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PW12-142 - Original - AGR Contracting, Inc. - Green River Levee Flood Protection Giant Sandbag Removal - 07/03/2012
T Records Managerno-rit. KEN W nSHivGTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: AGR Contracting Inc. Vendor Number: JD Edward t s Number Contract Number: A-) u— I '1 0n� This is assigned by City Clerk's Office Project Name: Green River Levee Flood Protection Giant Sandbag Removal Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's Signature Termination Date: 75 working days Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Peterson Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Removal and disposal of approximately 18,500 giant sandbags along the top of the Green River levee in Kent. The project also consists of repair of damaged levee reaches under the giant sandbags. _ J C Yk �gl _ s Pubhc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 CITY OF KENT KING COUNTY, WASHINGTON KENT SPECIAL PROVISIONS FOR Green River Levee Flood Protection Giant Sandbag Removal Project Number: 12-3002 BIDS ACCEPTED UNTIL BID OPENING June 25, 2012 June 25, 2012 10:45 A.M. 11:00 A.M. DELIVER TO CITY OF KENT, CITY HALL 220 4th Avenue S., Kent, WA 98032-589S TIMOTHY J. LAPORTE, P.E. PUBLIC WORKS DIRECTOR • KENT W A S H I N G T 0 N PUBLIC WORKS DEPARTMENT Timothy J LaPorte, P.E. Public Works Director 400 West Gowe Kent, WA 98032 Is Fax. 253-856-6500 KENT WM5Mi9GTON PHONE: 253-856-5500 CITY OF KENT KING COUNTY, WASHINGTON Green River Levee Flood Protection Giant Sandbag Removal Project Number: 12-3002 ADDENDUM No. 1 June 19, 2012 FROM: The Office of the City Engineer, Kent Washington TO: All Plan Holders of the Project Specifications and Plans This addendum forms a part of the Contract documents and modifies the Project Proposal and Specifications and Contract Drawings in accordance with the following: ALL CHANGES ARE SHOWN IN BOLD, ITALICS AND/OR STRIKETHROUGH I. BIDDER'S DOCUMENT SCHEDULE I - STREET ITEM SECTION APPROX. ITEM UNIT PRICE TOTAL NO. NO. QUANTITY AMOUNT 1002 2-05.5 16,158 Remove and Dispose of Existing $ $ KSP 15,825 Giant Sandbags and Content Per EA EACH Page 18 - Contractor's Qualification Statement The following changes to the Contractor's Qualification Statement are included in the attached pages. Bidders must use the revised Contractor's Qualification Statement pages for items 7 and S. RENUMBER item 7 to item 8. v Y V i MAYOR SUZETTE COOKE ADD the following new item 7: 7. DISPOSAL SITE DOCUMENTATION Bidders shall submit a map and address of the proposed disposal site(s) for the sandbag contents along with current valid permits demonstrating the site(s) is(are) approved to receive fill material. EXPLANATION — Due to the need to remove the giant sandbags within 75 calendar days, the City finds it necessary to ensure bidders have an approved disposal site to accommodate the quantities of fill material associated with the project and ensure no interruptions occur during the course of the project. Page 19 - Proposal Signature Page REVISE the first paragraph as follows: The undersigned bidder hereby proposes and agrees to start construction work on the Contract, if awarded to him/her, on or before ten (10) calendar days from the date of the Notice to Proceed, and agrees to complete the Contract within ninety (90) seventy-five (75) calendar days after issuance of the City's Notice to Proceed. REVISE the second paragraph as follows: The undersigned bidder hereby agrees to submit all insurance documents, performance bonds and signed contracts within ten-(1B) five (5) calendar days after City awards the Contract. The City anticipates issuance of the Notice to Proceed on the day of the preconstruction meeting. A preconstruction meeting will be held on July 2, 2012, in the City of Kent Engineering Department, Centennial Center, at 400 West Gowe, Kent, WA 98032, time to be determined. II. CONTRACT Page 25 - Contract REVISE the last sentence of the first paragraph of item 1 as follows: Unless otherwise directed by the City, work shall start within ten (10) days after the City issues its Notice to Proceed and be completed within ninety (90) seventy-five (75) calendar days. 2 III. KENT SPECIAL PROVISIONS Page 1-6 - Section 1-03.3 - Execution of Contract REVISE the first sentence of the second paragraph as follows: Within 19 five calendar days after the award date, the successful bidder shall return the signed City prepared contract, insurance certification as required by the contract, and a satisfactory bond as required by law and Section 1-03.4. Page 2-4 - Section 2-05.1 - Description ADD the following to end of this section: Sandbag content is variable and typical of native material excavated from areas south of the S. 231s1/Riverview Blvd. interchange. Bidders are responsible for verifying sandbag contents. Page 2-5 - Section 2-05.5 - Payment ADD the following to end of this section: Sandbag content is variable and typical of native material excavated from areas south of the S. 2315`/Riverview Blvd. interchange. Bidders are responsible for I verifying sandbag contents. IV. APPENDICES Page A-2 - SCHEDULES VICINITY MAP AND ACCESS LOCATION REPLACE Vicinity Map and Map 4 with the attached. END OF ADDENDUM No. 1 Chad Bieren, P.E. Date City Engineer Attachments: Contractors Qualification Statement (2 pages) Appendix 2 - Maps (2 pages) 3 Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixed Assets; Other Assets; Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for Income taxes, advances, accrued salaries and accrued payroll taxes);Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). 6.1.2 Name and address of firm preparing attached financial statement, and date thereof: 6.1.3 Is the attached financial statement for the Identical organization named on page one? 6.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent- subsidiary). 6.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? 7. DISPOSAL SITE DOCUMENTATION Bidders shall submit a map and address of the proposed disposal site(s) for the sandbag contents along with current valid permits demonstrating the site(s) is(are) approved to receive fill material." EXPLANATION — Due to the need to remove the giant sandbags within 75 days, the City finds it necessary to ensure bidders have an approved disposal site to accommodate the quantities of fill material associated with the project and ensure no interruptions occur during the course of the project. S. SIGNATURE 7.1 Dated at this day of , 2012. Name of Organization: By: Title: Giant Sandbag Removal - Rebid/Horn 18 June 19, 2012 Project Number, 12-3002 7.2 , being duly sworn, deposes and says that the Information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this day of , 2012. Notary Public: My Commission Expires: Giant Sandbag Removal - Rebid/Horn 19 June 19, 2012 Project Number 12-3002 0 7501,500 3,000 4l' Lk / O Feet -N �� Prepared by City of Kent #16 Engineering Dept June 2012 Jl c co REVISED ( k �p&O THIS SECTION i ai NOTINCLUDED r s 200 ST #15 o do z j a ° • 1 r ST �.�>�I `•i ai m �j #14B UJi s 21 14A 2 T #14 �i �-- ( ��.•� ¢+-� #13 GREEN w RIVER NAT,URALr�,i 0 0 f RESOURCES AREAS W > 3 ST ! j 12 0 cc 167 S 228 s i a J #11 'v� i 1 '1 w of o ¢ 0 St RIVERh' opal r•ro GOLF -SlPtit� .� COMPLEX tvteekcri t W - W, I � o� I ► O� 5 — e I� - Kvlck w k 1 I #6 t + a L i I Sra z `-vr•T-�...�....-,..-,ram»--?-:.T ..�-, r.._ > � �jr Legend ----�- -==__ O Access Point r T •••--• Giant Sandbags Vicinity Map (REVISED) — — - Kent City Limits Ss "� Green River Levee Giant Sandbag Removal des12-5e mxd Legend Saxon Dr t Giant Sandbags o j — — Kent City Limits tt ; _ _ d Dr Tnlan - - Trails � I z N S 180 St � I < I 0 250 500 1,000 I o Feet , ..-,_.,_.Segale Park ID / �� ' 181 St Prepared by City of Kent � ,' i �� ��RIVeI' r Engineering Dept June 2012 Mlle r I t 4 I Rrve t� 14.5 ��� S 182 St r!!Ide 0, 4 St r/ I el m' / d CL ' r^QIQ aOl coL I `a /I I o 70 ivd 186 Sti - Q C cn S 188 St 1t,4E- - ,ERA S Glacier St BRISCOE 4 I PARK }���''� �'a...��•''!� ' r/ / r � ♦ i �.ra A� 1•� � � r ACCESS POINT 2-0 St- U) Vj 191 Pig JI � >\1 Q < col t�0 5,5 193 St Zf F-I ml ACCESS POINT#15A !.��� S 194 St FRAGER ROAD i ,i s� _ -_" -- iss Pl wi SOUTH s / ' I 5 196 1 aCO w ' bF �r >1 3 Z q �jJ ACCESS POINT#15 S ^� (P\ 6 S 200TH ST(THREE FRIENDS FISHING HOLE) Crl River M � ! S 2007H ST j ` •..._.Mtle 17 ' ,.il o _s 2oost t v REVISED �� S THIS SECTION NOT INCLUDED ��/ �f ¢' f t S_2_04S_t i -T _� I IN ►! Green River Levee Giant Sandbag Removal > i GATE PA MAP 4 (REVISED) des 12-5d mxd PUBLIC WORKS DEPARTMENT Timothy J LaPorte, P E Public Works Director 400 West Gowe Kent, WA 98032 • Fax• 253-856-6500 KENT "'^s.'"°T o" PHONE: 253-856-5500 CITY OF KENT KING COUNTY, WASHINGTON Green River Levee Flood Protection Giant Sandbag Removal Project Number: 12-3002 ADDENDUM No. 2 June 20, 2012 FROM: The Office of the City Engineer, Kent Washington TO: All Plan Holders of the Project Specifications and Plans This addendum forms a part of the Contract documents and modifies the Project Proposal and Specifications and Contract Drawings in accordance with the following: ALL CHANGES ARE SHOWN IN BOLD, ITALICS AND/OR STRIKETHROUGH I. KENT SPECIAL PROVISIONS Page 1-12 - Section 1-05.14 - Cooperation With Other Contractors ADD the following to the end of this section: Removal of sandbags on the east side of the Green River from South 200th Street, south to South 212th Street shall be the first segment of sandbag removal and shall be completed by July 31, 2012. The City project, Boeing Secondary Levee and Floodwall at Three Friends Fishing Hole is scheduled to begin August 1, 2012. Contractor should be prepared for delays after August 1, 2012, for trail repairs if needed on that segment. The second segment of sandbag removal shall include all sandbags to be removed through Access Point No. 3, South 261st Street to East Valley Highway as noted on Map 1 in Appendix 2 by August 15th 2012. The City project, Horseshoe Bend Levee Improvements East and West Riverbend Secondary Levee - Phase II, is scheduled to begin construction mid- August 2012. Contractor should be prepared for delays after August 15, 2012, for trail repairs if needed on that segment. END OF ADDENDUM No. 2 3 c a� 3 Chad Bleren, P.E. Date 3 City Engineer 0 MAYOR SUZETTE COOKE TAB INDEX Tab 1 Bidder's Package Tab 2 Payment and Performance Bond and Contract Tab 3 Table of Contents Tab 4 Kent Special Provisions Tab 5 Miscellaneous Details Tab 6 Vicinity Map and Access Location Tab 7 Ecology Block Location Maps Tab 8 Traffic Control Plans Tab 9 Bald Eagle Management Plan Tab 10 Sign Removal Tab 11 Prevailing Wage Rates CITY OF KENT KING COUNTY, WASHINGTON KENT SPECIAL PROVISIONS FOR Green River Levee Flood Protection Giant Sandbag Removal Project Number: 12-3002 BIDS ACCEPTED UNTIL BID OPENING June 25, 2012 June 25, 2012 10:45 A.M. 11:00 A.M. DELIVER TO CITY OF KENT, CITY HALL 220 4th Avenue S., Kent, WA 98032-589S TIMOTHY J. LAPORTE, P.E. PUBLIC WORKS DIRECTOR Q+�FW �c�� �O PF 332m p �' j�S raRti� y f 2 • NAL KENT WAS HI N CSTON ~ BIDDER'S NAME Adk Coa'C��CTi►J[a rJ� CITY OF KENT KING COUNTY, WASHINGTON KENT SPECIAL PROVISIONS FOR Green River Levee Flood Protection Giant Sandbag Removal Project Number: 12-3002 BIDS ACCEPTED UNTIL BID OPENING June 25, 2012 June 25, 2012 10:45 A.M. 11:00 A.M. DELIVER TO CITY OF KENT, CITY HALL 220 4th Avenue S., Kent, WA 98032-5895 TIMOTHY 3. LAPORTE, P.E. PUBLIC WORKS DIRECTOR Iss KEN• T WASH IN G T O N ORDER OF CONTENTS Invitation to Bid Contractor Compliance Statement Declaration - City of Kent Equal Employment Opportunity Policy Administrative Policy 1.2 - Minority and Women Contractors City of Kent Equal Employment Opportunity Compliance Statement Proposal City of Kent Subcontractor List (over $100K) Subcontractor List (over $1 million) Contractor's Qualification Statement Proposal Signature Page Bid Bond Form Combined Affidavit & Certification Form Non-Collusion, Minimum Wage (Non-Federal Aid) Bidder's Checklist Payment and Performance Bond Contract Table of Contents Kent Special Provisions Miscellaneous Details Vicinity Map and Access Location Ecology Block Location Maps Traffic Control Plans Bald Eagle Management Plan Sign Removal Prevailing Wage Rates INVITATION TO BID Notice is hereby given that the City of Kent, Washington, will receive sealed bids at the City Clerk's office through June 25, 2012 up to 10:45 a.m. as shown on the clock on the east wall of the City Clerk's Office on the first floor of City Hall, 220 4th Avenue South, Kent, Washington. All bids must be properly marked and sealed in accordance with this "Invitation to Bid." Bids must be delivered and received at the City Clerk's office by the above-stated time, regardless of delivery method, including U.S. Mail. All bids will be opened and read publicly aloud at 11:00 a.m. for the City of Kent project named as follows: Green River Levee Flood Protection - Giant Sandbag Removal Project Number: 12-3002 The project consists of the removal and disposal of approximately 18,500 giant sandbags (about 55,500 lineal feet in length) 3'W x 3'D x 3'H and the contents, which are currently along the top of the Green River Levee in Kent. The project also consists of repair of damaged levee reaches under the giant sand bags. Removal of the sandbags from the Green River Trail will be done with rubber tired or rubber tracked equipment to minimize damage to the trail surface. The exception to the removal of the sandbags from the levee will be the removal of approximately 2,300 giant sandbags within the River Bend Golf Complex area. These sandbags will be removed from the levee, but the fill material will be placed in wind-rows along the perimeter of the golf course as stated and noted in the specifications, or directed by the Engineer. The Contractor shall be responsible for the disposal and/or recycling of the empty giant sandbags, the black sheet plastic and the standard sandbags used to secure the sheet plastic, on a daily basis from the entire project. This project also involves the removal of approximately 260 Ecology Blocks from the City of Kent Municipal Court site at 1220 Central Avenue S. and the removal of approximately 118 HESCO barriers located on Hawley Road between Washington Avenue and SR 167. The blocks will be delivered to the City of Kent's Vactor site located at the northwest corner of 641h Avenue S. and S. 226th Street, where they are to be stacked four high in the location noted on the plans. The HESCO's will be emptied, cleaned, folded and stacked for delivery to the USACOE storage facility at 6335 15Y Avenue S. in Seattle. The work includes surface restoration and revegetation due to the work involved. The Engineer's estimated range for this project is approximately $1.1 to $1.6 million. Bid documents may be obtained by contacting City of Kent Engineering Department, Nancy Yoshitake at (253) 856-5508. For technical questions, please call Nick Horn at (253) 856-5529 or Kelly Peterson at (253) 856-5547. Bids must be clearly marked "Bid" with the name of the project on the outside of the envelope, addressed to the City Clerk, 220 4th Avenue South, Kent, WA 98032-5895. Only sealed bids will be accepted. No facsimiles will be considered. Each bid shall be in accordance with the plans and specifications and other contract documents now on file in the office of the City Engineer, City of Kent, Washington. Copies of the plans and Special Provisions may be purchased at a non-refundable cost of $50.00 for each set. Plans and specifications can also be downloaded at no charge at www.kentwa.gov/procurement. Copies of the WSDOT Standard Specifications are available for perusal only. A cashier's check, postal money order or surety bond in the amount of 5% of the bid is required. The City of Kent reserves the right to reject any and all bids or to waive any informalities in the bidding and shall determine which bid is the most responsive, satisfactory and responsible bidder and shall be the sole judge thereof. Award shall be made at the sole discretion of the City. No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit or as a defense to any action based upon the neglect or refusal to execute a contract. Bidders must submit with their initial bid a signed statement as to whether they have previously performed work subject to the President's Executive Order No. 11246. No bidder may withdraw his/her bid for a period of sixty (60) days after the day of bid opening. Dated this 4th day of June , 2012. BY: C r, G�p� Published in Kent Reporter on June 15, 2012 Daily Journal of Commerce on June 11 and 18, 2012 CONTRACTOR COMPLIANCE STATEMENT (President's Executive Order #11246) Date (91ZL} I t-z— This statement relates to a proposed contract with the City of Kent named Green River Levee Flood Protection - Giant Sandbag Removal Project Number: 12-3002 I am the undersigned bidder or prospective contractor. I represent that - 1. I have, ✓ have not, participated in a previous contract or subcontract subject to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. AU1z e o.-�'TQ p �-r,.J�� L w1 i;- NAME OF BIDDER BY: -PP-f-S i DF- J T— gnature itle ADDRESS (Note to Bidders: The information required in this Compliance Statement is informational only) Giant Sandbag Removal - Rebid/Horn 1 June 4, 2012 Project Number 12-3002 j DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such, all contractors, subcontractors and suppliers who perform work with relation to this contract shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific contract to adhere to. An affirmative response is required on all of the following questions for this contract to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlined, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the contract; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this contract I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this contract the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the contract I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this contract, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this 7-4 day of Jy t-J E , 2012. By: 1i hV For: AtIiiL GoaTtz-p.e.-n t-N 6% i t ae-- Title: _ T1izeitpe0 - Date: (012q A2 Giant Sandbag Removal - Rebid/Horn 2 June 4, 2012 Project Number 12-3002 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. Giant Sandbag Removal - Rebid/Horn 3 June 4, 2012 Project Number 12-3002 r' CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the contract. I, the undersigned, a duly represented agent of_ Company, hereby acknowledge and declare that the before- mentioned company was the prime contract for the contract known as Green River Levee Flood Protection - Giant Sandbag Removal/Project Number: 12-3002 that was entered Into on the (Date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned contract. Dated this day of , 2012, By: For: Title: Date: Giant Sandbag Removal - Rebid/Horn 4 June 4, 2012 Project Number 12-3002 PROPOSAL To the City Clerk City Hall Kent, Washington 98032 The undersigned hereby certifies thathas examined the job site, sandbag content and construction details of the work as outlined on the plans and described in the specifications for the project named Green River Levee Flood Protection - Giant Sandbag Removal/Project Number: 12- 3002 for the City of Kent, Washington, and has read and thoroughly understands the plans and specifications and contract documents governing the work embraced in this improvement and the method by which payment will be made for that work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with the bid and contract documents, and at the following schedule of rates and prices: NOTE TO BIDDERS: 1) All bid items are described in the Kent Special Provisions (KSP) or the Standard Specifications (WSDOT). Reference the Section No. listed in this proposal, where the bid item is described. 2) Proposal items are numbered in sequence but are non-continuous. 3) Unit prices for all items, all extensions, and total amount of bid must be shown. EXAMPLE SCHEDULE I - STREET ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 1006 2-03.5 100 Roadway Excavation, $14.00 $1,400.00 WSDOT CU YDS Including Haul Per CY Any bids not filled out properly may be considered non-responsive. Giant Sandbag Removal - Rebid/Horn 5 June 4, 2012 Project Number 12-3002 SCHEDULE I - STREET ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 1000 1-09.7 1 Mobilization $ E32-151 .�$ 8Z �Sl lo. co WSDOT LUMP SUM Per LS 1001 2-05.5 21320 Remove Existing Giant $ iI .-+(,o $ Z-4 Zgz, KSP EACH Sandbags and Empty Onsite Per EA SS,Q2S - -Pef- A4DStaC>0N1 tic,. 1 (o t`t I 12 1002 2-05.5 -i6,i5E) Remove and Dispose of $ ,90 $ 2-99�09Q 50 KSP EACH Existing Giant Sandbags and Per EA Content 1009 2-02.5 7,500 Remove Existing Asphalt $ '4.`bo $ -3lo�ocr� KSP SQ YDS Concrete Pavement Per SY 1010 2-08.5 1 Removal of Ecology Blocks $21,5534•co$ Z�,gS�•oo KSP LUMP SUM Per LS 1045 8-21.5 1 Removal of Traffic/ $Cl1St70 •VD$ g ,do KSP LUMP SUM Informational Signs Per LS 1050 2-02.5 500 Saw Cut Existing Asphalt $ S . 10 $ Z SSo.o0 KSP LN FT Concrete Pavement Per LF 1080 4-04.5 2,000 Crushed Surfacing Top $ Z6. ly $ S'Z Z50.00 KSP TONS Course, 5/8 Inch Minus Per TON 1095 5-04.5 11000 HMA Class 1/2", PG 64-22 $ t 1 b. S4 $ It Io11:54o.00 KSP TONS Per TON Giant Sandbag Removal - Rebid/Horn 6 June 4, 2012 Project Number 12-3002 SCHEDULE I - STREET ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 1100 5-04.5 60,000 Crack Sealing .98 $ spg gco.tx> KSP LN FT Per LF 4 1311 2-02.5 94 HESCO (F4315) Barrier Removal $ l a2 .oa $ p8 .tom KSP UNITS Cleaning & Delivery to Storage Per UNIT t 1312 2-02.5 24 HESCO (F4315) Barrier Removal $ 3p.oco $ O� KSP UNITS and Disposal Per UNIT 1320 8-30.5 2 Project Sign $ (o1A2 .c:�p $ KSP EACH Per EA 1355 1-04.4(1) 1 Minor Changes $8,000.00* $8,000.00 WSDOT CALC Per CALC *Common price to all bidders Sub Total $ 4Q lZ-� -moo 9.S% WA State Sales Tax $ �'rC1a3iZ •_l3 Schedule I - Alternate Total $ 0101 A-39_.83 Giant Sandbag Removal - Rebid/Horn 7 June 4, 2012 Project Number 12-3002 SCHEDULE V - TRAFFIC CONTROL ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 5055 1-10.5 280 Traffic Control Labor $ 45-1 D $ X- 1,14o8,o0 KSP HOURS Per HR 5010 1-10.5 128 Construction Signs Class A $ lo•54 $ 1134- IZ KSP SQ FT Per SF 5015 1-10.5 72 Traffic Control Supervisor $ G ?> L • $ KSP HOURS Per HR 5020 1-10.5 1 Temporary Traffic Control $ !, Aco.«o$ KSP LUMP SUM Devices Per LS Sub Total $_Z 1 , 123 .20 9.5% WA State Sales Tax $ ot-->(A, -+C;) Schedule V Total $ Z3i 129 .90 Giant Sandbag Removal - Rebid/Horn 8 June 4, 2012 Project Number. 12-3002 SCHEDULE VII - TEMPORARY EROSION AND SEDIMENT CONTROL ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 7000 8-01.5 6.5 Seeding, Fertilizing and $ t,`�sL4. $ 1-21 }nl ,� KSP ACRE Mulching Per AC 7010 8-01.5 500 Straw Wattles $ 2. 14o $ 1 ,200.oa KSP LN FT Per LF 7015 8-01.5 21 Inlet Protection $ 5b.oa KSP EACH Per EA 7020 8-01.5 500 Straw Mulch $ 1. 64 $ KSP SQ YDS Per SY 7030 8-01.5 80 ESC Lead $ 1 1'1 > 0 $ 9 ,LA-2- c)c) KSP HOURS Per HR 7040 8-01.5 60 Street Cleaning $ 1("0•oo $ 9 t(ocn, o0 KSP HOURS Per HR 7055 8-01.5 1 Temporary Erosion/Water $10,000.00* $10,000.00 WSDOT FORCE Pollution Control Per FA ACCOUNT *Common price to all bidders Sub Total $ �' VD 9.5% WA State Sales Tax $ tk,'L�o • 09 Schedule VII Total $ 4`Z i o3 . C)q Giant Sandbag Removal - Rebid/Horn 9 June 4, 2012 Project Number. 12-3002 SCHEDULE VIII - ROADSIDE RESTORATION ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 8005 8-02.5 100 Topsoil Type A $ S4. 18 $ 541 F3.oa KSP CU YDS Per CY ` 8030 8-02.5 1 Miscellaneous Landscape $5,500.00* $51,500.00 KSP FORCE Restoration Per FA ACCOUNT *Common price to all bidders Sub Total $ D,altP • oo 9.50/c WA State Sales Tax $ 1 , cz3-4.21 Schedule VIII Total $ 11,"ISS--2- 1 Giant Sandbag Removal - Rebid/Horn 10 June 4, 2012 Protect Number 12-3002 BID SUMMARY Schedule I V.,LAa0L b� Schedule V Schedule VII 4Ct, 4 v3 .09 Schedule VIII 11 ,C4 SS . 2 t TOTAL BID AMOUNT ` 9 (02 .03 Giant Sandbag Removal - Rebid/Horn 11 June 4, 2012 Protect Number 12-3002 CITY OF KENT SUBCONTRACTOR LIST (Contracts over $100,000) List each subcontractor, from any tier of subcontractors, that shall perform subcontract work amounting to more than 10% of the total bid contract price. List each bid item to be performed by each designated subcontractor in numerical sequence. If no subcontractors will be performing 10% or more of the work, indicate this by writing "None" and signing this form at the bottom of the page. Failure to submit a fully completed and signed subcontractor list after the time set for bid opening may disqualify your bid. Project Name: Green River Levee Flood Protection - Giant Sandbag Removal Project Number: 12-3002 Subcontractor Name ASJNAL:T Item Numbers lo9S, l 100 Subcontractor Name itDg Item Numbers l oSo Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers CONTRACTOR'S SIGNATURE Giant Sandbag Removal - Rebid/Horn 12 June 4, 2012 Project Number 12-3002 SUBCONTRACTOR LIST (Contracts over 1 million dollars) Name of Bidder: AtAg_ cc>o TzNc,-n 4-, lac_. Project Name: Green River Levee Flood Protection - Giant Sandbag Removal Project Number: 12-3002 Pursuant to RCW 39.30.060, Bidder shall list the names of the subcontractors with whom the Bidder, If awarded the contract, will subcontract for performance of the work of heating, ventilation, and air conditioning; plumbing; and electrical, or to name itself for the work. Failure of the Bidder to submit, as part of the Bid, the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the Bidder's Bid non-responsive and, therefore, void. Heating, Ventilation, and Air Conditioning Subcontractor Name: 11o►J� Plumbing Subcontractor Name: Electrical Subcontractor Name: fzLf �i2 4inature*o?'- dder Date Giant Sandbag Removal - Rebid/Horn 13 June 4, 2012 Project Number: 12-3002 CONTRACTOR'S QUALIFICATION STATEMENT (RCW 39.04.350) THE CITY WILL REVIEW THE CONTRACTOR'S RESPONSES TO THIS FORM TO DETERMINE WHETHER THE BIDDING CONTRACTOR IS RESPONSIBLE TO PERFORM THE CONTRACT WORK. THIS FORM REQUIRES CRITERIA ESTABLISHED BY STATE LAW AS WELL AS SUPPLEMENTAL CRITERIA ESTABLISHED BY THE CITY THAT ARE APPLICABLE TO THIS PUBLIC WORKS PROJECT. THE BIDDER SHOULD READ AND RESPOND TO THIS FORM CAREFULLY. Indicia of contractor's responsibility Inherently Involve subjective determinations as to the contractor's ability to perform and complete the contract work responsibly and to the owner city's satisfaction. The city has an obligation and a duty to Its citizens and its taxpayers to administer Its budgets and complete Its projects in a businesslike manner. Accordingly, it has a duty to exercise the type of inquiry and discretion a business would conduct when selecting a contractor who will be responsible to perform the contract work. The city's supplemental criteria are based, in large part, on the qualification statement form used by the American Institute of Architects. The city provides these criteria so as to provide the most objective framework possible within which the city will make Its decision regarding the bidder's ability to be responsible to perform the contract work. These criteria, taken together, will form the basis for the city's decision that a bidder is or is not responsible to perform the contract work. Any bidder may make a formal written request to the city to modify the criteria set forth in this qualification statement, but that request may only be made within 48 hours of the date and time that the bidder first obtains the bid documents or three (3) business days prior to the scheduled bid opening date, whichever occurs first. If the city receives a modification request, it will consider any information submitted in the request and will respond before the bid submittal deadline. If the city's evaluation results in changed criteria, the city will issue an addendum establishing the new or modified criteria. If the city determines that, based on the criteria established in this statement, a bidder is not responsible to perform the contract work, the city will provide written notice of its determination that will include the city's reason for its decision. The bidder has 24 hours from the time the city delivers written notice to the bidder that the bidder is not responsible to perform the contract work to appeal the city's determination. No appeals will be received after the expiration of this 24 hour appeal period. The city may deliver this notice by hand delivery, email, facsimile, or regular mail. In the event the city uses regular mail, the delivery will be deemed complete three days after being placed in the U.S. Mail. The bidder's right to appeal is limited to the single remedy of providing the city with additional information to be considered before the city issues a final determination. Bidder acknowledges and understands that, as provided by RCW 39.04.350, no other appeal is allowed and no other remedy of any kind or nature is available to the bidding contractor if the City determines that the bidder is not responsible to perform the contract work. Giant Sandbag Removal - Rebid/Horn 14 June 4, 2012 Project Number 12-3002 If the bidder falls to request a modification within the time allowed, or fails to appeal a determination that the bidder is not responsible within the time allowed, the city will _ make Its determination of bidder responsibility based on the Information submitted. COMPLETE AND SIGN THIS FORM AS PART OF YOUR BID. FAILURE TO PROPERLY COMPLETE THIS FORM MAY ALSO RESULT IN A DETERMINATION THAT YOUR BID IS NON-RESPONSIVE AND THEREFORE VOID. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The undersigned certifies under oath that the Information provided herein is true and sufficiently complete so snot to a leading. SUBMITTED BY: A Cow�T7LT .1(. i ��1L NAME: rEst��t >- ADDRESS: Y.o. 7�o�C Sco - w�o�tLcti . vlp �lg2�Z PRINCIPAL OFFICE: l.Je- ADDRESS: go7C SCo PHONE: 3c00- 4 - L4I11 o FAX: 360 - -:F94- u48--+V 1. STATUTORY REQUIREMENTS 1.1 Provide a copy of your Department of Labor and Industries certificate of registration in compliance with chapter 18.27 RCW. 1.2 Provide your current state unified business Identifier number. 1.3 Provide proof of applicable industrial insurance coverage for your employees working In Washington as required in Title 51 RCW, together with an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW. Providing a copy of a state of Washington "Master License Service Registration and Licenses" form is typically sufficient evidence of the requirements of this subsection. 1.4 Provide a statement, signed by a person with authority to act and speak for your company, that your company, including any subsidiary companies or affiliated companies under majority ownership or under control by the owners of the bidder's company, are not and have not been in the past three (3) years, disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). Giant Sandbag Removal - Rebid/Horn 15 June 4, 2012 Project Number 12-3002 2. ORGANIZATION 2.1 How many years has your organization been in business as a Contractor? St n)GF Zb t o - 2.S %q F_-D.Z& 2.2 How many years has your organization been in business under Its present business name? 2.s yFr_AW_s 2.2.1 Under what other or former names has your organization operatedz t ac- 2.3 If your organization is a corporation, answer the following: 2.3.1 Date of incorporation: VX ILL 12009 2.3.2 State of Incorporation: 2.3.3 President's name: SAVl tze- w`o- C>tzp"ur�,, 2.3.4 Vice-president's name(s): — 2.3.5 Secretary's name: S1,k0,tJe . �►J"°`G`�o^"w� 2.3.6 Treasurer's name: 2.4 If your organization is a partnership, answer the following: 2.4.1 Date of organization: 2.4.2 Type of partnership (if applicable): ' 2.4.3 Name(s) of general partner(s). 2.5 If your organization is individually owned, answer the following: 2.5.1 Date of organization: 2.5.2 Name of owner: 2.6 If the form of your organization is other than those listed above, describe it and name the principals: 3. LICENSING s 3.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate license numbers, if applicable. CaEnIEKAt Const�CP.c-roiZ - �ci!'TE cF klast-1�a1.��'o.J /�Ca�C.00z�oS�D 3.2 List jurisdictions in which your organization's partnership or trade name is filed. 4. EXPERIENCE 4.1 List the categories of work that your organization normally performs with its own forces. v-nL_1"1F_5I t>ErAn , "A.LSt't*.T Et4 kAtXF-4' 11EAr "TVuit-y-, t a 1�%) Tv--s C_ i l,�-.�osca P�.1 16m , t>r_A.J>kN Cw 4.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) 4.2.1 Has your organization ever failed to complete any work awarded to it? No 4.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? 130 Giant Sandbag Removal - Rebid/Horn 16 June 4, 2012 Project Number 12-3002 4.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? too 4.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.) Nd 4.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect or design engineer, contract amount, percent complete and scheduled completion date. 4.4.1 State total worth of work in progress and under contract: :* 3(89,oen -� 4.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect or design engineer, contract amount, date of completion and percentage of the cost of the work performed with your own forces. 4.5.1 State average annual amount of construction work performed during the past five years: 1,--1vF, Sc::o-oD 4.6 On a separate sheet, list the construction experience and present commitments of the key Individuals of your organization. 4.7 On a separate sheet, list your major equipment. 5. REFERENCES 5.1 Trade References: cPe..n ra.-1 i «p°e- Ue"'JE, 41.o.r-o%.>L,E-m i °uaTp vet�S aSP.aa�a 5.2 Bank References: 'Kb."V- of Pamesz..e.a ' wN.o�se�( is o "gAw1� 5.3 Surety: 5.3.1 Name of bonding company: -TZ"E�A-UR-s sue_Et.i/ 5.3.2 Name and address of agent: T ��nneap (at�JE1zAL 1asuRar►cE A1,er►cy 6. FINANCING KE�TN F,RkvJE �-tZ-S- 952-'Z[ocvo 6.1 Financial Statement. After bid opening, the City may require the following financial information from any of the three apparent low bidders. If so required, the selected bidder(s) must respond with this financial information within 24 hours of the City's request for that information. The City's request for this information shall not be construed as an award or as an intent to award the contract. A bidder's failure or refusal to provide this information may result in rejection of that bidder's bid. 6.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Giant Sandbag Removal - Rebid/Horn 17 June 4, 2012 Project Number 12-3002 Jun. 20. 2012 6 : 19AM C1 _y of Kent No 0279 F. 4/7 Current Assets (e.g., cash, joint venture accounts, accounts receivable, noes receivable, accrued income, deposits, materials nventory and prepaid expenses); Net Fixed Assets; Other Assets; Current Liabilities (e.g,, accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes),Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). 6.1.2 Name and address of firm preparing attached financial statement, and date thereof: 6.1.3 Is the attached financial statement for the identical organization named on page one? 6.1.4 If not, explain the relationship and financial responsibility of the organ za.ion whose f,nanaal statement is provided (e.g , parent- subsidiary). 6.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? 7. DISPOSAL SITE DOCUMENTATION Bidders shall submit a map and address of the proposed disposal site(s) for the sandbag contents along with current valid permits demonstrating the sites) Is(are) approved to receive fill material." EXPLANATION — Due to the need to remove the giant sandbags within 75 days, the City finds it necessary to ensure bidders have an approved disposal site to accommodate the quantities of fill material associated with the project and ensure no interruptions occur durirg the course of the project. $. SIGNATURE 7.1 Dated at this _ zs _ day of —TO 4E_ 2012. Name ofOrgaration: Akf _cIDareo-mate.. By, Title: 'ai l Snn!L�9 Rtrnoadl - ReOidJH�r 8 Jwie 19, 2012 Pro,ext(vurbc _23002 jUn. 20. 2012 6 19AM City of Kent No. 0279 F. 5i7 7.2 SU"r--- N1,v.e oaa p being duly sworn, deposes and says that the informatio,i provided herein is true and sufficiently complete so as not to be misleading Subscribed and sworn before me this ZS — day of _Tv E- 2012. Notary Public: T�auA A — My Commission Expires: I Giant Sandbar Removal- Rel o/morn 19 June 19, 2012 Pftq.:_t h. tillU 11 sQC1 � ; � ) Q ® r u/ @. — : - «w < A L4 ` \ G 7 c C4 b 3 % + ^ u \ \ \ \ z c \ 0 « m/ / \ 3 /i> Verify Workers' Comp Premium Status - Employer Liability Certificate Page 1 of 1 Washington State Department of �F,STA �F Employer Liability Labor and Industries Certificate Department of Labor and Industries Employer Liability Certificate Date: 05/29/2012 UBI #: 602 967 226 Legal Business Name: AGR CONTRACTING INC Account#: 186,963-00 'Doing Business As'Name: AGR CONTRACTING INC Estimated Workers Reported: Quarter 1 of Year 2012 "7 to 10 Workers" (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: AGRCOCI905BD Expire Date: 12/19/2013 Account Representative: T2/STEPHEN TASSONI (360)902-4639 - Email: TASS235@lni.wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation(See RCW 51.12.050 and 51,16.190). https://fortress.wa.govitni/crpsi/... https://fortress.wa.govMilerpsi/... 5/29/2012 Contractors or Tradespeople Printer Friendly Page Page 1 of 1 General/Specialty contractor A business registered as a construction contractor with L6:1 to perform construction work within the scope of its specialty.A General or Specialty construction Contractor must maintain a surety bond or assignment of account and carry general liability insurance Business and Licensing Information Name AGR CONTRACTING INC U81 No. 602967226 Phone 4252317219 Status Active Address Po Box 56 License No. AGRCOC1905BD Suite/Apt. License Type Construction Contractor City Monroe Effective Date 1/4/2010 State WA Expiration Date 12/19/2013 Zip 98272 Suspend Date County Snohomish Specialty 1 General Business Type Corporation Specialty 2 Unused Parent Company Other Associated Licenses License Name Type Malty Specialty Effective Expiration d1tat1 2 Date DateIMBEH1923J3 IMBERVIEW Construction General Unused 4/23/2008 4/23/2010 HOMES INC Contractor Business Owner Information Name Role Effective Date T Expiration Date MACDONALD, SHANE MICHAEL 113resident 01/04/2010 Bond information Bond Bond Company Name Bond Account Number Effective Date Expiration Date Cancel Date Impaired Date Bond Amount Received Date 1 1CBIC SI4806 Ot/01/2010 Untd Cancelled $12,000 00 01/04/2010 Assignment of Savings Information No records found for the previous 6 year period Insurance Information Insurance Company Name Policy Number Effective Date Expiration Date Cancel Dat Impaired Date Amount Received Date 2 Continental CWP2914806 01/01/2011 01/01/2013 $1,000,000.00 12/27/2010 Western Ins Cc ALASKA 1 NATIONAL IOAPS32188 01/01/2010 01/01/2011 $1,000,000 0001/04/2010 INSURANCE CO Summons/Comptamt Information No unsatisfied complaints on file within prior 6 year period Warrant Information No unsatisfied warrants on file within prior 6 year period https://fortress.wa.gov/lni/bbip/... https://fortress.wa.gov/lni/bbip/... 5/29/2012 Results Page 1 of 1 ., •� SI;aTctt JESS REGISTER MY 60S,NESS S Results Back to search results Business types If "Non-revenue"appears after Tax Registration Number,the account is not registered with the Department of Revenue However,it may be registered with other agencies in the state Register my business My account Audits Washington State Department of Revenue State Business Records Database Detail 4 TAX REGISTRATION NO 602967226 ACCOUNT OPENED 01/01/2010 HOT 602967226 ACCOUNT CLOSED OPEN ENTITY NAME- AGR CONTRACTING INC BUSINESS NAME: MAILING ADDRESS: BUSINESS LOCATION• PO BOX 56 14915 240TH AVE SE MONROE,WA 98272-0056 MONROE,WA 98272-B695 ENTITY TYPE CORPORATION RESELLER PERMIT NO A19 5991 14 NAICS CODE 236115 PERMIT EFFECTIVE 02/23/2012 PERMIT EXPIRES 02/22/2014 FOR NON-COMMERCIAL USEONLY 05/29/20126:51 AM ABOUTCONTACT US I Espanol I PyccKKA I E2 I Tagalog I Tieng Viet 1 93h Aa¢aNw�l,ngmn� Y► Your PIIYAI.yl0=10 WASITYIGTON STATEDEPARTMENT OF REVENUEAND ITS LICENSORS AURIGHM VOW'N9 1n (SECRETARY OF RESERVED STATE) , S x 3,ro - ua4kw&&rrtkaazm r.«ms sse_• n.,ilarm«.i,�.w"" - . =+o-....rma.Rrm..�ui.•. .na_ynss. _ �_sa. ___ __ .+..�._I�J.4McL'9ea+. http•//dor.wa.gov/content/doing... http://dor.wa.gov/content/doing... 5/29/2012 4 C] ° CONTRACTING P.O. Box 56 1 Monroe, Wa 98272 V. 360-794-4170 N c ❑ n a T E o AGRCOC1905BD F. 360-794-4870 I,Shane MacDonald, president of AGR Contracting, Inc. hereby state that neither myself, AGR Contracting, Inc. or anyone associated with AGR Contracting,inc , are not and have not been in the past three (3)Years, disqualified from bidding on any public works contract under RCW 39 06 010 or 39 12 065 (3) = 3 Respectfully AGR Contracting, Inc 94W Shane MacDonald President t i d 3Q aF 0 de m 0 w ry N ry o ul m o m .-� •-• •� N n m r� n m m m ao m m a � ry N C N ^ N N Yj � a c E u U d N Y J O 9 3 L N N N .-1 ei •i rl 0 0 0 O O O O O O O O O O N N a+ a � E �- O E U U m �o Y p po pO C 0 0 0 0 0 0 0 0 C) H C 0 0 0 J 0 0 0 0 0 0 Vl N O O Jp 0 0 0 N O .ti O O O O O an to O O H E a O v � 0 0 . m O o E o 0 0 a V Qf 1� N 60 06 lD 01 O I� N Ucc m ti O Q a V Z U ~ U O Vf Lf Vf 46 to Vf to VL V^Vf Q N H N U Z w 0 cc � M Z CO W m m m m ua z fU6 N m ++ M N O O l7 V a W m Ill 7Zr m ? C m F U N N -0 o o Ul N N Ill U O Q fn c N ry a a V a C Z N L K C O 0 N N u t H 0 0 _E E ix 0 a 0 E J LL � c � ° a r a w W o o (2 > w z° a m J N - W C c m 3 0 3 m Val Y VLl m m m m V01 tL/1 Y Z O O O O O O O O O O w O O O U U U U U U U U U U U V U c O Y N m 1, O c N 01 m N — v O W — c0 j m y_ U m C j E U e' w m Z L m 2 % y OL Z G < w M A v mw a 3 E w o C O d v Y m Y vl Ul mm — U d C N O > L W t m to d L to s a > — m U m U > c Z) VEl O L a Y 2 C V�1 1 0 3 0 m " E o L o c m C7 o Y N O ko > c - Q a D Y NO N J VW1 O VWI N r CONTRACTING P.O. Box 56 1 Monroe, Wa 98272 V. 360-794-4170 N c o R P o R a r e o AGRCOC19050D F. 360-794-4870 5/29/12 City of Kent,WA To Whom it May Concern: The attached resumes for Shane MacDonald and Jeff Davis were as of 12/31/09. Jeff and I have worked together since 1995 If you require additional references and construction background information, please contact me directly at 425-231-7219 Respectfully AGR Contracting, Inc. Shane MacDonald President SHANE MAMONALD 41RSq&ZtJF--C-0 t M 14915 246b Avenue Southeast,Monroe,Washington 98272 m 425 231,7219 SUMMARY PROFILE Seasoned construction and development professional with broad experience and expertise in all facets of the construction industry Successful career track in overseeing the entire life cycle and turnover of large-scale, multi- million dollar public and private development projects Possess superior written and verbal communication skills coupled with innate capabilities to effectively build,lead and manage project teams. Competitive Advantage: ❑ Proactive in managing changes in project scope,identifying issues on potential crises,devising contingency plans, as well as defining project success criteria and disseminating them to involved parties ❑ Mastery in evaluating,monitoring,and justifying data to determine compliance with established operating and safety standards ❑ Characterized by others as a dedicated,results-driven and budget-conscious leader who strives for quality and excellence ❑ Highly competent in conducting various business management functions,such as maintaining records and files, preparing reports,as well as ordering supplies and equipment CORE COMPETENCIES o Leadership and Team Building a Workplace Safety and Compliance ❑ Construction Planning and Scheduling ❑ Vendor and Materials Management ❑ Critical Path Project Management ❑ Permit and Budding Codes ❑ Budget Analysis/Forecasting ❑ Solid Organization and Time Management Skills ❑ Quality Control Management o Estimating and Job Costing CAREER OVERVIEW Langsholt Construction,Inc.and Affiliate■Monroe,WA SENIOR PROJECT MANAGER/ESTIMATING 2003-Present PROJECT MANAGER/ESTIMATING 1999-2003 FIELD FOREMAN/CREW LEADER 1997-1999 HEAVY EQUIPMENT OPERATOR/TRUCK DRIVER 1993-1997 ■ Oversee the entire lifecycle of contract projects,from point of planning to completion ■ Negotiate with owners,general contractors and subcontractors • Represent the company on insurance and project bonding issues ■ Assume the role of owner/GC,corresponding on all cost and engineering problems ■ Flawlessly handle project scheduling and coordination of field staff,subcontractors and suppliers ■ Administer all project document control and job costing;create,analyze and execute project change orders as necessary ■ Ensure coordination of comprehensive and timely billing to project owners and follow through verification of accounts receivable ■ Interact with field managers to promote efficient and productive work environment;render assistance in solving issues on site as they anse ■ Execute,facilitate and closely monitor project RFI and construction schedules ■ Actively participate in outlining cash flow reports and updates,as well as in developing and analyzing company financial statements ■ Determine and forecast all company truck and heavy equipment requirements/opportunities ■ Build truck and heavy equipment lease back schedules as well as equipment ownership/life cycle timelines to ensure that comprehensive depreciation schedules are maintained ■ Establish equipment resale pnce structure,as well as negotiate the purchasing and sales of all trucks and equipment Page I I • .i SHANE MACDONALD ® 14915 24&Avenue Southeast,Monroe,Washington 98272 tD 425.231,7219"�shanemwAonald@earthlink.net CW"nt Projects: ■ Currently managing the entire construction and development of the following public works projects: ❑ 100"Avenue Northeast/99"Place Northeast Sidewalk Improvement Project in Kirkland,Washington ❑ Bear Creek Rehabilitation Preliminary Grading Project in Redmond,Washington ❑ Enatai Traffic Calming Project in Bellevue,Washington Projects Completed: Public Market ❑ Lyon Creek Habitat Enhancement Project:Spearheaded project development that involved temporary bypass of Lyon Creek and the construction of the new creek channel along with root wads and log weir components. ❑ Biosofids/Waste Soil Disposal Area Closure Project:Coordinated the project that included installation of a cement-treated base(CTB)cap of the Biosolids/waste soil disposal area(approximately 1 25 acres in size)that was located at the west side of the City of Snohomish W WTP. o North Creek Non-Motorized Trail Section 2 Stage 2 Phase 1:Successfully completed a federal aid project for the City of Bothell,the extension of the North Creek Non-Motorized Trail from the intersection of 228 Street and Fitzgerald road in the Canyon Park area of Bothell o Kayu Kayo Ac Park:Oversaw the construction and development of a new neighborhood city park located on land donated to the City of Shoreline by King County Private Market o Sea-Dru-Nar Recycling(New Facility):Coordinated earthwork and underground utilities for the construction of a new 46,000-square foot tilt-up warehouse recycling facility located in Seattle. ❑ Quality Concrete Products(New Facility):Oversaw land clearing,earthwork excavation/grading and underground utilities for development of Quality Concrete Products new facility located in Mukdteo. o Buffalo Square Development(Commercial Mixed Use Development):Managed site development and underground utility infrastructure of a six4ot commercial mixed use development located at the intersection of 132"`i and Wh Seattle Hill area of Snohomish County o Avondale Mixed-Use/Langley Properties(Commercial Mixed Use Development):Led the site development and underground utihty infrastructure for a 20,000-square foot retail building and commercial grocery store pad- ready site;frontage improvements along Northeast I le Street and wetland buffer enhancement at the west boundary line of the 7-acre development in Redmond,Washington ❑ Monroe Sky Valley YMCA:Directed site development and underground utility infrastructure of the new YMCA fatality located in Monroe,Washington Header Beam LLC■Monroe,WA _ PARTNER,MANAGING MEMBER _ _ 2006-Present • Oversee entitlement activities that include zoning,infrastructure requirements,permitting,subdivision and other related legal issues ■ Serve as company representative at all municipal hearings and review board meetings • Direct the development of company-owned projects from planning to completion • Prepare all necessary project legal entities,as well as facilitate and monitor development bonds corresponding to final construction completion Project Compkied: ❑ Creekside Vista(23-Lot Residential Subdivision):Led the development of a pnvately-owned residential subdivision;accountable for the purchasing of two adjoining parcels of land totaling to more than nine acres. Page 12 4 SHANE MACDONALD ® 14915 240m Avenue Southeast,Monroe,Washington 98272 m 425.231,7219-�shammacdooald@earthlink.oet Timberview Horses,Inc.■Snohomish,WA F PARTNER,MANAGING MEMBER 2008-Present J ■ Establish and maintain an open line of communication with project consultants,architects and engineers to ensure compliance with project scope ■ Create project cost and financial analysis submittal package;generate project budget,estimates,and schedules;as well as conduct constructability assessment ■ Outline and negotiate all purchase orders and subcontract agreements ■ Closely supervise building construction and scheduling to ensure timely completion of projects within budget scope ■ Communicate with local agencies regarding permit submittal and all construction inspections,which include final inspection and certificate of occupancy ■ Work collaboratively with other company members in selling and marketing of completed products Project Completed. a Cr eekside Vista(Residential Single Fancily Home Construction):Managed the second phase of the project consisting of new single fannly house construction FAUCATTON Bachelor of Science in Construction Management Central Washington University,Ellensburg,WA Associate of Arts and Science Degree Edmonds Community College,Edmonds,WA PROFESSIONAL DEVF.LopmENT U-Level Fire Sprinkler Certificate of Competency Holder Certified Erosion&Sediment Control Lead: ID#ECO-3-9280621 Registered Side Sewer Contractor(City of Seattle),Department of Planning and Development 40-Hour HAZWOPER Training/Certificate#807311 CPR,First Aid,AED and Heat Stress Training.Certified until October 2010 Commercial Drivers License Class A,Washington State Page13 Jeffery V. Davis 40016 145"'PI.S.E.e Gold Bar, WA 98251 JD Phone:360-793-8643 a cell:425-231-7218 a E-Mail eAddressBlockn Qualiliications: 15+ Years Construction Management Experience in Commercial & Public-Works Sector$1 Million + Projects Ability to assimilate and disseminate projects/jobsites for maximum efficiency Promotes seamless working environment between Labor, Management,and Government Extensive knowledge of city and county codes,TESC measures and BMPs Proficient in many types of heavy equipment including fine grading with motor-grader and dozer, mainline excavation and the use of 966-980 size loaders. Exceptional knowledge of trucking operations (current class A CDL) Proficient in mainline Water, Sewer, and Storm installations. Strong construction software skills, MS word, excel, project. HCSS and Paydirt Confined Space Competent Person Training,Shoring &Trench Safety Certification City of Seattle registered side sewer contractor since 1992 Experience/Work History Oddmund Langsholt- Langsholt Construction, Monroe WA May 1995-October 2009 Title: Onsite Construction Project Manager/General Superintendent -Managed Multiple Jobsites of (3-4 man crews) including inventories, material price negotiation and purchasing. Equipment scheduling and Trucking dispatch -General Contracting, Managing/scheduling Sub-Contractors -Job Estimating, Blueprint interpretation & Project Procurement -Responsible for Project documentation i.e. project logs, as-builts, closeout documents etc -Conducted employee reviews, prescribed disciplinary action or financial increases -Scheduled and Attended all Pre-Con Meetings and site inspections with governing jurisdiction -Contaminated Soil Extraction &Safe Disposal -On job management, participated in utility installation and site construction. -Responsible for Developing and Implementing company wide safety program, Conducted and gave instruction in company safety meetings, constructed and implemented Site Specific Safety Plans. -Assisted in preparing/analyzing monthly budgets 1 -Generate new business by making new contacts and building strong business-to-business relationships Francis Styren-Styren Construction,Woodinville,WA March 1993-May 1995 Title: Site Foreman Duties: -Managed a 3-7-person crew on commercial sites, residential plats and some public works most under$1- million -Managed lob site material purchases -Blue Print Interpretation;formulate a construction plan and implement. -Responsible for construction Schedule and On-Time Completion of Project -Responsible for Traffic Control Planning and Implementation -Responsible for Keeping a Safe Environment -Administered and participated in the installation of water, sewer and storm systems. Oddmund langsholt- Langsholt Construction, Monroe, WA. Sept 1991- March 1993 Title: Equipment Operator/Foreman Duties: -Responsible for Jobsite Safety -Responsible for Site Construction -Encouraged Team building for Jobsite Efficiency -Assisting in Estimating and Project Procurement Special Skills/projects -Involved with Snohomish County Surface Water Management and Department of Fish and Wild Life working in the Wallace River Channel constructing Fish Habitat - Re-route of Lyon Creek, construct new fish habitat and low flow weir.City of Mount Lake Terrace -Girl Scouts of America, Camp River Ranch $7 million addition, roads, fire suppression and utilities. -YMCA of Monroe, construction of new 43,764 sq ft facility including pool, support by auger cast piles -Attends County Meetings and involved in local farming issues and events, supports the local farming industry -Self-Builder Timber Frame Homes and Barns -References Available Upon Request- -Letter of Recommendation Upon Request- 2 AGR Contracting, Inc. P.O. Box 56- Monroe,WA 98272 AGR Owned Equipment Year Equipment Description 2007 Kenworth T800 Transfer Dump Truck&Trailer 2006 Kenworth T800 Transfer Dump Truck&Trader 2006 John Deere 120CLC Excavator 2006 Kobelco SK27-SR3 Excavator 2004 Caterpoler 430DIT Loader Backhoe 2005 John Deere 110 Loader Backhoe 2005 John Deere 3320 Loader Backhoe 2004 Trail-eze Equipment Trailer 1979 Intl S/A Dump Truck AGR Rental- Lease Equipment JD/Hitachi 160 Excavator JD/Cat Crawler Tractor"700 Size" Volvo Haul Trucks-Wetland Creation Caterpillar Rental - NC Machinery John Deere Rental - Pape Machinery Komatsu Rental - Modern Machinery � m / w W M m � /7J $ ate ƒ } 7 / / g0 @ W § ■ m d k m m § _ c F n £ EpAE U 9odE CotA�� m < / o k \ q CD 2 + CL - ƒ 0 E f 0 + X-T- 22 ; ( ® %]§ 2t ] 0 3 0 go � \ ■fit g � ao-0 A / ) / 0@3 E Cl3 3 � 4 e e - k ¢ / \ // c / J � m a ; % 2 > ± w � 2k \M § Cedar Grove Composting, Cedar Grove Road Southeast, Maple Valley, WA - Google Maps Page 1 of I „ � Cedar Grove Composting,Cedar Grove Road Southeast,near Maple Valley,King, Get Google Maps on your phone Washington Textthev d"GMAPS"to466453 af A Cedar Grove Composting 17825 Cedar Grove Road Southeast,Maple Valley, WA (425)432-2395 1 review Rtntc� Gk`yjep,R- .,� " Af SE I56m S P061 iJs SE ISM St ¢ 4 N S O tir SE 1 path stMaple C He"Lake � c o1eP6�' Deese L sire 169 V" ',a`� FAcq AIP SE` u Lake 5E 192nd St SE 20 M.