Loading...
HomeMy WebLinkAboutR-2006-087 Heritage Trails Yak YVT 3 Bridge Restoration Agreement with Long Painting Co.cw.il ckek I-Tf' City of Yakima Engineering Division Heritage Trails Yak YVT 3 Bridge Restoration Federal Aid No.: STPE-1485(021) City Project No. 2167 Construction Contract Specifications & Bid Documents 129 North Second Street Yakima, WA 98901 June 2009 Phone (509) 575-6111 Fax (509) 576-6305 i p4 % OF '(-,V- tF r,L T 4 tip Fc i'LL la?Y€ K. t,00ic. P_)LI'eczor t rzgise ri :�` Di✓i.ii'oz � 129 North Second Street Yakima, Washington 98901 Phone: (509) 575-6111 e Fax (509) 576-6365 Tuesday, July 14, 2009 Long Painting Company 21414 — 68th Ave South Kent, WA 98032 Re' Heritage Trails — Yak YVT3 Bridge Restoration City Project No 2167 To Whom It May Concern: The City Manager of the City of Yakima has authorized an award of the contract for the above referenced project to your company on the basis of your low bid submitted on July 10, 2009 in the amount of $246,750 00 This letter is official notification of the award of the contract to your company by the City of Yakima Enclosed is one set of the specifications, proposal and contract documents for your information. Also enclosed are three copies of the contract and a performance bond form Please sign and return all copies of the contract form to this office, along with the fully executed performance bond and certificate of insurance, within ten (10) calendar days 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 Certificate 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, Construction Supervisor, of our office within ten (10) days of this date to schedule a pre -construction conference, and to discuss various forms and documentation that must be completed and turned into him at the Pre -construction Conference. The Notice to Proceed will also be discussed at the Pre -construction Conference Bruce's office phone is 575-6138 For your information, we are enclosing a copy of the bid summary for this project. Sincerely, Douglas yo, P E City Engineer encl cc: Bruce Floyd, Construction Supervisor Brett Sheffield, Project Engineer Susie Lorrance, Contract Specialist City Clerk Debbie Baldoz, Finance File Ya cirT a !, km.ix L? 1994 City Of Yakima Heritage Trails YAK YVT 3 Bridge Restoration City Project No. 2167 Federal Aid No.: STPE-1485(021) CONTENTS CITY OF YAKIMA Heritage Trails YAK YVT 3 Bridge Restoration City Project No. 2167 Federal Aid No.: STPE-1485(021) SECTION PAGE INVITATION TO BID 5 STANDARD SPECIFICATIONS Standard Specifications. 7 Amendments to the 2006 Standard Specifications 7 CONTRACT PROVISIONS General Special Provisions 23 Project Description 24 1-01 Definitions and Terms. ....... 24 1-02 Bid Procedures and Conditions 26 1-03 Award and Execution of Contract 31 1-04 Scope of Work 32 1-05 Control of Work 33 1-06 Control of Material. 36 1-07 Legal Relations and Responsibilities to the Public ............. 37 1-08 Prosecution and Progress .. 73 1-09 Measurement and Payment 76 2-02 Removal of Structures and Obstructions 78 2-07 Watering 80 6-07 Painting 81 8-01 Erosion Control and Water Pollution Control 103 STANDARD PLANS.. .. . .. .... . ............... 109 Exhibit "C-1" Agreement between BNSF Railway Co. and the Contractor . 117 Required Contract Provisions Federal Aid Construction Contracts.......... 123 Contract Form 125 Performance Bond Form .... 127 Informational Certificate of Insurance ..... ... 129 Informational Additional Insured Endorsement 131 Minimum Wage Affidavit Form 133 PREVAILING WAGE RATES Prevailing Wage Rates (State Wage Rates attached as Supplements) 135 PROPOSAL Proposal Form 137 Item Proposal Bid Sheet 139 Bid Bond Form 141 Non -Collusion Declaration 143 Certification of Federal Aid Contracts . 145 Non -Discrimination Provision . .. 147 Subcontractor List 149 Women and Minority Business Enterprise Policy . .................. 151 Council Resolution 153 Affirmative Action Plan 155 Bidders Certification ...................... .... .......................... 157 3 Contractor and Subcontractor of Lower Tier Subcontractor Certification for Federal -Aid Projects..... . 159 Materially and Responsiveness 161 Proposal Signature Sheet . 163 Bidders Check List .... 165 PLANS & DETAILS Project Details Standard Details Traffic Control Plan Construction Plans 4 INVITATION TO BID NOTICE IS HEREBY GIVEN that sealed bids will be received by the City Clerk of the City of Yakima, 129 North 2nd Street, Yakima, Washington, 98901 until 2:00 pm on July 10, 2009 and will then and there be opened and publicly read for the construction of CITY OF YAKIMA Heritage Trails YAK YVT 3 Bridge Restoration City Project No. 2167 Federal Aid No. STPE-1485(021) This project consists of furnishing all labor, materials and equipment to clean and paint all of the metal surfaces of the Yakima Valley Transit Company Trolley Line Bridge over the Naches River (Bridge No. YAK YVT 3). The steel truss bridge is approximately 322 feet in length and contains approximately 120 tons of steel. All work is to be in accordance with the plans and specifications as prepared by the chief engineer of the city of Yakima. All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier's check or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Yakima. Plans and specifications may be obtained at the Office of the City Engineer located at 129 North 2nd Street upon payment of the amount of $5.00 for each set, non refundable. Informational copies of maps, plans, and specifications are on file for inspection in the Office of the City Engineer of Yakima in Yakima, Washington, and at Plan Centers in Yakima and Kennewick, Washington. The City of Yakima in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U S C 2000d to 2000-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award The City reserves the right to reject any or all bids and proposals DATED this 18th day of June, 2009 (SEAL) Deborah J Moore CITY CLERK PUBLISH: June 19, 2009 June 26, 2009 5 STANDARD SPECIFICATIONS Standard Specifications Amendments to the 2008 Standard Specifications STANDARD SPECIFICATIONS The 2008 Standard Specifications for Road, Bridge, and Municipal Construction published by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, by this reference, are made a part of these Contract Documents. Except as may be amended, modified, or supplemented hereinafter, each section of the Standard Specifications shall be considered as much a part of these Contract Documents as if they were actually set forth herein. INTRODUCTION The following Amendments and Special Provisions shall be used in conjunction with the 2008 Standard Specifications for Road, Bridge, and Municipal Construction. AMENDMENTS TO THE STANDARD SPECIFICATIONS The following Amendments to the Standard Specifications are made a part of this contract and supersede any conflicting provisions of the Standard Specifications. For informational purposes, the date following each Amendment title indicates the implementation date of the Amendment or the latest date of revision. Each Amendment contains all current revisions to the applicable section of the Standard Specifications and may include references that do not apply to this particular project. SECTION 1-03, AWARD AND EXECUTION OF CONTRACT April 7, 2008 1-03.1 Consideration of Bids This section is supplemented with the following new sub -section. 1-03.1(1) Tied Bids After opening Bids, if two or more lowest responsive Bid totals are exactly equal, then the tie-breaker will be determined by drawing as described in this Section. Two or more slips of paper will be marked as follows: one marked "Winner" and the other(s) marked "unsuccessful'. The slips will be folded to make the marking unseen. The slips will be placed inside a box. One authorized representative of each Bidder shall draw a slip from the box. Bidders shall draw in alphabetic order by the name of the firm as registered with the Washington State Department of Licensing. The slips shall be unfolded and the firm with the slip marked "Winner" will be determined to be the successful Bidder and eligible for Award of the Contract. Only those Bidders that submitted a Bid total that is exactly equal to the lowest responsive Bid are eligible to draw. 7 SECTION 1-04, SCOPE OF THE WORK April 7, 2008 1-04.4(1) Minor Changes The first sentence in the first paragraph is revised to read: Payments or credits for changes amounting to $15,000 or less may be made under the bid item "Minor Change." 1-04.5 Procedure and Protest by the Contractor In the second paragraph, number 2, the reference to 7 calendar days is revised to 14 calendar days. The second sentence in the fifth paragraph is revised to read: The determination will be provided within 14 -calendar days after receipt of the Contractor's supplemental written statement (including any additional information requested by the Project Engineer to support a continuing protest) described in item 2 above. SECTION 1-05, CONTROL OF WORK April 7, 2008 1-05.1 Authority of the Engineer The fourth paragraph is revised to read' At the Contractor's risk, the Project Engineer may suspend all or part of the Work according to Section 1-08.6. 1-05.12 Final Acceptance The second paragraph is revised to read The Contractor agrees that neither completion nor final acceptance shall relieve the Contractor of the responsibility to indemnify, defend, and protect the Contracting Agency against any claim or loss resulting from the failure of the Contractor (or the subcontractors or lower tier subcontractors) to pay all laborers, mechanics, subcontractors, material -persons, or any other person who provides labor, supplies, or provisions for carrying out the Work or for any payments required for unemployment compensation under Title 50 RCW or for industrial insurance and medical aid required under Title 51 RCW SECTION 1-07, LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC April 6, 2009 1-07.2(2) State Sales Tax: Work on State -Owned or Private Land The following new paragraph is inserted in front of the first paragraph: State Department of Revenue Rule 170 and its related rules apply for this section. 8 1-07.8 High Visibility Apparel This section is revised to read: The Contractor shall require all personnel under their control (including service providers, Subcontractors and lower tier Subcontractors) that are on foot in the work zone and are exposed to vehicle traffic or construction equipment to wear the high visibility apparel described in this Section. The Contractor shall ensure that a competent person as identified in the MUTCD selects the appropriate high -visibility apparel suitable for the job -site conditions. High visibility garments shall always be the outermost garments. High visibility garments shall be in a condition compliant with the ANSI 107-2004 and shall be used in accordance with manufacturer recommendations. This section is supplemented with the following new sub -sections. 1-07.8(1) Traffic Control Personnel All personnel performing the Work described in Section 1-10 (including traffic control supervisors, flaggers, spotters, and others performing traffic control labor of any kind), shall comply with the following: 1. During daylight hours with clear visibility, workers shall wear a high - visibility ANSI/ISEA 107-2004 Class 2 or 3 vest or jacket, and hardhat meeting the high visibility headwear requirements of WAC 296-155-305; and 2. During hours of darkness (1/2 -hour before sunset to 1/2 -hour after sunrise) or other low visibility conditions (snow, fog, etc.), workers shall wear a high -visibility ANSI/ISEA 107-2004 Class 2 or 3 vest or jacket, high visibility lower garment meeting ANSI/ISEA 107-2004 Class E, and hardhats meeting the high visibility headwear requirements of WAC 296- 155-305. 1-07.8(2) Non -Traffic Control Personnel All personnel, except those performing the Work described in Section 1-10, shall wear high visibility apparel meeting the ANSI/ISEA 107-2004 Class 2 or 3 standard. 1-07.9(1) General The following new paragraph is inserted to follow the sixth paragraph: The Contractor shall ensure that any firm (Supplier, Manufacturer, or Fabricator) that falls under the provisions of RCW 39.12 because of the definition "Contractor" in WAC 296-127-010, complies with all the requirements of RCW 39.12. 1-07.15 Temporary Water Pollution/Erosion Control This section is supplemented with the following: Stormwater or dewatering water that has come in contact with concrete rubble, concrete pours, or cement treated soils shall be maintained to pH 8.5 or less before it is allowed to enter waters of the state. If pH exceeds 8.5, the Contractor shall 9 immediately discontinue work and initiate treatment according to the plan to lower the pH. Work may resume, with treatment, once the pH of the stormwater is 8.5 or less or it can be demonstrated that the runoff will not reach surface waters. High pH process water shall not be discharged to waters of the state. Unless specific measures are identified in the Special Provisions, high pH process water may be infiltrated, dispersed in vegetation or compost, or pumped to a sanitary sewer system. Water being infiltrated or dispersed shall have no chance of discharging directly to waters of the state, including wetlands or conveyances that indirectly lead to waters of the state High pH process water shall be treated to within a range of 6.5 to 8.5 pH units prior to infiltration to ensure the discharge does not cause a violation of groundwater quality standards. If water is pumped to the sanitary sewer, the Contractor shall provide a copy of permits and requirements for placing the material into a sanitary sewer system prior to beginning the work. Process water may be collected and disposed of by the Contractor off the project site. The Contractor shall provide a copy of the permit for an approved waste site for the disposal of the process water prior to the start of work which generates the process water. 1-07.15(1) Spill Prevention, Control and Countermeasures Plan This section is revised to read: The Contractor shall prepare a project -specific spill prevention, control, and countermeasures plan (SPCC Plan) that will be used for the duration of the project. The Contractor shall submit the plan to the Project Engineer no later than the date of the preconstruction conference No on-site construction activities may commence until WSDOT accepts an SPCC Plan for the project. The term "hazardous materials", as used in this Specification, is defined in Chapter 447 of the WSDOT Environmental Procedures Manual (M31-11). Occupational safety and health requirements that may pertain to SPCC Plan implementation are contained in but not limited to WAC 296-824 and WAC 296-843 Implementation Requirements The SPCC Plan shall be updated by the Contractor throughout project construction so that the written plan reflects actual site conditions and practices. The Contractor shall update the SPCC Plan at least annually and maintain a copy of the updated SPCC Plan on the project site. All project employees shall be trained in spill prevention and containment, and shall know where the SPCC Plan and spill response kits are located and have immediate access to them If hazardous materials are encountered or spilled during construction, the Contractor shall do everything possible to control and contain the material until appropriate measures can be taken The Contractor shall supply and maintain spill response kits of appropriate size within close proximity to hazardous materials and equipment. The Contractor shall implement the spill prevention measures identified in the SPCC Plan before performing any of the following: 1. Placing materials or equipment in staging or storage areas 2. Refueling, washing, or maintaining equipment. 3. Stockpiling contaminated materials. 10 SPCC Plan Element Requirements The SPCC Plan shall set forth the following information in the following order: 1. Responsible Personnel Identify the name(s), title(s), and contact information for the personnel responsible for implementing and updating the plan, including all spill responders. 2. Spill Reporting List the names and telephone numbers of the federal, State, and local agencies the Contractor shall notify in the event of a spill. 3 Project and Site Information Describe the following items: A. The project Work. B. The site location and boundaries. C. The drainage pathways from the site. D. Nearby waterways and sensitive areas and their distances from the site. 4. Potential Spill Sources Describe each of the following for all potentially hazardous materials brought or generated on-site (including materials used for equipment operation, refueling, maintenance, or cleaning): A. Name of material and its intended use. B. Estimated maximum amount on-site at any one time. C. Location(s) (including any equipment used below the ordinary high water line) where the material will be staged, used, and stored and the distance(s) from nearby waterways and sensitive areas. D. Decontamination location and procedure for equipment that comes into contact with the material. E. Disposal procedures. 5. Pre -Existing Contamination Describe any pre-existing contamination and contaminant sources (such as buried pipes or tanks) in the project area that are described in the Contract documents. Identify equipment and work practices that will be used to prevent the release of contamination. 6. Spill Prevention and Response Training 11 Describe how and when all personnel (including refueling contractors and Subcontractors) will be trained in spill prevention, containment and response in accordance with the Plan. Describe how and when all spill responders will be trained in accordance with WAC 296-824. 7. Spill Prevention Describe the following items: A. Spill response kit contents and location(s). B. Security measures for potential spill sources C. Secondary containment practices and structures for hazardous materials. D. Methods used to prevent stormwater from contacting hazardous materials. E. Site inspection procedures and frequency. F. Equipment and structure maintenance practices. G. Daily inspection and cleanup procedures that ensure all equipment used below the ordinary high water line is free of all external petroleum based products. H. Refueling procedures for equipment that cannot be moved from below the ordinary high water line. 8 Spill Response Outline the response procedures the Contractor will follow for each scenario listed below. Include a description of the actions the Contractor shall take and the specific, on-site, spill response equipment that shall be used to assess the spill, secure the area, contain and eliminate the spill source, and clean up and dispose of spilled and contaminated material. A. A spill of each type of hazardous material at each location identified in 4, above. B. Stormwater that has come into contact with hazardous materials. C. A release or spill of any pre-existing contamination and contaminant source described in 5, above. D. A release or spill of any unknown pre-existing contamination and contaminant sources (such as buried pipes or tanks) encountered during project Work. E. A spill occurring during Work with equipment used below the ordinary high water line. If the Contractor will use a Subcontractor for spill response, provide contact information for the Subcontractor under item 1 (above), identify 12 when the Subcontractor will be used, and describe actions the Contractor shall take while waiting for the Subcontractor to respond. 9. Project Site Map Provide a map showing the following items: A. Site location and boundaries. B. Site access roads. C. Drainage pathways from the site. D. Nearby waterways and sensitive areas. E. Hazardous materials, equipment, and decontamination areas identified in 4, above. F. Pre-existing contamination or contaminant sources described in 5, above. G. Spill prevention and response equipment described in 7 and 8, above. 10. Spill Report Forms Provide a copy of the spill report form(s) that the Contractor will use in the event of a release or spill. Payment Payment will be made in accordance with Section 1-04.1 for the following Bid item when it is included in the Proposal: "SPCC Plan", lump sum. When the written SPCC is accepted by WSDOT, the Contractor shall receive 50 - percent of the lump sum Contract price for the plan. The remaining 50 -percent of the lump sum price will be paid after the materials and equipment called for in the plan are mobilized to the project. The lump sum payment for "SPCC Plan" shall be full pay for: 1. All costs associated with creating the accepted SPCC Plan. 2. All costs associated with providing and maintaining the on-site spill prevention equipment described in the accepted SPCC Plan. 3. All costs associated with providing and maintaining the on-site standby spill response equipment and materials described in the accepted SPCC Plan. 4. All costs associated with implementing the spill prevention measures identified in the accepted SPCC Plan. 13 5. All costs associated with updating the SPCC Plan as required by this Specification. As to other costs associated with releases or spills, the Contractor may request payment as provided for in the Contract. No payment shall be made if the release or spill was caused by or resulted from the Contractor's operations, negligence, or omissions. 1-07.16(4) Archaeological and Historical Objects This section is supplemented with the following new sub -section: 1-07.16(4)A Inadvertent Discovery of Human Skeletal Remains If human skeletal remains are encountered by the Contractor, they shall not be further disturbed. The Contractor shall immediately notify the Engineer of any such finds, and shall cease all work adjacent to the discovery, in an area adequate to provide for the total security and protection of the integrity of the skeletal remains. The Engineer may require the Contractor to suspend Work in the vicinity of the discovery until final determinations and removal of the skeletal remains is completed. If the Engineer finds that the suspension of Work in the vicinity of the discovery increases or decreases the cost or time required for performance of any part of the Work under this Contract, the Engineer will make an adjustment in payment or the time required for the performance of the Work in accordance with Sections 1-04.4 and 1-08.8. 1-07.17(2) Utility Construction, Removal or Relocation by Others The first sentence in the second paragraph is revised to read: If the Contract provides notice that utility work (including furnishing, adjusting, relocating, replacing, or constructing utilities) will be performed by others during the prosecution of the Work, the Special Provisions will establish the utility owners anticipated completion. The first sentence in the third paragraph is revised to read: When others delay the Work through late performance of utility work, the Contractor shall adhere to the requirements of Section 1-04.5. 1-07.23 Public Convenience and Safety This section is revised to read: The Contractor shall be responsible for providing adequate safeguards, safety devices, protective equipment, and any other needed actions to protect the life, health, and safety of the public, and to protect property in connection with the performance of the Work covered by the Contract. The Contractor shall perform any measures or actions the Engineer may deem necessary to protect the public and property. The responsibility and expense to provide this protection shall be the Contractor's except that which is to be furnished by the Contracting Agency as specified in other sections of these Specifications. Nothing contained in this Contract is intended to create any third -party beneficiary rights in favor of the public or any individual utilizing the Highway facilities being constructed or improved under this Contract. 14 1-07.23(1) Construction Under Traffic The second sentence in the second paragraph is revised to read: The Contractor shall maintain existing roads, streets, sidewalks, and paths within the project limits, keeping them open, and in good, clean, safe condition at all times. The fifth sentence in the second paragraph is revised to read: The Contractor shall also maintain roads, streets, sidewalks, and paths adjacent to the project limits when affected by the Contractor's operations. The final paragraph in this section is deleted. 1-07.23(2) Construction and Maintenance of Detours Number 1. under the first paragraph is revised to read: Detours and detour bridges that will accommodate traffic diverted from the Roadway, bridge, sidewalk or path during construction, SECTION 1-08, PROSECUTION AND PROGRESS August 4, 2008 1-08.1 Subcontracting Item (2) in the first sentence of the seventh paragraph is revised to read: (2) Delivery of these materials to the Work site in vehicles owned or operated by such plants or by recognized independent or commercial hauling companies hired by those commercial plants. 1-08.3(2)A Type A Progress Schedule This section is revised to read: The Contractor shall submit five copies of a Type A Progress Schedule no later than 10 days after the date the contract is executed, or some other mutually agreed upon submittal time. The schedule may be a critical path method (CPM) schedule, bar chart, or other standard schedule format. Regardless of which format used, the schedule shall identify the critical path. The Engineer will evaluate the Type A Progress Schedule and approve or return the schedule for corrections within 15 calendar days of receiving the submittal. 1-08.5 Time for Completion The third sentence in the first paragraph is revised to read: A nonworking day is defined as a Saturday, a Sunday, a whole or half day on which the Contract specifically prohibits Work on the critical path of the Contractor's approved progress schedule, or one of these holidays: January 1, the third Monday of January, the third Monday of February, Memorial Day, July 4, Labor Day, November 11, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. 1-08.6 Suspension of Work The first paragraph is revised to read: 15 The Engineer may order suspension of all or any part of the Work if: 1 Unsuitable weather that prevents satisfactory and timely performance of the Work; or 2. The Contractor does not comply with the Contract: or 3 It is in the public interest. 1-08.7 Maintenance During Suspension The first sentence in the fourth paragraph is revised to read: If the Engineer determines that the Contractor has pursued the Work diligently before the suspension, then the Contracting Agency will maintain the temporary Roadway (and bear its cost). The fifth paragraph is revised to read: The Contractor shall protect and maintain all other Work in areas not used by traffic All costs associated with protecting and maintaining such Work shall be the responsibility of the Contractor, except those costs associated with implementing the TESC Plan according to Section 8-01. The seventh paragraph is revised to read: After any suspension, the Contractor shall resume all responsibilities the Contract assigns for the Work. SECTION 1-09, MEASUREMENT AND PAYMENT April 7, 2008 1-09.9 Payments The first paragraph is supplemented with the following: For items Bid as lump sum, the Contractor shall submit a breakdown of their lump sum price in sufficient detail for the Project Engineer to determine the value of the Work performed on a monthly basis. Lump sum breakdowns shall be provided to the Project Engineer no later than the date of the preconstruction meeting. The second sentence in the third paragraph is revised to read: Unless otherwise provided in the payment clause of the applicable Specifications, partial payment for lump sum Bid items will be a percentage of the price in the Proposal based on the Project Engineer's determination of the amount of Work performed, with consideration given to but not exclusively based on the Contractors lump sum breakdown. The third paragraph is supplemented with the following: 16 1 1 1 The determination of payments under the contract will be final in accordance with Section 1-05.1. 1-09.9(1) Retainage In the fourth paragraph, number 1, the reference to $20,000 is revised to read $35,000. SECTION 6-03, STEEL STRUCTURES April 6, 2009 6-03.3(33) Bolted Connections The second paragraph is revised to read: All bolted connections are slip critical. Painted structures require either Type 1 or Type 3 bolts. Unpainted structures require Type 3 bolts. AASHTO M 253 bolts shall not be galvanized or be used in contact with galvanized metal. 6-03.3(33)A Pre -Erection Testing The first sentence in the first paragraph is revised to read: High strength bolt assemblies (bolt, nut, and washer), black and galvanized, shall be subjected to a field rotational capacity test, as outlined below, prior to any erection activity. 6-03.3(38) Placing Superstructure This section is revised to read: The concrete in piers and crossbeams shall reach at least 80 -percent of design strength before girders are placed on them. 6-03.4 Measurement The second paragraph is revised to read. Cast or forged metal (kind) shown in the Plans will be measured by the pound or will be paid for on a lump sum basis, whichever is shown on the Proposal. SECTION 6-07, PAINTING April 6, 2009 6-07.3(1) Painting New Steel Structures The third paragraph is revised to read. The primer coat, the second coat and the third coat shall all be selected from the same manufacturer and shall be from one of the approved paint systems listed in the Qualified Products List. Once a paint system has been selected, that system shall be used throughout the Structure. The ninth paragraph is deleted. 6-07.3(2)G Painting Steel Surfaces The first sentence in the first paragraph is revised to read: 17 The coating system for all steel surfaces shall incorporate 3 single component moisture -cured polyurethane coats from the same manufacturer and shall be from one of the approved paint systems listed in the Qualified Products List. 6-07.3(4) Painting Galvanized Surfaces This section is revised and renumbered as follows: 6-07.3(4)A Painting of Galvanized Surfaces All galvanized surfaces receiving paint shall be prepared for painting in accordance with the ASTM D 6386. The method of preparation shall be as agreed upon by the paint manufacturer and the galvanizer. The Contractor shall not begin painting until receiving the Engineer's approval of the prepared galvanized surface. Environmental Conditions Steel surfaces shall be: • Greater than 35°F and • Less than 115°F or in accordance with the manufacturer's recommendations, whichever is more stringent. The Contractor shall paint the dry surface as follows: Paint Formulas Type First Coat MIL -P-24441 Epoxy polyamide Second Coat C-11-99 Moisture Cured Aliphatic Polyurethane Each coat shall be dry before the next coat is applied. All coats applied in the shop shall be dried hard before shipment. The following new section is inserted before Section 6-07 3(4)A: 6-07.3(4) Painting or Powder Coating of Galvanized Surfaces Galvanized surfaces specified to be coated after galvanizing shall receive either paint in accordance with Section 6-07 3(4)A or powder coating in accordance with Section 6-07.3(4)B The color of the finish coat shall be as specified in the Special Provisions. The following new sub -section is inserted after Section 6-07.3(4)A: 6-07.3(4)B Powder Coating of Galvanized Surfaces Powder coating of galvanized surfaces shall conform to the following requirements: Submittals The Contractor shall submit the following information to the Engineer for approval. 1. The name, location, and contact information (mail address, phone, and e-mail) for the firm performing the powder coating operation. 18 2. Quality control (QC) programs established and followed by the firm performing the powder coating operation. Forms to document inspection and testing of coatings as part of the QC program shall be included in the submittal. 3. Project specific powder coating plan, including identification of the powder coating materials used (and manufacturer), and specific cleaning, surface preparation, pre -heating, powder coating application, curing, shop and field coating repair, handling, and storage processes to be taken for the assemblies being coated for this project. 4. Product data and MSDS sheets for all powder coating and coating repair materials. Galvanizing Prior to the galvanizing operation, the Contractor shall identify to the galvanizer the specific assemblies and surfaces receiving the powder coating after galvanizing, to ensure that the galvanizing method used on these assemblies is compatible with subsequent application of a powder coating system. Specifically, such assemblies shall neither be water -quenched, nor receive a chromate conversion coating, as part of the galvanizing operation. Galvanized Surface Cleaning and Preparation Galvanized surfaces receiving the powder coating shall be cleaned and prepared for coating in accordance with ASTM D 6386, and the project specific powder coating plan as approved by the Engineer. Assemblies conforming to the ASTM D 6386 definition for newly galvanized steel shall receive surface smoothing and surface cleaning in accordance with ASTM D 6386 Section 5, and surface preparation in accordance with ASTM D 6386 Section 5.4.1. Assemblies conforming to the ASTM D 6386 definition for partially weathered galvanized steel shall be checked and prepared in accordance with ASTM D 6386 Section 6, before then receiving surface smoothing and surface cleaning in accordance with ASTM D 6386 Section 5, and surface preparation in accordance with ASTM D 6386 Section 5.4.1. Assemblies conforming to the ASTM D 6386 definition for weathered galvanized steel shall be prepared in accordance with ASTM D 6386 Section 7, before then receiving surface smoothing and surface cleaning in accordance with ASTM D 6386 Section 5 and surface preparation in accordance with ASTM D 6386 Section 5.4.1 The Contractor shall notify the Engineer of all surface cleaning and preparation activities, and shall provide the Engineer opportunity to perform quality assurance inspection, in accordance with Section 1-05.6, at the completion of surface cleaning and preparation activities prior to beginning powder coating application. 19 Powder Coating Application and Curing After surface preparation, the two component powder coating shall be applied in accordance with the powder coating manufacturer's recommendations, the project specific powder coating plan as approved by the Engineer, and as follows: 1. Pre -heat. The pre -heat shall be sufficient to prevent pin holes from forming in the finished coating system. 2. Apply the epoxy primer coat, followed by a partial cure. 3. Apply the polyester finish coat, followed by the finish cure Testing The firm performing the powder coating operation shall conduct, or make arrangements for, QC testing on all assemblies receiving powder coating for this project, in accordance with the powder coating firm's QC program as documented in item 2 of the Submittal subsection above. Testing may be performed on coated surfaces of production fabricated items, or on a representative test panel coated alongside the production fabricated items being coated. There shall be a minimum of one set of tests representing each cycle of production fabricated items coated and cured. Additional tests shall be performed at the request of the Engineer. Repair of damaged coatings on production fabricated items shall be the responsibility of the firm applying the powder coating, and shall be in accordance with the project specific powder coating plan as approved by the Engineer At a minimum, the QC testing shall test for the following requirements: 1. Visual inspection for the presence of coating holidays, and other unacceptable surface imperfections. 2. Coating thickness measurement in accordance with Section 6-07.3(5). The minimum thickness of the epoxy primer coating and polyester finish coating shall be 3 mils each. 3. Hardness testing in accordance with ASTM D 3363, with the finish coat providing a minimum hardness value of H. 4. Adhesion testing in accordance with ASTM D 4541 for 400 psi minimum adhesion for the complete two component coating system. 5. Powder Coating Institute (PCI) #8 recommended procedure for solvent cure test. The results of the QC testing shall be documented in a QC report, and submitted to the Engineer for approval. The Engineer shall be provided notice and access to all assemblies at the powder coating facility for the purposes of Contracting Agency acceptance inspection, including notice and access to witness all hardness and adhesion testing performed by the firm conducting the QC testing, in accordance with Section 1-05.6. 20 Assemblies not meeting the above requirements will be subject to rejection by the Engineer. Rejected assemblies shall be repaired or re -coated by the Contractor, at no additional expense to the Contracting Agency, in accordance with the project specific powder coating plan as approved by the Engineer until the assemblies satisfy the acceptance testing requirements. Assemblies shall not be shipped from the powder coating firm's facility to the project site until the Contractor receives the Engineer's approval of the QC Report and assembly inspection performed by the Engineer. Coating Protection For Shipping, Storage, and Field Erection After curing and acceptance, the Contractor shall protect the coated assemblies with multiple layers of bubble wrap, or other protective wrapping materials specified in the project specific powder coating plan as approved by the Engineer. During storage and shipping, each assembly shall be separated from other assemblies by expanded polystyrene spacers and other spacing materials specked in the project specific powder coating plan as approved by the Engineer. After erection, all coating damage due to the Contractor's shipping, storage, handling, and erection operations shall be repaired by the Contractor, at no additional expense to the Contracting Agency, in accordance with the project specific powder coating plan as approved by the Engineer. The Contractor shall provide the Engineer access to all locations of all powder coated members for verification of coating conditions prior to and following all coating repairs. 6-07.3(5) Paint - Film Thickness The second sentence in the first paragraph is deleted and replaced with the following: The dry film thickness of the primer coat on faying surfaces shall not be less than 2.5 mils nor greater than the paint manufacturer's maximum recommended thickness. The primer coat shall meet the coefficient of friction requirements of Section 6-07.3(1) and 6-07.3(2)E Item 2. Top flange surfaces to be embedded in concrete shall receive a mist coat. Welded shear connectors, if installed in the shop, shall not receive paint except for incidental overspray. SECTION 8-01, EROSION CONTROL AND WATER POLLUTION CONTROL April 6, 2009 8-01.3(1) General The first sentence in the eighth paragraph is revised to read: Erodible earth not being worked, whether at final grade or not, shall be covered within the following time period, using an approved soil covering practice: The ninth paragraph is revised to read: If the Engineer, under Section 1-08.6, orders the Work suspended, the Contractor shall continue to control erosion, pollution, and runoff during the shutdown. 21 8-01.3(1)C Water Management Item 2. "Process Water" is supplemented with the following new first paragraph: High pH process water or wastewater (non-stormwater) that is generated on-site, including water generated during concrete grinding, rubblizing, washout, and hydrodemolition activities, shall not be discharged to waters of the state. Water may be infiltrated upon the approval of the Engineer. Off-site disposal of concrete process water shall be in accordance with Standard Specification 5-01.3(11). 8-01.3(2)D Mulching The second paragraph is supplemented with the following: Wood strand mulch shall be applied by hand or by straw blower 8-01.3(2)E Tacking Agent and Soil Binders The second sentence in the fourth paragraph is revised to read Pam may be reapplied on actively worked areas within a 48-hour period 8-01.3(6)D Wattle Check Dam The reference to Section 8-01.3(10) is revised to Section 9-14 5(5) 8-01.3(12) Compost Sock The last paragraph is deleted. 8-01.3(13) Temporary Curb The first paragraph is revised to read: Temporary curbs may consist of asphalt, concrete, sand bags, compost socks, wattles, or geotextile/plastic encased berms of sand or gravel, or as approved by the Engineer. 