Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CAG2014-0500 - Original - Buckley Nursery Company - Leber Homestead Soil Preparation - 09/26/2014
i ''S3 sli �{r Recordsanaee �fi �, KENT Document W AOHINGTON y ( jh tb•F3 hti M1`�Ir ty¢ikS0t CONTRACT COVER SHEET i 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: Buckley Nursery Co. Vendor Number: JD Edwards Number IN I Contract Number: r r 14 This is assigned by City Clerk's Office o Project Name: Leber Homestead Soil Preparation Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment �gContra,ct <., ther: Contract Effective Date: Date of the Mayor's signature Termination Date: 90 working days Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment I Contract Manager: Matt Knox Department: Engineering Contract Amount: $123 277 84 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): This first phase of the project will remove invasive plants and prepare the soil for initial p aging in the fall 0 2 14. -- -- I I As of: 08/27/14 i „NT Agenda Item: Bids - 9A I TO: City Council DATE: September 2, 2014 SUBJECT: Leber Homestead Soil Preparation - Award MOTION: Award the Leber Homestead Soil Preparation Project to Buckley Nursery Co. in the amount of $123,277.84 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I SUMMARY: This project takes place at the Leber Homestead Property located at approximately 7094 S, 262nd Street in Kent. This first phase of the project will remove invasive plants and prepare the soil for initial planting in the fall of 2014. Future phases will excavate and construct nearly 1.5 acres of off-channel salmon habitat adjacent to the Green River. EXHIBITS: Memorandum, dated August 21, 2014 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: This first phase of the contract will be funded by a grant from the Salmon Recovery Funding Board, The full Council approved this grant for $159,460 on June 17, 2014. it i I PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director 400 West Gowe Kent, WA 98032 Fax; 253-856-6500 PHONE: 253-556-5500 i CITY OF KENT KING COUNTY, WASHINGTON Leber Homestead Soil Preparation Project Number; 08-3018 ADDENDUM No. 1 August 8, 2014 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 - BID OPENING The bid opening has been rescheduled to Thursday, August 21, 2014 at 10:00 AM, The City Clerk's office will receive sealed bids through 10:00 AM. Discovery of new information will require changes to the project, Additional information will be provided next week. END OF ADDENDUM No. 1 i i Chad Bieren, P.F. Date City Engineer PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director 400 West Gowe Kent, WA 98032 %IV. Fax: 253-856-6500 AGENT H.....o. PHONE: 253-856-5500 CITY OF KENT KING COUNTY, WASHINGTON Leber Homestead Soil Preparation Project Number: 08-3018 I ADDENDUM No. 2 August 18, 2014 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 DOCUMENTS The following changes are included in the attached replacement pages E and 8 of the Bidder's Document. Bidders must use the replacement page. SCHEDULE I - LEBER HOMESTEAD SOIL PREPARATION ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 1010 8-02.5 8:0 Herbicide Application $ $ KSP 4.5 Per AC ACRES i 1015 8-02.5 8 8 Soil Preparation $ $ KSP 2.5 Per AC ACRES O m v Y � I 0 MAYOR SUZETTE COOKE rza.•>:a....,.. .�.,_._m.... _.� vv..an; .z sx.....�.::a.,.:-xw�x�.�..a:�za. .*s,.... � i SCHEDULE VII - TEMPORARY EROSION AND SEDIMENTATION CONTROL ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT i 7000 8-01.5 & S Seeding, Fertilizing, and $ $ KSP 2.5 Mulching Per AC ACRES 7005 8-01.5 3,108 Filter Fabric Fence $ $ KSP 300 PerLF LN FT 7008 9-16,5 900 High Visibility Construction $ $ KSP LN FT Fence Per LF 7010 8-01.5 4-70 Stabilized Construction $ $ WSDOT 1,200 Entrance Per SY SQ YDS II - KENT SPECIAL PROVISIONS Page 9 - 1 - Section 9-14.3 - Fertilizer ADD the following new section: SECTION 9-14.3 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 9-14.3 Fertilizer Fertilizer for seeded areas: Country Green Starter Fertilizer or approved equal to provide the following nutrients: All areas which are seeded shall receive fertilizer of the following proportions and formulation: Total available Nitrogen ........... 16% of weight (of which 50% is derived from ureaform) Total available Phosphorous...... 16% of weight Total available Potassium ......... 16% of weight Above percentages are proportioned by weight. The Contractor shall deliver fertilizer to the site in original unopened containers bearing manufacturer's chemical analysis, name, trade name, trade mark, and indication of conformance to state and federal laws. Instead of containers, fertilizer may be furnished in bulk with certificate indicating the above information. 2 Page 9-1 — Section 9-16 — Fencing ADD the following new section: i SECTION 9-16 IS DELETED AND REPLACED WITH THE FOLLOWING., 9-16 FENCING i 9-16.1 Description I "High Visibility Construction Fence" shall be 48" high, lightweight, polyethylene construction fencing staked 12' on center with 72" metal posts driven a minimum of 20" below grade. "High Visibility Construction Fence" shall be installed as noted on plans and around the extent of the project area unless otherwise directed by the Engineer. 9-16.5 Payment The unit contract price per lineal foot for the "High Visibility Construction Fence" shall include full compensation for all materials, tools, labor and equipment to install, maintain and remove fencing at project completion. High Visibility Construction fence shall be installed and comply with Kent Special Provisions 9-16.1. III — APPENDIX Appendix 2 — Soil Preparation Map REPLACE the Soil Preparation Map with the attached. END OF ADDENDUM No. 2 I Chad Bieren, P.E. Date City Engineer Attachments: Proposal page 6 and 8 Soil Preparation Map I 3 SCHEDULE I - LEBER HOMESTEAD SOIL PREPARATION ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT i 1000 1-09.7 1 Mobilization $ $ WSDOT LUMP SUM Per LS II 1010 8-02.5 8.G Herbicide Application $ $ KSP 4.5 Per AC ACRES I 1015 8-02.5 8-0 Soil Preparation $ $ KSP 2.5 Per AC ACRES 1320 8-30.5 1 Project Sign $ $ KSP EACH Per EA Schedule I Total $ I Leber Homestead/Knox 6 August 18, 2014 Project Number: 08-3018 SCHEDULE VII - TEMPORARY EROSION AND SEDIMENTATION CONTROL ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT i 7000 8-01.5 6 5 Seeding, Fertilizing, and $ $ KSP 2.5 Mulching Per AC ACRES 7005 8-01.5 � Filter Fabric Fence $ $ KSP 300 Per LF LN FT 7008 9-16.5 900 High Visibility Construction $ $ KSP LN FT Fence Per LF 7010 8-01.5 470 Stabilized Construction $ $ WSDOT 1,200 Entrance Per SY SQ YDS 7015 8-01.5 16 Street Cleaning $ $ WSDOT HOURS Per HR Schedule VII Total $ I I' Leber Homestead/Knox H August 18, 2014 Project Number: 08-3018 GREEN RIVER NOTES ...... 1. DO NOT DAMAGE TREES OR ROOTS. f 2. SOIL PREPARATION PER PROJECT SPECIFICATIONS. PROPERTY 3. STABILIZED CONSTRUCTION BOUNDARY ENTRANCE SHALL BE INSTALLED AT THE BEGINNING OF CONSTRUCTION AND f MAINTAINED FOR THE DURATION OF THE PROJECT. ADDITIONAL STABILIZATION AND SWEEPING MAY BE chi i /K,/< REQUIRED TO ENSURE THAT it 650 CY MULCH' \ /� I TRACK—OUT DOES NOT PILE, OCCUR OFF OF THE SITE 6 AND ALL PAVED AREAS ARE KEPT CLEAN FOR THE PARCEL \X DURATION OF THE PROJECT. 2522049023 4. INSTALL SILT FENCE AS SILT FENCE �'� ' c ` ` y/V / �X I DIRECTED BY PROJECT ECOLOGIST, CONSTRUCTION CIL FENCE t PARCEL 0200000127 (NO SOIL PREPARATION) c�0 o PARCEL VICINITY MAP 0200000126 ml 7 141 "'y �il` �'Tjj -fi 14 , 5 Z62:Fd—ST- E I:** PROJECT LOCATION STABILIZED CONSTRUCTION ACCESS PER PROJECT SPECIFICATIONS LEGEND MOW, HERBICIDE, MOW AND Po 'IT EXISTING TILL AND HERBICIDE HYDROSEED AREA ONLY AREA �P TREES` SILT CONSTRUCTION EXISTING ST FENCE FENCE FENCE Ut x SOIL PREPARATION MAP qNY 91 KEW ENGINEKKINO DEPARTMENT 400 W. 00WE W KENT. WA. 96052 <��KFt4T LEBER HOMESTEAD PROJECT JUM 2014 SCALE[ I- = 150' Slll .1111tNI 1•14 EII PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director 440 West Gowe Kent, WA 98032 Fax: 253-856-6500 wnsHie c.on PHONE: 253-856-5500 i CITY OF KENT KING COUNTY, WASHINGTON Leber Homestead Soil Preparation Project Number: 08-3018 ADDENDUM No. 3 August 20, 2014 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: I - ADDITIONAL INFORMATION All potential bidders will be advised that average arsenic concentrations in the top one foot of soil in parcel number 0200000127 (the southern parcel shown in the project plans) were found to be above the Washington State Department of Ecology action levels after thorough sampling according to Ecology's 2012 guidance. Arsenic and lead sampling also occurred in the northern portion of the project area (parcel number 2522049023), and concentrations in this parcel were below action levels. Due to these findings, the original Leber Homestead Soil Preparation project has been revised to avoid soil disturbance in the southern portion of the project area where elevated arsenic levels were found. A table of the soil concentrations is attached. No out-of-the ordinary worker safety personal protective equipment (PPE) or procedures are expected since ground disturbance of the southern parcel is not proposed. Therefore, only typical construction related PPE and procedures are anticipated. i END OF ADDENDUM No. 3 > f - el/ C ad Bieren, P.E. Date YCity Engineer Attachment: Table - Soil Locations and Analytical Results (1 page) 3 sA MAYOR SUZETTE COOK6 ....... i U �- W� r 01 J a a QD m ° J q v Y O m m p Q U E oyn OMONQ 00000 �°.d. 00M0 O OnnMmmd? N OMV OmNn jO, �[JrVhrmeM-� N �r Mr� mh �.- m`. M N � � rrN - NMrNNMM � Nr t9 E j u ' ° ` a QEx N m M n .- rs u E .. c — 4 U ry s m r m O O m N n O n M M �D M h N N 4J N m O a (O m Q N m m m m m rnm m m m m�.m m m m m m rn m m m'm rn m rn m v m m m m m �o w ai ei ci <o m �a n� m cJ ai vi is o co of of r <o ci o .f o c� m ai o m a o mM ynMMMM M V MCNNNNMa' MN nm mmZO a m MhhAuJ M . v`I d' m V m V N V m M V C7 O (+JiN N Yo O Q O O o o O O O O O O.. . ..... . .. RJ R N •p N m W m m m m m m m m N m m N 6>N m m m m O) W OI m m m m N N m m N m m m W Ill N N N N N N N N N N N N N N N N N N N N N N N N N N N N' N N N UC O ry.p.hen P-Yr n hh hhhhn nl+nn n hATn� InM M M' , h h n n nh n Nhnl`- � CJ M M M ah m M M M M M MRI, M CJ (h M CJ M M M M m M M M M (7 (4 PJ M M M M a' (O h N O a a 0 0 0O Y O O C M1 b M F f O N O N N OI M m O h M N m O 0 C 00 N OS m O W N h O N [O m 1° N N O O O m m M n (O n n h d Z C 'C hhF-h hl- hhh hfhhn P-1`-1'-h-n nnnnFh W M M mh h nnnnn nn mhP- O M M M M M m M M MMM M l0(9 M M M M M M m M M M M MMM M MMM M M MMMM m r m ❑I N G m O x � Q ami a°i U U ❑ O _ J — J � N O E N a m U o N 2 N a E ' °' vvvvvvaaaavv IT v ava 'IT aavavv v ^ v v v ca v a v{ vvaav m E Q` o rQ_o 0 0 0 o fl o 0 0 0 0 0 0 0 N 0 0 o Q o 0 0 0 0 0 0 0 o N N N N N N N (1J d N N-N N N N N N N N N N N NNN N N N h h h r M1- r h h h n F- h h h h h h h h h n h- ❑ E ' m l E � a M ° 3 ❑ � m m m m m Q Q m m m p1 N QI E � �>>>J>>>>>U m m m m m m>>> > > >❑J J> > >> >U J>>m� � � a J JJJ JJ.SJJJJ�IJJJJJ_IJJJ JJ JJJJJJJJJJ�IJJ J.JJ Qd 2 K Y a TABINDEX Tab Bidder's Package Tab 2 Payment and Performance Bond and Contract Tab 3 Table of Contents Tab 4 Kent Special Provisions Tab 5 Silt Fence Standard Detail Tab 6 Soil Preparation Map Tab 7 Stabilized Construction Entrance Detail Tab 8 Traffic Control Plan Tab 9 Permits and Licenses Tab 10 Daily Log Form for Pesticide Application Tab 11 Sample Project Sign Tab 12 Prevailing Wage Rates CITY OF KENT KING COUNTY, WASHINGTON KENT SPECIAL PROVISIONS FOR i Leber I i Homestead Soil Preparation Project Number: 08-3018 BIDS ACCEPTED UNTIL August 12, 2014 11:00 A.M. BID OPENING IMMEDIATELY FOLLOWING DELIVER TO CITY OF KENT, CITY HALL 220 4th Avenue S., Kent, WA 98032-5895 TIMOTHY J. LAPORTE, P.E. PUBLIC WORKS DIRECTOR i °S MAMIM MOX �C# *0, 2321 G� KENT `�1���$ � j � ryWASHINGTON i BIDDER'S NAME Buckley Nursery Co. CITY OF KENT KING COUNTY, WASHINGTON KENT SPECIAL PROVISIONS FOR Leber Homestead Soil Preparation Project i Project Number: 08-3018 BIDS ACCEPTED UNTIL August 12, 2014 11:00 A.M. BID OPENING IMMEDIATELY FOLLOWING DELIVER TO CITY OF KENT, CITY HALL 220 4th Avenue S., Kent, WA 98032-5895 i TIMOTHY J. LAPORTE, P.E. PUBLIC WORKS DIRECTOR i i KENT WASHINGTON DER 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 Declaration Form Non-Collusion, Minimum Wage Change Order Bidder's Checklist Payment and Performance Bond Contract I Table of Contents i Kent Special Provisions 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 August 12, 2014 up to 11:00 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 immediately following 11:00 a.m, for the City of Kent project named as follows: Leber Homestead Soil Preparation j Project Number: 08-3018 In order to prepare for fall underplanting under the existing tree canopy and to prepare the project site for salmon enhancement construction in 2015-2016, this contract will eradicate (spray-out) grasses, invasive species and undesirable vegetation from an 8-acre area and then prepare the soil for planting (disc J rototill except under existing tree canopy) and hydroseed the site with an erosion control seed mix in September or March 1 - May 15. Care will be taken not to disturb existing native trees and marked shrubs as well as neighboring property. Project includes removal of Himalayan blackberry on slopes and riverbanks in an environmentally sensitive area. Temporary erosion and sedimentation control measures must be in place prior to beginning of clearing. This work also includes stockpiling arborist mulch (wood chips) for planting crews to spread under existing tree canopy in late Fall after planting not in contract. Contractor will be responsible for successful establishment of erosion control seed mix and weeding, monthly mowing during the growing season (March 1 - October 31) and other maintenance as necessary for one-year after acceptance of"lawn" by the project Ecologist. Application of chemical pesticides shall be only by licensed applicators in accordance with the label recommendations, the Washington State Department of Ecology, Kent Critical Areas Ordinance (11-06) and Washington State Department of Agriculture laws and regulations. The Ecologist's estimated range for this project is approximately $125,000 - $135,000. Bid documents may be obtained by contacting City of Kent Engineering Department, Nancy Yoshitake at (253) 856-5508. For technical questions, please call Matt Knox at (253) 856-5551. 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 or electronic submittals 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 Kent Special Provisions may be purchased at a non-refundable cost of $25.00 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. I A cashier's check, cash, 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 on any or all schedules or alternates or to waive any informalities in the bidding and shall determine which bid or bidders is the most responsive, satisfactory and responsible bidder and shall be the sole judge thereof. 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. � 0) Dated this day of 1 { , 2014. j BY: S'u"i x " ,s 01 Ronald Moore, City Clerk } i Published In Kent Reporter on August 1, 2014 Daily Journal of Commerce on July 29 and August 5, 2014 I i i CONTRACTOR COMPLIANCE STATEMENT (President's Executive Order #11246) Date 8112114 I i This statement relates to a proposed contract with the City of Kent named Leber Homestead Soil Preparation Project Number: 08-3018 I am the undersigned bidder or prospective contractor. I represent that - 1. I x 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. Buckley Nursery Company NAME OF BIDDER Signature/Title/ William D. Hemmings II T6819 92nd St. E I i Sumner, WA. 98390 ADDRESS (Note to Bidders: The information required in this Compliance Statement is informational only) Leber Homestead/Knox 1 July 25, 2014 Project Number: 08-3018 I I i DECLARATION CITY OF KEfNT 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. 5. 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. j By signing below, I agree to fulfill the five requirements referenced above. Dated this 12th day of August 2014. By: C! d William D. emmings 1 For: Buckley Nfirsery Companz Title: 17P Date: 8112/1 4 Leber Homestead/Knox 2 July 25, 2014 Project Number: 08-3018 CITY OF (CENT ADMINISTRATIVE POLICY i 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. i 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to j 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. I i i Leber Homestead/Knox 3 July 25, 2014 Project Number: 08-3018 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 i I I I, the undersigned, a duly represented agent of Buckley Nursery Company, hereby acknowledge and declare that the before- mentioned company was the prime contract for the contract known as Leber Homestead Soil Preparation/Project Number: 08-3018 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 12014. By: William D. Hemmings II For: Buckley Nursery Company Title: VP Date: i I I i Leber Homestead/Knox 4 July 25, 2014 Project Number: 08-3018 PROPOSAL I To the City Clerk City Hall Kent, Washington 98032 I The undersigned hereby certifies that Buckley Nursery ComtLy has examined the job site and construction details of the work as outlined on the j plans and described in the specifications for the project named Leber Homestead Soil Preparation/Project Number: 08-3018 for the City of Kent, Washington, and has read and thoroughly understands the plans and specifications and contract 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, 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. 4) Should bid items with identically worded bid item descriptions appear in more than one schedule of the proposal, the bidder must bid the same unit price. The City shall use the lowest unit price submitted by the bidder for the items in question in each schedule where identical bid item description appears. Bid items with identically worded descriptions which appear in more than one schedule are denoted with an asterisk {*}. I I 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. Leber Homestead/Knox 5 July 25, 2014 Project Number: 08-3018 SCHEDULE I - LEBER HOMESTEAD SOIL PREPARATION ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT i 1000 1-09.7 1 Mobilization $6, 000.00 $ 6, 000.00 WSDOT LUMP SUM Per LS 1010 8-02,5 $-8 Herbicide Application $2, 215.00 $ 9,967.50 KSP 4.5 Per AC ACRES I I 1015 8-02.5 8 B Soil Preparation $4 77p0 .00 $ 11 , 750.00 KSP 2.5 Pere AC ACRES 1320 8-30,5 1 Project Sign $2, 1 00. 00 $ 2, 1 00.00 KSP EACH Per EA Schedule I Total $ 29, 817.50 I I I I Leber Homestead/Knox 6 August 18, 2014 Project Number: 08-3018 SCHEDULE V - TRAFFIC CONTROL ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 5010 1-10.5 96 Construction Signs Class A $ 25.00 $ 2, 400.00 WSDOT SQ FT Per SF 5015 1-10.5 8 Traffic Control Labor $ 60.00 $ 480.00 KSP HOURS Per HR i Schedule V Total $ 2,880. 00 I I I Leber Homestead/Knox 7 July 25, 2014 Project Number: 08-3018 SCHEDULE VII - TEMPORARY EROSION AND SEDIMENTATION CONTROL ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO, QUANTITY PRICE AMOUNT I 7000 8-01.5 �§ Seeding, Fertilizing, and $3, 300. 00 $8, 250.00 KSP 2.5 Mulching Per AC ACRES 7005 8-01.5 3'68 Filter Fabric Fence $ 6.50 $1 ,950 .00 KSP 300 Per LF LN FT I' 7008 9-16.5 900 High Visibility Construction $ 3.0 0 $2, 7 0 0 . 0 0 KSP Lid FT Fence Per LF 7010 8-01.5 4-7-0 Stabilized Construction $ 21 .00 $25, 200. 00 WSDOT 1,200 Entrance Per SY SQ YDS 7015 8-01.5 16 Street Cleaning $ 1 45 .00 $2,320 .00 WSDOT HOURS Per HR Schedule VII Total $ 40, 420.00 I I I j i Leber Homestead/Knox 8 August 18, 2014 Project Number: 08-3018 SCHEDULE VIII — RESTORATION ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 8120 8-025 8.0 Lawn Mowing and $ 3 430.00 $27, 440.00 1 KSP EA Weed Control PerA i 8130 8-27.5 650 Wood Chip Mulch $ 18. 50 $ 12r025.00 KSP CU YDS Per CY i i i Schedule VIII Total $ 39, 465.00 i I I I I Leber Homestead/Knox 9 July 25, 2014 Project Number: 08-3018 i BILL SUMMARY Schedule $ 29, 817 . 50 I Schedule V $ 2, 880 .00 Schedule VII $ 40, 420.00 I Schedule VIII $ 39 , 465.00 9.5% WA State Sales Tax $ 10, 695.34 I TOTAL BID AMOUNT $123 , 277.84 i I I Leber Homestead/Knox 10 July 25, 2014 Project Number: 08-3018 . � 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 30% 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. �I Project Name: Leber Homestead Soil Preparation Project Number: 08-3018 j Subcontractor Name Item Numbers t F } Subcontractor Name Item Numbers f Subcontractor Name t Item Numbers -. t Subcontractor Name Item Numbers Subcontractor Name Item Numbers I Subcontractor Name Item Numbers I Subcontractor Name Item Numbers CONTRACTOR'S SIGNATURES William D. Lemmings II {;' Leber Homestead/Knox 11 July 25, 2014 Project Number: 08-3018 SUBCONTRACTOR LIST (Contracts over 1 million dollars) i i Name of Bidder: Buckley Nursery company Project Name: Leber Homestead Soil Preparation Project Number: 08-3018 I 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: 1 dG�vl �'i Plumbing Subcontractor Name: )I or) Electrical Subcontractor Name: pf ' i r ✓. 8/12/14 Signature Yof, idd Date William d Hemmings II i I Leber Homestead/Knox 12 July 25, 2014 Project Number: 08-3018 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. Leber Homestead/Knox 13 3uly 25, 2014 Project Number: 08-3018 If the bidder fails 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 as not to be misleading. SUBMITTED BY: Buckley Nursery Company NAME: William n_ HPmminrra IT ADDRESS: 16819 92nd St. E. - Sumner, Wa . 98390 PRINCIPAL OFFICE: Buckley Nursery Company ADDRESS: 16819 92nd St. E Sumner, WA. 98390 PHONE: 253-863-9563 FAX: 253-863-1545 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. i 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). Leber Homestead/Knox 14 July 25, 2014 Project Number: 08-3018 �i BUSINESS LICENSE 7� ' L 1➢P9 Q� S� STATE OF �� . WASHINGTON r fir Unified Business ID #: 271 000 516 �v;'' Domestic Profit Corporation Business ID #: 1 Location: 24 Expires: 01-31-2015 ,r BUCKLEY NURSERY COMPANY�I } " 16819 92ND ST E ;} SUMNER WA 98390 8154 sr i TAX REGISTRATION UNEMPLOYMENT INSURANCE i. INDUSTRIAL INSURANCE NURSERY WHOLESALER 4u CITY LICENSES/REGISTRATIONS: I; BELLEVUE GENERAL BUSINESS #073630 OLYMPIA GENERAL BUSINESS 4 COVINGTON GENERAL BUSINESS SUMNER GENERAL BUSINESS �E 4 5` LICENSING RESTRICTIONS: i Not licensed to hire minors without a Minor Work Permit. X", n£,� it 4 ( lc j c. Department of Labor and industries B PO Box 44450 ° , UCKLEY NURSERY COMPANY s Olympia, WA 98504-4450 „ . Reg C6,BUC mNC342MJ UBI 271 000: 16 Registered as provided by Law as; C_onstniction Contractor u w (CCOl) - GENERAL BUCKLEY NURSERY COMPA Effective Date '711111966 16819 92ND ST E _ %Ex'irat 83 ion Date :51112015 SUMNER WA 9908154 r 1 reirlok44) , u E y R E COMPANY 16819 - 92nd Street East Sumner, WA 98390-8154 Phone (253) 863-9563 FAX (253) 863-1545 I I i 8/12/14 City of Kent 220 4ch Ave So. Kent, Wa. 98032 Re: Leber Homestead Soil Preparation Project Proj No. 08-3018 Subj: Bidding Statutory Requirements 1.4 Written Statement To Whom it May Concern; William D. Hemmings II whose signature appears below is the VP of Buckley Nursery Company and has the authority to act and speak for the Company and affirms that Buckley Nursery Company is not and has 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). i William D. Hemming II VP 8/12/14 Date i An Equal Opportunity Employer 2. ORGANIZATION 2.1 How many years has your organization been in business as a Contractor? 50 2.2 How many years has your organization been in business under its present business name? 101 years 2.2.1 Under what other or former names has your organization operated? None 2.3 If your organization is a corporation, answer the following: 2.3.1 Date of incorporation: 1 /27/58 2.3.2 State of incorporation: WASHINGTON 2.3.3 President's name: Ann Hemmings 2.3.4 Vice-president's name(s): William D. Hemmings II 2.3.5 Secretary's name: Barbara Hemmings 2.3.6 Treasurer's name: Barbara Hemmings 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 3.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate license numbers, if applicable. State of Washington Contractors Lic # BUCKLNC342MJ 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, Landscape, Irrigation, Hydroseeding, Traffic Control 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? No Leber Homestead/Knox 15 July 25, 2014 Project Number: 08-3018 4.2.3 Has your organization filed any law suits or requested arbitration With regard to construction contracts within the last five years?No 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.) No 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. See Attached 4.4.1 State total worth of work in progress and under contract: $3, 108,586 . 34 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. Attached 4.5.1 State average annual amount of construction work performed during the past five years: $1 - $2 million 4.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. Attached 4.7 On a separate sheet, list your major equipment. S. REFERENCES 5.1 Trade References: 5.2 Bank References: Bank of America - Puyallup Branch 5.3 Surety: Columbia Bank - Renton Branch 5.3.1 Name of bonding company: Travellers Casualty & Surety 5.3.2 Name and address of agent: PLC Insurance 4211 Alderwood Mall Blvd ##210 6. FINANCING Lynnwood, WA. 98036 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: Leber Homestead/Knox 16 July 25, 2014 Project Number: 08-3018 it i 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. SIGNATURE 7.1 Dated at this 12th day of August 2014. Name of Organization: Buckley Nursery Company 7 William D. em ings II Title: 7.2 William D Hemmings II, being duly sworn, deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading.,-' I Subscribed and sworn before m I is 12th day, of August 2014. Notary Public: 1%t s My Commission Expires: 1 0130115 �� dyPdp b Leber Homestead/Knox 17 `!®r' '�L��y�256®2014 Project Number: 08-3018 CROWING U C Eyl NURSERYCOMPANY 16819 - 92nd Street East a Sumner, WA 98390-8154 Phone (253) 863-9563 FAX (253) 863-1545 8 12 14 / t WORK IN PROCESS PERCENT PROJECT NAME OWNER ARCHITECT CONTRACT AMT COMPLETE COMPLETION DATE Prairie Line Trail UW Tacoma PLACE $183,791.00 37% 8t31/14 Jefferson Ave & 215' 1900 Commerce St 735 NW 18T"Ave Tacoma, WA Tacoma, WA 97204 Portland, Ore 97209 Pat Brown Eric Bode 206-391-0501 503-334-2082 Seahurst Park City of Burien Corp of Engineers $538,375.00 79% 8/24/14 1600 SW Seahurst P.O. Box 314 4735 E Marginal Way S Burien,WA. Seahurst, WA 98062 Seattle, WA Beth Mccasland—USACE Biologist Carey Mellott (Corp does not Rive phone contact info to subcontractors) f I BUCKLEY NURSFRY COMPANY August 8, 2014 LIST OF PUBLIC WORKS &PRIVATE PROJECTS COMPLETED Need to add: SeahurstPark Site &Field Improvement Bellevue Youth Theatre Prairie Line Trail Project:Big Spring Creels—Ecosystem Ph I—Subcontract Amount$406,077.35 Initial planting Completed 511/14—100%a by Buckley Nursery work force Type: Wetland Restoration project by the Corp of Engineers involved planting native plants,live stakes and installing bark mulch&maintaining for 12 months. Owner: Seattle District Corp of Engineers 4735 East Marginal Way So Seattle,WA 98134 Contact: Dan Roper Email: Daniel.A.Roper@tisace.armyiniI Project:Irving Park Ph II Irrigation—Contract Amount$98,945.55 100% Complete 1125/14—90%by Buckley Nursery Co work force, 10% subcontractors Type: Install new irrigation system, booster pump&enclosure Owner: MetroParks Tacoma 4702 South 19"St Tacoma,WA 98405 Contact: Kristi Evans Phone: (253)305-1054 Project:Sons Creek Lift Station—Subcontract Amount$82,197.00 100% Complete 1/25/14—100% by Buckley Nursery C9 work force Type: New installation of landscape and irrigation system with the installation of trees shrubs& groundcover and hydroseeding of Retention Pond. Owner: Soos Creek Water&Sewer Dist P.O, Box 58039 Renton,WA 98058 Contact: Douglas Qenzlinger Phone: (206)883-9342 Project:Seola Gardens Ph 1I North—Subcontract Amount$744,525.45 100% Complete 1/25/14—100% by Buckley Nursery Co work force 'type: New installation of landscape &drip irrigation around housing development,3 parks,street tree&ROW planting and seeding new lawns. Owner: King County Housing Authority 600 Andover Park W Tukwila,WA 98188 Contact:GM/CM Walsh Construction Cathie'Toone Phone: (206)547-4008 Project:Orville Road Engineered Lag Jam—Subcontract Amount$71,729.011 � 100% Complete 1/4/14—100% by Buckley Nursery Co work force Type: Wetland Mitigation planting project included the install of native plants,weed mats &bark mulch. I Owner: Pierce Co Surface Water Management 2702 So,420'St.—Suite 201 Tacoma,WA 98409 Contact: David Davies Phone: (253)377-7611 I Project: LOTT Sedimentation Basin—Subcontract Amount$251,912.00 Initial Install Completed 12/20/13- IYr Warranty Complete 12/20/14—100% by Buckley Nursery work force Type: Install new landscape and irrigation system at Primary Sedimentation Basins for LOTT Clean Water Alliance, Owner: LOTT Clean Water Alliance 500 Adams$t NE Olympia,WA 98501 Contact: Michele Barnett Phone: (360)480-3291 Project:Alexander Avenue Wetlands—Contract Amount$97,747.00 Initial Install Completed 11/25/13—2 Yr Warranty Complete 9/30/15—100% by Buckley Nursery Co work force Type: Wetland Restoration construction included finish grading,habit logs &root wads,native plant material,bark mulch and hydroseeding. Owner: Port of Tacoma One Sitcum Plaza Tacoma,WA. 98421 Contact: Dave Myers Phone:(253)428-8612 Project:Larchmont Wetland Reserve—Subcontract Amount$142,861.55 Initial Install Completed 11/25/13—PSIPE Complete 11/25/14—100% by Buckley Nursery Co work force Type: Rehabilitation of Larchmont wetland system included construction on wetland,wetland planting&hydroseeding Owner: Owner: Pierce Co Surface Water Management 2702 So. 42n'St.—Suite 201 Tacoma,WA 98409 Contact: David Davies Phone: (253)377-7611 Project: SR 7 Muck Creek Tributary to Nisqually River—Subcontract Amount$17,132.75 ? 100% Complete 11/25/13—100% by Buckley Nursery Co work force Type: Roadside soil amendment installation and hydroseeding Owner: WSDOT 821 Airport Court SE Tumwater,WA 98501 Contact: Dennis Engel PE Phone: (360)570-6750 i i Project:Pt of Tacoma Road to King Co Line—Subcontract Amount$139,579.98 100% Complete 11/22113—100% by Buckley Nursery Co work force Type: Wetland Mitigation Pond and installed soil amendment,plant material,emergents,emergent seeding,bark mulch and maintenance. Owner: WSDOT 6610 16"St E—Suite B Fife,WA 98424 Contact: Glen Friis—Site Inspector Phone: (253)365-6769 it Project:Evergreen Elementary School Parking Lot—Subcontract Amount$201,655.94 100% Complete 9/25/13—1 Yr Maint Complete 9/25/14—95% by Buckley Nursery Co work force Type: Install new landscape&irrigation around building &parking lot, plant newly installed Raingarden,renovate existing ball fields and replant and maintain for 1 Yr Owner: Bethel School District#403 516 176°i St E Spanaway,WA 98387 Contact:Ray Vogel Phone: (253)683-6083 Project:Wollochet Dr.NW Ph 1I—Subcontract Amount$21,495.85 100% Complete 9/25/13—100% by Buckley Nursery Co work force Type: Roadside planting,topsoil,plant material,bark mulch &hydroseeding Owner: Pierce County Public Works 4301 So Pine St—Suite 446 Tacoma,WA 98409 Contact: Aaron Schaff—Project Inspector Phone: (253)798-6829 Project:176"St E—14`a Ave E to Waller Road—Subcontract Amount$31,100.19 100% Complete 5/16/13-100% by Buckley Nursery work force Type: Roadside planting,topsoil install &hydroseeding Owner: Pierce County Public Works 4301 So Pine St—Suite 446 Tacoma,WA 98409 Contact: Mike Sloan—Project Inspector Phone: (253)798-6820 Project:Boeing Parking Lot 20—Subcontract Amount$245,168.88 100% Complete 4/25113—100% by Buckley Nursery work force Type: Install new irrigation system,plant material,topsoil,bark mulch&sod lawn Owner: Boeing Company P.O.Box 3707 M/C 5E-4H Seattle,WA 98124 i Contact: Stacy Haiar LA Brumbaugh &Assoc Phone: (206)782-3650 Project:Tacoma HOV Mitigation—Subcontract Amount$331,139.13 100% Complete 2/25/13—100% by Buckley Nursery work force Type: Install compost,bark mulch&native plant material in Wetland Mitigation &hydroseeded Owner: WSDOT 6610 16"$t E—Suite B MS j Fife,WA 98424 Contact: Debbie Jones—Inspector Phone: (253)686-2429 Project: Puyallup River Floodplain Restoration at Fennel Creek—Subcontract Amount$33,789.58 100% Complete 1/25/13—100% by Buckley Nursery work force Type: Replant area along Puyallup River where floodplain&fish habitat connect with native plant material Owner: Pierce County Surface Water Management 2702 So 42°4 St,Suite 201 Tacoma,WA 98409 Contact: Helmut Schmidt PE Phone: (253)798-6164 Project:Liberty High School Ph I Addition—Subcontract Amount$178,083.48 100% Complete 12/25/12—100% by Buckley Nursery work force 'type: Install new irrigation system around building & parking,install topsoil,plant material and bark mulch around building &parking. Place soil amendment in Bioretention pond& hydroseed. Owner: Issaquah School District 565 NW Holly St Issaquah,WA. 98027 Contact: Tim Pittman (General Contractor,Bayley Construction) Phone: (206)621-8884 Project:15 &SR16 Stormwater Retrofit—Subcontract Amount$98,934.73 100% Complete 12/25/12 100% by Buckley Nursery work force Type: Install topsoil &compost at various locations on I5 &SR 16,plant native plants and emergents and hydroseed Owner: WSDOT 7912 Martin Way E,Suite E Olympia,WA, 98516 Contact:Neil Uhlmeyer Phone: (360)412-3432 Project:Canyon Creek Stream Enhancement—Subcontract Amount$234,342.96 100% Complete 12/25/12—100% by Buckley Nursery work force Type: Install soil amendment,native plant material, wood strand mulch,temporary irrigation system,wetland emergent seed mix. Owner: Pierce County Public Works 2702 S 42id St—Suite 201 Tacoma,WA. 98409 Contact: Dave Davis—Site Inspector Phone: (253)377-7611 Project:Wapato Pervious.Street Project—Subcontract Amount$41,780.78 100% Complete 12/25/12—100% by Buckley Nursery work force Type: Street project involving the installation of soil amendment,street trees and property restoration of irrigation systems and landscape Owner: City of Tacoma 326 East D Street Tacoma,WA. 98421 Contact: Mike Bell—Construction Manager Phone: (253)591-5304 Project:SR410 White River Bridge—Bridge Scour—Subcontract Amount$14,723.07 100% Complete 12/25/12—100% by Buckley Nursery work force Type: Revegetate area along river with native plant material,install wood chip mulch Owner: WSDOT 6610 16"St E—Suite B MS Fife,WA 98424 i Contact: Dale Latham—Site Inspector ; Phone: (253)678-1417 Project:Tacoma MetroParks Irrigation System—Subcontract Amount$164,308.00 100% Complete 11/25/12—100% by Buckley Nursery work force Type: Replace and reinstall irrigation systems at Pt Defiance Park&Heidelberg Park i i Owner: Tacoma MetroParks 4702 S 19"'St Tacoma,WA 98405 Contact: Ken Carlson(General Mechanical) Phone: (627-8155 Project: I5 Southbound 320"St Off Ramp—Subcontract Amount$38,440.58 100% Complete 11t25/12-100% by Buckley Nursery work force Type: Roadside restoration through the installation of topsoil,compost,bark mulch and plant material Owner: City of Federal Way Contract Administrator: WSDOT 6431 Corson Ave South Seattle,WA 98108 Contact: Stephanie Shelton Phone: (206)768-5872 Project:Bridgeport Way SW—75e'St SW—Subcontract Amount$58,128.52 100% Complete 11/25/12—100% by Buckley Nursery work force Type: Street project involving installation of topsoil,plant material,irrigation system, hydroseeding and modular block wall Owner: City of Lakewood 6000 Main Street SW Lakewood,WA. 98499 Contact: Torrey Johnson(,General Contractor,Tucci &Sons) Phone: (253)922-6676 Project:100's St SW/Gravelly Lake Drive—Subcontract Amount$32,039.25 100% Complete 11/25/12—100% by Buckley Nursery work force Type: Street project involving install of topsoil,plant material,bark mulch &irrigation restoration Owner: City of Lakewood 6000 Main Street SW Lakewood,WA 98499 Contact: Robert Crawford—Construction Inspector Phone: (253)983-7795 Project:Pipeline#1 Replacement at Puyallup River valley Ph II A—Subcontract Amount$14,000.21 100% Complete 11/25/12—100% by Buckley Nursery work force Type: Wetland Revegetatiwr&hydroseeding Owner: City of Tacoma—Tacoma Water 3628 So 35`h St. Tacoma, Wa 98409 Contact: Randy Durr(General Contractor,Jennings NW) Phone:(253) 863-0464 Project:White River Trail—W WTP to Bridge Street—Subcontract Amount$7,474.70 100% Complete 10/25/12—100% by Buckley Nursery work force Type: Plant installation,Soil Amendment installation& hydroseeding along trail j Owner: City of Sumner 1104 Maple Street Sumner,WA 98390 Contact:Patricia Larson(General Contractor Lloyd Enterprises) Phone: (253)927-0416 Project:PSE Ardmore Substation—Subcontract Amount$215,329.00 99% Complete 10/25/12—100% by Buckley Nursery work force Type: Install Landscape&Irrigation system around new building,plant vegetative wall & hydroseed lawn. Owner: PSE P.O.Box 90868 Bellevue,WA 98009 Contact: Zaeh Gaul(General Contractor,Turner Construction Co. Phone: (206)505-6700 Project:Hylebos Habitat Mitigation—Subcontract Amount$202,952.79 99% Complete 10/25/12—100% by Buckley Nursery work force Type: Removed invasive weeds,install special topsoil adjacent to Hylebos Waterway,install coir mat,wetland emergent,goose enclosure and revegetated wetland &upland Owner: Puyallup Tribe of Indians 3009 Portland Avenue Tacoma,WA. 98404 Contact:Dan McKinney(General Contractor,Wade Perrow Construction) Phone: (253)851-9309 i Project: Burndale Homes—Subcontract Amount$22,860.32 100% Complete 9130112—100% by Buckley Nursery work force Type: Landscape new King County Housing Authority service center. Install topsoil, plant material,walking path&block wall,hydroseeded lawn. Owner: King County Housing Authority 700 Andover Park W Seattle,WA 98188 Contact: Rick Hoffman Phone: (206)574-1208 Project:SR410 Clay Creek Qutfall—Subcontract Amount$28,388.65 100% Complete 9130/12—100% by Buckley Nursery work force Type: Install compost sock,topsoil,native plants,bark mulch& native seed mix Owner: WSDOT 2809 Rudkin Road Union Gap,WA 98909 Contact: Stephanie Shelton—Site Inspector Phone: (206)768-5860 Project:Mushier Park—General Contract Amount$17,594.00 100% Complete 9/25/12—100% by Buckley Nursery work force Type: Remove and re-install all new infield soil mix at baseball field Owner: City ofBurien 14700 6"Ave SW Burien,WA 98166 Contact: Myron Clinton—Parks Supervisor Phone: (206)988-3706 Project:High Point Ph I1 Park Proj-Mulberry Park—General Contract Amount$197,100.72 100% Complete 8/25/12-90% by Buckley Nursery work force, 10% Subcontracted Type: Renovate existing Park,install new underground utilities,electrical lighting,concrete steps &sidewalks,install new irrigation system,rain garden,landscape entire site &hydroseed lawns. Owner: Seattle Housing Authority 190 Queen Anne Ave N Seattle,WA 98109 Contact: RobbBailey—Construction Inspector Phone: (206)972-4689 Project:Kentridge High School Student Parking Lot—Subcontract Amount$58,542.00 98% Complete 8/25/12—100% by Buckley Nursery work force Type: Landscape &irrigate parking lot,install raingarden,revegetate disturbed Wetland Owner: Kent School District 12033 SE 256"St,Bldg C Kent,WA 98030 Contact: John Richards—Kent Project Manager Phone: (253)373-7107 Project: Past Bay Public Plaza—Green Roof Installation—Subcontract Amount$32,490.00 100% Complete 5/25/12—100%a by Buckley Nursery work force Type: Green Roof planting &irrigation system Owner: LOTT Clean Water Alliance 500 Adams St NE Olympia,WA 98501 Contact:Dan Campbill (General Contractor Berschauer Phillips Construction) Phone: (360)754-5788 Project:Johns Prairie Operation Center—General Contract$379,664.62 100% Complete 3/25/12—100% by Buckley Nursery work force Type: Install Compost,Topsoil,Bark Mulch and Hydroseed Owner: Mason Conservation District 450 West Business Park Road Shelton,WA 98584 Contact:John Bolender Phone: (360)427-9436 Project:Hillerest Terrace Community Building—Subcontract Amount$16,996.56 100% Complete 4/25/12—100% by Buckley Nursery work force Type: Install new landscape and hydroseeded lawns Owner: Renton Housing Authority 2900 NF. 10"Street Renton,WA 98056 Contact: Justin Martin—SvR Design Co Phone: (206)223-0326 Project:High Point Ph 1I Park Proj—Schoolhouse Park —General Contract$128,838.00 100% Complete 2/12-65% Completed by Buckley Nursery Co work force, 35% subcontracted Type: Site work,irrigation,concrete sidewalks,electrical lighting,landscaping&play lawn areas Owner: Seattle Housing Authority 120 6"Ave North Seattle,WA. 98109 Contact: Brian Sullivan Phone: (206)615-3300 Project: Kelsey Creek Enhancement at Larsen Lake—General Contract$283,146.74 100% Completed by Buckley Nursery Co work force 1/15/12 Type: Perform wetland enhancement,site prep,environmental protection,planting &mulch Owner: City of Bellevue P.O. Box 90012 Bellevue,WA 98009 Contact: Geoffrey Bradley Phone: (425)452-2740 i I Project:9"'Street SW Corridor Widening Improvement—Subcontract Amount$37,643.06 100% Complete 11/29/11—100% by Buckley Nursery work force Type: Street tree planting. Install topsoil,street trees,bark mulch,seeded lawn &sod Owner: City of Puyallup 333 So.Meridian Puyallup,WA 98371 Contact: Bob Akridge Phone: (253)841-5509 Project:39"Avenue SW Improvement—Subcontract$55,478.50 100% Complete 10125111—100% by Buckley Nursery work force Type: Install Trees,shrubs & bark mulch,seeded lawn,sodded lawn & plant wetland pond Owner: City of Puyallup 333 So.Meridian Puyallup,WA 98371 Contact:Bob Akridge Phone: (253)841-5509 Project:Garrett St.