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HomeMy WebLinkAboutR-2012-043 Billy's Pond Restoration Agreement with KRC LLCWASHINGTON STATE Recreation and Conservation Office Amendment to Project Agreement Project Sponsor: City of Yakima Project Number: 11 -1565R Project Title: City of Yakima Floodplain Ecosystem Restoratic Amendment Number: 1 Amendment Type: Cost Change Amendment Description: To increase SRFB funds by $100,000 and match by $52,258 for a total project cost increase of $152,258 Construction bids came in much higher than estimates. The sponsor is doing the revegetaion work with volunteers in house to save money and is contributing an additional $52,258 of their own funds to make up the difference to allow construction to move forward , Project Funding: The total cost of the project for the purpose of this Agreement changes as follows: Agreement Terms In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State Of Washington Recreation and Conservation Office BY: Kaleen Cottinqham TITLE: Dire n /tor DATE: W BY Pre - approved as to form. /S/ Assistant Attorney General SAL Project Cost Change Amendment Salmon Funding Accounts AMENAGRI.RPT City of Yakima AGEN NZLMWIM_�Vll DATE: 11 ?j CITY CONTRAC *SOLUTION Chapter 77 85 RCW. Chapter 420 WAC Old Amount New Amount Amount % Amount % RCO - SALMON FED PROJ $275,400.00 63.69% $375,40000 6421% Project Sponsor $157,000.00 36.31% $209,258.00 35.79% Total Project Cost $432,40000 100% $584,658.00 100% Admin Limit $0.00 000% $000 000% A &E Limit $90;000.00 26.29% $121,691 07 26.29% Agreement Terms In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State Of Washington Recreation and Conservation Office BY: Kaleen Cottinqham TITLE: Dire n /tor DATE: W BY Pre - approved as to form. /S/ Assistant Attorney General SAL Project Cost Change Amendment Salmon Funding Accounts AMENAGRI.RPT City of Yakima AGEN NZLMWIM_�Vll DATE: 11 ?j CITY CONTRAC *SOLUTION Chapter 77 85 RCW. Chapter 420 WAC Amendment Agreement Description Project Sponsor: City of Yakima Project Number: 11 -1565 R Project Title: City of Yakima Floodplain Ecosystem Restoration Amendment Number: 1 Agreement Description This project is a floodplain and off - channel habitat restoration project along river mile 109 of the Yakima River The reach once hosted thousands of acres of naturally functioning floodplain that provided diverse habitat for resident and anadromous fish, and a high level of ecological resiliency that benefited multiple species. The project ,site is owned by the City of Yakima The project will benefit steelhead, Coho and Chinook salmon, lamprey, and resident fish The project will reshape a shallow gravel -pit pond in the floodplain, restore the pond's outlet to the Yakima River and enhance the value of intergravel flow on the site and downstream This will involve re- shaping the landscape to reflect floodplain shapes (horitzontal and vertical), re- establishing native floodplain and riparian vegetation, and replacing a 40 ft culvert with a structure that will allow for unrestricted movement of fish, water and substrate. This project is the first phase of a three phase city project that will establish the highest ecological value at the site and allow significant levy setback to occur throughout the project reach This will lead to an additional 200 -300 acres of restored habitat in the Gap to Gap reach on property owned by the City, the Greenway, Yakama Nation and Washington Department of Transportation Primarily, this will contribute to restoration of wild salmon and steelhead recovery and will also have outdoor recreation benefits for birding, walking, jogging, and other trail use along the greenway path. AAGREEDSC.RPT June 19, 2013 Page 1 Amendment Special Conditions Project Sponsor: City of Yakima Project Number: 11 -1565 R Project Title: City of Yakima Floodplain Ecosystem Restoration Amendment Number: 1 Special Conditions ASPECCOND RPT June 19, 2013 Page 1 Amendment Special Conditions 1. Special Condition for EO 05 -05 Exemption due to Sect 106: This project is subject to the National Historic Preservation Act, Section 106, and therefore appears to be exempt from Governor's Executive Order 05 -05 Archaeological and Cultural Resources (EO 05 -05) as described in Section 9 of this project agreement. In order for this project to be exempt from EO 05 -05, the Section 106 Area of Potential Effect (APE) must include all ground- disturbing activities subject to this project agreement, including the restoration staging area. The sponsor is encouraged to work with the federal permitting agency to align the Section 106 APE with the scope of work subject to this project agreement. If the APE does not include all ground- disturbing activities subject to this project agreement, promptly notify the RCO grant manager, as this will require RCO to initiate cultural resources consultation following EO 05 -05 for those activities not included in the federal APE Completion of this consultation and a Notice to Proceed from RCO will be required before-these ground- disturbing activities can begin 2. Design Deliverables for Restoration Projects This project will meet the standards for Design and Restoration Project Deliverables described in Manual 18 (February 2012) Appendix D 1-4 All restoration projects that include design elements shall follow four standard project development stages described below Restoration projects must complete all four project development stages' 1 Conceptual design (not applicable to this project) 2. Preliminary project design Preliminary designs must adequately describe all proposed project elements in sufficient detail for permit review and authorization While the design team must tailor the design process to suit the unique circumstances of each project, the following project deliverables are required for preliminary design projects a. Preliminary Design Report, Drawings, and Engineering Cost Estimate b Design Review Comments (optional) c. Permit Applications (optional) 3 Final project design or Design -Build requirements, including Before beginning the final design process, the sponsor shall have completed a preliminary design and design report and those items must have been submitted and accepted by the SRFB grant manager The final project design will incorporate comments provided by stakeholders, SRFB, and /or permit agencies regarding the preliminary design report and on -site review The final project design process essentially converts the preliminary design report (text and drawings, etc.) into a stand -alone and comprehensive set of final design drawings (construction drawings) and technical specifications for project construction Regardless of who conducts the construction, a general contractor or the sponsor's own crew, the same final design drawings and technical specifications need to be developed Final Design Deliverables While the design team must tailor the design process to suit the unique circumstances of each project, the following are required project deliverables for final design and restoration projects These required project deliverables must be accepted by RCO staff prior to the sponsor moving forward to construction a. Design Review Comments b. Final Design Report and Drawings, c Technical Specifications, d Final Construction Quantities and Costs, e Contract Bidding Documents and General Contract Conditions (unless the project will be built by sponsor crew), and f RCO Acceptance of Final Project Design 4 Construction Phase, including Pre - Construction a. Landowner Agreements b Proof of completion of Cultural Resources Consultation for ALL ground disturbing activities, c. Proof of permits Post - Construction d. As -built drawings. d Contract Bidding Documents and General Contract Conditions (unless the project will be built by sponsor crew), and 4. Construction Phase, including Pre - Construction a Landowner Agreements b Proof of completion of Cultural Resources Consultation for ALL ground disturbing activities, c Proof of permits, and Post - Construction. d As -built drawings ASPECCOND.RPT June 19, 2013 Page 2 Amendment Eligible Scope Activities Project Sponsor: City of Yakima Project Title: City of Yakima Floodplain Ecosystem Restoration Program: Salmon Federal Projects Restoration Metrics Worksite #1, City of Yakima South Floodplain Targeted salmonid ESU /DPS Targeted species (non -ESU species) Project Identified In a Plan or Watershed Assessment: Type Of Monitoring Fish Passage Improvement Type Of Barrier - Miles Of Stream Made Accessible Square Miles Of streambed made accessible Fish passage blockages removed or altered Number of Blockages /Impediments /Barriers Removed /Altered Instream Habitat Project Total Miles Of Instream Habitat Treated Channel reconfiguration and connectivity Project Number: 11-1565 Project Type: Restoration Amendment #: 1 Chinook Salmon - Middle Columbia River spring -run ESU, Coho Salmon- unidentified ESU, Steel head- Middle Columbia River DPS Cutthroat, Rainbow Conley, A. Freudenthal, J Lind, D Mees, P, Visser, R 2009 Yakima Steelhead Recovery Plan, Yakima Basin ' Fish and Wildlife Recovery Plan None Culvert 050 00 1 050 Type of change to channel configuration and connectivity, Creation /Connection to Off - Channel Habitat Miles of Stream Treated for channel reconfiguration and connectivity- 050 Miles of Off - Channel Stream Created 050 Acres Of Channel /Off - Channel Connected Or Added 450 Instream Pools Created /Added 0 Riparian Habitat, Project Total Riparian Miles Streambank Treated 050 Total Riparian Acres Treated 450 Planting Acres Planted in riparian 450 Architectural & Engineering Architectural & Engineering (A &E) AELIGREIM.RPT June 19, 2013 Page: 1 Al -S psiosw!n ' _ " 0 M 200 400 69 - _. Scale in Feet." b90 ks 0 7 P.G• h r V yy� JO LO 1 .:'!s _ `M-.'- ��Ct° h( �j(j- `'Si•�7t -P•.rr �'F�'✓"' 4�� A. zr- - Gal .rt_' a � t'''llf�l�' I ` ,. •- 1f - .F' � �J<r /Mf�'C/ .'•l uj, _ r /i. f � n tv. Il �• - ..� .,�atv...�{ �• • aF , �� :ti.4` `` frl /n° �' � �-�,� �y ' %� Y� a''r - ,,.r—�fgr �r,'a�i=r � %1( ^'�, i, ur �t n,,, J.,•.' � '( %. - " r�"�. rte. I . p' f °:� 1' a 4• x'. std s ) rX ,�/ ilj,y .,ti _ -� •,�(i�, �••` •' w e;' City of Yakima Yakima Regional = Wastewater Treatment Plant =:�`, _'• Billy's Pond Restoration -f �:~ � � ``f.. -" tip. • _ .. OYi -`: City Project no 2267A May 2013 g I f 1 CITY Off' YAIKIA A DRAFT Yakima Regional Wastewater Treatment Plant B illy's Pond Restoration City of Yakima Regional WWTP Billy's Pond Restoration CITYPROJECT NO. 2267A MAY 2013 1 �f adr---- ^; S .14, En TBR� JONAL TABLE OF CONTENTS 11 C ' City of Yakima Regional WWTP Billy's Pond Restoration 2 1 Invitation to Bid ' Contract Proposal ' Standard General Conditions of the Construction Contract Supplementary Conditions of the Construction Contract Technical Specifications of the Construction Contract Appendices Appendix A: Engineering Report ' Appendix B: Boring Logs Appendix C: Permits Appendix D: Seasonal Groundwater Elevations ' Appendix E: Prevailing Wages 11 C ' City of Yakima Regional WWTP Billy's Pond Restoration 2 1 IINVITATION 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 3:00 PM on June 5, 2013 and will then and there be opened and publicly read for the construction of ' CITY OF YAKIMA Yakima Regional Wastewater Treatment Plant Billy's Pond Restoration ' City Project No. 2267A This project consists of earthwork to create three groundwater fed channels, associated.dewatering, trail demolition, trail t construction and culvert removal. The work is located south of the Yakima Regional Wastewater Treatment Plant on City of Yakima property. All work shall be in accordance with the CONTRACT PROVISIONS, SPECIFICATIONS, and DRAWINGS. 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 and insurance within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Yakima. ' Complete digital project bidding documents are available at www.questcdn.com. QuestCDN.com and other online plan hosting services occasionally provide free on -line plan set intended for online viewing only. The free set may not be of ' sufficient detail or resolution to provide an accurate basis of bid. You may download the original resolution digital plan documents for $20.00 by inputting Quest project #2674829 on the website's Project Search page. Please contact QuestCDN.com at 952 - 233 -1632 or info @questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. An optional paper set of project 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 $50.00 for each set, non - refundable, or by ordering a set by phone at 509 - 575 -6111 or by FAX'at 509 - 576 -6314. Project questions should be directed to Ryan Anderson at 509 - 249 -6813. ' All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to the owner. Interpretations or clarifications considered necessary by the owner or Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded as having received the Bidding Documents. Questions ' received less than three days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Addenda may be issued to clarify, correct, or change the Bidding documents as deemed advisable by Owner or Engineer. ' A pre -bid site visit will be held on Friday, May 17, 2013 at 10 A.M. at the Regional Wastewater Treatment Plant, 2220 East Viola, Yakima, Washington 98901. 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. ' 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 reserves the right to reject any or all bids and proposals. ' DATED this 13th day of May, 2013 Sonya Claar Tee CITY CLERK PUBLISH May 13, 2013 ' May 14, 2013 ' City of Yakima Regional WWTP Billy s Pond Restoration 1 CONTRACT THIS AGREEMENT, made and entered into in triplicate, this _ day of , 2013, by and between the City of Yakima, hereinafter called the Owner, and Len I_[ —C a Washington Corporation, hereinafter called the Contractor - WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF• $ V 57. M 7a , for Billy's Pond Restoration, City No. 2267A, all in accordance with, and as described in the attached plans and specifications 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 inNinety (90) working days. If work has not commenced within ten (10) days after the notice to proceed, the first chargeable working day shall be the eleventh (11th) working day after the date on which the City issues the Notice to Proceed. 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 Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph below, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner Contractor agree that as liquidated damages for delay (but not as a penalty) and agrees: 1 To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for Physical Completion, and 2. To authorize the Owner's Representative to deduct these liquidated damages from any money due or coming due to the Contractor, Liquidated Damages Formula 0.15C LD= T Where LD = Liquidated damages per working day (rounded to the nearest dollar) C= original Contract amount T= original time for Physical Completion It is further understood and agreed that time is of the essence and that all field work required to complete the individual portions ' of this project and to achieve the implied intent of the plans and specifications pertaining to them shall be completed in accordance with the following: Additional Restrictions Completion Requirements Final Punch List Within 30 working days after final punch list issued. In -water Work (Work below the Ordinary High Water Line) All work below the Ordinary High Water Line shall be completed between June 15, 2013 and September 15, 2013 1 Specific portions of the work must be completed within the timeframe listed above. "In -Water Work" is described as all work in ' City of Yakima Regional WWTP Billy's Pond Restoration 4 1 ' Yakima River and Billy's Pond below the Ordinary High Water Line (OHWL). 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 (both required by the Contractor to provide or provided by the Owner) 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 as detail in the Plans and Specifications and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained ' and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected ' officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non - performance of the services, duties and obligations required of it under this Agreement. ' IV The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into, this contract, ' except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. I Countersigned: CITY OF YAKIMA 1 e 1 1 this I /iday Clerk i ,'1" RESOLUTION NO:LL City of Yakima Regional WWTP Billy's Pond Restoration IAI t CONTRACTOR c"L—C a Corporation Contra By (Print Name)_ Its: ltdi� resident, Owner, etc.) Address: `—= � -��2—D 1 PERFORMANCE BOND 1 BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS 1 That whereas the City of Yakima, Washington has awarded to (Contractor) hereinafter designated as the "Principal" a contract for the construction of the project designated Yakima Regional Wastewater Treatment Plant,Billy's Pond Restoration, Project No 2267A, all as hereto attached and made a part hereof and whereas, said principal is required under the terms ' of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and (Surety), a corporation, organized and existing under and by virtue of the laws of the State of duly authorized to do 1 business in the State of Washington, as surety, are held and firmly bound unto the City of Yakima, Washington, in the sum of $ (Total Contract Amount) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. ' THE CONDITIONS OF THIS OBLIGATIONS IS SUCH, that if the above bonded principal 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, Washington, 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, Washington, its employees, agents, and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects developing in the material or workmanship provided or performed under said contract, within a period of one 1 year after its acceptance by the City of Yakima, Washington, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Ordinances of the City of Yakima, Washington. 1 IN WITNESS WHEREOF, the said principal and the said surety have caused this bond to be signed and sealed by their duly authorized officers this day of 20_ 1 (Principal) By. (Signature) i (Print Name) Approved as to form: (Title) (City Attorney) (Surety) 1 By. (Signature) 1 (Print Name) ' (Title) ' City of Yakima Regional WWTP Billy's Pond Restoration 6 1 t 1 1 ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) TYPE OF INSURANCE ADDL INSR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement (s). PRODUCER Insurance Agent CONTACT NAME: PHONE FAX ANC ac No : Address City, State, ZIP Code E-MAIL PRODUCER $ 1,000.000 INSURERS AFFORDING COVERAGE NAIL f INSURED Contractors Name INSURER A . " A- VII or better admitted carrier " $ 1,000.000 GENERAL AGGREGATE INSURER B; GEML AGGREGATE LIMIT APPLIES PER: I JECT POLICY X PRO LOC Contractors Address INSURER C. MSURER D: • AUTOMOBILE X INSURER E: INSURER F. DtBV Date r.nVFRAr±F5 CFRTIFICATF NIIMRFR• (1;PrlitiCR1P Nn_l RFVISLIr1N NI IMRFR• SAP hPlow THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR V6fVQ POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD/YYYY LIMITS • GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE 7 OCCUR X Policy No. Date Date EACH OCCURRENCE $ 1,000.000 TAMAG . R N PREMISES (Es occu"D e) MED EXP Any one person $ 100 000 $ 5,000 PERSONAL & ADV INJURY $ 1,000.000 GENERAL AGGREGATE $ 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: I JECT POLICY X PRO LOC PRODUCTS - COMP /OP AGG $ 2.000.000 $ • AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Policy No. DtBV Date COMBINED SINGLE LIMIT (Es accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident $ $ $ A X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE olicy NT Date Date EACH OCCURRENCE $ 1.000.000 AGGREGATE S 1.000.000 DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below NIA Policy No. Stop Gap /Employer's Liability Date Date WC STATU- X 01 E.L. EACH ACCIDENT — $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1.000.000 -- E.L. DISEASE - POLICY LIMIT $ 1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N mom space Is required) (Project Name and Project Number) The City of Yakima, its agents, employees, volunteers, and elected and appointed officials are additional insureds. 10 Days Notice of Cancellation due to Non - payment of Premium. 30 Days Notice for all other reasons. CFRTIFICATF Hn1 1'IFR CANCFI 1 ATlnN (This certificate replaces certificate# 1995446 issued on 11 /12010) U 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Yakima THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 129 N. 2nd Street Yakima, WA 98901 AUTHORIZED REPRESENTATIVE Agent Signature (This certificate replaces certificate# 1995446 issued on 11 /12010) U 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 1 1 1 1 1 1 1 1 1 COMMERCIAL GENERAL LIABILITY WN GL 49 01 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section It — Who Is An Insured is amended to include as an additional insured any person or or- ganization 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 be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. The Limits of Insurance appdcpble to the additional insured are those specdW In the written 'contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insur- ance are inclusive of, and not in addition to Limits of Insurance shown in the Declarations. C. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage' or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or 'property damage" occurring after: a. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations fir a pdnc4 l as a par! of the same,propm D. As respects the coverage provided under this en- dorsement, Paragraph 4.b. of the Other Insurance Condition is deleted and replaced by the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contin- gent or on any other basis unless the written contract or agreement described in A. above specifically requires that this insurance be provided on either a primary basis or a pri- mary and noncontributory basis. WN GL 49 01 09 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 ❑ 1 1 1 1 L� 1 1 1 1 1 1 1 1 1 POLICY NUMBER: CPP 1009640 01 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 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 Projectlsi: COVERAGE APPLIES TO CERTIFICATES OF INSURANCE REFERENCING FORM CG2503 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occurrences" under Section 1 - Coverage A. and for all medical expenses caused by acci- dents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Proj- ect General 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 Gen- eral 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 oper- ations hazard', and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or 'suits' brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Desig- nated Construction Project General Aggre- ' CG 25 03 OS 09 gate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shell they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown M the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences' under Section I - Coverage A, and for all medical expenses caused by ar_aidow uadiw A"tion 1 - ..Co, 1:4 whidr- oennot f .gViM ted only to ongoing operations at a single designated construction project shown in the Schedule above: 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 Opera- tions Aggregate Limit, whichever is ap- plicable; and ® Insurance Services Office, Inc., 2008 Page 1 of 2 Wolters Kluwer Financial Services I Uniform FormsTM L 2. Such payments shall not reduce any Des- ignated 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" in- cluded in the 'products- completed operations hazard' will reduce the Products- completed Operations Aggregate Umit, and not reduce the General Aggregate Limit nor the Desig- nated Construction Project General Aggregate Limit. Page 2 of 2 D. If the applicable designated construction proj- ect has been abandoned, delayed, or aban- doned and then restarted, or if the authorized contracting parties deviate from plans, blue- prints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III - Limits Of In- surance not otherwise modified by this endorsement shall continue to apply as stipulated. m Insurance Services Office, Inc., 2008 CG 25 03 OS 09 MINIMUM WAGE AFFIDAVIT ' STATE OF WASHINGTON ) COUNTY OF YAKIMA ) 1 ' 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 t 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. 1 ISubscribed and sworn to before me on this Contractor Notary Public in and for the State of Washington residing at City of Yakima Regional WWTP Billy's Pond Restoration day of 11 ,20 i 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, can be found at www.Ini.wa.gov. 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 b the Industrial Statistician upon p 9 9 Y P request. You may submit your request to: t " n ' City of Yakima Regional WWTP Billy's Pond Restoration 12 Department of Labor and Industries ESAC Division ' PO Box 44540 Olympia, Washington 98504 -4540 Telephone: 360- 902 -5335 n ' City of Yakima Regional WWTP Billy's Pond Restoration 12 PROPOSAL To the City Clerk Yakima, Washington This certifies that the undersigned has examined the location of: CITY OF YAKIMA Yakima Regional Wastewater Treatment Plant Billy's Pond Restoration City Project No.2267a 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. City of Yakima Regional WWTP Billy's Pond Restoration 13 1 1 1 1 1 ARTICLE 1 — BID RECIPIENT 1.01 This Bid is submitted to: City Clerk of the City of Yakima 129 North 2"d Street Yakima, WA 98901 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged. Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities). E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, City of Yakima Regional WWTP Billy's Pond Restoration 14 or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, ' including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. ' F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance ' with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others ' at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the ' Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. ' I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. ' J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. ' K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. ' ARTICLE 4 — FURTHER REPRESENTATIONS ' 4.01 Bidder further represents that: A. this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of ' any group, association, organization or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a ' false or sham Bid, C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. ' City of Yakima Regional WWTP Billy's Pond Restoration '15 ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price. The Total Bid, will serve as the basis of selection: Billy's Pond Restoration, Project No.2267a NOTE: Unit prices for all items, all extensions, and the total amount bid must be shown. All entries must be typed or entered in ink. Schedule A Item No. Spec. Section Description Unit Quantity Unit Price Total Amount 01 01320 Mobilization LS 1 02 02220 Demolition LS 1 03 02230 Stripping and Stockpiling of Topsoil LS 1 04 02231 Selective Tree Removal LS 1 05 02315 Channel Excavation, Berm Fill and Pond Fill. LS 1 06 02740 HMA TN 955 07 02740 Trail Base Course TN 664 09 02900 Hydroseeding AC 22 10 02950 Large Woody Debris EA 60 11 02950 Porous Weir EA 17 Sales Tax 8.2% Schedule A Total Optional Schedule B Item No. Spec. Section Description Unit Quantit Unit Price Total Amount 06 02740 Hot Mix AsphaltCl. 3/8" PG 64 -22 TN 195 07 02740 Trail Base Course TN 136 08 02900 Install Plants (1 gallon container) (Citv Providerfi EA 3525 Sales Tax 8.2% Schedule B Total Total Bid (Schedule A+ Schedule B) Basis of Selection City of Yakima Regional WWTP Billy's Pond Restoration 16 1 n ARTICLE 6 — TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.073 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. ARTICLE 7 — ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of B. Subcontractor List C. Bidder's Certification D. Subcontractor Certification E. List of Proposed Suppliers including; (bidder's form) F. List of Bidder Project References (bidder's form) G. List of Subcontractor Project References (bidder's form) H. Required Bidder Qualification Statement with Supporting Data (bidder's form) I. Required Subcontractor Qualification Statement with Supporting Data (bidder's form) J. Proposal Signature Sheet ARTICLE 8 — NOTES TO USER 8.01 NOT USED. City of Yakima Regional WWTP Billy's Pond Restoration 17 ' ARTICLE 9 – DEFINED TERMS 9.01 Terms used in these instructions to bidders have the meanings indicated in the general ' conditions and supplementary conditions. Additional terms used in these instructions to bidders have the meanings indicated below: A. Issuing office- -The office from which the bidding documents are to be issued and where the bidding procedures are to be administered. Bids will be received at city of Yakima, 129 North Second Street, Yakima, WA 98901. B. Bidder —The individual or entity who submits a bid directly to owner. C. Successful bidder – The lowest responsive, responsible bidder submitting a bid to whom owner (on the basis of owner's evaluation as hereinafter provided) makes an ' award. ARTICLE 10 – SUBSTITUTE AND "OR- EQUAL" ITEMS 10.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those substitute or "or- equal" materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or "or- equal" item. No item of material or equipment will be considered by Engineer as a substitute or "or- equal" unless ' written request for approval has been submitted by Bidder and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer's decision of approval or ' disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. ARTICLE 11 – CONTRACTS TO BE ASSIGNED ' 11.01 Bidders may examine the contract documents for the procurement of goods and special services at upon request. NARTICLE 12 – BID SUBMITTAL 12.01 THIS BID SUBMITTED BY: IIf Bidder is: An Individual Name (typed or printed): By: (Individual's signature) IDoing business as: A Partnership City of Yakima Regional WWTP Billy's Pond Restoration 18 (SEAL) Partnership Name (SEAL) By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): A Corporation Corporation Name: (SEAL) State of Incorporation. Type (General Business, Professional, Service, Limited Liability). By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: (CORPORATE SEAL) Attest Date of Authorization to do business in Washington is A Joint Venture Name of Joint Venture: First Joint Venturer Name: (SEAL) By: (Signature of first joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title. Second Joint Venturer Name: (SEAL) By. (Signature of second joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) City of Yakima Regional WWTP Billy's Pond Restoration 19 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Bidder's Business Address Phone No. SUBMITTED on .20 State Contractor License No. City of Yakima Regional WWTP Billy's Pond Restoration Fax No. 20 BID BOND FORM Herewith find deposit in the form of a certified check, cashier's check, or cash in the amount of $ which amount is not less than five percent of the total bid. --------- - - - - -- ' BID BOND 1 Sign Here KNOW ALL MEN BY THESE PRESENTS: That we, , as principal, and as Surety, are held and firmly bound unto the City of Yakima, as Obligee, in the penal sum of Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for , according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee, or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF , 20 Surety Received return of deposit in the sum of $ ' City of Yakima Regional WWTP Billy's Pond Restoration L 21 Principal 20 1� 1 �p -- S1`f S,,y 5� J'1 ,5+`W 'j�MIM, ' Compliance with Immigration and. Naturalization Ak - `xr, � - '�t,� - ;,.:: ' s`'�.�— ��- +'�.asx� =' 7s.�- .3 �i.i� ��x. `�is�✓�7�r�rta ,'�, ,.?:! The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E- Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E- Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E- Verify Declaration below Failure to do so may be cause for rejection of bid. E- VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. 1 agree to enroll in E- Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America I agree to use E- Verify for all newly hired employees during the length of the contract. 3 1 certify that I am duly authorized to sign this declaration on behalf of my company. 4. 1 acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E- Verify program at any time and that non - compliance could lead to suspension of this contract. ' Firm Name: ' Dated this day of Signature: ' Printed Name: Phone #: 20 Email Address: Homeland Security's Web Address is. http: / /www.dhs.gov /e -verify Completed declaration can be mailed to- City of Yakima Purchasing, 129 No 2nd Street, Yakima, WA 98901, faxed to 509 -576 -6394 or scanned and emailed to sownby @ci.yakima.wa.us ' City of Yakima Regional WWTP Billy's Pond Restoration 22 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 aforesigned 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. City of Yakima Regional WWTP Billy's Pond Restoration 23 1. NON - DISCRIMINATION PROVISION During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause *(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. *(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. *(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of ' September 24, 1965, and by the rules regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order No 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders 01 the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States " City of Yakima Regional WWTP Billy's Pond Restoration 24 1 1 1 1 1 1 1 1 ' City of Yakima Regional WWTP Billy's Pond Restoration 25 I 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. Id ' City of Yakima Regional WWTP Billy's Pond Restoration 26 J IRESOLUTION NO. D - 4 8 16 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. 1 �Q ADOPTED BY THE CITY COUNCIL day this of i 1983. On A ' Mayor IATTEST: 7�- City Clerk ' City of Yakima Regional WWTP Billy's Pond Restoration 27 ' 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 topportunities available and shall maintain records of the organizations' response. b. The contractor shall maintain a file of the names and addresses of each minority and ' women worker referred to him and what action was taken with respect to each such referred worker, and if the worker was not employed, the reasons therefore. If such worker was not sent to the union hiring hall for referral or if such worker was not employed by the contractor, the contractor's file shall document this and the reasons therefore. c. The contractor shall promptly notify the City of Yakima Engineering Division an Contract Compliance Officer when the union or unions with whom the contractor has collective ' bargaining agreement has not referred to the contractor a minority or woman worker sent by the contractor or the contractor has other information that the union referral process has impeded him in his efforts to meet his goal. ' d. The contractor shall participate in training programs in the area, especially those funded by the 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. City of Yakima Regional WWTP Billy's Pond Restoration 28 1 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. City of Yakima Regional WWTP Billy's Pond Restoration 29 f. The contractor shall disseminate his EEO policy externally by informing and discussing it with all recruitment sources; by advertising in news media, specifically including minority news media; and by notifying and discussing it with all subcontractors and suppliers. ' g. The contractor shall make specific efforts and constant personal (both written and oral) recruitment efforts directed at all minority or women organizations, schools with minority students, minority recruitment organizations and minority training organizations, within the ' contractor's recruitment areas. h. The contractor shall make specific efforts to encourage present minority employees to ' recruit their friends and relatives. i. The contractor shall validate all man specifications; selection requirements, tests, etc. ' j. The contractor shall make every effort to promote after school, summer and vacation employment to minority youth. ' k. The contractor shall develop on- the -job training opportunities and participate and assist in any association or employer group training programs relevant to the contractor's employee needs consistent with its obligations under this bid. ' 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. City of Yakima Regional WWTP Billy's Pond Restoration 29 BIDDER CERTIFICATION A bidder will not be eligible for award of a contract under this invitation for bids unless such bidder's subcontractors have submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract. certifies that: (BIDDER) 1 It intends to use the following listed construction trades in the work under the contract and; as to those trades for which it is required by these Bid Conditions to comply with these Bid Conditions, it adopts the minimum minority and women workforce utilization goals and the specific affirmative action steps for all construction work (both federal and non - federal) in the Yakima, Washington area subject to these Bid Conditions, those trades being: and; 2. It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any sub - contract under this contract the Subcontractor Certification required by these Bid Conditions City of Yakima Regional WWTP Billy's Pond Restoration (Signature of Authorized Representative of Bidder) 30 1 1 1 SUBCONTRACTOR CERTIFICATION Subcontractors' Certification is not required at the time of bid. This Certification must be completed by each subcontractor prior to award of any subcontract. certifies that: (SUBCONTRACTOR) 1 It intends to use the following listed construction trades in the work under the subcontract and; As to those trades for which it is required by these Bid Conditions to comply with these Bid Conditions, it adopts the minimum minority and women workforce utilization goals and the specific affirmative action steps for all construction work (both federal and non - federal) in Yakima, Washington, subject to these Bid Condition, those trades being: and; 2. It will obtain from each of its subcontractors prior to the award of any subcontract under this subcontract the Subcontractor Certification required by these Bid conditions. (Signature of Authorized Representative of Subcontractor) City of Yakima Regional WWTP Billy's Pond Restoration 31 ' MATERIALITYAND 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 City of Yakima Regional WWTP Billy's Pond Restoration 32 ' utilization of its subcontractors. Where the agency finds that the contractor or subcontractor has failed to comply with the requirement of Executive Order 11246, as amended, the implementing regulations and its obligations under these Bid Conditions, the agency shall take such action ' and impose such sanctions as may be appropriate under Executive Order and the regulations. When the agency proceeds with such formal action, it has the burden of proving that the contractor has not met the requirements of these Bid Conditions, but the contractor's failure to meet his goals shall shift to him the requirement to come forward with evidence to show that he _. has met the "good faith" requirements of these Bid Conditions by instituting at least the Specific Affirmative Action steps listed above and by making every good faith effort to make those steps work toward the attainment of its goals within its timetables. The pendency of such formal ' proceedings shall be taken into consideration by Federal agencies in determining whether such contractor or Subcontractor can comply with the requirements of Executive Order 11246, as amended, and is therefore a "responsible prospective contractor" within the meaning of the Federal Procurement Regulations. ' It shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority and women employees. The procedures set forth in these conditions shall not apply to any contract when the head of the contracting or administering agency determines that such contract is essential to the national security and that its award without following such procedures is necessary to the national security. Upon making such a determination, the agency head will notify, in writing, the Director of the Office of Federal Contractor Compliance within thirty days. Requests for exemptions from these Bid Conditions must be made in writing, with justification, to the: Director ' Office of Federal Contractor Compliance U.S. Department of Labor Washington, D.C. 20210 and shall be forwarded through and with the endorsement of the agency head. Contractors and ' subcontractors must keep such records and file such reports relating to the provisions of these Bid Conditions as shall be required by the contracting or administering agency or the Office of Federal Contractor Compliance. 1 ' City of Yakima Regional WWTP Billy's Pond Restoration 33 1 CITY OF YAKIMA ' Yakima Regional Wastewater Treatment Plant � Billy's Pond Restoration 1 L� P� 1 City Project No. 2267a 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: D CASH IN THE AMOUNT OF CASHIER'S CHECK CERTIFIED CHECK LM1 DOLLARS 0 ($ 1 PAYABLE TO THE STATE TREASURER PROPOSAL BOND ❑ ** Receipt is hereby acknowledged of addendum(s) No.(s) d E010 o Qa� IN THE AMOUNT OF 5% OF THE BID SIGNATURE OF AUTHORIZED OFFICIAL(s) FIRM NAME (ADDRESS). PHONE NUMBER STATE OF WASHINGTON CONTRACTORS LICENSE NUMBER FEDERAL ( I I I l I I I WA STATE EMPLOYMENT SECURITY REFERENCE NO. Note: (1) This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from the Secretary of Transportation will be cause for considering the proposal irregular and subsequent rejection of the bid. (2) Please refer to section 1 -02.6 of the standard specifications, re: "Preparation of Proposal," or "Article 4" of the Instructions to Bidders for building construction jobs. City of Yakima Regional WWTP Billy's Pond Restoration 34 I BIDDER'S CHECK LIST r 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 base bid and any alternate prices, extensions and total amounts bid must be shown in the spaces provided. Proposer is required to submit this entire contract N packet (pages 1 -34) for the Proiect Bid. IThe following forms are to be executed after the contract is awarded: I A. CONTRACT This agreement is to be executed by the successful bidder. r City of Yakima Regional WWTP Billy's Pond Restoration 35 B. BID SECURITY 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 rbasis. C. BIDDER'S CERTIFICATION D. SUBCONTRACTOR CERTIFICATION E. LIST OF PROPOSED SUPPLIERS Form will be supplied by contractor and provide list of equipment suppliers for project specific equipment, ' F. LIST OF BIDDER PROJECT REFERENCES Form will be supplied by contractor. ' G. LIST OF SUBCONTRACTOR PROJECT REFERENCES Form will be supplied by contractor. H. REQUIRED BIDDER QUALIFICATION STATEMENT WITH SUPPORTING DATA Form will be supplied by contractor. I. REQUIRED SUBCONTRACTOR QUALIFICATION STATEMENT WITH SUPPORTING DATA Form will be supplied by contractor. J. PROPOSAL SIGNATURE SHEET Must be filled in and signed by the bidder. r IThe following forms are to be executed after the contract is awarded: I A. CONTRACT This agreement is to be executed by the successful bidder. r City of Yakima Regional WWTP Billy's Pond Restoration 35 i 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. E- VERIFIED COMPLIANCE DECLARATION A signed E- Verify Compliance Declaration must be submitted or on file with the City. 1 1 1 Li 1 ' City of Yakima Regional WWTP Billy's Pond Restoration 36 1 1 1 1 1 1 1 1 1 1 1 1 1 Notice to Proceed Dated Project: Owner: Owner's Contract No.: Billy's Pond Restoration City of Yakima Contract: Engineer's Project No.: Billy's Pond Restoration 329A Contractor: Contractor's Address: You are notified that the Contract Times under the above contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with the CONTRACT, the date of Substantial Completion is , and the date of readiness for final payment is Before you may start any Work at the Site, Paragraph 2.01.13 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: None City of Yakima Owner Authorized Signature Mayor Title Date Copy to Engineer City of Yakima Regional WWTP Billy's Pond Restoration 37 M M M M M M ' M M M M M M M M M M M M Contractor's Application For Payment Flo. APPLICATION FOR PAYMENT Change Order Summary CONTRACTOR'S CERTIFICATION The undersigned Contractor certifies that: (1) all previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective. 1. ORIGINAL CONTRACT PRICE .......................................................... . $ 2. Net change by Change Orders .......................... ............................... $ 3. CURRENT CONTRACT PRICE (Line 1 t 2) ........ ............................... $ 4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate) .................... ............................... $ 5. RETAINAGE: a. -%x$ Work Completed ..................... $ b. -%x$ Stored Material ....................... $ c. Total Retainage (Line 5a + Line 5b) ............. ............................... $ 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c ) .............................. $ 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application) ....... $ 8. AMOUNT DUE THIS APPLICATION ................... ............................... $ 9. BALANCE TO FINISH, PLUS RETAINAGE (Column G on Progress Estimate + Line 5 above ) .......................... $ Payment of- is recommended by- Payment of- (Line 8 or other - attach explanation of other amount) (Engineer) (Line 8 or other - attach explanation of other amount) is approved by- Contractor's Application for Payment Page 1 of 3 (Date) Application Period. Application Date. To (Owner): City of Yakima From (Contractor): Via (Engineer): Project: Billy's Pond Restoration Contract: Billy's Pond Restoration Owner's Contract No. Contractor's Project No. Engineer's Project No. 329A APPLICATION FOR PAYMENT Change Order Summary CONTRACTOR'S CERTIFICATION The undersigned Contractor certifies that: (1) all previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective. 1. ORIGINAL CONTRACT PRICE .......................................................... . $ 2. Net change by Change Orders .......................... ............................... $ 3. CURRENT CONTRACT PRICE (Line 1 t 2) ........ ............................... $ 4. TOTAL COMPLETED AND STORED TO DATE (Column F on Progress Estimate) .................... ............................... $ 5. RETAINAGE: a. -%x$ Work Completed ..................... $ b. -%x$ Stored Material ....................... $ c. Total Retainage (Line 5a + Line 5b) ............. ............................... $ 6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c ) .............................. $ 7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application) ....... $ 8. AMOUNT DUE THIS APPLICATION ................... ............................... $ 9. BALANCE TO FINISH, PLUS RETAINAGE (Column G on Progress Estimate + Line 5 above ) .......................... $ Payment of- is recommended by- Payment of- (Line 8 or other - attach explanation of other amount) (Engineer) (Line 8 or other - attach explanation of other amount) is approved by- Contractor's Application for Payment Page 1 of 3 (Date) a s �a a■� as a s as a a a a �■■� a a a a a as (Owner) (Date) By. Progress Estimate Contractor's Application For (contract): Billy's Pond Restoration Application Number Application Period: Application Date. A B Work Completed E F G .Item Scheduled Value C D Materials Presently Stored not in C or D Total Completed and Stored to Date C + D + E % (F) B Balance to Finish B - F Specification Section No. Description From Previous Application C + D This Period Totals Contractor's Application for Payment Pape 2 of 3 M M M M M M ' i M M i M M M M M M M Stored Material Summary Contractor's Application For (contract): Billy's Pond Restoration Application Number Application Period: Application Date - A B C D E F G Invoice No. Shop Drawing Transmittal No. Materials Description Stored Previously Stored this Month Incorporated in Work Materials Remaining in Storage ($) D +E - F Date (Month/Year) Amount ($) Amount ($) Subtotal Date (MonthNear) Amount ($) Totals Contractor's Application for Payment Paee 3 of 3 1 1 1 Certificate of Substantial Completion Project: Owner Owners Contract No. Billy's Pond Restoration City of Yakima xxx Contract: Date of Contract: Billy's Pond Restoration Contractor Engineer's Project No. 329A This Certificate of Substantial Completion applies to: F-1 All Work under the Contract Documents: The following specified portions. Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [revised tentative] [definitive] list of items to be completed or corrected, is attached hereto. This list may not be all - inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑ Amended Responsibilities ❑ Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: The following documents are attached to and made part of this Certificate. This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer Date Accepted by Contractor Date Accepted by Owner Date Certificate of Substantial Completion Page 1 of 1 i 1 1 1 1 1 1 1 1 1 1 Change Order Wei Date of Issuance: Effective Date: Project: Owner Owner's Contract No. Billy's Pond Restoration City of Yakima xxx Contract: Date of Contract: Billy's Pond Restoration Contractor Engineer's Project No..329A The Contract Documents are modified as follows upon execution of this Change Order: Description: Attachments: (List documents supporting change): CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times. ❑ Working days ❑ Calendar days Substantial completion (days or date): $ Ready for final payment (days or date): [Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change Orders Orders No. to No. No. to No. Substantial completion (days): $ Ready for final payment (days): Contract Price prior to this Change Order Contract Times prior to this Change Order- Substantial completion (days or date): $ Ready for final payment (days or date): [Increase] [Decrease] of this Change Order [Increase] [Decrease] of this Change Order Substantial completion (days or date). $ Ready for final payment (days or date): Contract Price incorporating this Change Order Contract Times with all approved Change Orders. Substantial completion (days or date): $ Ready for final payment (days or date): RECOMMENDED- ACCEPTED- ACCEPTED- By- By. By. Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature) Change Order Page 1 of 2 1 1 �J t t Change Order Instructions A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been' initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply Change Order Page 2 of 2 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By C E C National Society of SCE American Society Professional Engineers AMLNIC N COUNCIL OP ENGINEIRING C.O MPAMIL Professional Engineers in Private Practice of Civil Engineers PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by r � � ■+ R �, am oHS + The Associated General Contractors of America Knowledge for Creating 1�7 and Sustaining the Built Environment Construction Specifications Institute EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C -520 or C -525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C -001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No C -800) (2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ...... . ............................... ......... .... . ............... ........... .. .......... ... .. ... 5 1.01 Defined Terms ........................................ ... . ................. ........... . ........... . . ... ................. ............. ............. . ...... 5 102 Terminology ......... ................... ............... . . .................. ... ............ . . ............. ....... ...... . . . ............ .......... .. .. . 7 ARTICLE 2 - PRELIMINARY MATTERS ... . . . .............. .. .............. .. ........... .. .. . .... ... ..... .......... . ... .......... ............... 8 2.01 Delivery of Bonds and Evidence of Insurance . ............. . . ........ .. ....... . ... ................. . . ............. ...... ... . .8 2.02 Copies of Documents .............. ............. . . ... .... ........... .. .. ....... .. . ......... . . ........... . .. . . ......... ............ 8 103 Commencement of Contract Times, Notice to Proceed ....... ........ . ......... ... . .................. . ............ ............ ...8 2.04 Starting the Work ..................... ............................... ......... ..... ......... .. ....... .. ... ............ .. . ........ . .. ............ 8 2.05 Before Starting Construction . ............. . . . . .............. . ......... ....... ......... . . ............... . . ........................ . . .. . .. 8 2.06 Preconstruction Conference ...... . . ................ . .. .. ............ ............................. .................... . ............ .............. .. 8 2.07 Initial Acceptance of Schedules . . ............... ...................... ............ . . .......... ... ............... .. .. . ....................... 8 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............ . .......... ...... .. .......... .. ....... . . . .. .. 9 3.01 Intent .. . ... . .................. ... . . ......... ... . .......... . .. . ............. .. ......... . ... ......... . ... . . ........... .. ......... . . . 3.02 Reference Standards ....... . .. ....... ... ...... ............... .. .. .......... . . ............. ................. . . . ............. ........... .. 9 3.03 Reporting and Resolving Discrepancies ..... . .. .................... . .......... . . ............. . . ........... .... . ... ........ . . .......... 9 304 Amending and Supplementing Contract Documents ............... ... .............. ........ ..... .. ................... ...... ... ... ..... 10 3 05 Reuse of Documents .. ....... ....... ............... ......... ................ ................ ............. . . .. ... ........ . ....... .. . .......10 3.06 Electronic Data .. ........ .. . .. . .......... . .. .................... . . ......... . . ....... . . .. . ........... . .. ...... ... ... ........ 10 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS .. . .......... .. . . ..... .. ... . ............ .. . .... ......... . ....... ..... 10 4.01 Availability of Lands ...... ... . ... ....... .. . . . ................. . . . .. ......... . ... ..... .. . . ..... .. ....... ... . . ......... . ........... 10 402 Subsurface and Physical Conditions . . .................... ... .. ......... . . .. . . ... .... . .................. . ......... .. ........ .. 11 403 Differing Subsurface or Physical Conditions .... . .... ......... .. . .............. .............. . ...... .. ....... .. ......... . . 11 4.04 Underground Facilities . .......... . . . ............. . . . . . ............ .. . ........ ... . . ....... . . . . .. . ............. ......... .. .. 12 4.05 Reference Points ..... . ............. .... ............ . . . ........... .... . ........ . . . . . .......... .. . .. . ........ .. .... ...... ...12 406 Hazardous Environmental Condition at Site .......... ............ . .. .......... .. .. .......... .. . . .. ....... .. ... ...... .. 12 ARTICLE 5 - BONDS AND INSURANCE. 13 5.01 Performance, Payment, and Other Bonds . . ........ .. . .. ............ ... . .. ......... . ... ............. .. .. ...... .... . ...... 13 5.02 Licensed Sureties and Insurers ......... . . . ............. .. . . . . ......... .. --- * , *** ...... 14 5.03 Certificates ofInsurance .... . ... ............ ..... .................. . . ......... . . ............. . . . ...... ...... ..... . .... .... .. . ....14 5.04 Contractor's Liability Insurance ............. . . . ... .............. .. ............... . .............. . .. ... ....... . ........ .. .14 5.05 Owner's Liability Insurance ...... .. . ............. . . . .. .......... .. . .. ......... .. ............. .... . .. ........... . .......... . . ..15 506 Property Insurance . .. . ........ . ... ......... ... . ... .............. ... .. ........... ... ............. . .............. . ......... . .......15 5.07 Waiver of Rights ..................................... ............................... . .............. . . ............. . . .......... ........... . 16 509 Receipt and Application of-Insurance Proceeds .. ..... 16 5.09 Acceptance of Bonds and Insurance, Option to Replace . . ...... ......... . . ............... . . . ........ ............ ... . 16 5.10 Partial Utilization, Acknowledgment of Property Insurer . ........ . . ..... ... . ... . ... ........ . . . . ... ..... .. . ....... 17 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ............ ... .. ...... . . ... ........ . ................... ........................... ..17 601 Supervision and Superintendence ... .. ......... . .. .. . ..... . ...... ............ . . . ... .... ... . . .. .......... .... . . .... .. 17 602 Labor, Working Hours ...................... . ....... . . .. ...... ............ ............ . . ....... ....... . .. ......................... ... 17 6.03 Services, Materials, and Equipment .................. .. ......... ..... . .. ... . . ..... .. . ....... ... .. ........... .. .... ... . ..17 604 Progress Schedule ... .. ... .......... ... . . ........... . ... .. ................ . . - - ... ..... . . . . . .......... .... ......... .... 17 6.05 Substitutes and "Or- Equals.. .......... ....... ................... .. .. . ....... . . . . ............. . . . .. .. ... . .. .. .......... . . ........... 18 606 Concerning Subcontractors, Suppliers, and Others .............. . . ........... ................ . . .. . . .......... . ........... . ..... 19 6.07 Patent Fees and Royalties .......... ..... . ......... .. ..... . .. .......... ... . ........ . ... .......... . . . ... ....................... . . .....20 6.08 Permits ....... . .. .. ................. .. . ....... ... ..... ................. .. .. ............. ... ......... . . . ............ .... . .............. .. ...... ..20 6.09 Laws and Regulations .. ............... . . ............ . . ....... .......... .... .. . . . ... . ........... . . . .. . ........ .. .............. .. ....20 6.10 Taxes ......... ... .. .......... ........... ... ....... . ... ............... . . .............. ................. . .................. .......................... .. ... 21 6.11 Use of Site and Other Areas ... ...... ...... ..... . . . ..... .... ... . ..... .. ....... ... . . . .. .. .......... .. . ............. .......21 ........ EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright (0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 1 6.12 Record Documents .............................................................................................. 6 13 .............................21 Safety and Protection 6.14 ..................... ...... ............................... ........ ................. ........................ Safety Representative........... .................. ..................... ....21 .... 22 ' 6.15 Hazard Communication Programs ................ ............................... ................... ............... ...............22 616 Emergencies ............................................................... ............................... .............. ............22 6.17 6.18 Shop Drawings and Samples .................. ..... ............................... .............................. ................22 Continuing the Work ' 6.19 ........ .... ......... ............................. ................... ....................... ................. Contractor's General Warranty and Guarantee 23 6.20 .......................... .. ......... ........ ............................... Indemnification ................................................ ............................... .............................. ............23 . 23 6.21 Delegation of Professional Design Services ..... ............................... ...................... ............................... 24 ARTICLE 7 - OTHER WORK AT THE SITE 701 .... ................. . ............... .................... .......... ................... Related Work at Site ............ .. ............... ... ........ ....... ........ ............. ...... 24 ...24 7.02 7.03 Coordination ................. ...................... ...... ..... . ..... ........ .... ............................... .... Legal Relationships . ............................... ..... ....... ............. ... ............................... ..... .25 ' ...... ... ARTICLE 8 - OWNER'S RESPONSIBILITIES.... . ... ....... .... ...... . .... ...... .......... ........ .... ....... ..........25 ....25 801 Communications to Contractor .......... .......... .............. .... .... .............. ...... ........... .... ... 25 8.02 Replacement of Engineer .. ................ ............... ........ ............................... ......... .............................25 ' 803 Furnish Data . ........... ............................... 8.04 ................. ........ ............................... ................. Pay When Due ... .. ...... ...... ........... ..... ....... ..... ........... ................ .................. .............25 ...25 805 8.06 Lands and Easements, Reports and Tests Insurance ......................... .................. 25 ' 8.07 ....... .... .. ... ........ ...................... . ...... .... ............25 Change Orders ..................... ........ ... ...... ................... ..... . . ............................... ................. 25 808 Inspections, Tests, and Approvals ..... .. .... ...... ................... ..... ..................... .... 25 8.09 8 10 Limitations on Owner's Responsibilities.. .... Undisclosed Hazardous Environmental Condition .26 ....... ................. .. .... ...... .... 26 8.11 Evidence of Financial Arrangements .. ...... ............ ...................... ............................... ARTICLE ...............26 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........ 26 9.01 ....... ...... .. ........ ..... ....... . ..... Owner's Representative .................... .... ... 26 9.02 Visits to Site ......... ............................... ..... ..... ..... ............................... ....... ............ ...... ...26 9.03 Project Representative.......... ..... ... .......... .... ............ ...26 9.04 9.05 Authorized Variations in Work ..... . Rejecting Defective Work 26 ' .................. .... ... ....... ..: ........... ..... ....... ... ......... 26 9.06 Shop Drawings, Change Orders and Payments ..... . ... ........ ........................... ...........................27 9.07 Determinations for Unit Price Work ... .. ........... ....... ....... 27 9.08 909 ..... ...... ..... .... ................... Decisions on Requirements of Contract Documents and Acceptability of Work. .... 27 ' Limitations on Engineer's Authority and Responsibilities.. . ... ....... ......... ... .. .. .. ... ...... 27 ARTICLE 10 - CHANGES IN THE WORK, CLAIMS .. ...... .... ................ .... ............ .. .......... ... ....... ..27 10.01 1002 Authorized Changes in the Work ..... ..... ............. ............... .... ........ ................. ........................ Unauthorized Changes in the Work. . 27 ' ... ...... .. ... .. ... _ _ _.. .. -.28 10.03 Execution of Change Orders ...... ......... ..... ....... ...... . ........ ............................... ........... .........28 1004 Notification to Surety .. ... 28 10.05 ARTICLE .. ....... ......... ....... Claims ..... . ......................... .................. .... ....... ... .. ..... ......... 11 .. 28 - COST OF THE WORK, ALLOWANCES, UNIT PRICE WORK ...... ......... .. .......... ..... ..29 1101 Cost of the Work .. .... ..... 29 1102 1103 Allowances ....... ............ ........ ... ... ......... ........ Unit Price Work ' ........ ................... ...... ........................... ..................... ................ ........... 30 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ..... ....... .. .............................31 12.01 Change of Contract Price. ... ......... ... 31 1202 12.03 Change of Contract Times ............ .... ...... ..... ....... .... ...... .................... Delays t ARTICLE .......................... ............. .............. ............. ........ ............... ......... ..................... ............32 13 - TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK..... 32 13.01 13 02 Notice of Defects ........................................................... ............................... ............... ....... ..............32 Access to Work ' ... ..... .. .............. .. .. ... ... ............... ..... ............ ......................32 13 03 Tests and Inspections ........... ...... . ..... ......... ..... 32 13.04 Uncovering Work..... ..... ....... ............... .. .. .... 13 05 13.06 Owner May Stop the Work .. ..................... ....... .... ........... .. ............................... .. Correction Removal .33 33 or of Defective Work ........... .... . ..... .................... ........... ............................... 33 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. ' 00700-4 t13.07 Correction Period ..................................................................................................... .............................33 t 13.08 13.09 Acceptance of Defective Work ................................................................................ ............................... ...34 Owner May Correct Defective Work . ............................... ..................... ............................... .........................34 ARTICLE 14 - PAYMENTS TOCONTRACTOR AND COMPLETION ............................................. ............................... 35 1401 Schedule of Values ................. ............................... .. .............................................. .............................35 ' 1401 1403 Progress Payments ...................................................................................................... .............................35 Contractor's Warranty of Title ........................ ............................... ........................ .............................36 14.04 Substantial Completion ................................................................................................... .............................36 14.05 14.06 Partial Utilization ...................... ............................... .. ............................................... .............................37 Final Inspection ....................................................................................................... ............................... 37 1407 Final Payment .. ............................... .................................................................. ............................... 37 14.08 Final Completion Delayed ...................... . ........................................ ............................... ..................38 ' 14.09 Waiver of Claims .................................................................................................. ............................... ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ........................................ ............................... . 38 38 15.01 Owner May Suspend Work ......................... ..... ........... ............................... ..... ............................... 38 15.02 Owner May Terminate for Cause ............... ................. ............................... 38 15.03 Owner May Terminate For Convenience ................................................................ ............................... ..... 39 1504 Contractor May Stop Work or Terminate ........... ............................... ................... .............................. 39 ARTICLE 16 - DISPUTE RESOLUTION ...................... ............................... ............................ .............................40 ' 16.01 ARTICLE17 Methods and Procedures .......................... ......................................... ............................... ..............40 - MISCELLANEOUS .......................... ............................................... ............................... ........40 1701 Giving Notice ............................................... ............................... . ................ .......................... .. .40 17.02 Computation of Times ............................................ ............................... ................... ............... ........ .40 17.03 Cumulative Remedies ...................................................... ............................... .... ........................ . 40 1 17.04 Survival of Obligations .................................................................................. ............................... ....40 17.05 Controlling Law .......................... ....... ............................... ........... ..... ................ ......... .........40 1706 Headings ............ ............................... .......... ............................... ................. ............ ......... .40 J 1 ' EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda -- Wntten or graphic instruments issued prior to the opening of Bids which clarify, correct., or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement - -The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment - -The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos - -Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5 Bid - -The offer or proposal of a Bidder subrmtted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder- -The individual or entity who submits a Bid directly to Owner 7. Bidding Documents - -The Bidding Requirements and the proposed Contract Documents (including all Addenda) 8 Bidding Requirements - -The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order - -A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim - -A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract - -The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 1 1 12. Contract Documents -- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price - -The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times - -The number of days or the dates stated in the Agreement to. (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor= -The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work- -See Paragraph 11 0 LA for definition. 17. Drawings - -That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18 Effective Date of the Agreement - -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer - -The individual or entity named as such in the Agreement. 20. Field Order - -A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. ' 21. General Requirements -- Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition - -The presence at the Site of Asbestos, PCBs, Petroleum, ' Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. J L 23. Hazardous Waste - -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations, Laws or Regulations - -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens -- Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone - -A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award- -The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 28. Notice to Proceed- -A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner- -The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs -- Polychlorinated biphenyls. 31. Petroleum -- Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14 7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Waste and crude oils. 32. Progress Schedule - -A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project- -The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual - -The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material -- Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative - -The authorized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples -- Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals - -A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values - -A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41 Shop Drawings - -All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42 Site - -Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications- -That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 ' 44. Subcontractor - -An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. t45. Substantial Completion - -The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in ' accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder - -The Bidder submitting a responsive Bid to whom Owner makes an award. 47 Supplementary Conditions - -That part of the Contract Documents which amends or supplements these General Conditions. 48 Supplier - -A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities - -All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, ' tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work- -Work to be paid for on the basis of unit prices. 51. Work- -The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents 52 Work Change Directive - -A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be ' performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on ' the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract ' Documents, have the following meaning. B. Intent of Certain Terms or Adjectives ' 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered ", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are ' used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise) The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty ' EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 or authority to undertake responsibility contrary to the provisions of Paragraph 9 09 or any other provision of the Contract Documents. C. Day The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05) E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases which have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also ' deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insur- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 1 ance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals, and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2 05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2 05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1 The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor 2 Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equip- ment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the stan- dard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or author- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 ' ity to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies ' 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 1 1i 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3 04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions ofthe Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample, (Subject to the provisions of Paragraph 6.17.D.3), or 3. Engineer's written interpretation or clarification. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or f imishmg all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B The prohibition of this Paragraph 3 05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies) Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes ' in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10 05 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 1 1 1 1 B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to. 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1 is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4 02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents, or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do SO. B Engineer's Review- After receipt of written notice as required by Paragraph 4 03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described In Paragraph 4 03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2 Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submis- sion of a Bid or becoming bound under a negotiated contract; or b the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4 03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10 05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not li nited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1 Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data, and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 1 Ll b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, prompt- ly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Under- ground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be-issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10 05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and ' shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. M 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing) Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not lirmted to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negli- gence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4 06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 1 i� 1 1 1 1 1 1 1 1 1 I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5 01.13 and 5 02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance- companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other Insurance as is appropriate for the Work , being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1 claims under workers' compensation, disability benefits, and other similar employee benefit acts; ' 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; ' 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees, 4. claims for damages Insured by reasonably available personal Injury liability coverage which are sus- ' tamed: a. by any person as a result of an offense directly or indirectly related to the employment ' of such person by Contractor, or b. by any other person for any other reason; ' 5 claims for damages, other than to the Work Itself, because of injury to or destruction of tangible property wherever located, Including loss of use resulting therefrom; and , 6 claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5 04 shall: 1. with respect to insurance required by Paragraphs 5 04.A.3 through 5 04.A.6 Inclusive, Include as ' additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, , partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided r in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3 include completed operations insurance; I EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 1 G. 1 ' 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; ' 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); ' 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07, and ' 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the ' Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owners Liability Insurance 1 A. In addition to the insurance required to be provided by Contractor under Paragraph 5 04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect ' Owner against claims which may arise from operations under the Contract Documents. 5.06 ]Property Insurance tA. Unless otherwise rovided in the Supplementary p pp ry Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such ' deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations) This insurance shall: ' 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured, 2. be wntten on a Builder's Risk "all- risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and ' equipment in transit, and shall insure against at least the following perils or causes of loss fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of ' loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); ' 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; ' EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 L 5 allow for partial utilization of the Work by Owner; ' 6 include testing and startup; and ' 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery Insurance or additional property insur- ance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests ' of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or ' additional insured. C All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded ' will not be canceled, materially changed or renewal refused until prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 , will so provide); D Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5 06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any ' deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. , E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be , charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. r 5.07 Waiver of Rights A. Owner Contractor intend ' and that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recov- ery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each ' other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary ' Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of ' insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: ' EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 ' 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, ansing out of, or resulting from fire or other ' perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, ansing out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. ' C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. ' 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13 Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on ' account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the ' parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in ' interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the ' bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ' Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization Acknowledgment of Property Insurer g P tY ' A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14 05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby The insurers providing the property insurance shall ' EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 consent by endorsement on the policy or policies, but the property insurance shall not be canceled or p ermitted to ' lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES t 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such ' attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the ' design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from -the superintendent shall be binding on ' Contractor. 6.02 Labor; Worldng Hours I A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and ' perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site B Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written , notice to Engineer 6.03 Services, Materials, and Equipment I A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full ' responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, ' Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. EJCDC C -700 Standard General Conditions of the Construction Contract. ' Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 1 1 C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2 Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is ' followed by words reading that no like, equivalent, or "or- equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. ' 1. "Or-Equal" Items. If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: L a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance.and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state• a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and c) whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services, 4) and shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Procedures If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6 05.A and 6.05.13. Engineer may require Contractor to furnish ' additional data about the proposed substitute item. Engineer will be the sole fudge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D Special Guarantee. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. ' E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13 Whether or not Engineer approves a substitute item so proposed or subrmtted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others ' A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner ' may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other ' individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supple- mentary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost ' occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. ' C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents. ' 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contrac- tual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor ' D Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. ' E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. ' EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent ]Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 I ' B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not linuted to all fees and ' charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not ' relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the ' subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on .. _ entitlement to or on the amount or extent, if any, of any such adjustment, 'a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas ' A. Limitation on Use of Site and Other Areas ' 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and ' charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. ' B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and ' disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all ' tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. ' D. Loading Structures. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 I 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss, and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6 13.A.2 or 6 13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly em- ployed by any of them). D Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 1 1 1 1 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b Data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples Contractor shall also submit Samples to Engineer for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6 17.1) B Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals any related Work performed prior to Engineer's review and approval of the, pertment submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 b. the suitability of all materials with respect to intended use, fabrication, shipping, han- dling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and - procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3.With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6 17.0 1 E. Resubmittal Procedures 1 Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or ' disagreements, except as permitted by Paragraph 15 04 or as Owner and Contractor may otherwise agree in writing. EJCDC C -700 Standard General Conditions of the Construction Contract. , Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 1 � 6.19 Contractors General Warranty and Guarantee ' A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entitles shall be entitled to rely on representation of Contractor's warranty and guarantee. B Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the ' Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: ' 1 observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; ' 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; ' 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ' ability by Engineer; 6 any inspection, test, or approval by others; or t7. any correction of defective Work by Owner 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless t Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute ' resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable B In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification ' obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6 17.1) 1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then. 1. written notice thereof will be given to Contractor prior to starting any such other work; and EJCDC C -700 Standard General Conditions of the Construction Contract. ' Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent if any, Y� any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10 05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner ' and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly ' integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of t such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by ' others under this Article 7, Contractor shall inspect such other work and promptly report to'Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work ' as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 1 7.02 Coordination ' A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities ' among the various contractors will be identified, 2. the specific matters to be covered by such authority and responsibility will be itemized, and ' 3. the extent of such authority and responsibilities will be provided. ' B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. ' 7.03 Legal Relationships 1 A. Paragraphs 7 0l .A and 7 02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.-30 ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14 02.0 and 14 07 C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4 05. Paragraph 4 02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. EJCDC C -700 Standard General Conditions of the Construction Contract. ' Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 1 8.08 Inspections, Tests, and Approvals 13.03.13. A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 8.09 ]Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9 09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09 If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other Individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not Involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as Indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10 05 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13 04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17 B In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12 D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 L� 1 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and fudge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Tunes or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05 D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity 9.09 ]Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14 07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 E. The limitations upon authority and responsibility set forth in this Paragraph 9 09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.13 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are (i) ordered by Owner pursuant to Paragraph 10 01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties, 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6 18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 ' bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required- All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13 A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). ' C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1 deny the Claim in whole or in part, 2 approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be ' deemed denied. E. Engineer's written action under Paragraph 10.05 C or denial pursuant to Paragraphs 10 05 C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. ' F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10 05 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK r 11.01 Cost of the Work ' A. Costs Included. The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society.of Professional Engineers for EJCDC. All rights reserved. 00700-36 value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11 0I.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11 01. 4 Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 1 1 1 1 f e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for pernuts and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. 1. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items. 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0l.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0 LA and 11 0 L ' C. Contractor's Fee. When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be 1 determined as set forth in Paragraph 12.01.C. D. Documentation. Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0l.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 11. 02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , over- head, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9 07. C Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 1 1 7 1 11 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows' 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03), or 2 where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2), or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agree- ment to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12 01 Q. C Contractor's Fee The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11 01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.0l.C.2.a is that the Subcon- tractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.A. I and 11.0I.A.2 and that any higher tier Subcontractor and Contractor will each be paid •a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11 01.A.4, 11.0I.A.5, and 11.01.13; EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.01 C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidermcs, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Tunes. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 1 L 11 .1 11 0 F1 e 1 r, ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 1 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13 03.0 and 13.03.1) below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-42 1 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be , uncovered for.Engmeer's observation and replaced at Contractor's expense B If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10 05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others) B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period 1 A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-43 Pi Paragraph 6 1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas, or 2 correct such defective Work; or ' 3. if the defective Work has been rejected b Owner, remove it from the Project and replace it with Work J Y � J P that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. ' B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. ' E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13 07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance. of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay ' all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the durumshed value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10 05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13 06.A, or if EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-44 1 ARTICLE 14 - PAYMENTS TOCONTRACTOR AND COMPLETION C! 14.01 Schedule of Values I A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such sup- porting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other docu- mentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-45 Contractor falls to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13 09. ARTICLE 14 - PAYMENTS TOCONTRACTOR AND COMPLETION C! 14.01 Schedule of Values I A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such sup- porting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other docu- mentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-45 ' 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. r2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an I experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: 1 1 n H I 1 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (sub- ject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation), and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically as- signed to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-46 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders, c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) become due, and when due will be paid by Owner to Contractor D. Reduction in Payment 1 Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or fur- nishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens, c. there are other items entitling Owner to a set -off against the amount recommended, or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14 02.B.5.a through 14.02 B.5 c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determmned that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14 02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-47 14.04 Substantial Completion ' A. When Contractor considers the entire Work ready for its Intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer Issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an Inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. ' C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be .completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so Inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, ' Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions. N1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to Issue a certificate of Substantial Completion for that part of the Work. ' 2. Contractor at any time may notify Owner and Engineer In writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, 'Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-48 1 the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment Pp Ym 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by- a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.7; b. consent of the surety, if any, to final payment; c a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3 In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1 If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Applica- tion for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-49 1 1 1 J 1 u 1 1 1 1 that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retamage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1 a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10 05 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-50 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: I 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04), 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; ' 3. Contractor's disregard of the authority of Engineer; or 1 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15 02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. ' D Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15 02.0 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items)- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-51 1 1 f' 1 1 1 1 1 1 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally deter- mined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03 B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15 04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10 05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-52 C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a dental pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent r jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: , 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2 delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies I A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations , A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-53 1 1 1 1 1 1 1 1 1 1 1 1 1 will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. The venue for any action to enforce or interpret this Agreement shall lie in a court of competent jurisdiction in Yakima County, Washington. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-54 1 1 1 1 1 1 1 1 SUPPLEMENTARY CONDITIONS CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SUPPLEMENTARY CONDITIONS 1 SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS ARTICLE PAGE NO. 1 Definitions and Terminology SC — 00800 -1 2 Preliminary Matters SC — 00800 -1 4 Availability of Lands; Subsurface and Physical Conditions; Reference Points SC — 00800 -1 5 Bonds and Insurance SC — 00800 -1 6 Contractor's Responsibilities SC — 00800 -3 7 Not Used 8 Not Used 9 Engineer's Status During Construction SC — 00800 -6 10 Changes in the Work; Claims SC — 00800 -7 11 Cost of Work; Cash Allowances; Unit Price Work SC — 00800 -7 12 Change of Contract Price; Change of Contract Time SC — 00800 -8 14 Payments to Contractor and Completion SC — 00800 -8 15 Suspension of Work and Termination SC — 00800 -9 17Miscellaneous Sc — 00800 -9 CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SUPPLEMENTARY CONDITIONS ' GENERAL. 1 1 1 1 1 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC No. 1910 -8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. ARTICLE 2 - PRELIMINARY MATTERS SC - 2.02 Delete paragraph 2.02.A. in its entirety and insert the following in its place• "OWNER shall furnish to CONTRACTOR five copies of the Contract Documents with full -scale Drawings. Additional copies will be furnished upon request at the cost of reproduction." ARTICLE 5 - BONDS AND INSURANCE SC — 5.01 Add the following language at the end of paragraph 5.01.C: "In addition, OWNER will make no further progress payments under the Agreement until CONTRACTOR complies with the provisions of this paragraph." 1 SC - 5.02 Add the following language at the end of paragraph 5.02.A: "Surety or insurance companies shall have an A.M. Best rating of A- or better." ISC - 5.04 u 1 Add the following new paragraphs immediately after paragraph 5.04.B: C CONTRACTOR'S liability insurance shall contain an endorsement on the general liability policy that will provide full policy linuts on a "per project" basis. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SUPPLEMENTARY CONDITIONS D. The linuts of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under paragraphs 5.04.A.1. and A.2 of the General Conditions: a. State. Statutory b. Applicable Federal (e.g., USL &H /Jones Act)- Statutory c. Employer's Liability: Statutory 2. Comprehensive General Liability under paragraphs 5 04.A.3. through A.6 of the General Conditions which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. a. General Aggregate $2,000,000 b Products — Completed Operations Aggregate $2,000,000 c. Personal and Advertising Injury $2,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e Property Damage Liability insurance will provide Explosion, Collapse, and Underground coverages where applicable f. Excess or Umbrella Liability 1) General Aggregate $2,000,000 2) Each Occurrence $2,000,000 3) Retention $2,000,000 3. Automobile Liability under paragraph 5.04.A.6 of the General Conditions. a. Combined Single Limit of $1,000,000 b. Non -owned and Hired Automobile Liability $1,000,000 4. In addition to those identified in the General Conditions, the following persons or entities shall be listed as additional insured: a. City of Yakima CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SUPPLEMENTARY CONDITIONS S.C. Delete paragraph 5 06.A. in its entirety and insert the following in its place: ' A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. CONTRACTOR shall be responsible for any deductible or self - insured retention. The deductible or self - insured retention shall not exceed $100,000. The ' policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC -5.06 shall comply with the requirements of paragraph 5.06.C. of the General Conditions. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any ' of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured, 2. be written on a Builder's Risk "all- risk" or open peril or special causes of loss policy form that u J Ij J F1 L' shall at least include insurance for physical loss and damage to the Work, temporary buildings, false work, and materials and equipment in transit and shall insure against at least the following perils or causes of -loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4 cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER, 6 include testing and startup, and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. Delete paragraph 5 06.B. in its entirely. Delete paragraph 5 06.D. in its entirety. Delete paragraph 5.06.E. in its entirety. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC - 6.05 Delete the second sentence of Paragraph 6 05.A. in its entirety and insert the following in its place CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SUPPLEMENTARY CONDITIONS "Where the specification or description contains or is followed by words reading that no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may not be submitted to ENGINEER for review. Where the specification or description contains or is followed by words reading "or equal ", other items of material or equipment or material or equipment of other suppliers may be submitted to ENGINEER for review under the circumstances described below for "or equal" items. Where the specification or description does not contain or is not followed by words reading "or equal" or no substitution permitted, other items of material or equipment or material or equipment of other suppliers may be submitted to ENGINEER for review under the circumstances described for "substitute" items below." Delete subparagraph 6.05.A.1. in its entirety and replace with the following: 1. "Or Equal" Items. If in ENGINEER'S sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named, equal in material and constructed quality, and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or equal" item, in which case review and approval of the proposed item may, in ENGINEER'S sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items." Delete subparagraphs 6.05.A. La. and 6.05.A.I b in their entirety. Add the following new subparagraph immediately after paragraph 6 05.A.2.d.- e. "The application for review of a substitute shall be on the CONTRACTOR'S Request For Substitution form provided in the Appendix of the Contract Documents and included with the submittal. The Installation List included with the Request shall include only installations of the proposed substitute in applications of approximately the same size and complexity, and the same design as those to be furmshed for this Project. Include in the Installation List, as a minimum, the owner's name, address, and telephone number; engineer's name, address and telephone number; location and name of project; installation date, startup date, and date of final acceptance by owner; and application of material or equipment. If the experience indicated by the Installation List does not demonstrate at least 5 years of successful operation of the proposed substitute item, OWNER may require CONTRACTOR and Supplier to furnish, at CONTRACTOR'S expense, a special performance guarantee with surety bond as required by paragraph 6.05.1) of the General Conditions with respect to the substitute. Only the time period between final approval of the proposed material or equipment on the referenced project and the Bid date for this Project will count towards the required CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SUPPLEMENTARY CONDITIONS 1 1 1 1 J 1 1 satisfactory experience of the proposed substitute item. ENGINEER will be the sole judge of acceptability of experience, time credited, and whether the special performance guarantee will be required for a substitute item. ENGINEER will notify CONTRACTOR which proposed substitute(s) will require a special performance guarantee with surety bond." Delete Paragraph 6.05.E. in its entirety and insert the following in its place: E. `ENGINEER'S Cost Reimbursement. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby " Add the following new subparagraph immediately after paragraph 6.05.E.: I. "If a substitute item of material or equipment proposed by CONTRACTOR is approved by ENGINEER, and the substitution requires a change in any of the Contract Documents to adapt the design to the proposed substitute, CONTRACTOR shall notify ENGINEER of the changes and be responsible for the costs involved to revise the design and to make modifications or changes to the construction, including the costs associated with the Work of other contractors due to such variance in design or space requirements. ENGINEER and ENGINEER's Consultants will prepare redesign and drawing revisions. CONTRACTOR shall reimburse OWNER for charges of ENGINEER and ENGINEER'S Consultants for redesign and drawing preparation. Reimbursement of ENGINEER shall be based on ENGINEER'S and ENGINEER's Consultants direct labor costs, indirect labor costs, profit on total labor, and any direct non -labor expenses such as travel and per diem." SC — 6.06 In paragraph 6.06.13. delete the words "Supplementary Conditions" in two places and insert the words "Instructions to Bidders" in their place. SC — 6.16 Add the following new paragraph immediately after paragraph 6.16.A.: B. "In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, and CONTRACTOR cannot be reached, OWNER may act to attempt to prevent threatened damage, injury, or.loss. OWNER will give CONTRACTOR and ENGINEER prompt written notice of such action and the cost of the correction or remedy shall be charged against CONTRACTOR. CONTRACTOR shall give ENGINEER prompt written notice if CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SUPPLEMENTARY CONDITIONS CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by OWNER in response to such an emergency, a Work Change Directive or Change Order will be issued." SC — 6.17 Add the following new subparagraph immediately after subparagraph 6.17.E.1: 2. "After ENGINEER has reviewed and approved a Shop Drawing or Sample, CONTRACTOR shall provide the material or equipment approved. ENGINEER will not review subsequent submittals of a different manufacturer or Supplier unless CONTRACTOR provides sufficient information to ENGINEER that the approved material or equipment is unavailable, time of delivery will delay the construction progress, or OWNER requests a different manufacturer or Supplier " ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC - 9.09 Add the following new paragraph immediately after Paragraph 9 09.E.: F. "When ENGINEER is on the Project site to perform the duties and responsibilities as set forth in the Contract Documents, ENGINEER will comply with CONTRACTOR'S safety plans, programs, and procedures. In the event ENGINEER determines that CONTRACTOR'S safety plans, programs, and procedures do not provide adequate protection for ENGINEER, ENGINEER may direct its employees to leave the Project site or implement additional safeguards for ENGINEER'S protection. If taken, these actions will be in furtherance of ENGINEER'S responsibility to its own employees only, and ENGINEER will not assume any responsibility for protection of any other persons affected by the Work. In the event ENGINEER observes situations which appear to have potential for immediate and serious injury to persons, ENGINEER may warn the persons who appear to be affected by such situations. Such warnings, if issued, shall be given based on general humanitarian concerns, and ENGINEER will not, by the issuance of any such warning, assume any responsibility to issue future warnings or any general responsibility for protection of persons affected by the Work." CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SUPPLEMENTARY CONDITIONS 1 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC — 10.03 Add the following new paragraph immediately after subparagraph 10.03.A.3.. I 4. "Change Orders will be prepared on the form included in the Contract Documents of this Project Manual." SC — 10.05 Add the following new subparagraph immediately after paragraph 10.05.A.: ' 1. Notice of the amount or extent of the claim shall include the following certification. "CONTRACTOR certifies that this claim is made in good faith, that the supporting data are accurate and complete to the best of CONTRACTOR'S knowledge and belief, and that the amount or time requested accurately reflects the Contract adjustment for which CONTRACTOR believes OWNER is liable." ARTICLE 11 - COST OF WORK; CASH ALLOWANCES; C S, UNIT PRICE WORK SC— 11.03 tDelete Paragraph 11.03.0 in its entirety and insert the following in its place: C "The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions ' 1 if the total cost of a particular item of Unit Price Work amounts to 5% or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by ' Contractor differs by more than 25% from the estimated quantity of such item indicated in the Agreement; and 1 1 t 2 if there is no corresponding adjustment with respect to any other item of Work; and 3 if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, or if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect of CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SUPPLEMENTARY CONDITIONS any such variations in the quantity of Unit Price Work performed." ' ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT ' TIMES SC — 12.02 , Add the following new paragraph immediately after paragraph 12.02.13 C. "Time extensions .provided under paragraphs 12.03 of the General Conditions will only be allowed for controlling items of Work (critical path) " SC — 12.03 1 Delete paragraph 12.03.B. in its entirety and insert the following in its place , B. "Except as provided for in paragraph 15.01., CONTRACTOR shall make no claim for damages for delay in the performance of the Work occasioned by acts or neglect by OWNER or any of its ' representatives, including ENGINEER, or ENGINEER's Consultants, or because of any injunction which may be brought against OWNER or its representative, including ENGINEER or ENGINEER's ' Consultants, and agrees that any such claim shall be fully compensated for by an extension of time in an amount equal to the time lost due to such delay, and that such time extension shall be CONTRACTOR's sole and exclusive remedy for such delay " I ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION I SC — 14.02 Amend the first sentence of subparagraph 14 02.A.1. by striking out the words "20 days" and inserting the words , "30 days" in their place Amend the first sentence of paragraph 14 02.0 by striking out the words "Ten days" and inserting the words , "Twenty days" in their place. SC— 14.10 ' Add the following new paragraph immediately after paragraph 14.09.A.2.: 14.10 "Additional Engineering Costs: A. In addition to the liquidated damages set forth in the Agreement, CONTRACTOR shall be liable ' for all additional costs for ENGINEER'S services beyond Substantial and Final Completion dates. CITY OF YAKIMA REGIONAL WWTP , BILLY'S POND RESTORATION SUPPLEMENTARY CONDITIONS 1 ri 1 I OWNER will deduct these costs from any monies due or that may become due CONTRACTOR or Surety and pay ENGINEER for said services." ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION SC — 15.04 Amend paragraph 15.04.A and 15.04.B by striking out the words "30 days" in four places and inserting the words "60 days" in their place and by striking out the words "seven days" in two places and inserting the words "ten days" in their place. ARTICLE 17 - MISCELLANEOUS SC — 17.01 Delete Paragraphs 17.0l.A, 17.01.A.1, 17.0I.B.2in their entirety and insert the following in its place- A. "Whenever any provision of the Contract Documents requires the giving of a written notice or the delivery of any Bond, Agreement, Certificate of Insurance or any other item, it will be deemed to have been validly given if delivered in person to the individual, to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail (return receipt), postage prepaid, to the last business address known to the giver of the article." SC — 17.07 Add the following new paragraph immediately after paragraph 17.06 17.07 "Lien Waivers: A. OWNER may at any time require CONTRACTOR to furnish lien waivers for labor and materials covered by specified Applications for Payment." CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SUPPLEMENTARY CONDITIONS TECHNICAL SPECIFICATIONS Introduction The work on this project shall be accomplished in accordance with the Standard General of the Construction Contract, as modified by the supplemental Conditions and as further clarified by these Technical Specifications. Collectively, these are all part of the Contract Documents and shall govern all to the Work. These Technical Specifications supplements, modifies, or replaces the comparable Standard Specification, or Article, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply. Also incorporated into the Contract by reference are: • Manual on Uniform Traffic Control Devices for Streets and Highways, currently adoptededition, with Washington State modifications, if any • Standard Plans for Road, Bridge and Municipal Construction, WSDOT /APWA, current Edition, • Revised Code of Washington, • ASTM International, formerly known as the American Society for Testing and Materials (ASTM), Contractor shall obtain copies of these publications at Contractor's own expense. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS 11 i ' F. Work by Government. 1.2 GENERAL DESCRIPTION OF WORK COVERED BY CONTRACT DOCUMENTS A. Construct the Work under a fixed price Contract. B. The Work consists of the off - channel habitat restoration construction on City of Yakima's Wastewater Treatment Plant facility in Yakima WA, adjacent to the ' Yakima River. Complete the construction in accordance with the Drawings, Specifications, and other documents as referenced or included. ' C. Construction includes, but is not limited to furnishing materials, labor, disposal of all waste materials and all other work necessary to complete the Work as defined in the Contract documents. ' D. The specific elements of Work, include, but are not limited to: 1. Construction surveying and staking. 2. Clearing and grubbing. 3. Light demolition and debris removal. 4. Site earthwork and grading. 5. Demolition of a portion of an asphalt recreational trail ' 6. Demolition of a two corrugated metal pipe culverts under the trail and demolition of a weir. 7. Construction of a new outlet channel connecting Billy's Pond to the Yakima River. 8. Backfilling an existing outlet channel. 9. Excavation of three channels on the north side of Billy's Pond Filling and ' grading of Billy's Pond to create habitat complexity 10. Cutting selected trees on the west side of Billy's Pond Installing habitat features including large woody debris (LWD) and rock weirs. ' 11. Soil amendment to allow planting in habitat areas 12. Installation of plants 13. Legal disposal of excess site material. ' CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01010 SUMMARY OF WORK SECTION 01010: SUMMARY OF WORK ' PART 1 GENERAL 1.1 SECTION INCLUDES A. General description of work covered by contract documents. ' B. Site location. ' C. Soils investigation. D. Permit requirements. ' E. Contractor use of site and premises. ' F. Work by Government. 1.2 GENERAL DESCRIPTION OF WORK COVERED BY CONTRACT DOCUMENTS A. Construct the Work under a fixed price Contract. B. The Work consists of the off - channel habitat restoration construction on City of Yakima's Wastewater Treatment Plant facility in Yakima WA, adjacent to the ' Yakima River. Complete the construction in accordance with the Drawings, Specifications, and other documents as referenced or included. ' C. Construction includes, but is not limited to furnishing materials, labor, disposal of all waste materials and all other work necessary to complete the Work as defined in the Contract documents. ' D. The specific elements of Work, include, but are not limited to: 1. Construction surveying and staking. 2. Clearing and grubbing. 3. Light demolition and debris removal. 4. Site earthwork and grading. 5. Demolition of a portion of an asphalt recreational trail ' 6. Demolition of a two corrugated metal pipe culverts under the trail and demolition of a weir. 7. Construction of a new outlet channel connecting Billy's Pond to the Yakima River. 8. Backfilling an existing outlet channel. 9. Excavation of three channels on the north side of Billy's Pond Filling and ' grading of Billy's Pond to create habitat complexity 10. Cutting selected trees on the west side of Billy's Pond Installing habitat features including large woody debris (LWD) and rock weirs. ' 11. Soil amendment to allow planting in habitat areas 12. Installation of plants 13. Legal disposal of excess site material. ' CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01010 SUMMARY OF WORK 14. Temporary and permanent erosion protection measures including, but not limited to: straw bales, silt fences, grade control structures, check dams, gravel, and boulders. 15. Dewatering measures as necessary to allow construction in areas below the water table including Billy's Pond and the new channels. 16. Construction of a new recreational trail. 17. Environmental protection measures. 18. Construction quality control. E. Except as specifically noted provide and pay for: 1. All labor, materials and equipment. 2. All tools, construction equipment and machinery. 3. Required permits not obtained by the GOVERNMENT. (See Section 6 of the General Conditions for further reference.) F. Pay legally required sales, consumer and use taxes. G. Give required notices. H. Comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities that bear on performance of the Work. I. Do not extend Work activity into areas not planned for development under this Contract. J. Obtain required permits not obtained and specifically delineated by The GOVERNMENT. 1.3 SITE LOCATION A. The site is located on a land owned by the city of Yakima on the west bank of the Yakima River. Prospective bidders are encouraged to attend the pre -bid meeting and to visit the site to become familiar with existing conditions. 1.4 SOIL INVESTIGATION A. Limited investigations have been made of soils at the site. Both of these documents are available for review at the office of the GOVERNMENT. B. Test pits were excavated and monitoring wells were installed in connection with the investigations noted above. Logs for the test pits and monitoring wells are included in the documents that are available for review. C. Contractor is responsible for all soil investigation necessary to support construction of the Work as shown herein. 