22 CONTRACT PROVISIONS General Special Provisions Exhibit "C-1" Agreement between BNSF Railway and the Contractor Required Contract Provisons Fed. Aid Construction Contract Contract Form Performance Bond Form informational Certificate of Insurance Informational Additional Insured Endorsement Minimum Wage Affidavit Form SPECIAL PROVISIONS The following Special Provisions are made a part of this contract and supersede any conflicting provisions of the 2008 Standard Specifications for Road, Bridge and Municipal Construction, and the foregoing Amendments to the Standard Specifications. Several types of Special Provisions are included in this contract; General, Region, Bridges and Structures, and Project Specific. Special Provisions types are differentiated as follows: (date) General Special Provision Notes a revision to a General Special Provision and also notes a Project Specific Special Provision. (Regions' date) Region Special Provision (BSP date) Bridges and Structures Special Provision General Special Provisions are similar to Standard Specifications in that they typically apply to many projects, usually in more than one Region. Usually, the only difference from one project to another is the inclusion of variable project data, inserted as a "fill-in". Region Special Provisions are commonly applicable within the designated Region. Region designations are as follows. Regions' ER Eastern Region NCR North Central Region NWR Northwest Region OR Olympic Region SCR South Central Region SWR Southwest Region WSF Washington State Ferries Division Bridges and Structures Special Provisions are similar to Standard Specifications in that they typically apply to many projects, usually in more than one Region. Usually, the only difference from one project to another is the inclusion of variable project data, inserted as a "fill-in". Project Specific Special Provisions normally appear only in the contract for which they were developed. 23 DIVISION 1 GENERAL REQUIREMENTS DESCRIPTION OF WORK (*****) This contract provides for the improvement of *** Heritage Trails *** by cleaning and painting the metal surfaces of the following *** bridge *** and other work, all in accordance with the Contract Provisions and Standard Specifications Bridge Location Description Tonnage Length YAK YVT 3 Naches River Steel Truss 120 Tons 322 ft The weight of structural steel stated above is approximate and is intended for use as a guide in determining the amount of paint involved. 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. 24 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. 25 1-02 BID PROCEDURES AND CONDITIONS 1-02.1 Prequalification of Bidders Delete this Section and replace it with the following: 1-02.1 Qualifications of Bidder (March 25, 2009 APWA GSP) Bidders must meet the minimum qualifications of RCW 39.04 350(1), as amended: "Before award of a public works contract, a bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project. The bidder must: (a) At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; (b) Have a current state unified business identifier number; (c) If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; an employment security department number as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW; and (d) Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3)." 1-02.2 Plans and Specifications (October 1, 2005 APWA GSP) Delete this section and replace it with the following: Information as to where Bid Documents can be obtained or reviewed will be found in the CaII for Bids (Advertisement for Bids) for the work. After award of the contract, plans and specifications will be issued to the Contractor at no cost as detailed below. To Prime Contractor No. of Sets Basis of Distribution Reduced plans (11" x 17") and Contract Provisions 10 Furnished automatically upon award Large plans (e.g., 22" x N/A Furnished only upon 34") and Contract request. Provisions Additional plans and Contract Provisions may be purchased by the Contractor by payment of the cost stated in the Invitation to Bid. 26 1-02.5 Proposal Forms (October 1, 2005 APWA GSP) Delete this section and replace it with the following: At the request of a bidder, the Contracting Agency will provide a proposal form for any project on which the bidder is eligible to bid. The proposal form will identify the project and its location and describe the work. It will also list estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder's name, address, telephone number, and signature; the bidder's D/M/WBE commitment, if applicable; a State of Washington Contractor's Registration Number; and a Business License Number, if applicable. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the proposal form. The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the proposal forms unless otherwise specified. Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid. The bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign). A bid by a partnership shall be executed in the partnership name, and signed by a partner. A copy of the partnership agreement shall be submitted with the Bid Form if any D/M/WBE requirements are to be satisfied through such an agreement. A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form if any DAN/MBE requirements are to be satisfied through such an agreement. Preparation Of Proposal (August 2, 2004) The fifth and sixth paragraphs of Section 1-02.6 are deleted. 1-02.7 Bid Deposit (October 1, 2005 APWA GSP) Supplement this section with the following: 27 Bid bonds shall contain the following: 1. Contracting Agency -assigned number for the project; 2. Name of the project; 3. The Contracting Agency named as obligee, 4. The amount of the bid bond stated either as a dollar figure or as a percentage, which represents five percent of the maximum bid amount that could be awarded; 5. Signature of the bidder's officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany the said signature; 6. The signature of the surety's officer empowered to sign the bond and the power of attorney. If so stated in the Contract Provisions, bidder must use the bond form included in the Contract Provisions. 1-02.9 Delivery of Proposal (October 1, 2005 APWA GSP) Revise the first paragraph to read: Each proposal shall be submitted in a sealed envelope, with the Project Name and Project Number as stated in the Advertisement for Bids clearly marked on the outside of the envelope, or as otherwise stated in the Bid Documents, to ensure proper handling and delivery. (*****) 1-02.12 Public Opening Of Proposal This section is supplemented with the following: Date Of Opening Bids Sealed bids are to be received at the following locations prior to the time specified 1. At the City Clerk's Office, City of Yakima, 129 N. Second Street, Yakima, WA 98901 until 2:00 P.M. of the bid opening date The bid opening date for this project is as listed in the Invitation to Bid. Bids received will be publicly opened and read after 2:00 P M. on this date 1-02.13 Irregular Proposals (March 25, 2009 APWA GSP) Revise item 1 to read: 1 A proposal will be considered irregular and will be rejected if. a The Bidder is not prequalified when so required; b. The authorized proposal form furnished by the Contracting Agency is not used or is altered; c. The completed proposal form contains any unauthorized additions, deletions, alternate Bids, or conditions; 28 d. The Bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract; e. A price per unit cannot be determined from the Bid Proposal; f. The Proposal form is not properly executed; g. The Bidder fails to submit or properly complete a Subcontractor list, if applicable, as required in Section 1-02.6; h The Bidder fails to submit or properly complete a Disadvantaged, Minority or Women's Business Enterprise Certification, if applicable, as required in Section 1-02.6; The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or j. More than one proposal is submitted for the same project from a Bidder under the same or different names. 1-02.14 Disqualification of Bidders (March 25, 2009 APWA GSP, Option 8) Delete this Section and replace it with the following: A Bidder will be deemed not responsible if: 1. the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1), as amended; or 2. evidence of collusion exists with any other Bidder or potential Bidder. Participants in collusion will be restricted from submitting further bids; or 3. the Bidder, in the opinion of the Contracting Agency, is not qualified for the work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the Bidder; or 4. an unsatisfactory performance record exists based on past or current Contracting Agency work or for work done for others, as judged from the standpoint of conduct of the work; workmanship; or progress; affirmative action; equal employment opportunity practices; termination for cause; or Disadvantaged Business Enterprise, Minority Business Enterprise, or Women's Business Enterprise utilization; or 5. there is uncompleted work (Contracting Agency or otherwise), which in the opinion of the Contracting Agency might hinder or prevent the prompt completion of the work bid upon; or 6. the Bidder failed to settle bills for labor or materials on past or current contracts, unless there are extenuating circumstances acceptable to the Contracting Agency; or 7. the Bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract, unless there are extenuating circumstances acceptable to the Contracting Agency; or 8. the Bidder is unable, financially or otherwise, to perform the work, in the opinion of the Contracting Agency; or 9. there are any other reasons deemed proper by the Contracting Agency. As evidence that the Bidder meets the bidder responsibility criteria above, the apparent two lowest Bidders must submit to the Contracting Agency within 24 hours of the bid submittal deadline, documentation (sufficient in the sole judgment of the Contracting Agency) demonstrating compliance with all applicable responsibility criteria, including all documentation specifically listed in the 29 supplemental criteria. The Contracting Agency reserves the right to request such documentation from other Bidders as well, and to request further documentation as needed to assess bidder responsibility. The basis for evaluation of Bidder compliance with these supplemental criteria shall be any documents or facts obtained by Contracting Agency (whether from the Bidder or third parties) which any reasonable owner would rely on for determining such compliance, including but not limited to: (i) financial, historical, or operational data from the Bidder; (ii) information obtained directly by the Contracting Agency from owners for whom the Bidder has worked, or other public agencies or private enterprises; and (iii) any additional information obtained by the Contracting Agency which is believed to be relevant to the matter If the Contracting Agency determines the Bidder does not meet the bidder responsibility criteria above and is therefore not a responsible Bidder, the Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the determination within 24 hours of receipt of the Contracting Agency's determination by presenting its appeal to the Contracting Agency. The Contracting Agency will consider the appeal before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Contracting Agency will not execute a contract with any other Bidder until at least two business days after the Bidder determined to be not responsible has received the final determination 1-02.15 Pre Award Information (October 1, 2005 APWA GSP) Revise this section to read: Before awarding any contract, the Contracting Agency may require one or more of these items or actions of the apparent lowest responsible bidder: 1. A complete statement of the origin, composition, and manufacture of any or all materials to be used, 2. Samples of these materials for quality and fitness tests, 3. A progress schedule (in a form the Contracting Agency requires) showing the order of and time required for the various phases of the work, 4. A breakdown of costs assigned to any bid item, 5. Attendance at a conference with the Engineer or representatives of the Engineer, 6. Obtain, and furnish a copy of, a business license to do business in the city or county where the work is located. 7. A copy of State of Washington Contractor's Registration, or 8. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder. 30 AWARD AND EXECUTION OF CONTRACT 1-03.1 Consideration of Bids (January 23, 2006 APWA GSP) Revise the first paragraph to read: After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. If a minimum bid amount has been established for any item and the bidder's unit or lump sum price is less than the minimum specified amount, the Contracting Agency will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond. 1-03.3 Execution of Contract (October 1, 2005 APWA GSP) Revise this section to read: Copies of the Contract Provisions, including the unsigned Form of Contract, will be available for signature by the successful bidder on the first business day following award. The number of copies to be executed by the Contractor will be determined by the Contracting Agency. Within Fourteen (14) calendar days after the award date, the successful bidder shall return the signed Contracting Agency -prepared contract, an insurance certification as required by Section 1-07.18, and a satisfactory bond as required by law and Section 1-03.4. Before execution of the contract by the Contracting Agency, the successful bidder shall provide any pre -award information the Contracting Agency may require under Section 1-02.15. Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency -furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency. If the bidder experiences circumstances beyond their control that prevents return of the contract documents within the calendar days after the award date stated above, the Contracting Agency may grant up to a maximum of Six (6) 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: 31 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 Toss resulting from the failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform the contract, or b. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, materialperson, or any other person who provides supplies or provisions for carrying out the work; 5. Be accompanied by a power of attorney for the Surety's officer empowered to sign the bond, and 6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond must be signed by the president or vice-president, unless accompanied by written proof of the authority of the individual signing the bond to bind the corporation (i.e., corporate resolution, power of attorney or a letter to such effect by the president or vice-president). 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/APWA Standard Specifications for Road, Bridge and Municipal Construction, 6. Contracting Agency's Standard Plans (if any), and 7. WSDOT/APWA Standard Plans for Road, Bridge, and Municipal Construction. 32 CONTROL OF WORK 1-05.7 Removal of Defective and Unauthorized Work (October 1, 2005 APWA GSP) Supplement this section with the following: If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the Contract Documents, the Engineer may correct and remedy such work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary. If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work corrected immediately, have the rejected work removed and replaced, or have work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public. Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized work. No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency's rights provided by this Section. The rights exercised under the provisions of this section shall not diminish the Contracting Agency's right to pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the work as required. 1-05.11 Final Inspection Delete this section and replace it with the following: 1-05.11 Final Inspections and Operational Testing (October 1, 2005 APWA GSP) 1-05.11(1) Substantial Completion Date When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor's request shall list the specific items of work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the work with the Contractor to determine the status of 33 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. 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 34 signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the physical completion date. Whenever items of work are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. Operational and test periods, when required by the Engineer, shall not affect a manufacturer's guaranties or warranties furnished under the terms of the contract. 1-05.13 Superintendents, Labor and Equipment of Contractor (March 25, 2009 APWA GSP) Revise the seventh paragraph to read: Whenever the Contracting Agency evaluates the Contractor's qualifications pursuant to Section 1-02.14, it will take these performance reports into account. (March 13, 1995) Cooperation With Other Contractors Section 1-05.14 is supplemented with the following: Other Contracts Or Other Work It is anticipated that the following work adjacent to or within the limits of this project will be performed by others during the course of this project and will require coordination of the work: William O. Douglas 6th Avenue Trail, a City of Yakima project JeldWen Frontage Improvements, a City of Yakima project Add the following new section: 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 35 mail delivery service to the Prosect 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. 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. CONTROL OF MATERIAL Foreign Made Materials Section 1-06 is supplemented with the following: (August 6, 2007) The major quantities of steel and iron construction material that is permanently incorporated into the project shall consist of American-made materials only. Buy America does not apply to temporary steel items, e.g., temporary sheet piling, temporary bridges, steel scaffolding and falsework. The Contractor may utilize minor amounts of foreign steel and iron in this project provided the cost of the foreign material used does not exceed one-tenth of one percent of the total contract cost or $2,500 00, whichever is greater. American-made material is defined as material having all manufacturing processes occurring domestically. To further define the coverage, a domestic product is a manufactured steel material that was produced in one of the 50 States, the District of Columbia, Puerto Rico, or in the territories and possessions of the United States. If domestically produced steel billets or iron ingots are exported outside of the area of coverage, as defined above, for any manufacturing process then the resulting product does not conform to the Buy America requirements. Additionally, products manufactured domestically from foreign source steel billets or iron ingots do not conform to the Buy America requirements because the initial melting and mixing of alloys to create the material occurred in a foreign country. Manufacturing begins with the initial melting and mixing, and continues through the coating stage. Any process which modifies the chemical content, the physical size or shape, or the final finish is considered a manufacturing process. The processes include rolling, extruding, machining, bending, grinding, drilling, welding, and coating. The action of applying a coating to steel or iron is deemed a manufacturing process. Coating includes epoxy coating, galvanizing, aluminizing, painting, and any other coating that protects or enhances the value of steel or iron. Any process from the original reduction from ore to the finished product constitutes a manufacturing process for iron. Due to a nationwide waiver, Buy America does not apply to raw materials (iron ore and alloys), scrap (recycled steel or iron), and pig iron or processed, pelletized, and reduced iron ore. 36 The following are considered to be steel manufacturing processes: 1. Production of steel by any of the following processes: a. Open hearth furnace. b. Basic oxygen. c. Electric furnace. d. Direct reduction. 2. Rolling, heat treating, and any other similar processing. 3. Fabrication of the products. a. Spinning wire into cable or strand. b. Corrugating and rolling into culverts c. Shop fabrication. A certification of materials origin will be required for any items comprised of, or containing, steel or iron construction materials prior to such items being incorporated into the permanent work. The certification shall be on DOT Form 350- 109EF provided by the Engineer, or such other form the Contractor chooses, provided it contains the same information as DOT Form 350-109EF. 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 37 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. (January 5, 2004) Lead Health Protection Program Structural and non-structural materials located at the project site *** Yakima Valley Transit Bridge (Naches River) *** contain lead-based products. The Contractor shall be fully responsible for the safety and health of all on-site workers and compliant with Washington Administrative Code (WAC 296-155-176). The Contractors Lead Health Protection Program shall be sent to the Contracting Agency at least 2 weeks prior to the Contractor beginning work involving exposure to lead contamination The Contractor shall communicate with the Project Engineer to ensure a coordinated effort for providing and maintaining a safe worksite for both the Contracting Agency's and Contractor's workers. Construction Requirements The Contractor shall be responsible for the containment measures required to provide and maintain a safe and healthful jobsite for the duration of the project in accordance with all applicable laws and this Special Provision. Payment All costs to comply with this Special Provision for the Lead Health Protection laws and regulations are the responsibility of the Contractor and shall be included in related items of work. 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. 38 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). 39 Environmental Regulations (August 1, 2005) State Departments of Fish And Wildlife Section 1-07.5(2) is supplemented with the following: The Contracting Agency has obtained a Hydraulic Project Approval (HPA) for this project. All contacts with the Department of Fish And Wildlife concerning this approval shall be through the Engineer The provisions of the approval are as follows: 1. TIMING LIMITATIONS: The project may begin March 01, 2009 and shall be completed by September 30, 2009. REQUIRED NOTIFICATION 2 The Permittee or contractor shall notify the Department Regional Office, phone (509) 457-9310 or FAX (509) 575-2474, at least 24 hours prior to starting this project. Leave a message for Habitat Biologist - Eric Bartrand. The notification shall include the Permittee's name, project location, starting date for work, and the log number for this Hydraulic Project Approval. GENERAL 3 Work shall conform to plans and specifications submitted with the hydraulic project application AND approved addendums and submitted modifications to the application, except as modified by this approval. A copy of those plans and specifications, and the application, must be on- site during construction 5. If at any time, as the result of project activities, water quality problems develop (including equipment leaks or spills), fish life is observed in distress, or a fish kill occurs, all operations shall cease and both the Department of Fish and Wildlife (509-575-2740) and the Washington Military Department (800-854-5406 or 800-688-8955) shall be notified of the problem immediately Work in the stream shall not resume until further approval is given by the Department of Fish and Wildlife. Additional measures to mitigate work-related impacts may be required 6 The removal of material from the bridge shall be done in a manner that prevents this material from falling into the river or onto the river bed Drapes or catchment structures shall be used as necessary to ensure that bridge material is not wasted into the river. 7 Periodic inspection and maintenance of all control measures must be provided. Inspection frequency shall be appropriate for weather conditions to ensure that strong, wind, other adverse conditions, etc. do not compromise control measures. 8. Permittee shall have spill cleanup materials available on site EQUIPMENT LIMITATIONS 40 1 1 9. Equipment shall work stationed landward of, or at an elevation greater than, the river's ordinary high water mark. BRIDGE CLEANING 10. Concentrated accumulations of bird feces or nests shall not be allowed to drop into the water. The material shall be scraped from the bridge structure, collected and disposed of properly. 11. Debris accumulations on the bridge, railway surface and within the bridge drains such as rust, dirt, sand, paint residue and grease shall be collected or swept up and disposed of properly off site. Additional material remaining in the drains, after all efforts at hand removal have been made; may be flushed with clean, fresh water. BRIDGE WASHING 12. Horizontal surfaces of the bridge shall be cleaned of debris accumulations prior to flushing them with water. Flushing will use clean, fresh water only. No detergents or other cleaning agents shall be discharged into the river or watercourses. 13. Pressure washing of structures shall be done using appropriate screened tarping to control and contain paint particles generated by the activity. ABRASIVE BLASTING 14. Abrasive and sweep blasting equipment shall be equipped with automatic shutoff nozzles. Media from the blasting operation shall be contained and collected. 15. Tarps will be used to control and contain abrasive grit and dust. Spent abrasive grit and dust will not be discarded into the water. Spent abrasive grit will be collected and disposed of properly. PAINTING 16. Painters shall work from pails containing a maximum of two (2) gallons of paint to minimize the impact of accidental spillage. 17. Drip pans or other protective devices shall be required for all paint mixing and solvent transfer operations. 18. Drip tarps shall be suspended below paint platforms to prevent spilled paint, buckets, brushes, etc. from being lost into state waters. 19. All liquid products shall be stored and mixed on impervious services in a secure, covered and contained location to eliminate the potential for spills into state waters. 20. No cleaning solvents or chemicals utilized for tool or equipment cleaning may be discharged to surface water or watercourses. Cleaning of painting equipment shall not be done in the river or watercourses, nor shall resultant cleaning runoff be allowed to enter state waters. No paint 41 cans, lids, brushes or other debris or deleterious materials shall be allowed to enter the river. REPORTING OF SPILLS 21. Paint and solvent spills shall be treated as oil spills and shall be prevented from reaching storm drains and subsequent discharge into the river. Any spill shall be immediately reported, as provided above. 22 The engineer shall be on site or on call and be readily accessible to the site at all times while cleaning and painting activities are occurring that may affect the water quality of the river or fish life. This Hydraulic Project Approval pertains to contract work within the project limits as described in the original contract. This Hydraulic Project Approval is not a permit for work in material sources, staging areas, or disposal sites not provided in the contract. When work described in the contract is to be performed below the ordinary high water line within areas designated as sensitive or to be protected, that work shall be performed between the dates of *** N/A ***. 1-07.5(4) Air Quality This section is supplemented with the following: The local air pollution authority is the Yakima Regional Clean Air Authority, (509) 574-1410 Wages General Section 1-07 9(1) is supplemented with the following: (February 11, 2008) The Federal wage rates incorporated in this contract have been established by the Secretary of Labor under United States Department of Labor General Decision No WA080001. Requirements For Nondiscrimination Section 1-07.11 is supplemented with the following. (March 6, 2000) Requirement For Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Contractor's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth herein. 42 1 1 2. The goals and timetables for minority and female participation set by the Office of Federal Contract Compliance Programs, expressed in percentage terms for the Contractor's aggregate work force in each construction craft and in each 1 trade on all construction work in the covered area, are as follows: Women - Statewide Timetable Goal I Until further notice 6.9% Minorities - by Standard Metropolitan Statistical Area (SMSA) I Spokane, WA: SMSA Counties: Spokane, WA 2.8 I WA Spokane. Non -SMSA Counties 3.0 WA Adams; WA Asotin; WA Columbia; WA Ferry; WA Garfield; WA Lincoln, WA Pend Oreille; WA Stevens; WA Whitman. IRichland, WA SMSA Counties: I Richland Kennewick, WA 5.4 WA Benton; WA Franklin. Non -SMSA Counties 3.6 IWA Walla Walla. Yakima, WA: I SMSA Counties: Yakima, WA 9.7 WA Yakima. 1 Non -SMSA Counties 7.2 WA Chelan; WA Douglas; WA Grant; WA Kittitas; WA Okanogan. Seattle, WA: 1 SMSA Counties: Seattle Everett, WA 7.2 WA King; WA Snohomish. I Tacoma, WA 6.2 WA Pierce. Non -SMSA Counties 6.1 I WA Clallam; WA Grays Harbor; WA Island; WA Jefferson; WA Kitsap; WA Lewis; WA Mason; WA Pacific; WA San Juan; WA Skagit; WA Thurston; WA Whatcom. 1 Portland, OR: SMSA Counties: I Portland, OR -WA 4.5 WA Clark. Non -SMSA Counties 3.8 I WA Cowlitz; WA Klickitat; WA Skamania, WA Wahkiakum. 1 43 These goals are applicable to each nonexempt Contractor's total on-site construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, or federally assisted project, contract, or subcontract until further notice. Compliance with these goals and time tables is enforced by the Office of Federal Contract compliance Programs. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, in each construction craft and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goal shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Engineer within 10 working days of award of any construction subcontract in excess of $10,000 or more that are Federally funded, at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the Covered Area is as designated herein. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these specifications: a. Covered Area means the geographical area described in the solicitation from which this contract resulted; b. Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. Employer Identification Number means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941; d. Minority includes: (1) Black, a person having origins in any of the Black Racial Groups of Africa. 44 (2) Hispanic, a fluent Spanish speaking, Spanish surnamed person of Mexican, Puerto Rican, Cuban, Central American, South American, or other Spanish origin. (3) Asian or Pacific Islander, a person having origins in any of the original peoples of the Pacific rim or the Pacific Islands, the Hawaiian Islands and Samoa. (4) American Indian or Alaskan Native, a person having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions - of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take , good faith effort to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of this Special Provision. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 45 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its action. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunity and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the U.S. Department of Labor 46 The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. Encourage present minority and female employees to recruit other minority persons and women and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3 I. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. 47 m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor -union, contractor - community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of the obligations under 7a through 7p of this Special Provision provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensure that the concrete benefits of the program are reflected in the Contractor's minority and female work -force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrate the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized) 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11 The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246 48 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspensions, terminations and cancellations of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of this Special Provision, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14 The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include, for each employee, their name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g , mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, the Contractors will not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program) (September 17, 2007) Disadvantaged Business Enterprise Participation The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR part 26 apply to this contract. The requirements of this contract are to encourage DBE participation, supply a bidder's list, and to report race neutral accomplishments quarterly as described in this special provision. No preference will be included in the evaluation of bids/proposals, no minimum level of DBE participation shall be required as a condition for receiving an award and bids/proposals will not be rejected or considered non-responsive on that basis. DBE Goals No DBE goals have been assigned as a part of this contract. Affirmative Efforts to Solicit DBE Participation DBE firms shall have equal opportunity to compete for and perform subcontracts which the Contractor enters into pursuant to this contract. Contractors are encouraged to: 49 1. Advertise opportunities for Subcontractors or suppliers in a manner reasonably designed to provide DBEs capable of performing the work with timely notice of such opportunities. All advertisements should include a provision encouraging participation by DBE firms and may be done through general advertisements (e.g. newspapers, journals, etc.) or by soliciting bids/proposals directly from DBEs. 2. Utilize the services of available minority community-based organizations, minority contractor groups, local minority assistance offices and organizations that provide assistance in the recruitment and placement of DBEs and other small businesses. In addition, the Office of Minority and Women's Business Enterprises has two DBE Supportive Services Offices available to assist you as follows: Seattle: (206) 553-7356 Tacoma. (253) 680-7393 3 Establish delivery schedules, where requirements of the contract allow, that encourage participation by DBEs and other small businesses. 4. Achieve attainment through joint ventures. In the absence of a mandatory goal, all DBE participation that is attained on this project will be considered as "race neutral" participation and will be reported as such. DBE Eligibility (for reporting purposes only) Selection of DBEs: DBEs utilized on the contract will be eligible to be counted as race neutral participation only if the firm is identified as a DBE on the current list of firms certified by the Office of Minority and Women's Business Enterprises (OMWBE), the DBE firm is certified in the corresponding NAICS code(s) for the type of work to be performed, and the DBE firm performs a commercially useful function. A list of firms certified by OMWBE, including the NAICS codes for which they are certified, is available from that office and on line through their website (www.omwbe.wa gov/directory/directory.htm) or by telephone at (360) 704- 1181. Counting DBE Participation For Reporting Race Neutral Accomplishments When a DBE firm participates in a contract, only the value of the work actually performed by the DBE will be counted as race -neutral participation. 1. Count the entire amount of the portion of the contract that is performed by the DBE's own forces. Include the cost of supplies and materials obtained by the DBE for the work of the contract, including supplies purchased or equipment leased by the DBE (except supplies, materials, and equipment the DBE Subcontractor purchases or leases 50 from the Prime Contractor or its affiliate, unless the Prime Contractor is also a DBE). Work performed by a DBE, utilizing resources of the Prime Contractor or its affiliates will not be counted as race -neutral participation. In very rare situations, a DBE firm may utilize equipment and/or personnel from a non -DBE firm other than the Prime Contractor or its affiliates. Should this situation arise, the arrangement must be short-term and have prior written approval from the Contracting Agency. The arrangement must not erode a DBE firm's ability to perform a Commercially Useful Function (See discussion of CUF, below). 2. Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance. 3. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted as race neutral participation only if the DBE's lower tier Subcontractor is also a DBE. Work that a DBE Subcontracts to a non -DBE firm does not count as race neutral participation. 4. When a non -DBE subcontractor further subcontracts to a lower - tier subcontractor or supplier who is a certified DBE, then that portion of the work further subcontracted may be counted toward the DBE goal, so long as it is a distinct clearly defined portion of the work of the subcontract that the DBE is performing with its own forces in a commercially useful function. DBE Prime Contractor A DBE prime Contractor may only count the work performed with its own forces and the work performed by DBE Subcontractors and DBE suppliers. Joint Venture When a DBE performs as a participant in a joint venture, only that portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work that the DBE performs with its own forces will count as race neutral participation. Commercially Useful Function Payments to a DBE firm will count as race neutral participation only if the DBE is performing a commercially useful function on the contract. 1. A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, installing (if applicable) and paying for the material itself. Two party checks are not allowed. 51 2. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. Trucking Use the following factors in determining whether a DBE trucking company is performing a commercially useful function: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is listed on a particular contract. 2. The DBE must itself own and, with its own workforce, operate at least one fully licensed, insured, and operational truck used on the contract. 3. The DBE receives credit only for the total value of the transportation services it provides on the contract using trucks it owns or leases, licenses, insures, and operates with drivers it employs. 4. For purposes of this paragraph a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. 5 The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE may report race -neutral participation for the total value of the transportation services the lessee DBE provides on the contract. 6 The DBE may also lease trucks from a non -DBE firm and may enter an agreement with an owner -operator who is a non -DBE. The DBE who leases trucks from a non -DBE or employs a non -DBE owner - operator is entitled to count race -neutral participation only for the fee or commission it receives as a result of the lease arrangement. The DBE may not count the total value of the transportation services provided by the lessee, since these services are not provided by a DBE. 7. In any lease or owner -operator situation, as described in paragraphs 5 & 6 above, the following rules shall apply: o A written lease/rental agreement on all trucks leased or rented, showing the true ownership and the terms of the rental must be submitted and approved by the Contracting Agency prior to the beginning of the work. The agreement must show the lessor's name, trucks to be leased, and agreed upon amount or method of payment (hour, ton, or per load). All lease agreements shall be for a long-term 52 relationship, rather than for the individual project. Does not apply to owner -operator arrangements. • Only the vehicle, (not the operator) is leased or rented. Does not apply to owner -operator arrangements 8. In order for payments to be counted as race -neutral participation, DBE trucking firms must be covered by a subcontract or a written agreement approved by WSDOT prior to performing their portion of the work. Expenditures paid to other DBEs Expenditures paid to other DBEs for materials or supplies may be counted toward race neutral participation as provided in the following: Manufacturer 1. Counting If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies toward race neutral participation. 