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HomeMy WebLinkAboutTTC Construction, LLC - 66th Avenue & Chestnut Avenue Sewer Service Improvements 1 Construction Contract Specifications & I Bid Documents Quote Deadline: I 5.10.2011 Time: �#► 1 5:00 PM A Location: 1 City of Yakima - City Clerk 129 N. 2nd Street �, Yakima, WA 98901 I �`�' - lquiliti - - - -- 1 1 66th Avenue & Chestnut Avenue 1 Sewer Service Improvements I City of Yakima - Engineering City of Yakima No. 2234 -1 1 I May 2011 I This contract provides for the improvement of sewer ser- vices to existing parcels along the east side of 66th Avenue south of Chestnut Avenue by installing new 4" sewer service I pipes including trench excavation, backfill and surface res- toration and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard 1 City of Yakima - Engineering Specifications. 129 North Second Street 1 Yakima, WA 98901 .:.... City Of Yakima I Engineering Department Phone (509)575 -6111 Engineering Division Engineering Construction FAX (509) 576 -6383 129 North Second Street 1 Engineering Design FAX Yakima, Washington (509)576 -6305 I 1 1 1 CITY OF YAKIMA 66th Ave & Ches.tnut Ave Sewer Services Project CITY PROJECT NO. 2234 -11 1 MAY 2011 � E R Sh' • CO C7 ■ 1 1 1 1 1 66th Avenue & Chestnut Avenue Sewer Services 1 INVITATION TO QUOTE ' NOTICE IS HEREBY GIVEN that sealed quote will be received by the City Clerk of the City of Yakima, 129 North 2nd Street, Yakima, Washington, 98901 until 5:00 PM on May 10, 2011 for the construction of CITY OF YAKIMA 66th Avenue & Chestnut Avenue ' Sewer Services City Project No. 2234 -11 This contract provides for the improvement of sewer services to existing parcels along the east side of 66 Avenue south of Chestnut Avenue by installing new 4" sewer service pipes including trench excavation, backfill and surface restoration and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications. ' 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 quote 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 quote and proposals. ' DATED this 4th day of May, 2011 DEBORAH KLOSTER CITY CLERK 1 1 66th Avenue & Chestnut Avenue Sewer Services 3 I I CONTENTS I 66th Avenue & Chestnut Avenue Sewer Services City Project No. 2234 -11 I SECTION PAGE INVITATION TO QUOTE 3 STANDARD SPECIFICATIONS I Amendments to the 2010 Standard Specifications 7 CONTRACT PROVISIONS Special Provisions 7 j Project Description 8 Definitions 8 1 -02 Bid Procedures and Conditions 11 1 -03 Award and Execution of Contract 11 1-04 Scope of the Work 13 1 -05 Control of Work 13 I 1 -06 Control of Material 17 1-07 Legal Relations and Responsibilities to the Public 19 1 -08 Prosecution and Progress 26 I 1 -09 Measurement and Payment 29 1-10 Temporary Traffic Control 29 2 -07 Watering 30 I 7 -08 General Pipe Installation Requirements 31 8-30 Repair or Replacement (New Section) 32 I Revised Standard Plans 33 Contract Form 39 I Performance Bond Form 41 Informational Certificate of Insurance 43 Minimum Wage Affidavit Form 47 I PREVAILING WAGE RATES Prevailing Wage Rates Information 48 PROPOSAL I Proposal Form 49 Item Proposal Quote Sheet 51 Bid Bond Form 53 I Non - Discrimination Provision 54 PLANS & DETAILS Standard Details Attached 1 I I 66th Avenue & Chestnut Avenue Sewer Services 5 AMENDMENTS TO THE STANDARD SPECIFICATIONS 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 are made a part of this contract and supersede any conflicting provisions of the Standard Specifications and can be viewed here: ' http: / /www.wsdot.wa.gov/ Design /ProiectDev /Specifications.htm ' 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. SPECIAL PROVISIONS ' The following Special Provisions are made a part of this contract and supersede any conflicting provisions of the 2010 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) (BSP date) Region Special Provision 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 ' Project Specific Special Provisions normally appear only in the contract for which they were developed. 1 66th Avenue & Chestnut Avenue Sewer Services 7 1 ' DIVISION 1 GENERAL REQUIREMENTS ' DESCRIPTION OF WORK ' (March 13, 1995) This contract provides for the improvement of * ** sewer services to existing parcels along the east side of 66 Avenue south of Chestnut Avenue by installing new 4" sewer service pipes ' including trench excavation, backfill and surface restoration * ** and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications. 1 -01 DEFINITIONS AND TERMS ' 1 -01.3 Definitions (September 12, 2008 APWA GSP) This Section is supplemented with the following: ' All references in the Standard Specifications to the terms "State ", "Department of Transportation ", "Washington State Transportation Commission ", "Commission ", "Secretary ' of Transportation ", "Secretary ", "Headquarters ", and "State Treasurer" shall be revised to read "Contracting Agency ". ' All references to "State Materials Laboratory" shall be revised to read "Contracting Agency designated location ". ' The venue of all causes of action arising from the advertisement, award, execution, and performance of the contract shall be in the Superior Court of the County where the Contracting Agency's headquarters are located. ' Additive A supplemental unit of work or group of bid items, identified separately in the proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base ' bid. Alternate ' One of two or more units of work or groups of bid items, identified separately in the proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. ' Contract Documents See definition for "Contract ". ' Contract Time The period of time established by the terms and conditions of the contract within which the work must be physically completed. 66th Avenue & Chestnut Avenue Sewer Services 9 1 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. Physical Completion Date The day all of the work is physically completed on the project. All documentation required by the contract and required by law does not necessarily need to be furnished by the Contractor by this date. Completion Date The day all the work specified in the contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the contract and required by law must be furnished by the Contractor before establishment of this date. Final Acceptance Date The date on which the Contracting Agency accepts the work as complete. Notice of Award The written notice from the Contracting Agency to the successful bidder signifying the Contracting Agency's acceptance of the bid. Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the work and establishing the date on which the contract time begins. , Traffic Both vehicular and non - vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. 1 1 66th Avenue & Chestnut Avenue Sewer Services 10 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 (January 24, 2011 APWA GSP) Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to ' be awarded a public works project. 1 - 03 AWARD AND EXECUTION OF CONTRACT U 1 -03.1 Consideration of Bids (January 23, 2006 APWA GSP) U 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 U sales taxes where applicable and such additives and /or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond. ' 1 -03.3 Execution of Contract (October 1, 2005 APWA GSP) ' Revise this section to read: Copies of the Contract Provisions, including the unsigned Form of Contract, will be available U for signature by the successful bidder on the first business day following award. The number of copies to be executed by the Contractor will be determined by the Contracting Agency. U Within Ten (10) calendar days after the award date, the successful bidder shall return the signed Contracting Agency - prepared contract, an insurance certification as required by Section 1- 07.18, and a satisfactory bond as required by law and Section 1 -03.4. Before U 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. 111 66th Avenue & Chestnut Avenue Sewer Services 11 I 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 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 - 03.7 Judicial Review Revise the last sentence to read: Such review, if any, shall be timely filed in the Superior Court of Yakima County, Washington. ' 66th Avenue & Chestnut Avenue Sewer Services 12 1 -04 SCOPE OF THE WORK ' 1 -04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda (October 1, 2005 APWA GSP) Revise the second paragraph to read: ' Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Addenda, ' 2. Proposal Form, 3. Special Provisions, including APWA General Special Provisions, if they are included, 4. Contract Plans, ' 5. Amendments to the Standard Specifications, 6. WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 7. Contracting Agency's Standard Plans (if any), and ' 8. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 1 -04.11 Final Cleanup This section is supplemented with the following: The Contractor shall do partial cleanup when he determines it is necessary or when, in the ' opinion of the Engineer, partial cleanup shall be done for public safety. The cleanup work shall e done immediately upon notification from the Engineer and other work shall not proceed until the partial cleanup is accomplished. 1 - 05 CONTROL OF WORK ' 1 -05.1 Authority of the Engineer This section is supplemented with the following: Unless otherwise expressly provided in the Contract Drawings, Specifications and Addenda, the means and methods of construction shall be such as the Contractor may choose; subject, however, to the Engineer's right to reject means and methods proposed by the Contractor which (1) will constitute or create a hazard to the work, or to persons or property; ' or (2) will not produce finished work in accordance with the terms of the Contract. The Engineer's approval of the Contractor's means and methods of construction or his failure to exercise his right to reject such means or methods shall not relieve the Contractor of the ' obligation to accomplish the result intended by the Contract; nor shall the exercise of such right to reject create a cause for action for damages. ' The Contracting Agency shall have the authority at all times to issue a stop work order at no penalty to the Contracting Agency if, in its opinion, working conditions present an undue hazard to the public, property of the work force. Such authority shall not, however, relieve ' the Contractor of responsibility for the maintenance of safe working conditions or assess any responsibility to the Contracting Agency or Engineer for the identification of any or all unsafe conditions. 