&Battersby Ave—Subcontract Amount$16,138.00 100% Complete 11/25/11-100% by Buckley Nursery work force Type: Landscape new planting strips after road construction. Installed topsoil,plants&bark mulch, Owner: City of Enumclaw 1309 Myrtle Ave Enumclaw,WA 98022 Contact: Rand Black Phone: (360)615-5730 Project:Totem MS Baseball Field Renovation—General Contract$214,129.00 100% Complete 10/25/11-84% Completed by Buckley Nursery Co workforce, 16% subcontracted Type: Field renovation,sub-drainage system,catch basins,modify exist& install new irrigation Owner: Federal Way Public Schools 1066 S.320"St Federal Way,WA 98003 Contact: Russ Bushaw Phone: (253)945-5938 ! Project:2010/2011 Overlay Project—Subcontract$54,601.00 100% Complete 10/25/11-100%a by Buckley Nursery work force Type: Street tree planting, rootbarrier installation&hydroseeding Owner: City of Burien 415 SW 150"St Burien,WA 98166 Contact: Joe Harrison—Tucci &Sons Inc Phone: (253)922-6676 Project:Illahee MS Field Renovation—General Contract$28,700.00 100% Complete 8/25/11 —100%by Buckley Nursery Co work force Type: Renovation exist ballfield& modify exist irrigation Owner: Federal Way Public School District 1066 S. 320"St Federal Way,WA 98003 Contact: Russ Bushaw Phone: (253)945-5938 Project: Renaissance Landscape—Contract Amount$16,849.00 100% Complete 7/25/11 - 100% by Buckley Nursery work force Type: Landscape and irrigation restoration. Install topsoil,plants &repair/modify exist irrig Owner: City of University Place 3715 Bridgeport Way N. University PI.,WA 98466 Contact: Jack Ecklund Phone: (253)460-5411 Project:BCT Complex—North Ft.Lewis—Subcontract$202,898.00-Completed 6/25/11 Type: Landscape &irrigation installation at new military housing Owner: Dept of the Army,Seattle District Corp of Engineers 819 Taylor St.,Ran 2A19 Seattle,TX 76102-0300 Contact: Design Build Team of Mortenson Construction Phone: (253)964-0585 Project:Hanson Pipe &Precast—Subcontract$123,692.42-Completed 6/25/11 Type: Install 3000k CY Topsoil,3000 CY Filter strip Topsoil,Planting, Hydroseeding Owner: Hanson Pipe&Precast 4601 So Orchard St. Tacoma,WA 98409 Contact: Kristian McColeman—Wm Dickson Company Phone: (253)472-4489 Project:White River frail Extension—General Contract$147,513.65 75% Completed by Buckley Nursery Co work force,25% Subcontracted,Complete 11/18/10 Type: Contract a 10'wide asphalt trail 1200 LF,chain link fence,modular block wall,install topsoil&seeding. Owner: City of Auburn 25 West Main St. Auburn,WA 98001 Contact: Mike Kamenzind j Phone(253)931-3010 Project:128"i St.E.Regional Pond—Subcontract$28,624.76-Completed 12/25/10 Type: Landscape &irrigation installation a Pierce Co.Regional Detention Pond Owner: Pierce County Public Works 2702 S 42nd St,Suite 201 Tacoma,WA 98409 Contact:Ingo Kuchta Phone: (253)798-6165 Project:Puyallup High School Parking Lot—Subcontract$12,600.00- Completed 11/25/10 Type: Landscape & irrigate high school parking lot and planter islands Owner: Puyallup School District P.O. Box 370 Puyallup,WA 98371 Contact:Bryce Sturrock—Looker&Associates Phone: (253)535-1772 i Project:PSE Four Corners Substation—Subcontract Amount$61,829.15 Type: Install new landscape&irrigation system—topsoil,plant material & bark mulch Owner: PSE P.O.Box 90868 Bellevue,WA 98009 Contact:Mark Pottle—Pottle&Sons Construction Phone:(360)384-1543 Project:Seward Park Play Area Renovation—General Contract$442,272.69—Completed 10/18/10 Type: Demo &salvage existing play equipment,install new underground utilities,water service/drinking flat&irrigation. Construct new rock-walls,new play equipment,safety surfaces and landscape Owner: Seattle Parks&Recreation 800 Maynard Ave So,#300 Seattle,WA 98134 Contact: Kim Baldwin Phone: (206)615-08 10 Project:Waterway 18—General Contract$66,069.09 100% Complete as of 5/25/10 Type: Grade,landscape,install logs,boulders,gravel cobbles& granite curbs for stepping. Sub- surface drainage, Owner City of Seattle Parks Foundation 860 Terry Ave North#231 Seattle,Wa. 98109 Contact: Scott Woodcock,Owner Rep Phone: (206)274-5979 Project: WINCO Foods—Sumner,Washington store—Subcontract Amount$308,241.00 100% Complete as of7/25/10 Type: Landscape &irrigation around bldg &parking lot. Wetland restoration&detention pond planting. Owner: WINCO Foods,LLC 650 North Armstrong Place Boise,Idaho 83704 Contact: Active Construction (General Contractor)Mark Andrews j (253)248-1091 X131 j I i Project:Sound Transit C430R—Airport Station—Subcontract Amount$169,773.42 100% Complete as of 1113110. Type: Landscape&irrigate new Sound Transit station at SeaTae airport. Owner: Sound Transit 401 S.Jackson St Seattle,Wash.98104 Contact: Randy Harlow,Resident Engineer Phone: (206)370-5591 Project:Larson Lake Riparian &Greenbelt Enhancement—General Contract$89,561.00 100% Complete as of 12(1109 Type: Restore landscape around Larson Lake,enhance site with habitat structures,restore vegetation with native plantings Owner: City of Bellevue PO Box 90012 Bellevue,Wash. 98009 Contract:Jim Bennett Phone: (425)452-4321 Project Ailing Park/Lincoln Eldridge Park Improvement—General Contract$752,870.00 I 100% Complete as of 6/1/09 Type: Park Renovations,Restroam installation,Landscape,Irrigation,Tennis Court resurface, Lighting Owner: Metro Parks of Tacoma 4702 S. 19"St. Tacoma,Wash. 98405 Contact: Kristie Evans Phone: (253)305-1054 j Project:SR 18 Maple Valley/Issaquah Hobart Roadside Restoration-General Contract$4,456,000.56 100% Complete as of 3/l/09 Type: Roadside Restoration of 43 acres,Soil Amendment,Planting,Maintaining 63 acres of Wetlands Mitigation Sites Owner: WSDOT 6431 Corson Ave Seattle,Wash, 98108 Contact: Mike Askarian PE Stephanie Shelton,Chief Inspector Phone: (206)768-5860 I i i I sRowiNc uck[Ey NURSERY COMPANY I 16819 -92nd Street East Sumner, WA 98390-8154 Phone (253) 863-9563 FAX (253) 863-1545 l 8/12/14 KEY INDIVIDUAL EXPERIENCE William D. Hemmings II Owner: Buckley Nursery Co Experience: 34 years Present Construction Project Management Commitments: 1. Bellevue Youth Theatre—Green Roof Installation 2. Prairie Line Trail—UWT Landscape & Irrigation installation in Tacoma, Wa 3. Big Spring Creek Ecosystem—Corp of Engineers 4. Larchmont Wetland Reserve—Pierce Cc Public Works,Surface Water 5. Alexander Ave Wetlands—Port of Tacoma Duties: 1. Manage operations of Buckley Nursery Co 2. Project Estimating 3. Oversee Estimating team 4. Bid Review 5. Project Management 6. Employee Review III i i I I An Equal Opportunity Employer ll11 �6 CRUM LEY NURSERY COMPANY 16819 -92nd Street East Sumner,WA 98390-8154 duardo Andres Phone (253) 863-9563 • FAX (253) 863-1545 Landscape/hrigation Foreman Equipment Operator Compensation: Prevailing Wage, Bonus Benefits: Medical, Vacation, Holiday, Reflective Clothing Employment History: Hired 5/11/94 to Present I i Job Description: Implements the directions of site project manager or senior estimator. Plans, organizes, schedules, assigns and reviews all activities required to complete the landscape installation,plant establishment and maintenance of a project. Provides significant interaction with general contractor site superintendent or owner to ensure a high level of installation. Performs related work as assigned by the site project manager or senior estimator; provides direct supervision of assigned crew. Outline: • Landscape/Irrigation Foreman • Equipment Operator Duties: • Reviews plans and specifications for project • Advise site Project Manager or Senior Estimator of site problems • Advise Site Project Manager or Senior Estimator of site progress • Advise Site Project Manager or Senior Estimator of equipment needs • Advise Site Project Manager or Senior Estimator of required number of laborers required to complete project on time • Advise Site Project Manager or Senior Estimator of safety issues • Attends any required site meetings • Monitors site for unsafe working conditions and reports • Coordinates deliveries of materials • Specifies quantities of materials required if different from original estimates • Records on daily report, functions performed, equipment usage and any abnormal occurrences at site • Coordinates/schedules with general contractor/owner required access to areas on project • Oversees crew as to daily tasks to be completed • Oversees work performed by crew on daily basis • Monitors productivity of crew members • Operates equipment • Conducts for inspection any required irrigation tests during installation • Record drawings of all irrigation installation for submission of as-built drawings • Site ready for final inspections • Repair/replace any deficiencies noted on final punch list • Successfully completes project within perimeters of the bid Proprietary/Confidential An Equal Opportunity Employer it i CRIIWINC Buck[Ey NURSERY COMPANY � 16819 -92nd Street East Sumner, WA 98390-8154 Phone (253) 863-9563 FAX (253) 863-1545 Bryan Hanson—Superintendent/Foreman Landscape/Irrigation Equipment Operator Pesticide Applicator Compensation:Prevailing Wage,Bonus Benefits:Vacation,Holiday,Reflective Clothing Employment History:Hired 03/03/98 to Present Job Description: Implements the directions of site project manager or senior estimator. Plans,organizes, schedules,assigns and reviews all activities required to complete the landscape installation,plant establishment and maintenance of a project. Provides significant interaction with general contractor site superintendent or owner to ensure a high level of installation. Performs related work as assigned by the site project manager or senior estimator;provides direct supervision of assigned crew. Outline: • Landscape Foreman • Equipment Operator • Commercial Pesticide Applicator Duties: • Reviews plans and specifications for project • Advise site Project Manager or Senior Estimator of site problems • Advise Site Project Manager or Senior Estimator of site progress • Advise Site Project Manager or Senior Estimator of equipment needs • Advise Site Project Manager or Senior Estimator of required number of laborers required to complete project on time • Advise Site Project Manager or Senior Estimator of safety issues • Attends any required site meetings • Monitors site for unsafe working conditions and reports • Coordinates deliveries of materials • Specifies quantities of materials required if different from original estimates • Records on daily report,functions performed,equipment usage and any abnormal occurrences at site • Coordinates/schedules with general contractor/owner required access to areas on project • Oversees crew as to daily tasks to be completed • Oversees work performed by crew on daily basis • Monitors productivity of crew members • Operates equipment ll • Conducts for inspection any required tests during installation • Record drawings of all installation for submission of as-built drawings • Site ready for final inspections j • Repair/replace any deficiencies noted on final punch list • Successfully completes project within perimeters of the bid Proprietary/Confidential I An Equal Opportunity Employer I 0 cRowlNc U c Ey NURSERY COMPANY 16819- 92nd Street East Sumner, WA 98390-8154 Phone (253) 863-9563 FAX (253) 863-1545 Eric Lund Landscape/Irrigation Foreman Equipment Operator Pesticide Applicator Compensation:Prevailing Wage,$onus Benefits: Vacation,Holiday,Reflective Clothing Employment History:Hired 2/13/06 to Present Job Description: Implements the directions of site project manager or senior estimator. Plans,organizes, schedules,assigns and reviews all activities required to complete the landscape installation,plant establishment and maintenance of a project. Provides significant interaction with general contractor site superintendent or owner to ensure a high level of installation. Performs related work as assigned by the site project manager or senior estimator;provides direct supervision of assigned crew. Outline: • Landscape/Irrigation Foreman • Equipment Operator • Pesticide Applicator Duties: • Reviews plans and specifications for project • Advise site Project Manager or Senior Estimator of site problems • Advise Site Project Manager or Senior Estimator of site progress • Advise Site Project Manager or Senior Estimator of equipment needs • Advise Site Project Manager or Senior Estimator of required number of laborers required to complete project on time • Advise Site Project Manager or Senior Estimator of safety issues • Attends any required site meetings • Monitors site for unsafe working conditions and reports • Coordinates deliveries of materials • Specifies quantities of materials required if different from original estimates • Records on daily report,functions performed,equipment usage and any abnormal occurrences at site • Coordinates/schedules with general contractor/owner required access to areas on project • Oversees crew as to daily tasks to be completed • Oversees work performed by crew on daily basis • Monitors productivity of crew members • Operates equipment j • Conducts for inspection any required irrigation tests during installation • Record drawings of all irrigation installation for submission of as-built drawings • Site ready for final inspections • Repair/replace any deficiencies noted on final punch list • Successfully completes project within perimeters of the bid Proprietary/Confidential i II An Equal Opportunity Employer BUCKLEY NURSERY CO. INC. February 24,2014 HEAVY EQUIPMENT YEAR MAKE DESCRIPTION ID VINO or S/N BACKHOES 1986 CASE 580E Super E, 75 HP&Under 17043526EX 1994 JOHN DEERE 310D 4X4,70HP S/N T031ODG802999 PUP 5/97 24"Bucket COO 6000450 & 12"Bucket COO 4006298 C12 Quick Coupler 060QW23 1999 JOHN DEERE 310E 4X4 w/24" 76HP Bucket#1008314 S/N T0310EX879868 PUR 9199 DOZERS 1979 CAT D-3 CRAWLER 791J6024 FOR 6/94 1495 JOHN DEERE 45OG LGP 73HP S/N 816805 PUR 10/98 1493 CAT D5H LGP CRAWLER TRACTOR S/N IDD05638 PUR 9/08 EXCAVATORS 1995 JOHN DEERE 490E Hydraulic Excavator 36"Bucket S/N FF490EX025401 PUR 3104 o2 7eo /115 r/SM7 = �e'�'}y`7J IW4 Scale(BH Excavator Shovel 3yd&Under) 1997 BOBCAT MODEL 331 40 HP S/N 512914917 PUR 1199 12", 24" & 48"Buckets 2001 YANMAR TRACKHOE B37 28HP Bobcat Ser.#65090 12"&24"Buckets Pay Scale Tag#25420 PUR 9/01 2005 BOBCAT EXCAVATOR 435 48HP Ser.45632-11574 PUR 12/05 w/Buckets 13",24"&52" DO Model-435H 2007 CAT Caterpillar 303C ORGAN Mini Excavator 31 HP Bobcat Sec#BXT02857 PUR 8/07 w/Buckets 12",24"&55" Pay Scale FORKLIFT 1978 CAT V508-5000 lb Capacity 32N766 LOADERS 2007 CAT TL1055 Telescopic Handler S/N TBM002261 PUR 3/07 Model#TL1055 1986 CAT 950 3 YDS,OVERHEAD Front End Loader 130H S/N 081JO7790 PUR 2J96 MODEL 3340 1985 JOHN DEERE (Tractor)w/LOADER JD 2255 Trigl#T18150 S/N L02255R544654 PUR 1/98 2005 TAKEUCHI TL150R Canopy Rubber Tracks 97HP 80"Bucket Bobcat S/N 21501546 6-WAY Dozer Blade Pallet Forks Pay Scale Mower Attach: Make:BRADCO Model:BH72 S/N 122436 PUR 6/05 OTHER TRUCKS Jun-09 1998 TEREX DUMP TRUCK, 3066C 6x6 Arliculated DT DT until S/N A7341180 PUR 9/08 Further Notice ROLLERS Bomag Vibratory Smooth Drum Roller BW 142D BC Pay Scale S/N 101510110163 PUR 06/04 19,000 lb Compaction STRAW BLOWER 2001 FINN B-70 33.5 HP Kubota Diesel S#SM-2749 PUR 11/01 TRACTORS j 1981 FORD AG 3600 40HP j JOHN DEERE MODEL 830 188770CD JOHN DEERE MODEL 850 4X419HP 022597 1981 JOHN DEERE 4240 S/N 4240W005389R 1983 MOROOKA CRAWLER DUMP, MODEL MST600 w/ISUZU ENGINE 62HP S/N 1104 PUR 3t99 M Docs ListsUst-E UIP LIST.xlsorms/List-E ui see tabs Y t O 9 p F (D ° 8co WN f0o N Nm NJ Na, NA w co 0 0 KW 0O 0 O 0 O m O m 0W w W m O a '.. m w J x C 0 T -1 -I S O m 7 m 0 T S� rTi W T� W y T � � rn T T T T m T m m T T p p T 'Tt T T T �y 0 0 PD O D O m m o W m O m 0 ''� D O x x T. O z m D r Z D 3 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 D 7C �s 3l r 'S C C (O � 2 m p o :.: W W m m m m m 37 x W m "{i W x W u W A '.. A TI t lril O-I z S O fit m Q Q Q Q Q Q Q O Q Q Q .{ O Q O Q O m m A W 37 9 9 D 0 O T D Z On Jp.7 D T T T T T T T m T m T m o z 9 r 9 r _i ram, w yT w N w w �i, N X rn uwi �' w0 D m m S m O * o 0 0 o 0 0 0 0 o LZ.� o o o p D 7J W r * Sml A W O C m'w T70 WDJ ao XTu :E o c m v W : rt N � ; x v N * g * DD � wm - yC J 3 m r. ZT 0 y mmm ME d3 mm Z t Sm m m m T m a O O ,rAXi TAm or r D Z m m x T mW 9 W m m , m mp Opa im Nu z p C > cD D W c � w 20 - m L D M o m o m O mAamrrO OQp 0vm m mr{ QWSW > S8 mN C Qp o N�j m W < pp 9 r3 ZO O3p Q Q m 0 p 9 0 mO Sma o v oA o 2 x a w n T c D D sc O x D F F W C A O a N O p D m W "' m 'a A a S W W O a `° z m D a W A Z f- �n $ ,per. v m o m ro o -^N' f� A W m 3 t0 c N m co oo tii n=, m r P A m u c Q 0 2 O w �i a w n Ri co3 T ,o m `5' ❑ n V pcl� pcl� u� pc�� apc�� qc�� a 'a'cy� q6 Z3'a cr yi 6 1 A D p Z n n pz m W z Q Z O O zO z m N W6 O W O a N N A p W D W m N 0 0 0 ' ON Ap O1 D D rn a m D K r r W W W W W W W D (0 D W W "N'f W W r N (7 N p m <O A N C7 .� rn �' rn O J Ui m O N t0 m m N m V �V t0 A m rn0 V +� m j J N W N Q th A O N r � 9mQ x < pN zz 0x :E fix < c ACP c x = x Xm � JN[ cW {_ m O D W O K N T O O a J rn p Z 1' A O O O m N O W m 0 `i' W m .J.i Z (D O A J rn N j W W A O x m Yk w rn �{ C r r r r ?J C D x m T ik (0 A N m m N 0 W A G OJ A W O O O m X w Ut W A f0 N m rn W x 0 m X N V vn X W m J N m m < m m ` N NN m T T t0a� S N T m C} fA N N A N V O O O� C -� O N N N Coil (mn A Z Qy N 0 f0 N A G V O O Z N m � W OJO p�j N 00 m W W N G�1f W f0 0 Wy U � A v M � O V Y N V W L T T T T T T T T T T T T T T T T T T T T T T T T T T T T T C c: C C C C C c c c C C C C C C C C C C C C C C C C C C C W W JJ x 71 W A W 21 W S 27 W W 7] D D 3l 71 A ]] W J] 37 77 W ]] S7 7l a i I CROWING Ey NURSERY COMPANY 16819- 92nd Street East Sumner, WA 98390-8154 Phone (253) 863-9563 FAX (253) 863-1545 I TRADE REFERENCES ACF West 8951 SE 761h Drive Portland, Ore 97206 Ph 503-771-5115 American Hydrotech Inc. 303 E Ohio St Suite 2700 Chicago, III 60611 Carpinito Bros 1148 No Central Ave Kent, We. 98032 Ph 253-854-5692 Cedar Grove Composting 7343 E. Marginal Way S Seattle, Wa. 98108 Ph 887-764-5748 HD Fowler Co. P.O. Box 160 Bellevue, WA 98009 Ph 425-746-8400 An Equal Opportunity Employer 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) working 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. 11 Receipt of Addendum No.'s , {° , 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 accept all contract forms and documents included within the bid packet and 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: 8/12/14 Buckle Nu ser Co. NAME OF Bl DER � BYl Signature William D. Hemmings II (Print Name and Title) 16819 92nd Sr. E Address Smmnerr WA 98390 I Leber Homestead/Knox 18 July 25, 2014 Project Number: 08-3018 BID BOND FORM KNOW ALL MEN BY THESE PRESENTS: That we, Buckley Nursery Company,Inc as Principal, and Travelers Casualty &SuretyofAmerica as Surety, are held and firmly bound unto the CITY OF KENT, as Obligee, in the penal sum of 53Lof Bid Am.ot,1)t Dollars, for the payment of which the Principal and the Surety bond themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for Leber Homestead Soil Preparation/Project Number: 08-3018 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 31st /'DAY OF July _ 2014. I PRINCIPPAL SURETY y 20 _ I Received return of deposit in the sum of $ i rl ri Leber Homestead/Knox 19 July 25 2014 Project Number: 08-3018 CITY OF KENT COMBINED DECLARATION FORM: NON-COLLUSION, MINIMUM WAGE NON-COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and to have agreed to the provisions of this declaration. 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. Leber Homestead Soil Preparation Project Number: 08-3018 NAME OF PROJECT Buckley Nursery Company NAME OF BIDDER'S FIRM ®„,�AfIPATURE OF AUTHORI M D REPRES ATIVE OF BIDDER ktEMty��®i®� William r, Hemmings II VP i��\�6taea Ike• ���s® Opp ( e pU61�0 a0 r i r l U rJt it Ay ro.3o-2q°°.p P�yag ....-..� a�,.s a�gB�l91191od®� Leber Homestead/Knox 20 July 25, 2014 Project Number: 08-3018 This change order form is for example purposes only. By submitting a bid, the bidder agrees to be bound by the terms of this change order form for any change orders. CHANGE ORDER Date: Change Order No.: 1 I City Project Name: Project Number: Contractor: Original Contract Date: This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract is modified as follows: 1. The section of the Agreement which outlines the Description of Work, is hereby modified as follows: Provide all labor, materials, and equipment necessary to: 2. The contract amount and time for performance are hereby modified as follows: Original Contract Sum, Including $ applicable alternates and WSST. Net Change by Previous Change Orders $ (incl. applicable WSST) Current Contract Amount $ (incl. Previous Change Orders) Current Change Order $ Applicable WSST Tax on this Change $ Order Revised Contract Sum $ Original Time for Completion Working days Revised Time for Completion under -0- Working days prior Change Orders Days Required f for this Change Order -0- Working days Revised Time for Completion Working days Leber Homestead/Knox 21 July 25, 2014 Project Number: 08-3018 In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications, the Contractor accepts all requirements of this Change Order by signing below. Also, pursuant to the above-referenced contract, Contractor agrees to waive any protest or claim it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this contract modification, which is binding on the parties of this contract. 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. CONTRACTOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Timothy J. LaPorte, P.E. Its Its Public Works Director (Title) (Title) DATE: DATE: I Leber Homestead/Knox 22 July 25, 2014 Project Number: 08-3018 i PAYMENT AND PERFORMANCE BOND Bond#106148502 1 T TO OYTY OF KENT KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Buckley Nursery Company 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 $ 123,277.00 _ , 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 Leber Homestead Soil Preparation/Project Number: 08-3018 (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. li Leber Homestead/Knox 24 July 23, 2014 Project Number: 08-3018 T1NO-WITNESSES: Buckley Nurser—a, PRINCIPAL er prin ipal's n4ane ove) 141, William�D,c Hemmings / Ann Hemmings TITLE:vp 1v DATE: /12/14 DATE: C11 12 14 CORPORATE SEAL: F �A i Justin Grisham PRINT NAME DATE: 6J'/12/14 /` r.. .. SURETY CORPORATE SEAL: BY; Michele Stonecipher DATE: September 5, 2014 _. ..._ _. TITLE; Attorney in Fact 4211 Alderwood Mall Blvd ADDRESS: Lynnwood,WA 98036 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 William D. Hemmings II Who signed the said bond on behalf of the Principal Bunks PAr'.'�any_— Of the said Corporation; that I know his signature the is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. RETARY OR EC ASSISTANT`SRETARY i Leber Homestead/Knox 25 ]uly 23, 2014 Project Number: 08-3018 i WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF AI"PORNF,Y TRA"�/ELERS J Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity mid 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. 228389 Certificate No. 006033150 IINOW AUL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St,Paul Guardian Insurance Company,St,Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Inwa,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 Melody Clemans,Darwin Ricoh,Michael Rucker,Michele Stonecipher,and Sarah Fray of the City of LynttW0od _. ,State of Washington ,their tine and lawful Aftorney(s)-iml'act, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,reeognizanees,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seats to be hereto affixed,this _ 26th day of August 2014 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 ONBU -q�ItY Stft 4 A11 INS s"ja\MSUF °P 0.Y rA)IO �nur6MFe0 Sltir'(F�.1 3� 4p 6 ,l .�� • ?i Pay �'�p0.PYflb>�1P'APORq ° m NaatFOaa c. as Isa aPAilltp m .coax G t896 ° o i`><,n as * ¢,a o +�•........'S ;...... r. �.�' J T� F "a'2gwxce` �•�;,•:wN.•' �s,.;r State of Connecticut By: City of Hartford as. Robert L.Raney,5enior Vice President On this the 26th day of August 2014 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty hrsurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury hnsurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that lie,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. p.Tl7 n n�, _J Lt Witness Whereof,I hereunto set my hand and official seal. U7'TAIi _...._._. � N" C r My Commission expires the 30th day of June,2016, * p L`p YF Marie C.Tetreault,Notary Public 58440-8-12 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 BORDERT�k� i This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,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 Snotty 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-Pact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given hini or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking i shall be valid and binding upon the Company when(a)signed by the Presiders,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 duty attested and scaled with the f Company's seal by a Secretary or Assistant Secretary;or(b)duty 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 or 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 tire 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 proposes 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 under signed,Assistant See]otary,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 drat the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in lull 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 day of ,20 _ Kevin E.Hughes,Assistant Sec Lary casun{rTr9t�' S 9 c,"4,. o\*M ,yar, xs q y nxiv Akas eW."9urtY G q ia P 2.• 9 J ..Ht F p 4l M1O D ,�,.M�� (b0.POfl,�>CYS Q, tlOPA ni tY L ,5 ter' '14828 o Ta "^ 12� C �( �+ I� oa re m: tWirroRn, u w.mPJ �i mum v6 G�1977 1951 �. SE NG`oi ONN. 9R � Y Y 1896 �L ¢ \\\ Oar °t NAn 0 tt• ' rr. 'aq......._,'aa'j s", . n J D ah��:�- ,✓s.AH zs.......��� 'iA fl„+ . via �Y{A1N 4k44 To verify the authenticity of this Power of Attorney,call I-800-421-3880 or contact us at www.trivelersbond.coni.Please refer to the Andincy-In-Face number,the above-named individuals and the details of the bond to which the power is attached. `I 4 I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Ii CONTRACT THIS AGREEMENT, made in duplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), andBuckley Nursery company organized under the laws of the State of Washington located and doing business at 16819 92nd St. E - Sumner, WA 98390 ("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: Leber Homestead Soil Preparation/Project Number: 08-3018 in accordance with and as described in the Contract and shall perform any alterations in or additions to the work provided under the Contract and every part thereof. The Contract shall include all project specifications, provisions, and plans; the City's general and special conditions; the 2014 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. The Contractor is responsible to obtain copies of the 2014 WSDOT Standard Specifications including the latest amendments issued by WSDOT as of the date of bid opening. 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) working 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 and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract 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. 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. Leber Homestead/Knox 26 3uly 23, 2014 Project Number: 08-3018 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. Leber Homestead/Knox 27 July 23, 2014 Project Number: 08-3018 CITY OF KENT • lam__-..- BY: SUZ COO E,, MAYOR DATE;--- ATTEST' n BREN©A y�OB :4-tITY CLERK APPROV D AS TO M: wv\,- KENT LAW DEPARTMENT CONTRACT07 BY PRINT NAME: William D. " mings ii TITLE: VP DATE: 9/8/14 Leber Homestead/Knox 28 July 23, 2014 Project Number: 08-3018 EXHIBIT INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than j $3,000,000 per occurrence and in the aggregate. Products and Completed j Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. Leber Homestead/Knox 29 July 23, 2014 Project Number: 08-3018 i i EXHIBIT A (Continued) 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following j provisions for Automobile Liability and Commercial General Liability: 1. The Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor 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 Contractor'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. D. Contractor's Znsurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. i E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. Leber Homestead/Knox 30 July 23, 2014 Project Number: 08-3018 EXHIBIT A (Continued) F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN II. i G. Verification of Coverage Contractor 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Flo Subcontractors Contractor 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 Contractor. I II Leber Homestead/Knox 31 July 23, 2014 Project Number: 08-3018 CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD(YYYY) l 9/S/2014 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 CONTACT NAME: Carol Derrell PLC Insurance, LLC PtIONE se. 14251712-3664 FAX (A 25)712-3785 D Nn: 4211 Alderwood Mall Blvd, #210 aoDRESS•carold@plcins.com INSURER(ST AFFORDING COVERAGE NAISp Lynnwood WA 98036 INSURER A:Ameri can States Insurance Come A XV INSURED INSURER B: _ Buckley Nursery Company, Inc. INSURER C: 16819 - 92nd Street East INSURER D; INSURER E Sumner WA 98390 1 INSURER F: COVERAGES CERTIFICATE NUMBER:14/15 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. MISS _ ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIODIYYYY MMlDDIYYYY LIMITS GENERAL LIABILITY - EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED / PREMISES IE... anc¢ $ 200,000 A CLAIMS-MADE WOCCUR X lCI692761-2 j /1/2014 /1/2015 RED EXP(Any one person) S 10,000 PERSONAL A ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS AGO $ 2,000,000 POLICY X PRO LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E d $ 1,000,000 A X ANYAUTO p! BODILY INJURY(Par person} $ ALL OWNED SCHEDULED IC1692761-2 5/1/2014 /1/2015 AUTOS AUTOS BODILY INJURY(Per ecGtlen() $ HIRED AUTOS AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Pet accitlenl $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 4,000,000 A EXCESS LAG CLAIMS-MADE AGGREGATE S 4,000,000 DED X RETENTION$ 10,00 #ACStop 429989-2 /1/2014 /1/2015 S A WJC?CtX➢AARS)6iQ WM 4X K WC STATU- OTH- >CNK EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER(EXECUTIVE E.L.EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUOED7 ff (Mandatory in NH) G92761-2 tl /1/2019 /1/2015 EL,DISEASE-EA EMPLOYE- S 1 000 000 If yes,DESCRIPTION describe antler Ga 000 000 DESCRIPTION un OPERATIONS below P DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: Leber Homestead Soil Preparation, Kent, WA. The City of Kent is included as Primary Additional Insured, including Completed Operations and Waiver of Subrogation for General Liability, for operations performed by, or on behalf the named insured, as per i forms CG2404 0509, CG7680 1002, and CG8672 1002 attached. 30 Days notice of cancellation, except 10 days for non payment cancellation. I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE i THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent, WA 98032 AUTHORIZED REPRESENTATIVE f Mike Rucker/MONICA ACORD 25(2010/06) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(2ofomfoi The ACORD name and loco are reeistered marks of ACORD �1 f lt.itae.(y - CO 66 72 10 02 i� Nodhivc-t, w_-rtNm,=m iaaac..v I POLICY NUMBER: 01 0 6927 61-2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL.GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or org for whom you are required by written contract , agreement or permit to provide completed operations coverage. Location and Description of Completed Operations: Your work on all jobs at all locations for the named person or organization. Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION 11 — WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only to the extent you are held liable due to "your work" at the location designated and described in the schodule of this endorsement for that insured and included in the "product-completed operations hazard". I I i ® Includes Copyrighted Information of ISO Properties, Inc., 2001 with permission CG 86 72 10 02 EP i C pG4AFflINT00I257�-Wf3U i POLICY NUMBER: OICI692761-2 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART I SCHEDULE Name Of Person Or Organization: Any person or organization for whom you are required by written contract,agreement or permit to waive rights of recovery. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of - Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All terms and conditions of this policy apply unless modified by this endorsement. i CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 i i REPRINTED FROM THE ARCHIVE,THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS "" '.. �l t y!<- Liberty CIS 70 00 10 02 �-° North�sest. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL. INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are required by written contract, agreement or permit to provide a primary and non- contributory additional insured endorsement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II — WHO IS AN INSURED is amended you. Coverage shall be limited to the extent of your to include as an additional insured the person or negligence or fault according to the applicable princi- organization shown in the Schedule subject to the ples of comparative fault. following provisions: 1. The additional insured is an insured but only for The insurance provided will not exceed the lesser of: liability directly resulting from: a. The coverage and/or limits of this policy, or a. your ongoing operations for the additional in- b. The coverage and/or limits required by the sured whether the work is performed by you contract, agreement or permit. or for you; or IS. the general supervision of your ongoing op- With respect to the insurance afforded the additional insured, paragraph 4. of SECTION IV — COMMER- erations by the additional insured. CIAL GENERAL LIABILITY CONDITIONS is de- 2. This insurance does not apply to: leted and replaced by the following: a. "Bodily injury" or `property damage" arising 4. Other Insurance out of any act or omission of, or for detects a. This insurance is primary and noncontrib- in design furnished by or for, the additional utory, and our obligations are not affected by insured or any other insurance where the additional in- b. "Bodily Injury" or "property damage" in- sured is the Named Insured, whether pri- cluded within the "products-completed oper- mary, excess, contingent, or on any other ations hazard." basis; however, the defense of any claim or "suit" must be tendered as soon as practi- A person's or organizatiorfs status as an additional cable to all other insurers which potentially insured under this endorsement ends when your op- provide insurance for such claim or "suit". orations for that insured are completed. b. This additional provision applies only to the additional insured shown in the Schedule No coverage will be provided if, in the absence of this and the coverage provided by this endorse- endorsement, no liability would be imposed by law on ment. i I i so 76 80 10 02 0P II AFPMETA2g6PFINT00h222901531 {ICI 1 I Policy Number: OIC1692761-2 i i COMMERCIAL AUTO CA71100307 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifles insurance provided under the following: I BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION BLANKET ADDITIONAL INSURED Paragraph 2.b, of the CANCELLATION Common SECTION II — LIABILITY COVERAGE — A.1. WHO Policy Condltion Is replaced by the following: IS AN INSURED provision Is amended by the addition b. 60 days before the effective date of cancellation of the following: If we cancel for any other reason, e. Any person or organization for whom you are re- quired by an "insured contract" to provide Insur- TEMPORARY SUBSTITUTE AUTO — PHYSICAL once Is an 'Insured", subject to (he following DAMAGE COVERAGE additional provisions; Under paragraph C, — CERTAIN TRAILERS, MO- (1) The "insured contract" must be In effect BiLE EQUIPMENT AND TEMPORARY SUBSTITUTE during the policy period shown in the Dacia- AUTOS of SECTION 1 — COVERED AUTOS, the rations"and must have been executedprior following Is added: to the bodily Injury" or property damage", (2) This person or organization Is an "Insured" If Physical Damage coverage is provided by this Cov- only to the extent you are liable due to your erage Form, then you have coverage for: ongoing operations for that insured, whether the work is performed by you or for you, and Any "auto" you do not own while used with the per- only to the extent you are held liable for an mission of Its owner as a temporary substitute for a "accldent" occurring while a covered "auto" covered "auto'" you own that Is out or service be- is being driven by you or one of your em- cause of Its breakdown, repair, servicing, "loss" or ployees, destruction. (3) There Is no coverage provided to this person BROAD FORM NAMED INSURED or organization for "bodily injury" to Its em- ployees, nor for "property damage" to its SECTION If — LIABILITY COVERAGE — AA. WHO property. IS AN INSURED provision Is amended by the addition (4) Coverage for this person or organization of the following: shall be limited to the extent of your negli- gence or fault according to the applicable all. Any business entity newly acquired or formed by principles of comparative negligence or fault, you during the policy period provided you own (5) The defense of any claim or "sult" must be 50% or more of the business entity and the tendered by this person or organization as business entity Is not separately insured for soon as practicable to all other insurers Business Auto Coverage. Coverage is extended which potentially provide insurance for such up to a maximum of 160 days following acqulsi- claim or "suit". tion or formation of the business entity. Coverage under this provision Is afforded only until the end of file policy period. Includes copyrighted material of Insurance Services Office, Inc„ with Its permission. Copyright, Insurance Servioes Office, Inc., 1997 CA 71 10 03 07 Page 1 of 6 GP r . (6) The coverage provided will not exceed the PERSONAL EFFECTS COVERAGE lesser of: A. SECTION III -- PHYSICAL DAMAGE COVER- (a) The coverage and/or limits of this policy; AGE, AA. COVERAGE EXTENSIONS, is or amended by adding the following: (b) The coverage and/or limits required by c. Personal Effects Coverage the "Insured contract", For any Owned "auto" that is Involved in a (7) A person's or organization's status as an covered °loss", we will pay up to $500 for "Insured" under this subparagraph d ends "personal effects" that are lost or damaged when your operations for that "insured" are as a result of the covered "loss", without completed, applying a deductible. EMPLOYEE AS INSURED EXTRA EXPENSE — BROADENED COVERAGE Under Paragraph A. of Section 11 — LIABILITY COV- Paragraph A. — COVERAGE of SECTION 111 ERAGE item L is added as follows: PHYSICAL DAMAGE COVERAGE is amended to Your "employee" while using his owned °auto", or an add; "auto" owned by a member of his or her household, 5. We will pay for the expense of returning a stolen In your business or your personal affairs,provided you covered "auto" to you, do not own, hire or borrow that "auto".This coverage is excess to any other ooflectlble Insurance coverage. AIRBAG COVERAGE FELLOW EMPLOYEE COVERAGE Under paragraph B. — EXCLUSIONS of SECTION IiI —PHYSICAL DAMAGE COVERAGE, the following is Exclusion 5. FELLOW EMPLOYEE of SECTION II — added; LIABILITY COVERAGE — B. EXCLUSIONS Is amended by the addition of the following: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. However, this exclusion does not apply If the "bodily Injury" results from the use of a covered "auto" you NEW VEHICLE REPLACEMENT COST own or hire, and provided that any coverage under this provision only applies in excess over any other Under Paragraph C LIMIT OF INSURANCE of collectible insurance. Section III — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: BLANKET WAIVER OF SUBROGATION 2. An adjustment for depreclaiion and physical con- We waive the right of recovery we may have for pay- dition will be made in determining actual cash ments made for "bodily injury" or "property damage" value In the event of a total loss. However,In the on behalf of the persons or organizations added as event of a total loss to your "new vehicle" to "Insureds" under Section ll —LIABILITY COVERAGE which this coverage applies, as shown in the -- A9,D. BROAD FORM NAMED INSURED and declarations,we will pay at your option: A,1,e, BLANKET ADDITIONAL INSURED. a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- PHYSiCAL DAMAGE — ADDITIONAL TRANS. eluding any Insurance or warranties pur- PORTATION EXPENSE COVERAGE chased; The first sentence of paragraph A.k. of SECTION II! b. The purchase price, as negotiated by us; of — PHYSICAL DAMAGE COVERAGE Is amended as a new vehicle of the same make, model and follows: equipment, not including any furnishings, parts or equipment not Installed by the We will pay up to $50 per day to a maximum of manufacturer or manufacturer's dealership. $1,600 for temporary transportation expense Incurred If the same model Is not available pay the by you because of the total theft of a covered "auto" purchase price of the most similar model of the private passenger type, available; Page 2 01 6 c. The market value of your damaged vehicle, a. Actual cash value of the damaged or stolen not including any furnishings, parts or equip- property as of the time of the "lass", less an ment not installed by the manufacturer or adjustment for depreciation and physical manufacturer's dealership. condition; or This coverage applies only to a covered "auto" b, Balance due under the terms of the loan or of the private passenger, light trust( or medium lease that the damaged covered "auto" is truck type (20.000 Ibs or less grass vehicle subject to at the time of the "foss", less any weight) and does not apply to initiation or set up one or all of the following adjustments: costs associated with loans or leases. (1) Overdue payment and financial TWO OR MORE DEDUCTIBLES penalties associated with those payments as of the data of the Under SECTION III — PHYSICAL DAMAGE COV- ERAGE, if two or more "company" pelleies or cover- (2) Financial penalties Imposed under a i age forms apply to the same accident, the fallowing lease due to high mileage, exoes- applies to paragraph D. Deductible: sive use or abnormal wear and tear. a. If the applicable Business Auto deduct- (3) Costs for extended warranties, Cre- this Is the smaller (or smallest) deduct- dit Life Insurance, Health, Accident ible it will be waived; or or Disability Insurance purchased Is. If the applicable Business Auto deduct- with the loan or lease. Ible is not the) smaller (or smallest) de- (4) Transfer or rollover balances from ductible it will be reduced by the amount previous loans or leases. of the smaller (or smallest) deductible; (5) Final payment due under a "Balloon or Loan". a. If the Joss involves two or more Busi- (6) The dollar amount of any ness Auto coverage forms or policies un-repaired damage that .occurred the smaller (or smallest) deductible will prior to 1he "fatal loss" of a covered be waived. "auto". For the purpose of this endorsement (7) Security deposits not refunded by a company" means: lessor, a. Safeco Insurance Company of America (S) All refunds payable or paid to you b, American States Insurance Company as a result of the early termination c, General Insurance Company of America of a lease agreement or any war- ranty or extended service agree- d, American Economy Insurance Company ment on a covered "auto". e, First National Insurance Company of (9) Any amount representing taxes. America (10) Loan or lease termination fees C American States Insurance Company of Texas GLASS REPAIR -- WAIVER OF DEDUCTIBLE g. American States Preferred Insurance Company Under paragraph D. — DEDUCTIBLE of SECTION 111 i —PHYSICAL DAMAGE COVERAGE, the following Is h, Safeco Insurance Company of Illinois added: i LOANILEASE GAP COVERAGE No deductible applies to glass damage If the glass is repaired rather than replaced. Under paragraph C — LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, AMENDED DUTIES IN THE EVENT OF ACCI- the following Is added: DENT, CLAIM, SUIT OR LOSS I 4. The most we will pay for a total "loss" in any one The requirement In LOSS CONDITION 2.a. "accident" Is the greater of the following, subject DUTIES IN THE EVENT OF ACCIDENT, CLAIM, to a$1,500 maximum limit: SUIT OR LOSS — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an CA 71 10 0.1 07 Pape 3 of 6 EP i "accident" applies only when the "accident" Is known deductible and excess provisions, we will provide to: coverage equal to the broadest coverage applicable (1) You, if you are an individual; to any covered "auto" you own. (2) A partner, if you are a partnership; or HIRED AUTO PHYSICAL DAMAGE COVERAGE LOSS OF USE (3) An executive officer or insurance manager,if you are a corporation. SECTION III — PHYSICAL DAMAGE AA.b. Form does not apply. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Subject to a maximum of$1,000 per accident, we will cover loss of use of a hired "auto" If it results from SECTION IV — BUSINESS AUTO CONDITIONS _ an accident, you are legally liable and the lessor In- 8.2. Is amended by the addition of the following: curs an actual financial loss. If you unintentionally fail to disclose any hazards ex- RENTAL REIMBURSEMENT COVERAGE Isting at the Inception date of your policy, we will not A. We will pay for rental reimbursement expenses deny coverage under this Coverage Form because of incurred by you for al rental of a "auto" be- such failure, However, this provision does not affect cause of a covered "loss" t a f an"d °auto". cur right to collect atio additional premium or exercise our Payment applies in addition to the otherwise ap- right of cancellation or non-renewal, plicable amount of each coverage you have on a HIRED AUTO — LIMITED WORLD WIDE COVER- covered "auto". No deductibles apply to this coverage. AGE B. We will pay only for those expenses incurred Under Section IV -- Business Conditions, Paragraph during the policy period beginning 24 hours after B.7.b,9(1) is replaced by the following: the "loss" and ending, regardless of the policy's (1) The "accident" or "loss" results expiration,with the lesser of the following number from the use of an "auto" hired for of days: 30 days or less, 1. The number of days reasonably required to RESULTANT MENTAL ANGUISH COVERAGE "loaf" or replace the covered "auto If "loss" is caused by theft; this number of days Is added to the number of days it takes SECTION V — DEFINITIONS —C. is replaced by the to locate the covered "auto" and return it to following: you, "Bodily injury" means bodily injury, sickness or dls- 2. 30 days. ease sustained by a person Including mental anguish C. our payment is limited to the lessee of the fol- or death resulting from any of these. lowing amounts: HIRED AUTO PHYSICAL DAMAGE COVERAGE 1. Necessary and actual expenses Incurred. i If hired "autos" are covered °autos" for Liability cov- 2. $50 per day, erage and if Comprehensive, Specified Causes of D. This coverage does not apply while there are Loss or Collision coverages are provided under this spare or reserve "autos" avallable to you for your Coverage Form for any "auto" you own, then the operations. Physical Damage Coverages provided are extended to °autos" you hire or borrow. E. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay The most we will pay for loss to any hired "auto" Is under this coverage only that amount of your $50,000 or Actual Cash Value or Cast of Repair, rental reimbursement expenses which Is not al- whichever is smallest, minus a deductible. The de- ready provided for under the PHYSICAL DAM- ductibie will be equal to the largest deductible appil- AGE COVERAGE Coverage Extension, cable to any awned "auto" of the private passenger F. The Rental Reimbursement Coverage describedcol or light truck type for that coverage, Hired Auto col- . above does not apply to a covered "auto" that is steal Damage coverage is excess over any other - lectible Insurance. Subject to the above limit, described or designated as a covered "auto" on asso 4 of 6 i I Rental Reimbursement Coverage Form the manufacturer for the Installation of a CA 99 23. radio. i AUDIO, VISUAL AND DATA ELECTRONIC C, Limit of Insurance EQUIPMENT COVERAGE With respect to this coverage, the LIMIT OF IN- A. Coverage SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. We will pay with respect to a covered "auto" 1. The most we will pay for '"lass" to audio, vi- sual or data electronic equipment and any receives or transmits audio, visual or data accessories used with this equipment as a signals and that is not designed solely for the result of any one "accident`is the lessor of: reproduction of sound.This coverage applies only If the equipment is permanently installed a. The actual rash value of the damaged in the covered "auto" at the time of the or stolen property as of the time of the 'loss" or the equipment is removable from a "loss"; or housing unit which is permanently installed b. The cost of repairing or replacing the In the covered "auto" at (lie time of the damaged or stolen property with other Woss", and such equipment (s designed to property of like kind and quality, be solely operated by use of the power from the "auto's"electrical system, in or upon the c, $1,000, Covered "auto". 2, An adjustment for depreciation and physical 2. We will pay with respect to a covered "auto" condition will be made In determining actual for "loss" to any accessories used with the cash value at the time of the "loss'% electronic equipment described In paragraph 3, If a repair or replacement results in better A.I. above, than like kind or quality, we will not pay for However, this does not Include tapes, the amount of the betterment. records or discs. D. Deductible 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 1, If "loss" to the audio, visual or data elec- ts attached to this policy, then the Audio, VI- tronlc equipment or accessories used with sual and Data Electronic Equipment Cover- this equipment is the result of a "loss" to the age described above does not apply. covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- e, Exclusions sion Coverage, then for each covered "auto" The exclusions that apply to PHYSICAL DAM- our obligation to pay for, repair, return or re- AGE COVERAGE, except for the exclusion relat- place damaged or stolen property will be re- Ing to Audio, Visual and Data Electronic duced by the applicable deductible shown In Equipment, also apply to this coverage, In adds- the Declarations, Any Comprehensive Cov- erage deductible shown In the Declarations does not apply to "toss" to audio, visual or We will not pay for either any electronic equip- data electronic equipment caused by fire or meet or accessories used with such electronic lightning. equipment that is: 2, it "loss" to (he audio, visual or data aleo- 1, Necessary for the normal operation of the tronlc equipment or accessories used with covered "auto" for the monitoring of the this equipment Is the result of a "loss" to the covered "auto's" operating system: or covered "auto" under the Business Auto 2 Both: Coverage Form's Specified Causes of Loss Coverage, then for each covered auto our a, an Integral part of the same unit housing obligation to pay for, repair, return or replace any sound reproducing equipment de- damaged or stolen property will be reduced signed solely for Ilia reproduction of by a$100 deductible, sound if the sound reproducing 3, If "loss" occurs solely to the audio, visual or equipment Is permanently Installed In data electronic equipment or accessories the covered "auto'; and used with this equipment, then for each cov- b. permanently installed in the opening of ered "auto" our obligation to pay for, repair, the dash or console normally used by CA 71 is 03 07 Page 5 of 6 EP I return or replace damaged or stolen property SECTION V — DEFINITIONS is amended by adding will be reduced by a $100 deductible, the following: 4. In the event chat there Is more than one ap- Q. "Personal effects" means your tangible piioeblo deductible, only the highest deduct- property that Is worn or carried by you, ex- Ible will apply. in no event will more than one cept for tools,jewelry, money, or securities. deductible apply. R. "New vehicle" means any "auto" of which you are the original owner and the "auto" has not been previously titled and is lass than 365 days past the purchase date, I I Pago 0 of 6 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..............................................1-2 1-03 Award and Execution of Contract ..........................................1-5 1-04 Scope of the Work ..............................................................1-6 1-05 Control of Work ..................................................................1-8 1-06 Control of Material ............................................................ 