2. Definition To be a manufacturer, the firm operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. 3. In order to receive credit as a DBE manufacturer, the firm must have received an "on-site" review and been approved by WSDOT-0E0 to operate as a DBE Manufacturing firm. To schedule a review, the manufacturing firm must submit a written request to WSDOT/OEO and may not receive race neutral credit, until the completion of the review. Once a firm's manufacturing process has been approved in writing, it is not necessary to resubmit the firm for approval unless the manufacturing process has substantially changed. Information on approved manufacturers may be obtained from WSDOT-0E0. Regular Dealer 1. Counting If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward race neutral participation. 2. Definition a) To be a regular dealer, the firm must own, operate or maintain a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. It must also be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. 53 b) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business, as provided elsewhere in this specification, if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by -contract basis. c) Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers. 3. Regular dealer status is granted on a contract -by -contract basis. To obtain regular dealer status, a formal written request must be made by the interested supplier (potential regular dealer) to WSDOT/OEO. Included in the request shall be a full description of the project, type of business operated by the DBE, and the manner the DBE will operate as a regular dealer on the specific contract. Rules applicable to regular dealer status are contained in 49 CFR Part 26.55.e.2. Once the request is reviewed by WSDOT-OEO, the DBE supplier requesting it will be notified in writing whether regular dealer status was approved. Materials or Supplies Purchased from a DBE With respect to materials or supplies purchased from a DBE who is neither a manufacturer nor a regular dealer, the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of materials or supplies required on a job site may be counted as race neutral participation. No part of the cost of the materials and supplies themselves may be applied as race neutral participation. Procedures Between Award and Execution After award of the contract, the successful bidder shall provide the additional information described below. A failure to comply shall result in the forfeiture of the bidder's proposal bond or deposit. A list of all firms who submitted a bid or quote in an attempt to participate in this project whether they were successful or not. Include the correct business name, federal employer identification number (optional) and a mailing address The firms identified by the Contractor may be contacted to solicit general information as follows: 1. age of the firm 2 average of its gross annual receipts over the past three -years 54 Procedures After Execution Reporting The Contractor shall submit a "Quarterly Report of Amounts Credited as DBE Participation" (actual payments) on a quarterly basis for any calendar quarter in which DBE work is accomplished or upon completion of the project, as appropriate. The quarterly reports are due on January 20th, April 20th, July 20th, and October 20th of each year. The dollars reported will be in accordance with the "Counting DBE Participation For Reporting Race Neutral Participation" section of this specification. In the event that the payments to a DBE have been made by an entity other than the Prime Contractor (as in the case of a lower -tier subcontractor or supplier), then the Prime Contractor shall obtain the quarterly report, including the signed affidavit, from the paying entity and submit the report to the Contracting Agency. Payment Compensation for all costs involved with complying with the conditions of this specification and any associated DBE requirements is included in payment for the associated contract items of work. (March 13, 1995) Federal Agency Inspection Section 1-07.12 is supplemented with the following: Required Federal Aid Provisions The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) and the amendments thereto supersede any conflicting provisions of the Standard Specifications and are made a part of this contract; provided, however, that if any of the provisions of FHWA 1273, as amended, are less restrictive than Washington State Law, then the Washington State Law shall prevail. The provisions of FHWA 1273, as amended, included in this contract require that the Contractor insert the FHWA 1273 and amendments thereto in each subcontract, together with the wage rates which are part of the FHWA 1273, as amended. Also, a clause shall be included in each subcontract requiring the subcontractors to insert the FHWA 1273 and amendments thereto in any lower tier subcontracts, together with the wage rates. The Contractor shall also ensure that this section, REQUIRED FEDERAL AID PROVISIONS, is inserted in each subcontract for subcontractors and lower tier subcontractors. For this purpose, upon request to the Project Engineer, the Contractor will be provided with extra copies of the FHWA 1273, the amendments thereto, the applicable wage rates, and this Special Provision. (April 2, 2007) Utilities and Similar Facilities Section 1-07.17 is supplemented with the following: Locations and dimensions shown in the Plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or other verification. 55 The following addresses and telephone numbers of utility companies known or suspected of having facilities within the project limits are supplied for the Contractor's convenience: Qwest 8 W 2nd Ave, Room 304 Yakima, Washington 98902 509-575-7183 Charter Cable 1005 N 16th Avenue Yakima, Washington 98902 509-575-1697 Pacific Power PO Box 1729 Yakima, Washington 98907 509-575-3146 Level 3 Communications Dale Smith 253-209-3236 YVT Company Ed Neel 509-966-5234 The Contractor shall notify the Upper Yakima Valley Utilities Coordinating Council -Area 5, telephone number 1-800-553-4344, at least 72 hours prior to start of excavation so that underground utilities may be marked. It shall be the contractor's responsibility to investigate the presence and location of all utilities prior to bid opening and assess their impacts on his construction activities. 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. 1-07.18 Public Liability and Property Damage Insurance Delete this section in its entirety, and replace it with the following: 1-07.18 Insurance (May 10, 2006 APWA GSP) 1-07.18(1) General Requirements A. The Contractor shall obtain the insurance described in this section from insurers approved by the State Insurance Commissioner pursuant to RCW Title 48 The insurance must be provided by an insurer with a rating of A-: VII or higher in the A.M. Best's Key Rating Guide, which is licensed to do business in the state of Washington (or issued as a surplus line by a Washington Surplus lines broker). The Contracting Agency reserves the right to approve or reject the insurance provided, based on the insurer (including financial condition), terms and coverage, the Certificate of Insurance, and/or endorsements. 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 56 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 All insurance policies and Certificates of Insurance shall include a requirement providing for a minimum of 30 days prior written notice to the Contracting Agency of any cancellation in any insurance policy. G. Upon request, the Contractor shall forward to the Contracting Agency a full and certified copy of the insurance policy(s). H. The Contractor shall not begin work under the contract until the required insurance has been obtained and approved by the Contracting Agency. I. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. 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 The above -listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, whether primary, excess, contingent or otherwise, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to 1-07.18(3) describes limits lower than those maintained by the Contractor. 1-07.18(3) Subcontractors Contractor shall ensure that each subcontractor of every tier obtains and maintains at a minimum the insurance coverages listed in 1-07.18(5)A and 1-07.18(5)B. Upon request of the Contracting Agency, the Contractor shall provide evidence of such insurance. 57 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) Coverages and Limits The insurance shall provide the minimum coverages and limits set forth below Providing coverage in these stated minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits. All deductibles and self-insured retentions must be disclosed and are subject to approval by the Contracting Agency. The cost of any claim payments falling within the deductible shall be the responsibility of the Contractor. 1-07.18(5)A Commercial General Liability A policy of Commercial General Liability Insurance, including: Per project aggregate Premises/Operations Liability Products/Completed Operations — for a period of one year following final acceptance of the work. Personal/Advertising Injury Contractual Liability Independent Contractors Liability Stop Gap / Employers' Liability Explosion, Collapse, or Underground Property Damage (XCU) Blasting (only required when the Contractor's work under this Contract includes exposures to which this specified coverage responds) 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 58 $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. (August 7, 2006) Relations With Railroad Railroad Company, as used in the following specifications, shall be the railroad company or companies, or railway company or companies specified in these Special Provisions. The following provisions, though referring to a single Railroad Company, shall be applicable to each of the following railroad companies or railway companies: *** Burlington Northern Santa Fe Railway *** Protection of Railroad Property The Contractor shall exercise care in all operations and shall, at the Contractor's expense, protect the property of the Railroad Company and the Company's appurtenances, property in its custody, or persons lawfully upon its right of way, from damage, destruction, interference or injury caused by the Contractor's operations. The Contractor shall prosecute the work to not interfere with the Railroad Company or its appurtenances, or any of the Railroad Company's trains or facilities, and shall complete the work to a condition that shall not interfere with or menace the integrity or safe and successful operations of the Railroad Company or its appurtenances, or any of the Railroad Company's trains or facilities. The Contractor shall not transport equipment, machinery, or materials across the Railroad Company's tracks, except at a public crossing, without the written consent of the Railroad Company. The Contractor shall keep the right of way and ditches of the Railroad Company open and clean from any deposits or debris resulting from its operations. The Contractor shall be responsible for the cost to clean and restore ballast of the Railroad Company which is disturbed or becomes fouled with dirt or materials when such deposits or damage result from the Contractor's operations, except as provided elsewhere. 59 The Contractor's work shall be conducted in such a manner that there will be a minimum of interference with the operation of railroad traffic. The Railroad Company will specify what periods will be allowed the Contractor for executing any part of the work in which the Railroad Company's tracks will be obstructed or made unsafe for operation of railroad traffic. In the event that an emergency occurs in connection with the work specified, the Railroad Company reserves the right to do any and all work that may be necessary to maintain railroad traffic. If the emergency is caused by the Contractor, the Contractor shall pay the Railroad Company for the cost of such emergency work. Protective services to protect the Railroad Company's facilities, property, and movement of its trains or engines, including railroad flagging and other devices, may be required by the Railroad Company as a result of the Contractor's operations The nature and extent of protective services, personnel and other measures required will in all cases be determined by the Railroad Company. Nothing in these specifications will limit the Railroad Company's right to determine and assign the number of personnel, the classes of personnel for protective services, nor other protective measures it deems necessary. When, in the opinion of the Railroad Company, the services of flaggers or security personnel are necessary for the protection of the Railroad Company's facilities by reason of the Contractor's operations, the Railroad Company will furnish such flaggers or security personnel as may be required. The Contractor shall notify the Railroad Company a minimum of *** 10 working days *** in advance of whenever the Contractor is about to perform work adjacent to the tracks to enable the Railroad Company to provide flagging or other protective service The Railroad Company's contact is: *** Andy Vulgas, (509) 350-3200, andy.vulgas@bnsf.com *** No act of the Railroad Company in supervising or approving any work shall reduce or in any way affect the liability of the Contractor for damages, expense, or cost which may result to the Railroad Company from the construction of this Contract. Unless otherwise provided, all personnel assigned by the Railroad Company, other than those engaged in performing work by the Railroad Company as listed under Construction Work by Railroad Company, will be considered protective personnel. In general, the Railroad Company will furnish protective services: a. For any excavation below the elevation of the track subgrade, if in the opinion of the Railroad Company's representative, the track or other railroad facilities may be subject to settlement or movement. 60 For all work over or adjacent to the track if, in the opinion of the Railroad Company's representative, said work represents a hazard to the Railroad Company. b. During any clearing, grubbing, grading, or blasting in proximity to the facilities, which in the opinion of the Railroad Company's representative, may endanger or interfere with railroad facilities or operations. c. When any of the Contractor's operations take place within or near railroad right of way and, in the opinion of the Railroad Company's representative, could endanger railroad facilities or create a hazard to railroad operations. Communications Linemen or Signalmen may be used to protect communications and signal facilities, if deemed necessary by the Railroad Company. There will be no cost to the Contractor for the railroad protective services unless such services result from the Contractor's failure to comply with the terms and conditions of its contract with the Contracting Agency or with its Contractor's Right of Entry Agreements with the Railroad Companies. Construction Work by Railroad Company The work by the Railroad Company as described below will be performed by the Railroad Company with its own forces at no cost to the Contractor: *** None *** All work which is performed by the Railroad Company at the Contractor's request and which is for the Contractor's benefit or convenience shall be at the Contractor's expense and the Contractor shall reimburse the Railroad Company for all costs for such work. The Contractor shall cooperate with the Railroad Company and so conduct operations that the necessary reconstruction of its facilities and the removal of existing facilities can be accomplished without interruption of service. Railroad Protective Liability Insurance The Contractor shall protect the Railroad Company and any other railroad company occupying or using the Railroad Company's rights of way or lines of railroad against all loss and damages arising from activities of the Contractor or the Contractor's forces or any of the Contractor's subcontractors or agents. The Contractor shall furnish for each Railroad Company the original and three certified copies of a Railroad Protective Liability Insurance Policy, naming the Railroad Company as the insured and providing for protection to the Railroad Company in the manner and form described in the Railroad Protective Liability Form as set forth below. Said insurance shall be executed by a corporation qualified to write insurance in the State of Washington in form and substance satisfactory to the Railroad Company and shall be delivered to the Engineer. The Engineer will submit the insurance to the Railroad Company for its approval. The Contractor shall not enter upon or use the Railroad Company's property until notified by the 61 Engineer of the Railroad Company's approval. The various blank sections of the Railroad Protective Liability Form shall contain the following information - Named Insured: Burlington Northern Santa Fe Railway 2650 Lou Menk Drive Fort Worth, TX 76131-2830 Limits of Liability. The combined single limit of the insurance company's liability under this policy to the insured shall be not less than $2,000,000 for all damages arising out of bodily injuries to or death of any person or persons and for all damages arising out of loss or destruction of or injury or damage to property in any one occurrence and $6,000,000 aggregate during the policy period. Said insurance policy executed by a corporation qualified to write the same in the State of Washington, shall be in form and substance satisfactory to the Railroad Company and shall be delivered to and approved by the Railroad Company prior to the entry upon or use of its property by the Contractor. All insurance specified above shall be carried until the physical completion date of the contract as described in Section 1-08.5 except as stated herein. When all the work involving construction activities within or immediately adjacent to the railroad right of way is completed, the Contractor may make a written request to the Engineer to be relieved of the responsibility to continue all or part of the insurance specified above. If the Engineer deems the portion of the work in that area is complete, the Engineer may approve the Contractor's request. However, if for any reason the Contractor resumes or starts any new work in that area (including being ordered to do so by the Engineer), the insurance shall be reinstated by the Contractor before the work is started. If the insurance must be reinstated because of the Contractor's operations or failure of the Contractor to perform all the contract requirements, the costs shall be the responsibility of the Contractor. If the insurance must be reinstated because of changes to the contract, the costs will be considered in accordance with Section 1-04.4. Other Insurance Requirements ***None *** Commercial General Liability Insurance A certificate of insurance providing proof of said Insurance, executed by a corporation qualified to write the same in the State of Washington, in form and substance satisfactory to the Railroad Company, shall be delivered to and approved by the Railroad Company prior to the entry upon or use of the Railroad Company's property by the Contractor. (August 7, 2006) Contractor's Right of Entry and Insurance Requirements - BNSF No work shall commence within BNSF Railway Company (BNSF) right of way until the Contractor has executed, delivered, and received in return the fully executed 62 Contractor's Right -of -Entry Agreement from BNSF, and has obtained all of the insurance required by the Railroad. All work within BNSF's right of way shall be in accordance with BNSF's Contractor Requirements and the Contractor's Right of Entry Agreement (See Appendix I). The Contractor, its subcontractors or agents, shall at its own expense, obtain and maintain in force all insurance required by BNSF until the completion date of the contract as described in Section 1-08.5 except as stated herein. When all the work involving construction activities within or immediately adjacent to the Railroad right of way is completed, the Contractor may make a written request to the Engineer to be relieved of the responsibility to continue the insurance required by BNSF. If the Engineer deems the portion of the work in that area is complete, the Engineer may approve the Contractor's request. However, if for any reason the Contractor resumes or starts any new work in that area (including being ordered to do so by the Engineer), the insurance shall be reinstated by the Contractor before the work is started. If the insurance must be reinstated because of the Contractor's activities or failure of the Contractor to perform all the contract requirements, the costs shall be the responsibility of the Contractor. If the insurance must be reinstated because of changes to the contract, the costs will be considered in accordance with Section 1-04.4. (******) In addition to the above, the Contractor must also comply with the following requirements: 1.01 General • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the Heritage Trails Project which consist of cleaning and painting the YAK YVT 3 Bridge. • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-1" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit "C-1". Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway's opinion, prosecutes the Project work in a manner which is hazardous to Railway 63 property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. o 1.01.06 The Contractor must notify the City of Yakima and Railway's Manager Public Projects, telephone number 206-625-6146 at least thirty (30) calendar days before commencing any work on Railway Property. Contractors notification to Railway, must refer to Railroad's file 099167M. • 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current "BNSF-UPRR Guidelines for Temporary Shoring" must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current "BNSF-UPRR Guidelines for Temporary Shoring". All submittal 64 drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance -of -Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.contractororientation.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. • 1.03.02 The Contractor must notify the Railway and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. • 1.03.03 The Contractor must abide by the following temporary clearances during construction: 65 • 15' Horizontally from centerline of nearest track • 21'-6" Vertically above top of rail • 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts • 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts • 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts • 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained' • 25' Horizontally from centerline of nearest track • 23'-3 1/2" Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the City of Yakima and must not be undertaken until approved in writing by the Railway, and until the City of Yakima has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell -tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell -tales or protective devices will be borne by the Agency. • 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by the City of Yakima for approval before work is undertaken and this work must not be undertaken until approved by the Railway. • 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor. • 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue 66 • 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan • 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.contractororientation.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway's Roadmaster (telephone 206- 625-6880) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25 -feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Representative, other 67 conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. • 1.05.03 Flagging services will be performed by qualified Railway flaggers. • 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. • 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day • 1.05.03c The cost of flagger services provided by the Railway will be borne by the City of Yakima The estimated cost for one (1) flagger is approximately between $800.00-$1,600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. • 1.05.03d The average mainline train traffic on this route is 6 freight trains per 24-hour period at a timetable speed 35 MPH. 1.06 Contractor General Safety Requirements • 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. 68 • 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). • 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railroad's representative in charge of the project must be notified. A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. • 1.06.06 Any damage to. Railway Property, or any -hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. • 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.contractororientation.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes, above -the -ankle lace -up and a defined heel; and d) high visibility retro -reflective work wear. 69 The Railroad's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi-visability work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE — Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.) • 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILROAD'S REPRESENTATIVE. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) • 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. • 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be, 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation • 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Field Engineering Representative (Rusty Olson 206-625-6189). All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have 70 underground utilities in the area and arrange for the location of all underground utilities before excavating. • 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. if the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. • 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting • 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non -containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting • 1 09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non -Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. 71 NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY 1 Accident City/St 2. Date. Time: County: 3 Temperature. 4. Weather (if non -Railway location) 5. Social Security # 6. Name (last, first, mi) 7. Address: Street: City. St. Zip 8 Date of Birth: and/or Age Gender (if available) 9. (a) Injury: (b) Body Part: (i.e. (a) Laceration (b) Hand) 11. Description of Accident (To include location, action, result, etc.) 12. Treatment: ? First Aid Only ? Required Medical Treatment ? Other Medical Treatment 13 Dr. Name 30 Date 14. Dr. Address: Street: City: St: Zip - 15 Hospital Name: 16. Hospital Address: Street: City. St: Zip. 17 Diagnosis: FAX TO RAILWAY AT (817) 352-7595 AND COPY TO RAILWAY ROADMASTER FAX 72 1-07.23 Public Convenience and Safety Construction Under Traffic Section 1-07.23(1) is supplemented with the following: (March 13, 1995) During the hours that cleaning and painting operations are actually in progress, traffic may be restricted as follows: No trolley cars or pedestrians will be allowed to cross the bridge. Whenever the Contractor's operations require lane reductions restricting the flow of traffic on multiple lanes in the same direction, the Contractor shall furnish, maintain, and operate a sequential arrow sign, for each lane closure, as specified in the Special Provision SEQUENTIAL ARROW SIGN. If the Engineer determines that such lane restrictions are causing traffic congestion, the Contractor shall open all lanes to traffic until the congestion is eliminated. For movable span structures, the Contractor's operations shall be arranged to permit the opening of the moveable span whenever required by marine traffic. Bridge sidewalks shall be kept clear and open to maintain safe pedestrian traffic 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 (May 25, 2006 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. 73 The Contractor shall prepare and submit at the preconstruction meeting 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 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. Subcontracting Section 1-08.1 is supplemented with the following: 74 (October 12, 1998) Prior to any subcontractor or lower tier subcontractor beginning work, the Contractor shall submit to the Engineer a certification (WSDOT Form 420-004) that a written agreement between the Contractor and the subcontractor or between the subcontractor and any lower tier subcontractor has been executed. This certification shall also guarantee that these subcontract agreements include all the documents required by the Special Provision Federal Agency Inspection. A subcontractor or lower tier subcontractor will not be permitted to perform any work under the contract until the following documents have been completed and submitted to the Engineer: 1 Request to Sublet Work (Form 421-012), and 2. Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal -aid Projects (Form 420-004). The Contractor's records pertaining to the requirements of this Special Provision shall be open to inspection or audit by representatives of the Contracting Agency during the life of the contract and for a period of not less than three years after the date of acceptance of the contract. The Contractor shall retain these records for that period. The Contractor shall also guarantee that these records of all subcontractors and lower tier subcontractors shall be available and open to similar inspection or audit for the same time period. 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. Time For Completion (March 13, 1995) Section 1-08.5 is supplemented with the following. This project shall be physically completed within *** 45 *** working days. (June 28, 2007 APWA GSP, Option A) Revise the third and fourth paragraphs to read: 75 Contract time shall begin on the first working day following the Notice to Proceed Date. Each working day shall be charged to the contract as it occurs, until the contract work is physically complete. If substantial completion has been granted and all the authorized working days have been used, charging of working days will cease. Each week the Engineer will provide the Contractor a statement that shows the number of working days: (1) charged to the contract the week before; (2) specified for the physical completion of the contract; and (3) remaining for the physical completion of the contract. The statement will also show the nonworking days and any partial or whole day the Engineer declares as unworkable. Within 10 calendar days after the date of each statement, the Contractor shall file a written protest of any alleged discrepancies in it. To be considered by the Engineer, the protest shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of time disputed. By not filing such detailed protest in that period, the Contractor shall be deemed as having accepted the statement as correct. If the Contractor elects to work 10 hours a day and 4 days a week (a 4-10 schedule) and the fifth day of the week in which a 4-10 shift is worked would ordinarily be charged as a working day then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day. Revise the sixth paragraph to read: The Engineer will give the Contractor written notice of the completion date of the contract after all the Contractor's obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical work on the project must be complete; and 2 The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. Certified Payrolls (Federal -aid Projects) b. Material Acceptance Certification Documents c. Annual Report of Amounts Paid as MBE/WBE Participants or Quarterly Report of Amounts Credited as DBE Participation, as required by the Contract Provisions. d. Final Contract Voucher Certification e. Property owner releases per Section 1-07.24 1-09 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. 76 However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by Engineer. 1-09.9 Payments (October 10, 2008 APWA GSP) Revise the first paragraph to read: The basis of payment will be the actual quantities of Work performed according to the Contract and as specified for payment. For items Bid as lump sum, with a bid price of more than or equal to $20,000, the Contractor shall submit a breakdown of their lump sum price in sufficient detail for the Project Engineer to determine the value of the Work performed on a monthly basis. Lump sum breakdowns shall be provided to the Project Engineer no later than the date of the preconstruction conference. Delete the third paragraph and replace it with the following: Progress payments for completed work and material on hand will be based upon progress estimates prepared by the Engineer. A progress estimate cutoff date will be established at the preconstruction conference. The initial progress estimate will be made not later than 30 days after the Contractor commences the work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the work are tentative, and made only for the purpose of determining progress payment. The progress estimates are subject to change at any time prior to the calculation of the Final Payment. The value of the progress estimate will be the sum of the following: 1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of work completed multiplied by the unit price. 2. Lump Sum Items in the Bid Form — partial payment for lump sum Bid items will be a percentage of the price in the Proposal based on the Engineer's determination of the amount of Work performed, with consideration given to, but not exclusively based on, the Contractor's lump sum breakdown for that item. 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site or other storage area approved by the Engineer. 4. Change Orders — entitlement for approved extra cost or completed extra work as determined by the Engineer. Progress payments will be made in accordance with the progress estimate less. 1. Retainage per Section 1-09.9(1); 2. The amount of Progress Payments previously made; and 3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents. Progress payments for work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any work has been satisfactorily completed. The determination of payments under the contract will be final in accordance with Section 1-05.1 77 Payments will be made by warrants, issued by the Contracting Agency's fiscal officer, against the appropriate fund source for the project. Payments received on account of work performed by a subcontractor are subject to the provisions of RCW 39.04 250. 1-09.13(3) Claims $250,000 or Less (October 1, 2005 APWA GSP) Delete this Section and replace it with the following: The Contractor and the Contracting Agency mutually agree that those claims that total $250,000 or less, submitted in accordance with Section 1-09.11 and not resolved by nonbinding ADR processes, shall be resolved through litigation unless the parties mutually agree in writing to resolve the claim through binding arbitration. DIVISION 2 EARTHWORK REMOVAL OF STRUCTURES AND OBSTRUCTIONS Construction Requirements (*****) Removal and Disposal of Hazardous Material Hazardous material is suspected to exist on this project. Approximate limits of contamination are identified in the Plans. The site history, prior studies and/or test results indicate a potential for encountering *** lead-based paint to be removed from the bridge. ***. Copies of the environmental reports are available for review at the Engineer's office. All necessary permits for this work will be furnished by the Contracting Agency The Contractor is responsible for all work, records, and reports required to perform the work described in this section. The Contractor shall perform all testing of suspected hazardous or contaminated material. The Contractor shall notify the Engineer 10 working days prior to beginning work in the area identified in the Plans as contaminated. The Contractor shall notify the Engineer immediately if contamination is discovered in areas other than those identified in the Plans, or is suspected through observations such as an oily sheen or discolored soils that may or may not emit strong chemical odors. Contaminated Soil and Hazardous Material All material that is designated by the Engineer to be removed shall be handled and stored in a manner that prevents the spread of contamination to adjacent soil or water. Separate stockpiles shall be maintained for known hazardous or contaminated material and for suspected hazardous or contaminated material The Contractor shall transport hazardous or contaminated material and dispose of it at a permitted facility. The Contractor shall provide the Engineer with a copy of the 78 shipping manifest or bill of lading indicating the amount of material hauled to disposal, and bearing the disposal site operator's confirmation for receipt of the material. Contaminated Water All water that is removed from the areas of contamination, including free water that leeches from contaminated soil stockpiles or water that is suspected of being contaminated, shall be collected, handled and stored in a manner that prevents the spread of contamination to adjacent soil or water. The Contractor shall transport contaminated water and dispose of it at a permitted facility. The Contractor shall provide the Engineer with a copy of the shipping manifest or bill of lading indicating the amount of material hauled to disposal, and bearing the disposal site operator's confirmation for receipt of the material. Payment (August 1, 2005) "Hazardous Material Handling And Disposal", by force account as provided in Section 1-09.6. Handling and storing hazardous waste and contaminated soils, collecting, handling and storing contaminated water, and transporting and disposing of hazardous or contaminated materials at an approved facility will be paid by force account under the item "Hazardous Material Handling And Disposal". To provide a common basis for all bidders, the Contracting Agency has entered an amount in the proposal to become a part of the Contractor's total bid. "Hazardous Material Excavation", per cubic yard. The unit contract price for "Hazardous Material Excavation" shall be full pay for all costs associated with excavating the material designated to be removed, hauling it to the stockpile, and loading the material from the stockpile for transport to the disposal site. 79 2-07 WATERING 2-07.1 Description Add the following: The Contractor shall be solely responsible for dust control on this project and shall protect motoring public, adjacent homes and businesses, orchards, crops, and school yards from damage due to dust, by whatever means necessary. The Contractor shall be responsible for any claims for damages and shall protect the Contracting Agency, Yakima County, and the Consultant from any and all such claims. When directed by the Engineer, the Contractor shall provide water for dust control within two hours of such order and have equipment and manpower available at all times including weekends and holidays to respond to orders for dust control measures. 2-07.3 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: 80 Water will be measured with the metered hydrant connection. 