66th Avenue & Chestnut Avenue Sewer Services 13 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 surveying required for this project. A Professional Surveyor, licensed in the State of Washington, shall be employed by the Contractor to perform all horizontal and vertical control work, and to do the construction staking, including setting offset points and grades. The Contractor shall protect all existing monuments within the construction limits from being disturbed or damaged in any way during construction. If any monuments are disturbed, damaged or removed during construction, the Licensed Surveyor shall replace such monuments in accordance with State Law including recording a Land Corner Record for each monument affected. All associated costs for the survey work shall be incidental to the other bid items of the project. 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. 66th Avenue & Chestnut Avenue Sewer Services 14 ' 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. 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. I 66th Avenue & Chestnut Avenue Sewer Services 15 Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled. 1 05.11(3) Operational Testing ' It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the physical completion date. Whenever items of work are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. Operational and test periods, when required by the Engineer, shall not affect a manufacturer's guaranties or warranties furnished under the terms of the contract. 1 -05.13 Superintendents, Labor and Equipment of Contractor (March 25, 2009 APWA GSP) Revise the seventh paragraph to read: I Whenever the Contracting Agency evaluates the Contractor's qualifications pursuant to Section 1- 02.14, it will take these performance reports into account. I 66th Avenue & Chestnut Avenue Sewer Services 16 I 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 - 06 CONTROL OF MATERIAL 1 -06.2 Acceptance of Materials 1- 06.2(1) Samples and Tests for Acceptance This section is supplemented with the following: The Contractor shall be responsible for scheduling and paying for all material testing 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. ' The sampling frequency is as follows: Trench Backfillinq 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 1 66th Avenue & Chestnut Avenue Sewer Services 17 I alternating 100 -foot locations along the main trench line, tests shall be taken at 1 -foot, 2 -foot and 3 -foot depths below finish grade. Compaction shall conform to Section 7- 08.3(3) or 7- 10.3(11) as applicable to the pipeline being constructed. At a minimum, compaction within the roadway area shall be to at least 95% of maximum density as determined by ASTM D 1557 (Modified Proctor). Embankment Construction Compaction tests shall be taken at a frequency sufficient to document that the required 1 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 I Compaction tests shall be taken at a frequency sufficient to document that the required density has been achieved. At a minimum, one (1) compaction test shall be taken for every 5,000 square feet of surface area for each lift of roadway subgrade. Subgrade compaction shall be as specified in Section 2- 06.3(2). Ballast and Crushed Surfacing Compaction tests shall be taken at a frequency sufficient to document that the required I 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 I 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. Cement Concrete Curb, Gutter and Sidewalk One test shall be taken for every 500 cubic yards of concrete placed for curb, gutter or sidewalk. The concrete shall be tested for temperature, air content, slump and compressive strength. I 66th Avenue & Chestnut Avenue Sewer Services 18 1 -07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ' 1 -07.1 Laws to be Observed (October 1, 2005 APWA GSP) ' Supplement this section with the following: In cases of conflict between different safety regulations, the more stringent regulation shall ' apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington ' Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well known place at the ' project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor's care, persons, including employees, who may have been ' injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor's care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor's plant, appliances, and methods, and for any damage or injury resulting from ' their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and ' not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not, and shall not, be intended to include review and adequacy of 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 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. 66th Avenue & Chestnut Avenue Sewer Services 19 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, 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). The work on this contract obligates the Contractor to collect retail sales tax on the full contract price from the Contracting Agency. The provisions of Section 1- 07.2(3) apply. 66th Avenue & Chestnut Avenue Sewer Services 20 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. ' Public and private utilities, or their Contractors, will furnish all work necessary to adjust, relocate, replace, or construct their facilities unless otherwise provided for in the Plans or these Special Provisions. Such adjustment, relocation, replacement, or construction will be done during the prosecution of the work for this project. 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 following addresses and telephone numbers of utility companies known or suspected of having facilities within the project limits are supplied for the Contractor's convenience: QWEST 8 W. 2 Ave., Room 304, Yakima, WA 98902 509 - 575 -7183 Charter Communications 1005 N. le Ave., Yakima, WA 98902 509 - 575 -1697 ' Nob Hill Water 6111 Tieton Drive, Yakima, WA 98908 509 - 966 -0272 City of Yakima Wastewater Div. 2220 E. Viola, Yakima, WA 98901 509 - 575 -6077 ' Cascade Natural Gas Corp. 401 N. 1 Street, Yakima, WA 98901 509-457-5905 Pacific Power PO Box 1729, Yakima, WA 98907 509 - 575 -3146 ' 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. No excavation shall begin until all known facilities, in ' the vicinity of the excavation area, have been located and marked. Utilities, new or old, may be renewed, relocated, or adjusted for the proposed construction. ' The Contractor shall, prior to beginning any work, meet with all utility organizations (public and private) in the field to familiarize himself with plans and schedules of the installations on new, relocated, or adjusted utilities. Both public and private utility organizations may be ' doing utility installations within the area. The proposed construction work must be coordinated with these utility installations. The Contractor shall coordinate his work with other contractors who may be working in the ' project area and cooperate with them. 1 1 66th Avenue & Chestnut Avenue Sewer Services 21 1 -07.18 Public Liability and Property Damage Insurance Delete this section in its entirety, and replace it with the following: I 1 - 07.18 Insurance (January 24, 2011 APWA GSP) 1 07.18(1) General Requirements A. The Contractor shall obtain the insurance described in this section from insurers approved by the State Insurance Commissioner pursuant to RCW Title 48. The insurance must be provided by an insurer with a rating of A -: VII or higher in the A.M. Best's Key Rating Guide, which is licensed to do business in the state of Washington (or issued as a surplus line by a Washington Surplus lines broker). The Contracting Agency reserves the right to approve or reject the insurance provided, based on the insurer (including financial condition), terms and coverage, the Certificate of Insurance, and /or endorsements. B. The Contractor shall keep this insurance in force during the term of the contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated (see C. below). C. If any insurance policy is written on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. The policy , shall state that coverage is claims made, and state the retroactive date. Claims -made form coverage shall be maintained by the Contractor for a minimum of 36 months following the Final Completion or earlier termination of this contract, and the Contractor shall annually provide the Contracting Agency with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting period ( "tail ") or execute another form of guarantee acceptable to the Contracting Agency to assure financial responsibility for liability for services performed. D. The insurance policies shall contain a "cross liability" provision. E. The Contractor's and all subcontractors' insurance coverage shall be primary and non- contributory insurance as respects the Contracting Agency's insurance, self- insurance, or insurance pool coverage. ' F. The Contractor shall provide the Contracting Agency and all Additional Insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. ' G. Upon request, the Contractor shall forward to the Contracting Agency a full and certified copy of the insurance policy(s). H. The Contractor shall not begin work under the contract until the required insurance has been obtained and approved by the Contracting Agency. I. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency 66th Avenue & Chestnut Avenue Sewer Services 22 r on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. r J. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the contract and no additional payment will be made. 1- 07.18(2) Additional Insured All insurance policies, with the exception of Professional Liability and Workers Compensation, shall name the following listed entities as additional insured(s): • the Contracting Agency and its officers, elected officials, employees, agents, and volunteers ' • appointed officials The above - listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, whether primary, excess, contingent or otherwise, irrespective of ' whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to 1- 07.18(3) describes limits lower than those maintained by the Contractor. ' 1- 07.18(3) Subcontractors Contractor shall ensure that each subcontractor of every tier obtains and maintains at a ' minimum the insurance coverage's listed in 1- 07.18(5)A and 1- 07.18(5)B. Upon request of the Contracting Agency, the Contractor shall provide evidence of such insurance. ' 1- 07.18(4) Evidence of Insurance The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein when the ' Contractor delivers the signed Contract for the work. The certificate and endorsements must conform to the following requirements: 1. An ACORD certificate or a form determined by the Contracting Agency to be equivalent. 2. Copies of all endorsements naming Contracting Agency and all other entities listed in 1- 07.18(2) as Additional Insured(s), showing the policy number. The Contractor may submit a ' copy of any blanket additional insured clause from its policies instead of a separate endorsement. A statement of additional insured status on an ACORD Certificate of Insurance shall not satisfy this requirement. ' 3. Any other amendatory endorsements to show the coverage required herein. 1- 07.18(5) Coverage's and Limits ' The insurance shall provide the minimum coverage's and limits set forth below. Providing coverage in these stated minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits. All deductibles and self- insured retentions must be disclosed ' and are subject to approval by the Contracting Agency. The cost of any claim payments falling within the deductible shall be the responsibility of the Contractor. I 66th Avenue & Chestnut Avenue Sewer Services 23 I 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) 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 1 -07.24 Rights of Way (October 1, 2005 APWA GSP) Delete this section in its entirety, and replace it with the following: ' Street right of way lines, limits of easements, and limits of construction permits are indicated in the Plans. The Contractor's construction activities shall be confined within these limits, unless arrangements for use of private property are made. 66th Avenue & Chestnut Avenue Sewer Services 24 Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of way and easements, both permanent and temporary, necessary for carrying out the work. ' Exceptions to this are noted in the Bid Documents or will be brought to the Contractor's attention by a duly issued Addendum. Whenever any of the work is accomplished on or through property other than public right of way, the Contractor shall meet and fulfill all covenants and stipulations of any easement agreement obtained by the Contracting Agency from the owner of the private property. ' Copies of the easement agreements may be included in the Contract Provisions or made available to the Contractor as soon as practical after they have been obtained by the Engineer. ' Whenever easements or rights of entry have not been acquired prior to advertising, these areas are so noted in the Plans. The Contractor shall not proceed with any portion of the work in areas where right of way, easements or rights of entry have not been acquired until ' the Engineer certifies to the Contractor that the right of way or easement is available or that the right of entry has been received. If the Contractor is delayed due to acts of omission on the part of the Contracting Agency in obtaining easements, rights of entry or right of way, the Contractor will be entitled to an extension of time. The Contractor agrees that such delay shall not be a breach of contract. ' Each property owner shall be given 48 hours notice prior to entry by the Contractor. This includes entry onto easements and private property where private improvements must be adjusted. The Contractor shall be responsible for providing, without expense or liability to the Contracting Agency, any additional land and access thereto that the Contractor may desire for temporary construction facilities, storage of materials, or other Contractor needs. ' However, before using any private property, whether adjoining the work or not, the Contractor shall file with the Engineer a written permission of the private property owner, and, upon vacating the premises, a written release from the property owner of each property ' disturbed or otherwise interfered with by reasons of construction pursued under this contract. The statement shall be signed by the private property owner, or proper authority acting for the owner of the private property affected, stating that permission has been ' granted to use the property and all necessary permits have been obtained or, in the case of a release,- that the restoration of the property has been satisfactorily accomplished. The statement shall include the parcel number, address, and date of signature. Written releases must be filed with the Engineer before the Completion Date will be established. 1 1 66th Avenue & Chestnut Avenue Sewer Services 25 1 -08 PROSECUTION AND PROGRESS Add the following new section: ' 1 - 08.0 Preliminary Matters (May 25, 2006 APWA GSP) Add the following new section: 1 08.0(1) Preconstruction Conference (October 10, 2008 APWA GSP) Prior to the Contractor beginning the work, a preconstruction conference will be held between the Contractor, the Engineer and such other interested parties as may be invited. The purpose of the preconstruction conference will be: 1. To review the initial progress schedule; 2. To establish a working understanding among the various parties associated or affected by the work; 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc.; 4. To establish normal working hours for the work; 5. To review safety standards and traffic control; and 6. To discuss such other related items as may be pertinent to the work. The Contractor shall prepare and submit at the preconstruction conference the following: 1. A breakdown of all lump sum items; 2. A preliminary schedule of working drawing submittals; and 3. A list of material sources for approval if applicable. 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 66th Avenue & Chestnut Avenue Sewer Services 26 r 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 -08.4 Prosecution of Work ' Revise this section to read: 1 -08.4 Notice to Proceed and Prosecution of the Work ' (October 1, 2005 APWA GSP) Notice to Proceed will be given after the contract has been executed and the contract bond ' and evidence of insurance have been approved and filed by the Contracting Agency. The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site ' within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the contract. 1 -08.5 Time for Completion This section is supplemented with the following: (March 13, 1995) ' This project shall be physically completed within * ** 10 *' working days. 1 66th Avenue & Chestnut Avenue Sewer Services 27 1 I (June 28, 2007 APWA GSP, Option B) Revise the third and fourth paragraphs to read: Contract time shall begin on the first working day following the 10 calendar day after the Notice to Proceed date. If the Contractor starts work on the project at an earlier date, then contract time shall begin on the first working day when onsite work begins. Each working day shall be charged to the contract as it occurs, until the contract work is physically complete. If substantial completion has been granted and all the authorized working days have been used, charging of working days will cease. Each week the Engineer will provide the Contractor a statement that shows the number of working days: (1) charged to the contract the week before; (2) specified for the physical completion of the contract; and (3) remaining for the physical completion of the contract. The statement will also show the nonworking days and any partial or whole day the Engineer declares as unworkable. Within 10 calendar days after the date of each statement, the Contractor shall file a written protest of any alleged discrepancies in it. To be considered by the Engineer, the protest shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of time disputed. By not filing such detailed protest in that period, the Contractor shall be deemed as having accepted the statement as correct. If the Contractor elects to work 10 hours a day and 4 days a week (a 4 -10 schedule) and the fifth day of the week in which a 4 -10 shift is worked would ordinarily be charged as a working day, then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day. Revise the sixth ara ra h to read: p 9 P The Engineer will give the Contractor written notice of the completion date of the contract , after all the Contractor's obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: , 1. The physical work on the project must be complete; and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. 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 t 66th Avenue & Chestnut Avenue Sewer Services 28 1 -08.7 Maintenance During Suspension (October 1, 2005 APWA GSP) ' Revise the second paragraph to read: ' At no expense to the Contracting Agency, the Contractor shall provide through the construction area a safe, smooth, and unobstructed roadway, sidewalk, and path for public use during suspension (as required in Section 1 -07.23 or the Special Provisions). This may ' include a temporary road or detour. 