1-12 1-07 Legal Relations and Responsibilities to the Public .................. 1-15 1-08 Prosecution and Progress....................................--.......... 1-20 1-09 Measurement and Payment................................................ 1-24 1-10 Temporary Traffic Control .................................................. 1-26 DIVISION 8 MISCELLANEOUS CONSTRUCTION ............................8-1 8-01 Erosion Control and Water Pollution Control ...........................8-1 8-02 Roadside Restoration...........................................................8-8 8-27 Mulch and Topsoil ......................................... ................... 8-12 8-30 Project Signs.................................................................... 8-12 DIVISION 9 MATERIALS...............................................................9-1 9-14 Erosion Control and Roadside Planting...................................9-1 SILT FENCE STANDARD DETAIL ....................................................... A-1 SOIL PREPARATION MAP................................................................. A-2 STABILIZED CONSTRUCTION ENTRANCE DETAIL ............................ A-3 TRAFFIC CONTROL PLAN ................................................................. A-4 PERMITS AND LICENSES.................................................................. A-5 DAILY LOG FORM FOR PESTICIDE APPLICATION............................. A-6 SAMPLE PROJECT SIGN ................................................................... A-7 PREVAILING WAGE RATES............................................................... A-8 I I I Leber Homestead/Knox July 23, 2014 Project Number: 08-3018 i i KENT SPECIAL PROVISIONS The following Kent Special Provisions ("Kent Special Provisions") modify and supersede any conflicting provisions of the 2014 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 ("WSDOT Standard Specifications"), Otherwise all provisions of the WSDOT Standard Specifications shall apply. All references in the WSDOT Standard Specifications to the State of Washington, its various departments or directors, or to the contracting agency, shall be revised appropriately to include the City and/or City Engineer, except for references to State statutes or regulations. 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 BYADDING THE FOLLOWING: 1-01.1 General When these Kent Special Provisions make reference to a "Section," for example, "in accordance with Section 1-01", the reference is to the WSDOT Standard Specifications as modified by these Kent Special Provisions. SECTION 1-01.2(2) IS SUPPLEMENTED BYADDING 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, "CONTRACT"DEFINTION, IS DELETED AND REPLACED WITH THE FOLLOWING: 1-01.3 Definitions The written agreement between the Contracting Agency and the Contractor. It describes, among other things: Leber Homestead/Knox 1 - 1 July 23, 2014 Project Number: 08-3018 i 1 What work will be done and by when; , 2. Who provides labor and materials; and 3. How Contractors will be paid. The Contract includes the Contract (agreement) Form, Bidder's completed Proposal Form, Kent Special Provisions, Contract Provisions, Contract Plans, WSDOT Standard Specifications, Kent Standard Plans, Addenda, various certifications and affidavits, supplemental agreements, change orders, and subsurface boring logs (if any). Also incorporated in the Contract 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; 4. The current edition of the "National Electrical Code." Responsibility for obtaining these publications rests with the Contractor. Incidental Work The terms "incidental to the project," "incidental to the involved bid item(s)," etc., as used in the Contract 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. 1-02 BID PROCEDURES AND CONDITIONS SECTION 1-02.1 IS DELETED AND REPLACED WITH THE FOLLOWING: i 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. The City reserves the right to take any 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"). Leber Homestead/Knox 1 - 2 July 23, 2014 Project Number: 08-3018 bSOZ `£Z Ain[ 8Io£-80 .jagwnN aoaCoad £ - T x0uA/P2a4saw0H aaga-1 paziaoggnyTua.-m aqj uo aeadde (Z) pue '.aauoissiwwoD aoueansul a4e4S uo46ulgseM aqT grim paaa4sibai aq (T) .Ilegs A4aanS aql -paa!nbaa 4uaoaad-S wnwiuiw aqq A31pow o4 Aem Aue ui pauoq!puoo aq qou llegs puoq lesodoad y -AgaanS aq4 pue aapp!g aqT Aq pau6!s aq ilegs pue waoj puoq s,ATiD aqT uo aq pegs puoq lesodoad Auy -(puoq AgaanS) puoq lesodoad e JO ')io@go s,aa!gseo 1gse0 aq Aew 4!sodap sigl 'P!g goea Auedwo00e pegs pig le:loq aq:I, 4o Tuaoaad S 4seal 4e jo 4isodap d &lsodea p18 L'ZO-T --"ONIMO77O-4 314.L H1IM Q33b'7d3U (INV®313730 SI Z'ZO-T NOIJ33S 'S1v11IW9f'!S 3A1SNOds311-NON ®3d3OISNOJ 311V ONV 318VId3J3tf ION MV A213/OI13® 3INO111J313 30 SW11Od 113HIO 110 S3IIWIS3t :1 'sa6ed aanleu6is leui6uo uiequoD Isnw slesodo.ad 'HdVUDV lb'd 1SV7 3H1 01 ONIMO77O-4 3141 ONIQ(7b'A9 Q31N31437ddnS SI 970-T N01133S -ui pali!d Ala4eiado.adde aq 4snw sw.ao3 lesodoad ago ui sjueiq JIV 'pan1a0a.1 uaaq aneq epuaPPV lie }eqT wa!3uo0 Ilegs aappig 91-14 'a6ed ainjeu6!S lesodoad aq4 Uo pap!Aoad coeds aqj uI •piq aq; oTui epuappe panssi Ile a4ejodao0ui pue uie4go 01 AT!l!q!suodsaa alos s,aapp!g ago s! II lesodoad 10 uopeaedaad 91ZO-T 'ONIMO77O-4 3H1 HIM ONIJV7d31/ ®NV HdVUDV Vd OMIH.L 3141 ONI1373CI AS O3SZA3U SI 970-T NOII33S Z£086 uo46uigseM '4ua)i 'JOOIj puoaaS 14aaa4S @MoE) a..saM 0Qb 'quaWIJ2da4 6upeauibug s>laoM oilgnd aqj Ie do pa>lo!d .ao 'I!ew Aq pa}sanba.a aq Aew s4uawnoo4 pig •A6olougoa4 s,A4l:) aq4 ao s,aapp!q aqq Aq pasne0 s1 ssao0e of A4!1!geui Tou ao aagjagm 'uopoauuo0 gauj;D4ui s,A4!D gbnoag4 s4uawnoop P20JUMOP 04 algeun di Uana 's4uawn000 pig u!e4go o4 olq!suodsaa suiewa.a aapp!g anijoadso.ad e '.IaAaMOg :}uawa.anJoa AO 'eMjUa>l'MMM 4e a6.aeg0 ou 4e 6ulpeoluMop Aq io „pig 04 uo!gel!AUI„ aq4 Ul paijiDads se 4uawAed algepunja.a-uou e 6uigsivan3 uodn A4!Z) aqq woad 4oaCo.ad past)Aanpe aqT JOJ „lesodoad pig„ e 6u!pnloui sTuawnnoQ pig uieggo Aew saapplq an!TaadsOad sua.aod lesodoad S'ZO-T 'ONIMO77Od 3H1 H1IM Q3DV7d3U ®Nd O31373Q SI S`ZO-T NOX133S A4iJ age A al loads a0iad a 'P!e 04 u0!4e4!AUI aqq ul ao q p 3 q} 4e A4!J aqq woaj paseg0and aq ueo saldon leuo!4!ppb' �suoile0!3ioads pue sueld aq4 jo saidoo (S) an13 'asn umo s4! .104 'JO4Dea4uOD aqq o} Alddns Ilegs A41D aqT '4oea4uoo aq4 6ulpaeMe uodn suoge:131o9dS pue sueld Z1Z0-T =ONIMO77O3 3H1 1411M (733V7d3M GAfV U31373a SI Z`ZO-T NOIIJ3S i Insurance List in the State of Washington published by the Office of the Insurance Commissioner. The failure to furnish a Bid deposit of a minimum of 5 percent with the Bid shall make the Bid nonresponsive and shall cause the Bid to be rejected by the Contracting Agency. SECTION 1-02.8(2) LOBBYING CERTIFICATION IS REVISED WITH THE FOLLOWING CLARIFICATION: THIS SECTION ONLY APPLIES TO FEDERAL- AID CONTRACTS. SECTION 1-02.9 IS DELETED AND REPLACED WITH THE FOLLOWING: j I 1-02.9 Delivery of Proposal j 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 1-02.10 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.10 Withdrawing, Revising, or Supplementing Proposal After submitting a Bid Proposal to the Contracting Agency, the Bidder may withdraw or revise it if: 1. The Bidder submits a written request signed by an authorized person, and 2. The Contracting Agency receives the request before the time for opening Bids. j i The original Bid Proposal may be revised and resubmitted as the official Bids Proposal if the Contracting Agency receives it before the time for opening Bids. 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, 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 disqualified from submitting a subproposal or quoting prices to other bidders or from making a prime proposal. SECTION 1-02.13 IS REVISED BY DELETING ITEM 1(a) AND REPLACING ITEM 1(a) WITH THE FOLLOWING. 1-02.13 Irregular Proposals a. The bidder is not prequalified when so required. Leber Homestead/Knox 1 - 4 July 23, 2014 Project Number: 08-3018 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 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 INSERTING THE FOLLOWING PARAGRAPH AFTER THE SECOND PARAGRAPH IN THAT SECTION: 1-03.1 Consideration of Bids The City 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 based on the total bid amount, including schedules or alternates selected by the City. 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 working 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. Leber Homestead/Knox 1 - 5 My 23, 2014 Project Number: 08-3018 No claim for delay shall be granted to the Contractor due to its failure to submit the required documents to the City in accordance with the schedule provided in these Kent Special Provisions. SECTION 1-03.4 IS SUPPLEMENTED BYADDING THE FOLLOWING TO THE FIRST PARAGRAPH: I 1-03.4 Contract Bond 5. The Contract Bond shall remain in force for one year following the Final Acceptance Date to ensure defects are corrected during the one-year guarantee period. SECTION 1-03.7IS DELETED AND REPLACED WITH THE FOLLOWING: 1-03.7 Judicial Review Any decision made by the City 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 King County Superior Court, 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 i THROUGH 7 IN THE SECOND PARAGRAPH AND REPLACING WITH THE FOLLOWING 8 ITEMS: 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda 1. Approved Change Orders 2. The Contract Agreement 3. Kent Special Provisions 4. Contract Plans Leber Homestead/Knox 1 - 6 July 23, 2014 Project Number: 08-3018 i i 5. Amendments to WSDOT Standard Specifications 6. WSDOT Standard Specifications 7. Kent Standard Plans 8. WSDOT Standard Plans SECTION 1-04,4 IS REVISED BY DELETING THE THIRD PARAGRAPH (INCLUDING SUBPARAGRPHAS A AND B). i 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 1-04.6 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-04.6 Variation in Estimated Quantities Payment to the Contractor will be made only for the actual quantities of Work performed and accepted in conformance SECTION 1-04.9 IS DELETED AND REPLACED WITH THE FOLLOWING: SECTION 1-04.7IS REVISED BY DELETING THE SECOND PARAGRAPH AND REPLACING WITH THE FOLLOWING: 1-04.7 Differing Site Conditions (Changed Conditions) Upon written notification, the Engineer will investigate the conditions and if he/she determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any Work under the Contract, an adjustment will be made and the Contract modified in writing accordingly. No claim for loss of anticipated profits will be allowed when determining this adjustment. The Engineer will notify the Contractor of his/her determination whether or not an adjustment of the Contract is warranted. I SECTION 1-04.9 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-04.9 Use of Private Properties Staging and storage locations are part of the Project and must be properly permitted for that use. As a result, if appropriate permits for the selected staging and storage locations have not been obtained, the Contractor will obtain those permits before putting the site to its intended use. Leber Homestead/Knox 1 - 7 July 23, 2014 Project Number: 08-3018 Limits of construction are indicated or defined on the plans. The Contractor shall confine all construction activities within these limits. Potential locations for a staging and storage area are shown on the plans. The City has obtained all permits and approvals necessary for the Contractor's use of this site within the limits shown on the plans and specified herein. Should the Contractor choose not to use the City-provided staging and storage area(s); the Contractor may pursue a different location. It is the Contractor's sole responsibility to obtain all necessary permits/approvals to use the private property, specifically including, without limitation, all permits or approvals subject to State Environmental Policy Act, Shoreline Management Act, and critical areas regulations. Before using any other property as a staging or storage area (or for any other use), the Contractor shall thoroughly investigate the property for the presence of critical areas, buffers of critical areas, or other regulatory restrictions as defined in Kent City Code, county, state or federal regulations, and the Contractor shall provide the City written documentation that the property is not subject to other regulatory requirements or that the Contractor has obtained all necessary permits/approvals needed to use the property as the Contractor intends. Upon vacating the private property the Contractor shall provide the City written verification that it has obtained all releases and/or performed all mitigation work as required by the conditions of the permit/approval and/or agreement with the property owner. All costs associated with the use of the City-provided site are included in the individual bid items. Should the Contractor choose not to use the City-provided staging and storage area, the Contractor shall not be entitled to additional compensation or an extension of the time of completion of the Contractor for any work associated with the permitting, mitigation or use of private property. SECTION 1-04.11 ITEM 2 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-04.11 Final Cleanup 2. Remove from the project all unapproved p a and/or unneeded material left from grading, surfacing, or paving. 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, the Engineer may correct and remedy that work as may be identified in the written notice, by any means that the Engineer may deem necessary, including the use of City forces or other contractors. Leber Homestead/Knox 1 - 8 July 23, 2014 Project Number: 08-3018 i i 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 the 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 and 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. Direct and indirect costs shall include, 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 remedy available under law with respect to the Contractor's failure to perform the work as required. SECTION 1-05.10 IS SUPPLEMENTED B'YADDING 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 project, with the Engineer, in support of the Engineer's effort to establish a list of corrective work required under the guarantee. Upon receipt of written notice of such required corrective work, the Contractor shall pursue vigorously, diligently, and without unauthorized interruption of city facilities, the work necessary to correct the items listed. SECTION 1-05.11 IS DELETED AND REPLACED WITH THE FOLLOWING: L 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 in writing that the Engineer 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. Leber Homestead/Knox 1 - 9 July 23, 2014 Project Number: 08-3018 i 2. Only minor incidental work, replacement of temporary substitute facilities, or correction or repair work remains to reach physical completion of the work. i 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. i If, after this inspection, the Engineer concurs with the Contractor that j 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 from the Engineer 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. 1-05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and the Engineer agrees that the work is ready for Final Inspection, the Contractor, by written notice, shall request that the Engineer 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 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. Leber Homestead/Knox 1 - 10 July 23, 2014 Project Number: 08-3018 Upon correction of all deficiencies, the Engineer will notify the Contractor, 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. 1-05.11(3) Operational Testing It is the intent of the City to have at the Physical Completion Date a complete and operable system. Therefore when the work involves the installation of machinery or other mechanical equipment, street lighting, electrical distribution of signal systems, building or other similar work, it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the Physical Completion Date. Whenever items of work are listed in the contract provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. In the event the contract does not specify testing time periods, the default testing time period shall be twenty-one (21) calendar days. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment that prove faulty or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing shall be included in the various contract bid item prices unless specifically set forth otherwise in the contract. Operational and test periods, when required by the Engineer, shall not affect a manufacturer's guaranties or warranties furnished under the terms of the Contract, 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. Leber Homestead/Knox 1 - 11 July 23, 2014 Project Number; 08-3018 i Within ten (10) days of contract award, the Contractor shall designate the Contractor's project manager and superintendent for the contract work. I If at any time during the contract work, the Contractor elects to replace j the contract manager or superintendent, the Contractor shall only do so after obtaining the Engineer's prior written approval. SECTION 1-05.14IS SUPPLEMENTED BYADDING THE FOLLOWING; I 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: N/A SECTION 1-05 IS SUPPLEMENTED BYADDING 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 unofficial information and in no way binding upon the City, j 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 BYADDING THE FOLLOWING NEW SECTIONS: 1-06.6 Submittals 1-06.6(1) Submittal Procedures Leber Homestead/Knox 1 - 12 July 23, 2014 Project Number: 08-3018 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. 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 The Contractor shall create and 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 can be modified, deducted, or added to by the City. The schedule shall be available at the preconstruction conference (see 1-08.0) of the Kent Special Provisions. The schedule of submittals must be accepted prior to the City making the first progress payment. The schedule shall 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. The schedule shall 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 for the Engineer's review of each submittal or resubmittal. All submittals shall be in accordance with the approved schedule of submittals. Submittals shall be made early enough to allow adequate time for manufacturing, delivery, labor issues, additional review due to inadequate or incomplete submittals, and any other reasonably foreseeable delay. 1-06.6(3) Shop Drawings, Product Data, and Samples The Contractor shall submit the following for the Engineer's review: 1. Shop Drawings: Submit an electronic copy or three paper copies. Submittals will be marked, stamped and returned to the Contractor. The Contractor shall make and distribute any required copies for its superintendent, subcontractors and suppliers. 2. Product Data: Submit an electronic copy or three paper copies. Submittals will be marked, stamped and returned to the Contractor. The Contractor shall make and distribute any required copies for its superintendent, subcontractors and suppliers. Leber Homestead/Knox 1 - 13 July 23, 2014 Project Number: 08-3018 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. i Content of submittals: 1. Each submittal shall include all of the items required for a complete assembly or system. 2. Submittals shall contain all of the physical, technical and performance data required to demonstrate conclusively that the items comply with the requirements of the Contract. 3. Each submittal shall verify 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. 4. The Contractor shall label each Product Data submittal, Shop Drawing or Sample with the bid item number and, if a lump sum bid item, provide a reference to the applicable KSP paragraph. The Contractor shall 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. The City encourages a creative approach to complete a timely, economical, and quality project. Submittals that contain deviations from the requirements of the Contract 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, explain its advantages, and explain how the proposed alternate meets or exceeds the Contract requirements. 3. State the reduction in Contract Price, if any, which is offered to the City. The Engineer retains the exclusive right, at his or her sole discretion, to accept or reject any proposed deviation with or without cause. The Engineer will stamp and mark each submittal prior to returning it to the Contractor. The stamps will indicate one of the following: i 1. "APPROVED AS SUBMITTED" - Accepted subject to its compatibility with the work not covered in this submission. This response 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 the work not covered in this submission. This response does not constitute approval or deletion of specified or i Leber Homestead/Knox 1 - 14 July 23, 2014 Project Number: 08-3018 i required items not shown in the partial submission. No resubmission is required. 3. "AMEND AND RESUBMIT" - Rejected because of major inconsistencies, errors or insufficient information that shall be resolved or corrected by the Contractor prior to subsequent re- submittal. An amended resubmission is required. i Re-submittals that contain changes that were not requested by the Engineer on the previous submittal shall note all changes and be accompanied by a letter explaining the changes. 1-06.6(4) Proposed Equivalents I i The Engineer retains the exclusive right, at his or her sole discretion, to j accept or reject any proposed equivalent with or without cause. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC SECTION 1-07.1 %S 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 YS DELETED AND REPLACED W%TH 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 shall contact the Washington State Department of Revenue for answers to questions in this area. The City will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability. The Contractor shall include all Contractor-paid taxes in the 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. Leber Homestead/Knox 1 - 15 July 23, 2014 Project Number: 08-3013 The City 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 60.28.051). 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; 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. Exception: The City 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. Leber Homestead/Knox 1 - 16 July 23, 2014 Project Number: 08-3018 1-07.2(4) Services The Contractor shall not collect retail sales tax from the City on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 224). SECTION 1-07.6 IS SUPPLEMENTED BY ADDING THE FOLLOWING. 1-07.6 Permits and Licenses The City has obtained a National Pollutant Discharge Elimination System (NPDES) General Construction Stormwater Permit for construction activities associated with the Leber Homestead Soil preparation project (Tab 9). The Contractor is expected to maintain compliance with this permit throughout the duration of the project. The City has also obtained coverage as a limited agent under the Washington State Department of Agriculture's Aquatic Noxious Weed Control permit (Tab 9). The Contractor is expected to maintain compliance with the guidelines set forth in this permit as they pertain to activities taking place before, during, and after construction. This includes, but is not limited to the documentation and reporting of herbicide application for the control of State identified noxious weeds. The Contractor will maintain a Record of Daily Pesticide Application (Tab 10) and submit it to the project Ecologist within one week of application whenever pesticides are applied. 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. Approved permits shall be furnished to the City upon completion of the project and prior to final acceptance. The Contractor shall promptly notify the City in writing of any variance in the contract documents with the laws, ordinances, rules, regulations, and orders. SECTION 1-07.9(1) IS SUPPLEMENTED BY INSERTING THE FOLLOWING PARAGRAPH AFTER THE SIXTH PARAGRAPH: 1-07.9(l) 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, Leber Homestead/Knox I - 17 July 23, 2014 Project Number: 08-3018 SECTION 1-07.13(.3) IS DELETED IN ITS ENTIRETY. 1-07.13(3) Relief of Responsibility for Damage by Public Traffic SECTION 1-07.13(4) IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.13(4) Repair of Damage I 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 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 1-07.17IS REVISED BYADDING THE FOLLOWING SENTENCE TO THE END OF THE SECOND PARAGRAPH., 1-07.17 Utilities and Similar Facilities If a utility is known to have or suspected of having underground facilities within the area of the proposed excavation and that utility is not a subscriber to the utilities underground location center, the Contractor shall give individual notice to that utility within the same time frame prescribed in RCW 19.122.030 for subscriber utilities. SECTION 1-07.17IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTIONS: 1-07.17(3) Utility Markings Once underground utilities are marked by the utility owner or its agent, and/or once new underground facilities have been installed by the Contractor, the Contractor/excavator is responsible to determine the precise location of underground facilities that may conflict with other underground construction. The Contractor shall maintain the marks or a record of the location of buried facilities for the duration of time needed to avoid future damage until installation of all planned improvements at that location is complete. 1-07.17(4) Payment All costs to comply with subsection 1-07.17(3) and for the protection and repair of all identified or suspected underground utilities 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. Leber Homestead/Knox 1 - 18 July 23, 2014 Project Number: 08-3018 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 provide written notice (or other form of notice acceptable to the Engineer) to 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 all property affected by this project and that it is knowledgeable of specific locations for water, gas, telephone, electric power and combined sewerage utilities within those areas. The following list of contacts is provided only as a convenience to the Contractor. It may not be accurate and may not constitute a complete list of all affected utilities. CenturvLink Comcast Tonna Baruso Jerry Steele (206) 387-3263 (cell) (206) 391-1763 Puget Sound Energy Verizon Anita Yurovchak Brad Landis (253) 476-6304 (425) 201-0901 (206) 276-3635 (425) 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 Contract, which constitute the Contractor's insurance requirements for this project. SECTION 1-07.24 IS DELETED AND REPLACED WITH THE FOLLOWING: I 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. SECTION 1-07.26 IS DELETED AND REPLACED WITH THE FOLLOWING: I 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. Leber Homestead/Knox 1 - 19 July 23, 2014 Project Number: 08-3018 i 1-08 PROSECUTION AND PROGRESS SECTION 1-08 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 1-08.0 Preconstruction Conference i The Engineer will furnish the Contractor with up to five copies of the Contract. 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 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 preconstruction conference will be held with the Contractor, the Engineer and any other interested parties that the City determines to invite. The purpose of the preconstruction conference will be: 1. To review the initial progress schedule. 2. To establish a working understanding among the various parties associated or affected by the work. 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc. 4. To 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 preconstruction conference 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. Temporary Erosion/Sedimentation Control Plan (TESCP) for approval. 6. Traffic Control Plan (TCP) for approval. 7. Request to sublet, for approval by the Engineer, of all subcontractors. SECTION I-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 Leber Homestead/Knox 1 - 20 July 23, 2014 Project Number: 08-3018 approved by and filed with the City. Unless otherwise approved in writing by the Engineer, 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 working 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. Except in the case of emergency or unless otherwise approved by the Engineer, the normal straight time working hours for the Contractor shall be any consecutive 8 hour period between 7:00 a.m. and 6:00 p.m. Monday through Friday, unless otherwise specified in the Kent 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 6:00 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 6:00 p.m. is not required. For any work outside of normal straight time working hours that requires city surveyors, all reasonable efforts shall be made by the Contractor to allow time for surveying to be completed during normal straight time hours. If city surveyors are required to work other than normal straight time hours at the convenience of the Contractor, all such work shall be reimbursed by the Contractor. Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject to noise control requirements. Approval to continue work during these hours may be revoked at any time the Contractor exceeds the 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: hours worked by City employees; impacts to the construction schedule; or accommodations to adjoining properties affected by the contract work. Leber Homestead/Knox 1 - 21 July 23, 2014 Project Number: 08-3018 II 1-08.4(A) Reimbursement for Overtime Work of City Employees Following is a non-exclusive list of work that may require Contractor reimbursement for overtime of City employees. i 1. If locate work is required to re-establish marks for City-owned underground facilities that were not maintained or recorded by the Contractor in accordance with RCW 19.122.030, the City will bill the Contractor for the work. Such billing may be at the OVERTIME RATE in order for locate crews to complete other work. If the locate request is for nights, weekend, holidays or at other times when locate crews are not normally working, all locate work and expenses, including travel, minimum call out times, and/or Holiday premiums will be borne by the Contractor. 2. Work required by city survey crew(s) as the result of reestablishing survey stakes or markings that were not maintained or recorded by the Contractor or other work deemed to be for the convenience of the Contractor and not required of the City by the contract. 3. Work required by City personnel or independent testing laboratories to re-test project materials, utility pressure or vacuum tests, camera surveys or water purity tests as the result of initial test failure on the part of 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 resources will be available to meet the accelerated schedule, No additional compensation will be allowed if the Contractor is not able to meet its accelerated schedule due to the unavailability of City 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. i If the Engineer deems that the original or any necessary supplemental progress schedule does not provide adequate information, the City may withhold progress payments until a schedule containing needed information has been submitted by the Contractor and approved by the Engineer. 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 THE THIRD PARAGRAPH AND REPLACING WITH THE FOLLOWING: Leber Homestead/Knox 1 - 22 July 23, 2014 Project Number: 08-3018 1-08.5 Time for Completion Contract time shall begin on the day of the Notice to Proceed. The Contract Provisions may specify another starting date for Contract time, in which case, time will begin on the starting date specified. SECTION 1-08.6 IS REVISED 8Y DELETING THE FIFTH AND SIXTH PARAGRAPHS AND REPLACING WITH THE FOLLOWING; 1-08.6 Suspension of Work If the performance of all or any part of the Work is suspended, for an unreasonable period of time by an act of the Contracting Agency in the administration of the Contract, or by failure to act within the time specified in the Contract (or if no time is specified, within a reasonable time), the Engineer will make an adjustment for any increase in the cost or time for the performance of the Contract (excluding profit) necessarily caused by the suspension. However, no adjustment will be made for any suspension, if (1) the performance would have been suspended, by any other cause, including the fault or negligence of the Contractor, or (2) an equitable adjustment is provided for or excluded under any other provision of the Contract. If the Contactor believes that the performance of the Work is suspended, for an unreasonable period of time and such suspension, is the responsibility of the Contracting Agency, the Contractor shall immediately submit a written notice of protest to the Engineer as provided in Section 1-04.5. No adjustment shall be allowed for any casts incurred more than 10 calendar days before the date the Engineer receives the Contractor's written notice to protest. The Contractor shall keep full and complete records of the costs and additional time of such suspension, and shall permit the Engineer to have access to those records and any other records as may be deemed necessary by the Engineer to assist in evaluating the protest. i SECTION 1-08.7 MAINTENANCE DURING SUSPENSION IS REVISED 8Y DELETING THE FOURTH AND SIXTH PARAGRAPHS. SECTION 1-08.8 IS REVISED 8Y DELETING PARAGRAPHS 1 THROUGH 3 AND REPLACING THEN 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, Leber Homestead/Knox 1 - 23 July 23, 2014 Project Number: 08-3018 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, ITEM 1 IN PARAGRAPH 7IS DELETED AND REPLACED WITH THE FOLLOWING: 1. Failure to obtain all materials and workers. 1-09 MEASUREMENT AND PAYMENT I 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). 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. Contract number. 8. Unit of measure. 9. Legal gross weight in Remarks section. 10. 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 IS SUPPLEMENTED BYADDING THE FOLLOWING NEW SECTION: 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 Leber Homestead/Knox 1 - 24 July 23, 2014 Project Number: 08-3018 i 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. 6. Cost of City personnel to re-establish locate marks for City-owned facilities that were not maintained by the Contractor in accordance with RCW 19.122.030 (3). 7. Additional inspection, testing and lab fees for re-doing failed, water, other utility tests. 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 I All disputes arising under this contract shall proceed pursuant to Section 1-04.5 and 1-09.11 of the WSDOT Standard Specifications and any Kent Special Provisions provided for in the contract for claims and resolution of disputes. The provisions of these sections and the Kent Special Provisions must be complied with 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, the exclusive means of Contractor's right to appeal shall Leber Homestead/Knox 1 - 25 July 23, 2014 Project Number: 08-3018 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. i 1-10 TEMPORARY TRAFFIC CONTROL I SECTION 1-10.1 IS SUPPLEMENTED BY ADDING THE FOLLOWING: I 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 that may occur on highways, roads, streets, sidewalks, pedestrian paths, 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. SECTION 1-10.2(1) IS SUPPLEMENTED BYADDING THE FOLLOWING: 1-10.2(1) General The TCS shall be certified as a work site traffic control supervisor by one of the following: Evergreen Safety Council 401 Pontius Avenue North Seattle, WA 98109 1 (800) 521-0778 or (206) 382-4090 The Northwest Laborers-Employers Training Trust 27055 Ohio Avenue Kingston, WA 98346 (360) 297-3035 1-10.3(3) Traffic Control Devices SECTION 1-10.3(3)A IS DELETED AND REPLACED WITH THE FOLLOWING: I 1-10.3(3)A Construction Signs I Payment for setup and take down of construction 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) of the WSDOT Standard Specifications, and for transportation described in Section 1-10.3(2) of the WSDOT Standard Specifications when there is a contract price for "Traffic Control Vehicle." Leber Homestead/Knox 1 - 26 July 23, 2014 Project Number: 08-3018 i SECTION 1-10.5.IS DELETED AND REPLACED WITH THE t OLLOWZNG; 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: 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 WSDOT Standard Specifications, 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. When the proposal does not include a bid item for a specific bid item listed in the WSDOT Standard Specifications and/or the Kent 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 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 WSDOT Standard Specifications. I Leber Homestead/Knox 1 - 27 July 23, 2014 Project Number: 08-3018 I DIVISION 8 - MISCELLANEOUS CONSTRUCTION 8-01 EROSION CONTROL AND WATER POLLUTION CONTROL SECT%ON 8-01.1 XS SUPPLEMENTED BYADDING 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 Kent Special Provisions, and ordered by the Engineer as work proceeds. The TESCP are intended to minimize erosion and sedimentation as well as protect waters of the state and the city`s municipal separate storm sewer system (MS4) as required by law. SECTION 8-01.2 %S SUPPLEMENTED BYADDING THE FOLLOWING: 8-01.2 Materials Materials shall meet the requirements of the following sections of the Kent Special Provisions and the WSDOT Standard Specifications: Seed.....................................8-01.3(2)B and 9-14.2 Fertilizer ...............................8-01.3(2)B and 9-14.3 Mulch and Amendments..........8-01.3(2)D and 9-14.4 Tackifier................................8-01.3(2)E and 9-14.4(7) 8-01.3 Construction Requirements SECTION 8-01.3(1) IS SUPPLEMENTED BYADDING THE FOLLOWING. 8-01.3(1) General Preventing and controlling pollution, erosion, runoff, and related damage requires the Contractor to install temporary stormwater best management practices (BMPs) as per the plans and as directed by the City. As site conditions dictate, additional BMPs may be required. The contractor shall anticipate the need for additional best management practices and propose necessary changes to the City. Should the Contractor fail to install the required temporary erosion and sediment control (TESC) measures or to perform maintenance in a timely manner, or fail to take immediate action to install additional approved measures, all fines, cost of cleanup, costs for delays and j down time shall be borne by the Contractor. 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. I I Leber Homestead/Knox 8 - 1 July 23, 2014 Project Number: 08-3018 The Contractor shall provide the Engineer a minimum of two working days notice prior to clearing adjacent to any wetland, creek or other sensitive area. During the construction period, no disturbance beyond the flagged clearing limits shall be permitted. The flagging shall be maintained by the Contractor for the duration of construction. The TESC facilities shall be in accordance with and conform to the Kent Surface Water Design Manual, the WSDOT Standards Specifications, and the Ecology Construction Stormwater General Permit (if applicable), except as modified by the Kent Design and Construction Standards or these Kent Special Provisions. 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 requirements of this section shall apply to all areas of the site subject to construction activity as described in the WSDOT Standard Specifications, the Kent Special Provisions and contract plans, including Contractor construction support facilities, Contractor personnel parking areas, equipment and material storage/layclown 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)A IS SUPPLEMENTED BY ADDING THE FOLLOWING., 8-01.3(1)A Submittals Prior to the start of any construction activities, the Contractor shall submit for the Engineer's review and approval, the following, as necessitated by the work: 1. Dewatering Plan 2. Spill Prevention Control and Countermeasures Plan 3. Stream Bypass Plan for in-water work 4. Name and contact info for Contractor's CESCL SECTION 8-01.3(1) IS SUPPLEMENTED BYADDING THE FOLLOWING NEW SECTIONS: 8-01.3(1)F Applicable Regulations and Criteria All construction activities are subject to applicable federal, state, and local permits. The Contractor shall comply with 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. RCW 90.48.080 Discharge of pollutants prohibited Leber Homestead/Knox 8 - 2 July 23, 2014 Project Number: 08-3018 3. City of Kent 2002 Surface Water Design Manual 4. Construction Stormwater General Permit - WA Department of Ecology 8-01.3(1)G Water Quality Monitoring Sampling of site stormwater discharges is only required if the project is covered under the WA Department of Ecology Construction Stormwater General Permit, or at the direction of the Project Ecologist if there is a suspected discharge that exceeds state water quality standards. If the project is covered under the Construction Stormwater General Permit, then the Contractor shall conduct sampling as per the conditions listed in the permit. Any results that are outside the appropriate range of compliance will require immediate implementation of adaptive management as outlined in applicable permits, stormwater pollution prevention plan, and as directed by the Engineer. All sampling records shall be submitted to the Engineer by the last day of the monitoring period. All necessary adaptive management requirements shall be the responsibility of the Contractor to implement and maintain. All costs for this work shall be included in the various unit contract bid prices. 8-01.3(2) Seeding, Fertilizing and Mulching SECTION 8-01.3(2)8 XS DELETED AND REPLACED WITH THE FOLLOWING; B-01.3(2)B Seeding and Fertilizing Topsoil and all other unpaved and unsodded areas disturbed as part of this project shall be seeded. Hydroseeding shall be the method of seed application. Hydroseed shall consist of a slurry composed of water, seed, fertilizer, tackifier, and mulch and shall be evenly broadcast over areas to be seeded. All work shall conform in all respects to Section 8- 01 of the WSDOT Standard Specifications,including timing restrictions in 8-01.3(2)F, 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. Leber Homestead/Knox 8 - 3 July 23, 2014 Project Number: 08-3018 Hydroseed mixture 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 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 that 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 where hydroseeding is not practical must be seeded by approved hand methods as approved by the engineer. When seeding by hand, Contractor shall incorporate seed into the top 1/4 inch of soil. The hydroseed slurry shall 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 mixed in the proportions indicated in the WSDOT Standard Specifications and Kent Special Provisions. Seed shall meet the minimum percentages of purity and germination specified Section 9-14.2 of the Kent Special Provisions. Seed shall be applied at the rate of 120 pounds per acre or as otherwise approved by the Project Ecologist. The Contractor shall protect seed from hydration, contamination, and heating during delivery, storage, and handling. Seed shall be stored in a cool dry location away from contaminants. 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. Leber Homestead/Knox 8 - 4 July 23, 2014 Project Number: 08-3018 i 3. Mulch: As needed to meet requirements of Sections 8-01.3(2)D and 9-14.4, 4. 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 not be applied on any creek sideslopes in order to avoid contamination of these creeks. 5. 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 held spreader. The seed shall be evenly distributed over the disturbed area. Apply seed mix after fertilizing and rake the seed into the surface soil to a depth of 1/4-inch. Hand seeding must be approved by the Project Ecologist. 6. If the slurry is used for temporary erosion control it shall be applied at the following rates: EROSION CONTROL: Seed 170 Ibs/acre of seed mix identified at Kent Special Provisions 9-14.2 unless otherwise directed by Engineer. Fertilizer 400lbs/acre Wood Fiber 2,000 Ibs/ acre Tackifier 80lbs/acre SECTION 8-01.3(2)D IS DELETED AND REPLACED WITH THE FOLLOWING: 8-01.3(2)D Mulching Wood cellulose fiber mulch conforming to Section 9-14.4 of the WSDOT Standard Specifications shall be used where mulch is called for on this project. The application rate shall be 2,000 pounds to the acre in accordance with Section 8-01 of the WSDOT Standard Specifications. Mulch shall be incorporated into the slurry of seed and fertilizer. I Mulch of the type specified in Section 9-14.4(2) shall be included in the hydroseeding process. Wood cellulose fiber used as a mulch shall be suitable for application with hydroseeders as specified in Section 8-01.3(2)B. The application of seed, fertilizer, and mulch shall be required in a single operation for all seed applications, unless otherwise directed. Mulch materials, shall be furnished, hauled, and evenly applied at the rates indicated, and shall be spread on seeded areas immediately after seeding unless otherwise specified. I i Distribution of straw mulch material shall be by means of an approved type mulch spreader, which utilizes forced air to blow mulch material on seeded areas, in spreading straw mulch, the spreader shall not cut or Leber Homestead/Knox 8 - 5 July 23, 2014 Project Number: 08-3018 i break the straw into short stalks. Straw mulch shall be applied at a rate to achieve a loose, overall thickness of three (3) inches. I Areas not accessible by mulching equipment shall be mulched by approved hand methods and shall achieve similar results. Mulch sprayed on signs or sign structures shall be removed the same day. SECTION 8-01.3(2)E IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.3(2)E Soil Binders and 'Tacking Agents Unless specified otherwise, wood cellulose fiber mulch per Section 9-14.4(2) of the WSDOT Standard Specifications shall have tackifier incorporated into the mulch fiber during manufacture. If additional tackifier is required, the tackifier shall be Type A as specified in Section 9-14.4(7) of the WSDOT Standard Specifications. When specified, soil binders and tacking agents shall be applied in accordance with the manufacturer's recommendations. 