* `, °fFe Yw0�9''Rdaery. p m N O 1 02012 Google http://maps.google.com/maps?f.. http://maps.google.com/maps?f.. 6/24/2012 King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TTY 206-296-7217 www.metrokc gov Grading Permit Approval Conditions Document Grading Permit L03CG141 Cedar Shores Gravel Mine Refill The proposal is for the reER and re-vegetation of a part of a mined-out old gravel mine called the Cedar Shores Mine,which is under separate ownerships. A portion of that old mine is owned by AnMarCo(the Stoneway site)and a portion is owned by Queen City Farms,Inc The site is located on Cedar Grove Road, immediately north of the north terminus of SE Lake Francis Road and approximately 3,000 feet east of State Route 169(Renton-Maple Valley Highway). Proposed final grade in some locations will be lugher than pre-mining grades. In addition,two adjacent parcels owned by First South Properties,L L C (parcels that have previously been logged but not mined) will be cleared and filled to grades consistent with the proposed grades on the refill portions of the site. The total site area consists of approximately 583 acres,of which 224 acres have been or will be disturbed. No new gravel mining is proposed on the site. Existing operations on the site include concrete batching,concrete crushing and recycling,aggregate stockpiling,periodic asphalt batchmg,use of a scale house,equipment storage in an existing outside storage yard,and use of an existing shop building for equipment maintenance and site office. These existing operations are expected to continue. Refill and reclamation activities are already being conducted on the Stoneway portion of the site under Washington State Department of Natural Resources(WDNR)and King County permits that authorize the importation of 5,500,000 cubic yards of clean fill The King County grading permit number is L97G0053. 'The proposal contemplates importation of an additional 12,500,000 cubic yards of clean fill in five phases over a 20-year period_ With the addition of the unused portion of the fill volume authorized by permit L97G0053,a total of 16,300,000 cubic yards would be added to existing conditions as of the date of this determination The fill phase areas range from approximately 37 acres to 57 acres in size. Fill material would be placed to a maximum overall thickness of approximately 120 feet thick with final surface side slopes ranging from 3H•l V to 5H:1 V. The plateau area at the top will have a surface slope of approximately four percent. Fill would be placed in approximately 20-foot-deep lifts,starting from the outside finished slope edge and moving in toward the high side of the eventual fill slope. The outside, finished slope edge of each lift will be hydroseeded and reclaimed. 'the final phase will occur in the areas of the current operational area,which contains the existing weigh scales,truck wash facility and equipment storage yard. Grading/Clearing Plan Review Approval Conditions L03CGI41 July 11,2007 Page t of 12 Surface water will be routed internally along roadside ditches and interceptor swales to am existing infiltration pond(facility#2)and two new infiltration ponds(facilities#1 and#3). Temporary sediment control facilities will be provided during each phase of fill for areas of 8 acres or less The new ponds will be constructed prior to the start of filling in the basins that will drain to the new ponds. An existing irregularly shaped stormwater pond facility(Pond 2)located at the top of an existing steep slope in the southwestern portion of the site will be expanded. The pond extends approximately 850 feet in a north-south direction,then at the south end curves to the east for an additional 350 feet and terminates on the west side of an existing gravel road The northern half of the pond varies in width from 100 to 280 feet. Approximately 500 feet south of the northern edge the width decreases to around 60 feet. The pond is generally 5 to 6 feet deep. The pond is bordered by a gravel access road constructed along the pond berm at an approximate surface elevation of 341 feet The existing pond will be divided into three cells,two smaller water quality cells in the south and a larger mfiltration/detention cell in the north The water quality cells will cover a total area of approximately 30,000 square feet with bottom elevations of 331 and 332 feet The infiltration/detention cell will cover approximately 94,500 square feet with a proposed bottom elevation of 336 feet The gravel access road/pond berm will be raised by approximately one foot to a proposed finished grade elevation of 342 feet. The refill operation will include an approximately 180-foot high slope to the east of the pond with a maximum gradient of 5H.1V. A new concrete stormwater control structure will be installed at the northwestern portion ofthe infiltration/detention cell that will discharge into an existing manhole structure in the existing pond and then into an existing tightline pipe to a lower bench area located to the northwest of the pond. Over 16 million cubic yards of clean fill will be placed in a manner such that fill piles will be stable under seismic and static conditions and not cause impacts to sensitive areas or neighboring properties AIthough large areas of loose fill will be exposed at all times of the year,methods to control impacts of erosion and sedimentation are included in the operating plans. Impacts from placement of fill to the steep slopes surrounding the south and southwest portions are mitigated by preventing infiltration from stormwater detention ponds placed near slopes and best management practices and grading to dram surface stormwater away from slopes. The operating hours for the existing fill activity are 7:00 a.m.to 10:00 p.m.seven days a week. The proposal includes 24 hour operations on an as-needed basis to allow night time hauling of soils from construction projects Impacts related to operations during nighttime hours are mitigated. Traffic impacts at current rates do not impact traffic capacity. Future impacts shall be reviewed through the five-year periodic review process and additional conditions may result through a future haul route agreement. The approved plans for the grading permit were reviewed to and are consistent with the following King County Codes and administrative rules: K.C.C.9 04—9 12,Surface Water Management and Water Quality,the 1998 Surface Water Design Manual,K.C C. 16 82,Grading,K C.C 21A.22,Mining section of the Zoning Code,K.C.C 21A 08,Permitted Uses sections of the Zoning Code,K.C.C 21A. 16,Land Use Development Standards,K.C.C.21A 24,Sensitive areas section of the Zoning Code,Title 12, specifically sections 12.86 through 12.100 that refers to noise control in the county,and Title 14 King County Road Standards Additional conditions were derived from mitigation required from environmental review of the proposal. Specific environmental elements analyzed for environmental impacts were: Soils and Geology,Air Quality,Noise,Water,Plants and Animals,Energy,Land Use,Historic,Cultural and Archaeological Resources,Recreation,Aesthetics,Light and Glare,Public Services and Utilities, Transportation,and Environmental Health. The proposed mine also is required to apply for and receive approval for an NPDES permit from the State Department of Ecology,the Surface Mining Reclamation Grading/Clearing Plan Review Approval Conditions L03CG141 .July 11,2007 Page 2 of 12 Permit from the State Department of Natural Resources and New Source Construction registration from the Puget Sound Clean Air Authority prior to installation of regulated equipment The following conditions apply to the permit L03CG 131. Conditions are imposed to meet King County codes and admmistrative rules and mitigation requirements enumerated in the Mitigated Determination of Non-Significance published May 10,2007 Air Quality 1. Permittee shall comply with all conditions and requirements of the Puget Sound Clean Air Agency (PSCAA). 2. Dust,dirt,and fly ash or airborne solids from any source shall not be emitted from the site in quantities as to adversely affect adjacent property 3. The following measures to minimize or avoid fugitive dust from escaping the site shall be implemented. Additional mitigation may be required to meet PSCAA standards. 3a. Processing plants/crusbing plants will use a high pressure/low volume spray bar over any source of fugitive dust. 3b Haul trucks load at the site will be loaded in a manner compliant with RC W 46.61.655. Any vehicle leaving the site onto the public road(Cedar Grove Road)with a load of dirt,sand,or gravel susceptible to being dropped,spilled,leaked,or otherwise escaping therefrom shall be covered so as to prevent spillage. Covering of such loads is not required if at least six(6) inches of freeboard is maintained within the bed_Trucks loaded at the site with uncovered loads shall be loaded as per recommendations of Washington State Patrol,Commercial Vehicle Enforcement Section,General Load Securement recommendations(attached to permit). 3c. A high moisture content will be maintained for stacked materials. 3d. Drop heights from conveyors onto stockpiles shall be minimized to prevent dust. 4. During operations,permittee shall provide effective dust control measures consisting of water,asphalt treated base,chemical dust palliatives,or equivalent measures to control dust from this operation. 5. Permittee shall be responsible for implementing all appropriate measures needed(i.e.,paving, sweepers,and/or other techniques)to keep Cedar Grove Road clean and free from debris mud tracked out of the site by haul trucks. 6. During the course of filling the site,the permittee shall sweep the westbound traffic lane and westbound shoulder of Cedar Grove Road once per month at a minimum between any approved ingress/egress driveway into the site and the Cedar River bridge on Cedar Grove Rd. The permittee shall maintain a record of dates of cleaning and provide those dates to DDES at the DDES inspector's request. Groundwater Protection-Quality and Quantfir 7. Coverage under a National Pollution Discharge Elimination System(NPDES)general permit for sand and gravel mines relating to surface/groundwater discharges is required for this project. Prior to beginning of work under this permit,the applicant will provide evidence to DDES that the project has been granted coverage under the Sand and Gravel NPDES general permit and the State Waste Discharge General permit. King County will be notified of any modifications or changes to the NPDES permit and provide copies of the new coverage Grading/Clearing Plan Review Approval Conditions L03CG141 July 11,2007 Page 3 of 12 8. Permittee shall comply with all requirements and conditions of the Washington State Department of Ecology NPDES permit coverage issued for this project. i 9. Permit holder shall provide King County DDES with a copy of the site's Storrawater Pollution Prevention Plan and Spill Prevention Plan required by the NPDES permit within 3 months of the issuance of this permit The permittee shall provide DDES copies of any modifications and changes to the plans that occur during the life of the permit. 10. Permittee shall provide King County DDES with a copy of die site's NPDES Monitoring plan The permittee shall provide DDES copies of any modifications and changes to the plan that occur during the life of the permit 11. The permittee shall provide DDES copies of the Discharge Monitoring Reports for each previous calendar year by February 1 of the subsequent year for the life of the operation. Momtoring results will be available for DDES inspection upon request. Geotechnical 12. In order to improve the stability of the upper fill deposit along the existing detention pond near the west edge of the top of the existing west portion of the fill,the outer slope of the existing upper fill deposit should be regraded to reduce the slope gradients to a maximum gradient of 2H.1 V as called-for on page 16 of the March 24,2005 geotechnical report prepared by Earth Consultants,Inc Elsewhere within the area to be filled,the final grade of external fill slopes shall not exceed 3 feet horizontal 1 foot vertical unless otherwise shown on plans approved by DDES 13. Unless otherwise approved by DDES,the detention pond at the west end of the top of the fill site must be lined m conformance with the pond lining recommendations set forth on pages 17 and 18 of the March 24,2005 geotechnical report prepared by Earth Consultants,Inc.(except for the portion of the pond at the pond's north end where an existing lens of gravel and cobbles is functioning as a permeable weir,which is a portion of the pond that the report indicates does not need to be lined). 14. The portion of the west pond's gravel-surfaced maintenance road that lies to the west and south of the pond shall be graded to drain away from descending slopes. Surface and shallow groundwater collected from impervious surfaces on the site should be collected and conveyed to the proposal's stormwater control ponds. 15. If the exterior slopes have slumped or are otherwise at risk of contributing srgmficant amounts of sediments to the perimeter conveyances or downslope areas,the operator shall take immediate action to: 15.1. Stabilize the slope using any TESC measures that may be required,to prevent additional erosion or mass wasting. 15.2. Recover such sediments that have reached the conveyances or the road,and shall add additional temporary measures(silt fences,etc)on lower slopes as necessary to prevent sediments from reaching the downslope tributary streams. 15.3 Notify DDES immediately of said condition. 15.4. Voluntarily cease placement of additional fill on the immediate upslope or tributary areas until DDES has exammed the site and allows placement of fill to resume there. 15.5. Restore the conveyances to their design configurations as soon as conditions allow. 16. A 10-foot buffer and 25-foot construction setback shall be applied to the steep slope between Point A and Point B as identified on Sheet C4 of 15. An access road shall be allowed in the construction setback provided that stormwater is directed by ditches or slope away from the edge of the steep slopes identified as King County steep slope cntical areas Grading/Clearmg Plan Review Approval Conditions L03CG141 July 11,2007 Page 4 of 12 17. The edge of the steep slope between Point C and Point D identified on Sheet C4 of 15 shall be modified as per Plate 6 through 9 in the geotechnical report titled"Geologic Study and slope stability assessment,Cedar Shores refill,Cedar Grove Rd Southeast near Southeast ISO'St.,King County, Washington"dated March 24,2005 by Earth Consultants,Inc. The upper slope shall be modified "within one year of the issuance of the permit." The re-graded area downslope from the edge of the road upon completion shall be re-vegetated with grass seed mixture and planted with a 50150 mixture of conifers and red alder seedlings on 10-foot centers. During the life of the permit,the operator shall be responsible for maintaining the buffer zone and re-graded area such that noxious and invasive species of vegetation are limited to 20%or less of the plant community in that area. I S. The tops and the toes of cut and fill slopes shall be set back from property boundaries as far as necessary for safety of the adjacent properties and to prevent damage resulting from water runoff or slope erosion Drainage 19. Pond number 2,outfall structures and road improvements according to details on plan C6 of 14 shall be finished prior to October 1,2007. Other permanent drainage facilities shall be constructed prior to initiation of phases they will serve 20. All drainage facilities shall be maintained according to"Appendix A:Maintenance Requirements for flow control,Conveyance and Water Quality Facilities",2005 King County Surface Water Design Manual(attached to permit). 21. All permanent drainage facilities were calculated to infiltrate at certain rates to achieve design assumptions_ (Pond x,x inches per hour,Pond y,y inches per hour,etc) Permit holder shall install a staff gauge with one-inch markings at an easily observable point in all of the infiltration ponds after they are installed to determine infiltration rates If by observation infiltration rates are lower than predicted and overflow discharge is occurring at more often than design assumptions,permittee shall consult with DDES to determine methods to achieve design assumptions set forth in the TIR dated June 19,2006(revised) and approved by DDES on June 5,2007. Aquatic Critical Areas 22. Aquatic critical areas and their buffers are depicted on the approved plan set last revised November 10, 2006,received at DDES December 7,2006 and approved by DDES on June 5,2007. A 25-foot buffer shall be applied from the edge of the ordinary high watermark of Stream 316A. The permit bolder is responsible for maintaining the buffer zone such that noxious and invasive species of vegetation are limited to 20%or less of the plant community within the buffer zone The edge of the 25-foot buffer shall be demarcated in the field with permanent signs affixed to metal posts spaced apart every 30-feet throughout the buffer edge. 23. hi order to fully protect Stream 316A from impacts of placing a loose fill structure against a protected critical area,at least 30-days prior to starting fill operations on Phase 4,the operator shall submit a more detailed temporary erosion and sediment control plan to the King County DDES Inspector for review and approval that includes more conservative Best Management Practices to protect surface water quality prior to construction in that area The operator shall also provide a more detailed final stabilization plan that permanently stabilizes the area 65 feet from the OHWM of the stream and provides mitigation planting to enhance wildlife habitat and stream hydrologic functions Gradmg/Cleanng Plan Review Approval Conditions L03CG141 July 11,2007 Page 5of12 Reclamation and Final Grade 24. Permittee shall comply with all conditions and requirements of the Washington State Department of Natural Resources Surface Mine Reclamation plan A copy of the plans,approval sheet and conditions shall be provided to DDES within 3 months of the issuance of the permit Any changes or modifications to the State reclamation plan will be provided to King County after state approval. 25. In conformance with the Surface Mine Reclamation Act,mining shall be sequenced to limit the amount of habitat disturbed at one time. Reclamation shall be initiated as soon as practical after mining in a completed phase 26. A grading permit shall be required to remain in force until the site is reclaimed as per Washington State Department of Natural Resources Mining Permit and approved reclamation plan 27 Upon the completion of the refill and site reclamation elements of the quarrying and mining operation, all buildings,structures,apparatus,or appurtenances accessory to the operation will be removed or otherwise dismantled to the satisfaction of the director. 28. Excavations shall be reclaimed in a manner which will not allow water to collect and permit stagnant water to remain. Suitable drainage systems approved by the director shall be constructed or installed if natural drainage is not possible. 29. The following statement shall be recorded as a covenant on the Tax Parcels making up the site and shall not be changed without express permission in writing from the King County Department of Development and Environmental Services(DDES)or its successor agency: "The fill placed upon this property may or may not be suitable for structural support. Pnor to any future development,a geotechnmcal analysis shall be submitted to King County DDES addressing the suitability of the fill for structural support,seismic stability and settlement." Covenants shall be recorded immediately after completion of phase 5 project. Recorded copies of the covenant shall be provided to the King County DDES Inspector. 30. For purposes of the WADNRreclamation permit,the subsequent use of the site shall be assumed to be forest land unless and until an alternate land use has been approved by King County (Other future uses of the site are not precluded but requests to change to other land uses shall require appropriate actions and approvals.) 31. In implementing the approved plans,only clean fill materials described in this condition shall be used as fill Fill material shall consist of earthen material,organic and inorganic material or recycled or reprocessed materials that are not categorized as dangerous waste under Title 173 WAC Irreducible fill material shall have maximum dimension of less than 12 inches. Recycled concrete shall be free of rebar and other material that may pose a safety or health hazard Recycled or broken asphalt or shall not be used in areas subject to exposure to seasonal or continual perched ground water,in a critical aquifer recharge area or over a sole-source aquifer. Irreducible fill material shall be intermixed with well-graded,natural earthen materials in sufficient quantities and of a suitable size to assure filling of all voids and to assure the fill can be compacted to sufficient density to comply with geotechmcal specifications approved for the project in order to assure stability of fill. 32. The permit holder shall submit a fill monitoring plan to King County for review and approval prior to the required pre,construction conference. The monitoring plan shall address monitoring and inspection of imported fill used for reclamation and filling of the pit to ensure that the material corresponds to condition 31,above. Ivfmimum plan design will determine critical data elements,data collection techniques,frequency of monitoring,data reporting,verification techniques to assure material is not contaminated,definition of clean fill,required operator response to illegal fill and any Grading/Clearing Plan Review Approval Conditions L03CGI41 July 11,2007 Page 6 of 12 other information or data necessary to comply with federal,state and local regulations and mitigation conditions of this grading permit necessary to prevent significant environmental impact 33. The permittee shall submit reports on a quarterly basis to King County DDES or its successor agency, documenting the source and approximate quantities of all fill material brought onto and deposited on the site. Traffic 34. Any damage to pavement edges,sidewalk,curb and gutter,etc.along the site's public street frontage resulting from operations authorized by this permit shall be repaired immediately 35 Permittee shall require use of and maintain a wheel wash facility capable of cleaning wheels,tires and vehicle undercarriages in conjunction with a paved access road a minimum of 500 feet between the wheel wash location and the public road to prevent tracking of mud,dirt,and rocks onto the public right of way 36. Haul truck trips to the site are limited to 50 trips(25 inbound and 25 outbound)during the AM peak hour and 100 gravel truck laps(50 inbound and 50 outbound)during the PM peak hour. 37. The operator shall be required to monitor traffic rates to determine if haul truck traffic exceeds the design assumptions for the permit,with the understanding that if design assumptions are exceeded over a significant time period,then the department may elect to review impacts to traffic capacity,pavement wear and traffic safety for that portion of the haul exceeding design assumptions 38. All loaded outbound haul trucks shall be weighed prior to entering the public right of way. 39. Within three(3)years following the issuance of the grading permit,either(a)the proposal shall be covered by a haul route agreement with King County(or by another process or County Code provision that King County may by that time have in place relating to fill haul trucks)or(b)the operator shall submit to DDES a study prepared by a transportation consultant to assess any unexpected hauling impacts that may have occurred between the site entrance and SR 169 along Cedar Grove Road during approximately the first three years of hauling under the grading permit Additional conditions on haul truck operations may be imposed based on such a future study. Visual,Aesthetics,and Safety Liaht and Glare 40. Lighting shall be limited to that required for security, righting of structures and equipment,and vehicle operations and shall not directly glare onto surrounding properties. 41. Operator shall provide methods to discourage access to safety hazards,which may arise on areas of the site Road access to sites developed for mining or quarrying of minerals or materials shall be controlled by means of a lockable gate. 42. Along any unfenced,perimeter portion of the site adjacent to RA,UR or R zoned properties,warning and trespass signs advising of the site refilling operation shall be placed at intervals no greater than two hundred feet Gradmg(Clearmg Plan Review Approval Conditions L03CG141 July 11,2007 Page 7 of 12 Noise 43. All work shall comply with the provisions of King County Code sections 12.86-12.100 relating to noise control Additional noise mitigation measures maybe required to avoid significant adverse environmental unpacts and comply with King County Noise regulations if monitoring determines that the site does not meet noise thresholds. 44. Hours of operation shall generally be between 7:00 a m.and 10:00 p.m. In addition,hauling of material to and from the site shall be allowed between 10:00 pm.and 7.00 a in.(i.e.,nighttime hours) on an episodic basis up to 150 days per year. The following mitigation is required for operation of the pit during nighttime hours• 44.1. Outbound truck trips shall be limited to 60 per how between the hours of 10:00 PM to 7:00 AM 44.2. Nighttime hauling poses potential adverse noise impact to the following three residences adjoining the segment of Cedar Grove Road SE used for site access from SR-169: (a) 17941 Cedar Grove Road SE; (b) 17930 Cedar Grove Road SE;and (c) 18006 Cedar Grove Road SE_ Should the occupants of any of these three residences complain about the noise of nighttime truck hauling activity to the proponent or King County, then the proponent shall present a written offer to construct soundproofing unprovements to all rooms used for sleeping purposes at the proponent's expense The acoustic remodel of sleeping areas shall be designed to achieve either (a) an exterior to interior noise reduction of 35 decibels if the measured pre-existing exterior to interior noise reduction is 25 dBA or more, or (b) an increase of 10 dBA to the exterior to interior noise reduction to offset the predicted increase in the average nighttime noise level of(Leq)of 9 dBA if the measured pre-existing exterior to interior noise reduction is 25 dBA or less Acoustic remodel plans shall utilize KCC 16.04.610 Appendix If,Sound transmission control-Design Requirements and City of SeaTac Municipal Code Section 13.240.120 Building requirements for a noise level reduction of (35)dB or other appropriate sources for construction techniques to achieve either of the noise reduction standards Should the homeowner accept the proponent's offer, the proponent will prepare a building permit plan set for the homeowner's approval, obtain necessary permits,and construct the acoustic improvements. The proponent shall offer to measure interior noise levels to verify whether acoustic remodeling satisfies either of the two standards set by the prior mitigation measure. If neither standard is met, the proponent shall offer additional acoustic remodeling along with continuing measurement until one of the noise reduction standards is shown to be met. 44.3. Should it be shown that satisfying either of the exterior to interior noise reduction standards is not feasible or reasonable, other mitigation measures may be used to reduce the exterior sound levels by the amount that an exterior to interior noise reduction standard cannot be met. Further, in Neu of reducing the interior or exterior sound levels, other mitigation measures may be identified to reduce the effect of noise subject to the approval of the residents identified in the above noise mitigation measure 2 44.4 The site operator shall (a) notify all truck hauling operators that the King County Code prohibits their drivers from using engine compression brakes along all portions of Cedar Grove Road S.E.and(b)also post a sign near the site exit giving notice to this prohibition. Grading/Clearmg Plan Review Approval Conditions L03CGI41 July 11,2007 Page 9 of 12 44.5. Nighttime buck hauling operations are barred from all portions of Cedar Grove Road located eastward from the site entrance 44.6 No general bulldozing or spreading of fill materials is to occur during nighttime hours. Limited use of earth-movmg equipment is permitted during nighttime hours solely for the purpose of assisting unloading operations Strobe lights will be used in place of backup beepers during nighttime operation of earth-moving equipment 44.7. Buffers of undisturbed,existing vegetation shall be mamtained around the perimeter of the site and the project area as shown on site plans revised 1 1102/20 0 6 and approved April 2007 44.8. Speeds on the access roads and internal access routes shall be kept to a minimumL Erosion Control 45. Turbidity caused by construction activities from this project and discharged to surface waters of the U.S shall not exceed maximum levels set forth in Washington State water quality standards. 46. Approval of the erosion/sedimentation control(ESC)measures set forth on the civil drawings does not constitute an approval of permanent road or drainage design(e.g. size and location of roads,pipes, restrictors,channels,retention facilities,utilities,etc.). 47. The implementation of the ESC measures set forth on the civil drawings and the construction, maintenance,replacement,and upgrading of the ESC facilities is the responsibility of the permittee until all construction is approved_ 48. The ESC facilities shown on the civil drawings most be constructed in conjunction with all clearing and grading activities,and in such a manner as to ensure that sediment-laden water is not discharged from the site or violate applicable water standards. (KCC 9.04 090,KCC 9.12.025.) 49. The ESC facilities shown on the civil drawings are the minimum requirements for anticipated site conditions. During the construction period,those ESC facilities shall be upgraded(e g, additional sumps,relocation of ditches and silt fences,etc.)as needed for unexpected storm events. 50. The ESC facilities shall be inspected by the permittee dnd maintained as necessary to ensure their continued functioning. 51. The ESC facilities on inactive sites shall be inspected and maintained a minimum of once a month or within 48 hours following a storm event. 52. Where seeding for temporary erosion control is required,use the standard set forth in the current Icing County Surface Water Design Mammal. 53. Where straw mulch for temporary erosion control is required,it shall be applied at a minimum thickness of 2 inches. 54. All ponds and ditches and other erosion-sedimentation facilities shall be maintained in good working condition throughout construction. 55 All surface water from disturbed areas shall be intercepted,conveyed to sediment pond or trap,and discharged to ground through an approved infiltration facility or area as per approved plans. Grading/Clearing Plan Review Approval Conditions L03CGI41 July 11,2007 Page 9 of 12 56. Per 1999 KCSWDM D.5.4 and D.10 13,the permit holder shall designate an certified Erosion Sediment Control(ESC)supervisor who shall be responsible for maintenance and review of ESC measures and for compliance with all permit conditions relating to ESC as described in Appendix D of the 1998 KCS WDM(Erosion and Sediment Control Standards). 57. As directed in I998 KCSWDM D.5 4,the ESC supervisor or designee shall maintain and review all ESC measures on a regular basis. The written record of all such maintenance and review activities shall be kept onsite to demonstrate compliance with the maintenance requirements of Section D.5.4. The permit holder shall use the Maintenance Report form in Appendix D of the KCSWDM The operator may also submit a form,modified to be more appropriate for the site,for DDES approval. 58. Those portions of the site open during the winter shall control sedimentation with temporary features such as silt fences,temporary sedimentation ponds,expedient infiltration or sediment ponds,mulch, etc.which may be filled over and re-established as operating conditions dictate. 59. Any finished grades and any finished slopes over 20 feet in height shall be prepared to insure appropriate growing medium and replace hydrologic conditions of existing native soils and re- vegetated with approved seed mixture grasses to stabilize soils by October 1st annually Surface fill soils in the reclaimed fill area shall be scarified,de-compacted and amended with at least 8 inches of organic-rich topsoil. The area shall be seeded with a mixture of Red Alder(25%by weight),Red Fescue(40%),Colonial Bentgrass(15%),and White clover(20%). During the life of the permit,the permit holder shall be responsible for maintaining the vegetated areas such that noxious and invasive species of vegetation are limited to 20%or less of the plant community 60. Temporary,exterior fill slopes not included in active filling operations during winter months(October 15 through April 1)shall be revegetated with temporary grass seed mixture by October 1. 61. Temporary sediment ponds placed prior to permanent drainage facilities capable of holding a mimmum volume of 11,000 cubic feet shall be provided for each 8-acre portion of un-stabilized fill If eroding soils delivered to the sediment pond exceed the pond's capacity,then the pond shall be cleaned out or replaced. 62. Permit holder has identified 5 phases of construction development. Development of each phase shall be substantially complete prior to initiation of each subsequent phase. 63. Gradient terraces shall be constructed perpendicular to slope. Each terrace shall have a minimum width of 10 inches,have a minimum 2a/a(10%maximum)downward slope to the outer edge of the terrace and be placed a maximum of every thirty vertical feet measured from the base of the slope. Construction Equipment Storatze 64. In additions to storage of equipment that is related to the onsite operations,up to ten(10)acres of the site may be used for incidental storage of other equipment and materials subordinate to the ongoing industrial uses on the property 65. Area(s)to be used for storage shall be identified in the field for approval by the King County DDES Inspector prior to storage use 66. All equipment to be stored shall be inspected to ensure that no petroleum products will leak into the ground. An emergency spill cleanup kit shall be available onsite at all times. Grading/Clearing Plan Review Approval Conditions L03CGI41 July 11,2007 Page 10 of 12 General Requirements 67. A copy of the approved plans,conditions,and permit must be on the job site whenever construction is in progress 68. The boundaries of the clearing limits shown in regard to Assessor's Parcel Numbers 2923669080 and 2923069082 on the approved plan shall be clearly located and permanently monumented in the field prior to clearing or other construction within the Phase 3 part of the site. No clearing and grading of Phase 3 shall take place until these limits are approved in the field by DDES staff. Monuments shall be maintained by the permittee for the duration of Phase 3 reclamation. No Phase 3 disturbance beyond the clearing and grading limits shall be permitted Permtttee shall provide the name of a responsible person or agent who can be contacted 24 hours a day 69. Work and disturbance shall be limited to that shown on the approved plans. The following maps are the approved plans for this project as of issuance of this revision. 69.1. "Cedar Shores Refill,Sheets 1-15,last modified November 10,2006,received by DDES December 7,2006 and approved June 5,2007 70. No additional filling and/or excavation beyond that shown on approved plans are authorized under this approval 71. Failure to substantially comply with any of the conditions contained within this permit shall be immediate cause for suspension of the permit and fines and penalties pursuant to King County Code Title 21A,and 23 and Chapters 9 04,9 12,and 16 82 72. The permittee shall be responsible for all costs associated with the review and/or inspection of this permit by responsible department staff. These costs shall be in accordance with the fees set forth in King County Title 27 Failure to remain current with fee balances may be cause for suspension or revocation of the permit Grading/Clearing Plan Review Approval Conditions L03CG141 July 11,2007 Page 11 of 12 Permit Conditions Approval I have read the attached conditions of approval and understand that failure to comply with all conditions set forth herein may necessitate an immediate work stoppage until such time as compliance with the stipulated conditions is attained. The permittee shall be responsible for all costs associated with the review and/or inspection of this permit by responsible department staff. These costs shall be in accordance with the fees set forth in King County Title 27. Failure to remain current with fee balances may be cause for suspension or [evocation of the permit I certify that I have made a diligent inquiry regarding the need for concurrent state or federal permits to engage in the work authorized by this permit and no such permits are required or I have obtained or will obtam the required permits. I understand that the granting of this peunnt shall not be construed as satisfying the requirements of other applicable Federal,State,or local laws or regulations. In addition, 1 understand and agree that this permit does not authorize the violation of the Endangered Species Act as set forth at 16 U.S C. §§ 1531-1543,including the prohibition on the"take"of threatened or endangered species. "Take" is defined at 16 U S C. §§ 1532(19) 1 fully understand that it is my sole responsibility to determine whether such"take"restrictions would be violated by work done pursuant to this permit,and I understand that I am precluded by Federal Law from undertaking work authorized by this permit if that work would violate the"take"restrictions set forth at 16 U S C §§ 1538,50 C F R §§ 17.31, 50 C F R §§223 and 50 C F.R.§§224. Development authorized by this permit or approval may require other state and/or federal permits, including,but not limited to,a Washington State Hydraulics Project Approval(IIPA)or a U.S.Army Corps of Engineers 404 or Section 10 permit If such other penuit(s)is/are required,this/these other pen-nits must be issued prior to issuance of this peuuit or approval. Failure to secure these other permits before beginning work authorized by this permit or approval is a violation of this condition,and may result in suspension or revocation of this permit/approval,and/or pursuing other enforcement actions. Should any other required permit be suspended,revoked or in anyway be subjected to other enforcement actions,this permit may be suspended until all defects causing said enforcement actions have been remedied Signed Cedar Momitatn Reclamation LLC, A Washington Limited Liability Company By- onald J Vino, Manager Date By: �� o J tephan Banchero, Jr., Mana ate GradmglCleanng Plan Review Approval Conditions L03CG 141 July 11,2007 Page 12 of 12 a , PROPOSAL SIGNATURE PAGE The undersigned bidder hereby proposes and agrees to start construction work on the Contract, if awarded to him/her, on or before ten (10) calendar days from the date of the Notice to Proceed, and agrees to complete the Contract within ninety (90) calendar days after issuance of the City's Notice to Proceed. The undersigned bidder hereby agrees to submit all insurance documents, performance bonds and signed contracts within ten (10) calendar days after City awards the Contract. The City anticipates issuance of the Notice to Proceed on the day of the preconstruction meeting. No bidder may withdraw his/her bid for a period of sixty (60) calendar days after the day of bid opening. The required bid security consisting of a bid bond, cashier's check or cash in an amount equal to 5% of the total amount is hereto attached. Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. Receipt of Addendum No.'s I , Z to the plans and/or specifications is hereby acknowledged. Failure to acknowledge receipt of the addenda may be considered an irregularity in this proposal. By signing this Proposal Signature Page, the undersigned bidder agrees to be bound by all terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. DATE: G 1v5 -z- AL V- cc ,-ITTz-Rc--rtaC, t4C_ NAME OF DDE !� 1Z BY: Signature (Print Name and Title) P.D. M,-K S(e Address V�o.J 9-oe_ w P 9 BZ L Giant Sandbag Removal - Rebid/Horn 19 June 4, 2012 Project Number: 12-3002 s BID BOND FORM KNOW ALL MEN BY THESE PRESENTS: That we, AGR Contracting, Inc. , as Principal, T avelers Ca ualt and Surety and �ompany of merga , as Surety, are held and firmly bound unto the CITY OF KENT, as Obligee, in the penal sum of 5z of Amount Bid Dollars, for the payment of which the Principal and the Surety bond themselves, their heirs, executors, administrators, successors and assigns, 3ointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for Green River Levee Flood Protection - Giant Sandbag Removal/Project Number: 12-3002 According to the terms of the proposal or bid made by the Principal thereof, 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 invitation to bid, 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 damaged, the amount of this bond. SIGNED, SEALED AND DATED THIS 25th D OF Ju a 2012. '�L " P NCIPAL S U ENpe4ptt . B tto y - act Received return of deposit in the sum of $ Giant Sandbag Removal - Rebid/Horn Project Number 12-3002 WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER i POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 224977 Certificate No. 004817463 KNOW ALL MEN BY THESE PRESENTS That St Paul Fire and Marine Insurance Company,St Paul Guardian Insurance Company and St Paul Mercury Insurance Company ate coiporatons duly organized under the laws of the State of Minnesota,that Farmington Casualtv Company,Travelei s Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc,is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the"Companies'),and that the Companies do hereby make constitute and appoint Joann Pfeifer, Keith W Brewe,and Sandra L Medendorp of the City of Redmond ,State of Washington , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recogmzances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of patanteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law 19th IN WIT_NESSS 'HEREOF,the Comp i�,e�shave caused this instrument to be signed and their corporate seals to be hereto affixed,this day of April LUU ZZ { Farmington Casualty Company St Paul Mercury Insurance Company Fidelity and Guaranty Insarance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company f�GI.SU,i�f F�0.E°4'M,,. xpM IMSG p�InSLgq.� ,ptTY ANp ot:::rFOM SEALOW S`- yM State of Connecticut By City of Hartford ss Georg Thompson, error i,,e President On this the 19th day of April 2012 , before me personally} p y appeared George W Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc, St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Tra�cicrs Casualty and Surety Company Travelers Casualty and Surety Company of America and United States Fidelity and Guaranty Company,and that he,as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer 0,Tl7 /� In Witness Whereof,I hereunto set my hand and official seal ' &v'.r' 0, My Commission expires the 10th day of June, 2016 AUBI�G * Marie C Teneault,Notary Public �s 58440-6-11 Printed in U S A WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Aura ney is gi anted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters Inc, St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company St Paul Mercury Insurance Company,Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows RESOLVED, that the Chairman, the President,any Vice Chairman,any Executive Vice President,any Senior Vice President any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizanees,contracts of indemnity,and other wrings obligatory in the nature of a bond,iecognizance,or conditional undertaking,and any of said officers or the Board of Diru,tors at any time may remove any such appointee and revoke the power given him or her and it is FURTHER RESOLVED,that the Chairman the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in witting and a copy thereof is filed in the office of the Secretary,and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or witting obligatory in the nature of a bond,recognizance,or conditional undertakng shall be valid and binding upon the Company when(a)signed by the President any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President any Second Vice President the Treasurer,any Assistant Treasurer the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, and it is FURTHER RESOLVED,that the signature of each of the following officers President,any Executive Vice President,any Senior Vice President any Vice President, any Assistant Vice President, any Secretary, any AssMant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached I,Kevin E Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters Inc,St Paul Fire and Marine Insurance Company,St Paul Guardian Insurance Company,St Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said C ompanies,which is in full force and effect and has not been revoked IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the!wAs�of said Companies this 25th day of June 20 12 Kevin E Hughes,Assistant Sec tary r G.�S` Y F��E 6 4t OY�M!MS49 Jq+�SS4ggry eJa�tY ggGq R �r�� % O�}+y'p�1 ♦ Pc �Y�Si O3�>�S 'P (,'s p Ly ��t zci�' ; �9S 19rJ is ® SEA n, .� _•_ i ?X ep�j a rCowf 0 �n 189gm 7 SSEAL a o q',W_n ,gyp�e To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www travelersbond corn Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER CITY OF KENT COMBINED AFFIDAVIT & CERTIFICATION FORM: NON-COLLUSION, MINIMUM WAGE (NON-FEDERAL AID) NON-COLLUSION AFFIDAVIT Being first duly sworn, deposes and says, that he/she is the Identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly Induced or solicited any other bidder on the foregoing work equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself/herself or to any other person any advantage over other bidder or bidders. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having duly sworn, deposed, say and certify that In connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage 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. FOR; NON-COLLUSION AFFIDAVIT AND MINIMUM WAGE AFFIDAVIT Green River Levee Flood Protection - Giant Sandbag Removal Project Number: 12-3002 NAME OF PROJECT ,Ada I'- c.ot r�_n.a C,t, l a L NAME OF BIDDER'S FIRM SI ATdlkff OF AUTHORIZED REPRESENTATIVE OF BIDDER Subscribed and sworp to We-we me this 25� day of -?OPJE�- . 2012. Notary Pub inland for the State o WashingtorY,, residing at IWA Giant Sandbag Removal - Rebid/Horn 21 June 4, 2012 Project Number 12-3002 rJ BIDDER'S CHECKLIST The following checklist is a guideline to help the Contractor make sure all forms are complete. The bidder's attention is especially called to the following forms. Failure to execute these forms as required may result in rejection of any bid. Bidder's Package should include the following: Bid Document Cover Sheet filled out with Bidder's Name ....................❑ Tableof Contents Sheet .......................................................................❑ Invitation to Bid...................................................................................❑ Contractor Compliance Statement........................................................❑ Date............................................................................................❑ Have/have not acknowledgment ................................................❑ Signature and address ................................................................❑ Declaration - City of Kent Equal Employment Opportunity Policy ........❑ Datedand signed ........................................................................❑ Administrative Policy ...........................................................................❑ Proposal...............................................................................................❑ First line of proposal - filled in ...................................................❑ Unit prices are correct ................................................................❑ Subcontractor List (contracts over $100K) ..........................................❑ Subcontractors listed properly....................................................❑ Signature ....................................................................................❑ Subcontractor List (contracts over $1 million).....................................❑ Subcontractors listed properly....................................................❑ Signature ....................................................................................❑ Contractor's Qualification Statement ...................................................❑ Completeform and notarize........................................................❑ ProposalSignature Page......................................................................❑ AllAddenda acknowledged .........................................................❑ Date, signed and addressed ........................................................❑ BidBond Form .....................................................................................❑ Signed, sealed and dated ............................................................❑ Powerof Attorney.......................................................................❑ (Amount of bid bond shall equal 50/o of the total bid amount) Non-Collusion Affidavit ........................................................................❑ Signed, dated and notarized .......................................................❑ Bidder's Checklist ................................................................................❑ The following forms are to be executed after the Contract is awarded: A) CONTRACT This agreement is to be executed by the successful bidder. B) PAYMENT AND PERFORMANCE BOND To be executed by the successful bidder and his surety company. The following form is to be executed after the Contract is completed: A) CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT To be executed by the successful bidder AFTER COMPLETION of this contract. Giant Sandbag Removal - Rebid/Horn 22 June 4, 2012 Project Number 12-3002 Bond Number: 105750702 PAYMENT AND PERFORMANCE BOND 0 T TO CITY OF (CENT w.%"'.*1o. KNOW ALL MEN BY THESE PRESENTS: - That we, the undersigned, AGR Contracting, Inc. as Principal, and Travelers Casualty and Surety Company of America a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $894,628.03 , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of Green River Levee Flood Protection - Giant Sandbag Removal/Project Number: 12-3002 (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. Giant Sandbag Removal - Rebid/Horn Project Number 12-3002 TWO WITNESSES: AGR Contracts g, Inc. PRINCIPAL z pnnnp '. n ove) n K BY: TITLE: H?k-21 DI,NT' DATE: Le 2 DATE: (a(Z- - iZ D �� f GiYI � ei er CORPORATE SEAL: PRINT NAME Travelers Casualty and Surety DATE: (0(Zg I IZ. Coippany of Amerfck z SUR%Ke CORPORATE SEAL: BY: - h r e DATE: 06/27/12 TITLE: Attorney-in-Fact ------ ADDRESS: 1501 4th Ave #1150 Seattle, WA 98101 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that 434"v— Who signed the said bond on behalf of the Principal Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and atte ed for and in behalf of said Corporation by authority of Its governing body. SE RETARY R SISTANT SECRETARY Giant Sandbag Removal - Rebid/Horn Project Number: 12-3002 WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS, Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Conipanv St.Paul Guardian Insurance Company Attorney-In Fact No. 224977 Certificate No. O O`t H 1 1 `i 6 1 KNOW ALL MEN BY THESE PRESENTS That St Paul Fire and Marine Insurance Company,St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duty organized under the laws of the State of Minnesota that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America die corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corpoi anon duly organized under the laws of the State of Iowa and that Fidelity and Guaranty Insurance Underwriters Inc is a corporation duty organized under the laws of the State of Wisconsin (herein collecuvely called the`Companies"i and that the Companies do hereby make,constitute and appoint Joann Pfeifer,Keith W Brewe, and Sandra L Medendorp of the City of Redmond ,State of Washington ,their true and lawful Attomey(s)-m-Pact, each in then•separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other v,nnngs obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pernutted in any actions.or proceedings allowed by taw + mil 19th IN WITNESS EIHF,REOF the Compgeif, ave caused this instrument lobe signed and their corporate seals to be hereto affixed,this day of pit , VV � �' W, Farmington Casualty C11 ,,ompany ,. St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company ` Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company �,.SUAE j F10.E 6 r O�NN NS�N ,n'y 1 HS(/q"''� P,,,tTY ANDS Ma�MTy Y .' U( ^ aC[YFDR41fD �Z �/� r Air af'S �y C00.VONATf ^i ¢ T B� �,19.82S O •7 � t£ °' MARTPoRD, J ta�iFfA.