1 -09 MEASUREMENT AND PAYMENT ' 1 -09.6 Force Account (October 10, 2008 APWA GSP) ' Supplement this section with the following: The Contracting Agency has estimated and included in the Proposal, dollar amounts for all ' items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of Contractor's total bid. However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will ' correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by Engineer. ' 1 -10 TEMPORARY TRAFFIC CONTROL 1 -10.2 Traffic Control Management ' 1- 10.2(1) General Section 1- 10.2(1) is supplemented with the following: ' (December 1, 2008) 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 Fredericksburg, Virginia 22406 -1022 66th Avenue & Chestnut Avenue Sewer Services 29 Training Dept. Toll Free (877) 642 -4637 Phone: (540) 368 -1701 1 - 10.4 Measurement (August 2, 2004) Section 1- 10.4(2) is supplemented with the following: The bid proposal does not contain the item "Project Temporary Traffic Control," lump sum. The provisions of Section 1- 10.4(2) shall apply. DIVISION 2 ' EARTHWORK 2 -07 WATERING ' 2 -07.3 Construction Requirements Supplement this section with the following: The Contractor shall secure permission from and comply with all requirements of the water utility before obtaining water from fire hydrants. The Contractor shall notify the Engineer as soon as such permission is granted. The Contractor shall use hydrant wrenches only to open hydrants. While using hydrants, the contractor shall make certain that the hydrant valve is fully open in order to prevent damage to the hydrant valve. A metered hydrant connection furnished by the water utility shall be used as an auxiliary valve on the outlet line for control purposes. Fire hydrant valves shall be closed slowly to avoid a surge in the system causing undue pressure on the water lines. The Contractor shall carefully note the importance of following these directions. If a hydrant is damaged due to the Contractor or an employee of the Contractor, the Contractor shall immediately notify the water utility so that the damage can be repaired as quickly as possible. Upon completing the use of the hydrants, the Contractor shall notify the water utility so that the hydrants may be inspected for possible damage. Any damage resulting from the use of the hydrants by the Contractor will be repaired by the water utility, and the cost thereof shall be withheld, if necessary, from the final payment to the Contractor. The Contractor shall furnish all equipment and tools, except the metered hydrant connection, that may be necessary to meet the requirements of the water distribution agency pertaining to hydrant us. Violation of these requirements will result in fines and will lay the Contractor liable for damage suits because of malfunctioning of damaged fire hydrants, in the event of fire. 2 -07.4 Measurement This section is revised to read: 1 66th Avenue & Chestnut Avenue Sewer Services 30 I Water will be measured with the metered hydrant connection. t 2 -07.5 Payment This section is revised to read as follows: ' Water will be furnished by the water utility without charge, but the Contractor shall convey the water from the nearest convenient hydrant or other source at his expense. ' DIVISION 7 DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS AND CONDUITS ' 7 -08 GENERAL PIPE INSTALLATION REQUIREMENTS 7 -08.2 Materials This section is supplemented by adding the following item: ' Crushed Surfacing Top Course (for Trench Backfill) ' 7- 08.3(3) Backfilling This section is supplemented with the following: ' All street - crossing trenches and all other areas as directed by the Engineer, shall be backfilled for the full depth of the trenches with Crushed Surfacing Top Course (for Trench Backfill) ' 7 -08.4 Measurement This section is supplemented by the following: ' Crushed Surfacing Top Course (for Trench Backfill) will be measured by the ton. 7 -08.5 Payment This section is supplemented by adding the following pay item: "Crushed Surfacing Top Course (for Trench Backfill)", per ton. 66th Avenue & Chestnut Avenue Sewer Services 31 DIVISION 8 MISCELLANEOUS CONSTRUCTION 8 -30 REPAIR OR REPLACEMENT (New Section) ' 8 -30.1 Description The work shall consist of repair of any incidental damages to landscaping, fencing, private irrigation, top soil, turf, reconnection or realignment of side services to the new sanitary sewer trunk line, or other miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the Engineer. 8 -30.5 Payment Payment will be made for the following bid items: "Repair or Replacement ", by force account. 111 For the purpose of providing a common proposal for all bidders, and for that purpose only, the City has estimated the force account for "Repair or Replacement ", and has arbitrarily entered the amount for the pay item in the proposal to become a part of the total bid by the Contractor. 1 1 t 66th Avenue & Chestnut Avenue Sewer Services 32 STANDARD PLANS January 3, 2011 ' The State of Washington Standard Plans for Road, Bridge and Municipal Construction M21 -01 transmitted under Publications Transmittal No. PT 09 -013, effective January 3, 2011 is made a t 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 ' CC = 1 Note 6 is revised as follows: Type 1 -_ is replaced with a blank (fill -in) following Type _- I C -1b Note 5 is revised as follows: Type 1 -_ is replaced with a blank (fill -in) following Type _- I C -3, C -3B, C -3C Note 1 is revised as follows: replace reference F -2b with F -10.42 ' CC = 5 Note 1. Attach guardrail to bridge rail or concrete barrier with 7/8" diameter high strength bolts Standard Spec. 9- 06.5(4), with thin slab ferrule inserts or resin bonded anchors. See ' Contract Plans. Is revised as follows: ' Attach guardrail to bridge rail or concrete barrier with 7/8" diameter bolts per Standard Spec. 9- 06.5(4), with thin slab ferrule inserts or resin bonded anchors. See Contract Plans. C -7 ' Note 2. Attach guardrail to bridge rail or concrete barrier with 7/8" diameter high strength bolts (Standard Spec. 9- 06.5(4)), with thin slab ferrule inserts or resin bonded anchors. See Contract Plans. ' Is revised as follows: Attach guardrail to bridge rail or concrete barrier with 7/8" diameter bolts (5 MIN.) ' per Standard Spec. 9- 06.5(4), with thin slab ferrule inserts or resin bonded anchors. See Contract Plans. C -7a Note 1. Attach guardrail to bridge rail or concrete barrier with 7/8" diameter high strength bolts (Standard Spec. 9- 06.5(4)), with thin slab ferrule inserts or resin bonded anchors. See ' Contract Plans. Is revised as follows: Attach guardrail to bridge rail or concrete barrier with 7/8" diameter bolts (5 MIN.) per ' Standard Spec. 9- 06.5(4), with thin slab ferrule inserts or resin bonded anchors. See Contract Plans. C -14a 66th Avenue & Chestnut Avenue Sewer Services 33 SECTION B, callout - 1 PVC CONDUIT (TYP.) is revised to read: 1%" 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.) C20.40 Plan View, Remove (Cases 19A & B -31) (Case 20 -31) (case 21 -31) from the span dimension DD3 Sheet 1, Key Note 1, the term "Low Survivability" is revised to "Moderate Survivability" 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 ' G -24.40 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: STEEL SIGN POST (TYP.) -(See Contract Plans for Post Sizes) ELEVATION, upper center, callout Steel Sign Post- (W6x12 through W10x26-See Contract) is revised to read: Steel Sign Post (Typ.) -(See Contract Plans for Post Sizes) ' Both Elevations, dimension for "post height" should be to the top of the post not the sign 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 -7c , Note 3, reference to J -7d is revised to J -15.15 J -10.10 Sheet 1, Plan Note 11. If the slope is 3H:1V or steeper, special considerations may be necessary for safety reasons. Easier access using a stairway may be used. See Plan Sheet Library RD -15 for details. Coordinate with Maintenance and Project Engineer. , Is revised to read as follows: 66th Avenue & Chestnut Avenue Sewer Services 34 If the slope is 3H:1V or steeper, special considerations may be necessary for safety reasons. Easier access using a stairway may be prudent. Contact WSDOT Bridge and ' Structures office for stairway design. 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 J -20.10 Sheet 2, 2 -Way Mounting Angle Detail, ' Dimension 1.625" is revised to 1.8125" Dimension 2.375" is revised to 2.1875" ' J -21.10 Sheet 1, Detail C, callout 4 -3/4" x 2' -6" Anchor Bolt (Typ.) —ASTM A -307 or F 1554 GR 36 (See Note 4) is revised to 3/4" x 2' -6" Anchor Bolt (Typ. of 4)—ASTM A -307 or F 1554 GR 36 ' (See Note 4) Sheet 2, Detail F, callout 3 -3/4" x 2' -6 "x4" Anchor Bolt (Typ.) —ASTM A -307 or F 1554 GR 36 ' (See Note 4) is revised to 3/4" x 2' -6" Anchor Bolt (Typ. of 3) —ASTM A -307 or F 1554 GR 36 (See Note 4) K -80.30 In the NARROW BASE, END view, the reference to Std. Plan C -8e is revised to Std. Plan K -80.35 1 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. 