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 6 STRUCTURES PAINTING Section 6-07 is deleted in its entirety and replaced with the following: 6-07 PAINTING 6-07.1 Description This work consists of containment, surface preparation, shielding adjacent areas from unwanted surface preparation, testing and disposing of surface preparation debris, furnishing and applying paint, shielding adjacent areas from unwanted paint, and cleaning up after painting is completed. The work shall comply with all requirements of the Plans, these Specifications, and the Engineer. Terminology used herein is in accordance with the definitions used in Volume 2, Systems and Specifications of the SSPC Steel Structures Painting Manual. (March 6, 2000) This work shall consist of cleaning and painting all exposed metal surfaces of Bridge No(s). *** YAK YVT 3 ***, in accordance with Section 6-07.3(2), except as otherwise noted below. Portions of the structure(s) excluded from this work include: *** None *** 6-07.2 Materials Materials shall meet the requirements of the following Paint Powder Coating Materials for Coating Galvanized Abrasive Blast Media Lead Abatement Additive Bird Guano Treatment Fungicide Treatment Water Filter Fabric Single Component Urethane Sealant 81 sections: 9-08.1 Surfaces 9-08.2 9-08.4(1) 9-08.4(2) 9-08.5(1) 9-08.5(2) 9-08.5(3) 9-08.6 9-08.7 Foam Backer Rod 9-08.8 6-07.3 Construction Requirements 6-07.3(1) Work Force Qualifications 6-07.3(1)A Work Force Qualifications for Shop Application of Paint Facilities for shop application of paint shall either be selected from one of the facilities listed in the WSDOT Qualified Products List as an approved coating facility for new steel structures, or shall be approved through the WSDOT Request for Approval of Material process. 6-07.3(1)B Work Force Qualifications for Field Application of Paint The Contractor preparing the surface and applying the paint shall be certified under SSPC-QP 1. The Contractor removing and otherwise disturbing existing paint containing lead and other hazardous materials shall be certified under SSPC-QP 2 Category A. In lieu of the above SSPC certifications, the Contractor performing the specified work may complete one of the following actions. 1. The Contractor may substitute documentation of successful completion of two bridge painting projects in the past ten years involving complete paint removal, including paint containing lead and other hazardous materials, with reapplication of a three component moisture -cured polyurethane paint system. The documentation shall include the name and size of the project, the dates of the work, the owner, and name and contact information for an owner's contact person. 2. The Contractor's quality control inspector(s) for the project shall be NACE certified CIP Level 3. 6-07.3(2) Submittals The Contractor shall submit a painting plan to the Engineer for approval in accordance with Section 1-05.3. For shop application of paint, the painting plan shall include the documents listed in Section 6-07.3(2)B and Section 6-07.3(2)E item 2, the product data sheet for the primer coat with coefficient of friction certification, and paint samples in accordance with Section 6-07.3(7). For field application of paint, the painting plan shall include the documents listed in Section 6-07.3(2)A through Section 6-07 3(2)F. 6-07.3(2)A Work Force Qualifications Submittal Component The work force qualifications submittal component of the painting plan shall include the following. 1. Documentation of the Contractor's workforce qualifications as specified in Section 6-07.3(1). 2. Resume of qualifications and contact information for the Contractor's on-site supervisors. An on-site supervisor shall be present for each work shift at the bridge site, and each on-site supervisor shall have three years minimum of industrial painting field experience with one year minimum of field supervisory or management experience in paint removal projects. 82 6-07.3(2)B Contractor's Quality Control Program Submittal Component The Contractor's quality control program submittal component of the painting plan shall include the following: 1. Description of the inspection procedures and techniques, and the acceptance criteria for all phases of work. 2. Procedure for implementation of corrective action. 3. The paint system manufacturer's recommended methods of preventing defects. 4. The Contractor's frequency of quality control inspection. 5. Description of the equipment used for inspection of prepared surfaces and inspection of paint. 6. Example completed form(s) of the daily quality control report used to document the inspection work and tests performed by the Contractor's quality control personnel. 6-07.3(2)C Paint System Manufacturer and Paint System Information Submittal Component The paint system manufacturer and paint system information submittal component of the painting plan shall include the following: 1. Product data sheets and information on the paint materials, paint preparation, and paint application, as specified by the paint manufacturer, including: a. Samples and documents specified in Section 6-07.3(7) for each paint and thinner. b. All application instructions including the mixing and thinning directions c. Recommended spray nozzles and pressures. d. Minimum and maximum drying time between coats. e. Restrictions on temperature and humidity. f. Repair procedures as specified in Section 6-07.3(10)P. g. Maximum dry film thickness for each coat. 2. Identification of, and contact information for, the paint system manufacturer's technical representative. 3. For painting of new steel, the friction coefficient of the faying surface, including test results and the paint manufacturer's Certificate of Compliance in support of the friction coefficient. 6-07.3(2)D Hazardous Waste Containment, Collection, Testing and Disposal Submittal Component The hazardous waste containment, collection, testing and disposal submittal component of the painting plan shall include the following: 1. Filter fabric attachment and support in accordance with Section 6-07.3(10)A. 2. Abrasive blasting containment system attachment and support in accordance with Section 6-07.3(10)A. 83 3. Details of job site material storage facilities and containment waste storage facilities, including location, security, and environmental control. 4. Methods and materials used to contain, collect, and dispose of all containment waste and all construction related waste including transportation of waste. 5. Details of the containment waste sampling plan conforming to Chapter 173- 303 WAC for waste designated as dangerous waste or extremely hazardous waste. 6. The name of, and contact information for, the accredited analytical laboratory performing the testing of the containment waste samples in accordance with Section 6-07.3(10)F 7. Process for tracking the disposal of hazardous waste, including a sample form of the tracking documentation. 6-07.3(2)E Cleaning and Surface Preparation Equipment Submittal Component The cleaning and surface preparation equipment submittal component of the painting plan shall include the following - 1. Details of the water jetting operation, including: a. Water source. b. A list and description of the water jetting equipment, including maximum water discharge rates and pressure. c. Methods and materials used to protect vehicular and pedestrian traffic from wash water when conducting overhead water jetting operations. 2. Details of the abrasive blast cleaning operation, including: a. Description of the abrasive blast cleaning procedure b. Type, manufacturer, and brand, of abrasive blast material and all associated additives, including Materials Safety Data Sheets (MSDS). c. Description of the abrasive blast cleaning equipment to be used 6-07.3(2)F Paint Application Equipment and Operations Submittal Component The paint application equipment and operations submittal component of the painting plan shall include the following: 1. Description of the equipment used for paint application operations. 2. Details of job site material storage facilities, including location, security, and environmental control. 3. Description of the supports and platforms used to support equipment, materials, and workers, including scaffolds, platforms, accordion lifts, and barges, and the methods used to attach, moor and anchor these supports and platforms. 4. Drip tarps in accordance with Section 6-07.3(10)0 5. Methods and materials used to protect surrounding structures, equipment, and property from exposure to, and damage from, painting operations. 84 6. Details of paint application operations for areas of limited and restricted access. 7. Description of the method for the removal of any accidental spills or drips on traffic that occur during the normal painting operations, and provisions for providing a vehicle cleaning station. 6-07.3(2)G Painting Plan Meeting At the option of the Contracting Agency, a painting plan meeting may be scheduled following review of the Contractor's initial submittal of the plan. The Contractor shall be represented by the superintendent, on-site supervisors and quantity control inspectors. 6-07.3(3) Quality Control and Quality Assurance 6-07.3(3)A Quality Control and Quality Assurance for Shop Application of Paint For shop application of paint, quality control procedures shall be as approved by the Engineer. 6-07.3(3)B Quality Control and Quality Assurance for Field Application of Paint For field application of paint, the Contractor shall conduct quality control inspections as required by SSPC-PA 1, using the personnel and the processes outlined in the painting plan as approved by the Engineer. The Contractor shall maintain current copies of SSPC Painting Manual Volumes 1 and 2 at the project site at all times. The Contractor's quality control operations shall include monitoring and documenting the following: 1. Equipment, personnel, and materials used. 2. Environmental conditions (ambient air temperature and humidity, steel surface temperature, dew point, wind direction and velocity). 3. Steel surface condition, profile, and preparation. 4. Paint application and film thickness. A copy of the Contractor's daily quality control report, signed and dated by the Contractor's quality control inspector, accompanied by copies of the test results of quality control tests performed on the work covered by the daily quality control report, shall be submitted to the Engineer before the end of the next day's work shift. The Contractor shall provide the Engineer time and access to perform quality assurance testing. Each painting operation phase shall be considered a hold point, from which the Contractor shall not proceed with continuing work until receiving the Engineer's approval. The Engineer may perform quality assurance testing at each of the following phases of painting operations: 1. After SSPC-SP 1 cleaning. 2. After water jetting. 3. After abrasive blast cleaning, hand and power tool surface cleaning, and compressed air surface cleaning. 4. After applying each coat when dry. 5. During final inspection of all work at the end of the project. 85 Quality assurance testing may include the following tests: 1. Environmental conditions for painting in accordance with ASTM D 337. 2. Cleanness of abrasive blasting media and ionic contamination of abrasive blasting media in accordance with ASTM D 4940 3. Cleanness of compressed air in accordance with ASTM D 4285. 4. Pictorial of surface preparation standards in accordance with SSPC-VIS 1, 3, 4 and 5. 5. Surface profile by Keanne-Tator comparator in accordance with ASTM D 4417. 6. Surface profile by replica tape in accordance with ASTM D 4417. 7. Wet film thickness in accordance with ASTM D 4414. 8. Dry film thickness by magnetic gauge in accordance with SSPC-PA 2 modified. 9. Dry film thickness by Tooke gauge in accordance with ASTM D 4138. The Contractor shall repair all damage to paint resulting from Contracting Agency quality assurance inspections at no additional cost or time to the Contracting Agency 6-07.3(4) Paint System Manufacturer's Technical Representative The paint system manufacturer's technical representative shall be present at the job site for the pre -painting conference and for the first day of paint application, and shall be available for consultation for the full project duration. 6-07.3(5) Pre -Painting Conference A pre -painting conference shall be held five to ten working days before beginning painting operations to discuss the painting plan, construction operations, personnel, and equipment to be used. Those attending shall include: 1. (representing the Contractor) The superintendent, on-site supervisors, and all crew members in charge of cleaning and preparing the surfaces, containing, collecting and disposing of all removed materials, applying the paint, and performing all quality control inspections, measurements and tests; and the paint system manufacturer's technical representative, and 2. (representing the Contracting Agency) The Project Engineer, key inspection assistants, and representatives of the WSDOT HQ Construction Office If the Contractor's key personnel change between any work operations, an additional conference may be held. For projects including painting of multiple structures, a separate conference may be held for each structure, at the discretion of the Engineer. 6-07.3(6) Paint Containers, Storage and Handling 6-07.3(6)A Paint Containers Paint container labels shall include the following information: 1. Manufacturer's name and product name, with batch number. and date of manufacture 2. Color name and Federal Standard 595 color number, where applicable. 3. Shelf life of the product, from date of batch manufacture. 86 4. Storage requirements and temperature limits. Paint containers shall conform to U.S. DOT hazardous material shipping regulations. Paint shall be delivered to the job site in the manufacturer's original unopened containers with the original manufacturer's label legible and intact. Paint will be rejected if the container has a puncture, or if the lid shows signs of paint leakage. Each container shall be filled with paint and sealed airtight. Each container shall be filled with the amount of paint required to yield the specified quantity when measured at 70F All paint shall be shipped in new suitable containers having a capacity not greater than five gallons. 6-07.3(6)B Paint Storage Paint materials shall not be used or stored on site after the shelf life expiration date. Paint material shipping, handling and storage shall conform to Sections 1-06.4 and 9-08.1(4) and the following requirements: 1. Paint materials shall be stored in the manufacturer's original containers in a weather -tight space where the temperature is maintained within the storage temperature range recommended by the paint manufacturer, but in no case where the temperature is lower than 40F or greater than 100F. 2. The Contractor shall monitor the paint material storage facility with a high -low recording thermometer device. 3. The paint material storage facility shall be separate from the storage facilities used for storing painting equipment and used for storing containment waste and construction generated waste. 6-07.3(7) Paint Sampling and Testing The Contractor shall provide the Engineer one quart of each paint and each thinner representing each lot. Samples shall be accompanied with a Material Safety Data Sheet and a paint drawdown sample. If the quantity of paint required for each component of the paint system for the entire project is 20 gallons or less, then the paint system components will be accepted as specified in Section 9-08.1(7) with a paint draw down sample. Sampling and testing performed by the Contracting Agency shall not be construed as determining or predicting the performance or compatibility of the individual paint, or the completed paint system. 6-07.3(8) Equipment 6-07.3(8)A Paint Film Thickness Measurement Gages Paint dry film thickness measurements shall be performed with either a Type 1 pull off gage or a Type 2 electronic gage as specified in SSPC Paint Application Specification No. 2 Measurement of Dry Paint Thickness with Magnetic Gages. Paint wet film thickness measurement gages shall be stainless steel with notches graduated in 1 mil increments. 6-07.3(9) Painting New Steel Structures All materials classified as non -galvanized structural steel shall be painted with a three -coat paint system as specified in Section 6-07.3(9)A. The primer coat shall be shop applied. The intermediate and top coats shall be field applied after erection and following any primer coating repair operations. 87 Steel surfaces embedded in concrete, and faying (contact) surfaces of bolted connections (including all surfaces internal to the connection and all filler plates) shall receive the primer coat only. Stainless steel surfaces are not required to be painted Welded shear connectors are not required to be painted except for the weld area Temporary attachments or supports for scaffolding or forms shall not damage the paint system. 6-07.3(9)A Paint System The paint system applied to new steel surfaces shall consist of the following: Primer Coat: Section 9-08.1(2)C Intermediate Coat: Section 9-08.1(2)G Top Coat Section 9-08.1(2)H The Contractor shall select a primer coat, intermediate coat, and top coat from the approved products listed in the current Qualified Products List, with all products selected for a system produced by the same manufacturer The paint system selected shall be used throughout the entire structure. Paint formulations to be used on faying surfaces shall be Class B coatings with a mean slip coefficient not less than 0.50. The slip coefficient shall be determined by testing in accordance with "Test Method to Determine the Slip Coefficient for Coatings Used in Bolted Joints" as adopted by the Research Council on Structural Connections. 6-07.3(9)B Paint Color Each successive coat shall be a contrasting color to the previously applied coat. The color of the topcoat shall be as specified in the Plans or Special Provisions, and shall conform to Section 9-08.1(8). 6-07.3(9)C Mixing and Thinning Paint Paint shall be mixed in accordance with the manufacturer's written recommendations to a smooth, lump -free consistency. Mixing shall be done, to the extent possible, in the original containers and shall be continued until all of the metallic powder or pigment is in suspension. The mixed paint shall be kept under continuous agitation up to and during the time of application. 6-07.3(9)D Coating Thickness Dry film thickness shall be measured in accordance with SSPC Paint Application Specification No 2 Measurement of Dry Paint Thickness with Magnetic Gages The dry film thickness for the primer coat shall not be less than 2.5 mils nor greater than the paint manufacturer's maximum recommended thickness. The minimum dry film thickness for the intermediate coat shall be 3 5 mils. The minimum dry film thickness for the top coat shall be 1 0 mil. If the specified number of coats does not produce a combined dry film thickness of at least the sum of the thicknesses required per coat, the Contractor shall apply another full coat of the top coat of paint. The dry film thickness shall not be thicker than the paint manufacturer's recommended maximum thickness. 6-07.3(9)E Surface Temperature Requirements Prior to Application of Paint For application of the paint system, the temperature of the steel surface shall be greater than 40F and less than 115F. 88 6-07.3(9)F Shop Surface Cleaning and Preparation A roughened surface profile shall be provided by an abrasive blasting procedure as approved by the Engineer. The profile shall be one mil minimum or in accordance with the paint manufacturer's recommendations, whichever is greater. The entire steel surface to be painted shall be cleaned to a near white condition in accordance with SSPC-SP 10 and shall be in this condition immediately prior to paint application. 6-07.3(9)G Application of Shop Primer Coat After receiving the Engineer's approval of the prepared surface, the primer shall be applied so as to produce a uniform, even coating that has fully bonded with the metal. Primer shall be applied with the spray nozzles and pressures recommended by the manufacturer of the paint system, so as to attain the film thicknesses specified. Top flange surfaces to be embedded in concrete shall receive a mist coat of the specified primer. Welded shear connectors, if installed in the shop, shall not receive paint except for incidental overspray. If the welded shear connectors are to be placed in the field, the area to be welded shall be prepared to SSPC-SP 11 power tool cleaning just prior to welding. After welding, the ground area and the weld shall be cleaned to SSPC-SP 11 and primed. The Contractor shall provide access to the steel to permit inspection as approved by the Engineer. The access shall not mar or damage any freshly painted surfaces High strength field bolts shall not be painted before erection. 6-07.3(9)H Containment for Field Coating The Contractor shall use a containment system in accordance with Section 6- 07.3(10)A. 6-07.3(9)1 Application of Field Coatings All uncoated areas shall receive a field primer coat of an organic zinc paint selected from the same approved paint system and paint manufacturer as the other paint for the structure. The intermediate and top coats shall be applied in accordance with the manufacturer's written recommendations. The minimum drying time between coats shall be as shown in the approved product data sheets, but not less than 12 hours. The Contractor shall determine if the paint has cured sufficiently for proper application of succeeding coats. The maximum time between intermediate and top coats shall be in accordance with the manufacturer's written recommendations. If the maximum time between coats is exceeded, all newly coated surfaces shall be prepared to SSPC-SP 7 brush- off blast cleaning and shall be re -painted with the same paint that was cleaned at no additional cost to the Contracting Agency. Dry film thickness measurements will be made in accordance with Section 6- 07.3(9)D. All paint damage that occurs shall be repaired in accordance with the manufacturer's written recommendations and as approved by the Engineer. On bare areas or areas of insufficient primer thickness, the repair shall include the application of the field applied organic zinc primer system, and the final two coats of the paint system. On areas where the primer is at least equal to the minimum required dry film thickness, the repair shall include the application of the final two coats of the 89 paint system. All paint repair operations shall be performed by the Contractor at no additional cost or time to the Contracting Agency. 6-07.3(10) Painting Existing Steel Structures Painting existing steel structures includes providing containment, cleaning, preparing the surface, painting metal surfaces and disposal of generated waste. Painting of existing steel structures shall be done in the following sequence: 1 Containment. 2. Bird guano, fungus and vegetation removal. 3. Dry cleaning. 4. Surface preparation. 5 Treatment of pack rust and gaps. 6. Paint system application. (March 6, 2000) The Contractor *** shall not *** paint the existing utility company conduits attached to the structure, such as sewer, water, gas and telephone. The Contractor shall protect the utilities from damage due to operations on the bridges. (March 6, 2000) A portion of the work involved in this project is located over or near railroad facilities. The Contractor shall exercise great care in all operations in order that no interruptions or damage will occur to the railroad trains or facilities. The Contractor shall contact the Railroad Company regarding the times and the conditions under which cleaning and painting work over or adjacent to railroad tracks may be accomplished 6-07.3(10)A Containment The containment system shall be in accordance with SSPC Technology Guide No. 6 Guide for Containing Surface Preparation Debris Generated During Paint Removal Operations Class 2. The Contractor shall protect the surrounding environment from all debris or damage resulting from the Contractor's operations. The containment length shall not exceed the length of a span (defined as pier to pier). The containment system shall not cause any damage to the existing structure. All clamps and other attachment devices shall be padded or designed such that they shall not mark or otherwise damage the steel member to which they are attached. All clamps and other attachment devices shall be fully described in the Contractor's painting plan submittal as approved by the Engineer. Field welding of attachments to the existing structure will not be allowed. The Contractor shall not drill holes into the existing structure or through existing structural members except as shown in the Contractor's painting plan submittal as approved by the Engineer All provisions for dust collection, ventilation and auxiliary lighting within the containment system shall be fully described the Contractor's painting plan submittal as approved by the Engineer. The containment system shall be capable of being removed rapidly in case of high winds The Engineer will make the final determination on whether operations shall cease. 90 Emissions shall be limited to the Level 2 Emissions standard in SSPC Technology Guide No. 6 Section 5.5 and assessed by Method A Visible Emissions. If failure to the containment system occurs or if signs of failure to the containment system are present, the Contractor shall stop work immediately. Work shall not resume until the failure has been corrected to the satisfaction of the Engineer. The containment system shall not be removed until all cleaned and painted surfaces have been inspected and approved by the Engineer. Prior to beginning work each day, all containment systems shall be inspected by the Contractor to verify they are in place and functioning properly. Any necessary maintenance to restore full function shall be completed prior to beginning work. 6-07.3(10)B Bird Guano, Fungus and Vegetation Removal Bird guano and bird nesting materials shall be removed in the dry. Following dry removal, the Contractor shall apply a treatment solution in accordance with Section 9-08.5(1), followed by hand scrubbing, and rinsing with water in accordance with Section 9-08 5(3). The bird guano, bird nesting materials and the treatment solution shall be contained and collected. The Contractor shall treat all areas of fungus growth and vegetative growth. The Contractor shall apply a treatment solution in accordance with Section 9-08.5(2) to the fungus areas for a period recommended by the solution manufacturer or as specified by the Engineer, but in no case Tess than five minutes. The fungus, vegetative growth and the treatment solution shall be contained and collected. Bird guano, bird nesting materials, fungus and vegetative growth shall be disposed of at a land disposal site approved by the Engineer. The Contractor shall provide the Engineer with one copy of the disposal receipt, which shall include a description of the disposed material. 6-07.3(10)C Dry Cleaning Dry cleaning shall include removal of accumulated dirt and debris on the surfaces to be painted. Collected dirt and debris shall be disposed of at a land disposal site approved by the Engineer. The Contractor shall provide the Engineer with one copy of the disposal receipt, which shall include a description of the disposed material. 6-07.3(10)D Surface Preparation prior to Overcoat Painting The Contractor shall remove any visible oil, grease, soluble welding residues, salts and other contaminants in accordance with SSPC SP1. Following any preparation by SSPC-SP1, all steel surfaces to be painted shall be prepared in accordance with either SSPC-SP 12 WJ-4/LP WC water jetting surface cleaning, or SSPC-SP 7 brush-off blast cleaning. Surfaces inaccessible to water jetting or brush-off blast shall be prepared in accordance with SSPC-SP 15 commercial grade power tool cleaning, as allowed by the Engineer. Following water jetting or brush-off blast cleaning, the Contractor shall perform spot abrasive blast cleaning in accordance with SSPC-SP 6 commercial blast cleaning. Spot abrasive blast cleaning shall be performed in such a manner that the adjacent areas of work are protected from damage. Areas exhibiting coating failure down to the steel substrate, and which exhibit visible corrosion, shall be prepared down to clean bare steel in accordance with SSPC-SP 6. Exposed steel areas that have average exposed diameter Tess than 1-1/2 inches and no other similar area closer than 4 inches, do not require spot abrasive blast cleaning or edge feathering, 91 unless required by the Engineer. The Contractor shall provide a sharp angular surface profile by an abrasive blasting procedure as approved by the Engineer. The profile shall be one mil minimum, or in accordance with the paint manufacturer's recommendations, whichever is greater. For small areas as allowed by the Engineer, the Contractor may substitute cleaning in accordance with SSPC-SP 11 power tool cleaning. The prepared area shall extend at least 2 inches into adjacent tightly adhering, intact coating. Following spot abrasive blast cleaning of exposed steel surfaces, edges of tightly adherent coating remaining shall be feathered so that the recoated surface has a smooth appearance. Water jetting shall be performed with water conforming to Section 9-08.5(3). Immediately prior to painting, the Contractor shall clean all steel surfaces and staging areas with dry, oil -free compressed air conforming to ASTM D 4285. Cleaning methods may expose surface imperfections, which were not previously observed. The imperfections should be repaired immediately and the area re- cleaned to the original surface preparation. If welding is involved in the repair procedure, any contamination resulting from the welds must be removed in accordance with SSPC-SP 1 prior to cleaning and welds must be prepared according to specification. 6-07.3(10)E Surface Preparation - Full Paint Removal For structures where full removal of existing paint is specified, all steel surfaces to be painted shall be prepared in accordance with SSPC-SP 10 near -white metal blast cleaning. Surfaces inaccessible to near -white metal blast cleaning shall be prepared in accordance with SSPC-SP 11 power tool cleaning to bare metal, as allowed by the Engineer 6-07.3(10)F Collecting, Testing and Disposal of Containment Waste The sealed waste containers shall be labeled as required by State and Federal laws. All confined materials shall be collected and secured in sealed containers at the end of each shift or daily at a minimum to prevent the weight of the confined materials from causing failure to the containment system The sealed waste containers shall be stored in accordance with Section 1-06.4, the painting plan as approved by the Engineer, and the following requirements: 1. The containers shall be stored on an impermeable surface that accommodates sweeping or vacuuming. 2. Landside storage of the containers shall be at an elevation above the ordinary high water level (OHWL) elevation. The container storage area shall not be in a storm water runoff course and shall not be in an area of standing water. 3. The container storage area shall be fenced, secured site, separate from the storage facilities for paint materials and paint equipment. 4. The containers shall not be stored at the on-site landside storage site for longer than 90 calendar days. All material collected by and removed from the containment system shall be taken to a landside staging area, provided by the Contractor and approved by the Engineer, for further processing and storage prior to transporting for disposal. Handling and storage of material collected by and removed from the containment system shall conform to Section 1-06.4. Storage of containment waste materials 92 shall be in a facility separate from the storage facilities used for paint materials and paint equipment. Containment waste is defined as all paint chips and debris removed from the steel surface, and all abrasive blast media, as contained by the containment system. After all waste from the containment system has been collected, the Contractor shall have a minimum of three samples of the wastes tested by an accredited analytical laboratory. Each sample shall be taken from a different storage container unless directed otherwise by the Engineer. The debris shall be tested for metals using the Toxicity Characteristics Leaching Procedure (TCLP), EPA Methods 1311 and 6010. At a minimum, the materials to be analyzed shall include Arsenic, Barium, Cadmium, Chromium Coppers, Lead, Mercury, Nickel, Selenium, Silver and Zinc. If the average of the tested samples is at or above all threshold limits as stated in the Dangerous Waste Regulation, Chapter 173-303 WAC, the containment waste will be designated as "Dangerous Waste" and shall be disposed of at a permitted hazardous waste repository. If the average of the tested samples is below the threshold limits, the containment waste will be designated as "Solid Waste" and shall be disposed at a permitted sanitary landfill that will accept the waste. Disposal shall be in accordance with Chapter 173-303 WAC for waste designated "Dangerous Waste" or "Extremely Hazardous Waste" and in accordance with Chapter 173-304 WAC for waste designated as "Solid Waste". The Contractor shall supply two copies of the transmittal documents or bill of lading listing the waste material shipped from the construction site to the waste disposal site. One copy of the shipment list shall show the signature of the Engineer and shall have the waste site operator's confirmation for receipt of the waste. In the event that the containment wastes are designated as "Dangerous Wastes" or "Extremely Hazardous Waste" under Chapter 173-303 WAC, the Contracting Agency will provide to the Contractor the appropriate EPA identification number. Unless noted otherwise a waste site will not be provided by the Contracting Agency for the disposal of excess materials and debris. The Contractor shall submit one copy of all TCLP results to the Engineer. The Contractor shall submit waste disposal documentation to the Engineer within 15 working days of each disposal. This documentation shall include the quantity and type of waste disposed of with each disposal shipment. 6-07.3(10)G Treatment of Pack Rust and Gaps Pack rust is defined as the condition where two or more pieces of steel fastened together by rivets or bolts have been pressed apart by crevice corrosion caused by the build up of corrosion products at the interface of the steel pieces. Pack rust forming a gap between steel surfaces of 1/16 inch or greater shall be cleaned to a depth of one half of the gap width, up to a maximum of 1/4 inch. The cleaned gap shall be treated with rust penetrating sealer, and caulked to form a watertight seal along the top edge and the two sides of the steel pieces involved, using the rust penetrating sealer and caulk as approved by the Engineer. The bottom edge or lowest edge of the steel pieces involved shall not be caulked. The type of rust penetrating sealer and caulk used shall be compatible with the paint system used and shall be applied in accordance with the rust penetrating sealer and caulk manufacturer's instructions. 93 When caulking joints where only one steel piece edge is exposed, a fillet of caulk shall be formed which is not less than 1/8 inch or the width of the pack rust gap. The fillet is not required where there is no separation of the steel pieces due to pack rust. At locations where gaps between steel surfaces exceed 1/4 inch, the Contractor shall fill the gap with foam backer rod material and sealant as approved by the Engineer. The foam backer rod material shall be of sufficient diameter to fill the crevice or gap. The Contractor shall apply sealant over the foam backer rod material to form a watertight seal. 6-07.3(10)H Paint System The paint system applied to new steel surfaces shall consist of the following four coat system: Primer Coat: Section 9-08.1(2)F Intermediate Coat: Section 9-08.1(2)G Intermediate Stripe Coat. Section 9-08.1(2)G Top Coat Section 9-08.1(2)H The Contractor shall select a primer coat, intermediate coat, and top coat from the approved products listed in the current Qualified Products List. Once a paint system has been selected, all paints in that system shall be from the same manufacturer. Only one paint system from a singular manufacturer shall be used throughout the project, unless otherwise approved in writing by the Engineer. The Contractor shall not change to a different paint system once the initial paint system has been applied to any portion of the bridge, unless otherwise approved in writing by the Engineer 6-07.3(10)1 Paint Color Each successive full coat shall be a contrasting color to the previously applied full coat. Stripe coat colors may match the full coats. The color of the top coat shall be as specified in the Plans or Special Provisions, and shall conform to Section 9- 08.1(8). Tinting shall occur at the factory at the time of manufacture and placement in containers, prior to initial shipment. Application site tinting will not be allowed except as otherwise approved by the Engineer. 6-07.3(10)J Mixing and Thinning Paint The Contractor shall thoroughly mix paint by mechanical means to ensure a uniform composition. Paint shall not be mixed by means of air stream bubbling or boxing. Paint shall be mixed in the original containers and mixing shall continue until all pigment or metallic powder is in suspension. Care shall be taken to ensure that the solid material that has settled to the bottom of the container is thoroughly dispersed. After mixing, the Contractor shall inspect the paint for uniformity and to ensure that no unmixed pigment or lumps are present. Catalysts, curing agents, hardeners, initiators, or dry metallic powders which are packaged separately may be added to the base paint in accordance with paint manufacturer's written recommendations and only after the paint is thoroughly mixed to achieve a uniform mixture with all particles wetted. The Contractor shall then add the proper volume of curing agent to the correct volume of base and mix thoroughly. The mixture shall be used within the pot life specified by the manufacturer. Unused portions shall be discarded at the end of each work day. 94 1 1 1 1 The Contractor shall not add additional thinner at the application site except as approved by the Engineer. The amount and type of thinner, if allowed, shall conform to the manufacturer's specifications. When recommended by the manufacturer, the Contractor shall constantly agitate paint during application by use of paint pots equipped with mechanical agitators. The Contractor shall strain all paint after mixing to remove undesirable matter, but without removing the pigment or metallic powder. Paint shall be stored and mixed in a secure, contained location to eliminate the potential for spills into State waters, and onto the ground and highway surfaces. 6-07.3(10)K Coating Thickness The minimum wet film thickness of each coat (primer, intermediate, top, and all stripe coats) shall be sufficient to achieve a dry film thickness of at least 3.0 mils. If the specified number of coats does not produce a combined dry film thickness of at least the sum of the thicknesses required per coat, the Contractor shall apply another full coat of the top coat of paint. The dry film thickness shall not be thicker than the paint manufacturer's recommended maximum thickness. Film thickness, wet and dry, will be measured by gages conforming to Section 6- 07.3(8)A. Wet measurements will be taken immediately after the paint is applied. Dry measurements will be taken after the coating is dry and hard. Each painter shall be equipped with a wet film thickness gauge, and shall be responsible for performing frequent checks of the paint film thickness throughout application. Coating thickness measurements may be made by the Engineer after the application of each coat and before the application of the succeeding coat. In addition, the Engineer may inspect for uniform and complete coverage and appearance. One hundred percent of all thickness measurements shall be the minimum wet film thickness specified in this Section. Wet film thickness measurements will be made in accordance with ASTM D 4414. In areas where wet film thickness measurements are impractical, dry film thickness measurements will be made as specified in Section 6-07.3(8)A. If thickness measurements or visual inspection of coverage do not meet the specified minimum, the Contractor shall make additional applications, as necessary, to achieve thickness and coverage requirements. If a question arises about an individual coat thickness or coverage, it will be verified by the use of a Tooke gauge in accordance with ASTM D 4138. If the Tooke gage shows a coat thickness to be less than a minimum dry film thickness of 3.0 mils or indicates a missing intermediate coat, the total paint system will be rejected, even if the thickness of the total system equals or exceeds the total thickness specified. 