1.5 CONTRACTOR USE OF SITE AND PREMISES A. Limit use of the site and premises to allow Work and partial GOVERNMENT occupancy. Coordinate use with Contracting Officer. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01010 SUMMARY OF WORK 1 B. Do not adversely impact traffic on adjacent streets rCITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01010 SUMMARY OF WORK C. Access site from the Wastewater Treatment Plant as directed by the Owner. Construct improvements to the existing drive as necessary to accommodate construction vehicles. ' D. A Contractor Work area, with designated Contractor stagingarea has been indicated on the Drawings. tE. Limit activities to the designated work areas as indicated on the Drawings. F. Restore any inadvertent damage to areas located outside of the limits of Work to the satisfaction of the Contracting Officer. G. Utility Outages and Shutdown: Utility shutdown should not be necessary to construct this project. Provide Contracting Officer with 72 hours' notice prior to ' implementing outage or shutdown. ' H. Contracting Officer will coordinate with adjacent property owners and affected utility personnel. 1.6 WORK BY THE OWNER ' A. The OWNER will identify and flag existing vegetation and other features that are designated to remain. B. The OWNER will provide independent Quality Assurance measures to verify the Construction Quality Control provided by the Contractor. These Quality Assurance measures by the OWNER neither replace, nor relieve the requirements for the Contractor to provide Construction Quality Control t measures as specified herein. C. The OWNER may, at its discretion, work with individuals, other Contractors, or groups to perform other Work on site. The Contracting Officer will coordinate all such work with the Contractor, a minimum of 48 hours before these efforts. ' D. Coordinate all Work in this Contract with work by the OWNER. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION rCITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01010 SUMMARY OF WORK SECTION 01300: SUBMITTALS PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittal procedures. B. Construction progress schedules. C. Proposed products list. D. Product data. E. Samples. F. Design data. G. Test reports. H. Certificates. I. Construction photographs. 1.2 RELATED SECTIONS A. General Conditions B. 01451 -Contractor Quality Control. C. 01700 - Contract Close Out. 1.3 SUBMITTAL DESCRIPTIONS A. SD -01 Preconstruction Submittals: 1. List of proposed products 2. Submittal register 3. Work plan 4. Quality control plan 5. Environmental protection plan 6. Other specific Submittals as required by other Specifications in this package B. SD -03 Product Data. 1. Catalog cuts, illustrations, schedules, diagrams, performance charts, instructions and brochures illustrating size, physical appearance and other characteristics of materials or equipment for some portion of the work.Samples of warranty language when the contract requires extended product warranties. n 1 2. Those Product Data submittals as required by other Specifications ' contained in this package including Section 02331 - Levee Construction. C. SD -04 Samples: 1. Physical examples of materials, equipment or workmanship that illustrate functional and aesthetic characteristics of a material or product and establish standards by which the work can be judged. 2. Color samples from the manufacturer's standard line (or custom color samples if specified) to be used in selecting or approving colors for the project. 3. Field samples and mock -ups constructed on the project site establish standards by which the ensuring work can be judged. Includes CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01300 SUBMITTALS 1 1 1 assemblies or portions of assemblies that are to be incorporated into the project and those which will be removed at conclusion of the work. D. SD -05 Test Reports: 1. - Report signed by authorized official of testing laboratory that a material, product or system identical to the material, product or system to be provided has been tested in accord with specified requirements. (Testing must have been within three years of date of contract award for the project.) 2. Report that includes findings of a test required to be performed by the Contractor on an actual portion of the work or prototype prepared for the project before shipment to job site. 3. Report that includes finding of a test made at the job site or on sample taken from the job site, on portion of work during or after installation. 4. Investigation reports. 5. Daily checklists. 6. Final acceptance test and operational test procedure. 1.4 SUBMITTAL PROCEDURES A. The submittal procedures will follow the requirements of Section 16 of the General Conditions. 1.5 PROPOSED PRODUCTS LIST A. Within 15 days after date of Notice to Proceed, submit list of major products proposed for use, with name of manufacturer, trade name, and model number of each product. B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards. 1.6 PRODUCT DATA A. Product Data For Review: 1. Submitted to Contracting Officer for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. 2. After review, provide copies and distribute in accordance with Section 16 — SUBMITTALS of the General Conditions above and for record documents purposes described in Section 01700 - CONTRACT CLOSEOUT. B. Product Data For Information: 1. Submitted for the Contracting Officer's knowledge. C. Product Data For Project Close -out: 1. Submitted for the Owner's benefit during and after project completion. D. Submit the number of copies that the Contractor requires, plus two copies that will be retained by the Contracting Officer. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01300• SUBMITTALS E. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. F. After review distribute in accordance with the Submittal Procedures article above and provide copies for record documents described in Section 01700 - CONTRACT CLOSEOUT. 1.7 SAMPLES A. Samples For Review: 1. Submitted to Contracting Officer for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. 2. After review, produce duplicates and distribute in accordance with SUBMITTAL PROCEDURES article above and for record documents purposes described in Section 01700 - CONTRACT CLOSEOUT. B. Samples For Information: 1. Submitted for the Contracting Officer's knowledge. C. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. D. Include identification on each sample, with full Project information E. Submit the number of samples specified in individual specification sections; one of which will be retained by Contracting Officer. F. Reviewed samples that may be used in the Work are indicated in individual specification sections. G. Samples will not be used for testing purposes unless specifically stated in the specification section. 1.8 TEST REPORTS A. Submit for the Contracting Officer's knowledge. B. Submit test reports for information for the limited purpose of assessing conformance with information given and the design concept expressed in the Contract documents. 1.1 CERTIFICATES A. When specified in individual specification sections, submit certification by the manufacturer, installation /application subcontractor, or the Contractor to Contracting Officer, in quantities specified for Product Data. C. Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS 1 1 1 1 SECTION 01300 SUBMITTALS I D. Certificates may be recent or previous test results on material or Product, but must be acceptable to Contracting Officer. 1.2 CONSTRUCTION PHOTOGRAPHS A. Submit photographs with each Application for Payment. B. Photographs: One print and one digital file. Format digital photographs as jpg. Provide photographs with sufficient resolution to adequately display the work. C. Take a minimum of 10 site photographs from differing directions indicating the relative progress of the Work, 5 days maximum prior to submitting. D. Identify photographs with date, time, orientation, and project identification. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS END OF SECTION SECTION 01300 SUBMITTALS SECTION 01320: MOBILIZATION PART GENERAL 1.1 SECTION INCLUDES A. Summary B. Related Sections C. Measurement and Payment 1.2 SUMMARY A. Mobilization consists of but not be limited to, the following items: the movement of the Contractor's personnel, equipment, supplies, and incidentals to the projects site; the establishment of his office, and other necessary work on the project; providing sanitary facilities for the Contractor's personnel; obtaining permits or licenses required to complete the project not furnished by the Owner; submittals required to the Owner (Dewatering, TESC, SWPPP, etc.);and preconstruction Work and operations performed by the Contractor. 1.3 RELATED SECTIONS A. 01300 - Submittals. B. 01355 - Environmental Protection C. 01356 - STORM WATER POLLUTION PREVENTION MEASURES and TEMPOARY EROSION AND SEDIMENT CONTROL Plan D. 02240 — Dewatering Plan 1.4 MEASUREMENT AND PAYMENT A. Mobilization (Bid Item 01)- Measurement refers to lump sum bid and shall include all necessary work listed in 1.2 SUMMARY of this Section, Section 01356 STORM WATER POLLUTION PREVENTION MEASURES and TEMPOARY EROSION AND SEDIMENT CONTROL, and Section 02240 DEWATERING. Payment is by lump sum bid for Mobilization. The basis of payment will be the actual quantity of Work performed and estimates per Article 14.02 of the Contract. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.1 Submittals A. Temporary Erosion and Sediment Control and Storm Water Pollution Prevention Measures Plan per SECTION 01356. B. Dewatering Plan per SECTION 02240. END OF SECTION CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01320 MOBILIZATION iJ J n i 7 1 SECTION 01355: ENVIRONMENTAL PROTECTION PART1 GENERAL CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01355 ENVIRONMENTAL PROTECTION 1.1 SECTION INCLUDES ' A. General Requirements. B. Subcontractors. C. Payment. D. Submittals. E. Protection Features. ' F. Special Environmental Requirements. G. Environmental Assessments of Contract Deviations. H. Notification. I. Environmental Permits and Commitments. J. Land Resources. K. Water Resources. ' L. M. Chemical Materials Management and Waste Disposal. Recycling and Waste Minimization. N. Non - Hazardous Solid Waste Diversion Report. O. Historical, Archaeological, and Cultural Resources. P. Biological Resources. Q. Previously Used Equipment. R. Maintenance of Pollution Facilities. S. Training of Contractor Personnel. T. Post Construction Cleanup. 1.2 RELATED SECTIONS A. 01300 - Submittals. B. 01356 - Storm Water Pollution Prevention Measures. 1.3 REFERENCES A. The publications listed below form a part of this specification to the extent ' referenced. The publications are referred to within the text by the basic designation only. 1. 33 CFR 328. Definitions of Waters of the United States 2. 40 CFR 261: Identification and Listing of Hazardous Waste 3. 40 CFR 262: Standards Applicable to Generators of Hazardous Waste 4. 40 CFR 279: Standards for the Management of Used Oil 5. 40 CFR 302: Designation, Reportable Quantities, and Notification 6. 40 CFR 355: Emergency Planning and Notification 7. 40 CFR 68: Chemical Accident Prevention Provisions 8. 49 CFR 171 - 178: Hazardous Materials Regulations 9. Wetland Manual: Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y -87 -1, US Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01355 ENVIRONMENTAL PROTECTION I 1.4 DEFINITIONS A. Environmental Pollution and Damage: Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents that adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to humankind; or degrade the environment aesthetically, culturally and /or historically. B. Environmental Protection: Environmental protection is the prevention /control of pollution and habitat disruption that may occur to the environment during construction. The control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and t includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy and radioactive material as well as other pollutants. C. Contractor Generated Hazardous Waste: Contractor generated hazardous waste means materials that, if abandoned or disposed of, may meet the definition of a hazardous waste. These waste streams would typically consist of material ' brought on site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to, excess paint thinners (i.e. methyl ethyl ketone, toluene, etc.), waste thinners, 1 excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water. D. Land Application for Discharge Water: The term "Land Application" for discharge water implies that the Contractor shall discharge water at a rate that allows the water to percolate into the soil. No sheeting action, soil erosion, discharge into storm sewers, discharge into defined drainage areas, or discharge into the "waters of the United States" shall occur. Land Application shall be in compliance with all applicable Federal, State, and local laws and regulations. E. Pesticide: Pesticide is defined as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant or desiccant. "pests" , F. Pests: The term means arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds and other organisms (except for human or animal disease - causing organisms) that adversely affect readiness, or the well -being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable. G. Surface Discharge: The term "Surface Discharge" implies that the water is discharged with possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers, creeks, and /or "waters of the United States" and would require a permit to discharge water from the governing agency. ' CITY OF YAKIMA REGIONAL WWTP r BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01355 ENVIRONMENTAL PROTECTION t ' H. Waters of the United States: All waters that are under the jurisdiction of the Clean Water Act, as defined in 33 CFR 328. I. Wetlands: Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, and bogs. Official determination of whether or not an area is classified as a wetland must be done in accordance with "Wetland Manual" cited in Part 1.3 - REFERENCES of this section. r1.5 GENERAL REQUIREMENTS A. The Contractor shall minimize environmental pollution and damage that may occur as the result of construction operations. The environmental resources within the project boundaries and those affected outside the limits of permanent work shall be protected during the entire duration of this contract. The Contractor ' shall comply with all applicable environmental Federal, State, and local laws and regulations. The Contractor shall be responsible for any delays resulting from failure to comply with environmental laws and regulations. 1.6 SUBCONTRACTORS A. The Contractor shall ensure compliance with this section by subcontractors. 1.7 PAYMENT A. No separate payment will be made for work covered under this section. The Contractor shall be responsible for payment of fees associated with environmental permits, application, and /or notices obtained by the Contractor. All costs associated with this section shall be included in the contract price. The Contractor shall be responsible for payment of all fines /fees for violation or non- , compliance with Federal, State, Regional and local laws and regulations. 1.8 SUBMITTALS A. OWNER approval is required for submittals with a "G" designation; submittals not having a "G" designation are for Contractor Quality Control approval. The following shall be submitted in accordance with Section 01300 SUBMITTALS: 1. SD -01 Preconstruction Submittals 2. Environmental Protection Plan; G 1.9 PROTECTION FEATURES A. Prior to start of any onsite construction activities, the Contractor and the Contracting Officer shall make a joint condition survey. Immediately following the survey, the Contractor shall prepare a brief report including a plan describing the features requiring protection, which are not specifically identified on the drawings as environmental features requiring protection along with the condition of trees, shrubs and grassed areas immediately adjacent to the site of work and adjacent to the Contractor's assigned storage area and access route(s), as applicable. This survey report shall be signed by both the Contractor and the Contracting Officer upon mutual agreement as to its accuracy and completeness. The CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS Ll SECTION 01355• ENVIRONMENTAL PROTECTION Contractor shall protect those environmental features included in the survey report and any indicated on the drawings, regardless of interference that their preservation may cause to the Contractor's work under the contract. 1.10 SPECIAL ENVIRONMENTAL REQUIREMENTS A. The Contractor shall comply with the special environmental requirements associated with Permits obtained by the OWNER here listed here and included at the end of this section. This requirement does not release Contractor from other Special Environmental Requirements that may be applicable to this project that are not listed in this Section. 1. Nationwide Permit (NWP) 27, issued by the Corps of Engineers. 2. Hydraulic Project Approval, issued by Washington Department of Fish and Wildlife. 3. Grading Permit, issued by City of Yakima. 4. Construction Stormwater General Permit, issued by Washington Department of Ecology. 1.11 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS A. Any deviations, requested by the Contractor, from the drawings, plans and specifications which may have an environmental impact will be subject to approval by the Contracting Officer and may require an extended review, processing, and approval time. The Contracting Officer reserves the right to disapprove alternate methods, even if they are more cost effective, if the Contracting Officer determines that the proposed alternate method will have an adverse environmental impact. 1.12 NOTIFICATION A. The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's Environmental Protection plan. The Contractor shall, after receipt of such notice, inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions shall be granted or equitable adjustments allowed to the Contractor for any such suspensions. This is in addition to any other actions the Contracting Officer may take under the contract, or in accordance with the Federal Acquisition Regulation or Federal Law. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.1 ENVIRONMENTAL PERMITS A. The Contractor shall develop and obtain a Construction Stormwater General Permit to the Washington Department of Ecology. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01355 ENVIRONMENTAL PROTECTION H r 1 s B. The Contractor shall develop and obtain a Construction and Grading Permit from the County of Yakima. C. The Contractor shall comply with the terms and conditions of the attached permits at the end of this section. D. The Contractor shall be responsible for obtaining and complying with all additional environmental permits and commitments required by Federal, State, Regional, and local environmental laws and regulations. 3.2 LAND RESOURCES A. The Contractor shall confine all activities to areas defined by the drawings and specifications. Prior to the beginning of any construction, the Contractor shall identify any land resources to be preserved .within the work area. Except in areas indicated on the drawings or specified to be cleared, the Contractor shall ' not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without approval. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. The Contractor shall provide effective protection for land and vegetation resources at all times as defined in the following subparagraphs. Stone, soil, or other materials displaced into uncleared areas shall be removed by the Contractor. B. Work Area Limits: Prior to commencing construction activities, the Contractor shall mark the areas that need not be disturbed under this contract. Isolated areas within the general work area that are not to be disturbed shall be marked or fenced. Monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, any markers shall be visible in the dark. The Contractor's personnel shall be knowledgeable of the purpose for marking and /or protecting particular objects. C. Landscape: Trees, shrubs, vines, grasses, land forms and other landscape features indicated and defined on the drawings to be preserved shall be clearly identified by marking, fencing, or wrapping with boards, or any other approved techniques. The Contractor shall restore landscape features damaged or destroyed during construction operations outside the limits of the approved work area. D. Erosion and Sediment Controls: The Contractor shall be responsible for providing erosion and sediment control measures in accordance with Federal, State, and local laws and regulations. The erosion and sediment controls selected and maintained by the Contractor shall be such that water quality standards are not violated as a result of the Contractor's construction activities. The area of bare soil exposed at any one time by construction operations should be kept to a minimum. The Contractor shall construct or install temporary and permanent erosion and sediment control best management practices (BMPs) as specified in Section 01356 STORM WATER POLLUTION PREVENTION MEASURES AND SOIL EROSION CONTROL. BMPs may include, but not be limited to, vegetation cover, stream bank stabilization, slope stabilization, silt fences, construction of CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01355: ENVIRONMENTAL PROTECTION E`1� terraces, interceptor channels, sediment traps, inlet and outfall protection, diversion channels, and sedimentation basins. The Contractor's best management practices shall also be in accordance with the National Pollutant Discharge Elimination System (NPDES) Storm Water Pollution Prevention Plan (SWPPP). Any temporary measures shall be removed after the area has been stabilized. E. Contractor Facilities and Work Areas: The Contractor's field offices, staging areas, .stockpile storage, and temporary buildings shall be placed in areas designated on the drawings or as directed by the Contracting Officer. Temporary movement or relocation of Contractor facilities shall be made only when approved. Erosion and sediment controls shall be provided for on -site borrow and spoil areas to prevent sediment from entering nearby waters. Temporary excavation and embankments for plant and /or work areas shall be controlled to protect adjacent areas. 3.3 WATER RESOURCES A. The Contractor shall monitor construction activities to prevent pollution of surface and ground waters. Toxic or hazardous chemicals shall not be applied to soil or vegetation unless otherwise indicated. All water areas affected by construction activities shall be monitored by the Contractor. For construction activities immediately adjacent to impaired surface waters, the Contractor shall be capable of quantifying sediment or pollutant loading to that surface water when required by State or Federally issued Clean Water Act permits. B. Cofferdams, Diversions, and Dewatering Operations: Construction operations for dewatering shall be controlled at all times to maintain compliance with existing State water quality standards and designated uses of the surface water body. The Contractor shall comply with the State of Washington water quality standards and anti - degradation provisions and the Clean Water Act Section 404, Nationwide Permit #27. S, C. Wetlands: The Contractor shall not enter, disturb, destroy, or allow discharge of contaminants into any wetlands except as authorized herein. The Contractor shall be responsible for the protection of wetlands shown on the drawings in accordance with paragraph ENVIRONMENTAL PERMITS. Authorization to enter specific wetlands identified shall not relieve the Contractor from any obligation to protect other wetlands within, adjacent to, or in the vicinity of the construction site and associated boundaries. 3.4 AIR RESOURCES A. Equipment operation, activities, or processes performed by the Contractor shall be in accordance with all Federal, State and local air emission and performance laws and standards. B. Particulates: Dust particles; aerosols and gaseous by- products from construction ' activities shall be controlled at all times, including weekends, holidays and hours when work is not in progress. The Contractor shall maintain excavations, CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01355 ENVIRONMENTAL PROTECTION J �I CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS n SECTION 01355 ENVIRONMENTAL PROTECTION stockpiles, haul roads, permanent and temporary access roads, plant sites, spoil areas, borrow areas, and other work areas within or outside the project boundaries free from particulates which would cause the Federal, State, and local air pollution standards to be exceeded or which would cause a hazard or a nuisance. Sprinkling. Sprinkling, to be efficient, must be repeated to keep the ' disturbed area damp at all times. The Contractor must have sufficient, competent equipment available to accomplish these tasks. Particulate control shall be performed as the work proceeds and whenever a particulate nuisance or hazard occurs. The Contractor shall comply with all State and local visibility regulations. C. Odors: Odors from construction activities shall be controlled at all times. The odors shall not cause a health hazard and shall be in compliance with State regulations and /or local ordinances. D. Sound Intrusions: The Contractor shall keep construction activities under surveillance and control to minimize environment damage by noise. The Contractor shall comply with the provisions of the State of Washington rules. E. Burning: Burning will not be allowed on the project site. A 3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL A. Disposal of wastes shall be as directed below, unless otherwise specified in other sections and /or shown on the drawings: 1. Solid Wastes: Solid wastes (excluding clearing debris) shall be placed in containers that are emptied on a regular schedule. Handling, storage, and disposal shall be conducted to prevent contamination. Segregation measures shall be employed so that no hazardous or toxic waste will become co- mingled with solid waste. The Contractor shall comply with Federal, State, and local laws and regulations pertaining to the use of landfill areas. 2. Chemicals and Chemical Wastes: Chemicals shall be dispensed ensuring no spillage to the ground or water. Periodic inspections of dispensing areas to identify leakage and initiate corrective action shall be performed and documented by Contractor. This documentation will be periodically reviewed by the OWNER. Chemical waste shall be collected in corrosion resistant, compatible containers. Collection drums shall be monitored and removed to a staging or storage area when contents are within 6 inches of the top. Wastes shall be classified, managed, stored, and disposed of in accordance with Federal, State, and local laws and regulations. 3. Contractor Generated Hazardous Wastes /Excess Hazardous Materials: Hazardous wastes are defined in 40 CFR 261, or are as defined by applicable State and local regulations. Hazardous materials are defined in 49 CFR 171 - 178. The Contractor shall, at a minimum, manage and �I CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS n SECTION 01355 ENVIRONMENTAL PROTECTION store hazardous waste in compliance with 40 CFR 262. The Contractor shall take sufficient measures to prevent spillage of hazardous and toxic materials during dispensing. The Contractor shall segregate hazardous waste from other materials and wastes, shall protect it from the weather by placing it in a safe covered location, and shall take precautionary measures such as berming or other appropriate measures against accidental spillage. The Contractor shall be responsible for storage, describing, packaging, labeling, marking, and placarding of hazardous waste and hazardous material in accordance with 49 CFR 171 - 178, State, and local laws and regulations. The Contractor shall transport Contractor generated hazardous waste off project property within 60 days in accordance with the Environmental Protection Agency and the Department of Transportation laws and regulations. The Contractor shall dispose of hazardous waste in compliance with Federal, State and local laws and regulations. Spills of hazardous or toxic materials shall be immediately reported to the Contracting Officer. Cleanup and cleanup costs due to spills shall be the Contractor's responsibility. The disposition of Contractor generated hazardous waste and excess hazardous materials are the Contractor's responsibility. 4. Fuel and Lubricants: Storage, fueling and lubrication of equipment and motor vehicles shall be conducted in a manner that affords the maximum protection against spill and evaporation. Fuel, lubricants and oil shall be managed and stored in accordance with all Federal, State, Regional, and local laws and regulations. Used lubricants and used oil to be discarded shall be stored in marked corrosion - resistant containers and recycled or disposed in accordance with 40 CFR 279, State, and local laws and regulations. Storage of fuel on the project site shall be accordance with all Federal, State, and local laws and regulations. 5. Waste Water: Disposal of wastewater shall be as specified below. a. Waste water from construction activities, such as onsite material processing, concrete curing, foundation and concrete clean -up, water used in concrete trucks, forms, etc. shall not be allowed to enter water ways or to be discharged prior to being treated to remove pollutants. b. For discharge of ground water, the Contractor shall surface discharge in accordance with all Federal, State, and local laws and regulations. 3.6 RECYCLING AND WASTE MINIMIZATION A. The Contractor shall participate in State and local government sponsored recycling programs. 3.7 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES A. If during excavation or other construction activities any previously unidentified or unanticipated historical, archaeological, and cultural resources are discovered or CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01355 ENVIRONMENTAL PROTECTION 1 1 -J 1 k 11, 11 U 1 J f'. 1 n [7 1 f t LJ 1 found, all activities that may damage or alter such resources shall be temporarily suspended. Resources covered by this paragraph include but are not limited to: any human skeletal remains or burials; artifacts; shell, midden, bone, charcoal, or other deposits; rock or coral alignments, pavings, wall, or other constructed features; and any indication of agricultural or other human activities. Upon such discovery or find, the Contractor shall immediately notify the Contracting Officer so that the appropriate authorities may be notified and a determination made as to their significance and what, if any, special disposition of the finds should be made. The Contractor shall cease all activities that may result in impact to or the destruction of these resources. The Contractor shall secure the area and prevent employees or other persons from trespassing on, removing, or otherwise disturbing such resources. 3.8 BIOLOGICAL RESOURCES A. The. Contractor shall minimize interference with, disturbance to, and damage to fish, wildlife, and plants including their habitat. The Contractor shall be responsible for the protection of threatened and endangered animal and plant species including their habitat in accordance with Federal, State, Regional, and local laws and regulations. 3.9 PREVIOUSLY USED EQUIPMENT A. The Contractor shall clean all previously used construction equipment prior to bringing it onto the project site. The Contractor shall ensure that the equipment is free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds. The Contractor shall consult with the USDA jurisdictional office for additional cleaning requirements. 3.10 MAINTENANCE OF POLLUTION FACILITIES A. The Contractor shall maintain permanent and temporary pollution control facilities and devices for the duration of the contract or for that length of time construction activities create the particular pollutant. 3.11 TRAINING OF CONTRACTOR PERSONNEL A. The Contractor's personnel shall be trained in all phases of environmental protection and pollution control. The Contractor shall conduct environmental protection /pollution control meetings for all Contractor personnel prior to commencing construction activities. Additional meetings shall be conducted for new personnel and when site conditions change. The training and meeting agenda shall include: methods of detecting and avoiding pollution; familiarization with statutory and contractual pollution standards; installation and care of devices, vegetative covers, and instruments required for monitoring purposes to ensure adequate and continuous environmental protection /pollution control; anticipated hazardous or toxic chemicals or wastes, and other regulated contaminants; recognition and protection of archaeological sites, artifacts, wetlands, and endangered species and their habitat that are known to be in the area. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01355 ENVIRONMENTAL PROTECTION 3.12 POST CONSTRUCTION CLEANUP A. The Contractor shall clean up all areas used for construction in accordance with Contract Clause: "Cleaning Up ". The Contractor shall, unless otherwise instructed in writing by the Contracting Officer, obliterate all signs of temporary construction facilities such as haul roads, work area, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work. The disturbed area shall be graded, filled and the entire area seeded unless otherwise indicated. END OF SECTION CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01355• ENVIRONMENTAL PROTECTION 1 1 11 11 r t 11 SECTION 01356: STORM WATER POLLUTION PREVENTION MEASURES and TEMPOARY EROSION AND SEDIMENT CONTROL PART 1. GENERAL 1.1 SECTION INCLUDES A. General. B. Submittals. C. Erosion and Sediment Controls. D. Components for Silt Fences. E. Components for Straw Bales. F. Installation of Silt Fences. G. Installation of Straw Bales. H. Maintenance. I. Inspections. 1.2 RELATED SECTIONS A. 01355- Environmental Protection. B. 02900 - Landscaping. 1.3 REFERENCES A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. 1. ASTM D 4439: (2004) Geosynthetics 2. ASTM D 4491: (1999a) Water Permeability of Geotextiles by Permittivity 3. ASTM D 4533: (1991; R 1996) Trapezoid Tearing Strength of Geotextiles 4. ASTM D 4632: (1991; R 2003) Grab Breaking Load and Elongation of Geotextiles 5. ASTM D 4751: (1999a) Determining Apparent Opening Size of a Geotextile 6. ASTM D 4873: (2002) Identification, Storage, and Handling of Geosynthetic Rolls and Samples 7. Washington State Department of Ecology Stormwater Pollution Prevention Plan template: (http: / /www.ecy. wa.gov/programs /wq/stormwater /construction /SWPPPTe mplate082907. docm). 1.4 GENERAL A. The Contractor shall implement the storm water pollution prevention measures specified in this section in a manner that will meet the requirements of Section 01355 ENVIRONMENTAL PROTECTION, Construction StormwaterGeneral Permit, and requirements of the any permits attached to that Section. 1.5 SUBMITTALS A. The Contractor shall submit to the Owner CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01356 STORM WATER POLLUTION PREVENTION MEASURES AND SOIL EROSION CONTROL 1. A Copy of Construction Stormwater General Permit developed and submitted by the Contractor to WA Department of Ecology. 2. A Copy of Construction Grading Permit from Yakima County. 3. Stormwater Pollution Prevention Plan ( SWPPP): Contractor shall develop and provide to the owner a SWPPP indicating the TESC BMP elements that will be used;identify team members, roles and responsibilities; report and recording; and all requirements of the Construction Stormwater General Permit. 4. Mill Certificate or Affidavit: A mill certificate or affidavit shall be provided attesting that geotextile fabric and factory seams meet chemical, physical, and manufacturing requirements specified below. The mill certificate or affidavit shall specify the actual Minimum Average Roll Values and shall identify the fabric supplied by roll identification numbers. The Contractor shall submit a mill certificate or affidavit signed by a legally authorized official from the company manufacturing the filter fabric. 1.6 EROSION AND SEDIMENT CONTROLS A. The minimum controls and measures required by the Contractor are described below: Stabilization Practices: The stabilization practices to be implemented shall include temporary seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, erosion control mats, protection of trees, preservation of mature vegetation, etc. On his or her daily CQC Report, the Contractor shall record the dates when the major grading activities occur, (e.g., clearing and grubbing, excavation, embankment, and grading); when construction activities temporarily or permanently cease on a portion of the site; and when stabilization practices are initiated. Except as provided in paragraphs UNSUITABLE CONDITIONS and NO ACTIVITY FOR LESS THAN 21 DAYS, stabilization practices shall be initiated as soon as practicable, but no more than 14 days, in any portion of the site where construction activities have temporarily or permanently ceased. a. Unsuitable Conditions: Where the initiation of stabilization measures by the fourteenth day after construction activity permanently ceases is precluded by unsuitable conditions caused by the weather, stabilization practices shall be initiated as soon as practicable after conditions become suitable. b. No Activity for Less Than 21 Days: Where construction activity Will resume on a portion of the site within 21 days from when activities ceased (e.g., the total time period that construction activity is temporarily ceased is less than 21 days), then stabilization practices do not have to be initiated on that portion of the site by the fourteenth day after construction activity temporarily ceased. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS t 1 1 f F 'I SECTION 01356 STORM WATER POLLUTION PREVENTION MEASURES AND SOIL EROSION CONTROL [I 2. Structural Practices: Structural practices shall be implemented to divert flows from exposed soils, temporarily store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site. Structural practices shall be implemented in a timely manner during the construction process to minimize erosion and sediment runoff. Structural practices shall include the following devices. 3. Silt Fences: The Contractor shall provide silt fences as a temporary structural practice to minimize erosion and sediment runoff. Silt fences shall be properly installed to effectively retain sediment immediately after completing each phase of work where erosion would occur in the form of sheet and rill erosion (e.g. clearing and grubbing, excavation, embankment, and grading). Silt fences shall be installed in the locations ' indicated on the drawings. Final removal of silt fence barriers shall be upon approval by the Contracting Officer. 4. Straw Bales: The Contractor shall provide bales of straw as a temporary structural practice to minimize erosion and sediment runoff. Bales shall be properly placed to effectively retain sediment immediately after completing each phase of work (e.g., clearing and grubbing, excavation, embankment, and grading) in each independent runoff area (e.g., after clearing and grubbing in an area between a ridge and drain, bales shall be placed as work progresses, bales shall be removed / replaced / 1 relocated as needed for work to progress in the drainage area). Areas where straw bales are to be used are shown on the drawings. Final removal of straw bale barriers shall be upon approval by the Contracting Officer. Rows of bales of straw shall be provided as follows: a. Along the downhill perimeter edge of all areas disturbed. b. Along the top of the slope or top bank of drainage ditches, channels, swales, etc. that traverse disturbed areas. C. Along the toe of all cut slopes and fill slopes of the construction areas. d. Perpendicular to the flow in the bottom of existing drainage ditches, channels, swales, etc. that traverse disturbed areas or carry runoff from disturbed areas. Rows shall be spaced a maximum of 50 feet apart. e. Perpendicular to the flow in the bottom of new drainage ditches, channels, and swales. Rows shall be spaced a maximum of 50 feet apart. f. At the entrance to culverts that receive runoff from disturbed areas. 5. Diversion Dikes: Diversion dikes shall have a maximum channel slope of 2 percent and shall be adequately compacted to prevent failure. The minimum height measured from the top of the dike to the bottom of the channel shall be 18 inches. The minimum base width shall be 6 feet and the minimum top width shall be 2 feet. The Contractor shall ensure that tCITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SECTION 01356' STORM WATER POLLUTION PREVENTION TECHNICAL SPECIFICATIONS MEASURES AND SOIL EROSION CONTROL the diversion dikes are not damaged by construction operations or traffic. Diversion dikes shall be located as shown on the drawings. 1.7 MEASUREMENT AND PAYMENT A. STORM WATER POLLUTION PREVENTION MEASURES: Measurement refers to lump sum bid, including delivery and haul of all necessary materials and equipment, tools, materials, BMPS, and includes all incidental work necessary to satisfactorily complete, operate and maintain the TESCplan notes and to conform to the permit conditions in the HPA and General Construction Stormwater Permit. Payment shall be included in the lump sum bid for Mobilization (SECTION 01320) (Bid Item 01). B. TEMPOARY EROSION AND SEDIMENT CONTROL: Measurement refers to lump sum bid, including delivery and haul of all necessary materials and equipment, tools, materials, and includes all incidental work necessary to satisfactorily complete, operate and maintain the SPCC in accordance with the General Construction Stormwater Permit. Payment shall be included in the lump sum bid for Mobilization (SECTION 01320) (Bid Item 01). PART PRODUCTS 2.1 COMPONENTS FOR SILT FENCES A. Filter Fabric: The geotextile shall comply with the requirements of ASTM D 4439, and shall consist of polymeric filaments that are formed into a stable network such that filaments retain their relative positions. The filament shall consist of a long -chain synthetic polymer composed of at least 85 percent by weight of ester, propylene, or amide, and shall contain stabilizers and /or inhibitors added to the base plastic to make the filaments resistance to deterioration due to ultraviolet and heat exposure. Synthetic filter fabric shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of six months of expected usable construction life at a temperature range of 0 to 120 degrees F. The filter fabric shall meet the following requirements: 2.2 FILTER FABRIC FOR SILT SCREEN FENCE A. Physical property test procedure strength requirement: 1. Grab Tensile ASTM D 4632 600 lbs. min. 2. Burst Strength greater than 12,000 lbs. 3. Elongation ( %) 30 % max. 4. Trapezoid Tear ASTM D 4533 55 lbs. min. 5. Permittivity ASTM D 4491 0.2 sec -1 6. AOS (U.S. Std Sieve) ASTM D 4751 20 -100 B. Silt Fence Stakes and Posts: The Contractor may use either wooden stakes or steel posts for fence construction. Wooden stakes utilized for silt fence construction, shall have a minimum cross section of 2 inches by 2 inches when oak is used and 4 inches by 4 inches when pine is used, and shall have a minimum length of 5 feet. Steel posts (standard "U" or "T" section) utilized for silt fence construction, shall have a minimum weight of 1.33 pounds per linear foot and a minimum length of 5 feet. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SECTION 01356 STORM WATER POLLUTION PREVENTION TECHNICAL SPECIFICATIONS MEASURES AND SOIL EROSION CONTROL C. Identification Storage and Handling: Filter fabric shall be identified, stored and handled in accordance with ASTM D 4873. 2.3 COMPONENTS FOR STRAW BALES A. The straw in the bales shall be stalks from oats, wheat, rye, barley, rice, or from grasses such as Byhalia, Bermuda, etc., furnished in air -dry condition. The bales shall have a standard cross section of 14 inches by 18 inches. All bales shall be either wire -bound or string -tied. The Contractor may use either wooden stakes or steel posts to secure the straw bales to the ground. Wooden stakes utilized for this purpose, shall have minimum dimensions of 2 inches x 2 inches in cross section and shall have a minimum length of 3 feet. Steel posts (standard "U" or "T" section) utilized for securing straw bales, shall have a minimum weight of 1.33 pounds per linear foot and a minimum length of 3 feet. PART 3. EXECUTION 3.1 INSTALLATION OF SILT FENCES A. Silt fences shall extend a minimum of 16 inches above the ground surface and shall not exceed 34 inches above the ground surface. Filter fabric shall be from a continuous roll cut to the length of the barrier to avoid the use of joints. When joints are unavoidable, filter fabric shall be spliced together at a support post, with a minimum 6 -inch overlap, and securely sealed. A trench shall be excavated approximately 4 inches wide and 4 inches deep on the upslope side of the location of the silt fence. The 4 -inch by 4 -inch trench shall be backfilled and the soil compacted over the filter fabric. Silt fences shall be removed upon approval by the Owner Representative. 3.2 INSTALLATION OF STRAW BALES A. Straw bales shall be placed in a single row, lengthwise on the contour, with ends of adjacent bales tightly abutting one another. Straw bales shall be installed so that bindings are oriented around the sides rather than along the tops and r bottoms of the bales in order to prevent deterioration of the bindings. The barrier shall be entrenched and backfilled. A trench shall be excavated the width of a bale and the length of the proposed barrier to a minimum depth of 4 inches. t' After the bales are staked and chinked (gaps filled by wedging with straw), the excavated soil shall be backfilled against the barrier. Backfill soil shall conform to the ground level on the downhill side and shall be built up to 4 inches against the uphill side of the barrier. Loose straw shall be scattered over the area immediately uphill from a straw bale barrier to increase barrier efficiency. Each bale shall be securely anchored by at least two stakes driven through the bale. The first stake or steel post in each bale shall be driven toward the previously laid bale to force the bales together. Stakes or steel pickets shall be driven a minimum 18 inches deep into the ground to securely anchor the bales. 3.3 MAINTENANCE A. The Contractor shall maintain the temporary and permanent vegetation, erosion and sediment control measures, and other protective measures in good and effective operating condition by performing routine inspections to determine condition and effectiveness, by restoration of destroyed vegetative cover, and by �1 CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SECTION 01356' STORM WATER POLLUTION PREVENTION TECHNICAL SPECIFICATIONS MEASURES AND SOIL EROSION CONTROL repair of erosion and sediment control measures and other protective measures The following procedures shall be followed to maintain the protective measures. B. Silt Fence Maintenance: Silt fences shall be inspected in accordance with paragraph INSPECTIONS. Any required repairs shall be made promptly. Close attention shall be paid to the repair of damaged silt fence resulting from end runs and undercutting. Should the fabric on a silt fence decompose or become ineffective, and the barrier is still necessary, the fabric shall be replaced promptly. Sediment deposits shall be removed when deposits reach one -third of the height of the barrier. When a silt fence is no longer required, it shall be removed. The immediate area occupied by the fence and any sediment deposits shall be shaped to an acceptable grade. The areas disturbed by this shaping shall be stabilized with appropriate erosion control measures including but not limited to seeding in accordance with 02900 LANDSCAPING. C. Straw Bale Maintenance: Straw bale barriers shall be inspected in accordance with paragraph INSPECTIONS. Close attention shall be paid to the repair of damaged bales, end runs and undercutting beneath bales. Necessary repairs to barriers or replacement of bales shall be accomplished promptly. Sediment deposits shall be removed when deposits reach one -half of the height of the barrier. Bale rows used to retain sediment shall be turned uphill at each end of each row. When a straw bale barrier is no longer required, it shall be removed. The immediate area occupied by the bales and any sediment deposits shall be shaped to an acceptable grade. The areas disturbed by this shaping shall be stabilized with appropriate erosion control measures including but not limited to seeding in accordance with Section 02900 LANDSCAPING. D. Diversion Dike Maintenance: Diversion dikes shall be inspected in accordance with paragraph INSPECTIONS. Close attention shall be paid to the repair of damaged diversion dikes and necessary repairs shall be accomplished promptly When diversion dikes are no longer required, they shall be shaped to an acceptable grade. The areas disturbed by this shaping shall be stabilized with appropriate erosion control measures including but not limited to seeding in accordance with Section 02900 LANDSCAPING. 3.4 INSPECTIONS A. General. The Contractor shall inspect disturbed areas of the construction site, areas used for storage of materials that are exposed to precipitation that have not been finally stabilized, stabilization practices, structural practices, other controls, and area where vehicles exit the site at least once every seven (7) calendar days and within 24 hours of the end of any storm that produces 0.5 inches or more rainfall at the site. Where sites have been finally stabilized, such inspection shall be conducted at least once every month. B. Inspections Details: Disturbed areas and areas used for material storage that are exposed to precipitation shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Erosion and sediment control measures identified in the Storm Water Pollution Prevention Plan shall be CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SECTION 01356 STORM WATER POLLUTION PREVENTION TECHNICAL SPECIFICATIONS MEASURES AND SOIL EROSION CONTROL ri I] 1 1 1 1 observed to ensure that they are operating correctly. Discharge locations or points shall be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to receiving waters. Locations where vehicles exit the site shall be inspected for evidence of offsite sediment tracking. C. Inspection Reports: For each inspection conducted the Contractor shall prepare a brief report summarizing the scope of the inspection, name(s) and qualifications of personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the Storm Water Pollution Prevention Plan, maintenance performed, and actions taken. The report shall be furnished to the Contracting Officer within 24 hours of the inspection as a part of the Contractor's daily REPORT. A copy of the inspection report shall be maintained on the job site. END OF SECTION CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SECTION 01356 STORM WATER POLLUTION PREVENTION TECHNICAL SPECIFICATIONS MEASURES AND SOIL EROSION CONTROL SECTION 01450: CONSTRUCTION SURVEY PART 1. GENERAL 1.1 SECTION INCLUDES - - A. Pre - construction topographic site control. B. Construction staking. 1.2 REFERENCE STANDARDS A. Revised Code of Washington Chapter 58.09 RCW: Survey Recording Act [1973 c50 §1]. B. Revised Code of Washington Chapter 58.20.120 RCW: Washington Coordinate System [1989 c54 §9]. C. Datum: Vertical: North American Vertical Datum 1988; horizontal: Washington State Plane Coordinate System North American Datum of 1983, South Zone. 1.3 RELATED SECTIONS A. General Conditions. B. Section 01300 - Submittals. C. Section 02200 - Earthwork. 1.4 QUALIFICATIONS A. 'All surveys must be performed by or under the direct supervision of a Professional Land Surveyor, currently registered by Washington State Department of Licensing, Board of Registration for Professional Engineers and Land Surveyors. B. All surveys must be performed within the National Map Accuracy Standards of accuracy when related to the control survey data upon which it is based. 1.5 MEASUREMENT AND PAYMENT A. Construction Survey- Construction Survey is considered incidental and included in other work; no separate payment will be made. Work includes all survey activities for the City of Yakima Billy's Pond Restoration Project, including but not limited to, provision of suitable equipment, materials and personnel to provide establishment of permanent horizontal and vertical control for the site from an established benchmark, cross section staking and layout of primary project elements. PART 2. PRODUCTS 2.1 MATERIALS A. Use materials and equipment suitable for satisfactory completion of the Work. PART 3. EXECUTION 3.1 PREPARATION A. Control Points. Locate survey control points (CPS) indicated in Drawings. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01450: CONSTRUCTION SURVEY 1 1 1 1 rCITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS 1 SECTION 01450• CONSTRUCTION SURVEY ' B. Horizontal Datum: Establish tie between coordinates assumed for the site and the Washington State Plane coordinates (North Zone) with the North American Datum (NAD) of 1983. C. Vertical Datum: NAVD88 is used as the vertical datum. D. Notify Owner's Representative if the control points indicated in plans are not found in the field. 3.2 CONSTRUCTION STAKING A. From established survey controls as shown on the Drawings, provide construction staking of corners, centerlines, limits of removal and other ' critical points as necessary to commence with Work within this Contract., B. Contractor is responsible for maintaining construction staking throughout project duration. Re- establishment of disturbed stakes, or re- survey of site control due to disturbed site survey stakes, are both incidental to construction staking. END OF SECTION 1 1 1 1 rCITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS 1 SECTION 01450• CONSTRUCTION SURVEY SECTION 01500: CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1. GENERAL 1.1 SECTION INCLUDES A. Submittals. B. Worker Health and Safety. C. Site Safety. D. Temporary Utilities. Electricity, water, telephone service, and sanitary facilities E. Temporary Controls: Barriers, enclosures and fencing, water control, dust control, and housekeeping. F. Construction Facilities: Temporary stabilized construction entrance, parking, progress cleaning and waste removal, project signage. G. Measurement and Payment. 1.2 RELATED SECTIONS A. General Conditions B. Section 01300 - Submittals. C. Section 01700 - Contract Closeout. D. Section 01356 - Stormwater Pollution Prevention Measures and Temporary Erosion and Sediment Control 1.3 REFERENCES AND STANDARDS A. American National Standards Institute: "Manual on Uniform Traffic Control Devices for Streets and Highways" (ANSI D6.1). B. "Safety and Health Regulations for Construction" promulgated by Secretary of Labor under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et Seq.) as currently amended. C. Washington State Department of Transportation. Manual of Uniform Traffic Control Devices Guidance (WSDOT, MUTCDG). 1.4 SUBMITTALS A. Contractor is to provide Owner's Representative with two (2) copies of the site specific Health and Safety Plan (HASP) a minimum of 7 calendar days prior to the pre- construction conference. B. The HASP will provide the information specified in Section 10 — Safety Requirements of the General Conditions, including the Accident Prevention Plan (APP) and Material Safety Data Sheets. C. One copy of this plan is to be available on site at all times. 1.5 WORKER HEALTH AND SAFETY A. Work on this project may require operations in and around standing water. Other hazards include, but are not limited to, slip, trip, fall, debris, heavy equipment operation, and traffic hazards. B. Contractor is to provide and maintain personal protection equipment for employee use during operations on site. C. Keep additional personal protection equipment on hand for use by visitors to the site. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SECTION 01500 CONSTRUCTION FACILITIES TECHNICAL SPECIFICATIONS AND TEMPORARY CONTROLS !7 1 .1 Ll 7 Pi 1 1 D. Contractor is to provide documentation that employees working on site have read the site - specific HASP. E. Contractor is responsible for ensuring that employees are in compliance with practices outlined in the HASP when working on the site. F. Provide Owner's Representative with two copies of any subsequent changes to the HASP. B. Water Control: t 1. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment or other dewatering equipment as necessary to allow work. 2. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SECTION 01500 CONSTRUCTION FACILITIES TECHNICAL SPECIFICATIONS AND TEMPORARY CONTROLS 1.6 SITE SAFETY A. Maintain through - traffic on the wastewater treatment facility. Provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signage in accordance with ANSI D6.1 and WSDOT, MUTCD. Take all necessary precautions for the protection of the Work and safety of the public. B. All barricades and obstructions shall be illuminated at night, and all safety lights shall be kept burning from sunset to sunrise and during times of limited visibility. C. No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site. D. The Contractor shall not require any employee to work under conditions that are unsanitary, hazardous, or dangerous to the employee's health or safety, as determined under 40 U.S.C. 327 et. Seq., as currently amended. E. The Contractor shall fully comply with 40 U.S.C. 327 et Seq., as currently amended, which may be obtained from the Superintendent of Documents, Government Printing Office, Washington D.C. 20402 -9325. 1.7 TEMPORARY UTILITIES A. The CONTRACTOR shall provide utilities at the construction site as described in Section 19 - CONSTRUCTION UTILITIES of the General Conditions. B. The OWNER makes no guarantee is made that electricity is available at the construction site. There is currently no active service to the site. Contractor is to make arrangements with appropriate utility for new connections, and provide and pay for any required temporary electrical service. Contractor is responsible for removal of temporary electrical service at the end of construction. 1.8 TEMPORARY CONTROLS A. Barriers: 1. Provide barriers including, but not limited to enclosures, fencing, flagging, and signage to prevent unauthorized entry to construction areas and to protect adjacent properties from damage from construction operations 2. Provide protection for plants designated to remain. Replace damaged plants in kind. B. Water Control: t 1. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment or other dewatering equipment as necessary to allow work. 2. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SECTION 01500 CONSTRUCTION FACILITIES TECHNICAL SPECIFICATIONS AND TEMPORARY CONTROLS 3. Do not allow direct discharge of pumped water into the Yakima River. Provide and maintain temporary water control measures in accordance with Section 01356 - Storm Water Pollution Prevention Measures and Soil Erosion Control. C. Dust Control: 1. Use dust palliatives, sprinkling, or other measures in accordance with Section 01356 - Storm Water Pollution Prevention Measures and Soil Erosion Control. D. Housekeeping: 1. Provide suitable facilities for cleaning personnel, equipment, and vehicles. 2. Do not allow equipment or personnel vehicles to track soil off site. 3. If soil is tracked onto public streets, use a street cleaner to remove by the end of each workday and adjust work practices to eliminate further tracking. 1.9 CONSTRUCTION FACILITIES A. Temporary Stabilized Construction Entrance: 1. Maintain temporary stabilized construction entrance accessing public thoroughfares to serve construction area. 2. Provide means for removing mud from vehicle wheels before entering streets consistent with local regulations. 3. Remove temporary stabilized construction entrance upon completion of project. 4. Mulch and seed temporary construction entrance area after removal. B. Parking: 1. Provide temporary parking areas to accommodate construction personnel. 2 Obtain Owner's Representative approval prior to parking on adjacent properties. 3. Designate one parking space for Owner's Representative. C. Progress Cleaning and Waste Removal. 1. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. 2. Remove debris excess sediment, and rubbish from channels, inlets, outlets, culverts, and other closed or remote spaces prior to enclosing space. 3. Collect and remove waste materials, debris, and rubbish from site weekly and legally dispose off -site. D. Project Signage: 1. Provide, erect and maintain on Project construction sign for the duration of the construction Project. Install the sign within seven (7) working days of receipt of the Notice to Proceed. CITY OF YAKIMA REGIONAL WWTP . BILLY'S POND RESTORATION SECTION 01500- CONSTRUCTION FACILITIES TECHNICAL SPECIFICATIONS AND TEMPORARY CONTROLS t 1 1 1 1, v 'I r 1 1 � 2. The sign shall be painted on one side of 1/2" thick, 3'x5' marine grade plywood. The sign shall be mounted on a minimum of 2, 4 "x4" posts, with the bottom of the sign four (4) feet above surrounding grade. The sign shall be mounted level at a location designated by the Owner's Representative. 