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 66th Avenue & Chestnut Avenue Sewer Services 35 I The following are the Standard Plan numbers applicable at the time this project was advertised. I 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 I contract. A - 10.10 - 8/07/07 A- 30.35 -00 10/12/07 A- 50.20- 01.......9/22/09 I 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 I 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 I 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 I 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 -00 6/08/06 B- 35.40 -00 6/08/06 B- 82.20 -00 6/01/06 B- 15.20 -00 6/01/06 B- 40.20 -00 6/01/06 B- 85.10 -01 6/10/08 I 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 -01 11/21/06 B- 45.40 -00 6/01/06 B- 85.40 -00 6/08/06 B- 20.40 -02 6/10/08 B- 50.20 -00 6/01/06 B- 85.50 -01 6/10/08 I 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 I B- 30.10 -00 6/08/06 B- 65.20 -00 6/01/06 B- 90.40 -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 -00 6/01/06 B- 70.20 -00 6/01/06 B- 95.20 -01 2/03/09 B- 30.40 -00 6/01/06 B- 70.60 -00 6/01/06 B- 95.40 -00 6/08/06 I 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 I C-lb 6/3/10 C -5 10/14/09 C -14k 2/10/09 C -1 c 5/30/97 C -6 5/30/97 C -15a 7/3/08 C -1 d 10/31/03 C -6a 10/14/09 C -15b 7/3/08 I C -2 1/06/00 C -6c 1/06/00 C -16a 6/3/10 C -2a 6/21/06 C -6d 5/30/97 C -16b 6/3/10 C -2b 6/21/06 C -6f 7/25/97 C- 20.14 -01 10/14/09 C -2c 6/21/06 C -7 10/31/03 C- 20.15 -00 10/14/09 I C -2d 6/21/06 C -7a 10/31/03 C- 20.18 -00 10/14/09 C -2e 6/21/06 C -8 2/10/09 C- 20.19 -00 10/14/09 C -2f 3/14/97 C -8a 7/25/97 C- 20.40 -01 10/14/09 C -2g 7/27/01 C -8b 2/10/09 C- 20.42 -01 10/14/09 I C -2h 3/28/97 C -8e 2/21/07 C- 22.14 -01 6/3/10 C -2i 3/28/97 C -8f 6/30/04 C- 22.16 -01 6/3/10 C -2j 6/12/98 C -10 6/3/10 C- 22.40 -02 6/16/10 I C -2k 7/27/01 C -13 7/3/08 C- 23.60 -01 10/14/09 C -2n 7/27/01 C -13a 7/3/08 C- 25.18 -01 9/20/07 C -2o 7/13/01 C -13b 7/3/08 C- 25.20 -04 10/14/09 C -2p 10/31/03 C -13c 7/3/08 C- 25.22 -03 10/14/09 III C -3 10/04/05 C -14a 7/3/08 C- 25.26 -01 10/14/09 C -3a 10/04/05 C -14b 7/26/02 C- 25.80 -01 7/3/08 C -3b 10/04/05 C -14c 7/3/08 C- 28.40 -00 2/06/07 t 66th Avenue & Chestnut Avenue Sewer Services 36 I I C -3c 6/21/06 C -14d 7/3/08 C- 40.14 -01 6/3/10 C -4b 6/08/06 C -14e 7/3/08 C- 40.16 -01 6/3/10 I C -4b 6/08/06 C -14h 2/10/09 C- 40.18 -01 10/14/09 C- 90.10 -00 7/3/08 I D-2.02-00 11/10/05 0- 2.44 00 11/10/05 D-3.11-00 6/30/04 6/16/10 D- 2.04 -00 11/10/05 0- 2.46 -00 11/10/05 D -3b D-2.06-01 1/06/09 D-2.48-00 11/10/05 D-3c 6/30/04 D- 2.08 -00 11/10/05 0- 2.60 -00 11/10/05 D -4 12/11/98 I 0- 2.10 -00 11/10/05 D- 2.62 -00 11/10/05 D -6 6/19/98 D-2.12-00 11/10/05 D-2.64-01 1/06/09 D- 10.10 -01 12/02/08 D- 2.14 -00 11/10/05 D- 2.66 -00 11/10/05 D- 10.15 -01 12/02/08 0- 2.16 -00 11/10/05 D- 2.68 -00 11/10/05 D- 10.20 -00 7/8/08 I D- 2.18 -00 11/10/05 D- 2.78 -00 11/10/05 D- 10.25 -00 7/8/08 D-2.20-00 11/10/05 0- 2.80 -00 11/10/05 0- 10.30 -00 7/8/08 D- 2.30 -00 11/10/05 0- 2.82 -00 11/10/05 D- 10.35 -00 7/8/08 I D- 2.32 -00 11/10/05 D- 2.84 -00 11/10/05 D- 10.40 -01 12/02/08 D-2.34-01 1/06/09 D-2.86-00 11 /10/05 D- 10.45 -01 12/02/08 0- 2.36 -02 1/06/09 D- 2.88 -00 11/10/05 D- 15.10 -01 12/02/08 D- 2.38 -00 11/10/05 0- 2.92 -00 11/10/05 0- 15.20 -01 1/06/09 I D- 2.40 -00 11/10/05 D -3 6/16/10 D-15.30-01 12/02/08 D- 2.42 -00 11/10/05 D- 3.10 -00 6/16/10 l E -1 2/21/07 E -4 8/27/03 E -2 5/29/98 E 4a 8/27/03 F- 10.12 -01 6/3/10 F- 10.62 -01 9/05/07 F- 40.14 -01 6/3/10 I F- 10.16 -00 12/20/06 F- 10.64 -02 7/3/08 F- 40.15 -01 6/3/10 F-10.40-01 7/3/08 F- 30.10 -01 6/3/10 F- 40.16 -01 6/3/10 F- 10.42 -00 1/23/07 F- 40.12 -01 6/3/10 F- 45.10 -00 6/3/10 I F- 80.10 -01 6/3/10 G- 10.10 -00 9/20/07 G- 24.60 -00 11/08/07 G- 70.20 -00 10/5/07 I G- 20.10 -00 9/20/07 G- 25.10 -01 1/06/09 G- 70.30 -00 10/5/07 G- 22.10 -01 7/3/08 G- 30.10 -00 11/08/07 G-90.10-00.....1/06/09 G- 24.10 -00 11/08/07 G- 50.10 -00 11/08/07 G-90.20-00.....1/06/09 G- 24.20 -00 11/08/07 G- 60.10 -00 8/31/07 G-90.30-00.....1/06/09 I G- 24.30 -00 11/08/07 G- 60.20 -00 8/31/07 G- 90.40 - 01.....10/14/09 G- 24.40 -01 12/02/08 G- 60.30 -00 8/31/07 G- 95.10 -00 11/08/07 G- 24.50 -00 11/08/07 G- 70.10 -00 10/5/07 G- 95.20 -01 7/10/08 G- 95.30 -01 7/10/08 I H- 10.10 -00 7/3/08 H- 32.10 -00 9/20/07 H- 70.10 -00 9/05/07 H- 10.15 -00 7/3/08 H- 60.10 -01 7/3/08 H- 70.20 -00 9/05/07 I H- 30.10 -00 10/12/07 H- 60.20 -01 7/3/08 H- 70.30 -01 11/17/08 1- 10.10 -01 8/11/09 1- 30.40 -00 10/12/07 1- 50.20 -00 8/31/07 I 1- 30.10 -01 8/11/09 1-30.15-00 8/11/09 1-30.50-00 11/14/07 1- 60.10 -00 8/31/07 1- 40.10 -00 9/20/07 1- 60.20 -00 8/31/07 1-30.20-00 9/20/07 1- 40.20 -00 9/20/07 1- 80.10 -01 8/11/09 1- 30.30 -00 9/20/07 1- 50.10 -00 9/20/07 I J -1 f 6/23/00 J -20 9/02/05 J- 28.40 -01 10/14/09 J -3 8/01/97 J- 20.10 -00 10/14/09 J- 28.42 -00 8/07/07 I J -3b 3/04/05 J- 20.15 -00 10/14/09 J- 28.45 -00 8/07/07 I 66th Avenue & Chestnut Avenue Sewer Services 37 I J -3c 6/24/02 J- 20.16 -00 10/14/09 J- 28.50 -01 6/16/10 I J -3d 11/05/03 J- 20.20 -00 10/14/09 J- 28.60 -00 8/07/07 J -7c 6/19/98 J- 20.26 -00 10/14/09 J- 28.70 -00 11/08/07 I J -8a 5/20/04 J- 21.10 -01 6/3/10 J- 40.10- 01......10/14/09 J -8b 5/20/04 J- 21.15 -00 10/14/09 J- 40.30 -01 6/3/10 J -8c 5/20/04 J- 21.16 -00 10/14/09 J- 40.36 -00 6/3/10 J -8d 5/20/04 J- 21.17 -00 10/14/09 J- 40.37 -00 6/3/10 I J -9a 4/24/98 J- 21.20 -00 10/14/09 J- 60.13- 00.......6/16/10 J -10 7/18/97 J- 22.15 -00 10/14/09 J- 60.14- 00......6/16/10 J- 10.10 -00 6/16/10 J- 22.16 -01 6/3/10 J- 75.10 -00 2/10/09 I J -11 b 9/02/05 J- 26.10- 00.....6/16/10 J- 75.20 -00 2/10/09 J -12 2/10/09 J- 26.15- 00.....6/16/10 J- 75.30 -00 2/10/09 J- 15.15- 00......6/16/10 J- 28.10 -00 8/07/07 J- 75.40 -00 10/14/09 J -16b 2/10/09 J- 28.22 -00 8/07/07 J- 75.45 -00 10/14/09 111 J -16c 2/10/09 J- 28.24 -00 8/07/07 J- 90.10 -00 2/10/09 J -18 2/10/09 J- 28.26 -01 12/02/08 J- 90.20 -00 2/10/09 J -19 2/10/09 J- 28.30 -01 10/14/09 I K- 10.20 -01 10/12/07 K- 26.40 -01 10/12/07 K- 40.60 -00 2/15/07 K- 10.40 -00 2/15/07 K- 30.20 -00 2/15/07 K- 40.80 -00 2/15/07 K- 20.20 -01 10/12/07 K- 30.40 -01 10/12/07 K- 55.20 -00 2/15/07 I K- 20.40 -00 2/15/07 K- 32.20 -00 2/15/07 K- 60.20 -02 7/3/08 K- 20.60 -00 2/15/07 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 2/15/07 K- 70.20 -00 2/15/07 111 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 I 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- 40.10 -00 2/21/07 L- 70.10 -01 5/21/08 I L- 20.10 -00 2/07/07 L- 40.15 -00 2/21/07 L- 70.20 -01 5/21/08 L- 30.10 -00 2/07/07 L- 40.20 -00 2/21/07 M- 1.20 -01 1/30/07 M- 7.50 -01 1/30/07 M- 24.60 -02 2/06/07 I M- 1.40 -01 1/30/07 M- 9.50 -01 1/30/07 M- 40.10 -01 6/3/10 M- 1.60 -01 1/30/07 M- 9.60 - 00.......2/10/09 M- 40.20- 00...10/12/07 M- 1.80 -02 8/31/07 M- 11.10 -01 1/30/07 M- 40.30 -00 9/20/07 I M- 2.20 -01 1/30/07 M- 15.10 -01 2/06/07 M- 40.40 -00 9/20/07 M- 2.40 -01 1/30/07 M- 17.10 -02 7/3/08 M- 40.50 -00 9/20/07 M-2.60-01 1/30/07 M-20.10-01 1/30/07 M-40.60-00 9/20/07 I M- 3.10 -02 2/10/09 M- 20.20 -01 1/30/07 M- 60.10 -00 9/05/07 M-3.20-01 1 /30/07 M-20.30-02 10/14/09 M-60.20-01 2/03/09 M- 3.30 -02 2/10/09 M- 20.40 -01 1/30/07 M- 65.10 -01 5/21/08 M- 3.40 -02 2/10/09 M- 20.50 -01 1/30/07 M- 80.10 -00 6/10/08 I M- 3.50 -01 1/30/07 M- 24.20 -01 5/31/06 M- 80.20 -00 6/10/08 M- 5.10 -01 1/30/07 M- 24.40 -01 5/31/06 M- 80.30 -00 6/10/08 I I I 66th Avenue & Chestnut Avenue Sewer Services 38 I I I CONTRACT THIS AGREEMENT, made and entered into in triplicate, this () day of f1.a_y , 2011, by and between the City of I Yakima, hereinafter called the Owner, and T T. c _ Co , c-Frw;)tt„�, /„ L. 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 I 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: $ L i0, 06 .6 D , for 66th Ave & Chestnut Ave Sewer Services Project, City No. 2234 - 11, 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. I Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Ten (10) 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 eleventh (11th) working day after the date on which the City issues the Notice to Proceed. I 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. I 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. I 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 I 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 I officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non - performance of the services, duties and obligations required of it under this Agreement. I IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby a gree 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, I 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. I Countersigned: CITY OF YAKIMA CONTRACTOR this % day of June 2011. 'r +a* C • -k_ tf. ____ . Corporation Contra.. By: /..,zi/ ��II� i S� �%/ City M. - ?•er Attest: 3- V _ y — 'T I 1 ` ) _ .jtge • i / r (Print Name) yP t q Its: J ;vti u1 M Cke..L. x.�'1T I (President, Owner, etc.) i * SEAL ; Addre 0, C3 , � 7(. ': l o t 1 .... „woo ... I \ lag :Ar\r‘ex._. 1 LOA C R : 1M 'h jg gSHiSO = „.. I 66th Avenue & Chestnut Avenue Sewer Services 39 05/18/2011 15:09 FAX 509 457 2945 TTC Construction a 0003/0003 PERFORMANCE BOND Bond No. BDA718207 I BOND TO CITY OF YAKIMA I KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, TTC Construction, LLC a Washington AMCO Insurance Company . : as Principal and a . I ,. corporationsfTanfzed and existing under the laws of the State of T _ _Iowa as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surely, are jointly_ nd severally held and firmly bound to the CITY OF YAKIMA in the penal sum of $ 40,676 : 60 for the payment of which sum I on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This.bbllgation 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 17 tbay of May , 2011, ll Never-the-less, the conditions of the above obligations are such that: WHEREAS, pursuant to action taken by the Yakima City Council on Nay 17 , 201 , the City Manager and City Clerk of the CITY OF YAKIMA has let or is about to let to the said TTC Cnnstritrtinn. TAT ', ,the above bounded Principal, a certain contract, the said contract being numbered 3 and providing for II th Avenue &Chestnut Avenue Sewer (which contract is referred to herein and Is made a part hereof as though attached hereto), ,ervice Improv,ettents, City Project No. 2234 -11 I WHEREAS, the s aid Principal has accepted, or is about to accept, the said contract, and undertake to perform the work therein provided for in • the manner arid within the time set forth; NOW THEREFORE, if the said TTC Construction, LLC _ 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 I 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 I CITY OF YAKIMA, its employees, agents, and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified In said contract or from defects developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. TTC Construction, LLC I (Contractor) By. It_ , "L:.' I I Approved as t. o , Its: ) • ". (Presiden owner, etc...) I ( ; �ifor „ey ` iI 0 In a ce Company ia � I By • �� l ... i Heath- A derson (Print Name) it: Attorney -in -Fact I 1 66th Avenue & Chestnut Avenue Sevier Services 41 I I Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: I Nationwide Mutual Insurance Company, an Ohio corporation AMCO Insurance Company, an Iowa corporation Farmland Mutual Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: I GEORGE C. SCHROEDER H. KEITH MCNALLY CHRIS LARSON KATHY GURLEY HEATHER ANDERSON W. W. WELLER 1 ERIN L. REPP DIANA R. WILLIAMS SPOKANE WA each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of I ONE MILLION AND NO /100 DOLLARS $1,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: I "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted I hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." I This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, I contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 23 day of February,2011. $ SEA ►, :" 4 1 4 `1 ° , + +► I � 4.: c0RPanoE Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company 0 •SEAL'. 