6-07.3(10)L Environmental Condition Requirements Prior to Application of - Paint Paint shall be applied only during periods when: 1. Air temperature and paint temperature are between 35F and 115F. 2. Steel surface temperature is between 35F and 115F. 3. Steel surface does not show wet drops and is not wet. 4. Relative humidity is within the manufacturer's recommended range. 95 5. The anticipated ambient temperature will remain above 35F during the paint drying period Application will not be allowed if conditions are not favorable for proper application and performance of the paint. Paint shall not be applied when weather conditions are unfavorable to proper curing. If a paint system manufacturer's recommendations allow for application of a paint under environmental conditions other than those specified, the Contractor shall submit a letter from the paint manufacturer specifying the environmental conditions under which the paint can be applied Application of paint under environmental conditions other than those specified in this Section will not be allowed without the Engineer's approval. 6-07.3(10)M Steel Surface Condition Requirements Prior to Application of Paint The steel surface to be painted shall be free of moisture, dirt, dust, grease, oil, loose, peeling or chalky paint, abrupt paint edges, salts, rust, mill scale, and other foreign matter and substances that would prevent the bond of the succeeding application. The Contractor shall protect freshly painted surfaces from contamination by abrasives, dust, or foreign materials from any other source. The Contractor shall prepare contaminated surfaces to the satisfaction of the Engineer before applying additional paint. Prepared surfaces shall be kept clean at all times, before painting and between coats. Edges of existing paint shall be feathered in accordance with SSPC-PA 1, Note 16.9. 6-07.3(10)N Field Coating Application Methods The Contractor shall apply paint materials by air or airless spray, brush, roller, any combination of these methods, or as recommended by the paint manufacturer, unless otherwise specified. Spray application of the paint shall be accomplished with spray nozzles and at pressures as recommended by the paint manufacturer to ensure application of paint at the specified film thickness. Regardless of the primary paint application method, the Contractor shall use brushes to apply the stripe coat, to ensure complete coverage around structural geometric irregularities, and to push the paint into gaps between existing steel surfaces and around rivets and bolts. All application techniques shall conform to Section 7, SSPC-PA 1 Painters using brushes shall work from pails containing a maximum of two gallons of paint. This is intended to minimize the impact of any spill. 6-07.3(10)0 Applying Field Coatings The first coat shall be a primer stripe coat applied to steel surfaces cleaned to bare metal and defined to receive a stripe coat. The second coat shall be a primer coat applied to all steel surfaces cleaned to bare metal The third coat shall be an intermediate stripe coat applied to steel surfaces defined to receive a stripe coat. The fourth coat shall be an intermediate coat. The fifth coat shall be the top coat. The intermediate (fourth) and top (fifth) coats shall encapsulate the entire surface area of the structure members specified to be painted Prior to the application of paint the Contractor shall clean the bridge deck surface for the purpose of dust control. 96 During painting operations the Contractor shall furnish, install, and maintain drip tarps below the areas to be painted to contain all spilled paint, buckets, brushes, and other deleterious material, and prevent such materials from reaching the environment below or adjacent to the structure being painted. Drip tarps shall be absorbent material and hung to minimize puddling. In addition to the requirements of the Specifications, paint application shall conform to: 1. The best practices of the trade. 2. The written recommendations of the paint manufacturer. 3. All applicable portions of the SSPC-PA1. No primer paint shall be applied to any surface until the surface has been inspected and approved by the Engineer. Any area to which primer paint has been applied without the Engineer's inspection and approval will be considered improperly cleaned. The unauthorized application shall be completely removed and the entire area recleaned to the satisfaction of the Engineer. After the area has been recleaned, inspected, and approved, the Contractor may again initiate the painting sequence. No additional compensation or extension of time in accordance with Section 1-08 8 will be allowed for the removal of any unauthorized paint application and recleaning of the underlying surface. All steel surfaces cleaned to bare metal by abrasive blast cleaning shall receive the primer coat within the same working day as the completion of the abrasive blast cleaning, and before any rust begins to form. Each successive coat shall be applied as soon as possible over the previous coat, accounting for drying time of the preceding coat, weather, atmospheric temperature and other environmental conditions, and the paint manufacturer's recommendations. Each coat shall be dry before recoating, and shall be sufficiently cured so that succeeding or additional coats may be applied without causing damage to the previous coat. Recoat times shall be as shown in the paint manufacturer's recommendations, but not less than 12 hours.. Revision of recoat times to other than recommended by the paint manufacturer requires the approval of the Engineer. If the maximum time between coats is exceeded, all affected areas shall be prepared to SSPC-SP 7 brush-off blast cleaning and recoated with the Contract specified system at no additional expense or time to the Contracting Agency. Each coat shall be applied in a uniform layer, completely covering the preceding coat. Individual coats shall be tinted a sufficiently different shade so that each coat can be easily detected. The Contractor shall correct runs, sags, skips, or other deficiencies before application of succeeding coats. Such corrective work may require recleaning, application of additional paint, or other means as determined by the Engineer at no additional cost to the Contracting Agency. If fresh paint is damaged by the elements, the Contractor shall replace or repair the paint to the satisfaction of the Engineer at no additional cost to the Contracting Agency. Prior to applying the primer or intermediate coats, the Contractor shallapplya primer or intermediate stripe coat, respectively, on all edges, corners, seams, crevices, interior angles, junction of joint members, rivet or bolt heads, nuts and threads, weld lines, and any similar surface irregularities. The full primer coat may be applied prior to the primer stripe coat to prevent flash rusting of the cleaned surfaces, if approved by the Engineer. The coverage of each stripe coat shall extend at least one inch beyond the irregular surface. The stripe coat shall be of sufficient 97 thickness to completely hide the surface being covered and shall be followed as soon as practical by the application of the primer or intermediate coat to its specified thickness If the primer coat leaves unsealed cracks or crevices, these shall be sealed with single component urethane sealant conforming to Section 9-08.7 (applied in accordance with the manufacturer's recommendations) before the intermediate coat is applied. The Contractor shall correct paint deficiencies before application of succeeding coats. Such corrective work may require recleaning, application of additional paint, or other corrective measures in accordance with the paint manufacturer's recommendations and as specified by the Engineer. Such corrective work shall be completed at no additional expense or time to the Contracting Agency. Each application of primer stripe, primer, intermediate stripe, intermediate, and top coat shall be considered as separately applied coats, including for the purposes of film thickness and coverage requirements. The Contractor shall not use a preceding or subsequent coat to remedy a deficiency in another coat. The Contractor shall apply the top coat to at least the minimum specified top coat thickness, to provide a uniform appearance and consistent finish coverage, even if the total thickness of the prime and intermediate coats is found to exceed the specified total thickness for the primer and intermediate coats. If roadway or sidewalk planks lie so close to the metal that they prevent proper cleaning and painting, the Contractor shall remove or cut the planks to provide at least a 1 -inch clearance. Any plank removal or cutting shall be done as approved by the Engineer. The Contractor shall replace all planks after painting. If removal breaks or damages the planks and makes them unfit for reuse, the Contractor shall replace them at no expense to the Contracting Agency. 6-07.3(10)P Field Coating Repair Paint repair shall conform to SSPC-PA 1. Repair areas shall be cleaned of all damaged paint and the system re-applied using all coats typical to the paint system. Each coat shall be thoroughly dry before applying subsequent coats. Paint repair shall be in accordance with the paint manufacturer's recommendations, and as approved by the Engineer. All paint repair operations shall be performed by the Contractor at no additional cost or time to the Contracting Agency. 6-07.3(10)Q Cleanup Cleaning of equipment shall not be done in State waters nor shall resultant cleaning runoff be allowed to enter State waters. No paint cans, lids, brushes, or other debris shall be allowed to enter State waters. Solvents, paints, paint sludge, cans, buckets, rags, brushes, and other waste associated with this project shall be collected and disposed of off site Paint products, petroleum products or other deleterious material shall not be wasted into, or otherwise enter, State waters as a result of project activities. Cleanup of the project site shall conform to Section 1-04.11 and 6-01.12. 6-07.3(11) Painting or Powder Coating of Galvanized Surfaces Galvanized surfaces specified to be coated after galvanizing shall receive either paint in accordance with Section 6-07.3(11)A or powder coating in accordance with Section 6-07.3(11)B. The color of the finish coat shall be as specified in the Special Provisions 98 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 6-07.3(11)A Painting of Galvanized Surfaces All galvanized surfaces receiving paint shall be prepared for painting in accordance with the ASTM D 6386. The method of preparation shall be as agreed upon by the paint manufacturer and the galvanizer. The Contractor shall not begin painting until receiving the Engineer's approval of the prepared galvanized surface. Environmental Conditions Steel surfaces shall be: • Greater than 35°F and • Less than 115°F or in accordance with the manufacturer's recommendations, whichever is more stringent. The Contractor shall paint the dry surface as follows: Each coat shall be dry before the next coat is applied. All coats applied in the shop shall be dried hard before shipment. 6-07.3(11)B Powder Coating of Galvanized Surfaces Powder coating of galvanized surfaces shall conform to the following requirements: Submittals The Contractor shall submit the following information to the Engineer for approval: 1. The name, location, and contact information (mail address, phone, and e- mail) for the firm performing the powder coating operation. 2. Quality control (QC) programs established and followed by the firm performing the powder coating operation. Forms to document inspection and testing of coatings as part of the QC program shall be included in the submittal. 3. Project specific powder coating plan, including identification of the powder coating materials used (and manufacturer), and specific cleaning, surface preparation, pre -heating, powder coating application, curing, shop and field coating repair, handling, and storage processes to be taken for the assemblies being coated for this project. 4. Product data and MSDS sheets for all powder coating and coating repair materials. 99 Paint Type Name First Coat Section 9-08.1(2)E Epoxy polyamide Second Coat Section 9-08.1(2)H Moisture Cured Aliphatic Polyurethane Each coat shall be dry before the next coat is applied. All coats applied in the shop shall be dried hard before shipment. 6-07.3(11)B Powder Coating of Galvanized Surfaces Powder coating of galvanized surfaces shall conform to the following requirements: Submittals The Contractor shall submit the following information to the Engineer for approval: 1. The name, location, and contact information (mail address, phone, and e- mail) for the firm performing the powder coating operation. 2. Quality control (QC) programs established and followed by the firm performing the powder coating operation. Forms to document inspection and testing of coatings as part of the QC program shall be included in the submittal. 3. Project specific powder coating plan, including identification of the powder coating materials used (and manufacturer), and specific cleaning, surface preparation, pre -heating, powder coating application, curing, shop and field coating repair, handling, and storage processes to be taken for the assemblies being coated for this project. 4. Product data and MSDS sheets for all powder coating and coating repair materials. 99 Galvanizing Prior to the galvanizing operation, the Contractor shall identify to the galvanizer the specific assemblies and surfaces receiving the powder coating after galvanizing, to ensure that the galvanizing method used on these assemblies is compatible with subsequent application of a powder coating system. Specifically, such assemblies shall neither be water -quenched, nor receive a chromate conversion coating, as part of the galvanizing operation Galvanized Surface Cleaning and Preparation Galvanized surfaces receiving the powder coating shall be cleaned and prepared for coating in accordance with ASTM D 6386, and the project specific powder coating plan as approved by the Engineer Assemblies conforming to the ASTM D 6386 definition for newly galvanized steel shall receive surface smoothing and surface cleaning in accordance with ASTM D 6386 Section 5, and surface preparation in accordance with ASTM D 6386 Section 5.4.1. Assemblies conforming to the ASTM D 6386 definition for partially weathered galvanized steel shall be checked and prepared in accordance with ASTM D 6386 Section 6, before then receiving surface smoothing and surface cleaning in accordance with ASTM D 6386 Section 5, and surface preparation in accordance with ASTM D 6386 Section 5.4 1. Assemblies conforming to the ASTM D 6386 definition for weathered galvanized steel shall be prepared in accordance with ASTM D 6386 Section 7, before then receiving surface smoothing and surface cleaning in accordance with ASTM D 6386 Section 5 and surface preparation in accordance with ASTM D 6386 Section 5.4.1. The Contractor shall notify the Engineer of all surface cleaning and preparation activities, and shall provide the Engineer opportunity to perform quality assurance inspection, in accordance with Section 1-05 6, at the completion of surface cleaning and preparation activities prior to beginning powder coating application. Powder Coating Application and Curing After surface preparation, the two component powder coating shall be applied in accordance with the powder coating manufacturer's recommendations, the project specific powder coating plan as approved by the Engineer, and as follows: 1. Pre -heat. The pre -heat shall be sufficient to prevent pin holes from forming in the finished coating system. 2. Apply the epoxy primer coat, followed by a partial cure. 3. Apply the polyester finish coat, followed by the finish cure. Testing The firm performing the powder coating operation shall conduct, or make arrangements for, QC testing on all assemblies receiving powder coating for this project, in accordance with the powder coating firm's QC program as documented in item 2 of the Submittal subsection above. Testing may be performed on coated surfaces of production fabricated items, or on a representative test panel coated alongside the production fabricated items being 100 coated. There shall be a minimum of one set of tests representing each cycle of production fabricated items coated and cured. Additional tests shall be performed at the request of the Engineer. Repair of damaged coatings on production fabricated items shall be the responsibility of the firm applying the powder coating, and shall be in accordance with the project specific powder coating plan as approved by the Engineer. At a minimum, the QC testing shall test for the following requirements: 1. Visual inspection for the presence of coating holidays, and other unacceptable surface imperfections. 2. Coating thickness measurement in accordance with Section 6-07.3(5). The minimum thickness of the epoxy primer coating and polyester finish coating shall be 3 mils each. 3. Hardness testing in accordance with ASTM D 3363, with the finish coat providing a minimum hardness value of H. 4. Adhesion testing in accordance with ASTM D 4541 for 400 psi minimum adhesion for the complete two component coating system. 5. Powder Coating Institute (PCI) #8 recommended procedure for solvent cure test. The results of the QC testing shall be documented in a QC report, and submitted to the Engineer for approval. The Engineer shall be provided notice and access to all assemblies at the powder coating facility for the purposes of Contracting Agency acceptance inspection, including notice and access to witness all hardness and adhesion testing performed by the firm conducting the QC testing, in accordance with Section 1-05.6. Assemblies not meeting the above requirements will be subject for rejection by the Engineer. Rejected assemblies shall be repaired or re -coated by the Contractor, at no additional expense to the Contracting Agency, in accordance with the project specific powder coating plan as approved by the Engineer until the assemblies satisfy the acceptance testing requirements. Assemblies shall not be shipped from the powder coating firm's facility to the project site until the Contractor receives the Engineer's approval of the QC Report and assembly inspection performed by the Engineer. Coating Protection For Shipping, Storage, and Field Erection After curing and acceptance, the Contractor shall protect the coated assemblies with multiple layers of bubble wrap, or other protective wrapping materials specified in the project specific powder coating plan as approved by the Engineer. During storage and shipping, each assembly shall be separated from other assemblies by expanded polystyrene spacers and other spacing materials specified in the project specific powder coating plan as approved by the Engineer. After erection, all coating damage due to the Contractor's shipping, storage, handling, and erection operations shall be repaired by the Contractor, at no additional expense to the Contracting Agency, in accordance with the project specific powder coating plan as approved by the Engineer. The Contractor shall 101 provide the Engineer access to all locations of all powder coated members for verification of coating conditions prior to and following all coating repairs 6-07.3(12) Painting Ferry Terminal Structures Ferry terminal structures shall be painted as specified in the Special Provisions. 6-07.3(13) Painting Timber Structures Timber structures shall be painted as specified in the Special Provisions 6-07.4 Measurement Cleaning, sealing and caulking pack rust will be measured by the linear foot along the edge of the steel connection interface cleaned, sealed and caulked. Spot abrasive blast cleaning of steel surfaces in accordance with Section 6- 07.3(10)D will be measured by the square foot of surface area to be cleaned to bare metal as specified by the Engineer. 6-07.5 Payment Payment will be made in accordance with Section 1-04.1, for each of the following bid items that are included in the proposal: "Cleaning and Painting - ", lump sum The lump sum contract price for "Cleaning and Painting - " shall be full pay for performing the work as specified, including developing all submittals, arranging for and accommodating contact and on-site attendance by the paint manufacturer's technical representative, furnishing and placing all necessary staging and rigging, furnishing, operating and mooring barges, furnishing and operating fixed and movable work platforms, accommodating Contracting Agency inspection access, conducting the Contractor's quality control inspection program, providing material, labor, tools, and equipment, collecting and storing containment waste, collecting, storing, testing, and disposing of all containment waste not conforming to the definition in Section 6-07.3(10)F, performing all cleaning and preparation of surfaces to be painted, applying all coats of paint and sealant, correcting coating deficiencies, completing coating repairs, and completing project site cleanup. Progress payments for "Cleaning and Painting - " will be made on a monthly basis and will be based on the percentage of the total estimated area satisfactorily cleaned and coated as determined by the Engineer Payment will not be made for areas which do not have the specified number of coats for the paint system used, nor for areas which are complete but have repairs outstanding. "Cleaning, Sealing and Caulking Pack Rust", per linear foot. The unit contract price per linear foot for "Cleaning, Sealing and Caulking Pack Rust" shall be full pay for performing the work as specified, including cleaning out the pack rust, preparing the gap for the rust penetrating sealer and caulk, and applying the rust penetrating sealer and caulk. "Spot Abrasive Blast Cleaning", per square foot. The unit contract price per square foot for "Spot Abrasive Blast Cleaning" shall be full pay for performing the spot abrasive blast cleaning work in accordance with Section 6-07.3(10)D. "Miscellaneous Bridge Repairs", by force account as provided in Section 1-09.6. 102 All costs in connection with miscellaneous bridge repair in accordance with Section 6-07.3(10)D will be paid by force account in accordance with Section 1- 09.6. For the purpose of providing a common proposal for all bidders, the Contracting Agency has entered an amount for the item "Miscellaneous Bridge Repairs" in the bid proposal to become part of the total bid by the Contractor. "Containment of Abrasives", lump sum. The lump sum contract price for "Containment of Abrasives" shall be full payment for all costs incurred by the Contractor in complying with the requirements as specified in Section 6-07.3(10)A to design, construct, maintain, and remove containment systems for abrasive blasting operations. "Testing and Disposal of Containment Waste", by force account as provided in Section 1-09.6. All costs in connection with testing containment waste, transporting containment waste for disposal, and disposing of containment waste in accordance with Section 6-07.3(10)F will be paid by force account in accordance with Section 1-09.6. For the purpose of providing a common proposal for all bidders the Contracting Agency has entered an amount for the item "Testing and Disposal of Containment Waste" in the bid proposal to become part of the total bid by the Contractor. Payment for painting new steel structures and painting or powder coating of galvanized surfaces will be in accordance with Sections 6-03.5. Painting of timber structures will be in accordance with Section 6-04.5. DIVISION 8 MISCELLANEOUS CONSTRUCTION 8-01 EROSION CONTROL AND WATER POLLUTION CONTROL 8-01.3 Construction Requirements 8-01.3(1) General Section 8-01.3(1) is supplemented with the following: (April 3, 2006) Erodible Soil Eastern Washington The eighth paragraph of Section 8-01.3(1) is revised to read. Erodible soil not being worked whether at final grade or not, shall be covered within the following time period using an approved soil cover practice, unless authorized by the Engineer: July 1 through September 30 October 1 through June 30 103 30 days 15 days DIVISION 9 MATERIALS 9-08 PAINTS Delete this section in its entirety and replace it with the following: 9-08 PAINTS AND RELATED MATERIALS 9-08.1 Paint 9-08.1(1) Description Paints used for highway and bridge structure applications shall be made from materials meeting the requirements of the applicable Federal and State Paint Specifications, Department of Defense (DOD), American Society on Testing of Materials (ASTM), and Steel Structures Painting Council (SSPC) specifications in effect at the time of manufacture. The colors, where designated, shall conform to Section 9-08.1(8). 9-08.1(2) Paint Types 9-08.1(2)A Vinyl Pretreatment Vinyl pretreatment shall be a two -component basic zinc chromate -vinyl butyral wash primer conforming to DOD -P-15328 (Formula 117 for Metals) and SSPC Paint 27. Zinc chromate shall be the insoluble type. The paint shall be supplied as two components that are mixed together just prior to use. 9-08.1(2)B Galvanizing Repair Paint, High Zinc Dust Content Galvanizing repair paint shall conform to Federal Specification MIL -P-210356. 9-08.1(2)C Inorganic Zinc Rich Primer Inorganic zinc rich primer shall be a two component self -curing inorganic zinc - rich paint conforming to either AASHTO M 300 or SSPC Paint 20 Type I. 9-08.1(2)D Organic Zinc Rich Primer Organic zinc rich epoxy primer shall be a high performance two -component epoxy conforming to SSPC Paint 20 Type 11. 9-08.1(2)E Epoxy Polyamide Epoxy polyamide primer shall be a two -component VOC compliant epoxy system, conforming to MIL-DTL-24441. 9-08.1(2)F Primer, Zinc and Micaceous Iron Oxide (MIO) Filled Single Component, Moisture -Cured Polyurethane The Zinc and MIO primer coat shall contain 62% ± 2% solids, single -component, zinc and MIO, moisture cured polyurethane. The primer coat shall meet the physical properties listed below: Vehicle Type: Pigment Type: Pigment Content: Volume Solids. Dry Film Thickness: Moisture -cured polyurethane. Zinc and Micaceous Iron Oxide (MIO). 60 — 75% minimum zinc by weight in dry film. 60% minimum 3 mils minimum 104 9-08.1(2)G Intermediate and Stripe Coat, Single Component, Moisture -Cured Polyurethane The intermediate and stripe coats shall contain 62% ± 2% solid, single - component, micaceous iron oxide blend, enriched with zinc moisture cured polyurethane. The stripe coat is to be applied between the full intermediate coat and the top coat, and is to be applied on all nuts, bolts, knife edges or any other irregular edges or areas not accessible by spray application. The stripe coat shall be in a contrasting color from the intermediate coat and shall meet the physical properties listed below: Vehicle Type: Moisture -cured polyurethane Pigment Type: A minimum of 4.0 lbs/gal of micaceous iron oxide enriched with zinc. Volume Solids: 60% minimum Finish: Flat (low gloss) Color Tinted to distinguish form Primer and Top Coat Dry Film Thickness: 3 mils minimum for The intermediate coating shall be certified by the manufacturer to be able to be recoated by the top coat in a minimum of 4 days. 9-08.1(2)H Top Coat Single Component, Moisture -Cured Polyurethane The top coat shall contain 62% ± 2% solids, single -component, semi -gloss, aliphatic moisture cured polyurethane and shall meet the physical properties listed below: Vehicle Type: Moisture -cured aliphatic polyurethane Pigment Type: Coloring as specified in the Special Provisions Volume Solids 60% minimum Finish: Semi -Gloss Dry Film Thickness 3 mils minimum 9-08.1(2)1 Rust Penetrating Sealer Rust penetrating sealer shall be a two component chemically -cured 100 percent solids epoxy with maximum VOC 1.7 pounds/gallon. 9-08.1(2)J Black Enamel The enamel shall conform to Federal Specification MIL PRF 2463D Type II Class II. 9-08.1(2)K Orange Equipment Enamel The enamel shall be an alkyd gloss enamel conforming to Federal Specification TT -E-489, except that the Sag Index shall be seven minimum. The color, when dry, shall match that of Federal Standard 595, color number 12246. For factory application to individual items of new equipment, samples and testing of the enamel will not be required; however, the equipment manufacturer shall match the color specified and shall certify the quality of enamel used. 9-08.1(2)L Exterior Acrylic Latex Paint -White 105 This paint shall conform to Federal Specification TT -P-96, Paint, Acrylic Emulsion, Exterior, except that the viscosity shall be 75-85 K.U. This paint may be used self -primed in multiple coats over salts treated wood and on interior and exterior masonry surfaces. 9-08.1(3) Working Properties The paint shall contain no caked material that cannot be broken up readily by stirring When applied to a clean vertical surface, the paint shall dry without running, streaking, or sagging. 9-08.1(4) Storage Properties Paints manufactured under these Specifications shall show no skin over the surface after 48 hours in a partially filled container, when tested as outlined in Federal Test Method Standard No. 141. A slight amount of skin or gel formation where the surface of the paint meets the side of the container may be disregarded. Variable percentages of anti -skinning agents are shown in those formulas set forth above that are susceptible to undesirable skin formation. The manufacturer will be allowed to vary the amount of anti -skinning agent given in the formulas provided the above results are accomplished and provided the paint does not dry to a nonuniform or nonelastic film 9-08.1(5) Fineness of Grinding The paint shall be ground so that all particles of pigment will be dispersed and be coated with vehicle, and the residue on a 325 sieve will not exceed 1 percent by weight of the pigment. Paint shall be homogeneous, free of contaminant, and of a consistency suitable for use under intended application. Finished paint shall be well ground, and the pigment shall be properly dispersed in the vehicle conforming to the requirements of the paint. Dispersion in vehicle shall be such that the pigment does not settle excessively, does not cake or thicken in the container, and does not become granular or curdled. 9-08.1(6) Test Methods Except as otherwise specified, all paints will be sampled and tested in the ready - mixed form The test methods will be as specified in the Washington State Department of Transportation Materials Manual or the corresponding test method covered by Federal Test Method Standard No. 141 or as specified under AASHTO R-31 9-08.1(7) Acceptance Except for batches of paint in total project quantities of 20 gallons or less which are accepted upon the manufacturer's certificate, the manufacturer shall not ship any batch of paint until the paint has been tested and released by the Washington State Department of Transportation State Materials Laboratory. This release will not constitute final acceptance of the paint. Final acceptance will be based on inspection or testing of job site samples as determined by the Engineer. Project quantities of 20 gallons or less of the above paint types will be accepted without inspection upon the manufacturer's notarized certificate. This certificate shall contain a statement by the manufacturer to the effect that the material meets the paint type Specification, and shall include a list of materials and quantities used. One copy of the certificate shall accompany the paint when shipped and one copy with a draw down sample of the paint shall be sent to the Materials Laboratory The paint may be used at once without further release from the Materials Laboratory 106 9-08.1(8) Standard Colors When paint is required to match a Federal Standard 595 color, the paint manufacturer or the Contractor may obtain a sample of the required color through the following internet link - http://www.colorserver.net. When paint is required to match a WSDOT color (Washington Gray, Mt St Helens Gray, Mt Baker Gray or Cascade Green), the paint color shall conform to the Delta E deviation and CIELAB spectrophotometer analysis requirements specified in Section 9-08.3 for the corresponding color. Unless otherwise specified, all top or finish coats shall be semi -gloss, with the paint falling within the range of 35 to 70 on the 60 degree gloss meter. (March 6, 2000) The color for the second coat shall be a contrasting color to the third coat. The color of the third coat, when dry, shall match *** Federal Standard 595 #27038 — Black ***. 9-08.2 Powder Coating Materials for Coating Galvanized Surfaces The powder coating system shall consist of two components, an epoxy primer coat and a polyester finish coat. The epoxy primer coat and the polyester finish coat materials shall be from the same manufacturer. The epoxy primer coat shall be an epoxy powder primer conforming to the following requirements: Property Specification Performance Requirement Adhesion ASTM D 3359 Method B 5B (no failure) Flexibility ASTM D 522 Method B Pass 1/8" mandrel bend Pencil Hardness ASTM D 3363 H Plus Specific Gravity ASTM D 792 1 25 minimum The polyester finish coat shall conform to American Architectural Manufacturers Association (AAMA) Specification 2604. Degassing additives may be added as necessary to prevent pin holes in the finish coat. The degassing additives shall be added in accordance with manufacturer's recommendations. The color of the powder coating system polyester finish coat shall be as specified in the Plans or Special Provisions. Repair materials shall be selected from one of the approved products listed in the current Qualified Products List and specified in the Contractor's powder coating plan as approved by the Engineer. 9-08.3 Pigmented Sealer Materials for Coating of Concrete Surfaces The pigmented sealer shall be a semi-opaque colored toner containing only methyl methacrylate -ethyl acrylate copolymer resins, toning pigments suspended in solution at all times by a chemical suspension agent, and solvent. Toning pigments shall be laminar silicates, titanium dioxide and inorganic oxides only. There shall be no settling or color variation. Tinting shall occur at the factory at the time of manufacturer and placement in containers, prior to initial shipment. Use of vegetable or marine oils, paraffin materials, stearates or organic pigments in any part of coating 107 formulation will not be permitted The Contractor shall submit a one -quart wet sample, a draw down color sample and spectrophotometer or colorimeter readings, taken in accordance with ASTM D 2244, for each batch. The calculated Delta E shall not exceed 1 0 deviation from the Commission Internationale de I'Eclairage (CIELAB) color measurement analysis method for each pigmented sealer color. For the respective color pigmented sealer shall conform to the following CIELAB analysis: Color III/Obs L* a* b* Washington D65/10 degrees 62.59 0.98 5.23 Gray A/10 degrees 63 06 1.80 5.70 CWF/10 degrees 63 02 0.73 6.08 Cascade D65/10 degrees 36 62 -6 53 -0.89 Green A/10 degrees 35.82 -7.15 -2.53 CWF/10 degrees 36 34 -5.09 -1.18 Mt. Baker D65/10 degrees 45 94 1.38 4.46 Gray A/10 degrees 46.40 1.70 5.05 CWF/10 degrees 46.46 1.07 5 48 Mt. St. D65/10 degrees 56 07 2.15 6.68 Helens Gray A/10 degrees 56 76 3.08 7.52 CWF/10 degrees 56.67 1.64 7.85 The one -quart wet sample shall be submitted in the manufacturer's labeled container with product number, batch number and size of batch. The companion draw down color sample shall be labeled with the product number, batch number and size of batch. The Contractor shall submit the specified samples and readings to the Engineer at least calendar days prior to the scheduled application of the sealer. The Contractor shall not begin applying pigmented sealer until receiving the Engineer's written approval of the pigmented sealer color samples 9-08.4 Abrasive Blast Materials 9-08.4(1) Abrasive Blast Media Material used for field abrasive blasting shall conform to Military Specification MIL-A-22262B(SH) as listed on QPL-22262-28 as maintained by the Department of the Navy. The Contractor shall provide the Engineer with certified test results from the abrasive blast media manufacturer showing that the abrasive blast material meets the Military Specification. The Contractor shall select the type and size of abrasive blast media to produce a roughened, sharp, angular surface profile conforming to the surface requirements specified by the manufacturer of the selected paint system 9-08.4(2) Lead Abatement Additive Lead abatement additive shall be a granular chemical abrasive additive consisting of a complex calcium silicate designed to stabilize lead through multiple 108 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 mechanisms, including, but not limited to, pH adjustment, chemical reactions and encapsulation. The additive shall be specifically designed and manufactured for lead paint abatement. 9-08.5 Surface Cleaning Materials 9-08.5(1) Bird Guano Treatment Bird guano treatment shall consist of a 5.25 percent sodium hypochlorite solution. 9-08.5(2) Fungicide Treatment Fungicide treatment shall consist of a 5.25 percent sodium hypochlorite solution 9-08.5(3) Water Water used for water jetting steel surface cleaning operations shall be clean, fresh water only, without any detergents, bleach, or any other cleaning agents or additives. Recycling of rinse water for water jetting operations is not allowed. 9-08.6 Filter Fabric Filter fabric for water jetting operations shall be a polypropylene, non -woven, needle -punched geosynthetic or equivalent material conforming to the following requirements: Property Specification Performance Requirement Grab Tensile Strength ASTM D 4632 100 pounds minimum Apparent opening size ASTM D 4751 #70 U.S. sieve Permittivity ASTM D 4491 1 0 sec -1 or better 9-08.7 Single Component Urethane Sealant Single component urethane sealant shall conform to Federal Specification TT -S - 00230C Type II Class A. 9-08.8 Foam Backer Rod Foam backer rod shall be closed cell expanded polyethylene or polyurethane foam. STANDARD PLANS April 13, 2009 The State of Washington Standard Plans for Road, Bridge and Municipal Construction M21-01 transmitted under Publications Transmittal No. PT 09-013, effective April 6, 2009 is made a part of this contract. The Standard Plans are revised as follows: All Standard Plans All references in the Standard Plans to "Asphalt Concrete Pavement" shall be revised to read "Hot Mix Asphalt". All references in the Standard Plans to the abbreviation "ACP" shall be revised to read "HMA". 109 B-10.20 and B10.40 Substitute "step" in lieu of "handhold" on plan C -lb In the ANCHOR POST ASSEMBLY, the above ground 7 1/2" long bolt connecting the Wood Breakaway Post to the Foundation Tube is revised to 10" long. C -2r DELETED C -2s DELETED C -2t DELETED C-3, C -3B, C -3C Note 1 is revised as follows replace reference F -2b with F-10.42 C -4a DELETED C-5 In the A CONNECTION, "Type 3 transition pay limit" is revised to "transition pay limit". C-10 (sheet 2 of 2) COVER PLATE DETAIL, dimension of the 1" dia. holes, changes from 8" to 3" C-11 c DELETED F-40.12 through F-40.18 The following note is added to these five plans: Note 7. To the maximum extent feasible, the ramp cross slope shall not exceed 2%. G -9a DELETED J -6f DELETED J -6q DELETED J -6h DELETED J-11 a DELETED 110 J-11 c DELETED J -15a DELETED J -15b DELETED K-80.30-00 In the NARROW BASE, END view, the reference to Std. Plan C -8e is revised to Std. Plan K-80.35 L-20.10-00, 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-20.10-00, Sheet 2 Delete all references to tension cable and substitute tension wire. All rope thimbles, wire rope clips and seizing are not required. L-30.10-00, Sheet 1 Delete all references to tension cable and substitute tension wire. L-30.10-00, 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. The following are the Standard Plan numbers applicable at the time this project was advertised. The date shown with each plan number is the publication approval date shown in the lower right-hand corner of that plan. Standard Plans showing different dates shall not be used in this contract. A-10.10-00 8/07/07 A-30.30-00 11/08/07 A-50.20-00.....11/17/08 A-10.20-00 10/05/07 A-30.35-00 10/12/07 A-50.30-00.....11/17/08 A-10.30-00 10/05/07 A-40.10-00 10/05/07 A-50.40-00 11/17/08 A-20.10-00 8/31/07 A-40.20-00 9/20/07 A-60.10-00 10/05/07 A-30.10-00 11/08/07 A-40.50-00 11/08/07 A-60.20-00 10/05/07 A-30.15-00 11/08/07 A-50.10-00 11/17/08 A-60.30-00 11/08/07 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 6/10/08 111 B-5.40-00 6/01/06 B-30.70-01.......8/31 /07 B-5.60-00 6/01/06 B-30.80-00 .6/08/06 B-10.20-00 6/01/06 B-30.90-01 .....9/20/07 B-10.40-00 6/01/06 B-35 20-00 6/08/06 B-10.60-00 6/08/06 B-35 40-00 6/08/06 B-15.20-00 6/01/06 B-40 20-00...... 