� < SEPAL n �, coati i 1� ooNNR w t8987 ��' F� � ��i:micF� f iA= o A� °6 +� 'gytA W'•°-ryl SN AN./ YS Y ! ,.N • V AtN State of Connecticut By J City of Hartford ss Georg 'Thompson, emor 'Ice Pre>ident 19th April 2012 On this the day of , before me personally appeared George W Thompson, who acknowledged himself to be the Sensor Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,and that he as such being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by hrmself as a duly authorized officer p,TIT A r' /� In Witness Whereof,I hereunto set my hand and official seal TAA W lAi; My Commission expires the;Oth day of June 2016 rOUBU� # Mangy C Tetreault,hot,aN Public 58440-6-11 Printed in U S A WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidchty and Guaranty Insurance Underwriters,Inc, St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St Paul Mercury Insurance Company,Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recogmzances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any nine may remove any such appointee and revoke the power given him or her and it rs FURTHER RESOLVED that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary,and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any,Executve Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority, and it is FURTHER RESOLVED that the signature of each of the following officers President,any Executive Vice President,any Senior Vice President any Vice President, any Assistant Vice President,any Secretary any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assxmnt Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obhgatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached I,Kevin E Hughes,the undersigned,Assistant Secretary of Farmington Casualty Company,Fidelity and Guatantti Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc,St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company,St Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 27th day of June 20 12 Kevin E Hughes,Assistant Seciftary GI.6UA�f F�PE 6 ' OYi,11 �N$/�5 Jq'j�x6Uq� 9Jpl�Y Ahpm �pygm �t'�i p �/r 6 Z� Q°OP'OPA�F�m� x QU QVOMAT ryPaz ° 9j6 SEAL, a SEAL a (� To verify the authenticity of this Power of Attorney,call I-800-421-3880 or contact us at www travelersbond com Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CONTRACT THIS AGREEMENT, made in triplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and 66nit Wo-%V.AG'rltilC.tF tt,iG-- , organized under the laws of the State of WPksH�r1(n tit , located and doing business at `'fl Se�x SC. r1o��or �JA `lP1L�2_ ("Contractor"). WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: Green River Levee Flood Protection - Giant Sandbag Removal/ Project Number: 12-3002 in accordance with and as described in the Contract Documents and shall perform any alterations in or additions to the work provided under the Contract Documents and every part thereof. The Contract Documents shall include all project specifications, provisions, and plans; the City's general and special conditions; the 2012 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if applicable ("Standard Specifications"); the City's bid documents; and the Contractor's response to the City's bid. Unless otherwise directed by the City, work shall start within ten (10) days after the City issues its Notice to Proceed and be completed within flinty-(901 seventy-five (75) calendar days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract Documents and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The City hereby promises and agrees with the Contractor to employ, and does employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract Documents and the schedule of unit or itemized prices provided by Contractor in its response to the City's bid, at the time and in the manner and upon the conditions provided for in the Contract Documents. 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. Giant Sandbag Removal - Rebid/Horn 22 June 20, 2012 Project Number. 12-3002 I 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this contract. 6. Contractor agrees, upon the City's written demand, to make all books and records available to the City for inspection, review, photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the "one call" locator service before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City. Giant Sandbag Removal - Rebid/Horn 26 June 4, 2012 Project Number 12-3002 CITY OF KENT B . SU COOKE, MAYOR � is ATTEST: APPROVED AS TO FOR : t KEN LAW DEPARTMENT CONTRACTOR BY: /I d W, PRINT NAME: SN"IEF- Mv�ArGpor�RLD TITLE: DATE: Giant Sandbag Removal - Rebid/Horn 27 June 4, 2012 Project Number 12-3002 EXHIBIT A INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or In connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Commercial General Liability Insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability Insurance policy with respect to the work performed for the City using ISO additional Insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 Products/Completed Operations and $4,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance; 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Giant Sandbag Removal - Rebid/Horn 28 June 4, 2012 Project Number 12-3002 EXHIBIT A (Continued) D. Acceptability of Insurers Insurance is to be placed with Insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Giant Sandbag Removal - Rebid/Horn 29 June 4, 2012 Project Number. 12-3002 OP ID: RP AFRO CERTIFICATE OF LIABILITY INSURANCE DA707/03 D/YYYY) 07/03/12 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 425-885-2283 CONTACT Redmond General Insurance Agcy 425 865 6631 PHONE � No PO Box 847 No.elill, Redmond,WA 98073-0847 E-MAIL ss Keith W BreWe,CPCU ADDREPRODUCER CUSTOMER ION AGRC0-1 INSURER$ AFFORDING COVERAGE NAIL N INSURED AGR Contracting,Inc. INSURER A Continental Western Ins Co PO Box 56 INSURER B Monroe,WA 98272 INSURERC INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 ILTR TYPE OF INSURANCE POLICY NUMBER MMIDOIYYYY M EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X CWP2914806 01/01/12 01/01/13 S> r PREMISES Ea occurrence) $ 100,00 CLAIMS-MADE FXI OCCUR MED EXP(Any one person) $ 5,00 PERSONAL B ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ 2,000,00 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY X CEOMBBII NEDI'SINGLE LIMIT $ 1,000,00 A X ANY AUTO CWP2914806 01/01/12 01/01/13 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per acptlenl) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIREDAUTOS (Per ant) $ X NDN-OWNEDAUTOS $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000,00 EXCESS LIAB CWMS-MADE AGGREGATE $ 5,000,00 A X CU2917881 01101H2 O1101113 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STAT (Y OTH- AND EMPLOYERS'LIABIIJTYLIMITS A ANY PROPRIETORIPARTNERIEXECUTIVE YIN CWP2914806 01/01/12 01/01/13 EL EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLU DEC? ❑ NIA (Mandatory In NH) EMPLOYERS LAB STOP GAP E L DISEASE-EA EMPLOYE $ 1,000,00 I yes,deacnoe under DESCRIPTION OF OPERATIONS Delon E L DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Ranarlu Schedule,I more space M raqulreM Green River Levee Flood Protection-Giant Sandbag Removal/Project Number: 12-3002 Additional Insured per CLCG20140107,CW34680110&C000011207:City of Kent and King County n ur nc im ! i r CLCGO0200307 CERTIFICATE HOLDER CANCELLATION KENT-06 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department 400 W Gowe AUTHORIZED REPRESENTATIVE Kent,WA 98032 K.eidi W Brewe 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD POLICY IfIRIBER: CWP2914806 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS -AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II—Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to "bodily injury' and •property damage caused,in whole or in part,by your wont'at locations specified in the written contract or agreement and included in the"products-completed operations hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to 'today injury"or'property damage'that occurs prior to the execution of,or subsequent to the expiration of, the contract or agreement in which you agreed that such person or organization be added as an additional insured on your policy. CL CG 2014 0107 Indudes copyrighted material of Irmrarkce services Page 1 of 1 Offices,Inc,with its permission POLICY NUMBER: CWP2914806 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS (b) That is Fire, Lightning, Explosion or If SECTION I —COVERAGE C MEDICAL PAY- Sprinkler Leakage insurance for prem- MENTS is not otherwise excluded from this ises rented to you or temporarily occu- Coverage Part. pied by you with the permission of the owner, 1. The Medical Expense Limit provided by thispolicy 4. Paragraph 9.a. of SECTION V — DEFINI- , shall be the LIMI , subject to the termsTS OF INSURANCE, SECTION III - TIONS is deleted and replaced by the follow- greater of: ing: a. $10,000;or a. A contract for a lease of premises. However, that portion of the contract for b. The Medical Expense Limit shown in the a lease of premises that Indemnities any Declarations of this Coverage Part. person or organization for damage by B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND fire, lightning, explosion or sprinkler SPRINKLER LEAKAGE DAMAGE TO PREM- leakage to premises while rented to you ISES YOU RENT or temporarily occupied by you with permission of the owner is not an "in- If damage to premises rented to you under Cov- sured contract"; erage A. is not otherwise excluded from this pol- C. NON-OWNED WATERCRAFT icy,the following applies 1. The last paragraph of SECTION I — COV- 1. Paragraph g.(2) of SECTION I — COVER- ERAGE A.2. Exclusions is deleted and re- AGE A.2. Exclusions is deleted and re- 1 placed by the following: placed by the following Exclusions c. through n. do not apply to A watercraft you do not own that is: damage by fire, lightning, explosion or sprin- (a) Less than 51 feet long;and kler leakage to premises while rented to your (b) Not used to carry persons or property for or temporarily occupied by you with permis-sion of the owner. A separate limit of insur- a charge. ance applies to this coverage as described D. SUPPLEMENTARY PAYMENTS in SECTION III—LIMITS OF INSURANCE. SECTION I — SUPPLEMENTARY PAYMENTS 2. Paragraph 6. of SECTION III — LIMITS OF — COVERAGES A AND B is amended as fol- INSURANCE is deleted and replaced by the lows: following: 1. The limit of insurance in paragraph 1.b. is 6. Subject to 5.above,the greater of: increased from$250 to$2,500, and a. $300,000;or 2. The limit of insurance in paragraph 1.d. is b. the Damage To Premises Rented increased from$250 to$500_ To You Limit shown in the Declara- E. AUTOMATIC ADDITIONAL INSURED — tions, SPECIFIED RELATIONSHIPS is the most we will pay under COVER- The following is added to Paragraph 2. of SEC- AGE A for damages because of "prop- TION 11.WHO IS AN INSURED: erty damage"to any one premises, while rented to you, or temporarily occupied by e. Any person or organization described in you with the permission of the owner paragraph f. below,whom you and such per- arising out of any one fire, lightning, ex- son or organization have agreed in writing in plosion or sprinkler leakage incident a contract or agreement that such person or organization be added as an additional in- 3. Paragraph 4.b.(1)(b) Other Insurance of sured on your policy SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and re- placed by the following CL CG 00 20 03 07 Includes copyrighted material of Insurance Sennces Page 1 of 6 Office,Inc,with its permission Such person or organization is an insured (c) The ownership, maintenance,or use provided: of any elevators. (1) The written or oral contract or agree- F. ADDITIONAL INSURED—OWNERS,LESSEES ment is: OR CONTRACTORS—AUTOMATIC STATUS (a) Currently in effect or becomes effec- 1. SECTION II — WHO IS AN INSURED is tive during the policy period, and amended to include as an additional insured (b) Executed prior to an "occurrence"or any person or organization for whom you are offense to which this insurance performing operations when you and such would apply. person or organization have agreed in writ- ing in a contract or agreement that such per- (2) They are not specifically designated as son or organization be added as an addi- an additional insured under any other tional insured on your policy. Such person or provision of, or endorsement added to, organization is an additional insured only this policy. with respect to liability for "bodily injury', "property damage" or "personal and adver- f. Only the following persons or organizations tising injury" are additional insureds under this endorse- ment, and coverage provided to such addi- a. Your acts or omissions, or tional insureds is limited as provided herein: b. The acts or omissions of those acting on (1) The manager or lessor of a premise your behalf; leased to you, but only with respect to li- ability arising from the ownership, main- in the performance of your ongoing opera- tenance or use of that part of the prem- lions for the additional insured. ises leased to you and subject to the fot- A person's or organization's status as an ad- lowing additional exclusions: ditional insured under this policy ends when This insurance does not apply to: your operations for that additional insured (a) Any "occurrence" which takes place are completed. after you cease to be a tenant of that 2. With respect to the insurance afforded to premises these additional insureds, the following addi- (b) Structural alterations, new construc- tional exclusions apply: tion or demolition operations per- This insurance does not apply to formed by or on behalf of the man- , a. Bodily injury, properly damage or ager or lessor personal and advertising injury" arising (2) Any person or organization from whom out of the rendering of, or the failure to you lease equipment, but only with re- render, any professional architectural, spect to liability for"bodily injury", "prop- engineering or surveying services, in- erty damage" or "personal and advertis- cluding ing injury'caused, in whole or in part, by your maintenance, operation or use of (1) The preparing, approving, or fading equipment leased to you by such per- to prepare or approve, maps, shop son(s)or organ¢ation(s). drawings, opinions,reports, surveys, field orders, change orders or draw- However, this insurance does not apply ings and specifications;or to any "occurrence" which takes place after the equipment lease exptres. (2) Supervisory, inspection, architec- (3) Any state or political subdivision, subject tural or engineering activities to the following additional provision b. "Bodily injury' or "property damage" This insurance applies only with respect occurring after to the following hazards for which the (1) All work, including materials, parts state or political subdivision has issued a or equipment furnished in connec- permit in connection with premises you tion with such work, on the project own, rent, or control and to which this in- (other than service, maintenance or surance applies repairs) to be performed by or on (a) The existence, maintenance, repair, behalf of the additional insured(s)at the erection, or removal of the location of the covered opera advertising signs, awnings, cano- pies, cellar entrances, coal holes, (2) That portion of "your work" out of driveways, manholes, marquees, which the injury or damage arises hoist away openings, sidewalk has been put to its intended use by vaults, street banners, or decora- any person or organization other tions and similar exposures, or than another contractor or subcon- (b) The construction, erection, or re- tractor engaged in performing op- erations for a principal as a part of the same project CL CG 00 20 03 07 Indudes copyrighted material of Insurance Services Page 2 of 6 Office,Inc,with its permission 3. The Insurance provided by this endorsement c. We may pay any part or all of the de- is primary Insurance and we will not seek ductible amount to effect settlement of contribution under any insurance policy un- any claim or suit and, upon notification der which such additional insured is a of the action taken, you shall promptly named insured, if such policy was procured reimburse us for such part of the de- and paid for by such additional insured, or a ductible amount as we have paid. parent or related entity of such additional in- sured_ H. BROADENED NAMED INSURED 4. With respect to the insurance afforded to Paragraph 3. of SECTION II - WHO IS AN IN- these additional insureds, SECTION III — SURED is deleted and replaced by the following LIMITS OF INSURANCE is amended as fol- Any organization, other than a joint venture,over lows: which you maintain ownership or majority inter- The limits applicable to the additional in- est of more than 50%will be a Named Insured if there is n sured are those speed in the written con- i other However: Insurance available to cifi tract or agreement or the limits stated in the that organization. However: Declarations, whichever is less. If no limits a. Coverage under this provision is afforded are specified in the written contract or only until the 180th day after you acquire or agreement, the limits applicable to the adds- form the organization or the end of the policy tional insured are those specified in the Dec- penod,whichever is earlier. larations The limits of insurance are inclu- sive of and not in addition to the limits of in- b. COVERAGE A does not apply e- surance shown in the Declarations_ jury or property damage that o "bodily ccurreedd be- fore you acquired or formed the organiza- G. PROPERTY DAMAGE TO BORROWED bon. EQUIPMENT c. COVERAGE B does not apply pp y to *personal 1. Paragraph 2J. of SECTION I - COVER- and advertising injury arising out of an of- AGES, COVERAGE A BODILY INJURY fense committed before you acquired or AND PROPERTY DAMAGE LIABILITY is formed the organization. amended as follows- 1. CONSTRUCTION PROJECT GENERAL AG- Paragraphs (3) and (4) of this exclusion do GREGATE LIMIT not apply to tools or equipment loaned to 1. For all sums which the insured becomes you, provided they are not being used to per- legally obligated to pay as damages caused form operations at the time of loss. by `occurrences" under COVERAGE A 2. SECTION III — LIMITS OF INSURANCE is (SECTION 1), and for all medical expenses deleted and replaced by the following: caused by accidents under COVERAGE C (SECTION 1),which can be attributed only to The most we will pay in any one "occur- ongoing operations at a single construction renee" for "property damage' to borrowed project away from premises owned by or equipment is $15,000. This limit of insur- rented to the insured ance is the most we will pay regardless of 9 the number of. a. A Single Construction Project General a. Insureds; Aggregate Limit applies to each con- struction project away from premises b. Claims made or"suits"brought;or owned by or rented to the insured, and that limit is equal to the amount of the c. Persons or organizations making claims General Aggregate Limit shown in the or bringing"suits' Declarations. 3. Deductible b. The Single Construction Project General a. Our obligation to pay damages on behalf Aggregate Limit is the most we will pay for the COV- of the insured applies only to the amount ERAGE A, except damages damages under se of of damages in excess of$250 as appli- "bodily injury" or 'property damage' of cable to"property damage' as the result cluded in the "products-completed op- of any one "occurrence', regardless of erations hazard", and for medical ex- the number of persons or organizations penses under COVERAGE C regardless who sustain damages because of that of the number of "occurrence". b. The terms of this insurance, including (1) Insureds, those with respect to our right and duty (2) Claims made or"suds"brought;or to defend the insured against any"suits" (3) Persons or organizations making seeking those damages, and your duties claims or bringing "suns" in the event of an"occurrence',claim,or "suit" apply irrespective of the application of the deductible amount CL CG 00 20 03 07 Includes copyrighted material of insurance Services Page 3 of 6 Office,Inc.with its permission c. Any payments made under COVERAGE J. KNOWLEDGE OF OCCURRENCE A for damages or under COVERAGE C The following is added to paragraph 2.Duties In for medical expenses shall reduce the The Event Of Occurrence, Offense, Claim Or Single Construction Project General Ag- Suit of SECTION IV — COMMERCIAL GEN- gregate Limit for that construction pro- ERAL LIABILITY CONDITIONS: ject away from premises owned by or rented to the insured Such payments e. A report of an "occurrence", offense, claim shall not reduce the General Aggregate or"suit"to Limit shown in the Declarations nor shall they reduce any other Single Construc- (1) You, if you are an individual, tion Project General Aggregate Limit for (2) A partner, if you are a partnership, any other separate construction project away from premises owned by or rented (3) An executive officer, if you are a to the insured corporation, or d. The limits shown in the Declarations for (4) A manager, if you are a limited liability Each Occurrence, Fire Damage and company, Medical Expense continue to apply. is considered knowledge and requires you to However, instead of being subject to the notify us of the 'occurrence", offense,claim, General Aggregate Limit shown in the or'suit*as soon as practicable. Declarations, such limits will be subject to the applicable Single Construction f. We are considered on notice of an Project General Aggregate Limit. 'occurrence", offense, claim or 'sutt' that is 2. For all sums which the insured becomes reported to your Workers' Compensation legally obligated to pay as damages caused insurer for an event which later develops into b 'occurrences° under COVERAGE A w ch thrren s offense, unarm or s pouit*licy. for Y which there is coverage under this policy. (SECTION 1), and for all medical expenses However, we will only be considered on caused by accidents under COVERAGE C notice d you nobfy us as soon as you know (SECTION 1), which cannot be attributed the claim should be addressed by this policy only to ongoing operations at a single desig- rather than your Workers' Compensation nated construction project away from prem- ises owned by or rented to the insured: a. Any payments made under COVERAGE K. UNINTENTIONAL OMISSIONS A for damages or under COVERAGE C The following is added to paragraph 6. Repre- for medical expenses shall reduce the sentations of SECTION IV - COMMERCIAL amount available under the General Ag- GENERAL LIABILITY CONDITIONS: gregate Limit or the Products-Completed d. If you unintentionally fail to disclose any ex- Operations Aggregate Limit, whichever posures existing at the inception date of your is applicable;and policy, we will not deny coverage under this b. Such payments shall not reduce any Coverage Part solely because of such failure Single Construction Project General Ag- to disclose_ However, this provision does gregate Limit not affect our right to collect additional pre- mium or exercise our right of cancellation or 3. When coverage for liability arising out of the non-renewal. 'products-completed operations hazard" is provided, any payments for damages be- This provision does not apply to any known cause of"bodily injury'or"property damage" injury or damage which is excluded under included in the "products-completed opera- any other provision of this policy. tions hazard" will reduce the Products- L. MENTAL ANGUISH Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor Paragraph 3. of SECTION V— DEFINITIONS is the Single Construction Project General Ag- deleted and replaced by the following gregate Limit 3. "Bodily injury" means bodily injury, sickness 4. If the applicable construction project away or disease sustained by a person, including from premises owned by or rented to the in- mental anguish or death resulting from any sured has been abandoned, delayed, or of these at anytime abandoned and then restarted, or if the au- M. WAIVER OF TRANSFER OF RIGHTS OF RE- thorized contracting parties deviate from COVERY AGAINST OTHERS plans, blueprints, designs, specifications or paragraph 8. Transfer Of Rights Of Recovery be the same the project onll prostilject ct deemed to Against Others To Us of SECTION IV— COM- MERCIAL GENERAL LIABILITY CONDITIONS 5. The provisions of Limits Of Insurance is amended by the addition of the following (SECTION Ili) not otherwise modified by this endorsement shall continue to apply as stipulated CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 4 of 6 Office,Inc,with its permission We waive any right of recovery we may have be- the premises, site or ioca- cause of payments we make for injury or dam- tion in connection with such age arising out of your ongoing operations or operations by such insured, .your work" done under a contract requiring such contractor or subcontractor waiver with that person or organization and in- cluded in the *products-completed operations Subparagraph (b) does not hazard". apply to "bodily injury" or "property damage" arising However, our rights may only be waived prior to out of heat, smoke or fumes the "occurrence" giving rise to the injury or dam- from a"hostile fire" age for which we make payment under this Cov- erage Part The insured must do nothing after a (2) Any loss, cost or expense ans- loss to Impair our rights At our request, the in- ing out of any: sured will bring "sud" or transfer those rights to us and help us enforce those rights. (a) Request, demand, order or statutory or regulatory re- N. LIMITED JOB SITE POLLUTION quirement Issued or made 1. Exclusion f. under Section I — Coverage A pursuant t any e envi- 9 is replaced by the following: mental prott ection or e ronmental liability statutess or or 2. Exclusions regulations that any Insured test for, monitor, clean up, This insurance does not apply to: remove, contain, treat, de- f. Pollution toxify or neutralize, or in any way respond to, or assess (1) "Bodily Injury' or "property dam- the effects of, "pollutants", age"arising out of the actual, al- or leged or threatened discharge, (b) Claim or suit by or on behalfdispersal, seepage, migration, of a governmental authority release or escape of pollut- ants": for damages because of testing for, monitoring, (a) At or from any premises, cleaning up, removing, con- site or location on which any taining, treating, detoxdying insured or any contractors or neutralizing or in any way or subcontractors working responding to or assessing directly or indirectly on any the effects of, "pollutants" insured's behalf are per- forming operations If the However, this paragraph does operations are to test for, not apply to liability for those monitor, clean up, remove, sums the insured becomes le- contain, treat, detoxify or gally obligated to pay as dam- neutralize, or in any way re- ages because of property dam- spond to, or assess the ef- age that the insured would fects of,"pollutants";or have in the absence of such re- quest, demand, order or statu- (b) At or from a storage tank or tory or regulatory requirement, other container, ducts or or such claim or "suit" by or on piping which is below or par- behalf of a governmental author- tially below the surface of Ity. the ground or water or 2. With respect to "bodily injury' or "property which, any time, has been damage"arising out of the actual, alleged or bused under the surface of the ground or water and threatened discharge, dispersal, seepage, then subsequently exposed migration, release or escape of"pollutants" by erosion, excavation or a. The "Each Occurrence Limit" shown in any other means if the ac- the Declarations does not apply tual, alleged or threatened discharge, dispersal, seep- b. Paragraph 7. of Limits Of Insurance age, migration, release or (Section lit)does not apply. escape of"pollutants"arises c. Paragraph 1. of Section III —Limits Of at or from any premises, site Insurance is replaced by the following. or location which any in- sured or any contractors or The Limits Of Insurance shown in this subcontractors working di- endorsement, or in the Declarations and rectly or indirectly on any in- the rules below fix the most we will pay sured's behalf are perform- regardless of the number of ing operations if the "pollut- ants"are brought on or to CL CIS 00 20 03 07 Includes copyrighted material of Insurance Services Page 5 of 6 Office,Inc,with its permission (2) Claims made or"suits"brought,or 9. Subject to B. above, the Medical 3 Persons or organizations making Expense Limit is the most we will ( ) 9 g pay under Coverage C for all medi- claims or bringing"suds" cal expenses because of 'bodily in- d. The following are added to Section III— jury" sustained by any one person Limits Of Insurance: arising out of the actual, alleged or threatened discharge, dispersal, 8. Subject to 2. or 3. above, whichever seepage, migration, release or es- applies, the most we will pay for the cape of"pollutants". sum of O. OTHER INSURANCE a Damages under Coverage A; and If this policy includes a Coverage Form or an Endorsement which provides coverage for loss b. Medical expenses under Cover- or damage covered by one or more of the Ex- age C tensions of this endorsement, the limit and the because of "bodily injury' or "prop- coverage provided by this endorsement are de- erty damage" arising out of the ac- leted and replaced by the limit and coverage tual, alleged or threatened dis- provided by that Coverage Form or Endorse- charge, dispersal, seepage, migra- ment tion, release or escape of "pollut- ants"is $100,000. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 6 of 6 Office,Inc,with its permission POLICY NUMBER: CWP2914806 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following provides a broad range of coverage in addition to that provided by the basic policy. In some instances, a higher limit or broader coverage is available. Should the policy indicate broader coverage or higher limits than provided by this endorsement,the higher limits or broader coverage shall apply. A. BROADENED NAMED INSURED those specified in the written con- The Named Insured shown in the Declarations is tract or agreement, or in this cover- amended to include: age form, whichever is less. These limits of insurance are inclusive of Any organization,other than a joint venture,over and are not in addition to the Limits which you maintain ownership or majority inter- of Insurance shown in the Declara- est of more than 50%, unless that organization tions. is an •insured' under any other automobile pol- icy or would be an'insured' under such a policy and non contributory basis if that is but for the exhaustion of its Limit of Insurance,however; required by the written contract or agreement. 1. Coverage under this provision is afforded (5) This insurance does not apply orgy until the 180th day after you acquire or unless the written contract or form the organization or the end of the policy period,whichever is earlier. agreement has been executed prior to the Obodily injury' or property 2. Coverage does not apply to"bodily injury"or damage'. "property damage" that occurred before you C. ADDITIONAL INSURED-EMPLOYEES acquired or formed the organization. B. ADDITIONAL INSURED BY CONTRACT OR The following is added to the Section 11—Liability AGREEMENT Coverage, Paragraph A.I. Who is An Insured Provision: The following is added to Section 11 - Liability Coverage, Paragraph A.1.: Any"employee" yours is an insured" while us ing a covered'auto'you donY own. hire or borrow d. Any person or organization for whom you in your business or your personal affairs. are performing operations if you and such D. EXTENDED COVERAGE-BAIL BONDS person or organization have agreed in writ- ing in a contract or agreement that such Section II — Liability Coverage, Paragraph person or organization be added as an addi- A.2.a.(2). is deleted and replaced by the follow- tional insured on your policy. ing: (1) Such person or organization is an (2) Up to $3,000 for cost of bail bonds additional insured only with respect (including bonds for related traffic to liability for"bodily injury' or'prop- law violations) required because of erty damage'- an 'accident"we cover. We do not (a) Caused by an'accident%and have to furnish these bonds. (b) Resulting from the ownership, E. EXTENDED COVERAGE - LOSS OF EARN- maintenance or use of a cov- ING ered'autoa. Section 11 — Liability Coverage, Paragraph (2) A person's or organiization's status A.2.a.(4) is deleted and replaced by the follow- as an additional insured exists only ing: while you are performing operations (4) All reasonable expenses incurred by for that additional insured. the 'insured' at our request, includ- (3) Section 11, Paragraph C. Limits of ing actual loss of earning up to$500 Insurance for person or organization a day because of time off from work. added as additional insured are CW 34 68 0110 Includes Copyrighted matenal of Insurance Services Page 1 of 6 Office Inc with it s permission F. FELLOW EMPLOYEE COVERAGE (3) Security deposits not returned by The Fellow Employee Exclusion contained in the lessor; Section 11 —Liability Coverage does not apply. (4) Costs for extended warrantees. This coverage is excess over any other collect- Credit Life Insurance, Health, Acci- able insurance. dent or Disability Insurance pur- G. AUTO MEDICAL PAYMENTS COVERAGE - chased with the loan or lease;and INCREASED LIMIT (5) Carry-over balances from previous If the'insured" is wearing a seat belt at the time loans or leases. an 'accident" occurs, the LIMIT OF INSUR- K. GLASS DEDUCTIBLE ANCE for AUTOMOBILE MEDICAL PAYMENTS Section III —Physical Damage Coverage, Para- COVERAGE shown in the Declarations will be graph D. is deleted and replaced by the follow- double the limit shown. All other terms and con- ditions applicable to MEDICAL PAYMENTS re- ram' main unchanged. D. DEDUCTIBLE H. COVERAGE EXTENSION AS A CONSE- For each covered 'auto" our obligation to QUENCE OF THEFT OF AN"AUTO" pay for, repair, return or replace damaged or 1. Transportation Expense stolen property will be reduced by the appli- cable deductible shown in the Declarations. Section III — Physical Damage Coverage, Any Comprehensive Coverage deductible Paragraph A.4.a.is deleted and replaced by shown in the Declarations does not apply to: the following: 1. 'Loss'caused by fire or lightning;or a. We will also pay up to$75 per day to a 2. `Loss"when you elect to patch or repair maximum of $2,500 for temporary glass rather than replace. transportation expense incurred by you because of the total theft of a covered L. EXTENDED COVERAGE - ELECTRONIC "auto' of the 'private passenger type'. EQUIPMENT We will pay only for those covered The following is added to Section III - Physical 'autos" for which you carry either Com- Damage Coverage,Paragraph A.4.: prehensive or Specified Causes of Loss Coverage. We will pay for temporary c. Physical Damage Coverage on a oov- transportation expenses incurred during ered 'auto"also applies to`loss' to any the period beginning 48 hours after the electronic equipment that receives or theft and ending, regardless of the pit- transmits audio, visual or data signals icys expiration,when the covered'auto and that is not designed solely for the is returned to use or we pay for its reproduction of sound. This coverage "loss". applies only if the equipment is perma- Wewill also pay reasonable and neces- nently installed in the covered 'auto" at sary expenses to facilitate the return of the time of from a or the equipment is removable fm a the stolen auto*to you. housing the which is permanently installed in the covered I. EXTENDED COVERAGE-AIRBAGS "auto'at the time of the"loss", and such Section III— Physical Damage Coverage, Para- equipment is designed to be solely op- erated by use of the power from the graph B.3.a. does not apply to the unintended •auto'so electrical system, in or upon the discharge of an airbag. Coverage is excess covered•auto'. over any other collectible insurance or warranty specifically designed to provide coverage. We will pay with respects to a covered J. .auto" for "loss" to antennas and other . LEASED OR FINANCED "AUTOS" - PHYSI- CAL DAMAGE COVERAGE accessories necessary for use the electronic equipment. However, this The following is added to Section III — Physical does not include tapes, records or discs Damage Coverage, Paragraph C. M. EXTENDED COVERAGE - PERSONAL EF- 4. In the event of a total "loss' to a covered FECTS "auto, we will pay any unpaid amount due The following is added to Section III — Physical on the lease or loan for a covered 'auto', Damage Coverage,Paragraph AA.: less: a. The amount under the Physical Damage d. Physical Damage Coverage o a cov- Coverage section of the policy,and yourered pro'may be extended to are to your personal property or, rf you are an b. Any. individual, the personal property of a family member, that is in the covered (1) Overdue leaselloan payments at the auto'at the time of'loss". time of the loss"; (2) Financial penalties imposed under a The most o will pay for any one "loss' co lease for excessive use, abnormal under this coverage extension is$500. wear and tear or high mileage; CW 34 68 0110 Includes Copynghted material of Insurance Services Page 2 of 5 Office,Inc,with its permission N. TOWING AND LABOR COVERAGE b. Pay, in addition to the limit set forth in Section III — Physical Damage Coverage, Para- P.1. above, up to $500 per day, not to graph A.2. is deleted and replaced by the follow- exceed$3,500 per"loss"for: ing: (1) Any costs or fees associated with If a private passenger type 'auto" or light truck the"loss'to a hired"auto", and 'auto' (0-10,000 Lbs. GVW) is provided both (2) Loss of use, provided it is the con- Comprehensive and Collision Coverage, we will sequence of an "accident"for which pay up to $100 for towing and labor costs in- you are legally liable,and as a result cuffed each time such 'auto' is disabled. How- of which a monetary loss is sus- ever, the labor must be performed at the place tained by the leasing or rental con- of disablement. cern O. EXTENDED COVERAGE - CUSTOMIZED Q. RENTAL REIMBURSEMENT COVERAGE FURNISHINGS We will pay for rental reimbursement expenses The following is added to Section III — Physical incurred by you for the rental of an 'auto' be- Damage Coverage,Paragraph A.4.: cause of"loss"to a covered`auto". e. Physical Damage Coverage on a cov- 1. Payment applies in addition to the otherwise ered"auto" may be extended to oloss'to applicable amount of each coverage you custom furnishings including, but not have on the covered"auto'. limited to special carpeting and insula- 2. No deductible applies to this coverage tion, height-extending roofs, and custom murals, paintings or other decals or 3. We will pay only for those expenses incurred graphics. during the policy period beginning 24 hours Our limit of liability for loss to custom after the"loss'acid endi , regardless of the furnishings shall be the least of. expiration date of the Pol cY. With the lesser of the following: (1) Actual cash value of the stolen or a. When the covered `auto' has been re- damaged property; paired or replaced,or (2) Amount necessary to repair or re- b. When the total amount paid under this place the property,or coverage extension reaches$2,500. (3) $500. 4. Our payment is limited to the lesser of the This coverage extension does not apply following amounts: to electronic equipment. a. Necessary and actual expenses in- P. PHYSICAL DAMAGE COVERAGE - HIRED curred. "AUTOS" b. Not more than$75 per day. You may extend the Comprehensive, Specified 5. We will pay up to an additional$300 for the Causes of Loss and Collision t coverages'pro- reasonable and necessary expenses you in- leaseded on your owned autos m any auto you cur to remove your materials and equipment lease, rent hire or borrow from someone other from the covered 'auto' and replace such than your employees or partners to members of materials and their households subject to the following: equipment on the rental auto . 1. The most we will pay in any one"loss"is the g This coverage does not apply while there the'auto!least of q the actual cash value of are spare or reserve"autos"available to you o or r M the cost to repair or replace the your`auto', except that such amount will be re for y° operations. duced by a deductible to be determined as 7. If"loss" results from the total theft of a oov- follows: ered 'auto' of the "private passenger type", a. The deductible shall be equal to the we will pay under this coverage only that amount of the highest deductible shown amount of your rental reimbursement ex- for any owned'auto"of the same classi- penses which is not already provided for un- fication for that coverage. In the event der the Physical Damage Coverage Exten- there is no owned `auto" of the same sion. classification, the highest deductible for R. DRIVE OTHER CAR COVERAGE any owned "auto'will apply for that cov- erage. 1. Charles In Liability Coverage b. No deductible will apply to'loss"caused a. Any"auto"you don't own,hire or borrow is by fire or lightning. a covered auto" for Liability Coverage while being used by: 2. Coverage provided under this extension will: (1) You, if you are designated in the a. Be excess over any other collectible Declarations as an individual, insurance; CW 34 68 0110 Includes Copyrighted material of Insurance services Page 3 of 5 Office,Inc.with its permission (2) Your partners or members, if you owned private passenger type 'autos", the are designated in the Declarations deductible shall be $50 for Comprehensive as a partnership or joint venture, Coverage and $1 DD for Collision Coverage. (3) Your members or managers, if you No deductible will apply to "loss" caused by are designated in the Declarations fire or lightning as a limited liability company, E. Additional Definition (4) Your 'executive officers', d you are As used in this section; R. DRIVE OTHER designed in the Declarations as an CAR COVERAGE: organization other than an individ- "Family member' means a person related to ual, partnership,joint venture or lim- the individual named in R.1.a by blood, mar- ited liability company;and riage or adoption who is a resident of the indi- (5) The spouse of any person named in vidual's household, including a ward or foster R.1.a.1. through R.1.a.(4) while a child_ resident of the same household. S. KNOWLEDGE OF OCCURRENCE except The following is added to Section IV—Business (a) Any "auto" owned by that individ- Auto Conditions, Paragraph A.2.: ual or by any member of his or d. Notice of an "accident" or "loss" will be her household. considered knowledge of yours only if (b) Any"auto"used by that individual reported to you, if you are an individual, or his or her spouse while working a partner,an executive officer or an em- in a business of selling, servicing, ployee designated by you to give us repairing or parking"autos". such notice. 2. Changes In Auto Medical Payments And e. Notice of an "accldenY or'loss" to your Uninsured And Underinsured Motorists Workers Compensation insurer, for an Coverages event which later develops into a claim The following is added to Who Is An Insured: for which there is coverage under this policy, shall be considered notice to us, Any individual named in R.1a and his or her but only if we are notified as soon as "family members" are insured"while"occupy- you know that the claim should be ad- irV or while a pedestrian when being struck dressed by this policy, rather than your by any"auto"you don't own except Workers Compensation policy. Any"auto"owned by that individual or by any E Your rights under this policy shall not be "family member". prejudiced if you fail to give us notice of 3. Changes In Physical Damage Coverage an "accident" or "loss", solely due to your reasonable and documented belief Any private passenger type "auto" you don't that the event is not covered by this pol- own,hire or borrow is a covered'auto"while in icy. the care, custody or control of any individual The following is added to Section IV—Busi- named in R.1a or his or her spouse while a ness Auto Conditions,Paragraph 2.b.- resident of the same household except a. Any "auto" owned by that individual or by (6) Knowledge of the claim of docu- c any member of his or her household_ mints concerning a claim or 'suit" will be considered knowledge of b.Any"auto" used by that individual or his or yours only if receipt of such docu- her spouse while working in a business of ments is known to you, if you are an selling, servicing, repairing or parking individual, a partner, an executive "autos". officer or an employee designated 4. The most we will pay for the total of all dam- by you to forward such documents to us. ages under LIABILITY COVERAGE, AUTO MEDICAL PAYMENTS, UNINSURED MO- T. WAIVER OF SUBROGATION BY CONTRACT TORISTS COVERAGE and UNDERIN- OR AGREEMENT SURED MOTORISTS COVERAGE is the The following is added to Section IV- Business LIMIT OF INSURANCE shown in the Decla- Auto Conditions,Paragraph A.S.: rations as applicable to owned"autos". S. Our obligation to pay for, repair, return or We waive any right of recovery we may have against any "insured' provided coverage under replace damaged or stolen property under DAMAGE COVERAGE, will be this endorsement under R ADDITIONAL IN- PHYSICALbut reduced by a deductible equal to the amount SURED es CONTRACT OR AGREEMENT, but of the largest deductible shown for any bononly as respects "loss" arising out of the opera- owned private passenger type 'auto' appli- pursuant maintenance o i use of a covered "auto' cable to that coverage. If there are no pursuant nt the provisions t. conditions of the written contractor agreement. CW 34 68 01 10 Includes Copyrighted material of Insurance services Page 4 of 5 Office,Inc,vnth its permission U. UNINTENTIONAL OMISSIONS V LIBERALIZATION The following is added Section IV - Business if we revise this endorsement to provide greater Auto Conditions, Paragraph B.2.: coverage without additional premium charge,we We will not deny coverage under this policy I will automatically provide the additional cover- you fail to disclose all hazards existing as of the age to all endorsement holders as of the day the inception date of the policy, provided such fail- revision is effective in your state. ure is not Intentional. CW 34 68 0110 Indudes copyrighted material of Insurance Services Page 5 of 5 Office,Inc,with its permission POLICY 11arAM - CU2917881 COMMERCIAL LIABILITY UMBRELLA CU 00 01 12 07 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. No other obligation or liability to pay sums or Read the entire policy carefully to determine rights, perform acts or services is covered unless ex- duties and what is and is not covered. plicitly provided for under Supplementary Pay- Throughout this policy the words "you" and "your" ments—Coverages A and B. refer to the Named Insured shown in the Declarations, b. This insurance applies to "bodily injury" and and any other person or organization qualifying as a 'property damage"only if: Named Insured under this policy. The words "we", (1) The "bodily injury" or "property damage" is "us" and "our" refer to the company providing this caused by an"occurrence"that takes place insurance. in the"coverage temtory; The word"insured"means any person or organization (2) The "bodily injury or 'property damage" qualifying as such under Section 11 — Who Is An In- occurs during the policy period;and sured. Other words and phrases that appear in quotation (3) Prior to the policy period, no insured listed marks have special meaning. Refer to Section V — under Paragraph of Section It—Who Is An Insured and no "employee" authorized Definitions. by you to give or receive notice of an "oc- SECTION 1—COVERAGES currence"or claim, knew that the"bodily in- COVERAGE A—BODILY INJURY AND PROPERTY jury" or"property damage" had occurred, in DAMAGE LIABILITY whole or in part. If such a fisted insured or 1. Insuring Agreement authorized "employee" knew, prior to the policy period, that the "bodily injury" or a. We will pay on behalf of the insured the "utti- "property damage"occurred, then any con- mate net loss" in excess of the "retained limit" tinuation, change or resumption of such because of"bodily injury"or"property damage" "bodily injury" or "property damage" during to which this insurance applies. We will have or after the policy period will be deemed to the right and duty to defend the insured against have been known prior to the policy period. any"suit"seeking damages for such'bodily in- C. "Bodily injury" or 'property damage" which jury" or"property damage" when the "underly- occurs during the policy period and was not, ing insurance" does not provide coverage or prior to the policy period, known to have oc- the limits of"underlying insurance" have been cxured by any insured listed under Paragraph exhausted. When we have no duty to defend, 1 a. of Section 11 — Who Is An Insured or any we will have the right to defend, or to partici- 'employee" authorized by you to give or re- pate in the defense of,the insured against any ceive notice of an "occurrence" or claim, in- other "suit" seeking damages to which this in- dudes any continuation,change or resumption surance may apply. However, we will have no of that "bodily injury or "property damage" af- duty to defend the insured against any "suit" ter the end of the policy period. seeking damages for "bodily injury or "prop- erty damage"to which this insurance does not d. "Bodily injury or "property damage" will be apply At our discretion, we may investigate deemed to have been known to have occurred any "occurrence" that may involve this insur- at the earliest time when any insured listed un- ance and settle any resultant claim or"sud",for der Paragraph 1.a, of Section 11 —Who Is An which we have the duty to defend.But: Insured or any"employee" authorized by you to 1 The amount we will a for the"ultimate net give or receive notice of an "occurrence" or ( ) pay claim: loss" is limited as described in Section Ili— Limits Of Insurance;and (1) Reports all,or any part,of the"bodily injury" or p (2) Our right and duty to defend ends when we surer-, rty damage"to us or any other in- have used up the applicable limit of insur- ance in the payment of judgments or set- (2) Receives a written or verbal demand or tlements under Coverages A or B. claim for damages because of the "bodily injury"or"property damage"; or CU 00 01 12 07 ©ISO Properties, Inc., 2007 Page 1 of 17 Q (3) Becomes aware by any other means that (2) The furnishing of alcoholic beverages to a "bodily injury" or "property damage"has oc- person under the legal drinking age or un- curred or has begun to occur. der the influence of alcohol;or e. Damages because of "bodily injury" include (3) Any statute, ordinance or regulation relating damages claimed by any person or organiza- to the sale, gift, distribution or use of alco- tion for care, loss of services or death resulting holic beverages. at any time from the"bodily injury". This exclusion applies only if you are in the 2. Exclusions business of manufacturing, distributing, selling, This insurance does not apply to: serving or furnishing alcoholic beverages. a. Expected Or Intended Injury This exclusion does not apply to the extent that valid "underlying insurance"for the liquor liabil- "Bodily injury" or "property damage" expected ity risks described above exists or would have or intended from the standpoint of the insured. existed but for the exhaustion of underlying lim- This exclusion does not apply to "bodily injury' its for "bodily injury" and "property damage". resulting from the use of reasonable force to Coverage provided will follow the provisions, protect persons or property. exclusions and limitations of the"underlying in- b. Contractual Liability surance" unless otherwise directed by this in- "Bodily injury" or "property damage"for which surance the insured is obligated to pay damages by d. Workers'Compensation And Similar Laws reason of the assumption of liability in a con- Any obligation of the insured under a workers' tract or agreement. This exclusion does not compensation, disability benefits or unem- apply to liability for damages. ployment compensation law or any similar law. (1) That the insured would have in the absence e. E.R.I.S.A. of the contract or agreement, or Any obligation of the insured under the Em- (2) Assumed in a contract or agreement that is ployees' Retirement Income Security Act an "insured contract", provided the "bodily (E.R.I S A.), and any amendments thereto or injury" or "property damage" occurs subse- any similar federal, state or local statute. quent to the execution of the contract or f. Auto Coverages agreement_Solely for the purposes of Iiabit ity assumed in an insured contract", rea- (1) "Bodily injury" or "property damage"arising sonable attorney fees and necessary Iitiga- out of the ownership, maintenance or use of tion expenses incurred by or for a party any"auto"which is not a"covered auto",or other than an insured are deemed to be (2) Any loss,cost or expense payable under or damages because of "bodily injury" or resulting from any first party physical dam- "property damage", provided: age coverage; no-fault law; personal injury (a) Liability to such party for, or for the cost protection or auto medical payments cover- of, that party's defense has also been age; or uninsured or undennsured motorist assumed in the same"insured contract"; law. and g. Employer's Liability (b) Such attorney fees and litigation ex- "Bodily injury"to: penses are for defense of that party against a civil or alternative dispute (1) An "employee" of the insured arising out of resolution proceeding in which damages and in the course of: to which this insurance applies are al- (a) Employment by the insured;or leged. (b) Performing duties related to the conduct c. Liquor Liability of the insured's business;or "Bodily injury" or "property damage" for which (2) The spouse, child, parent, brother or sister any insured may be held liable by reason of. of that "employee" as a consequence of (1) Causing or contributing to the intoxication of Paragraph(1)above. any person; Page 2 of 17 ©ISO Properties, Inc, 2007 CU 00 0112 07 ❑ This exclusion applies whether the insured f. Pollution may be liable as an employer or in any other (1) "Bodily injury" or "property damage" which capacity, and to any obligation to share dam- would not have occurred in whole or part ages with or repay someone else who must but for the actual, alleged or threatened