0 and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, •. • " a F fyp4 � s '� AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance s , d ! '4 %. & ■ Company ' 1 • Jy ,�lI�E54 q* � O \ , ACKNOWLEDGMENT 14 WORM' �° �'' «`' rM ��; "` : 1 A STATE OF IOWA, COUNTY OF POLK: ss ` CC pp O E. CORf9 A : On this 23 d of February 2011, before me came the above -named officer for the Companies aforesaid, to S I." A l I.: S — or" Y ry p .4 b ,� wi «� r`e 0 � F f � ol � � . egi me personally known to be the officer described in and who executed the preceding instrument, and he I r ,,, 4 a o o,. 4 , 0t acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the itatelir officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, +� x and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the AR. ,% authority and direction of said Companies. ' tn i «SEAL' .� � f ;« tu na ttota nSeal C %� ,M MI MOMS Cn nMN�UOw 1wn+4x, 15= 1- , 0M• , � '`•• r/ o rt< My Comm.!. Ex*. Ata. Z4 3V13 Notary Public N ��R . r My Commission Expires CERTIFICATE March 24, 2014 I I, Kathy R. Richards, Assistant Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power of attorney is still in full force and effect. 17th IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seals of said Companies this day of May 20 11 . --*6 G? ile: 0 I Assistant Secretary This Power of Attorney Expires 06/29/14 I I BDJ 1 (02 -11) 20570 TTC04970 ,ac oRDO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYI� 5/24/2011 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE' COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. I IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Al Freisz- Steward Commercial Lines - (509) 248 -7460 NAME: t micNN . Ext): (509) 853 -4224 FAX Ne): (509) 248 9007 Wells Fargo Insurance Services USA, Inc. - CA Lic #: OD08408 EMAIL 1430 North 16th Avenue, Building H ADDRESS. INSURER(S) AFFORDING COVERAGE NAIC # Yakima, WA 98902 -1381 INSURER A : North Pacific Insurance Co 23892 I INSURE D TTC Construction, LLC INSURER B : PO Box 365 INSURER C : INSURER D : I Yakima, WA 98907 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: 2776534 REVISION NUMBER: See below I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMBS LTR INSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) I GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X C08174417 10/18/2010 10/18/2011 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY 100,000 PREMISES (Ea occurrence) $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 I PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 7 POLICY X 7E8-f. LOC $ I A AUTOMOBILE LIABIUTY 008174417 10/18/2010 10/18/2011 COMa accident) BINED SINGLE LIMIT 1,000,000 (E X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON -OWNED PROPERTY DAMAGE $ I HIRED AUTOS AUTOS (Per accident) A X UMBRELLA UAB X OCCUR C08174417 10/18/2010 10/18/2011 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 1,000,000 I DED RETENTION $ $ WC STATU- EMPLOYERS' ABIILITY Y / N C08174417 10/18/2010 10/18/2011 TORY I ITS x 0 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? I N / A Stop Gap EL Only 1 (Mandatory in NH) E L DISEASE - EA EMPLOYEE $ 1.000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) I RE: Contract No. 2234 -11 - 66th Avenue & Chestnut Avenue Sewer Service Improvements The City of Yakima, their agents, employees, and elected and appointed officials are named additional insured when required by written contract. I I CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Yakima THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 129 N. 2nd Street ACCORDANCE WITH THE POLICY PROVISIONS. Yakima, WA 98901 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD © 1988 ACORD CORPORATION. All rights reserved. I ACORD 25 (2010/05) (This certificate replaces certificate/ 2737794 issued on 5/122011) COMMERCIAL GENERAL UABILITY ' CG 8584 06 05 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ' ADDITIONAL INSURED CONTRACTORS PRODUCTS - COMPLETED OPERATIONS ' This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Persons) or Organization(s): ' City of Yakima 129 N. 2nd Street Yakima, WA 98901 Location And Description of Completed Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ' A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule whom you have agreed to add as an additional insured in a written contract or written agreement for damages caused by 'your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- ' completed operation hazard. B. The following additional provisions apply to the additional insured: ' 1. When the named insured is required to add an additional insured on this policy under a written contract or written agreement; the written contract or written agreement must be: ' a. Currently in effect or becoming effective during the term of this policy; b. Executed prior to the "bodily Injury,' or "property damage'; and c. Between a named insured and the additional insured ' 2. That person or organization is an additional insured only for liability arising out of the named insured's negligence specifically resulting from 'your work° for the additional insured which is the subject of the written contract or written agreement. No coverage applies for any liability due to negligence attributable to any person or entity other than the Named Insured. 1 ' CG 8584 06 05 Includes Copyrighted Material of ISO Properties, Mo., with its permission. Page 1 of 2 esssoo ORIGINAL 11/03/10 1 3. The Limits of Insurance applicable to the additional insured are the lesser of: ' a. Those specified in the written contract or written agreement, or b. Those shown In the Declarations of this policy and defined in Section HI - Limits Of Insurance. These Limits of Insurance are inclusive of, and not in addition to, the Limits Of Insurance shown in the Declarations and defined in Section III - Limits Of Insurance. 4. The coverage provided by this endorsement does not apply beyond the earlier of the following: ' a. The period of time required by the written contract or written agreement; or b. The expiration or termination date of this policy. 5. The insurance provided to the additional insured does not apply to: ' °Bodily injury," property damage' or arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: ' a. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. ' 6. We have no duty to defend or indemnify an additional insured under this endorsement: a. For any liability due to negligence attributable to any person or entity other than the Named Insured. ' b. For any loss which occurs prior to our named insured commencing operations at the location of the loss. c. Until we receive written notice of a claim or "suit' from the additional insured as required in Section IV — Conditions, Duties In The Event Of Occurrence, Offense Claim Or Suit. C. Section IV - Conditions are amended as follows: 1. The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit: An additional Insured under this endorsement must comply with all provisions of this section. 2. As respects the coverage provided under this endorsement, Paragraph 4.b., Other Insurance is deleted and replaced by 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 the written contract or agreement ' described in A. above specifically requires that this insurance be provided on either a primary basis or a primary and noncontributory basis. 