3. The colors and letter sizes to be used for the sign shall be as shown in the Sign Format on the next page. 4. Information to be painted on the sign, include the names and logos of the Contracting Agency(ies), Project Name, Project Proponents, Engineer and Contractor. 5. No other signs are allowed without Owner permission except those required by law. 1.10 MEASUREMENT AND PAYMENT A. Work under Section 01500 - Construction Facilities and Temporary Controls is considered incidental and included in other work. No separate payment will be made for provisions of this Section. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS END OF SECTION SECTION 01500' CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SECTION 01700: CONTRACT CLOSEOUT PART 1. GENERAL 1.1 SECTION INCLUDES A. Closeout procedures. B. Final cleanup. 1.2 RELATED SECTIONS A. General Conditions B. Section 01500 - Construction Facilities and Temporary Controls. C. Section 01400 - Construction Quality Control /Quality Assurance. 1.3 CLOSEOUT PROCEDURES A. Final Inspection: 1. The Contractor shall request the scheduling of a final inspection in writing at least 10 calendar days prior to the scheduled completion dates. The project shall be in a state in which all Work under the Contract, including modification work, is or will be 100 percent complete prior to inspection by the OWNER's team members. The Owner's Representative will either confirm in writing the date of inspection requested or will make arrangements for a mutually acceptable date. 2. If, during this inspection, deficiency items are discovered, those items will be developed into a punch -list and provided to the Contractor for completion within a reasonable specified time frame. A formal "punch list" will be forwarded to the Contractor within seven (7) calendar days with the time frame established for completion of all items. A "back- check" inspection will be conducted to verify all deficient items were corrected and /or completed. If deficiencies are not completed and /or corrected by the Contractor and accepted by the OWNER within the time frame established, the OWNER may take the necessary steps to complete all outstanding Work items under another source and deduct that amount from the Contract by modification. 3. If after conclusion of the "final inspection" it is determined that the project is not in a state for "final acceptance ", but has a high percentage of the Work complete and the project is available for the purpose for which it was intended with no omission in essential parts, the Owner's Representative (COR) may conclude that the Contract Work is substantially complete. The COR will establish by letter the actual substantial completion date (which limits the assessment of liquidated damages upon the Contractor) and establish a time frame upon which the punch list items are to be completed. 4. If after the conclusion of the "final inspection" it is determined that the project is neither in a state for "final acceptance ", nor can substantial completion be established within the Contract performance period, the CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 01700- CONTRACT CLOSEOUT IJ Contractor will be placed on notice that liquidated damages will be assessed. Reinspection will take place upon request and assurance by the Contractor that all Work has been completed, per procedures outlined 1 above. The results of the completed inspection will form the basis of requirements for final acceptance. B. Reinspection: If the reinspection of deficient or incomplete items becomes 1 necessary, the cost of reinspection will be at the expense of the Contractor. C. Provide final submittals to Owner's Representative that are required by the OWNER or other authorities in the condition and within the time frames stated within the Contract documents. D. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due. 1.4 FINAL CLEANUP A. Execute final cleaning prior to final project assessment. B. Remove waste and surplus materials, rubbish, and construction facilities from the site. C. Remove all temporary facilities and improvements, including utilities, from project site. D. Restore staging areas, temporary roads, and other areas where operations have disturbed vegetation. Reseed if necessary. 1.5 MEASUREMENT AND PAYMENT A. There is no separate measurement and payment for the Work under this Section. All labor, materials, tools, and equipment necessary to satisfactorily complete the Work are considered to be incidental to and included in the prices bid for the various items of Work. 1 1.6 FINAL ACCEPTANCE A. Final acceptance of the Contract Work occurs when acceptance of all requirements under the Contract have been completed and accepted by the OWNER. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION F CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS 1 SECTION 01700 CONTRACT CLOSEOUT SECTION 02220: DEMOLITION PART 1. GENERAL 1.1 SUMMARY A. Section includes: Removing culverts, concrete weir and asphalt pavement from Yakima Greenway Trail identified on the plans. 1. Furnish all materials, equipment, labor and related items necessary to complete the work shown on the Plans. 1.2 REFERENCED STANDARDS A. Codes and Standards referred to in this Section are: 1. Section 2.02 Removal of Structures and Obstructions. Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction 2012. B. SUBMITTALS FOR INFORMATION 1. Provide all submittals, including the following, as specified in the General Conditions. 2. Necessary permit applications and approvals for in water work by the appropriate authority. 1.3 DELIVERY, STORAGE, AND HANDLING A. Store excavated /removed material in locations that will minimize the interference with operations, minimize environmental damage, and protect adjacent areas from flooding, runoff, and sediment disposition. 1.4 MEASUREMENT AND PAYMENT A. Demolition (Bid Item 02)• Measurement refers to lump sum bid, including delivery and haul of all necessary materials and equipment, excavation of material, culvert removal, trail, trail prism, subgrade and weir demolition. All cost in connection with hauling, recycling, and disposal of removed material and all equipment, labor and will be considered incidental to the to the bid item. Payment is by the lump sum bid for demolition. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.1 REMOVAL A. Billing's Pond Weir: 1. Remove concrete weir and all associated concrete foundation and appurtenances as shown on the Plans. 2. Do not remove trees, shrubs, and other vegetation indicated to remain. B. Culverts: 1. Remove culverts and all associate appurtenances as shown on the Plans. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02220- DEMOLITION L� I FJ 1 1 L F� FJ ' 2. Do not remove trees, shrubs, and other vegetation indicated to remain. C. Yakima Greenway Trail Asphalt Pavement: 1. Existing asphalt pavement shall be removed at the location shown on the Plans or designated by the Engineer. Care shall be taken during removal so as not to damage any existing pavement to remain in place. All remaining pavement damage due to the contractor's operations shall be replaced by the Contractor, to the satisfaction of the Engineer, at the Contractor's expense. 2. Contractor shall protect and not remove trees, shrubs, and other vegetation adjacent to the asphalt pavement. D. Yakima Greenway Trail Prism and Subgrade: 1. Contractor shall remove trail subgrade and underlying prism to the extent shown on the Plans. Material shall be removed so that it generally flush with the adjacent field west of the trail. The final surface shall be graded to promote positive drainage toward the river. Materials from the excavation shall be reused on site as fill to the extent possible as directed by Engineer. ' END SECTION 1 F1 1 I J tCITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02220 DEMOLITION SECTION 02230: STRIPPING AND STOCKPILING OF TOPSOIL PART 1. GENERAL 1.1 SUMMARY A. Section includes: The stripping, removal and stockpiling of on -site top soil which is up to two feet thick. 1. Furnish all materials, equipment, labor and related items necessary to complete the work shown on the Plans and /or as specified in the Specifications. 1.2 REFERENCED STANDARDS A. Codes and Standards referred to in this Section are: 1. Section 9- 14.1(2) Topsoil Type B: Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction 2012. B. SUBMITTALS FOR INFORMATION 1. Provide all submittals, including the following, as specified in the General Conditions. 2. Necessary permit applications and approvals for in water work by the appropriate authority. 1.3 DEFINITIONS A. Stripping: Stripping shall consist of the removal and satisfactory disposal of crops, weeds, grass, and other vegetative materials to the ground surface and topsoil to a depth of 12 inches or to clean sand, whichever is deeper. 1.4 DELIVERY, STORAGE, AND HANDLING A. Store excavated /removed Topsoil in locations that will minimize the interference with operations, minimize environmental damage, and protect adjacent areas from flooding, runoff, and sediment disposition. 1.5 MEASUREMENT AND PAYMENT A. Stripping and Stockpiling of Topsoil (Bid Item 03): Measurement refers to lump sum bid, including delivery of all necessary materials and equipment, and excavation of topsoil. Payment is by the lump sum bid for stripping and stockpiling of Topsoil. PART 2. PRODUCTS Not Used. PART 3. EXECUTION 3.1 REMOVAL A. TOPSOIL REMOVAL: 1. Remove topsoil to the approximateextents and depths shown on the Plans. 2. Do not remove trees, shrubs, and other vegetation indicated to remain. Do not remove topsoil outside the excavation limits shown on the plans. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02230' STRIPPING AND STOCKPILING OF SOIL 1 1 1 1 1 1 1 1 1 1 1 1 11 Existing landscaping and vegetation inside the limits not selected for removal shall be protected from damage y the Contractor's operations. 3.2 STOCKPILING A. TOPSOIL STOCKPILING: 1. Stockpile topsoil fill material to the extents shown on the Plans or as directed by the Owner's Representative. Coordinate Stockpiling of Topsoil with Owner's Representative. 3.3 FILL A. TOPSOIL FILL PLACEMENT: 1. Place topsoil fill material to the extents and depths shown on the Plans. 2. Coordinate all Topsoil fill or placement with Owner's Representative. END SECTION CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02230 STRIPPING AND STOCKPILING OF SOIL SECTION 02231: SELECTIVE TREE REMOVAL PART 1. GENERAL 1.1 SUMMARY A. Section includes: The removal of selected and marked trees along Billy's Pond Shoreline and adjacent areas necessary to excavate channels marked on the Plans. 1.2 REFERENCED STANDARDS A. Codes and Standards referred to in this Section are: 1. Section 2 -01 Clearing and Grubbing: Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction 2012. 1.3 DEFINITIONS B. Clearing: Clearing shall consist of the removal and satisfactory disposal of all above ground and below ground trees, downed timber, snags, slash, brush, garbage, trash, debris, fencing, and other items occurring in the designated areas to be cleared. C. Grubbing. Grubbing shall consist of the removal and satisfactory disposal of stumps, roots larger than 1 -1/2 inches in diameter, and matted roots from the designated grubbing areas. Grubbing also includes filling of holes from the grubbing operation. 1.4 DELIVERY, STORAGE, AND HANDLING A. Store removed trees in locations that will minimize the interference with operations, minimize environmental damage, and protect adjacent areas from flooding, runoff, and sediment deposition. 1.5 MEASUREMENT AND PAYMENT A. Selective Site Demolition (Bid Item 04). Measurement refers to lump sum bid, including delivery of all necessary materials and equipment required to remove selected and marked trees. Total amount of trees expected to be removed equal approximately 50% of the trees surrounding Billy's Pond. Payment is by the lump sum bid for removing and stockpiling of tree. PART 2. PRODUCTS Not Used. PART 3. EXECUTION 1.6 REMOVAL A. Tree Removal: 1. Clearing and grubbing of select marked trees shall be to the limits shown on the plans, marked by the contractor and approved by the Engineer and Owner. 2. Do not remove trees, shrubs, and other vegetation indicated to remain. END SECTION CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS u 1 1 1 SECTION 02231 • SELECTIVE TREE REMOVAL I I� ' PART 1. SECTION 02240: DEWATERING GENERAL 1.1 SUMMARY ' A. Section includes: Dewatering Billy's Pond necessary to install channel sandbag plug, excavate channels, and fill Billy's pond, install and operate temporary sediment pond as marked on the Plans. 1.2 REFERENCED STANDARDS A. Codes and Standards referred to in this Section are: ' 1. All dewater activities must comply with the conditions and /or provisions in M permits for this project B. SUBMITTALS FOR INFORMATION 1. Provide all submittals, including the following, as specified in the General Conditions. 2. Dewatering Plan. 1.3 DEFINITIONS ' A. Dewatering: The intention to withdraw, pump or divert groundwater, surface water or stormwater for the purpose of facilitation construction. 1.4 DELIVERY, STORAGE, AND HANDLING A. Store removed groundwater in location that will minimize the interference with operations, minimize environmental damage, and protect adjacent areas from flooding, runoff, and sediment deposition. 1.5 MEASUREMENT AND PAYMENT A. Measurement includes all incidental work, including delivery of all necessary pumps, fuel, materials; construction, operation, and maintenance of temporary t sediment pond; fish removal and fish screens, sand bag plug and equipment required to dewater Billy's Pond necessary to fully grade the channels during in- water work as shown on the Plans and any measures required to comply with the temporary erosion control, HPA, and section 02240.Payment shall be included in the lump sum bid for Mobilization (SECTION 01320) (Bid Item 01). PART 2. PRODUCTS Not Used. PART 3. EXECUTION 3.1 DEWATERING PLAN A. Contractor shall submit to the Owner ' 1. Contractor shall develop and provide to the Owner a dewatering plan to conform to Section 02240. 2. Contractor shall coordinate all dewatering activity with the Owner's Repetitive. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02240' DEWATERING I� 3.2 TEMPORARY SEDIMENT POND A. Verify the local of the temporary sediment pond with the Owner's Representative or Engineer before installation. 1. Coordinate installation, operation and removal of the temporary sediment pond with the Owner. END SECTION CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02240• DEWATERING A 1 1 1 J 1 1 1 1 11 SECTION 02315: CHANNEL EXCAVATIONS, BERM FILL, AND POND FILL PART 1. GENERAL 1.1 SUMMARY A. Section includes: Excavation for three groundwater channels, outlet channel excavation and fill, on -site excavated material placed as Billy's Pond habitat improvements and excess on -site excavated material placed as a berm along the westernedge of the project site as shown on the Plans. 1.2 REFERENCES A. Codes and Standards referred to in this Section are: 1. ASTM D 1556: (2000) Density and Unit Weight of Soil in Place by the Sand -Cone Method 2. ASTM D 1557: (2002e1) Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft- Ibf /cu. ft. (2,700 kN- m /cu.m.)) 3. ASTM D 2216: (1998) Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass 4. ASTM D 2487: (2000) Soils for Engineering Purposes (Unified Soil Classification System) 5. ASTM D 2922: (2004) Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth) 6. ASTM D 3017: (2004) Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) 7. ASTM D 422: (1963; R 2002) Particle -Size Analysis of Soils 8. ASTM D 4253: (2000) Maximum Index Density and Unit Weight of Soils Using a Vibratory Table 9. ASTM D 4254: (2000) Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density 10. ASTM D 4318: (2000) Liquid Limit, Plastic Limit, and Plasticity Index of Soils 11. ASTM D 4643: (2000) Determination of Water (Moisture) Content of Soil by the Microwave Oven Method 1.3 DEFINITIONS A. Backfill: Backfill as used in this section is defined as that fill material that cannot be placed around or adjacent to a structure until the structure is completed or until a specified time interval has elapsed after completion. B. Excavation Excavation shall consist of removal of earth material to the lines described in the Plans and Specifications. 1.4 SUBMITTALS FOR INFORMATION A. Provide all submittals, including the following, as specified in the General Conditions. 1. Dewatering Plan. 2. Necessary permit applications and approvals by the appropriate authority CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02315 CHANNEL EXCAVATIONS, BERM FILL, AND POND FILL F� 1.5 DELIVERY, STORAGE, AND HANDLING MEASUREMENT AND PAYMENT A. Store excavated material in locations that will minimize the interference with A. operations, minimize environmental damage, and protect adjacent areas from flooding, runoff, and sediment disposition. native material excavated and includes material removed, on -site stockpiling if 1.6 SCOPE OF WORK A. The work covered by this section consists of furnishing all equipment, labor, materials, and incidentals, and performing all operations necessary for the materials, tools and equipment of and other incidental costs necessary to provide excavation of the three groundwater -fed stream channels and placement of fill and excavation for Billy's Pond habitat, Billy's Pond outlet channel excavation and fill, and berm specified herein or indicated on the Plans,and for all other the Plans. Payment is by lump sum. excavations incidental to the construction of channels as specified and shown; road crossings, backfill at drainage structures, and other incidental earthwork as may be necessary to complete the channel, Billy's Pond fill, outlet channel as PRODUCTS specified herein and as shown on the Plans. Not Used. 1.7 MEASUREMENT AND PAYMENT A. Channel Excavation (Bid Item 05): Measurement refers to volume of on -site native material excavated and includes material removed, on -site stockpiling if necessary, loading, haul and placement of fill as berm or in Billy's Pond, all labor, materials, tools and equipment of and other incidental costs necessary to provide an excavated and graded stream channels, including fill grading, as indicated on the Plans. Payment is by lump sum. PART 2. PRODUCTS Not Used. PART 3. EXECUTION 3.1 SITE LAYOUT A. Verify that survey benchmarks, control elevations, and intended elevation for the Work are as described on the Plans. ' B. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the Work. ' C. The Contractor shall be responsible for executing the Work to the lines and grades that may be established and indicated by the Owner's Representative. D. Notify the Owner's Representative immediately of discrepancies between survey information and information in Drawings, should any discrepancies be identified. Under this circumstance, commence earth work operation only as directed by contracting the Owner's Representative. E. The Contractor shall lay out its work from Owner's establish baselines and ' benchmarks indicated on the Plans, and shall be responsible for all measurements in connection with the layout. ' CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION SECTION 02315 CHANNEL EXCAVATIONS, TECHNICAL SPECIFICATIONS BERM FILL, AND POND FILL 1 1 1 1 J 1 1 1 1 F. The Contractor shall be responsible for maintaining and preserving all stakes, groundwater wells, and other marks established by the Owner's Representative until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Owner's Representative may replace them and deduct the expense of replacement from any amounts due or to become due to the Contractor. 3.2 EXCAVATION B. Channel Excavation: 1. The three groundwater fed stream channels, Billy's Pond, and proposed outlet channel shall be excavated to the required grades as shown in the PLANS. On -site native material shall be used as fill to achieve proposed grades unless material is deemed unsuitable by the Engineer. The Contractor should expect areas of highly saturated soils. The Contractor shall be responsible for controlling surface /subsurface water and dewatering. 3.3 FILL A. Billy's Pond: 2. On -site native material from the channel excavation shall be used as Billy's Pond Fill material for the required grades shown on the Plans unless material is deemed unsuitable by the Engineer. The Contractor should expect area of highly saturated soils. The Contractor shall be responsible for controlling the surface /subsurface water. B. Outlet Channel Fill 1. On -site native material from the channel excavation shall be used as outlet channel Fill material for the required grades shown on the Plans unless material is deemed unsuitable by the Engineer. The Contractor should expect area of highly saturated soils. The Contractor shall be responsible for controlling the surface /subsurface water. 3.4 BERM A. Once the Billy's Pond and outlet channel required grades are complete, on -site native material form the channel excavation shall be used as berm fill material for the required grades shown on the Plans. Please note that owner has a partially completed berm. Coordinate completion of the berm with the Owner's Representative. B. Material deemed unsuitable for the Billy's Pond or Outlet Channel fill shall be used as fill material for the berm. . 3.5 Excess materials A. Contractor will stockpile excess material at a location as directed by Owner's Representative. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS END SECTION SECTION 02315' CHANNEL EXCAVATIONS, BERM FILL, AND POND FILL SECTION 02740: HOT MIX ASPHALT PART 1. GENERAL 1.1 SUMMARY A. This section includes installation of the materials for all the Yakima Greenway Trail realignment as shown on the Plans. The Trail shall be installed to grades and conform to areas and locations as shown on the Plans: 1. Furnish all materials, equipment, labor and related items necessary to complete the work shown on the Plans. The work shall consist of all labor, tools, materials, tests, permits and other related items necessary for the installation of pavement. B. A portion of the trail on the south side of Billy's Pond, as shown on the plans,is optional trail construction depending on funding. Therefore, the bid items associate with the trail have been separated into Schedule A and Schedule B.. 1.2 REFERENCES A. Section 5 -04 Hot Mix Asphalt of the Washington State Department of Transportation Standard Specifications 2012. B. Section 9- 03.9(3) Crushed Surfacing Base Course of the Washington State Department of Transportation (WSDOT) Standard Specifications 2012. 1.3 SUBMITTALS FOR INFORMATION A. Provide all submittals, including the following, as specified in the General Conditions. 1. Necessary permit applications and approvals by the appropriate authority. 2. HMA delivery tickets from mixing plant. 3. Design mix testing report. 4. Aggregate Source Approval (ASA) sheet. 1.4 DELIVERY, STORAGE, AND HANDLING A. Store material in locations that will minimize the interference with operations, minimize environmental damage, and protect adjacent areas from flooding, runoff, and sediment disposition. 1.5 MEASUREMENT AND PAYMENT A. Hot Mix Asphalt (Bid Item06, Schedule A and B): Measurement refers to ton of Hot Mix Asphalt placed as trail. Payment is by ton of material installed as trail and shall include full compensation for all cost required to carry out the requirements herein and all labor, , and materials associated with installation of Hot Mix Asphalt shall be considered incidental to the bid item. B. Trail Base Course (Bid Item07, Schedule A and B)• Measurement refers to ton of crushed surfacing base course (CSBC) placed as trail base courseand designated as trail on the Plans. Payment is by ton of material installed as trail base course and designated as trail on the Plans, and shall include full compensation for all cost required to carry out the requirements herein and all labor, delivery of CSBC, excavation and preparation of the subgrade, and CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02740 HOT MIX ASPHALT C 1 1 L 1 1 1 J materials associated with installation of CSBC shall be considered incidental to the bid item. PART 2. PRODUCTS 2.1 MATERIAL A. Hot Mix Asphalt shall conform to Section 5 -04 of the WSDOT Standard Specifications and be Class 3/8" PG- 64 -28. B. Crushed Surfacing Base Course to conform to Section 9- 05.1321 of the WSDOT Standard Specifications PART 3. EXECUTION 3.1 SUB -GRADE A. The trail shall be shaped to a uniform grade and cross section as shown in the Plans, or as designated by the Engineer. Excavation and preparation of subgrade shall be free of organic material, standing water and other unsuitable material. B. Compact the Subgrade to a depth of 6 inches. Subgrade shall be proof rolled and approved by the Engineer before Crush Surfacing is placed 3.2 HOT MIX ASPHALT A. The trail shall be shaped to a uniform grade and cross section as shown in the Plans; or as designated by the Engineer. The Hot Mix Asphalt finished grade shall be flushed with existing grade as shown on the plans. Existing drainage patters shall not be changed by the installation of the Hot Mix Asphalt. B. The entire surface shall be rolled with a smooth - wheeled or pneumatic -tired roller, or both, or as designated by the Engineer. END SECTION 1 1 ' CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS 1-1 SECTION 02740' HOT MIX ASPHALT SECTION 02900: LANDSCAPING PART 1. GENERAL 1.1, SUMMARY A. This section includes installation of the materials as shown on the Plans and /or as specified in the Specifications. The landscaping shall be installed to grades and conform to areas and locations as shown on the Plans: 1. Furnish all materials, equipment, labor and related items necessary to complete the work shown on the Plans and /or as specified in the Specifications. The work included in this Specification (whether mentioned or not) shall consist of all labor, tools, materials, tests, permits and other related items necessary for the installation of all plant materials in a first quality workmanlike manner. 2. Coordinate planting and hydroseed operations with the Owner. Owner will provide plants (See Part 2.5, this section). Some of the plants may be planted by others. 1.2 REFERENCED STANDARDS A. This section incorporates by reference the latest revisions of the following documents. They are part of this section as specified and modified. In case of conflict between the requirements of this Section and those of the listed documents, the requirements of this section will prevail. All standards shall include the latest additions and amendments as of the date of advertisement for bids. B. References: 1. Section 8- 01.3(2) Seeing, Fertilizing, and Mulching; of the Washington State Department of Transportation (WSDOT) Standard Specifications 2012. 2. Section 9- 14.4(2) Hydraulically Applied Erosion Control Products (HECPs); of the Washington State Department of Transportation (WSDOT) Standard Specifications 2012. 3. American Standard for Nursery Stock, ANSI Z60.1.American Nursery and .Landscape Association, 1250 Eye Street NW, Suite 500, Washington, D.C. 20005. 4. Hortus Third, The Staff of the L. H. Bailey Hortorium. 1976. MacMillan Publishing Co., New York. 1.3 QUALITY ASSURANCE A. Contractor must be experienced in landscape work of best - accepted trade practices and have equipment and personnel adequate to perform the work specified. Contractor must be familiar and comply with American Standard for Nursery Stock published by the American Association of Nurserymen. 1.4 PROJECT CONDITIONS A. Before proceeding with any work, the Contractor shall inspect the site with a representative from the Owner,all grades, and verify all dimensions and conditions affecting the work. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02900 LANDSCAPING 1.8 FINISH GRADING A. The Contractor shall be responsible for ensuring the finish grade is uniform and smooth without ruts, tire tracks or overly compacted areas. The Contractor shall not use equipment or employ techniques that will increase the compaction of the planting area soils. The Contractor shall notify the Owner's Representative if significantly disturbed surface areas or compacted soil areas are found and more ' CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02900 LANDSCAPING B. Contractor shall report to the Owner's Representative all deviation and /or conflicts between Plans, specifications and site conditions. Extra work arising from failure to do so shall be done at the Contractor's expense. 1.5 STORAGE AND HANDLING A. Transport all plants carefully to prevent damage. Tie branches as necessary. Use burlap bags to protect bark from rope chafing. Do not drag plant material. ' B. Plants shall be "heeled -in" in accordance with accepted horticultural practice and the following requirements: 1. Protect rootball of balled and burlapped plants with moist earth, sawdust ' or other acceptable material, preferably material specified for later use on the project. 2. Protect plant materials at all times from extreme weather conditions and keep rootballs moist and shaded. 1.6 PERFORMANCE REQUIREMENTS ' A. The Contractor shall continuously maintain a competent superintendent or foreman during the progress of the work, with the authority to act for the Contractor in all matters pertaining to the work. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the work under control. Subcontractors shall not be recognized and all persons engaged in the work will be considered employees of the Contractor and their work shall be subject to the provisions of the Contract and Specifications. B. The Contractor shall confine operations to the working areas allotted by the Owner's Representative for operations, including material and equipment storage. C. The Contractor shall progressively clean the work site of debris and rubbish as ' the work proceeds. D. Take all necessary precautions to protect work in progress, all property, persons, walks, curbs, pavement and buildings from any damage that might be incurred ' arising from this Contract. Locate all underground utilities prior to commencement of work. The Contractor shall pay for any damage at Contractor's expense. 1.7 COORDINATION A. The Contractor shall be responsible for determining the location of existing ' utilities and the protection of existing utilities. Promptly notify the Owner's Representative of any conflict between proposed work and obstruction(s). Failure to follow this procedure places upon the Contractor the responsibility and expense of making any and all repairs for damage from work therefrom. B. Some of the plants may be planted by others. 1.8 FINISH GRADING A. The Contractor shall be responsible for ensuring the finish grade is uniform and smooth without ruts, tire tracks or overly compacted areas. The Contractor shall not use equipment or employ techniques that will increase the compaction of the planting area soils. The Contractor shall notify the Owner's Representative if significantly disturbed surface areas or compacted soil areas are found and more ' CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02900 LANDSCAPING than reasonable effort is required to restore proper soil surface or compaction density. 1.9 REVIEW OF PLANT MATERIALS A. Review and approval of all plant materials by the Owner's Representative PRIOR TO PLANT INSTALLATION and HYDROSEEDING is mandatory. B. The Owner's Representative reserves the right to reject any or all plant material at any time until final review and acceptance. Remove rejected plants immediately from site. 1.10 CHANGE ORDERS AND SUBSTITUTIONS A. The Contractor shall do no work for extra compensation without prior written approval of the Owner's Representative in the form of a Change Order. 1.11 PERMITS, CODES AND REGULATIONS A. The Contractor shall obtain and pay for all permits and fees that are required for the work in this and other sections of these technical specifications. B. The Contractor shall keep fully informed and shall comply with all existing laws, codes, ordinances and regulations which in any way affect the conduct of the work. 1.12 ALTERNATIVE GRASS SEEDING METHODS A. The Contractor may provide an alternative grass seeding strategy to the Owner. Contractor must notify the Owner of the use of an alternative grass seeding strategy and must submit in written form the intent, strategy and terms of guarantee of establishment success. Submission of alternative grass strategy must be made to the Owner Representative before work is to begin. 1.13 MEASUREMENT AND PAYMENT A. Install Plants (1 gallon container) (Bid Item 08, Schedule B): Plant Installation: Measurement includes planting of trees, shrubs, and emergent plants and provided mulch. Payment is by the each plant installed (1 gallon). B. Hydroseeding (Bid Item 09): Measurement includes supply, delivery and application of hydroseed, mulch, and tackifier /HECHP. Payment is by per acre of hydroseed installed. PART 2. PRODUCTS 3.1 HYDROSEED A. Hydroseed application shall include a minimum of 1,500 pounds per acre of mulch with 3 percent tackifier.Mulch shall be HECP Type 2 mulch (previously named BFM). B. Seed Mix: COMMON NAME % OF TOTAL Intermediate Wheatgrass 23 Fairway Crested Wheatgrass 23 Sherman Big Bluegrass 13 Basin Wild Rye 13 Sodar Stream bank Wheatgrass 28 CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02900 LANDSCAPING 1 i 1 1 C 1 C. Seeding Rate: 5 lbs./ 1000 square -feet D. Coordinate any changes to the hydroseed with the Owner's Representative before applying hydroseed. 3.2 PLANTS A. Trees, Shrubs and Groundcover (See Planting Plan): 1. Collected plant material ONLY provided by the Owner's Representative. Plants on hand for the project contained in 1 (or greater) gallon pots and include: Quantity Common Name 2,000 Black Cottonwood 600 Red Osier Dogwood 325 Flowering Currant 600 Wood's Rose PART &EXECUTION 3.1 GENERAL A. All areas shall be finish graded and approved by the Owner's Representative before commencement of planting. All grades shall flow smoothly into one another and produce positive drainage. The Contractor is responsible for any adverse drainage conditions that may affect plant growth. Verify all grades and elevations with the Owner's Representative before commencement of planting. 3.2 SOIL PREPARATION A. All new planting areas to receive tree, shrub, and groundcover planting shall be cleared of all debris before plant installation or scarification /tilling, if required. B. All existing planting areas to receive tree, shrub, and groundcover planting shall be pit planted, being careful not to disturb roots or trunks of existing plantings. C. Finish Grades: 1. Finish grade is defined as the top surface of planting soil prior to the installation of mulch unless otherwise noted on the Plans. 2. Contractor shall ensure that finished grades are uniformly compacted to moderate density approximating compaction achieved by the weight of a single pass of medium sized earthwork machinery. 3. All planting areas shall be finish graded and accepted by the Project Representative before commencement of planting, preferably at time of staking and layout. 3.3 STAKING AND LAYOUT A. Staking and layout refers to locating and verifying all planting locations. B. All plant locations shall be laid out generally in the locations as shown on the plans. C. No plant shall be installed until its proposed location has been approved by the Owner's Representative. ' CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS I L�� SECTION 02900 LANDSCAPING 3.4 TREE, SHRUB AND GROUNDCOVER INSTALLATION A. Plants shall be installed in the early spring or late fall periods of the year only. The Owner's Representative will give formal approval of the Contractor's intended date for plant installation. B. The Contractor shall exercise care when installing plant material next to existing vegetation scheduled to remain to prevent damage to the root systems of the existing vegetation. C. If the Contractor encounters clay soil or any unusual condition which may be detrimental to the new planting, the Contractor shall notify the Owner's Representative immediately. D. Soak the root balls of all plants thoroughly prior to planting. Plant at the time plant materials are available, and plant in spring or fall of the year in which dug and when weather conditions are consistent with good horticultural practice. If container stock looks to be root bound, slash roots vertically with a sharp knife along outside of ball in three places minimum before planting. Plant balled and burlapped or container tree or shrub to conform to planting details. Fill hole with water and allow the soil to settle. Complete backfill and tamp firmly. When installed, top of rootball shall be approximately level with the adjacent finished grade. All plant material shall be watered on the same day as planted until the backfill soil around the roots of each plant is thoroughly saturated. No more plants shall be planted on any day than can be watered on that day. E. All shrubs shall be installed under all trees as indicated on the Plans to achieve an approximate 4 foot distance from tree trunks. F. Emergent plants shall be installed in the existing soils found in the emergent planting areas. No soil amendments or fertilizers shall be used in emergent plant pits. Install emergent plants per the details shown on the planting plans. G. Weeds in the top of the rootballs must be removed prior to planting. 3.5 BARKAND MULCH INSTALLATION A. Install a uniform four (4) inch deep layer of bark mulch in a 2 -foot radius around trees and shrubs after all plants have been installed. B. The Contractor shall move bark away from the leaves of the smaller plants so they are not buried in the bark. The Contractor shall maintain a minimum of two (2) inches of bark over the ground surface of all plants where bark is moved to expose plant leaves. C. The Contractor shall take care not to disturb plants during bark mulch installation Contractor shall rake top surface of bark mulch to provide flat uniform surface. 3.6 PROTECTION A. All planting materials shall be properly protected against harm from normal weather conditions and the public by the Contractor until Final Acceptance. Maintenance of all the planted areas until Final Acceptance, shall include, but not be limited to, watering, weeding, and pruning as well as replacement of any plants that appear to be in distress. Planting shall occur in spring or fall of year when weather conditions are favorable. Special planting techniques, defoliating, wilt proofing or spray misting may be required should unseasonable planting conditions occur. No work shall be performed in, over or adjacent to planting areas without approved protection and safeguards. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02900 LANDSCAPING 1 1 1 3.7 CLEANUP A. Areas to be kept clean during progress of work and until completion. Water, dirt and rubbish are to be kept off of all paved areas. Remove surplus materials and rubbish from planting areas, rake planting areas neatly to an even, fine grade around all plants and wash clean all paved areas. Leave project in first quality condition. 3.8 FINAL ACCEPTANCE A. Final acceptance of all landscaping work described in this Specification section, including the one (1) year maintenance period, shall be made by the Project Representative to determine one hundred (100) percent completion of the Contract work. This review shall be made upon written request to the Owner's Representative no less than forty -eight (48) hours prior to the anticipated date of inspection. END SECTION n C 1 iCITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS :l SECTION 02900 LANDSCAPING SECTION 02950: LARGE WOODY DEBRIS AND POROUS WEIR PART 1. GENERAL 1.1 SUMMARY A. This section includes providing and installing Large Woody Debris (LWD) and porous weirs as shown on the Plans. The LWD and porous weirs shall be installed to grades and conform to areas and locations as shown on the Plans: 1. Furnish all materials, equipment, labor and related items necessary to - complete the work shown on the Plans and shall consist of all labor, tools, materials, tests, permits and other related items necessary for the installation of all LWD and porous weirs. 2. The work includes any excavation, backfill, notching, pinning, and ballast required to place and secure the LWD. 1.2 RELATED SECTIONS INCLUDE: 1. Section 02300 — Channel Excavation 1.3 REFERENCES A. Streambed Boulders (Size specified on the plans) Section 9 -03. in the WSDOT Standard Specifications. B. Geotextile shall be woven and conform to the specifications shown on the Plans. 1.4 DEFINITIONS A. Large Woody Debris (LWD): whole trees with or without rootwad and limbs attached placed in- stream channels to provide enhanced aquatic habitat and stream processes such as localized scour. B. Porous Weir: low profile in- stream structures comprised of stream boulders that are collectively placed spanning the stream. The boulders redirect flow by concentrating stream flow between individual rocks. 1.5 SUBMITTALS A. The source of supply of LWD shall be approved by the Engineer and Owner before delivery to the site. B. The source of the streambed boulder for porous weir shall be approved by the Engineer before delivery to the site. 1. Boulders unearthed during the channel excavation process may be set aside and used as boulders for Porous Weirs and shall be approved by the Engineer. 1.6 MEASUREMENT AND PAYMENT A. Large Woody Debris (Bid Item 10): Measurement is per each for each structure. Payment is by actual LWD structures installed and includes all delivery, haul, excavation and backfill, tools, materials required by the plans or provided by the Owner, equipment, labor, and other incidental costs necessary to provide an installed LWD structure as indicated on the Plans. B. Porous Weir (Bid Item 11): Measurement is per each weir installed. Payment is by each actual weir installed and includes all delivery, haul, excavation and backfill, tools, materials required by the plans and provided by Owner, equipment, labor, and other incidental costs necessary to provide an installed Porous Weir structure as indicated on the Plans. CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02950• LARGE WOODY DEBRIS AND POROUS WEIR 1 1 1 I,] PART 2. PRODUCTS 2.1 LWD A. All LWD shall consist of conifer species. The Contractor may substitute other coniferous species if requested in writing and approved in writing by the Engineer and Washington Department of Fish and Wildlife. B. LWD shall be sound and free of rot, insect damage, or any preservative such as creosote. Logs shall not be incrusted with silt and fines. The log diameter shall be measured at 4.5 feet from the base end of the. log. C. Crunch broken ends to disguise saw cuts at the exposed end of the log. Exposed ends of logs shall have no blunt ends. D. LWD with root wads shall be a minimum of 4 feet in diameter, as measured at the shortest spread between root ends. 2.2 POROUS WEIR A. All materials for the porous weir shall be as specified in the plans. Streambed boulders will be visually accepted by the Engineer in the conveyance vehicle at the point of delivery. B. Boulders unearthed during the channel excavation process may be set aside and used as boulders for Porous Weirs and shall be approved by the Engineer. PART 3. EXECUTION 3.1 LWD: A. The Contractor shall install all LWD structures as shown on the plans. The Contractor shall notify the Engineer at least 24 hours prior to any log structure installation activities. Logs shall be approved on site by the Engineer prior to installation. Care shall be taken to protect all logs during log installation. During placement of log structures, the engineer may require the Contractor to adjust the placement to fit the field conditions. B. Backfill and compact any open trenches as required.per Section 2- 09.3(1)E of the WSDOT Standard Specifications to return the site to the design grade. 3.2 POROUS WEIR: A. Final location and placement of Streambed Boulders will be as directed by the Engineer. The Engineer may direct that the Streambed Boulders be installed in conjunction with other stream construction features such as LWD. During placement of Porous Weirs, the engineer may require the Contractor to adjust the placement to fit the field conditions. END SECTION CITY OF YAKIMA REGIONAL WWTP BILLY'S POND RESTORATION TECHNICAL SPECIFICATIONS SECTION 02950 LARGE WOODY DEBRIS AND POROUS WEIR C I APPENDIX A Engineering Report I I I I I CITY OF YAKIMA WASTEWATER TREATMENT PLANT FLOODPLAIN RESTORATION AND OUTFALL ALTERNATIVE PROJECT PHASE 1: BILLY'S POND RESTORATION PRELIMINARY DESIGN REPORT Yakima, WA Prepared for the City of Yakima Wastewater Treatment Division Prepared by RIDOLF1 Inc. July 2012 tel iNA82.7294 7,u 58 31 f)8 f. fi1(.;,:; f,oi 11 F L City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I: Billy's Pond Restoration Yakima, WA Prepared for the City of Yakima Wastewater Treatment Division r Prepared by RIDOLFI Inc. July 2012 ' 1 1 1 TABLE OF CONTENTS 1.0 INTRODUCTION ..................................................................... ............................... 1 1.1 Site Environs .............................................................................. ..............................1 1.1.1 Wastewater Treatment Plant ........................................ ..............................1 1.1.2 Yakima Wastewater Treatment Plant Floodplain Restoration Site ..............2 1.1.3 Phase I: Billy's Pond Restoration Site ........................... ..............................2 1.2 Phase I Project Purpose ............................................................. ..............................3 2.0 PROJECT SITE AND RESTORATION SITE CHARACTERIZATION .................... 5 2.1 Yakima River Basin Characteristics ............................................ ..............................5 2.1.1 Yakima River Hydrology ............................................... ..............................5 2.1.1.1 Flow Regime .............................................. ..............................6 2.1.1.2 Temperature Regime ................................. ..............................7 2.1.2 Yakima River Geomorphology ...................................... ..............................7 2.1.2.1 Fluvial Form and Channel Stability ............. ..............................7 2.1.2.2 Sediment Transport ................................... .............................10 2.2 Project Site and Restoration Site Characteristics ....................... .............................10 2.2.1 Site Descriptions .......................................................... .............................10 2.2.2 Geology ............................................... ............................... ....................12 2.2.3 Hydrogeology ............................................................ .............................14 2.2.4 Biological Resources ................................................... .............................15 2.2.4.1 Salmon and Trout ..................................... .............................16 2.2.4.2 Lamprey .................................................... .............................17 2.2.4.3 Designated Uses ..................................... .............................17 3.0 DESIGN ALTERNATIVES ..................................................... ............................... 19 3.1 Preliminary Design Alternatives ................................................ .............................19 3.1.1 No Action Alternative ................................................... .............................19 3.1.2 Sinuous Flowing Channel ............................................ .............................19 3.1.3 Naturalized Channel Complex .................................... .............................20 3.2 Preferred Design Alternative ...................................................... .............................21 3.3 Design Considerations .......................................................:....... .............................21 3.3.1 Groundwater Contributions .......................................... .............................21 3.3.2 Backwaterin9 • .............................................................. .............................22 3.3.3 Avulsion and Infrastructure Risk ................................. .............................23 3.3.4 Mainstem Connection .................................................. .............................23 3.3.5 Habitat Considerations ................................................ .............................24 3.3.6 Construction Considerations ........................................ .............................24 3.3.7 Climate Change Impacts .............................................. .............................26 City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report 1200716_Phasel_BODR.docx July 2012 Page i 3.4 Permitting .................................................................................. .............................27 4.0 SUMMARY ............................................................................ ............................... 29 5.0 REFERENCES ...................................................................... ............................... 31 LIST OF FIGURES Figure 1. Site Features Figure 2. Floodway and Predicted Extent of Inundation Figure 3. Nearby Existing and Proposed Levees and Revetments Figure 4. Existing Levee Alignment Modeled 100 -Year Floodwater Depths Figure 5. Setback Levee Alignment Modeled 100 -Year Floodwater Depths Figure 6. Yakima River Historical Flows Recorded at USGS Gage 12500450 Figure 7. Selected Yakima River Watershed Dams Figure 8. Yakima River Historical Temperatures Recorded at USGS Gage 12500450 Figure 9. Yakima River Historical Morphology Figure 10. Geologic Units Mapped at the Project Site Figure 11. On -Site Test Pit Stratigraphy Figure 12. Photographs of Excavated Materials Figure 13. Time Series of Groundwater and Surface Water Elevations Figure 14a. Historical Groundwater Elevations, 1992 -1994 Figure 14b. Historical Groundwater Elevations, 2002 -2004 Figure 15. Project Site Groundwater Elevations Figure 16. Project Site Depths to Groundwater Figure 17. Conceptual Cross Section Through a Spring Channel LIST OF TABLES Table 1. Calculated Slopes at Project Site Table 2. Federal Endangered, Threatened, and Species of Concern in the Yakima River Table 3. Aquatic Life Uses Criteria for the Yakima River: Spawning /Rearing (June 15 through September 15) Table 4. Projected Groundwater Contributions LIST OF APPENDICES Appendix A. Conceptual Design Drawings Appendix B. Preliminary Design Drawings 1200716 Phasel BODR.docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page ii 1 1 J . LIST OF ABBREVIATIONS AND ACRONYMS City City of Yakima DID Drainage Improvement District Ecology Washington State Department of Ecology ESA Endangered Species Act FEMA Federal Emergency Management Agency HEC -RAS Hydrologic Engineering Center's River Analysis System HUC hydrological unit code JARPA Joint Aquatic Resource Permit Application LiDAR Light Detection and Ranging NAVD North American Vertical Datum NMFS National Marine Fisheries Service PBA Programmatic Biological Assessment SIR Scientific Investigations Reports Site Yakima Wastewater Treatment Plant Floodplain Restoration Site SPIF Specific Project Information Form SR 24 State Route 24 USACE U.S. Army Corps of Engineers USBR U.S. Bureau of Reclamation USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey WDFW Washington State Department of Fish and Wildlife WRIA Water Resource Inventory Area WWTP City of Yakima Wastewater Treatment Plant YTAHP Yakima Tributary Access and Habitat Program LIST OF UNITS °C degrees centigrade cfs cubic feet per second ft feet ft/day feet per day ft3 /s cubic feet per second mg /L milligrams per liter NTU nephelometric turbidity units psi pounds per square inch 12011716 Phase 1_BODR.docx I City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page iii 4v: This Preliminary Design Report provides a record of the assessments and technical decisions that have been conducted through June 2012 to support design of the City of Yakima's Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project, Phase I: Billy's Pond Restoration. Work is ongoing to refine and develop the final design of the Phase I project. Work to date has included: • Review and evaluation of studies conducted for the Gap to Gap Levee Setback Project • Compilation of historical aerial photographs • Synthesis of temperature and chemistry data for the treatment plant effluent • Preliminary modeling of thermal impacts to groundwater • Synthesis of channel migration information to support geomorphological evaluation • Topographical surveys • Environmental investigations, including soil and surface water chemical analysis • Trenching surveys to determine the depth to groundwater and characterize shallow geology • Archaeological survey • Preliminary hydrologic modeling • Groundwater studies • Evaluation of treatment plant process data and effluent characteristics • Evaluation of Yakima River hydrology and thermal regime • Conceptual designs • Initial cost estimates 1.1 Site Environs As shown in Figure 1, three areas are important to the Floodplain Restoration and Outfall Alternative Project, as described below: 1.1.1 Wastewater Treatment Plant The Wastewater Treatment Plant (WWTP) is a regional wastewater treatment facility that serves the City of Yakima (the City) and the City of Terrace Heights in Central Washington. The WWTP is located at 2200 East Viola Avenue, Yakima, Washington, on the west bank of the Yakima River. The WWTP discharges treated effluent into the Yakima River through a permitted outfall at River Mile 110. The outfall is permitted by the Washington State Department of Ecology (Ecology) under the National Pollutant Discharge Elimination System. City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report 1200716_Phasel_BODR.docx July 2012 Page 1 1 1.1.2 Yakima Wastewater Treatment Plant Floodplain Restoration Site _.. _....__.. __.. -.. -- ------ ........... _ ......... .. -..._. .---- --- _.. _..._.__..__.. The 79 -acre Yakima Wastewater Treatment Plant Floodplain Restoration Site (the Site) includes the floodplain south of the WWTP and adjacent to the Yakima River between River Miles 109 and 110. The Site lies within Water Resource Inventory Area (WRIA) 37 (Lower Yakima River) and the fifth field hydrological unit code (HUC), 1703000302 (Lower Yakima River). The Site is in Sections 32 and 33 of Township 13 North and Range 19 East at latitude and longitude 46.5748 and - 120.4674, respectively. The Site is on City -owned property within the 100 -year floodplain identified by the Federal ' Emergency Management Agency (FEMA). The 100 -year floodplain was last activated in 1996 when river flows were pushed to record levels after a period of warm weather was followed by a series of heavy rain -on -snow events in the upper watershed. At that time, Yakima River flows peaked at 57,500 cubic feet per second (cfs) at Parker, exceeding the 100 -year predicted discharge of 56,300 cfs (Yakima County, 2007). 1 n 1 1 u 1 To the south and west, the Site is bordered by property owned by the Washington State Department of Transportation and Interstate Highway 82, respectively. The Site is bounded to the east by a short length of a U.S. Army Corps of Engineers (USACE) levee that transitions into an unmaintained revetment' to the south. The Greenway Trail is on the top of the revetment within an easement granted to the Greenway Association by Yakima County. Detailed information about Site characteristics is provided in Section 2.2.1. 1.1.3 Phase I: Billy's Pond Restoration Site ...... .._.. --- _.__..._ ._..._.._....... . The Phase I: Billy's Pond Restoration Site (restoration site) encompasses an area of 30 acres within the Site, including 4.6 -acre Billy's Pond. Billy's Pond is a manmade, open water feature that resulted from gravel mining. It was constructed during the mid -1960s in the area of the former Spring Creek. The pond, which is groundwater -fed, flows through a concrete weir, then discharges through two culverts, under the Greenway Trail, to a manmade ditch that in turn flows to a side channel of the Yakima River. Detailed information about restoration site characteristics is provided in Section 2.2.1. ' For this report, structures that function as levees but are not certified as such are identified as revetments. 1200716 Phase 1_BODR.docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 2 �r RIDDLFI r 1.2 Phase I Project Purpose Figure 2 shows the floodway in the vicinity of the Site and the predicted extent of inundation in 100- and 500 -year floods.2 Over the past 100 years, several reaches of the Yakima River have undergone some form of levee building and channel- migration restriction in response to flooding. Levee construction has modified natural fluvia13 processes in the Yakima Valley by restricting channel migration, reducing the river's total sediment supply, eliminating off - channel habitats, and disconnecting the river from its historical floodplain. The Gap to Gap Levee Setback Project (Gap to Gap Project), a multiagency effort led by the Yakima County Flood Control Zone District, is focused in part on mitigating some of these historical changes in the area between Selah Gap and Union Gap, where the Yakima River enters and leaves the valley. In the Site vicinity, the Gap to Gap Project will include setting back the Boise - Cascade levee and the Sportsman Park levee upstream of the State Route 24 (SR 24) bridge, and the Drainage Improvement District 1 (DID #1) levee downstream of the SR 24 bridge (Figure 3). These setbacks will provide an increased measure of flood control to residents of the Yakima Valley and will also create an opportunity to restore some of the river's natural physical and ecological processes to the floodway and floodplain (U.S. Bureau of Reclamation [USBR], 2010). Figures 4 and 5 illustrate the predicted water depths and their locations in the Site vicinity based on model results for a 100 -year flood event generated by Yakima County using the USACE's Hydrologic Engineering Center's River Analysis System (HEC -RAS), as well as ground topography measured using Light Detection and Ranging (LiDAR) for the existing levee configuration (Figure 4) and the proposed setback levee configuration (Figure 5). As the figures show, the drop in flood stage associated with levee setback reduces the areal extent of inundation west of the Yakima River considerably4. In support of the Gap to Gap Project, the City is pursuing an opportunity to restore off - channel habitat in its floodplain property to the south of the WWTP. The Yakima WWTP Floodplain Restoration and Outfall Alternative Project will consist of three phases. Phase I Billy's Pond Restoration is the focus of this document. The second and third phases, which are contingent on funding, will include constructing additional channels in the floodplain between Billy's Pond and the Yakima River and building a new conveyance system for treated effluent released from the WWTP. Conceptual design drawings for the three phases are provided in Appendix A. 2 This information was modeled by FEMA and provided to RIDOLFI Inc. by Yakima County r 3 Of or relating to a stream or river. 4 Figures 4 and 5 do not account for the hydraulics associated with flood flows; the water depths represented are the absolute difference between the modeled floodwater surface and the measured ground surface City of Yakima Wastewater Treatment Plant ' Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report 1200716_Phasel_BODR.docx July 2012 Page 3 r 1 1 1 r 1 1 The Phase I restoration work is being funded through a grant from the Washington State Salmon Recovery Funding Board. The project will reconfigure an existing groundwater -fed floodplain pond into a series of naturalized channels and pools with morphology similar to off- channel habitats of the Yakima River. The project will also establish fish passage, which is currently blocked by two culverts, to Billy's Pond. The naturalized channels and pools are intended to support designated aquatic life uses for the Yakima River, such as providing salmonid off - channel refuge, rearing, and foraging habitat. The Phase I project will also make available much - needed thermal refugia for rearing and migrating salmonids by providing hyporheic5 connectivity to more consistently cool waters and shade in the form of riparian vegetation. Additionally, the project meets the goals and objectives of the Yakima Basin Steelhead Recovery Plan (Conley et al., 2009) to support recovery of local fish and wildlife stocks through voluntary, non - regulatory approaches that improve existing functional habitat; protect and enhance floodplain conditions; and improve flows and riparian, side - channel, and migration conditions. 5 The hyporheic zone is defined as a subsurface volume of sediment and porous space adjacent to a stream through which stream water readily exchanges and mixes with groundwater. 