dis- pay damages because of the injury. charge, dispersal, seepage, migration, re- This exclusion does not apply to liability as- lease or escape of"pollutants" at any time; sumed by the insured under an "insured con- or tract"_ (2) "Pollution cost or expense". With respect to injury arising out of a "covered This exclusion does not apply if valid"underly- auto", this exclusion does not apply to "bodily ing insurance"for the injury" to domestic employees not entitled to pollution liability risks scribed above exists or would have existed but workers' compensation benefits. For the pur- for the exhaustion of underlying limits for poses of this insurance,a domestic"employee" is a person engaged in household or domestic p injury" and "property damage" Coverage provided will follow the provisions, exclusions work performed principally in connection with a and limitations of the"underlying insurance". residence premises. This exclusion does not apply to the extent that 1 Aircraft Or Watercraft valid "underlying insurance"for the employers "Bodily injury"or"property damage"arising out liability risks described above exists or would of the ownership, maintenance, use or en- have existed but for the exhaustion of underly- trustment to others of any aircraft or watercraft ing limits for"bodily injury". Coverage provided owned or operated by or rented or loaned to will follow the provisions,exclusions and limita- arty insured. Use includes operation and "load- tions of the "underlying insurance" unless oth- ing or unloading". erwise directed by this insurance. This exclusion applies even if the claims h. Employment-Related Practices against any insured allege negligence or other "Bodily injury"to: wrongdoing in the supervision, hiring, employ- ment, training or monitoring of others by that (1) A person ansing out of any: insured, if the "occurrence" which caused the (a) Refusal to employ that person; "bodily injury' or "property damage" involved the ownership, maintenance, use or entrust- (b) Termination of that person's employ- ment to others of any aircraft or watercraft that meet;or is owned or operated by or rented or loaned to (c) Employment-related practices, policies, any insured. acts or omissions, such as coercion, This exclusion does not apply to: demotion, evaluation, reassignment, discipline, defamation, harassment, hu- (1) A watercraft while ashore on premises you miliabon, discrimination or malicious own or rent; prosecution directed at that person, or (2) A watercraft you do not own that is- (2) The spouse, child, parent, brother or sister (a) Less than 50 feet long;and of that person as a consequence of "bodily (b) Not being used to carry persons or injury" to that person at whom any of the property for a charge; employment-related practices described in Paragraphs (a), (b), or (c) above is di- (3) Liability assumed under any insured con- rected. tract" for the ownership, maintenance or This exclusion applies whether the injury- use of aircraft or watercraft causing event described in Paragraphs (a), (b) (4) The extent that valid "underlying insurance" or(c)above occurs before employment, during for the aircraft or watercraft liability risks employment or after employment of that per- described above exists or would have ex- son. isted but for the exhaustion of underlying This exclusion applies whether the insured limits for "bodily injury" or "property dam- may be liable as an employer or in any other age". Coverage provided will follow the pro- visions, exclusions and limitations of the capacity, and to any obligation to share dam- "underlying insurance" unless otherwise di- ages with or repay someone else who must rected by this insurance;or pay damages because of the injury. CU 00 01 12 07 ©ISO Properties, Inc., 2007 Page 3 of 17 ❑ (5) Aircraft that is: (6) That particular part of any property that (a) Chartered by, loaned to, or hired by you must be restored, repaired or replaced be- with a paid crew, and cause "your work" was incorrectly per- formed on it (b) Not owned by any insured. Paragraph (2) of this exclusion does not apply k. Racing Activities if the premises are"your work"and were never "Bodily injury" or"property damage"arising out occupied, rented or held for rental by you. of the use of"mobile equipment" or"autos" in, Paragraphs (1)(b), (3), (4), (5) and (6) of this or while in practice for, or while being prepared exclusion do not apply to liability assumed un- for, any prearranged professional or organized der a sidetrack agreement racing, speed,demolition, or stunting activity or Paragraphs (3)and (4) of this exclusion do not contest apply to liability assumed under a written 1. War Trailer Interchange agreement "Bodily injury" or "property damage", however Paragraph (6) of this exclusion does not apply caused,arising,directly or indirectly, out of. to"property damage"included in the"products- (1) War,including undeclared or civil war, completed operations hazard". (2) Warlike action by a military force, including n. Damage To Your Product action in hindering or defending against an "Property damage"to"your product"arising out actual or expected attack, by any govern- of it or any part of it. ment, sovereign or other authority using o. Damage To Your Work military personnel or other agents,or (3) Insurrection, rebellion, revolution, usurped "Property damage" "your work"arising out of power,or action taken by governmental au- or any part a it andd included in the"products- completed operations thonty in hindering or defending against any completed hazard". of these_ This exclusion does not apply ff the damaged m. Damage To Property work or the work out of which the damage arises was performed on your behalf by a sub- "Property damage"to: contractor (1) Property: p. Damage To Impaired Property Or Property (a) You own, rent, or occupy including any Not Physically Injured costs or expenses incurred by you, or "Property damage" to "impaired property' or any other person, organization or entity, property that has not been physically injured, for repair, replacement, enhancement, arising out of: restoration or maintenance of such (1) A defect, deficiency, inadequacy or danger- property for any reason, including pre- ous condition in "your product" or "your vention of injury to a person or damage to another's property,or work"' or (2) A delay failure by you m anyone acting (b) Owned or transported by the insured behalf on your and arising out of the ownership, main- tenance or use of a"covered auto". agreementt inn accoo performrdance with its terms. contract or a (2) Premises you sell,give away or abandon, if This exclusion does not apply to the loss of use the "property damage" arises out of any of other property arising out of sudden and ac- cidental physical injury to your product" or your work" after it has been put to its intended (3) Property loaned to you, use. (4) Personal property in the care, custody or q, Recall Of Products,Work Or Impaired control of the insured, Property (5) That particular part of real property on Damages claimed for any loss, cost or ex- which you or any contractors or subcontrac- pense incurred by you or others for the loss of tors working directly or indirectly on your use, withdrawal, recall, inspection, repair, re- behalf are performing operations, if the placement,adjustment, removal or disposal of. "property damage" arises out of those op- (1) "Your product'; erations;or Page 4 of 17 ©ISO Properties, Inc, 2007 CU 00 0112 07 O (2) "Your work";or (10) Body piercing services; (3) "Impaired property"; (11) Services in the practice of pharmacy; but if such product, work, or property is withdrawn this exclusion does not apply if you are a or recalled from the market or from use by any retail druggist or your operations are those person or organization because of a known or of a retail drugstore; suspected defect, deficiency, inadequacy or (12) Law enforcement or firefighting services; dangerous condition in it. and r. Personal And Advertising Injury (13) Handling, embalming, disposal, burial, "Bodily injury" arising out of "personal and ad- cremation or disinterment of dead bodies. vertismg injury" t. Electronic Data s. Professional Services Damages arising out of the loss of, loss of use "Bodily injury" or "property damage" due to of, damage to, corruption of, inability to access rendering or failure to render any professional or inability to manipulate electronic data. service.This includes but is not limited to: As used in this exclusion, electronic data (1) Legal,accounting or advertising services; means information,facts or programs stored as or on, created or used on, or transmitted to or (2) Preparing, approving, or failing to prepare from computer software, including systems and or approve, maps, shop drawings,opinions, applications software,hard or floppy disks,CD- reports, surveys, field orders, change or- ROMS, tapes, drives, cells, data processing ders or drawings and specifications by any devices or any other media which are used architect, engineer or surveyor performing with electronically controlled equipment services on a project on which you serve as construction manager; This exclusion does not apply d valid "underly- ing insurance"for the electronic data risks de- (3) Inspection, supervision, quality control, scribed above exists or would have existed but architectural or engineering activities done for the exhaustion of underlying limits for"bod- by or for you on a project on which you fly injury" and "property damage". Coverage serve as construction manager; provided will follow the provisions, exclusions (4) Engineering services, including related and limitations of the "underlying insurance", supervisory or inspection services; unless otherwise directed by this insurance. (5) Medical, surgical, dental, x-ray or nursing u. Distribution Of Material In Violation Of services treatment, advice or instruction; Statutes (6) Any health or therapeutic service treatment, "Bodily injury" or "property damage" arising di- advice or instruction; rectly or indirectly out of any action or omission (7) Any service, treatment,advice or instruction that violates or is alleged to violate: for the purpose of appearance or skin en- (1) The Telephone Consumer Protection Act hancement,hair removal or replacement, or (TCPA), including any amendment of or personal grooming or therapy, addition to such law;or (8) Any service, treatment,advice or instruction (2) The CANSPAM Act of 2003, including any relating to physical fitness, including ser- amendment of or addition to such law, or vice, treatment, advice or instruction in (3) Any statute, ordinance or regulation, other connection with diet, cardio-vascular fit- than the TCPA or CANSPAM Act of 2003, ness, body building or physical training pro- that prohibits or limits the sending, transmit- grams; ling, communicating or distribution of mate- (9) Optometry or optical or hearing aid services rial or information. including the prescribing, preparation, fit- ting, demonstration or distribution of oph- thalmic lenses and similar products or hear- ing aid devices; CU 00 0112 07 0 ISO Properties,Inc.,2007 Page 5 of 17 ❑ COVERAGE B—PERSONAL AND ADVERTISING (3) Material Published Prior To Policy INJURY LIABILITY Period 1. Insuring Agreement Arising out of oral or written publication of a. We will pay on behalf of the insured the "ulti- material whose first publication took place mate net loss" in excess of the "retained limit" before the beginning of the policy period_ because of"personal and advertising injury" to (4) Criminal Acts which this insurance applies_ We will have the Arising out of a criminal act committed by or right and duty to defend the insured against at the direction of the insured. any "suit" seeking damages for such "personal 5 Liability and advertising injury"when the"underlying in- O Contractual Lia ty surance"does not provide coverage or the lim- For which the insured has assumed liability its of "underlying insurance" have been ex- in a contract or agreement This exclusion hausted When we have no duty to defend,we does not apply to. will have the right to defend, or to participate in (a) Liability for damages that the insured the defense of, the insured against any other would have in the absence of the con- "suit"seeking damages to which this insurance tract or agreement. may apply. However, we will have no duty to defend the insured against any "suit" seeking (b) Liability for false arrest, detention or damages for "personal and advertising injury" imprisonment assumed in a contract or to which this insurance does not apply. At our agreement. discretion,we may investigate any offense that (6) Breach Of Contract may involve this insurance and settle any re- Arising out of a breach of contract, except sultant claim or "suit", for which we have the an implied contract to use anther's adver- duty to defend.But: tising idea in your"advertisement". (1) The amount we will pay for the"ultimate net (7) Quality Or Performance Of Goods— loss" is limited as described in Section III— Failure To Conform To Statements Limits Of Insurance,and (2) Our right and duty to defend end when we Arising out t theo conform orm with goods, products or services to any statement have used up the applicable limit of insur- of quality or performance made in your"ad- ance in the payment of judgments or set- vertisement" Clements under Coverages A or B. No other obligation or liability to pay sums or ($) Wrong Description Of Prices perform acts or services is covered unless ex- Arising out of the wrong description of the plicitly provided for under Supplementary Pay- price of goods, products or services stated ments—Coverages A and B. in your"advertisement". b. This insurance applies to"personal and adver- (9) Infringement Of Copyright,Patent, Using injury" caused by an offense arising out Trademark Or Trade Secret of your business but only if the offense was Arising out of the infringement of copyright, committed in the"coverage territory"during the patent, trademark, trade secret or other in- policy period. teltectual property rights. Under this exclu- 2. Exclusions sion, such other intellectual property rights This insurance does not apply to: do not include the use of anothers advertis- ing idea in your"advertisement". a. "Personal and advertising injury": However, this exclusion does not apply to (1) Knowing Violation Of Rights Of Another infringement, in your "advertisement", of Caused by or at the direction of the insured copyright,trade dress or slogan. with the knowledge that the act would vio- (10) Insureds In Media And Internet Type late the rights of another and would inflict Businesses "personal and advertising injury". Committed by an insured whose business (2) Material Published With Knowledge Of is: Falsity (a) Advertising, broadcasting, publishing or Arising out of oral or written publication of telecasting; material, if done by or at the direction of the (b) Designing or determining content of insured with knowledge of its falsity websites for others,or Page 6 of 17 ©ISO Properties, Inc, 2007 CU 00 0112 07 Q (c) An Intemet search, access, content or This exclusion applies whether the injury- service provider. causing event described in Paragraphs (i), However, this exclusion does not apply to (ii) or (iii) above occurs before employ- Paragraphs 14.a., b. and c. of "personal ment, during employment or after employ- and advertising injury" under the Definitions ment of that person. Section. This exclusion applies whether the insured For the purposes of this exclusion,the plac- may be liable as an employer or in any ing of frames, borders or links, or advertis- other capacity, and to any obligation to ing, for you or others anywhere on the share damages with or repay someone else Internet, is not by itself, considered the who must pay damages because of the in- business of advertising, broadcasting, pub- jury• lishing or telecasting. (16) Professional Services (11) Electronic Chatrooms Or Bulletin Arising out of the rendering or failure to Boards render any professional service. This in- Arising out of an electronic chatroom or bul- cludes but is not limited to: letin board the insured hosts, owns, or over (a) Legal, accounting or advertising ser- which the insured exercises control. vices; (12) Unauthorized Use Of Another's Name Or (b) Preparing, approving, or fading to pre- Product pare or approve, maps, shop drawings, Arising out of the unauthorized use of an- opinions, reports, surveys, field orders, other's name or product in your e-mail ad- change orders or drawings and specifi- dress, domain name or metatag, or any cations by any architect, engineer or other similar tactics to mislead anther's surveyor performing services on a pro- potential customers. ject on which you serve as construction manager; (13) Pollution (c) Inspection, supervision, quality control, Arising out of the actual, alleged or threat- architectural or engineering activities ened discharge, dispersal, seepage, migra- done by or for you on a project on which tion, release or escape of `pollutants" at you serve as construction manager. any time. (14) Employment-Related Practices (d) Engineering services, including related supervisory or inspection services; To: (e) Medical, surgical, dental, x-ray or nurs- (a) A person arising out of any: ing services treatment,advice or instruc- (i) Refusal to employ that person; tion; (ii) Termination of that person's em- (f) Any health or therapeutic service treat- ployment;or ment,advice or instruction; (iii) Employment-related practices, poli- (9) Any service, treatment, advice or in- cies, acts or omissions, such as co- struction for the purpose of appearance ercion, demotion, evaluation, reas- or skin enhancement, hair removal or signment, discipline, defamation, replacement, or personal grooming or harassment, humiliation, discnmina- therapy, tion or malicious prosecution di- (h) Any service, treatment, advice or in- rected at that person;or struction relating to physical fitness, in- (b) The spouse, child, parent, brother or cluding service, treatment, advice or in- sister of that person as a consequence struction in connection with diet, cardio- of 'personal and advertising injury" to vascular fitness, body building or physi- that person at whom any of the em- cal training programs; ployment-related practices described in i) Optometry or optical or hearing aid Paragraphs (i), (ii) or (III) above is di- services including the prescribing, rected. preparation,fitting, demonstration or dis- tribution of ophthalmic lenses and simi- lar products or hearing aid devices, CU 00 0112 07 ©ISO Properties, Inc.,2007 Page 7 of 17 l7 (j) Body piercing services; c. The cost of bonds to release attachments, but (k) Services in the practice of pharmacy; only for bond amounts within the applicable but this exclusion does not apply if you limit of insurance We do not have to furnish are a retail druggist or your operations these bonds are those of a retail drugstore; d. All reasonable expenses incurred by the in- (I) Law enforcement or firefighting services; sured at our request to assist us in the investi- and gation or defense of the claim or"suit", includ- ing actual loss of earnings up to $250 a day (m) Handling, embalming, disposal, burial, because of time off from work cremation or disinterment of dead bod- e. All court costs taxed against the insured in the ies. "suit". However,these payments do not include (16) War attomeys' fees or attomeys' expenses taxed "Personal and advertising injury", however against the insured, caused,arising, directly or indirectly, out of f. Prejudgment interest awarded against the (a) War,including undeclared or civil war; insured on that part of the judgment we pay. If (b) Warlike action by a military force, includ- we make an offer to pay the applicable limit of ing action in hindering or defending insurance, we will not pay any prejudgment in- against an actual or expected attack, by terest based on that period of time after the of- any government, sovereign or other au- fer. thority using military personnel or other g. All interest on the full amount of any judgment agents;or that accrues after entry of the judgment and (c) Insurrection, rebellion, revolution, before we have paid, offered to pay, or depos- usurped power, or action taken by gov- ited in court the part of the judgment that is emmental authority in hindering or de- within the applicable limit of insurance. fending against any of these These payments will not reduce the limits of insur- (17) Distribution Of Material In Violation Of ance. Statutes 2. When we have the right but not the duty to defend "Personal and advertising injury" arising di- the insured and elect to participate in the defense, rectly or indirectly out of any action or omis- we will pay our own expenses but will not contrib- sron that violates or is alleged to violate ute to the expenses of the insured or the"underly- ing insurer". (a) The Telephone Consumer Protection 3. If we defend an insured against a "suit" and an Act (TCPA), including any amendment indemnitee of the insured is also named as a party of or addition to such law;or to the"suit", we will defend that indemndee if all of (b) The CAN-SPAM Act of 2003, including the following conditions are met any amendment of or addition to such a. The "suit" against the indemnitee seeks dam- law;or ages for which the insured has assumed the li- (c) Any statute, ordinance or regulation, ability of the indemnitee in a contract or agree- other than the TCPA or CANSPAM Act ment that is an"insured contract", of 2003,that prohibits or limits the send- b. This insurance applies to such liability as- ing, transmitting, communicating or dis- sumed by the insured; tribution of material or information. b. "Pollution cost or expense". c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been as- SUPPLEMENTARY PAYMENTS—COVERAGES A sumed by the insured in the same "insured AND B contract", 1. We will pay, with respect to any claim we invests- d. The allegations in the"suit"and the information gate or settle, or any "suit" against an insured we we know about the "occurrence" are such that defend,when the duty to defend exists: no conflict appears to exist between the inter- a. All expenses we incur ests of the insured and the interests of the in- b. Up to $2000 for cost of bail bonds (including demndee; bonds for related traffic law violations)required e. The indemnitee and the insured ask us to because of an "occurrence" we cover We do conduct and control the defense of that indem- not have to furnish these bonds. nitee against such"suit"and agree that we can assign the same counsel to defend the insured and the indemnitee, and Page 8 of 17 ©ISO Properties, Inc,2007 CU 00 01112 07 13 E The indemnitee: (3) A limited liability company, you are an in- (1) Agrees in writing to- sured.Your members are also insureds, but only with respect to the conduct of your (a) Cooperate with us in the investigation, business. Your managers are insureds, but settlement or defense of the"suit"; only with respect to their duties as your (b) Immediately send us copies of any managers. demands, notices, summonses or legal (4) An organization other than a partnership, papers received in connection with the joint venture or limited liability company, "suit", you are an insured. Your "executive offi- (c) Notify any other insurer whose coverage cers" and directors are insureds, but only is available to the indemnitee, and with respect to their duties as your officers (d) Cooperate with us with respect to coor- or directors. Your stockholders are also in- dinating other applicable insurance sureds, but only with respect to their liability available to the indemnitee;and as stockholders- (2) Provides us with written authorization to: (5) A trust, you are an insured. Your trustees are also insureds, but only with respect to (a) Obtain records and other information their duties as trustees. related to the"suit";and (b) Conduct and control the defense of the b. Each(1) Your the following is also an insured: indemnitee in such"suit". r volunteer workers only while per- forming duties related to the conduct of So long as the above conditions are met, attor- your business, or your "employees", other neys'fees incurred by us in the defense of that in- than either your "executive officers" (if you demnitee, necessary litigation expenses incurred are an organization other than a partner- by us and necessary litigation expenses incurred ship, joint venture or limited liability com- by the indemnitee at our request will be paid as pany)or your managers(rf you are a limited Supplementary Payments Notwithstanding the liability company), but only for acts within provisions of Paragraph 2.b.(2) of Section 1 — the scope of their employment by you or Coverage A—Bodily Injury And Property Damage while performing duties related to the con- Liability, such payments will not be deemed to be duct of your business. However, none of damages for"bodily injury"and"property damage" these "employees" or "volunteer workers" and will not reduce the limits of insurance. are insureds for: Our obligation to defend an insureds indemnitee (a) "Bodily injury"or"personal and advertis- and to pay for attorneys'fees and necessary litiga- ing injury': tan expenses as Supplementary Payments ends when we have used up the applicable limit of in- (if(ij To you, to your partners or members surance in the payment of judgments or settle- to you are a partnership or joint re a ments or the conditions set forth above, or the turee to your members ),you are - terms of the agreement described in Paragraph f. limited liability company}, of a co- above,are no longer met. "employee" in the course of his or her employment or performing duties SECTION li—WHO IS AN INSURED related to the conduct of your busi- 1. Except for liability arising out of the ownership, ness or to your other "volunteer maintenance or use of"covered autos": workers while performing duties re- lated to the conduct of your busi- a. If you are designated in the Declarations as: ness- (1) An individual, you and your spouse are (ii) To the spouse, child, parent, brother insureds, but only with respect to the con- or sister of that co-"employee" or duct of a business of which you are the sole "volunteer worker"as a consequence owner. of Paragraph(a)(i)above;or (2) A partnership or joint venture, you are an (lii) For which there is any obligation to insured. Your members, your partners, and share damages with or repay some- their spouses are also insureds, but only one else who must pay damages with respect to the conduct of your busi- because of the injury described in ness. Paragraphs(a)(i)or(ii)above. CU 00 0112 07 O ISO Properties, Inc., 2007 Page 9 of 17 13 (b) "Property damage"to property: b. Anyone else while using with your permission a (i) Owned,occupied or used by, "covered auto" you own, hire or borrow is also (ii) Rented to, in the care, custody or an insured except control of, or over which physical (1) The owner or anyone else from whom you control is being exercised for any hire or borrow a"covered auto".This excep- purpose by bon does not apply if the"covered auto"is a trailer or semitrailer connected to a "cov- you,any of your"employees", "volunteer ered auto"you own workers", any partner or member(if you are a partnership or joint venture), or (2) Your "employee" if the "covered auto" is any member (if you are a limited liability owned by that "employee" or a member of company) his or her household. (2) Any person (other than your "employee" or (3) Someone using a "covered auto" while he "volunteer worker"), or any organization or she is working in a business of selling, while acting as your real estate manager, servicing, repairing, parking or storing (3) Any person or organization having proper "autos"unless that business is yours temporary custody of your property if you (4) Anyone other than your "employees", part- die, but only: ners (if you are a partnership), members(if (a) With respect to liability arising out of the you are a limited liability company), or a maintenance or use of that property; lessee or borrower or any of their "employ- and ees", while moving property to or from a (b) Until your legal representative has been "covered auto" appointed. (5) A partner (d you are a partnership), or a (4) Your legal representative ifyou die, but only member (if you are a limited liability com- pany)with respect to duties as such. That repre- fora "covered auto"owned h him or sentative will have all your rights and dubes her or a member of his or her houseehold_ under this Coverage Part (6) "Employees" with respect to "bodily injury" to any fellow"employee"of the insured aris- c. Any organization you newly acquire or form, other than a partnership,joint venture or limited ing out of and in the course the fellow liability company, and over which you maintain employee s"employment or while perform- liability ownership or majority interest, will qualify as a ng dubes related to the conduct of your business_ Named Insured if there is no other similar in- surance available to that organization. How- c. Anyone liable for the conduct of an insured ever. described above is also an insured, but only to (1) Coverage under this provision is afforded the extent of that liability. only until the 90th day after you acquire or 3. Any additional insured under any policy of"under- form the organization or the end of the pol- lying insurance" will automatically be an insured icy period,whichever is earlier, under this insurance. (2) Coverage A does not apply to"bodily injury" If coverage provided to the additional insured is or "property damage" that occurred before required by a contract or agreement, the most we you acquired or formed the organization; will pay on behalf of the additional insured is the and amount of insurance required by the contract, less (3) Coverage B does not apply to "personal any amounts payable by any "underlying insur- and advertising injury" arising out of an of- ante". fense committed before you acquired or Additional insured coverage provided by this in- formed the organization. surance will not be broader than coverage pro- 2. Only with respect to liability arising out of the own- vided by the"underlying insurance" ership, maintenance or use of"covered autos" No person or organization is an insured with respect a. You are an insured. to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Page 10 of 17 ©ISO Properties, Inc, 2007 CU 00 0112 07 ❑ SECTION III—LIMITS OF INSURANCE SECTION IV—CONDITIONS 1. The Limits of Insurance shown in the Declarations 1. Appeals and the rules below fix the most we will pay re- If the "underi n " f: ;n g insurer or insured elects not to gardless of the number o appeal a judgment in excess of the"retained limit", a. Insureds; we may do so at our own expense. We will be li- b. Claims made, "suits" brought, or number of able for taxable costs, pre- and postjudgment in- vehicles involved,or terest and disbursements. c. Persons or organizations making claims or 2. Bankruptcy bringing"suits". a. Bankruptcy Of Insured 2. The Aggregate Limit is the most we will pay for the Bankruptcy or insolvency of the insured or of sum of all"ultimate net loss"under. the insured's estate will not relieve us of our a. Coverage A, except "ultimate net loss" be- obligations under this Coverage ParL cause of "bodily injury" or "property damage" b. Bankruptcy Of Underlying Insurer arising out of the ownership, maintenance or Bankruptcy of the "underlying insurer" will not use of a"covered auto";and relieve us of our obligations under this Cover- b. Coverage B. age Part 3. Subject to Paragraph 2. above, the Each Occur- However, this insurance will not replace the "un- rence Limit is the most we will pay for the sum of deifying insurance" in the event of bankruptcy or all "ultimate net loss" under Coverage A because insolvency of the "underlying insurer". This insur- of all "bodily injury"and "property damage"arising ance will apply as if the "underlying insurance" out of any one"occurrence". were in full effect 4. Subject to Paragraph 2. above, the Personal and 3. Duties In The Event Of Occurrence,Offense, Advertising Injury Limit is the most we wit pay un- Claim Or Suit der Coverage B for the sum of all "ultimate net a. You must see to it that we are notified as soon loss" because of all "personal and advertising in- as practicable of an"occurrence"or an offense, jury"sustained by anyone person or organization. regardless of the amount,which may result in a 5. If there is "underlying insurance" with a policy claim. To the extent possible, notice should in- period that is non-concurrent with the policy period dude: of this Commercial Liability Umbrella Coverage (1) How, when and where the "occurrence" or Part, the"retained limit(s)"will only be reduced or offense took place; exhausted by payments for a. "Bodily injury" or "property damage" which (2} The names and addresses of any injured occurs during the policy period of this Cover- age Part;or (3) The nature and location of any injury or b. "Personal and advertising injury" for offenses damage arising out of the "occurrence" or offense. that are committed during the policy period of this Coverage Part. b. If a claim is made or "suit" is brought against any insured,you must: However, s any "underlying insurance" is written (1) Immediately record the specifics of the on a clabe reduced basis, the "retained ms for will claim or"suit"and the date received;and only be reduced or exhausted by claims for that insurance that are made during the policy period, (2) Notify us as soon as practicable. or any Extended Reporting Period, of this Cover- You must see to it that we receive written no- age Part_ lice of the claim or "suit" as soon as practica- The Aggregate Limit, as described in Paragraph 2. ble. above, applies separately to each consecutive annual c. You and any other involved insured must: period and to any remaining period of less than 12 months, starting with the beginning of the policy pe- (1) Immediately send us copies of any de- nod shown in the Declarations, unless the policy mands, notices, summonses or legal pa- period is extended after issuance for an additional pers received in connection with the claim period of less than 12 months. In that case, the addi- or"suit"; tional period wit be deemed part of the last preceding (2) Authorize us to obtain records and other period for purposes of determining the Limits of Insur- information; ance. CU 00 01112 0T ©ISO Properties,Inc.,2007 Page 11 of 17 fl (3) Cooperate with us in the investigation or 6. Premium Audit settlement of the claim or defense against a. We will compute all premiums for this Cover- the"suit";and age Part in accordance with our rules and (4) Assist us, upon our request, in the en- rates. forcement of any right against any person b. Premium shown in this Coverage Part as ad- or organization which may be liable to the vance premium is a deposit premium only At insured because of injury or damage to the close of each audit period we will compute which this insurance may also apply. the earned premium for that period and send d. No insured will, except at that insured's own notice to the first Named Insured.The due date cost, voluntarily make a payment, assume any for audit and retrospective premiums is the obligation, or incur any expense, other than for date shown as the due date on the bill. If the first aid,without our consent sum of the advance and audit premiums paid 4. Legal Action Against Us for the policy period is greater than the earned premium, we will return the excess to the first No person or organization has a right under this Named Insured. Coverage Part c. The first Named Insured must keep records of a. To join us as a party or otherwise bring us into the information we need for premium computa- a"suit"asking for damages from an insured,or tion, and send us copies at such times as we b. To sue us on this Coverage Part unless all of may request its terms have been fully complied with. 7, Representations Or Fraud A person or organization may sue us to recover on By accepting this policy,you agree: an agreed settlement or on a final judgment against an insured; but we will not be liable for a. The statements in the Declarations are accu- damages that are not payable under the terms of rate and complete; this Coverage Part or that are in excess of the ap- b. Those statements are based upon representa- plicable limit of insurance. An agreed settlement tions you made to us; means a settlement and release of liability signed c. We have issued this policy in reliance upon by us, the insured and the claimant or the claim- your representations;and ants legal representative. S. Other Insurance d. This policy is void in any case of fraud by you as it relates to this policy or any claim under a. This insurance is excess over, and shall not this policy. contribute with any of the other insurance, S. Separation Of Insureds whether primary, excess, contingent or on any other basis. This condition will not apply to Except with respect to the Limits of Insurance,and in- surance specifically written as excess over this any rights or duties specifically assigned in this Coverage Part. Coverage Part to the first Named Insured, this in- When this insurance is excess,we will have no surance applies- duty under Coverages A or B to defend the in- a. As if each Named Insured were the only sured against any"suit"if any other insurer has Named Insured;and a duty to defend the insured against that "suit" b. Separately to each insured against whom claim If no other insurer defends, we will undertake is made or"suit"is brought to do so, but we will be entitled to the insured's 9. Transfer Of Rights Of Recovery Against Others rights against all those other insurers To Us b. When this insurance is excess over other in- If the insured has rights to recover all or part of surance, we will pay only our share of the "ul- fimate net loss"that exceeds the sum of Part, payment we have made under this Coverage Part, those rights are transferred to us The in- (1) The total amount that all such other insur- sured must do nothing after loss to impair them At ance would pay for the loss in the absence our request, the insured will bring"suit"or transfer of this insurance;and those rights to us and help us enforce them. (2) The total of all deductible and self-insured amounts under all that other insurance Page 12 of 17 ©ISO Properties, Inc.,2007 CU 00 0112 07 ❑ 10.When We Do Not Renew 14.Expanded Coverage Territory If we decide not to renew this Coverage Part, we a. If a "suit is brought in a part of the "coverage will mad or deliver to the first Named Insured territory" that is outside the United States of shown in the Declarations written notice of the America (including its territories and posses- nonrenewal not less than 30 days before the expi- sions), Puerto Rico or Canada,and we are pre- ration date. vented by law, or otherwise, from defending If notice is mailed,proof of mailing will be sufficient the insured, the insured will initiate a defense proof of notice. of the"suit" We will reimburse the insured, un- der Supplementary Payments, for any reason- 11.Loss Payable able and necessary expenses incurred for the Liability under this Coverage Part shall not apply defense of a "suit" seeking damages to which unless and until the insured or insured's "underly- this insurance applies,that we would have paid ing insurer" has become obligated to pay the "re- had we been able to exercise our right and tained limit". Such obligation by the insured to pay duty to defend. part of the"ultimate net loss"shall have been pre- If the insured becomes legally obligated to pay viously determined by a final settlement or judg- sums because of damages to which this insur- ment after an actual trial or written agreement be- ance applies in a part of the "coverage tem- tween the insured,claimant,and us. tort'that is outside the United States of Amer- 12.Transfer Of Defense ica (including its territories and possessions), When the underlying limits of insurance have been Puerto Rico or Canada, and we are prevented used up in the payment of judgments or settle- by law, or otherwise, from paying such sums ments,the duty to defend will be transferred to us. on the insureds behalf, we will reimburse the We will cooperate in the transfer of control to us of insured for such sums. any outstanding claims or "suits" seeking dam- b. All payments or reimbursements we make for ages to which this insurance applies which would damages because of judgments or settlements have been covered by the "underlying insurance" will be made in U.S. currency at the prevailing had the applicable limit not been used up. exchange rate at the time the insured became 13.Maintenance Of/Changes To Underlying legally obligated to pay such sums. All pay- Insurance ments or reimbursements we make for ex- penses under Supplementary Payments will be The "underlying insurance" listed in the Schedule made in U S. currency at the prevailing ex- of"underlying insurance" in the Declarations shall change rate at the time the expenses were in- remain in full effect throughout the policy period curred. except for reduction of the aggregate limit due to c. Any disputes between you and us as to payment of claims,settlement or judgments. whether there is coverage under this policy Failure to maintain "underlying insurance" will not must be filed in the courts of the United States invalidate this insurance. However, this insurance of America(including its territories and posses- will apply as if the "underlying insurance" were in sions), Canada or Puerto Rico. full effect. d. The insured must fully maintain any coverage If there is an increase in the scope of coverage of required by law, regulation or otter govern- any "underlying insurance" during the term of this mental authority during the policy period, ex- policy, our liability will be no more than it would cept for reduction of the aggregate limits due to have been if there had been no such increase. payments of claims,judgments or settlements. You must notify us as soon as practicable when Failure to maintain such coverage required by any"underlying insurance"is no longer in effect or law, regulation or other governmental authority if the limits or scope of coverage of any "undery- will not invalidate this insurance. However, this ing insurance"is changed. insurance will apply as if the required coverage by law, regulation or other governmental au- thority was in full effect. CU 00 01 12 07 ©ISO Properties, Inc., 2007 Page 113 of 17 ❑ SECTION V—DEFINITIONS 9. "Insured contract"means: 1. "Advertisement" means a notice that is broadcast a. A contract for a lease of premises. However, or published to the general public or specific mar- that portion of the contract for a lease of prem- ket segments about your goods, products or ser- ises that indemnifies any person or organiza- vices for the purpose of attracting customers or lion for damage by fire to premises while supporters. For the purposes of this definition: rented to you or temporarily occupied by you a. Notices that are published include material with permission of the owner is not an "insured placed on the Intemet or on similar electronic contract'; means of communication,and b. A sidetrack agreement; b. Regarding websites, only that part of a website c. Any easement or license agreement, except in that is about your goods, products or services connection with construction or demolition op- for the purposes of attracting customers or erations on or within 50 feet of a railroad, supporters is considered an advertisement. d. An obligation, as required by ordinance, to 2. "Auto"means: indemnify a municipality, except in connection a. A land motor vehicle, trailer or semitrailer de- with work for a municipality; signed for travel on public roads, including any e. An elevator maintenance agreement; attached machinery or equipment,or f. That part of any contract or agreement entered b. Any other land vehicle that is subject to a com- into, as part of your business, pertaining to the pulsory or financial responsibility law or other rental or lease, by you or any of your"employ- motor vehicle insurance law where it is h- ees", of any "auto". However, such contract or censed or pnnapally garaged. agreement shall not be considered an"insured However, "auto" does not include "mobile contract" to the extent that it obligates you or „ any of your "employees" to pay for "property equipment. damage"to any"auto"rented or leased by you 3. "Bodily injury" means bodily injury, disability, sick- or any of your"employees". ness, or disease sustained by a person, including g death resulting from any of these at any time. That part of any other contract or agreement "Bodily injury" includes mental anguish or other pertaining to your business (including an in- mental injury resulting from"bodily injury". demnification of a municipality in connection with work performed for a municipality) under 4. "Coverage temtory" means anywhere in the world which you assume the tort liability of another with the exception of any country or jurisdiction party to pay for "bodily injury" or "property which is subject to trade or other economic sanc- damage"to a third person or organization Tort lion or embargo by the United States of America. liability means a liability that would be imposed 5. "Covered auto" means only those"autos"to which by law in the absence of any contract or "underlying insurance"applies. agreement 6. "Employee" includes a "leased worker". "Em- Paragraphs f. and g. do not include that part of ployee"does not include a"temporary worker". any contract or agreement: 7. "Executive officer" means a person holding any of (1) That indemnifies a railroad for"bodily injury" the officer positions created by your charter, con- or "property damage" arising out of con- stitution, by-laws or any other similar governing struction or demolition operations, within 50 document. feet of any railroad property and affecting 8. "Impaired property"means tangible property, other any railroad bridge or trestle, tracks, road- than "your product" or"your work", that cannot be beds,tunnel, underpass or crossing; used or is less useful because. (2) That pertains to the loan, lease or rental of a. It incorporates "your product" or "your work" an "auto" to you or any of your "employ- that is known or thought to be defective, deft- ees", if the "auto" is loaned, leased or cient,inadequate or dangerous;or rented with a driver, or b. You have failed to fulfill the terms of a contract (3) That holds a person or organization en- or agreement; gaged m the business of transporting prop- erty by auto for hire harmless for your use if such property can be restored to use by the re- of a "covered auto"over a route or territory pair, replacement, adjustment or removal of"your that person or organization is authorized to product" or"your work", or your fulfilling the terms serve by public authority of the contract or agreement. Page 14 of 17 ©ISO Properties, Inc, 2007 CU 00 0112 07 ❑ 10."Leased worker"means a person leased to you by However, self-propelled vehicles with the fol- a labor leasing fimt under an agreement between lowing types of permanently attached equip- you and the labor leasing firm, to perform duties ment are not "mobile equipment" but will be related to the conduct of your business. "Leased considered"autos": worker"does not include a"temporary worker". (1) Equipment designed primarily for. 11."Loading or unloading" means the handling of (a) Snow removal; property a. After d is moved from the place where it is (b) Road maintenance, but not construction accepted for movement into or onto an aircraft, or resurfacing;or watercraft or"auto"; (c) Street cleaning; b. While it is in or on an aircraft, watercraft or (2) Cherry pickers and similar devices mounted "auto";or on automobile or truck chassis and used to c. While it is being moved from an aircraft,water- raise or lower workers,and craft or"auto"to the place where it is finally de- (3) Air compressors, pumps and generators, livered; including spraying, welding, building clean- but "loading or unloading' does not Include the ing, geophysical exploration, lighting and well servicing equipment_movement of property by means of a mechanical device, other than a hand truck, that is not at- However, "moble equipment"does not include tached to the aircraft,watercraft or"auto". land vehicles that are subject to a compulsory 12."Mobile equipment" means any of the following or financial responsibility law or other motor vehicle insurance law where it is licensed or types of land vehicles, including any attached ma- chinery or equipment principally garaged. Land vehicles subject to a compulsory or financial responsibility law or a. Bulldozers, farm machinery, forklifts and other other motor vehicle insurance law are consid- vehicles designed for use principally off public ered'autos". roads, 13."Occurrence" means an accident, including con- b. Vehicles maintained for use solely on or next to tinuous or repeated exposure to substantially the premises you own or rent; same general harmful conditions. c. Vehicles that travel on crawler treads; 14.'Personal and advertising injury" means injury, d. Vehicles, whether self-propelled or not, main- including consequential "bodily infury", arising out tained primarily to provide mobility to perma- of one or more of the following offenses: nently mounted: a. False arrest,detention or imprisonment, (1) Power cranes, shovels, loaders, diggers or b. Malicious prosecution; drills; or c. The wrongful eviction from,wrongful entry into, (2) Road construction or resurfacing equipment or invasion of the right of private occupancy of such as graders, scrapers or rollers; a room, dwelling or premises that a person oc- e. Vehicles not described in Paragraph a., b., c. cupies,committed by or on behalf of its owner, or d. above that are not self-propelled and are landlord or lessor; maintained primarily to provide mobility to per- d. Oral or written publication, in any manner, of manently attached equipment of the following material that slanders or libels a person or or- types: ganization or disparages a person's or orgam- (1) Air compressors, pumps and generators, zation's goods, products or services; including spraying, welding, building clean- e. Oral or written publication, in any manner, of ing, geophysical exploration, lighting and material that violates a person's right of pri- well servicing equipment; or vacy, (2) Cherry pickers and similar devices used to f. The use of anthers advertising idea in your raise or lower workers; "advertisement";or f. Vehicles not described in Paragraph a., b., c. g. Infringing upon another's copyright,trade dress or d. above maintained primarily for purposes or slogan in your"advertisement". other than the transportation of persons or cargo. CU 00 01 12 07 ©ISO Properties, Inc,2007 Page 15 of 17 ❑ 15."Pollutants" mean any solid, liquid, gaseous or 18."Property damage"means: thermal irritant or contaminant, including smoke, a. Physical injury to tangible property, including vapor, soot, fumes, acids, alkalis, chemicals and all resulting loss of use of that property All waste. Waste includes materials to be recycled, such loss of use shall be deemed to occur at reconditioned or reclaimed. the time of the physical injury that caused it;or 16."Pollution cost or expense" means any loss, cost b. Loss of use of tangible property that is not or expense arising out of any- physically injured.All such loss of use shall be a. Request, demand, order or statutory or regula- deemed to occur at the time of the "occur- tory requirement that any insured or others test rence"that caused it. for, monitor, clean up, remove, contain, treat, With respect to the ownership, maintenance or detoxify or neutralize, or in any way respond to, use of "covered autos", property damage also in- or assess the effects of,"pollutants";or cludes "pollution cost or expense", but only to the b. Claim or suit by or on behalf of a governmental extent that coverage exists under the "underlying authority for damages because of testing for, insurance" or would have existed but for the ex- monitoring, cleaning up, removing, containing, haustion of the underlying limits. treating, detoxifying or neutralizing, or in any For the purposes of this insurance, with respect to way responding to, or assessing the effects of, other than the ownership, maintenance or use of "pollutants" "covered autos", electronic data is not tangible 1T."Products-completed operations hazard" property. a. Includes all "bodily injury" and "property dam- As used in this definition, electronic data means age"occurring away from premises you own or information, facts or programs stored as or on, rent and arising out of "your product" or "your created or used on, or transmitted to or from corn- work"except. puter software(including systems and applications (1) Products that are still in your physical pos- software), hard or floppy disks, CD-ROMS, tapes, session;or drives, cells, data processing devices or any other media which are used with electronically controlled (2) Work that has not yet been completed or equipment. abandoned. However, "your work" will be 19."Retained limit" means the available limits of"un- deemed completed at the earliest of the fol- derlymg insurance" scheduled in the Declarations lowing times: or the"self-insured retention",whichever applies. (a) When all of the work called for in your 20."Setf-insured retention" means the dollar amount contract has been completed. listed in the Declarations that will be paid by the (b) When all of the work to be done at the insured before this insurance becomes applicable job site has been completed if your con- only with respect to "occurrences" or offenses not tract calls for work at more than one job covered by the "underlying insurance". The "self- site. insured retention"does not apply to"occurrences" (c) When that part of the work done at a lob or offenses which would have been covered by site has been put to its intended use by "underlying insurance" but for the exhaustion of any person or organization other than applicable limits. another contractor or subcontractor Y7,"Suit" means a civil proceeding in which damages working on the same project. because of "bodily injury", "property damage" or Work that may need service, maintenance, "personal and advertising injury" to which this in- correction, repair or replacement, but which surance applies are alleged "Suit"includes: is otherwise complete, will be treated as a. An arbitration proceeding in which such dam- completed ages are claimed and to which the insured b. Does not include "bodily injury" or "property must submit or does submit with our consent; damage"arising out of, or (1) The transportation of property, unless the b. Any other alternative dispute resolution pro- injury or damage arises out of a condition in ceeding in which such damages are claimed or on a vehicle not owned or operated by and to which the insured submits with our con- you, and that condition was created by the sent or the"underlying insurer's"consent. "loading or unloading"of that vehicle by any 22,"Temporary worker" means a person who is fur- insured,or coshed to you to substitute for a permanent "em- (2) The existence of tools, uninstalled equip- ployee"on leave or to meet seasonal or short-term ment or abandoned or unused materials workload conditions. Page 16 of 17 ®ISO Properties, Inc,2007 CU 00 0112 07 ❑ 23."Ultimate net loss" means the total sum, after b. Includes: reduction for recoveries or salvages collectible, (1) Warranties or representations made at any that the insured becomes legally obligated to pay as damages by reason of settlement or judgments time with respect to the fitness, quality, du- as performance or use of "your prod- or any arbitration or other alternate dispute uct";and method entered into with our consent or the "un- derlying insurer's"consent. (2) The providing of or failure to provide warn- 24."Underlying insurance" means any policies of ings or instructions. insurance listed in the Declarations under the c. Does not include vending machines or other Schedule of"underlying insurance". property rented to or located for the use of oth- 25."Underlying insurer" means any insurer who pro- ers but not sold. vides any policy of insurance listed in the Sched- 28."Yourwork": ule of"underlying insurance". a. Means: 26.Nolunteer worker" means a person who is not (1) Work or operations performed by you or on your"employee", and who donates his or her work your behalf;and and acts at the direction of and within the scope of (2) Materials, parts or equipment fumished in duties determined by you, and is not paid a fee, salary or other compensation by you or anyone connection with such work or operations. else for their work performed for you. b. Includes: 27."Your product: (1) Warranties or representations made at any a. Means- time with respect to the fitness, quality, du- rability, performance or use of"your work", (1) Any goods or products, other than real and property, manufactured, sold, handled, dis- (2) The providing of or failure to provide wam- tributed or disposed of by: ings or instructions. (a) You; (b) Others trading under your name;or (c) A person or organization whose busi- ness or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. CU 00 0112 07 0 ISO Properties, Inc., 2007 Page 17 of 17 ❑ KENT SPECIAL PROVISIONS TABLE OF CONTENTS PAGE DIVISION 1 GENERAL REQUIREMENTS ........................................1-1 1-01 Definitions and Terms.........................................................1-1 1-02 Bid Procedures and Conditions.............................................1-3 1-03 Award and Execution of Contract..........................................1-5 1-04 Scope of the Work .............................................................1-7 1-05 Control of Work .................................................................1-9 1-06 Control of Material ........................................................... 