1 1 ' CG 8684 06 05 Includes Copyrighted Material of ISO Properties, Inc., rah its permission. Page 2 of 2 5 657 00 I I IL 01 46 09 07 WASHINGTON COMMON POLICY CONDITIONS 1 All Coverage Parts included in this policy are subject to the following conditions. I The conditions in this endorsement replace any simi- d. Because of its physical condition, a vaca- tar conditions in the policy that are less favorable to Uon or demolition order has been issued for the insured, the structure, or it has been declared un- ' A. Cancellation safe in accordance with applicable law; 1. The first Named Insured shown in the Declare- e. Fixed and salvageable Items have been Lions may cancel this policy by mailing or deity- removed from the structure, indicating an ering to us advance written notice of cancans- intent to vacate the structure; ' fin, f. Without reasonable explanation, heat, we- Z. We may cancel this policy by mailing or dally- ter, sewer, and electricity are not furnished eying to the first Named Insured and the first tartly structure for 60 consecutive days; or Named Insured's agent or broker written notice g. The structure Is not maintained In substan- ' of cancellation, Including the actual mason for compliance with fire, safety and building the cancellation, to the last mailing address codes. known to us, at least: 4, if a. 10 days before the effective date of cancel- a. You are an individual; I lotion if we cancel for nonpayment of pre - b. A covered auto you own Is of the "private b. 45 days before the effective date of cancer passenger type'; and lation if we cancel for any other reason; C. The policy does not cover garage, automo. ' except as provided in Paragraphs 3. and 4, be- bile sales agency, repair shop, service sta- tion or public parking place operations haz low. ards; 3. We may cancel the Commercial Property Coy- we may cancel the Commercial Automobile I erage Part and the Capital Assets Program Coverage Part by mailing or delivering to the (Output Policy) Coverage Part, if made a part firer Named Insured and the first Named lo- of this policy, by mailing or delivering to the first sured's agent or broker written notice of can- Named Insured and the first Named Insured's collation, including the actual reason for can- agent or broker written notice of cancellation at cellation, to the last mailing address known to I least 5 days before the effective date of cancel- us: for any structure where 2 or more of the following conditions exist: a. At least 10 days before the effective date of cancellation if we cancel for nonpayment of a. Without reasonable explanation, the struc- premium; or I lure Is unoccupied for more than 60 con- b. At least 10 days before the effective date of secutive days, or at least 65% of the rental units are unoccupied for more than 120 cancellation for any other reason ii the poi- consecutive days unless the structure is icy Is in effect less than 30 days; or I maintained for seasonal occupancy or is C. At least 20 days before the effective date of under construction or repair, cancellation for other than nonpayment if b. Without reasonable explanation, progress the policy Is in effect 30 days or more; or toward completion of permanent repairs to d. At least 20 days before the effective date of I the structure has not occurred within 60 cancellation If the policy is In effect for 60 days alter receipt of funds following sells- days or more or is a renewal or continuation factory adjustment or adjudication of loss policy, and the reason for cancellation Is resulting from a fire; that your drivers license or that of any I c. Because of Its physical condition, the struc- drive who customarily uses a covered lure is In danger of collapse; "auto has been suspended or revoked dur- ing policy period. I I IL 01 48 09 07 7r) ISO Properties, Inc., 2008 Page 1 of 3 0 lim a 0 I I I 5. We will also mall or deliver to any mortgage B. Changes holder, pledgee or other person shown in this The policy contains all the agreements between policy to have an interest in any loss which you and us concerning the insurance afforded. I may occur under this policy, at their last mall- The first Named Insured shown In the Declarations ing address known to us, written notice of can- Is authorized to make changes In the terms of this collation, prior to the effective data of canoella- policy with our consent. This policy's terms can be tlon. If cancellation is for reasons other than amended or waived only by endorsement Issued those contained In Paragraph A.3. above, this by us and made a part of this policy. I notice will be the same as that mailed or deliv- C. Examination Of Your Books And Records ered to the first Named Insured. If cancellation is for a reason contained in Paragraph A.3. We may examine and audit your books and re- above, we will mail or deliver this notice at cords as they relate to this policy at any time dur- ' least 20 days prior to the effective date of can- ing the policy period and up to three years after - cellation. ward. 6. Notice of cancellation will state the effective D. Inspection And Surveys date of cancellation. The policy period will end 1. We have the right to: I on that date. 7. If this policy is cancelled, we will send the rust a. Make Inspections and surveys at any time; Named Insured any premium refund due. If we b. Give you reports on the conditions we find; cancel, the refund will be pro rata. If the first and I Named Insured cancels, the refund will be at c. Recommend changes. 2 least 90% of the pro refs refund unless the fol- 2. We are not obligated to make any inspections, lowing applies: surveys, reports or recommendations and any a. For Division Two — Equipment Breakdown, such actions we do undertake relate only to In- I if the first Named Insured cancels, the re- surebility and the premiums to be charged. We fund w81 be at least 75% of the pro rate re- do not make safety inspections. We do not un- fund. dertake to perform the duty of any person or b. if: organization to provide for the health or safety I (1) You are an individual; of workers or the public. And we do not warrant that cond tions: (2) A covered auto you own Is of the "pd- a, Are safe or healthful; or vale passenger type'; (3) The policy does not cover garage, b. Comply with laws, regulations, codes or I automobile sales agency, repair shop, standards. service station or public parking place 3. Paragraphs 1. and 2, of this condition apply not operations hazards; and only to us, but also to any rating, advisory, rate (4) The first Named Insured cancels; ' service or similar organization which makes in- =fence Inspections, surveys. reports or reo- the refund will be not less than 90% of any ommendations. unearned portion not exceeding $100. plus 4. Paragraph 2. of this condition does not apply to 95% of any unearned portion over $100 but any inspections, surveys, reports or recom- not exceeding $500, and not less than 9796 ' mendations we may make relative to cerUdae- of any unearned portion In excess of $500. lion, under state or munldpal statutes, ordi- The cancellation will be effective even If we nances or regulations, of boilers, pressure have not made or offered a refund. vessels or elevators. ' 8. If notice is mailed, proof of mailing will be suffi- cient proof of notice. I I I Page 2 of 3 r ISO Properties, Inc., 2006 IL 01 48 09 07 ❑ I I195oa I I I E. Premiums b. Other coverage acceptable to the insured The first Named Insured shown In the Declare- has been procured prior to the expiration lions: date of the policy; or II. Is responsible for the payment of all premiums; and c. The policy clearly states that it is not re- newable, and Is for a specific Ilne, subclas- sification, or type of coverage that is not of- 2. Will be the payee for any return premiums we feted on a renewable basis. Pay. 2. If: I F. Transfer Of Your Rights And Duties Under This Policy a. You are an individual; Your rights and duties under this policy may not be b. A covered auto you own Is of the "private transferred without our written consent except In passenger type "; and I the case of death of an individual named insured. c. The policy does not cover garage, eutomo- it you die, your rights and duties will be transferred bile sales agency, repair shop, service sta- to your legal representative but only while acting lion or public parking place operations haz within the scope of duties as your legal represen- ands; ' tative. Until your legal representative is appointed, the following applies to nonrenewal of the anyone having proper temporary custody of your Commercial Automobile Coverage Part in property will have your rights and duties but only place of 0.1.: with respect to that property. a. We may elect not to renew or continue this I O. Nonrenewal policy by mailing or delivering to you end 1. We may elect not to renew this policy by mall- your agent or broker written notice at least ing or delivering written notice of nonrenewal, 20 days before the end of the policy period stating the reasons for nonrenewal, to the first including the actual reason for nonrenewal. I Named Insured and the first Named Insured's If the policy period is more than one year, agent or broker, at their last mailing addresses we will have the right not to renew or con - known to us. We will also malt to any mortgage time it only at an anniversary of its original holder, pledgee or other person shown in this effective date. If we offer to renew or con- I policy to have an Interest in any loss which may occur under this policy, at their last mall- tinua and you do not accept, this policy will terminate at the end of the current policy irk address known to us, written notice of non - period. Failure to pay the required renewal renewal. We will mall or deliver these notices or continuation premium when due shall I at least 45 days before the: a. Expiration of the policy or mean that you have not accepted our offer. b. We will not refuse to renew Liability Cover- age or Collision Coverage solely because b. Anniversary date of this policy if this policy an "insured" has submitted claims under has been written for a term of more than Comprehensive Coverage or Towing and I one year. Labor Coverage. c Otherwise, we will renew this policy unless: c. If we fail to mall or deliver proper notice of a. The first Named Insured falls to pay the nonrenewal and you obtain other insurance renewal premium after we have expressed this policy will end on the effective date of I our willingness to renew, including a state - that Insurance. ment of the renewal premium, to the first Named Insured and the first Named In- sured's insurance agent or broker, at least I 20 days before the expiration date; I I I I mere IL 01 46 09 07 0 ISO Properties. Inc., 2006 Page 3 of 3 0 I I PROPOSAL To the City Clerk Yakima, Washington This certifies that the undersigned has examined the location of: ' CITY OF YAKIMA 66th Avenue & Chestnut Avenue Sewer Services City Project No. 2234 -11 ' 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. 