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 September 1 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. SECTION 8-01.3(2)H IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.3(2)H Inspection Leber Homestead/Knox 8 - 6 July 23, 2014 Project Number: 08-3018 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, re-mulch or re-fertilize 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 consistent with the Kent Special Provisions 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 BYADDING THE FOLLOWING: 8-01.3(9)D Inlet Protection Cleaning and maintenance of inlet protection shall not flush sediment, or sediment-laden water into the downstream system. SECTION 8-01.3 IS SUPPLEMENTED BYADDING THE FOLLOWING NEW SECTION; 8-01.3(17) Vehicle Maintenance and Storage Handling and storage of fuel, oil and chemicals shall not take place within 50 feet of waterways. Storage shall be 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 approved by the engineer. Fencing shall be provided around storage area. Locks shall be provided on all valves, pumps, and tanks. Materials used to clean up fuel, oil, and chemical spills shall be disposed of as directed by the engineer. Water used for washing vehicles and equipment shall not be allowed to enter storm drains or other State waters. No processed waste water(s) of any kind shall be discharged onto the ground, to surface waters, or to stormwater conveyance systems. SECTION 8-01.5IS SUPPLEMENTED BYADDING 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 behind the sidewalk, even where it is only a narrow strip. 2. Other areas as directed by the Engineer. Leber Homestead/Knox 8 - 7 July 23, 2014 Project Number: 08-3018 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. The 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. Note requirement in Kent Special Provisions Section 8-02.3(16)C to mow newly established lawn during the growing season. Grass mowing as specified is considered incidental to this bid item. The unit bid price per lineal foot for "Filter Fabric Fence" constitutes complete compensation for all labor, tools, materials, supplies and equipment necessary to construct and install the fence as shown on the plans, including fabric, posts and gravel to anchor fabric. This bid item also includes: maintenance throughout the project; and removal and disposal of the fence and accumulated sediment as directed by the Engineer. 8-02 ROADSIDE RESTORATION SECTION 8-02.1 IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-02.1 Description Drawings and Specifications: Definitions: The word "provide" means "furnish and install" (for landscaping only). Dimensions and Measurements: Dimensions govern when shown. Scale is approximate. Contractor shall check all dimensions in the field and verify them with respect to adjacent or incorporated work. Any discrepancies in the drawings shall be brought to the immediate attention of the Engineer before work proceeds further. Number of Specified Items Required: Wherever in these Kent Special Provisions an article, device or piece of equipment is referred to in the singular number, such reference shall include as many such items as are shown on drawings or required to complete the installation. i I SECTION 8-02.1 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 8-02.1(1) Submittals The Contractor shall submit within 20 days after Notice to Proceed date a list of all plant material indicating source of supply, order invoice, size and quantity for such species or variety. All plant materials shall meet requirements of State and Federal laws with respect to inspection for plant diseases and infestations. Leber Homestead/Knox 8 - 8 July 23, 2014 Project Number: 08-3018 i i Inspection certificates required by law shall accompany each shipment of plant material and submitted to the Engineer. SECTION 8-02.2 IS DELETED AND REPLACED WITH THE FOLLOWING. 8-02.2 Materials Materials shall meet the requirements of the following sections: i Seed ........................................................KSP 9-14.2 Fertilizer...................................................WSDOT 9-14.3 Mulch and Amendments .............................WSDOT 9-14.4 Wood Cellulose Fiber..................................WSDOT 9-14.4(2) Wood Chip Mulch .......................................KSP 8-17 & WSDOT 9-14.4(3) Erosion Control Devices ..............................WSDOT 9-14.5 8-02.3 Construction Requirements SECTION B-02.3(1) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-02.3(1) Responsibility During Construction The Contractor shall at all times keep the planted areas free from accumulations of waste materials or rubbish. Upon completion of the planting work, the Contractor shall immediately remove all refuse and debris resulting from the planting activities. The project will not receive either preliminary or final approval if the cleanup does not meet with the approval of the Engineer. SECTION B-02.3(3) IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-02.3(3) Weed and Pest Control During the maintenance period, all surviving weeds are to be spot- treated (as per 8-02.3(3)B) or removed by hand during monthly growing season maintenance visits (see KSP 8-02.3(16)C unless otherwise approved by the Engineer. SECTION B-02.3(3)B IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-02.3(3)B Chemical Pesticides I "Herbicide Application" shall include all labor, equipment, herbicides, surfactant, adjuvant, travel time, administration, licensing, training, record keeping and any other cost associated with this activity. Herbicide will be mechanically sprayed in large, open areas, and carefully hand-sprayed near water, property lines and around existing trees and shrubs that are to be maintained. Target plants to be treated include: Grasses, common tansy, tansy ragwort, blackberry, Canada thistle and other plants and invasive species as directed. Special care shall be taken to avoid damage to existing trees, desirable native vegetation, adjacent property and neighboring beehives, Leber Homestead/Knox 8 - 9 July 23, 2014 Project Number: 08-3018 i i i Application of chemical pesticides shall be only by licensed applicators in accordance with label recommendations, the Washington State Department of Ecology and Agriculture laws and reculations. And, Kent critical areas ordinance (KCC 11.06), applicators shall provide a current herbicide applicator's license during time of bid submittal. Applicators shall comply with all requirements of WSDOT Standard Specifications 8- 02.3(3)B. Applicator will submit a herbicide plan (as part of the plant establishment plan) to the Ecologist no more than seven days after bid award and at least seven days prior to herbicide application (unless otherwise directed by the Ecologist). This herbicide plan will detail: Proposed dates, methods and rates of application, specific herbicide, surfactant and adjuvants (if any) to be used, maps of where specific chemicals will be used and names of applicators who will be involved. Safeguards and contingency plans will be laid-out in case wind speeds exceed 8 miles per hour or if it has rained or is predicted to rain within 24 hours of pesticide application. Records of all herbicide spraying activities will be supplied to the Ecologist with each invoice prior to payment. In addition, during each day that pesticide is applied, the Contractor shall complete and submit a Commercial Pesticide Application Record (WSDOT Form 540-509) to the Ecologist as required in Standard Specification 8-02.3(3)B. SECTION 8-02.3(S) IS DELETED AND REPLACED WITH THE FOLLOWING: 8-02.3(5) Planting Area Preparation "Soil Preparation" shall include all equipment, labor and materials necessary to prepare a suitable seed-bed and to ensure satisfactory establishment of the erosion-control seed mix. This shall include: 1) Disking or Rototilling up grasses and invasive species after herbicide application to a depth of 6" (or Ecologist-approved depth near tree and shrub roots) to ensure that existing sod layer is well incorporated and a uniform grain size and soil texture is achieved; If clods greater than —1" remain after rototilling, another pass may be necessary. 2) Ensuring adequate compaction/aeration of planting area — Suitable compaction can be determined by the "shovel test" where a shovel driven under body-weight can be driven down to the length of the blade with only minor resistance. This is typically achieved when soils are compacted from 80 — 85% maximum compaction. Watering or rolling after rototilling may be necessary to ensure adequate compaction and a smooth surface to maximize seed/soil contact. I Leber Homestead/Knox 8 - 10 July 23, 2014 Project Number: 08-3018 THE SECOND PARAGRAPH OF SECTION 8-02.3(16)B IS DELETED AND REPLACED WITH THE FOLLOWING. 8-02.3(16)B Lawn Establishment The lawn (erosion control mix) establishment period shall begin immediately after the lawn planting has been accepted by the Ecologist and shall extend for one year. The mowing shall be done in accordance with KSP 8-02.3(16)C. SECTION 8-02.3(26)C IS DELETED AND REPLACED WITH THE FOLLOWING: 8-02.3(16)C Lawn Mowing and Weed Control Mowing shall occur once per month during the growing season between March 1't and October 31s' for one year after lawn acceptance. Lawn mowing will occur on the entire site outside of the existing tree line (approx. 6.5 acres), unless otherwise directed by the Project Ecologist. Follow-up weed control, including spot treatment of surviving or re- sprouted weeds, is also included on the entire site (approx. 8.0 acres). Care will be taken to ensure that planted shrubs and trees (planted by others) and existing native vegetation are not damaged by mowing or herbicide treatment. If damage occurs, Ecologist will determine the number of plants impacted and they shall be replaced and replanted at Contractor's time and expense. 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 BYADDING THE FOLLOWING. 8-02.5 Payment Payment will be made in accordance with Section 1-04.1, for each of the following listed Bid items: Leber Homestead/Knox 8 - 11 July 23, 2014 Project Number: 08-3018 "Herbicide Application," per acre, shall be full-compensation for all labor, equipment, herbicides, surfactant, adjuvant, travel time, administration, licensing, training, record keeping and any other cost associated with this activity in compliance with KSP and WSDOT 8- 02.3(3)B. "Lawn Mowing and Weed Control," per each, shall be full compensation for all labor and equipment necessary to maintain the lawn and planting areas as per KSP 8-02.3(3), 8-02.3(16) B and 8-02.3(16)C. This item shall include eight (8) monthly maintenance visits where mowing and weed control will occur unless otherwise directed by the Project Ecologist. "Soil Preparation," per acre, shall be full-compensation for all labor and equipment to prepare a suitable seed bed and ensure optimum establishment of the hydroseeded seed mix (see KSP 9-14.2). This shall include rototilling or disking and compaction (as needed). 8-27 MULCH AND TOPSOIL 8-27.1 Description The work consists of supplying and installing wood chip mulch and compost as shown and described on the plans. 8-27.2 Materials "Wood Chip Mulch" shall conform to WSDOT Standard Specifications 9-14.4(3). 8-27.5 Payment The unit contract price per each for "Wood Chip Mulch" constitutes complete compensation to supply and install these items as shown on the plans. DIVISION 8 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 8-30 PROJECT SIGNS 8-30.1 Description This work shall consist of furnishing, constructing, and maintaining project signs complying with the requirements of these specifications where shown in the plans or where directed by the Engineer. All project signs 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 facility when so directed by the Engineer, 8-30.2 Materials Sign materials shall generally conform to the following requirements: i Leber Homestead/Knox 8 - 12 July 23, 2014 Project Number: 08-3018 Sign Board......... 1/2 inch IVIDO G2S (good two sides) plywood, 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. Paint................. Good quality exterior enamel. Primer............... Good quality primer compatible with selected enamels Letters .............. Premium quality vinyl with self-stick back or hand painted enamel meeting requirement for paint, Decal ................ Furnished by the City of Kent. 8-30.3 Construction Requirements 8-30.3(IL) 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 as shown in Kent Standard Plan 6-13. 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 three (3) 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. Reference Kent Standard Plan 6-13. 8-30.3(4) Painting The face and edges of the 1/2 inch plywood sign board shall have one prime coat and two coats of exterior enamel. The posts, braces, and back of the sign board shall each have one coat of primer and exterior enamel. Paint enamel colors shall be red, blue, black and white as specified on Standard Plan 6-13 of the Special Provisions. 8-30.3(5) Letter Types The letter type shall be solid Helvetica medium, except in the cartoon balloon which shall be as indicated on Standard Plan 6-13 of the Special Provisions. 8-30.3(6) General Layout The general layout shall conform to Kent Standard Plan 6-13. 8-30.4 Measurement Leber Homestead/Knox 8 - 13 July 23, 2014 Project Number: 08-3018 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 noncompliance 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 per each for "Project Sign" price constitutes complete compensation for furnishing all labor and materials, to install and maintain the project sign for the life of the project or until ordered removed by the Engineer. Failure to procure signs when available or 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 under this bid item. Said adjustment shall be determined solely by the Engineer and is not negotiable except at the Engineer's discretion. I III, I I Leber Homestead/Knox 8 - 14 July 23, 2014 Project Number: 08-3018 MATERIALS ®IVISI®M 9 ® 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: WSDOT Erosion Mix ® 40% Creeping Red Fescue ® 40% Perennital Rye-Grass ® 10% Highland Colonial Bentgrass 10% White Clover 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. The City reserves the right to reject any or all plant material at any time until final inspection or acceptance. The Contractor shall remove rejected plants immediately from site. The Contractor shall produce upon request sales receipt for all nursery stock and certificates of inspection. i I Leber Homestead/Knox 9 - 1 July 23, 2014 Project Number: 08-3018 i i I) SILT FENCE STANDARD DETAIL i Leber Homestead/Knox A - 1 July 23, 2014 Project Number: 08-3018 SECTION D.3 ESC MEASURES DA3 PERIMETER PROTECTION Perimeter protection to filter sediment from sheetwash shall be located downslope of all disturbed areas and shall be installed prior to upslope grading. Perimeter protection includes the use of vegetated strips as well as,constructed treasures,such as'silt fences,fiber rolls,sand/gravel barriers,brush or rock filters, triangular silt dikes and other methods. During the wet season,50 linear feet of silt fence(and the necessary stakes)per acre of disturbed area must be.stockpiled on site. Purpose:The purpose of perimeter protection is to reduce the amount of sediment transported beyond the disturbed areas of the construction site. Perimeter protection is primarily a backup means of sediment control. Most,if not all,sediment-laden water is to be treated in a sediment trap,or pond. The only circumstances in which perimeter control is to be used as a primary means of sed mcut removal is when the catchment is very small(see below). When to Install:Perhneter protection is to be installed prior to any upslope clearing and grading. Measures to Use; The above measures may be used interchangeably and are not the only perimeter protection measures available. If surface water is collected by an interceptor dike or swale and routed to a sediment pond or trap,there may be no need for the perimeter protection measures specified in this section. Criteria for Use as Primary Treatment:At the boundary of a site,perimeter protection may be used as the sole form of treatment when the flowpath meets the criteria listed below. If these criteria are not met, perimeter protection shall only be used as a backup to a sediment trap or pond. Average Slope Slope Percent Flowpath Length 1.511:1 V or less 67%or less 100 feet 2H:1 V or less 50%or less 115 feet 411:1V or less 25%or less 150 feet 611:1 V or less 16.7%or less 200 feet 1 Off:IV or less 10%or less 250 feet D.3.3.1 SILT PENCE Code: SF Symbol: -X X—X--( Purpose Use of a silt fence reduces the transport of coarse sediment from a construction site by providing a temporary physical barrier to sediment and reducing the runoff velocities of overland flow, Conditions of Use 1. Silt fence may be used downslope of all disturbed areas. 2. Silt fence is not intended to treat concentrated flows,nor is it intended to treat substantial amounts of overland flow. Any concentrated flows must be conveyed through the drainage system to a sediment trap or pond. The only circumstance in which overland flow may be heated solely by a silt fence, rather than by a sediment trap or pond,is when the area draining to the fence is small(see"Criteria for Use as Primary Treatment"on page D-30). Design and Installation Specifications 1. See Figure D.3.3.A and Figure D.3.3.13 for details. 1/9/2009 2009 Surface Water Design Manual—Appendix D D-30 i I D.3.2 COVER MEASURES Design and Installation Specifications 1. Compost shall be applied at a minimum of inches thick,unless otherwise directed by an ESC supervisor or King County. At an application of 2 inches,this will equal approximately 100 tons per acre(compost generally weighs approximately 800 Is per cubic yard). Thickness shall be increased at the direction ofthe design engineer for disturbed areas in or near critical areas or other areas highly susceptible to erosion. I Compost shall meet criteria in WAC 173-350-220 (10)for Designation of Composted Materials, 3. Compost shall be obtained from a supplier meeting the requirements of WAC 173-350-220. 4. Compost blankets shall be applied over the top of the slope to which it is applied,to prevent water from running under the blanket 5. Compost blankets shall not be used in areas exposed to concentrated flow(e.g. channels,ditches, dikes) Maintenance Standards 1. The specified thickness of the blanket/cover must be maintained. 2. Any areas that show signs of erosion must be re-mulched. If the erosion problem is drainage related, then the drainage problem must first be remedied and then the eroded area re-mulched. 2009 Surface Water Design Manual—Appendix D 1l412004 D.3.3 PERIMETER PROTECTION I 2, `the geotextile used must meet the standards listed below. A copy of the manufacturer's fabric specifications must be available,on site. i AOS (ASTM D4751) 30-100 sieve size(0.60-0.15 min)for slit film 50-100 sieve size(0.30-0.15,mm)for other fabrics Water Permittivity(ASTM D4491) 0.02 sect minimum Grab Tensile Strength(ASTM D4632) 130 lbs.min.for extra strength fabric 100lbs, min,for standard strength fabric Grab Tensile Elongation (ASTM D4632) 30%max. Ultraviolet Resistance(ASTM D4355) 70% min. 3. Standard strength fabric requires wire backing to increase the strength of the fence. Wire backing or closer post spacing may be required for extra strength fabric if field performance warrants a stronger fence, 4. Where the fence is installed,the slope shall be no steeper than 2II:IV. 5. If a typical silt fence(per Figure D.3.3.A)is used,the standard 4 x 4 trench may not be reduced as long as the bottom 8 inches of the silt fence is well buried and secured in a trench that stabilizes the fence and does not allow water to bypass or undermine the silt fence, Maintenance Standards 1. Any damage shall be repaired immediately. 2. If concentrated flows are evident uphill of the fence,they must be intercepted and conveyed to a sediment trap or pond, 3. It is important to check the uphill side of the fence for signs of the fence clogging and acting as a barrier to flow and then causing charmelizafron of flows parallel to the fence. If this occurs,replace the fence or remove the trapped sediment. 4, Sediment must be removed when the sediment is 6 inches high. 5. If the filter fabric(geotextile)has deteriorated due to ultraviolet breakdown,it shall be replaced, I IGURE D.3.3,A SILT FENCE JOINTS IN FILTER FABRIC SHALL BE SPLICED AT POSTS, USE STAPLES, WIRE RINGS, OR EQUIVALENT TO ATTACH FABRIC TO POSTS. 2"x2" BY 14 Ga. WIRE OR EQUIVALENT, IF STANDARD STRENGTH FABRIC USED FILTER FABRIC . I =_- J.-- �` Rik- if I 5 6' MAX, MINIMUM 4"x4" TRENCH N BACKFILL TRENCH WITH NATIVE SOIL N 3/4"-1.5" POST SPACING MAY BE INCREASED WASHED GRAVEL TO 6' IF WIRE BACKING IS USED 2"x4" WOOD POSTS, STEEL FENCE NOTE; FILTER FABRIC FENCES SHALL BE POSTS, REBAR, OR EQUIVALENT INSTALLED ALONG CONTOUR WHENEVER POSSIBLE 2009 Surface Water Design Manual—Appendix 1) 1/9/2009 D-31 SECTION D.3 ESC MEASURES III, FIGITI2E D.3.3.1I SILT FENCE INSTALLATION BY SLICING _ I,I SILT -FENCE „ , , ,,,,,,,,,,,,,,,,,,,,,, STEP OF FABRIC T0P 6 _. LT FLdW 100Y COMPACTION DIAGONAL ATTACHMENT EACH SIDE DOUBLES STRENGTH ATTACHMENT DETAILS: 1, GATHER FABRIG AT POSTS, IF NEEDED, 2. UTILIZE THREE TIES PER POST, ALL WITHIN TOP 8" OF FABRIC, NOTES 3. POSITION EACH TIE DIAGONALLY, PUNCTURING HOLESz VERTICALLY A MINIMUM-OF 1" APART. 1, POST SPACING; 7' MAX. ON OPEN RUNS 4' MAX. ON POOLING AREAS, 4. HANG EACH TIE ON A POST NIPPLE AND TIGHTEN SECURELY. USE CABLE TIES 2. POST DEPTH: AS MUCH BELOW (50 LBS) OF SOFT WIRE, GROUND AS FABRIC ABOVE GROUND. 3. PONDING HEIGHT MAX. 24" ATTACH FABRIC TO UPSTREAM SIDE OF POST. - 4, DRIVE OVER EACH SIDE OF`SILT ROLL OF SILT FENCE FENCE 2 TO 4 TIMES WITH DEVICE EXERTING 66 P.S.I. OR GREATER. �• NO MORE THAN 24" OF A 36 FABRIC IS ALLOWED ABOVE GROUND. PLOW 6, VIBRATORY PLOW IS NOT ACCEPTABLE BECAUSE OF HORIZONTAL COMPACTION. —r OPERATION FABRIC ABOVE GROUND SLICING BLADE o (1 Bmm WIDTH) HORIZONTAL CHISEL POINT (76mm WIDTH) 200-300mm T I III SILT FENCE,INSTALLATION BY SLICING METHOD 1l9J2009 2009 Surface Water Design Manual—Appendix D D-32 i I I SOIL PREPARATION MAP I Leber Homestead/Knox A - 2 July 23, 2014 Project Number: 08-3018 GREEN RIVER NOTES1, DO NOT DAMAGE TREES OR ROOTS, 2. SOIL PREPARATION PER PROJECT SPECIFICATIONS. PROPERTY BOUNDARY 3. STABILIZED CONSTRUCTION ENTRANCE SHALL BE INSTALLED AT THE BEGINNING OF �e CONSTRUCTION AND ,8 C_ MAINTAINED FOR THE DURATION OF THE PROJECT. ADDITIONAL STABILIZATION UI �� AND SWEEPING MAY BE � ! REQUIRED TO ENSURE THAT 11 TRACK—OUT DOES NOT OCCUR OFF OF THE SITE j AND ALL PAVED AREAS ARE PARCEL KEPT CLEAN FOR THE / t 2522049023 j DURATION OF THE PROJECT. SILT FENCE 650 CY MULCH u PILE 'x� Li PARCEL I 0200000127 f i y 1\ x1 N v oo v`fy •( ,-\ ,Irk ¢o � I� CL i 0 - PARCEL VICINITY MAP 0200000126 A� r � $ = 1 � v X a _ ��)262nd—Sl` STABILIZED CONSTRUCTION ACCESS PER PROJECT SPECIFICATIONS '\ LEGEND � c1 HERBICIDE, TILL AND F , HERBICIDE A HYDROSEED ARE L� ONLY AREA EXISTING V SILT EXISTING 2 —Il— 's77N ST A.- - FENCE FENCE r TREES \,I SOIL PREPARATION MAP CITY OF KENT ENGINEERING DEPARTMENT 400 W. OOWE ST KENT, WA. 06032 KENT LEBER HOMESTEAD PROJECT DULY, 1014 SCALE[ 1^ = ib0' !y\Fn.Yn.n^nlnl\Dq�illiq I^F^�Dmn^f..\^vAiFifn\GII D.ann.n#Inn\(1q_L1t0.Clfll ODFD6D6T/N1 FVYIDIT Avn l/�S IOiNI 0.ti 1fi ENTRANCESTABILIZED CONSTRUCTION i i I I i I I Leber Homestead/Knox A - 3 July 23, 2014 Project Number: 08-3018 i D.3.4 TRAFFIC AREA STABILIZATION i D.3.4.1 STABILIZED CONSTRUCTION ENTRANCE � ICode: CE Symbol: I i Purpose Construction entrances are stabilized to reduce the amount of sediment transported onto paved roads by motor vehicles or runoff by constructing a stabilized pad of quarry spalls at entrances to construction sites, Conditions of Use i Construction entrances shall be stabilized wherever traffic wilt be leaving a construction site and traveling on paved roads or other paved areas within 1,000 feet of the site.Access and exits shall be limited to one route if possible,or two for linear projects such as roadway where more than one access/exit is necessary for maneuvering large equipment, Design and Installation Specifications 1. See Figure D.3.4.A for details. 2. A separation geotextile shall be placed under the spalls to prevent fine sediment from pumping up into the rock pad. The geotextile shall meet the following standards: Grab Tensile Strength(ASTM D4751) 200 psi min. Grab Tensile Elongation (ASTM D4532) 300A max. Mullen Burst Strength(ASTM D3785-80a) 400 psi min. ADS(ASTM D4751) 20-45(U.S.standard sieve size) 3, Hog fuel(wood based mulch)maybe substituted for or combined with quarry spalls in areas that will not be used.for permanent roads. The effectiveness of hog fuel is highly variable,but it has been used successfully on many sites. It generally requires more maintenance than quarry spalls. Hog fuel is not recommended for enhance stabilization in urban areas. The inspector may at any time require the use of quarry spalls if the hog fuel is not preventing sediment fi•om being tracked onto pavement or if the hog fuel is being carried onto pavement. Hog fuel is prohibited in permanent roadbeds because organics in the subgrade soils cause difficulties with compaction. 4. Fencing(see Section D.31)shall be installed as necessary to restrict traffic to the construction enhance. 5. Whenever possible,the entrance shall be constructed on a firm,compacted subgrade. This can substantially increase the effectiveness of the pad and reduce the need for maintenance, Maintenance Standards 1. Quarry spalls(or hog fuel)shall be added if the pad is no longer in accordance with the specifications. 2. If the entrance is not preventing sediment from being tracked onto pavement,then alternative measures to keep the streets free of sediment shall be used. This may include street sweeping,an increase in the dimensions of the entrance,or the installation of a wheel wash. If washing is used,it shall be done on an area covered with crushed rock,and wash water shall drain to a sediment trap or pond. 2009 Surfaee Water Design Manual—Appendix D 1l912009 A-39 1 SECTIOND.3 ESC MEASURES I 3. Any sediment that is tracked onto pavement shall be removed immediately by sweeping. The sediment collected by sweeping shall be removed or stabilized on site. The pavement shall not be cleaned by washing down the street,except when sweeping is ineffective and there is a threat to public safety. If it is necessary to wash the sheets,a small sump must be constructed. The sediment would then be washed into the sump where it can be controlled, Wash water must be pumped back onto the site and can not discharge to systems tributary to surface waters. I 4. Any quarry spalls that are loosened from the pad and end upon the roadway shall be removed inunediately. 5. .If vehicles are entering Or exiting the site at points other than the construction entrance(s),fencing (see Section D3.1)shall be installed to control traffic. I FIGURE D.3.4.A STABILIZED CONSTRUCTION ENTRANCE AS PER KING COUNTY ROAD STANDARDS, DRIVEWAYS SHALL BE PAVED TO THE EDGE �,R`gg1N0 ROPO PRIOR INSTALLATION CONSTRUCTION ENTRANCE TO AVOID OF THE AVOID DAMAGING OF THE ROADWAY IT IS RECOMMENDED THAT THE R = 25` MIN, ENTRANCE BE CROWNED SO THAT RUNOFF DRAINS OFF THE PAD 00. 2 INSTALL DRIVEWAY CULVERT IF THERE IS A ROADSIDE DITCH PRESENT, AS " PER KING COUNTY ROAD STANDARDS 4"—B" QUARRY SPALLS GEOTEXTlLE 15 72" MIN. THICKNESS, � PROVIDE FULL WIDTH OF INGRESS/EGRESS AREA i 1/9/2009 2009 Surface Water Design Manual—Appendix D D-40 i TRAFFIC i i I I i l Leber Homestead/Knox A - 4 July 23, 2014 Project Number: 08-3018 i i GREEN RIVER -- ''I lid j it 4 4 0 I t 00 I (p 1 I PARCEL FL 2522049023 r} V i i AbMGV021 PARCEL DN111X3/ONIa31N3 0200000127 SNOnal to i W O `i.. _ Ct_ O C.)O 1 77 ; C)o a o PARCEL Y r� of o � 0200000126 a o IT S 262nd ST ' SITE VEHICLE o ENTRANCE M o i NOTES 1 1. SIGNS ARE INSTALLED ON A 4"x4" POST, TRUCKS O ENTERING/EXITING 2. TEMPORARY TRAFFIC CONTROL SIGNS ARE BLACK ROADWAY AND ORANGE (B/0). i I � j TRAFFIC CONTROL PLAN CITY OF KENT ENOINEERINO DEPARTMENT 400 W. OOWE ST KENT. WA. 900$2 KENT uEBE t D R HOMESTEAD PROJECT (:\Fn,Jmmn..Jnl\RR�L11R I�h�Or....wrfu\nvhihlls\CHIT CimnrnHr.n\f1A�ilNA CNI OAFGdAdTIIW TRdFif1+ (VW'1RN GI d1J Awn Thl\/�Md A•Rt dil LICENSESPERMITS AND I Leber Homestead/Knox A - 5 July 23, 2014 Project Number: 08-3018 .n RECEIVED J UU 0 2 STATE OF WASI HNGTON CITY OF KENT DEPARTMENTOF ECOLOGY PO Eox 47600 o Olympia,WA 98504-7600 ®360-407.6o p P .. 711 for Washington Relay Service P persons with a speech disability can call 877-833-634l July 3,2014 Paul Kuehne City of Kent,Public Woilcs 220 :4t'Avenue South Kent, WA 98032 RE: Coverage under the Construction Stormwater General Perri'Fit Permitnumber: WAR302043 Site Name: Mill Creek Confluence/Green River Leber Homestead Location: At the end of S.262n'St just W.-of Highway 16..7 Kent,WA County:King Disturbed Acres: 6,02 Dear Mr.Kuehne: The Washington State Department of Ecology.(Ecology)received your Notice of Intent for coverage under Ecology's Construction Stormwater General Permit(permit). This is your permit 'coverage letter. Your permit coverage is effective on July.3,2014. Please retain this permit coverage letter with your permit(enclosed),stormwater pollution prevention plan (SWPk>?),.and site log book. These materials are the official record of permit coverage for your site,. Please take time to read the entire permit and contact Ecology if you have any.questions, Appeal*Process You have a right to appeal coverage under the general permit to the Pollution Control Hearing Board (PCHB)within 30 days of the date of receipt of this letter. This appeal is limited to the general . permit's applicability or non-applicability to a specific discharger. The appeal process is governed by chapter 43.21B RCW and chapter 371-08 WAC. ".Date ofreeeipt"is defined in RCW` 43.21B.001(2). Paul Kuehne July 3,2014 Page 2 . To appeal, you must do the following within 30 days of the date of receipt of this letter: • File your appeal and a copy of the permit cover page with the PCHB (see addresses below). . Filing means actual receipt by the PCHB during regular business hours. • ' Serve a copy of your appeal and the permit cover page on Ecology in paper form by mail or in person(see addresses below). E-mail is not accepted. i You must also comply with other applicable requirements in chapter 43.21B RCW and chapter 371- 08 WAC. Address and Location Information; Street Addresses: Mailing Addresses: Lepartment of Ecology Department of Ecology Attn:Appeals Processing Desk Attn:Appeals Processing Desk 300 Desmond Drive SE PO"Box 47608 Lacey,WA 98503 Olympia,WA 98504-7608 Polluti on Control Hearings Board(PCHB) Pollution Control Hearings Board 1111 Israel Road SW, Suite 301 PO Box 40903 Turnwater,WA 98501 Olympia, WA 98504-0903 Electronic Discharge Monitoring Reports (WQWebDMR) This permit requires that Permittees submit monthly discharge monitoriugxeports (DM Rs) electronically using Ecology's secure online system,WQWebDMR. To sign up for WQWebDMR go to: vvww.ccy.wa.gov/programs/urq/perinits/Paris/webdnir.htinl. If you have questions, contact Tonya Wolfe at(360)407-7097(Olympia area),or(800)633-6193/option 3; or email:WQWebPortal@eey:wa.gov: Ecology Field Inspector Assistance If you have questions regarding stormwater management at your construction site,please contact ` Tracie Walters of Ecology's Northwest Regional Office in Bellevue at tracie.walters@ecy.wa.gov, or (425) 649-4484, Questions or Additional Information Ecology is committed to providing assistance. Please review our web page at: www.ecy.wa.gov/programs/wq/stormwater/constracti6rd..If you have questions about the construction stormwater general permit,please contact Clay Keown at elay.keown@ecy.wa.gov, or (360)407-6048:" Sincerely, Bill Moore,P.E., Manager Program Development Services Section - Water Quality Program" Enclosure i i 2�g BSATg�� HgO �" zzi u ptl _7,. Oyu STATE OF WASHINGTON DEPARTMENT OF AGRICULTURE P.O. SOX 421M 4 Olympia,.Washington 98504-2550- (300)902-1800 i LETTER of LEMITED AGENT STATUS May 28, 2014 I. ENTITY WITH LIMITED AGENT STATUS Name of Entity; City of lent rT ^Name; Shawn Gilbertson Mailing Address: 400 W. Gowe St � —City: Kent, State: WA —� ZIP+4]: 98032 E-Mail Address: smgilbertson@kentwa.gov r Daytime Phone: 253-855-5504 Cell Phone: � �� H. WATERBOAY AND HERBICIDE INFORMATION Wata body"lYall?s ounty WRIA 'Target Waec1 Darlstcitt . Garrison Creek,Green River,Mill Creels,Soos Creek,Springbrook Creek •D A King 9-Duamish-Green bull thistle,common tansy 2,Ambte (Iara3son freak GreanRrvar,Ivlrll.Creek, Knotweed,Himalayan Biadkb4rry Soas;C eak,Sprm 19rook Creek K' .9 Duamish-Green Glyphosate,'.,"< g wild carrot Garrison Creek,Green River,Mill Creek, Icing 9-Duamish-Green common reed reed Soas Creek,Springbrook Creek , canan rygrass Imazamox garrisonrtaek GraeuL2wer,MIl,;Craekt p King ,9-Auamish-Green purple eo le lo'ostrife mrnon.raed Itu Soos Graek,Sprnngbrook Cxpa�, . azapyr , Garrison Creek,Green River,Mill Creek, King 9-Duamish-Green Tans Ragwort Sees Creek,Springbrook Creek Y wort g Trielopyr TEA Black Knapweed,Bull`Thistle, Ga0r30n Creek,Green Inver,Mill Creek, If9n :9-Duarnish•Green Butterfly Bush,Canada thistle, Soos greek,Spr�iigbrook Creek Common Bugiosg,Comnioir Trielopyl TBA Hawlewesd, Dear Applicant: This Letter of Limited Agent Status constitutes a formal acceptance by the Washington State Department of Agriculture (WSDA) of the "Application and Agreement for Limited Agent Status for Aquatic Noxious Weed Control under WSDA's National Pollutant Discharge Elimination System General Permit" (hereinafter,"Application for Limited Agent Status") submitted by the above-named entity. I As set forth in the Application for Limited Agent Status and agreed to in this Letter of Limited Agent Status, WSDA hereby enters into a contract with the above-named entity(Section I), under which the entity acts as a limited agent to carry out noxious emergent and quarantine weed control for WSDA under the"Aquatic Noxious Weed Management General Permit National Pollutant Discharge Elimination System Waste Discharge General Permit" (hereinafter,"Periuit") issued to WSDA on February 17, 2012. This limited agent status applies to only the noxious weed control and/or eradication activities described in the Application for Limited Agent Status (Section II). This coverage terminates December 31, 2014. Direct in-water treatment of aquatic weeds is not allowed under this agreement, The above-named entity agrees to comply with all terms, conditions, and requirements included or referenced in the Application for Limited Agent Status, Permit and appropriate state,federal and local laws. WSDA issues this Letter of Limited Agent Status in specific reliance on the representations and agreements made by the entity in the Application for Limited Agent Status and WSDA intends that the entity comply with all teams, conditions, and requirements included or referenced in the Application for Limited Agent Status and the Permit. Further information and the Permit language can be found at the fallowing URL. littp://www.ecy.wa.gov/programs/wq/pesticides/hnal_pesticide_permits/noxious/noxious_index.html If any notification to WSDA is required under the Application for Limited Agent Status,that notification must be made to James Marra at(360) 902-2071 or jmarra@agr.wa.gov, Since` ly, James Marra,Ph.D. Acting Pest Program Manager I i i I i i I i Issuance Date: December 1, 2010 Effective Date: January 1,2011 Expiration Date: December 31,2015 j i I CONSTRUCTION STORMWATER GENERAL PERMIT National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit for Stormwater Discharges Associated with Construction Activity State of Washington Department of Ecology Olympia,Washington 98504 In compliance with the provisions of Chapter 90.48 Revised Code of Washington (State of Washington Water Pollution Control Act) and Title 33 United,States Code, Section 1251 et seq. The Federal Water Pollution Control Act(The Clean Water Act) Until this permit expires,is modified or revoked, Permittees that have properly obtained coverage under this general permit are authorized to discharge in accordance with the special and general conditions that follow. c Susewind,P.E., P.G. Water Quality Program Manager Washington State Department of Ecology TABLE OF CONTENTS LISTOF TABLF,S.......................................................................................................................... 3 SPECIALCONDITIONS............................................................................................................... 5 St. PERMIT COVERAGE........................................................................................................5 S2. APPLICATION REQUIREMENTS ...................................................................................8 ! S3. COMPLIANCE WITH STANDARDS.............................................................................11 S4. MONITORING REQUIREMENTS..................................................................................12 S5. REPORTING AND RECORDKEEPING REQUIREMENTS .........................................19 S6. PERMIT FEES...................................................................................................................22 S7. SOLID AND LIQUID WASTE,DISPOSAL ....................................................................22 S8. DISCHARGES TO 303(D) OR TMDL WATER BODIES..............................................22 S9. STORMWATER POLLUTION PREVENTION PLAN...................................................26 S 10. NOTICE OF TERMINATION..........................................................................................34 GENERALCONDITIONS .......................................................................................................— 36 GI. DISCHARGE VIOLATIONS ...........................................................................................36 G2. SIGNATORY REQUIREMENTS..........................................................................:..........3fi G3. RIGHT OF INSPECTION AND ENTRY.........................................................................37 G4. GENERAL PERMIT MODIFICATION AND REVOCATION......................................37 G5. REVOCATION OF COVERAGE UNDER THE PERMIT .............................................37 G6. REPORTING A CAUSE FOR MODIFICATION............................................................38 G7. COMPLIANCE WITH OTHER LAWS AND STATUTES.............................................38 G8. DUTY TO REAPPLY .......................................................................................................38 G9. TRANSFER OF GENERAL PERMIT COVERAGE.......................................................39 G10. REMOVED SUBSTANCES .............................................................................................39 G11. DUTY TO PROVIDE INFORMATION...........................................................................39 G12. OTHER REQUIREMENTS OF 40 CFR...........................................................................39 G13. ADDITIONAL MONITORING........................................................................................39 G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS .............................................40 G15. UPSET...............................................................................................................................40 Construction Stormwater General Permit—December 1, 2010 Page 2 i i i G16. PROPERTY RIGHTS........................................................................................................40 G17. DUTY TO COMPLY........................................................................................................40 G18. TOXIC POLLUTANTS.....................................................................................................41 G19. PENALTIES FOR TAMPERING.....................................................................................41 G20. REPORTING PLANNED CHANGES .............................................................................41 G21. REPORTING OTHER INFORMATION..........................................................................42 G22. REPORTING ANTICIPATED NON-COMPLIANCE.....................................................42 G23. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER THE PERMIT..........42 G24. APPEALS..........................................................................................................................42 G25. SEVERABILITY...............................................................................................................43 G26. BYPASS PROHIBITED....................................................................................................43 APPENDIX A—DEFINITIONS..................................................................................................46 APPENDIXB—ACRONYMS ....................................................................................................54 LIST OF TABLES Table 1. Summary of Permit Report Submittals.......................................................................4 Table 2. Summary of Required On-site Documentation...........................................................4 Table 3. Summary of Primary Monitoring Requirements ...................................................... 12 Table 4. Monitoring and Reporting Requirements ................................................................. 16 Table 5. Turbidity,Fine Sediment &Phosphorus Sampling and Limits for 303(d)-Listed...24 Table 6. pH Sampling and Limits for 303(d)-Listed Waters.................................................. 24 Construction Stormwcater General Permit—December 1, 2010 Page 3 SUMMARY OF PERMIT REPORT SUBMITTALS Refer to the Special and General Conditions within this permit for additional submittal requirements. Appendix A provides a list of definitions. Appendix B provides a list of j acronyms. Table 1. Summary of Permit Report Submittals Permit Submittal Frequency First Submittal Date Section S5.A and High Turbidity/Transparency Phone As Necessary Within 24 hours S8 Reporting S5.8 Discharge Monitoring Report Monthly' Within 15 days of applicable monitoring period S5.F and Noncompliance Notification As necessary Immediately S8 S5.F Noncompliance Notification — As necessary Within 5 Days of non- Written Report compliance 62. Notice of Change in Authorization As necessary G6. Permit Application for Substantive As necessary Changes to the Discharge G8. Application for Permit Renewal ifpermit cycle No later than 180 days before expiration G9. Notice of Permit Transfer As necessary G20. Notice of Planned Changes As necessary G22. Reporting Anticipated Non- As necessary compliance I SPECIAL NOTE: *Permittees must submit Discharge Monitoring Reports(DMRs) to the Washington State Department of Ecology monthly,regardless of site discharge,for the full duration of permit coverage. Refer to Section SS.B of this General Permit for more specific information regarding DMRs. Table 2. Summary of Required On-site Documentation Document Title Permit Conditions Permit Coverage Letter See Conditions S2, S5 Construction Stormwater General Permit See Conditions S2, S5 Site Log Book See Conditions S4, S5 Stormwater Pollution Prevention Plan (SWPPP) See Conditions S9, S5 I Construction Stormwater General Permit—December 1, 2010 Page 4 i SPECIAL CONDITIONS SI. PERMIT COVERAGE A. Permit Area This Construction Stormwater General Permit(CSWGP) covers all areas of Washington State, except for federal and Tribal lands as specified in Special Condition S 1.E.3. i B. Operators Required to Seek Coverage Under this General Permit: 1. Operators of the following construction activities are required to seek coverage under this CSWGP: a. Clearing, grading and/or excavation that results in the disturbance of one or more acres and discharges stormwater to sin-face waters of the State; and clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale, if the common plan of development or sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State. i. This includes forest practices (including,but not limited to, class IV conversions)that are part of a construction activity that will result in the disturbance of one or more acres, and discharge to surface waters of the State(that is, forest practices that prepare a site for construction activities); and b. Any size construction activity discharging stormwater to waters of the State that the Department of Ecology( `Ecology"): i. Determines to be a significant contributor of pollutants to waters of the State of Washington. ii. Reasonably expects to cause a violation of any water quality standard. 2. Operators of the following activities are not required to seek coverage under this CSWGP (unless specifically required under Special Condition S I.B.Lb. above): a. Construction activities that discharge all stormwater and non-stormwater to ground water, sanitary sewer, or combined sewer, and have no point source discharge to either surface water or a storm sewer system that drains to surface waters of the State. b. Construction activities covered under an Erosivity Waiver(Special Condition S2.C), c. Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility. Construction Stormwater General Permit—December 1, 2010 Page 5 i i i ! C. Authorized Discharges: 1. Stormwater Associated with Construction Activity. Subject to compliance with the terms and conditions of this permit, Permittees are authorized to discharge stormwater associated with construction activity to surface waters of the State or to a storm sewer system that drains to surface waters of the State. (Note that"surface waters of the State"may exist on a construction site as well as off site; for example, a creek running through a site.) 2. Stormwater Associated with Construction Support Activity. This permit also authorizes stormwater discharge from support activities related to the penmitted construction site (for example, an on-site portable rock crusher, off-site equipment staging yards, material storage areas, borrow areas, etc.)provided: a. The support activity relates directly to the permitted construction site that is required to have a NPDES permit; and b. The support activity is not a commercial operation serving multiple unrelated construction projects, and does not operate beyond the completion of the construction activity; and c. Appropriate controls and measures are identified in the Stormwater Pollution Prevention Plan (SWPPP) for the discharges from the support activity areas. 3. Non-Stormwater Discharges. The categories and sources of non-stormwater discharges identified below are authorized conditionally, provided the discharge is consistent with the terms and conditions of this permit: a. Discharges from fire-fighting activities. b. Fire hydrant system flushing. c. Potable water, including uncontaminated water line flushing. d. Pipeline hydrostatic test water. e. Uncontaminated air conditioning or compressor condensate. I f. Uncontaminated ground water or spring water. g. Uncontaminated excavation dewatering water (in accordance with S9.13.10). h. Uncontaminated discharges from foundation or footing drains. i. Water used to control dust. Permittees must minimize the amount of dust control water used. j. Routine external building wash down that does not use detergents. k. Landscape irrigation water. The SWPPP must adequately address all authorized non-stormwater discharges, except for discharges from fire-fighting activities, and must comply with Special Construction Stormwater General Permit—December 1, 2010 Page 6 i f j Condition S3. At a minimum, discharges from potable water (including water line flushing),fire hydrant system flushing, and pipeline hydrostatic test water must undergo the following: dechlorination to a concentration of 0.1 parts per million (ppm) or less, and pH adjustment to within 6.5—8.5 standard units (su), if necessary. D. Prohibited Discharges: The following discharges to waters of the State,including ground water, are prohibited. 1. Concrete wastewater. 2. Wastewater from washout and clean-up of stucco,paint,form release oils, curing compounds and other construction materials. 3. Process wastewater as defined by 40 Code of Federal Regulations (CFR) 1211 (see Appendix A of this permit). 4. Slurry materials and waste from shaft drilling. 5. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance. 6. Soaps or solvents used in vehicle and equipment washing. 7. Wheel wash wastewater, unless discharged according to Special Condition S9.D.9.d. 8. Discharges from dewatering activities,including discharges from dewatering of trenches and excavations, unless managed according to Special Condition S9.D.10, E. Limits on Coverage Ecology may require any discharger to apply for and obtain coverage under an individual permit or another more specific general permit. Such alternative coverage will be required when Ecology determines that this CSWGP does not provide adequate assurance that water quality will be protected, or there is a reasonable potential for the project to cause or contribute to a violation of water quality standards. The following stormwater discharges are not covered by this permit: 1. Post-construction stormwater discharges that originate from the site after i completion of construction activities and the site has undergone final stabilization. 2. Non-point source silvieultural activities such as nursery operations, site preparation,reforestation and subsequent cultural treatment, thinning,prescribed burning,pest and fire control, harvesting operations, surface drainage, or road construction and maintenance, from which there is natural runoff as excluded in 40 CFR Subpart 122. 3. Stormwater from any federal project or project on federal land or land within an Indian Reservation except for the Puyallup Reservation. Within the Puyallup Construction Stormivater General Permit—December 1, 2010 Page 7 i I i i Reservation, any project that discharges to surface water on land held in trust by the federal government may be covered by this permit. 4. Stormwater from any site covered under an existing NPDES individual permit in which stormwater management and/or treatment requirements are included for all stormwater discharges associated with construction activity. 5. Stormwater from a site where an applicable Total Maximum Daily Load (TMDL) requirement specifically precludes or prohibits discharges from construction activity. i I S2. APPLICATION REQUIRE,MENTS A. Permit Application Forms 1. Notice of Intent FormlTimelure a. Operators of new or previously unpermitted construction activities must submit a complete and accurate permit application (Notice of Intent, or NOT) to Ecology. b. The operator must submit the NOI at least 60 days before discharging stormwater from construction activities and must submit it on or before the date of the first public notice (see Special Condition S2.B below for details). The 30-day public comment period required by WAC 173-226-130(5) begins on the publication date of the second public notice. Unless Ecology responds to the complete application in writing, based on public comments, or any other relevant factors, coverage under the general permit will automatically commence on the thirty-first day following receipt by Ecology of a completed NOI, or the issuance date of this permit, whichever is later, unless Ecology specifies a later date in writing. c. Applicants who propose to discharge to a storm or sewer system operated by Seattle, King County, Snohomish County, Tacoma, Pierce County, or Clark County must also submit a copy of the NOI to the appropriate jurisdiction. d. If an applicant intends to use a Best Management Practice (BMP) selected on the basis of Special Condition S9.C.4 ("demonstrably equivalent"BMPs), the applicant must notify Ecology of its selection as part of the NOI. In the event the applicant selects BMPs after submission of the NOT, it must provide notice j of the selection of an equivalent BMP to Ecology at least 60 days before intended use of the equivalent BMP. e. Permittees must notify Ecology regarding any changes to the information provided on the NOI by subnritting an updated NOI. Examples of such changes include, but are not limited to, i. changes to the Permittee's mailing address, ii. changes to the on-site contact person information, and Construction Stormwater General Permit—December 1, 2010 Page 8 iii. changes to the area/acreage affected by construction activity. 2. Transfer of Coverage Eorm i The Permittee can transfer current coverage under this permit to one or snore new operators, including operators of sites within a Connnon Plan of Development, provided the Pennittee submits a Transfer of Coverage Form in accordance with General Condition G9. Transfers do not require public notice. B. Public Notice For new or previously unpermitted construction activities, the applicant must publish a public notice at least one time each week for two consecutive weeks, at least 7 days apart, in a newspaper with general circulation in the county where the construction is to take place. The notice must contain: 1. A statement that"The applicant is seeking coverage under the Washington State Department of Ecology's Construction Stormwater NPDES and State Waste Discharge General Permit." 2. The name, address and location of the construction site. 3. The name and address of the applicant. 4. The type of construction activity that will result in a discharge (for example, residential construction, commercial construction, etc.), and the number of acres to be disturbed. 5. The name of the receiving water(s) (that is, the surface water(s) to which the site will discharge), or, if the discharge is through a storm sewer system,the name of the operator of the system. 6. The statement: "Any persons desiring to present their views to the Washington State Department of Ecology regarding this application, or interested in Ecology's action on this application, may notify Ecology in writing no later than 30 days of the last date of publication of this notice. Ecology reviews public comments and considers whether discharges from this project would cause a measurable change in receiving water quality, and, if so, whether the project is necessary and in the overriding public interest according to Tier 11 antidegradation requirements under WAC 173-201A-320. Comments can be submitted to: Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696 Attn: Water Quality Program, Construction Stormwater." I I I Construction Stormwater General Permit—December 1, 2010 Page 9 i C. Erosivity Waiver Construction site operators may qualify for an erosivity waiver from the CSWGP if the following conditions are met: 1. The site will result in the disturbance of fewer than 5 acres and the site is not a portion of a common plan of development or sale that will disturb 5 acres or greater. 2. Calculation of Erosivity"R"Factor and Regional Timeframe: a. The project's rainfall erosivity factor ("R" Factor) must be less than 5 during the period of construction activity, as calculated using either the Texas A&M University online rainfall erosivity calculator at: http://ei.tamu.edu/or EPA's calculator at http://cfpub.epa.gov/npdes/stoltnwater/lew/lewcafculator.cfni, The period of construction activity starts when the land is first disturbed and ends with final stabilization. In addition: b. The entire period of construction activity must fall within the following timeframes: i. For sites west of the Cascades Crest: June 15 —September 15. ii. For sites east of the Cascades Crest, excluding the Central Basin: June 15 —October 15. iii. For sites east of the Cascades Crest, within the Central Basin: no additional timeframe restrictions apply. The Central Basin is defined as the portions of Eastern Washington with mean annual precipitation of less than 12 inches. For a map of the Central Basin (Region 2),refer to ht!p://www.cey.wa.gov/pubs/ecy07O2O2,pdf. 3. Construction site operators must submit a complete Erosivity Waiver certification form at least one week before disturbing the land. Certification must include statements that the operator will: a. Comply with applicable local stormwater requirements; and b. Implement appropriate erosion and sediment control BMPs to prevent violations of water quality standards. 4. This waiver is not available for facilities declared significant contributors of pollutants as defined in Special Condition SI.B.1.6. 5. This waiver does not apply to construction activities which include non- stormwater discharges listed in Special Condition S 1.C.3. 6. If construction activity extends beyond the certified waiver period for any reason, the operator must either: a. Recalculate the rainfall erosivity"R"factor using the original start date and a new projected ending date and, if the "R" factor is still under 5 and the entire Construction Storrnwater General Permit—December 1, 2010 Page 10 i i project falls within the applicable regional timeframe in Special Condition S2.C.2.b, complete and submit an amended waiver certification form before the original waiver expires; or b. Submit a complete permit application to Ecology in accordance with Special Condition S2.A and B before the end of the certified waiver period. S3. COMPLIANCE WITH STANDARDS i A. Discharges must not cause or contribute to a violation of surface water quality standards (Chapter 173-201A WAC), ground water quality standards (Chapter 173-200 WAC), sediment management standards (Chapter 173-204 WAC), and human health- based criteria in the National Toxics Rule (40 CFR Part 131.36). Discharges not in compliance with these standards are not authorized. B. Prior to the discharge of stormwater and non-stormwater to waters of the State, the Permittee must apply all known, available, and reasonable methods of prevention, control, and treatment (AKART), This includes the preparation and implementation of an adequate Stormwater Pollution Prevention Plan (SWPPP), with all appropriate BMPs installed and maintained in accordance with the SWPPP and the terms and conditions of this pear it. C. Ecology presumes that a Permittee complies with water quality standards unless discharge monitoring data or other site-specific information demonstrates that a discharge causes or contributes to a violation of water quality standards, when the Permittee complies with the following conditions. The Permittee must fully: I. Comply with all permit conditions, including planning, sampling, monitoring, reporting, and reeordkeeping conditions, 2. Implement stormwater BMPs contained in stormwater management manuals published or approved by Ecology, or BMPs that are demonstrably equivalent to BMPs contained in stormwater technical manuals published or approved by Ecology,including the proper selection, implementation, and maintenance of all applicable and appropriate BMPs for on-site pollution control. (For purposes of this section, the stormwater manuals listed in Appendix 10 of the Phase I Municipal Stormwater Permit are approved by Ecology.) D. Where construction sites also discharge to ground water, the ground water discharges must also meet the terms and conditions of this CSWGP. Permittees who discharge to ground water through an injection well must also comply with any applicable requirements of the Underground Injection Control (UIC)regulations, Chapter 173-218 WAC. L Construction Stortnvater General Permit—December 1, 2010 Page I i S4. MONITORING REQUIREMENTS,BENCHMARKS AND REPORTING TRIGGERS i Table 3. Summary of Primary Monitoring Requirements Size of Soil Weekly Site Weekly Weekly Weekly pH Requires Disturbance' Inspections Sampling w/ Sampling w! Sampling2 GESCL Turbidity Transparency Certification? Meter Tube Sites that disturb Required Not Required Not Required Not Required No less than 1 acre, but are part of a larger Common Plan of Development Sites that disturb 1 Required Sampling ReVred— Required Yes acre or more, but either method fewer than 5 acres Sites that disturb 5 Required Required Not Required Required Yes acres or more A. Site Log Book The Permittee must maintain a site log book that contains a record of the implementation of the SWPPP and other permit requirements,including the installation and maintenance of BMPs, site inspections, and stormwater monitoring. B. Site Inspections The Permittee's (operator's) site inspections must include all areas disturbed by construction activities, all BMPs, and all stormwater discharge points. (See Special Conditions S4.B.3 and BA below for detailed requirements of the Permittee's Certified Erosion and Sediment Control Lead [GESCL]). i I Soil distUrbanee is calculated by adding together all areas affected by construction activity.Construct on activity means clearing, grading,excavation,and any other activity that disturbs the surface of the land, including ingresslegress from the site. 2If construction activity results in the disturbance of I acre or more,and involves significant concrete work(1,000 cubic yards of poured or recycled concrete over the life of a project)or the use of engineered soils(soil amendments including but not limited to Portland cement-treated base [CTB],cement kiln dust[CI{D],or fly ash),and stormwater from the affected area drains to surface waters of the State or to a storm sewer stormwater collection system that drains to other surface waters of the State,the Permittee must conduct p1I monitoring sampling in accordance with Special Condition S4.D. 'Sites with one or more acres,but fewer than 5 acres of soil disturbance,must conduct turbidity or transparency sampling in accordance with Special Condition S4.C. 4 Sites equal to or greater than 5 acres of soil disturbance must conduct turbidity sampling using a turbidity meter in accordance with Special Condition S4.C. Construction Stornmater General Permit—December 1, 2010 Page 112 i I Construction sites one acre or larger that discharge stormwater to surface waters of the State must have site inspections conducted by a certified CESCL. Sites less than one acre may have a person without CESCL certification conduct inspections; sampling is not required on sites that disturb less than an acre. I 1. The Permittee must examine stormwater visually for the presence of suspended sediment, turbidity,discoloration, and oil sheen. The Permittee must evaluate the effectiveness of BMPs and determine if it is necessary to install, maintain, or repair BMPs to improve the quality of stormwater discharges. Based on the results of the inspection, the Perunittee must correct the problems identified by: a. Reviewing the SWPPP for compliance with Special Condition S9 and making appropriate revisions within 7 days of the inspection. b. Immediately beginning the process of fully implementing and maintaining appropriate source control and/or treatment BMPs as soon as possible, addressing the problems no later than within 10 days of the inspection. If installation of necessary treatment BMPs is not feasible within 10 days, Ecology may approve additional time when an extension is requested by a Permittee within the initial 10-day response period. c. Documenting BMP implementation and maintenance in the site log book. 2. The Permittee must inspect all areas disturbed by construction activities, all BMPs, and all stormwater discharge points at least once every calendar week and within 24 hours of any discharge from the site. (For purposes of this condition, individual discharge events that last more than one day do not require daily inspections. For example, if a stormwater pond discharges continuously over the course of a week, only one inspection is required that week.) The Permittee may reduce the inspection frequency for temporarily stabilized, inactive sites to once every calendar month. I 3. The Permittee must have staff knowledgeable in the principles and practices of erosion and sediment control, The CESCL(sites one acre or more) or inspector (sites less than one acre) must have the skills to assess the: a. Site conditions and construction activities that could impact the quality of stormwater, and b. Effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges. 4. The S WPPP must identify the CESCL or inspector, who must be present on site or on-call at all times. The CESCL must obtain this certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology(see BMP C160 in the manual referred to in Special Condition S9.C,1 and 2). Construction Stormwater General Permit—December 1, 2010 Page 13 i 5. The Permittee must summarize the results of each inspection in an inspection report or checklist and enter the report/checklist into, or attach it to,the site log book. At a minimum, each inspection report or checklist must include: a. Inspection date and time. b. Weather information, the general conditions during inspection and the l approximate amount of precipitation since the last inspection, and precipitation within the last 24 hours. c. A summary or list of all implemented BMPs, including observations of all j erosion/sediment control structures or practices. I d. A description of the locations: i. Of BMPs inspected. ii. Of BMPs that need maintenance and why. iii. Of BMPs that failed to operate as designed or intended, and iv. Where additional or different BMPs are needed, and why. e. A description of stormwater discharged from the site. The Permittee must note the presence of suspended sediment,turbidity, discoloration, and oil sheen, as applicable. I I. Any water quality monitoring performed during inspection. g. General comments and notes,including a brief description of any BMP repairs, maintenance or installations made following the inspection. It. A surnmary report and a schedule of implementation of the remedial actions that the Permittee plans to take if the site inspection indicates that the site is out of compliance. The remedial actions taken must meet the requirements of the SWPPP and the permit. i i. The name, title, and signature of the person conducting the site inspection, a phone number or other reliable method to reach this person, and the following j statement: "I certify that this report is true, accurate, and complete to the best of my knowledge and belief." C. Turbidity/Transparency Sampling Requirements 1. Sampling Methods a. If construction activity involves the disturbance of 5 acres or more, the Permittee must conduct turbidity sampling per Special Condition S4.C. b. If construction activity involves 1 acre or more but fewer than 5 acres of soil disturbance, the Permittee must conduct either transparency sampling or j turbidity sampling per Special Condition S4.C. Construction Stormwater General Permit—December 1, 2010 Page 14 i 2. Sampling Frequency a. The Per rittee must sample all discharge locations at least once every calendar week when stormwater(or authorized non-stormwater) discharges from the site or enters any on-site surface waters of the state (for example, a creek running through a site). b. Samples must be representative of the flow and characteristics of the discharge. c. Sampling is not required when there is no discharge during a calendar week. d. Sampling is not required outside of normal working hours or during unsafe conditions. e. if the Permittee is unable to sample during a monitoring period, the Permittee must include a brief explanation in the monthly Discharge Monitoring Report (DMR). f. Sampling is not required before construction activity begins. 3. Sampling Locations a. Sampling is required at all points where stormwater associated with construction activity(or authorized non-stormwater) is discharged off site, including where it enters any on-site surface waters of the state (for example, a creek running through a site). b. The Permittee may discontinue sampling at discharge points that drain areas of the project that are hilly stabilized to prevent erosion. c. The Permittee must identify all sampling point(s) on the SWPPP site map and clearly mark these points in the field with a flag, tape, stake or other visible marker. d. Sampling is not required for discharge that is sent directly to sanitary or combined sewer systems. 4. Sampling and Analysis Methods a. The Permittee performs turbidity analysis with a calibrated turbidity meter (turbidimeter) either on site or at an accredited lab. The Permittee must record the results in the site log book in nephelometric turbidity units (NTU). ! b. The Permittee performs transparency analysis on site with a 13/a-inch- diameter, 60-centimeter(cm)-long transparency tube. The Pernttee will record the results in the site log book in centimeters (cm). Transparency tubes are available from: httpJ/watermonitoringequip.copVpages/stream.html. I Construction Storinwater General Permit—December 1, 2010 Page 15 i i Table 4. Monitoring and Reporting Requirements Parameter Unit Analytical Method Sampling Benchmark Phone Frequency Value Reporting Trigger Value Turbidity NTU SM2130 or EPA Weekly, if 25 NTU 250 NTU 180.1 discharging Transparency cm Manufacturer Weekly, if 33 cm 6 cm instructions, or discharging Ecology guidance 5. Turbidity/Transparency Benchmark Values and Reporting Triggers The benchmark value for turbidity is 25 NTU or less. The benchmark value for transparency is 33 centimeters (cm). Note: Benchmark values do not apply to discharges to segments of water bodies on Washington State's 303(d) list (Category 5)for turbidity, fine sediment, or phosphorus; these discharges are subject to a numeric effluent limit for turbidity. Refer to Special Condition S8 for more information. a. Turbidity 26---249 NTU, or Transparency 32—7 cm: If the discharge turbidity is 26 to 249 NTU; or if discharge transparency is less than 33 cm, but equal to or greater than 6 cm, the Permittee must: L Review the SWPPP for compliance with Special Condition S9 and make appropriate revisions within 7 days of the date the discharge exceeded the benchmark. ii. Immediately begin the process to fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, addressing the problems within 10 days of the date the discharge exceeded the benchmark. If installation of necessary treatment BMPs is not feasible within 10 days,Ecology may approve additional time when the Permrittee requests an extension within the initial 10-day response period. i iii. Document BMP implementation and maintenance in the site log book. b. Turbidity 250 NTU or greater, or Transparency 6 cm or less: If a discharge point's turbidity is 250 NTU or greater, or if discharge transparency is less than or equal to 6 cm, the Permittee must complete the reporting and adaptive management process described below, i. Telephone the applicable Ecology Region's Environmental Report Tracking System (ERTS)number within 24 hours,in accordance with Special Condition SS.F. i • Central Region (Okanogan, Chelan, Douglas, Kittitas, Yakima, Klickitat, Benton): (509) 575-2490 I Construction Stornawater General Permit—December 1, 2010 Page 16 i i • Eastern Region(Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lincoln,Pend Oreille, Spokane, Stevens, Walla Walla, Whitman): (509) 329-3400 • Northwest Region (Kitsap, Snohomish, Island, King, San Juan, Skagit, Whatcom): (425) 649-7000 • Southwest Region (Grays Harbor, Lewis, Mason, Thurston, Pierce, Clark, Cowlitz, Skamania, Wahkiakum, Clallam, Jefferson, Pacific): (360) 407-6300 i These numbers are also listed at the following web site: http�//www ee wa ovlproeramslwq/stormwaterleonstructioiV ermit html j I Review the SWPPP for compliance with Special Condition S9 and make appropriate revisions within 7 days of the date the discharge exceeded the benchmark. iii. immediately begin the process to fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, addressing the problems within 10 days of the date the discharge exceeded the benchmark. If installation of necessary treatment BMPs is not feasible within 10 days, Ecology may approve additional time when the Permittee requests an extension within the initial 10-day response period. iv. Document BMP implementation and maintenance in the site log book. v. Continue to sample discharges daily until: a) Turbidity is 25 NTH (or lower); or b) Transparency is 33 em (or greater); or c) The Permittee has demonstrated compliance with the water quality limit for turbidity: 1) No more than 5 NTU over background turbidity, if background is less than 50 NTH, or 2) No more than 10% over background turbidity, if background is 50 NTH or greater; or d) The discharge stops or is eliminated. D. pH Sampling Requirements -- Significant Concrete Work or Engineered Soils If construction activity results in the disturbance of 1 acre or more, and.involves significant concrete work(significant concrete work means greater than 1000 cubic yards poured concrete or recycled concrete used over the life of a project) or the use of engineered soils (soil amendments including but not limited to Portland cement-treated base [CTB], cement kiln dust [CKD], or fly ash), and stormwater from the affected area i Construction Stormwater General Permit—December 1, 2010 Page 17 drains to surface waters of the State or to a storm sewer system that drains to surface waters of the state, the Permittee must conduct pH monitoring as set forth below. Note: In addition, discharges to segments of water bodies on Washington State's 30(d) list (Category 5) for high pH are subject to a numeric effluent limit for pH; refer to Special Condition S8. 1. For sites with significant concrete work, the Permittee must begin the pH monitoring period when the concrete is first poured and exposed to precipitation, and continue weekly throughout and after the concrete pour and curing period, until stormwater pH is in the range of 6.5 to 8.5 (so). 2. For sites with engineered soils, the Permittee must begin the pH monitoring period when the soil amendments are first exposed to precipitation and must continue until the area of engineered soils is fully stabilized. 3. During the applicable pH monitoring period defined above, the Permittee must obtain a representative sample of stormwater and conduct pH analysis at least once per week. 4. The Permittee must monitor pH in the sediment trap/pond(s) or other locations that receive stormwater runoff from the area of significant concrete work or engineered soils before the stormwater discharges to surface waters. 5. The benchmark value for pH is 8.5 standard units. Anytime sampling indicates that pH is 8.5 or greater, the Permittee must either: a. Prevent the high pH water(8.5 or above) from entering storm sewer systems or surface waters; or b. If necessary, adjust or neutralize the high pH water until it is in the range of pH 6.5 to 8.5 (su)using an appropriate treatment BMP such as carbon dioxide (CO2) sparging or dry ice. The Permittee must obtain written approval from Ecology before using any form of chemical treatment other than CO2 sparging or dry ice. 6. The Permittee must perform pH analysis on site with a calibrated pH meter,pH test kit, or wide range pH indicator paper. The Permittee must record pH monitoring results in the site log book. i Construction Stormwater General Permit—December 1, 2010 Page 18 i I I S5. REPORTING AND RECORDKEEPING REQUIREMENTS A. High Turbidity Phone Reporting Anytime sampling performed in accordance with Special Condition S4.0 indicates turbidity has reached the 250 NTU phone reporting level, the Permittee must call Ecology's Regional office by phone within 24 hours of analysis. The web site is http://www.ecv.wa.goutpragramstwq/stormwater/coustruetion/perulit htm1. Also see phone numbers in Special Condition S4.C.5.b.i. B. Discharge Monitoring Reports i Permittees required to conduct water quality sampling in accordance with Special Conditions S4,C (Turbidity/Transparency), S4.D (pH), S8 (303[d]/TMDL sampling), and/or G13 (Additional Sampling)must submit the results to Ecology. Permittees must submit monitoring data using Ecology's WebDMR program. To find out more information and to sign up for WebDMR go to: http://www,ecv.wa.goy/progrw-as/wq/pei-inits/Taris/wobdmr.html. Permittees unable to submit electronically(for example, those who do not have an internet connection) must contact Ecology to request a waiver and obtain instructions on how to obtain a paper copy DMR at: Mailing Address: Department of Ecology Water Quality Program Attn: Stormwater Compliance Specialist PO Box 47696 Olympia, WA 98504-7696 Permittees who obtain a waiver not to use WebDMR must use the forms provided to them by Ecology; submittals must be mailed to the address above. Permittees shall submit DMR forms to be received by Ecology within 15 days following the end of each month. i If there was no discharge during a given monitoring period, all Permittees must submit a DMR as required with "no discharge" entered in place of the monitoring results. For j more information, contact Ecology staff using information provided at the following web site: http://www ecy wa og y/progEams/s illp s/response/assistancesoil%20map pdf C. Records Retention The Permittee must retain records of all monitoring information (site log book, sampling results, inspection reports/checklists, etc.), Stormwater Pollution Prevention Plan, and any other documentation of compliance with permit requirements for the entire life of the construction project and for a minimum of three years following the termination of permit coverage. Such information must include all calibration and maintenance records, and records of all data used to complete the application for this i i Construction Stormwater General Permit—December 1, 2010 Page 19 permit. This period of retention must be extended during the course of any unresolved litigation regarding the discharge of pollutants by the Permittee or when requested by Ecology. D. Recording Results For each measurement or sample taken, the Permittee must record the following information: 1. Date,place, method, and time of sampling or measurement. 2. The first and last name of the individual who performed the sampling or measurement. 3. The date(s) the analyses were performed. 4. The first and last name of the individual who performed the analyses. 5. The analytical techniques or methods used. 6. The results of all analyses. E. Additional Monitoring by the Permittee If the Permittee monitors any pollutant more frequently than required by this permit using test procedures specified by Special Condition S4 of this permit, the results of this monitoring must be included in the calculation and reporting of the data submitted in the Permittee's DMR. F. Noncompliance Notification In the event the Permittee is unable to comply with any part of the terms and conditions of this permit, and the resulting noncompliance may cause a threat to human health or the environment, the Permittee must: I. Immediately notify Ecology of the failure to comply by calling the applicable Regional office ERTS phone number(find at http•//www ecy wa gov/grams/spills/response/assistancesoil%20ma .-dt) or refer to Special Condition S4.C.5.b.i. 2. Immediately take action to prevent the discharge/pollution, or otherwise stop or correct the noncompliance, and,if applicable,repeat sampling and analysis of any noncompliance immediately and submit the results to Ecology within five (5) days of becoming aware of the violation. 3. Submit a detailed written report to Ecology within five (5) days, unless requested earlier by Ecology. The report must contain a description of the noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. i- i Construction Stormwater General Permit—December 1, 2010 Page 20 The Perraittee must report any unanticipated bypass and/or upset that exceeds any effluent limit in the permit in accordance with the 24-hour reporting requirement contained in 40 C.F.R. 122,41(1)(6)). Compliance with these requirements does not relieve the Permittee from responsibility to maintain continuous compliance with the terms and conditions of this permit or the resulting liability for failure to comply. Refer to Section G14 of this permit for specific information regarding non-compliance. G. Access to Plans and Records I. The Permittee must retain the following permit documentation (plans and records) on site, or wittrin reasonable access to the site, for use by the operator or for on-site review by Ecology or the local jurisdiction: a. General Permit. b. Permit Coverage Letter, c. Stormwater Pollution Prevention Plan (SWPPP). d. Site Log Book. 2. The Permittee must address written requests for plans and records listed above (Special Condition S5.G.1) as follows: a. The Permittee must provide a copy of plans and records to Ecology within 14 days of receipt of a written request from Ecology. b. The Permittee must provide a copy of plans and records to the public when requested in writing. Upon receiving a written request from the public for the Permittec's plans and records, the Permittee must either: i. Provide a copy of the plans and records to the requester within 14 days of a receipt of the written request; or ii. Notify the requester within TO days of receipt of the written request of the location and times within normal business hours when the plans and records may be viewed; and provide access to the plans and records within 14 days of receipt of the written request; or Within 14 days of receipt of the written request, the Permittee may submit a copy of the plans and records to Ecology for viewing and/or copying by the requester at an Ecology office, or a mutually agreed location. If plans and records are viewed and/or copied at a location other than at an Ecology office, the Permittee will provide reasonable access to copying services for which a reasonable fee may be charged. The Permittee must notify the requester within 10 days of receipt of the request where the plans and records may be viewed and/or copied. Construction Stormwater General Permit—December 1, 2010 Page 21 i I S6. PERMIT FEES The Permittee must pay permit fees assessed by Ecology. Fees for stormwater discharges covered under this permit are established by Chapter 173-224 WAC. Ecology continues to assess permit fees until the permit is terminated in accordance with Special Condition S 10 or revoked in accordance with General Condition G5. j S7. SOLID AND LIQUID WASTE DISPOSAL The Permittee must handle and dispose of solid and liquid wastes generated by construction activity, such as demolition debris, construction materials, contaminated materials, and waste materials from maintenance activities,including liquids and solids from cleaning catch basins and other stormwater facilities, in accordance with: A. Special Condition S3, Compliance with Standards. B. WAC 173-216-110. C. Other applicable regulations. SS. DISCHARGES TO 303(D) OR TMDL WATER BODIES A. Sampling and Numeric Effluent Limits For Certain Discharges to 303(d)-listed Water Bodies 1. Permittees who discharge to segments of water bodies listed as impaired by the State of Washington under Section 303(d) of the Clean Water Act for turbidity, fine sediment, high pH, or phosphorus, must conduct water quality sampling according to the requirements of this section, and Special Conditions S4.C.2.b-f and S4.C.3.b-d, and must comply with the applicable numeric effluent limitations in S&C and M.D. 2. All references and requirements associated with Section 303(d) of the Clean Water Act mean the most current listing by Ecology of impaired waters (Category 5) that exists on January 1, 2011, or the date when the operator's complete permit application is received by Ecology, whichever is later. B. Limits on Coverage for New Discharges to TMDL or 303(d)-listed Waters Operators of construction sites that discharge to a 303(d)-listed water body are not eligible for coverage under this permit unless the operator: 1. Prevents exposing stormwater to pollutants for which the water body is impaired, I and retains documentation in the SWPPP that details procedures taken to prevent exposure on site; or 2. Documents that the pollutants for which the water body is impaired are not present at the site, and retains documentation of this finding within the SWPPP; or ,I Construction Stormwater General Permit—Deeeinber 1, 2010 Page 22 i i 3. Provides Ecology with data indicating the discharge is not expected to cause or contribute to an exceedance of a water quality standard, and retains such data on site with the SWPPP. The operator must provide data and other technical information to Ecology that sufficiently demonstrate: a. For discharges to waters without an EPA-approved or-established TMDL, that the discharge of the pollutant for which the water is impaired will meet in-stream water quality criteria at the point of discharge to the water body; or b. For discharges to waters with an EPA-approved or -established TMDL, that there is sufficient remaining wasteload allocation in the TMDL to allow construction stormwater discharge and that existing dischargers to the water body are subject to compliance schedules designed to bring the water body into attainment with water quality standards. Operators of construction sites are eligible for coverage under this permit if Ecology issues permit coverage based upon an affirmative determination that the discharge will not cause or contribute to the existing impairment. C. Sampling and Numeric Effluent Limits for Discharges to Water Bodies on the 303(d) List for Turbidity, Fine Sediment, or Phosphorus 1. Permittees who discharge to segments of water bodies on the 303(d) list(Category 5) for turbidity, fine sediment, or phosphorus must conduct turbidity sampling in accordance with Special Condition S4.C.2 and comply with either of the numeric effluent limits noted in Table 5 below. 2. As an alternative to the 25 NTU effluent limit noted in Table 5 below (applied at the point where stormwater [or authorized non-stormwater] is discharged off-site), permittees may choose to comply with the surface water quality standard for turbidity. The standard is: no more than 5 NTU over background turbidity when the background turbidity is 50 NTU or less, or no more than a 10%increase in turbidity when the background turbidity is more than 50 NTU. In order to use the water quality standard requirement, the sampling must take place at the following locations: a. Background turbidity in the 303(d)-listed receiving water immediately upstream(upgradient) or outside the area of influence of the discharge. b. Turbidity at the point of discharge into the 303(d)-listed receiving water, inside the area of influence of the discharge. 3. Discharges that exceed the numeric effluent limit for turbidity constitute a violation of this permit. 4. Permittees whose discharges exceed the numeric effluent limit shall sample discharges daily until the violation is corrected and comply with the non- compliance notification requirements in Special Condition SS.F. Construction Storinwater General Pennit—December 1, 2010 Page 23 i I Table 5. Turbidity, Fine Sediment& Phosphorus Sampling and Limits for 303(d)-Listed Waters Parameter identified Parameter Unit Analytical Sampling Numeric Effluent in 303(d) listing Sampled Method Frequency Limit' • Turbidity Turbidity NTU SM2130 or Weekly, if 25 NTU,at the point • Fine Sediment EPA180.1 discharging where stormwater is • Phosphorus discharged from the site;OR In compliance with the surface water quality standard for turbidity (S8.O.1.a) 'Permittees subject to a numeric effluent limit for turbidity may,at their discretion,choose either numeric effluent limitation based on site-specific considerations including,but not limited to,safety, access and convenience. D. Discharges to Water Bodies on the 303(d) List for High-PH 1. Pe nittees who discharge to segments of water bodies on the 303(d) list(Category 5) for high pH must conduct pH sampling in accordance with the table below, and comply with the numeric effluent limit of pH 6.5 to 8.5 su (Table 6). Table 6. pH Sampling and Limits for 303(d)-Listed Waters Parameter identified In Parameter Analytical Sampling Numeric Effluent 303(d) listing Sampled/Units Method Frequency Limit High pH pH/Standard pH meter Weekly, if In the range of 6.5— Units discharging 8.5 2. At the Permittec's discretion, compliance with the limit shall be assessed at one of the following locations: a. Directly in the 303(d)-listed water body segment, inside the immediate area of influence of the discharge; or b. Alternatively, the permittee may measure pH at the point where the discharge leaves the construction site,rather than in the receiving water. 3. Discharges that exceed the numeric effluent limit for pH (outside the range of 6.5— 8.5 su) constitute a violation of this permit. 4. Permittees whose discharges exceed the numeric effluent limit shall sample discharges daily until the violation is corrected and comply with the non- compliance notification requirements in Special Condition S5.17. Construction Stormwater General Permit—December 1, 2010 Page 24 E. Sampling and Limits for Sites Discharge to Waters Covered by a TMDL or Another Pollution Control Plan 1. Discharges to a water body that is subject to a Total Maximum Daily Load (TMDL)for turbidity, fine sediment,high pH, or phosphorus must be consistent with the TMDL. Refer to hqp://www.eev.wa.goy/)rograms/wg/tii-idilindex.htiial for more in formation on TMDLs. a. Where an applicable TMDL sets specific waste load allocations or requirements for discharges covered by this permit, discharges must be consistent with any specific waste load allocations or requirements established by the applicable TMDL. i i. The Permittee must sample discharges weekly or as otherwise specified by the TMDL to evaluate compliance with the specific waste load allocations or requirements. I Analytical methods used to meet the monitoring requirements must conform to the latest revision of the Guidelines Establishing Test Procedures for the Analysis of Pollutants contained in 40 CER Part 136. Turbidity and pH methods need not be accredited or registered unless conducted at a laboratory which must otherwise be accredited or registered. b. Where an applicable TMDL has established a general waste load allocation for construction stormwater discharges, but has not identified specific requirements, compliance with Special Conditions S4 (Monitoring) and S9 (SWPPPs) will constitute compliance with the approved TMDL. c. Where an applicable TMDL has not specified a waste load allocation for construction stormwater discharges,but has not excluded these discharges, compliance with Special Conditions S4 (Monitoring) and S9 (SWPPPs) will constitute compliance with the approved TMDL. d. Where an applicable TMDL specifically precludes or prohibits discharges from construction activity, the operator is not eligible for coverage under this permit. 2. Applicable TMDL means a TMDL for turbidity, fine sediment, high pH, or phosphorus that is completed and approved by EPA before January 1, 2011, or before the date the operator's complete permit application is received by Ecology, whichever is later. TMDLs completed after the operator's complete permit application is received by Ecology become applicable to the Permittee only if they are imposed through an administrative order by Ecology, or through a modification of permit coverage. Construction Stormwater•General Pertnit—December 1, 2010 Page 25 i S9. STORMWATER POLLUTION PREVENTION PLAN The Permittee must prepare and properly implement an adequate Stormwater Pollution Prevention Plan (SWPPP) for construction activity in accordance with the requirements of this permit beginning with initial soil disturbance and until final stabilization. A. The Permittee's SWPPP must meet the following objectives: 1. To implement best management practices (BMPs) to prevent erosion and sedimentation, and to identify, reduce, eliminate or prevent stormwater contamination and water pollution from construction activity. 2. To prevent violations of surface water quality, ground water quality, or sediment management standards. 3. To control peals volumetric flow rates and velocities of stormwater discharges. B. General Requirements 1. The SWPPP must include a narrative and drawings. All BMPs must be clearly referenced in the narrative and marked on the drawings. The SWPPP narrative must include documentation to explain and justify the pollution prevention decisions made for the project. Documentation must include: a. Information about existing site conditions (topography, drainage, soils, vegetation, etc.). b. Potential erosion problem areas. c. The 12 elements of a SWPPP in Special Condition S9.D.1-12, including BMPs used to address each element. d. Construction phasing/sequence and general BMP implementation schedule. e. The actions to be taken if BMP performance goals are not achieved—for example, a contingency plan for additional treatment and/or storage of stormwater that would violate the water quality standards if discharged. f. Engineering calculations for ponds and any other designed structures. 