1-13 1-07 Legal Relations and Responsibilities to the Public.................. 1-16 1-08 Prosecution and Progress .................................................. 1-25 1-09 Measurement and Payment ............................................... 1-39 1-10 Temporary Traffic Control ................................................. 1-32 DIVISION 2 EARTHWORK.............................................................2-1 2-01 Clearing, Grubbing, and Roadside Cleanup ............................2-1 2-02 Removal of Structures and Obstructions................................2-1 2-03 Roadway Excavation and Embankment .................................2-3 2-05 Giant Sandbag Removal......................................................2-4 2-06 Subgrade Preparation.........................................................2-5 2-08 Removal of Ecology Blocks ..................................................2-5 DIVISION 4 BASES.......................................................................4-1 4-04 Ballast and Crushed Surfacing .............................................4-1 DIVISION 5 SURFACE TREATMENTS AND PAVEMENTS .................5-1 5-02 Bituminous Surface Treatment.............................................5-1 5-04 Hot Mix Asphalt .................................................................5-1 DIVISION 8 MISCELLANEOUS CONSTRUCTION ............................8-1 8-01 Erosion Control and Water Pollution Control...........................8-1 8-02 Roadside Restoration........................................................ 8-10 8-21 Permanent Signing........................................................... 8-12 8-30 Project Signs................................................................... 8-12 DIVISION9 MATERIALS..................................................a............9-1 9-03 Aggregates .......................................................................9-1 9-14 Erosion Control and Roadside Planting ..................................9-1 Giant Sandbag Removal - Rebid/Horn June 4, 2012 Project Number 12-3002 KENT SPECIAL PROVISIONS TABLE OF CONTENTS PAGE MISCELLANEOUS DETAILS.............................................................. A-1 VICINITY MAP AND ACCESS LOCATION .......................................... A-2 ECOLOGY BLOCK LOCATION MAPS.................................................. A-3 TRAFFIC CONTROL PLANS .............................................................. A-4 BALD EAGLE MANGEMENT PLANS ................................................... A-S SIGN REMOVAL............................................................................... A-6 PREVAILING WAGE RATES.............................................................. A-7 Giant Sandbag Removal - Rebid/Horn June 4, 2012 Project Number 12-3002 KENT SPECIAL PROVISIONS The following Kent Special Provisions modify and supersede any conflicting provisions of the 2012 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations ("Standard Specifications"). Otherwise all provisions of the Standard Specifications shall apply. All references in the Standard Specification to the State of Washington, its various departments or directors, or to the contracting agency, shall be revised appropriately to read City and/or City Engineer, except for references to State statutes or regulations. These Kent Special Provisions also modify and supersede the General Special Provisions. Finally, all of these documents are a part of this contract. Each specification contains all current specifications applicable to the particular work and may include references which do not apply to this particular project. DIVISION 1 - GENERAL REQUIREMENTS 1-01 DEFINITIONS AND TERMS SECTION 1-01.1 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 1-01.1 General When these Special Provisions make reference to a "Section", for example, "in accordance with Section 1-01", the reference is to the WSDOT Standard Specifications with all modifications as shown in these Special Provisions. SECTION 1-01.2(2) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 1-01.2(2) Items of Work and Units of Measurement EA Each Eq. Adj. Equitable Adjustment FA Force Account HR Hour M GAL Thousand gallons NIC Not In Contract SF Square Feet SECTION 1-01.3 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 1-01.3 Definitions Contract Documents The Kent Special Provisions modify and supersede any conflicting provisions of the 2012 Standard Specifications for Road, Bridge, and Municipal construction, as prepared by the Washington State Giant Sandbag Removal - Rebid/Horn 1 - 1 June 4, 2012 Project Number 12-3002 Department of Transportation and the Washington Chapter of the American Public Works Association, including all published amendments issued by those organizations ("Standard Specifications") as of the date of signature by the Engineer. Otherwise all provisions of the Standard Specifications shall apply. Finally, all of these documents are a part of this contract. Each specification contains all current specifications applicable to a particular work and may include references which do not apply to this particular project. Also incorporated into the Contract Documents by reference are: 1. Standard Plans (M21-01) for Road, Bridge and Municipal Construction as prepared by the Washington State Department of Transportation and the American Public Works Association, current edition; 2. Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, and; 3. American Water Works Association Standards, current edition; Incidental Work The terms "incidental to the project," "incidental to the involved bid item(s)," etc., as used in the Contract Documents shall mean that the Contractor is required to complete the specified work and the cost of such work shall be included in the unit contract prices of other bid items as specified in Section 1-04.1 (Intent of the Contract). No additional payment will be made. Standard Plans A set of specific plans or drawings developed and adopted by the City of Kent, which show frequently recurring components of work that have been standardized for use, hereinafter referred to as the "Standard Plans" or the "City of Kent Standard Plans." Standard Specifications The Standard Specifications for this contract are contained in the following publications: 1. "2012 Standard Specifications for Road, Bridge and Municipal Construction," prepared by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA) Washington State Chapter, including all published amendments issued by those organizations. 2. "Standard Plans for Road, Bridge and Municipal Construction," current edition, prepared by the WSDOT and APWA, hereinafter referred to as the Standard Plans. 3. The current edition of the "National Electrical Code." Giant Sandbag Removal - Rebid/Horn 1 - 2 June 4, 2012 Project Number: 12-3002 4. Manual of Uniform Traffic Control Devices (MUTCD), latest Edition adopted by WSDOT. All reference in the Standard Specifications to the State of Washington, its various departments or directors, or to the contracting agency, shall be revised appropriately to read City and/or City Engineer. To the extent any inconsistencies exist among any of the four above- listed documents, each document appearing on this list shall have priority over all documents, if any, listed below it. These publications are incorporated in this contract by this reference. The Contractor should note that these publications contain general conditions to this contract, as well as construction details. Responsibility for obtaining these publications rests with the Contractor. 1-02 BID PROCEDURES AND CONDITIONS SECTION 1-02.1 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.1 Qualification of Bidders Bidders shall be qualified by ability, experience, financing, equipment, and organization to do the work called for in the Contract Documents. The City of Kent reserves the right to take whatever action it deems necessary to ascertain the ability of the Bidder to perform the work satisfactorily. This action includes the City's review of the qualification information in the bid documents. The City will use this qualification data in its decision to determine whether the lowest responsive bidder is also responsible and able to perform the contract work. If the City determines that the lowest bidder is not the lowest responsive and responsible bidder, the City reserves its unqualified right to reject that bid and award the contract to the next lowest bidder that the City, in its sole judgment, determines is also responsible and able to perform the contract work (the "lowest responsive and responsible bidder"). SECTION 1-02.2 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.2 Plans and Specifications Upon awarding the Contract, the City shall supply to the Contractor, for its own use, five (5) copies of the plans and specifications. Additional copies can be purchased from the City at the price specified by the City or in the Invitation to Bid. SECTION 1-02.4(1) IS SUPPLEMENTED BY REVISING THE SECOND ITEM 2 OF THE 6TH PARAGRAPH: 1-02.4(1) General 2. The bidder failed to discover a latent ambiguity that would be discovered by a reasonably prudent contractor in preparing its bid. Giant Sandbag Removal - Rebid/Horn 1 - 3 June 4, 2012 Project Number 12-3002 SECTION 1-02.5 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.5 Proposal Forms Prospective bidders may obtain Bid Documents including a "Bid Proposal" for the advertised project from the City of Kent upon furnishing a non-refundable payment as specified in the "Invitation to Bid" or by downloading at no charge at www.kentwa.gov/r)rocurement. Bid Documents may be requested by mail, or picked up at the Public Works Engineering Department, 400 West Gowe Street, Second Floor, Kent, Washington 98032. SECTION 1-02.6 IS SUPPLEMENTED BY OMITTING THE PARENTHETICAL REFERENCE, "(NOT WORDS),-IN THE SECOND PARAGRAPH AND BY ADDING THE FOLLOWING NEW SENTENCE TO THE END OF THE THIRD PARAGRAPH: 1-02.6 Preparation of Proposal ALL BLANKS IN THE PROPOSAL FORMS MUST BE APPROPRIATELY FILLED IN, AND ALL UNIT PRICES MUST BE STATED IN FIGURES. SECTION 1-02.6 IS SUPPLEMENTED BY ADDING THE FOLLOWING TO THE LAST PARAGRAPH: Proposals must contain original signature pages. FACSIMILES ARE NOT ACCEPTABLE AND ARE CONSIDERED NON-RESPONSIVE SUBMITTALS. SECTION 1-02.7 IS REVISED BY DELETING THE WORDS "CERTIFIED CHECK". 1-02.7 Bid Deposit SECTION 1-02.9 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.9 Delivery of Proposal All bids must be sealed and delivered in accordance with the "Invitation to Bid." Bids must be received at the City Clerk's office by the stated time, regardless of delivery method, including U.S. Mail. SECTION 1-02.11 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.11 Combination and Multiple Proposals No person, firm or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically called for; however, a person, firm, or corporation that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder is not thereby disqualified from submitting a Giant Sandbag Removal - Rebid/Horn 1 - 4 June 4, 2012 Project Number 12-3002 subproposal or quoting prices to other bidders or from making a prime proposal. SECTION 1-02.13 IS REVISED BY DELETING ITEM 1(h) AND REPLACING ITEM 1(a) WITH THE FOLLOWING: 1-02.13 Irregular Proposals a. The bidder is not prequalified when so required. SECTION 1-02.14 IS REVISED BY DELETING ITEM 3 AND REPLACING WITH THE FOLLOWING: 1-02.14 Disqualification of Bidders 3. The bidder is not qualified or pre-qualified for the work or to the full extent of the bid. 1-03 AWARD AND EXECUTION OF CONTRACT SECTION 1-03.1 IS REVISED BY DELETING THE LAST TWO PARAGRAPHS AND REPLACING WITH THE FOLLOWING: 1-03.1 Consideration of Bids The City of Kent also reserves the right to include or omit any or all schedules or alternates of the Proposal and will award the Contract to the lowest responsive, responsible bidder, or bidders, based on the total bid amount, including schedules or alternates selected by the City. A bidder who wished to claim error after the Bids have been opened and tabulated shall submit a notarized affidavit signed by the Bidder, accompanied by original work sheets used in the preparation of the Bid, requesting relief from the responsibilities of Award. The affidavit shall describe the specific error(s) and certify that the work sheets are the originals used in the preparation of the Bid. The affidavit and the work sheets shall be submitted to the Engineer no later than 5:00 p.m. on the first business day after Bid opening, or the claim will not be considered. The Engineer will review the certified work sheets, to determine validity of the claimed error, and make a recommendation to the City of Kent. If the City concurs in the claim of error, the Bidder will be relieved of responsibility, and the Bid Deposit of the Bidder will be returned. Thereafter, at the discretion of the City, all Bids may be rejected or award made to the next lowest, responsive, responsible Bidder. Giant Sandbag Removal - Rebid/Horn 1 - 5 June 4, 2012 Project Number: 12-3002 SECTION 1-03.2 IS REVISED BY REPLACING "45 CALENDAR DAYS" WITH 1160 CALENDAR DAYS"RELATING TO CONTRACT AWARD OR BID REJECTION. 1-03.2 Award of Contract SECTION 1-03.3 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-03.3 Execution of Contract The form of contract that the successful bidder, as the Contractor, will be required to execute, and the forms and the amount of surety bonds that it will be required to furnish at the time of execution of the contract are Included in the bid documents and should be carefully examined. The contract and the Surety Bonds will be executed in three (3) original counterparts. Within 10 calendar days after the award date, the successful bidder shall return the signed City prepared contract, insurance certification as required by the contract, and a satisfactory bond as required by law and Section 1-03.4. If the successful bidder fails to provide these documents within this 10-day period, the City may, at its sole discretion, reduce the time for completion of the contract work by one calendar day for each calendar day after this 10-day period that the successful bidder fails to provide all required documents. Until the City executes a contract, no proposal shall bind the City nor shall any work begin within the project limits or within City-furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the City. No claim for delay shall be granted to the Contractor due to his failure to submit the required documents to the City in accordance with the schedule provided in these Special Provisions. SECTION 1-03.4 IS SUPPLEMENTED BY ADDING THE FOLLOWING TO THE FIRST PARAGRAPH: 1-03.4 Contract Bond S. Be accompanied by a power of attorney for the Surety's officer empowered to sign the bond. 6. Be signed by an officer of the Contractor empowered to sign official statements if the Contractor is a sole proprietor or partner. If the Contractor is a corporation, the bond must be signed by the president or vice-president, unless accompanied by written proof of the authority of the individual signing the bond to bind the corporation (i.e., corporate resolution, power of attorney or letter to such effect by the president or vice-president). 7. The "Contract Bond" shall remain in force for one year following the Kent City Council "Final Acceptance Date" of the project to Giant Sandbag Removal - Rebid/Horn 1 - 6 June 4, 2012 Project Number 12-3002 ensure defects are corrected during the one-year guarantee period in compliance with WSDOT Section 1-05.10 (Guarantees), and the Payment and Performance Bond language of the contract. SECTION 1-03.7 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-03.7 Judicial Review Any decision made by the City of Kent regarding the award and execution of the contract or bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington State Law. Such review, if any, shall be timely filed in the Superior Court of King County, located in Kent, Washington. 1-04 SCOPE OF THE WORK SECTION 1-04.1(2) IS DELETED AND REPLACED WITH THE FOLLOWING: 1-04.1(2) Bid Items Not Included in the Proposal The Contractor shall include all costs of doing the work within the bid item prices. If the contract plans, contract provisions, addenda, or any other part of the contract require work that has no bid item price in the proposal form, the entire cost of labor and materials required to perform that work shall be incidental and included with the bid item prices in the contract. SECTION 1-04.2 IS SUPPLEMENTED BY ADDING THE WORDS, "KENT SPECIAL PROVISIONS, KENT STANDARD PLANS"FOLLOWING THE WORDS, "CONTRACT PROVISIONS"IN THE FIRST SENTENCE OF THE FIRST PARAGRAPH. SECTION 1-04.2 IS REVISED BY DELETING ITEMS 1 THROUGH 7 IN THE SECOND PARAGRAPH AND REPLACING WITH THE FOLLOWING: 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda 1. Change Orders 2. The Contract Agreement 3. Addenda 4. Kent Special Provisions 5. Contract Plans 6. Standard Specifications 7. Kent Standard Plans 8. Bid Packet Information Giant Sandbag Removal - Rebid/Horn 1 - 7 June 4, 2012 Project Number: 12-3002 SECTION 1-04.4 IS REVISED BY DELETING THE THIRD PARAGRAPH. SECTION 1-04.4 IS REVISED BY DELETING THE FIFTH PARAGRAPH AND REPLACING IT WITH THE FOLLOWING: 1-04.4 Changes For Item 2, Increases or decreases in quantity for any bid Item shall be paid at the appropriate bid item contract price, including any bid item increase or decrease by more than 25 percent from the original planned quantity. SECTION 1-04.5 IS REVISED BY DELETING THE FIRST PARAGRAPH AND REPLACING IT WITH THE FOLLOWING: 1-04.5 Procedure and Protest by the Contractor The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is not protested as provided in this section shall be full payment and final settlement of all claims for contract time and for direct, indirect, and consequential damages or costs, including costs of delays, related to any work either covered or affected by the change. SECTION 1-04.6 IS DELETED IN ITS ENTIRETY. 1-04.6 Variation in Estimated Quantities SECTION 1-04.9 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-04.9 Use of Adjacent Properties On levee segments, the limits of construction include the levee road or trail and the back slope of the levee. The Contractor shall confine all construction activities within these limits, unless separate arrangements are made for use of private property. Before using any private property adjoining the work, the Contractor shall file with the Engineer satisfactory evidence of written permission from the property owner to use that private property. Upon vacating the premises, the Contractor shall furnish the Engineer with a release from all damages, properly executed by the property owner and in a form satisfactory to the City. The Contractor shall confine its equipment, storage of materials and operation of work to the limits indicated by law, ordinances, permits or direction of the Engineer and shall not unreasonably encumber the premises with its materials. Giant Sandbag Removal - Rebid/Horn 1 - 8 June 4, 2012 Project Number 12-3002 Contractor, as necessary shall coordinate with all adjacent property owners regarding removal of sandbags if necessary. Specifically, sandbags are located on private property in two locations. Contractor shall coordinate with the property owners to provide continued access to these property owners unless otherwise negotiated with the property owner. The two locations which shall require coordination are: 1. All Star Towing - 7641 S. 2591h Street 2. 1819 Central Ave. S., Building D #43 to #29 DIVISION 1 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTIONS: 1-05 CONTROL OF WORK 1-05.8 City's Right to Correct Defective and Unauthorized Work If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the contract documents, the Engineer may correct and remedy such work as may be identified in the written notice, by such means as the Engineer may deem necessary, including the use of City forces. If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work corrected immediately, have the rejected work removed and replaced, or have work the contractor refuses to perform completed by using City or other forces. An emergency situation is any situation which, in the opinion of the Engineer, could be potentially unsafe if its remedy is delayed, or might cause serious risk of loss or damage to the public. Direct or indirect costs incurred by the City attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment may be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized work. No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the City's rights provided by this section nor shall the exercise of this right diminish the City's right to pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the work as required. Giant Sandbag Removal - Rebid/Horn 1 - 9 June 4, 2012 Project Number 12-3002 SECTION 1-05.10 IS SUPPLEMENTED BYADDING THE FOLLOWING: 1-05.10 Guarantees The Contractor shall be available approximately sixty (60) calendar days prior to the expiration of the guarantee period to tour the pro3ect, with the Engineer, in support of the Engineer's effort to establish a list of corrective work required under the guarantee. Upon the receipt of written notice of such required corrective work, the Contractor shall pursue vigorously, diligently, and without unauthorized Interruption of the City Facilities, the work necessary to correct the Items listed. SECTION 1-05.11 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-05.11 Final Inspection 1-05.11(1) Substantial Completion Date When the Contractor considers the work to be substantially complete, the Contractor shall notify the Engineer and request the Engineer to establish the Substantial Completion Date. To be considered substantially complete the following conditions must be met: 1. The City must have full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint. 2. Only minor incidental work, grading site cleanup, or correction or repair work remains to reach physical completion of the work. The Contractor's request shall list the specific items of work in subparagraph two above that remain to be completed in order to reach physical completion. The Engineer may also establish the Substantial Completion Date unilaterally. If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. However, if after this inspection, the Engineer does not consider the work substantially complete and ready for its intended use, the Engineer will, by written notice, notify the Contractor giving the reasons for the Engineer's determination. Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work. This process shall be repeated until the Engineer establishes the Substantial Completion Date. Giant Sandbag Removal - Rebid/Horn 1 - 10 June 4, 2012 Project Number 12-3002 1-05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for Final Inspection, the Contractor, by written notice, shall request the Engineer to schedule a Final Inspection. The Engineer will set a date for Final Inspection. The Engineer and the Contractor will then make a Final Inspection and the Engineer, if necessary, will notify the Contractor in writing of all particulars in which the Final Inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take all necessary corrective measures to remedy the listed deficiencies. The Contractor shall allocate the necessary resources to pursue completion of all corrective work vigorously, diligently, and without interruption until achieving physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied that all listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within seven 7 calendar days after receipt of the written notice listing the ( ) Y P 9 deficiencies, the Engineer may, upon written notice to the Contractor, take all necessary steps to correct those deficiencies and may deduct all costs incurred to correct the deficiencies from monies due or to become due the Contractor. Upon correction of all deficiencies, the Engineer will notify the Contractor and the City, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall not imply that all the obligations of the Contractor under the contract have been fulfilled. SECTION 1-05.12 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-05.12 Final Acceptance and Guarantee The Contractor must perform all the obligations under the contract before the Final Acceptance Date can be established. A Certificate of Completion for the work issued by the City will establish the Final Acceptance Date and certify the work as complete. The final contract price may then be calculated. The following must occur before the final acceptance date can be established and the final contract price calculated. 1. The physical work on the project must be complete. 2. The Contractor must furnish all documentation (required by the Contract and required by law) necessary to allow the City to certify the Contract as complete. A Certificate of Completion for the work, signed by the City, will constitute acceptance of the work and shall establish the Final Acceptance Date, but shall not relieve the Contractor of the responsibility to indemnify, defend, and protect the City against any claim or loss resulting from the failure of the Contractor (or the subcontractor or lower tier subcontractors) to pay all laborers, Giant Sandbag Removal - Rebid/Horn 1 - 11 June 4, 2012 Project Number 12-3002 mechanics, subcontractors, material persons, or any other person who provides labor, supplies, or provisions for carrying out the work. Additionally, the Issuance of this Certificate of Completion will not constitute acceptance of unauthorized or defective work or material. Moreover, the City in establishing the Final Acceptance Date, shall not be barred from requiring the Contractor to remove, replace, repair, or dispose of any unauthorized or defective work or material or from recovering damages for any such work or material for a period of one (1) year from the date of acceptance by the City of Kent. Final acceptance shall not constitute acceptance of any unauthorized or defective work or material. The City of Kent shall not be barred from requiring the Contractor, at his expense, to remove, replace, repair, or dispose of any unauthorized or defective work or material, or from recovering damages for any such work or material for a period of one year from the date of final acceptance. Contractors shall be barred from bidding on future City projects until the provisions of this section are satisfied. SECTION 1-05.13 IS REVISED BY DELETING THE LAST PARAGRAPH AND REPLACING WITH THE FOLLOWING: 1-05.13 Superintendents, Labor, and Equipment of Contractor Whenever the City evaluates the Contractor's qualifications pursuant to Section 1-02.1, the City may take these or other Contractor performance reports into account. Within ten (10) days of contract award, the Contractor shall designate the Contractor's project manager and superintendent for the contract work. If at any time during the contract work, the Contractor elects to replace the contract manager or superintendent, the Contractor shall only do so after obtaining the Engineer's prior written approval. SECTION 1-05.14 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 1-05.14 Cooperation With Other Contractors The City shall not be responsible for any damages suffered by the Contractor resulting directly or indirectly from the performance or attempted performance of any other City contract or contracts existing or known to be pending at the time of bid. Details of known projects are as follows: The City of Kent, in coordination with other Contractors, may be performing improvements to various portions of the Green River levee upon which the giant sandbags are located. These portions include: Giant Sandbag Removal - Rebid/Horn 1 - 12 June 4, 2012 Project Number 12-3002 Horseshoe Bend Levee Improvements Green River Rd. to 79th Ave. S. Hawley Road Levee Improvements Washington Ave. to SR 167 UUoper Russell Road Levee Improvements James Street/Russell Road Intersection Boeing Levee Improvements at Three Friends Fishing Hole Park SECTION 1-05 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTIONS: 1-05.16 Water and Power The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the Contract includes power or water as bid items, or unless otherwise provided for in other bid items. 1-05.17 Oral Agreements No oral agreement or conversation with any officer, agent, or employee of the City, either before or after execution of the contract, shall affect or modify the terms or obligations contained in any of the documents comprising the contract. Such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the City, unless subsequently put in writing and signed by an authorized agent of the City. 1-06 CONTROL OF MATERIAL SECTION 1-06.2(2) IS DELETED IN ITS ENTIRETY. 1-06.2(2) Statistical Evaluation of Materials for Acceptance SECTION 1-06 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTIONS: 1-06.6 Submittals 1-06.6(1) Submittal Procedures All submitted information shall be clear, sharp, high contrast copies. Accompany each submittal with a letter of transmittal containing the following information: 1. Contractor's name and the name of Subcontractor or supplier who prepared the submittal. 2. The project name and identifying number. Giant Sandbag Removal - Rebid/Horn 1 - 13 June 4, 2012 Project Number 12-3002 3. Each new submittal shall be sequentially numbered (1, 2, 3, etc.). Each resubmittal shall Include the original number with a sequential alpha letter added (1A, 1B, 1C, etc.). 4. Description of the submittal and reference to the Contract requirement or technical specification section and paragraph number being addressed. 5. Bid item(s) where product will be used. 1-06.6(2) Schedule of Submittals A Schedule of Submittals shall be completed by the Contractor. The schedule can be modified, deducted, or added to by the City. The Schedule shall be available at the preconstruction meeting (see 1-08.0) of the Kent Special Provisions. The Contractor shall submit three (3) copies of a Schedule of Submittals showing the date by which each submittal required for Product Review or Product Information will be made. The Schedule of Submittals must be accepted prior to payment. Identify the items that will be included in each submittal by listing the item or group of items and the Specification Section and paragraph number and bid item under which they are specified. Indicate whether the submittal is required for Product Review of Proposed Equivalents, Shop Drawings, Product Data or Samples or required for Product Information only. The Contractor shall allow a minimum of 21 days variable depending on the contract unless otherwise noted for the Engineer's review. See Section 1-08.3(2)B of the Kent Special Provisions for complete submittal review schedule. The Contractor shall also allow adequate time for manufacturer delivery at the construction site without causing delay to the Work. All submittals shall be in accordance with the approved Schedule of Submittals. Submittals shall be made early enough to allow for unforeseen delays such as: 1. Failure to obtain Favorable Review because of inadequate or incomplete submittal or because the item submitted does not meet the requirements of the Contract Documents. Re-reviews may require additional time beyond the 21 days. 2. Delay in manufacture. 3. Delays in delivery. 4. Labor disputes, work slowdowns or strikes. 1-06.6(3) Shop Drawings, Product Data and Samples This paragraph covers submittal of Shop Drawings, Product Data and Samples required for the Engineer's review. Number and type of submittals where applicable: 1. Shop Drawings: Submit six copies, two of which will be marked, stamped and returned to the Contractor. The Contractor shall make and distribute the required number of additional copies to its superintendent, subcontractors and suppliers. Giant Sandbag Removal - Rebid/Horn 1 - 14 June 4, 2012 Project Number 12-3002 2. Product Data: Submit six copies, two of which will be marked, stamped and returned to the Contractor. The Contractor shall make and distribute the required number of additional copies to its superintendent, subcontractors and suppliers. 3. Samples: Submit three labeled samples or three sets of samples of manufacturer's full range of colors and finishes unless otherwise directed. One approved sample will be returned to the Contractor. Content of submittals: 1. Each submittal shall include all of the items required for a complete assembly, system or Specification Section. 2. Submittals shall contain all of the physical, technical and performance data required by the specifications or necessary to demonstrate conclusively that the items comply with the requirements of the Contract Documents. 3. Provide verification that the physical characteristics of items submitted, including size, configurations, clearances, mounting points, utility connection points and service access points, are suitable for the space provided and are compatible with other interrelated items that are existing or have or will be submitted. 4. Label each Product Data submittal, Shop Drawing and Sample with the information required in this Section. Highlight or mark every page of every copy of all Product Data submittals to show the specific items being submitted and all options included or choices offered. 5. Additional requirements for submittals are contained in the Technical Specification sections and in Section 1-08.3(2)B. Submittals that contain deviations from the requirements of the Contract Documents shall be accompanied by a separate letter explaining the deviations. The Contractor's letter shall: 1. Cite the specific Contract requirement including the Specification Section bid item number and paragraph number for which approval of a deviation is sought. 2. Describe the proposed alternate material, item or construction and explain its advantages and/or disadvantages to the City. 3. State the reduction in Contract Price, if any, which is offered to the City. The Engineer will stamp and mark each submittal prior to returning it to the Contractor. The stamps will indicate: 1. "APPROVED AS SUBMITTED" - Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission. Does not constitute approval or deletion of specified or required items not shown in the partial submission. 2. "APPROVED AS NOTED" - Accepted subject to minor corrections that shall be made by the Contractor and subject to its compatibility with future submissions and additional partial Giant Sandbag Removal - Rebid/Horn 1 - 15 June 4, 2012 Project Number 12-3002 submissions for portions of the work not covered in this submission. Does not constitute approval or deletion of specified or required items not shown in the partial submission. No resubmission is required. 3. "AMEND AND RESUBMIT" - Rejected because of major inconsistencies or errors that shall be resolved or corrected by the Contractor prior to subsequent submittal. An amended resubmission Is required. Re-submittals that contain changes that were not requested by the Engineer on the previous submittal shall be accompanied by a letter explaining the changes. 1-06.6(4) Proposed Equivalents The Engineer retains the exclusive right, at his or her sole discretion, to accept or reject any proposed equivalent with or without cause. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC SECTION 1-07.1 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.1 Laws to be Observed The Contractor shall always comply with all Federal, State, or local laws, codes, rules and regulations that affect work under the contract. The Contractor shall also be responsible for the safety of Its workers and shall comply with all applicable safety and health standards and codes. In cases of conflict between different laws, codes, rules, or regulations, the most stringent law, code, rule, or regulation shall apply. The City will not adjust payment to compensate the Contractor for changes in legal requirements unless those changes are specifically within the scope of RCW 39.04.120. For changes under RCW 39.04.120, the City will compensate the Contractor by negotiated change order as provided In Section 1-04.4. SECTION 1-07.2 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.2 State Taxes 1-07.2(1) General The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1-07.2(1) through 1-07.2(4) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The City of Kent will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability. Giant Sandbag Removal - Rebid/Horn 1 - 16 June 4, 2012 Project Number 12-3002 The Contractor shall Include all Contractor-paid taxes in the bid Item prices or other contract amounts. In some cases, however, state retail sales tax will not be included. Section 1-07.2(3) describes this exception. The City of Kent will pay the retained percentage only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all contract-related taxes have been paid (RCW 60.28.050). The City may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue, whether the amount owed is related to this contract or not. Any amount so deducted will be paid into the proper State fund. 1-07.2(2) State Sales Tax — Rule 171 WAC 458-20-171, and its related rules apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when they are part of the roadway lighting system. For work performed in these cases, the Contractor shall include Washington State Retail Sales Tax in the various unit Bid Item prices, or other contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work. 1-07.2(3) State Sales Tax — Rule 170 WAC 458-20-170, and its related rules apply to the construction and repair of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the State of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless those sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of the street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not this personal property becomes a part of the realty by virtue of installation. For work performed in these cases, the Contractor shall collect from the City, retail sales tax on the full contract price. The City will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit Bid Item prices, or in any other contract amount subject to Rule 170, with the following exception. Giant Sandbag Removal - Rebid/Horn 1 - 17 June 4, 2012 Project Number 12-3002 Exception: The City of Kent will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated Into the project. Such sales taxes shall be included in the unit Bid Item prices or in any other contract amount. 1-07.2(4) Services The Contractor shall not collect retail sales tax from the City of Kent on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244). SECTION 1-07.6 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 1-07.6 Permits and Licenses The City of Kent has obtained the following permits: N/A Contractor shall obtain, at its sole cost, all other permits required to complete this project. A copy of each permit and/or license obtained by the Contractor shall be furnished to the City of Kent. Approved permits shall be furnished to the City of Kent upon completion of the project and prior to final acceptance. Promptly notify the City of Kent in writing of any variance in the contract documents with the laws, ordinances, rules, regulations, and orders. Necessary changes will be adjusted by appropriate modification. If Contractor performs work knowing it to be contrary to such laws, ordinances, rules, regulations, and orders, and without such notice to the City of Kent, Contractor shall assume full responsibility and bear all costs attributable to Contractor's failure to obtain all necessary permits within the time required. SECTION 1-07.9(1) IS SUPPLEMENTED BY INSERTING THE FOLLOWING PARAGRAPH AFTER THE SIXTH PARAGRAPH: 1-07.9(1) General The wage rates that will be in effect during the entire contract work period are those in effect on the day of bid opening, unless the City does not award the Contract within six months of the bid opening. The City will not adjust the Contractor's bid in the event the State or Federal Government adjusts the prevailing wage rates after the Bid Opening Date. SECTION 1-07.13(3) IS DELETED IN ITS ENTIRETY, 1-07.13(3) Relief of Responsibility for Damage by Public Traffic Giant Sandbag Removal - Rebid/Horn 1 - 18 June 4, 2012 Project Number 12-3002 SECTION 1-07.13(4) IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.13(4) Repair of Damage The Contractor shall promptly repair all damage to either temporary or permanent work as directed by the Engineer. Alternatively, the Engineer may elect to accomplish repair by City forces or other means; however, the Contractor shall pay for these repairs and the City may deduct these repair costs from monies due or to become due the Contractor. No payment will be made for delay or disruption of work. SECTION 1-07.14 IS REVISED BY DELETING THE THIRD, FOURTH, AND FIFTH PARAGRAPHS AND REVISING ALL REFERENCES OF "STATE, COMMISSION, SECRETARY" OR "STATE" TO READ "CITY': 1-07.14 Responsibility for Damage 1-07.17(4) Payment All costs to comply with this section and for the protection and repair specified in RCW 19.122 are incidental to the contract and are the responsibility of the Contractor/excavator. The Contractor shall include all related costs in the unit bid prices of the contract. No additional time or monetary compensation shall be made for delays caused by utility re-marking or repair of damaged utilities due to the Contractor's failure to maintain marks or to locate utilities in accordance with this section. 1-07.17(5) Notification of Excavation Within ten business days but not less than two business days prior to the commencement of excavation, the Contractor shall notify all owners of underground facilities, whether public or private, that excavation will occur, and when excavation will occur. 1-07.17(6) Site Inspection Contractor warrants and represents that it has personally, or through its employees, agents and/or subcontractors, examined the areas subject to this agreement and that it is knowledgeable of specific locations for water, gas, telephone, electric power and combined sewerage utilities within those areas. Contractor further warrants and represents that it has also examined in detail the plans of such utilities provided to it by the City and all other affected utility companies or entities, whether public or private. The following list of contacts is provided only as a convenience to the Contractor and may not constitute a complete or accurate list of all affected utilities. Giant Sandbag Removal - Rebid/Horn 1 - 19 June 4, 2012 Project Number 12-3002 CenturvLink Comcast Tonna Baruso Jim Nies (2S3) 372-5360 (2S3) 288-7531 Puget Sound Energy Verizon Anita Yurovchak Brad Landis (2S3) 476-6304 (42S) 201-0901 (42S) 766-1740 SECTION 1-07.18 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.18 Public Liability and Property Damage Insurance Refer to the Insurance requirements in the project agreement, which constitute the Contractor's insurance requirements for this project. 1-07.23 Public Convenience and Safety SECTION 1-07.23(1) IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.23(1) Construction Under Traffic The Contractor shall conduct all operations with the least possible obstruction and Inconvenience to the public. The Contractor shall have under construction no greater length or amount of work than can be prosecuted properly with due regards to the rights of the public. To the greatest extent possible, the Contractor shall finish each section before beginning work on the next. To disrupt public traffic as little as possible, the Contractor shall permit traffic to pass through the work with the least possible Inconvenience or delay. The Contractor shall maintain existing roads, streets, sidewalks, and pedestrian and bicycle paths within the project limits, keeping them open, and in good, clean, safe condition at all times. Deficiencies caused by the Contractor's operations shall be repaired at the Contractor's expense. Deficiencies not caused by the Contractor's operations shall be repaired by the Contractor when directed by the Engineer, at the City's expense. The Contractor shall also maintain roads, streets, sidewalks, pedestrian and bicycle paths adjacent to the project limits when affected by the Contractor's operations. Snow and ice control will be performed by the City on all projects. Cleanup of snow and ice control debris will be at the City's expense. The Contractor shall perform the following: 1. Remove or repair any condition resulting from the work that might impede pedestrians, bicyclists, and motor traffic, or that creates a hazard. 2. Keep existing traffic signal and highway, road or street lighting systems in operation as the work proceeds. The City will continue routine maintenance on these traffic signal and lighting systems. 3. Maintain the striping and other channelization markings on the roadway at the Contractor's expense. The Contractor shall be Giant Sandbag Removal - Rebid/Horn 1 - 20 June 4, 2012 Project Number 12-3002 responsible for scheduling when to renew striping or channelization, subject to the approval of the Engineer. When the scope of the project does not include work on the roadway, the City will be responsible for maintaining the striping and other channelization markings. 4. Maintain existing permanent signing. Repair of signs will be at the City's expense, except those damaged due to the Contractor's operations. 5. Keep drainage structures clean to allow for free flow of stormwater. Cleaning of existing drainage structures within the project limits will be at the Contractor's expense when flow is impaired due to the Contractor's operations. Routine cleaning of existing drainage structures will be at the City's expense when the Engineer determines that flow is not impaired due to the Contractor's operations. 6. Whether or not the Contractor is on-site, when ordered by the Engineer, the Contractor shall immediately mobilize forces to place any asphalt concrete pavement, cold plant mix, crushed surfacing gravel and/or gravel borrow as the Engineer deems necessary to provide a smooth, even roadbed, pedestrian path and bicycle path. This work will be paid for under unit contract prices, but no adjustment in payments will be considered for any additional costs necessary to install the required surfacing material. If the Contractor fails to comply, the Engineer may order the work done by others and deduct the costs from any payments due or coming due the Contractor. To protect the rights of abutting property owners, the Contractor shall: 1. Conduct the construction so that the least inconvenience as possible is caused to abutting property owners; 2. Maintain ready access to sidewalks, pedestrian and bicycle paths, driveways, houses and buildings along the line of work; 3. Provide temporary approaches to crossing or intersecting roads, streets, sidewalks, pedestrian and bicycle paths, and keep these approaches in good condition; and 4. Provide another access before closing an existing one whenever the contract or work requires removing and replacing an abutting owner's access. 5. Confine construction operations to one side of the roadway at a time, unless the Traffic Control Plan (TCP) approved by the City's Traffic Control Supervisor (TCS) clearly indicates otherwise. When traffic must pass through grading areas, the Contractor shall: 1. Make cuts and fills that provide a reasonably smooth even roadbed, street, pedestrian and bicycle path; 2. Place, in advance of other grading work, enough fill at all culverts and bridges to permit vehicle, pedestrian and bicycle traffic to conveniently and safely cross; 3. Make roadway cuts and fills, if ordered by the Engineer, in partial width lifts, alternating lifts from side to side to permit vehicles, Giant Sandbag Removal - Rebid/Horn 1 - 21 June 4, 2012 Project Number 12-3002 pedestrians, and bicyclists to conveniently and safely travel on the side opposite the work. 4. Install culverts on half the width of the traveled way, keeping the other half open and unobstructed to vehicles, pedestrians, and bicyclists until the first half Is ready for use. 5. After rough grading or placing any subsequent layers, prepare the final roadbed and pedestrian and bicycle paths to a smooth, even surface (free of humps and dips) suitable for use by public vehicles, pedestrians and bicyclists (compacted surface of crushed and compacted gravel at a minimum); and 6. Settle dust with water, or other dust palliative, as the Engineer may order. The Contractor shall be responsible for providing adequate safeguards, safety devices, protective equipment, and any other needed actions to protect the life, health, and safety of the public, and to protect property in connection with the performance of the work covered by the contract. The Contractor shall perform any measures or actions the Engineer may deem necessary to protect the public and property. The responsibility and expense to provide this protection shall be the Contractor's except that which is to be furnished by the City as specified in other sections of these specifications. Nothing contained in this contract Is intended to create any third-party beneficiary rights in favor of the public or any Individual utilizing the highway, road, or street facilities being constructed or improved under this contract. The Contractor shall keep all traffic lanes, shoulders, auxiliary lanes, sidewalks, pedestrian or bike lanes clear of equipment and materials during nonworking hours unless otherwise shown on the TCP approved by the City's TCS. The Contractor shall not keep equipment and/or materials stored within 12 feet from the edge of the traveled way, unless protected by permanent guardrail, concrete barrier, or other device approved by the Engineer. The Contractor's employees and agents shall not park private vehicles within or along the traveled way, shoulders, auxiliary lanes, sidewalks, pedestrian or bike lanes when those public access areas are open to public travel. SECTION 1-07.23(2) IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.23(2) Construction and Maintenance of Detours Unless otherwise approved by the Engineer, the Contractor shall maintain two-way traffic during construction. The Contractor shall build, maintain in a safe condition, keep open to traffic, and remove the following items when no longer needed: 1. Detours and detour bridges that will accommodate traffic diverted from the roadway, street, bridge, sidewalk, pedestrian or bicycle path during construction, 2. Detour crossings of intersecting highways, streets, or roads, and 3. Temporary approaches. Giant Sandbag Removal - Rebid/Horn 1 - 22 June 4, 2012 Project Number. 