1200716_Phase1_BODR . docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 4 2OROJECT`, SITEANDIRESTORATIONS 'ITECA�CE`RIZ The information provided in this section represents work conducted on and data reviewed for the 79 -acre Site. Some but not all of these activities occurred within the 30 -acre restoration site In Section 2. 1, basin characteristics are reviewed to provide a larger context for characterization of the restoration site. Section 2.2 describes existing conditions at the Site and restoration site. 2.1 Yakima River Basin Characteristics Unless otherwise noted, information on the Yakima River Basin was derived from research performed by the U.S. Geological Survey (USGS) and published in two Scientific Investigations Reports: Hydrologic Framework of the Yakima River Basin Aquifer System, Washington (SIR - 2009 -5152) and River - Aquifer Exchanges in the Yakima River Basin, Washington (SIR -2011- 5026). The Yakima River Basin encompasses approximately 6,200 square miles in south - central Washington. Land cover in the basin is divided relatively evenly between forested land in the upper watershed, range land at lower elevations, and agricultural fields on the valley floors. Precipitation in the upper basin is as much as 120 inches annually. However, at the basin outlet where the Yakima River joins the Columbia River, the annual precipitation is as little as 6 inches annually. The combined and eastern climate and wetter western uplands of the basin yield an annual average precipitation of approximately 27 inches. Geologically, the basin lies within the Columbia Plateau province in a smaller subprovince identified as the Yakima Fold Belt. This region is highly folded, as can be observed in the multiple anticlinal ridges that run parallel to the Yakima Valley floor, which is itself a syncline. Strata ages range from Precambrian to Tertiary. Surficial geology in the Yakima River Basin varies with location. Mixed marine metasediments and intrusives make up the basin's western margin and are replaced by Columbia River Basalt group rocks in the eastern two - thirds of the basin, where elevations are slightly lower. Valley floors are overlain with thick quaternary deposits that include alluvial units and loess. 2.1.1 Yakima River Hydrology The USGS maintains several stream gages on the Yakima River. Most of the data reviewed for this project was taken from gage 12500450 just upstream of the river's confluence with Ahtanum Creek. This gage, referred to here as the Yakima River - Ahtanum Creek gage, is located at approximately 903 feet above sea level (using the North American Vertical Datum [NAVD] 1988) and approximately 4 river miles downstream from the WWTP. This gage location includes the contributions of the Yakima and Naches rivers. The following discussion of river flow and temperature regimes is based on archive data from this gage except where otherwise noted. 1200716_Phase 1 _BODR. docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 5 t f 1 F IF] t r Id it I n, L! 1 FL 'I I� 1 L� Ll r M 1 1 J [l 2.1.1.1 Flow Regime Discharge records were analyzed from two periods of record at the Yakima River - Ahtanum Creek gage. Data from the gage's entire period of record was analyzed in two blocks to calculate average daily flows. The first set spans the water years from 1966 through 2000; the second set spans the water years from 2000 to 2010. Both annual hydrographs are shown in Figure 6. Historical flow data from both time periods follow the discharge pattern of a snowmelt- dominated river with mountain headwaters, but also show signs of regulation by upstream dams designed to reduce flood discharges and provide surface water storage for industrial and agricultural uses. Flows are low to moderate during the late fall and winter months, generally ranging between approximately 2,000 and 4,000 cfs. As snowmelt begins to reach surface water channels, flows steadily increase from approximately the end of March to a peak in mid - June of approximately 6,800 cfs. This period of high flows during the spring and early summer is sometimes referred to as the "freshet." Flows gradually recede from the freshet peak until mid - October, when they reach a seasonal low before fall and winter storms begin to provide some episodic runoff events. Flows in the past 10 years are generally lower than historical flows except during the peak of the freshet in early June. Changes in discharge also appear to be more abrupt during the past 10 years than during the longer historical period. The causes of these deviations from the historical trend are not immediately obvious. Dam construction in both the Naches and Yakima river watersheds began in the early 20`h century, making both periods of data non - natural to varying degrees. A series of 11 dams and six major reservoirs (Figure 7) is used to deliver water for irrigation, industrial, and municipal uses, as well as minimum in- stream flows for salmon spawning runs (Vaccaro, 2011). Some of the observed changes in the annual hydrograph may reflect changes in management strategies, increases in industrial water consumption, or the effects of climate change. Irrigation withdrawals from the Yakima River are diverted into supply canals at several locations. Some of these diversions return to the river in downstream irrigation drains, but a portion is lost to direct evaporation and evapotranspiration during irrigation of valley floor crops. The USGS estimates this difference between mean annual unregulated and regulated stream flow in the Yakima River to be approximately 2,000 cfs at the lower Kiona gage (number 12510500). Review of the two time periods of data taken from the Yakima River - Ahtanum Creek gage identified an annual difference between mean annual unregulated and regulated stream flow of approximately 600 cfs. This difference equates to approximately 431,000 acre -feet of water annually. 1200116_Phase 1 _BO D R. docx I City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 6 2.1.1.2 Temperature Regime Temperature data at the Yakima River - Ahtanum Creek gage were limited to the period between 2004 and 2006. However, enough measurements were available to allow evaluation of a full year of temperatures. In addition, overlap in the sampling provided multiple measurements for a short period in the summer from May to October, making it possible to calculate a range of temperatures and an average temperature. The temperature regime at the Yakima River - Ahtanum Creek gage is shown in Figure 8. Temperature trends are generally consistent with expectations for an arid environment at moderate altitude. River temperatures are near freezing to approximately 4 degrees centigrade ( °C) in the winter, gradually increase from April through July, and peak at approximately 20 °C in the mid - summer. Modest day -to -day temperature fluctuations on the order of 5 °C continue throughout the year. 2.1.2 Yakima River Geomorphology - .... - - - -. In the Gap to Gap reach, the Yakima River forms an anabranching6, gravel- bedded channel. Dominant fluvial processes historically included cut and fill of the floodplain that promoted relatively frequent channel avulsion? (Stanford et al., 2002). As water and land resources in the Yakima Valley have been developed, the Yakima River's movement has been restricted in many places by hardening of the riverbanks with levees, riprap, and other armoring. These changes have in turn affected the Yakima River's natural fluvial processes and sediment budget by severing the river's connection with its historical floodplain. 2.1.2.1 Fluvial Form and Channel Stability Historical channel forms of the Yakima River at the restoration site were evaluated through review of aerial photographs taken in 1955, 1968, 1978, 1998, and 2010 (Figure 9), which provide a chronology of changes in the Yakima River. Over time, the river has generally shifted from an anabranching channel morphology to a single channel of varying sinuosity. Gravel mining operations in the adjacent floodplain have resulted in the creation of several large ponds In addition, the original SR 24 bridge was replaced with a new structure farther south between 1955 and 1968. The deck of the new bridge was then replaced and extended between 1998 and 2010. Interpretation of the five historical aerial photographs is provided below. An anabranching channel consists of multiple channels separated by stable islands which are large relative to the size of the channels, and which divide flow at discharges up to and including bankfull (Knighton, 1998). Avulsion refers to a sudden cutting off of land by a flood, or an abrupt change in course of a river or stream. Examples of avulsion are a river breaking through a meander bend or deserting its existing channel for a new one (Gary et al., 1974) 1200716_Phasel _BOD R.docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 7 L t t 1 t 1 r H11 r L, 1 Ci I F1 u 1 1 1 11 1955 The channel condition in the earliest photograph includes multiple narrow, sinuous channels that define several islands. Most of these islands are wider than their defining channels, are well- vegetated in their interiors, and have exposed gravel bars toward their edges. Many of the islands show some evidence of paleochannels crossing their interiors. Two channel oxbows are visible southeast of the future site of the WWTP on both sides of the river channel with marginal vegetative cover surrounding them. 1968 Between 1955 and 1968, the river channel straightens considerably. Several of the former anabranching islands appear narrower and lose some definition along their western margins, where formerly wet channels have been drawn down. The western oxbow south of the WWTP has recaptured the primary channel. Much of the vegetation east of this new river bend has been eroded away and replaced with a gravel point bar. The channel is straightened considerably in this reach as well. The changes since 1955 are dramatic enough that they may reflect human channelization (USBR, 2010). Dredging, in tandem with levee construction visible along the eastern edge of the river, may have been part of an effort to dewater the floodway for added access to gravel deposits and to improve water delivery downstream to irrigation allotments. Several new gravel pits are visible in the 1968 photograph, including pits in the northeast corner of the photograph and just southeast of Billy's Pond. The northeastern pits are located east of the newly constructed levees, preventing channel avulsion into the excavations. 1978 There is evidence that the river channel begins to incise significantly between 1968 and 1978. The width of the river channel decreases in the northern river bend, near the WWTP, as well as east - northeast of Billy's Pond. Just downstream of the incised river channel is a wider section with a visible longitudinal gravel bar, suggesting this section of the river has aggraded8 since 1968, forming a shallower and wider channel. West of the northern river bend another levee has been added and reinforced to limit further westward migration of the river channel. Part of this structure is obscured by vegetation, but the southern half is visible as a well- defined white line. Gravel mining operations seen in the northeast corner of the photograph and due south of Billy's Pond have been expanded, forming new, larger ponds where the excavations have reached the water table. More land is visible in the island complex west of the primary channel as well. Because gravel mining operations in this area appear to be reduced by 1978, it is not clear 8 Aggradation of a stream refers to active building up of the channel through the deposition of sediment. 1200716_ Phase 1— BODR.docx 1 City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 8 whether the increased land surface is a result of anthropogenic regrading of former gravel pits or further reduction in flows through auxiliary and side channels of the Yakima River. 1998 Further channel incision has apparently resulted in a single, relatively narrow channel. This latest round of incision was most likely promoted by the addition of new revetments and channel armoring, combined with the restrictions in stream flows, which promote armoring of the banks and gravel bars by winnowing out fine - grained material. Some bare gravel bars are still visible adjacent to the river channel. One of these is the "high point bar" identified by the USBR (2010); this bar is accessed by the river during high flows. An additional point bar that also appears to be relatively stable is visible east of the excavations commonly referred to as the Edler Ponds. Gravel mining apparent in the northeast corner of the 1978 photograph has been expanded by 1998 and is visible due east of the northern river bend. Additional excavation has also occurred due south of Billy's Pond, these excavations (located west of the main channel) are the Edler Ponds. Vegetation encroachment around the channel is more visible in this photograph than in previous years, presumably because channel migration has been restricted or reduced over an approximately 30 -year period and periodic reworking of in- stream gravel has been limited. 2010 In most locations, the Yakima River channel has continued to incise and narrow by varying degrees since the 1998 photograph. Existing gravel bars that are inundated during higher flows show aggradation in several locations. Aggradation of the point bar east of the WWTP and of the longitudinal bar east of Billy's Pond is visible. North of the SR 24 bridge, the river has avulsed to the east, and new gravel bars have aggraded along the western bank of the river. South of the site, additional aggradation is visible in the elongate gravel bars just east of the Edler Ponds. Many of the gravel bars present in the 1998 photograph, both north and south of the Site, show vegetation encroaching on the channel by 2010. Gravel mining on the east side of the river has continued to expand, particularly in the Newland Ponds complex, but extraction operations to the south of the Site appear to have been discontinued. Discussion of Observed Changes The most significant change to the Yakima River's morphology in the period from 1955 to 2010 is a transition from an anabranching stream to a single primary channel with auxiliary channels activated at higher flows. In addition, the primary channel also straightened considerably. Channel sinuosity9 in 1955 ranged from 1.11 to 1.12 depending on the subchannel measured. By 1968, channel sinuosity had decreased to 1.05 and by 1978 it was 1.03. Total channel 9 Channel sinuosity is defined as the ratio of the total channel length to the linear distance the channel crosses 1200716 Phase 1 _BODR.docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 9 1 t L�� 1 r, 1 1 {3 i sinuosity over the studied reach showed an increase in 1998 over previous years, but the increase is an artifact of the analysis, which included a portion of the river north of the SR 24 bridge, thereby "increasing" channel sinuosity in the northern half of the image to 1.25. In the southern half of the image, channel sinuosity is approximately 1.01. _ These changes in channel form reflect management actions that have locked the channel position in several locations and the fluvial response to these changes. Historically, the narrow and relatively shallow subchannels of the anabranching Yakima River continuously reworked floodplain and channel - island alluvium, moving a fairly large sediment load downstream. The addition of levees in the reach of interest and upstream, combined with the restriction of flows under the SR 24 bridge, has caused sediment loads on the north side of the bridge to decrease and has resulted in significant increases in the river's ability to transport sediment on the south side of the bridge. This increased erosive power drove the erosion along the river's western edge. The levee protecting the WWTP facilities has been damaged and repaired several times over the past decades as a result of the Yakima River's erosive power in this location. In addition to repairing that levee, the riverbank below the levee was also armored to further protect infrastructure investments. Without additional sediment loading, armoring of the 'riverbank in this location has simply pushed bank erosion and channel incision to new locations that have not already been armored in some form. 2.1.2.2 Sediment Transport Fluvial processes are driven by a river's available sediment supply.. Reductions in sediment. supply induce channel incision, reduce complexity, and disconnect the river from the floodplain (Stanford et al., 2002). The Yakima River sediment supply has already been reduced through the process of limiting channel migration, armoring banks, and constructing dams and diversions upstream. According to research performed by Stanford et al. (2002), the current sediment load is approximately 45% of the historical supply. 2.2 Project Site and Restoration Site Characteristics The information provided in this section represents work conducted on and data reviewed for the 79 -acre Site. Some but not all of these activities occurred within the 30 -acre restoration site. 2.2.1 Site Descriptions _.._. _.. _._.. _.. ._._._.._..__.. _...__.. _.. The Site includes the floodplain south of the WWTP and adjacent to the Yakima River between River Miles 109 and 110. The Phase I: Billy's Pond restoration site'encompasses approximately 30 acres within the Site. Refer to Section 1.1 for a description of the physical setting. 1100716_Phasel _BODR.d,,cx r City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 10 • !1 ! The Site is an historical floodplain of the Yakima River and within the 100 -year floodplain identified by FEMA (Figure 2). During periods of high river stage, the floodplain is inundated primarily by backwatering, which drains again as river stage decreases. Events such as the 1996 flood result in flowing water that inundates the Site. In 1996, flooding on the Gap to Gap reach of the Yakima River eroded nearly 2 feet from the Site. The present ground surface has since been brought back up to pre -1996 elevations with the application of clean topsoil fill by the City. The present ground surface slopes to the south at a gradient of approximately 0.11% (Table 1). In this reach of the Yakima River, the water surface gradient is approximately 0.08 %. Prior to 1972, the Site was used as a sprayfield for the application of fruit processing wastewater (City, 2012). The fruit processing waste stream was eventually diverted for treatment at the WWTP. The Site was subsequently used by the City as a hayfield from approximately 2000 to 2010. An underground piped irrigation system with upright, aboveground sprinklers was used to irrigate the hay. The underground irrigation system remains, but the uprights have been removed. The former hayfield is vegetated with non - native weeds, alfalfa, grass, and elms. Some native species of trees and brush, such as black cottonwoods, willows, roses, and flowering currants, grow at the margins of the hayfield. Soil testing of field topsoil demonstrated that it does not contain toxic compounds, and the soil fertility is adequate to support native riparian vegetation (Ridolfi, 2012). Billy's Pond is an approximately 4 6 -acre manmade, open water feature that resulted from gravel mining. The pond, which is groundwater -fed, flows through a concrete weir, then discharges through two 40- foot -long corrugated culverts, under the Greenway Trail, to a manmade ditch that in turn flows to a side channel of the Yakima River. Although the culverts provide drainage for the pond, they are a barrier to upstream fish passage (YTAHP, 2011). Currently, the pond supports warm -water invasive fish species such as carp. The pond has been used in the past by the Yakama Nation to acclimate juvenile Chinook before releasing them to the river (Gray, 2008). Billy's Pond is approximately 5 feet deep, with the exception of the shallower north end, which is approximately 2.5 feet deep. Water levels in the pond are relatively consistent and are controlled by spilling over an outlet weir under low to moderate river stages and by backwatering during higher river stages. Annual fluctuations are on the order of 2 to 3 feet. Billy's Pond currently has an outflow on the order of a few tens of gallons per minute over the outlet weir and through the two culverts at its southern end. There is no surface water source to Billy's Pond; therefore, it is reasonable to assume that the observed outflow is equivalent to groundwater infiltration into the existing pond. Substrates in the pond generally consist of floodplain sediments and river cobbles. 1200716_Phase 1 _BODR.docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 11 1 1 1 1 1 1 I � Nl, -I 11 Billy's Pond is surrounded by a manmade rock and cobble berm. The pond has. steep banks vegetated primarily with emergent noxious weeds along the lower elevations of the banks and non - native tree species such as black locust and Siberian elm along the upper elevations. Based on a previous wetland delineation of the project area, the pond, including the manmade ditch, is rated as a Class III wetland (Gray, 2008). Billy's Pond, including the manmade ditch, is not listed under Title 16 of the Critical Areas Ordinance or Shoreline Master Program for Yakima County (Yakima County, 2011). Water quality testing of the pond resulted in no detection of metals or pesticides (Ridolfi, 2012). The unmaintained revetment that borders the Site to the east ranges from approximately 1 to 3 feet higher than adjacent floodplain elevations. The revetment prism is approximately 10 feet wide across the top and 30 feet wide at the floodplain surface. This revetment separates the floodplain within the Site from the surface waters of the Yakima River. The revetment was built several decades ago to protect gravel mining and other land uses, including agriculture, in the surrounding area. To enhance the effectiveness of this revetment, a channel was constructed along its length to convey river water past the gravel mining and floodplain areas. Although degraded, the revetment and associated channel continue to effectively route water past both the abandoned gravel pits and the Site. The revetment channel is typically activated during high river stages, resulting in a simplified channel devoid of any significant fish habitat. The steep grade of the revetment channel, combined with the uniform armoring along the channel's wetted perimeter, prevents sediment mobilization and deposition .and other natural habitat - forming processes from occurring. This simplified channel and the revetment facilitate aggradation of the large gravel bar east of the revetment channel by conveying moderate flows around the bar and promoting deposition during high flow events. The result is continual scouring of the revetment channel during low flows, and aggradation of the gravel bar during higher flows. Additionally, the levee and southern revetment prevent river water from inundating the Site floodplain (including the restoration site), which would allow more complex and seasonal habitats to form. Channelization, reduction in sediment supply, and channel aggradation are reach -scale problems that restrict natural channel- forming processes and in turn prevent side or off - channel habitat formation and degrade water quality. 2.2.2 Geology Geologic mapping at a basin -wide scale (1:1 million or smaller) by the USGS identified the surficial geology at the restoration site as quaternary loess sediment (Figure 10). Loess source material was identified as glacial outburst flood alluvial deposits that were subsequently exposed and reworked by wind (Vaccaro et al., 2009). Hydrogeologic unit classification by the USGS places the project location in a basin -fill deposit unit. Larger -scale (1:40,000) mapping by the USBR (2010) of the surface units between Selah and Union water gaps has identified surficial units within and adjacent to the Yakima River floodway. 1200716_Phase 1 _BODR.docx r City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 12 RIDOLEI ' The restoration site is located primarily on a quaternary floodplain (Units Qal and Qa2). Active ' gravel bars (Unit Qa3) have been mapped next to the wetted channels (Unit Qa4) as well (Figure 10). Subsurface stratigraphy in a test pit at the project site was identified, logged, and used to create a simplified site stratigraphic column (Figure 11). In addition, the materials excavated from the test pit were documented in photographs (Figure 12). The units identified in the test pit were compared to the previously mapped units identified by the USBR and determined to be older floodplain (Qa1) material composed of unconsolidated sand and gravelly alluvium with gravelly channel components (USBR, 2010). Topsoil at the site ranged from 1 to 2 feet in thickness and consisted of tan to brown silty sand , with some gravel inclusions. Below the topsoil was a tan to light brown sandy silt with gravel inclusions. This second unit was approximately 2.5 feet thick. Some laminations were visible in the second unit's fine - grained material, suggesting a low- energy depositional environment such as a slack water slough, off - channel oxbow, or floodplain. Another 2 feet of poorly sorted brown sand and gravel with visibly imbricated10 gravel and coarse sand lenses followed the tan sandy silt unit. The sand and gravel sizes in the third unit ranged from fine sand up through pebble -sized material, but no cobble -sized inclusions were ' observed. This depositional facies corresponds to a more energetic depositional environment than that for the overlying sand and silt unit, but still contained more fine material than is expected in a main channel deposit. I The final visible unit in the test pit was a dark brown, very poorly sorted mix of coarse gravel, cobbles, and sand. This unit resembled current active channel gravels seen in the Yakima River. Gravel in this unit was very coarse and included a significant fraction of cobble -sized material and little to no fine - grained material. This grain size distribution is indicative of a main channel depositional environment. t The fining- upward stratigraphic sequence observed in the test pit correlates well with an avulsing river channel floodplain. Primary channel deposits were gradually buried by finer - grained material as the main channel avulsed away from the test pit location, first depositing coarse river edge or side - channel material, then finer - grained backwater or overbank flood , deposits. 10 Imbricate sedimentary structure refers to overlapping pebbles all sloping in the same direction The flat sides typically dip upstream in fluvial deposits (Gary et al , 1974) 1200716_Phase1_BODR docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 13 1 n 1 t f] LI t 1 1 2.2.3 Hydrogeology __..._... -- ..._.. - ...._. .t I. — ...._. _.. - - -- ...._..._..._.. _ ......... _...._.. -- ...._.. _...__.._ Six monitoring wells (MW- 01 —MW -06 ) were previously installed by the City in the floodplain south and northeast of the WWTP footprint. To evaluate the influence of the Yakima River on groundwater at the restoration site, historical measurements of groundwater elevation at the monitoring wells was reviewed, and new measurements were taken at three of the four remaining monitoring wells. Figure 1 shows the locations of monitoring wells MW- 03— MW -06. Pressure transducers were installed in monitoring wells MW -03, MW -05, and MW -06 in December 2011 to evaluate river influence on groundwater flow. Measurements of absolute pressure in pounds per square inch (psi) were recorded at 15- minute intervals in all pressure transducers for the duration of the instruments' deployment. These records were then corrected for changes in barometric pressure using observations recorded by the National Oceanic and Atmospheric Administration at the Yakima Air Terminal and compared to river stage measurements made at the USGS gaging station directly upstream of the confluence with Ahtanum Creek (Yakima River - Ahtanum Creek gage; gage number 12500450). Although the river gage and restoration site are separated by approximately 4 river miles, the proximity between the two is considered sufficient to evaluate the relationship between restoration site groundwater and river stage. Groundwater elevations at monitoring wells MW -03 and MW -06 responded to changes in river stage with very little time lag (Figure 13). Some attenuation in signal amplitude was observed in both wells from the change in stage observed in the river. Higher stages (over 41 feet on the Yakima River - Ahtanum Creek gage) in the Yakima River resulted in moderate increases (less than 2 feet) in groundwater elevation farther inland at monitoring well MW -05. Without additional groundwater monitoring locations, it is difficult to determine the maximum distance at which groundwater responds to changes in river stage. After observing changes in groundwater elevation associated with river stage at monitoring well MW -05, the transducer in monitoring well MW -03 was relocated to monitoring well MW -04 to determine whether this well also responds to high stages in the Yakima River. However, insufficient data are available from this well to determine if it is hydraulically influenced by the river. Historical data (Figures 14a and 14b) show general agreement between monitoring wells MW- 01, MW -04, and MW -05 when synoptic measurements were available prior to 1995. MW -05, which is closest to the restoration site, is approximately 940 feet from the river edge. The other two wells are both more than 1,000 feet from the river edge, and all three are located in the older floodplain identified by the USBR (2010). 11 Of these, MW -01 has been decommissioned and MW-'02 is not actively monitored. 1200716_Ph ase 1 _BO D R. docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 14 Combined with the current observations made at monitoring well MW -05, these data suggest that the maximum extent of the river's influence on groundwater below the older floodplain is more than 1,000 lateral feet from the river edge under the restoration site. Anecdotal evidence, such as changes in the water level observed in Billy's Pond that correlate with river stage, suggests that the river's influence may penetrate farther inland in -this area, but this distance has not been well quantified. Review of the groundwater data collected at the site, including synoptic measurements taken during an archaeological survey conducted in May 2012, were used to model the groundwater table surface elevations (Figure 15) and the depth to groundwater (Figure 16) (Reiss - Landreau Research, 2012). Groundwater generally flows across the Site from northwest to southeast. During periods of rising river stage, hyporheic water flows to the southwest and west across the restoration site (Figure 15). Depths to groundwater decrease with proximity to the Yakima River. Along the western edge of the Site (MW -04), the depth to groundwater is approximately 14 feet. Near the eastern edge of the Site near monitoring well MW -06, the depth to groundwater is approximately 2 to 3 feet (Figure 16). 2.2.4 Biological Resources The restoration site is proximate to several important biological resources identified in the Washington State Department of Fish and Wildlife (WDFW) Priority Habitat and Species dataset. These resources include great blue heron colonies, bald eagle communal roosts, and spawning, rearing, and migratory habitats for threatened species such as Middle Columbia River steelhead and Middle Columbia River bull trout, as well as other salmonids and lamprey Ponds along the Yakima River created through gravel mining also support non - native fish species, including carp, bass, and walleye. Beaver and deer have been observed in the area, as have song birds, raptors, terrestrial and aquatic insects, reptiles, and amphibians. The Yakima River and its tributaries support numerous salmonid and other resident fish species, including Chinook and coho salmon, steelhead /rainbow trout, Westslope cutthroat trout, and bull trout. These native and hatchery- produced anadromous species of salmon and trout are found in the Yakima River throughout every month of the year. All of these salmonid species utilize the Yakima River for many phases of their life history. The Yakima River also supports Pacific lamprey, which spawn and rear for several years in inland rivers such as the Yakima and its tributaries. Two trout species (steelhead trout and bull trout) expected to utilize habitat in the river adjacent to the restoration site are federally listed as threatened by the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS) and /or the U.S. Fish and Wildlife Service ( USFWS). Designated critical habitat for these two species includes the Yakima River in the vicinity of the project. The Pacific lamprey is listed as a species of concern by the USFWS and is expected to use the habitat in the river adjacent to the restoration site. 1200716_ Phase 1_ B O D R. d o cx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 15 [I C r_7I n LI 1 1 ;fin* The listed species, their distinct population segment, and.their critical habitat and federal status are summarized in Table 2 (NMFS, 2012; USFWS, 2012). 2.2.4.1 Salmon and -Trout The Yakima River provides salmon and trout with habitat for spawning, incubation, rearing, foraging, migration, and refuge from thermal extremes and predators. Additionally, the Yakima River and its tributaries, including existing off - channel habitat, provide a rich source of prey resources, such as aquatic and terrestrial invertebrates and resident fish, for adult and rearing ' juvenile salmon and trout. These complex off - channel habitat and prey food resources are critical for salmonid growth, resilience, and survival. Fall Chinook spawn and rear in the mainstem of the Yakima River from the mouth to the confluence of the Naches River. Coho ' were reintroduced to the Yakima River in the 1980s and generally spawn in the mainstem of the upper Yakima River, the Naches River, and Ahtanum Creek (USBR and Ecology, 2012). Historically, steelhead populations in the Yakima River basin were robust. However, those populations have declined as the result of several limiting factors that include adverse effects due to hatchery practices; stream flow alterations due to irrigation practices; fish passage barriers in the form of large to small irrigation diversion dams, culverts, and storage /reservoirs; loss of floodplain and riparian habitat due to diking and land use practices; lack of channel ' complexity and diversity; and other factors such as reduced beaver populations, introduction of non - native species, and increased predation (Conley et al., 2009). F, P, The Yakima River and its tributaries provide steelhead with a wide range of habitats, including the large mainstem channels, small intermittent streams, and channelized activated floodplain habitat. Steelhead spawn in the mainstem of the upper Yakima River and upper Yakima tributaries generally from January through early June (Conley et al., 2009, WDFW, 2012). The spawning populations nearest to the restoration site are found in the Naches River basin and Ahtanum Creek. The Gap to Gap reach of the Yakima River provides steelhead with habitat for adult migration and staging areas for pre- spawners and for juvenile rearing, foraging, and migration. Although spawning has not been documented in recent surveys of the limited existing habitat in the Gap to Gap reach and the vicinity of the restoration site, it is expected that spawning would occur with access to enhanced off - channel habitats that, include appropriate gravels and substrates (Reiss, personal communication, 2012). 1200716_Ph2sel _BODR.d ocx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 16 RIDOLFI Bull trout exhibiting fluvial life history forms occur in the upper mainstem of the Yakima River, but are encountered infrequently. WDFW is uncertain of when or where these fluvial bull trout spawn, but suspect that spawning occurs in upper tributaries during the fall months (USFWS, 2002). Although it is expected that bull trout historically migrated from the upper tributaries to the mainstem Yakima River and downstream to the Columbia River to overwinter and forage, this type of migration has been severely impacted by fish passage impediments. Migration between the lower Yakima River and upper Yakima River, including tributaries, is expected to be isolated because of fish passage impediments (including thermal barriers), habitat fragmentation, and water quality degradation (USFWS, 2002). 2.2.4.2 Lamprey Pacific lamprey populations in the Columbia and Yakima river basins have been adversely impacted by development, pollution, over harvesting, and dam construction, which blocked miles of spawning habitat (Moser and Close, 2003). Although some dams contain fish passage facilities, they have been designed to accommodate migrating adult salmon. These fish passages are detrimental to Pacific lamprey, and studies are underway to create more lamprey - friendly passages in the form of redesigned passage and collection devices., Additionally, the effect of reducing flow velocities at the entrances of the passages is being studied (Moser and r Caudill, 2009). The Yakama Nation is in the process of developing plans for lamprey recovery in the Yakima Basin (USBR and Ecology, 2012; Yakama Nation, 2011). t Pacific lamprey have spawning and adult migration habitat needs similar to those of salmon and trout. They generally enter rivers between February and June and remain in freshwater for up to one year before spawning between the months of March and July (Luzier et al., 2011). After hatching, larvae, or ammocoetes, burrow into muddy or sandy substrates and rear for four to seven years as filter feeders, primarily consuming algae, diatoms, detritus, and zooplankton, before they metamorphose into the juvenile, or macropthalmia, stage and migrate to the ocean. Downstream migration of metamorphosed Pacific lamprey generally occurs from October through April under the cover of night. After metamorphosis, juveniles move to swifter water and burrow in cobble and boulder substrates during their outmigration (Close et al., 1995; Wydoski and Whitney, 2003). 2.2.4.3 Designated Uses Ecology has developed marine and freshwater surface water quality standards that incorporate both numeric and narrative criteria designed to protect designated uses (sometimes referred to as beneficial uses), including public water supply; fish, harvesting, and wildlife uses; and recreational, agricultural, industrial, and navigational uses, as well as aesthetics (Ecology, 2012). Use designations for the mainstem Yakima River in the Gap to Gap reach include 1 spawning and rearing habitat for salmonids, recreation, water supply, and other miscellaneous uses including but not limited to wildlife habitat and harvesting. Table 3 provides an overview of the aquatic life criteria for the Yakima River. City of Yakima wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report 1200716_Phase1 _BODR.docx July 2012 Page 17 RIDOLFI The Phase I. Billy's Pond Restoration project will make long -term improvements and additions to habitat suitable for Pacific lamprey, bull trout, and steelhead by restoring off - channel floodplain habitat; allowing hyporheic connectivity between the river and floodplain; enhancing water quality; providing thermal refuge; and creating new areas for rearing, foraging, and sheltering from predators. This type of diverse, high - quality habitat supports the designated ' uses of the Yakima River. Additionally, while portions of the Class III wetlands along Billy's Pond will be disturbed during construction, the long term effects of the project will enhance and create a larger area of more functional wetland and riparian habitats comprised primarily of native species. 1 1 1 1200716 Phase 1 _BODR.docx 1 City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 18 -�: N3i ESI.GNAL�TERNATIUES g , * ,,., ,e:. r�rr.,€ ras,+ aacM. x rtiw" s. .. ,;I sr : i1 3.1 Preliminary Design Alternatives Several design alternatives were considered for this restoration project. All of the designs shared the common goals of enhancing available off - channel habitat for native and threatened species within the Gap to Gap reach of the Yakima River and supporting designated uses. Based on the site characterization summarized in Section 2, two design alternatives have been selected for further consideration, which is presented here. In addition, a traditional "No Action" alternative, which acts as a baseline against which the active alternatives can be compared, is also presented here. 3.1.1 No Action Alternative _.. _.. __...._.. .._ ....... ..... .... .. _. _.._.. - _..._ _....__.. _.. _...._.. Selection of the No Action alternative would result in no new habitat in the WWTP floodplain. In its current state, the floodplain contains Class III wetlands dominated by noxious weeds in Billy's Pond and the manmade ditch. Most of the remaining floodplain is undifferentiated, relatively arid land with a mix of low- profile invasive vegetation. The No Action alternative would leave the existing wetlands undisturbed. Priority habitat species such as salmonids, bald eagles, and great blue herons would also be protected from disturbance. However, Billy's Pond would remain isolated from the river and the majority of the floodplain would remain relatively barren ecologically. Additionally, this area has been considered several times for potential commercial /retail development and for use as a recreational sporting complex. Selecting the No Action alternative could increase the likelihood that the area would be developed and removed from green and open spaces. The result could be less floodplain and riparian habitat in the Gap to Gap reach of the Yakima River. 3.1.2 Sinuous Flowing Channel The Sinuous Flowing Channel alternative consists of constructing a new flowing channel through the floodplain and current Billy's Pond location to connect to the mainstem channel of the Yakima River. The footprint of Billy's Pond would be significantly reduced or eliminated. Flows in the channel would be derived from the interception of groundwater and hyporheic water from the Yakima River. This alternative would provide some new riparian habitat in a corridor along the new channel, as well as new native fish habitat in the channel itself. Evaluation of this alternative indicates that maintaining an adequate inflow to the single sinuous channel by intercepting groundwater at the restoration site may prove to be difficult and could ultimately result in flows that are inadequate to provide suitable habitat for native fish species. Additionally, construction of a sinuous flowing channel would limit the total amount of new 1200716_Phasel _BODR.docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 19 L f' 1 1 J 1 r 1 1 ' habitat, because the creation of new habitat would be limited to the length of the newly constructed channel banks. ' The wetted perimeter of a sinuous flowing channel must remain relatively short to promote higher in- channel flow velocities (by restricting the cross - sectional area). This would leave ' increasing the channel sinuosity and total length as the only option to increase the total restored area. However, increased channel length would necessitate a reduction in channel slope, and this would in turn lead to a reduction of in- channel flow velocity, or extensive backwatering due ' to the relatively flat topography of the site, observed groundwater depths, and nearby river surface elevations. ' Finally, the morphology of a single, low- energy, highly sinuous lowland stream is contrary to the active, anabranching channel morphology seen in the mainstem Yakima River. As a result of this relative incompatibility, a restoration based around a single, highly sinuous flowing channel could be destroyed by a high flow event in the mainstem Yakima River. This scenario is similar to what was observed at Uvas Creek in 1996, where a single meandering channel was constructed in an historically shallow, sand and gravel braided channel system. The project ' was undertaken to improve steelhead trout habitat. However, in the winter following completion of construction, the entire restored channel was washed out and denuded by a 6 -year flow. ' Subsequent flows during the winter of 1997 further eradicated any traces of the restoration project (Kondolf et al., 2003). ' 3.1.3 Naturalized Channel Complex The Naturalized Channel Complex alternative consists of naturalizing Billy's Pond to mimic abandoned channels and pools of the Yakima River. The pond would be reconfigured to incorporate islands, pools, and channels to provide diverse and complex off - channel habitat that would be groundwater -fed. ' The outlet channel from Billy's Pond would be smoothed out and the culverts removed to eliminate barriers to fish passage. The pond's footprint would expand, incorporating three "forks" or "spring creek channels" extending into the floodplain. To support the development of diverse and complex aquatic habitat, the channels and reconfigured pond would include habitat benches for emergent vegetation, large woody debris, and boulders as shown in the conceptual cross section of a spring -fed channel illustrated on Figure 17. Substrates in the pond and the emergent and riparian vegetation would support diverse prey production in the form of aquatic and terrestrial invertebrates. The morphology of the restored Billy's Pond would mimic existing channels and paleochannels of the Yakima River by design. The naturalized channel complex would be constructed with a range of bottom depths to provide both forage and refuge habitats for native fish, as well as opportunities for the development of new riparian habitat, including cottonwood recruitment. 1200716_Phase 1 _BO DR.docx 1 City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 20 RIDDLFI Because of the perennial groundwater connection provided by this alternative, the restored ' habitat would not be dependent on a continuous minimum flow of surface water to provide productive habitat throughout the year. Additional infiltration from the Yakima River hyporheic zone, and increases in restored complex water elevations, could occur during high stage events ' in the Yakima River. These changes in site water levels would provide seasonal fringe habitats and off - channel refuge for adult salmonids and outmigrating juveniles. Further habitat 1 enhancement would include the placement of large woody debris and boulders to provide several tiers of foraging and refuge habitat for native aquatic species. 3.2 Preferred Design Alternative The Naturalized Channel Complex alternative has been identified as the preferred alternative for restoring Billy's Pond because this design offers several advantages over the Sinuous Flowing Channel alternative, including better performance under high flow conditions and compatibility with native materials and vegetation at the restoration site. The Naturalized Channel Complex alternative also provides more diverse and complex floodplain habitat for aquatic and terrestrial species; increased total area for riparian restoration and cottonwood recruitment; and better utilization of site topography and groundwater conditions. In addition, the preferred design alternative will allow for several water depths that support a diverse suite of off - channel habitats including spawning, rearing, forage, and refuge for native migratory and resident fish species. Refuge from predators will also be provided, and groundwater infiltration into the restored Billy's Pond and channel complex will provide important thermal refuge for native fish species. Design considerations evaluated for the preferred alternative are discussed below. Preliminary design drawings are provided in Appendix B. 3.3 Design Considerations 3.3.1 Groundwater Contributions Billy's Pond currently has an outflow on the order of a few tens of gallons per minute through two corrugated culverts at its southern end. There is no surface water source to Billy's Pond; therefore, it is reasonable to assume that the observed outflow is equivalent to groundwater infiltration into the existing pond. Construction of the naturalized channel complex will increase the total length of the existing degraded aquatic habitat by approximately 600 feet, making the total project length approximately 1,700 feet. The depth of excavation will be 1 to 2 feet below the seasonal groundwater elevation low. Based on data collected at monitoring wells MW -05 and MW -06, this depth is approximately 8 to 10 feet below the ground surface. During periods of higher groundwater elevation, such as the early summer and the height of irrigation season, the water will be approximately 4 feet deep. This design depth ensures that the restored Billy's Pond will 1200716_Phasel _BOOR.docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 21 F 1 1 Ll not run dry during any season and has no risk of water loss into the surrounding geologic formation during low water conditions. Groundwater inflow to the naturalized channel complex depends on the hydraulic conductivity of the surrounding soils, as well as the depth of excavation, total project length, and groundwater gradient. Hydraulic conductivities for local alluvial soils in the Yakima Valley range from less than a foot per day to over 2,000 feet per day. Because hydrogeologic conditions are expected to vary across the restoration site, infiltration into the restored Billy's Pond complex will vary as well. The project will continue to receive some groundwater infiltration along its western boundary throughout the year by design. This continuous supply of fresh groundwater will prevent formation of anoxic conditions in the benthic zone of the pond. Site - averaged hydraulic conductivity values provide means of estimating the expected infiltration over the channel complex. Average values for basin fill deposits in the Yakima Valley have been estimated to range from 100 to 800 feet per day depending on location (Vaccaro et al., 2009). Based on these observed conductivities, groundwater inflows to the naturalized channel complex were estimated to be up to 1.2 cfs (Table 4). 3.3.2 Backwaterin 9 A significant portion of the naturalized channel complex will remain submerged throughout the year by design. Some flow from the north end to the south will occur as a result of groundwater and hyporheic water infiltration into the excavated channels; however, base flows into the channels are not expected to exceed an estimated 1.2 cfs. Stage increases in the Yakima River may result in higher surface water elevations in the restored pond as river water floods lower elevation portions of the floodplain or hyporheic water elevations increase. High water conditions will provide seasonal aquatic fringe habitat and should not compromise the quality of existing perennial habitats. Water exchange during high flow events with the banks of the naturalized channel complex is expected to show hysteresis12 similar to that observed in the mainstem Yakima River. Storage of surface water in the surrounding formation will result in increased infiltration and drainage back into the project as the river stage drops. Because reduced groundwater flows are expected to occur only during periods when the Yakima River floods the area with high -stage backwater, the potential for anoxic - benthic conditions, or stagnation, is considered very low. As the river stage drops, the project water level will drop, and groundwater infiltration back into the project will temporarily surge. 12 Hysteresis refers to a system where the current behavior depends on both present and past conditions. For example, groundwater discharge from the banks of the Yakima River is dependent on the past river stage, current river stage, and current soil moisture content. City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report 1200716_Phase1_BODR.docx July 2012 Page 22 3.3.3 Avulsion and Infrastructure Risk _ ... ........ The restored Billy's Pond will be located behind an existing levee and revetment, and it is not expected to be exposed directly to turbulent flows during normal or flood stages. The channel closest to the river will be on the order of 800 feet from the bank. Most of the intervening floodplain is flat, with low standing vegetation and invasive grasses that equate to a Manning's roughness coefficient 13 of 0.05 (Arcement and Schneider, 1989). Future second and third phases of the Floodplain Restoration and Outfall Alternative Project will include removal of the revetment, at which time reevaluation of the floodplain roughness and avulsion risk will be necessary. However, additional recruitment of riparian vegetation and construction of additional topographic relief in the floodplain are expected to take place in the intervening time period, substantially increasing the floodplain's roughness and corresponding resistance to flow. Furthermore, future avulsion of the Yakima River mainstem channel to the east — as is predicted by the USBR (2010) — would result in less energetic flows reaching the WWTP floodplain, less avulsion risk, and lower resistance to flow requirements than would be required if the levees were removed at present. Risk to infrastructure posed by construction of the Naturalized Channel Complex alternative is minimal because the restoration site is within the established floodway for the Yakima River, where development other than gravel mining has been minimal. The restoration site is downstream of the WWTP industrial complex and high- tension power lines that cross the floodplain. Interstate Highway 82 is outside the 100 -year floodplain to the west, and no significant infrastructure is located downstream of the site for several miles until after the Yakima River crosses through Union Gap. 3.3.4 Mainstem Connection Connection of the Billy's Pond restoration site with the mainstem Yakima River will occur by removing the culverts at the existing manmade ditch that is connected to the revetment channel, which ultimately runs to the mainstem. The channel entrance is of particular importance because it provides the most critical link between the restoration and the existing river channel system. Therefore, juvenile and adult fish recruitment is a principal confluence design consideration. The connection will be made in a relatively low flow area, reducing dilution of the groundwater- augmented outflow, and will be excavated to a depth that ensures at least 18 to 24 inches of water depth throughout the year for fish passage. 13 Manning's roughness coefficient, n, describes resistance to flow due to the roughness of an open channel or floodplain's wetted perimeter 1200716_Phase 1 _BOD R.docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 23 ' Beavers have been active near the outlet of Billy's Pond in the past (Anderson, personal communication, 2012) and beaver damming may pose some risk of blocking the new connection with the mainstem. Beaver activity will be monitored as part of post- construction ' maintenance, and beaver dams may be altered if necessary to provide ongoing passage for fish. However, such alterations would be considered only if fish passage were known to be completely inhibited, because beaver dams are otherwise favorable deposits of large woody ' debris with significant habitat value. 3.3.5 Habitat Considerations The W's Stream Habitat Restoration Guidelines (WDFW, 20 12) and Integrated Stream Protection Guidelines (WDFW, 2003) were referenced throughout the design process, and several habitat types as controlled by water depth and velocity, vegetation type, and physical structures were identified as desirable inclusions for the restored Billy's Pond and channel complex. These habitats include native fish rearing, forage, and refuge environments. To support the development of diverse and complex aquatic habitat, the channels and reconfigured pond will include habitat benches for emergent vegetation, large woody debris, and boulders. By incorporating a variety of water depths and groundwater infiltration into the design, these ' habitats should be present perennially. ' Hysteresis associated with changes in river flow, as well as seasonal changes in groundwater elevations, will provide seasonally variable habitat that supports recommended management strategies for native fish (e.g., providing off - channel habitat refuge, forage habitat during winter months, and thermal refugia in summer months) (Booth and Jackson 1997, Mantua et al., 2009). Placement of large woody debris and boulders in the reconfigured Billy's Pond and channel complex will provide a variety of additional refuge from diving ducks and other predators and forage habitat for native fish. Invasive carp and other non - native sport fish will be eradicated ' from Billy's Pond before construction of the restored complex. The relatively low- energy environment in which the features will be placed should allow for optimal habitat construction as ' opposed to the more heavily reinforced design that would be needed to withstand more energetic flows. ' 3.3.6 Construction Considerations _..._.. _._.. .._..._. _...._._....__.. _ ...... _. ..... _.._...._...._...._.. _...._..._.._..__.__.._...._ .._.. Several construction issues have been given special consideration. Construction sequencing has been developed to minimize the release of turbid water into the Yakima River and to ' promote construction of high - quality habitat. The design drawings (Appendix B) provide specific information on the shape and depth of the excavated channels and associated habitat benches, the drop structures, large woody debris, and boulders intended to encourage habitat complexity ' in the channels; the reconfigured pond with large woody debris and boulders; and the existing City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report 1200716_Phasel_11ODR.docx July 2012 Page 24 . RiDOLFI , 1 weir, culverts, and manmade ditch. The general construction sequence proposed for the I restoration project is summarized below: • Install construction fence along the south and west sides of Billy's Pond. I' • Install temporary erosion control, dewatering pumps, and silt fence and construct temporary sedimentation pond near the 40 -foot long culverts to prevent release of turbid water to the Yakima River. • Lower the elevation of Billy's Pond using dewatering pumps. • Construct the temporary alignment of the Greenway Trail. • Block the outlet channel with a berm and silt curtain. ' • Fully drain Billy's Pond. • Excavate the former Spring Creek channels and regrade Billy's Pond. ' • Install drop structures, large woody debris, boulders, and benches. • Clean substrate gravel for Billy's Pond as needed. • Remove foot bridge, culverts, and outlet weir for Billy's Pond outlet channel. ' • Improve Billy's Pond outlet channel with drop structures and realign channel. • Remove berm, sumps, and dewatering infrastructure. • Apply mulch and complete final erosion control. ' • Begin planting. • Remove remaining erosion control measures. I A considerable volume of material (estimated to be between 30,000 and 35,000 cubic yards) will be excavated during construction. Observations of floodplain test pits suggest that much of the ' material will be suitable for on -site sorting and reuse as substrate cobbles and gravels, bank armor, and other substrate (Figures 11 and 12). To minimize the effects of construction, activities such as staging, cleaning, maintenance, refueling, and fuel storage will take place in a designated vehicle staging area. Equipment to be operated in -water will be cleaned beforehand to remove external oil, grease, dirt, mud, and invasive species. Operation of construction equipment and foot traffic will be restricted to designated areas. Public access will be blocked by temporary construction fencing. ' Construction activities may affect listed bull trout and steelhead trout in the short.term. However, the long -term benefits will include enhancing off - channel habitat. Efforts to avoid or , minimize short -term impacts will be integrated with construction timing and in general include the following actions: • Conduct the majority of the work "in the dry " • Isolate the work area from the existing manmade channel that discharges to the Yakima ' River. City of Yakima Wastewater Treatment Plant ' Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report 1200716_Phasel_BODR . docx July 2012 Page 25 1 • Remove culverts and create fish passage during the WDFW- approved in -water work window for the Yakima River (June 1 — September 15). • Work when stream flow is seasonally low to reduce turbidity impacts. • Work when bull trout and steelhead trout are least likely to be in the project area. • Use best management practices for erosion and pollution control. • Use dewatering methods as outlined in WDFW (2012). • Use WDFW- approved fish salvage methods if bull trout or steelhead trout are . encountered in the project area. 3.3.7 Climate Change Impacts _. -- ..._..---- - ------ __.. - ........ ._....__....