66th Avenue & Chestnut Avenue Sewer Services 49 ITEM PROPOSAL QUOTE SHEET 66th Avenue & Chestnut Avenue Sewer Services City Project No. 2234 -11 ITEM PROPOSAL ITEM or( UNIT UNIT PRICE AMOUNT NO. ITEM PAYMENT SECTION DOLLARS DOLLARS 1 SPCC PLAN 1 LS 1 -07.15 MOBILIZATION 2 1 LS 1 -09.7 3 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS 1 -10.5 4 SAW CUT, PER INCH DEPTH 675 LF 2 -02.5 5 STRUCTURE EXCAVATION CLASS B, INCL. HAUL 100 CY 2 -09.5 6 CRUSHED SURFACING TOP COURSE (FOR TRENCH BACKFILL) 600 TON 4 -046.5 PAVEMENT REPAIR 7 90 SY 5 -04.5 8 SHORING OR EXTRA EXCAVATION CLASS B 350 LF 7 -08.5 9 PVC SANITARY SEWER PIPE, 4 INCH DIAM. 350 LF 7 -17.5 10 PVC SANITARY SEWER PIPE, 6 INCH DIAM. 50 LF 7 -17.5 11 REPAIR OR REPLACEMENT 1 FA $5,000.00 $5,000.00 8 -30.5 Tax (8.2 %) PROJECT TOTAL: t 1 66th Avenue & Chestnut Avenue Sewer Services 51 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, , as principal, and , as Surety, are held and firmly bound unto the City of Yakima, as Obligee, in the penal sum of Dollars, for the ' payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. ' The condition of this obligation is such that if the Obligee shall make any award to the Principal for , according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a ' contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit ' specified in the call for quote, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF , 20 Principal Surety ' , 20 Received return of deposit in the sum of $ 1 66th Avenue & Chestnut Avenue Sewer Services 53 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." I 66th Avenue & Chestnut Avenue Sewer Services 54 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, , as principal, and , as Surety, are held and firmly bound unto the City of ' Yakima, as Obligee, in the penal sum of Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for , according to the terms of ' the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for quote, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF , 20 1 Principal Surety ' , 20 Received return of deposit in the sum of $ 1 66th Avenue & Chestnut Avenue Sewer Services 53 1 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." 1 1 1 66th Avenue & Chestnut Avenue Sewer Services 54 I I I I I MEE OETAL R96 FOR TRENCH PATCHING I r PAYAIENTLJNB im I FOR PPE ND S 16 INDIES A LMlER .. f LC. { NUMB M (N I NATIVE MATERIAL SHALL BE LINED FOR i BAONFEL UMBee CTIERIMBEDIREQTEED BY TIE EPENBEE : "440- a l ic ILT) las. r o ‘ 4 MGM eunma TOP flOJ S M AU. BB I 1,1 LI= FOR MONO MATERIAL LM.EBS � OT 1BNINBE DIRECTED BY TIE BOWER. I ‘elts. g I ,, ,m , (t`'1 � LII IJTABLE FOLEFOUNDATION W.T AL%SFIALLBE REPLACED.W 1111 GRAVEL BACIPILL FOR SUITABLE EJ1RTH FXLBMATINI POMIB7iATIOMN CLAM !L ! N I I I I : ,ehlri. City Of Yakima City of Yaldme - Standard Dalell 4" . Engineering Division I s. I ' ' in flab m,5..61 TYPICAL TRENCH SECTION 0.010 I 66th Avenue & Chestnut Avenue Sewer Services 55 I I I WOMB 1. WOE O MER COMMONS NEW SONTARY OMER IMO OAP& I BE IiMOE TOTFI TEM Mime AD DIRECTED. ALL COl1�IEIGIIO O TO wllrrARr 711E Swag A1110 moo e7NEA wag SOMME NICEw1711�ID i E MICR l6MER 1LAir TOW =RIM AMP IlIA&11DIIN1 RROI171Nd IIN&Ll WINE CRY EIIINEER PRIOR 10ME. i � WERE � 10) a E DEPRH 161 NEW ICB IILL � ITTO OiNCTION OR MY" & ALL SIM IMP1R1LMAT1RYLO MOLL NEPVC EWER PPE TEE•AMYECIND) DDIFURI OiMTD ill EREOINIIGMGMIYOF MGT= ? - 182GFTF I i A A 4 . l E R N N w & T C NM Sella A T . .- LSE MR= mom= 011!13TED MYTH! EIINSMeMIOROTHIMMIIE OM RAMS. 1 j • \ a NEMItJ O61.CMARA i , 7, p 9A. PIPE •t 1RR a ii�C FLL ,NITI TM Miff GMAT SFYILL:I>G VIM BMW, BUPA CINGI 1CP =ME FULL DEP111 NJ DF@C1 1 @TTI-E i WYEVIB I EQL� =M EL = T. NCKPLOM1 PRPORPITE R MLI■® ON OIL CIONN 1ITICRIS I 0 PLAN YEW I MP SI RESAM dlUlD N'-1P NDI! _._ MA 1111:1PE - IRE SIMEMVrs1aal ,m 6 I { , IN ARM TOPE 11 O!> 67RLN]TQI J TEE- rE I IN T1aBAAEA, !E1IE` OR4 S' RIMS �- --r O OEIEOTA9LE 1N110®i TAME At RAJ IRED / SSE - NE NOM _ b L E110111 OF OWE OMER s - OE . CONNECTION AT OBSTRUCTION MO CRCAP r AO RECAA1 I ' r._ ' SECTION AA -- 1 III: I I I ; 7 •70 . City Of Yakima a y of Yaldma - Standard Detail :: `0' `} Enginaeri ng Divisio �: . 7 SIDE SEWER CONNECTION S5 I ., 1118 FeN11 &WO Mae IBF'TU SCALE RIIMMOM Yit�,M■ti�n 06.2010 I 66th Avenue & Chestnut Avenue Sewer Services 57 I I E1007P40 PASAN T - DWt11 WRNS APPLY�18 5A T4 wt. TFI E 'mom! lT� AITPMIILT OONCalTE 11j APPLYCOO•1 10 EDGED CF REPAIR SECTION AND 1O LSD DACE OF COMmE1E, F OY9LLATEIl I in IMICAW ON 1 a , / Iiii OPTION NC AT NO ACCITEONAL COST TO TEE I — CITY CF YAIOr1A HI�Y4CL 1El' PO 14 a 1bT1N IE DEPTH CP T9CSTPIC AEFfMLT. OM I. (COIIFACf ED D0 b 2 ECM LFI1) —0N CEBC (K;OACTED DEPITT) I ASPHALT CONCRETE SURFACING I EXPI 1NO SURFACE • DQ'IM vIAI 48Itid1EL SWAGE PA1GiLINTS 12 INCEA4TIQM 12 12 I III MAI Mil is I e.., ilr &MOM SPICK SLOPE AT OCI'f TAE TOILa OPTION NC AT NO ADOf I1 ONAL COOT TO TEE WV OF YAIQ•IA OAT CRTC 1001 PACTIO WPM) I GRAVEL SURFACING r LlN0Ii1FAOED AMA arm �.•, 1D I MR IIII MI VEN ••.a•. • «••trt •rt••rt .`r:. 4 a a 4. 4 + ♦ 4 + + + ♦ a { + + • • ♦ • • ♦ • ♦ • • • • rt • • rt af I &TERME SACK '! AT CCRIT A4POIN f ' ' ' OPTION MOAT 1iCPADOI fCNM. OOUTO TIE CITY CY MONk ! 121 4. CCOIFACTED CEPTEIj I{AT IVE IIIITBIRL FREE FROM ROCKS OVER 2 I MK $&DRE N a1OOFtE 1 1114II RIMMED IRMO Inman MK UNSURFACED AREAS' NOTES I 1. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL SURFACE RESTORATION INCLUDING WIDER REPAIR SECTIONS RIMMING FROM ALTERNATE BACK SLOPE AT TRENCH SIDE&. . 2. CONTRACTOR SHALL BE AWARE T1 T -7O.TEXTILE- FABRIC MAYBE REQURED I BY THE ENGINEER IN CERTAJNAPPLICATICIIII$. r t, *,' ; City Of Yakima C i t y o f Yak ima - Standard Detail ail _ :' Erig m aMefing Division r. I > . � TYPICAL SURFACING R7 '. ,��. 1110 Norh Sunni Mail Yam Wmtiraorl PLUTO SCALE ROOM 11,E r 66th Avenue & Chestnut Avenue Sewer Services 59 a p i� DEPARTMENT OF C'OMMLI \'ITf':tr \'D ECONOMIC DEVELOPMENT � ' \ s \ {{ r ,., 129 North SecnnclSbect Yttkinra,jictcTtirrgton 98901 b ta`1 Phone (509) 575 -6113 • Fax (509) 576 -6792 "'-.' ' Michael Morales, Director • May 17, 2011 TTC Construction 12871 Summitview Road Yakima, WA 98908 ATTN: A J Heckart Project: 66th Avenue & Chestnut Avenue — Sewer Service Improvements City of Yakima No. 2234 -11 Dear Mr. Heckart: The City Manager of the City of Yakima has authorized award of the above referenced project to your company on the basis of your low bid submitted on May 10, 2011, in the amount of $40,676.60. 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 use. Also enclosed are three copies of the Contract and 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. Your attention is directed to Section 1 -07.18 Public Liability and Property Damage Insurance (APWA GSP) of the Construction Contract Specifications for coverage limits, additional insurance requirements and special ACORD form wording. We have also included a liability checklist for you 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, (509) 575 -6138, within ten (10) days of this date, to schedule a pre- construction conference and discuss various forms and documentation that must be completed and turned in to him at that Conference. The Notice to Proceed will also be discussed at the Pre - construction Conference. For your information, we are enclosing a copy of the bid summary for this project. Sincerely, D,...A, .,,\-, °J Douglas Mayo, P.E., City Engineer cc: Bruce Floyd, Construction Supervisor Susie Cutter, Contract Specialist :City Clerk File Yakima Tow, Code Administration 575 -6121 • Engineering 575 -6111 • Nei ghborl nd Services 575 -6101 • Planning 575-6183 Page 1 of 2 j 3O 72, Change Order P >' City of Yakima Change Order Number 1 Project: (Name) 66th Avenue and Chestnut Avenue Change Order Date July 15, 2011 (Address) Sewer Service Contract Number 2234 -11 To: (Contractor) TTC Construction, LLC 7 P.O. Box 365 Contract Date June 20, 2011 Yakima, WA. 98907 L_ I You are directed to make the following changes in this Contract: The existing Nob Hill Water Main was buried two feet deeper (6' depth) than anticipated. In order to keep the required 18 inches of vertical separation between the water main and side sewer service, the side sewer services will have to be installed deeper. This additional depth will result in an estimated additional 248 cubic yards of the item, "Structure Excavation Cl. B Incl. Haul." Add Item #5A "Additional Structure Excavation Cl. B Incl. Haul ": (248 CY at $39.58/CY) 248 CY X $39.58/CY = $9,815.84 + $804.90 (sales tax) = $10,620.74 The roadway (BST double shot) fell apart during excavation for side sewer installation. Instead of patching, it will be required to pave the east half of the road. This work will result in an additional 100 square yards of the item, "Pavement Repair." Add Item #7A "Additional Pavement Repair ": (100 SY @ $57.03/SY) 100 SY X $57.03/SY = $5,703.00 + $467.65 (sales tax) = $6,170.65 This is to be considered as much a part of the contract documents as if it was included in the original con- tract. Not valid until signed by both the Approving Authority and Contractor. Signature of the Contractor indicated agreement herewith, including any adjustment on the Contract Sum or Contract Time. The original Contract Sum was $ 40,676.60 Net change by previous Change Orders $ 0.00 The Contract Sum prior to this Change Order $ 40,676.60 The Contract Sum will be: tl Increased ❑ Decreased ❑ Unchanged by this Change Order $ 16,791.39 The New Contract Sum including this Change Order will be $ 57,467.99 The Contract Time will be: ❑ Increased ❑ Decreased r4 Unchanged by 0 working days The New Contract Time will be 10 working days Contractor Ap v al m ded Ap ro ed By 4,44 By7 -Construction Supervisor By � /% " — o Title 1/r Date ( // Title City Manager Date / B `' City Engineer Date ! /`-' ��� Based on original to: ❑ Contractor Copies to: ❑ Region ❑ Construction Administrator DOT Form 570 -001 EF ❑ OSC Accounting ❑ City Engineering