12-3002 Unit contract prices will cover construction, maintenance, and removal of all detours shown in the plans or proposed by the City. The Contractor shall pay all costs to build, maintain, and remove any other detours, whether proposed for the Contractor's convenience or to facilitate construction operations. Any detour proposed by the Contractor shall not be built, or used, until the Engineer approves. Surfacing and paving of built detours shall be consistent with traffic requirements. Upon failure of the Contractor to Immediately provide, maintain, or remove detours or detour bridges when ordered to do so by the Engineer, the City may, without further notice to the Contractor or the Surety, provide, maintain, or remove the detours or detour bridges and deduct the costs from any payments due or coming due the Contractor. SECTION 1-07.23 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTIONS: 1-07.23(3) Temporary Street Closures Whenever the plans or Special Provisions require a temporary road closure, the costs for the associated work for that temporary road closure shall be paid for under the traffic control bid items contained within the contract proposal. Whenever the Contractor proposes a temporary road closure that would prevent traffic from passing through the work zone in order to expedite the Contractor's work, and that closure will result in either a time savings and/or cost savings as determined by the Engineer, the Contractor shall pay all costs associated with safely implementing that approved temporary road closure; i.e., regardless of the fact that the contract may include bid items for some or all of the work and materials required to implement this cost, or time saving Traffic Control Plan (TCP), all of the costs necessary for the preparation of the TCP, and for providing and implementing the traffic control devices and faggers, shown on the TCP approved by the City's Traffic Control Supervisor shall be at the Contractor's sole expense. At least ten days prior to beginning work on a temporary road closure, the Contractor will submit a TCP for that temporary road closure to the City for review and approval. Upon failure of the Contractor to immediately provide flaggers; erect, maintain, and remove signs; or to provide, erect, maintain other traffic control devices when shown on the approved TCP for the temporary road closure, or when ordered to do so by the Engineer, the City may, without further notice to the Contractor or the Surety, perform any of the above and deduct the costs from any payments due or coming due the Contractor. Giant Sandbag Removal - Rebid/Horn 1 - 23 June 4, 2012 Project Number 12-3002 1-07.23(4) Road Maintenance Until accepted in writing by the Engineer, the Contractor will maintain all roads within the confines of the project in a condition satisfactory to the Engineer. This shall include periodic grading of any street, detour, etc., on which traffic is allowed, wherever, in the opinion of the Engineer, such grading is required. When construction operations are such that debris from the work is deposited on the streets, the Contractor shall cover all loads, and as a minimum, remove on a daily basis, any deposits or debris which may accumulate on the roadway surface. Should daily removal be insufficient to keep the streets clean, the Contractor shall perform removal operations on a more frequent basis. If the Engineer determines that a more frequent cleaning is impractical or if the Contractor falls to keep the streets free from deposits and debris resulting from the work, the Contractor shall, upon order of the Engineer, provide facilities for and remove all clay or other deposits from the tires or between wheels before trucks or other equipment will be allowed to travel over paved streets. Should the Contractor fail or refuse to clean the streets in question or the trucks or equipment in question, the Engineer may order the work suspended at the Contractor's risk until compliance with the Contractor's obligation is assured or, the Engineer may order the streets in question cleaned by others and such costs incurred by the City in achieving compliance with these Contract requirements, including cleaning of the streets, shall be deducted from monies due or to become due the Contractor on monthly estimate. The Contractor shall have no claim for delay or additional costs should the Engineer choose to suspend the Contractor's work until compliance is achieved. All costs in connection with the above work, including labor, materials, tools and equipment, shall be considered as Incidental to the construction and payment thereof shall be included in the unit Contract price of other bid items. SECTION 1-07.24 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.24 Rights of Way Street right of way lines, limits of easements and limits of construction are Indicated or defined on the plans. The Contractor's construction activities shall be confined within these limits, unless arrangements for use of private property are made. The Contractor shall not proceed with any portion of the work in areas where right of way, easements or rights of entry have not been acquired until the Engineer certifies to the Contractor that the right of way or easement Is available or that the right of entry has been received. Giant Sandbag Removal - Rebid/Horn 1 - 24 June 4, 2012 Project Number 12-3002 SECTION 1-07.26 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.26 Personal Liability of Public Officers Neither the City, the Engineer, nor any other official, officer or employee of the City shall be personally liable for any acts or failure to act in connection with the contract, it being understood that, in these matters, they are acting solely as agents of the City. 1-08 PROSECUTION AND PROGRESS SECTION 1-08IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 1-08.0 Preconstruction Conference The Engineer will furnish the Contractor with up to 5 copies of the Contract documents. Additional documents may be purchased from the City at the price specified by the City or in the Invitation to Bid. Prior to undertaking each part of the work, the Contractor shall carefully study and compare the Contract Documents and check and verify all pertinent figures shown and all applicable field measurements. The Contractor shall promptly report in writing to the Engineer any conflict, error or discrepancy that the Contractor discovers. After the Contract has been executed, but prior to the Contractor beginning the work, a preconstructlon conference will be held with the Contractor, the Engineer and any other interested parties that the City determines to invite. The purpose of the preconstructlon conference will be: 1. To review the initial progress schedule. 2. To establish a working understanding among the various parties associated or affected by the work. 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc. 4. To verify normal working hours for the work. 5. To review safety standards and traffic control. 6. To discuss any other related items that may be pertinent to the work. The Contractor shall prepare and submit for approval, at or prior to the preconstructlon meeting the following: 1. A price breakdown of all lump sum items. 2. A preliminary construction schedule. 3. A list of material sources for approval, if applicable. 4. Schedule of submittals. (See 1-06.6(2)) 5. Request to sublet, for approval by the Engineer, of all subcontractors. Giant Sandbag Removal - Rebid/Horn 1 - 25 June 4, 2012 Project Number 12-3002 SECTION 1-08.4 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-08.4 Notice to Proceed, Prosecution and Hours of Work Notice to Proceed will be given after the contract has been executed and the contract bond and evidence of required insurance have been approved by and filed with the City. The Contractor shall not commence the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the Project Site within ten days of the Notice to Proceed Date. The Work thereafter shall be prosecuted diligently, vigorously, and without unauthorized interruption until physical completion of the work. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the Contract. Also reference Section 1-07.23(1) of the Kent Special Provisions. Except in the case of emergency or unless otherwise approved by the City, the normal straight time working hours for the Contractor shall be any consecutive 8 hour period between 7:00 a.m. and 10:00 p.m. Monday through Friday, unless otherwise specified in the Special Provisions, with a 5-day work week, plus allowing a maximum one-hour lunch break in each working day. The normal straight time 8-hour working period for the contract shall be established at the preconstruction conference or prior to the Contractor commencing work. If a Contractor desires to perform work on holidays, Saturdays, Sundays, or before 7:00 a.m. or after 10:00 p.m. on any day, the Contractor shall apply in writing to the Engineer for permission to work those times. The Contractor shall notify the Engineer at least 48 hours in advance (72 hours in advance for weekend work) so that the Inspector's time may be scheduled. Permission to work longer than an 8-hour period between 7:00 a.m. and 10:00 p.m. is not required. Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 7:00 a.m. on weekends or holidays may also be subject to noise control requirements. Approval to continue work during these hours may be revoked at any time the Contractor exceeds the City's noise control regulations or the city receives complaints from the public or adjoining property owners regarding noise from the Contractor's operations. The Contractor shall have no claim for damages or delays should this permission be revoked for these reasons. The Engineer may grant permission to work Saturdays, Sundays, holidays or other than the agreed upon normal straight time working hours, but may be subject to other conditions established by the City or Engineer. These conditions may include, but are not limited to the following: requiring the Engineer or those assistants that the Engineer deems necessary to be present during the work; requiring the Giant Sandbag Removal - Rebid/Horn 1 - 26 June 4, 2012 Project Number 12-3002 Contractor to reimburse the City for the cost of engineering salaries paid City employees who worked during these times; considering the work performed on Saturdays and holidays as working days with regard to the Contract Time. Assistants may include, but are not limited to, survey crews; personnel from the City's material testing lab; inspectors; and other City employees when, in the opinion of the Engineer, the Contractor's work necessitates their presence. Recognized holidays shall be as follows: First day of January, third Monday of January, third Monday of February, last Monday of May, fourth day of July, first Monday of September, 11th day of November, fourth Thursday in November and day immediately following, 25th day of December, and any day so designated by the Chief Executive of the State of Washington or by the City of Kent for their employees, as a legal holiday. When any of these holidays occur on Saturday or Sunday, the preceding Friday or the following Monday will be a legal holiday for the City of Kent Employees. 1-08.4(A) Reimbursement for Overtime Work of City Employees Where the Contractor elects to work on a Saturday, Sunday or other holiday, or longer than an 8-hour shift on a regular working day, as defined in the Special Provisions, such work shall be considered as overtime work. On all such overtime work an inspector shall be present, and a survey crew may be required at the discretion of the Engineer. The Contractor shall notify the Engineer at least 48 hours in advance (72 hours in advance for weekend work) so that the Inspector's and/or Surveyor's time may be scheduled. The Contractor shall reimburse the City for the full amount of the straight time plus overtime costs for employees of the City required to work overtime hours. The City may deduct these costs from any amounts due or to become due the Contractor. 1-08.4(B) General The City allocates its resources to a contract based on the total time allowed in the contract. The City will accept a progress schedule indicating an early physical completion date but cannot guarantee the City's resources will be available to meet the accelerated schedule. No additional compensation will be allowed if the Contractor is not able to meet their accelerated schedule due to the unavailability of City's resources or for other reasons beyond the City's control. The original and all supplemental progress schedules shall not conflict with any time and order-of-work requirements in the contract. If the Engineer deems that the original or any necessary supplemental progress schedule does not provide the information required in this section, the City may withhold progress payments until a schedule containing required information has been submitted by the Contractor and approved by the Engineer. Giant Sandbag Removal - Rebid/Horn 1 - 27 June 4, 2012 Project Number 12-3002 The Engineer's acceptance of any schedule shall not transfer any of the Contractor's responsibilities to the City. The Contractor alone shall remain responsible for adjusting forces, equipment, and work schedules to ensure completion of the work within the times specified in the contract. SECTION 1-08.5 IS REVISED BY DELETING PARAGRAPHS 2 THROUGH 6 AND REPLACING WITH THE FOLLOWING: 1-08.5 Time for Completion The City expects to approve the award of the contract to the lowest responsive, responsible bidder, or bidders at or prior to the regularly scheduled City Council meeting (see Section 1-03.3). Following the intent to award notice, the Contractor shall have ten (10) calendar days to provide all required insurance documents and other required submittals. After receipt of all proper documentation, the contract will then be awarded by the authorized City representative. Following the actual award, the City will schedule a preconstruction conference with the Contractor which is planned to occur no later than the estimated date for Issuance of Notice to Proceed (see Section 1-03.3). The Contract will be considered substantially complete when all giant sandbags, black sheet plastic and regular sandbags have been removed from along the Green River and removed off-site and levee trails and roadways are restored to meet City requirements. (Also see Section 1- 05.11(1)). SECTION 1-08.8 IS REVISED BY DELETING ITEMS 1 THROUGH 6 IN THE SECOND PARAGRAPH AND REPLACING WITH THE FOLLOWING: 1-08.8 Extensions of Time The Contractor shall submit any requests for time extensions to the Engineer in writing no later than 10 working days after the delay occurs. The request shall be limited to the change in the critical path of the Contractor's schedule attributable to the change or event giving rise to the request. To be considered by the Engineer, the request shall be in sufficient detail (as determined by the Engineer) to enable the Engineer to ascertain the basis and amount of the time requested. The Contractor shall be responsible for showing on the progress schedule that the change or event: (1) had a specific Impact on the critical path, and except in cases of concurrent delay, was the sole cause of such impact, and (2) could not have been avoided by resequencing of the work or other reasonable alternatives. The reasons for and times of extensions shall be determined by the Engineer, and such determination will be final as provided in Section 1- 05.1. Giant Sandbag Removal - Rebid/Horn 1 - 28 June 4, 2012 Project Number 12-3002 1-09 MEASUREMENT AND PAYMENT SECTION 1-09.2(1) IS REVISED BY REPLACING "TRUCKS AND TICKETS" WITH THE FOLLOWING: 1-09.2(1) General Requirements for Weighing Equipment Trucks and Tickets Each truck to be weighed shall bear a unique Identification number. This number shall be legible and in plain view of the scale operator. Each vehicle operator shall obtain a weigh or load ticket from the scale operator. The Contractor shall provide tickets for self printing scales. All tickets shall, at a minimum, contain the following information: 1. Ticket serial number (this is already imprinted on the tickets). j 2. Identification number of truck/truck trailer. 3. Date and hour of weighing. 4. Type of material. 5. Weight of load. The weighman shall record the gross weight and net weight, except where the scale has a tare beam and the net weight can be read directly. In such case, only net weight need be recorded on the ticket. 6. Weighman's identification. 7. Item number. 8. Contract number. 9. Unit of measure. 10. Legal gross weight in Remarks section. 11. Location of delivery. The vehicle operator shall deliver the ticket in legible condition to the material receiver at the material delivery point. SECTION 1-09.9(1) IS DELETED AND REPLACED WITH THE FOLLOWING: 1-09.9(1) Retained Percentage There will be reserved and retained from monies earned by the Contractor, as determined by the progress estimates approved and accepted by the City, a sum equal to five percent of all amounts of such estimates. Withholding, management, and release of such retained monies shall be in accordance with the provisions of Chapter 60.28, RCW. At the option of the Contractor, the retained funds shall be: 1. Retained in a fund by the City; 2. Deposited by the City in an interest bearing account in a bank, mutual savings bank, or savings and loan association. Interest on moneys reserved by the City under the provision of a public improvement contract shall be paid to the Contractor; Giant Sandbag Removal - Rebid/Horn 1 - 29 June 4, 2012 Project Number 12-3002 3. Placed in escrow with a bank or trust company by the City. When the moneys reserved are placed in escrow, the City shall issue a check representing the sum of the moneys reserved payable to the bank or trust company and the Contractor jointly. This check shall be converted into bonds and securities chosen by the Contractor and approved by the City and the bond and securities shall be held in escrow. Interest on the bonds and securities shall be paid to the Contractor as the interest accrues. The Contractor shall notify the Engineer regarding the option chosen for holding the retained funds as soon as possible after the Contract award, but at any rate within twenty calendar days from the date of issuance of the Notice to Proceed. If Contractor does not so notify the City, the Contractor shall be deemed to have made a final decision to place the monies retained in a fund by the City (Item (1) above). The Contractor in choosing option (2) or (3) agrees to assume full responsibility to pay all costs which may accrue from escrow services, brokerage charges or both, and further agrees to assume all risks in connection with the investment of the retained percentages in securities. The City may also, at its option, accept a bond for all or a portion of the Contractor's retainage. Release of retained percentage will be made sixty (60) days following the Completion date (pursuant to RCW 39.12, RCW 39.76, and RCW 60.28) provided the following conditions are met: 1. On contracts totaling more than $20,000.00, a release has been obtained from the Washington State Department of Revenue (RCW 60.28.051). 2. No claims, as provided by law, have been filed against the retained percentage. 3. Affidavit of Wages Paid is on file with the City for the Contractor and all Subcontractors regardless of tier (RCW 39.12.040). 4. Asbuilt plans have been submitted to owner if required under the contract. In the event claims are filed, the Contractor will be paid the retained percentage less an amount sufficient to pay any claims, together with a sum determined by the City sufficient to pay the cost of foreclosing on claims and to cover attorney's fees. Retainage will not be reduced for any reason below the minimum limit provided and allowed by law. Pursuant to Section 1-07.10, the Contractor is responsible for submitting to the State L&I a 'Request for Release" form in order for the City to obtain a release from that department with respect to the payments of industrial insurance medical aid premiums. The City will ensure the Washington State Employment Security Department is notified of contract completion in order to obtain releases from that department. Giant Sandbag Removal - Rebid/Horn 1 - 30 June 4, 2012 Project Number 12-3002 1-09.9(2) City's Right to Withhold Certain Amounts In addition to the amount that the City may otherwise retain under the Contract, the City may withhold a sufficient amount of any payments otherwise due to the Contractor, including nullifying the whole or part of any previous payment, because of subsequently discovered evidence or subsequent inspections that, in the City's judgment, may be necessary to cover the following: 1. The cost of defective work not remedied. 2. Fees incurred for material inspection, and overtime engineering and inspection for which the Contractor is obligated under this Contract. 3. Fees and charges of public authorities or municipalities. 4. Liquidated damages. 5. Engineering and inspection fees beyond completion date. SECTION 1-09.11(3) IS DELETED AND REPLACED WITH THE FOLLOWING: 1-09.11(3) Time Limitations and Jurisdiction This contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any claims or causes of action arising from this contract shall be exclusively in the Superior Court of King County, located in Kent, Washington. For convenience of the parties to this contract, it is mutually agreed that any claims or causes of action which the Contractor has against the City arising from this contract shall be brought within 180 days from the date of Final Acceptance of the contract by the City. The parties understand and agree that the Contractor's failure to bring suit within the time period provided shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when any claims or causes of action that a Contractor asserts against the City arising from this contract are filed with the City or initiated in court, the Contractor shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims or actions. SECTION 1-09.13 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-09.13 Final Decision and Appeal All disputes arising under this contract shall proceed pursuant to Section 1-04.5 and 1-09.11 of the Standard Specifications and any special provisions provided for in the contract for claims and resolution of disputes. The provisions of these sections and the special provisions must be complied with, in full, as a condition precedent to the Contractor's right to seek an appeal of the City's decision. The City's decision under Section 1-09.11 will be final and conclusive. Thereafter, Giant Sandbag Removal - Rebid/Horn 1 - 31 June 4, 2012 Project Number 12-3002 the exclusive means of Contractor's right to appeal shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Superior Court of King County, located in Kent, Washington, unless the parties agree in writing to an alternative dispute resolution process. 1-10 TEMPORARY TRAFFIC CONTROL SECTION 1-10.1 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 1-10.1 General The Contractor shall provide flaggers, signs, and other traffic control devices not otherwise specified as being furnished by the City. The Contractor shall erect and maintain all construction signs, warning signs, detour signs, and other traffic control devices necessary to warn and protect the public at all times from injury or damage as a result of the Contractor's operations which may occur on highways, roads, streets, sidewalks, or pedestrian or bicycle paths. No work shall be done on or adjacent to any traveled way until all necessary signs and traffic control devices are in place in accordance with Traffic Control Plans (TCP's) approved by the City's Transportation Engineering Specialist. The City's contact is Rob Knutsen, telephone number (253) 856- 5530. SECTION 1-10.2(i) IS DELETED AND REPLACED WITH THE FOLLOWING: 1-10.2(1) General It is the Contractor's responsibility to plan, conduct and safely perform the work. The Contractor shall designate an individual or individuals to perform the duties of Traffic Control Manager (TCM). The TCM must be an employee of the Contractor. The duties of the TCM may not be subcontracted. The Contractor shall also designate an individual or individuals to perform the duties of the Traffic Control Supervisor (TCS). The TCS shall be responsible for safe implementation of approved Traffic Control Plans (TCP's) provided by the TCM. The TCM and TCS shall be certified as work site traffic control supervisors by one of the following: Evergreen Safety Council 401 Pontius Avenue North Seattle, WA 98109 1 (800) 521-0778 or (206) 382-4090 Giant Sandbag Removal - Rebid/Horn 1 - 32 June 4, 2012 Project Number. 12-3002 The Northwest Laborers-Employers Training Trust 27055 Ohio Avenue Kingston, WA 98346 (360) 297-3035 A TCM and TCS are required on all projects that have traffic control. The TCM may also perform the duties of the TCS. The Contractor shall identify an alternate TCM and TCS who can assume the duties of the assigned or primary TCM and TCS in the event of that person's inability to perform. Such alternates shall meet the same requirements as the primary TCM and TCS. The Contractor shall maintain 24-hour telephone numbers at which the TCM and TCS can be contacted and be available upon the Engineer's request at other than normal working hours. The TCM and TCS shall have the appropriate personnel equipment - including two-way radios for communications with flaggers - and material available at all times, in order to expeditiously correct any deficiency in the traffic control system. SECTION 1-10.2(1)A IS DELETED AND REPLACED WITH THE FOLLOWING: 1-10.2(1)A Traffic Control Manager The duties of the Traffic Control Manager (TCM) shall include: 1. Overseeing and approving the actions of the Traffic Control Supervisor (TCS) to ensure that proper safety and traffic control measures are implemented and consistent with the specific requirements created by the Contractor's work zones and the Contract. 2. Providing the Contractor's designated TCS with approved Traffic Control Plans (TCP's) which are compatible with the work operations and traffic control for which they will be implemented. 3. Discussing proposed traffic control measures and coordinating implementation of the approved TCP's with the Engineer. 4. Coordinating all traffic control operations, including those of subcontractors, suppliers, and any adjacent construction or maintenance operations. 5. Coordinating the project's activities (such as ramp closures, road closures, and lane closures) with appropriate police, fire control agencies, state, city or county engineering, medical emergency agencies, school districts, and transit companies. 6. Overseeing all requirements of the contract which contribute to the convenience, safety, and orderly movement of vehicular, pedestrian and bicyclist traffic. 7. Having the latest adopted edition of the MUTCD including the Modifications to the MUTCD for Streets and Highways for the State of Washington, City of Kent Development Assistance Brochure #6- 5, Traffic Control Plans, and applicable standards and specifications available at all times on the project. Giant Sandbag Removal - Rebid/Horn 1 - 33 June 4, 2012 Project Number 12-3002 8. Attending all project meetings where traffic management is discussed. 9. Reviewing the TCS diaries daily and being aware of"field" traffic control operations. 10. Assuring daily submissions of previous day's TCS diaries, Indicating date of TCM review, to City's TCS. 11. Being present on-site a sufficient amount of time to adequately accomplish the above-listed duties. SECTION 1-10.2(1)B IS DELETED AND REPLACED WITH THE FOLLOWING: 1-10.2(1)B Traffic Control Supervisor A Traffic Control Supervisor (TCS) shall be on the project whenever traffic control labor is required, and whenever required by the Engineer. The TCS shall personally perform all the duties of the TCS. During non- work periods, the TCS shall be available to the job site within a 45- minute time period after notification by the Engineer. The TCS's duties shall include: 1. Inspecting traffic control devices and night time lighting for proper location, installation, message, cleanliness, and effect on the traveling public. Traffic control devices shall be Inspected each work shift except that Class A signs and night time lighting need to be checked only once a week. Traffic control devices left in place for 24 hours or more also need to be Inspected once during the non-working hours when they are initially set up (during daylight or darkness, whichever is opposite of the working hours). 2. Preparing a daily traffic control diary on DOT Forms 421-040A and 421-040B, which shall be submitted to the Engineer no later than the end of the next working day to become a part of the project records. The Contractor may use their own form if it is approved by the Engineer. Include in the diary such items as: a. When signs and traffic control devices are installed and removed, b. Location and condition of signs and traffic control devices, C. Minor revisions to the approved Traffic Control Plan (TCP), d. Lighting utilized at night, and e. Observations of traffic conditions. 3. Ensuring that corrections are made if traffic control devices are not functioning as required. The TCS may make minor revisions to the approved TCP to accommodate site conditions as long as the original intent of the traffic control plan is maintained and the revision has concurrence of the TCM and the City TCS. 4. Attending traffic control coordinating meetings or coordination activities as authorized by the Engineer. 5. Ensuring that all needed traffic control devices are available and in good working condition prior to the need to install those devices. Giant Sandbag Removal - Rebid/Horn 1 - 34 June 4, 2012 Project Number 12-3002 6. Having a current set of approved TCP's and applicable contract provisions as provided by the TCM and the latest adopted edition of the MUTCD including the Modifications to the MUTCD for Streets and Highways for the State of Washington, City of Kent Development Assistance Brochure #6-5, Traffic Control Plans, and applicable standards and specifications. The TCS may perform the work described by "Traffic Control Labor" as long as the duties of the TCS are accomplished, and the TCS has possession of a current flagging card. An ANSI Type II retro-reflective vest and a hard hat shall be worn by the TCS whenever they are on the project. SECTION 1-10.2(2) IS DELETED AND REPLACED WITH THE FOLLOWING: 1-10.2(2) Traffic Control Plans (TCP's) The Traffic Control Plan (TCP) or Traffic Control Plans (TCP's) appearing in the contract plans show a method of handling traffic. All flaggers are to be shown on the Traffic Control Plan (TCP) except for emergency situations. If the Contractor's methods differ from the contract TCP's, the Contractor shall propose modification of the TCP's by submitting supplemental TCP's showing the necessary construction signs, flaggers, and other traffic control devices required for the project to the City's Traffic Control Supervisor (TCS) for review and approval. The Contractor's supplemental TCP's shall be In accordance with the established standards for plan development as shown in the MUTCD, Part VI, including Washington State Modifications to the MUTCD, WSDOT publication M 24-01, and the more stringent requirements of City of Kent Development Assistance Brochure #6-5, Traffic Control Plans. The Contractor's supplemental TCP's shall be submitted to the City's TCS for review and approval at least ten calendar days in advance of the time the signs and other traffic control devices will be required. The Contractor shall be solely responsible for providing copies of the approved TCP's to the Traffic Control Supervisor (TCS). THE FIRST PARAGRAPH OF SECTION 1-10.2(3) IS DELETED AND REPLACED WITH THE FOLLOWING: 1-10.2(3) Conformance to Established Standards Traffic Control Plans (TCP's), flagging, signs, and all other traffic control devices furnished or provided by the Contractor shall conform to the standards established in the latest approved edition of the Manual on Uniform Traffic Control Devices (MUTCD) adopted by the Washington State Department of Transportation (WSDOT), and published by the U.S. Department of Transportation; and the Washington State Modifications to the MUTCD, publication M 24-01 published by WSDOT, except as modified by the more stringent requirements contained within the City of Kent Development Assistance Brochure #6-5, Traffic Control Plans. Copies of the MUTCD may be purchased from the Giant Sandbag Removal - Rebid/Horn 1 - 35 June 4, 2012 Project Number 12-3002 Superintendent of Documents, U.S. Government Printing Office, Washington, DC, 20402. Washington State Modifications to the MUTCD, publication M 24-01, may be obtained from the Department of Transportation, Olympia, Washington 98504. City of Kent Development Assistance Brochure #6-5, Traffic Control Plans, may be obtained from the City of Kent Public Works Department. When these publications appear to be in conflict, the decision of the City's Traffic Control Supervisor (TCS) shall be final THE LAST TWO SENTENCES IN THE FOURTH PARAGRAPH OF SECTION 1- 10.2(3) ARE DELETED AND REPLACED WITH THE FOLLOWING. When the Contractor obtains new traffic control devices or equipment subject to the requirements of NCHRP 350 Category 2, the Contractor will first provide to the City verification that such new traffic control devices or equipment have been certified NCHRP 350 compliant. THE LAST SENTENCE OF THE LAST PARAGRAPH IN SECTION 1-10.2(3) IS DELETED AND REPLACED WITH THE FOLLOWING: When a sign or traffic control device becomes classified less than "acceptable" it shall be left in place until replaced with an acceptable sign or traffic control device. The replacement must occur within 12 hours, and only then will that traffic control device be removed from the project. SECTION 1-10.3(1) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 1-10.3(1) Traffic Control Labor Flaggers shall be equipped with portable two-way radios, with a range suitable for the project. The radios will be capable of having direct contact with the Traffic Control Manager, Traffic Control Supervisor, and project management (foremen, superintendents, etc.). The hours eligible for "Traffic Control Labor" will be those hours actually used for the previously described work. Any work described under Section 1-10.2(1)B performed by a Traffic Control Supervisor (TCS) will be paid for as "Traffic Control Labor" per hour. 1-10.3(3) Traffic Control Devices SECTION 1-10.3(3)A IS DELETED AND REPLACED WITH THE FOLLOWING: 1-10.3(3)A Construction Signs All signs required by the Traffic Control Plans (TCP's) approved by the City, as well as any other appropriate signs prescribed by the Engineer shall be furnished by the Contractor. The Contractor shall provide the posts or supports and erect and maintain the signs in a clean, neat, and presentable condition until the necessity for them has ceased. All non- applicable signs shall be removed or completely covered with metal, Giant Sandbag Removal - Rebid/Horn 1 - 36 June 4, 2012 Project Number 12-3002 plywood, or an Engineer approved product specifically manufactured for sign covering during periods when they are not needed. When the need for these signs has ceased, the Contractor, upon approval of the Engineer, shall remove all signs, posts, and supports from the project and they shall remain the property of the Contractor. All orange background construction signs shall utilize materials and be fabricated in accordance with Section 9-28. All orange background construction signs shall be fabricated with Type IV or Type VII fluorescent orange sign sheeting. All post mounted signs with Type IV or VII sheeting shall use a nylon washer between the twist fasteners (screw heads, bolts, or nuts) and the reflective sheeting. Construction signs will be divided into two classes. Class A construction signs are those signs that remain in service throughout the construction or during a major phase of the work. They are mounted on posts, existing fixed structures, or substantial supports of a semi-permanent nature. Sign and support installation for Class A signs shall be in accordance with the contract plans or the Standard Plans. Class B construction signs are those signs that are placed and removed daily, or are used for short durations which may extend for one or more days. They are mounted on portable or temporary mountings. In the event of disputes, the Engineer will determine if a construction sign is considered as a Class A or B construction sign. If it is necessary to add weight to signs for stability, only a bag of sand that will rupture on impact shall be used. The bag of sand shall: (1) be furnished by the Contractor, (2) have a maximum weight of 40 pounds, and (3) be suspended no more than 1 foot from the ground. Payment for setup and take down of Class B signs will be under the contract price for "Traffic Control Labor" and will be limited to the work described in Section 1-10.3(1), and for transportation described in Section 1-10.3(2) when there is a contract price for "Traffic Control Vehicle." Signs, posts, or supports that are lost, stolen, damaged, destroyed, or which the Engineer deems to be unacceptable while their use is required on the project, shall be promptly replaced by the Contractor without additional compensation. SECTION 1-10.3(3)B IS DELETED AND REPLACED WITH THE FOLLOWING: 1-10.3(3)B Sequential Arrow Signs (SAS) When an approved Traffic Control Plan (TCP) includes the Sequential Arrow Signs (SAS) traffic control device, that SAS will meet the requirements of the MUTCD and the following: 1. The SAS shall have the following three mode selections: Giant Sandbag Removal - Rebid/Horn 1 - 37 June 4, 2012 Project Number 12-3002 a. Flashing Arrow, Sequential Arrow, or Sequential Chevron mode; and b. A flashing Double Arrow mode; and C. A flashing Caution mode. 2. The panel display for the SAS shall be 96 inches by 48 inches in size, unless otherwise specified on the TCP approved by the City's Traffic Control Supervisor. 3. Arrow panel elements shall be capable of at least a 50 percent dimming from full brilliance. The dimmed mode shall be used for night time operation of sequential arrow panels. 4. All sequential arrow panels shall be finished in non-reflective black. 5. The sequential arrow panel shall be mounted on a vehicle, a trailer, or other suitable device. 6. The color of the light emitted shall be yellow. 7. The power source for the sign shall be capable of operating the lamps at their optimum light level for the entire period of operation. The power generating equipment for the SAS must not exceed the maximum permissible environmental noise levels of the City of Kent Noise Ordinance, Chapter 8-05 KCC, when measured at a distance of 20 feet. 8. A control panel, using solid state circuitry, shall be enclosed in a ventilated, vandal-resistant box. A photometric control, with manual override, shall automatically dim the lights during hours of darkness. The location and use of the SAS will meet the following guidelines: 1. When SAS's are used to close multiple lanes, a separate SAS shall be used for each lane closure. A single SAS shall not be used to shift traffic laterally more than one lane. 2. When prevailing speeds through the work zone exceed 40 mph, the SAS must be protected by crashworthy barriers, or shielded with impact attenuators or crash cushions meeting the requirements of NCHRP 350. SECTION 1-10.3(3)E IS SUPPLEMENTED BY ADDING THE FOLLOWING: 1-10.3(3)E Traffic Safety Drums Traffic safety drums shall be manufactured specifically for traffic control purposes, and shall be fabricated from low density polyethylene that maintains its integrity upon impact. The drums shall be of the following general specifications: Overall Height: 36 inches minimum Overall Width: 18 inch minimum in the direction(s) of traffic flow. If the front to back dimension is less than 18 inches, only those drums specifically approved by the Engineer will be permitted. Shape: Rectangular, hexagonal, circular, or flat-sided semi-circular. Giant Sandbag Removal - Rebid/Horn 1 - 38 June 4, 2012 Project Number 12-3002 Color: The base color of the drum shall be fade resistant safety orange. Reflective Stripes: The exterior vertical surface shall have at least two orange and two white circumferential stripes. Each stripe shall be 4 to 6 Inches wide and shall be reflectorized. If there are non-reflectorized spaces between the horizontal orange and white stripes they shall be no more than 2 inches wide. Reflective stripes shall be 3-M flexible 3810, Reflexite PC 1000, 3-M Diamond Grade, or Avery Dennison W- 6100. The traffic safety drums shall be designed to accommodate at least one portable light unit. The method of attachment shall ensure that the light does not separate from the drum upon impact, and shall meet the requirements of NCHRP 350 as certified by the manufacturer of the device. The Contractor shall obtain the manufacturer's certification documentation for all such devices purchased and shall keep the documentation available for inspection throughout the life of the project. When recommended by the manufacturer, drums shall be treated to ensure proper adhesion of the reflective sheeting. If approved by the Engineer, used drums with new reflective sheeting may be used, provided all drums used on the project are of essentially the same configuration. The drums shall be designed to resist overturning by means of a weighted lower unit that will separate from the drum when impacted by a vehicle. The lower unit shall be a maximum of 4 inches high and shall be designed to completely enclose the ballast. The lower unit, with ballast, shall have a minimum weight of 10 pounds and maximum weight of 50 pounds. The base shall be designed to resist movement or creeping from wind gusts or other external forces. The drums shall be designed to resist rolling if overturned. Drums shall be regularly maintained to ensure that they are clean and that the drum and reflective material are in good condition. If the Engineer determines that a drum has been damaged beyond use, or provides inadequate reflectivity, a new drum shall be furnished. When no longer required, as determined by the Engineer, the drums shall remain the property of the Contractor and shall be removed from the project. SECTION 1-10.4 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-10.4 Measurement No unit of measure will apply to the position of Traffic Control Manager (TCM) and it will be considered incidental to unit contract prices. When the TCM performs the duties of Traffic Control Supervisor (TCS), measurement and payment will be as specified for the TCS. Giant Sandbag Removal - Rebid/Horn 1 - 39 June 4, 2012 Project Number 12-3002 Traffic Control Supervisor (TCS) will be measured for each hour a person is actually performing the duties described in Section 1-10.2(1)B as authorized by the Engineer. Portions of an hour will be rounded up to a whole hour. A minimum of 4 hours will be paid when the Engineer authorizes the TCS to be on the job site during non-working shifts. Traffic Control Labor will be measured by the hour for each hour a person is actually performing the work described by Section 1-10.2(1) B, and Section 1-10.3(1) of the specifications. Eligible hours for Traffic Control Labor under this Item shall be limited to the hours the worker is actually performing the work as documented by the Contractor's TCM, City Inspector's records, and upon the Contractor's Certified Payroll Records submitted to the City Inspector. Portions of an hour will be rounded up to a whole hour. Class A Construction Signs will be measured by the square foot of panel area. A Class A Construction Sign may be used in more than one location and will be measured for payment for each new installation. Class B construction signs will not be measured for payment. Sign posts or supports will not be measured for payment. No specific unit of measurement will apply to the lump sum item of Temporary Traffic Control Devices. Where Traffic Safety Drums are specifically shown on a Traffic Control Plan (TCP) approved by the City's Traffic Control Supervisor (TCS), traffic safety drums will be measured per each, for the maximum number of drums in place at any one time plus the number of drums replaced due to damage by traffic. Traffic Safety Drums will be measured per each. The final pay quantity for Traffic Safety Drums will be the maximum number of barricades in place at any one time, plus the number of drums replaced due to damage by traffic. No measurement will be made for warning lights. When the approved Traffic Control Plan (TCP) requires that signs be installed on the Type III barricade, the signs will be considered part of the project traffic control and will be measured by the square foot as a Class A construction sign, except when the sign is relocated in conjunction with the relocation of the Type III barricade, no additional measurement will be made for the Class A construction sign. SECTION 1-10.5 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-10.5 Payment Payment will be made in accordance with Section 1-04.1, for the following bid items when they are included in the Proposal: Giant Sandbag Removal - Rebid/Horn 1 - 40 June 4, 2012 Project Number 12-3002 The unit contract price for "Traffic Control Labor" per hour shall be full pay for all costs for the labor provided for performing those construction operations described in Section 1-10.2(1)B, and Section 1- 10.3(1) of the Special Provisions, and as authorized by the Engineer. The hours eligible for "Traffic Control Labor" shall be limited to the hours the worker is actually performing the work as documented by traffic control forms provided by the Contractor's TCM, and verified by the City Inspector's records, and the Contractor's Certified Payroll Records submitted to the City Inspector on a weekly basis. The unit contract price for "Construction Signs Class A" per square foot of panel area shall be full pay for all costs for performing the work described in Section 1-10.3(3) and Section 1-10.3(4). This payment will include all labor, equipment, and vehicles necessary for the initial acquisition, the initial installation of Class A signs, and ultimate return of any City-furnished signs. Payment will not be made for Class A signs delivered to, or removed from the project without the approval of the City's Traffic Control Supervisor. The unit contract price for "Traffic Control Supervisor" per hour shall be full pay for each hour a person performs the Traffic Control Supervisor duties described in Section 1-10.2(1)B. Payment for traffic control labor performed by the Traffic Control Supervisor will be paid under the item for "Traffic Control Labor". The lump sum contract price for "Temporary Traffic Control Devices" shall be full pay for providing the work described in Section 1-10.3(5). Progress payment for the lump sum item "Temporary Traffic Control Devices" will be made as follows: 1. When the initial temporary traffic control devices are set up, 50 percent of the amount bid for the item will be paid. 2. Payment for the remaining 50 percent of the amount bid for the item will be paid on a prorated basis in accordance with the total job progress as determined by progress payments. When the proposal does not include a bid item for a specific bid item listed in the Standard Specifications and/or the Special Provisions, all costs for the work described for those traffic control bid items shall be included by the Contractor in the unit contract prices for the various other bid items contained within the proposal. The Contractor shall estimate these costs based on the Contractor's contemplated work procedures. When traffic control bid items are included in the bid proposal, payment is limited to the following work areas: 1. The entire construction area under contract and for a distance to include the initial warning signs for the beginning of the project and the END OF CONSTRUCTION sign. Any warning signs for side streets on the approved TCP are also included. If the project Giant Sandbag Removal - Rebid/Horn 1 - 41 June 4, 2012 Project Number 12-3002 consists of two or more sections, the limits will apply to each section individually. 2. A detour provided in the plans or approved by the City's Traffic Control Supervisor for by-passing all or any portion of the construction, irrespective of whether or not the termini of the detour are within the limits of the Contract. No payment will be made to the Contractor for traffic control items required in connection with the movement of equipment or the hauling of materials outside of the limits of 1 and 2 above, or for temporary road closures subject to the provisions of Section 1-07.23(3) of the Special Provisions. Giant Sandbag Removal - Rebid/Horn 1 - 42 June 4, 2012 Project Number 12-3002 DIVISION 2 - EARTHWORK 2-01 CLEARING. GRUBBING, AND ROADSIDE CLEANUP SECTION 2-01.1 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 2-01.1 Description This work also consists of removing and disposing of trash and debris found In the area the fill material will be placed. 2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS SECTION 2-02.1 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 2-02.1 Description This work also includes the repair of adjacent improvements that were not designated for removal, but that were damaged by the Contractor's operations. SECTION 2-02.3 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 2-02.3 Construction Requirements The City has Identified the following materials that are marked for removal, but that will be salvaged as part of this project: 1. All signs The salvaged materials listed above shall be removed, hauled and stored at the following site: Tom Rusbuldt - (253) 856-5673 Kent Maintenance Facility 5821 S. 240th St. (aka W. James St.) All wood posts will be the property of the Contractor. All improvements that are not designated for removal, but that are damaged by the Contractor's operations shall be replaced, restored, or repaired at the Contractor's sole expense. The Engineer's determination regarding what replacement, restoration, or repair must be made by the Contractor to repair damage caused by the Contractor's removal operations Is final. SECTION 2-02.5 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 2-02.5 Payment Payment will be made in accordance with Section 1-04.1, for the following bid items when they are included in the Proposal: Giant Sandbag Removal - Rebid/Horn 2 - 1 June 4, 2012 Project Number 12-3002 The unit contract price per square yard for"Remove Existing Asphalt Concrete Pavement" constitutes complete compensation for all labor, materials, tools, supplies and equipment required to remove existing asphalt from sidewalk for a depth of 3 Inches, and from roads for a depth of 6 Inches. Included in this price is the cost of hauling and disposal of the asphalt pavement. Should the Contractor encounter pavement to be removed which is thicker than 6 Inches it shall be paid according to the following formula: (Encountered thickness - 6 Inches) x unit bid pace =6 inches additional compensation For example, if the Contractor encounters pavement to be removed which is 8 Inches thick and Its unit bid price was $2.00/SY then Its additional compensation for the extra thickness would be: (8 - 6) x $2.006 = $0.67/SY in addition to the unit price. No other compensation shall be allowed. The unit price contract price per lineal foot for "Saw Cut Existing Asphalt Concrete Pavement" constitutes complete compensation for all materials, labor and equipment required to saw cut existing pavement to a depth of 6 inches in accordance with the plans and specifications. Should the Contractor encounter pavement to be removed which is thicker than 6 inches, it shall be paid according to the following formula: (Encountered thickness - 6 inches) x unit bid price = additional 6 inches compensation For example, if the Contractor encounters pavement to be removed which is 8 inches thick and its unit bid price was $2.00/1-F then its additional compensation for the extra thickness would be: (8 - 6) x $2.006 = $0.67/LF in addition to the unit bid price. No other compensation shall be allowed. The unit contract price per 15' unit for "HESCO (F4315) Barrier- Removal, Cleaning and Delivery to Storage" constitutes complete compensation for furnishing all labor, materials, tools, supplies and equipment necessary to empty, haul and dispose of the fill material used to fill the HESCO Barriers, as well as the removal, cleaning, folding, stacking, and wrapping of the units on Hawley Road, from Washington Avenue to the southern terminus of the existing HESCO Barriers (approximately 1755 lineal feet), and their delivery to Army Corps of Engineers (ACOE) storage, as directed by the Engineer. Giant Sandbag Removal - Rebid/Horn 2 - 2 June 4, 2012 Project Number 12-3002 Included in this unit cost is the cleaning/drying (removal of all fill material from the surface of the polypropylene liner that forms each unit cell), the Inspection and acceptance by a representative of the ACOE of the unit, the folding to their 4'x3' pre-Installation size, the stacking of 6 units (90 lineal feet) per pallet, banded with strapping (not plastic wrap) in both directions, and the delivery of the ACOE accepted, undamaged barrier units on the pallets to the ACOE warehouse located at 6335 1't Ave. S., Seattle, WA. 98134. The contractor shall include the pins that are used to connect the existing units together, with the accepted, folded units on the pallets. The removal of the units shall occur where shown on the plans or directed by the Engineer. The unit contract price per 15' unit for "HESCO (F4315) Barrier- Removal and Disposal' constitutes complete compensation for furnishing all labor, materials, tools, supplies and equipment necessary to remove from the roadway of Hawley Road, (from Washington Avenue to the southern terminus of the existing HESCO Barriers), approximately 1755 lineal feet, those units and their contents for disposal or recycle at an approved location offsite, by the contractor, or as directed by the Engineer. 