__...._.. Future changes in climate are expected to impact both the Yakima River Basin and the restoration site. While changes in precipitation, runoff, and the availability of water cannot be known with certainty, general trends and predicted changes can be identified. At the broadest level, a shift to a warmer and drier climate in an already semi -arid location will result in reduced mean annual runoff and mean annual sediment yield (Knighton, 1998). ' The impact of climate change in Washington State is not expected to be uniform. Research by Mantua et al. (2009) suggests that changes in river flow and thermal regimes will be most keenly felt in Eastern Washington and the Columbia River Basin, where rivers are primarily ' transient runoff regimes 14. Expected changes include late summer and fall flows that are lower for a longer time and water temperatures that are warmer than they have been historically. Reduced flows and higher temperatures are expected to put additional stress on salmon and 1 1 other anadromous fish that spawn in interior basin rivers during these times. Larger winter floods also may prove problematic because these events occur during a critical period of rearing for juvenile salmon and may be lethal for some individuals. Isaak et al. (2011) identified a consistent relationship between air temperature and stream water temperature on relatively large, unregulated rivers in the Pacific Northwest, but the relationship was not significant on regulated rivers. The Yakima River is already regulated both on the main channel and on the tributary Naches River, obscuring the correlation between air and water temperatures. Additionally, the Yakima River has exhibited hysteresis both over the entire reach and on a local scale at the restoration site (Mantua et al., 2009; Vaccaro et al., 2009). Groundwater discharge into the river channel and cooler tributary discharge into the main channel provide some thermal buffering for fish and attractive incubation conditions (Fausch et al., 2002), particularly in the late summer. 14 Transient stream flows are defined as rivers and streams that are strongly influenced by a mix of direct runoff from autumn rainfall and springtime snowmelt. 1200116_Phas. _BODR.dou 1 City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 26 Mitigating the effects of climate change within the Yakima River Basin poses a number of challenges. Not only are environmental conditions less favorable to native fisheries, but demands for additional surface water by irrigation and municipal users are projected to increase (Mantua et al., 2009; USBR and Ecology, 2012). The USBR and Ecology (2012) estimate that without additional surface storage, prorating of water for irrigation will be limited to between 21 % and 80% of the total water allotted. The same study did not quantify stream flows under the climate change scenarios evaluated, but made a general prediction that "poor stream flow conditions are likely to continue and potentially worsen." Management strategies recommended to help preserve viable seasonal flows and thermal conditions include increasing off - channel habitat in floodplains to provide fish with refuge from high- energy flows, reducing out -of- stream withdrawals during periods of high temperature, and restoring hysteresis to rivers where it has been interrupted by groundwater drawdown or increases in a watershed's impervious surface area (Booth and Jackson 1997; Mantua et al., 2009). Restoration of Billy's Pond to a naturalized channel complex is well suited to addressing some of the problems presented by climate change. The new off - channel habitat is expected to provide winter refuge for adult and juvenile fish that shelters them from high- energy flows and thermal refuge for adults and juveniles during lower -flow summer and fall months. Preservation of the floodplain as open, permeable land will also continue to support hysteresis in this reach of the Yakima River. 3.4 Permitting This section summarizes the permitting requirements anticipated for the Floodplain Restoration and Outfall Alternative Project, with a focus on Phase I: Billy's Pond Restoration. Detailed information pertaining to the Phase I permits is available in other project documents and the permit applications. All permits must be obtained before construction begins. The project will involve dredging and filling in waters and wetlands of the United States, which are regulated under the Clean Water Act, Section 404, and the Rivers and Harbors Act, Section 10; these activities require USACE permit approval. Habitat restoration projects such as this one qualify for a streamlined permitting process designed to satisfy the Endangered Species Act (ESA). To satisfy USACE permit requirements and ESA Section 7 consultation requirements and to facilitate a streamlined permitting process, a Fish Habitat Enhancement Joint Aquatic Resource Permit Application (JARPA) and a Specific Project Information Form (SPIF) will be submitted to the USACE for consideration. If the USACE finds that the project meets the requirements of the Programmatic Biological Assessment (PBA), the SPIF will be sent to USFWS and NMFS for approval within 30 days of receipt. If the project does not meet the requirements of the PBA, 1200716_Phasel _BODR.docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 27 1 , the USFWS and NMFS will request individual consultation and a Biological Evaluation will be written and submitted. The individual consultation process would require more than 30 days. Most local, state, and federal permit applications will be covered by the JARPA, including the following: • Local — Floodplain Management Permits and /or Critical Areas Ordinances • State — Hydraulic Project Approval; WDFW has 15 days to determine whether the project qualifies for streamlined processing and must give or deny approval within 45 days • State — Shoreline Management Act Permit (including Substantial Development, Conditional Use, Shoreline Variance Permit, or Exemption); the Phase I• Billy's Pond Restoration may be exempt from all but the Conditional Use Permit or Shoreline Variance Permit under local shoreline master program • Federal — Section 401 of the Clean Water Act Water Quality Certification • Federal — Section 404 of the Clean Water Act Permit: Discharge of Dredge and Fill Material • Federal — Section 9 of the Rivers and Harbors Act Permit The streamlined JARPA permit also provides exemption from the State Environmental Policy Act and exemption from all local government permits and fees. Other local permits that may be required include Clearing and Grading Permits and permits for compliance with other local Critical Area Standards. The project is required to comply with Section 106 of the National Historic Preservation Act, ' providing for review, analysis, and consultation with the Washington State Department of Archaeology and Historic Preservation and the Yakama Nation regarding possible ' archaeological and cultural resources. This process is initiated by the USACE based on information and documentation that will be supplied to the USACE regarding resources in the area of potential effects. 1 1200716_Phase1 _BODR.doox City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 28 -�- '!- .' ..,yew �3 :.,t'r •. - .Yq - � „'a . &. `�' Extensive levee construction and channelization over the past 100 years has effectively disconnected the Yakima River from its historical floodplain. The proposed Gap to Gap Levee Setback Project is in part focused on mitigating some of these historical changes in an attempt to support designated uses of the Yakima River and to restore some of the natural fluvial processes that have been curtailed. These actions will provide local residents with some I' increased measure of flood protection and may offer significant savings to the general public in the form of reduced maintenance and repair of river- or flood- damaged infrastructure. 1 In support of the proposed levee setbacks, the City of Yakima is currently pursuing an opportunity to restore off - channel habitat in the City -owned floodplain to the south of the WWTP ' as part of a three -phase project. Phase I: Billy's Pond Restoration will reconfigure Billy's Pond, an existing open water body in the floodplain, into a naturalized channel complex. This restored complex is intended to support designated uses for the Yakima River by reconnecting a section I' of the existing floodplain with the Yakima River to provide new, off - channel aquatic and riparian habitat to native species in the Yakima River Basin. The restored complex will provide rearing, , foraging, and sheltering environments for salmonids, bull trout, and steelhead as well as expand the total acreage of riparian habitat in the river corridor. I Restoration of Billy's Pond will consist of constructing a naturalized channel complex in the location of Billy's Pond. The naturalized channels will be excavated to a depth of 2 feet below the seasonal groundwater elevation -low, creating new, perennially wetted channels that are I' directly connected to the mainstem of the Yakima River. This channel geometry will support groundwater infiltration throughout the year, providing a thermal refuge for native fish as well as forage and rearing habitat in the lower portions of the restored complex. The proposed configuration will require minimal maintenance and will remove existing barriers to fish passage that currently impede native species from accessing Billy's Pond. i 1 Billy's Pond lies within an older floodplain of the Yakima River in basin -fill deposits with moderate to high hydraulic conductivity. Moving up through the stratigraphy at the Site, coarse alluvial gravels are overlain by progressively finer overbank deposits. This observed ' stratigraphy is consistent with alluvial deposits in a historical floodplain. Based on published values from the USGS (Vaccaro et al., 2009), the surrounding formation will deliver ' approximately 1 cubic foot per second of groundwater into the naturalized channel complex. Groundwater data indicate that the Yakima River influences groundwater elevations as much as 1,000 feet from the river edge, a distance that covers the majority of the restoration site. Additional hyporheic flows are expected to augment groundwater infiltration, ensuring an adequate supply of water to maintain perennially wet and thermally regulated channels in the restored Billy's Pond. 1200716_Phasel_BODR docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 29 i i i 1 Proposed construction sequencing of the restoration project incorporates several special considerations that include minimizing the release of turbid water in the Yakima River and working "in the dry" to allow construction of several types of aquatic habitat that incorporate large woody debris, boulders, and other typical features seen along the Gap to Gap reach. The excavated material generated at the restoration site will be sorted and cleaned as needed for reuse within the restored complex. Surface soil samples indicate that this native material is free of contamination and suitably fertile to support a native assemblage of riparian vegetation. The restored habitat will be in a protected location that poses little to no risk of promoting channel avulsion in the mainstem Yakima River or damage to downstream infrastructure. While some existing Class III wetlands will be disturbed during construction, the project will significantly expand aquatic, riparian, and fringe habitats in the existing floodplain. Restoration of Billy's Pond is consistent with many of the recommendations that have been previously made to support designated uses in the Yakima River Basin and to mitigate climate change impacts to native fisheries. These functions include restoring hysteresis to the Yakima River and creating additional off - channel forage and rearing habitat. 1200716_Phase 1 _BODR.docx 1 City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 30 5 0.: REF REN'GES� k s a i� ��'r� � -- � F ol, si Y�i'� Y1 # e�1wa6sr .'It� Anderson, Ryan. 2012. Utility engineer, City of Yakima Wastewater Division. Personal communication to Eric Buer, Ridolfi, inc. February 16. Arcement, G.J., and V.R. Schneider. 1989. Guide for Selecting Manning's Roughness Coefficients for Natural Channels and Flood Plains. U.S. Geological Survey Water - Supply Paper 2339. United States Government Printing Office. Booth, D.B., and C.R. Jackson. 1997. Urbanization of aquatic systems: degradation thresholds, stormwater detection, and the limits of mitigation. Journal of the American Water Resources Association, v. 33, no. 5, p. 1077 -1090. October. City of Yakima (City). 2012. Yakima Regional Wastewater Treatment Facility. Available at: http: / /www.yakimawa.gov /services /wwtp/ Accessed: February 29, 2012. Close, D.A., M.S. Fitzpatrick, H.W. Li, B. Parker, D. Hatch, and G. James. 1995. Status report of the Pacific lamprey (Lampetra tridentata) in the Columbia River basin. (Project No.94 -026, Contract No. 951319067). Prepared for U.S. Department of Energy, Bonneville Power Administration, Portland, Oregon. Conley, A., J. Freudenthal, D Lind, P. Mees, and R. Visser. 2009. 2009 Steelhead Recovery Plan, Final. August. Fausch, K.D., C.E Torgersen, C.V. Baxter, and HW. Li. 2002. Landscapes to Riverscapes: Bridging the Gap between Research and Conservation of Stream Fishes. Bioscience, v.52 n. 6; pages 483 -498. Gary, M., R. McAfee, and C. Wolf (editors). 1974. Glossary of Geology. American Geological Institute, Washington D.C. Falls Church, VA; Third Printing. Gray, G. 2008. Wetland and Stream Report, Yakima Youth Soccer Complex Project, City of Yakima, Yakima County, Washington. June. Isaak, D.J., S. Wollrab, D. Horan, and G. Chandler. 2011. Climate change effects on stream and river temperatures across the northwest U.S. from 1980 -2009 and implications for salmonid fishes. Climatic Change. Published online, November. Knighton, D. 1998. Fluvial Forms and Processes, A New Perspective. Oxford University Press. 383 pages. 1200716_Phasel_BODR docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's.Pond Restoration Preliminary Design Report July 2012 Page 31 ' Kondolf, G.M., D.R. Montgomery, H. Piegay, and L. Schmitt. 2003. Geomorphic Classification of Rivers and Streams. Tools in Fluvial Geomorphology G.M. Kondolf and H. Piegay editors. Wiley, 688 pages. ' Luzier, C.W. H.A. Schaller J.K. Brostrom C. Cook-Tabor, D.H o , .Goodman, R.D. Nelle, K. Ostrand and B. Strief. 2011. Pacific lamprey (Entosphenus tridentatus) Assessment and Template for Conservation Measures. U.S. Fish and Wildlife Service, Portland, Oregon. Available at: ' http: / /www.fws.gov /pacific/ Fisheries /sphabcon/ Lamprey /pdf /USFWS %20Pacific %2OLam prey% 20Assessment% 20and% 20Template% 20for %20Conservation %20Measures %202 011. pdf Mantua, N., I. Tohver, and A. Hamlet. 2009. Climate change impacts on streamflow extremes and summertime stream temperature and their possible consequences for freshwater ' salmon habitat in Washington State. Climatic Change number 102: pages 187 -223. ' Moser, M., and D. Close. 2003. Assessing Pacific lamprey Status in the Columbia River Basin. Northwest Science. Vol 77, No. 2, 2003. Moser, M., and C. Caudill. 2009. Continuing Research Preliminary Proposal, Improving Adult Pacific Lamprey Passage and Survival at Columbia River Dams — 2010, Study Code: ADS- P -00 -8. July. ' National Marine Fisheries Service (NMFS). 2012. Species Under the Endangered Species Act (ESA). NMFS Office of Protected Resources. Available at: thttp. / /www.nmfs.noaa.gov /pr /species /esa.htm. Reiss - Landreau Research. 2012. A Section 106 Archaeological Review and Inventory of the ' Proposed Phase One Yakima Wastewater Treatment Plant Outfall Project, Yakima, Washington. June Reiss, Y. 2012. Fish biologist, Yakima Basin Fish and Wildlife Recovery Board. Personal communication to S. Duncan, senior fisheries biologist, Ridolfi, Inc. May 3. ' RIDOLFI Inc. ( Ridolfi). 2012. City of Yakima Wastewater Treatment Division Outfall Alternative Evaluation Soil and Surface Water Analytical Results Technical Memorandum. January. tStanford, J.A., E.B. Snyder, Mark N. Lorang, Diane C. Whited, Phillip L. Matson, and Jake L. Chaffin. 2002. The Reaches Project: Ecological and Geomorphic Studies Supporting Nortamive Flows in the Yakima River Basin, Washington. Final Report to the U.S. Bureau of Reclamation and the Yakama Nation. October. ' City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report 1200716_ Phase1_BODR.docx July 2012 Page 32 U.S. Bureau of Reclamation (USBR). 2010. Yakima River Geomorphology and Sediment Transport Study: Gap to Gap Reach, Yakima WA. Technical Report Number SRH -2010- 08. Prepared for the County of Yakima, Washington. November. _ U.S. Bureau of Reclamation (USBR) and Washington State Department of Ecology (Ecology). 2012. Yakima River Integrated Water Resource Management Plan Final Programmatic Environmental Impact Statement Benton, Kittitas, Klickitat, and Yakima Counties. March. U.S. Fish and Wildlife Service (USFWS). 2002. Bull Trout Draft Recovery Plan: Middle Columbia Recovery Unit. October. Available at: http: / /www.fws.gov /pacific /bulltrout/RP /Chapter 21 %20Middle %20Columbia.pdf. U.S. Fish and Wildlife Service (USFWS). 2012. Species Information: Threatened and Endangered Animals and Plants. Available: http: / /www.fws.gov /oregonfwo /Species /default.asp. Washington State Department of Ecology (Ecology). 2012. Surface Water Quality Standards http. / /www.ecy.wa.gov /programs /wq /swgs /index.html. Washington State Department of Fish and Wildlife (WDFW). 2003. Integrated Streambank Protection Guidelines. Washington State Department of Fish and Wildlife (WDFW). 2012. Stream Habitat Restoration Guidelines. April. Wydoski, R.S., and R.R. Whitney. 2003. Inland Fishes of Washington. Second edition, revised and expanded. American Fisheries Society, in association with University of Washington Press. Vaccaro, J., M.A. Jones, D.M. Ely, M.E. Keys, T.D. Olsen, W.B. Welch, and S.E. Cox. 2009. Hydrogeologic Framework of the Yakima River Basin Aquifer System, Washington. Scientific Investigations Report 2009 -5152. Prepared by the U.S. Geological Survey in Cooperation with the U.S. Bureau of Reclamation, Washington State Department of Ecology, and the Yakama Nation. Vaccaro, J.J. 2011. River - Aquifer Exchanges in the Yakima River Basin, Washington. Scientific Investigations Report 2011 -5026. Prepared by the U.S. Geological Survey in Cooperation with the U.S. Bureau of Reclamation, Washington State Department of Ecology, and the Yakama Nation. 1200716 Phase 1 _BODR. docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 33 r 0 Yakima County. 2007. Upper Yakima Comprehensive Flood Hazard Management Plan River Mile 107 -128. June 2007 Update. Prepared for Yakima County Flood Control Zone District by Otak KCM. Yakima County. 2011. Title 16: "Designated Shoreline Lakes, Ponds, and Type 1 Streams," Critical Areas Title 16A, Appendix B. Yakima County Critical Areas Ordinance and Title 16D "Yakima County Shoreline Lakes and Ponds and Their Environmental Designations," Shoreline Master Program Title 16D, Appendix B. Yakima County Critical Areas Ordinance. Yakama Nation Pacific Lamprey Program (Yakama Nation). 2011. First International Pacific Lamprey Recovery and Propagation Workshop. April. Available at: http: / /hostll9.yakama.com /Hydro /ILF /Documents /Day 3 /Dav %203 %20 - % 20Yakama% 2ONation% 2OPacific %2OLamprey %2OProiect.pdf. Yakima Tributary Access and Habitat Program (YTAHP). 2011. Billy's Pond Culvert Assessment. June. 1200716 Phase 1 _BODR.docx City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 34 1 1 1 1 1 1 1 1 1 1 1 FIGURES F�... ��..u,ro �.�. «.r„�ri,,,w ow�M ENV ..u.�.a�.��e��,�sr.a��eaun�rw�n .�. �M��,..m.a ,. f .1 n r t- h � Legend ` r Levee or Revetment Type ( Existing Levee �— Existing DID Levee #1 � I- -,,; ® Proposed Setback Levee Existing Revetment Highway Embankment Site Roads VA � k 4 r N r n 0 370 740 N v F Feet s F f f ilk•_�. ICS, Yakima WWTP Floodplain Restoration & Outfall Alternative Project July 2012 Figure 3 Phase 1: Billy's Pond Restoration Nearby Existing & Proposed City of Yakima Wastewater Treatment Division Levees & Revetments l.t ...;; ! . y t � .fact• TM i 1F, � ~( 1j •�� 8 y r 6 ,. f .1 n r t- h � Legend ` r Levee or Revetment Type ( Existing Levee �— Existing DID Levee #1 � I- -,,; ® Proposed Setback Levee Existing Revetment Highway Embankment Site Roads VA � k 4 r N r n 0 370 740 N v F Feet s F f f ilk•_�. ICS, Yakima WWTP Floodplain Restoration & Outfall Alternative Project July 2012 Figure 3 Phase 1: Billy's Pond Restoration Nearby Existing & Proposed City of Yakima Wastewater Treatment Division Levees & Revetments ANN., of l 7- 4 4, L k, ,7 b. "ir"Ilr A r A 4ZI Legend Site Roads Calculated Water Depth E (I I (1 21 feet UJIL. ow Note. Water depths were calculated using Yakima County HEC-RAS modeled 100-year floodwater elevations and UDAR surveyed N topographic data flown by Aeronnetric in 2011 The inundation shown on this map does not account for water flow or redirection of 0 275 550 floodwaters by levees. A Feet _JIIIIIIIIL:R s.1 Imapp 6ourtes, of USGS 20— VMzmso", Como,avon Yakima WWTP Floodplain Restoration & Outfall Alternative Project July 2012 1 Figure 4 Phase 1. Billy's Pond Restoration Existing Levee Alignment Modeled 100 -Year Flood- City of Yakima Wastewater Treatment Division water Depths nw ��• .L E T P t t <; M14 f r..c x m t i I 17, 1 .V l �o I . +I p Y 1 � L V A ♦ ,�. lea 1 rl— i Billy � ' �?►�- ie , r Pr>ncl ' 67 E dlclrp�, I I I S 4K t r f Legend Site Roads Calculated Water Depth g 15 feet Note. Water depths were calculated using Yakima County HEC -RAS modeled 100 -year floodwater elevations and LOAR surveyed N 0 275 550 topographic data flown by Aerometnc in 2011 The innundatlon shown on this map does not account for water flow or redirection of floodwaters by levees OFeet �e' a ►'' t Imag .rtes, of USGS 201_ A4uosofl Cowmtor' Yakima WWTP Floodplain Restoration & Outfall Alternative Project July 2012 F Figure 5 Phase 1: Billy's Pond Restoration Setback Levee Alignment Modeled 100 -year Flood - City of Yakima Wastewater Treatment Division water Depths 8,000 7,000 • 111 c 0 u an 5,000 m a v v 4,000 3 v C v 3,000 s u Q 111 1,000 0 3 -Nov Figure6H istoricFlows Average Flows 2000 -2010 Average Flows 1966 -2000 23 -Dec 11 -Feb 1 -Apr 21 -May 10 -Jul Day of Year 29 -Aug 18 -Oct 7 -Dec 26 -Jan Yakima WWTP Floodplain Restoration & Outfall Alternative Project July 2012 1 Figure 6 Phase 1: Billy's Pond Restoration Yakima River Historical Flows City of Yakima Wastewater Treatment Division Recorded at USGS Gage 12500450 KEECHELUS DAM /CLE ELUM DAM r KACHESS DIKE t•,y, KACHESS DAM %EASTON DIVERSION Upper Yakima Watetrslted +BUMPING LAKE rta�f . "ae i k .:s r,I N a c h e s WENAS DAM \ S A !7 Watershed �ROZADIVERSION H t U X f q ttatlana C- TIETON DAM 1 FRENCH CANYON DAM /0--- CLEAR CREEK DAM WAPATO DIVERSION Project Location 0 Lower Yakima Watershed PROSSER DAM 0 5 10 20 N Miles A ._ `!'I -r Copyright C 2009 ESRI. Sources. Esri, DeLorme, USGS, NIPS, Coovright:C 2011 Esn, DeLorme Yakima WWTP Floodplain Restoration & Outfall Alternative Project ,July 2012 Figure 7 Phase 1: Billy's Pond Restoration Selected Yakima River City of Yakima Wastewater Treatment Division Watershed Dams File Path! 329 Yakima Was1ewa1en329AWWTP Oulfall Atlem W. E,a lua ao mGIS \Mapf,les \BODR \Fgu.7_Damsm.0 Figure8_HistoncTemps 24 19 ........ ..... U N a a L W p 14 — c a rr3 L a Q. E 9 H L a 4 -1 a 9 LL Q 0 Ln v O p ° 00 m Day of Year 0N0 r Note: Bars represent range of temperatures on specified day. Locations on the line with no bars represent days with only a single temperature value. Yakima WWTP Floodplain Restoration & Outfall Alternative Project July 2012 Figure 8 Phase 1: Billy's Pond Restoration Yakima River Historical Temperatures City of Yakima Wastewater Treatment Division Recorded at USGS Gage 12500450 Figure8_HistoncTemps ® M M M M M M M M M M M M M M M M M M A:t* QP �O pa n -4 Y � r At' Feet IN Yakima WWTP Flood P lam Restoration & Outfall Alternative Project July 2012 Figure 9 Phase 1: Billy's Pond Restoration 0 1000 2000 4000 Yakima River City of Yakima Wastewater Treatment Division Historical Morphology F Ih Itt; r At' Feet IN Yakima WWTP Flood P lam Restoration & Outfall Alternative Project July 2012 Figure 9 Phase 1: Billy's Pond Restoration 0 1000 2000 4000 Yakima River City of Yakima Wastewater Treatment Division Historical Morphology i C Ellensburg fWa i f Geologic Unit Key Quaternary Alluvium Tertiary lntrusives Quaternary Loess Non - Marine Sedimentary Rod Quaternary /Pliocene Volcanics ■ Marine Sedimentary Rock Columbia River Basalt ® Pre - Ternary Metamorphic and Intrusive Rock Miocene and Older Volcamcs Modified from USGS SIR 2011 -5026 �'' , �1 ti F_Unign. Gip 7 , path V Toppenish I "A- N A( Modified from USGS SIR 2009 -5152 Modified from USBR, 2010 Yakima WWTP Floodplaln Restoration & Outfall Alternative Project Phase 1: Billy's Pond Restoration July 2012 Figure 10 Geologic Units Mapped at the Project Site City of Yakima Wastewater Treatment Division ra Mo � /� ek %noc 3 a %ne ap P m YCanYon ciao gnfc e A � (O!rkq oa 1i %a o Q Cia �mren t t e rnpu {S .t °'O n i Y T„aon R WrorF Nn c' 5u C ir�r RA . ref roject osation x e m � Srn N Cliq Aht.muONO, ( i e A v SYncltne e`o / c - nM15 T �OQ� I'r�PF pry L�Pek Hydrogeologic Unt Basin -Fill Deposits c ❑ Quaternary Volcanic Columbia River Basalt Older Bedrock N A( Modified from USGS SIR 2009 -5152 Modified from USBR, 2010 Yakima WWTP Floodplaln Restoration & Outfall Alternative Project Phase 1: Billy's Pond Restoration July 2012 Figure 10 Geologic Units Mapped at the Project Site City of Yakima Wastewater Treatment Division Unit Description Brown silty sand and topsoil with fine gravel inclusions (<10 %). Unit includes organic horizon and root zone. Tan to light brown sandy silt with gravel inclusions (<10 %). Some laminations visible in fine material. Brown sand and gravel. Visible imbricated gravel units and coarse sand lenses. Dark brown very coarse gravel, cobbles and sand. Fine - grained lenses visible. Unit shows poor cohesion. Date Measured 2/16/2012 Note: Photo column is not perspective- rectified and is shown for illustrative purposes only. �0 (�o Jh` p�� Photo Log Bottom i; Yakima WWTP Floodplain Restoration & Outfall Alternative Project Phase1: Billy's Pond Restoration City of Yakima Wastewater Treatment Division July 2012 Figure 11 On -Site Test Pit Stratigraphy 4 z €s — — 5 =s - 5 -9 D: _ A� h ;z J 4r ' f rl 11] cWIU b a . SM1 Bottom i; Yakima WWTP Floodplain Restoration & Outfall Alternative Project Phase1: Billy's Pond Restoration City of Yakima Wastewater Treatment Division July 2012 Figure 11 On -Site Test Pit Stratigraphy 4 z €s — — 5 =s - 5 -9 D: _ h ;z J rl 11] cWIU b a . ^a i �, � D 1''14..• Pit Bottom i; Yakima WWTP Floodplain Restoration & Outfall Alternative Project Phase1: Billy's Pond Restoration City of Yakima Wastewater Treatment Division July 2012 Figure 11 On -Site Test Pit Stratigraphy Excavated material removed from an on -site test pit. Close up photograph of material excavated from an on -site test pit. Example of cleaned gravels from site. Yakima WWTP Floodplain Restoration & Outfall Alternative Project Phase 1: Billy's Pond Restoration City of Yakima Wastewater Treatment Division July 2012 Figure 12 Photographs of Excavated Materials h Figurel3_GWEleva[ions Y' 993 y l�l I 4 MW -04 +991.65 `11 t� I1 I + +4 I 11! �I 1 MW -05 989 ii .88 • 988.81 1 f 9871.52 ,M1M -06 990..42 i Legend Monitoring Well Elevation Measurement (ft) « • Test Pit Elevation Measurement (ft) Groundwater Table Elevation T' 987.52 # E e N 0 75 150 0 Feet . I 0 _ Surface based on measurements taken 5/1712012. Contours clipped using co*-*, ,l maw, Yakima WWTP Floodplain Restoration & Outfall Ntemadve Project July 2012 Figure 15 Phase 1 Billys Pond Restoration Project Site City of Yakima Wastewater Treatment Division Groundwater Elevations V r aN ;a MM-04 "13.65 �I II - 1'F 41 41r: p � A �I M : R T �i it 11 l IIIIIIIICXAI MW-06'13"17 ���,,.111� �I ..a,�l ,." / 3.V 11 . • N A0 80 160 OFeAt Surface based on measurements taken 511712012. Contours clipped using a cex hull _mask. Yakima WWTP Floodplain Restoration & Outfall Alternative Project July 2012 Figure 16 Phase 1 Billy's Pond Restoration Protect Site City of Yakima Wastewater Treatment Division Depths to Groundwater Riparian Vegetation 1 Zone r� I Seasonal Fringe Habitat Zone Local Groundwater Level d' Riparian Vegetation _ Zone J Seasonal Channel (> U High Water Level Boulders & Channel Features Partially Submerged Large Woody Debris Perennially Wet Channel (Excavated Depth 1- to 2 -Feet Below Seasonal Groundwater Low) Yakima WWTP Floodplain Restoration & Outfall Alternative Project Phase 1: Billy's Pond Restoration City of Yakima Wastewater Treatment Division July 2012 I Figure 17 Conceptual Cross Section Through a Spring Channel 1 r TABLES 1 r r rr it i�r rr r r ire r r r r r r r rr r Report Tables 1 -3 Table 1. Calculated Slopes at Project Site Surface Measured Slope Bare Ground 0.11% River Water Surface 0.08% 100- Year Flood over Floodplain 0.15% 100- Year Flood in River 0.09% 100- Year Flood in Floodplain with Setback Levees 0.12% 100- Year Flood in River with Setback Levees 0.08% 10 -Year Flood in River 0.08% 5 -Year Flood in River 0.08% Notes: Floodplain ground surface during 5- and 10 -year floods is not inundated. City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 1 of 4 M M M M s IM M I• M 1=1 M! Ml M 1=1 M IM i M Table 2. Federal Endangered, Threatened, and Species of Concern in theYakima River Common Name Scientific Name Distinct Population Segment Critical Habitat Regulatory Agency Status Bull trout Salvelinus confluentus Middle Columbia River Yes USFWS / Threatened Steelhead trout Oncorhynchus mykiss Middle Columbia River Yes NMFS / Threatened Pacific lamprey Lampetra tridentata No USFWS / Species of Concern Report Tables 1 -3 City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 2 of 4 Table 3. Aquatic Life Uses Criteria for the Yakima River: Spawning /Rearing (June 15 through September 15) Category Criteria Notes Temperature shall not exceed a 1 -day maximum of 21.0 °C due to human activities. Temperature 17.5° C When natural conditions exceed a 1 -day maximum of 21.0 °C, no temperature increase that will raise the receiving water temperature by greater than 0.3 °C will be allowed, nor shall such temperature increases, at any time, exceed t = 34/(T + 9). Dissolved Oxygen 8.0 mg /L Lowest 1 -day minimum 5 NTU over background when the Turbidity background is 50 NTU or less; or 10% Turbidity shall not exceed increase in turbidity when the background turbidity is more than 50 NTU. Total Dissolved Total dissolved gas shall not exceed 110% Gas of saturation at any point of sample Percent saturation collection. pH shall be within the range of 6.5 to 8.5, pH with a human - caused variation within the pH units above range of less than 0.2 units. Notes: °C: Degrees centigrade mg /L. Milligrams per liter NTU: nephelometric tubidity units Report Tables 1 -3 Source: Washington Administrative Code WAC 173 -201A -200 City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 3 of 4 Table 4. Projected Groundwater Contributions Hydraulic Conductivity (ft/day) Flow into Project (ft3 /s) Low Groundwater High Groundwater 2,265 0.59 1.18 802 0.21 0.42 668 0.17 0.35 96 0.03 0.05 13 0.00 0.01 Notes: Calculated flows are based on the following assumed values: Hydraulic gradient = 0 0076 Low groundwater cross sectional area = 3,432 square feet High groundwater cross sectional area = 6,864 square feet Groundwater gradient flows along a line of strike N 60° W Hydraulic conductivity is constant across cross - sectional area Report Tables 1 -3 City of Yakima Wastewater Treatment Plant Floodplain Restoration and Outfall Alternative Project Phase I, Billy's Pond Restoration Preliminary Design Report July 2012 Page 4 of 4 APPENDIX A Conceptual Design Drawings i �I 1 Col- i j W1181i I spywn 0 1 h i ii ►+►,I Gives k � l Scale in Feet A 0 200 400 N Floodplain Restoration Basis of Design Report June 2012 Appendix A Billy's Pond Restoration City of Yakima Wastewater Treatment Division Conceptual Design " 1 tll idl 101 6m OQO a'. . a . o a Scaie In Feet y6� a'- a � f / •t. � � �� � � � fir- � � �rri r � 8 rN - °\� i 'p.er.~ S,yei�'q£v{r.sr .� .� Is`. _. • Z if T ♦Y -ff "77 -: 0 '1i111"�MM44fVVV 77 r a ?: R` r !!' 3 a . Y nb t o a t Y.. J )�� �5. b" �'y' � � A��. ��a � +)!' •- 1 u 11 It �'!s• i - ,, r�u'_. -j,� -t a � � %i •{ b 11 ,. �r f`C ff,F - t r Scale in Feet 0 400 800 N Floodplain Restoration Basis of Design Report June 2012 Appendix A Phase 1 City of Yakima Wastewater Treatment Division Conceptual Design 1 I L I 1 N A l ! _ s .: • '• F . fi t N 21111 a ELI Bm 5.. •.\y' •.v i.E+•�VC'� s Scale n Feet�b,'�. , _ YFa 4 r �7�r V . i y, r i ,lio, Ct 4 � A r • ' 1.. `• 1 ` `5�. - il- y `Y�"+Y 7111, i, ��y!_. i ��• f T- � s i - P t '(�i;. ! "r -.`+ tq tSa, ( f•r w tat•` C + /I'�� ...lie. -_- • @ C. %Y � '3` ! p- _ .. '7� ,�/ _ � y ++•-MM r dr ? � 1. 1 - -17 A r i',.. _ • - ,� �:.,T. • b - . 411 ::S - -�{�� i Scale in Feet A 0 400 800 a( Floodplain Restoration Basis of Design Report June 2012 Appendix A Phase 2 City of Yakima Wastewater Treatment Division Conceptual Design 1 1 1 0 1 1 i N \ r it t IN zoo xa tm IN Scnle n feet. ZKr d •.K cv i5 F kje ce- Ip f Y }y ,1 ` ,i ^7 ":.. (I Y• •".�Y' \ fj r `�[.�e[%}j���''��`!:71!7T�y��( +f{', �_ ��pp �3 _ ��- •iM=•,4�': _ `J / _ R• '�` - si,B'r '].8[ rk Cr ,7f %�. � 1�'}, / A��_��6'Tr, Scale in Feet A 0 400 800 N Floodplain Restoration Basis of Design Report June 2012 AppendixA Phase 3 City of Yakima Wastewater Treatment Division Conceptual Design G I 1 APPENDIX B Preliminary Design Drawings City of Yakima Wastewater Treatment Plant Restoration Project Billy's Pond Restoration Yakima, Washington Draft: Not For Construction Drawings DRAWING INDEX Sheet No. Title G1 GENERAL NOTES G2 EROSION CONTROL NOTES G3 EROSION CONTROL DETAILS C1 EXISTING CONDITIONS C2 PROPOSED CONDITIONS — GRADING PLAN C3 PLAN DETAIL — CHANNEL 1 C4 PLAN DETAIL — CHANNEL 2 C5 PLAN DETAIL — CHANNEL 3 C6 PLAN DETAIL — POND C7 POND OUTLET DETAIL C8 PROFILES — CHANNELS AND OUTFALL C9 CROSS — SECTIONS AND PROFILES C10 TRAIL CROSS — SECTION AND PROFILE C11 LOG STRUCTURES AND POROUS WEIR DETAILS I, Colin Wagoner, Registered Professional Engineer No 31821, hereby certify that these documents were prepared by me, or under my direct supervision, and are true and correct to the best of my knowledge and belief Vicinity Map SITE LOCATION Prepared for CITY OF YAKIMA: '• YAKIMA Wastewater Division YAKIMA s7 2220 EAST VIOLA AVE YAKIMA, WA 98901 5732 120 4668 E Lat /Long. 46. N, — EXIT 32 NE 1/4 S32 T13N R19E E Nob Hill Blvd \ City of Yakima PARCEL NUMBERS Wastewater T222 E East Viola y I 19133214001 Yalama, WA 98901 u 19133214002 19133214003 Restoration Under Contract to Billy's Pond 0, x City of Yakima West Ahtanum Road 3 Ridolfi Project No.: 329A G pN a October 2012 m 1 ADJACENT PROPERTY OWNERS: 97 WASHINGTON DEPARTMENT OF TRANSPORTATION (WSDOT) Ao os , 0 Mies 1011 WESTERN AVE, SUITE 1006 — RIDOLFI Inc. SEATTLE, WA 98104 206 - 682 -7294 GENERAL CONSTRUCTION NOTES: I Construction of the Ws Pond Habitat Restoration Project s completely located within City of Yok rria Property and WSDOT property to the south AN construction work and vehicles are to be confined to the project site unless otherwise authorized 2 Contractor is responsible for overall housekeeping and for keeping the project site free of rubble and debits Construction entrances must be kept clean to reduce sediment from leaving the site 3. Contractor is to comply with the Toxic Substances Control Act of 1976, as amended USC 2601, of sea (1981) will regard to toxic substances that are utilized, generated, or stored on the project site 4 Part of the projects final grade is lower than the groundwater table Groundwater is expected during corslnschon Schedule work as necessary to allow ophmal excavation conditions Dewataing is expected to be required to excavate the deeper sections of the channel A dewaterng pion must be submitted one week after the notice to proceed is issued 5. Contractor is responsible for all temporary dewatenng and diversion measures. The location of the groundwater diverson and temporary erosion control must be approved by the owners engineer A dewatenng and erosion control plan must be submitted two weeks after the notice to proceed is Issued. 6 Protect existing vegetation that is designated to remain. Clear only those areas necessary for channel, pond and pool excavation and outlet construction Field redesign will be allowed to save existing vegetation and utilize the existing shade and will be directed by the engineer 7 Several lest pits were completed during pre-design. Refer to the project reports for further information regarding the results of the test pits. Groundwater wells have been installed anti monitored. Please refer to the basis of design report to obtain more information regarding the historic groundwater levels, B Contractor is responsible for removal and legal disposal of all cleared vegetation not re -used on -stte Approved vegetation can be roused as large woody debris In the channels, pools and pond Burning will not be allowed within the project area. All debris found below grade will be removed off -site. 9 The scope of this project includes the creation of oft -channel habitat The includes the construction three new off-channel habitat channels, regrading of the existing pond, dewatenng, realigning an exmhng outlet channel, removing two existing culverts, balling a mult-use running and biking frail and re-using excavated river cobbles for substrate or bockfiN Comply with ON applicable permit requirements far ail work 10. Contractor is responsible for OR dust- obotemenf measures for the access road and construction site. I I Contractor is responsible for securing the site during construction to prevent unauthorized entry and to protect equipment and completed work. Aft RIDOLFI 12, Contractor staging and storage area is provided near the entrance to the construction site The specific location to be determined by the Contractor and approved by the owner 13. Contractor is responsible for providing and maintaining signoge, bamcodes, and other traffic safety measures in accordance with WSDOT regulations. 14 Existing overhead power utilities ore present through the site These utilities must be protected dump construction The existence or availability of power, water or other utilities is unknown within the construction area Contractor is to make necessary arrangements for providing water and temporary utilities to the construction site IS Contractor Is responsible for locating utilities at Lost 48 hours prior to commencing construction work. Cali 1-8064245555 to initiate utility location operations Clear, remove, and grub vegetation within limits of clearing Clear only as necessary to perform earthwork Indicated on the grading plan, Within the areas designated for clearing, saNage ON trees greater than 6- inches in diameter, including the root ball as s practicable, for reuse on -site as slash or Jorge woody debris for in -stream habitat measures. Within the areas designated for clearing, vegefohon and trees smaller than 6- inches in diameter, and wood debris from excavation may be salvaged, chipped and composted on -site for reuse as organic sal amendments or mulch Do not salvage or compost noxious vegetation (Including but not limited to Reed Canary Grass, Black Locust Siberian Elm, and Yellow Nag Iris) All noxious weeds and vegeahon will be removed from within the project Protect trees and vegetation that are designated to remain, Protect vegetation outside of Work area from damage during construction. Protect vegetation and sog within drip fine of trees, minimum 20 foot diameter or as Bagged xn field Remove all miscellaneous debits, solid waste, noxious vegetation and other deleterious materials from the limits of Work Dispose of these materials o0 -site in a legal manner k I MNX ME MINION aOONi MW WN AL Wl�1e M M MIWY l�l � MMMF ��1pi�q� I� l�sm n mil[ mY1AN N XOIN :rte wkwo� � ro-a ee�. kam Lim LEGEND MONUMENT FOUND AS NOTED FOUND REBARARON PIPE AS NOTED PX NAIL UTILITY POLE SPOT ELEVATION FENCE TREE, DECIDUOUS EXISTING CONTOUR PROPOSED CONTOUR DEMO CONTOUR OHWL (ORDINARY HIGH WATER UNE) ROCK CHECK DAM STRAW BALE CHECK DAM POROUS ROCK WEIR LARGE WOODY DEBRIS CLUSTER ® DNA SURVEY CONTROL POINT B EXIS77NG NONITOR IVELL TEMPORARY EROSION AND SEDIMENT CONTROL (TESC) NOTES 1. The Contractor is responsible for preparing a Stormwater Pollution Prevention Plan (SWPP) for the site. The Contractor must also file a "Notice of Intent" with EPA. 2 Erosion control measures shown on plans are minimum requirements for anticipated site conditions. Temporary erosion and sediment control (TESC) facilities shall be upgraded as needed for storm events and modified for changing site conditions. 3. Install stabilized construction entrance and TESC measures before beginning other construction activities. The entrance must be maintained and cleaned in order to stay functional. 4. Establish truck routes to reduce compaction of the entire site. Consult Owner and Engineer as needed to determine appropriate route. 5. The TESC facilities shown on this plan and in Contractor's SWPP must be constructed prior to or in conjunction with all clearing and grading so as to ensure that the transport of sediment to surface waters or adjacent properties is minimized. 6. TESC facilities shall be inspected at least once daily and maintained to ensure proper functioning. Remove silt from pond as— needed in order to maintain capacity of facility. 7. Any areas of exposed soils that will not be disturbed for two days during the wet season or seven days during the dry season shall be immediately stabilized with approved TESC methods (e.g. seeding, mulching, plastic covering, etc.) 8. Contractor shall at all times protect sensitive areas, their buffers, adjacent properties, public right —of —ways and easements from damage during construction activities. Contractor shall restore sensitive areas, their buffers and public and private properties and improvements damaged by Contractor activities. 9. The contractor shall have someone who is Certified Erosion and Sediment Control Lead (CESCL) trained on —site as required my the Washington Administration Code (WAC). The CESCL must conduct a site visit within 24 hours of any stormwoter discharge from the site, or atleast once a week. 10. The water leaving the site shall be no higher than 5 NTUs above background or no higher than 25 NTU. Turbidity will be measured with a turbidity meter Any NTU readings over 250, must be reported to Ecology. The location of the point of discharge must shown on the SWPPP and clearly marked in the field with flag, stake or other marker 11. Mark clearing limits. 12. Stabilize and protect slopes and excavation areas. 13 All equipment, trucks, chainsaw will be filled on the asphalt adjacent to the site. As this equipment is filled, a containment will be setup below the tank in order to catch any fuel that may drip while filling up. 14. Storm events with precipiatation are likely to occur during construction period. Contractor is responsible for protecting the new construction areas from runoff A Certified Erosion and Sediment Control Lead (CESCL) must be onsite as required. 15. Contractor is responsible for protecting loose dirt, and other earthen materials from wind and water erosion. All stockpiles must be covered, seeded, hydroseeded or protected with another approved method. An erosion and sediment control plan must be submitted. 16. Contractor is to install and install and properly maintain erosion control structure, and to coordinate temporary erosion control structures with final site stablilization measures. Erosion control measures are the responsibility of the contractor, however, some recommended strategies are shown on the erosion control detail sheet 17 Contractor is to install a temporary construction access as approved by the engineer and owner. Access will be located where all trucks will enter and exit the site. The entrance will need to be maintained and street sweeping (with a vacuum sweep truck) will be required to collect all sediment deposited on the road. All coordination and permitting for such access is the responsibility fo the contractor. A RIDOLFI CALL 2 DAYS BEFORE YOU DIG 1 -800- 424 -5555 LONCIiU01NFL SfCTN)N fpOSS SCCTION /}- /� Iaerw J Ppap 6. PROFILE _ 2 CII j T. v seek PLAN Yaw s' w I 1 Iti N •!i� :LNICNJN[ LOOKING WiYl.;,l nl.,N R' Ji 1 AMRIDOLFI �I i� � � � � i � � � � � � � � � � � � � � i i _� -- m m m r m m m m m= m= m m= m y 1 0 1OI1.Sf TO REMAIN - I ji OHWL ,. � � EXL%'L ULVERT GRADING VOLUMES CUT 30,000 CYO FILL I9,000 CY EXISTING TRAIL TO A. NET 11.000 CY (CUT) BE REMOVED CHANNEL 3 ,'s (HATCHED) _ OUTLET CHANNEL CHANNEL 2 F 1 TIE INTO 1 TRAIL - a r - . _ - EXISTING TRAIL FILL \\ CHANNEL I r, - I, OUTLET _ DITCH I AND - .. UEMOWSH MY'S POND, I CULVERT, JJ - ..�,w-- - - - -- +34 - . - ExwlmG F6LNCe - TO REMAW STAGING AREA - BERM - 0 - RIOOLFI f-LiNiTEL t F'FO,PlL6 I,Ii,T�ll. / - H:- N117EL 1 r t 'T R AIL BERM - I A -0110, R I D 0 L F I Wit.. - - I I h��.d:urT' w1(i H LE' Am I i RIDOLFI rC n. I [r"T = = = m m w m m m m m = m = = = = = = � ,,, W , :q. TF, T, WNW AM RIDOLFI � RM4NEL -- P,)T,,4AT.-- WEII: .,HEE'l 11 DETAA HANNEL ' PF,'(IFTLr htV-,j iFTOTUT .10 ph , r ll� j'T.TT,- 7 J�-- JFT T i T�F m m r = m = m m m w = m m � = m m /_ CHANNEL 2 AIW -8 (PROTECT) POROUS WEIR (SHEET ('11. DETAIL 2) -- - - - --- - - - -- RIDOLFI OUTLET CHANNEL CHANNEL 3 , IROrECT I� EYI.,11NG OHWL. MW -A ------ (PROTErn BILLY'S POND LOG STRUCTURE: - (SHEET Cll, DETAIL 1) I � I' i TRAIL LOCATION OF TEMPORARY ACCESS AS NEEDED, 13 -FEET WIDE MAX / / — I'Ot'ul i ._ IN EIF - .HE'LT tl ?1' ail STFT,ITURE (--HEFT —• �ni 'I'I,E'T � H_��:':FI -- Oil DETAIL 1 ) E I / I i - - - - -- — rONCRETE —y -- - -- �_ WEIR To BE ' FIT.] F.'I ,T.)II;; �HWL� REM, EI, 'N �,IJ PJ E1 / I ATERTA N 1;1,, Rb WED t - , -,i - I'TE TN Ic.! i CTFT ODE T(, MATCH EV -TIN(, cH.ANNEi n3m S – _ unuN AT DIR T'ED BT ENCJNEEF' YEAIPuR-kI; 1IlI; Bbl: PT..If(, RIDOLFI - (.'H- OIIEL I PD-TILE F"F,'(-)FILE Ada RIDOLFI MD. (,[T'J'FaU, F'F,'OFTLE 4 T-1 j4 rrt .1a I Ada RIDOLFI MD. 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M +Ir4ltll -'PE T �V THE WEIP —r ,ju.cr - ,i,i CE I. .ITE ilIr �­I, rEN ILt 01.1i'l IM 111 U,l -VEt4, SIjf T T-1 1riMy I H. FET,IL AM RIDOLF1 Mr, c4*-$%W I -L 6•, 1, - -W- I W111" HE�.L •E * F - TI; I.' �l I Er, Il•otIl•.i 01 I,E rEr TE_ 'I Tr -ILL -T -1 011ETEr 'I[ n,l-1 IT, +ELI - F -,"El 31 111 R , T-' r M-NYEL IF p — f • Et' E IF 'ILE F,KP rEI J--$LE TF A I- _8 L 11, T , ir E,4 H TI I IT, ,F I , I 1 1 1 F, 1 1 1 1 1 n 11 APPENDIX B Boring Logs E Nob Ffitt Blvd. I E YoLa Ave. t CO LEGEND ® Monhoring Well e gpprnximate Location of Emsting , Dewatenng Well • Surface Water Staff Gauge gas Groundwater Elevation Contour Arbitrary (feet). WWTP Vertical Datum. Inferred Groundwater *0 Row Direction 0 1000 Scale in Feet 99604 MWY'' / /991.89 3 6.66 • <i Treatment Ptant. ^ v. OW-22 B e988.54 , Norm o© Lagoon Outfall Lagoon . Swage No Irrigation Storage / ♦ „ / / 988.10 • fs, ���� :r' { -�.. 984.37 s =,rp k.t j:A; •t, r :f ♦ 977.75 � ♦ �,,"i x;�;; ,Yyi ... ..1�`'2.t� ','x'10? 982 r ..��' /r '`� :,, <�+; >s'':t•• ,: 980 :., C • V 7'Yt 97 tit a a u' Pond Drain Base provided by the City of Yakima Waste Water Treatment Plant. ,fie s9�* ,�,e H Figure 1 WWT.P Site Map and Generalized Groundwater Contours December, 1992 - ik �� ,�) 1 1 1 1 1 1 1 I 1 1 ROBII�S�S �RILLIN'G DEVELOPMENT, INC. DAILY LOG Job Name K461 - rlfv o( VAL . rattier .L Js T. 1 O jI GL• u Change Orders: Supervisor's CONT. # ROSINDD938QE. Day lV _Date '!G On Site Z 3 > Rig Time Install Time j Drilled dia. From to Drilled dia. From to From - to /D Casing dia. From to Drive Shoe PVC dia. From to Other , DAD kAjaw /off oo'O Sub Contractors: Bus. 509- 972 -5460 Fax 509- 972 -5457 4001 Summitviewr Ave. 5 -240 Yakima, Wa. 98908 3 I Please print, sign and return to the Department of Ecology RESOURCE PROTECTION WELL REPORT CURRENT Notice of Intent No. RE07569 (SUBMIT ONE WELL REPORT PER WELL INSTALLED) Construction/Decommission ("x" in box) 0 Construction ❑ Decommission ORIGINAL MTALMTI0NNofi6-- qfIntmtNwnber. Consulting Firm RL&M Inc' Umque Ecology Well JDTag No BCF936 MW-7 WELL. CONSTRUCTION CERTIFICATION: i cm*uftd w&or =R1 msponsUnky for conshuctm of *a w% and its compliance vn& all W=WVm wdl couWucfiw Awdar& NWan& usul and the mftmabw mated above are Um W my best knowled* and beW. IN Drift 0 Eo&w 13 Trainee Name (Print Last, Ffist Name) RabWM Drillaffingineer /Thiinee Signature Driller or Trainee License No. 1544 If trainee, licensed drifler's Signature and License Number. Type of Well (r`x in box) ❑ Cleotach Soil Boring Property Owner gV of Yaldma Wade Water Treatment Division Site Address 2220 E Viola Ave City Yakima -Pountylrhima Location SEI/4-1/4 SEI/4 Sec 29 Twn 13— R 19 EWMOorWWM❑ LatlLong (s, t, r Lat Deg _ Min See still REQUIRED) Long Deg Min Sec Tax Pawl No. 19132944003 Cased or Uncased Diameter 2" x 6" Static Level 12 Work/Decommission Start Daft 09Q412012 WWDecommmon Completed Daft 09=012 Construction D4csiwt Well Data Formation Desert 'on 6" dia. loddng Monument +3 to 2 ft Silt 8 t 5 f Sand & Gravel (coarse) Concrete 0 to 2 ft wl Cobbles 5 to 20 ft Bentonite 2 to 7 ft 10-20 Silica Sand 7 to 20 ft ECY 050-12 (Rev. WMi Ecology is an Equal Opportunity Employer 2" Sch 40 PVC +2.5 to 10 ft 2" x 6" S.S. Centralizers 9 ft & 19 ft 2"x.020 PVC Screen 10 to 20 ft 27 PVC End Plug SCALE: 1'= NIS PAGE 1 OF I ECY 050-12 (Rev. WMi Ecology is an Equal Opportunity Employer C� Please print, sign and return to the Department of Ecology RESOURCE PROTECTION WELL REPORT CUPAENT Notice of Intent No. RE0750 (SUBMIT ONE WELL REPORT PER WELL UMAUUM) of Well ("x in brat) Conshmction/Deeommission C` r- in bar) ® Construction Ramurce Protection ❑ Decommission ❑ Geotech Soil Boring ORIGINAL INSTALLATION Note a ajlnrenr Number. Property Owner City of Yakima Waste Water Treatment Division Consulting Firm itidolfi Inc Unique Ecology Well IDTag No. BCF837 MW-8 WELL CONSTRUCTION CERTIFICATION_ I cassanoted and/or 'acccpt rapoosibit' y Rx oon&acdm of this wdt, aad its compliance with an Washington well oonaucfm standaWL Materials used and the Wftmadon reported above are true to my best lmo AWV and bdiei ® Driller O Engineer' ❑ T- Name (Print Last. Fust Nam) Ro1hksm M DriIler/Engineer /Traince Signature Driller or Trainee License No. 1 544 Site Address 2220 E Viola Ave City Yakima County Yakima Location SE114 -1/4 SEIA Sec 29 Twn 13 R 19 EWM ® or W WM ❑ Lat/Long (s, t, r Lat Deg Min Sec still REQUIRED) Long Deg Mm Sec Tax Parcel No.19132944003 Cased or Uncased Diameter 2" x 6" Static Level 9= 6" Work /Decommission Start Date Q9/24M12 ' H trainee, licensed drillers Signature and License Number: Work0ecommission Completed Daft 09/7S/2012 1 1 I 1 Construction Design Well Data Formation Damription ECY 050-12 (Rev. 7106) SCALE: 1- NIS PAGE 1 OF 1 Ecology is an Equal Opportunity Employer B" dia_ locking Monument +3 to 2 ft Silt 0 to 2 ft Silty Gravels 2 to 5 ft Sand & Gravel (coarse) Concrete 0 to 2 ft w/ Cobbles 5 to 20 ft Bentimlte 2 to 7 ft 10-20 Silica Sand 7 to 20 ft y a� 2" sch 40 PVC +2.5 to 10 ft •r •,+ tK Vi .4 2 " x 6' S.S. Centralizers 9 ft & 19 ft — - ' o 2" x.020 PVC Screen 10 to 20 ft .J f� •. n j 2" PVC End Plug ECY 050-12 (Rev. 7106) SCALE: 1- NIS PAGE 1 OF 1 Ecology is an Equal Opportunity Employer Please print sign and return to the arhm ' p rrt, tg IJep ent of Ecology RESOURCE PROTECTION WELL REPORT CURRENT Notice of Intent No. RE0'T568 t (SUBMT ONE WELL REPORT PER WELL INWALLED) Coustruction/Deconnmissaon rx- in box) Type of Well (`x in box) ® Construction Resource Protection ❑ Decommission ❑ Geotech Soil Boring ' ORIGINAL INSTALL.A774NNodce of Intent Nwnber: Property Owner City of Yaldma Waste Water Treatment Division Consulting Firm Ridolfi Inc Unique Ecology Well 1DTag No. 13 M8 MW -9 WELL CONSTRUCTION CERTIFICATION: i coosmmied =wor wxco mgmm'bility for omshucfion of this well, and its compliance with all wabingtao well wasowtion sfandn& Materials used and file mf niab n mponed above are true to my best (knowledge and belief ® Driller ❑ Engincer 13 Tndum Name (Print Last, First Nine) R b' Driller/Engineer /Trrtinee Sigh Driller or Trainee License No.1544 Site Address 2220 E Viola Ave City Yakima County Yakima Silt 0 to 3 ft Location SEI /41/4 SE1 /4 Sec 29 Twn 13 R 19 — — — EWM0 or WWM ❑ Silty Gravels 3 to 4 ft L wLong (s, t, r Lat Deg Min Sec still REQUIRED) Long Deg Min sec Silt w/ some Gravel 4 to 7 ft Tax Parcel No. 19132944003 ' Cased or Uncased Diameter 2" x 6" Static Level 91 Work /Decommission Start Date 0925/2012 If trainee, licensed dr iller's Signature and License Number. Work /Decommission Completed Date 0925/2012 Construction Desi Well IJata Formation DescrWon E 6" dia_ locking Monument +3 to 2 ft Silt 0 to 3 ft Silty Gravels 3 to 4 ft Silt w/ some Gravel 4 to 7 ft Concrete 0 to 2 ft Sand & Gravel (coarse) _ w/ Cobbles 7 to 20 ft "> Bentonite 2 to 7 ft x 10-20 Silica Sand 7 to 20 ft '.i •'T � kr•,r• 2" sch 40 PVC +2.5 to 10 ft ..® 2" x 6" S.S. Centralizers 9 ft & 19 ft 2"x.020 PVC Screen 10 to 20 ft lL - i.. a 2" PVC End Plug SCALE T'- NIS PAGE 1 OF .1 ECY 050-12 (Rev. 7M) Ecology is an Equal Opportunity Employer 1 u 1 i i 7 1 1 Please print, sign and return to the Department of Ecology RESOURCE PROTECTION WELL REPORT CURRENT NoMm of Intent No. RE07569 '(SUBMIT ONE WELL REPORT PER WELL HMALLED) Construction/Decommission rx" in tax) Type of Well ("x in box) ® Construction ® Resoume Protection ❑ Decommission ❑ Geote& Soil Boring ORIGINAL MSTM"nON Notice of I .Vern Number. Property Owner City of Yatdma Waste Weber Treatment Division Consulting Firm Ridolfi Inc Unique Ecology Well IDTag No. BCF839 MW -10 WELL CONSTRUCTION CERTIFICATION: r ansum wd and/or tamept MPoMU4 for eonstruMOn of this WIL and it¢ eomplimm with all Wahmgtm wd] oonWuction standards. Materials used and the mhmwhm mpated above are true to my best (mowledt and belief 1 1 1 ® DrUhx 0 Eagi = 0 Trainee Name (Print Last, First Name) R "swx k4chael r Driller/Engineer /Trainee Signature _ Driller or Trainee License No. 1544 Site Address 2220 E Viola Ave City Yakima County Yakima Location SE1/4-1/4 SE1 /4 Sec 29 TIwn 13 R 19 EWM ®or WWM ❑ LabUng (s, t, r Lat Deg Min Sec still REQUIRED) Long Deg Min Sec Tax Parcel No.19132944003 Cased or Uncased Diameter 2" x 6" Static Level 9'-6" W Start Date 09/26/2012 If trainee, licensed druller's Signature and License Number. Work /Decommission Completed Date 09 /2612012 Construction Design Well Data Formation Description ECY 050-12 (Rev. 7106) SCALE: 1'�= MIS PAGE 1 OF _t Eooiogy is an Equal Opportunity Employer 6" dia. loddng Monument +3 to 2 ft Silt 0 to 3 ft Silty Gravels 3 to 4 ft Silt 4 to 9 ft Concrete 0 to 2 ft Sand & Gravel (coarse) wd Cobbles & Clay 9 to 20 ft 4Yr Bentonite Z to 7 ft 10-20 Silica Sand 7 to 20 ft 2" sch 40 PVC +2.5 to 10 ft Ki 4E C 2" x 6" S Centralizers 9 ft & 19 ft -S- "— 2" x.020 PVC Screen 10 to 20 ft 1 , 2" PVC End Plug ECY 050-12 (Rev. 7106) SCALE: 1'�= MIS PAGE 1 OF _t Eooiogy is an Equal Opportunity Employer E Nob tin Blvd- E Vora Ave. LEGEND Monitoring Well Approximate Location t of EwsUng / Dewatering Well OSurface Water Staff Gauge sec Groundwater Elevation Contour (feet). Arbitrary WWTP Vertical Datum. Inferred Groundwater Flow Direction 0 1000 Scale in Feet I 992 Al M 9B8 sit ilI 99s.a4 MW -2 / r_7 /991.89 .3 / 6.66 ir4 Treatment Ptant Dw -22 B 9r'� ®988.54 , m» / oa Lagoon Outfall South , "Y'^ Lagoon No Irrigation Sivage ,� Storage / MW-4 988.10 / `�i�q;•,�y;t MW -s 984-37� %• MW-6 97775 982 �,1 ,�'- t;'r.,r<• i.u' •-'' 960 Pond Drain Base provided by the City of Yakima Waste Water Treatment Plant. Figure 1 VVVVTP Site Map and Generalized Groundwater Contours December, 1992 MW MONITORING WELL GEOLOGIC & CONSTRUCTION LOG PROJECT NUMBER WELL NUMBER SHEET 1 of 1 SEA 33712.M3 MW -1 City of Yaklme Wastewater Treatm Tt Facility LOCATION ' " " "° NIA PROJECT 1008,41 WWTP Daeim SURFACE ELEVATION ELEVATION (TOP OF PVC WELL CASING) 1006.2 START DATE 8!13192 — WATER LEVEL ELEVATION ,,,"� Tacoma Weshinaton FINISH DATE 8!13192 — DRILLING CONTRACTOR Ievns Envirm HyDROGEOLOGIST Ti O'Connor L ......, ..—In Percussion Hemmer Reverse Air ` MONITORING WELL GEOLOGIC & CONSTRUCTION LOG PROJECT NUMBER WELL NUMBER Ag� SEA 33712-M3 MW-2 SHEET 1 of 1 PROJECT City of Yaldme, Waxwwnw Treatment Fadllty LOCATION Yakima, Washinaon ELEVATION (TOP OF PVC WELL CASING) 1000.35 WWTP Dalum SURFACE ELEVAT10N NIA WATER LEVEL ELEVATION 993,68 8113/92 - SIAHI DATE 8/13/92 DRILLING CONTRACTOR Layne Environmerrml. Tacoma, Washinaton— FINISH DATE 8/13192 DRILLING METHOD Pamuslan Harnmer Reverse Air HYDROGEOLOGIST 7m O'Connor SAMPLE WELL CONSTRUCTION Locu4o EXPANDABLE CAP SILTY SAND, BROWN, DRY, LOOSE TRACE GRAVEL Sm f2-INCH O"4ETER SCH. 40 FVC PURE GOLD BoqTDNrrE CH" 0 WELL GRADED GRAVEL WITH SAND GW ai TRACE SILT, BROWN. MOIST, LOOSE GRAVFL UP TO 2ANCHES IN DIAMETER 9-NCH D"ErER BOR94OLE On 3192 0 SAMEASABOVE, WET 10/20 GRADE COLORADO MICA SAND PACK tn 24NCH DIAMETER FLUSH THREADED SCH, 40 PVC 0.02-45LOT SAME AS ABOVE, COBBLES WELL SCREEN UP TO 44NCHES IN DIAMETER 2-NCH MAMMA FLUSH is THREADED PVC END CAP TOTAL DRILL DEPTH - 16.6' BGS 20 20 25 2s 30 30 I I I I I F I 0 MONITORING WELL GEOLOGIC & CONSTRUCTION LOG PROJECT NUMBER WELL NUMBER SEA 33712.M3 mW-a SHEET 1 of 1 PROJECT City at Yakima, Was"water Treatment Facility LOCATION Yakima, Washington ELEVATION (TOP OF PVC WELL CASING) 996-66 WWTP Datum SURFACE ELEVATION N/A WATER LEVEL ELEVATION 988.74 9/14/92 START DATE 8113/92 DRILLING CONTRACTOR I gyne Environmaintal- Tacoma. Washington — FINISH DATE 8113/92 DRILLING METHOD Percussion Hammer Reverse Air HYDROGEOLOGIST Tim O'Connor SAMPLE WELL CONSTRUCTION C AP X Lu GEOLOGIC LOGS & FIELD OBSERVATIONS y x OCKM STEEL HOUSING --0- SILTY SAND, BROWN, DRY, LOOSE SM TRAM GRAVIEL CONCRETE SEAL 2-INCH DIAPOCIETER FLUSH THREADED SW. 40 PVC 5 0 LID 6 In - - - - - - - - - - - - WELL-CIRADED GRAVEL WITH SAND, TRACE SILT, TRACE COBBLES, GRAVEL UP TO 24NCHF9 IN DtA?& TE R - - - - GW-GM 5 fli aajToNrrE CHIPS "CH DIAMETER BOREHOLE 7.92 8114/92 ft 10 L0 SAAC AS ABOVF, WET 10 0 6 lOnG GRADE COLORADO SILICA SAND PACK O 24NCH OWAETER FLUSH THREADED SCH. AO PVC 0.02-SLOT WELL SCREEN SAME AS ABOVE 15 24NCH OLAP.*-MR FLUSH THREADED PVC END CAP TOTAL DRILL GEM 18.6' BGS 20 20 25 25 30 30 N SAMPLE WELL CONSTRUCTION ® "CHDwwm LOCKING STEEL HOUSING O MONITORING WELL GEOLOGIC & CONSTRUCTION LOG LOCKING EXPANDABLE CAP C1121A HLL PROJECT NUMBER WELL NUMBER ® SEA 33712.M3 MW-4 SHEET 1 of 1 SLTY SAND, BROWN, DRY, LOOSE, TRACE GRAVEL SM PROJECT CItY of Yakima, WaatBwatsr Treatment Facillty LOCATION Yakima, Washington ELEVATION (TOP OF PVC WELL CASING) 1003.31 WW TP Datum SURFACE ELEVATION NIA WATER LEVEL ELEVATION 991.11 8/14192 START DATE 6113192 DRILLING CONTRACTOR Layne Environmental. Tacoma. Wes inaton FINISH DATE 8/13/92 PLUSH THREADED DRILLING MITHOD Percussion Hemmer Reverse Alr HYDROGEOLOGIST Tim O'Connor SAMPLE WELL CONSTRUCTION "CHDwwm LOCKING STEEL HOUSING O LOCKING EXPANDABLE CAP i W jFIELD o � GEOLOGIC LOGS & OBSERVATIONS y y SLTY SAND, BROWN, DRY, LOOSE, TRACE GRAVEL SM CONCRETE SEAL --6- 24NCH DW.IETER PLUSH THREADED ' SCH. 40 PVC 5 0 60.11 WE L- GRADED GRAVEL WITH - - - SAND, TRACE SILT, BROWN, GW - 5 — BENTONRE CHIPS MOIST, LOOSE. GRAVEL UP TO 24NCHEEI W OW&MA TRACE COBBLES "CH DIAMETER BOREHOLE 10 0 60.3' BRAE AS ABOVE 1 0 10/20 GRADE COLORADO SLICA BAND PACK 2- 12.2 - 9/14/92 24NCH DIAMETER RUSH THREADED SCH. 40 PVC 0.02b1.0T WELL SCREEN 1$ SAME AS ABOVE, WET 20 AS ABOVE 20 24NCH DU 47M PLUSH THREADED PVC END CAP TOTAL DRILL OEM 23.0' WS 25 25 — 30 30 — 1 1 1 1 1 1 1 1 1 1 1 1 1 MONITORING WELL GEOLOGIC & CONSTRUCTION LOG AIIIIIIIIIIIIIIIF CN2M HLL PROJECT NUMBER WELL NUMBER SEA 33712.M3 MW-5 SHEET 1 of 1 PROJECT City of Yakima, Wastawator Treatment Facility LOCATION Yakima, Washington _ ELEVATION (TOP OF PVC WELL CASING) 994.16 WWTP Denim SURFACE ELEVATION N/A WATER LEVEL ELEVATION 967.46 6/14/92 START DATE 8/13/92 DRILLING CONTRACTOR -_ Layne Environmental. Tacoma Washinaton FINISH DATE 8/13/92 ' DRILLING METHOD Percussion Hammer Reverse Air HYDROGEOLOGIST Tim O'Connor SAMPLE WELL CONSTRUCTION ° DLAMETER OCKM STEEL „011 LOCKlg IXP/WDABLECAP 2 W w W 'o E GEOLOGIC LOGS & FIELD OBSERVATIONS Ll ,�, _ LLTY SAM, BROWN, DRY, LOOSE. TRACE GRAVEL SM CONCRETE SEAL 2.4NCH DIAMETER RUSH THREADED SCH. 40 PVC PURE GOLD RWONITE SEAL 5 " WELL -GRADED GRAVEL MTH SAND, TRACE SILT, GRAVEL UP TO GW 5 - 24,4CH OIANETER. TRACE COBBLES. 