2. The Peimittee must modify the SWPPP if, during inspections or investigations conducted by the owner/operator, or the applicable local or state regulatory authority,it is determined that the SWPPP is, or would be, ineffective in eliminating or significantly minimizing pollutants in stormwater discharges from the site. The Permittee must then: a. Review the SWPPP for compliance with Special Condition S9 and make appropriate revisions within 7 days of the inspection or investigation. b. Immediately begin the process to fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, addressing the problems no later than 10 days from the inspection or,investigation. If Construction Storinwater General Permit—December 1, 2010 Page 26 installation of necessary treatment BMPs is not feasible within 10 days, Ecology may approve additional time when an extension is requested by a Permittee within the initial 10-day response period, c. Document BMP implementation and maintenance in the site log book. The Permittee must modify the SWPPP whenever there is a change in design, construction, operation, or maintenance at the construction site that has, or could have, a significant effect on the discharge of pollutants to waters of the State. C. Stormwater Best Management Practices (BMPs) i BMPs must be consistent with: 1. Stormwater Management Manual for Western Washington (most recent edition), for sites west of the crest of the Cascade Mountains; or 2. Stormwater Management Manual for Eastern Washington (most recent edition), for sites east of the crest of the Cascade Mountains;or 3. Revisions to the manuals listed in Special Condition S9.C.1. &2., or other stormwater management guidance documents or manuals which provide an equivalent level of pollution prevention, that are approved by Ecology and incorporated into this permit in accordance with the permit modification requirements of WAC 173-226-230; or 4. Documentation in the SWPPP that the BMPs selected provide an equivalent level of pollution prevention, compared to the applicable Stormwater Management Manuals, including: a. The technical basis for the selection of all stormwater BMPs (scientific, technical studies, and/or modeling) that support the performance claims for the BMPs being selected b. An assessment of how the selected BMP will satisfy AI{ART requirements and the applicable federal technology-based treatment requirements under 40 CFR part 125.3. D. SWPPP—Narrative Contents and Requirements The Permittee must include each of the 12 elements below in Special Condition S9.D.1- 12 in the narrative of the SWPPP and implement them unless site conditions render the element unnecessary and the exemption from that element is clearly justified in the SWPPP. 1. Preserve Vegetation/Mark Clearing Limits a. Before beginning land-disturbing activities,including clearing and grading, clearly mark all clearing limits, sensitive areas and their buffers, and trees that are to be preserved within the construction area. Construction Stormwater General Permit—December 1, 2010 Page 27 I� b. Retain the duff layer,native top soil, and natural vegetation in an undisturbed state to the maximum degree practicable. 2. Establish Construction Access a. Limit construction vehicle access and exit to one route, if possible. 1 b. Stabilize access points with a pad of quarry spalls, crushed rock, or other equivalent BMPs, to minimize tracking sediment onto roads. c. Locate wheel wash or tire baths on site, if the stabilized construction entrance is not effective in preventing tracking sediment onto roads. I d. If sediment is tracked off site, clean the affected roadway thoroughly at the end of each day, or more frequently as necessary(for example, during wet weather). Remove sediment from roads by shoveling, sweeping, or pickup and transport of the sediment to a controlled sediment disposal area. e. Conduct street washing only after sediment removal in accordance with Special Condition S9.D.2.d. Control street wash wastewater by pumping back on site or otherwise preventing it from discharging into systems tributary to waters of the State. 3. Control Flow Rates a. Protect properties and waterways downstream of development sites from erosion and the associated discharge of turbid waters due to increases in the velocity and peak volumetric flow rate of stormwater runoff from the project site, as required by local plan approval authority. b. Where necessary to comply with Special Condition S9.D.3.a, construct stormwater retention or detention facilities as one of the first steps in grading. Assure that detention facilities function properly before constructing site improvements (for example,impervious surfaces). c. If permanent infiltration ponds are used for flow control during construction, protect these facilities from siltation during the construction phase. 4. Install Sediment Controls The Pena ittee must design, install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. At a minimum, the Pernittee must design, install and maintain such controls to: a. Construct sediment control BMPs (sediment ponds,traps,filters, etc.) as one of the first steps in grading. These BMPs must be functional before other land disturbing activities take place. b. Minimize sediment discharges from the site. The design,installation and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation,the nature of Construction Stornxnvater General Permit—December 1, 2010 Page 28 i resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site. c. Direct stormwater runoff from disturbed areas through a sediment pond or other appropriate sediment removal BMP,before the runoff leaves a construction site or before discharge to an infiltration facility. Runoff from fully stabilized areas may be discharged without a sediment removal BMP,but must meet the flow control performance standard of Special Condition S9.D.3.a. d. Locate BMPs intended to trap sediment on site in a manner to avoid interference with the movement of juvenile salmonids attempting to enter off- channel areas or drainages. e. Provide and maintain natural buffers around surface waters,direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration, unless infeasible. f. Where feasible,design outlet structures that withdraw impounded stormwater from the surface to avoid discharging sediment that is still suspended lower in the water column. 5. Stabilize Soils a. The Permittee must stabilize exposed and unworked soils by application of effective BMPs that prevent erosion. Applicable BMPs include,but are not limited to: temporary and permanent seeding, sodding, mulching,plastic covering, erosion control fabrics and matting, soil application of polyacrylarnide (PAM), the early application of gravel base on areas to be paved, and dust control. b. The Permittee must control stormwater volume and velocity within the site to minimize soil erosion. c. The Permittee must control stormwater discharges, including both peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion. d. Depending on the geographic location of the project, the Permittee must not allow soils to rernain exposed and unworked for more than the time periods set forth below to prevent erosion: West of the Cascade Mountains Crest During the dry season(May 1 - Sept. 30): 7 days During the wet season (October 1 -April 30): 2 days East of the Cascade Mountains Crest, except for Central Basin* During the dry season (July 1 - September 30): 10 days During the wet season(October 1 - June 30): 5 days The Central Basin*, East of the Cascade Mountains Crest Construction Stormwater General Permit—December 1, 2010 Page 29 I During the dry Season(July 1 - September 30): 30 days During the wet season (October I - June 30): 15 days *Note: The Central Basin is defined as the portions of Eastern Washington with mean annual precipitation of less than 12 inches. i e. The Permittee must stabilize soils at the end of the shift before a holiday or weekend if needed based on the weather forecast. f. The Permittee must stabilize soil stockpiles from erosion,protected with sediment trapping measures,and where possible,be located away from storm drain inlets, waterways, and drainage channels. j g. The Permittee must minimize the amount of soil exposed during construction activity. h. The Permittee must minimize the disturbance of steep slopes. i. The Permittee must minimize soil compaction and,unless infeasible,preserve topsoil. 6. Protect Slopes a. The Permittee must design and construct cut-and-fill slopes in a manner to minimize erosion. Applicable practices include,but are not limited to, reducing continuous length of slope with terracing and diversions,reducing slope steepness, and roughening slope surfaces (for example, track walking). b. The Permittee must divert off-site stoimwater(run-on)or ground water away from slopes and disturbed areas with interceptor dikes,pipes, and/or swales. Off-site stormwater should be managed separately from stormwater generated on the site. c. At the top of slopes, collect drainage in pipe slope drains or protected charnels to prevent erasion. i. West of the Cascade Mountains Crest: Temporary pipe slope drains must handle the peak 10-minute velocity of flow from a Type 1 A, 10-year, 24- hour frequency storm for the developed condition. Alternatively, the 10- year, 1-hour flow rate predicted by an approved continuous runoff model, increased by a factor of 1.6, may be used. The hydrologic analysis must use the existing land cover condition for predicting flow rates from tributary areas outside the project limits. For tributary areas on the project site, the analysis must use the temporary or permanent project land cover condition, whichever will produce the highest flow rates. If using the Western Washington Hydrology Model (WWHM) to predict flows, bare soil areas should be modeled as "landscaped area." Construction Stormwater General Permit—December 1, 2010 Page 30 i ii. East of the Cascade Mountains Crest: Temporary pipe slope drains must handle the expected peak flow velocity from a 6-month, 3-hour storm for the developed condition, referred to as the short duration storm. d. Place excavated material on the uphill side.of trenches, consistent with safety and space considerations. i e. Place check dams at regular intervals within constructed channels that are cut down a slope. 7. Protect Drain Inlets i a. Protect all storm drain inlets made operable during construction so that stormwater runoff does not enter the conveyance system without first being filtered or treated to remove sediment. b. Clean or remove and replace inlet protection devices when sediment has filled one-third of the available storage(unless a different standard is specified by the product manufacturer). 8. Stabilize Channels and Outlets a. Design, construct and stabilize all on-site conveyance channels to prevent erosion from the following expected peak flows: i. West of the Cascade Mountains Crest: Channels must handle the peals 10- minute velocity of flow from a Type 1 A, 10-year, 24-hour frequency stone for the developed condition. Alternatively, the 10-year, 1-hour flow rate indicated by an approved continuous runoff model, increased by a factor of 1.6,may be used. The hydrologic analysis must use the existing land cover condition for predicting flow rates from tributary areas outside the project limits. For tributary areas on the project site, the analysis must use the temporary or permanent project land cover condition,whichever will produce the highest flow rates. If using the W WHM to predict flows,bare soil areas should be modeled as "landscaped area." ii. East of the Cascade Mountains Crest: Channels must handle the expected peak flow velocity from a 6-month, 3-hour storm for the developed condition,referred to as the short duration storm. b. Provide stabilization,including armoring material, adequate to prevent erosion of outlets, adjacent stream banks, slopes, and downstream reaches at the outlets of all conveyance systems. 9. Control Pollutants Design, install, implement and maintain effective pollution prevention measures to minimize the discharge of pollutants. The Permittee must: Construction Stortnwater General Permit—December 1, 2010 Page 31 a. Handle and dispose of all pollutants,including waste materials and demolition debris that occur on site in a manner that does not cause contamination of stormwater. b. Provide cover, containment, and protection from vandalism for all chemicals, liquid products,petroleum products, and other materials that have the potential to pose a threat to human health or the environment. On-site fueling tanks must include secondary containment. Secondary containment means placing tanks or containers within an impervious structure capable of containing 110% of the volume contained in the largest tank within the containment structure.Double- walled tanks do not require additional secondary containment. c. Conduct maintenance,fueling, and repair of heavy equipment and vehicles using spill prevention and control measures. Clean contaminated surfaces immediately following any spill incident. d. Discharge wheel wash or tire bath wastewater to a separate on-site treatment system that prevents discharge to surface water, such as closed-loop recirculation or upland land application, or to the sanitary sewer with local sewer district approval. e. Apply fertilizers and pesticides in a manner and at application rates that will not result in loss of chemical to stormwater runoff. Follow manufacturers' label requirements for application rates and procedures. f. Use BMPs to prevent contamination of stormwater runoff by pH-modifying sources. The sources for this contamination include,but are not limited to:bulk cement,cement kiln dust, fly ash,new concrete washing and curing waters, waste streams generated from concrete grinding and sawing, exposed aggregate processes, dewatering concrete vaults, concrete pumping and mixer washout waters. (Also refer to the definition for'concrete wastewater" in Appendix A-- Definitions) g. Adjust the pH of stormwater if necessary to prevent violations of water quality standards. h. Assure that washout of concrete trucks is performed offsite or in designated concrete washout areas only. Do not wash out concrete trucks onto the ground, or into storm drains, open ditches, streets, or streams. Do not dump excess concrete on site,except in designated concrete washout areas. Concrete spillage or concrete discharge to surface waters of the State is prohibited. i. Obtain written approval from Ecology before using chemical treatment other than COz or dry ice to adjust pH. 10. Control Dewatering a. Permittees roust discharge foundation,vault, and trench dewatering water, which have characteristics similar to stormwater runoff at the site,into a Construction Stornawater General Permit—December 1, 2010 Page 32 i controlled conveyance system before discharge to a sediment trap or sediment pond. b. Permittees may discharge clean, non-turbid dewatering water, such as well- point ground water,to systems tributary to,or directly into surface waters of the State, as specified in Special Condition S9.D.8,provided the dewatering flow does not cause erosion or flooding of receiving waters. Do not route clean dewatering water through stormwator sediment ponds. Note that"surface waters of the State"may exist on a construction site as well as off site; for example, a creek running through a site. c. Other treatment or disposal options may include: i. Infiltration. ii. Transport off site in a vehicle, such as a vacuum flush truck,for legal disposal in a manner that does not pollute state waters. iii. Ecology-approved on-site chemical treatment or other suitable treatment technologies, iv. Sanitary or combined sewer discharge with local sewer district approval, if there is no other option. v. Use of a sedimentation bag with discharge to a ditch or Swale for small volumes of localized dewatering. d. Permittees must handle highly turbid or contaminated dewatering water separately from stormwator. 11. Maintain BMPs a. Permittees must maintain and repair all temporary and permanent erosion and sediment control BMPs as needed to assure continued performance of their intended function in accordance with BMP specifications. b. Permittees must remove all temporary erosion and sediment control BMPs within 30 days after achieving final site stabilization or after the temporary BMPs are no longer needed. 12. Manage the Project a. Phase development projects to the maximum degree practicable and take into account seasonal work limitations. I b. Inspection and monitoring--Inspect, maintain and repair all BMPs as needed to assure continued performance of their intended function. Conduct site inspections and monitoring in accordance with Special Condition S4. c. Maintaining an updated construction SWPPP--Maintain, update, and implement the SWPPP in accordance with Special Conditions S3, S4 and S9. Construction Storrnwater General Pennit—December 1, 2010 Page 33 i E. SWPPP—Map Contents and Requirements The Permittee's SWPPP must also include a vicinity map or general location map (for example, a USGS quadrangle rnap, a portion of a county or city map, or other appropriate map)with enough detail to identify the location of the construction site and receiving waters within one mile of the site. The SWPPP must also include a legible site map (or maps) showing the entire construction site. The following features must be identified,unless not applicable due to site conditions: 1. The direction of north, property lines, and existing structures and roads. 2. Cut and fill slopes indicating the top and bottom of slope catch lines. 3. Approximate slopes, contours, and direction of stormwater flow before and after major grading activities. 4. Areas of soil disturbance and areas that will not be disturbed. 5. Locations of structural and nonstructural controls (BMPs)identified in the SWPPP. 6. Locations of off-site material, stockpiles,waste storage,borrow areas, and vehicle/equipment storage areas. 7. Locations of all surface water bodies, including wetlands. 8. Locations where stormwater or non-stormwater discharges off-site and/or to a surface water body,including wetlands. 9. Location of water quality sampling station(s), if sampling is required by state or local permitting authority. 10. Areas where final stabilization has been accomplished and no further construction- phase permit requirements apply. 510. NOTICE OF TERMINATION A. The site is eligible for termination of coverage when it has met any of the following conditions: 1. The site has undergone final stabilization, the Permittee has removed all temporary BMPs (except biodegradable BMPs clearly manufactured with the intention for the material to be left in place and not interfere with maintenance or land use), and all stormwater discharges associated with construction activity have been eliminated; or 2. All portions of the site that have not undergone final stabilization per Special Condition S10.A.1 have been sold and/or transferred (per General Condition G9), and the Permittee no longer has operational control of the construction activity; or Construction Stornuvater General Penult—December 1, 2010 Page 34 i 3. For residential construction only, the Permittee has completed temporary stabilization and the homeowners have taken possession of the residences. B. When the site is eligible for termination, the Permittee must submit a complete and accurate Notice of Termination (NOT)form, signed in accordance with General Condition G2, to: Department of Ecology Water Quality Program - Construction Stormwater PO Box 47696 Olympia, Washington 98504-7696 The termination is effective on the date Ecology receives the NOT form,unless Ecology notifies the Permittee within 30 days that termination request is denied because the Permittee has not met the eligibility requirements in Special Condition S 10.A. Permittees transferring the property to a new property owner or operatorlpermittee are required to complete and submit the Notice of Transfer form to Ecology,but are not required to submit a Notice of Termination form for this type of transaction. Construction Stormwater General Permit—December 1, 2010 Paae 35 i i GENERAL CONDITIONS G1. DISCHARGE VIOLATIONS All discharges and activities authorized by this general permit must be consistent with the terms and conditions of this general permit. Any discharge of any pollutant more frequent than or at a level in excess of that identified and authorized by the general permit must constitute a violation of the terms and conditions of this permit. G2. SIGNATORY REQUIREMENTS A. All permit applications must bear a certification of correctness to be signed: 1. In the case of corporations,by a responsible corporate officer of at least the level of vice president of a corporation; 2. In the case of a partnership,by a general partner of a partnership; 3. In the case of sole proprietorship,by the proprietor; or 4. In the case of a municipal, state, or other public facility, by either a principal executive officer or ranking elected official. B. All reports required by this permit and other information requested by Ecology must be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above and submitted to the Ecology. 2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility, such as the position of plant manager, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters. C. Changes to authorization. If an authorization under paragraph G2.B.2 above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph G2.13.2 above must be submitted to Ecology prior to or together with any reports, information, or applications to be signed by an authorized representative. D. Certification. Any person signing a document under this section must make the following certification: "I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering Construction Stormwater General Permit—December 1, 2010 Page 36 i i information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." G3. RIGHT OF INSPECTION AND ENTRY The Permitter must allow an authorized representative of Ecology, upon the presentation of 1 credentials and such other documents as may be required by law: A. To enter upon the premises where a discharge is located or where any records are kept under the terms and conditions of this permit. B. To have access to and copy—at reasonable times and at reasonable cost-- any records required to be kept under the terms and conditions of this permit. C. To inspect-- at reasonable times—any facilities, equipment (including monitoring and control equipment),practices, methods, or operations regulated or required under this permit. D. To sample or monitor--at reasonable times—any substances or parameters at any location for purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act. G4. GENERAL PERMIT MODIFICATION AND REVOCATION This permit may be modified,revoked and reissued, or terminated in accordance with the provisions of Chapter 173-226 WAC. Grounds for modification,revocation and reissuance, or termination include,but are not limited to,the following: A. When a change occurs in the technology or practices for control or abatement of pollutants applicable to the category of dischargers covered under this permit. B. When effluent limitation guidelines or standards are promulgated pursuant to the CWA or Chapter 90.48 RCW,for the category of dischargers covered under this permit. C. When a water quality management plan containing requirements applicable to the category of dischargers covered under this permit is approved, or D. When information is obtained that indicates cumulative effects on the environment from dischargers covered under this permit are unacceptable. G5. REVOCATION OF COVERAGE UNDER THE PERMIT Pursuant to Chapter 43.2113 RCW and Chapter 173-226 WAC, the Director may terminate coverage for any discharger under this permit for cause. Cases where coverage may be terminated include,but are not limited to, the following: Construction Stormwa.ter General Permit—December 1, 2010 Page 37 i A. Violation of any term or condition of this permit. B. Obtaining coverage under this permit by misrepresentation or failure to disclose fully all relevant Pacts. C. A change in any condition that requires either a temporary or permanent reduction or i elimination of the permitted discharge. D. Failure or refusal of the Permittee to allow entry as required in RCW 90,48.090. E. A determination that the permitted activity endangers human health or the environment, or contributes to water quality standards violations. F. Nonpayment of permit fees or penalties assessed pursuant to RCW 90.48.465 and Chapter 173-224 WAC. G. Failure of the Permittee to satisfy the public notice requirements of WAC 173-226- 130(5), when applicable. The Director may require any discharger under this permit to apply for and obtain coverage under an individual permit or another more specific general permit. Permittees who have their coverage revoked for cause according to WAC 173-226-240 may request temporary coverage under this permit during the time an individual permit is being developed, provided the request is made within ninety (90) days from the time of revocation and is submitted along with a complete individual permit application form. G6. REPORTING A CAUSE FOR MODIFICATION The Permittee must submit a new application, or a supplement to the previous application, whenever a material change to the construction activity or in the quantity or type of discharge is anticipated which is not specifically authorized by this permit. This application must be submitted at least sixty(60) days prior to any proposed changes. Filing a request for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not relieve the Permittee of the duty to comply with the existing permit until it is modified or reissued. G7. COMPLIANCE WITH OTHER LAWS AND STATUTES Nothing in this permit will be construed as excusing the Permittee from compliance with any applicable federal, state, or local statutes, ordinances, or regulations. GA. DUTY TO REAPPLY The Permittee must apply for permit renewal at least 180 days prior to the specified expiration date of this permit. Construction Storinwater General Permit—December 1, 2010 Page 38 i G9. TRANSFER OF GENERAL PERMIT COVERAGE Coverage under this general permit is automatically transferred to a new discharger, including operators of lots/parcels within a common plan of development or sale, if: A. A written agreement(Transfer of Coverage Form) between the current discharger (Permittee) and new discharger, signed by both parties and containing a specific date for transfer of permit responsibility, coverage, and liability is submitted to the Director; and B. The Director does not notify the current discharger and new discharger of the Director's intent to revoke coverage under the general permit. If this notice is not given, the transfer is effective on the date specified in the written agreement. When a current discharger(Permittee) transfers a portion of a permitted site, the current discharger must also submit an updated application form (NOI) to the Director indicating the remaining permitted acreage after the transfer. G10. REMOVED SUBSTANCES The Permittee must not re-suspend or reintroduce collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of storrnwater to the final effluent stream for discharge to state waters. G11. DUTY TO PROVIDE INFORMATION The Permittee must submit to Ecology,within a reasonable time, all information that Ecology may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee must also submit to Ecology,upon request, copies of records required to be kept by this permit [40 CFR 122,41(h)]. G12. OTHER REQUIREMENTS OF 40 CFR All other requirements of 40 CFR 122.41, and 122.42 are incorporated in this permit by reference. G13. ADDITIONAL MONITORING Ecology may establish specific monitoring requirements in addition to those contained in this permit by administrative order or permit modification. Construction Stormwater General Permit—December 1, 2010 Pa RP 10 G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS Any person who is found guilty of willfully violating the terms and conditions of this permit shall be deemed guilty of a crime, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars ($10,000) and costs of prosecution, or by imprisonment in the discretion of the court. Each day upon which a willful violation occurs may be deemed a separate and additional violation. Any person who violates the terms and conditions of a waste discharge permit shall incur,in addition to any other penalty as provided by law, a civil penalty in the amount of up to ten thousand dollars ($10,000) for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be deemed to be a separate and distinct violation. G15. UPSET Definition—"Upset"means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the Permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance, or careless or improper operation. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based permit effluent limitations if the requirements of the following paragraph are met. A Permittee who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that; 1) an upset occurred and that the Permittee can identify the cause(s) of the upset; 2) the permitted facility was being properly operated at the time of the upset; 3) the Permittee submitted notice of the upset as required in Special Condition S5.13, and; 4) the Permittee complied with any remedial measures required under this permit. In any enforcement proceeding, the Permittee seeking to establish the occurrence of an upset has the burden of proof.. G16. PROPERTY RIGHTS This permit does not convey any property rights of any sort, or any exclusive privilege. G17. DUTY TO COMPLY The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action;for permit termination,revocation and reissuance, or modification; or denial of a permit renewal application. Construction Storrnwater General Permit—December 1, 2010 Page 40 II i G18. TOXIC POLLUTANTS The Permittee must comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if this permit has not yet been modified to incorporate the requirement. G19. PENALTIES FOR TAMPERING The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall,upon conviction, be punished by a fine of not more than$10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this condition,punishment shall be a fine of not more than$20,000 per day of violation, or imprisonment of not more than four(4)years, or both. G20. REPORTING PLANNED CHANGES The Permittee must, as soon as possible, give notice to Ecology of planned physical alterations, modifications or additions to the permitted construction activity. The Peimittee should be aware that, depending on the nature and size of the changes to the original pernut, a new public notice and other permit process requirements may be required. Changes in activities that require reporting to Ecology include those that will result in: A. The permitted facility being determined to be a new source pursuant to 40 CFR 122.29(b). B. A significant change in the nature or an increase in quantity of pollutants discharged, including but not limited to: for sites 5 acres or larger, a 20% or greater increase in acreage disturbed by construction activity. C. A change in or addition of surface water(s) receiving stormwater or non-stormwater from the construction activity. D. A change in the construction plans and/or activity that affects the Permittee's monitoring requirements in Special Condition S4. Following such notice, permit coverage may be modified, or revoked and reissued pursuant to 40 CFR 122.62(a) to specify and limit any pollutants not previously limited. Until such modification is effective, any new or increased discharge in excess of permit limits or not specifically authorized by this permit constitutes a violation. Construction Stor-rnwater General Permit—December 1, 2010 PnaP 41 G21. REPORTING OTHER INFORMATION i Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to Ecology, it must promptly submit such facts or information. G22. REPORTING ANTICIPATED NON-COMPLIANCE The Permittee must give advance notice to Ecology by submission of a new application or supplement thereto at least forty-five(45) days prior to commencement of such discharges, of any facility expansions,production increases, or other planned changes, such as process modifications,in the permitted facility or activity which may result in noncompliance with permit limits or conditions. Any maintenance of facilities,which might necessitate unavoidable interruption of operation and degradation of effluent quality, must be scheduled during non-critical water quality periods and carried out in a manner approved by Ecology. G23. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER THE PERMIT Any discharger authorized by this permit may request to be excluded from coverage under the general permit by applying for an individual permit. The discharger must submit to the Director an application as described in WAC 173-220-040 or WAC 173-216-070, whichever is applicable,with reasons supporting the request. These reasons will fully document how an individual permit will apply to the applicant in a way that the general permit cannot. Ecology may snake specific requests for information to support the request. The Director will either issue an individual permit or deny the request with a statement explaining the reason for the denial. When an individual permit is issued to a discharger otherwise subject to the construction stonnwater general permit, the applicability of the construction stonmwater general permit to that Permittee is automatically terminated on the effective date of the individual permit. G24. APPEALS A. The terms and conditions of this general permit, as they apply to the appropriate class of dischargers, are subject to appeal by any person within 30 days of issuance of this general permit, in accordance with Chapter 43.2113 RCW, and Chapter 1.73-226 WAC. B. The terms and conditions of this general permit, as they apply to an individual discharger, are appealable in accordance with Chapter 43.21B RCW within 30 days of the effective date of coverage of that discharger. Consideration of an appeal of general permit coverage of an individual discharger is limited to the general pennit's applicability or nonapplicability to that individual discharger. C. The appeal of general permit coverage of an individual discharger does not affect any other dischargers covered under this general permit. If the terms and conditions of this general permit are found to be inapplicable to any individual dischtuger(s),the matter Construction Stormwater General Permit—December 1, 2010 Page 42 it I shall be remanded to Ecology for consideration of issuance of an individual permit or permits. G25. SEVERABILITY The provisions of this permit are severable, and if any provision of this permit, or application of any provision of this permit to any circumstance,is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. G26. BYPASS PROHIBITED A. Bypass Procedures Bypass, which is the intentional diversion of waste streams from any portion of a treatment facility, is prohibited for stormwater events below the design criteria for stormwater management. Ecology may take enforcement action against a Permittee for bypass unless one of the following circumstances (1, 2, 3 or 4) is applicable. 1. Bypass of stormwater is consistent with the design criteria and part of an approved management practice in the applicable stormwater management manual. 2. Bypass for essential maintenance without the potential to cause violation of permit limits or conditions. Bypass is authorized if it is for essential maintenance and does not have the potential to cause violations of limitations or other conditions of this permit, or adversely impact public health. 3. Bypass of stormwater is unavoidable, unanticipated, and results in noncompliance of this permit. This bypass is permitted only if: a. Bypass is unavoidable to prevent loss of life,personal injury, or severe property damage. "Severe property damage"means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. b. There are no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,retention of untreated wastes, maintenance during normal periods of equipment downtime(but not if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance), or transport of untreated wastes to another treatment facility. Construction Stormwater General Permit—December 1, 2010 pnan 41 �I c. Ecology is properly notified of the bypass as required in Special Condition S5.F of this permit. 4. A planned action that would cause bypass of stormwater and has the potential to result in noncompliance of this permit during a storm event. The Permittee must notify Ecology at least thirty (30) days before the planned date of bypass. The notice must contain: a. a description of the bypass and its cause b. an analysis of all known alternatives which would eliminate, reduce, or mitigate the need for bypassing. c. a cost-effectiveness analysis of alternatives including comparative resource damage assessment. d. the minimum and maximum duration of bypass under each alternative. e. a recommendation as to the preferred alternative for conducting the bypass. f. the projected date of bypass initiation. g. a statement of compliance with SEPA. h. a request for modification of water quality standards as provided for in W AC 173-20 IA-110, if an exceedance of any water quality standard is anticipated. i. steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. 5. For probable construction bypasses, the need to bypass is to be identified as early in the planning process as possible. The analysis required above must be considered during preparation of the Stormwater Pollution Prevention Plan (SWPPP) and must be included to the extent practical. In cases where the probable need to bypass is determined early, continued analysis is necessary up to and including the construction period in an effort to minimize or eliminate the bypass. Ecology will consider the following before issuing an administrative order for this type bypass: a. If the bypass is necessary to perform construction or maintenance-related activities essential to meet the requirements of this permit. b. If there are feasible alternatives to bypass, such as the use of auxiliary treatment facilities,retention of untreated wastes, stopping production, maintenance during normal periods of equipment down time, or transport of untreated wastes to another treatment facility. c. If the bypass is planned and scheduled to minimize adverse effects on the public and the environment. Construction Stormwater General Permit—December 1, 2010 Page 44 After consideration of the above and the adverse effects of the proposed bypass and any other relevant factors,Ecology will approve, conditionally approve, or deny the request. The public must be notified and given an opportunity to comment on bypass incidents of significant duration, to the extent feasible. Approval of a request to bypass will be by administrative order issued by Ecology tinder RCW 90.48.120. B. Duty to Mitigate The Permittee is required to take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. I I i Construction Stannwater General Permit—December 1, 2010 Page 45 APPENDIX A—DEFINITIONS AKART is an acronym for"all known, available, and reasonable methods of prevention, control, and treatment."AKART represents the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants and controlling pollution associated with a discharge. i Applicable TMDL means a TMDL for turbidity, fine sediment,high pH, or phosphorus, which was completed and approved by EPA before January 1, 2011, or before the date the operator's complete permit application is received by Ecology, whichever is later. Applicant means an operator seeking coverage under this permit. Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, I maintenance procedures, and other physical, structural and/or managerial practices to prevent or reduce the pollution of waters of the State. BMPs include treatment systems, operating procedures, and practices to control: stormwater associated with construction activity, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Buffer means an area designated by a local jurisdiction that is contiguous to and intended to protect a sensitive area. Bypass means the intentional diversion of waste streams from any portion of a treatment facility. Calendar Day A period of 24 consecutive hours starting at 12:00 midnight and ending the following 12:00 midnight. Calendar Week(same as)Yeek) means a period of seven consecutive days starting at 12:01 a.m. (0:01 hours) on Sunday. Certified Erosion and Sediment Control Lead (CESCL) means a person who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology (see BMP C160 in the SWMM). Clean Water Act(CWA) means the Federal Water Pollution Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 97-117; USC 1251 et seq. Combined Sewer means a sewer which has been designed to serve as a sanitary sewer and a storm sewer, and into which inflow is allowed by local ordinance. Common Plan of Development or Sale means a site where multiple separate and distinct construction activities may be taking place at different threes on different schedules and/or by different contractors,but still under a single plan. Examples include: 1)phased projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate builders); 2) a development plan that may be phased over multiple years, but is still under a Construction Stornawater General Pertnit—December 1, 2010 Page 46 I �I i II consistent plan for long-term development; 3) projects in a contiguous area that may be unrelated but still under the same contract,such as construction of a building extension and a new parking lot at the same facility; and 4)linear projects such as roads, pipelines, or utilities. If the project is part of a common plan of development or sale, the disturbed area of the entire plan must be used in determining permit requirements. Composite Sample means a mixture of grab samples collected at the same sampling point at different times, formed either by continuous sampling or by mixing discrete samples. May be "time-composite" (collected at constant time intervals) or "flow-proportional' (collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots. Concrete wastewater means any water used in the production, pouring and/or clean-up of concrete or concrete products, and any water used to cut, grind, wash, or otherwise modify concrete or concrete products.Examples include water used for or resulting from concrete trucldmixerlpumperltool/chute rinsing or washing, concrete saw cutting and surfacing (sawing, coring, grinding, roughening, hydro-demolition,bridge and road surfacing). When stormwater comingles with concrete wastewater, the resulting water is considered concrete wastewater and must be managed to prevent discharge to waters of the state, including ground water. Construction Activity means land disturbing operations including clearing, grading or excavation which disturbs the surface of the land. Such activities may include road construction, construction of residential houses, office buildings, or industrial buildings, and demolition activity. Contaminant means any hazardous substance that does not occur naturally or occurs at greater than natural background levels. See definition of"hazardous substance" and WAC 173-340-200. Demonstrably Equivalent means that the technical basis for the selection of all stormwater BMPs is documented within a SWPPP,including: 1. The method and reasons for choosing the stormwater BMPs selected. 2. The pollutant removal performance expected from the BMPs selected. 3. The technical basis supporting the performance claims for tine BMPs selected, including any available data concerning field performance of the BMPs selected. 4. An assessment of how the selected BMPs will comply with state water quality standards. 