2-03 ROADWAY EXCAVATION AND EMBANKMENT SECTION 2-03.3(7)C IS SUPPLEMENTED BY ADDING THE FOLLOWING: 2-03.3(7)C Contractor-Provided Disposal Site The Contractor shall make the necessary ararngements to remove the giant sandbags material to an approved off-site facility. The Contractor is responsible for determining which permits are required for the selected disposal site of his choosing. Within the City of Kent, wetlands are identified by using the Corps of Engineers Wetlands Delineation Manual dated January 1987. SECTION 2-03.3(14)D IS SUPPLEMENTED BY ADDING THE FOLLOWING: 2-03.3(14)D Compaction and Moisture Control Tests Maximum density will be determined by the Modified Proctor Method ASTM D-1557. All compaction tests if required will be performed by the City. Giant Sandbag Removal - Rebid/Horn 2 - 3 June 4, 2012 Project Number 12-3002 DIVISION 2 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION; 2-05 GIANT SANDBAG REMOVAL 2-05.1 Description This work shall include the removal and disposal of the existing filled, giant sandbags and standard sandbags from their locations along the bank of the Green River where shown on the plans or directed by the Engineer. Included with the removal shall be the black sheet plastic used to wrap the giant sandbags, as well as the individual small sandbags used to hold the black sheet plastic in place. The Contractor shall utilize rubber tired or rubber tracked equipment to remove the filled bags from along the Green River, to minimize damage to the Green River Trail. Those giant sandbags located between approximate river mile 20.5 (west property line of the Golf driving range at the river) to river mile 21.7 (Russell Road and S. 240th Street intersection) will be removed from the levee, but not be disposed of offsite. The Contractor shall remove the bags from the levee and spread the bag's contents in wind- rows along the golf course side of the levee toe. This material will not need to be graded or hydroseeded by the Contractor once placed in wind-rows. Where the existing chain link fencing is located, the Contractor shall lift the bags over the fence, and pile the contents along the ground on the golf course side of the fence. This process will be done so not to interfere with the operations of the golf course. Repair costs for any damage done to the fencing during the bag removal and spreading will be the sole responsiblity of the Contractor. Bags adjacent to the existing fencing that fail and are unable to be lifted over the fence to spread, will have the contents collected and taken off-site. All empty giant sandbags, black sheet plastic used to cover the giant bags, and the empty standard sandbags, whether generated by the Contractor's actions or piled along the Green River, within the limits of this contract, will become the property of the Contractor. They are to be removed daily from the sites and disposed of, or recycled, at an approved disposal site by the Contractor. All giant sandbags, except those within the Golf Course as noted, are to be removed by the Contractor, transported to a permitted site of his/her choosing, and disposed of. 2-05.4 Measurement Measurement shall be per each unit giant sandbag removed from the top of the Green River levee and the removal offsite for disposal of the bag material. Removal and disposal of all sheet plastic lining and standard sandbags will be incidental to the giant sandbag removal. Giant Sandbag Removal - Rebid/Horn 2 - 4 June 4, 2012 Project Number 12-3002 2-05.5 Payment Payment will be made in accordance with Section 1-04.1, for the following bid Item included in the Proposal: The unit contract price per each for "Remove and Dispose of Existing Giant Sandbags" constitutes complete compensation for furnishing all labor, materials, tools, supplies, and equipment necessary for the removal, hauling offsite to an approved site of all material contained within the bags. Included will be the disposal of the empty bags, the black sheet plastic and the standard size sandbags. The unit contract price per each for "Remove Existing Giant Sandbags and Empty Onsite" constitutes complete compensation for furnishing all labor, materials, tools, supplies, and equipment necessary for the removal of the sandbags from the levee, hauling, and emptying of the material contained within the bags on the Golf Course as noted, per the plans and specifications or as directed by the Engineer. Included will be the disposal of the empty bags, the black sheet plastic and the standard size sandbags. 2-06 SUBGRADE PREPARATION SECTION 2-06.3(I) ITEM 6 IS DELETED AND REPLACED WITH THE FOLLOWING: 2-06.3(1) Subgrade for Surfacing 6. The prepared subgrade shall be compacted in the top 0.50 foot to 95 percent of maximum dry density per ASTM D-1557 for a cut section. Fill sections shall be prepared in accordance with the Standard Specification Section 2-03.3(14)C, Method B except ASTM D-1557 shall determine the maximum density. SECTION 2-06.S IS SUPPLEMENTED BY ADDING THE FOLLOWING: 2-06.5 Measurement and Payment The cost for work required for compaction of the subgrade shall be included by the Contractor in the unit contract price of other bid items. DIVISION 2 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 2-08 REMOVAL OF ECOLOGY BLOCKS 2-08.1 Description This work shall include the removal, hauling, and stacking placement of ecology blocks currently installed in and around the City of Kent Municipal Court complex at 1220 Central Avenue S. (see map in Appendix 7). Giant Sandbag Removal - Rebid/Horn 2 - 5 June 4, 2012 Project Number 12-3002 2-08.3 Construction Requirements The Contractor shall remove all visible ecology blocks from the site in such a manner so as not to disrupt or disturb the function and operations of the Municipal Court complex. The concrete caps and end forms used to connect and attach the ecology blocks, are to be removed with the blocks but will be the property of the Contractor for disposal or recycling. Only the ecology blocks are to be taken and stacked to the City of Kent's vactor spoils site at 6400 S. 226t" Street, Kent (see map in Appendix 7), for placement as shown or directed by the Engineer. Removal of the concrete blocks shall be done with rubber tired or rubber tracked equipment to minimize damage to existing sidewalks and paved areas at the Kent Municipal Court. Blocks within the areas marked with an "A" in Appendix 7 may be completed during the week. Blocks within the areas marked with an "X" in Appendix 7 may be completed only during the weekend to avoid impacts to court house access noted on the map in Appendix 7. A concrete foundation may have been placed under the blocks within landscaping areas. Contractor shall also remove and dispose of, or recycle, concrete foundations If present and any loose concrete. Contractor shall backfill with topsoil to match the surrounding grade. Contractor shall notify City of Kent Crew Lead John Aldridge (253-275- 7636) or Luke Larson (253-275-7637) seven (7) days prior to commencing block removal at the court house to coordinate removal of the blocks. Care shall be taken to avoid damage to existing landscaping. Repair costs for any damage done to the landscaping or concrete sidewalks and walkways will be the sole responsibility of the Contractor. 2-08.4 Measurement Removal will be paid on a lump sum basis. 2-08.5 Payment Payment will be made in accordance with Section 1-04.1 for the following bid item when it Is included In the proposal. The unit contract price per lump sum for "Removal of Ecology Blocks" constitutes complete compensation for furnishing all labor, materials, tools, supplies, and equipment necessary to disassemble the existing block walls, hauling of the blocks, and restack of the block where shown on the map or as directed by the Engineer. Included will be the disposal of the concrete caps and end forms by the Contractor, and any minor regrading of the ground ad]acent to the wall. Giant Sandbag Removal - Rebid/Horn 2 - 6 June 4, 2012 Project Number 12-3002 DIVISION 4 - BASES 4-04 BALLAST AND CRUSHED SURFACING 4-04.3 Construction Requirements SECTION 4-04,3(2) IS SUPPLEMENTED BY ADDING FOLLOWING: 4-04.3(2) Subgrade The Contractor is responsible for any delays or costs incurred as a result of placing ballast or surface materials before approval is received from the Engineer. SECTION 4-04,3(5) IS DELETED AND REPLACED WITH THE FOLLOWING: 4-04.3(5) Shaping and Compaction Surfacing shall be compacted in depths not to exceed 6 inches except top course shall not exceed Z Inches unless otherwise directed. Density shall be at least 95 percent of maximum density per ASTM D-1557 using a nuclear gauge. Compaction of each layer must be approved by the Engineer before the next succeeding layer of surfacing or pavement is placed thereon. SECTION 4-04.3(7) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 4-04.3(7) Miscellaneous Requirements The Contractor is solely responsible for any delays or additional costs Incurred as a result of placing ballast or succeeding courses of surfacing materials before approval to proceed is received from the Engineer. SECTION 4-04.5 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 4-04.5 Payment The unit contract price per ton for "Crushed Surfacing Too Course, 5/8 Inch Minus" constitutes complete compensation for furnishing all labor, materials, tools, supplies, and equipment necessary to haul, place, finish grade, and compact the material as shown on the plans, described in the specifications, or required by the Engineer. These items shall also be used for roadway or driveway remedial work or patching as requested by the Engineer. Giant Sandbag Removal - Rebid/Horn 4 - 1 June 4, 2012 Project Number 12-3002 DIVISION 5 - SURFACE TREATMENTS AND PAVEMENTS NOTE: If the contract also includes underground utility construction, permanent surface treatments and pavements shall not be placed until an as-built survey and testing of the new underground utilities have been completed. Verification that utility construction conforms to the line and grade requirements of Section 7-08.3(2)B of the Standard Specifications shall be made by the Engineer prior to authorizing paving to begin. Also, each new utility must pass all appropriate tests specified herein for the type of utility prior to paving. 5-02 BITUMINOUS SURFACE TREATMENT SECTION 5-02.5 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 5-02.5 Payment �I Anti-stripping additive shall be included in the price of asphalt (grade) per ton. The quantity of asphalt material shall not be reduced by the quantity of anti-stripping additive. 5-04 HOT MIX ASPHALT SECTION 5-04.2 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 5-04.2 Materials Recycled materials for the pavement sections shall not be allowed. SECTION 5-04.3(7)A IS SUPPLEMENTED BY ADDING THE FOLLOWING: 5-04.3(7)A Mix Design The City of Kent at its option may approve a current WSDOT approved HMA mix design, Class 1/2" PG 64-22 in place of performing a mix design, provided, however, that such mix design shall include a minimum asphalt content of 5% by total mix weight and anti-stripping compound. Anti-stripping compound shall be added to the asphalt material in accordance with Section 9-02.4. If the City is not satisfied with the mix submitted, a full mix design will be performed. The City is not required to justify to the Contractor its decision to perform a mix design. The City reserves the right to adjust the asphalt cement content based on mix design or approval of alternate mix designs submitted by the Contractor. SECTION 5-04.3(9) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 5-04.3(9) Spreading and Finishing HMA Class 1/2" PG 64-22 shall be compacted in lifts not to exceed 3 inches except that the final lift shall not exceed 2 inches unless approved by the Engineer. The minimum compacted depth of Class B asphalt concrete shall be 1 1/2 inch. Giant Sandbag Removal - Rebid/Horn 5 - 1 June 4, 2012 Project Number 12-3002 Reference Section 8-20.3(14)C of the Kent Special Provisions for the placement of traffic signal detection loops. SECTION 5-04.3(10) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 5-04.3(10) Compaction Density shall be at least 92 percent of maximum theoretical density (rice density). Compaction tests shall be performed by an approved geotechnical or testing firm under the direction of a professional civil engineer registered in the State of Washington. SECTION 5-04.3(10)B IS DELETED AND REPLACED WITH THE FOLLOWING: 5-04.3(30)B Control For Asphalt Concrete, where paving is in the traffic lanes, including lanes for ramps, truck climbing, weaving, speed changes, and left turn channelization, and the specified compacted course thickness is greater than 0.10 foot, the acceptable level of compaction shall be a minimum 92 percent of the maximum density as determined by WSDOT Test Method 705. The level of compaction attained will be determined as the average of not less than 5 nuclear density gauge tests taken on the day the mix is placed (after completion of the finish rolling) at randomly selected locations. The quantity represented by each lot will be no greater than a single day's production or approximately 400 tons, whichever is less. Control lots not meeting the minimum density standard shall be removed and replaced with satisfactory material. At the option of the Engineer, non-complying material may be accepted at a reduced price. Cores used to check density will be approved only when designated by the Engineer. At the start of paving, if requested by the Contractor, a compaction test section shall be constructed as directed by the Engineer to determine the compactibillty of the mix design. Compactibllity shall be based on the ability of the mix to attain the specified minimum density (92 percent of the maximum density determined by WSDOT Test Method 705). In addition to the randomly selected locations for tests of the control lot, the Engineer reserves the right to test any area which appears defective and to require the further compaction of areas that fall below acceptable density reading. These additional tests shall not Impact the compaction evaluation of the entire control lot. Giant Sandbag Removal - Rebid/Horn 5 - 2 June 4, 2012 Project Number 12-3002 SECTION 5-04.3(12) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 5-04.3(12) Joints The HMA overlay and widening shall be feathered to produce a smooth riding connection to the existing pavement where planing is not specified. HMA utilized in the construction of the feathered connections shall be modified by eliminating the coarse aggregate from the mix at the Contractor's plant or the commercial source or by raking the joint on the roadway, to the satisfaction of the Engineer. The full depth end of each lane of planing shall be squared off to form a uniform transverse joint. The Contractor shall construct and maintain a temporary HMA wedge in accordance with Section 5-04.3(11) across the entire width of the transverse edge when traffic is allowed on the planed surface prior to paving. The wedge shall be constructed before opening the lane to traffic SECTION 5-04.5 IS DELETED AND REPLACED WITH THE FOLLOWING: 5-04.5 Payment Payment will be made in accordance with Section 1-04.1, for the following bid items when they are included in the Proposal: The unit contract price per ton for "HMA Class 1/2", PG 64-22" shall be full pay for all costs of material, labor, tools and equipment necessary for furnishing, installing and finishing the asphalt for driveways, pathways, permanent utility patches, sidewalk ramps, and other areas at the locations shown on the plans or determined in the field during the removal of the sandbags from the paved surfaces, as specified herein or as directed by the Engineer. The cost for anti-stripping additive and asphalt for tack coat shall be included in this bid item. The unit contract price per lineal foot for "Crack Sealing" shall be full pay for all costs of material, labor, tools and equipment necessary for furnishing, installing and finishing the asphalt sealant into cracks found in the asphalt trail, ramps and other areas, at the location directed by the Engineer. SECTION 5-04.5 IS REVISED BY DELETING THE LAST THREE (3) ITEMS. SECTIONS 5-04.5(1), 5-04.5(1)A AND 5-04.5(1)B ARE DELETED IN THEIR ENTIRETY. 5-04.5(1) Quality Assurance Price Adjustments 5-04.5(1)A Price Adjustments for Quality of HMA Mixture 5-04.5(1)B Price Adjustments for Quality of HMA Compaction Giant Sandbag Removal - Rebid/Horn 5 - 3 June 4, 2012 Project Number 12-3002 DIVISION 8 - MISCELLANEOUS CONSTRUCTION 8-01 EROSION CONTROL AND WATER POLLUTION CONTROL SECTION 8-01.1 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.1 Description This work consists of temporary erosion and sedimentation control procedures (TESCP) as shown on the construction plans, specified in these special provisions, proposed by the contractor, or ordered by the Engineer as work proceeds. This work is intended to prevent, control and stop water pollution or erosion within the project, thereby protecting the work, nearby wetlands, streams, retention/detention ponds, the storm drainage conveyance system and other bodies of water. Exposed and unworked soil shall be stabilized by suitable and timely application of Best Management Practices (BMPs). Best Management Practices are those practices that provide the most effective, practicable means of preventing or reducing pollution generated by non-point sources. Best Management Practices fall into a number of categories. Frequently they are split between erosion control BMPs, including grasses, mulches or other materials used to stabilize soil surfaces, and sedimentation control BMPs including check dams, sediment ponds (basins), straw bale barriers and other structural techniques. Most sites require the use of several types of BMPs to adequately control erosion and sedimentation, so erosion control BMPs and sedimentation control BMPs are often used together to address a single problem. All hydroseeding shall be performed by a licensed Contractor registered in the State of Washington who must be experienced in work of similar nature and have adequate equipment and personnel for the indicated work. The Contractor must acquaint itself with all other work related to site improvements, and any other work which might affect preparation for hydroseeding. SECTION 8-01.2 IS DELETED AND REPLACED WITH THE FOLLOWING: 8-01.2 Materials Materials shall meet the requirements of the following sections of the Kent Special Provisions and the Standard Specifications: Seed ....................................8-01.3(2)B and 9-14.2 Straw Wattle .........................8-01.3(9)C and 9-14.5(5) Straw Mulch ..........................9-14.4(1) Construction Requirements SECTION 8-01.3(1) IS DELETED AND REPLACED WITH THE FOLLOWING: 8-01.3(1) General Giant Sandbag Removal - Rebid/Horn 8 - 1 June 4, 2012 Project Number 12-3002 Controlling pollution, erosion, runoff, and related damage may require the Contractor to perform temporary work Items Including but not limited to: 1. Providing ditches, berms, culverts, and other measures to control surface water; 2. Building dams, settling basins, energy disslpators, and other measures, to control downstream flows so as to protect properties and waterways from the construction work areas; 3. Controlling underground water found during construction; 4. Covering or otherwise protecting slopes until permanent erosion- control measures are working; 5. Designing, constructing and stabilizing temporary onslte conveyance channels to prevent erosion from the expected velocity of flow from a 2-year, 24-hour frequency rainfall event for the developed condition. Stabilization shall be provided to be adequate to prevent erosion of outlets and adjacent areas; 6. Protecting stormwater drain Inlets made operable during construction so that stormwater runoff will not enter the conveyance system without first being filtered or otherwise treated to remove sediment; 7. Wherever construction vehicle access routes Intersect paved roads, making provisions to minimize the transport of sediment (dust or mud) onto the paved road through the use of a stabilized construction entrance, tire wash or other BMP approved by the Engineer. If sediment is transported onto a road surface, the road shall be cleaned thoroughly at the end of each day (or more frequently, if necessary, to meet the requirements of the Standard Specifications) and the recovered sediment shall be deposited at a designated location approved by the Engineer; or 8. Discharging excavation dewatering devices into a sediment trap, pond, storage tank or other BMP approved by the Engineer. Prior to or in conjunction with all clearing or grading, the Contractor shall Implement TESC measures as necessary to prevent erosion and to stop sediment-laden water from leaving the site and entering the storm drain system, creeks, wetlands or any other sensitive areas. The Contractor is responsible for constructing, maintaining, relocation, and removing erosion control measures throughout the duration and phases of construction of the project in addition to the measures shown in the plans, as needed, and as directed by the Engineer. The Contractor shall furnish, Install, maintain and remove and dispose of water pollution and erosion and sediment control BMPs to prevent sediments and other debris from entering Into the storm drainage system and adjacent sensitive areas, Including creeks and wetlands. All cost for this work shall be paid for under the unit contract bid prices. The upgrading of the TESCP facilities shall not constitute a basis for additional working days for this project. The TESC facilities shown on the construction plans must be constructed and functional prior to any clearing and grading activities, and in such a manner as to insure that sediment laden water does not enter the drainage system or violate applicable water quality standards. Giant Sandbag Removal - Rebid/Horn 8 - 2 June 4, 2012 Project Number 12-3002 The facilities shall be in accordance with and conform to the Appendix D to the King County Surface Water Design Manual, Erosion and Sediment Control Standards, except as modified by the Kent Construction Standards or these Special Provisions. The Contractor shall construct all necessary elements and provide other necessary materials, labor, and equipment. When the Engineer determines the temporary control devices are no longer needed, the Contractor shall remove them and restore the construction area they occupied as the Engineer directs. The TESC facilities shown on the construction plans are the minimum requirements for anticipated site conditions. As construction progresses and unexpected seasonal conditions dictate and as the City requires, the Contractor should anticipate more TESCP measures. These additional measures may include additional sumps, relocation of ditches and silt fences, etc. These measures will be necessary to protect adjacent properties and to meet water quality standards. These measures shall be paid for under the unit contract bid price. It shall be the responsibility of the Contractor to notify the City at once of any TESC deficiencies or changes in conditions such as rutting and or erosion that may occur during construction. The Contractor may recommend possible solutions to the Engineer in order to resolve any problems that are occurring. The Contractor shall provide additional facilities, as directed by the Engineer over and above the minimum requirements outlined on the approved plans. All costs for materials and labor shall be paid for under the unit contract bid price. The Contractor shall also restore all damaged areas and clean up eroded material including that in ditches, catch basins, manholes, and culverts. The Contractor shall have adequate materials on the site to respond to weather changes and shall modify the system to accommodate seasonal changes. If the Engineer or any governmental agency determines that the Contractor's drainage and erosion control measures are inadequate to meet the intent of applicable regulatory programs or the Contract Documents with regard to the control of surface water runoff, erosion or the prevention of environmental degradation as a result of surface water runoff or erosion, then the Contractor shall field design and implement additional surface water runoff or erosion control measures that address the deficiencies observed by the Engineer or the governmental agency. These measures shall be installed by the Contractor and approved by the Engineer. Prior to initiating earthwork or other soil disturbing activities at the site, the Contractor shall obtain the Engineer's approval of the installed erosion and sediment control measures. The Contractor shall field design and implement surface water runoff control measures appropriate to activities associated with temporary earthwork and other construction requirements. Measures that are not defined on the contract plans but are required to meet the requirements of applicable regulatory programs shall be installed after review and approval by the Engineer. The Contractor shall protect the construction area from damage caused by surface water, including damage due to ponding, erosion, and movement of contaminants due to lack of adequate surface water Giant Sandbag Removal - Rebid/Horn 8 - 3 June 4, 2012 Project Number 12-3002 control measures. Damaged work shall be repaired or replaced by the Contractor in accordance with the Standard Specifications and Special Provisions or as directed by the Engineer at no additional cost to the City. The Contractor shall protect adjacent properties, drainage ways, and watercourses from physical or environmental damage caused by surface water runoff, erosion, soil instability, migration of contaminants, clearing, grading, excavation, filling, or similar activities associated with the construction activities. Paved streets and Green River Trail shall be swept periodically to remove soil from the pavement and minimize dust generation. Additional measures may be required to insure that all paved areas are kept clean daily for the duration of the project. Erodible soils not being worked, whether at final grade or not, as well as temporary soil and debris stockpiles, shall be covered within the following limitations, using an approved soil covering practice, unless authorized otherwise by the Engineer. Erodible soils Is defined as any surface where soils, grindings, or other materials are capable of being displaced and transported by rain, wind or surface water runoff. October 1 through April 30 ASAP - 2 days maximum May 1 through September 30 ASAP - 7 days maximum Grass seeding with fast germinating grasses alone will be acceptable only if left undisturbed for more than a minimum of six (6) weeks during the months of April through October inclusive, as approved by the Engineer. Contractor shall bear the risk of managing contaminated and uncontaminated stormwater originating from area occupied or disturbed by the Contractor during construction of the project and shall employ such additional measures as may be required to prevent environmental harm or physical damage to the work area, or adjacent property. Permit requirements from appropriate agencies are included in the Appendix. The Contractor is responsible for following all permit requirements, whether shown in the plans or not. These requirements may include, but not be limited to, providing daily inspection by an erosion control specialist of the adequacy and maintenance needs of all erosion control measures, submitting daily Inspection reports, and inspecting and maintaining erosion/sedimentation control facilities on inactive sites. No additional payment will be made for following permit requirements. All costs associated with permit requirements shall be included In the associated bid item unit price. If the Engineer, under Section 1-08.6, orders the work suspended for an extended time, the Contractor shall, before the Contracting Agency assumes maintenance responsibility, make every effort to control erosion, pollution, and runoff during shutdown. Section 1-08.7 describes the Contracting Agency's responsibility in such cases. Giant Sandbag Removal - Rebid/Horn 8 - 4 June 4, 2012 Project Number 12-3002 The requirements of this section shall apply to all areas of the project subject to construction activity as described In the Standard Specifications, the Special Provisions and contract plans, Including Contractor construction support facilities, Contractor personnel parking areas, equipment and material storage/laydown areas, and other areas utilized by the Contractor for completion of the work. Nothing in this section shall relieve the Contractor from complying with other contract requirements. SECTION 8-01.3(1) IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTIONS: 8-01.3(1)F Applicable Regulations and Criteria Construction activities conducted within the City of Kent's Right of Way are subject to applicable federal, state and local permits. The Contractor shall comply with substantive requirements of applicable state and local regulatory requirements, including, but not limited to the following: 1. WAC 173-201A Water Quality Standards for Surface Waters of the State of Washington 2. City of Kent 2002 Surface Water Design Manual 8-01.3(2) Seeding, Fertilizing and Mulching SECTION 8-01.3(2)B IS DELETED AND REPLACED WITH THE FOLLOWING: 8-01.3(2)B Seeding and Fertilizing Topsoil and all other unpaved and unsodded areas within easements and right-of-way shall be seeded. Hydroseeding shall be the method of seed application. A slurry of seed, fertilizer, mulch and water shall be evenly broadcast over areas to be seeded. All work shall conform in all respects to Section 8-01 of the Standard Specifications, except as modified herein. The Contractor shall notify the Engineer not less than 48 hours in advance of any hydroseeding operation and shall not begin the work until areas prepared or designated for hydroseeding have been approved. Following the Engineer's approval, hydroseeding of the approved slopes shall begin immediately. Hydroseeding shall not be done during windy weather or when the ground is frozen, excessively wet, or otherwise untillable. Hydroseeding shall consist of a slurry composed of water, seed fertilizer and mulch. Hydroseed (upland seed mix) to be applied by an approved hydro seeder which utilizes water as the carrying agent, and maintains continuous agitation through paddle blades. It shall have an operating capacity sufficient to agitate, suspend, and mix into a homogeneous Giant Sandbag Removal - Rebid/Horn 8 - 5 June 4, 2012 Project Number 12-3002 slurry the specified amount of seed and water or other material. Distribution and discharge lines shall be large enough to prevent stoppage and shall be equipped with a set of hydraulic discharge spray nozzles which will provide a uniform distribution of the slurry. The seed and fertilizer cannot be placed in the tank more than 30 minutes prior to application. The seed and fertilizer shall have a tracer added to visibly aid uniform application. This tracer shall not be harmful to plant and animal life. If wood cellulose fiber is used as a tracer, the application rate shall not exceed 25 pounds per acre. Areas in which the above methods are impractical may be seeded by approved hand methods. The slurry to be used will consist of the following materials mixed thoroughly together and applied in the quantities indicated. 1. Grass Seed: Mixture shall be fresh, clean, new crop seed. Seed to be mixed mechanically on the site or may be mixed by the dealer. If seed is mixed on site, each variety shall be delivered in the original containers bearing the dealer's guaranteed analysis. If seed is mixed by the dealer, the Contractor shall furnish to the Engineer the Dealer's guaranteed statement of the composition of the mixture and the percentage of purity and germination of each variety. Grass seed shall be purchased from a recognized distributor and shall be composed of the varieties indicated in Section 9-14.2 of the Standard Specifications and Special Provisions Seed shall meet the minimum percentages of purity and germination specified. Seed shall be applied at the rate of 120 pounds per acre. The Contractor shall protect seed from hydration, contamination, and heating during delivery, storage, and handling. Store seed in cool dry location away from contaminants. Mix A shall be used as the standard hydroseed mix unless otherwise specified herein or on approved project plans. 2. Water: The Contractor shall begin maintenance Immediately after seeding for a minimum of ten (10) weeks or longer as needed. Water seeded areas before hydroseed slurry has completely dried out. Water slowly and thoroughly with fine spray nozzle. Water the hydroseeded areas at least twice daily (in the early morning and late afternoon) until the grass is well established as determined by the Engineer. Repeat watering operation as required by climatic conditions to keep areas moist for a minimum period of 2 weeks from the day of first watering and as necessary for healthy growth. 3. Hand Seeding: Seeding shall be applied at the rate of 6 pounds per 1,000 square feet. The seed shall be applied by an approved hand Giant Sandbag Removal - Rebid/Horn 8 - 6 June 4, 2012 Project Number 12-3002 held spreader. The seed shall be evenly distributed over the disturbed area. Apply seed mix after the fertilizing has been accomplished and rake the seed into the surface soil to a depth of 1/4-inch. 4. If the slurry is used for temporary erosion control it shall be applied at the following rates: EROSION CONTROL: Seed 170lbs/acre Fertilizer 400lbs/acre Wood Fiber 2,000 Ibs/ acre Tackifier 80lbs/acre 5. Fertilizer: All areas which are seeded shall receive fertilizer of the following proportions and formulation applied at the rate of 400 pounds per acre. All areas which are seeded shall receive fertilizer meeting the requirements of Section 9-14.3 of the Kent Special Provisions. Fertilizer shall be applied in accordance with the procedures and requirements for seeding in Section 8-01.3(2)B at the rates and analysis specified in Section 9-14.3 with regard to formulation and rate of application. Fertilizer shall not be applied on any creek sideslopes in order to avoid contamination of these creeks. SECTION 8-01.3(2)F IS REVISED BY DELETING THE FIRST THREE PARAGRAPHS AND REPLACING WITH THE FOLLOWING: 8-01.3(2)F Dates for Application of Final Seed, Fertilizer, and Mulch Unless otherwise approved by the Engineer, the final application of seeding, fertilizing, and mulching of slopes shall be performed during the following periods: West of the summit of the Cascade Range - March 1 to May 15 and August 15 to October 1. Where contract timing is appropriate, seeding, fertilizing, and mulching shall be accomplished during the spring period listed above. Written permission to seed after October 1 will only be given when physical completion of the project is imminent and the environmental conditions are conducive to satisfactory growth. SECTION 8-01.3(2)G IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.3(2)G Protection and Care of Seeded Areas Protect adjacent property, public walks, curbs and pavement from damage. Do not place soil directly on paved surfaces. Locate all underground utilities prior to the commencement of work. Keep streets and area drains open and free flowing. Protect all seeding against wind, storm, and trespassing. Replace any plants that become damaged or injured. In seeded areas, treat and reseed damaged spots larger than one square foot. Giant Sandbag Removal - Rebid/Horn 8 - 7 June 4, 2012 Project Number 12-3002 SECTION 8-01.3(2)H IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.3(2)H Inspection Inspection of seeded areas shall be made upon completion of seeding operations, at the end of the maintenance period, and at any time during the maintenance period. The Contractor shall reseed, remulch or refertilize as required to establish a uniform, thick stand of grass. A uniform stand of grass shall be defined as any grass area with no spots greater than one square foot. Areas failing to show a uniform thick, healthy stand of grass after the maintenance period shall be reseeded at the Contractor's expense. Reseeded areas will be subject to inspection for acceptance. 8-01.3(9) Sediment Control Barriers SECTION 8-01.3(9)D IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.3(9)D Inlet Protection Prior to clearing and grubbing, all catch basins near disturbed areas shall be fitted with inlet protection to prevent mud, silt and other debris from entering the storm sewer system. The Contractor shall maintain the inlet protection on a regular schedule as recommended by the manufacturer or as directed by the Engineer. At no time shall more than one foot of sediment be allowed to accumulate within a catch basin. The Contractor shall clean all catch basins and conveyance lines prior to paving. The cleaning operation shall not flush sediment-laden water into the downstream system. SECTION 8-01.3(10) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.3(10) Wattles Straw wattles shall be installed per the detail and locations shown in the plans, or as directed by the Engineer. SECTION 8-01.3(15) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.3(15) Maintenance The E.S.C. facilities shall be inspected daily by the Contractor and maintained as necessary to ensure their continued function and operation. All sediment and material that accumulates as a result of the temporary erosion control measures must be removed and disposed properly. The Erosion and Sediment Control (ESC) Lead, as described in Section 8- 01.3(1)B shall keep the Engineer informed of all areas of sediment accumulation; and the Contractor shall remove and dispose of all sediment and debris collected by the silt fences, inlet protection, straw Giant Sandbag Removal - Rebid/Horn 8 - 8 June 4, 2012 Project Number 12-3002 bale barriers and sediment traps, as directed by the Engineer. The Contractor must obtain prior authorization by the Engineer before any material removal activities commence. This maintenance requirement also applies during any winter shut down. 8-01.3(18) Vehicle Maintenance and Storage Water used for washing vehicles and equipment shall not be allowed to enter storm drains or other State waters unless separation of petroleum products, fresh concrete products or other deleterious material is accomplished prior to discharge. Detergent solution may be discharged into sanitary sewer or allowed to be held on ground for percolation. A recirculation system for detergent washing is recommended. Steam cleaning units shall provide a device for oil separation. Handling and storage of fuel, oil and chemicals shall not take place adjacent to waterways. The storage shall be made in dike tanks and barrels with drip pans provided under the dispensing area. Shut-off and lock valves shall be provided on hoses. Fuel, oil, and chemicals shall be dispensed only during daylight hours unless the dispensing area is properly lighted. Disposal of waste shall not be allowed on fuel, oil, and chemical spills. Fencing shall be provided around storage area. Locks shall be provided on all valves, pumps, and tanks. 8-01.3(19) Failure to Perform TESCP If the Contractor fails to install the required TESCP measures, or to perform maintenance in a timely manner, or fails to identify deficiencies, and fails to take immediate action to install additional approved measures, all fines, costs of cleanup, and costs for delays and down time shall be borne by the contractor. SECTION 8-01.5 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.5 Payment The unit contract price per acre for"Seeding, Fertilizing, and Mulching" shall be full pay for all labor, materials tools and equipment necessary to complete the above said hydroseeding, seeding, fertilizing and mulching at the locations shown on the plans, including the following areas: 1. All planter areas or areas disturbed by the Contractor's operations, even where it is only a narrow strip. 2. All fill areas and slopes. 3. Other areas as directed by the Engineer. Water, fertilizer and mulch shall be provided by the Contractor as necessary to maintain and establish the seeded areas and is considered incidental to this bid item. Topsoil Type B is considered incidental to this bid item unless a specific bid item is listed in the proposal. The Giant Sandbag Removal - Rebid/Horn 8 - 9 June 4, 2012 Project Number 12-3002 cost of baffling or blocking over spray as required to prevent over spray onto the sidewalk, curbing and non-planter areas is Incidental to the unit price. The unit bid price per lineal foot of "Straw Wattles" constitutes complete compensation for all materials, tools, labor and equipment required for supply, relocation, removal and disposal, placement and grading to install the straw wattle wherever specified, shown on the plans or as directed by the Engineer. Straw shall be in an air dried condition free of noxious weeds and other materials detrimental to plant life. The unit contract price per each for "Inlet Protection" shall be full pay for furnishing all labor, materials, tools and equipment necessary to construct, maintain, and remove when no longer required, this temporary erosion control measure. No other further compensation will be made. The unit bid price per square yard for "Straw Mulch" constitutes complete compensation for all materials, tools, labor and equipment required for applying straw mulch on exposed soils for erosion control as directed by the Engineer. Straw shall be in an air-dried condition, and free of noxious weeds and other materials detrimental to plant life. The unit contract price per hour for "ESC Lead" shall be full pay for all duties outlined in Section 8-01.3(1)B (Erosion and Sediment Control (ESC) Lead) in hour increments. The unit contract price per hour for "Street Cleaning" constitutes complete compensation for all materials, tools, labor, and equipment necessary to clean the road and trail during the project, and will be based upon actual time spent cleaning and not moving the equipment. 8-02 ROADSIDE RESTORATION SECTION 8-02.1 IS SUPPLEMENTED BY ADDING THE FOLLOWING; 8-02.1 Description Drawings and Specifications: Definitions: The word "provide" means "furnish and install" (for landscaping only). SECTION 8-02.2 IS DELETED AND REPLACED WITH THE FOLLOWING: 8-02.2 Materials Materials shall meet the requirements of the following sections: Topsoil Type A.......................................... 9-14.1(1) Giant Sandbag Removal - Rebid/Horn 8 - 10 June 4, 2012 Project Number 12-3002 8-02.3 Construction Requirements SECTION 8-02.3(1) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-02.3(1) Responsibility During Construction The Contractor shall at all times keep the existing planted areas free from accumulations of waste materials or rubbish. Upon completion of the bag removal, the Contractor shall Immediately remove all refuse and debris resulting from the project. The project will not receive either preliminary or final approval if the cleanup does not meet with the approval of the Engineer SECTION 8-02.3(14) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-02.3(14) Plant Replacement The Contractor shall replace all trees and shrubs which, in the opinion of the Engineer, have been damaged by his negligence during the bag removal or road or trail repair, at his sole expense. All replacement planting shall be conducted in conformance to these specifications. SECTION 8-02.3 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 8-02.3(17) Plant and Site Protection During Entire Construction Period The Contractor shall: 1. Protect existing trees to remain and new plants against injury and damage, including but not limited to: cutting, breaking, or skinning of roots, trunk or branches, or smothering by stockpiling construction material, or compaction by equipment. 2. Keep all heavy equipment (e.g., backhoe) outside of the drip lines of all existing trees, so as not to damage the root systems. 3. Notify Engineer immediately if a conflict arises between construction activity and the protection of trees and shrubs; alter methods as necessary and as approved by the Engineer. SECTION 8-02.5 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-02.5 Payment The unit contract price per force account for "Miscellaneous Landscape Restoration" constitutes complete compensation for all labor, materials, tools and equipment necessary for repair of adjacent property impacted by the removal of the sandbags. This item does not include damage or disturbance caused by the negligence of the Contractor. That will be the Contractor's responsibility. The unit contract price per cubic yard for "Topsoil Type A" constitutes complete compensation for all labor, materials, tools and equipment necessary to supply and spread the topsoil in the areas shown on the Giant Sandbag Removal - Rebid/Horn 8 - 11 June 4, 2012 Project Number 12-3002 plans, or where directed by the Engineer. This Item includes but is not limited to the labor required for raking and compacting the topsoil, cleanup and complete preparation ready for seeding. 8-21 PERMANENT SIGNING SECTION 8-21.3(4) IS REVISED BY DELETING THE 4TH SENTENCE AND BY ADDING THE FOLLOWING: 8-21.3(4) Sign Removal Wood signs, wood sign posts, wood structures, plastic signs, plastic posts, barricades, metal sign posts, windbeams, and other metal structural members shall become the property of the Contractor and shall be removed from the project. Aluminum signs shall remain the property of the City. The Contractor shall bundle and band the aluminum signs, and deliver the signs to the Sign Shop at the City of Kent Maintenance Facility located at 5821 South 2401h Street (a.k.a. West James Street.) All aluminum signs shall be delivered to the Sign Shop prior to physical completion of the project. The Contractor shall be charged $2.00 per square foot for any aluminum signs that are lost or are rendered unusable as signs by the Contractor's operation. Also see Section 2-02.3 of the Kent Special Provisions. SECTION 8-21.5 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-21.5 Payment The unit contract price per lump sum for "Removal of Traffic/Informational Signs" constitutes complete compensation for all labor, materials, supplies and equipment necessary to remove, dispose, salvage, or deliver the traffic signs and described in the appendix of these specifications per Section 2-02.3. Also included is the removal and disposition of all temporary pavement striping, delineator posts and barricades applied in conjunction with the sandbag installation. 8-30 PRO3ECT SIGNS 8-30.1 Description This work shall consist of acquiring from the City Shops, installing, and maintaining project signs complying with the requiremens of these specifications where shown in the plans or where directed by the Engineer. Used project signs may be available for refurbishing when available, and when the Engineer approves. The Contractor shall pick up the signs at the City Maintenance Shop on West James Street, telephone (253) 856-5600. All project signs (new or refurbished) become the property of the City at the end of the project, and the Contractor shall in all cases return project signs to the same faicility when so directed by the Engineer. Giant Sandbag Removal - Rebid/Horn 8 - 12 June 4, 2012 Project Number 12-3002 8-30.2 Materials Sign materials shall generally conform to the following requirements: Braces .............. 2 inch x 4 inch Fir Posts ................ 4 inch x 4 inch or 4 inch x 6 inch Fir, depending on design required by Engineer. 8-30.3 Construction Requirements 8-30.3(1) Erection of Posts All posts shall be set reasonably vertical, and deep enough to sustain sign and expected wind loads as determined by the Engineer. 8-30.3(2) Design A Three (3) vertical 4 inch x 4 inch Fir posts shall be attached to the sign board. Three horizontal 2 inch x 4 inch Fir braces shall be attached to the back of the sign board, one each on the top, the bottom, and in the middle. Attachment of posts and bracing shall meet with the approval of the Engineer. 8-30.3(3) Design B Fasten two (2) vertical 4 inch x 6 inch Fir posts evenly spaced at the back of the sign board. Posts shall be of break-away design with no more than 12.25 square inches of drilled shear area at a point 2 inches above the ground, or as directed by the Engineer. Three horizontal braces shall be attached to the back of the sign board as described in Design A. Attachment of posts and bracing shall meet with the approval of the Engineer. 8-30.4 Measurement Project signs will be measured by the installed and maintained unit. Failure of the Contractor to adequately maintain the project signs—as determined by the Engineer—shall be deemed noncompliant with this Specification. 8-30.5 Payment Payment will be made in accordance with Section 1-04.1, for the following bid items when they are included in the Proposal: The unit contract price per each for "Project Sion" constitutes complete compensation for furnishing all labor and materials, to pick up from the City Shop, installation of and maintaining the project sign for the life of the project or until ordered removed and returned by the Engineer. Failure to adequately maintain and return project signs to the City of Kent Maintenance Shop shall be deemed reasonable grounds for the Engineer to adjust the payment made uner this bid item. Said adjustment shall be determined solely by the Engineer and is not negotiable except at the Engineer's discretion. Giant Sandbag Removal - Rebid/Horn 8 - 13 June 4, 2012 Project Number 12-3002 DIVISION 9 - MATERIALS 9-03 AGGREGATES SECTION 9-03.12(3) IS REVISED BY DELETING THE GRAVEL SPECIFICATION AND REPLACING IT WITH THE FOLLOWING: 9-03.12(3) Gravel Backfill for Pipe Zone Bedding Pipe bedding shall be 5/8 inch minus crushed rock. Pea gravel is not allowed. All material shall conform with the following gradation: Sieve Size Passing 3/4 Inch 1000/0 5/8 Inch 95 - 100% 1/4 Inch 45 - 65% US No. 40 6 - 18% US No. 200 7.5 max. % % Fracture 75 min. Sand Equivalent 40 min. L.A. wear 500 rev. 35 percent max., degradation 25 percent min. Free from wood waste, bark and other deleterious material. 9-14 EROSION CONTROL AND ROADSIDE PLANTING SECTION 9-14.2 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 9-14.2 Seed Hydroseed: Seed shall be "Blue Tag" or certified quality. The Contractor shall deliver in unopened containers with mixture seed content and inert material content plainly marked on the outside of the container. Grasses used shall meet the following specifications: Mix A (Roadside Grass): Weight Seed Mix "A" Min % Min % Max. % Proportion Ingredient Pure Seed Germination Weed Seed 40% Perennial R e rass 98% 90% 0.5% 30% Creeping Red Fescue 98% 85% 0.5% 10% Colonial Bent grass 98% 90% 0.5% 10% Crested Wheat grass 95% 85% 0.5% 10% White Dutch Clover 98% 90% 0.5% Pre-inoculated The Contractor shall submit to the Engineer the manufacturer's Certificate of Conformance for seed. A complete analysis of the seed shall be submitted to the City for approval including percent of pure seed, germination, other crop seed, inert and weed and the germination test date. Giant Sandbag Removal - Rebid/Horn 9 - 1 June 4, 2012 Project Number 12-3002 MISCELLANEOUS DETAILS Green River Trail Cross-Section Giant Sandbag Removal - Rebid/Horn A - 1 June 4, 2012 Project Number 12-3002 2'SOFT 6'-10'MULTI-PURPOSE TRAIL 2'SOFT 2'MIN (TYP) TRAIL TRAIL I 4'PREFERRED THICKENED ASPHALT EDGE CL }z"PG 64-22 HMA,SEE NOTE( y SEE NOTE(7) CRUSHED ROCK BASE COURSE SEE NOTE 9O w 4"BARK MULCH SUBGRADE SEE NOTEO TRAIL SURFACE SEE NOTEO4 1 TRAIL CENTERLINE TO BE STAKED IN THE FIELD BY CONTRACTOR AND 0TRAIL SHALL HAVE THICKENED ASPHALT EDGES FOR EROSION APPROVED BY THE ENGINEER PROTECTION 6"(THICK)x 10" (WIDE) MINIMUM. 2O SUBGRADE SHALL CONSIST OF UNDISTURBED NATIVE SOIL @ASPHALT PAVEMENT SHALL BE HMA CL Y2"PG 64-22 THICKNESS TO COMPACTED TO 95%DENSITY SUBGRADE TO BE TREATED WITH AN BE SPECIFIED BY THE ENGINEER MINIMUM THICKNESS IS 3" APPROVED HERBICIDE PRIOR TO INSTALLATION OF ASPHALT FILTER FABRIC MAY BE REQUIRED BETWEEN SUBGRADE AND BASE COURSE 9.BASE COURSE SHALL BE%"MINUS CRUSHED ROCK COMPACTED TO 95%DENSITY THICKNESS TO BE SPECIFIED BY THE ENGINEER. 3 ROOT BARRIER MAY BE REQUIRED AT THE DISCRETION OF THE MINIMUM THICKNESS IS 4". ENGINEER 4 MAXIMUM TRAIL SIDE SLOPE IS 3:1.GRADE WITH COMPACTED 10. TRAIL WIDTH TO BE DETERMINED BY THE ENGINEER. TOPSOIL BACKFILL AS REQUIRED BOTTOM OF SIDESLOPE SHALL BE 11, PAVEMENT MARKINGS AND SIGNS SHALL FOLLOW THE MUTCD AND GRADED TO PREVENT ACCUMULATION OF RUN-OFF. AASHTO"GUIDE FOR THE DEVELOPMENT OF BICYCLE FACILITIES" 5 MINIMUM BRANCH CLEARANCE ABOVE TRAIL SURFACE IS 6.5 FEET. FOR EQUESTRIAN TRIALS MINIMUM BRANCH CLEARANCE FROM TRAIL SURFACE IS 10 FEET. 6. MAXIMUM CROSS-SLOPE FOR TRAIL SURFACE IS 2%. NOTE THIS PLAN IS NOT A LEGAL ENGINEERING DOCUMENT BUT QSEP AN ELECTRONIC DUPLICATE THE ORIGINAL,SIGNED BY THE S 17 ENGINEER AND APPROVED FOR PUBLICATION IS KEPT ON FILE AT �� pF WASh�M �� THE CITY OF KENT A COPY MAY BE OBTAINED UPON REQUEST CITY OF KENT w Z ENOINEERINO DEPARTMENT a KENT TRAIL �O ,Q 21493 O w..x �a�o• GI R�NST 10\\� N RBH SCALE NONE STANDARD PLAN DRAW CHECKED DATE 6—Z 2 VE APPROD (7 J VICINITY MAP AND ACCESS LOCATION Giant Sandbag Removal - Rebid/Horn A - 2 June 4, 2012 Project Number 12-3002 0 7501500 3,000 Lk I v Feet Prepared by City of Kent +#I ` #16 ,i Jati. Engineering Dept June 2012 co I fake _ tlJL:SrQ ty s 200 ST Sz #15 2 #15A a•• iv s • 7 T :to'—' /// \` #14B ; Qf, # 4A S 2124 W #14 ,� a� Jet i / #13 GREEN t�• > RIVER NATURAL,rI cn' C9 RESOURCES AREA > i Q 23 ST 1 ��'N ¢ 0 12 � 1§1 20 — v� tlLin7r'C� 167 r i - y i S228S y ,I r 411 n ' c • w I- nt r-- rL 1 .Gl. 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' ■ ¢' I E At S204St �lI t l i Green River Levee Giant Sandbag Removal Q GAT N PA MAP 4 des12-5d mxd ECOLOGY BLOCK LOCATION MAPS Giant Sandbag Removal - Rebid/Horn A - 3 June 4, 2012 Pro3ect Number 12-3002 7 CoeS �`ry—y3i l9 P ' - J • £_ I .1@ _.� # < yak.& MIN ►`' � � ¢ P _ � „�+} � .�•4 �i ,��r = —J - 1 e 4�p� y ^.Fj �.1R _ YI 1 !�Y} y m .y��y`� ,�_ v, t,,_` f ; ,f` srj/ SY�y„�' .$ Y '���1°' �'�'Y ,;`•;zj'� i _ • Y�� S'�•� ~ M •+a3J— bM � n � D^Y.�^ n t 9 ��r`�?.��' CrY Q� Oki �. ,4_�,�.�]�" ' .f� ^�� -'�' gykt"� 'a sp���f'y,i 'I � ._. ._e i�{t ,�{ �•`y�- _a n�'�j F� �° a �'��'�_q, r� '�i,'r.'._ +.�y-w ��y��`• , Yr. �w � `C `�� '�� arm � _t ; - ,��' � r.,F M•�'1 � ♦ C.,`L �1 � 1 rs� it Ivy, lo kJ t lop „t$� `t-{� � ,�c � Pam• �i7• � a � •,4 ML N �: 1 1 inch = 4:O ��feet t �tAE T 1 r M'Uf� ICIPA�L COUNT S+IT'E APPROXIMATjE'LOCATION X ,, OF ECOLOOGY�BLOCKS;�TYP ,X 1. CONTRACTOR TO COORDINATE WITH'CITY:OF KENT MUNICIPA OURT;AN I RROJECTO'MANAGER FOR TRAFFIC CONTROL; ` .