6/01/06 B-15.40-00 6/01/06 B-40 40-00..... 6/01/06 B-15.60-00 6/01/06 B-45 20-00..... 6/01/06 B-20.20-01 11/21/06 B-45 40-00 6/01/06 B-20.40-02 6/10/08 B-50.20-00 6/01/06 B-20.60-02 6/10/08 B-55.20-00... .6/01/06 B-25.20-00 6/08/06 B-60.20-00... ..6/08/06 B-25.60-00 6/01/06 B-60.40-00.....6/01/06 B-30.10-00 6/08/06 B-65 20-00.. . ...6/01/06 B-30.20-01 11/21/06 B-65.40-00 ....6/01 /06 B-30 30-00 6/01/06 B-70 20-00 . ..6/01 /06 B-30.40-00 6/01/06 B-70 60-00.. ...6/01/06 C-1. 2/10/09 C -4e.... .... ....2/20/03 C -la 2/10/09 C -4f. ....6/30/04 C -lb 10/31/03 C-5 . ... ... 10/31/03 C -lc 5/30/97 C-6.... ..5/30/97 C-1 d 10/31/03 C -6a.. ...3/14/97 C-2 1/06/00 C -6c ... .... _1/06/00 C -2a 6/21/06 C -6d..... .. ...5/30/97 C -2b 6/21/06 C -6f . ... .. ... 7/25/97 C -2c 6/21/06 C-7 . ......10/31 /03 B-75 50-01 6/10/08 B-75 60-00. 6/08/06 B-80 20-00. 6/08/06 B-80.40-00 B-82.20-00 B-85.10-01 .. . B-85.20-00 . 6/01/06 6/01/06 6/10/08 6/01/06 6/01/06 B-85 30-00 B-85 40-00. ...6/08/06 B-85 50-01......6/10/08 B-90.10-00. ...6/08/06 B-90.20-00. ...6/08/06 B-90.30-00 .....6/08/06 B-90 40-00 .... 6/08/06 B-90 50-00. 6/08/06 B-95.20-01. . 2/03/09 B-95.40-00 ...6/08/06 C -14i.. . ... . 2/10/09 C-14 j ..... . ...12/02/03 C -14k. .. .... 2/10/09 C -15a. .... ...7/3/08 C -15b . ....7/3/08 C - 16a .11/08/05 C - 16b... .. ....11 /08/05 C-20 14-00 ....2/06/07 C-20 40-00.. ....2/06/07 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 C -2d 6/21/06 C -7a 10/31/03 C-20.42-00 2/03/09 C -2e 6/21/06 0-8 2/10/09 C-22.14-00 2/03/09 C -2f 3/14/97 C -8a 7/25/97 C-22.16-00 2/03/09 C -2g 7/27/01 C -8b 2/10/09 C-22.40-01.....10/05/07 C -2h. 3/28/97 C -8e 2/21/07 C-23.60-00 2/06/07 C -2i 3/28/97 C -8f 6/30/04 C-25.18-01.......9/20/07 C -2j 6/12/98 0-10 7/31/98 C-25.20-03 2/03/09 C -2k 7/27/01 C-13.. 7/3/08 C-25.22-02 2/03/09 C -2n.... 7/27/01 C -13a 7/3/08 C-25.26-00 2/03/09 C -2o.. . 7/13/01 C -13b ..............7/3/08 C-25.80-01.......7/3/08 C -2p. 10/31/03 C -13c. 7/3/08 C-28.40-00 2/06/07 C-3.... ... ......... 10/04/05 C -14a 7/3/08 C-40.14-00 2/03/09 C -3a 10/04/05 C -14b 7/26/02 C-40.16-00 2/03/09 C -3b 10/04/05 C -14c 7/3/08 C-40.18.00 2/03/09 C -3c 6/21/06 C -14d 7/3/08 C-90.10-00 7/3/08 C-4 .......2/21 /07 C -14e ...............7/3/08 C -4b 6/08/06 C -14h 2/10/09 D-2.02-00 11/10/05 D-2.44-00 .....11/10/05 D -3b 6/30/04 D-2.04-0011/10/05 D-2.46-00... ....11/10/05 D -3c 6/30/04 D-2 06-01 1/06/09 D-2.48-00 11/10/05 D-4 12/11/98 D-2 08-00 .11/10/05 D-2.60-00 11/10/05 D-6 6/19/98 D-2.10-00...... 11/10/05 D-2.62-00.....11/10/05 D-10.10-01 12/02/08 D-2.12-00.. ...11 /10/05 D-2.64-01 1/06/09 D-10.15-01 12/02/08 D-2.14-00 11/10/05 D-2.66-00.......11/10/05 D-10.20-00 7/8/08 D-2 16-00.. ....11/10/05 D-2.68-00 11/10/05 D-10.25-00 7/8/08 D-2 18-00 11/10/05 D-2.78-00 11/10/05 D-10.30-00 7/8/08 D-2.20-00 11/10/05 D-2.80-00 11/10/05 D-10.35-00 7/8/08 113 D-2.30-00 11/10/05 D-2.32-00 11/10/05 D-2.34-01 1/06/09 D-2.36-02 1/06/09 D-2.38-00 11/10/05 D-2.82-00 11/10/05 D-10.40-01.....12/02/08 D-2.84-00 11/10/05 D-10.45-01.... 12/02/08 D-2.86-00 11/10/05 D-15.10-01....12/02/08 D-2 88-0011 /10/05 D-15.20-01 1/06/09 0-2.92-00 11/10/05 0-15.30-01 12/02/08 D-2.40-00.... ...11/10/05 D-3.. . ..... ... ..... 7/13/05 D-2.42-00 11/10/05 D3a 12/02/08 E-1 2/21/07 E-4... 8/27/03 E-2 5/29/98 E -4a. 8/27/03 F-10.12-00......12/20/06 F-10.16-00 12/20/06 F-10.40-01 ...... . ..7/3/08 F-10.42-00 .....1 /23/07 F-30.10-00... ....1/23/07 F-40 18-00 2/07/07 F-40.10-01.....10/05/07 F-40 20-00 ...10/05/07 F-40.12-00 2/07/07 F-42.10-00 ....10/05/07 F-40 14-00 2/07/07 F-80.10-00.. .. .1/23/07 F-10.62-01 9/05/07 F-40.15-00.......2/07/07 F-10.64-02..... .7/3/08 F-40.16-00. 2/07/07 G-10.10-00 9/20/07 G-20.10-00. 9/20/07 G-22.10-01 ..7/3/08 G-24.10-00 11/08/07 G-24.20-0011 /08/07 G-24.30-00 11/08/07 G-24.40-01 12/02/08 G-24.50-00 11/08/07 H-10.10-00 G-24.60-00 11/08/07 G-70.20-00....10/5/07 G-25.10-01 1/06/09 G-70 30-00.. .10/5/07 G-30 10-00 11/08/07 G-90 10-00 ....1/06/09 G-50.10-00 11/08/07 G-90 20-00.. .1/06/09 G-60.10-00......8/31 /07 G-90.30-00... 1/06/09 G-60 20-00 8/31/07 G-90.40-00 .. 1/06/09 G-60.30-00 8/31/07 G-95 10-00 .. 11/08/07 G-70.10-00 10/5/07 G-95 20-01.. ..7/10/08 G-95 30-01 .. . 7/10/08 7/3/08 H-32.10-00 9/20/07 H-70.10-00. ..9/05/07 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 H-10 15-00 7/3/08 H-60.10-01........7/3/08 H-70.20-00 9/05/07 H-30.10-00.. . 10/12/07 H-60.20-01. 7/3/08 H-70.30-01 11/17/08 1-10.10-00 8/31/07 1-30 50-00 11/14/07 1-30.10-00 9/20/07 1-40.10-00 9/20/07 1-30.20-00 .9/20/07 1-40.20-00........9/20/07 1-30.30-00 9/20/07 1-50.10-00. 9/20/07 1-30.40-00 10/12/07 1-50.20-00 8/31/07 1-60.10-00 8/31/07 1-60.20-00 8/31/07 1-80.10-00 8/31/07 J-lf 6/23/00 J -9a 4/24/98 J-28.30-00 8/07/07 .....8/01/97 J-10 ...7/18/97 J-28.40-00 8/07/07 J-28.42-00 8/07/07 J -3b 3/04/05 J- 11 b 9/02/05 J -3c ..6/24/02 J-12... 2/10/09 J -3d. 11/05/03 J -16a 3/04/05 J-5..............8/01/97 J -16b2/10/09 J -6c. 4/24/98 J -16c... .... ....2/10/09 J -7a 9/12/01 J-18.... ........2/10/09 J -7c ........... ...6/19/98 J-19 J-28.45-00 8/07/07 J-28.50-00 8/07/07 J-28.60-00 8/07/07 J-28.70-00 11/08/07 J-40.10-00.......1/06/09 .2/10/09 J-40.30-00......1 /06/09 J-75.10-00. . ... 2/ 10/09 J-75.20-00 2/10/09 J-75.30-00... ...2/ 10/09 J-90.10-00... ....2/10/09 J-90.20-00 2/10/09 J -7d. 4/24/98 J-20. 9/02/05 J -8a 5/20/04 J-28.10-00 8/07/07 J -8b ................5/20/04 J-28.22-00.....8/07/07 J -8c 5/20/04 J-28.24-00. 8/07/07 J -8d ........ .....5/20/04 J-28.26-01.....12/02/08 K-10 20-01 10/12/07 K-26 40-01 10/12/07 K-40.60-00 2/15/07 K-40.80-00 2/15/07 K-55.20-00 2/15/07 2/15/07 K-60.20-02 7/3/08 K-10 40-00 2/15/07 K-30.20-00.......2/15/07 K-20.20-01.....10/ 12/07 K-30.40-01.....10/ 12/07 K-20 40-00. 2/15/07 K-32.20-00 115 K-20.60-00 2/15/07 K-22 20-01 10/12/07 K-24 20-00 2/15/07 K-24.40-01.....10/ 12/07 K-24.60-00 2/15/07 K-24.80-01 10/12/07 K-26.20-00 ..... ..2/15/07 K-32.40-00. 2/15/07 K-32 60-00 ......2/15/07 K-32.80-00 .....2/15/07 K-34.20-00 ..... ..2/15/07 K-36.20-00 2/15/07 K-40 20-00 2/15/07 K-40.40-00 2/15/07 K-60.40-00 ... 2/15/07 K-70.20-00.. . 2/15/07 K-80 10-00. . 2/21/07 K-80 20-00. . 12/20/06 K-80.30-00 .. 2/21/07 K-80 35-00... 2/21/07 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 L-20.10-002/07/07 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-1 40-01 1/30/07 M-1 60-01 .1/30/07 M-1.80-02 ...... ..8/31/07 M-2.20-01 1/30/07 M-2.40-01 1/30/07 M-2.60-01 1/30/07 M-3.10-02 ..... 2/10/09 M-3.20-01 1/30/07 M-3.30-02 2/10/09 M-3.40-02 2/10/09 M-3 50-01 1/30/07 M-7 50-01. ... ...1/30/07 M-9.50-01 .... .1/30/07 M-9.60-00. 2/10/09 M-11.10-01 1/30/07 M-15.10-01. . 2/06/07 M-17 10-02....... 7/3/08 M-20.10-01 1/30/07 M-20 20-01. ... 1/30/07 M-20.30-011/30/07 M-20.40-01.. 1/30/07 M-24 60-02. . 2/06/07 M-40 10-00 . 9/20/07 M-40.20-00 . 10/12/07 M-40.30-00 9/20/07 M-40.40-00. . 9/20/07 M-40 50-00. ..9/20/07 M-40.60-00.....9/20/07 M-60.10-00.. 9/05/07 M-60.20-01 . 2/03/09 M-65.10-01 .. 5/21/08 M-20.50-01......1 /30/07 M-80 10-00. ...6/10/08 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 LAW DEPARTMENT APPROVED EXHIBIT "C-1" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR BNSF RAILWAY COMPANY Attention: Manager Public Projects Railway File: 099167M Agency Project: Heritage Trails, YAK YVT Bridge Restoration Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract") dated , 20 with the City of Yakima for the performance of certain work in connection with the Heritage Trails, YAK YVT 3 Bridge Restoration. Performance of such work will necessarily require contractor to enter BNSF RAILWAY COMPANY ("Railway") right of way and property ("Railway Property"). The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for the City of Yakima (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows. Section 1. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attomeys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway's property or right-of-way This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of Railway or its contractors, agents or employees; Provided, that if the claims or damages are caused by or result from the concurrent negligence or other acts or omissions of (a) Railway, its contractors, agents or employees and (b) Contractor, its subcontractors, agents or employees, this provision shall be valid and enforceable only to the extent of the negligence of the Contractor, its subcontractors, agents or employees. It is mutually negotiated between the parties that the indemnification obligation shall include all claims brought by Contractor's employees against Railway, its agents, servants, employees or otherwise, and Contractor expressly waives its immunity under the industrial insurance act (RCW Title 51) and assumes potential liability for all actions brought by its employees. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which 117 Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railroad to the fullest extent permitted by applicable law It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. Section 2. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder Section 3. INSURANCE Contractor must, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance must contain broad form contractual liability with a combined single limit of a minimum of $5,000,000 each occurrence and an aggregate limit of at least $10,000,000 Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limit to the following: • Bodily Injury and Property Damage • Personal Injury and Advertising Injury • Fire legal liability • Products and completed operations This policy must also contain the following endorsements, which must be indicated on the certificate of insurance: • It is agreed that any workers' compensation exclusion does not apply to Railroad payments related to the Federal Employers Liability Act or a Railroad Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law • The definition of insured contract must be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Any exclusions related to the explosion, collapse and underground hazards must be removed. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy. B Business Automobile Insurance. This insurance must contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following • Bodily injury and property damage • Any and all vehicles owned, used or hired 118 C Workers Compensation and Employers Liability insurance including coverage for, but not limited to: • 's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. D. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 10 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to remove any exclusion for punitive damages. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Railroad prior to performing any work or services under this Agreement Other Requirements: All policies (applying to coverage listed above) must not contain an exclusion for punitive damages and certificates of insurance must reflect that no exclusion exists. Contractor agrees to waive its right of recovery against Railroad for all claims and suits against Railroad In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under contractor's care, custody or control. Contractor's insurance policies through policy endorsement, must include wording which states that the policy is primary and non-contributing with respect to any insurance carried by Railroad. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) must include a severability of interest endorsement and Railroad must be named as an additional insured with respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured must be indicated on the certificate of insurance. Contractor is not allowed to self -insure without the prior written consent of Railroad. If granted by Railroad, any deductible, self-insured retention or other financial responsibility for claims must be covered directly by contractor in lieu of insurance Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by contractor's insurance will be covered as if contractor elected not to include a deductible, self-insured retention or other financial responsibility for claims. Prior to commencing the Work, contractor must furnish to Railroad an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision must be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate original of any required policy must be fumished. Contractor should send the certificate(s) to the following address. Todd Kuhn Manager Public Projects BNSF Railway 2454 Occidental Avenue South Suite 1A Seattle, WA 98134 119 Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. Contractor represents that this Agreement has been thoroughly reviewed by contractor's insurance agent(s)/broker(s), who have been instructed by contractor to procure the insurance coverage required by this Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Railroad may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by contractor, contractor must require that the subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under the same terms and conditions as contractor is required to release, defend and indemnify Railroad herein Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate this Agreement immediately Acceptance of a certificate that does not comply with this section will not operate as a waiver of contractor's obligations hereunder The fact that insurance (including, without limitation, self-insurance) is obtained by contractor will not be deemed to release or diminish the liability of contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad will not be limited by the amount of the required insurance coverage. For purposes of this section, Railroad means "Burlington Northern Santa Fe Corporation", "BNSF RAILWAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each Section 4. EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit "C" attached to the Contract and this Agreement, , including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U S mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s) Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. 120 The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay are currently $382.20 per hour per incident. THE RATE THEN IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF TRAIN DELAY PURSUANT TO THIS AGREEMENT. Contractor and its subcontractors must give Railway's representative (Andy Vulgas 206- 625-6880) four weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. Kindly acknowledge receipt of this letter by signing and returning to the Railway two original copies of this letter, which, upon execution by Railway, will constitute an Agreement between us. (Contractor) BNSF Railway Company By: By: Printed Name Name Title: Contact Person Address. City: Fax: State Zip: Phone E-mail: 121 Manager Public Projects Accepted and effective , 20_ Required Contract Provisions Federal -Aid Construction Contracts Follow this page 123 Required Contract Provisions Federal -Aid Construction Contracts FHWA-1273 Electronic Version — March 10, 1994 I. General 1 II. Nondiscrimination 2 III. Nonsegregated Facilities 6 IV. Payment of Predetermined Minimum Wage 7 V. Statements and Payrolls 12 VI. Record of Materials, Supplies, and Labor 14 VII. Subletting or Assigning the Contract 14 VIII. Safety: Accident Prevention 15 IX. False Statements Concerning Highway Projects 16 X. Implementation of Clean Air Act and Federal Water Pollution Control Act 17 XI. Certification Regarding Debarment, Suspension Ineligibility, and Voluntary Exclusion 17 XII. Certification Regarding Use of Contract Funds for Lobbying 21 Attachments A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) 23 I. GENERAL 1 These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in tum be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3 A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5 12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g 1 5 Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7 Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. 11 NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1 Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4 3 and the provisions of the American Disabilities Act of 1990 (42 U S C 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO. a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: 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, preapprenticeship, and/or on-the-job training " 2 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractors staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractors EEO obligations within thirty days following their reporting for duty with the contractor c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractors EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4 Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have 3 the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended ) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5 Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6 Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each 4 d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7 Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful 5 minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: 1. The number of minority and non -minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. 111 NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more ) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, 6 religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records 7 accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period 8 that additional time is necessary. e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: 1 Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman -level hourly rate) 9 specified in the contractors or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4 In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3 Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman - level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices 10 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at Tess than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2 Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio,of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6 Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one - and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 11 8 Violation: Liability for Unpaid Wages; Liquidated Damages In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7 9 Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1 Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference 2 Payrolls and Payroll Records: a Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act), daily and weekly number of hours worked; deductions made, and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the 12 labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D C 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. 13 f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U S C. 1001 and 31 U S C 231 g The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5 12 VI RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47 c. furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2 At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted VII SUBLETTING OR ASSIGNING THE CONTRACT 1 The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635) 14 a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635) The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.0 333) 15 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U S C 333) IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U S C 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation, or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials fumished or to be fumished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both " 16 X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 17 c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances e The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 18 Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- -Primary Covered Transactions 1 The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d Have not within a 3 -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. 19 b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant leams that its certification was erroneous by reason of changed circumstances. d The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1 The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 21 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U S C 1352 Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3 The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly 22 ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1 c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1c above. 5 The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 23 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Under Section II, Paragraph 8b is revised as follows. The reference to 49 CFR 23 is revised to read 49 CFR 26. Under Section II, Paragraph 8b is supplemented with the following: The contractor, sub -recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate Under Section II, in accordance with standard specification 1-08 1(1) and applicable RCWs a new paragraph 8d is added as follows: The contractor or subcontractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract and/or agreement no later than ten (10) days from the receipt of each payment the prime contractor receives from WSDOT or its sub -recipients. The prime contractor agrees further to return retainage payments to each subcontractor within ten (10) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the WSDOT. This clause covers both DBE and non -DBE contractors. Under Section IV, Paragraph 2b(4) is deleted. Under Section IV, Paragraph 4, "and helpers" is deleted from the title Under Section IV, Paragraph 4a(1), add: The provisions in this section allowing apprentices to work at less than the predetermined rate when they are registered in a bona fide apprenticeship program registered with the U S Department of Labor, Employment and Training Administration, or with the Bureau of Apprenticeship and Training, does not preclude a requirement for the Contractor to pay apprentices the full applicable predetermined rate in the event a State Apprenticeship Agency, recognized by the Bureau, has not approved, or withdraws approval, of an apprenticeship program. Under Section IV, Paragraph 4c is deleted. Under Section IV, Paragraph 6 is revised by deleting "helpers" and "helper". Under Section IV, Paragraph 7 is revised by deleting "helpers" Under Section V, Paragraph 2a is revised by deleting "helpers" Under Section V, Paragraph 2a, the first sentence is revised to read, "The payroll records shall contain the name and an individually identifying number (e g., the last four digits of the employees social security number) for each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act), daily and weekly number of hours worked; deductions made; and actual wages paid. Payrolls shall not include the full social security number and home address of covered workers. Contractors and subcontractors shall maintain the full social security number and home address of each covered worker and shall provide them to the SHA upon request." Under Section V, Paragraph 2d(2) is revised by deleting "helper". Section VI, Records Of Material, Supplies, And Labor, is deleted. Amendment to Form FHWA 1273 Revised January 18, 2009 CONTRACT THIS AGREEMENT, made and entered into in triplicate, this .28 'day of 2009, by and between the City of Yakima, hereinafter called the Owner, and Long Painting Company, a Washi gton Corporation, hereinafter called the Contractor. WITNESSETH That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows. I The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF. $246,750.00 for Heritage Trails, Project No. 2167, all in accordance with, and as described in the attached plans and specifications and the 2008 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Forty-five (45) working days. The first chargeable working day shall be the 11th working day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. II The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. IV It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OF YAKIMA this day of YTt43.1 2009 Attest: City Mana City Clerk er CONTRACTOR Long Painting Company ,a WA Corporation Co By � �nt� 7/409 CITY CONTRAC r NO: />2.4o el'.4 RESOLUTION NO: '-2O 2 6 -87 Fishe (Print Name) Vice President (President, Owner, etc.) Address: 7L414 6Rth AI7e South 125 Kefnt, WA 98032 A 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 KNOW ALL MEN BY THESE PRESENTS. That we, the undersigned a Washington PERFORMANCE BOND BOND TO CITY OF YAKIMA Long Painting Company Bond No. 105308125 Travelers Casualty and Surety Company Corporation as Principal and of America a corporation organized and existing under the laws of the State of Connecticut as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to the CITY OF YAKIMA in the penal sum of * $ 246,750.00 for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. Two Hundred Forty Six Thousand Seven Hundred Fifty and No/100 This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the CITY OF YAKIMA. DATED at Yakima, Washington, this 22ndday of July , 20 09 Never -the -less, the conditions of the above obligations are such that: WHEREAS, pursuant to action taken by the Yakima City Council on July 14 , 20 09 , the City Manager and City Clerk of the CITY OF YAKIMA has let or is about to let to the said Long Painting Company the above bounded Principal, a certain contract, the said contract being numbered 2167 , and providing for Heritage Trails- Yak YVT3 Bridge ** (which contract is referred to herein and is made a part hereof as though attached hereto), and. ** Restoration WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth, NOW THEREFORE, if the said Long Painting Company shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, sub -contractors and material men, and all persons who shall supply said principal or sub -contractors with provisions and supplies for the carrying on of said work, and shall hold said CITY OF YAKIMA, their employees. agents, and elected or appointed officials, harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub- contractor in the performance of said work and shall indemnify and hold the CITY OF YAKIMA, its employees, agents, and elected or appointed officials. harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect, Long Painting Company (C or) roved as to form: (City Attorney) Vice. President (President. Owner, etc..) Travelers Casualty and Surety Company of America (Surety) - Joan M. Councilman (Print Name) Attorney -in -Fact Its: A 1 1 1 1 1 1 1 1 1 TRAVELERSJ Attorney -In Fact No. WARNING. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 214863 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 2 5 3 4 5 3 5 KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. that St. Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company. Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies ), and that the Companies do hereby make, constitute and appoint John Claeys, Joan M. Councilman, Ronald J Lange, and Pamela A. Nelson of the City of Seattle , State of Washington , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pertnitted'in any actions or proceedings allowed by law IN WITNESS WHEREOF, the Companies have caused th day of August 2008 s instrumentttd"be signed and their corporate seals to be hereto affixed, this 1st Farmington Casualty Company Fidelity and Guaranty Ins`urance'C,ompanyti, s. Fidelity and Guaranty Insurance'Underwrifers, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company State of Connecticut City of Hartford ss. St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company .4; .+'j ,NSU p9'L,': �r�ORPORRIF. m} �y. poPOR9r �! of � SE A ,0 'q3 SEAL. "a;= �,,1s AN + \ t rind// Vii. By• Thompson, senior ice President On this the 1st day of August 2008 before me personally appeared George W Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company and that he, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer In Witness Whereof, 1 hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011 58440-5-07 Printed in U S.A. W wt l.. Marie C. Tentault. Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER tivvi This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows. RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds. recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and 0 is FURTHER RESOLVED, that any bond, recognizance. contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers. President. any Executive Vice President. any Senior Vice President. any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this 22nd day of July , 20 09 Kori M. Johansdo/Assistant Secretary STN .;20. ?+ IXSUq•. O 9 9b a jZ0. POR�f'�I �'`�aPORA l�. ^: .SEAL`o": SSAL. 6ryn To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A 111 II II 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ACCORD ® CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 07/20/2009 PRODUCER Willis of Seattle, Inc. 26 Century Blvd. P. 0. Box 305191 Nashville, TN 37230-5191 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Long Painting Company 300 Division 21414 68th Ave. S. Kent, WA 98032 I GENERAL X INSURER A. Arch Insurance Company 11150-001 INSURER B: Alaska National Insurance Company 38733-001 INSURER C: $ 1,000,000 INSURER D: $ 100,000 $ 5,000 INSURER E. CLAIMS MADE X OCCUR COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YYYYI POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 71GPP2241605 12/31/2008 12/31/2009 EACHOCCURRENCE $ 1,000,000 PREMISES (Ea RENTED $ 100,000 $ 5,000 CLAIMS MADE X OCCUR MED EXP (Any one person) PERSONALBADVINJURY $ 1,000,000 GEN'L GENERAL AGGREGATE $ 2, 000, 000 AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2, 000, 000 POLICY X JECT LOC B X AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 08KAS30858 11/1/2008 11/1/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY' AGG $ EXCESSI UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE IYNNI OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below 71WCI2241705 12/31/2008 12/31/2009 X TORYLIMITS OER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1, 000, 000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Job #L090170 - Heritage Trails - YAK YVT3 Bridge Restoration, City Project #2167 WA Stop Gap Coverage included under Workers Compensation Policy The following are added as Additional Insured as respects to work performed by or on behalf of the Named Insured when required by written contract, subject to policy limits, terms and conditions: City of Yakima, their agents, employees and elected or appointed officials CERTIFICATE HOLDER CANCELLATION City of Yakima 129 N. 2nd Street Yakima, WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENCIX111XXXXMAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEF1ZOLXXEINDIXXIXIXXMONLL �EXXIXXIXIXIMMX1XX11511x-MXXX QXXIXOC XEilM XXXXERX4EXE leXIMEXA X AUT ESENTAT ACORD 25 (2009/01) Coll:2758321 Tpl:912723 Cert:12826679 © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) Co11:2758321 Tp1:912723 Cert:12826679 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU — COMPLETED OPERATIONS — PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: Section II — Who is an Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of: i) "your work" at the location designated; or ii) the "products -completed operations hazard." Coverage afforded to these additional insured parties will be primary to, and non- contributory with, any other insurance available to that person or organization. All other terms and conditions of this Policy remain unchanged. Policy Number: 71GPP2241605 Named Insured: Long Painting Company This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 12/31/2008 Authorized Representative 00 ML0019 00 08 06 Page 1 of 1 Policy Number: 71GPP2241605 Arch Insurance Company THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All Projects (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to ongoing operations at a single designated construction project shown In the Schedule above: 1 A separate Designated Construction Project Gen eral Aggregate Limit applies to each designated construction project. and that limit Is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of bodily injury" or 'property damage" Included in the "products -completed op erations hazard. and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits" CG 25 03 03 97 B. 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shag reduce the Designated Construe tion Project General Aggregate Limit for that des ignated construction project- Such payments shall not reduce the General Aggregate Limit shown In the Declarations nor shall they reduce any other Designated Construction Project General Aggre gate Limit for any other designated construction project shown in the Schedule above. 4 The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply However, Instead of being sub ject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the ap plicable Designated Construction Project General Aggregate Limit. For all sums which the insured becomes legally obli gated to pay as damages caused by "occurrences" under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section i), which cannot be attributed only to on going operations at a single designated construction project shown In the Schedule above: Copyright, Insurance Services Office. Inc., 1996 Broker Page 1 of 2 1 Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C When coverage for liability arising out of the "products -completed operations hazard" Is provided, any Payments for damages because of "bodily injury" or "property damage" included in the "products completed operations hazard" will reduce the Products -Completed operations Aggregate Unit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. CG 25 03 03 97 D if the applicable designated construction project has been abandoned, delayed. or abandoned and than restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or time -tables, the project will still be deemed to be the same construction project E. The provisions of Limits Of Insurance (Section I1) not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 Broker Is 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ACORCn INSURANCE PAGEBINDERDATE 1 OF 2 � 23-JUL-2009 DEDUCTIBLE THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER � (AJC, go. EKR: (206) 386-7400 COMPANY Travelers Indemnity Company BINDER • 00039162-01 1 AWG No): Willis of Seattle, Inc. 505 Fifth Ave S„ Ste 200 Seattle WA 98104 Contact : Monica Tangeman ' DATE EFFECTIVE TIME DATE EXPIRATION TIME 21-JUL-2009 12:01 X AM PM 19 -OCT -2009 X 11201 AM I j NOON TMS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY 1k CODE: I SUB CODE: AGENCY CUSTOMER ID: 455000 DESCRIPTION OF OPERAT ONSJVEHK:LES)PROPERTY (Including Location) City of Yakima RR Protective Policy Contractor: Long Painting Company Policy #: SPS6921N649IND Policy Period: 7/21/2009 - 2010 Estimated Premium: $5.000 INSURED BNSF Railway 2650LouMenkDrive Fort Worth TX 76131 I --------- COMMERCIAL GENERAL UABILFIY TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE LIM 1 COINS 5 a AMOUNT PROPERTY CAUSES OFLOSS BASIC I j BROAD SPEC ' OENERALLIABILITY EACH OCCURRENCE $ 5,000.000 COMMERCIAL GENERAL UABILFIY DAMAGE TO 1$ CLAIMS MADE OCCUR R N D PR MISES MED OWNERS/CONTRACTORS PROT EXP (Any one person) PERSONAL J. ADV INJURY $ $ X I Railroad Protective GENERAL AGGREGATE 10 000 j RETRO DATE FOR CLAIMS MADE PRODUCTS-COMP/OP AGO S , , 000 $ AUTOMOBILE LIABILITY I COMBINED SINGLE UMfT $ ANY AUTO BODILY INJURY (Per Person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS MEDICAL PAYMENTS $ NON OWNED AUTOS PERSONAL INJURY PROT $ UNINSURED MOTORIST $ 1$ AUTO PHYSICAL DAMAGE DEDUCTIBLE _ ALL VEHICLES I 1 SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT $ OTHER THAN COL GARAGE LIABILITY AUTO OTHER ONLY - EA ACCIDENT $ _ f ANY AUTO OTHER THAN AUTO CNLY: EACH ACCIDENT $ AGGREGATE I$ EXCESS LIABILITY EACH OCCURRENCE $ jUMBRELLA FORM AGGREGATE $ OTHER THAN UMQREU.A FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $ 1 WC STATUTORY LIMITS WORKER'S COMPENSATION AND EL EACH ACCIDENT $ EMPLOYER% LIABILITY E.L DISEASE -EA EMPLOYEE $ E.L. DISEASE • POUCY UMFT f SPECIAL CDNDrT10N8/ I FEES $ OTHER COVERAGES TAXES $ ESTIMATED TOTAL PREMIUM $ - — _ __ ._ _ _ _ _ MORTGAGEE j ! LOSS PAYEE I ADDITIONAL INSURED LOAN # AUTHORIZED REPRESENTATIVE —.4......6 .4.......02 NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE 0 ACORD CORPORATION 1993 PAGE 2 OF 2 Attached to and forming part of Binder No. 000391 62-01 Long Painting Company CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance In the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note'. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property, a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1.000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75 (2001101) MINIMUM WAGE AFFIDAVIT STATE OF WASHINGTON) ss COUNTY OF YAKIMA ) I, the undersigned, having been duly sworn, depose, say and certify that in connection with the performance of the work, payment for which this voucher is submitted, I have paid the following rate per hour to each classification of laborers, workmen, or mechanics, as indicated upon the attached list, now referred to and by such reference incorporated in and made an integral part hereof, for all such employed in the performance of such work; and no laborer, workman or mechanic so employed upon such work has been paid less than the prevailing rate of wage or less than the minimum rate of wages as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. Subscribed and sworn to before me on this Contractor day of , 200 Notary Public in and for the State of Washington residing at 133 PREVAILING WAGE RATES Department of Labor and Industries Statement Prevailing Wage Rates for Yakima County (with Supplemental Wage Rates & Benefit Key Code) PREVAILING WAGE RATES The prevailing rate of wages to be paid to all workmen, laborers, or mechanics employed in the performance of any part of this contract shall be in accordance with the provisions of Chapter 39.12 RCW, as amended. The rules and regulations of the Department of Labor and Industries are by reference made a part of this contract as though fully set forth herein. The current schedule of prevailing wage rates for the locality or localities where this contract will be performed, as determined by the Industrial Statistician of the Department of Labor and Industries, are included in these contract documents. Inasmuch as the contractor will be held responsible for paying the prevailing wages, it is imperative that all contractors familiarize themselves with the current wage rates, as determined by the Industrial Statistician of the Department of Labor and Industries, before submitting bids based on these specifications. In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State and his decision therein shall be final and conclusive and biding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. Current prevailing wage rules and data can be furnished by the Industrial Statistician upon request. You may submit your request to. Department of Labor and Industries ESAC Division PO Box 44540 Olympia, Washington 98504-4540 Telephone 360-902-5335 135 State of Washington DEPARTMENT OF LABOR AND INDUSTRIES Prevailing Wage Section - Telephone (360) 902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage Rates For Public Works Contracts The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, workers' wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements is provided on the Benefit Code Key YAKIMA COUNTY EFFECTIVE 03/04/2009 ********************************************************************************************************** (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code ASBESTOS ABATEMENT WORKERS JOURNEY LEVEL $30 31 1H 5D BOILERMAKERS JOURNEY LEVEL $53 37 1C 5N BRICK AND MARBLE MASONS JOURNEY LEVEL $37 52 2M 5A CABINET MAKERS (IN SHOP) JOURNEY LEVEL $19.24 1 CARPENTERS ACOUSTICAL WORKER $36.22 1M 5D BRIDGE, DOCK AND WARF CARPENTERS $45.56 1M 5D CARPENTER $36.22 1M 5D CREOSOTED MATERIAL $36.22 1M 5D DRYWALL APPLICATOR $36.22 1M 5D FLOOR FINISHER $36.22 1M 5D FLOOR LAYER $36.22 1M 5D FLOOR SANDER $36.22 1M 5D MILLWRIGHT $46.56 1M 5D PILEDRIVERS, DRIVING, PULLING, PLACING COLLARS AND WELDING $45 76 1M 5D SAWFILER $36.22 1M 50 SHINGLER $36.22 1M 5D STATIONARY POWER SAW OPERATOR $36.22 1M 5D STATIONARY WOODWORKING TOOLS $36.22 1M 5D CEMENT MASONS JOURNEY LEVEL $33 81 1N 5D DIVERS & TENDERS DIVER $96 81 1M 5D 8A DIVER ON STANDBY $54 19 1M 5D DIVER TENDER $49 84 1M 5D DREDGE WORKERS ASSISTANT ENGINEER $47 09 1T 5D 8L ASSISTANT MATE (DECKHAND) $46.58 1T 5D 8L BOATMEN $47 09 1T 5D 8L ENGINEER WELDER $47 14 1T 5D 8L LEVERMAN, HYDRAULIC $48.71 1T 5D 8L MAINTENANCE $46 58 1T 5D 8L MATES $47 09 1T 5D 8L OILER $46 71 1T 5D 8L DRYWALL TAPERS JOURNEY LEVEL $31 71 1P 5A ELECTRICAL FIXTURE MAINTENANCE WORKERS JOURNEY LEVEL $20.99 1 Page 1 YAKIMA COUNTY EFFECTIVE 03/04/2009 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code ELECTRICIANS - INSIDE JOURNEY LEVEL $48.30 1E 5A ELECTRICIANS - MOTOR SHOP CRAFTSMAN $15.37 2A 6C JOURNEY LEVEL $14.69 2A 6C ELECTRICIANS - POWERLINE CONSTRUCTION CABLE SPLICER $58.36 4A 5A CERTIFIED LINE WELDER $53.30 4A 5A GROUNDPERSON $38.14 4A 5A HEAD GROUNDPERSON $40.25 4A 5A HEAVY LINE EQUIPMENT OPERATOR $53.30 4A 5A JACKHAMMER OPERATOR $40.25 4A 5A JOURNEY LEVEL LINEPERSON $53 30 4A 5A LINE EQUIPMENT OPERATOR $45.14 4A 5A POLE SPRAYER $53.30 4A 5A POWDERPERSON $40.25 4A 5A ELECTRONIC TECHNICIANS ELECTRONIC TECHNICIANS JOURNEY LEVEL $23.40 1 ELEVATOR CONSTRUCTORS MECHANIC $64 81 4A 60 MECHANIC IN CHARGE $70.60 4A 6Q FABRICATED PRECAST CONCRETE PRODUCTS CRAFTSMAN $8.72 1 LABORER $8.55 1 FENCE ERECTORS FENCE ERECTOR $21 64 1 FLAGGERS JOURNEY LEVEL $28.43 1H 5D GLAZIERS JOURNEY LEVEL $22.43 1B 61 HEAT & FROST INSULATORS AND ASBESTOS WORKERS MECHANIC $23 18 1 HEATING EQUIPMENT MECHANICS MECHANIC $13 91 1 HOD CARRIERS & MASON TENDERS JOURNEY LEVEL $31.22 1H 5D INDUSTRIAL ENGINE AND MACHINE MECHANICS MECHANIC $15.65 1 INDUSTRIAL POWER VACUUM CLEANER JOURNEY LEVEL $9.24 1 INSPECTION/CLEANING/SEALING OF SEWER & WATER SYSTEMS BY REMOTE CONTROL CLEANER OPERATOR, FOAMER OPERATOR $9,73 1 GROUT TRUCK OPERATOR $11.48 1 HEAD OPERATOR $12.78 1 TECHNICIAN $8.55 1 TV TRUCK OPERATOR $10.53 1 INSULATION APPLICATORS JOURNEY LEVEL $32.91 1 IRONWORKERS JOURNEY LEVEL $46.61 10 5A Page 2 YAKIMA COUNTY EFFECTIVE 03/04/2009 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code LABORERS ALL CLASSIFICATIONS $18.12 1 LABORERS - UNDERGROUND SEWER & WATER GENERAL LABORER $30.31 1H 5D PIPE LAYER $30.83 1H 5D LANDSCAPE CONSTRUCTION IRRIGATION OR LAWN SPRINKLER INSTALLERS $9.00 1 LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS $15.45 1 LANDSCAPING OR PLANTING LABORERS $9.00 1 LATHERS JOURNEY LEVEL $36.22 1M 5D METAL FABRICATION (IN SHOP) FITTER $12.00 1 LABORER $10.31 1 MACHINE OPERATOR $11.32 1 PAINTER $12.00 1 WELDER $11.32 1 MODULAR BUILDINGS JOURNEY LEVEL $14.11 1 PAINTERS JOURNEY LEVEL $20.05 1 PLASTERERS JOURNEY LEVEL $44.83 1R 5B PLAYGROUND & PARK EQUIPMENT INSTALLERS JOURNEY LEVEL $8 55 1 PLUMBERS & PIPEFITTERS JOURNEY LEVEL $57.74 1Q 5A POWER EQUIPMENT OPERATORS ASSISTANT ENGINEERS $44.64 1T 5D 8P BACKHOE, EXCAVATOR SHOVEL, OVER 50 METRIC TONS TO 90 METRIC $48.46 1T 5D 8P TONS BACKHOE, EXCAVATOR SHOVEL, OVER 90 METRIC TONS $49.03 1T 50 8P BACKHOE, EXCAVATOR, SHOVEL, OVER 30 METRIC TONS TO 50 $47.91 1T 5D 8P METRIC TONS BACKHOE, EXCAVATOR, SHOVEL, TRACTORS UNDER 15 METRIC TONS $47 00 1T 5D 8P BACKHOE, EXCAVATOR, SHOVEL, TRACTORS• 15 TO 30 METRIC TONS $47 42 1T 50 8P BARRIER MACHINE (ZIPPER) $47.42 1T 5D 8P BATCH PLANT OPERATOR, CONCRETE $47.42 1T 5D 8P BELT LOADERS (ELEVATING TYPE) $47.00 1T 5D 8P BOBCAT (SKID STEER) $44.64 1T 5D 8P BROKK-REMOTE DEMOLITION EQUIPMENT $44.64 1T 5D 8P BROOMS $44.64 1T 5D 8P BUMP CUTTER $47.42 1T 5D 8P CABLEWAYS $47.91 1T 5D 8P CHIPPER $47.42 1T 5D 8P COMPRESSORS $44.64 1T 5D 8P CONCRETE FINISH MACHINE - LASER SCREED $44.64 1T 5D 8P CONCRETE PUMPS $47.00 1T 5D 8P CONCRETE PUMP -TRUCK MOUNT WITH BOOM ATTACHMENT $47.42 1T 5D 8P CONVEYORS $47.00 1T 5D 8P CRANE, FRICTION 100 TONS THROUGH 199 TONS $49.03 1T 5D 8P CRANE, FRICTION OVER 200 TONS $48.29 1T 5D 8P Page 3 YAKIMA COUNTY EFFECTIVE 03/04/2009 ********************************************************************************************************** (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code CRANES, THRU 19 TONS, WITH ATTACHMENTS CRANES, 20 - 44 TONS, WITH ATTACHMENTS CRANES, 45 TONS - 99 TONS, UNDER 150 FT OF BOOM (INCLUDING JIB WITH ATACHMENTS) CRANES, 100 TONS - 199 TONS, OR 150 FT OF BOOM (INCLUDING JIB WITH ATTACHMENTS) CRANES, 200 TONS TO 300 TONS, OR 250 FT OF BOOM (INCLUDING JIB WITH ATTACHMENTS) CRANES, A -FRAME, 10 TON AND UNDER CRANES, A -FRAME, OVER 10 TON CRANES, OVER 300 TONS, OR 300' OF BOOM INCLUDING JIB WITH ATTACHMENTS CRANES, OVERHEAD, BRIDGE TYPE (20 - 44 TONS) CRANES, OVERHEAD, BRIDGE TYPE (45 - 99 TONS) CRANES, OVERHEAD, BRIDGE TYPE (100 TONS & OVER) CRANES, TOWER CRANE UP TO 175' IN HEIGHT, BASE TO BOOM CRANES, TOWER CRANE OVER 175' IN HEIGHT, BASE TO BOOM CRUSHERS DECK ENGINEER/DECK WINCHES (POWER) DERRICK, BUILDING DOZERS, D-9 & UNDER DRILL OILERS - AUGER TYPE, TRUCK OR CRANE MOUNT DRILLING MACHINE ELEVATOR AND MANLIFT, PERMANENT AND SHAFT -TYPE EQUIPMENT SERVICE ENGINEER (OILER) FINISHING MACHINE/BIDWELL GAMACO AND SIMILAR EQUIP FORK LIFTS, (3000 LBS AND OVER) FORK LIFTS, (UNDER 3000 LBS) GRADECHECKER AND STAKEMAN GUARDRAIL PUNCH HOISTS, OUTSIDE (ELEVATORS AND MANLIFTS), AIR TUGGERS HORIZONTAL/DIRECTIONAL DRILL LOCATOR HORIZONTAL/DIRECTIONAL DRILL OPERATOR HYDRALIFTS/BOOM TRUCKS (10 TON & UNDER) HYDRALIFTS/BOOM TRUCKS (OVER 10 TON) LOADERS, OVERHEAD (6 YD UP TO 8 YD) LOADERS, OVERHEAD (8 YD & OVER) LOADERS, OVERHEAD (UNDER 6 YD), PLANT FEED LOCOMOTIVES, ALL MECHANICS, ALL MIXERS, ASPHALT PLANT MOTOR PATROL GRADER (FINISHING) MOTOR PATROL GRADER (NON -FINISHING) MUCKING MACHINE, MOLE, TUNNEL DRILL AND/OR SHIELD OIL DISTRIBUTORS, BLOWER DISTRIBUTION AND MULCH SEEDING OPERATOR PAVEMENT BREAKER PILEDRIVER (OTHER THAN CRANE MOUNT) PLANT OILER (ASPHALT, CRUSHER) POSTHOLE DIGGER, MECHANICAL POWER PLANT PUMPS, WATER QUAD 9, D-10, AND HD -41 Page 4 $47.00 1T 5D 8P $47.42 1T 5D 8P $47.91 1T 5D 8P $48 46 1T 5D 8P $49 03 1T 5D 8P $44 64 1T 5D 8P $47 00 1T 5D 8P $48.29 1T 5D 8P $47 42 1T 5D 8P $47 91 1T 5D 8P $48.46 1T 5D 8P $48.46 1T 5D 8P $49 03 1T 5D 8P $47 42 1T 5D 8P $47 42 1T 5D 8P $47 91 1T 5D 8P $47 00 1T 5D 8P $47 00 1T 5D 8P $47 42 1T 5D 8P $44 64 1T 5D 8P $47 00 1T 5D 8P $47 42 1T 5D 8P $47 00 1T 5D 8P $44.64 1T 5D 8P $44 64 1T 5D 8P $47.42 1T 5D 8P $47 00 1T 5D 8P $47 00 1T 5D 8P $47.42 1T 5D 8P $44 64 1T 5D 8P $47 00 1T 50 8P $47 91 1T 5D 8P $48 46 1T 51) 8P $47 42 1T 5D 8P $47 42 1T 5D 8P $48 46 1T 50 8P $47 42 1T 5D 8P $47 91 1T 5D 8P $47 00 1T 5D 8P $47 91 1T 5D 8P $44 64 1T 5D 8P $44.64 1T 5D 8P $47 42 1T 5D 8P $47 00 1T 5D 8P $44.64 1T 5D 8P $44.64 1T 5D 8P $44 64 1T 5D 8P $47 91 1T 5D 8P 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 YAKIMA COUNTY EFFECTIVE 03/04/2009 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code QUICK TOWER -NO CAB, UNDER 100 FEET IN HEIGHT BASED TO BOOM $44 64 1T 5D 8P REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING $47 91 1T 5D 8P EQUIP RIGGER AND BELLMAN $44.64 1T 5D 8P ROLLAGON $47.91 1T 5D 8P ROLLER, OTHER THAN PLANT ROAD MIX $44 64 1T 5D 8P ROLLERS, PLANTMIX OR MULTILIFT MATERIALS $47.00 1T 5D 8P ROTO -MILL, ROTO -GRINDER - $47 42 1T 5D 8P SAWS, CONCRETE $47 00 1T 5D 8P SCRAPERS - SELF PROPELLED, HARD TAIL END DUMP, ARTICULATING $47.91 1T 5D 8P OFF-ROAD EQUIPMENT (45 YD AND OVER) SCRAPERS, CONCRETE AND CARRY ALL $47 00 1T 5D 8P SCREED MAN $47 42 1T 5D 8P SHOTCRETE GUNITE $44 64 1T 5D 8P SLIPFORM PAVERS $47 91 1T 5D 8P SPREADER, TOPSIDER & SCREEDMAN $47 91 1T 5D 8P SUBGRADE TRIMMER $47 42 1T 5D 8P TOWER BUCKET ELEVATORS $47 00 1T 5D 8P TRACTORS, (75 HP & UNDER) $47 00 1T 5D 8P TRACTORS, (OVER 75 HP) $47 42 1T 5D 8P TRANSFER MATERIAL SERVICE MACHINE $47 42 1T 5D 8P TRANSPORTERS, ALL TRACK OR TRUCK TYPE $47 91 1T 5D 8P TRENCHING MACHINES $47 00 1T 5D 8P TRUCK CRANE OILER/DRIVER ( UNDER 100 TON) $47 00 1T 5D 8P TRUCK CRANE OILER/DRIVER (100 TON & OVER) $47 42 1T 5D 8P TRUCK MOUNT PORTABLE CONVEYER $47 42 1T 5D 8P WHEEL TRACTORS, FARMALL TYPE $44.64 1T 5D 8P YO YO PAY DOZER $47 42 1T 5D 8P POWER EQUIPMENT OPERATORS- UNDERGROUND SEWER &WATER (SEE POWER EQUIPMENT OPERATORS) POWER LINE CLEARANCE TREE TRIMMERS JOURNEY LEVEL IN CHARGE $39.29 4A 5A SPRAY PERSON $37.21 4A 5A TREE EQUIPMENT OPERATOR $37 81 4A 5A TREE TRIMMER $35 18 4A 5A TREE TRIMMER GROUNDPERSON $26 55 4A 5A REFRIGERATION & AIR CONDITIONING MECHANICS MECHANIC $57 74 10 5A RESIDENTIAL BRICK & MARBLE MASONS JOURNEY LEVEL $29 00 1 RESIDENTIAL CARPENTERS JOURNEY LEVEL $14.58 1 RESIDENTIAL CEMENT MASONS JOURNEY LEVEL $11 86 1 RESIDENTIAL DRYWALL TAPERS JOURNEY LEVEL $19 08 1 RESIDENTIAL ELECTRICIANS JOURNEY LEVEL $21.98 1 RESIDENTIAL GLAZIERS JOURNEY LEVEL $22.43 1B 61 RESIDENTIAL INSULATION APPLICATORS JOURNEY LEVEL $10 00 1 Page 5 YAKIMA COUNTY EFFECTIVE 03/04/2009 ********************************************************************************************************** (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code RESIDENTIAL LABORERS JOURNEY LEVEL RESIDENTIAL PAINTERS JOURNEY LEVEL RESIDENTIAL PLUMBERS & PIPEFITTERS JOURNEY LEVEL RESIDENTIAL SHEET METAL WORKERS JOURNEY LEVEL (FIELD OR SHOP) RESIDENTIAL SOFT FLOOR LAYERS JOURNEY LEVEL RESIDENTIAL TERRAZZO/TILE FINISHERS JOURNEY LEVEL ROOFERS JOURNEY LEVEL USING IRRITABLE BITUMINOUS MATERIALS SHEET METAL WORKERS JOURNEY LEVEL (FIELD OR SHOP) SIGN MAKERS & INSTALLERS (NON -ELECTRICAL) JOURNEY LEVEL SOFT FLOOR LAYERS JOURNEY LEVEL SOLAR CONTROLS FOR WINDOWS JOURNEY LEVEL SPRINKLER FITTERS (FIRE PROTECTION) JOURNEY LEVEL STAGE RIGGING MECHANICS (NON STRUCTURAL) JOURNEY LEVEL SURVEYORS CHAIN PERSON INSTRUMENT PERSON PARTY CHIEF TELECOMMUNICATION TECHNICIANS TELECOMMUNICATION TECHNICIANS JOURNEY LEVEL TELEPHONE UNE CONSTRUCTION - OUTSIDE CABLE SPLICER HOLE DIGGER/GROUND PERSON INSTALLER (REPAIRER) JOURNEY LEVEL TELEPHONE LINEPERSON SPECIAL APPARATUS INSTALLER 1 SPECIAL APPARATUS INSTALLER II TELEPHONE EQUIPMENT OPERATOR (HEAVY) TELEPHONE EQUIPMENT OPERATOR (LIGHT) TELEVISION GROUND PERSON TELEVISION LINEPERSON/INSTALLER TELEVISION SYSTEM TECHNICIAN TELEVISION TECHNICIAN TREE TRIMMER TERRAZZO WORKERS & TILE SETTERS JOURNEY LEVEL TILE, MARBLE & TERRAZZO FINISHERS FINISHER Page 6 $8.55 1 $13.89 1 $15.56 1 $32.26 1X 5A $17 55 1 $17 00 1 $31 31 2P 51 $34 31 2P 51 $46.11 1X 5A $14 65 1 $23.11 1N 5A $8.55 1 $45.35 1R 5Q $13.23 1 $9.25 1 $12.05 1 $15.05 1 $20 00 1 $31 46 2B 5A $17 58 2B 5A $3017 2B 5A $29.26 2B 5A $31 46 2B 5A $30.82 2B 5A $31 46 2B 5A $29.26 28 5A $16.67 2B 5A $22.19 2B 5A $26 42 2B 5A $23 76 2B 5A $29.26 2B 5A $29.88 2M 5A $25.80 2M 5A YAKIMA COUNTY EFFECTIVE 03/04/2009 ********************************************************************************************************** (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code TRAFFIC CONTROL STRIPERS JOURNEY LEVEL $37 90 1K 5A TRUCK DRIVERS ASPHALT MIX $14.19 1 DUMP TRUCK $32.97 2G 61 DUMP TRUCK & TRAILER $32.97 2G 61 OTHER TRUCKS $32.97 2G 61 TRANSIT MIXER $32.97 2G 61 WELL DRILLERS & IRRIGATION PUMP INSTALLERS IRRIGATION PUMP INSTALLER $25.44 1 OILER $9.20 1 WELL DRILLER $18 00 1 Page 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 State of Washington Department of Labor and Industries Prevailing Wage Section - Telephone (360) 902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, workers' wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements is provided on the Benefit Code Key .**.****************.*******************************************************************************************************************.*** PREVAILING WAGE RATE CORRECTION POWER EQUIPMENT OPERATORS JOURNEY LEVEL WAGE UPDATE PERIOD OF 03-04-2009 CORRECTION PUBLISHED ON 03-25-2009 CORRECTED RATE WILL BE EFFECTIVE ON 04-24-2009 *********************************************************.************************.********************************************************* Corrected Rate Compared to the Incorrect Rate Previously Published. COUNTIES COVERED: CHELAN, CLALLAM, DOUGLAS, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, KITTITAS, LEWIS, MASON, PACIFIC, PIERCE, SKAGIT, SNOHOMISH, THURSTON, WHATCOM AND YAKIMA Classification Corrected Rate Incorrect Rate SCREED MAN $47 91 $47 42 Washington State Department of Labor and Industries Policy Statement (Regarding the Production of "Standard" or "Non-standard" Items) Below is the department's (State L&I's) list of criteria to be used in determining whether a prefabricated item is "standard" or "non-standard". For items not appearing on WSDOT's predetermined list, these criteria shall be used by the Contractor (and the Contractor's subcontractors, agents to subcontractors, suppliers, manufacturers, and fabricators) to determine coverage under RCW 39.12. The production, in the State of Washington, of non-standard items is covered by RCW 39.12, and the production of standard items is not. The production of any item outside the State of Washington is not covered by RCW 39.12. 1 Is the item fabricated for a public works project? If not, it is not subject to RCW 39 12. If it is, go to question 2. 2. Is the item fabricated on the public works jobsite? If it is, the work is covered under RCW 39.12. If not, go to question 3. 3. Is the item fabricated in an assembly/fabrication plant set up for, and dedicated primarily to, the public works project? If it is, the work is covered by RCW 39.12. If not, go to question 4. 4 Does the item require any assembly, cutting, modification or other fabrication by the supplier? If not, the work is not covered by RCW 39.12. If yes, go to question 5. 5. Is the prefabricated item intended for the public works project typically an inventory item which could reasonably be sold on the general market? If not, the work is covered by RCW 39.12. If yes, go to question 6 6. Does the specific prefabricated item, generally defined as standard, have any unusual characteristics such as shape, type of material, strength requirements, finish, etc? If yes, the work is covered under RCW 39.12. Any firm with questions regarding the policy, WSDOT's Predetermined List, or for determinations of covered and non -covered workers shall be directed to State L&I at (360) 902-5330. Supplemental to Wage Rates 1 WSDOT's Predetermined List for Suppliers - Manufactures - Fabricator Below is a list of potentially prefabricated items, originally furnished by WSDOT to Washington State Department of Labor and Industries, that may be considered non- standard and therefore covered by the prevailing wage law, RCW 39.12. Items marked with an X in the "YES" column should be considered to be non-standard and therefore covered by RCW 39.12. Items marked with an X in the "NO" column should be considered to be standard and therefore not covered. Of course, exceptions to this general list may occur, and in that case shall be evaluated according to the criteria described in State and L&I's policy statement. ITEM DESCRIPTION YES NO 1. Metal rectangular frames, solid metal covers, herringbone grates, and bi-directional vaned grates for Catch Basin Types 1, 1L, 1P, and 2 and Concrete Inlets. See Std. Plans X 2. Metal circular frames (rings) and covers, circular grates, and prefabricated ladders for Manhole Types 1, 2, and 3, Drywell Types 1, 2, and 3 and Catch Basin Type 2. See Std. Plans X 3. Prefabricated steel grate supports and welded grates, metal frames and dual vaned grates, and Type 1, 2, and 3 structural tubing grates for Drop Inlets. See Std. Plans. X 4 Concrete Pipe - Plain Concrete pipe and reinforced concrete pipe Class 2 to 5 sizes smaller than 60 inch diameter X 5. Concrete Pipe - Plain Concrete pipe and reinforced concrete pipe Class 2 to 5 sizes larger than 60 inch diameter X 6. Corrugated Steel Pipe - Steel lock seam corrugated pipe for culverts and storm sewers, sizes 30 inch to 120 inches in diameter. May also be treated, 1 thru 5 X 7. Corrugated Aluminum Pipe - Aluminum lock seam corrugated pipe for culverts and storm sewers, sizes 30 inch to 120 inches in diameter May also be treated, #5. X Supplemental to Wage Rates 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WSDOT's Predetermined List for Suppliers - Manufactures - Fabricator ITEM DESCRIPTION YES NO 8 Anchor Bolts & Nuts - Anchor Bolts and Nuts, for mounting sign structures, luminaries and other items, shall be made from commercial bolt stock. See Contract Plans and Std. Plans for size and material type X 9. Aluminum Pedestrian Handrail - Pedestrian handrail conforming to the type and material specifications set forth in the contract plans. Welding of aluminum shall be in accordance with Section 9-28.14(3). X 10. Major Structural Steel Fabrication - Fabrication of major steel items such as trusses, beams, girders, etc., for bridges. X 11. Minor Structural Steel Fabrication - Fabrication of minor steel Items such as special hangers, brackets, access doors for structures, access ladders for irrigation boxes, bridge expansion joint systems, etc., involving welding, cutting, punching and/or boring of holes. See Contact Plans for item description and shop drawings. X 12. Aluminum Bridge Railing Type BP - Metal bridge railing conforming to the type and material specifications set forth in the Contract Plans. Welding of aluminum shall be in accordance with Section 9-28 14(3). X 13. Concrete Piling--Precast-Prestressed concrete piling for use as 55 and 70 ton concrete piling Concrete to conform to Section 9-19.1 of Std. Spec . X 14 Precast Manhole Types 1, 2, and 3 with cones, adjustment sections and flat top slabs. See Std. Plans. X 15 Precast Drywell Types 1, 2, and with cones and adjustment Sections. See Std. Plans. X 16 Precast Catch Basin - Catch Basin type 1, 1 L, 1 P, and 2 With adjustment sections. See Std. Plans. X Supplemental to Wage Rates 3 WSDOT's Predetermined List for Suppliers - Manufactures - Fabricator ITEM DESCRIPTION YES NO 17 Precast Concrete Inlet - with adjustment sections, See Std. Plans X 18 Precast Drop Inlet Type 1 and 2 with metal grate supports. See Std. Plans. X 19. Precast Grate Inlet Type 2 with extension and top units See Std Plans X 20 Metal frames, vaned grates, and hoods for Combination Inlets. See Std. Plans X 21 Precast Concrete Utility Vaults - Precast Concrete utility vaults of various sizes. Used for in ground storage of utility facilities and controls. See Contract Plans for size and construction requirements. Shop drawings are to be provided for approval prior to casting X 22. Vault Risers - For use with Valve Vaults and Utilities Vaults X 23. Valve Vault - For use with underground utilities. See Contract Plans for details. X 24 Precast Concrete Barrier - Precast Concrete Barrier for use as new barrier or may also be used as Temporary Concrete Barrier. Only new state approved barrier may be used as permanent barrier X 25 Reinforced Earth Wall Panels — Reinforced Earth Wall Panels in size and shape as shown in the Plans. Fabrication plant has annual approval for methods and materials to be used See Shop Drawing. Fabrication at other locations may be approved, after facilities inspection, contact HQ. Lab X 26 Precast Concrete Walls - Precast Concrete Walls - tilt -up wall panel in size and shape as shown in Plans. Fabrication plant has annual approval for methods and materials to be used Supplemental to Wage Rates 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WSDOT's Predetermined List for Suppliers - Manufactures - Fabricator ITEM DESCRIPTION YES NO 27. Precast Railroad Crossings - Concrete Crossing Structure Slabs. 28 12, 18 and 26 inch Standard Precast Prestressed Girder — Standard Precast Prestressed Girder for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A x 29. Prestressed Concrete Girder Series 4-14 - Prestressed Concrete Girders for use in structures. Fabricator plant has annual approval , of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A 30. Prestressed Tri -Beam Girder - Prestressed Tri -Beam Girders for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A x 31. Prestressed Precast Hollow -Core Slab — Precast Prestressed Hollow -core slab for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A. x 32. Prestressed -Bulb Tee Girder - Bulb Tee Prestressed Girder for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A x 33. Monument Case and Cover See Std. Plan. Supplemental to Wage Rates 5 WSDOT's Predetermined List for Suppliers - Manufactures - Fabricator ITEM DESCRIPTION YES NO 34. Cantilever Sign Structure - Cantilever Sign Structure fabricated from steel tubing meeting AASHTO-M-183 See Std Plans, and Contract Plans for details. The steel structure shall be galvanized after fabrication in accordance with AASHTO-M-111 X 35. Mono -tube Sign Structures - Mono -tube Sign Bridge fabricated to details shown in the Plans. Shop drawings for approval are required prior to fabrication. X 36 Steel Sign Bridges - Steel Sign Bridges fabricated from steel tubing meeting AASHTO-M-138 for Aluminum Alloys See Std. Plans, and Contract Plans for details. The steel structure shall be galvanized after fabrication in accordance with AASHTO-M-111. X 37. Steel Sign Post - Fabricated Steel Sign Posts as detailed in Std Plans. Shop drawings for approval are to be provided prior to fabrication X 38. Light Standard -Prestressed - Spun, prestressed, hollow concrete poles. X 39 Light Standards - Lighting Standards for use on highway illumination systems, poles to be fabricated to conform with methods and materials as specified on Std. Plans. See Specia Provisions for pre -approved drawings. X 40. 41 Traffic Signal Standards - Traffic Signal Standards for use on highway and/or street signal systems. Standards to be fabricated to conform with methods and material as specified on Std. Plans. See Special Provisions for pre -approved drawings X Precast Concrete Sloped Mountable Curb (Single and DualFaced) See Std. Plans. Supplemental to Wage Rates 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WSDOT's Predetermined List for Suppliers - Manufactures - Fabricator ITEM DESCRIPTION YES NO 42. Traffic Signs - Prior to approval of a Fabricator of Traffic Signs, the sources of the following materials must be submitted and approved for reflective sheeting, legend material, and aluminum sheeting. NOTE: *** Fabrication inspection required Only signs tagged "Fabrication Approved" by WSDOT Sign Fabrication Inspector to be installed X X Custom Message Std Signing Message 43 Cutting & bending reinforcing steel X 44. Guardrail components X X Custom End Sec Standard Sec 45. Aggregates/Concrete mixes Covered by WAC 296-127-018 46 Asphalt Covered by WAC 296-127-018 47. Fiber fabrics X 48 Electrical wiring/components X 49. treated or untreated timber pile X 50. Girder pads (elastomeric bearing) X 51 Standard Dimension lumber X 52. Irrigation components X Supplemental to Wage Rates 7 WSDOT's Predetermined List for Suppliers - Manufactures - Fabricator ITEM DESCRIPTION YES NO 53. Fencing materials x 54. Guide Posts x 55. Traffic Buttons x 56. Epoxy x 57. Cribbing x 58. Water distribution materials x 59. Steel "H" piles x 60. Steel pipe for concrete pile casings x 61. Steel pile tips, standard x 62. Steel pile tips, custom X Supplemental to Wage Rates 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 State of Washington Department of Labor and Industries Prevailing Wage Section - Telephone (360) 902 - PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, workers' wage and benefit rates must add to not Tess than this total. A brief description of overtime calculation requirements is provided on the Benefit Code Key METAL FABRICATION (IN SHOP) EFFECTIVE 03/04/2009 Classification Code (See Benefit Code Key) Prevailing Overtime Holiday Wage Code Code Counties Covered: ADAMS, ASOTIN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, KITTITAS LINCOLN, OKANOGAN, PEND ORIELLE, STEVENS, WALLA WALLA AND WHITMAN FITTER/WELDER $12.76 LABORER $8.55 MACHINE OPERATOR $12.66 PAINTER $10.20 Counties Covered: BENTON 1 1 1 1 MACHINE OPERATOR $10.53 1 PAINTER $9.76 1 WELDER $16.70 1 1 Counties Covered: CHELAN FITTER $15.04 1 LABORER $9.54 1 MACHINE OPERATOR $9.71 1 PAINTER $9.93 1 WELDER $12.24 1 Counties Covered: CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, LEWIS, MASON, PACIFIC SAN JUAN AND SKAGIT FITTER/WELDER $15.16 1 LABORER $11.13 1 MACHINE OPERATOR $10.66 1 PAINTER $11 41 1 Supplemental to Wage Rates 9 1 1 METAL FABRICATION (IN SHOP) EFFECTIVE 03/04/2009 (See Benefit Code Key) Classification Code Prevailing Overtime Holiday 1 Wage Code Code Counties Covered: CLARK FITTER $27 49 1E 6H LABORER $19.21 1E 6H MACHINE OPERATOR $28.77 1E 6H PAINTER $25.31 1E 6H WELDER $26.89 1E 6H LAYEROUT $28.77 1E 6H Counties Covered: MACHINE OPERATOR $24.65 1B 6V FITTER $24.65 1B 6V WELDER $24.65 1B 6V Counties Covered: GRANT FITTERNVELDER $10.79 1 PAINTER $8.55 1 Counties Covered: KING COWLITZ FITTER $15.86 1 LABORER $9 78 1 MACHINE OPERATOR $13.04 1 PAINTER $11 10 1 WELDER 15.48 I Counties Covered: KITSAP FITTER $26.96 1 I LABORER $8.55 1 MACHINE OPERATOR $13.83 1 WELDER $13.83 1 1 1 1 Supplemental to Wage Rates 10 1 1 1 METAL FABRICATION (IN SHOP) EFFECTIVE 03/04/2009 Classification Code (See Benefit Code Key) Prevailing Overtime Holiday Wage Code Code FITTERJWELDER LABORER MACHINE OPERATOR PAINTER FITTER LABORER MACHINE OPERATOR WELDER FITTERNVELDER LABORER MACHINE OPERATOR PAINTER Counties Covered: KLICKITAT, SKAMANIA, WAHKIAKUM $16.99 1 $10.44 1 $17.21 1 $17.03 1 Counties Covered: PIERCE $15.25 1 $10.32 1 $13.98 1 $13.98 1 Counties Covered: SNOHOMISH $15.38 1 $9 79 1 $8.84 1 $9.98 1 Counties Covered: SPOKANE FITTER $12.59 1 LABORER $8.55 1 MACHINE OPERATOR $13.26 1 PAINTER $10.27 1 WELDER $10.80 1 Supplemental to Wage Rates 11 Classification Code METAL FABRICATION (IN SHOP) EFFECTIVE 03/04/2009 (See Benefit Code Key) Prevailing Overtime Holiday Wage Code Code Counties Covered: THURSTON FITTER $26.24 1A 6T LABORER $16.42 1A 6T MACHINE OPERATOR $20.23 1A 6T LAYEROUT $28.56 1A 6T WELDER $23.97 1A 6T Counties Covered: WHATCOM FITTER/WELDER $13.81 1 LABORER $9.00 1 MACHINE OPERATOR $13.81 1 Counties Covered: YAKIMA FITTER $12.00 1 LABORER $10.31 1 MACHINE OPERATOR $11.32 1 PAINTER $12.00 1 WELDER $11.32 1 Supplemental to Wage Rates 12 FABRICATED PRECAST CONCRETE PRODUCTS EFFECTIVE 03/04/2009 Classification Code (See Benefit Code Key) Prevailing Overtime Holiday Wage Code Code Counties Covered: ADAMS, ASOTIN, BENTON, COLUMBIA, DOUGLAS, FERRY, GARFIELD, GRANT, LINCOLN, OKANOGAN, PEND OREILLE, STEVENS, WALLA WALLA AND WHITMAN ALL CLASSIFICATIONS ALL CLASSIFICATIONS $9.96 1 Counties Covered: CHELAN, KITTITAS, KLICKITATAND SKAMANIA 8.61 1 Counties Covered: CLALLAM, CLARK, COWLITZ, GRAYS HARBOR, ISLAND, JEFFERSON, KITSAP,LEWIS, MASON, PACIFIC, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON AND WAHKIAKUM ALL CLASSIFICATIONS $13.50 1 Counties Covered: FRANKLIN ALL CLASSIFICATIONS $11.50 1 Counties Covered: KING ALL CLASSIFICATIONS $13.60 2K 5B Counties Covered: PIERCE ALL CLASSIFICATIONS $9.28 1 Counties Covered: SPOKANE ALL CLASSIFICATIONS $20.23 1 Counties Covered: WHATCOM ALL CLASSIFICATIONS $13.67 1 CRAFTSMAN LABORER Counties Covered: YAKIMA $8.72 $8.55 Supplemental to Wage Rates 13 WSDOT's List of State Occupations not applicable to Heavy and Highway Construction Projects This project is subject to the state hourly minimum rates for wages and fringe benefits in the contract provisions, as provided by the state Department of Labor and Industries. The following list of occupations, is comprised of those occupations that are not normally used in the construction of heavy and highway projects. When considering job classifications for use and / or payment when bidding on, or building heavy and highway construction projects for, or administered by WSDOT, these Occupations will be excepted from the included "Washington State Prevailing Wage Rates For Public Work Contracts" documents. • Electrical Fixture Maintenance Workers • Electricians - Motor Shop • Heating Equipment Mechanics • Industrial Engine and Machine Mechanics • Industrial Power Vacuum Cleaners • Inspection, Cleaning, Sealing of Water Systems by Remote Control • Laborers - Underground Sewer & Water • Machinists (Hydroelectric Site Work) • Modular Buildings • Playground & Park Equipment Installers • Power Equipment Operators - Underground Sewer & Water • Residential *** ALL ASSOCIATED RATES*** • Sign Makers and Installers (Non -Electrical) • Sign Makers and Installers (Electrical) • Stage Rigging Mechanics (Non Structural) The following occupations may be used only as outlined in the preceding text concerning "WSDOT's list for Suppliers - Manufacturers - Fabricators" • Fabricated Precast Concrete Products • Metal Fabrication (In Shop) Definitions for the Scope of Work for prevailing wages may be found at the Washington State Department of Labor and Industries web site and in WAC Chapter 296-127 Supplemental to Wage Rates 14 Washington State Department of Labor and Industries Policy Statements (Regarding Production and Delivery of Gravel, Concrete, Asphalt, etc.) WAC 296-127-018 Agency filings affecting this section Coverage and exemptions of workers involved in the production and delivery of gravel, concrete, asphalt, or similar materials. (1) The materials covered under this section include but are not limited to: Sand, gravel, crushed rock, concrete, asphalt, or other similar materials. (2) All workers, regardless of by whom employed, are subject to the provisions of chapter 39.12 RCW when they perform any or all of the following functions: (a) They deliver or discharge any of the above -listed materials to a public works project site: (i) At one or more point(s) directly upon the location where the material will be incorporated into the project; or (ii) At multiple points at the project; or (iii) Adjacent to the location and coordinated with the incorporation of those materials. (b) They wait at or near a public works project site to perform any tasks subject to this section of the rule. (c) They remove any materials from a public works construction site pursuant to contract requirements or specifications (e.g., excavated materials, materials from demolished structures, clean-up materials, etc.). (d) They work in a materials production facility (e.g., batch plant, borrow pit, rock quarry, etc.,) which is established for a public works project for the specific, but not necessarily exclusive, purpose of supplying materials for the project. (e) They deliver concrete to a public works site regardless of the method of incorporation. (f) They assist or participate in the incorporation of any materials into the public works project. Supplemental to Wage Rates 15 (3) All travel time that relates to the work covered under subsection (2) of this section requires the payment of prevailing wages. Travel time includes time spent waiting to load, loading, transporting, waiting to unload, and delivering materials Travel time would include all time spent in travel in support of a public works project whether the vehicle is empty or full For example, travel time spent returning to a supply source to obtain another load of material for use on a public works site or retuming to the public works site to obtain another load of excavated material is time spent in travel that is subject to prevailing wage. Travel to a supply source, including travel from a public works site, to obtain materials for use on a private project would not be travel subject to the prevailing wage. (4) Workers are not subject to the provisions of chapter 39.12 RCW when they deliver materials to a stockpile. (a) A "stockpile" is defined as materials delivered to a pile located away from the site of incorporation such that the stockpiled materials must be physically moved from the stockpile and transported to another location on the project site in order to be incorporated into the project. (b) A stockpile does not include any of the functions described in subsection (2)(a) through (f) of this section; nor does a stockpile include materials delivered or distributed to multiple locations upon the project site; nor does a stockpile include materials dumped at the place of incorporation, or adjacent to the location and coordinated with the incorporation. (5) The applicable prevailing wage rate shall be determined by the locality in which the work is performed. Workers subject to subsection (2)(d) of this section, who produce such materials at an off-site facility shall be paid the applicable prevailing wage rates for the county in which the off-site facility is located. Workers subject to subsection (2) of this section, who deliver such materials to a public works project site shall be paid the applicable prevailing wage rates for the county in which the public works project is located [Statutory Authority. Chapter 39 12 RCW, RCW 43.22.051 and 43.22.270. 08-24-101, § 296-127-018, filed 12/2/08, effective 1/2/09. Statutory Authority. Chapters 39 04 and 39.12 RCW and RCW 43.22.270. 92-01-104 and 92-08-101, § 296-127-018, filed 12/18/91 and 4/1/92, effective 8/31/92.] Supplemental to Wage Rates 16 BENEFIT CODE KEY - EFFECTIVE 03-04-2009 ************************************************************************************************************************ OVERTIME CODES OVERTIME CALCULATIONS ARE BASED ON THE HOURLY RATE ACTUALLY PAID TO THE WORKER. ON PUBLIC WORKS PROJECTS, THE HOURLY RATE MUST BE NOT LESS THAN THE PREVAILING RATE OF WAGE MINUS THE HOURLY RATE OF THE COST OF FRINGE BENEFITS ACTUALLY PROVIDED FOR THE WORKER. 1 ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. ALL HOURS WORKED ON SATURDAYS, SUNDAYS AND HOLIDAYS SHALL ALSO BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. C. THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND THE FIRST TEN (10) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL OTHER OVERTIME HOURS WORKED SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. D THE FIRST TWO (2) HOURS BEFORE OR AFTER A FIVE - EIGHT (8) HOUR WORKWEEK DAY OR A FOUR - TEN (10) HOUR WORKWEEK DAY AND THE FIRST EIGHT (8) HOURS WORKED THE NEXT DAY AFTER EITHER WORKWEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL ADDITIONAL HOURS WORKED AND ALL WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. E. THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND THE FIRST EIGHT (8) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL OTHER HOURS WORKED MONDAY THROUGH SATURDAY, AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. F THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND THE FIRST TEN (10) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL OTHER OVERTIME HOURS WORKED, EXCEPT LABOR DAY, SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON LABOR DAY SHALL BE PAID AT THREE TIMES THE HOURLY RATE OF WAGE. G. THE FIRST TEN (10) HOURS WORKED ON SATURDAYS AND THE FIRST TEN (10) HOURS WORKED ON A FIFTH CALENDAR WEEKDAY IN A FOUR - TEN HOUR SCHEDULE, SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED IN EXCESS OF TEN (10) HOURS PER DAY MONDAY THROUGH SATURDAY AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. H. ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS IF WORK IS LOST DUE TO INCLEMENT WEATHER CONDITIONS OR EQUIPMENT BREAKDOWN) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED MONDAY THROUGH SATURDAY OVER TWELVE (12) HOURS AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. T. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. J THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND THE FIRST TEN (10) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED OVER TEN (10) HOURS MONDAY THROUGH SATURDAY, SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. K. ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. L. ALL HOURS WORKED IN EXCESS OF TEN (10) HOURS PER DAY MONDAY THROUGH SATURDAY AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. M. ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS IF WORK IS LOST DUE TO INCLEMENT WEATHER CONDITIONS) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. N. ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. 0 THE FIRST TEN (10) HOURS WORKED ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS, HOLIDAYS AND AFTER TWELVE (12) HOURS, MONDAY THROUGH FRIDAY, AND AFTER TEN (10) HOURS ON SATURDAY SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. P ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS IF CIRCUMSTANCES WARRANT) AND SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. BENEFIT CODE KEY - EFFECTIVE 03-04-2009 -2- 1 THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND UP TO TEN (10) HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED IN EXCESS OF TEN (10) HOURS PER DAY MONDAY THROUGH SATURDAY AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS (EXCEPT CHRISTMAS DAY) SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON CHRISTMAS DAY SHALL BE PAID AT TWO AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. R. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. S THE FIRST TWO (2) HOURS AF 1 ER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND THE FIRST EIGHT (8) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL OTHER OVERTIME HOURS WORKED, EXCEPT LABOR DAY, SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON LABOR DAY SHALL BE PAID AT THREE TIMES THE HOURLY RATE OF WAGE. T WORK PERFORMED IN EXCESS OF EIGHT (8) HOURS OF STRAIGHT TIME PER DAY, OR TEN (10) HOURS OF STRAIGHT TIME PER DAY WHEN FOUR TEN (10) HOUR SHIFTS ARE ESTABLISHED, OR FORTY (40) HOURS OF STRAIGHT TIME PER WEEK, MONDAY THROUGH FRIDAY, OR OUTSIDE THE NORMAL SHIFT, AND ALL WORK ON SATURDAYS SHALL BE PAID AT TIME AND ONE-HALF THE STRAIGHT TIME RATE. HOURS WORKED OVER TWELVE HOURS (12) IN A SINGLE SHIFT AND ALL WORK PERFORMED AFTER 6.00 PM SATURDAY TO 6.00 AM MONDAY AND HOLIDAYS SHALL BE PAID AT DOUBLE THE STRAIGHT TIME RATE OF PAY THE EMPLOYER SHALL HAVE THE SOLE DISCRETION TO ASSIGN OVERTIME WORK TO EMPLOYEES. PRIMARY CONSIDERATION FOR OVERTIME WORK SHALL BE GIVEN TO EMPLOYEES REGULARLY ASSIGNED TO THE WORK TO BE PERFORMED ON OVERTIME SITUATIONS AFTER AN EMPLOYEE HAS WORKED EIGHT (8) HOURS AT AN APPLICABLE OVERTIME RATE, ALL ADDITIONAL HOURS SHALL BE AT THE APPLICABLE OVERTIME RATE UNTIL SUCH TIME AS THE EMPLOYEE HAS HAD A BREAK OF EIGHT (8) HOURS OR MORE. U ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON LABOR DAY SHALL BE PAID AT THREE TIMES THE HOURLYRATE OF WAGE. ✓ ALL HOURS WORKED ON SATURDAYS, SUNDAYS AND HOLIDAYS (EXCEPT THANKSGIVING DAY AND CHRISTMAS DAY) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON THANKSGIVING DAY AND CHRISTMAS DAY SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. W ALL HOURS WORKED ON SATURDAYS AND SUNDAYS (EXCEPT MAKE-UP DAYS DUE TO CONDITIONS BEYOND THE CONTROL OF THE EMPLOYER) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. X. THE FIRST FOUR (4) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND THE FIRST TWELVE (12) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED OVER TWELVE (12) HOURS MONDAY THROUGH SATURDAY, SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. WHEN HOLIDAY FALLS ON SATURDAY OR SUNDAY, THE DAY BEFORE SATURDAY, FRIDAY, AND THE DAY AFTER SUNDAY, MONDAY, SHALL BE CONSIDERED THE HOLIDAY AND ALL WORK PERFORMED SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. Y ALL HOURS WORKED OUTSIDE THE HOURS OF 5.00 AM AND 5.00 PM (OR SUCH OTHER HOURS AS MAY BE AGREED UPON BY ANY EMPLOYER AND THE EMPLOYEE) AND ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY (10 HOURS PER DAY FOR A 4 X 10 WORKWEEK) AND ON SATURDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. (EXCEPT FOR EMPLOYEES WHO ARE ABSENT FROM WORK WITHOUT PRIOR APROVAL ON A SCHEDULED WORKDAY DURING THE WORKWEEK SHALL BE PAID AT THE STRAIGHT -TIME RATE UNTIL THEY HAVE WORKED 8 HOURS IN A DAY (10 IN A 4 X 10 WORKWEEK) OR 40 HOURS DURING THAT WORKWEEK.) ALL HOURS WORKED MONDAY THROUGH SATURDAY OVER TWELVE (12) HOURS AND ALL HOURS WORKED ON SUNDAYS AND LABOR DAY SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. Z ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID THE STRAIGHT TIME RATE OF PAY IN ADDITION TO HOLIDAY PAY 2. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. THE FIRST SIX (6) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED IN EXCESS OF SIX (6) HOURS ON SATURDAY AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. B ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. C ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BENEFIT CODE KEY - EFFECTIVE 03-04-2009 -3- D ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. THE FIRST EIGHT (8) HOURS WORKED ON HOLIDAYS SHALL BE PAID AT STRAIGHT TIME IN ADDITION TO THE HOLIDAY PAY ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. E. ALL HOURS WORKED ON SATURDAYS OR HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS OR ON LABOR DAY SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. F THE FIRST EIGHT (8) HOURS WORKED ON HOLIDAYS SHALL BE PAID AT THE STRAIGHT HOURLY RATE OF WAGE IN ADDITION TO THE HOLIDAY PAY ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. G. ALL HOURS WORKED ON SUNDAY SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON PAID HOLIDAYS SHALL BE PAID AT TWO AND ONE-HALF TIMES THE HOURLY RATE OF WAGE INCLUDING HOLIDAY PAY. H. ALL HOURS WORKED ON SUNDAY SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. 2. I. ALL HOURS WORKED ON SATURDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT ONE AND ONE- HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND ON LABOR DAY SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. J ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON PAID HOLIDAYS SHALL BE PAID AT TWO AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, INCLUDING THE HOLIDAY PAY ALL HOURS WORKED ON UNPAID HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. K. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE IN ADDITION TO THE HOLIDAY PAY L. ALL HOURS WORKED ON SATURDAYS (OR ON THE REGULAR DAY OFF DURING A WORKWEEK OTHER THAN MONDAY THROUGH FRIDAY) AND HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, EXCEPT LABOR DAY WHICH SHALL BE PAID AT DOUBLE THE HOURLY RATE. ALL HOURS WORKED MONDAY THROUGH SATURDAY OVER TWELVE (12) HOURS AND ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. M. ALL HOURS WORKED ON SATURDAYS, SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. O ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. P THE FIRST EIGHT (8) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED IN EXCESS OF EIGHT 8) HOURS ON SATURDAY AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. Q ALL HOURS WORKED ON LABOR DAY SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. R. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS AND ALL HOURS WORKED OVER SIXTY (60) IN ONE WEEK SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. S ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE, EXCEPT THE DAY AFTER THANKSGIVING, THE DAY AFTER CHRISTMAS AND A FLOATING HOLIDAY, WHICH SHALL BE PAID AT THE STRAIGHT TIME RATE IF WORKED, IN ADDITION TO HOLIDAY PAY 4A. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SATURDAYS, SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. HOLIDAY CODES 5 A. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (7). BENEFIT CODE KEY - EFFECTIVE 03-04-2009 -4- B HOLIDAYS. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS, AND CHRISTMAS DAY (8). C. HOLIDAYS NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). D HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AND SATURDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). E. HOLIDAYS NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, PRESIDENTIAL ELECTION DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). F HOLIDAYS NEW YEARS DAY, MARTIN LUTHER KING JR. DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS' DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (11). G HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE LAST WORK DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (7). H. HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY, AND CHRISTMAS (6). HOLIDAYS. NEW YEARS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY (6). J HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS EVE DAY, AND CHRISTMAS DAY (7). K. HOLIDAYS NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS, AND CHRISTMAS DAY (9). L. HOLIDAYS NEW YEAR'S DAY, MARTIN LUTHER KING JR. DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). M. HOLIDAYS. NEW YEAR'S DAY, MARTIN LUTHER KING JR. DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS AND CHRISTMAS DAY (9). N HOLIDAYS NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS' DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (9). P HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AND SATURDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS, AND CHRISTMAS DAY (9). IF A HOLIDAY FALLS ON SUNDAY, THE FOLLOWING MONDAY SHALL BE CONSIDERED AS A HOLIDAY Q PAID HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY (6). R. PAID HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, ONE-HALF DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (7 1!2). 5 S. PAID HOLIDAYS NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY (7). T PAID HOLIDAYS NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, AND THE DAY BEFORE OR AFTER CHRISTMAS (9). U PAID HOLIDAYS NEW YEAR'S DAY, MARTIN LUTHER KING JR. DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY (8). ✓ PAID HOLIDAYS. SIX (6) PAID HOLIDAYS W PAID HOLIDAYS. NINE (9) PAID HOLIDAYS X. HOLIDAYS. AFTER 520 HOURS - NEW YEAR'S DAY, THANKSGIVING DAY AND CHRISTMAS DAY AFTER 2080 HOURS - NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, CHRISTMAS DAY AND A FLOATING HOLIDAY (8). 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BENEFIT CODE KEY - EFFECTIVE 03-04-2009 -5- Y HOLIDAYS: NEW YEARS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, PRESIDENTIAL ELECTION DAY, THANKSGIVING DAY, THE FRIDAY FOLLOWING THANKSGIVING DAY, AND CHRISTMAS DAY (8). Z. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). 6. A. PAID HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). B. PAID HOLIDAYS: NEW YEAR'S EVE DAY, NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS EVE'S DAY, AND CHRISTMAS DAY (9). C. HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY, THE LAST WORK DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (9). D PAID HOLIDAYS: NEW YEARS DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, THE DAY BEFORE OR THE DAY AFTER CHRISTMAS DAY (9). E. PAID HOLIDAYS: NEW YEAR'S DAY, DAY BEFORE OR AFTER NEW YEAR'S DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, AND A HALF-DAY ON CHRISTMAS EVE DAY (9 1/2). F PAID HOLIDAYS: NEW YEAR'S DAY, MARTIN LUTHER KING JR. DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS' DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (11). G PAID HOLIDAYS- NEW YEAR'S DAY, MARTIN LUTHER KING JR. DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS' DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, AND CHRISTMAS EVE DAY (11). H. PAID HOLIDAYS. NEW YEAR'S DAY, NEW YEAR'S EVE DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, THE DAY AFTER CHRISTMAS, AND A FLOATING HOLIDAY (10). I. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (7). J PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, THE DAY AFTER CHRISTMAS, AND A FLOATING HOLIDAY (9). L. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, THE LAST WORKING DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (8) Q PAID HOLIDAYS. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY AND CHRISTMAS DAY (8). UNPAID HOLIDAY, PRESIDENTS' DAY T PAID HOLIDAYS. NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, THE LAST WORKING DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (9). U HOLIDAYS. NEW YEAR'S DAY, DAY BEFORE NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS DAY, CHRISTMAS DAY (9). ✓ PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS EVE DAY, CHRISTMAS DAY, AND ONE DAY OF THE EMPLOYEE'S CHOICE (9). W PAID HOLIDAYS. NEW YEAR'S DAY, DAY BEFORE NEW YEAR'S DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, DAY BEFORE OR AFTER CHRISTMAS DAY (10). X. PAID HOLIDAYS. NEW YEAR'S DAY, DAY BEFORE OR AFTER NEW YEAR'S DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, DAY BEFORE OR AFTER CHRISTMAS DAY, EMPLOYEE'S BIRTHDAY (11). Y PAID HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, AND A FLOATING HOLIDAY (9). BENEFIT CODE KEY - EFFECTIVE 03-04-2009 -6- Z. HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (7). IF A HOLIDAY FALLS ON SATURDAY, THE PRECEDING FRIDAY SHALL BE CONSIDERED AS THE HOLIDAY IF A HOLIDAY FALLS ON SUNDAY, THE FOLLOWING MONDAY SHALL BE CONSIDERED AS THE HOLIDAY NOTE CODES 8. A. IN ADDITION TO THE HOURLY WAGE AND FRINGE BENEFITS, THE FOLLOWING DEPTH PREMIUMS APPLY TO DEPTHS OF FIFTY FEET OR MORE. OVER 50' TO 100' - $2.00 PER FOOT FOR EACH FOOT OVER 50 FEET OVER 100' TO 150' - $3 00 PER FOOT FOR EACH FOOT OVER 100 FEET OVER 150' TO 220' - $4 00 PER FOOT FOR EACH FOOT OVER 150 FEET OVER 220' - $5 00 PER FOOT FOR EACH FOOT OVER 220 FEET C. IN ADDITION TO THE HOURLY WAGE AND FRINGE BENEFITS, THE FOLLOWING DEPTH PREMIUMS APPLY TO DEPTHS OF FIFTY FEET OR MORE. OVER 50' TO 100' - $1 00 PER FOOT FOR EACH FOOT OVER 50 FEET OVER 100' TO 150' - $1.50 PER FOOT FOR EACH FOOT OVER 100 FEET OVER 150' TO 200' - $2.00 PER FOOT FOR EACH FOOT OVER 150 FEET OVER 200' - DIVERS MAY NAME THEIR OWN PRICE D WORKERS WORKING WITH SUPPLIED AIR ON HAZMAT PROJECTS RECEIVE AN ADDITIONAL $1 00 PER HOUR. L. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A. $0 75, LEVEL 13 $0.50, AND LEVEL C. $0.25 M. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS. LEVELS A & 13 $1 00, LEVELS C & D. $0.50. N WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A. $1 00, LEVEL B $0 75, LEVEL C $0.50, AND LEVEL D $0.25 P WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - CLASS A SUIT $2.00, CLASS B SUIT $1 50, CLASS C SUIT $1 00, AND CLASS D SUIT $0.50 PROPOSAL Proposal Form Item Proposal Bid Sheet Bid Bond Form Non -Collusion Declaration Certification for Federal -Aid Contracts Non -Discrimination Provision Subcontractor List Women and Minority Business Enterprise Policy Council Resolution Affirmative Action Plan Bidders Certification Contractor and Subcontractor of Lower Tier Subcontractor for Federal -Aid Projects Materially and Responsiveness Proposal Signature Sheet Bidders Check List PROPOSAL To the City Clerk Yakima, Washington This certifies that the undersigned has examined the location of: City of Yakima Heritage Trails YAK YVT 3 Bridge Restoration City Project No. 2167 Federal Aid No. STPE-1485(021) 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. 137 ITEM PROPOSAL BID SHEET City of Yakima Heritage Trails YAK YVT 3 Bridge Restoration City Project No. 2167 Federal Aid No.: STPE-1485(021) ITEM NO. PROPOSAL ITEM PAYMENT SECTION QTY UNIT UNIT PRICE DOLLARS AMOUNT DOLLARS 1 SPCC PLAN 1-0715 1 LS pp Zrj6. 25 o, 4.1 2 MOBILIZATION 1-09 7 1 LS ZO/ 000. Zoe Coo .°0 3 CLEANING AND PAINTING - YVT TROLLEY BRIDGE 6-07 5 1 LS j `--{' a Ob -006 k ‘-71 c cu3 .430 4 SPOT ABRASIVE BLAST CLEAINING 6-07.5 500 SF Z5 , Ob 12, 500..00 5 MISCELLANEOUS BRIDGE REPAIR 6-07.5 1 FA $20,000 Zo •:300 .6° 6 CONTAINMENT OF ABRASIVES 6-07.5 1 LS t� ✓a,coo m '5A)6e6 oO 7 TESTING AND DISPOSAL OF CONTAINMENT WASTE 6 07 1 FA $27,000 Z-7 000 •c9° TOTAL: 139 $ 2* 115th . oo 1 I 01 I it 1 11 14 BID BOND FORM Herewith find deposit in the form of a certified check, cashiers check, cash, or bid bond in the amount of $ which amount is not less than five percent of the total bid Sign Here BID BOND KNOW ALL MEN BY THESE PRESENTS That we, Long Painting Company , as principal, and Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto the City of Yakima, as Obligee, in the penal sum of Five Percent (5%) Of The Contractors Bid Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for Heritage Trails YAK Y\IT 3 Bridge Restoration, City Project No. 2167 , according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee, or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond SIGNED, SEALED AND DATED THIS 10th DAY OF July 20 09 Long Painting Company Principal Travelers Casualty and Suret Company of America "' o -t41 121 • ck t� c ate/ oan M. Councilman, Attorney -in -Fact Received return of deposit in the sum of S 141 , 20 TRAVELERS) WARNING. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 214863 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No.0 025 3 4 504 KNOW ALL MEN BY THESE PRESENTS. That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies ), and that the Companies do hereby make, constitute and appoint John Claeys, Joan M. Councilman, Ronald J Lange, and Pamela A. Nelson of the City of Seattle . State of Washington their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their.business of .guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permittted'in any`acuons orproceedings allowed by law IN WITNESS WHEREOF, the Companies have caused this instrument,tobe signed, and their,"corporate seals to be hereto affixed, this August 2008 day of 1st Farmington Casualty Company tM Fidelity and Guarantylinsurance'Company",4',,„ Fidelity and Guaranty Insuran a Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ?. State of Connecticut City of Hartford ss. By• GeorgThompson. :color ice President On this the 1St day of August 2008 before me personally appeared George W Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011 58440-5-07 Printed in U S.A. V\.0.11.41‘ C Marie C. Tetreault, Notary Public WARNING. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity II and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, II St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of I America. and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds. recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. and it is FURTHER RESOLVED. that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and hinding upon the Company' when (al signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President. the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary• or Ib) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED, that the signature of each of the following officers. President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary. and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and hinding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1 t}��t day of —� ti I y SEAL'9 It SEAL, a° .20 Kori M. Johansdu(Assistant Secretary JPY I N SURy"•, i2 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER NON -COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1 -800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll-free "hotline" Monday through Friday, 8.00 a.m. to 5.00 p m , Eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected 143 Certification for Federal -Aid Contracts 145 Certification for Federal -Aid Contracts The prospective participant certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is material representation of the fact upon which reliance was placed when this transaction was made.or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts. which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. DOT Form 272-040 EF Revised 1/2000 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." 147 SUBCONTRACTOR LIST Prepared in compliance with RCW 39.30.060 as amended (To be submitted with the Bid Proposal) Failure to list subcontractors who are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW will result in your bid being non-responsive and therefore void. Subcontractor(s) that are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter18.106 RCW, and electrical as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor(s) name. If no subcontractor is listed below, the bidder acknowledges that it does not intend to use any subcontractor to perform those items of work. Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Bid Items to be performed by the Prime Contractor Prime Contractor Name L. -(- t —Pat t,.kty. 3 Cc> ImpA-n.9 Item Numbers I "7 . 149 WOMEN AND MINORITY BUSINESS ENTERPRISE POLICY It is the policy of the City of Yakima that women and minority business enterprises shall have the maximum opportunity to participate in the performance of work relating to the City's activities To this end, the City is committed to take all necessary and reasonable steps in accordance with state and federal rules and regulations to ensure women and minority business enterprises the maximum opportunity to compete for and to perform contracts. In order to enhance opportunities for women and minority businesses to participate in certain contractor opportunities with the City of Yakima, and as a recipient of federal and state financial assistance, the City is committed to a women and minority business enterprise utilization program. The City is determined to maximize women and minority business opportunities through participation in the competitive bidding process through women and minority business enterprise affirmative action programs administratively established by the City Manager and monitored and implemented in accordance with state and federal rules and regulations. All women and minority business enterprise programs shall include specific goals for participation of women and minority businesses in City projects of at least ten percent (10%) of the total dollar value of City contract over $10,000 Goals shall be reviewed and updated annually by the City Manager for applicability and to ensure that the intent of this policy is accomplished This statement of policy will be widely disseminated to all managers, supervisors, minorities and women employed by the City of Yakima as well as to contractors, vendors, suppliers, minorities and women who may seek the City's procurement and construction contracts related to the women and minority business enterprise programs. Contractors associations will be made aware of construction projects affected by this policy through all available avenues to assure that plans/specifications, bid forms, and invitations to bid are as widely distributed as possible. 151 RESOLUTION NO. D` 403 1 6 A RESOLUTION adopting a "Women And Minority Business Enterprise Policy" for the City of Yakima. WHEREAS, the City of Yakima is the recipient of federal and state assistance which assistance carries with it the obli- gation of contracting with Women And Minority Business Enter- prises for the performance of public works, and WHEREAS, it is the intention of the City of Yakima that Women And Minority Business Enterprises shall have the maximum practicable opportunity to participate in the performance of such public works, and WHEREAS, the City of Yakima is determined to maximize Women And Minority Business Enterprise opportunities for parti- cipation in its competitive bidding process through the adoption of the "Women And Minority Business Enterprise Policy" statement attached hereto, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council hereby adopts the "Women And Minority Business Enterprise Policy", a copy of which is attached hereto and by reference made a part hereof. 'n ADOPTED BY THE CITY COUNCIL this ..�4 t day of 1983. ATTEST: 71 City Clerk 153 TAN (ahrnA,Lt.� Mayor AFFIRMATIVE ACTION PLAN The bidders, contractors and subcontractors will not be eligible for award of a contract under this Advertisement for Bids unless it certifies as prescribed, that it adopts the minimum goals and timetable of minority and women workforce utilization and specific affirmative action steps as set forth by the City of Yakima, This is directed at increasing minority and women workforce utilization by means of applying good faith efforts to carrying out such steps. However, no contractor or subcontractor shall be found to be in noncompliance solely on account of its failure to meet its goals within its timetables, but such contractor shall be given the opportunity to demonstrate that it has instituted all of the specific affirmative action steps specified by the City of Yakima, and has made every good faith effort to make these steps work toward the attainment of its goals, all to the purpose of expanding minority and women workforce utilization on all of its projects in the City of Yakima, Washington. In all cases, the compliance of a bidder, contractor or subcontractor will be determined in accordance with its respective obligations under the terms of these Bid Conditions. All bidders and all contractors and subcontractors performing or to perform work on projects subject to these Bid Conditions hereby agree to inform their subcontractors of their respective obligations under the terms and requirements of these Bid Conditions, including the provisions relating to goals of minority and women employment and training. Specific Affirmative Action Steps Bidders, contractors and subcontractors subject to this contract must engage in affirmative action directed at increasing minority and women workforce utilization, which is at least as extensive and as specific as the following steps: a. The contractor shall notify community organizations that the contractor has employment opportunities available and shall maintain records of the organizations' response b. The contractor shall maintain a file of the names and addresses of each minority and women worker referred to him and what action was taken with respect to each such referred worker, and if the worker was not employed, the reasons therefore. If suchworker was not sent to the union hiring hall for referral or if such worker was not employed by the contractor, the contractor's file shall document this and the reasons therefore. c. The contractor shall promptly notify the City of Yakima Engineering Division an Contract Compliance Officer when the union or unions with whom the contractor has collective bargaining agreement has not referred to the contractor a minority or woman worker sent by the contractor or the contractor has other information that the union referral process has impeded him in his efforts to meet his goal. d. The contractor shall participate in training programs in the area, especially those funded by the Department of Labor. e. The contractor shall disseminate his EEO policy within his own organization by including it in any policy manual; by publicizing it in company newspapers, annual reports, etc., by conducting staff, employee and union representatives' meetings to explain and discuss the policy; by posting of the policy; and by specific review of the policy with minority employees. f. The contractor shall disseminate his EEO policy externally by informing and discussing it with all recruitment sources; by advertising in news media, specifically 155 including minority news media, and by notifying and discussing it with all subcontractors and suppliers g The contractor shall make specific efforts and constant personal (both written and oral) recruitment efforts directed at all minority or women organizations, schools with minority students, minority recruitment organizations and minority training organizations, within the contractors recruitment areas. h The contractor shall make specific efforts to encourage present minority employees to recruit their friends and relatives i The contractor shall validate all man specifications, selection requirements, tests, etc. The contractor shall make every effort to promote after school, summer and vacation employment to minority youth k. The contractor shall develop on-the-job training opportunities and participate and assist in any association or employer group training programs relevant to the contractors employee needs consistent with its obligations under this bid. I The contractor shall continually inventory and evaluate all minority and women personnel for promotion opportunities and encourage minority and women employees to seek such opportunities m The contractor shall make sure that seniority practices, job classifications, etc., do not have a discriminatory effect. n The contractor shall make certain that all facilities and company activities are non- segregated o The contractor shall continually monitor all personnel activities to ensure that his EEO policy is being carried out. p The contractor shall solicit bids for subcontracts from available minority and women subcontractors, engaged in the trades covered by these Bid Conditions, including circulation of minority and women contractor associations q Non cooperation: In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreements, the contractor shall, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex or national origin, making full efforts to obtain qualified and/or qualifiable minorities and women. (The U S Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority or women employees) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246 and 23 CFR Part 230 as amended, and the Standard Specifications, such contractor shall immediately notify the City of Yakima Engineering Department or the City of Yakima Compliance Officer. 156 BIDDERS CERTIFICATION A bidder will not be eligible for award of a contract under this invitation for bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: I_A — �� t h l tndi CO impckv:_i certifies that: (B11B►DER) 1. It intends to use the following listed construction trades in the work under the contract PA I KTF es and; as to those trades for which it is required by these Bid Conditions to comply with these Bid Conditions, it adopts the minimum minority and women workforce utilization goals and the specific affirmative action steps for all construction work (both federal and non-federal) in the Yakima, Washington area subject to these Bid Conditions, those trades being: 1ATErLs and; 2. It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any sub -contract under this contract the Subcontractor Certification required by these Bid Conditions. (Signature of uthoriz d presentative of Bidder) 157 Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal -Aid Projects DOT FORM 420-004EF Follows this page as an Attachment 159 WARDepartment of Transportation Washington State Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal -Aid Projects (Required for each Subcontractor or Lower Tier Subcontractor on all Federal -Aid projects) Contract Number Federal -Aid Number State Route Number Subcontractor or Lower Tier Subcontractor To be signed by proposed subcontractor or lower tier subcontractor The contract documents for this subcontract include as part of the subcontract a special provision entitled "Required Federal -Aid Provisions", the "Required Contract Provisions Federal -Aid Construction Contracts (FHWA 1273)", and the minimum wage rates. certify the above statement to be true and correct. Company Signature Title Date Contractor Certification To be completed and signed by the contractor 1 1 1 A written agreement has been executed between my firm and the above subcontractor 2. 1 1 A written agreement has been executed between (the subcontractor) and the above lower tier subcontractor All documents required by the special provision entitled "Required Federal -Aid Provisions" are included in the agreement for (1) or (2) marked above. 1 certify the above statements under Contractor Certification to be true and correct. Company Signature Title Date DOT Form 420-004 EF Revised 03/2008 Materially and Responsiveness The certification required to be made by the bidder pursuant to these Bid Conditions is material, and will govern the bidder's performance on the project and will be made a part of his bid. Failure to submit the certification will render the bid non responsive. Compliance and Enforcement Contractors are responsible for informing their subcontractor (regardless of tier) as to their respective obligations under the conditions of the contract here (as applicable). Bidders, contractors and subcontractors hereby agree to refrain from entering into any contract or contract modification subject to Executive Order 11246, as amended on September 24, 1965, with a contractor debarred from, or who is determined not to be a responsible' bidder for, government contracts and federally assisted construction contracts pursuant to Executive Order. The bidder, contractor or subcontractor shall carry out such sanctions and penalties for violation of the equal opportunity clause including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered by the administering agency, the contracting agency or the Office of Federal Contract Compliance pursuant to the Executive Order. Any bidder, or contractor or subcontractor who shall fail to carry out such sanctions and penalties shall be deemed to be in non-compliance with these Bid Conditions and Executive Order 11246, as amended. Nothing herein is intended to relieve any contractor or subcontractor during the term of its contract on this project from compliance with Executive Order 11246, as amended, and the Equal Opportunity Clause of its contract. Violation of any substantial requirement in the affirmative action plan by a contractor or subcontractor covered by these Bid Conditions including the failure of such contractor or subcontractor to make a good faith effort to meet it fair share of the trade's goals of minority and women workforce utilization, and shall be grounds for imposition of the sanctions and penalties provided at Section 209 (a) of Executive Order 11246, as amended. Each agency shall review its contractors' and subcontractors' employment practices during the performance of the contract. If the agency determines that the affirmative action plan no longer represents effective affirmative action, it shall so notify the Office of Federal Contract Compliance which shall be solely responsible for any final determination of that question and the Consequences thereof. In regard to these conditions, if the contractor or subcontractor meets its goals or if the contractor or subcontractor can demonstrate that it has made every good faith effort to meet those goals, the contractor of the subcontractor shall be presumed to be in compliance with Executive Order 11246, as amended, the implementing regulations and its obligations under these Bid Conditions and no formal sanctions or proceedings leading toward sanctions shall be instituted unless the agency otherwise determines that the contractor or subcontractor is not providing equal employment opportunities. In judging whether a contractor or subcontractor has met its goals, the agency will consider each contractors or subcontractor's minority and women workforce utilization and will not take into consideration the minority and women workforce utilization of its subcontractors. Where the agency finds that the contractor or subcontractor has failed to comply with the requirement of Executive Order 11246, as amended, the implementing regulations and its obligations under these Bid Conditions, the agency shall take such action and impose such sanctions as may be appropriate under Executive Order and the regulations. When the agency proceeds with such formal action, it has the burden of proving that the contractor has not met the requirements of these Bid Conditions, but the contractor's failure to meet his goals shall shift to him the requirement to come forward with evidence to show that he has met the "good faith" requirements of these Bid Conditions by instituting at least the Specific Affirmative Action steps listed above and by making every good faith effort to make those steps work toward the attainment of its goals within its timetables. The pendency of such formal proceedings shall be 161 taken into consideration by Federal agencies in determining whether such contractor or Subcontractor can comply with the requirements of Executive Order 11246, as amended, and is therefore a "responsible prospective contractor" within the meaning of the Federal Procurement Regulations It shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority and women employees. The procedures set forth in these conditions shall not apply to any contract when the head of the contracting or administering agency determines that such contract is essential to the national security and that its award without following such procedures is necessary to the national security Upon making such a determination, the agency head will notify, in writing, the Director of the Office of Federal Contractor Compliance within thirty days. Requests for exemptions from these Bid Conditions must be made in writing, with justification, to the Director Office of Federal Contractor Compliance U S Department of Labor Washington, D C 20210 and shall be forwarded through and with the endorsement of the agency head Contractors and subcontractors must keep such records and file such reports relating to the provisions of these Bid Conditions as shall be required by the contracting or administering agency or the Office of Federal Contractor Compliance. 162 PROPOSAL Heritage Trails YAK YVT 3 Bridge Restoration City Project No.: 2167, Federal Aid No.: STPE-1485(021) The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. A proposal guaranty in an amount of five percent (5%) of the total bid, based upon the approximate estimate of quantities at the above prices and in the form as indicated below, is attached hereto. CASH 0 IN THE AMOUNT OF CASHIER'S CHECK 0 DOLLARS CERTIFIED CHECK 0 ($ ) PAYABLE TO THE STATE TREASURER PROPOSAL BOND ® IN THE AMOUNT OF 5% OF THE BID ** Receipt is hereby acknowledged of addendum(s) No.(s) 8 SIGNATURE OF AUTHORIZED OFFICIAL(s) Z53-234 09771 FIRM NAME LbNCt PaiAttu9 CoMpQi,y (ADRESS) 01414 - A vE 54'- e-Fv.'f, Cup ti c 2_ PHONENUMBER STATE OF WASHINGTON CONTRACTORS LICENSE NUMBER 1(- 1-4F Z3 v tms) Ig1110181S1(1o1ec,10) Note: FEDERAL ID No. WA STATE EMPLOYMENT SECURITY REFERENCE NO. °CPI (SCS ' oc) (1) This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from the Secretary of Transportation will be cause for considering the proposal irregular and subsequent rejection of the bid. (2) Please refer to section 1-02.6 of the standard specifications, re: "Preparation of Proposal," or "Article 4" of the Instructions to Bidders for building construction jobs. (3) Should it be necessary to modify this proposal either in writing or by electronic means, please make reference to the following proposal number in your communication. 163 BIDDER'S CHECK LIST The bidder's attention is especially called to the following forms, which must be executed, as required, and submitted on the form purchased from the City and bound in the Contract Documents: A. PROPOSAL The unit prices, extensions and total amounts bid must be shown in the spaces provided. B. BID BOND ACCOMPANYING BID This Bid Bond form is to be executed by the bidder and the surety company unless bid is accompanied by a certified check. The amount of this bond shall be not less than 5% of the total amount bid and may be shown in dollars or on a percentage basis. C. SUBCONTRACTOR LIST The form must be filled in. Failure to provide this information at time of bid WILL NOT render the bid non-responsive. D. BIDDER'S CERTIFICATION E. PROPOSAL SIGNATURE SHEET Must be filled in and signed by the bidder. F. MBEIWBE FORM It is requested that The Bidder's Certification of the "Affirmative Action Profile" in the MBE/WBE Form be filled in and signed by the bidder. Failure to provide this information WILL NOT render the bid non-responsive. The following forms are to be executed after the contract is awarded A. CONTRACT This agreement is to be executed by the successful bidder B. PERFORMANCE BOND To be executed by the successful bidder and his/her surety company. C. CERTIFICATE OF INSURANCE Refer to attached Informational Certificate of Insurance and Additional Insured Endorsement. Also refer to Section 1-07.18 (APWA) of the Standard Specifications and Special Provisions. D. DOT Form 420-004EF Refer to Required Contract Provisions Federal -Aid Construction Contracts FHWA- 1273. 1 1 1 PLANS & DETAILS 1 Project Details 1 Standard Plans 1 Traffic Control Plan (Informational Copy) 1 Construction Plans 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 HERITAGE TRAILS YAK YVT3 Bridge Restoration Vicinity Map CITY OF YAKIMA PROJECT NO. 2167 FED. AID NO. STPE-1485(021) PROJECT AREA IN W 1 E C SECTIONS 1 & 12. T. - '\ 'A\ EXISTING EXIST. SHORELINE GREENWAY TRAIL J { 13 N., R. 18 E. W. M. N YAK/MA, WA PlER y TOOs pW4YSIDE�` s PIER 2 73+00 ------------ 14+00 1 PROFILE GRADE & PIVOT POINT N 1673'29" W 15+00 ' END EXISANG`TYVT-BRIDGE'_....------- / - - i(r.'15+7.8,00 S(A. '1 +Z8 f �-, r,r'_ BEGIN EXISTING, YVT BRIDGE (STA. 12+0'4.75) t XISj.YIFT BRTDGE7 ABU 7' J 24 fb EXISTING RAIL LAIN& l j T 17- ENT II \ EXIST. E PIER 148"-9" /1/ 148"-9" 322"-0" (END TO END) \ \ 1 l \ \ \ __ \ ¢ EXIST. BNSF BRIDGE EXIST. SHORELINE ELEV. 1100 — ELEV 1090 — ELEV. 1080 — ELEV. 1070 — 41 BRIDGE PLAN (BEARING OF ALL PIERS ARE NORMAL TO BRIDGE) (SCALE 1"=20) DBL. CHANNEL TRUSS W/ PLATE LACING (TIP) 322"-0" (END TO END) m PIER 1 STA. 12+80.50 148"-9" Cy PIER 2 14+29.25 148'-9" TENSION TIE ROD (TYP ) TIE PLA7E BETWN. PINS (TIP ) EXIST. TRAIL PEGRAM RAILROAD BRIDGE TRUSS LOADING LIMITS: MAXIMUM OF LIVE LOAD 1. 7. 3. 4 OR 5 BEIOW 1. TROLLEYS 41776 & /1976: MAX. CAR WIDTH: 8'-0" TRUCK WHEELBASE. 7-8/2" TOTAL WEIGHT.• 26 KIPS ON 2 AXLES N.A.V.D 88 2. TROLLEYS /21 & /22 MAX. CAR W1D7H: 8'-6" WHEELBASE PER TRUCK (DBL TRUCK CAR): 5'-4" DIST BTWN. TRUCK CENTERS. 17'-5" TOTAL WEIGHT 33.6 KIPS ON 4 AXLES 3. LINE CAR IA: MAX. CAR W107H:: 9'-3" WHEELBASE PER TRUCK (DBL TRUCK): 6"-4" DIST. BTWN. TRUCK CENTERS:: 23'-0" TOTAL CAR WEIGHT.• 46 KIPS on 4 AXLES 4. LOCOMOTIVE 1298• MAX. CAR WIDTH: 9'-7" WHEELBASE PER 7RUCK (DBL. TRUCK): 7'-3" DIST. BPM/. TRUCK CENTERS: 18'-4" TOTAL CAR WEIGHT: 100 KIPS ON 4 AXLES 42" LONG PLATE GIRDER (TYP.) I fl V APPROX. CONC. PIER = 100 M.R.I. (19") W.S. W.S. ELEV. 1091.35 �(>�•) 0 NORMAL HIGH W.S. = ELL V. 1080-0-0 PROFELEco W ILE1102.00 GRADE -. 0 V. BRIDGE ELEVA TION (SCALE • 1"=20) Z5 EXIST. & FINAL GROUND LINE 1'-6" TRUSS MEMBER GENERAL NOTES: 1. ALL MATERIALS AND WORKMANSHIP SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS OF THE WASHINGTON STA1E DEPARTMENT OF TRANSPORTAITON STANDARDS SPECIFICA170N FOR ROAD, BRIDGE, AND MUNICIPAL CONSTRUCTION DATED 2008 (ENGLISH), AND AMENDMENTS. 2. 7HE RE -PAINTING OF THE EXISTING STRUCTURE IS IN ACCORDANCE V4774 THE REQUIREMENTS OF 77 -IE AASHTO LRFD BRIDGE DESIGN SPECIFICATIONS, CUSTOMARY U.S UNITS 4171 EDITION, WITH 2008 INTERIM REVISIONS. 4. THE EXISTING STRUCTURAL STEEL IS CONSIDERED TO HAVE A YIELD TENSILE STRENGTH OF 33 KSI. THE EXISTING CONCRETE IS CONSIDERED TO HAW A COMPRESSIVE STRENGTH OF 3000 PSI. 171E EXISTING REINFORCING BARS ARE CONSIDERED TO HAVE A TENSILE YIELD STRENGTH OF 30 KSI. 5. A SAMPLE POR770N OF PAINT FROM THE EXISTING BRIDGE HAS BEEN TESTED FOR LEAD IN 7HE PAINT, AND DETERMINED TO HAVE APPROXIMATELY 17Z LEAD. 5. ALL NEW STRUCTURAL STEEL SHALL BE ASTM A36. 6. ALL NEW CONCRETE SHALL BE CLASS 4000. 7. ALL NEW REINFORCING STEEL FOR THE BRIDGE SHALL CONFORM TO AASHTO M-31 GRADE 6a & FALSEWORK SUPPORTED BY THE BRIDGE SHALL NOT EXCEED 7HE LOAD CARRYING CAPACITY ALL FALSEWORK SHALL BE ADEQUATE TO SUPPORT ALL LOADS NECESSARY TO PERFORM CONSTRUCTION. FALSEWORK SHALL BE CAREFULLY RELEASED TO PREVENT ANY SUDDEN OR UNIQUE STRESS IN THE STRUCTURE. 9. UNLESS OTHERWISE SHOWN ON 171E PLANS, CONCRETE COVER MEASURED FROM 171E FACE OF THE CONCRETE TO THE FACE OF ANY REINFORCEMENT BAR SHALL BE 1%?" UNLESS SHOWN OTHERWISE ON THE PLANS. 10. THE DIMENSIONS SHOWN ON 1HE PLANS ARE BASED ON RECORD INFORMATION FROM ORIGINAL CONSTRUCTION AS WELL AS FIELD MEASUREMENTS OBTAINED DURING BRIDGE INSPECTION. IMPROVEMENTS TO THIS STRUCTURE ARE !WENDED TO MATCH THE EXISTING BRIDGE. THUS, THE DIMENSIONS AND ELEVATIONS SHOWN ARE TO BE VERIFIED BY THE CONTRACTOR IN THE FIELD. AMBER 77E (TYP) RAIL & BRIDGE 8'0" 5'-1" 3'-1" 42" PLA7E GIRDER (TYP) 16"-6" C MAIN TRUSS TO ¢ MAIN TRUSS EXIST. UTILITY (TO REMAIN) 1"-6" TRUSS MEMBER TIMBER RAIL (rP) BRIDGE TYPICAL SECTION (SCALE • Y2"=1' -O) ANGLE BRACING (7YP.) REVISIONS N0. DESCRIP110N/OATE BY Bridge—Painting.dwg 1 Ig ki LAYOUT PLAN W m SCALE AS NOTED BAR IS ONE INCH ON ORIGINAL DRANING ADJUST SCALES ACCORDINGLY 0' PROJECT N0. 0731 DRAWN BY K80 DATE 3-23-08 SHEET Si OF 1