5. An assessment of how the selected BMPs will satisfy both applicable federal technology- based treatment requirements and state requirements to use all known, available, and reasonable methods of prevention, control, and treatment (AKART). Department means the Washington State Department of Ecology. Detention means the temporary storage of stormwater to improve quality and/or to reduce the mass flow rate of discharge. Construction Storinwater•General Permit—December 1, 2010 Pace 47 i Dewatering means the act of pumping ground water or stormwater away from an active construction site. Director means the Director of the Washington Department of Ecology or his/her authorized representative. Discharger means an owner or operator of any facility or activity subject to regulation under Chapter 90.48 RCW or the Federal Clean Water Act. Domestic Wastewater means water carrying hrunan wastes, including kitchen,bath, raid laundry wastes from residences, buildings,industrial establishments, or other places, together with such ground water infiltration or surface waters as may be present. Ecology means the Washington State Department of Ecology. Engineered Soils means the use of soil amendments including, but not limited, to Portland cement treated base (CTB), cement kiln dust (CKD), or fly ash to achieve certain desirable soil characteristics. Equivalent BMPs means operational, source control, treatment, or innovative BMPs which result in equal or better quality of stormwater discharge to surface water or to ground water than BMPs selected from the SWMM, Erosion means the wearing away of the land surface by running water, wind, ice, or other geological agents,including such processes as gravitational creep. Erosion and Sediment Control BMPs means BMPs intended to prevent erosion and sedimentation, such as preserving natural vegetation, seeding, mulching and matting, plastic covering, filter fences, sediment traps, and ponds. Erosion and sediment control BMPs are synonymous with stabilization and structural BMPs. Final Stabilization (same as fully stabilized or full stabilization) means the establishment of a j permanent vegetative cover, or equivalent permanent stabilization measures (such as riprap, gabions or geotextiles) which prevents erosion. Ground Water means water in a saturated zone or stratum beneath the land surface or a surface water body. Hazardous Substance means any dangerous or extremely hazardous waste as defined in RCW 70.105.010 (5) and (6), or any dangerous or extremely dangerous waste as designated by rule under chapter 70.105 RCW; any hazardous sub-stance as defined in RCW 70.105.010(14) or any hazardous substance as defined by rule under chapter 70.1.05 RCW; any substance that, on the effective date of this section, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C., Sec. 9601(14); petroleum or petroleum products; and any substance or category of substances,including solid waste decomposition products, determined by the director Construction Stormwater General Penuit—December 1, 2010 Page 48 i by rule to present a threat to human health or the environment if released into the environment. The team hazardous substance does not include any of the following when contained in an underground storage tank from which there is not a release: crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law. Injection Well means a well that is used for the subsurface emplacement of fluids. (Sae Well.) Jurisdiction means a political unit such as a city, town or county; incorporated for local self- government. National Pollutant Disebarue Elimination System (NPDES) means the national program for issuing,modifying,revoking and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements,under sections 307, 402, 318, and 405 of the Federal Clean Water Act,for the discharge of pollutants to surface waters of the State from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington Department of Ecology. Notice of Intent(NOI) means the application for, or a request for coverage under this general permit pursuant to WAC 173-226-200. Notice of Termination (NOT) means a request for termination of coverage under this general permit as specified by Special Condition S 10 of this permit. Operator means any party associated with a construction project that meets either of the following two criteria: • The party has operational control over construction plans and specifications,including the ability to make modifications to those plans and specifications; or • The party has day-to-day operational control of those activities at a project that are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWPPP or comply with other permit conditions). Permittee means individual or entity that receives notice of coverage under this general permit. pH means a liquid's measure of acidity or alkalinity. A pH of 7 is defined as neutral. Large variations above or below this value are considered harmful to most aquatic life. pH monitoring period means the time period in which the pH of storimwater runoff from a site must be tested a minimum of once every seven days to determine if stormwater pH is between 6.5 and 8.5. Point source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, and container from which pollutants are or may be discharged to surface waters of the State. This term does not include return flows from irrigated agriculture. (See Fact Sheet for further explanation.) Construction Stormwater General Permit—December 1, 2010 ramp as i Pollutant means dredged spoil, solid waste,incinerator residue, filter backwash, sewage, garbage, domestic sewage sludge (biosolids), munitions, chemical wastes, biological materials, radioactive materials,heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste. This term does not include sewage from vessels within the meaning of section 312 of the CWA, nor does it include dredged or fill material discharged in accordance with a permit issued under section 404 of the CWA. Pollution means contamination or other alteration of the physical, chemical, or biological properties of waters of the State; including change in temperature, taste, color, turbidity, or odor of the waters; or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the State as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare; or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wild animals,birds, fish or other aquatic life. Process wastewater means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material,intermediate product, finished product, byproduct, or waste product (40 CFR 122.1). Receiving water means the water body at the point of discharge. If the discharge is to a storm sewer system, either surface or subsurface, the receiving water is the water body to which the storm system discharges. Systems designed primarily for other purposes such as for ground water drainage, redirecting stream natural flows, or for conveyance of irrigation water/return flows that coincidentally convey stormwater are considered the receiving water. Representative means a stormwater or wastewater sample which represents the flow and characteristics of the discharge. Representative samples may be a grab sample, a time- proportionate composite sample, or a flow proportionate sample. Ecology's Construction Stormwater Monitoring Manual provides guidance on representative sampling. Sanitarys ewer means a sewer which is designed to convey domestic wastewater. Sediment means the fragmented material that originates from the weathering and erosion of rocks or unconsolidated deposits, and is transported by, suspended in, or deposited by water. I Sedimentation means the depositing or formation of sediment. i Sensitive area means a water body, wetland, stream, aquifer recharge area, or channel migration zone. SEPA (State Environmental Policy Act) means the Washington State Law, RCW 43.2 W.020, intended to prevent or eliminate damage to the environment. i Significant Amount means an amount of a pollutant in a discharge that is amenable to available and reasonable methods of prevention or treatment; or an amount of a pollutant that has a Construction Stormwater General Permit—December 1, 2010 Page 50 I� reasonable potential to cause a violation of surface or ground water quality or sediment management standards. Significant concrete work means greater than 1000 cubic yards poured concrete or recycled concrete over the life of a project. i Significant Contributor of Pollutants means a facility determined by Ecology to be a contributor of a significant amounts) of a pollutant(s) to waters of the State of Washington. Site means the land or water area where any "facility or activity" is physically located or l conducted. Source control BMPs means physical, structural or mechanical devices or facilities that are intended to prevent pollutants from entering stormwater. A few examples of source control BMPs are erosion control practices,maintenance of stormwater facilities, constructing roofs over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead end sump. Stabilization means the application of appropriate BMPs to prevent the erosion of soils, such as, temporary and permanent seeding, vegetative covers, mulching and matting, plastic covering and sodding. See also the definition of Erosion and Sediment Control BMPs. Storm drain means any drain which drains directly into a storm sewers stem, usually found along roadways or in parking lots. Storm sewer system means a means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains designed or used for collecting or conveying stormwater. This does not include systems which are part of a combined sewer or Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2. Stormwater means that portion of precipitation that does not naturally percolate into the ground or evaporate,but flows via overland flow, interflow,pipes, and other features of a stormwater drainage system into a defined surface water body, or a constructed infiltration facility. Stormwater Management Manual (SWMM) or Manual means the technical Manual published by Ecology for use by local governments that contain descriptions of and design criteria for BMPs to prevent, control, or treat pollutants in stormwater. Stormwater Pollution Prevention Plan(SWPPP) means a documented plan to implement measures to identify, prevent, and control the contamination of point source discharges of stormwater. Surface Waters of the State includes lakes,rivers, ponds, streams, inland waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington. Construction Stormwater General Permit—December 1, 2010 n. ,. sr i I Temporary Stabilization means the exposed ground surface has been covered with appropriate materials to provide temporary stabilization of the surface from water or wind erosion. Materials include,but are not limited to, mulch,riprap, erosion control mats or blankets and temporary cover crops. Seeding alone is not considered stabilization. Temporary stabilization is not a substitute for the more permanent"final stabilization." Total Maximum Daily Load(TMDL) means a calculation of the maximum amount of a pollutant that a water body can receive and still meet state water quality standards. Percentages of the total maximum daily load are allocated to the various pollutant sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The TMDL calculations must include a "margin of safety" to ensure that the water body can be !I Protected in case there are unforeseen events or unknown sources of the pollutant. The calculation must also account for seasonable variation in water quality. Treatment BMPs means BMPs that are intended to remove pollutants from stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators,biofiltration, and constructed wetlands. Transparency means a measurement of water clarity in centimeters (cm), using a 60 em transparency tube.The transparency tube is used to estimate the relative clarity or transparency of water by noting the depth at which a black and white Secchi disc becomes visible when water is released from a value in the bottom of the tube. A transparency tube is sometimes referred to as a"turbidity tube." Turbidity means the clarity of water expressed as nephelomet-ic turbidity units (NTU) and measured with a calibrated turbidimeter. Uncontaminated means free from any contaminant, as defined in MICA cleanup regulations. See definition of"contaminant" and WAC 173-340-200. Waste Load Allocation (WLA) means the portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution. WLAs constitute a type of water quality based effluent limitation(40 CFR 1.30.2[h]). Water quality means the chemical, physical, and biological characteristics of water, usually with respect to its suitability for a particular purpose. Waters of the State includes those waters as defined as waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and "waters of the State" as defined in Chapter 90.48 RCW, which include lakes, rivers, ponds, streams, ,inland waters, underground waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington. Well means a bored, drilled or driven shaft, or dug hole whose depth is greater than the largest surface dimension. (See Injection well.) Construction Stormwater•General Permit—December 1, 2010 Page 52 i Wheel wash wastewater means any water used in, or resulting from the operation of, a Lire bath or wheel wash (BMP C 106: Wheel Wash), or other structure or practice that uses water to physically remove mud and debris from vehicles leaving a construction site and prevent track- out onto roads. When stonnwater coningles with wheel wash wastewater, the resulting water is considered wheel wash wastewater and must be managed according to Special Condition S9.D.9. I i i Construction Storinwater General Permit—December 1, 2010 Page 53 i I APPENDIX B—ACRONYMS AKART All Known, Available, and Reasonable Methods of Prevention, Control, and Treatment . BMP Best Management Practice i CESCL Certified Erosion and Sediment Control Lead CFR Code of Federal Regulations CKD Cement Kiln Dust cm Centimeters CTB Cement-Treated Base CWA Clean Water Act DMR Discharge Monitoring Report EPA Environmental Protection Agency ESC Erosion and Sediment Control FR Federal Register NOI Notice of Intent NOT Notice of Termination NPDES National Pollutant Discharge Elimination System NTU Nephelometrie Turbidity Unit RCW Revised Code of Washington SEPA State Environmental Policy Act SWMM Stormwater Management Manual SWPPP Stoi7nwater Pollution Prevention Plan TMDL Total Maximum Daily Load UIC Underground Injection Control USC United States Code USEPA United States Environmental Protection Agency WAC Washington Administrative Code WQ Water Quality WWHM Western Washington Hydrology Model Construction Stormwater General Permit—December 1, 2010 Page 54 i IIII Issuance Date:. January 18,2012 Effective Date: February 17,2012 Expiration Date: February 17, 2017 AQUATIC NOXIOUS WEED MANAGEMENT GENERAL PERMIT National Pollutant Discharge Elimination System and State Waste Discharge General Permit Permit Number WAG993000 State_of Washington Department of Ecology Olympia, Washington 98504 In compliance with the provisions of Chapter 90.48 Revised Code of Washington (State of Washington Water Pollution Control Act) and Title 33 United States Code, Section 1251 et seq. The Federal Water Pollution Control Act(The Clean Water Act) Until this permit expires,is modified or revoked, P,ermittees that have properly obtained coverage under this general permit are authorized to discharge in accordance with the special and general conditions that follow. I I ell use md,P.E.,P.G. W er Quality Program Manager Washington State Department of Ecology_ i i TABLE OF CONTENTS i SUMMARY OF PERMIT REPORT SUBMITTALS.................................................................... 4 i SPECIAL PERMIT CONDITIONS ......................................................................I........................ 5 S1. PERMIT COVERAGE......................................................................................................... 5 A. Activities Covered Under This Permit......................................................................... 5 B. Geographic Area Covered........................................................................—........I....I... 5 C. Activities Excluded From Coverage Under This Permit.............................................. 6 S2. APPLICATION FOR COVERAGE..................................................................................... 6 A. Who May Apply for Coverage..................................................................................... 6 B. How to Obtain Coverage.............................................................................................. 6 C. How to Terminate Permit Coverage--......................................................................... 7 S3. DISCHARGE LIMITS.....................................................................................................7 A. Compliance with Standards.......................................................................................... 7 B. Temporary Exceedance of Water Quality Standards ................................................... 8 C. Application Requirements.......................................................................I.................... 8 D. Impaired Water Bodies................................................................................................. 8 E. Protecting Native Vegetation........................................................................................ 8 F. Discharge Management Plans (DMPs)......................................................................... 8 S4. THE APPLICATION OF PRODUCTS ...............................................................................9 A. Prohibited Discharges................................................................................................... 9 B. Authorized Discharges ................................................................................................. 9 C. Experimental Use ....................................................................................................... 11 D. General Application Restrictions................................................................................ 12 S5. NOTIFICATION AND POSTING REQUIREMENTS..................................................... 12 A. Ecology Notification Requirements for Adverse Incidents or Chemical Spills ......... 12 B. Spartina Notification and Posting Requirements....................................................... 12 C. Freshwater Weed Notification and Posting Requirements......................................... 13 S6. MONITORING REQUIREMENTS FOR FRESHWATER EMERGENT PLANTS ....... 14 S7. ANALYTICAL PROCEDURES ............................................................................I.......... 15 S8. REPORTING AND RECORDKEEPING REQUIREMENTS.......................................... 15 A. Annual Treatment/Monitoring Reports...................................................................... 15 B. Records Retention......................................................................................I.......-...... 15 C. Recording of Results .................................................................................................. 16 D. Noncompliance Notification....................................................................................... 16 S9. SPILL PREVENTION AND CONTROL.......................................................................... 16 A. Spill Prevention.......................................................................................................... 16 B. Spill Notification Requirements................................................................................. 16 C. Spill Cleanup Requirements....................................................................................... 16 SIO. APPENDICES .................................................................................................................. 17 GENERALCONDITIONS .......................................................................................................... 18 Gl. DISCHARGE VIOLATIONS............................................................................................ 18 G2. PROPER OPERATION AND MAINTENANCE............................................................. 18 G3. RIGHT OF ENTRY........................................................................................................... 18 G4. PERMIT COVERAGE REVOCATION........................................................................... 18 Aquatic Noxious Weed Management General Permit—January 18, 2072 Page 2 i G5. GENERAL PERMIT MODIFICATION OR REVOCATION ......................................... 19 G6. REPORTING A CAUSE FOR REVOCATION OF COVERAGE .................................. 19 G7. TOXIC POLLUTANTS..................................................................................................... 20 G8. OTHER REQUIREMENTS OF TITLE 40 CODE OF FEDERAL REGULATIONS ..... 20 G9. COMPLIANCE WITH OTHER LAWS AND STATUTES.............................................20 G10. ADDITIONAL MONITORING...................................................................................... 20 G11. PAYMENT OF FEES...................................................................................................... 20 G12. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER A GENERAL PERMIT.................................................................................................................................... 20 G13. TRANSFER OF PERMIT COVERAGE......................................................................... 21 G14. PENALTIES FOR VIOLATING PERMI'i'CONDITIONS ...........................................21 G15. SIGNATORY REQUIREMENTS...................................................................................21 G16. APPEALS ........................................................................................................................22 GITSEVERABILITY.............................................................................................................23 G18. DUTY TO REAPPLY .....................................................................................................23 APPENDIXA-DEFINITIONS...................................................................................................24 APPENDIXB -PUBLIC NOTICE.............................................................................................. 29 APPENDIX C -POSTING TEMPLATES................................................................................... 31 POSTING TEMPLATES FOR FRESHWATER TREATMENTS........................................ 32 POSTING TEMPLATES FOR SPARTINA TREATMENTS...............................................42 I I Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 3 i SUMMARY OF PERMIT REPORT SUBMITTALS I Refer to the Special and General Conditions of this pernut for submittal requirements. Table 1. Required permit submittals I Permit Submittal frequency Due Date(s) Section At least 60 days prior S2. Application for new coverage As necessary to the start of discharge Updated Integrated Pest Management Once per February 1,2013 and SIR Plan for Freshwater Emergent Noxious- permit cycle when updated and Quarantine-Listed Weeds and as updated S5.A. Notification of adverse incidents As necessary As necessary S6. Freshwater emergent weed monitoring Annually February 1 plan S8.A. Annual monitoring report Annually February 1 S8.D. Noncompliance notification As necessary As necessary S.9.13. Spill notification As necessary As necessary As necessary Within 1.4 days of G5. Permit modification request G6. Permit revocation As necessary As necessary G13. Request for transfer of coverage As necessary As necessary At least 1.80 days prior Once per to the permit expiration G.18. Re-Application for permit coverage permit cycle date Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 4 i The text of this permit contains words or phrases which are formatted in bold and italics when first used in the document. These words or phrases are defined in Appendix A. 1 SPECIAL PERMIT CONDITIONS S1. PERMIT COVERAGE The Aquatic Noxious Weed Management General Permit regulates the use of pesticides and other products applied to manage Washington state noxious-and quarantine-listed weeds where pesticides or other products may indirectly enter the surface waters of the state of Washington, A. Activities Covered Under This Permit This general permit covers freshwater and marine noxious- and quarantine-listed weed management activities that result in a discharge of herbicides,adjuvants, and marker dyes (referred to hereafter as chemicals) indirectly into streams,rivers, estuaries, marine areas,wetlands, along lake shorelines, and other wet areas. The permit also covers the treatment of noxious- and quarantine-listed vegetation for roadside/ditch bank management activities where chemicals may indirectly enter the water. This permit does not apply to the in-water application of chemicals directly into lakes, ponds, streams, or rivers to manage freshwater noxious- and quarantine-listed weeds. The Aquatic Plant and Algae Management General Permit is the appropriate permit for those activities. Plants authorized for treatment under this permit include: 1. Noxious weeds as identified in chapter 16.750 of the Washington Administrative Code (WAC). 2. Plants listed on the Washington State Department of Agriculture's (WSDA) quarantine list as identified in chapter 16.752 WAC. 3. Non-native and potentially invasive plants not listed on the above lists, as determined by the Washington State Noxious Weed Control Board (WSNWCB),WSDA, the Washington Invasive Species Council, or the Washington State Department of Ecology(Ecology). B. Geographic Area Covered This permit covers the activities listed in S LA throughout surface waters of the state of Washington, except for federal and tribal lands. Aquatic Noxious Weed Management General Pennit—January 18, 2012 Page 5 i C. Activities Excluded From Coverage Under This Permit i Ecology will not require coverage under this pen-nit for the use of chemicals on the following sites: 1. Constructed detention or retention ponds designed specifically for wastewater or stormwater treatment that do not discharge to other water bodies during and for two weeks after treatment, or where Ecology regulates the discharge under another permit that allows chemical treatment. 2. Any constructed water body five acres or less in surface area with no discharge to other surface waters of the state during and for two weeks after treatment. 3. Any constructed water body ten acres or less in surface area under single ownership with no public access and no discharge to other surface waters of the state during and for two weeks after treatment. 4. Upland farm ponds with no discharge to other surface waters of the state during and for two weeks after treatment. 5. Treatment conducted on seasonally dry land surfaces (including seasonally dry wetlands) so long as the treatment occurs when the area is dry and the active ingredient is not biologically available when the water returns. 6. Research activities when applying chemical or products to water bodies under a State Experimental Use Permit(see S4.C.). S2. APPLICATION FOR COVERAGE A. Who May Apply for Coverage This permit covers activities outlined in S1.A performed by government entities,non- governmental organizations, and private applicators. WSDA may contract with other state or local government entities,non-governmental organizations, and private applicators or individuals to treat plants specified in S I.A. of this permit. Contractors, called"limited agents"by WSDA must comply with the permit. Either the Pelvuttee or its contractor(per individual agreement)may carry out notification, monitoring, reporting, documentation, planning, and other administrative permit tasks. B. How to Obtain Coverage The applicant must: 1. Submit an application for coverage no later than 60 days prior to the planned discharge date. A complete application must include a complete and signed Notice of Intent (NOI), and a State Environmental Policy Act(SEPA) checklist. Aquatic Noxious Weed Management General Permit—January 18, 2072 Page 6 2. Publish public notice twice, one week apart, in a local newspaper of general circulation that an application for permit coverage has been made pursuant to WAC 173-226-130(5). j i 3. Publish the public notice only after Ecology has received the complete application for coverage. 4. Use the applicant Public Notice Template provided in Appendix B of this permit. The applicant may add additional information to the template as long as the required information remains as stated on the template. I 5. Submit an original copy of the portion of the newspaper publication containing the Public Notice and the newspaper date to Ecology for each week the Public Notice is published, or submit a signed, notarized affidavit of publication indicating what is included in the Public Notice and the dates that the Public Notice will be published. 6. At the end of the 30-day comment period,Ecology will consider comments about the applicability of this permit to the proposed plant treatment activity before issuing a decision on permit coverage. If the applicant does not receive notification of a coverage decision from Ecology, coverage under this permit will begin automatically on the 61st day following Ecology's acceptance of a completed NOI. C. How to Terminate Permit Coverage A Permittee may request termination of permit coverage by submitting a Notice of Termination form(NOT)to Ecology. Every July 1, the Permittee will continue to incur an annual permit fee unless it submits a NOT. S3. DISCHARGE LIMITS A. Compliance with Standards 1. The application of chemicals must not cause or contribute to a violation of the Water Quality Standards for Surface Waters of the State of Washington (chapter 173-201A WAC), Ground Water Quality Standards (chapter 173-200 WAC), Sediment Management Standards (chapter 173-204 WAC), and human health-based criteria in the National Toxics Rule (40 CRF 131.36). Ecology prohibits discharges that do not comply with these standards. 2. Permittees must use all known, available, and reasonable methods of pollution control,prevention, and treatment(AIfART) when applying chemicals. Compliance with this permit, the Washington Pesticide Control Act, the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act(FIFRA) label, and all other applicable federal, state, and local laws constitute AKART. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 7 i �I B. Temporary Exceedance of Water Quality Standards Short and long-term exceedance of water quality standards are allowed under this permit provided the Permittee complies with the provisions of WAC 173-201A-410. C. Application Requirements The Permittee must fully comply with the F1FRA label. Nothing in this permit relieves the Permittee from meeting the requirements on the FIFRA label. The Permittee must ensure that: 1. A licensed pesticide applicator, with the appropriate WSDA license and certification, has direct supervision responsibilities for the use of pesticides during application. 2. All applicators have current training in the use of equipment necessary to apply chemicals correctly and that they use approved application techniques. 3. Appropriately trained personnel calibrate the application equipment for the chemical used. D. Impaired Water Bodies The Permittee must not cause further impairment of any 303(d)-listed water body for any parameter. See www.ecy.wa.gov/programslwg1303dlindex.html for listed water bodies. E. Protecting Native Vegetation In identified andlor emergent wetlands and other areas with native vegetation, the Permittee must make reasonable efforts to protect native plants when applying chemicals. F. Discharge Management Plans (DMPs) The WSDA Integrated Pest Management Plan for Freshwater Emergent Noxious- and Quarantine-Listed Weeds covers the discharge of chemicals to manage freshwater noxious weeds and incorporates the principles of integrated pest management (IPM). It is equivalent to a DMP. 1. The Peilnittee must update this plan and any addendums, submit the plan to Ecology by February 1, 2013, and post the updated plan on its website. 2. When the Permittee is WSDA, contactors operating under WSDA permit coverage must adopt and follow the plan's IPM principles. 3. New applicants must adopt and follow the WSDA plan's IPM principles or develop its own IPM plan(s), which Ecology must approve in advance of any treatment. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 8 i I i S4. THE APPLICATION OF PRODUCTS A. Prohibited Discharges 1. Ecology prohibits treatment that causes oxygen depletion to the point of stress or �I lethality to aquatic biota from plant die-off, the mortality of aquatic vertebrates, or unintended impacts to water quality or biota. 2. This permit does not authorize any direct application of chemicals into the water. Ecology covers in-water treatment of noxious weeds such as Eurasian watermilfoil under its Aquatic Plant and Algae Management Permit. B. Authorized Discharges 1. Beginning on the effective date of this permit and until Ecology modifies,reissues, or revokes this permit;this permit authorizes the Permittee to discharge the chemicals listed in the permit indirectly into surface waters of the State,provided that the discharge meets the terms and conditions of the permit. 2. This permit does not convey any property rights of any sort, or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights. 3. The Permittee may apply the following listed active ingredients that are labeled for use on aquatic sites indirectly to waters of the state: a. Bispyribac-sodium: sodium, 2,6-bis [(4,6-dimethoxy-pyrimidin-2-yl)oxy] benzoate b. Carfentrazone-ethyl: Ethyl a,2-diehloro-5-[4-(difluoromethyl)-4,5-dihydro-3- methyl-5-oxo-1]FI-1,2,4-tr7azol-l-yll-4-fluorobenzenepropanoate c. 2,4-D: 2,4-Dichlorophenoxyacetic acid, dimethylarnme salt d. Flurnioxazin: 2-[7-fluro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4-benzoxazin-6- yll-4,5,6,7-tetrahydro-lH-isoindole-1,3(2H)-dione; an herbicide of the N- phenylphthalimide class e. Glyphosate: N-(phosphonomethyl)glycine, isopropylamine salt f. hnazamox: 2-[4,5-dihydro-4-methyl-(1-methylethyl)-5-oxo-lH-imidazol-2-yll-5- (methoxymethyl)-3-pyridineearboxylic acid g. Imazapyr: 2-(4,5-dihydro-4-methyl-4-(1-methyleth7yl)-5-oxo-lH-irnidazol-2-yl)- 3-pyridinecarboxylic acid Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 9 i 11. Penoxsulam: 2-(2,2-difluoroethoxy)--6-(trifluoromethyl-N-(5,8-dimethoxy[1,2,4] triazolo[1,5-e]pyrimidin-2-yl))benzenesulfonamide i. Triclopyr TEA: Triethylamine salt of 3,5,6-trichloro-2-pyridyloxyacetic acid 4. The Permittee may apply the adjuvants listed in Table 2 indirectly to waters of the State. Table 2—Adjuvants i Adjuvant(Trade Name) Product use Agri-Dex''M Crop oil concentrate AquaSurfrM Surfactant BondTM Spreader, sticker, and deposition aid Brone MaxTM Water conditioning agent Water conditioning agent, Brone Plus Dry-EDTTM surfactant, deposition aid, and anti- foam agent Class Act NGTM Water conditioning agent and surfactant Modified vegetable oil and CompettorT"' surfactant Cut-RateTM Water conditioning agent Cygnet PhtsTM Surfactant and modified vegetable oil DestinyHCTM Modified vegetable oil and surfactant Modified vegetable oil and Dyne-AmieTM surfactant Water conditioning agent and ExciterTM surfactant FraetionTM Water conditioning agent Deposition aid and drift control InterloclJm agent KineticTM Surfactant Aquatic Noxious Weed Managernent General Permit—January 18, 2012 Page 10 i F Wconditioning Product useant, water conditioningand acidifierant, acidifier, deposition aid,ft control agenttant, deposition aid, and drift agentconditioning agent andant conditioning agent, One-AP XLTM surfactant, deposition aid, and antifoaming agent Water conditioning agent and Pro AMS Plus' surfactant Carrier, drift control agent, and Sinkefm deposition aid Spray-RiOm Water conditioning agent Superb HCTM High surfactant oil concentrate TacticTM Spreaderlsticker and deposition aid TronicTM Surfactant 5. The Perrnittee may apply marker dyes indirectly to waters of the State. C. Experimental Use The Permittee may apply chemicals not listed in this permit on a limited basis in the context of a research and development effort under the jurisdiction of the Environmental Protection Agency (EPA)through the issuance of a federal experimental use permit (40 CFR 172) and the WSDA through the issuance of a state experimental use permit(EUP). 1. Project proponents must obtain coverage under this general permit for any projects conducted under a federal EUP,unless the project proponent conducts the project at a site excluded from coverage under this permit. The Permittee must operate under both federal and state experimental use permits for projects over one acre. 2. Ecology does not require coverage under this general permit for research and development projects of one acre or less in size where the project proponent operates under a state EUP (issued by WSDA). Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 11 i I D. General Application Restrictions When a treatment occurs in a highly populated or residential area, Permittees must not I apply chemicals on weekends, Memorial Day, the 4th of July, and Labor Day without prior consent by the property owner(s) or manager(s). S5. NOTIFICATION AND POSTING REQUIREMENTS i A. Ecology Notification Requirements for Adverse Incidents or Chemical Spills The Permittee must immediately call Ecology headquarters at 360-407-6600 or 1-800- 6457-911 and discontinue treatment when they are aware of any of the following conditions occurring during or after a treatment: 1. Any person(s) exhibiting or indicating any toxic and/or allergic response because of treatment. 2. Any fish or fauna exhibiting stress or dying inside or outside of a treated area. 3. Any spill of chemicals covered under the permit that occurs into the water or onto land with a potential for entry into waters of the state. B. Spartina Notification and Posting Requirements 1. Notification Requirements a. Using the legal notice for Spartina treatments in Appendix B and before the first treatment of the year, the Permittee must publish notice in the Washington State Register and on its website. b. The Permittee must issue a press release announcing the upcoming Spartina treatment season. 2. Posting Requirements The Permittee must: a. Post all public access areas (as identified in the Washington Public Shore Guide— Marine Waters)that are within two miles of a treated area using the Spartina templates provided in Appendix C. The Permittee may add additional treatment- related information to the sign, as needed. b. Post signs before starting treatment. Aquatic Noxious Weed Management General Permit—January 78, 2012 Page 12 j c. Post signs so they are secure from the normal effects of weather but cause minimal damage to private or public property. i d. Post signs in English and the language, if other than English, commonly spoken by the community that uses the area. e. Remove all signs at the end of the treatment season. C. Freshwater Weed Notification and Posting Requirements 1. Notification Requirements I a. The Permittee must notify private residents/businesses immediately adjacent to any treated area before chemical application, or as an alternative to notification, post the treated area(see d. below). The Permittee may provide notice the same day as treatment. b. If notifying under La., the Permittee must provide notice to the resident/business by a notification form, letter, flyer, or a personal conversation. The notice must explain the purpose of the treatment,identify the herbicide used, any re-entry or water use restrictions, and provide the location of the treated area(s) in relation to the residence business. c. Ecology does not require posting on private properties that do not have any public access areas so long as fire Permittee follows the notification procedure in S5. C.1.b. d. Instead of notification,the Permittee may post the treated areas on private properties where advance notification of adjacent landowners is difficult. Where it is obvious that many people other than landowners are accessing the site, the Permittee must post the treated area. hi these situations, the Permittee must follow the posting requirements outlined in S5.2. —Posting Public Access Areas. e. The Permittee need not post or provide notification in private areas with limited site accessibility where people are highly unlikely to enter treated areas. 2. Posting Public Access Areas The permittee must post signs around the treated area any time the treated site is within 200 feet of a public access area. Public access areas include swimming beaches,public boat launches, parks,resorts, community areas,privately owned community access areas, and any other area where the public may readily access the treated areas. a. The Permittee must use the freshwater templates provided in Appendix C, but may add additional treatment-related information to the sign, as needed. If Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 13 i i applying more than one chemical in an area, the Permittee must list all.herbicides on the sign. i b. Signs must be a minimum size of 8 1/2 by 11 inches. c. The Permittee must place the signs within 1.0 feet of the edge of the treated area and at each end of the treated area. Where the treated area has a shoreline length I greater than 150 feet and the public has access, the Permittee must post, at a minimum, one sign for every 100 feet of shoreline. Where noxious weeds occur sporadically within an area, the Permittee may consider flagging them. d. The Permittee must: Post the signs before treatment but no more than 48 hours before treating. i. Post signs so that they are secure from the normal effects of weather but cause minimal damage to property. ii. Remove signs after the reentry period has expired. iii. Post signs in English and the language, if other than English, commonly spoken by the community that uses the area. S6. MONITORING REQUIREMENTS FOR FRESHWATER EMERGENT PLANTS A. The Permittee must submit an annual monitoring plan to Ecology by February I of each year. 1. The annual monitoring plan must provide proposed monitoring locations and list the active ingredients proposed for monitoring. If the Permittee adds additional monitoring locations or active ingredients later in the treatment season, the Pennittee must amend the plan to include the new information. 2. The Permittee must monitor a subset of treatments when using imazamox, bispyribac- sodium, penoxsulam, flumioxazin, carfentrazone-ethyl for emergent plant treatment. Ecology does not require monitoring for glyphosate, imazapyr, 2,4-D, and triclopyr. 3. If monitoring shows little to no herbicide residues entering the water adjacent to treated areas,Ecology may suspend any further monitoring for freshwater emergent weed herbicide applications under this permit. B. After Ecology's approval of the annual monitoring plan, the Permittee must post the monitoring plan, any amendments to the plan, and the final annual monitoring data to its website. Aquatic Noxious Weed Management General Permit—January 18, 2012 . Page 14 III i S7. ANALYTICAL PROCEDURES A. The Permittee must use either an EPA method or one of the methods specified in STB or STC. to fulfill the analytical requirements of this permit. B. The Permittee must ensure that a laboratory registered or accredited for the active ingredient(s)prepares all monitoring data submitted for this permit under the provisions of chapter 173-50 WAC, Accreditation of Environmental Laboratories. i C. Analyses conducted using enzyme linked immunosorbent assay (ELISA) methods may substitute for the requirements in S7.B. SS. REPORTING AND RECORDKEEPING REQUIREMENTS The Permittee must submit pesticide information in accordance with the following conditions. A. Annual TreatnientlMonitoring Reports 1. Annual monitoring reports must be submitted by February 1 of each year. A signed and dated copy of the reports must be submitted to: Department of Ecology Water Quality Program Attn: Aquatic Pesticide Permit Manager P.O. Box 47600 Olympia,WA 98504-7600 2. The Permittee must submit an annual treatment/monitoring report regardless of whether treatment or monitoring occurred. This report must include water body name, dates treatment occurred, chemicals used, amount of active ingredient applied, acreage treated,monitoring results, and the plant species targeted. B. Records Retention 1. The Permittee must retain records of all permitting and monitoring information for a minimum of five (5) years. Such information must include copies of all reports required by this permit and records of all data used to complete the application for this permit. 2. The Permittee must keep records longer in the event of any unresolved litigation regarding the discharge of pollutants by the Permittee or when requested by Ecology. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 15 3. The Permittee must make the records,reports, surveys,plans, public notices (including a list of locations or addresses to which they were delivered), and other information required by this permit available to Ecology on request. I C. Recording of Results I For each measurement or sample taken, the Permittee must follow the recording provisions outlined in WAC 1.73-226-090 (2). D. Noncompliance Notification In the event the Permittee is unable to comply with any of the terms and conditions of this permit for any cause, the Permittee must immediately stop the activity causing the noncompliance, correct the problem,notify Ecology of the failure to comply, and return to compliance as quickly as possible. S9. SPILL PREVENTION AND CONTROL A. Spill Prevention The Permittee must: 1. Handle, store, and use all oil, fuel, chemicals, or products authorized under this permit in a manner that prevents spills. 2. Ensure that it maintains all mobile equipment to prevent leaks or spills of petroleum products. 