8.7 BOREH DaMt7er — 8/14/32 BOflf310LE - 10 SM.E AS ABOVE, WET 10 - 10120 GRADE COLORADO SILICA SAND PACK 244CH DUANERER RUSH THREADED SCH. 40 PVC 0.O26t,OT WELL SmEm 15 BANE AS ABOVE 15 - 2-INCH DIAMETER RUSH THREADED PVC ITM CAP TOTAL DRILL DEPTH 17.6' MS 20 20 25 25 — 30 30 — Q Q Q 9 9 9 A 1 1 1 1 ® MONITORING WELL GEOLOGIC & CONSTRUCTION LOG Xar :ar wu PROJECT NUMBER CONSTRUCTION WELL NUMBER O LOCSNO EXPANDABLE CAP 2 W w W o SEA 33712.4/3 y fa = MW -6 SHEET 1 of 1 PROJECT _ City of Yakima, Wastewater Treatment FadlitV LOCATION Yakima, Washington ELEVATION (TOP OF PVC WELL CASING) 987.51 WWTP pate m SURFACE ELEVATION N/A WATER LEVEL ELEVATION 979.81 8/14/92 START DATE — 8!13/92 DRILLING CONTRACTOR Layne Fmrironmental. Tacoma. Weshinoton FINISH DATE 8113/92 DRILLING METHOD Percussion Hammer Reverse Air HYDROGEOLOGIST Tim O'Connor SAMPLE WELL CONSTRUCTION DIAMEM IOCKM STMHD„SF O LOCSNO EXPANDABLE CAP 2 W w W o GEOLOGIC LOGS & FIELD OBSERVATIONS y fa = Guy SAND, BROWN. DRY, LOOS£, TRACE GRAM SM CONCRETE SEAL 24NCH DUAAAETER FLUSH THREADED ' SC H. 40 PVC 5 SAAAE AS ABOVE, SOME oRDANIC MATERFAL SM Jr - BENTONITE CHIPS "CH OLAMETER BOREHOLE 7 7.7 _ BnAIS2 10 - - - - - - - - - - - - - 10 WELL - GRADED GRAVEL WITH SAND, GW 10(20 GRADE COLORADO TRACE SILT, BROWN, WET, LOOSE SLICA SAND PACK GRAVEL UP TO 244CH DIAMETER 24NCH OXAAETER FLUSH THREADED SCH, 40 PVC 0.028LOT WELL SCREEN 15 BAAE AS ABOVE, COARSER BAND 15 - 24NCH DAMETER FLUSH THREADED PVC END CAP TOTAL DRILL DEPTH 10.0' BGS 20 20 25 Y5 — 30 30 — IT, I ti- - M� -,I- - --� 1� �70 f t. Vj S; I �-ly F 1 I 11 APPENDIX C Permits 7 NATIONWIDE, PERMIT 27 ' US neArmy Corps Terms and Conditions of Engiers i Seattle District Effective Date: 'June 15, 2012 i A. Description of Authorized Activities B. Corps National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. State 401 Certification General Conditions ' F. State 401 Certification Specific Conditions for this NWP G. EPA 401 Certification General Conditions H. EPA 401 Certification Specific Conditions for this NWP I. Coastal Zone Management Consistency Response for this NWT In addition to any special condition that may be required on a case -by -case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Pernut authorization to be valid in Washington State. ' A. DESCRIPTION OF AUTHORIZED ACTIVITIES 27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities. Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non - tidal wetlands and riparian areas, the restoration and enhancement of non -tidal streams and other non -tidal open waters, and the rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters, provided those activities result in net increases in aquatic resource functions and services. To the extent that a Corps permit is required, activities authorized by this NWP include, but are not limited to: the removal of accumulated sediments; the installation, removal, and maintenance of small water control structures, dikes, and berms, as well as discharges of dredged or fill material to restore appropriate stream channel configurations after small water control structures, dikes, and berms, are removed; the installation of current deflectors; the enhancement, restoration, or establishment of riffle and pool stream structure; the placement of in- stream habitat structures; modifications of the stream bed ' and /or banks to restore or establish stream meanders; the backfilling of artificial channels; the removal of existing drainage structures, such as drain tiles, and the filling, blocking, or reshaping of drainage ditches to restore wetland hydrology; the installation of structures or fills necessary to establish or re- establish ' wetland or stream hydrology; the construction of small nesting islands; the construction of open water areas; the construction of oyster habitat over unvegetated bottom in tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or discing for seed bed preparation and the planting of appropriate wetland species; re- establishment of submerged aquatic vegetation in areas where those plant communities previously existed; re- establishment of tidal wetlands in tidal waters where those wetlands previously existed; mechanized land clearing to remove non - native invasive, exotic, or nuisance vegetation; and other related activities. Only native plant species should be planted at the site. This NWP authorizes the relocation of non -tidal waters, including non -tidal wetlands and streams, on the project site provided there are net increases in aquatic resource functions and services. Except for the relocation of non -tidal waters on the project site, this NWP does not authorize the ' conversion of a stream or natural wetlands to another aquatic habitat type (e.g., stream to wetland or vice versa) or uplands. Changes in wetland plant communities that occur when wetland hydrology is more fully restored during wetland rehabilitation activities are not considered a conversion to another aquatic habitat type. This NWP does not authorize stream channelization. This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open water impoundments. ' Compensatory mitigation is not required for activities authorized by this NWP since these activities must result in net increases in aquatic resource functions and services. Reversion. For enhancement, restoration, and establishment activities conducted: (1) In accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement, or a wetland establishment agreement, between the landowner and the U.S. Fish and Wildlife Service: (FWS), the Natural Resources Conservation Service (MRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), U.S. Forest Service (USFS), or their designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the Office of Surface Mining Reclamation and Enforcement ( OSMRE) or the applicable state agency, this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use (i.e., prior to the restoration, enhancement, or establishment activities). The reversion must occur within five years after expiration of a limited term wetland restoration or establishment agreement or permit, and is authorized in these circumstances even if the discharge occurs 1 after this NWP expires. The five -year reversion limit does not apply to agreements without time limits reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS, or an appropriate state cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of the United States for the reversion of wetlands that were restored, enhanced, or established on prior- converted ' cropland or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or their designated state cooperating agencies (even though the restoration, enhancement, or establishment activity did not require a section 404 permit). The prior condition will be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit. Before conducting any reversion activity the permittee or the appropriate Federal or state agency must notify the district engineer and include the documentation of the prior condition. Once an area has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory requirements are applicable to that type of land at the time. The requirement that the activity results in a net increase in aquatic resource functions and services does not apply to reversion activities meeting the above conditions. Except for the activities described above, this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition. In such cases a separate permit would be required for any reversion. t Reportin g. For those activities that do not require pre - construction notification, the permrttee must submit to the district engineer a copy of: (1) The binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement, or a project description, including project plans and location map; (2) the NRCS or USDA Techmcal Service Provider documentation for the voluntary stream enhancement or restoration action or wetland restoration, enhancement, or establishment action; or (3) the SMCRA permmt issued by OSMRE or the applicable state agency. The report must also include information on baseline ecological conditions on the project site, such as a delineation of wetlands, streams, and/or other aquatic habitats. These documents must be submitted to the district engineer at least 30 days prior to commencing activities in waters of the United- States authorized by this NWP. Notification: The permittee must submit a pre - construction notification to the district engineer prior to commencing any activity (see general condition 31), except for the following activities: (1) Activities conducted on non - Federal public lands and private lands, in accordance with the terms and conditions of a binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement between the landowner and the U.S. FWS, NRCS, FSA, NMFS, NOS, USFS or their designated state cooperating agencies; (2) Voluntary stream or wetland restoration or enhancement action, or wetland establishment action, documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit issued by the OSMRE or the applicable state agency. However, the permittee must submit a copy of the appropriate documentation to the district engineer to fulfill the reporting requirement. (Sections 10 and 404) Note: This NWP can be used to authorize compensatory mitigation projects, including mitigation banks and in -lieu fee projects. However, this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior condition, since compensatory mitigation is generally intended to be permanent. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case - specific conditions imposed by the division engineer or district engineer. Prospective permrttees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR § 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR § 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navi ag tion. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the Umted States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States No claim shall be made against the United States on account of any such removal or alteration. 2 Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas Activities in waters of the United States that serve as breeding areas for nugratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre - construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channehzation and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre - construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100 -Year Floodplams. The activity must comply with applicable FEMA- approved state or local floodplam management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Sol[ Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States (luring periods of low -flow or no -flow. 13. Removal of Temporary. Temporary fills must be removed in their entirety and the affected areas returned to pre - construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity- specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determmed in writing that the proposed activity will not 4 adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). ' 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWT which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ' ESA consultation is necessary. (c) Non - federal permittees must submit a pre - construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the ' project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that right affect Federally - listed endangered or threatened species or designated critical habitat, the pre - construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non - Federal applicant of the Corps' determination within 45 days of receipt of a complete pre - construction notification. In cases where the non - Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. If the non - Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species - specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the defmition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http: / /www.fws.gov/ or http: / /www.fws.gov /ipac and http : / /www.noaa.gov /fishenes.html respectively. 19. gyratory Birds and Bald and Golden Eagles. The pemuttee is responsible for obtaining any "take" permits required under the U S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non- federal permittees must submit a pre - construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre - construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330 4(g)). When reviewing pre - construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non - Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non - Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permnttee within 45 days of receipt of a complete pre - construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA section 106 consultation is required and will occur, the district engineer will notify the non - Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non - Federal applicant has not heard back from the Corps within 45 days, the applicant must still want for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with'intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the perrnit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO /THPO, appropriate Indian tribes if the undertaking ccurs on or affects historic properties g on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may ' designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. 1 (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation, The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project I site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one - for -one ratio will be required for all wetland losses that exceed 1 /10 -acre and require pre - construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are mammal, and provides a project - specific waiver of this requirement. For wetland losses of 1 /10 -acre or less that require pre - construction notification, the district engineer may determine on a case -by -case basis that compensatory mitigation is required to ensure that the activity results in mimmal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee- responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used.by the district engineer to make the decision on the NWP verification request, but a ' final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) - (14) must be approved by the district engineer before the pernuttee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre - construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage linut of 1/2 -acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2 -acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate permittee- responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee- responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee - responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long -term management. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right -of -way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non - Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by sumlarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. ' 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency ' concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3 -acre. 29 Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) ' 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity - specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the ' permit conditions. If credits from a mitigation bank or in -lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. r 9 31. Pre - Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by subrruttmg a pre - construction notification (PCN) as early as possible. The district engineer must detenrune if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective pennrttee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, distnct engineers will request additional infonnation necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective pernuttee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the distnct or division engineer; or (2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330 4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the penrnttee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the pennittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre - Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective penruttee; (2) Location of the proposed project; (3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general pemut(s), or individual pernut(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1 /10 -acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. 10 J 1 7� 1 1 1 As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non - Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non - Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre - Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. (2) For all NWP activities that require pre - construction notification and result in the loss of greater than 1/2- acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre - construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre - construction notification, the district engineer will immediately provide (e.g., via e -mail, facsunile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS) With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site - specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre - construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre - construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson- Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre - construction notifications to expedite agency coordination. District En@;ineer's Decision 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or maybe contrary to the public interest. For a linear project, this determination 11 will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district engineer will only grant the waiver upon a written _ _ determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case - specific special conditions to the NWP authorization to address site- specific environmental concerns. 2. If the proposed activity requires a PCN and will result in a loss of greater than 1 /10 -acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory nutigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any activity - specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permuttee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than nummal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the N", including any activity- specific conditions added to the NWP authorization by the district engineer. 3. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (a) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the munimal level; or (c) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45 -day PCN period, with activity- specific conditions that state the mitigation requirements. The authorization will include the 12 1 fJ 1 1 1 -1 necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS 1. Aquatic Resources Requiring Special Protection. Activities resulting in a loss of waters of the United States in a mature forested wetland, bog, bog -like wetland, aspen - dommated wetland, alkali wetland, wetlands in a dunal system along the Washington coast, vernal pools, camas prairie wetlands, estuarine wetlands, and wetlands in coastal lagoons cannot be authorized by a NWP, except by the following NWPs: NWT 3 —Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste In order to use one of the above - referenced NWPs in any of the aquatic resources requiring special protection, you must submit a pre - construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 (Pre - Construction Notification) and obtain written approval before commencing work. 2 Commencement Bay. The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area (see Figure 1 at www.nws.usace.army.mil, select Regulatory Permits then Permit Guidebook, then Nationwide Permits) requiring Department of the Army authorization: 3. New Bank Stabilization Prohibition Areas in Tidal Waters of Puget Sound. Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas (WRIAs) 8, 9, 10, 11, and 12 (within 13 NWP 12 — Utility Line Activities (substations) NWP 13 — Bank Stabilization NWP 14 — Linear Transportation Projects NWP 23 — Approved Categorical Exclusions NWP 29 — Residential Developments ' NWP 39 — Commercial and Institutional Developments NWP 40 — Agricultural Activities NWT 41 NWP 42 — Reshaping Existing Drainage Ditches — Recreational Facilities NWP 43 — Stormwater Management Facilities 3. New Bank Stabilization Prohibition Areas in Tidal Waters of Puget Sound. Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas (WRIAs) 8, 9, 10, 11, and 12 (within 13 the specific area identified on Figure 2 at www.nws.usace.army.mil, select Regulatory Permits then rY Permit Guidebook, then Nationwide Permits) cannot be authorized by a NWP. 4. Bank Stabilization. Any project including new or maintenance bank stabilization activities requires pre - construction notification to the District Engineer in accordance with Nationwide Permit General _ Condition 31 for Pre - Construction Notification. This requirement does not apply to maintenance work exempt by 33 CFR 323.4 (a)(2). Each notification must also include the following information: a. Need for the work, including the cause of the erosion and the threat posed to structures, infrastructure, and/or public safety. The notification must also include a justification for the need to place fill or structures waterward of the line of the Corps' jurisdiction (typically, the ordinary high water mark or mean higher high water mark). b. Current and expected post - project sediment movement and n de ositi patterns in and near the p project area. In tidal waters, describe the location and size of the nearest bluff sediment sources (feeder bluffs) to the project area and current and expected post - project nearshore drift patterns in the project area. c. Current and expected post - project habitat conditions, including the presence of fish, wildlife and plant species, submerged aquatic vegetation, spawning habitat, and special aquatic sites (e.g., vegetated shallows, riffle and pool complexes, or mudflats) in the project area. d. In rivers and streams, an assessment of the likely impact of the proposed work on upstream, downstream and cross - stream properties (at a minimum the area assessed should extend from the nearest upstream bend to the nearest downstream bend of the watercourse). Discuss the methodology used for determining effects. The Corps reserves the right to request an increase in the reach assessment area to fully address the relevant ecological reach and associated habitat. e. For new bank stabilization activities in rivers and streams, describe the type and length of existing bank stabilization within 300 feet up and downstream of the project area. In tidal areas, describe the type and length of existing bank stabilization within 300 feet along the shoreline on both sides of the project area. f Demonstrate the proposed project incorporates the least environmentally damaging practicable bank protection methods. These methods include, but are not limited to, the use of bioengineering, biotectuncal design, root wads, large woody material, native plantings, and beach nourishment in certain circumstances. If rock must be used due to site erosion conditions, explain how the bank stabilization structure incorporates elements beneficial to fish. If the Corps determines you have not incorporated the least environmentally damaging practicable bank protection methods and/or have not fully compensated for impacts to aquatic resources, you must submit a compensatory mitigation plan to compensate for impacts to aquatic resources. g. A planting plan using native riparian plant species unless the applicant demonstrates a planting plan is not appropriate or not practicable. 5. Crossings of Waters of the United States Any project including instaIlmg, replacing, or modifying crossings of waters of the United States, such as culverts, requires pre - construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 for Pre - Construction Notification. This requirement does not apply to maintenance work exempt by 33 CFR 323.4 (a)(2). Each notification must also include the following information: 14 1 ' a. Need for the crossing. b. Crossing design criteria and design methodology. c. Rationale behind using the specific design method for the crossing. 6. Cultural Resources and Human Burials. Permittees must immediately stop work and notify the District Engineer within 24 hours if, during the course of conducting authorized work, human burials, cultural resources, or historic properties, as identified by the National Historic Preservation Act, are discovered. Failure to stop work in the area of discovery until the Corps can comply with the provisions of 33 CFR 325 Appendix C, the National Historic Preservation Act, and other pertinent laws and regulations could result in a violation of state and federal laws. Violators are subject to civil and criminal penalties. FJ 7. Essential Fish Habitat. An activity which may adversely affect essential fish habitat, as identified under the Magnuson- Stevens Fishery Conservation and Management Act (MSA), may not be authorized by NWT until essential fish habitat requirements have been met by the applicant and the Corps. Non- federal permittees shall notify the District Engineer if essential fish habitat may be affected by, or is in the vicinity of, a proposed activity and shall not begin work until notified by the District Engineer that the requirements of the essential fish habitat provisions of the MSA have been satisfied and the activity is authorized. The notification must identify the type(s) of essential fish habitat (e.g., Pacific salmon, groundfish, and/or coastal - pelagic species) managed by a Fishery Management Plan that may be affected. Information about essential fish habitat is available at www.nwr.noaa.gov /. 8. Vegetation Protection and Restoration. Permittees must clearly mark all construction area boundaries before beginning work. The removal of native vegetation in riparian areas and wetlands, and the removal of submerged aquatic vegetation in estuarine and tidal areas must be avoided and minimized to the maximum extent practicable. Areas subject to temporary vegetation removal shall be replanted with appropriate native species by the end of the first planting season following the disturbance except as waived by the District Engineer. If an aquaculture area is permitted to impact submerged aquatic vegetation under NWP 48, the aquaculture area does not need to be replanted with submerged aquatic vegetation. 9. Access. You must allow representatives of this office to inspect the authorized activity at any time deemed necessary to ensure the work is being, or has been, accomplished in accordance with the terms and conditions of your permit. 10. Contractor Notification of Permit Requirements. The permittee must provide a copy of the nationwide permit verification letter, conditions, and permit drawings to all contractors involved with the authorized work, prior to the commencement of any work in waters of the U.S. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP 1. For projects subject to pre - construction notification, the notification must explain why the loss is necessary and show how it would be fully offset by the beneficial impacts of the project. The notification must describe pre - project site conditions (including photographs), general wetland and other aquatic functions the site provides, benefits anticipated from project construction, and proposed maintenance and monitoring plans. 2. The permittee must submit a pre - construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 (Pre - Construction Notification) for any proposed project located 15 in a Department of the Army permit compensatory mitigation site, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) site, Resource Conservation and Recovery Act hazardous waste clean -up site, or Washington State Model Toxics Control Act clean -up site. E. STATE 401 CERTIFICATION GENERAL CONDITIONS: 1. For in -water construction activities. Individual 401 review is required for projects or activities authorized under NWPs that will cause, or be likely to cause or contribute to an exceedence of a State water quality standard (WAC 173 -201A) or sediment management standard (WAC 173 -204). Note: State water quality standards are posted on Ecology's website: http:// wwwecy.wa.gov/programslwglswgsl Click "Surface Water Criteria "forfreshwater and marine water standards. Sediment management standards are posted on Ecology's website http: / /www ecy .wa.govlbibliolwac]73204.htnil. Information is also available by contacting Ecology's Federal Permit staff 2. Projects or Activities Discharging to Impaired Waters. Individual 401 review is required for projects or activities authorized under NWPs if the project or activity will occur in a 303(d) listed segment of a waterbody or upstream of a listed segment and may result in further exceedences of the specific listed parameter. Note: To determine ifyour projector activity is in a 303(d) listed segment of a waterbody, visit Ecology's Water Quality Assessment webpage for maps and search tools, http. / /www.ecy wa.gov/progf•ams / wq/303d/2008/. Information is also available by contacting Ecology's Federal Permit staff Notification. For projects or activities that will require Individual 401 review, applicants must provide Ecology with the same documentation provided to the Corps (as described in Corps Nationwide Permit General Condition 31, Pre - Construction Notification), including, when applicable: (a) A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project would cause, and any other Department of the Army permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology's Wetland Rating form. Wetland rating forms are subject to review and verification by Ecology staff. Note - Wetland rating forms are available on Ecology's Wetlands website: http •/ /www. ecv. wa.gov /programs /sea /wetlandsh- atingsystems or by contacting Ecology's Federal Permit staff (c) A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (Ecology Publications #06 -06- 011a and #06-06-011 b). 16 (d) Coastal Zone Management Program "Certification of Consistency" Form if the ro ect is located P J within a coastal county (Clallam, Grays Harbor, Island, Jefferson, King, Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, Wahkiakum, and Whatcom counties). Note. CZM Certification of Consistencyforms are available on Ecology's Federal Permit website: http: //www.ecy.wa.gov/pyograms/sea #f d- permit /index.html or by contacting Ecology's Federal Permit staff. (e) Other applicable requirements of Corps Nationwide Permit General Condition 31, Corps Regional Conditions, or notification conditions of the applicable NWP. Note - Ecology has 180 days from receipt of applicable documents noted above and a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program to issue a WQC and CZM consistency determination response. If more than 180 days pass after Ecology's receipt of these documents, your requirement to obtain an individual WQC and CZMconsistency determination response becomes waived. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique, difficult -to- t replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. Individual 401 review is required for activities in or affecting the following aquatic resources (and not ' prohibited by Regional Condition 1): (a) Wetlands with special characteristics (as defined in the Washington State Wetland Rating Systems for western and eastern Washington, Ecology Publications #04 -06 -025 and #04 -06 -015): ' • Estuarine wetlands • Natural Heritage wetlands • Bogs • Old- growth and mature forested wetlands • Wetlands in coastal lagoons • Interdunal wetlands ' • Vernal pools • Alkali wetlands (b) Fens, aspen - dominated wetlands, camas prairie wetlands, and marine water with eelgrass (Zostera marina) beds (except for N-VVVP 48) (c) Category 1 wetlands (d) Category II wetlands with a habitat score > 29 points. This State General Condition does not apply to the following Nationwide Permits: ' NWP 20 — .p Response Operations for Oil and Hazardous Substances P NWP 32 — Completed Enforcement Actions 11 17 1 5. Mitigation. For projects requiring Individual 401 review, adequate compensatory mitigation must be provided for wetland and other water quality- related impacts of projects or activities authorized under the NWP Program. (a) Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (Ecology Publications #06 -06- 011 a and #06 -06 -01 lb) and shall, at a minimum, include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded) iii. The rationale for the mitigation site that was selected iv The goals and objectives of the compensatory mitigation project v. How the mitigation project will be accomplished, including construction sequencing, best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths vi. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a mimmum of five years. For forested and scrub - shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State — Part 2. Developing Mitigation Plans (Ecology Publication #06 -06 -01 lb) for guidance on developing mitigation plans. Ecology encourages the use of alternative mitigation approaches, including advance mitigation and other programmatic approaches such as mitigation banks and programmatic nutmgatmon areas at the local level. If you are interested in proposing use of an alternative mitigation approach, consult with the appropriate Ecology regional staff person. (see http: / /www.ecy wa.gov /programs /sea /wetlands /contacts.htm) Information on the state wetland mitigation banking program is available on Ecology's website: http: / /www.ecy.wa.gov/ programs /sea/wetlands /mitigation /banking /index html 6. Temporary Fills. Individual 401 review is required for any project or activity with temporary fill in wetlands or other waters of the State for more than 90 days, unless the applicant has received written approval from Ecology. Nole: This State General Condition does not apply to projects or activities authorized under NWP 33, Temporary Construction, Access, and Dewatering 7. Stormwater discharge pollution prevention: All projects that involve land disturbance or impervious surfaces must implement prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters of the state. For land disturbances during construction, the permittee must obtain and implement permits where required and follow Ecology's current stormwater manual 18 I 1 1 1 Note: Stormwater permit information is available at Ecology's Water Quality website: http. / /www.ecy.wa.gov/ programs /wq/stormwater/index.html. Ecology's Stormwater Management and Design Manuals are available at: http: / /www ecy wa. gov/ programsl wq/. stormwater /municipallStrmwtrMan.html. Information is also available by contacting Ecology's Federal Permit staff. 8. State Certification for PCNs not receiving 45 -day response. In the event the U.S. Army Corps of Engineers does not respond to a complete pre - construction notification within 45 days, the applicant must contact Ecology for Individual 401 review F. STATE 401 CERTIFICATION SPECIFIC CONDITIONS FOR THIS NWP: Certified subject to conditions. Permuttee must meet Ecology 401 General Conditions. Individual 401 review is required for projects or activities authorized under this NWP if. 1. The project or activity involves fill in tidal waters. 2. The project or activity affects 1/2 acre or more of wetlands. G. EPA 401 CERTIFICATION GENERAL CONDITIONS: A. Any activities in the following types of wetlands and waters of the United States will need to apply for an individual 401 certification: Mature forested wetlands, bogs, bog -like wetlands, wetlands in dunal systems along the Washington coast, coastal lagoons, vernal pools, aspen - dominated wetlands, alkali wetlands, camas prairie wetlands, estuarine wetlands, including salt marshes, and marine waters with eelgrass or kelp beds. B. A 401 certification determination is based on the project or activity meeting established turbidity levels. The EPA will be using as guidance the state of Washington's water quality standards [WAC 173 - 201a] and sediment quality standards [WAC 173 -204] Projects or activities that are expected to exceed these levels or that do exceed these levels will require an individual 401 certification. The water quality standards allow for short -term turbidity exceedances after all necessary Best Management Practices have been implemented (e.g., properly placed and maintained filter fences, hay bales and/or other erosion control devices, adequate detention of runoff to prevent turbid water from flowing off -site, providing a vegetated buffer between the activity and open water, etc.), and only up to the following limits: Wetted Stream Width at Discharge Point Approximate Downstream Point for Determining Compliance Up to 30 feet 50 feet >30 to 100 feet 100 feet >100 feet to 200 feet 200 feet >200 feet 300 feet LAKE, POND, RESERVOIR Lesser of 100 feet or maximum surface dimension C. 401 certification of projects and activities under NWPs will use Washington State Department of Ecology's most recent stormwater manual or an EPA approved equivalent manual as guidance in meeting water quality standards. 19 D. For projects and activities requiring coverage under an NPDES permit, certification is based on compliance with the requirements of that permit. Projects and activities not in compliance with NPDES requirements will require individual 401 certification. E. Individual 401 certification is required for projects or activities authorized under NWPs if the project will discharge to a waterbody on the list of impaired waterbodies (the 303(d) List) and the discharge may result in further exceedance of a specific parameter the waterbody is listed for. The EPA shall make this determination on a case -by -case basis. For projects or activities that will discharge to a 303(d)- listed waterbody that does not have an approved Total Maximum Daily Load (TMDL) or an approved water quality management plan, the applicant must provide documentation for EPA approval showing that the discharge will not result in further exceedance of the listed contaminant or impairment. For projects or activities that will discharge to a 303(d)- listed waterbody that does not have an approved TMDL, the applicant must provide documentation for EPA approval showing that the discharge is within the limits established in the TMDL. The current list of 303(d)- listed waterbodies in Washington State will be consulted in making this determination and is available on Ecology's web site at: www.ecy wa.gov /programs /wq /303d /2012 /index.html The EPA may issue 401 certification for projects or activities that would result in further exceedance or impairment if mitigation is provided that would result in a net decrease in listed contaminants or less impairment in the waterbody. This determination would be made during individual 401 certification review. F. For projects requiring individual 401 certification, applicants must provide the EPA with the same documentation provided to the Corps, (as described in Corps' National General Condition 31, Pre - Construction Notification), including, when applicable: (a) A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project would cause, any other U.S. Department of the Army permits used or intended to use to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States. Wetland delineations must be prepared in accordance with the current method required by the Corps. (c) A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. (d) Other applicable requirements of Corps National General Condition 31, Corps Regional Conditions, or notification conditions of the applicable NWP. A request for individual 401 certification- review is not complete until the EPA receives the applicable documents noted above and the EPA has received a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program. G. ],To activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 20 1 1 1 1 r H. An individual 401 certification is based on adequate compensatory mitigation being provided for aquatic resource and other water quality- related impacts .of projects or activities authorized under the NWP Program. A 401 certification is contingent upon written approval from the EPA of the compensatory mitigation plan for projects and activities resulting in any of the following: • impacts to any aquatic resources requiring special protection (as defined in EPA General Condition A or Corps General Regional Condition 1) • any impacts to tidal waters or non -tidal waters adjacent to tidal waters (applies to NWP 14) • Or, any impacts to aquatic resources,greater than 1/4 acre. Compensatory mitigation plans submitted to the EPA shall be based on the Joint Agency guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (Ecology Publication #06-06-011 a and #06-06-011 b) and shall, at a minimum, include the following: (1) A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. (2) The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded) (3) The rationale for the mitigation site that was selected (4) The goals and objectives of the compensatory mitigation project (5) How-the mitigation project will be accomplished, including proposed performance standards for measuring success (including meeting planting success standard of 80 percent survival after five years), evidence for hydrology at the mitigation site, and the proposed buffer widths; (6) How it will be maintained and monitored to assess progress towards goals and objectives. (7) Completion and submittal of an "as -built conditions report" upon completion of grading, planting and hydrology establishment at the mitigation site; (8) Completion and submittal of monitoring reports at years 3 and 5 showing the results of monitoring for hydrology, vegetation types, and aerial cover of vegetation. (9) For forested and scrub -shrub wetlands, 10 years of monitoring will often be necessary. (10) Documentation of legal site protection mechanism (covenant or deed restriction) to show how the compensatory nutigation site will be legally protected for the long -term. I. An individual 401 certification is required for any activity where temporary fill will remain in wetlands or other waterbodies for more than 90 days. The 90 day period begins when filling activity starts in the wetland or other waterbody. J. An individual 401 is required for any proposed project or activity in waterbodies on the most current list of the following Designated Critical Resource Waters (per Corps General Condition 22). K. An individual 401 certification is required for any proposed project that would increase permanent, above -grade fill within the 100 -year floodplain (including the floodway and the flood fringe). [Note: The 100 -year floodplain is defined as those areas identified as Zones A, Al -30, AE, AH, AO, A99, V, V 1 -30, and VE on the most current Federal Emergency Management Agency Flood Rate Insurance Maps, or areas identified as within the 100 -year floodplain on applicable local Flood Management Program maps. The 100 -year flood is also known as the flood with a 100 -year recurrence interval, or as the flood with an exceedance probability of 0.01.] 21 H. EPA. 401 CERTIFICATION SPECIFIC CONDITIONS FOR THIS NWP: Partially denied without prejudice. Permittee must meet EPA 401 General Conditions. An individual 401 review is required for projects authorized under this NWP if: 1. The project or activities impact greater than ' /z acre, or 2. Any activity in tidal wetlands or waters, or 3. Any project that involves shellfish seeding activities. ' I. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: Concur subject to the following condition: When individual 401 review by Ecology is triggered, a CZM Certification of Consistency form must be submitted for projects located within the 15 coastal counties (see State General 401 Condition 3 (Notification)). 22 1 IJ li PERMITTEE City of Yakima Wastewater ATTENTION. Ryan Anderson 2220 E Viola Ave Yakima, WA 98901 509 - 249 -6813 AUTHORIZED AGENT OR CONTRACTOR RIDOLFI Inc ATTENTION: Colin Wagoner 1011 Western Ave STE 1006 Seattle, WA 98104 206 -436 -2772 Fax: 206 - 682 -5008 Project Name: Billy's Pond Restoration Project Project Description: Reshape Billy's Pond to mimic abandoned channels and pools of the Yakima River and reestablish floodplain habitat and connection to the river. The pond will be reconfigured to create islands, pools, and channels to provide diverse and complex off - channel habitat. The pond's footprint will expand, incorporating three groundwater -fed "feeder channels" or "spring creek channels" extending north into the floodplain from Billy's Pond. u-.101vlF4Ce kIW PROVISIONS 1. TIMING LIMITATIONS: The project may begin June 15, 2013 and shall be completed by September 15, 2013, provided that work shall be done only during low river flow. 2. NOTIFICATION REQUIREMENT: The Permittee or contractor shall notify the Department Regional Office, phone (509) 457 -9310 or e-mail eric.bartrand @dfw.wa.gov, at least 48 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 be accomplished per plans and specifications entitled "Billy's Pond Restoration Project ", dated December 20, 2012, and information provided to Washington Department of Fish and Wildlife (WDFW) with the Hydraulic Project application, EXCEPT as modified by this Approval. A copy of the plans shall.be available on -site during construction. Plan changes must be specifically approved by the WDFW field representative. 4. Permittee shall ensure proper supervision of work and other activities by equipment during construction. Equipment access routes, haul roads, and stockplie areas must be strategically sited pre- construction to ensure minimal site disturbances, water crossings, and discharges of turbidity to flowing water. 5. Erosion control measures (BMPs) shall be implemented as needed to avoid the discharge of earth and fine sediment from the work area to the river. ' 6. Permittee shall have spill containment and cleanup materials available in case of accidents or Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL South Central Department of 1701 South 24th Avenue FISH and WILDLIFE RCW 77.55.181 - See appeal process at end of HPA RCW 77.55.021 - See appeal process at end of HPA Yakima, WA 98902 -5720 (509) 575 -2740 ' ' Issue Date: March 14, 2013 Control Number: Project Expiration Date: September 15, 2013 FPA/Public Notice #: 129344 -1 N/A 1 IJ li PERMITTEE City of Yakima Wastewater ATTENTION. Ryan Anderson 2220 E Viola Ave Yakima, WA 98901 509 - 249 -6813 AUTHORIZED AGENT OR CONTRACTOR RIDOLFI Inc ATTENTION: Colin Wagoner 1011 Western Ave STE 1006 Seattle, WA 98104 206 -436 -2772 Fax: 206 - 682 -5008 Project Name: Billy's Pond Restoration Project Project Description: Reshape Billy's Pond to mimic abandoned channels and pools of the Yakima River and reestablish floodplain habitat and connection to the river. The pond will be reconfigured to create islands, pools, and channels to provide diverse and complex off - channel habitat. The pond's footprint will expand, incorporating three groundwater -fed "feeder channels" or "spring creek channels" extending north into the floodplain from Billy's Pond. u-.101vlF4Ce kIW PROVISIONS 1. TIMING LIMITATIONS: The project may begin June 15, 2013 and shall be completed by September 15, 2013, provided that work shall be done only during low river flow. 2. NOTIFICATION REQUIREMENT: The Permittee or contractor shall notify the Department Regional Office, phone (509) 457 -9310 or e-mail eric.bartrand @dfw.wa.gov, at least 48 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 be accomplished per plans and specifications entitled "Billy's Pond Restoration Project ", dated December 20, 2012, and information provided to Washington Department of Fish and Wildlife (WDFW) with the Hydraulic Project application, EXCEPT as modified by this Approval. A copy of the plans shall.be available on -site during construction. Plan changes must be specifically approved by the WDFW field representative. 4. Permittee shall ensure proper supervision of work and other activities by equipment during construction. Equipment access routes, haul roads, and stockplie areas must be strategically sited pre- construction to ensure minimal site disturbances, water crossings, and discharges of turbidity to flowing water. 5. Erosion control measures (BMPs) shall be implemented as needed to avoid the discharge of earth and fine sediment from the work area to the river. ' 6. Permittee shall have spill containment and cleanup materials available in case of accidents or Page 1 of 5 i Washington HYDRAULIC PROJECT APPROVAL Department of FISH and RCW 77.55.181 - See appeal process at end of HPA WILDLIFE RCW 77.55.021 - See appeal process at end of HPA Issue Date: March 14, 2013 Control Number: Project Expiration Date: September 15, 2013 FPA/Public Notice #: spills during construction of the project. South Central 'j 1701 South 24th Avenue Yakima, WA 98902 -5720 (509) 575 -2740 129344 -1 N/A DESIGN 7. In- channel structures shall be designed to provide functional fish habitat and to ensure unimpeded fish passage throughout the typical range of flow conditions at this site. STAKING AND MARKING 8. The project shall be clearly marked /staked prior to construction. Clearing and excavation limits, waste water disposal sites and stockpile sites shall be identified and marked in the field so as to be clearly visible to equipment operators. SALVAGE OF TREES AND LARGE WOODY DEBRIS 9. Trees and large woody debris (i.e. logs 6- inches in diameter and larger and greater than 10 -feet long, rootwads, stumps and dead trees), which must be removed to construct this project, shall be salvaged for use in revegetation or as cover for fish habitat. To the greatest extent possible, trees and dead woody material shall be removed without cutting and with rootwads intact. All dead large woody material shall be placed in the side channel or river as part of site restoration so as to provide overhead cover for juvenile fish. WORKSITE AND EQUIPMENT LIMITATIONS 10. All in- channel work with heavy equipment shall be done during a period of low flow. 11. The final elevations of any grade - control weirs may be adjusted in the flowing water of a side channel in order to properly configure the low flow notch and ensure upstream passage of juvenile fish. 12. Equipment shall operate from positions outside of the wetted perimeter. Equipment may work from the bank and from on top of temporary landings. 13. All equipment shall be clean, well maintained, free of leaks and free of surface accumulations of fuel, hydraulic fluid and lubricants. Equipment shall be inspected daily to ensure there are no leaks of fuel, hydraulic fluid or lubricants Equipment shall be moved to locations upland of the Floodway, and at least 75 -feet from flowing water for refueling and servicing. TEMPORARY WORK'AREA CONTAINMENT 14. As necessary, temporary containment dams shall be constructed at the outlet of new channels prior their construction. The temporary containment dams shall keep excavation separate from the flowing river. The temporary containment dams shall be made of clean materials such as sand bags, bulk bags, ecology blocks, plastic sheeting, washed gravels, etc.. WASTEWATER MANAGEMENT AND DEWATERING OF WORK AREAS 15. Discharge of earth and muddy water to the Yakima River shall be avoided. Accumulations of muddy wastewater within the work area shall be contained or pumped to an upland area to allow mud and fine sediment to settle out before water is allowed to return to the river. Page 2 of 5 HYDRAULIC PROJECT APPROVAL RCW 77.55.181 - See appeal process at end of HPA RCW 77.55.021 - See appeal process at end of HPA I Issue Date: March 14, 2013 Control Number: Project Expiration Date. September 15, 2013 FPA/Public Notice #: .1 1 0 1 1 South Central 1701 South 24th Avenue Yakima, WA 98902 -5720 (509) 575 -2740 129344 -1 N/A SITE RESTORATION 16. Upon completion of the project, material used in any temporary containment structures shall be removed and disposed of at an approved location. 17. All earth areas adjacent to the river or side channel, which have been exposed or disturbed by this project, shall be graded to a stable grade, seeded with a suitable erosion control seed mix, and protected from erosion with mulch of weed -free straw or an approved, commercially available erosion control blanket within seven (7) days of project completion. PROJECT LOCATIONS Location #1 2220 E Viola Ave WORK START: June 15, 2013 WORK END: September 15, 2013 WRIA: Washington Tributary to: kA Department of ' FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.181 - See appeal process at end of HPA RCW 77.55.021 - See appeal process at end of HPA I Issue Date: March 14, 2013 Control Number: Project Expiration Date. September 15, 2013 FPA/Public Notice #: .1 1 0 1 1 South Central 1701 South 24th Avenue Yakima, WA 98902 -5720 (509) 575 -2740 129344 -1 N/A SITE RESTORATION 16. Upon completion of the project, material used in any temporary containment structures shall be removed and disposed of at an approved location. 17. All earth areas adjacent to the river or side channel, which have been exposed or disturbed by this project, shall be graded to a stable grade, seeded with a suitable erosion control seed mix, and protected from erosion with mulch of weed -free straw or an approved, commercially available erosion control blanket within seven (7) days of project completion. PROJECT LOCATIONS Location #1 2220 E Viola Ave WORK START: June 15, 2013 WORK END: September 15, 2013 WRIA: Waterbody Tributary to: 37.0002 Yakima River (rb) Columbia River 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NE 1/4 32 13 N 19E N 46.572275 W 120.469198 Yakima Location #1 Driving Directions From Interstate Highway 1 -82, exit onto State Route 24 heading east. Turn left onto S 22nd St and follow this road until it transitions into E Viola Ave. The industrial facilities for the wastewater treatment plant are located at 2220 E Viola Ave. The site is directly south of the treatment facility. APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project.. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and /or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operators) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. , Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL South Central Department of 1701 South 24th Avenue FISH and RCW 77.55.181 - See appeal process at end of HPA Yakima, WA 98902 -5720 WILDLIFE RCW 77.55.021 - See appeal process at end of HPA (509) 575 -2740 Issue Date: March 14, 2013 Control Number: 129344 -1 Project Expiration Date. September 15, 2013 FPA/Public Notice #: N/A Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and /or a gross misdemeanor charge, possibly punishable by fine and /or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA. A minor modification to the required work timing means up to a one -week deviation from the timing window in the HPA when there are no spawning or incubating fish present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that: does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. Minor modifications do not require you to pay additional application fees or be issued a new HPA. To request a minor modification to your HPA, submit a written request that clearly indicates you are requesting a minor modification to an existing HPA. Include the HPA number and a description of the requested change and send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504 -3234, or by email to HPAapplications @dfw wa.gov. Do not include payment with your request. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA. You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you paid an application fee for your original HPA you must include payment of $150 with your written request or request billing to an account previously established with the department. If you did not pay an application fee for the original HPA, no fee is required for a change to it. To request a major modification to your HPA, submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Include the HPA number, check number or billing account number, and a description of the requested change. Send your written request and payment, if applicable, by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504 -3234. If you are charging the fee to a billing account number or you are not subject to the fee, you may email your request to HPAapplications @dfw.wa.gov. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902 -2534 for more information. A. INFORMAL APPEALS: WAC 220 - 110 -340 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501 -1091; e-mail to HPAapplications @dfw.wa.gov; fax to (360) 902 -2946; or hand - delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated Page 4 of 5 ' Issue Date: March 14, 2013 Control Number: 129344 -1 Project Expiration Date: September 15, 2013 FPA/Public Notice #: N/A with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the ' results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220 - 110 -350 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following ' information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal ' appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501 -1091; e-mail to HPAapplications @dfw.wa.gov; fax to (360) 902 -2946; or hand - delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. ' C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. ENFORCEMENT: Sergeant Grant (22) P3 1 Habitat Biologist for Director Eric Bartrand 509 - 457 -9310 -� WDFW CC: City Of Yakima Jeff Peters 129 N. 2nd Street Yakima, WA 98901 Page 5 of 5 1= ;, Washington HYDRAULIC P PROJECT APPROVAL South Central Department of 1701 South 24th Avenue FISH and WILDLIFE RCW 77.55.181 - See appeal process at end of HPA RCW 77.55.021 - See appeal process at end of HPA Yakima, WA 98902 -5720 (509) 575 -2740 ' Issue Date: March 14, 2013 Control Number: 129344 -1 Project Expiration Date: September 15, 2013 FPA/Public Notice #: N/A with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the ' results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220 - 110 -350 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following ' information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal ' appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501 -1091; e-mail to HPAapplications @dfw.wa.gov; fax to (360) 902 -2946; or hand - delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. ' C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. ENFORCEMENT: Sergeant Grant (22) P3 1 Habitat Biologist for Director Eric Bartrand 509 - 457 -9310 -� WDFW CC: City Of Yakima Jeff Peters 129 N. 2nd Street Yakima, WA 98901 Page 5 of 5 Regulatory Branch Mr. Ryan Anderson City of Yakima Wastewater 2220 East Viola Avenue Yakima, Washington 98901 Dear Mr. Anderson: DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124 -3755 MAY 0 6 2013 Reference: NWS- 2013 -48 Yakima, City of (Billy's Pond Restoration) We have reviewed your application to reshape Billy's Pond to mimic abandoned channels and pools of the Yakima River and reestablish floodplain habitat. To construct the project, work will occur in the Billy's Pond wetland, in Billy's Pond, and in the pond outlet at Yakima, Washington. Based on the information you provided to us, Nationwide Permit (NWP) 27, Aquatic Habitat Restoration, Establishment, and Enhancement Activities (Federal Register February 21, 2012, Vol. 77, No. 34), authorizes your proposal as depicted on the enclosed drawings dated October 2012. In order for this authorization to be valid, you must ensure the work is performed in ' accordance with the enclosed NWP 27, Terms and Conditions and the following special conditions: a. In order to meet the requirements of the Endangered Species Act (ESA) 2008 Fish Passage and Restoration Programmatic Consultation (National Marine Fisheries Reference No. ' 2008/03598; U.S. Fish and Wildlife Service Reference No. 1341 - 2008 -FWS- #F- 0209), you must comply with the conditions included in the Specific Project Information Form dated by the applicant on December 20, 2012. If you cannot comply with the terms and conditions of this programmatic consultation, you must, prior to commencing construction, contact the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch for an individual consultation in ' accordance with the requirements of the ESA and the Magnuson - Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996. ' b. In order to meet the requirements of the Endangered Species Act and protect Middle Columbia River steelhead and Columbia River bull trout, the permittee may conduct the -2- authorized activities form June 1 through September 15 in any year this permit is valid. The permittee shall not conduct work authorized by this permit from September 16 through May 31 in any year this permit is valid. To satisfy the provisions of the 2008 Fish Passage and Restoration programmatic consultation in accordance with Special Condition "a" above, please be reminded that you must provide the following information upon completion of your project: 1. Project completion date. 2. ]Fish capture and release report for projects requiring dewatering. (For additional details, see Appendix A " Dewatering and Fish Capture Protocol" in the Specific Project Information Form you submitted). 3. Sediment monitoring report for projects requiring in -water work, including the extent and duration of downstream turbidity impacts measured every 20 minutes during construction. (For additional details, see question I.R. of the Specific Project Information Form you submitted). We have reviewed your project pursuant to the requirements of the ESA, the Magnuson- Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. The authorized work complies with the Washington State Department of Ecology's (Ecology) Water Quality Certification and the Coastal .Zone Management Act requirements for this NWP. No further coordination with Ecology is required. We have prepared and enclosed a Preliminary Jurisdictional Determination (JD) dated January 24, 2013, which is a written indication that wetlands and waterways within your project area ma, be waters of the United States. Such waters will be treated as jurisdictional waters of the U.S. for purposes of computation of impact area and compensatory mitigation requirements associated with your permit application. If you believe the Preliminary JD is inaccurate, you may request an Approved JD, which is an official determination regarding the presence or absence of waters of the United States. If one is requested, please be aware that we may require the submittal of additional information to complete an approved JD and work authorized in this letter may not occur until the approved JD has been finalized. