT OF 5% OF THE BID ** Receipt is hereby acknowledged of addendum(s) No.(s) & SIGNAT E OF AUTHORIZED OFFICIAL(s) O A��J ?ap� C �. FIRM NAME i v n Uky'\Sgho\ CXCgwg ly)2q (ADRESS) W-) 1� . �.-1�ti A v e, PHONE NUMBER STATE OF WASHINGTON CONTRACTORS LICENSE NUMBER k E N LE E ao I o D Note: FEDERAL ID No. I , WA STATE EMPLOYMENT SECURITY REFERENCE NO. a'r &. ob & l - 0 D (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. .. BIDDER'S CHECK LIST The bidder's attention is especially called to the following forms, which must be executed, as required, and submitted on the form purchased from the City and bound in the Contract Documents: A. PROPOSAL The unit prices, extensions and total amounts bid must be shown in the spaces provided. B. 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 for the specific trades listed. Failure to provide a complete subcontractor list at time of bid WILL NOT render the bid non - responsive, except for specific trades listed. D. BIDDER'S CERTIFICATION E. PROPOSAL SIGNATURE SHEET Must be filled in and signed by the bidder. F. MBEIWBE FORM It is requested that The Bidder's Certification of the "Affirmative Action Profile" in the MBE/WBE Form be filled in and signed by the bidder. Failure to provide this information WILL NOT render the bid non - responsive. 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. 101 t r: �v s�•F.�t .F 5 - S t. ! sa - &t - ata ye' � r ''' F -.cf +91"°'... _ ,g'. :: .� • ' ,. `` :.r6-` �sab "'era �r `. y. ��'.. 4 i w m y 3 8 AXI g s � d.. UNION` .i' •c 'r _C�•.•� e TIME: � 4 5��^ > , , _ 5 r t 4 _ t y � v '�R Kt,.. .ry _ $ `k ':...v<<i+' • -�. 4_ .[ �.r k tz - -k!' - Ft'- . v •�' Z..:e <sw, _, ��rY w ' � �� -+�- far- "+� =`k� '- �^r`...•»+v ,F„�...,, 1, } s • ^� J���� -".r> � ,�. i. � . ,1.,:16 �`k•T`'S- 3`""'L` ' "f;�L-�L "'+"`' u`i . x .,7��__r,�p ,.; ";: :. '•his- +'7i�r ,r .: }• 'c .'ii,1� .'1.. .i+ s � -. .��FaK4'' s., s.:..��i'��•:. +' '^n:' -�i w•� , r� �,- .�' "�.i.""`��� •�yw�:,,,;."ki,�.e"t-#it � `F'" � --� - '�S ���� '"�, +- "�+.3;."��•+��s'3� �e 43t��.f� Es>£ r, � �� '�.�t- '�.St H.r�.'S y. u.. �' ?i"p��r*`f.'^ki..�c" �,,. ? � y v +5 a�� � _ �i•? FRIe „�,• -� -x+- ..G.ra 3+ i <yy �Y'.+s1 �'. ti ,V�tt`�+,•C" L{ {S?`c+i � .r �.v. �� z� Sr:.. '+� �- 3 �. n •1 � 1 x j W r s v, 4' s h a , r� i � " ����.'w���'ie�•;.. ,N,v:�s'.. , ...y�arat,. , +•4 .,a" y f> s „� �tr' � " �' �. _ .� s. � a'i , ���}}�,,.� •J rp • K r v t. -- Y > kN ME ..mac.: ,•!. _ �'i''. 4 T e ✓Y ' -t 4 i c fix. ,..�'x v^ , a. 6 rr.L n ^ X. ... �..w .:t- � �` '•�T' v 1. 4 u _ _ 'A. �. � ;i�'' •,!7"eN 1 1't s,. a.f - tia'.�SVIr! f'�' _ ,. -� � 4'Y "'f -Y •�� - .�,° 'e: iw- 'JTA+t,1,73ry`,r' � �'+a• ty Y'�V g _ � .. �'-.' cd�!'i�',�.;�'C '•��i'�'.� G'"�^ '' t� r'�, x�Y Y�'�f°+r ' -.st � MA - ,�a Y 'tii' �; .'f s? '_ "ii> '•L f ..f•'tt�'�,T6. �.�'},�,,_�� �'��r, •t- 2 � t: a•i:', r. ;Y, t: ?fib 1, am 1, LONGITUDINAL BUFFER SPACE = B POSTED SPEED (MPH) 25 30 35 40 45 LENGTH B (FEET) 55 85 120 170 270 CHANNELIZING DEVICE SPACING POSTED SPEED (MPH) IN TAPER (FEET) IN TANGENT (FEET) 35 / 45 30 60 25 / 30 20 40 gE R , y c t0 R� OF WASifIlk Cr 1 ALL SIGN SPACING MAY BE ADJUSTED TO ACCOMMODATE AT —GRADE INTERSECTIONS AND DRIVEWAYS. NOTES 1. This plan is intended for use on roadways when traffic volumes create sufficient gaps for motor vehicles to yield. 2. Steady Burning Warning Lights (Type C per MUTCD) shall be used to mark Channelizing Devices at night. 3. Adequate sight distance shall be provided for drivers to.see opposing traffic, otherwise use flaggers and /or Temporary Signal. 4. Extend Channelizing Device taper across shoulder - recommended. 5. Post mount signs when in place for 3 days or longer. 6. For speed limit 35 mph or higher replace W1 -3R with W1 4R. 7. For signs size refer to Manual on Uniform Traffic Control Devices (MUTCD) and WSDOT Sign Fabrication Manual M55 -05. 8. Type 3 barricades required when work areas are left unfinished and during porous concrete 7 day cure period. Barricades optional during daytime when contractor is working in the work area. c O .(n E Y � � � d N Do 4— N of O c �, r Z E U LU a) O N a Z Z cn z z w o w w o w; CL Q j � Q C F — LL L O Z H U U O U tl 2 > J O Z O g U U a 9 H 2 2 SIGN SPACING = X RURAL ROADS 45 / 55 MPH 500' t RURAL ROADS & URBAN ARTERIALS 35 / 40 MPH 350' t RURAL ROADS, RESIDENTIAL & URBAN ARTERIALS, 25 / 30 MPH 200' t BUSINESS DISTRICTS URBAN STREETS 25 MPH OR LESS 100' t ALL SIGNS ARE BLACK ON ORANGE UNLESS DESIGNATED OTHERWISE ALL SIGN SPACING MAY BE ADJUSTED TO ACCOMMODATE AT —GRADE INTERSECTIONS AND DRIVEWAYS. NOTES 1. This plan is intended for use on roadways when traffic volumes create sufficient gaps for motor vehicles to yield. 2. Steady Burning Warning Lights (Type C per MUTCD) shall be used to mark Channelizing Devices at night. 3. Adequate sight distance shall be provided for drivers to.see opposing traffic, otherwise use flaggers and /or Temporary Signal. 4. Extend Channelizing Device taper across shoulder - recommended. 5. Post mount signs when in place for 3 days or longer. 6. For speed limit 35 mph or higher replace W1 -3R with W1 4R. 7. For signs size refer to Manual on Uniform Traffic Control Devices (MUTCD) and WSDOT Sign Fabrication Manual M55 -05. 8. Type 3 barricades required when work areas are left unfinished and during porous concrete 7 day cure period. Barricades optional during daytime when contractor is working in the work area. c O .(n E Y � � � d N Do 4— N of O c �, r Z E U LU a) O N a Z Z cn z z w o w w o w; CL Q j � Q C F — LL L O Z H U U O U tl 2 > J O Z O g U U a 9 H 2 2