�;` 2. TiHE CONTRACTOR IS SOLELY RESPONSIBLE FOR T_HE�SA.FET AL Y OF L PEDESTRIANS AND TRAFFIC RING'C,ONSTRUCTION ACTIVITIES ON-SITE-, 3CON�TR�A,',CTOR SHALL REMOVE ECOLOGY BLOCKS 'x ('APPROXIMATE QUANTITY: 260), AND CAPS IN AREAS "' Hr IG}LIGH1TED ONLY. ECOLOGY BLOCKS I NOT IN µ HIGHLIGHTED AREAS ARE V01 REMAIN PN-SITE. 4. ECOLOGYY BLOCK IN AREAS MARKED ITH 'I MAY BE-REMOVED ON WEEKENDS ONL►Y. ECOLOGY BLOCKS IN AREAS MARKED WITH AN 'A' MAY BE REMOVED ANY DAY OF THE EEK. ) 9 F j E syFS C I T�w;" r," v - O,F KENT VACOR SATE ANOTES �� 1. CONTRACTORaTO COORDINATE ITH CITY OIF UTILITY.SLIPER�IN ENDENT, (OD HIS REPRESENTATIVE FOR TRAFFIC ro GONT .r:2. THE CON WAG TOR IS SOLELY RESPONSIBLEEFOR THjE SAFETY OF ALL PEDESTRI NS AND t-h"IC DURING CONSTRUCTION ACTIVITIES ON—SITE sY 3. CONTRACTOR'SHAL�STACK ECOLOGY =BLOCKS PPROXIMATELY WHERE SHO N, ,';AST T�HE$DIRECTION OF THE CITY OF KENT FUTILITY SUPERINTENDENT OR HIS REPRESENTATIVE . A x APPR -11 AM STACKING 4. CONTRACTOR,SHALL DISPOSE OF ECOLOGY BLOCK CAPS OFF}SITE. LOCATION FOR ECOLOGY:: fi BLOCKS (NNOT CAPS) RELOCATED=FROM CITI'YOF ' KENT MUNICIPALCOURT SITE a` yr R: d �Y k +4 it bp.o �r a =y d y Y5 t[ k w } TRAFFIC CONTROL PLANS a Giant SandbagRemoval - Rebid/Horn A - 4 June 4, 2012 Project Number 12-3002 a\EWw Exr \Is xm�warsrxoem��w+x\owert\murlccomxa\mm�wr_owo—sR/Wa tum ix 70 TIC O mm zmo m m T — nn (� NN 015� Sl- N 0 W D '- Oo z D y cnZ D QaGyD 0� 6 d N Z O� W m I I II ➢ � I I � I m I m TRUO(S ENTERING ROADWAY ��}} m m K BE PREPARED TO STOP I a czi FLAGGER SYW OL O m i O > P � O FLAGGERLOCATION OOi < Z Gx �m �Yll fl I I _ - m m z IT P I I I I D IT \ z m i TI�r �� T 5 n o D D � o 0m cD -- m;u O N _ S 2591h ST Z O c — BALD EAGLE MANAGEMENT PLAN Giant Sandbag Removal - Rebid/Horn A - 5 June 4, 2012 Project Number 12-3002 Bald Eagle Management Plan The city of Kent has submitted a permit application to the United States Fish and Wildlife Service (USFWS) to conduct work within a 660 foot radius of a Bald Eagle nest on the west side of the Green River at approximately S. 240th Street. Removal of giant sandbags within the 660 foot radius will not be permitted until August 15, 2012. A map is attached showing the location of the map and buffer is included. James Street Bald Eagle Nest Location, City of Kent c` r� x� � � s R I �► � �� � James St t Y J-11 " wmw peratlor i1 �� li sY Y F { T � O t a � G011 �I�o 3 Legend 0 100 200 400 600 800 • Eagle Nest Feet 330' Buffer 660' Buffer •. Giant Sandbag Location Saved as P 1Public\Environmental\Matt\ArcGIS Protects\EagleNest_JamesSt mxd SIGN REMOVAL Giant Sandbag Removal - Rebid/Horn A - 6 June 4, 2012 Protect Number 12-3002 Sign Removal Type of Device Size Mounting Location South 259th Street between 5th Avenue South and 1st Avenue South Vertical panel 8"X 24" Bolt to pavement 200' east of 5th Ave S (eastbound) 13 delineator posts NA Bolt to pavement Between 5th Ave S and 1�t Ave. S. (eastbound) Hawley Road east of West Valley Highway Vertical panel 8" X 24" Bolt to pavement 300' southeast of West Valley Highway (southbound) 8 Delineator posts NA Bolt to pavement Between West Valley Highway and south end of road (southbound) Pavement stripe 50' NA 300' southeast of West Valley Highway (southbound) Type III Barricade NA NA 800' south of West Valley Highway (southbound) ROAD CLOSED 36"X 24" On barricade 800' south of West Valley Highway (southbound) Hawley Road west of West Valley Highway SIDEWALK CLOSED 30" X 18" 4" wood post 400' west of West Valley Highway(westbound) SIDEWALK CLOSED 30"X 18" 4" wood post 400'feet west of West Valley Highway (southbound) SIDEWALK CLOSED 30"X 18" 4" wood post 600' west of West Valley Highway(eastbound) SIDEWALK CLOSED 30"X 18" 4"wood post 700' west of West Valley Highway (eastbound) 64th Ave. S. between S. 212th St: and S. 228th St. DETOUR 30"X 24" 4" wood post 7r667south of S. 216th St (southbound) S. 228th St. between 64th Ave. S. and Russell Rd. RUSSELL ROAD/DETOUR 30" X 12" and 4" wood post 1400' west of 641h Ave.S. (westbound) 30" X 24" RUSSELL ROAD/ END 30" x 12"AND 4"wood post At Russell Road (westbound) DETOUR 30"X 18" 212th Ave. S. between 42"d Ave. S. and 64th Ave. S.' NOTICE RUSSELL RD 72"X 48" Two 4"wood posts 500' west of Riverview Blvd S. (eastbound) CLOSED TO SOUTHBOUND 1 Sign Removal TRAFFIC Type of Device Size Mounting Location NOTICE RUSSELL RD 72" X 48" Two 4" wood posts 100' east of Riverview Blvd S (eastbound) CLOSED TO SOUTHBOUND TRAFFIC RUSSELL ROAD/ DETOUR 30" X 12" and 4" wood post 400' east of Russell Road (eastbound) 30" X 24" RUSSELL ROAD/DETOUR 30" X 12" and 4"wood post 800' east of Russell Road (eastbound) 30" X 24" DETOUR 30" X 24" 4" wood post 200' west of 641h Ave. S. (eastbound) CAUTION ONE LANE 60" X 48" Two 4"wood posts 700' east of Russell Road (westbound) ROAD ON FRAGER ROAD Russell Road between S. 228th St. and S. 212th St. 98 delineator posts NA Bolt to pavement Between S 228th St and S. 212th St Vertical panel 8" X 24" Bolt to pavement 700' north of S. 228th St. Vertical panel 8" X 24" Bolt to pavement 5200' north of S. 228th St. WRONG WAY 36" X 24" 4" wood post 3000' north of S. 2281h St (northbound) WRONG WAY 36"X 24" 4" wood post 3300' north of S. 228th St. (northbound) WRONG WAY 36"X 24" 4" wood post 4000' north of S 228th St. (northbound) ONE WAY 36"X 12" 4" wood post 4000' north of S. 228th St (northbound) ONE WAY 36"X 12" 4" wood post 4300' north of S 228th St (northbound) LEFT TURN ONLY 30"X 36" 4" wood post 4300' north of S 228th St. (northbound) ONE WAY 36"X 12" 4"wood post 4500' north of S 228th St (northbound) LEFT TURN ONLY 30"X 36" 4"wood post 4500' north of S. 228th St. (northbound) WRONG WAY 36"X 24" 4" wood post 4700' north of S 228th St (northbound) ONE WAY 36"X 12" 4"wood post 4700' north of S. 228th St (northbound) 2 Sign Removal Type of Device Size Mounting Location ONE WAY 36"X 12" 4"wood post 4800' north of S 2281h St (northbound) ONE WAY 36"X 12" 4"wood post 4900' north of S 228th St (northbound) WRONG WAY 36"X 24" 4" wood post 4900' north of S. 228t St (northbound) Type III barricade NA NA At S 212"St. ROAD CLOSED 36"X 24" On barricade At S. 2121h St. RUSSELL ROAD 30"X 12" On barricade At S 212th St Frager Rd.from S. 204`h St. to S. 212`h St. 56 delineator posts NA Bolt to pavement S. 204"St to S. 212th St 20 MPH 24"X 24" 4" wood post 200' north of S. 212th St (northbound) 20 MPH 24"X 24" 4" wood post 2000' north of S 2121h St. (northbound) 20 MPH 24"X 24" 4" wood post At S. 204th St (southbound) YIELD/TO ONCOMING 36"X 36" and 4"wood post 200' south of S. 204th St (southbound) TRAFFIC 24"X 18" YIELD/TO ONCOMING 36" X 36" and 4"wood post 600' south of S. 204th St (southbound) TRAFFIC 24" X 18" YIELD/TO ONCOMING 36"X 36" and 4"wood post 1200' south of S 204th St. (southbound) TRAFFIC/20 MPH 24"X 18" and 24"X 24" YIELD/TO ONCOMING 36"X 36" and 4"wood post 1800' south of S 204th St. (southbound) TRAFFIC 24"X 18" YIELD/TO ONCOMING 36"X 36"and 4"wood post 2300' south of S 204th St. (southbound) TRAFFIC 24" X 18" ,9TTTk Frager Rd. from S. 216th St.to S. 212th St. 57 delineator posts NA Bolt to pavement S 2161h St. to S 212th St WATCH FOR ONCOMING 48"X 48"and 4"wood post 100' north of S. 216th St. (northbound) TRAFFIC/20 MPH 24" X 24" 3 Sign Removal Type of Device Size Mounting Location ROAD CLOSED AHEAD 36"X 24" 4"wood post 200' south of S. 212`h St (southbound) YIELD/TO ONCOMING 36"X 36" and 4"wood post 200' south of S 212`h St (southbound) TRAFFIC 24"X 18" YIELD/TO ONCOMING 36" X 36" and 4" wood post 400' south of S 212`h St (southbound) TRAFFIC 24"X 18" 20 MPH 24"X 24" 4" wood post 600' south of S. 212`h St (southbound) YIELD/TO ONCOMING 36"X 36"and 4"wood post 900'south of S. 212`h St. (southbound) TRAFFIC 24"X 18" YIELD/TO ONCOMING 36"X 36"and 4"wood post 1200' south of S 212` St. (southbound) TRAFFIC 24"X 18" ROAD CLOSED 1000 FEET 60"x 30" Two 4"wood posts At S 216`h St AHEAD LOCAL TRAFFIC ONLY NO TURNAROUND 48"X 48" 4"wood post At S 216`h St. BEYOND THIS POINT Green River Trail Points of Access Type of Device Size Mounting Location GREEN RIVER TRAIL OPEN 24"X 18" 4" wood post Approximately river miles 14 6, 14.7, 16 0, 16 8, TO PEDESTRIANS 17.1, 17.2, 18 3, 18.7, 18 9, 19 2, 19.3, 19 5, 19.7, BICYCLES USE ALTERNATE 20 0, 20.1, 20 3, 20 4, 21.2, 21.3, 218, 22 0, 22 1, ROUTE 23 0, 23 1, 23 2, 24.0, 25 1, 25.3, 25 4, 25 9, 26.1, WWW.CHOOSEKENT COM and 26 2 Removal and disposal of the above listed signs and directional devices are to be coordinated with the City of Kent Public Works Street Operations Supervisor for Signs and Pavement Markings,Tom Rusbuldt at 253-856-5673 4 PREVAILING WAGE RATES Giant Sandbag Removal - Rebid/Horn A - 7 June 4, 2012 Project Number 12-3002 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. Journey Level Prevailing Wage Rates for the Effective Date: 06/26/2012 County Trade Job Classification_ Wage lHotiday Overtime Note King Asbestos Abatement Workers Journey Level $40.03 5D 1 H King Boilermakers Journey Level $60.24 5N 1C King Brick Mason Brick And Block Finisher $41.41 5A 1M King Brick Mason Journey Level $48.27 5A 1M King Brick Mason Pointer-Caulker-Cleaner $48.27 5A 1M King Building Service Employees Janitor $19.52 5S 2F King Building Service Employees Traveling Waxer/shampooer $19.93 5S 2F King Building Service Employees Window Cleaner (Scaffold) $23.94 55 2F King Building Service Employees Window Cleaner(non-scaffold) $23.08 5S 2F King Cabinet Makers (In Shop) Journey Level $22.74 1 King Carpenters Acoustical Worker $48.63 5D 1M King Carpenters Bridge, Dock And Wharf Carpenters $48.47 5A 1M King Carpenters Carpenter $48.471 5D 1M King Carpenters Creosoted Material $48.57 5D 1M King Carpenters Floor Finisher $48.60 5D 1M King Carpenters Floor Layer $48.60 5D 1M King Carpenters Floor Sander $48.60 5D 1M King Carpenters Sawfiler $48.60 5D 1M King Carpenters Shingler $48.60 5D 1M King Carpenters Stationary Power Saw Operator $48.60 5D 1M King Carpenters Stationary Woodworking Tools $48.60 5D 1M King Cement Masons Journey Level $49.15 7A 1M King Divers Et Tenders Diver $100.28 5D 1M 8A King Divers Et Tenders Diver On Standby $56.68 5D 1M King Divers Et Tenders Diver Tender $52.231 5D 1M King Divers Et Tenders Surface Rcv Et Rov Operator $52.23 5D 1M King Divers Et Tenders Surface Rcv Et Rov Operator Tender $48.67 5A 1 B King Dredge Workers Assistant Engineer $49.57 51) 1T 8L King Dredge Workers Assistant Mate(deckhand) $49 06 5D 1T 8L King Dredge Workers Engineer Welder $49.62 5D 1T 8L King Dredge Workers Leverman, Hydraulic $51.191 5D 1T 8L King Dredge Workers Maintenance $49 06 5D 1T 8L King Dredge Workers Mates And Boatmen $49 57 5D 1T 8L King Dredge Workers Oiler $49.19 5D 1T 8L King Drywall Applicator Journey Level $48 47 5D 1M King Drywall Tapers Journey Level $48.79 5P IIE King Electrical Fixture Maintenance Journey Level $25.34 5L IIE Workers King Electricians_-_Inside Cable Splicer $61 93 7C 2W King Electrician_s_- Inside Cable Splicer (tunnel) $66 55 7C 2W King Electricians - Inside Certified Welder $59.83 7C 2W King Electricians - Inside Certified Welder (tunnel) $64.23 7C 2W King Electricians - Inside Construction Stock Person $31 83 7C 2W King Electricians - inside Journey Level $57.72 7C 2W King Electricians - Inside Journey Level (tunnel) $61.93 7C 2W King Electricians - Motor Shop Craftsman $15.37 1 King Electricians - Motor Shop Journey Level $14.69 1 King Electricians - Powerhne Construction Cable Splicer $64.95 5A 4A King Electricians - Powerhne Construction Certified Line Welder $59.37 5A 4A King Electricians - Powertine Construction Groundperson $42.16 5A 4A King Electricians - Powerhne Construction Head Groundperson $44.50 5A 4A King Electricians - Powerhne Construction Heavy Line Equipment Operator $59 37j 5A 4A King Electricians - Powerhne Construction Jackhammer Operator $44.50 5A 4A 'King Electricians - Powertine Construction Journey Level Lineperson $59.37 5A 4A King Electricians - Powerhne Construction Line Equipment Operator $49.95 5A 4A King Electricians - Powertine Construction Pole Sprayer $59.37 5A 4A King Electricians - Powertine Construction Powderperson $44.50 5A 4A King Electronic Technicians Journey Level $31 001 1 King Elevator Constructors Mechanic $75.24 7D 4A King Elevator Constructors Mechanic In Charge $82.00 7D 4A King Fabricated Precast Concrete All Classifications - In-Factory Work $14.15 5B 2K Products Only King Fence Erectors Fence Erector $15.18 1 King Flaggers Journey Level $33.931 7A 2Y King Glaziers Journey Level $50.91 7L 1Y King Neat Ft Frost Insulators And Asbestos Journeyman $55.68 5J 1s Workers King Heating Equipment Mechanics Journey Level $67.82 7F 1E King Hod Carriers Ft Mason Tenders Journey Level $41.28 7A 2Y King Industrial Engine And Machine Journey Level $15.65 1 Mechanics King Industrial Power Vacuum Cleaner Journey Level $9.24 1 King Inland Boatmen Boat Operator $51.95 5B 1K King Inland Boatmen Cook $48 62 5B 1K 'King Inland Boatmen Deckhand $48 62 5B 1_K King Inland Boatmen Deckhand Engineer $49.60 5B 1K King Inland Boatmen Launch Operator $50.801 5B 1K 'King Inland Boatmen Mate $50.80 5B 1K King Inspection/Cleaning/Seating Of Cleaner Operator, Foamer Operator $31.49 1 j Sewer Ft Water Systems-By Remote Control King Inspection/Cleaning/Sealing Of Grout Truck Operator $11.48 1 Sewer Et Water Systems By Remote i Control ;King Inspection/Cleaning/Sealing Of Head Operator $24.91 1 Sewer Et Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Technician $19.33 1 Sewer Et Water Systems By Remote Control King Inspection/Cleaning/Seating Of Tv Truck Operator $20.45 1 Sewer Et Water Systems By Remote Control King Insulation Applicators Journey Level $48.47 5D 1M King Ironworkers Journeyman $58.27 7N 10 King Laborers Air, Gas Or Electric Vibrating Screed $40.031 7A 2Y King Laborers Airtrac Drill Operator $41.281 7A 2Y King Laborers Ballast Regular Machine $40.03 7A 2Y King Laborers Batch Weighman $33.93 7A 2Y ; King Laborers Brick Pavers $40.03 7A 2Y King Laborers Brush Cutter $40.03 7A 2Y King Laborers Brush Hog Feeder $40.03 7A 2Y King Laborers Burner $40.03 7A 2Y King Laborers Caisson Worker $41.28 7A 2Y King Laborers Carpenter Tender $40.031 7A 2Y King Laborers Caulker $40.03 7A 2Y King Laborers Cement Dumper-paving $40.77 7A 2Y King Laborers Cement Finisher Tender $40.03 7A 2Y King Laborers Change House Or Dry Shack $40.03 7A 2Y King Laborers Chipping Gun (under 30 Lbs.) $40.03 7A 2Y King Laborers Chipping Gun(30 Lbs. And Over) $40.77 7A 2Y King Laborers Choker Setter $40.03 7A 2Y King Laborers Chuck Tender $40.03 7A 2Y King Laborers Clary Power Spreader $40.77 7A 2Y King Laborers Clean-up Laborer $40.03 7A 2Y King Laborers Concrete Dumper/chute Operator $40.77 7A 2Y King Laborers Concrete Form Stnpper $40.03 7A 2Y King Laborers Concrete Placement Crew $40.77 7A 2Y King Laborers Concrete Saw Operator/core Driller $40.77 7A 2Y King Laborers Crusher Feeder $33.93 7A 2Y King Laborers Curing Laborer $40.03 7A 2Y King Laborers Demolition. Wrecking Et Moving $40.03 7A 2Y (incl. Charred Material) King Laborers Ditch Digger $40.03 7A 2Y King Laborers Diver $41.28 7A 2Y King Laborers Drill Operator (hydraulic,diamond) $40.77 7A 2Y King Laborers Dry Stack Walls $40.03 7A 2Y King Laborers Dump Person $40.03 7A 2Y King Laborers Epoxy Technician $40.03 7A 2Y King Laborers Erosion Control Worker $40.03 7A 2Y King Laborers Faller Et Bucker Chain Saw $40.77 7A 2Y King Laborers Fine Graders $40.03 7A 2Y King Laborers Firewatch $33.93 7A 2Y a wbv va a i King Laborers Form Setter $40.031 7A 2Y King Laborers Gabian Basket Builders $40.03 7A 2Y King Laborers General Laborer $40 03 7A 2Y King Laborers Grade Checker l3 Transit Person $41 28 7A 2Y King Laborers Grinders $40.03 7A 2Y King Laborers Grout Machine Tender $40.03 7A 2Y King Laborers Groutmen (pressure)including Post $40.77 7A 2Y Tension Beams King Laborers Guardrail Erector $40.03 7A 2Y King Laborers Hazardous Waste Worker (level A) $41.28 7A 2Y King Laborers Hazardous Waste Worker (level B) $40.77 7A 2Y King Laborers Hazardous Waste Worker (level C) $40.03 7A 2Y King Laborers High Scaler $41.28 7A 2Y King Laborers Jackhammer $40.771 7A 2Y King Laborers Laserbeam Operator $40.77 7A 2Y King Laborers Maintenance Person $40.03 7A 2Y King Laborers Manhole Builder-mudman $40.77 7A 2Y King Laborers Material Yard Person $40.03 7A 2Y King Laborers Motorman-dinky Locomotive $40 77 7A 2Y King Laborers Nozzleman (concrete Pump, Green $40.77 7A 2Y Cutter When Using Combination Of High Pressure Air Et Water On Concrete It Rock, Sandblast, Gumte, Shotcrete, Water Bla King Laborers Pavement Breaker $40.77 7A 2Y King Laborers Pilot Car $33.93 7A 2Y ;King Laborers Pipe Layer Lead $41.28 7A 2Y King Laborers Pipe Layer/tailor $40.77 7A 2Y King Laborers Pipe Pot Tender $40.77 7A 2Y King Laborers Pipe Reliner $40.77 7A 2Y King Laborers Pipe Wrapper $40 771 7A 2Y King Laborers Pot Tender $40.03 7A 2Y King Laborers Powderman $41.28 7A 2Y King Laborers Powderman's Helper $40 03 7A 2Y King Laborers Power Jacks $40.77 7A 2Y King Laborers Railroad Spike Puller - Power $40.77 7A 2Y King Laborers Raker - Asphalt $41.281 7A 2Y King Laborers Re-timberman $41.281 7A 2Y King Laborers Remote Equipment Operator $40.77 7A 2Y King Laborers Rigger/signaL Person $40.77 7A 2Y King Laborers Rip Rap Person $40.03 7A 2Y King Laborers Rivet Buster $40.77 7A 2Y King Laborers Rodder $40.77 7A 2Y King Laborers Scaffold Erector $40.03 7A 2Y King Laborers Scale Person $40.03 7A 2Y King Laborers Sloper (over 20") $40.77 7A 2Y King Laborers SLoper Sprayer $40.03 7A 2Y King Laborers Spreader (concrete) $40.77 7A 2Y King Laborers Stake Hopper $40.031 7A 2Y King Laborers Stock Piler $40.031 7A 2Y King Laborers Tamper Et Similar Electnc, Air Et Gas $40.77 7A 2Y Operated Tools King Laborers Tamper (multiple Et Self-propelled) $40.77 7A 2Y ! King Laborers Timber Person - Sewer (lagger, $40.77 7A 2Y Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $40 03 7A 2Y King Laborers Topper $40.03 7A 2Y King Laborers Track Laborer $40.031 7A 2Y King Laborers Track Liner (power) $40.77 7A 2Y King Laborers Truck Spotter $40.03 7A 2Y King Laborers Tugger Operator $40.77 7A 2Y King Laborers Tunnel Work-Compressed Au Worker $52.08 7A 2Y 8Q 0-30 psi King Laborers Tunnel Work-Compressed Au Worker $57.08 7A 2Y 8 30.01-44.00 psi i King Laborers Tunnel Work-Compressed Air Worker $60.76 7A 2Y 8Q P 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air Worker $66.46 7A 2Y 8Q 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air Worker $68.58 7A 2Y 88 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air Worker $73.68 7A 2Y 64.01-68.00 psi =King Laborers Tunnel Work-Compressed Air Worker $75.58 7A 2Y 8Q 68.01-70.00 psi King Laborers Tunnel Work-Guage and Lock Tender $41.38 7A 2Y 8Q King Laborers Tunnel Work-Miner $41 38 7A 2Y 80 King Laborers Vibrator $40.77 7A 2Y King Laborers Vinyl Seamer $40.031 7A 2Y King Laborers Watchman $30.841 7A 2Y King Laborers Welder $40.77 7A 2Y King Laborers Well Point Laborer $40.77 7A 2Y King Laborers Window Washer/cleaner $30.84 7A 2Y King Laborers_- Underground Sewe -8t General Laborer Et Topman $40.03 7A 2Y Water King Laborers - Underground Sewer Et Pipe Layer $40.77 7A 2Y Water King Landscape Construction Irrigation Or Lawn Sprinkler $13.56 1 Installers King Landscape Construction Landscape Equipment Operators Or $28.17 1 Truck Drivers King Landscape Construction Landscaping or Planting Laborers $17.87 1 King Lathers Journey Level $48.74 5D 1H King Marble Setters Journey Level $48.27 5A 1M King Metal Fabrication (In Shop) Fitter $15.86 1 King Metal Fabrication (In Shop) Laborer $9.78 1 King Metal Fabrication (In Shop) Machine Operator $13.04 1 King Metal Fabrication (In Shop) Painter $11.10 1 King Metal Fabrication (In Shop) Welder $15.48 1 King Millwright Journey Level $49.47 5D 1M King Modular Buildings Cabinet Assembly $11.56 1 . T , , /nn/n il,n King Modular Buildings Electrician $11.561 1 King Modular Buildings Equipment Maintenance $11.56 1 King Modular Buildings Plumber $11.56 1 King Modular Buildings Production Worker $9.40 1 King Modular Buildings Toot Maintenance $11.56 1 King Modular Buildings Utility Person $11.56 1 King Modular Buildings Welder $11.561 1 King Painters Journey Level $35.72 6Z 2B King Pile Driver Journey Level $48.67 5A 1M King Plasterers Journey Level $46.88 7Q 1R King Playground Et Park Equipment Journey Level $9.04 1 Installers King Plumbers Et Pipefitters Journey Level $70.841 6Z 1G King Power Equipment Operators Asphalt Plant Operators $50.39 7A 1T 8P King Power Equipment Operators Assistant Engineer $47.12 7A 1T 8P King Power Equipment Operators Barrier Machine (zipper) $49.90 7A 1T 8P King Power Equipment Operators Batch Plant Operator, Concrete $49.90 7A 1T 8P King Power Equipment Operators Bobcat $47.12 7A 1T 8P King Power Equipment Operators Brokk - Remote Demolition $47.12 7A 1T 8P Equipment King Power Equipment Operators Brooms $47.12 7A 1T 8P King Power Equipment Operators Bump Cutter $49.90 7A 1T 8P King Power Equipment Operators Cableways $50.39 7A 1T 8P King Power Equipment Operators Chipper $49.90 7A 1T 8P King Power Equipment Operators Compressor $47.12 7A 1T 8P King Power Equipment Operators Concrete Pump: Truck Mount With $50.39 7A 1T 8P Boom Attachment Over 42 M King Power Equipment Operators Concrete Finish Machine -laser $47.12 7A 1T 8P Screed King P_o_wer Equipment Operators Concrete Pump - Mounted Or Trailer $49.48 7A 1T 8P High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators Concrete Pump. Truck Mount With $49.90 7A 1T 8P Boom Attachment Up To 42m King Power Equipment Operators Conveyors $49.48 7A 1T 8P King Power Equipment Operators Cranes 20 Tons Through 44 Tons $49.90 7A 1T 8P With Attachments Overhead, Bridge Type Crane: 20 Tons Through 44 Tons King Power Equipment Operators Cranes 100 Tons Through 199 Tons, $50 94 7A 1T 8P 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. King Power Equipment Operators Cranes- 200 Tons To 300 Tons, Or $51.51 7A 1T 8P 250' Of Boom (including Jib With Attachments) ;King Power Equipment Operators Cranes: 45 Tons Through 99 Tons, $50.39 7A 1T 8P Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes A-frame - 10 Tons And Under $47.121 7A I 1T I 8P King Power Equipment Operators Cranes: Friction 100 Tons Through $51.51 7A I 1T I 8P • rir n i • i i •t+ • • � nnnn•n 199 Tons King Power Equipment Operators Cranes: Fnction Over 200 Tons $52.07 7A 1T 8P King Power Equipment Operators Cranes: Over 300 Tons Or 300' Of $52.07 7A 1T 8P Boom (including Jib With l Attachments) lKing Power Equipment Operators Cranes- Through 19 Tons With $49.48 7A 1T 8P Attachments A-frame Over 10 Tons King Power Equipment Operators Crusher $49.90 7A 1T 8P King Power Equipment Operators Deck Engineer/deck Winches $49.90 7A 1T 8P (power) King Power Equipment Operators Derricks, On Building Work $50.39 7A 1T 8P King Power Equipment Operators Dozer Quad 9, HD 41, D10 and Over $50.39 7A 1T 8P King Power Equipment Operators Dozers D-9 Et Under $49.481 7A 1T 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck Or $49.48 7A 1T 8P Crane Mount King Power Equipment Operators Drilling Machine $49 90 7A 1T 8P King Power Equipment Operators Elevator And Man-lift: Permanent $47 12 7A 1T 8P And Shaft Type King Power Equipment Operators Finishing Machine, Bidwell And $49 90 7A 1T 8P Gamaco Et Similar Equipment ;King Power Equipment Operators Forklift: 3000 Lbs And Over With $49.48 7A 1T 8P Attachments King Power Equipment Operators Forklifts: Under 3000 Lbs. With $47 12 7A 1T 8P Attachments King Power Equipment Operators Grade Engineer: Using Blue Prints, $49.90 7A 1T 8P Cut Sheets, Etc King Power Equipment Operators Gradechecker/stakeman $47.12 7A 1T 8P King Power Equipment Operators Guardrail Punch/Auger $49.90 7A 1T 8P King Power Equipment Operators Hard Tail End Dump Articulating Off- $50.39 7A 1T 8P Road Equipment 45 Yards. Et Over King Power Equipment Operators Hard Tail End Dump Articulating Off- $49.90 7A 1T 8P road Equipment Under 45 Yards King Power Equipment Operators Horizontal/directional Drill Locator $49.48 7A 1T 8P King Power Equipment Operators Horizontal/directional Drill Operator $49.90 7A 1T 8P King Power Equipment Operators Hydrahfts/boom Trucks Over 10 $49.48 7A 1T 8P Tons King Power Equipment Operators Hydrahfts/boom Trucks, 10 Tons And $47.12 7A 1T 8P Under King Power Equipment Operators Loader, Overhead 8 Yards. Et Over $50.94 7A 1T 8P King Power Equipment Operators Loader, Overhead, 6 Yards. But Not $50.39 7A 1T 8P Including 8 Yards King Power Equipment Operators Loaders, Overhead Under 6 Yards $49.90 7A 1T 8P King Power Equipment Operators Loaders, Plant Feed $49.90 7A 1T 8P King Power Equipment Operators Loaders: Elevating Type Belt $49.48 7A 1T 8P King Power Equipment Operators Locomotives, All $49.901 7A 1T 8P King Power Equipment Operators Material Transfer Device $49.90 7A 1T 8P King Power Equipment Operators Mechanics, All (leadmen - $0.50 Per $50 94 7A 1T 8P i Hour Over Mechanic) King Power Equipment Operators Mixers: Asphalt Plant $49 90 7A 1T 8P King Power Equipment Operators Motor Patrol Grader - Non-finishing $49.48 7A 1T 8P King Power Equipment Operators Motor Patrol Graders, Finishing $50.39 7A 1T 8P King Power Equipment Operators Mucking Machine, Mole, Tunnel Drill, $50.39 7A 1T 8P i i Boring, Road Header And/or Shield King Power Equipment Operators Oil Distributors, Blower Distribution $47.12 7A 1T 8P 8 Mulch Seeding Operator King Power Equipment Operators Outside Hoists (elevators And $49.48 7A 1T 8P j Manhfts), Air Tuggers,strato King Power Equipment_Operators Overhead, Bridge Type: 45 Tons $50.39 7A 1T 8P Through 99 Tons King Power Equipment Operators Pavement Breaker $47.121 7A 1T 8P King Power Equipment Operators Pile Driver (other Than Crane Mount) $49.90 7A 1T 8P King Power Equipment Operators Plant Oiler - Asphalt, Crusher $49.48 7A 1T 8P King Power Equipment Operators Posthole Digger, Mechanical $47 12 7A 1T 8P King Power Equipment Operators Power Plant $47.12 7A 1T 8P King Power Equipment Operators Pumps - Water $47.12 7A 1T 8P King Power-Equipment Operators Quick Tower - No Cab, Under 100 $47.12 7A 1T 8P Feet In Height Based To Boom King Power Equipment Operators Remote Control Operator On Rubber $50 39 7A 1T 8P Tired Earth Moving Equipment King Power Equipment Operators Rigger And Bellman $47.12 7A 1T 8P King Power Equipment Operators Rollagon $50 39 7A 1T 8P King Power Equipment Operators Roller, Other Than Plant Mix $47 12 7A 1_T 8P King Power Equipment Operators Roller, Plant Mix Or MUIti-lift $49.48 7A 1T 8P Materials King Power Equipment Operators Roto-mill, Roto-grinder $49.90 7A 1T 8P King Power Equipment Operators Saws - Concrete $49 48 7A 1T 8P King Power Equipment Operators Scraper, Self Propelled Under 45 $49.90 7A 1T 8P Yards j King Power Equipment Operators Scrapers - Concrete 8 Carry All $49 48 7A 1T 8P King Power Equipment Operators Scrapers, Self-propelled: 45 Yards $50.39 7A 1T 8P And Over King Power Equipment Operators Service Engineers - Equipment $49.48 7A 1T 8P King Power Equipment Operators Shotcrete/gunrte Equipment $47.12 7A 1T 8P King Power-Equipment Operators Shovel , Excavator, Backhoe, $49.48 7A 1T 8P Tractors Under 15 Metric Tons. King Power Equipment Operators Shovel, Excavator, Backhoe: Over 30 $50.39 7A 1T 8P Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes, $49.90 7A 1T 8P Tractors: 15 To 30 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes Over $50.94 7A 1T 8P 50 Metric Tons To 90 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: Over $51.51 7A 1T 8P 90 Metric Tons King Power Equipment Operators Shpform Pavers $50.39 7A 1T 8P King Power Equipment Operators Spreader, Topsider Et Screedman $50.39 7A 1T 8P King Power Equipment Operators Subgrader Trimmer $49.90 7A 1T 8P King Power Equipment Operators Tower Bucket Elevators $49,48 7A 1T 8P King Power Equipment Operators Tower Crane Over 175'in Height, $51.51 7A 1T _8_P Base To Boom i King Power Equipment Operators Tower Crane Up To 175' In Height $50.94 7A 1T 8P Base To Boom 'King Power Equipment Operators Transporters, All Track Or Truck $50.39 7A 1T 8P Type King Power Equipment Operators Trenching Machines $49.48 7A 1_T 8P King _Power Equipment Operators Truck Crane Oiler/driver - 100 Tons $49.90 7A 1T 8P And Over King Power Equipment Operators Truck Crane Oiler/driver Under 100 $49.48 7A 1T 8P Tons King Power Equipment Operators Truck Mount Portable Conveyor $49.90 7A 1T 8P King Power Equipment Operators Welder $50.391 7A 1T 8P King Power Equipment Operators Wheel Tractors, Farman Type $47.12 7A 1T 8P King Power Equipment Operators Yo Yo Pay Dozer $49.90 7A 1T 8P King Power Equipment Operators- Asphalt Plant Operators $50 39 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Assistant Engineer $47.12 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Barrier Machine (zipper) $49.90 7A 1T 8P Underground Sewer 5t Water King Power Equipment Operators- Batch Plant Operator, Concrete $49.90 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Bobcat $47.12 7A 1T 8P li Underground Sewer a Water King Power Equipment Operators- Brokk - Remote Demolition $47.12 7A 1T 8P Underground Sewer Et Water Equipment King Power Equipment Operators- Brooms $47.12 7A 1T 8P Underground Sewer 8t Water King Power Equipment Operators- Bump Cutter $49.90 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Cableways $50.39 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Chipper $49.90 7A 1T 8P Underground Sewer Et Water King Power_E ui ment Operators- Compressor $47.12 7A 1T 8P Underground Sewer a Water King Power Equipment Operators- Concrete Pump: Truck Mount With $50.39 7A 1T 8P Underground Sewer Et Water Boom Attachment Over 42 M King Power Equipment Operators- Concrete Finish Machine -laser $47.12 7A 1T 8P Underground Sewer Et Water Screed King Power Equipment Operators- Concrete Pump - Mounted Or Trailer $49.48 7A 1T 8P Underground Sewer Et Water High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators- Concrete Pump: Truck Mount With $49.90 7A 1T 8P Underground Sewer Et Water Boom Attachment Up To 42m King Power_Equipment_Operators- Conveyors $49.48 7A 1T 8P Underground Sewer Et Water i King Power Equipment Operators- Cranes: 20 Tons Through 44 Tons $49.90 7A 1T 8P Underground Sewer Et Water With Attachments Overhead, Bridge Type Crane 20 Tons Through 44 Tons King Power Equipment Operators- Cranes: 200 Tons To 300 Tons, Or $51.51 7A 1T 8P Underground Sewer Et_Water 250' Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes- 45 Tons Through 99 Tons, $50.39 7A 1T 8P Underground Sewer Et Water Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: A-frame - 10 Tons And Under $47.12 7A 1T 8P -.Underground Sewer_Et_Water King Power Equipment Operators- Cranes: Friction 100 Tons Through $51.51 7A LIT 8P Underground-Sewer Et Water 199 Tons + r r r n r + • r�r • + � n n rn...n King Power Equipment Operators- Cranes* Friction Over 200 Tons $52.07 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Cranes, Over 300 Tons Or 300' Of $52.07 7A 1T 8P Underground Sewer Et Water Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: Through 19 Tons With $49.48 7A 1T 8P Underground Sewer Et Water Attachments A-frame Over 10 Tons King Power Equipment Operators- Crusher $49.90 7A 1T 8P Underground Sewer_Et Water King Power Equipment Operators- Deck Engineer/deck Winches $49.90 7A 1T 8P Underground Sewer Et Water (power) King Power Equipment Operators- Derricks, On Building Work $50.39 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Dozer Quad 9, HD 41, D10 and Over $50.39 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Dozers D-9 Et Under $49.48 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck Or $49.48 7A 1T 8P Underground Sewer Et Water Crane Mount King Power Equipment Operators- Drilling Machine $49.90 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Elevator And Man-lift: Permanent $47.12 7A 1T 8P Underground Sewer Et Water And Shaft Type t King Power Equipment Operators- Finishing Machine, Bidwell And $49.90 7A 1T 8P Underground Sewer Et Water Gamaco Et Similar Equipment King Power Equipment Operators- Forklift: 3000 Lbs And Over With $49.48 7A 1T 8P Underground Sewer Et Water Attachments King Power Equipment Operators- Forklifts. Under 3000 Lbs. With $47.12 7A 1T 8P Underground Sewer Et Water Attachments King Power Equipment Operators- Grade Engineer: Using Blue Prints, $49.90 7A 1T 8P Underground Sewer Et Water Cut Sheets, Etc King Power Equipment Operators- Gradechecker/stakeman $47.12 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Guardrail Punch/Auger $49.90 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Hard Tail End Dump Articulating Off- $50.39 7A 1T 8P Underground Sewer Et Water Road Equipment 45 Yards. Et Over King Power Equipment Operators- Hard Tail End Dump Articulating Off- $49.90 7A 1T 8P Underground Sewer Et Water road Equipment Under 45 Yards King Power Equipment Operators- Horizontal/directional Drill Locator $49.48 7A 1T 8P Underground Sewer & Water King Power Equipment Operators- Horizontal/directional Drill Operator $49.90 7A 1T 8P Underground Sewer Et Water King Power r-Equipment Operators- Hydralifts/boom Trucks Over 10 $49.48 7A 1T 8P Underground Sewer Et Water Tons King Power Equipment Operators- Hydrahfts/boom Trucks, 10 Tons And $47.12 7A 1T 8P Underground Sewer Et Water Under King Power Equipment Operators- Loader, Overhead 8 Yards. Et Over $50.94 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Loader, Overhead, 6 Yards. But Not $50.39 7A 1T 8P j Underground Sewer Et Water Including 8 Yards King Power Equipment Operators- Loaders, Overhead Under 6 Yards $49.90 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Loaders, Plant Feed $49.90 7A 1T 8P Underground Sewer Et Water King Power_Equipment_Operators- Loaders: Elevating Type Belt $49.48 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Locomotives, All $49.90 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Material Transfer Device $49.90 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Mechanics, All (leadmen - $0 50 Per $50 94 7A 1T 8P Underground Sewer Et Water Hour Over Mechanic) King Power Equipment Operators- Mixers. Asphalt Plant $49.90 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Motor Patrol Grader - Non-finishing $49.48 7A 1T 8P Un_d_ergro_u_nd_Sewer_Et Water King Power Equipment Operators- Motor Patrol Graders, Finishing $50.39 7A 1T 8P Underground Sewer Et Water ,King Power Equipment Operators- Mucking Machine, Mole, Tunnel Drill, $50.39 7A 1T 8P Underground Sewer Et Water Boring, Road Header And/or Shield King Power Equipment Operators- Oil Distributors, Blower Distribution $47.12 7A 1T 8P Underground Sewer Et Water Et Mulch Seeding Operator King Power Equipment Operators- Outside Hoists (elevators And $49.48 7A 1T 8P Underground Sewer Et Water Manlifts), Air Tuggers,strato King Power Equipment Operators- Overhead, Bridge Type: 45 Tons $50.39 7A 1T 8P Underground Sewer Et Water Through 99 Tons King Power Equipment Operators- Pavement Breaker $47.12 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Pile Driver (other Than Crane Mount) $49.90 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Plant Oiler - Asphalt, Crusher $49.48 7A 1T 8P Underground Sewer Et Water 1King Power Equipment Operators- Posthole Digger, Mechanical $47.12 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Power Plant $47.12 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Pumps - Water $47.12 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Quick Tower - No Cab, Under 100 $47.12 7A 1T 8P Underground Sewer Et Water Feet In Height Based To Boom King Power Equipment Operators- Remote Control Operator On Rubber $50.39 7A 1T 8P Underground Sewer Et Water Tired Earth Moving Equipment King Power Equipment Operators- Rigger And Bellman $47.12 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Rollagon $50.39 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $47.12 7A 1T 8P Underground Sew_e_r_& Water King Power Equipment Operators- Roller, Plant Mix Or Multi-lift $49.48 7A 1T 8P Underground Sewer Et Water Materials King Power Equipment_Operators- Roto-mill, Roto-grinder $49.90 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Saws - Concrete $49.48 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Scraper, Self Propelled Under 45 $49.90 7A 1T 8P Underground Sewer Et Water Yards King Power Equipment Operators- Scrapers - Concrete Et Carry All $49.48 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Scrapers, Self-propelled: 45 Yards $50.39 7A 1T 8P i .. •, I ..r , a ubv a..- va a i Underground Sewer It Water And Over King Power Equipment Operators- Service Engineers - Equipment $49.48 7A 1T 8P Underground_Sewer ft Water King Power Equipment Operators- Shotcrete/gumte Equipment $47.12 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Shovel , Excavator, Backhoe, $49.48 7A 1T 8P Underground Sewer Et Water Tractors Under 15 Metric Tons. King Power Equipment Operators- Shovel, Excavator, Backhoe. Over 30 $50.39 7A 1_T 8P Underground Sewer Et Water Metric Tons To 50 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes, $49 90 7A 1T 8P Underground Sewer Et Water Tractors: 15 To 30 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: Over $50.94 7A 1T 8P Underground Sewer Et Water 50 Metric Tons To 90 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: Over $51.51 7A 1T 8P Underground Sewer Et Water 90 Metric Tons King Power Equipment Operators- Slipform Pavers $50.39 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Spreader, Topsider Et Screedman $50.39 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Subgrader Trimmer $49.90 7A 1T 813 Underground Sewer Et Water King Power Equipment Operators- Tower Bucket Elevators $49.48 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Tower Crane Over 175'in Height, $51.51 7A 1T 8P Underground Sewer Et Water Base To Boom King Power Equipment Operators- Tower Crane Up To 175' In Height $50.94 7A 1T 8P Underground Sewer Et Water Base To Boom King Power Equipment Operators- Transporters, All Track Or Truck $50.39 7A 1T 8P Underground Sewer Et Water Type King Power Equipment Operators- Trenching Machines $49.48 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oder/driver - 100 Tons $49.90 7A 1T 8P Und_e_ro..round Sewer Et Water And Over King Power Equipment Operators- Truck Crane Oiler/driver Under 100 $49.48 7A 1T 8P Underground Sewer Et Water Tons King Power Equipment Operators- Truck Mount Portable Conveyor $49.90 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Welder $50.39 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Wheel Tractors, Farmall Type $47.12 7A 1T 8P Underground Sewer Et Water King Power Equipment Operators- Yo Yo Pay Dozer $49.90 7A 1T 8P Underground Sewer Et Water King Power Line Clearance Tree Trimmers Journey Level In Charge $42 91 5A 4A King Power Line Clearance Tree Trimmers Spray Person $40.73 5A 4A King Power Line Clearance Tree Trimmers Tree Equipment Operator $41.29 5A 4A King Power Line Clearance Tree Trimmers Tree Trimmer $38.38 5A 4A King Power Line Clearance Tree Trimmers Tree Trimmer Groundperson $28.95 5A 4A King Refrigeration Et Air Conditioning Journey Level $69.96 6Z 1G Mechanics King Residential Brick Mason Journey Level $48.271 5A 1M King Residential Carpenters Journey Level $28.20 1_ King Residential Cement Masons liourney Level $22.64 1 King lResidential Drywall Applicators lJourney Level $38.08 5D 1M i uEj�: i✓ va i King Residential Drywall Tapers Journey Level $48.791 5P 1E King Residential Electricians JOURNEY LEVEL $30.441 1 King Residential Glaziers Journey Level $34.601 7L 1 H King Residential Insulation Applicators Journey Level $26.28 1 King Residential Laborers Journey Level $23.03 1 King Residential Marble Setters Journey Level $24.09 1 King Residential Painters Journey Level $24.46 1_ King Residential Plumbers Et Pipefitters Journey Level $34.69 1_ King Residential Refrigeration Et Air Journey Level $69.96 6Z 1_G Conditioning Mechanics King Residential Sheet Metal Workers Journey Level (Field or Shop) $40.04 7F 111 King Residential Soft Floor Layers Journey Level $41.95 5A 2Z King Residential Sprinkler Fitters (Fire Journey Level $41.31 5C 2R Protections King Residential Stone Masons Journey Level $48.27 5A 1M King Residential Terrazzo Workers Journey Level $43.93 5A 1M King Residential Terrazzo/Tile Finishers Journey Level $21.46 1 King Residential Tile Setters Journey Level $25.171 1 King Roofers Journey Level $43.65 5A 1R King Roofers Using Irritable Bituminous Materials $46.65 5A 111 King Sheet Metal Workers Journey Level (Field or Shop) $67.82 7F 1 E King Shipbuilding Et Ship Repair Boilermaker $35.83 7M 1H King Shipbuilding Et Ship Repair Carpenter $36.62 70 3B King Shipbuilding Et Ship Repair Electrician $36.23 70 3B King Shipbuilding Et Ship Repair Heat Et Frost Insulator $55.68 5.1 15 King Shipbuilding Et Ship Repair Laborer $34.82 70 3B King Shipbuilding a Ship Repair Machinist $36 19 70 3B King Shipbuilding Et Ship Repair Operator $38.58 70 3B King Shipbuilding Et Ship Repair Painter $36.21 70 3B King Shipbuilding Et Ship Repair Pipefitter $36.16 70 3B King Shipbuilding Et Ship Repair Rigger $36.16 70 3B King Shipbuilding Et Ship Repair Sandblaster $35.17 70 3B King Shipbuilding Et Ship Repair Sheet Metal $36.14 70 3B King Shipbuilding Et Ship Repair Shipfitter $36.16 70 3B King Shipbuilding Et Ship Repair Trucker $36.00 70 3B King Shipbuilding Et Ship Repair Warehouse $36 06 70 3B King Shipbuilding Ft Ship Repair Weider/Burner $36.16 70 3B King Sign Makers Et Installers (Electrical) Sign Installer $22.92 1 King Sign Makers Et Installers (Electrical) Sign Maker $21.36 1 King Sign Makers Et Installers (Non- Sign Installer $27.28 1 Electrical) King Sign Makers Et Installers (Non- Sign Maker $33.25 1 Electrical) King Soft Floor Layers Journey Level $41.951 5A 2Z King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Protection) Journey Level $68.79 5C 1X King Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural) King Stone Masons Journey Level $48.27 5A 1M King Street And Parking Lot Sweeper Journey Level $19.09 1 Workers King Surveyors Assistant Construction Site Surveyor $49.48 7A 1T 8P King Surveyors Chainman $48.96 7A 1T 8P King Surveyors Construction Site Surveyor $50 39 7A 1T 8P King Telecommunication Technicians Journey Level $22 76 1 King Telephone Line Construction - Cable Splicer $34.20 5A 2B Outside i King Telephone Line Construction - Hole Digger/Ground Person $18.72 5A 2B Outside King Telephone Line Construction - Installer (Repairer) $32.78 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer 1 $34.20 5A 2B Outside King Telephone Line Construction - Special Apparatus Installer II $33.51 5A 2B Outside King Telephone Line Construction - Telephone Equipment Operator $34.21 5A 2B Outside (Heavy) King Telephone Line_Construction - Telephone Equipment Operator $31.81 5A 2B Outside (Light) King Telephone-Line Construction- Telephone Lineperson $31 81 5A 2B Outside King Telephone Line_Construction - Television Groundperson $18.16 5A 213 Outside King Telephone Line Construction - Television Lineperson/Installer $24.09 5A 2B Outside King Telephone Line Construction - Television System Technician $28.72 5A 2B Outside King Telephone Line Construction - Television Technician $25.81 5A 2B Outside King Telephone Line Construction - Tree Trimmer $31.82 5A 2B Outside King Terrazzo Workers Journey Level $43.93 5A 1M King Tile Setters Journey Level $21.65 1 King T>_le, Marble Et Terrazzo Finishers Finisher $37.76 5A 1B King Traffic Control Stripers Journey Level $40.73 7A 1 K King Truck Drivers Asphalt Mix Over 16 Yards (W. WA- $46.97 5D 3A 8L Joint Council 28) King Truck Drivers Asphalt Mix To 16 Yards (W. WA- $46.13 5D 3A 8L Joint Council 28) King Truck Drivers Dump Truck Et Trailer $46.97 5D 3A 8L King Truck Drivers Dump Truck (W. WA-Joint Council $46 13 5D 3A 8L 28) King Truck Drivers Other Trucks (W. WA-Joint Council $46.97 5D 3A 8L 28) King Truck Drivers Transit Mixer $23.45 1 King Well Drillers Et irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers Et Irrigation Pump Oiler $12 97 1 Installers King Well Drillers Et Irrigation Pump Well Driller $18.00 1 Installers BENEFIT CODE KEY-EFFECTIVE 03-02-2012 THRU 08-30-2012 **x***x***x***xx***xx**xxxx*xx*xxx***x*x*xx**x**xxx********xx*xxx**xx**xx***x***xx***x****a***s***xxx*xx*xxxxxxxxxx*xxxx OVERTIME CODES OVERTIME CALCULATIONS ARE BASED ON THE HOURLY RATE ACTUALLY PAID TO THE WORKER. ON PUBLIC WORKS PROJECTS,THE HOURLY RATE MUST BE NOT LESS THAN THE PREVAILING RATE OF WAGE MINUS THE HOURLY RATE OF THE COST OF FRINGE BENEFITS ACTUALLY PROVIDED FOR THE WORKER. 1 ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY(40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE 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 SUNDAY S 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 OFTEN(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 ONE AND DOUBLE THE HOURLY RATE OF WAGE J THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND THE FIRST TEN(10)HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE ALL HOURS WORKED OVER TEN (10) HOURS MONDAY THROUGH SATURDAY, SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE K. ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE L ALL HOURS WORKED IN EXCESS OF TEN (10) HOURS PER DAY MONDAY THROUGH SATURDAY AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE M ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS IF WORK 1S LOST DUE TO INCLEMENT WEATHER CONDITIONS) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE N. ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE BENEFIT CODE KEY-EFFECTIVE 03-02-2012 THRU 08-30-2012 -2- 1 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 (10) HOURS PER DAY MONDAY THROUGH SATURDAY AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS (EXCEPT CHRISTMAS DAY) SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE ALL HOURS WORKED ON CHRISTMAS DAY SHALL BE PAID AT TWO AND ONE- HALF TIMES THE HOURLY RATE OF WAGE R ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE S THE FIRST TWO (2) HOURS AFTER EIGHT (8) REGULAR HOURS MONDAY THROUGH FRIDAY AND THE FIRST EIGHT(8)HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE ALL 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 T WORK PERFORMED IN EXCESS OF EIGHT (8) HOURS OF STRAIGHT TIME PER DAY, OR TEN (10) HOURS OF STRAIGHT TIME PER DAY WHEN FOUR TEN (10) HOUR SHIFTS ARE ESTABLISHED, OR FORTY (40) HOURS OF STRAIGHT TIME PER WEEK, MONDAY THROUGH FRIDAY, OR OUTSIDE THE NORMAL SHIFT, AND ALL WORK ON SATURDAYS SHALL BE PAID AT TIME AND ONE-HALF THE STRAIGHT TIME RATE HOURS WORKED OVER TWELVE HOURS (12) IN A SINGLE SHIFT AND ALL WORK PERFORMED AFTER 6 00 PM SATURDAY TO 6 00 AM MONDAY AND HOLIDAYS SHALL BE PAID AT DOUBLE THE STRAIGHT TIME RATE OF PAY THE EMPLOYER SHALL HAVE THE SOLE DISCRETION TO ASSIGN OVERTIME WORK TO EMPLOYEES PRIMARY CONSIDERATION FOR OVERTIME WORK SHALL BE GIVEN TO EMPLOYEES REGULARLY ASSIGNED TO THE WORK TO BE PERFORMED ON OVERTIME SITUATIONS AFTER AN EMPLOYEE HAS WORKED EIGHT(8)HOURS AT AN APPLICABLE OVERTIME RATE, ALL ADDITIONAL HOURS SHALL BE AT THE APPLICABLE OVERTIME RATE UNTIL SUCH TIME AS THE EMPLOYEE HAS HAD A BREAK OF EIGHT(8)HOURS OR MORE U ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE ALL HOURS WORKED ON LABOR DAY SHALL BE PAID AT THREE TIMES THE 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 10 WORKWEEK) AND ON SATURDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE (EXCEPT FOR EMPLOYEES WHO ARE ABSENT FROM WORK WITHOUT PRIOR APROVAL ON A SCHEDULED WORKDAY DURING THE WORKWEEK SHALL BE PAID AT THE STRAIGHT-TIME RATE UNTTIL 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 BENEFIT CODE KEY-EFFECTIVE 03-02-2012 THRU 08-30-2012 -3- 1 Z ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID THE STRAIGHT TIME RATE OF PAY IN ADDITION TO HOLIDAY PAY 2 ALL HOURS WORKED IN EXCESS OF EIGHT(8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE 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 Z ALL HOURS WORKED MONDAY THROUGH FRIDAY BETWEEN THE HOURS OF 6 00 P M AND 6 00 A M AND ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, EXCEPT FOR COMMERCIAL, OCCUPIED BUILDINGS WHERE FLOOR COVERING WORK CANNOT BE PERFORMED IN THE REGULAR DAYTIME HOURS DUE TO OCCUPANCY FOR SUCH OCCUPIED, COMMERCIAL BUILDINGS, THE EMPLOYEE MAY AGREE TO WORK BETWEEN THE HOURS OF 6 00 PM TO 6 00 AM MONDAY THROUGH SATURDAY MORNING AT 6 00 AM AT AN OVERTIME PAY RATE OF 10%OVER THE STRAIGHT TIME RATE ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE BENEFIT CODE KEY-EFFECTIVE 03-02-2012 THRU 08-30-2012 -4- 3 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 (S 1 00)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 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 4 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 B ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS IF WORK IS LOST DUE TO INCLEMENT WEATHER CONDITIONS)SHALL BE PAID ATONE 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 HOLIDAY CODES 5 A HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY(7) 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 CHRISTVI AS 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) I HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY(6) I HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY,THANKSGIVING DAY,FRIDAY AFTER THANKSGIVING DAY,CHRISTMAS EVE DAY,AND CHRISTMAS DAY(7) K HOLIDAYS NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY,FRIDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS, AND CHRISTMAS DAY(9) BENEFIT CODE KEY-EFFECTIVE 03-02-2012 THRU 08-30-2012 -5- 5 L HOLIDAYS NEW YEAR'S DAY, MARTIN LUTHER KING JR DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY,THANKSGIVING DAY,FRIDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY(8) N HOLIDAYS NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS'DAY,THANKSGIVING DAY,THE FRIDAY AFTER THANKSGIVING DAY AND CHRISTMAS DAY(9) P HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AND SATURDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS, AND CHRISTMAS DAY (9) IF A HOLIDAY FALLS ON SUNDAY,THE FOLLOWING MONDAY SHALL BE CONSIDERED AS A HOLIDAY R PAID HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, ONE-HALF DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (7 1/2) S PAID HOLIDAYS NEW YEAR'S DAY,PRESIDENTS'DAY,MEMORIAL DAY,INDEPENDENCE DAY,LABOR DAY, THANKSGIVING DAY,AND CHRISTMAS DAY(7) T PAID HOLIDAYS NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY,THANKSGIVING DAY,THE FRIDAY AFTER THANKSGIVING DAY,CHRISTMAS DAY,AND THE DAY BEFORE OR AFTER CHRISTMAS(9) Z HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS DAY, THANKSGIVING DAY,THE FRIDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY(8) 6 A. PAID HOLIDAYS NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY,THE FRIDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY(8) E PAID HOLIDAYS NEW YEAR'S DAY,DAY BEFORE OR AFTER NEW YEAR'S DAY,PRESIDENTS DAY,MEMORIAL DAY,INDEPENDENCE DAY, LABOR DAY,THANKSGIVING DAY,DAY AFTER THANKSGIVING DAY,CHRISTMAS DAY,AND A HALF-DAY ON CHRISTMAS EVE DAY (9 1/2) G PAID HOLIDAYS NEW YEAR'S DAY, MARTIN LUTHER KING JR DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS' DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY,CHRISTMAS DAY,AND CHRISTMAS EVE DAY(11) H PAID HOLIDAYS NEW YEAR'S DAY,NEW YEAR'S EVE DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, THE DAY AFTER CHRISTMAS,AND A FLOATING HOLIDAY(10) I PAID HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY,FRIDAY AFTER THANKSGIVING DAY,AND CHRISTMAS DAY(7) Q PAID HOLIDAYS NEW YEAR'S DAY,MEMORIAL DAY,INDEPENDENCE DAY,LABOR DAY, VETERANS DAY,THANKSGIVING DAY,THE DAY AFTER THANKSGIVING DAY AND CHRISTMAS DAY(8) UNPAID HOLIDAY PRESIDENTS'DAY T PAID HOLIDAYS NEW YEAR'S DAY, PRESIDENTS' DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, THE LAST WORKING DAY BEFORE CHRISTMAS DAY,AND CHRISTMAS DAY(9) 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 MON-DAY SHALL BE CONSIDERED AS THE HOLIDAY 7 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 BENEFIT CODE KEY-EFFECTIVE 03-02-2012 THRU 08-30-2012 -6- 7 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 F. 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 G HOLIDAYS NEW YEAR'S DAY,MEMORIAL DAY,INDEPENDENCE 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 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 I. 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 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 SATLRDAY 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 BENEFIT CODE KEY-EFFECTIVE 03-02-2012 THRU 08-30-2012 -7- 7 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 NOTE CODES 8 A IN ADDITION TO THE HOURLY WAGE AND FRINGE BENEFITS, THE FOLLOWING DEPTH PREMIUMS APPLY TO DEPTHS OF FIFTY FEET OR MORE OVER 50'TO 100'-$2 00 PER FOOT FOR EACH FOOT OVER 50 FEET OVER 100'TO 150'-$3 00 PER FOOT FOR EACH FOOT OVER 100 FEET OVER 150'TO 220'-$4 00 PER FOOT FOR EACH FOOT OVER 150 FEET OVER 220'-$5 00 PER FOOT FOR EACH FOOT OVER 220 FEET C IN ADDITION TO THE HOURLY WAGE AND FRINGE BENEFITS,THE FOLLOWING DEPTH PREMIUMS APPLY TO DEPTHS OF FIFTY FEET OR MORE OVER 50'TO 100'-$1 00 PER FOOT FOR EACH FOOT OVER 50 FEET OVER I OO'TO 150'-$1 50 PER FOOT FOR EACH FOOT OVER 100 FEET OVER 150'TO 200'-$2 00 PER FOOT FOR EACH FOOT OVER 150 FEET OVER 200'-DIVERS MAY NAME THEIR OWN PRICE D WORKERS WORKING WITH SUPPLIED AIR ON HAZMAT PROJECTS RECEIVE AN ADDITIONAL$1 00 PER HOUR. L WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A $0 75, LEVEL B SO 50,AND LEVEL C $0 25 M WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS LEVELS A & B $1 00,LEVELS C&D $0 50 N WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A. $1 00, LEVEL B $0 75,LEVEL C $0 50,AND LEVEL D SO 25 P WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - CLASS A SUIT. $2 00,CLASS B SUIT $1 50, CLASS C SUIT $1 00,AND CLASS D SUIT SO 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 40 REQUEST FOR MAYOR'S SIGNATURE Please Fill in All Applicable Boxes KENT WASHING-ON This farm n7ust he premed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Kelly Peterson Phone (Originator) 5547 Date Sent Cam/ Z /i-L Date Required Return Signed Document to Nancy Yoshltake CONTRACT TERMINATION DATE: 75 working days VENDOR NAME: AGR Contracting, Inc DATE OF COUNCIL APPROVAL: 6/19/12 Brief Explanation of Document The attached construction agreement is for AGR Contracting to remove and dispose of approximately 18,500 giant sandbags along the top of the Green River Levee in Kent for the Green River Levee Flood Protection Giant Sandbag Removal Project The project also consists of repairing damaged levee reaches under the giant sandbags All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received IREC E I V E D Approval of Law Dept JUN 2 � 2131Z pv, Law Dept Comments EECEIvED �CEN�` LAN DEPT. Date Forwarded to Mayor 7 3 Z t , (_I+ Kam Shaded Areas to Be Completed by Administration Staff off+Ce 01 ih` 1 .i nr Received: Recommendations & Comments- Disposition: Date Returned- ]a ge5870_templatebase 2/07