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form. Thank you for your cooperation 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 -3- during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website at www.nws.usace.army.mil select "Regulatory Branch, Permit Information" and then "Contact Us." A copy of this letter with enclosures will be furnished to Mr. Colin Wagoner, RIDOLFI Inc., 1011 Western Avenue, Suite 1006, Seattle, Washington 98104. If you have any questions, please contact me at karen.m.urelius @usace.army.mil or at (206) 764 -3482. Enclosures Sincerely, Karen Urelius, Project Manager Regulatory Branch -4- cc: letter only via email to Washington Department of Ecology, Federal Permit Coordinator at: ecyrefe(lpermits@ecy.wa.gov cc: w /drawings only: U.S. fish and Wildlife Service Wenatchee APPENDIX D Seasonal Groundwater Elevations E Nob KI Blvd. M" 996.01 MW2 / rw. E Viola Ave. / /99r.B9 / 3 6.66 • ' ' Treatment Plant DW22 o ®488.54 Caption " Outfall South sloops ,� , No Irrigation Storage / 988.10 'r' r • ^ t . 984.37 LEGEND t ;urrty nor,. :, 968 / }. T; � Y rte' ® Monitoring Well 977.75 c�: • i# 986 / {' mximate Location ./ A / ® of Existing . , uAY`;N: ASt: Dewatenng Well Surface Water Staff 'I 982 ' Gauge 980 l �'�?..tr• Groundwater 9es Elevation Contour 97,' (feet) Arbitrary WWTP Vertical Datum. Inferred Groundwater Flow Direction Pond Drain 0 1000 p� n "� ^aC ; •t r4 �` Scale in Feet err' >! :•F . "p u °4� Base provided by the City of Yakima Waste Water Treatment Plant. N Figure 1 WWTr� Site Map and Generalized Groundwater Contours December, 1992 _1A 1, 11V Iv, IM-1 _La"! flin Ou 3 WA ii, Fp P t' VT Li IM-9 r f I lo cl If UV 0 M M M =' = M M = � M = M = ' M = M 1002 1000 998 996 a 994 cu LL c c 992 M W 990 988 986 984 982 11/3 WWTP Water Elevations 3 River W -08 W -09 W -06 12/23 2/11 4/1 5/21 7/10 8/29 10/18 12/7 1/26 3/17 Date of Measurement MW-03 I{ i 1 MW -04 its I i its �I I II' �' it MW -05 I �j I I oil MW -07 Yakirn � 1 1 r • F_- IV MW -10 3 River W -08 W -09 W -06 12/23 2/11 4/1 5/21 7/10 8/29 10/18 12/7 1/26 3/17 Date of Measurement 996 994 992 r OJ G1 L C .0 990 4j M a� W 988 986 984 9/8 WWTP Water Elevations Over 8 9%28 10%18 11%7 11%27 12%17 1/6 1/26 2%15 Date of Measurement 1 F 1-1,1 1 L APPENDIX E Prevailing Wages u 1 Ll 1 Benefit Code Key — Effective 3- 3- 2013-thru 8 -30 -2013 Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker On public works projects, the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two (2) hours before or after a five -eight (8) hour workweek day or a four -ten (10) hour workweek day and the first eight (8) hours worked the next day after either workweek shall be paid at one and one -half times the hourly rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one -half times the hourly rate of wage All other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four -ten hour schedule, shall be paid at one and one -half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown)- shall be paid at one and one -half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage J. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Benefit Code Key— Effective 3 -3 -2013 thru 8 -30 -2013 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. O. The first ten (10) hours worked on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays, holidays and after twelve (12) hours, Monday through Friday and after ten (10) hours on Saturday shall be paid at double the hourly rate of wage. P All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and one -half times the hourly rate of wage All hours worked on holidays shall be paid at double the hourly rate of wage. Q The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. All hours worked in excess of ten (1.0) hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid. at two and one -half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one -half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W All hours worked on Saturdays and Sundays (except make -up days due to conditions beyond the control of the employer)) shall be paid at one and one -half times the hourly rate of wage All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one -half times the hourly rate of wage All hours worked over twelve (12) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage Y All hours worked outside the hours of 5.00 am and 5.00 pm (or such other hours as may be agreed upon by any employer and the employee) and all hours worked in excess of eight (8) hours per day (10 hours per day for a 4 x 1.0 workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one -half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight -time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek) or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. I IL_ 1 1 f! n LI 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 I 1 1 1 1 n 1 Benefit Code Key— Effective 3 -3 -2013 thru 8 -30 -2013 ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. B All hours worked on holidays shall be paid at one and one -half times the hourly rate of wage. C. All hours worked on Sundays shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight (8) hours on holidays shall be paid at double the hourly rate of wage. G All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one -half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one -half times the hourly rate of wage. K. All hours worked on holidays shall be paid at two times the hourly rate of wage in addition to the holiday pay O. All hours worked on Sundays and holidays shall be paid at one and one -half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double the hourly rate of wage. U All hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four -day, ten -hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The first eight (8) hours worked on the fifth day shall be paid at one and one -half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on holidays shall be paid at double the hourly rate of wage. ' Y All hours worked on Saturdays (except for make -up days) shall be paid at one and one -half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 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. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one -half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay Any shift starting between the hours of 6.00 pm and midnight shall receive an additional one dollar ($100) per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. 4. Benefit Code Key — Effective 3 -3 -2013 thru 8 -30 -2013 B. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one -half times the hourly rate of wage All hours worked over twelve (12) hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at one and one -half times the hourly rate of wage All work performed after 6.00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. D. All hours worked between 6.00 pm Monday through 6 00 am Saturday, shall be paid at an overtime rate of 15% over the hourly rate of wage. All other hours worked after 6:00 am on Saturdays, shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week, once 40 hours of straight time work is achieved, then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. G 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, , 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 8.00 am Sunday to 8:00 am Monday and Holidays shall be paid at double the straight time rate of pay 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. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. Holidav Codes A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day (7) B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas, and Christmas Day (8). C Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). H. Holidays. New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, And Christmas (6) 4 1 1 1 1 1 1 1 1 " 1 1 1 1 1 1 J K. L. N. P. Q. R. S. T rd A. E. G. 0 I. Benefit Code Key — Effective 3 -3 -2013 thru 8 -30 -2013 Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (7). 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). 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). 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). 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 Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). 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). Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7). 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). Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8) Holiday Codes Continued 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). 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). 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). 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). Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (7) 5 Benefit Code Key — Effective 3 -3 -2013 thru 8 -30 -2013 6. T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day (9) Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday If a holiday falls on Sunday, the following Monday shall be considered as the holiday Holiday Codes Continued A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday And Saturday After Thanksgiving Day, And Christmas Day (8) Any Holiday Which Falls On A Sunday Shall :Be Observed As A Holiday On The Following Monday If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday C. Holidays: New Year's Day, Martin Luther King Jr Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays. President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7) Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday f'_ 1 1 G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day I (6) Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday H. Holidays. New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday Holidays: New Year's Day, President's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9) Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I 1 Benefit Code Key — Effective 3 -3 -2013 thru 8 -30 -2013 7. J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday ' which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on ' the following Monday Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day ' before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. ' M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, And the Day after or before Christmas Day. 10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on ' the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday O. Paid Holidays: New Year's Day, The Day After Or Before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, The Day ' After Or Before Christmas Day, And The Employees Birthday 11). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday P Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday Q Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8) Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday If any of the listed holidays falls on a Saturday, ' the preceding Friday shall be a regular work day R. Paid Holidays. New Year's Day, the day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day ' after or before Christmas Day (10). If any of the listed holidays fall on Saturday, the preceding Friday shall be observed as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly S. 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) If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly ' Note Codes 8. A. In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or t 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 L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B $0.50, And Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows. Levels A & B: $100, 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. r P Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit: $2.00, Class B Suit: ■ $1.50, Class C Suit: $1 00, And Class D Suit $0.50 Q The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. R. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or ' Benefit Code Key — Effective 3 -3 -2013 thru 8 -30 -2013 ' 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' -$100 per Foot for Each Foot Over 50 Feet Over 100' To 150' 41.50 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 1 spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on D. Workers working with supplied air on hazmat projects receive an additional $1 00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B $0.50, And Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows. Levels A & B: $100, 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. r P Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit: $2.00, Class B Suit: ■ $1.50, Class C Suit: $1 00, And Class D Suit $0.50 Q The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. R. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or ' spotting or other traffic control labor is being utilized. A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho These classifications are only effective on or after August 31, 2012 S. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or 1 spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. T Effective August 31, 2012 — A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian ' traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho This classification is only effective on or after ' August 31, 2012. 1 a ' 1 F, State of Washington 1 Department of Labor & Industries Prevailing Wage Section - Telephone 360- 902 -5335 ' PO Box 44540, Olympia, WA 98504 -4540 Washington State Prevailing Wage ' The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. i! J Step . Occupation Begin End Hours Apprentice Wage °',` , Holiday 'Overtime Note Hours Asbestos 1 Step Abatement/ Central 1 1000 $12.77 1 WA /Registered Prior to 6/1/2012 Asbestos 1 Step Abatement/ Central 1001 2000 $14.04 2 WA /Registered Prior to 6/1/2012 Asbestos 1 Step Abatement/ Central 2001 3000 $15.30 3 WA /Registered Prior to 6/1/2012 Asbestos 1 Step Abatement/ Central 3001 4000 $16.57 4 WA /Registered Prior to 6/1/2012 Asbestos 1 Step Abatement/ Western 1 1000 $12.36 1 WA /Registered Prior to 6/1/2012 Asbestos 1 Step Abatement/ Western 1001 2000 $13.73 2 WA /Registered Prior to 6/1/2012 Asbestos 1 Step Abatement/ Western 2001 3000 $15.09 3 WA /Registered Prior to 6/1/2012 Asbestos 1 Step Abatement/ Western 3001 4000 $16.46 4 WA /Registered Prior to 6/1/2012 Step Asbestos 11 11000 $12.21 1 1 Abatement/ Southwest VVA Step Asbestos 1 2 Abatement/ Southwest 1001 2000 $13.50 WA Step Asbestos 1 3 .Abatement / Southwest 2001 3000 $14.78 )NA Step Asbestos 1 4 Abatement/ Southwest 3001 4000 $16.07 )NA Asbestos 1 Step Abatement/ Eastern 1 1000 $12.85 1 WA /Registered Prior to 16/1 /2012 Asbestos 1 Step Abatement/ Eastern 1001 2000 $14.10 2 )MA/Registered Prior to 6/1/2012 Asbestos 1 Step Abatement/ Eastern 2001 3000 $15.34 3 `NA /Registered Prior to Ei /1 /2012 Asbestos 1 Step Abatement/ Eastern 3001 4000 $16.59 4 WA /Registered Prior to 6/1/2012 Step Occupation Begin End Hours Apprentice Wage Holiday Overtime Note Hours Asbestos 1 Step Abatement/ Central 1 1000 $12.77 1 WA /Registered On or After 6/1/2012 Asbestos 1 Step Abatement /Central 1001 2000 $14.04 2 VVA /Registered On or After 6/1 /2012 Asbestos 1 Step Abatement/ Central 2001 3000 $15.30 3 VVA /Registered On or After 6/1 /2012 Asbestos 1 Step Abatement/ Central 3001 4000 $15.93 4 WA/Registered On or After 6/1/2012 Asbestos 1 Step Abatement/ Central 4001 5000 $16.57 5 WA /Registered On or After 6/1/2012 1 1 Asbestos 1 Step Abatement /Central 5001 6000 $17.20 6 WA /Registered On or After 6/1/2012 Asbestos 1 Step Abatement /Western 1 1000 $12.36 1 WA /Registered On or After 6/1/2012 Asbestos 1 Step Abatement/ Western 1001 2000 $13.73 2 WA /Registered On or After 6/1/2012 Asbestos 1 Step Abatement /Western 2001 3000 $15.09 3 WA /Registered On or After 6/1/2012 Asbestos 1 Step Abatement /Western 3001 4000 $15.78 4 WA /Registered On or After 6/1/2012 Asbestos 1 Step Abatement /Western 5 WA /Registered On or 4001 5000 $16.46 After 6/1/2012 Asbestos 1 Step Abatement/ Western 5001 6000 $17.14 6 WA /Registered On or After 6/1/2012 Asbestos 1 Step Abatement/ Eastern 1 1000 $12.85 1 WA /Registered On or After 6/1/2012 Asbestos 1 Step Abatement/ Eastern 1001 2000 $14.10 2 WA /Registered On or After 6/1/2012 Asbestos 1 Step Abatement/ Eastern 2001 3000 $15.34 3 WA /Registered On or After 6/1/2012 Asbestos 1 Step Abatement/ Eastern 3001 4000 $15.96 4 WA /Registered On or After 6/1/2012 Asbestos 1 Step Abatement/ Eastern 5 WA /Registered On or 4001 5000 $16.59 After 6/1/2012 Step Asbestos 6 Abatement/ Eastern 5001 6000 $17.21 I NA/ Registered On or After 6/1/2012 Step.i- Occupation Begin Hours End 'Apprent'ice, Holiday Overtime Note Hours Wage Step Ste 1 Boilermaker (Field 1 1000 $51.93 5N 1C Const /Repair) Step 2 Boilermaker (Field 1001 2000 $53.49 5N 1C Const /Repair) Step 3 Boilermaker (Field .2001 3000 $55.26 5N 1C Const/ Repair) Step 4 Boilermaker (Field 3001 4000 $57.03 5N 1C Const /Repair) Step 5 Boilermaker (Field 4001 5000 $58.80 5N 1C Const /Repair) Step 6 Boilermaker (Field 5001 6000 $60.57 5N 1C Const /Repair) Step, -Occupation Begin End Apprentice Holiday Overtime Note Hours Hours ,, Wage Step 1 Brick Layer/ Registered Prior 1 700 $19.32 5A — 1M — to 4/1/2012 Step1 Brick Layer/ Registered On or 1 750 $22.06 5A — 1M — After 4/1/2012 Step 2 Brick Layer/ Registered Prior 701 2100 $29.19 5A 1M to 4/1/2012 Step 2 Brick Layer/ Registered On or 751 2250 $29.19 5A 1M After 4/1/2012 Step 3 Brick Layer/ Registered Prior 2101 2800 $30.56 5A 1M to 4/1/2012 Step 3 Brick Layer/ Registered On or 2251 3000 $30.56 5A 1M After 4/1/2012 Step 4 Brick Layer/ Registered Prior 2801 3500 $33.29 5A 1M to 4/1/2012 Step 4 Brick Layer/ Registered On or 3001 3750 $33.29 5A 1M ' After 4/1/2012 Step 5 Brick Layer/ Registered Prior 3501 4200 $36.02 5A 1M to 4/1/2012 Step 5 Brick Layer/ Registered On or 3751 4500 $36.02 5A 1M After 4/1/2012 Step 6 Brick Layer/ Registered Prior 4201 4900 $38.75 5A 1M to 4/1/2012 Step 6 Brick Layer/ Registered On or 4501 5250 $38.75 5A — 1M — After 4/1 / 2012 Step 7 Brick Layer/ Registered On or 5251 6000 $40.12 5A 1M ' After 4/1/2012 i� Washington State UBC JATC /Carpenter Apprentice , 1 1 1 P: Occupation Be, gin : Hours _End` Hours Apprentice; Wage Holiday Overtime Note Step 1 Carpenter /Western WA 1 1000 $17.79 1 Step 1 Carpenter/ Eastern WA 1 1000 $16.69 1 Step 1 Carpenter /Central WA 1 1000 $17.67 1 Step 2 Carpenter /Western WA 1001 2000 $22.17 1 Step 2 Carpenter/ Eastern WA 1001 2000 $22.61 1 Step 2 Carpenter/ Central WA 1001 2000 $22.73 1 Step 3 Carpenter /Western WA 2001 3000 $23.25 1 Step 3 Carpenter/ Eastern WA 2001 3000 $23.62 1 Step 3 Carpenter/ Central WA 2001 3000 $23.73 1 Step 4 Carpenter/ Western WA 3001 4000 $24.33 1 Step 4 Carpenter/ Eastern WA 3001 4000 $24.64 1 Step 4 Carpenter/ Central WA 3001 4000 $24.72 1 Step 5 Carpenter /Western WA 4001 5000 $25.41 1 Step 5 Carpenter/ Eastern WA 4001 5000 $25.65 1 Step 5 Carpenter/ Central WA 4001 5000 $25.72 1 Step 6 Carpenter /Western WA 5001 6000 $26.48 1 Step 6 Carpenter/ Eastern WA 5001 6000 $26.67 1 Step 6 Carpenter/ Central WA 5001 6000 $26.73 1 Step 7 Carpenter/Western-WA 6001 7000 $27.56 1 Step 7 Carpenter/ Eastern WA 6001 7000 $27.68 1 Step 7 Carpenter/ Central WA 6001 7000 $27.73 1 Step 8 Carpenter /Western WA 7001 8000 $28.64 1 Step 8 Carpenter/ Eastern WA 7001 8000 $28.71 1 Step 8 Carpenter/ Central WA 7001 8000 $28.72 1 Y CITC of WA - Carpenter /Carpenter Step,.. . ,' -'-` Occupation _ :Begin "Hours End_' Hours Apprentice', Wage . Holiday: Overtime Note Step 1 Carpenter 1 1000 $17.84 1 Step 2 Carpenter 1001 2000 $19.32 1 Step 3 Carpenter 2001 3000 $20.80 1 Step 4 Carpenter 3001 4000 $22.29 1 Step 5 Carpenter 4001 5000 $23.77 1 Step 6 Carpenter 5001 6000 $25.27 1 Step 7 Carpenter 6001 7000 $26.75 1 Step 8 Carpenter 7001 8000 $28.24 1 1 INC /AGC - Caprenters /Carpenter Step, Occupation' Begin End Hours Apprentice Wage Holiday Overtime Note Hours Step 1 Carpenter 1 1000 $17.83 1 Step 2 Carpenter 1001 2000 $19.32 1 Step 3 Carpenter 2001 3000 $20.80 1 Step 4 Carpenter 3001 4000 $22.29 1 Step 5 Carpenter 4001 5000 $23.78 1 Step 6 Carpenter 5001 6000 $25.26 1 Step 7 Carpenter 6001 7000 $26.75 1 Step 8 Carpenter 7001 8000 $28.23 1 Step.I Occupation Begin End Hours Apprentice Wage Holiday Overtime Note Hours' Step 1 Cement 1 1000 $27.23 7B 1N Finishers /Eastern WA Step 2 Cement Finishers/ Eastern WA 1001 2000 $29.77 7B 1N Step 3 Cement Finishers/ Eastern WA 2001 3000 $32.31 7B 1N Step 4 Cement Finishers/ Eastern WA 3001 4000 $34.86 7B 1 N Step. Occupation Begin Hours End Hours Apprentice Holiday Overtime Note Wage Step 1 Gypsum Drywall Systems 1 1000 $16.69 1 — Installer /Eastern WA Step 2 Dr all SWAtems 1001 2000 $22.61 1 nspsum Step 3 Drywal 2001 3000 $23.62 1 nspsum nSWAtems Step 4 Gypsum Drywall Systems 3001 4000 $24.64 1 Installer/ Eastern WA Step 5 Gypsum Drywall Systems 4001 5000 $25.65 1 Installer/ Eastern WA ' Step 6 Gypsum Drywall Systems 5001 6000 $26.67 1 Installer/ Eastern WA Gypsum Drywall Systems 1 ' Step 7 6001 7000 $27.68 Installer/ Eastern WA Step 8 Gypsum Drywall Systems 7001 8000 $28.71 1 Installer/ Eastern WA ' tepi Occupation :. .Begin End Apprentice Holiday Overtime Note :Hours Hours Wage ' Step 1 lalSWAems 1 1000 $22 85 5D 1M nspaller Cent Step 2 Gypsum Drywall Systems 1001 2000 $29.39 5D 1M Installer /Central WA 1 I F�I J Ste 3 Step Gypsum Drywall Systems 2001 3000 $30.68 5D 1M Note Step 1 Installer /Central WA 1 1000 $17.33 1 Step 4 Gypsum Drywall Systems 3001 4000 $31.97 5D 1M Step 3 Installer /Central WA 2001 3000 $21.66 1 Step 5 Gypsum Drywall Systems 4001 5000 $33.26 5D 1M Step 5 Installer /Central WA 4001 5000 $28.16 1 Step Ste 6 Gypsum Drywall Systems 5001 6000 $34.56 5D 1M Step 7 Installer /Central WA 6001 7000 $34.66 1 Step 7 Gypsum Drywall Systems 6001 7000 $35.85 5D 1M Installer /Central WA Ste g Step Gypsum Drywall Systems 7001 8000 $37.14 5D 1M Installer /Central WA ,.tep, Occupation Begin End A ` pprentice' Holiday Overtime Note Hours; Hours Wage Step 1 Drywall Finisher 1 1000 $16.42 7E 1 P Step 2 Drywall Finisher 1001 2000 $17.48 7E 1 P Step 3 Drywall Finisher 2001 3000 $22.36 7E 1 P Step 4 Drywall Finisher 3001 4000 $24.47 7E 1 P Step 5 Drywall Finisher 4001 5000 $29.35 7E 1 P Step 6 Drywall Finisher 5001 6000 1 $30.401 7E LP ICITC of WA n e n� Step; Occupation Begin. Hours,' End Hours Apprentice . Holiday Overtime Note Step 1 Construction Electrician 1 1000 $17.33 1 Step 2 Construction Electrician 1001 2000 $19.49 1 Step 3 Construction Electrician 2001 3000 $21.66 1 Step 4 Construction Electrician 3001 4000 $23.83 1 Step 5 Construction Electrician 4001 5000 $28.16 1 Step 6 Construction Electrician 5001 6000 $32.49 1 Step 7 Construction Electrician 6001 7000 $34.66 1 Step 8 Construction Electrician 7001 8000 $36.82 1 I EC of WA Step•. Occupation _ ` .,Begin Hours End, Hours Apprentice Wage Holiday Overtime Note Step 1 Construction Electrician 1 1000 $17.32 1 Step 2 Construction Electrician 1001 2000 $21.67 1 Step 3 Construction Electrician 2001 3500 $23.83 1 Step 4 Construction Electrician 3501 15000 $28.15 1 Step 5 Construction Electrician 5001 6500 $32.49 Holiday 1 Step 6 Construction Electrician 6501 8000 $36.83 Wage , 1 ■ Step -L Occupation Begin End Appr'en'tice. Holiday Overtime Note Step 1 Construction Lineman Hours Hours Wage , 5A 4A Fire and Burglar Alarm Technician Step 1 Inside Wireman /Indentured on or 0 1000 $24.33 5A — 1E — 2001 Step 3 after April 12, 2009 2001 3000 $40.77 5A 4A 14000 Step 2 Inside Wireman /Indentured on or 1001 2000 $30.52 5A 1E Step 5 after April 12, 2009 4001 5000 $45.89 5A 4A Step 3 Inside Wireman /Indentured on or 2001 3500 $32.76 5A 1E Step 7 after April 12, 2009 6001 7000 $51.47 5A 4A Step 4 Inside Wireman /Indentured on or 3501 5000 $37.25 5A 1E — after April 12, 2009 Step 5 Inside Wireman /Indentured on or 5001 6500 $41.73 5A 1E after April 12, 2009 Step 6 Inside Wireman /Indentured on or 6501 8000 $46.22 5A 1E after April 12, 2009 ■ Step.. Occupation Begin Hours End Hours Apprentice Wage Holiday Overtime Note Step 1 Construction Lineman 1 1000 $37.52 5A 4A Fire and Burglar Alarm Technician Step 2 Construction Lineman 1001 2000 $38.91 5A 4A 2001 Step 3 Construction Lineman 2001 3000 $40.77 5A 4A 14000 Step 4 Construction Lineman 3001 4000 $43.10 5A 4A Step 5 Construction Lineman 4001 5000 $45.89 5A 4A Step 6 Construction Lineman 5001 6000 $49.60 5A 4A Step 7 Construction Lineman 6001 7000 $51.47 5A 4A Step- Occupation Begin • Hours End Hours Apprentice Wage, Holiday Overtime Step 1 Fire and Burglar Alarm Technician 1 1000 $13.39 Wage 1 Step 2 Fire and Burglar Alarm Technician 1001 2000 $14.04 1000 1 Step 3 Fire and Burglar Alarm Technician 2001 13000 $16.38 1001 1 Step 4 Fire and Burglar Alarm Technician 3001 14000 $18.72 1 Step 4 Occupation Begin End Apprentice Holiday Overtime Note Hours Hours Wage Step 1 Electronic Systems Technician 1 1000 $13.54 1 Step 2 Electronic Systems Technician 1001 2000 $14.521 1 it H� u 0 R 1 r;� 7 J, Step 3 E Electronic Systems Technician 2 2001 3 3000 $ $15.51 1 1 Step 4 E Electronic Systems Technician 3 3001 4 4000 $ $16.50 1 1 Step 5 E Electronic Systems Technician 4 4001 5 5000 $ $17.48 1 1 Step 6 E Electronic Systems Technician 5 5001 6 6000 $ $18.47 1 1 Step 7 E Electronic Systems Technician 6 6001 7 7000 $ $19.46 1 1 Step 8 E Electronic Systems Technician 7 7001 8 8000 $ $20.44 1 1 Step 9 E Electronic Systems Technician 8 8001 9 9000 $ $20.44 Step`s ;Occupation Begin : End 'Apprentice Holiday Overtime Note ' Hours` Hours Wage Step 1 Electronic Systems Tech 1 800 $14.04 1 Step 2 Electronic Systems Tech 801 1500 $15.21 1 Step 3 Electronic Systems Tech 1501 2400 $16.38 1 Step 4 Electronic Systems Tech 2401 3200 $17.55 1 Step 5 Electronic Systems Tech 3201 4000 $18.72 1 Step 6 Electronic Systems Tech 4001 4800 $19.89 1 Stepp Occupation Begin, ' End Apprentice Holiday Overtime Note Hours^ Hours Wage' Step 1 Low Voltage Technician 1 1500 $14.61 1 Step 2 Low Voltage Technician 1501 2500 $16.81 1 Step 3 Low Voltage Technician 2501 3500 $18.99 1 Step 4 Low Voltage Technician 3501 4500 $21.18 1 Step 5 Low Voltage Technician 4501 6000 $22.28 1 Stepp Occupation Begin, ' End Apprentice Holiday Overtime Note Hours^ Hours Wage' Step 1 Low Voltage Technician 1 1500 $14.61 1 Step 2 Low Voltage Technician 1501 2500 $16.81 1 Step 3 Low Voltage Technician 2501 3500 $18.99 1 Step 4 Low Voltage Technician 3501 4500 $21.18 1 Step 5 Low Voltage Technician 4501 6000 $22.28 1 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360- 902 -5335 PO Box 44540, Olympia, WA 98504 -4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. i 7 Count, Trade Job Classification Wage Holiday Overtime Note Yakima Asbestos Abatement Workers Journey Level $17.83 1 Yakima Boilermakers Journey Level $62.34 5N 1C Yakima Brick Mason Journey Level $4148 5A IM Yakima Building Service Employees Janitor $919 1 Yakima Building Service Employees Shampooer $11.14 1 Yakima Building Service Employees Waxer $9.19 1 Yakima Building Service Employees Window Cleaner $9.19 1 Yakima Cabinet Makers (In Shop) Journey Level $16.35 1 Yakima Carpenters Journey Level $29.72 1 Yakima Cement Masons Journey Level $37.40 7B 1 N Yakima Divers & Tenders Diver $100.28 5D 1M 8A Yakima Divers & Tenders Diver On Standby $56.68 5D 1 M Yakima Divers & Tenders Diver Tender $52.23 5D 1 M Yakima Divers & Tenders Surface Rcv & Rov Operator $52.23 5D 1 M Yakima Divers & Tenders Surface Rcv & Rov Operator Tender $48.67 5A 1 B Yakima Dredge Workers Assistant Engineer $51 37 5D 3G Yakima Dredge Workers Assistant Mate(deckhand) $50.86 5D 3G Yakima Dredge Workers Boatmen $51.37 5D 3G Yakima Dredge Workers Engineer Welder $51.42 5D 3G Yakima Dredge Workers Leverman, Hydraulic $5299 5D 3G I Yakima Dredge Workers Maintenance $51.11 5D 3G Yakima Dredge Workers Mates $51.37 5D 3G Yakima Dredge Workers Oiler $50.99 5D 3G Yakima Drywall Applicator Journey Level $38.43 5D 1M Yakima Drywall Tapers Journey Level $32.51 7E 1 P I Yakima Electrical Fixture Maintenance Workers Journey Level $43.32 1 Yakima Electricians - Inside Cable Splicer $5482 5A 1E ! Yakima Electricians - Inside Journey Level $52.94 5A 1 E I Yakima Electricians - Inside Welder $56.71 5A 1 E Yakima Electricians - Motor Shop Craftsman $15.37 1 i Yakima JElectricians - Motor Shop Journey Level $14.69 1 I 7 u r u 1 Yakima Electricians - Powerline Cable Splicer $64.95 5A 4A Construction Yakima Electricians - Powerline Certified Line Welder $59.37 5A 4A Construction Yakima Electricians - Powerline Groundperson $42.16 5A 4A Construction Yakima Electricians - Powerline Head Groundperson $4450 5A 4A Construction Yakima Electricians - Powerline Heavy Line Equipment Operator $5937 5A 4A Construction Yakima Electricians - Powerline Jackhammer Operator $44.50 5A 4A Construction Yakima Electricians - Powerline Journey Level Lineperson $59.37 5A 4A Construction Yakima Electricians - Powerline_ Line Equipment Operator $49.95 5A 4A Construction Yakima Electricians - Powerline Pole Sprayer $59.37 5A 4A Construction Yakima Electricians - Powerline Powderperson $44.50 5A 4A Construction Yakima Electronic Technicians Journey Level $23.40 1 Yakima Elevator Constructors Mechanic $7770 7D 4A Yakima Elevator Constructors Mechanic In Charge $84.24 7D 4A Yakima Fabricated Precast Concrete Craftsman - In- Factory Work $9.19 1 Products Only Yakima Fabricated Precast Concrete Journey Level - In- Factory Work $9.19 1 Products Only Yakima IFence Erectors Fence Erector $1379 1 Yakima Flaggers Journey Level $24.62 1 Yakima Glaziers Journey Level $22.43 61 1 B Yakima Heat & Frost Insulators And Journey Level $25.32 1 Asbestos Workers Yakima Heating Equipment Mechanics Journey Level $34.85 1 Yakima Hod Carriers & Mason Tenders Journey Level $3371 7A 2Y Yakima Industrial Power Vacuum Journey Level $9.24 1 Cleaner Yakima Inland Boatmen Journey Level $9.19 1 Yakima Inspection /Cleaning /Sealing Of Cleaner Operator, Foamer $9.73 1 Sewer & Water Systems By Operator Remote Control Yakima Inspection /Cleaning /Sealing Of Grout Truck Operator $11 48 1 Sewer & Water Systems By Remote Control Yakima Inspection /Cleaning /Sealing Of Head Operator $12.78 1 Sewer & Water Systems By Remote Control Yakima Inspection /Cleaning /Sealing Of ITechnician $9.19 1 1 Sewer & Water Systems By Remote Control Yakima Inspection /Cleaning /Sealing Of Sewer & Water Systems By Remote Control Tv Truck Operator $10.53 1 Yakima Insulation Applicators Journey Level $38.43 5D 1M Yakima Ironworkers Journeyman $52.44 7N 10 Yakima Laborers Air, Gas Or Electric Vibrating Screed $3275 7A 2Y Yakima Laborers Airtrac Drill Operator $33.71 7A 2Y Yakima Laborers Ballast Regular Machine $32.75 7A 2Y Yakima Laborers Batch Weighman $30.75 7A 2Y Yakima Laborers Brick Pavers $32.75 7A 2Y Yakima Laborers Brush Cutter $32.75 7A 2Y Yakima Laborers Brush Hog Feeder $32.75 7A 2Y Yakima Laborers Burner $32.75 7A 2Y Yakima Laborers Caisson Worker $33.71 7A 2Y Yakima, Laborers Carpenter Tender $32.75 7A 2Y Yakima Laborers Cement Dumper - paving $3331 7A 2Y Yakima Laborers Cement Finisher Tender $3275 7A 2Y Yakima Laborers Change House Or Dry Shack $32.75 7A 2Y Yakima Laborers Chipping Gun (under 30 Lbs.) $32.75 7A 2Y Yakima Laborers Chipping Gun(30 Lbs. And Over) $3331 7A 2Y Yakima Laborers Choker Setter $32.75 7A 2Y Yakima Laborers Chuck Tender $32.75 7A 2Y Yakima Laborers Clary Power Spreader $3.331 7A 2Y Yakima Laborers Clean -up Laborer $32.75 7A 2Y Yakima Laborers Concrete Dumper /chute Operator $33.31 7A 2Y Yakima Laborers Concrete Form Stripper $32.75 7A 2Y Yakima Laborers Concrete Placement Crew $33.31 7A 2Y Yakima Laborers Concrete Saw Operator /core Driller $33.31 7A 2Y Yakima Laborers Crusher Feeder $30.75 7A 2Y Yakima Laborers Curing Laborer $32.75 7A 2Y Yakima Laborers Demolition: Wrecking & Moving (incl. Charred Material) $32.75 7A 2Y Yakima Laborers Ditch Digger $3275 7A 2Y Yakima Laborers Diver $33.71 7A 2Y Yakima Laborers Drill Operator (hydraulic,diamond) $3331 7A 2Y Yakima Laborers Dry Stack Walls $32 75 7A 2Y Yakima Laborers Dump Person $32.75 7A 2Y 1 L l 1 L Yakima Laborers Epoxy Technician $32.75 7A 2Y Yakima Laborers Erosion Control Worker $3275 7A 2Y Yakima Laborers Faller & Bucker Chain Saw $33.31 7A 2Y Yakima Laborers Fine Graders $32.75 7A 2Y Yakima Laborers Firewatch $30.75 7A 2Y Yakima Laborers Form Setter $32.75 7A 2Y Yakima Laborers Gabian Basket Builders $32.75 7A 2Y Yakima Laborers General Laborer $32.75 7A 2Y Yakima Laborers Grade Checker & Transit Person $33.71 7A 2Y Yakima Laborers Grinders $3275 7A 2Y Yakima Laborers Grout Machine Tender $32.75 7A 2Y Yakima Laborers Groutmen (pressure)including Post Tension Beams $33.31 7A 2Y Yakima Laborers Guage and Lock Tender $33.81 7A 2Y 8Q Yakima Laborers Guardrail Erector $32.75 7A 2Y Yakima Laborers Hazardous Waste Worker (level A) $33.71 7A 2Y Yakima Laborers Hazardous Waste Worker (level B) $33.31 7A 2Y — Yakima Laborers Hazardous Waste Worker (level C) $32.75 7A 2Y Yakima Laborers High Scaler $33.71 7A 2Y Yakima Laborers Jackhammer $3331 7A 2Y Yakima Laborers Laserbeam Operator $3331 7A 2Y Yakima Laborers Maintenance Person $32.75 7A 2Y Yakima Laborers Manhole Builder - mudman $33.31 7A 2Y Yakima Laborers Material Yard Person $3275 7A 2Y Yakima Laborers Motorman -dinky Locomotive $33.31 7A 2Y Yakima Laborers Nozzleman (concrete Pump, Green Cutter When Using Combination Of High Pressure Air & Water On Concrete & Rock, Sandblast, Gunite, Shotcrete, Water Bla $33.31 7A 2Y Yakima Laborers Pavement Breaker $33.31 7A 2Y Yakima Laborers Pilot Car $30.75 7A 2Y Yakima Laborers Pipe Layer(lead) $33.71 7A 2Y Yakima Laborers Pipe Layer /tailor $33.31 7A 2Y Yakima Laborers Pipe Pot Tender $3331 7A 2Y Yakima Laborers Pipe Reliner $33.31 7A 2Y Yakima Laborers Pipe Wrapper $3331 7A 2Y Yakima Laborers Pot Tender $3275 7A 2Y Yakima Laborers Powderman $33.71 7A 2Y Yakima Laborers Powderman's Helper $32.75 7A 2Y Yakima Laborers Power Jacks $33.31 7A 2Y Yakima Laborers Railroad Spike Puller - Power $33.31 7A 2Y Yakima Laborers Raker - Asphalt $33.71 7A 2Y Yakima Laborers Re- timberman $33.71 7A 2Y Yakima Laborers Remote Equipment Operator $33.31 7A 2Y Yakima Laborers Rigger /signal Person $33.31 7A 2Y Yakima Laborers Rip Rap Person $32.75 7A 2Y Yakima Laborers Rivet Buster $33.31 7A 2Y Yakima Laborers Rodder $33.31 7A 2Y Yakima Laborers Scaffold Erector $32.75 7A 2Y Yakima Laborers Scale Person $32.75 7A 2Y Yakima Laborers Sloper (over 20 ") $33.31 7A 2Y Yakima Laborers Sloper Sprayer $32.75 7A 2Y Yakima Laborers Spreader (concrete) $33.31 7A 2Y Yakima Laborers Stake Hopper $32.75 7A 2Y Yakima Laborers Stock Piler $32.75 7A 2Y Yakima Laborers Tamper & Similar Electric, Air & Gas Operated Tools $3131 7A 2Y Yakima Laborers Tamper (multiple & Self- propelled) $33.31 7A 2Y Yakima Laborers Timber Person - Sewer (lagger, Shorer & Cribber) $33.31 7A 2Y Yakima Laborers Toolroom Person (at Jobsite) $32.75 7A 2Y Yakima Laborers Topper $3275 7A 2Y Yakima Laborers Track Laborer $3275 7A 2Y Yakima Laborers Track Liner (power) $33.31 7A 2Y Yakima Laborers Traffic Control Laborer $32.61 7A 1H 8R Yakima Laborers Traffic Control Supervisor $3261 7A 1 H 8R Yakima Laborers Truck Spotter $32.75 7A 2Y Yakima Laborers Tugger Operator $33.31 7A 2Y Yakima Laborers Tunnel Work -Miner $33.81 7A 2Y 8Q Yakima Laborers Vibrator $3331 7A 2Y Yakima Laborers Vinyl Seamer $32.75 7A 2Y Yakima Laborers Watchman $28.07 7A 2Y Yakima . Laborers Welder $33.31 7A 2Y Yakima Laborers Well Point Laborer $3331 7A 2Y Yakima Laborers Window Washer /cleaner $28.07 7A 2Y Yakima Laborers - Underground Sewer & Water General Laborer & Topman $32.75 7A 2Y Yakima Laborers - Underground Sewer & Water Pipe Layer $3331 7A 2Y Yakima Landscape Construction lirrigation Or Lawn Sprinkler $9191 1 1 C _e 1 Installers Yakima Landscape Construction Landscape Equipment Operators Or Truck Drivers $15.45 1 Yakima Landscape Construction Landscaping Or Planting Laborers $9.19 1 Yakima Lathers Journey Level $38.43 5D 1M Yakima Marble Setters Journey Level $41.48 5A 1 M Yakima Metal Fabrication (In Shop) Fitter $12.00 1 Yakima Metal Fabrication (In Shop) Laborer $10.31 1 Yakima Metal Fabrication (In Shop) Machine Operator $11.32 1 Yakima Metal Fabrication (In Shop) Painter $12.00 1 Yakima Metal Fabrication (In Shop) Welder $11.32 1 Yakima Millwright Journey Level $26.05 1 Yakima Modular Buildings Journey Level $1411 1 Yakima Painters Journey Level $28.69 6Z 1W Yakima Pile Driver Journey Level $48.82 5D 1 M Yakima Plasterers Journey Level $48.23 7Q 1 R Yakima Playground & Park Equipment Installers Journey Level $9.19 1 Yakima Plumbers & Pipefitters Journey Level $72.04 6Z 1Q Yakima Power Equipment Operators Asphalt Plant Operators $52.19 7A 3C 8P Yakima Power Equipment Operators Assistant Engineer $48.92 7A 3C 8P Yakima Power Equipment Operators Barrier Machine (zipper) $51.70 7A 3C 8P Yakima Power Equipment Operators Batch Plant Operator, Concrete $51 70 7A 3C 8P Yakima Power Equipment Operators Bobcat $48.92 7A 3C 8P Yakima Power Equipment Operators Brokk - Remote Demolition Equipment $48.92 7A 3C 8P Yakima Power Equipment Operators Brooms $48.92 7A 3C 8P Yakima Power Equipment Operators Bump Cutter $51.70 7A 3C 8P Yakima Power Equipment Operators Cableways $52.19 7A 3C 8P Yakima Power Equipment Operators Chipper $51.70 7A 3C 8P Yakima Power Equipment Operators Compressor $48.92 7A 3C 8P Yakima Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Over 42 M $52.19 7A 3C 8P Yakima Power Equipment Operators Concrete Finish Machine -laser Screed $4892 7A 3C 8P Yakima Power Equipment Operators Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. $51.28 7A 3C 8P Yakima Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Up To 42m $51.70 7A 3C 8P Yakima jPower Equipment Operators lConveyors $51.281 7A 3C 8P Yakima Power Equipment Operators lCranes. 20 Tons Through 44 $51.70 7A 3C 8P JV II - y - VII 1 \U ll...lt 11 ­1 V1 ­L J/LV/LV 1 1 Tons With Attachments Yakima Power Equipment Operators Cranes: 20 Tons Through 44 $51.70 7A 3C 8P Tons With Attachments Overhead, Bridge Type Crane. 20 Tons Through 44 Tons Yakima Power Equipment Operators Cranes: 100 Tons Through 199 $5274 7A 3C 8P Tons, Or 150' Of Boom (including Jib With Yakima Power Equipment Operators Cranes: 100 Tons Through 199 $52.74 7A 3C 8P Tons, or 150' of boom (including jib with attachments); Overhead, bridge type, 100 tons and over; Tower crane up to 175' in height, base to boom. Yakima Power Equipment Operators Cranes: 200 Tons To 300 Tons, $53.31 7A 3C 8P Or 250' Of Boom (including Jib With Attachments) Yakima Power Equipment Operators Cranes: 45 Tons Through 99 $52.19 7A 3C 8P Tons, Under 150' Of Boom (including Jib With Attachments) Yakima Power Equipment Operators Cranes: A -frame - 10 Tons And $4892 7A 3C 8P Under Yakima Power Equipment Operators Cranes Friction 100 Tons $53.31 7A 3C 8P Through 199 Tons Yakima Power Equipment Operators Cranes- Friction Over 200 Tons $53.87 7A 3C 8P Yakima Power Equipment Operators Cranes: Over 300 Tons Or 300' $5387 7A 3C 8P Of Boom (including Jib With Attachments) Yakima Power Equipment Operators Cranes: Through 19 Tons With $51.28 7A 3C 8P Attachments A -frame Over 10 Tons Yakima. Power Equipment Operators Crusher $51.70 7A 3C 8P Yakima Power Equipment Operators Deck Engineer /deck Winches $51.70 7A 3C 8P (power) Yakima Power Equipment Operators Derricks, On Building Work $5219 7A 3C 8P Yakima Power Equipment Operators Dozer Quad 9, HD 41, D10 and $52 19 7A 3C 8P Over Yakima Power Equipment Operators Dozers D -9 & Under $51 28 7A 3C 8P Yakima Power Equipment Operators Drill Oilers. Auger Type, Truck $51 28 7A 3C 8P Or Crane Mount Yakima Power Equipment Operators Drilling Machine $51.70 7A 3C 8P Yakima Power Equipment Operators Elevator And Man -lift: $48.92 7A 3C 8P Permanent And Shaft Type Yakima Power Equipment Operators Finishing Machine, Bidwell And $51.70 7A 3C 8P Gamaco & Similar Equipment Yakima Power Equipment Operators Forklift: 3000 Lbs And Over $51.28 7A 3C 8P With Attachments Yakima Power Equipment Operators Forklifts: Under 3000 Lbs. With $48 92 7A 3C 8P Attachments 1 i n 1 1 r 1 Yakima Power Equipment Operators Grade Engineer: Using Blue $51.70 7A 3C 8P Prints, Cut Sheets, Etc Yakima Power Equipment Operators Gradechecker /stakeman $48.92 7A 3C 8P Yakima Power Equipment Operators Guardrail Punch $51.70 7A 3C 8P Yakima Power Equipment Operators Guardrail Punch /Auger $51.70 7A 3C 8P Yakima Power Equipment Operators Hard Tail End Dump Articulating $52.19 7A 3C 8P Off- Road Equipment 45 Yards. & Over Yakima Power Equipment Operators Hard Tail End Dump Articulating $51.70 7A 3C 8P Off -road Equipment Under 45 Yards Yakima Power Equipment Operators Horizontal /directional Drill $51.28 7A 3C 8P Locator Yakima Power Equipment Operators Horizontal /directional Drill $51.70 7A 3C 8P Operator Yakima Power Equipment Operators Hydralifts /boom Trucks Over 10 $51.28 7A 3C 8P Tons Yakima Power Equipment Operators Hydralifts /boom Trucks, 10 $48.92 7A 3C 8P Tons And Under Yakima Power Equipment Operators Loader, Overhead 8 Yards. & $52.74 7A 3C 8P Over Yakima Power Equipment Operators Loader, Overhead, 6 Yards. But $5219 7A 3C 8P Not Including 8 Yards Yakima Power Equipment Operators Loaders, Overhead Under 6 $51.70 7A 3C 8P Yards Yakima Power Equipment Operators Loaders, Plant Feed $51.70 7A 3C 8P Yakima Power Equipment Operators Loaders: Elevating Type Belt $51 28 7A 3C 8P Yakima Power Equipment Operators Locomotives, All $51.70 7A 3C 8P Yakima Power Equipment Operators Material Transfer Device $51 70 7A 3C 8P Yakima Power Equipment Operators Mechanics, All (leadmen - $0.50 $5274 7A 3C 8P Per Hour Over Mechanic) Yakima Power Equipment Operators Mixers: Asphalt Plant $51.70 7A 3C 8P Yakima Power Equipment Operators Motor Patrol Grader - Non- $51 28 7A 3C 8P finishing Yakima Power Equipment Operators Motor Patrol Graders, Finishing $52 19 7A 3C 8P Yakima Power Equipment Operators Mucking Machine, Mole, Tunnel $52.19 7A 3C 8P Drill, Boring, Road Header And /or Shield Yakima Power Equipment Operators Oil Distributors, Blower $48.92 7A 3C 8P Distribution & Mulch Seeding Operator Yakima Power Equipment Operators Outside Hoists (elevators And $51.28 7A 3C 8P Manlifts), Air Tuggers,strato Yakima Power Equipment Operators Overhead, Bridge Type Crane- $51.70 7A 3C 8P 20 Tons Through 44 Tons Yakima Power Equipment Operators Overhead, Bridge Type: 100 $5274 7A 3C 8P Tons And Over Yakima Power Equipment Operators Overhead, Bridge Type: 45 Tons Through 99 Tons $52.19 7A 3C 8P Yakima Power Equipment Operators Pavement Breaker $48.92 7A 3C 8P Yakima Power Equipment Operators Pile Driver (other Than Crane Mount) $51.70 7A 3C 8P Yakima Power Equipment Operators Plant Oiler - Asphalt, Crusher $51.28 7A 3C 8P Yakima Power Equipment Operators Posthole Digger, Mechanical $48.92 7A 3C 8P Yakima Power Equipment Operators Power Plant $48.92 7A 3C 8P Yakima Power Equipment Operators Pumps - Water $4892 7A 3C 8P Yakima Power Equipment Operators Quad 9, Hd 41, D10 And Over $52 19 7A 3C 8P Yakima Power Equipment Operators Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $48.92 7A 3C 8P Yakima Power Equipment Operators Remote Control Operator On Rubber Tired Earth Moving Equipment $52 19 7A 3C 8P Yakima Power Equipment Operators Rigger And Bellman $48.92 7A 3C 8P Yakima Power Equipment Operators Rollagon $52.19 7A 3C 8P Yakima Power Equipment Operators Roller, Other Than Plant Mix $48.92 7A 3C 8P Yakima Power Equipment Operators Roller, Plant Mix Or Multi -lift Materials $51.28 7A 3C 8P Yakima Power Equipment Operators Roto -mill, Roto - grinder $51.70 7A 3C 8P Yakima Power Equipment Operators Saws - Concrete $51.28 7A 3C 8P Yakima Power Equipment Operators Scraper, Self Propelled Under 45 Yards $51.70 7A 3C 8P Yakima Power Equipment Operators Scrapers - Concrete & Carry All $51.28 7A 3C 8P Yakima Power Equipment Operators Scrapers, Self- propelled. 45 Yards And Over $5219 7A 3C 8P Yakima Power Equipment Operators Service Engineers - Equipment $51 28 7A 3C 8P Yakima! Power Equipment Operators Shotcrete /gunite Equipment $48.92 7A 3C 8P Yakima Power Equipment Operators Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons $51.28 7A 3C 8P Yakima Power Equipment Operators Shovel, Excavator, Backhoe Over 30 Metric Tons To 50 Metric Tons $52.19 7A 3C 8P Yakima Power Equipment Operators Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $51.70 7A 3C 8P Yakima Power Equipment Operators Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $52.74 7A 3C 8P I Yakima Power Equipment Operators Shovel, Excavator, Backhoes. Over 90 Metric Tons $53.31 7A 3C 8P I Yakima Power Equipment Operators Slipform Pavers $52.19 7A 3C 8P Yakima Power Equipment Operators Spreader, Topsider & Screedman $52.19 7A 3C 8P I Yakima Power Equipment Operators Subgrader Trimmer $51 70 7A 3C 8P 7 1 Ll 1 1 Yakima Power Equipment Operators Tower Bucket Elevators $51.28 7A 3C 8P Yakima Power Equipment Operators Tower Crane Over 175'in $53.31 7A 3C 8P Height, Base To Boom Yakima Power Equipment Operators Tower Crane Up To 175' In $5274 7A 3C 8P Height Base To Boom Yakima Power Equipment Operators Transporters, All Track Or Truck $5219 7A 3C 8P Type Yakima Power Equipment Operators Trenching Machines $51.28 7A 3C 8P Yakima Power Equipment Operators Truck Crane Oiler /driver - 100 $51.70 7A 3C 8P Tons And Over Yakima Power Equipment Operators Truck Crane Oiler /driver Under $51.28 7A 3C 8P 100 Tons Yakima Power Equipment Operators Truck Mount Portable Conveyor $51.70 7A 3C 8P Yakima Power Equipment Operators Welder $52.19 7A 3C 8P Yakima Power Equipment Operators Wheel Tractors, Farmall Type $4892 7A 3C 8P Yakima Power Equipment Operators Yo Yo Pay Dozer $51 70 7A 3C 8P Yakima Power Equipment Operators- Asphalt Plant Operators $52.19 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Assistant Engineer $48.92 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Barrier Machine (zipper) $51.70 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Batch Plant Operator, Concrete $51.70 7A .3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Bobcat $4892 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Brokk - Remote Demolition $4892 7A 3C 8P Underground Sewer & Water Equipment Yakima Power Equipment Operators- Brooms $48.92 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Bump Cutter $51.70 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Cableways $52.19 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Chipper $51 70 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Compressor $48.92 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Concrete Pump: Truck Mount $52 19 7A 3C 8P Underground Sewer & Water With Boom Attachment Over 42 M Yakima Power Equipment Operators- Concrete Finish Machine -laser $4892 7A 3C 8P Underground Sewer & Water Screed Yakima Power Equipment Operators- Concrete Pump - Mounted Or $51.28 7A 3C 8P Underground Sewer & Water Trailer High Pressure Line Pump, Pump High Pressure. Yakima jPower Equipment Operators- lConcrete Pump: Truck Mount $51.701 7A I 3C I 8P ,--,,.,y Lt.v 1\U _ 1..--v, muLu J�LV�LV IJ I Underground Sewer & Water With Boom Attachment Up To 42m Yakima Power Equipment Operators- Conveyors $51.28 7A 3C 8P' Underground Sewer & Water Yakima Power Equipment Operators- Cranes: 20 Tons Through 44 $51.70 7A 3C 8P Underground Sewer & Water Tons With Attachments Yakima Power Equipment Operators- Cranes. 20 Tons Through 44 $51 70 7A 3C 8P Underground Sewer & Water Tons With Attachments Overhead, Bridge Type Crane: 20 Tons Through 44 Tons Yakima Power Equipment Operators- Cranes: 100 Tons Through 199 $52.74 7A 3C 8P Underground Sewer & Water Tons, Or 150' Of Boom (including Jib With Yakima Power Equipment Operators- Cranes- 200 Tons To 300 Tons, $53.31 7A 3C 8P Underground Sewer & Water Or 250' Of Boom (including Jib. With Attachments) Yakima Power Equipment Operators- Cranes- 45 Tons Through 99 $5219 7A 3C 8P Underground Sewer & Water Tons, Under 150' Of Boom (including Jib With Attachments) Yakima Power Equipment Operators- Cranes. A -frame - 10 Tons And $4892 7A 3C 8P Underground Sewer & Water Under Yakima Power Equipment Operators- Cranes: Friction 100 Tons $5331 7A 3C 8P Underground Sewer & Water Through 199 Tons Yakima Power Equipment Operators- Cranes: Friction Over 200 Tons $53.87 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Cranes: Over 300 Tons Or 300' $53.87 7A 3C 8P Underground Sewer & Water Of Boom (including Jib With , Attachments) Yakima Power Equipment Operators- Cranes: Through 19 Tons With $51 28 7A 3C 8P Underground Sewer & Water Attachments A -frame Over 10 Tons Yakima Power Equipment Operators- Crusher $51.70 7A 3C 8P Underground Sewer & Water — 1 Yakima Power Equipment Operators- Deck Engineer /deck Winches $51.70 7A 3C 8P Underground Sewer & Water (power) Yakima Power Equipment Operators- Derricks, On Building Work $52.19 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Dozer Quad 9, HD 41, D10 and $52 19 7A 3C 8P Underground Sewer & Water Over Yakima Power Equipment Operators- Dozers D -9 & Under $51 28 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Drill Oilers. Auger Type, Truck $51 28 7A 3C 8P Underground Sewer & Water Or Crane Mount Yakima Power Equipment Operators- Drilling Machine $51.70 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Elevator And Man -lift: $4892 7A 3C 8P Underground Sewer & Water Permanent And Shaft Type Yakima Power Equipment Operators- Finishing Machine, Bidwell And $51.70 7A 3C 8P Underground Sewer & Water Gamaco & Similar Equipment 11 1 11 Yakima Power Equipment Operators- Forklift: 3000 Lbs And Over $51.28 7A 3C 8P Underground Sewer & Water With Attachments Yakima Power Equipment Operators- Forklifts: Under 3000 Lbs. With $48.92 7A 3C 8P Underground Sewer & Water Attachments Yakima Power Equipment Operators- Grade Engineer: Using Blue $51.70 7A 3C 8P Underground Sewer & Water Prints, Cut Sheets, Etc Yakima Power Equipment Operators- Gradechecker /stakeman $4892 7A 3C 8P Underground Sewer & Water . Yakima Power Equipment Operators- Guardrail Punch $51.70 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Guardrail Punch /Auger $51.70 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Hard Tail End Dump Articulating $52.19 7A 3C 8P Underground Sewer & Water Off- Road Equipment 45 Yards. & Over Yakima Power Equipment Operators- Hard Tail End Dump Articulating $51.70 7A 3C 8P Underground Sewer & Water Off -road Equipment Under 45 Yards Yakima Power Equipment Operators- Horizontal /directional Drill $51.28 7A 3C 8P Underground Sewer & Water Locator Yakima Power Equipment Operators- Horizontal /directional Drill $51.70 7A 3C 8P Underground Sewer & Water Operator Yakima Power Equipment Operators- Hydralifts /boom Trucks Over 10 $51.28 7A 3C 8P Underground Sewer & Water Tons Yakima Power Equipment Operators- Hydralifts /boom Trucks, 10 $48.92 7A 3C 8P Underground Sewer & Water Tons And Under Yakima Power Equipment Operators- Loader, Overhead 8 Yards. & $52.74 7A 3C 8P Underground Sewer & Water Over Yakima Power Equipment Operators- Loader, Overhead, 6 Yards But $52 19 7A 3C 8P Underground Sewer & Water Not Including 8 Yards Yakima Power Equipment Operators- Loaders, Overhead Under 6 $51.70 7A 3C 8P Underground Sewer & Water Yards Yakima Power Equipment-Operators- Loaders, Plant Feed $51.70 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Loaders. Elevating Type Belt $51.28 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Locomotives, All $51.70 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Material Transfer Device $51.70 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Mechanics, All (leadmen - $0.50 $52.74 7A 3C 8P Underground Sewer & Water Per Hour Over Mechanic) Yakima Power Equipment Operators- Mixers: Asphalt Plant $51 70 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Motor Patrol Grader - Non- '$51.28 7A 3C 8P Underground Sewer & Water finishing Yakima Power Equipment Operators- Motor Patrol Graders, Finishing $52.19 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Mucking Machine, Mole, Tunnel $52.19 7A 3C 8P Underground Sewer & Water Drill, Boring, Road Header And /or Shield Yakima Power Equipment Operators- Oil Distributors, Blower $48.92 7A 3C 8P Underground Sewer & Water Distribution & Mulch Seeding Operator Yakima Power Equipment Operators- Outside Hoists (elevators And $51 28 7A 3C 8P Underground Sewer & Water Manlifts), Air Tuggers,strato Yakima Power Equipment Operators- Overhead, Bridge Type Crane. $51.70 7A 3C 8P Underground Sewer & Water 20 Tons Through 44 Tons Yakima Power Equipment Operators- Overhead, Bridge Type: 100 $52.74 7A 3C 8P Underground Sewer & Water Tons And Over Yakima Power Equipment Operators- Overhead, Bridge Type. 45 $52 19 7A 3C 8P Underground Sewer & Water Tons Through 99 Tons Yakima Power Equipment Operators- Pavement Breaker $48.92 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Pile Driver (other Than Crane $51.70 7A 3C 8P Underground Sewer & Water Mount) Yakima Power Equipment Operators- Plant Oiler - Asphalt, Crusher $51.28 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Posthole Digger, Mechanical $48.92 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Power Plant $48 92 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Pumps - Water $4892 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Quad 9, Hd 41, D10 And Over $52.19 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Quick Tower - No Cab, Under $48.92 7A 3C 8P Underground Sewer & Water 100 Feet In Height Based To Boom Yakima Power Equipment Operators- Remote Control Operator On $52.19 7A 3C 8P Underground Sewer & Water Rubber Tired Earth Moving Equipment Yakima Power Equipment Operators- Rigger And Bellman $48.92 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Rollagon $52.19 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Roller, Other Than Plant Mix $48.92 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Roller, Plant Mix Or Multi -lift $51.28 7A 3C 8P Underground Sewer & Water Materials Yakima Power Equipment Operators- Roto -mill, Roto - grinder $51.70 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Saws - Concrete $51.28 7A 3C 8P Underground Sewer & Water Euponderground wer Equipment Operators- Scraper, Self Propelled Under $51.70 7A 3C Sewer & Water 45 Yards 1 1 1 Ll Ll 1 Yakima Power Equipment Operators- Scrapers - Concrete & Carry All $51.28 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Scrapers, Self- propelled: 45 $52.19 7A 3C 8P Underground Sewer & Water Yards And Over Yakima Power Equipment Operators- Service Engineers - Equipment $51.28 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Shotcrete /gunite Equipment $48.92 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Shovel , Excavator, Backhoe, $51 28 7A 3C 8P Underground Sewer & Water Tractors Under 15 Metric Tons. Yakima Power Equipment Operators- Shovel, Excavator, Backhoe: $52.19 7A 3C 8P Underground Sewer & Water Over 30 Metric Tons To 50 Metric Tons Yakima Power Equipment Operators- Shovel, Excavator, Backhoes, $51 70 7A 3C 8P Underground Sewer & Water Tractors: 15 To 30 Metric Tons Yakima Power Equipment Operators- Shovel, Excavator, Backhoes: $5274 7A 3C 8P Underground Sewer & Water Over 50 Metric Tons To 90 Metric Tons Yakima Power Equipment Operators- Shovel, Excavator, Backhoes: $53.31 7A 3C 8P Underground Sewer & Water Over 90 Metric Tons Yakima Power Equipment Operators- Slipform Pavers $52.19 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Spreader, Topsider & $52.19 7A 3C 8P Underground Sewer & Water Screedman Yakima Power Equipment Operators- Subgrader Trimmer $51 70 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Tower Bucket Elevators $51.28 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Tower Crane Over 175'in $53.31 7A 3C 8P Underground Sewer & Water Height, Base To Boom Yakima Power Equipment Operators- Tower Crane Up To 175' In $52.74 7A 3C 8P Underground Sewer & Water Height Base To Boom Yakima Power Equipment Operators- Transporters, All Track Or Truck $5219 7A 3C 8P Underground Sewer & Water Type Yakima Power Equipment Operators- Trenching Machines $51.28 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Truck Crane Oiler /driver - 100 $51.70 7A 3C 8P Underground Sewer & Water Tons And Over Yakima Power Equipment Operators- Truck Crane Oiler /driver Under $51.28 7A 3C 8P Underground Sewer & Water 100 Tons Yakima Power Equipment Operators- Truck Mount Portable Conveyor $51 70 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Welder $52.19 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Wheel Tractors, Farmall Type $4892 7A 3C 8P Underground Sewer & Water Yakima Power Equipment Operators- Yo Yo Pay Dozer $51.70 7A 3C 8P Underground Sewer & Water Yakima Power Line Clearance Tree Trimmers Journey Level In Charge $42.91 5A 4A Yakima Power Line Clearance Tree Trimmers Spray Person $40.73 5A 4A Yakima Power Line Clearance Tree Trimmers Tree Equipment Operator $41.29 5A 4A Yakima Power Line Clearance Tree Trimmers Tree Trimmer $38.38 5A 4A Yakima Power Line Clearance Tree Trimmers Tree Trimmer Groundperson $28.95 5A 4A Yakima Refrigeration & Air Conditioning Mechanics Journey Level $2811 1 Yakima Residential Brick Mason Journey Level $29.00 1 Yakima Residential Carpenters Journey Level $17.14 1 Yakima Residential Cement Masons Journey Level $11.86 1 Yakima Residential Drywall Applicators Journey Level $1800 1 Yakima Residential Drywall Tapers Journey Level $17.00 1 Yakima Residential Electricians Journey Level $21.98 1 Yakima Residential Glaziers Journey Level $22.43 61 1B Yakima Residential Insulation Applicators Journey Level $14.38 1 Yakima Residential Laborers Journey Level $11.02 1 Yakima. Residential Marble Setters Journey Level $2900 1 Yakima Residential Painters Journey Level $16.32 1 Yakima Residential Plumbers & Pipefitters Journey Level $20.55 1 Yakima Residential Refrigeration & Air Conditioning Mechanics Journey Level $2811 1 Yakima Residential Sheet Metal Workers Journey Level (Field or Shop) $37.10 5A 1X Yakima Residential Soft Floor Layers Journey Level $1755 1 Yakima Residential Sprinkler Fitters (Fire Protection) Journey Level $919 1 Yakima Residential Stone Masons Journey Level $16.00 1 Yakima Residential Terrazzo Workers Journey Level $9.19 1 Yakima Residential Terrazzo /Tile Finishers Journey Level $1700 1 Yakima Residential Tile Setters Journey Level $16.78 1 Yakima Roofers Journey Level $12.00 1 Yakima Sheet Metal Workers Journey Level (Field or Shop) $50.61 5A 1X Yakima Sign Makers & Installers (Electrical) Journey Level $14.65 1 Yakima Sign Makers & Installers (Non- Electrical) Journey Level $14.65 1 Yakima Soft Floor Layers Journey Level $23.11 5A 1 N I 1 1. 1 Yakima Solar Controls For Windows Journey Level $9.19 1 Yakima Sprinkler Fitters (Fire Protection) Journey Level $26.36 1 Yakima Stage Rigging Mechanics (Non Structural) Journey Level $13.23 1 Yakima Stone Masons Journey Level $41.48 5A 1 M Yakima Street And Parking Lot Sweeper Workers Journey Level $9.19 1 Yakima Surveyors Assistant Construction Site Surveyor $51 28 7A 3C 8P Yakima Surveyors Chainman $50.76 7A 3C 8P Yakima Surveyors Construction Site Surveyor $52.19 7A 3C 8P Yakima Telecommunication Technicians Journey Level $20.00 1 Yakima Telephone Line Construction - Outside Cable Splicer $3509 5A 2B Yakima Telephone Line Construction - Outside Hole Digger /Ground Person $19.22 5A 2B Yakima Telephone Line Construction - Outside Installer (Repairer) $33.63 5A 2B Yakima Telephone Line Construction - Outside Special Aparatus Installer 1 $35.09 5A 2B Yakima Telephone Line Construction - Outside Special Apparatus Installer II $34.37 5A 2B Yakima Telephone Line Construction - Outside Telephone Equipment Operator (Heavy) $35.09 5A 2B Yakima Telephone Line Construction - Outside Telephone Equipment Operator (Light) $32.62 5A 2B Yakima Telephone Line Construction - Outside Telephone Lineperson $32.62 5A 2B Yakima Telephone Line Construction - Outside Television Groundperson $18.65 5A 2B Yakima Telephone Line Construction - Outside Television Lineperson /Installer $24.66 5A 2B Yakima Telephone Line Construction - Outside Television System Technician $29.42 5A 2B Yakima Telephone Line Construction - Outside Television Technician $26.43 5A 2B Yakima Telephone Line Construction - Outside Tree Trimmer $32.95 5A 2B Yakima Terrazzo Workers Journey Level $3215 5A 1M Yakima Tile Setters Journey Level $32.15 5A 1M Yakima Tile, Marble & Terrazzo Finishers Journey Level $2807 5A 1M Yakima Traffic Control Stripers Journey Level 1 $41.531 A 1 K Yakima Truck Drivers Asphalt Mix 1 $14.19 1 JVMlll-y -.", 1.1 ll. \.l1V l.. L.414 J�LV�LV IJ Yakima Truck Drivers Dump Truck & Trailer(c wa -760) $36.36 61 2G Yakima Truck Drivers Dump Truck(c.wa -760) $36.36 61 2G Yakima Truck Drivers Other Trucks(c.wa -760) $36.36 61 2G Yakima Truck Drivers Transit Mixer $38.96 1 Yakima Well Drillers & Irrigation Pump Installers Irrigation Pump Installer $25.44 1 Yakima Well Drillers & Irrigation Pump Installers Oiler $9.20 - 1 Yakima Well Drillers & Irrigation Pump Installers Well Driller $1800 1 J