3. Have absorbent materials available at the application site for cleanup or the spill containment materials recommended in the Material Safety Data Sheet for that product, including appropriate cleanup materials for a spill of the products being applied. B. Spill Notification Requirements The Permittee must immediately report spills to Ecology by calling 1-899-6457-911. See www.cey.wa.goy/proprams/spills/other/reportaspill.htm.for more environmental reporting information. C. Spill Cleanup Requirements 1. In the event of a spill, the Permittee must begin immediate containment and cleanup using appropriate materials. Spill cleanup takes precedent over normal work. Aquatic Noxious Weed Man ageanent General Permit—January 18, 2012 Page 16 i I 2. Cleanup includes proper disposal of any spilled materials and used cleanup materials. SIO. APPENDICES The attached appendices are incorporated by reference into this permit. I APPENDIX A—DEFINITIONS APPENDIX B—PUBLIC NOTICE j APPENDIX C—SIGN TEMPLATES Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 17 i ,I GENERAL CONDITIONS GI. DISCHARGE VIOLATIONS I All discharges and activities authorized by this general permit must be consistent with the terns and conditions of this permit. The discharge of any pollutant more frequently than, or at a concentration in excess authorized by this permit, constitutes a violation of the terms i and conditions of this permit. G2. PROPER OPERATION AND MAINTENANCE The Permittee must at all times properly operate and maintain all systems of treatment and control to achieve compliance with the terms and conditions of the general permit, Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary systems which are installed by a Permittee only when the operation is necessary to achieve compliance with the conditions of this permit. The Permittee must not allow concentrations of the product(s) to exceed FIFRA label requirements. G3. RIGHT OF ENTRY The Permittee must allow an authorized representative of Ecology, upon the presentation of credentials and such other documents as may be required by law, at reasonable times: A. To enter upon the premises where a discharge is located or where any records must be kept under the terms and conditions of this general permit; B. To have access to and to copy any records that must be kept under the terms and conditions of the permit; C. To inspect any posting, monitoring equipment, or method of monitoring required in this permit; D. To inspect any collection, treatment, pollution management, or discharge facilities; and E. To sample any discharge of pollutants. G4. PERMIT COVERAGE REVOCATION Pursuant to chapter 43.2113 RCW and chapter 173-226 WAC, the Director may require any discharger authorized by this general permit to apply for and obtain coverage under an individual permit or another more specific and appropriate general permit. Cases where revocation of coverage may be required include, but are not limited to the following: Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 18 it I A. Violation of any term or condition of this general permit. B. Obtaining coverage under this general permit by misrepresentation or failure to disclose fully all relevant facts. C. Failure or refusal of the Permittee to allow entry as required in RCW 90.48.090. tivity endangers human health or the environment, D. A determination that the permitted ac or significantly contributes to water quality standards violations. E. Nonpayment of permit fees or penalties assessed pursuant to chapter 90.48.465 RCW and chapter 173-224 WAC, F. Failure of the Permittee to satisfy the public notice requirements of WAC 173-226- 120(5), when applicable; or Permittees who have their coverage revoked for cause according to WAC 173-226-240, may request temporary coverage under this permit during the time an individual permit is being developed, provided the request is made within ninety(90) days from the time of revocation and is submitted along with a complete individual permit application form. G5. GENERAL PERMIT MODIFICATION OR REVOCATION This permit may be modified,revoked and reissued, or terminated in accordance with the provisions of chapter 173-226 WAC. Grounds for modification or revocation and reissuance include,but are not limited to, the following: A. When a change that occurs in the technology or practices for control or abatement of pollutants applicable to the category of dischargers covered under this permit. B. When effluent limitation guidelines or standards are promulgated pursuant to the Federal Water Pollution Control Act or chapter 90.48 RCW for the category of dischargers covered under this general permit. C. When a water quality management plan containing requirements applicable to the category of dischargers covered under this general permit is approved. D. When information is obtained which indicates that cumulative effects on the environment from dischargers covered under this general permit are unacceptable. G6. REPORTING A CAUSE FOR REVOCATION OF COVERAGE A Permittee who knows or has reason to believe that any activity has occurred or will occur which would constitute cause for revocation under condition G5 above or 40 CFR 122.62 must report such information to Ecology so that a decision can be made on whether action to revoke coverage under this general permit will be required. Ecology may then require submission of a new application for coverage under this or another general permit or an Aquatic Noxious Weed Management General Permit—Jauuaty 18, 2012 Page 19 application for an individual permit. Submission of a new application does not relieve the Permittee of the duty to comply with all the terms and conditions of the existing general permit until the new application for coverage has been approved. i G7. TOXIC POLLUTANTS The Permittee must comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if this permit has not yet been modified to incorporate the requirement. GS. OTHER REQUIREMENTS OF TITLE 40 CODE OF FEDERAL REGULATIONS All other applicable requirements of 40 CFR 122.41 and 122.42 are incorporated in this general permit by reference. G9. COMPLIANCE WITH OTHER LAWS AND STATUTES Nothing in this permit excuses the Permittee from compliance with any applicable federal, state, or local statutes, ordinances, or regulations. G10. ADDITIONAL MONITORING Ecology may establish specific monitoring requirements in addition to those contained in this general permit by administrative order or permit modification. Gll. PAYMENT OF FEES The Permittee must submit payment of fees associated with this permit as assessed by Ecology. Ecology may revoke this permit coverage or take enforcement, collection, or other actions, if the permit fees established under chapter 173-224 WAC are not paid. G12. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER A GENERAL PERMIT Any discharger authorized by this general permit may request to be excluded from coverage under this general permit by applying for an individual permit. The discharger must submit to the Director an application as described in WAC 173-220-040 or WAC 173-216-070, whichever is applicable, with reasons supporting the request. The reasons must fully document how an individual permit will apply to the applicant in a way that the general permit cannot. The Director may either issue an individual permit or deny the request with a statement explaining the reason for the denial. When an individual permit is issued to a Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 20 I discharger otherwise subject to this general permit, the applicability of this general permit to that Permittee is automatically terminated on the effective date of the individual permit. G13. TRANSFER OF PERMIT COVERAGE I This permit coverage may be automatically transferred to a new Pemrittee,if: i A. The Permittee notifies Ecology at least 30 days in advance of the proposed transfer date. B. The notice includes a written signed agreement between the existing and new Permittee containing a specific date for transfer of permit responsibility, coverage, and liability between them. C. Ecology does not notify existing Pernrittee and the proposed new Permittee of its intent to modify or revoke coverage. G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS Any person who is found guilty of willfully violating the terms and conditions of this permit is deemed guilty of a crime, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars ($10,000) and costs of prosecution, or by imprisonment in the discretion of the court. Each day upon which a willful violation occurs may be deemed a separate and additional violation. Any person who violates the terms and conditions of a waste discharge permit will incur, in addition to any other penalty as provided by law, a civil penalty in the amount of up to ten thousand dollars ($10,000) for every such violation. Each and every violation is a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be deemed to be a separate and distinct violation. G15. SIGNATORY REQUIREMENTS All applications,reports, or information submitted to Ecology must be signed and certified. A. In the case of a municipal, state, or public facility, all permit applications must be signed by a principal executive officer or ranking elected official. In the case of a corporation, partnership, or sole proprietorship, all permit applications must be signed by either a principal executive officer of at least the level of vice president of a corporation, a general partner of a partnership, or the proprietor of a sole proprietorship. B. All reports required by this permit and other information requested by Ecology shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 21 it 1. The authorization is made in writing by a person described above and submitted to Ecology. 2. The authorization specifies either an individual or a position having responsibility for the overall operation of a regulated facility, such as the position of plant manager, j superintendent,position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters. (A duly authorized representative may thus be either a named individual or any individual occupying a named position). C. Changes to authorization. If an authorization under paragraph B.2. above is no longer accurate because a different individual or position has responsibility for environmental matters, a new authorization satisfying the requirements of paragraph 13.2. must be submitted to Ecology prior to or together with any reports, information, or applications to be signed by an authorized representative. D. Certification. Any person signing a document under this section must make the following certification: I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel property gathered and evaluated the information submitted. Based on my inquiries of the person or persons who manage the system, or those persons directly responsible,for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significantpenalties for submitting false information, including the possibility of fines and imprisonment,for knowing violations. G16. APPEALS The terms and conditions of the Aquatic Noxious Weed Management general permit are subject to appeal. There are two different appeal categories: A. The permit terms and conditions as they apply to the appropriate class of dischargers are subject to appeal within thirty (30) days of issuance of this general permit in accordance with chapter 43.21(B) RCW and chapter 173-226 WAC; and B. The applicability of the permit terms and conditions to an individual discharger are subject to appeal in accordance with chapter 43.21(13) RCW within thirty (30) days of the effective date of coverage of that discharger. An appeal of the coverage of this permit to an individual discharger is limited to applicability or non-applicability to that same discharger. Appeal of this permit coverage of an individual discharger will not affect any other individual dischargers. If the terms and conditions of this general permit are found to be inapplicable to any discharger (s), Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 22 i the matter must be remanded to Ecology for consideration of issuance of an individual permit or permits. G17. SEVERABILITY The provisions of this general permit are severable, and if any provision of this general permit, or application of any provision of this general permit to any circumstance,is held invalid, the application of such provision to other circumstances and the remainder of this general permit shall not be affected thereby. G18. DUTY TO REAPPLY The Perinittee must reapply for coverage under this general permit at least one hundred and eighty(180) days prior to the specified expiration date of this general permit. An expired general permit continues in force and effect until Ecology issues a new general permit or until Ecology cancels it. Only those Permittees that reapply for coverage are covered under the continued permit. Aquatic Noxious Weed Management General Permit—January 78, 2012 Page 23 i APPENDIX A - DEFINITIONS �I All definitions listed below are for use in the context of this permit only. 303(d):,Section 303(d) of the federal Clean Water Act requires states to develop a list of polluted water bodies every two years.For each of those water bodies, the law requires states to develop Total Maximum Daily Loads (TMDLs). A TMDL is the amount of pollutant loading that can occur in a given water body (river,marine water, wetland, stream, or lake) and still meet water quality standards. Adjuvant: An additive, such as a surfactant, that enhances the effectiveness of the primary chemical (active ingredient). Adverse incident: An unusual or expected incident in which: 1. There is evidence that a person or non-target organism has likely been exposed to a. pesticide residue, and 2. The person or non-target organism suffered a toxic or adverse effect. Toxic or adverse effects include effects that occur within waters of the State on non-target plants, fish, or wildlife that are unusual or unexpected(e.g., effects are to organisms not otherwise described on the product label or otherwise expected to be present) because of exposure to a pesticide residue, and may include: • Distressed or dead fishes. • Unexpected stunting, wilting, or desiccation of non-target submersed or emergent aquatic plants. • Other dead or visibly distressed non-target aquatic organisms (amphibians, turtles, invertebrates, etc.). The phrase, "toxic or adverse effects", also includes any adverse effects to humans (e.g,, skin rashes) or domesticated animals that occur either from direct contact with, or as a secondary effect from a discharge (e.g., sickness from consumption of plants or animals containing pesticides) to waters of the State that are temporally and spatially related to exposure to a pesticide residue (e.g., vomiting, lethargy), All known, available, and reasonable methods of pollution control, prevention, and treatment: (AKARI): A technology-based approach to limiting pollutants from discharges. Described in chapters 90.48 and 90.54 RCW and chapters 173-201A, 173-204, 173-216 and 173-220 WAG. Applicant: The entity choosing to get coverage under this permit. Constructed water body: A constructed water body created in an area that was not part of a previously existing watercourse, such as a pond, stream, wetland, etc. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 24 i Detention or retention ponds: Constructed water bodies specifically designed to manage stormwater. Detention ponds are generally dry until a significant storm event. Retention (wet) ponds have a permanent pool of water and gradually release stormwater through an outlet. i Directly: The purposeful application of chemicals into surface waters of the state to manage the growth of submersed plants such as Eurasian watermilfoil where the intent is to add herbicides to the water to kill the plant. Herbicide application for plants such as fragrant water lily that grows in shallow water requires coverage under the Aquatic Plant and Algae Management permit rather i than the Noxious Aquatic Weed Management permit because significant amounts of herbicide may directly enter the water through its treatment. Direct supervision responsibilities: Direct supervision by aquatic certified applicators means direct on-the-job supervision and requires that the certified applicator be physically present at the application site and that the person making the application be in voice and visual contact with the certified applicator at all times during the application. Licensed certified applicators may directly supervise unlicensed applicators. Discharge Management Plan: A plan to help people reduce the use of pesticides to manage noxious weeds and that incorporates principles of integrated pest management. Federal experimental use permit: A permit issued by the EPA allowing use of pesticides that are not registered, or for experiments involving uses not allowed by the pesticide label. Aquatic applications often exceed one acre. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): A set of EPA regulations that establishes uniform pesticide product labeling,use restrictions, and review and labeling of new pesticides. Herbicide: Any substance or mixture of substances intended to prevent, destroy,repel, or mitigate any weed or other higher plant(see chapter 17.21.020 RCW). Highly populated or residential area: In area such as in a city or suburb where a large number of people may be potentially affected by an herbicide treatment or an area like a park where many people may be affected by a treatment. Identified andlor emergent wetlands: Wetlands identified by local, state, or federal agencies as being important wetlands. Plants growing with their roots underwater and foliage extending above the water (emergent plants) characterize emergent wetlands (marshes). Indirectly: The purposeful application of a chenucal to a weed where there may be inadvertent and incidental overspray or dripping of chemical from the plant into waters of the State. The applicator does not intentionally add the chemical to the water to treat the plant(as occurs during in-water treatments for submersed plants such as Eurasian watermilfoil). Indirect application to water may occur into adjacent water bodies or wetlands, particularly when treating plants where the roots may be submerged and the foliage is above water. An example is the control of knotweeds along riparian corridors—the applicator applies herbicide to the plant,but there may Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 25 i be some inadvertent overspray into the water or the herbicide can drip from the plant into a stream. Integrated Pest Management: An ecologically based strategy for pest control that incorporates monitoring, and biological,physical, and chemical controls in order to manage pests with the least possible hazard to humans,the environment, and property. Integrated pest management i considers all management actions, including no action. Ira-water treatment: The application of an aquatic herbicide to the water to control the growth of mainly submersed plants. In-water treatment also includes controlling plants that typically grow in shallow water (like fragrant water lily) where treatment can result in significant quantifies of herbicide directly entering the water. Licensed pesticide applicator: Any individual licensed as a commercial pesticide applicator, commercial pesticide operator,public operator,private-commercial applicator, demonstration and research applicator, or certified private applicator, or any other individual who is certified by the director of WSDA to use or supervise the use of any pesticide which is classified by the EPA as a restricted use pesticide or by the state as restricted to use by certified applicators only. WSDA classifies aquatic herbicides as restricted use pesticides. Limited agents: When the weed being controlled is covered under the authority of a program at WSDA,individuals, governments, and non-governmental organizations may contract with WSDA and operate under the WSDA coverage.These entities are known as"limited agents" and must follow all permit conditions and provisions. Marker dyes: Colorants sprayed onto the targeted weed along with the herbicide. Marker dyes allow better targeting of herbicide sprays since treated and untreated areas are more clearly seen by the applicator. Non-governmental organizations: Entities such as the Nature Conservancy that may have a role in managing noxious weeds. Many non-governmental organizations are non-profit. Non-native: A plant living outside of its natural or historical range of distribution. Plants considered non-native were not present in Washington prior to European settlement. Most non- native plants are not noxious weeds. Notice of Intent(NO[): An application to obtain coverage under an NPDES permit. Noxious weed: A legal term defined in chapter 17.10 RCW that means a non-native plant that when established is highly destructive, competitive, or difficult to control by cultural or chemical practices. The Washington State Noxious Weed Control Board maintains a legal list of noxious weeds (see chapter 16.750 WAC for the current list of noxious weeds). Pesticide: WAC 15.58.030 (31) 'Pesticide" means, but is not limited to: Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 26 i I a) Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug,fungus, weed, and any other form of plant or I animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest; b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and c) Any spray adjuvant(see chapter 17.21.020 RCW). Potentially invasive plants: Plant species that are not indigenous to the region,have been shown to have invasive tendencies, and have a probability of becoming listed as a noxious weed. Public Access: Identified legal passage to any of the public waters of the State, assuring that the public has access to and use of these waters for recreational and other purposes. Public access areas include public-or community-provided swimming beaches,picnic areas, docks, marinas, and boat launches at state and local parks and at private resorts. Quarantine-listed weeds: Plants listed on the WSDA Quarantine list as identified in chapter 16.752 WAC. Seasonally dry laud surfaces: An area that may be wet or contain standing water in the rainy season,but may be dry during other times of the year. When dry, there must be no standing water present in the treatment area and the soils must not be saturated at the time of treatment. Ecology does not consider tidal lands as meeting its definition of seasonally dry land surfaces. Spartina: As used in this permit, any non-native species in a genus of grasses in the family Poaceae commonly called cordgrass.There are four spartina species listed as noxious weeds in Washington on the 2011 State Noxious Weed list. State Environmental Policy Act(SEPA): A state policy that requires state and local agencies to consider the likely environmental consequences of a proposal before approving or denying the proposal (See chapter 43.21C RCW and chapter 197 -1.1 WAC). State experimental use permit: A permit issued by WSDA allowing Ilse of pesticides that are not registered, or for experiments involving uses not allowed by the pesticide label. Aquatic applications are limited to one acre or less in size. Surface waters of the state of Washington: All waters defined as "waters of the United States" in 40 CRF 122.2 within the geographic boundaries of the state of Washington. All waters defined in chapter 90.48,020 RCW.This includes lakes,rivers, ponds, streams, inland waters, and all other fresh,brackish, and marine surface waters and watercourses within the jurisdiction of the state of Washington, including drainages to surface waters. Treat: Apply an herbicide to a plant or plant population. Treatment: The application of an herbicide to a plant or plant population to kill the plant(s). Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 27 Upland faun pond: Private farm po nds created from upland sites that did not incorporate natural water bodies (WAC 173-201A-260(3)(f)). Washington Pesticide Control Act: Chapter 15.58 RCW. Washington State government agencies: Washington state government agencies such as Washington Departments of Agriculture,Fish and Wildlife,Natural Resources, etc. Does not include local governments. Washington State Noxious Weed Control Board:Established in RCW 17.10, a board of nine voting members and seven appointed members that advises WSDA about noxious weed control in Washington. The Board also serves as the state's noxious weed coordination center. Through its actions and policies it supports the activities of 48 county noxious weed control boards and weed districts. Wetland: Any area inundated with water sometime during the growing season, and identified as a wetland by a local, state, or federal agency. In the absence of other definitions set forth herein,the definitions set forth in 40 CFR Part 403.3 or in chapter 90.48 RCW apply. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 28 APPENDIX B - PUBLIC NOTICE PUBLIC NOTICE TEMPLATE FOR NEW APPLICANTS Public notice must be published at least once each week for two consecutive weeks, in a single newspaper of general circulation in the county or counties where the treatment will take place. The applicant may add additional project information to this template, but must not remove or change any bolded language (other than changing fonts or removing bolding). Applicant name and contact information(e.g.,phone number, Email address, website)is seeking coverage under the NPDES State Waste Discharge General Permit for Aquatic Noxious Weeds. The proposed coverage applies to list water body name(s), acres proposed for treatment, and their location within the water body. Water body name may be treated to control list specific noxious weeds or reference the State Noxious Weed List or Quarantine List. The chemicals planned for use are: list all active ingredients anticipated for use. Any person desiring to present their views to the Department of Ecology regarding this application must do so in writing within 30 days of the last date of publication of this notice. Comments must be submitted to the Department of Ecology.Any person interested in Ecology's action on the application may notify Ecology of their interest within 30 days of the last date of publication of this notice. Submit comments to: Department of Ecology P.O.Box 47696 Olympia,WA 98504-7600 Attn: Water Quality Program,Aquatic Pesticide Permit Manager Email:jonathanjennings@ecy.wa.gov Telephone: 360-407-6283 Copies of the application are available by contacting the Aquatic Pesticide Permit Manager. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 29 LEGAL NOTICE FOR SPARTINA TREATMENTS i The Permittee may add additional project information to this template,but must not remove or change any bolded language (other than changing fonts or removing bolding). The Washington State Department of Agriculture (WSDA) is hereby notifying the affected public that the herbicides imazapyr and glyphosate may be used to control invasive Spartina grass species between (list dates). Licensed pesticide applicators operating under WSDA's National Pollutant Discharge Elimination System(NPDES) State Waste Discharge General Permit may apply these products in the following locations; (list locations). For more information,including locations of possible application sites or information on Spartina,contact WSDA (phone, email, website). Or write WSDA Spartina Program,PO Box 42560, Olympia,WA 98504-2560. The Washington State Department of Ecology 24-hour emergency number for reporting concerns about Spartina treatments is Perrnittee may add other optional project information at its discretion. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 30 i APPENDIX C ® POSTING TEMPLATES I III Aquatic Noxious Weed Management General Permit—January 78, 2012 Page 31 POSTING TEMPLATES FOR FRESHWATER TREATMENTS I Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 32 i i I i I i UAUTION Glyphosate will be applied under permit on to control the noxious weed(s) . (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at ( } Aquatic Noxious Weed Management General Permit-January 18, 2012 Page 33 i I) I UmTluN uA AW 'M i Imazapyr will be applied under permit on to control the noxious weed(s) . (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: (_) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at ( ) i i i Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 34 i UAUTION Triclopyr TEA will be applied under permit on to control the noxious weed(s) . (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at (_) Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 35 i i i I CAUTION I The aquatic herbicide 2, 4-D (amine formulation) will be applied under permit on to control the noxious weed(s) . (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: (_) (Applicator to list a number for a contact that can explain the treatment to the caller) I This application is regulated by Department of Ecology: Phone I i Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 36 i TIUIM Imazamox will be applied under permit on to control the noxious weed(s) . (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until . (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: (_) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at (_) Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 37 I I I CAUTION I Flumioxazin will be applied under permit on to control the noxious weed(s) . (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at ( ) I I Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 38 i i UTIU Penoxsulam t will be applied under permit on o � control the noxious weed(s) . (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: (_) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at (_} i Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 39 I �i AUTION Carfentrozone-ethyl will be applied under permit on to control the noxious weed(s) . (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: (_) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at ( ) I i i Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 40 i I 10 luA mu I N Bispyribac-sodium will be applied under permit on to control the noxious weed(s) (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: (_) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at ( ) I i I Aquatic Noxious Weed Management General Permit—Januaty 18, 2012 Page 41 i POSTING TEMPLATES FOR SPARTINA TREATMENTS i I i i Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 42 i III li I I I I I AFIL I UAUTION Imazapyr will be applied under permit on to control Spartina (cordgrass). There are no swimming, recreation, or other water use restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or The WSDA Spartina Coordinator at ( ) The Department of Ecology at O I Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 43 I i i !I CAUtIUN Glyphosate will be applied under permit on to control Spartina (cordgrass). There are no swimming, recreation, or other water use restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or i The WSDA Spartina Coordinator at ( ) The Department of Ecology at ( ) I Aquatic Noxious Weed Management General Permit—January 18, 20I2 Page 44 i i Ar I uAutION Imazapyr and/or glyphosate will be applied under permit on to control Spartina (cordgrass). There are no swimming, recreation, or other water use restrictions. For more information about this treatment, contact: Phone number: (_) (Applicator to list a number for a contact that can explain the treatment to the caller) Or The WSDA Spartina Coordinator at (_) The Department of Ecology at ( ) I II i i Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 45 DAILY LOG FORM FOR PES TICIDE LI I i i I i Leber Homestead/Knox A - 6 July 23, 2014 Project Number: 08-3018 . � . . 0 2 \ / ; ( } k ) { q G 7 . _ : ; ; E63 ` k . \ 7 § 7 > - c Z, - a ) CL 00 \ / ` ( ® / "0 « { J /CO q ow § 0 � i SAMPLE PROJECT SIGN i Leber Homestead/Knox A - 7 July 23, 2014 Project Number: 08-3018 a t A MAN !3Tj • V i • U • � , v a a1 .•�" -e ., 5 � V d t � U G r r 1 r i i i Ills I PREVAILING WAGE RATES I Leber Homestead/Knox A - 8 July 23, 2014 Project Number: 08-3018 I i i 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: 7/22/2014 County Trade Job Classification Wage Holiday Overtime Note King Asbestos Abatement Journey Level $41.69 5D 1H Workers King Boilermakers Journey Level $64.44 5N 1C King Brick Mason Brick And Block Finisher $43.26 5A 1M King Brick Mason Journey Level $50.12 5A 1M King Brick Mason Pointer-Caulker-Cleaner $50.12 5A 1M King Building Service Employees Janitor $20.59 5S 2F King Building Service Employees Traveling $21.00 5S 2F Waxer/Shampooer King Building Service Employees Window Cleaner (Non- $24.29 5S 2F Scaffold) King Building Service Employees Window Cleaner $25.15 5S 2F (Scaffold) King Cabinet Makers (In Shop) Journey Level $22.74 1 King Carpenters Acoustical Worker $50.82 5D 1M King Carpenters Bridge, Dock And Wharf $50.82 5D 1M Carpenters King Carpenters Carpenter $50.82 SO 1M King Carpenters Carpenters on Stationary $50.95 5D 1M Tools King Carpenters Creosoted Material $50.92 5D 1M King Carpenters Floor Finisher $50.82 5D 1M King Carpenters Floor Layer $50.82 5D 1M King Carpenters Scaffold Erector $50.82 5D 1M King Cement Masons Journey Level $51.18 7A 1M King Divers £t Tenders Diver $105.37 5D 1M 8A King IDivers &Tenders Diver On Standby $59.50 5D 1M King Divers Et Tenders Diver Tender $54.82 5D IM King Divers Et Tenders Surface Rcv Et Roy $54.82 5D 1M Operator King Divers Et Tenders Surface Rcv Et Roy $51.07 5A 1 B Operator Tender King Dredge Workers Assistant Engineer $53.00 5D 3F King Dredge Workers Assistant Mate $52.58 5D 3F (Deckhand) King Dredge Workers Boatmen $52.30 5D 3F King Dredge Workers Engineer Welder $54.04 5D 3F King Dredge Workers Leverman, Hydraulic $55.17 5D 3F King Dredge Workers Mates $52.30 5D 3F King Dredg e�Workers Oiler $52.58 5D 3F — King Drywall Applicator Journey Level $50.82 5D 1H King Drywall Tapers Journey Level $50.87 5P 1E King Electrical Fixture Journey Level $25.84 5L 1E Maintenance Workers King Electricians - Inside Cable Splicer $65.69 7C 2W King Electricians - Inside Cable Splicer (tunnel) $70.52 7C 2W King Electricians - Inside Certified Welder $63.49 7C 2W King Electricians - Inside Certified Welder (tunnel) $68.10 7C 2W King Electricians - Inside Construction Stock $35.69 7C 2W Person King Electricians - Inside Journey Level $61.30 7C 2W King Electricians - Inside Journey Level (tunnel) $65.69 7C 2W King Electricians - Motor Shop Craftsman $15.37 1 King Electricians - Motor Shop Journey Level $14.69 1 King Electricians - Powerline Cable Splicer $68.33 5A 4A Construction King Electricians - Powerline Certified Line Welder $62.50 5A 4A Construction King Electricians - Powerline Croundperson $42.56 5A 4A Construction King Electricians - Powerline Heavy Line Equipment $62.50 5A 4A Construction Operator King Electricians - Powerline Journey Level Lineperson $62.50 5A 4A Construction King Electricians - Powerline Line Equipment Operator $52.47 5A 4A Construction King Electricians - Powerline Pole Sprayer $62.50 5A 4A Construction King Electricians - Powerline Powderperson $46.55 5A 4A Construction King Electronic Technicians !Journey Level $31 00 1 King Elevator Constructors IMechanic $80�141 ZD AA i King Elevator Constructors Mechanic In Charge $86.77 7D 4A King Fabricated Precast All Classifications - In- $15.25 5B 1R Concrete Products Factory Work Only King Fence Erectors Fence Erector $15.18 1 King Fla ggers Journey Level $35.34 7A 31 King Glaziers Journey Level $53.76 7L 1Y King Heat Fs Frost Insulators And Journeyman $58.93 5J 1S Asbestos Workers King Heating Equipment Journey Level $69.37 7F 1E Mechanics King Hod Carriers Et Mason Journey Level $42.99 7A 31 Tenders King Industrial Power Vacuum Journey Level $9.32 1 Cleaner King Inland Boatmen Boat Operator $54.57 5B 1K King Inland Boatmen Cook $50.95 5B 1K King Inland Boatmen Deckhand $51.19 5B 1K King Inland Boatmen Deckhand Engineer $52.18 5B 1K King Inland Boatmen Launch Operator $53.40 5B 1 K King Inland Boatmen Mate $53.40 5B 1K King Inspection/Cleaning/Seating Cleaner Operator, $31.49 1 Of Sewer @ Water Systems Foamer Operator By Remote Control King Inspection/Cleaning/Seating Grout Truck Operator $11.48 1 of Sewer Fs Water Systems By Remote Control King Inspection/Cteaning/Seating Head Operator $24.91 1 Of Sewer Ft Water Systems By Remote Control King InspectiontCleaninglSeating Technician $19.33 1 Of Sewer &Water Systems By Remote Control King Inspection/Cleanine/Seating Tv Truck Operator $20.45 1 Of Sewer Ft Water Systems By Remote Control King Insulation Applicators Journey Level $50.82 5D 1M King Ironworkers Journeyman $59.77 7N 10 King Laborers Air, Gas Or Electric $41.69 7A 31 Vibrating Screed King Laborers Airtrac Drill Operator $42.99 7A 31 King Laborers Ballast Regular Machine $41.69 7A 31 King Laborers Batch Weighman $35.34 7A 31 King Laborers Brick Pavers $41.69 7A 31 King Laborers Brush Cutter $41.69 7A 31 King Laborers Brush Hog Feeder $41.69 7A 31 King Laborers Burner $41.69 7A 31 King Laborers Caisson Worker $42.99 7A 31 King Laborers Carpenter Tender $41.69 7A 31 King Laborers Caulker $41.69 7A 31 King Laborers Cement Dumper-paving $42.46 7A 31 King Laborers Cement Finisher Tender $41.69 7A 31 King Laborers Change House Or Dry $41.69 7A 31 Shack King Laborers Chipping Gun (under 30 $41.69 7A 31 Lbs.) King Laborers Chipping Gun(30 Lbs. $42.46 7A 31 And Over) King Laborers Choker Setter $41.6.9 7A 31 King Laborers Chuck Tender $41.69 7A 31 King Laborers Clary Power Spreader $42.46 7A 31 King Laborers Clean-up Laborer $41.69 7A 31 King Laborers Concrete Dumper/chute $42.46 7A 31 Operator King Laborers Concrete Form Stripper $41.69 7A 31 King Laborers Concrete Placement $42.46 7A 31 Crew King Laborers Concrete Saw $42.46 7A 31 Operator/core Driller King Laborers Crusher Feeder $35.34 7A 31 King Laborers Curing Laborer $41.69 7A 31 King Laborers Demolition: Wrecking it $41.69 7A 31 Moving (incl. Charred Material) King Laborers Ditch Digger $41.69 7A 31 King Laborers Diver $42.99 7A 31 King Laborers Drill Operator $42.46 7A 31 (hydraulic,diamond) King Laborers Dry Stack Walls $41.69 7A 31 King Laborers Dump Person $41.69 7A 31 King Laborers Epoxy Technician $41.69 7A 31 King Laborers Erosion Control Worker $41.69 7A 31 King Laborers Falter Et Bucker Chain $42.46 7A 31 Saw King Laborers Fine Graders $41.69 7A 31 King Laborers Firewatch $35.34 7A 31 King Laborers Form Setter $41.69 7A 31 King Laborers Gabian Basket Builders $41.69 7A 31 King Laborers General Laborer $41.69 7A 31 King Laborers Grade Checker Et Transit $42.99 7A 31 Person i King Laborers Grinders $41.69 7A 31 King Laborers Grout Machine Tender $41.69 7A 31 King Laborers Groutmen $42.46 7A 31 (pressure)including Post Tension Beams King Laborers Guardrail Erector $41.69 7A 31 King Laborers Hazardous Waste Worker $42.99 7A 31 (level A) King Laborers Hazardous Waste Worker $42.46 7A 31 (level B) King Laborers Hazardous Waste Worker $41.69 7A 31 (level C) King Laborers High Scaler $42.99 7A 31 King Laborers Jackhammer $42.46 7A 31 King Laborers Laserbeam Operator $42.46 7A 31 King Laborers Maintenance Person $41.69 7A 31 King Laborers Manhole Builder-mudman $42.46 7A 31 King Laborers Material Yard Person $41.69 7A 31 King Laborers Motorman-dinky $42.46 7A 31 Locomotive King Laborers Nozzleman (concrete $42.46 7A 31 Pump, Green Cutter When Using Combination Of High Pressure Air£t Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bta King Laborers Pavement Breaker $42.46 7A 31 King Laborers Pilot Car $35.34 7A 31 King Laborers Pipe Layer Lead $42.99 7A 31 King Laborers Pipe Layer/tailor $42.46 7A 31 King Laborers Pipe Pot Tender $42.46 7A 31 King Laborers Pipe Reliner $42.46 7A 31 King Laborers Pipe Wrapper $42.46 7A 31 King Laborers Pot Tender $41.69 7A 31 King Laborers Powderman $42.99 7A 31 King Laborers Powderman's Helper $41.69 7A 31 King Laborers Power Jacks $42.46 7A 31 King Laborers Railroad Spike Putter - $42.46 7A 31 Power King Laborers Raker - Asphalt $42.99 7A 31 King Laborers Re-timberman $42.99 7A 31 King Laborers Remote Equipment $42.46 7A 1 31 Operator King Laborers RiggerJsignat Person 1 $42.461 7A 1 31 King Laborers Rip Rap Person _$41.69 Z_A 31 King Laborers Rivet Buster __$42.46 7A 31 King Laborers Rodder $42.46 7A 2-1 King Laborers Scaffold Erector $41.69 ZA 31 King Laborers Scale Person $41.69 7A 31 King Laborers Stoper (over 20") $42.46 7A 31 King Laborers Stoner Sprayer $41.69 7A 31 King Laborers Spreader (concrete) $42.46 7A 31 King Laborers Stake Hopper $41.69 7A 31 King Laborers Stock Piter $41.69 7A 31 King Laborers Tamper &Similar $42.46 7A 31— Electric, Air Et Gas Operated Tools King Laborers Tamper (multiple Et Self- $42.46 7A 31 propelled) King Laborers Timber Person - Sewer $42.46 7A 31 (tagger, Shorer Et Cribber) King Laborers Tootroom Person (at $41.69 Jobsite) King Laborers Topper $41.69 7A 31 King Laborers Track Laborer $41.69 7A 31 1 King Laborers Track Liner (power) $42.46 7A 31 King Laborers Traffic Control Laborer $37.79 7A 31 811 King Laborers Traffic Control $37.79 7A 31 8R Supervisor King Laborers Truck Spotter $41.69 7A 31 King Laborers Tugger Operator $42.461 7A 31 King _IEaborers Tunnel Work-Compressed $60.06 7A 31 8Q Air Worker 0-30 psi King Laborers Tunnel Work-Compressed $65.09 7A 31 8Q Air Worker 30.01-44.00 psi -Laborers King Tun net;Work-Compressed $68.77 ZA 31 88t Air Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed $74.47 7A 31 Air Worker 54.01-60.00 psi King Laborers Tunnel Tunnel Work-Compressed $76.59 7A 31 88, Air Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed $81.69 7A 31 Air Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed $83.59 7A 31 8S Air Worker 68.01.70.00 psi King Laborers Tunnet Work•Compressed $85.59 7A 31 8Q Air Worker 70.01-72.00 psi j King Laborers Tunnel Work-Compressed $87.59 7A 31 8 Air Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and $43.09 7A 31 8Q Lock Tender King Laborers Tunnel Work-Miner $43.09 7A 31 3� King Laborers Vibrator $42.46 7A 31 King Laborers Vinyl Seamer $41.69 7A 31 King Laborers Watchman $32.12 7A 31 King Laborers Welder $42.46 7A 31 King Laborers Well Point Laborer $42.46 7A 31 King Laborers Window Washer/cleaner $32.12 7A 31 King Laborers Underground General Laborer Et $41.69 7A 31 Sewer Et Water Topman King Laborers - Underground Pipe Layer $42.46 7A 31 Sewer Et Water King Landscape Construction Irrigation Or Lawn $13.56 1 Sprinkler Installers King Landscape Construction Landscape Equipment $28.17 1 Operators Or Truck Drivers King Landscape Construction Landscaping or Planting $17.87 1 Laborers King Lathers Journey Level $50.82 5D 1H King Marble Setters Journey Level $50.12 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 $51.92 5D 1M King Modular Buildings Cabinet Assembly $11.56 1 King Modular Buildings Electrician $11.56 1 King Modular Buildings Equipment Maintenance $11.56 1 i King Modular Buildings Plumber $11.56 1 King Modular Buildings Production Worker $9.40 1 King Modular Buildings Tool Maintenance $11.56 1 King Modular Buildings Utility Person $11.56 1 King Modular Buildings lWelder $11.56 1 King IPainters IJourney Level $37.80 6Z 2B King Pile Driver Journey Level $51.07 5D im King Plasterers Journey Level I R King Playground Et Park Journey Level $9.32 1 Equipment Installers King -PJumbers Ft Pipefitters Journey Level $73.69 6Z IG King Power Equipment Operators Asphalt Plant Operators $53.49 7A 3C SP King Power Equipment Assistant Engineer $50.221 7A 3C SP King Power�Euipment Operators Barrier Machine (zipper) $53.001 7A 3C 8P King Rower Equipment Operators Batch Plant Operator, $53.00 7A 3C 8P Concrete King Power Equipment Operators Bobcat $50.221 7A 3C 8P King Power Equipment Operators Brokk - Remote $50.22 7A 3C 8P Demolition Equipment I King Power Equipment Operators Brooms- $50.22 7A 3C 8P King Power Equipment Operators Bump Cutter $53.00 7A 3C 8P King Power Equipment Operators Cabteways $53.49 7A 3C 8P King Power Equipment Operators Chipper $53.00 7A 3C 8P King Power Equipment Operators Compressor $50.22 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck $53.49 7A 3C 8P Mount With Boom Attachment Over 42 M King Power Equipment Operators Concrete Finish Machine $50.22 7A 3C 8P -laser Screed King Power Equipment Operators Concrete Pump - $52.58 7A 3C 8P Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators Concrete Pump: Truck $53.00 7A 3C 8P Mount With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $52.58 7A 3C 8P King Power Equipment Operators Cranes: 20 Tons Through $53.00 7A 33C 8P 44 Tons With Attachments King Power Equipment Cranes: 100 Tons $54.04 7A 3C 8P Through 199 Tons, Or 150' Of Boom (Including Jib With Attachments) King Power Equipment Cranes: 200 Tons To 300 $54.61 7A 3C 8p Tons, Or 250'Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: 45 Tons Through $53.49 7A 3C 8P 99 Tons' Under 150' Of Boom (including Jib With Attachments) King IPower Equipment Operators iCranes: A-frame - 10 $50.22 7A ac— 8P Tons And Under King Power Equipment Operators Cranes: Friction 100 Tons $54.61 7A 3C 8P Through 199 Tons King Power Equipment Operators Cranes: Friction Over 200 $55.17 7A 3C 8P Tons King Power Equipment Operators Cranes: Over 300 Tons Or $55.17 7A X 8P 300' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes; Through 19 Tons $52.58 ZA X 8P With Attachments A- frame Over 10 Tons King Power Equipment Operators Crusher— $53.00 7A 3C 8P King Power Equipment Operators Deck Engineer/deck $53.00 7A 3C SP Winches (power) --ii] King Power Equipment Operators Derricks, On Building $53.49 ZA i—C Work King Power Equipment Operators Dozers D-9 Et Under $52.58 7A 3C 8P King Power Equipment Operators Dritt Oilers: Auger Type, $52.58 7A 3C r8P Truck Or Crane Mount Sp King Power Equipment Operators Drilling Machine $53.00 7A 3C SP 8P King Power Equipment Operators Elevator And Man-lift: $50.22 7A 3C 8P Permanent And Shaft Type King Power Equipment Operators FinishingM_achine, $53.00 7A 3C 8P Bidwell And Gamaco It Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs And $52.58 7A 3C SP Over With Attachments King Power Equipment Operators Forklifts: Under 3000 $50.22 7A 3C 8P Lbs. With Attachments King Power Equipment Operators Grade Engineer: Using $53.00 7A 3C 8p Blue Prints, Cut Sheets, Etc King Power Equipment Operators Gradechecker/stakeman $50.22 7A 3C sp King Power Equipment Operators Guardrail Punch $53.00 7A 3C 8p King Power Equipment Operators Hard Tail End Dump $53.49 7A X 8P Articulating Off- Road Equipment 45 Yards. Et Over _�5—_7A _3C _8 King Power Equipment Operators Hard Tail End Dump 3.00 8P Articulating Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators Horizontal/directional $52.58 7A 3C 8P Drilt Locator King Power Equipment Operators Horizontal/directional $53.00 7A 3C 8P Drill Operator I I King Power Equipment Operators Hydralifts/boom Trucks 1 .$52.581 7A 3C 8P Over 10 Tons King Power Equipment Operators Hydratifts/boom Trucks, $50.22 7A 3C SP 10 Tons And Under King Power Equipment Operators Loader, Overhead 8 $54.04 7A 3C 8P Yards. 8: Over King Power Equipment Operators Loader, Overhead, 6 $53.49 7A 3C 8P Yards. But Not Including 8 Yards King Power Equipment Operators Loaders, Overhead Under $53.00 7A 3C SP 6 Yards King JP�owerEquip�ment operators Loaders, Plant Feed $53.00 7A 3_C LP King Power Equipment Operators Loaders: Elevating Type $52.58 7A 3C 8P Belt King Power Equipment Operators Locomotives, All $53.00 7A 3C 8P King Power Equipment Operators Material Transfer Device $53.00 7A 3C 8P King Power Equipment Operators Mechanics, All (leadmen _$54.04 7A X 8P - $0.50 Per Hour Over Mechanic) King Power Equipment Operators Motor Patrol Grader - $52.58 7A 3C 8P Non-finishing King Power Equipment Operators Motor Patrol Graders, $53.49 7A 3C 8P Finishing I King Power Equipment Operators Mucking Machine, Mote, $53.49 7A 3C 8P Tunnel Drill, Boring, Road Header And/or Shield King Power Equipment Operators Oil Distributors, Blower $50.22 7A 3C 8P Distribution Et Mulch Seeding Operator King Power Equipment Operators Outside Hoists (elevators $52.58 7A 3C 8P And Mantifts), Air Tuggers,strato King Power Equipment Operators Overhead, Bridge Type $53.00 7A 3C 8P Crane: 20 Tons Through 44 Tons King Power Equipment Operators Overhead, Bridge Type: $54.04 7A 3C 8P 100 Tons And Over King Power Equipment Operators Overhead, Bridge Type: $53,49 7A 3C 8P 45 Tons Through 99 Tons King Power Equipment Operators Pavement Breaker $50.22 7A X 8P King Power Equipment Operators Pile Driver (other Than $53.00 7A 3C 8P Crane Mount) King Power Equipment Operators Plant Oiler- Asphalt, $52.58 7A 3C 8P Crusher King Power Equipment Operators Posthole Digger, $50.22 7A X 8P Mechanical King Power Equipment Op�erators Power Plant $50.22 ZA qC 8P King Power Equipment Operators Pumps - Water $50.22 7A 3C 8P King Power Equipment Operators Quad 9, Hd 41, DIO And $53.49 7A 3C 8P Over King Power Equipment Operators Quick Tower - No Cab, $50.22 7A 3C 8P Under 100 Feet In Height Based To Boom King Power Equipment Operators Remote Control Operator $53.49 7A 3C 8P On Rubber Tired Earth Moving Equipment King Power Equipment Operators Rigger And Bellman $50.22 7A i-c 8—p King Power Equipment Operators Rollagon $53.49 7A X 8P King Power Equipment Operators Roller, Other Than Plant $50.22 7A 3C 8P Mix King Power Equipment Operators Roller, Plant Mix Or $52.58 7A 3C 8P Multi-lift Materials King Power Equipment Operators Roto-mitt, Roto-grinder $53.00 7A 3C 8P King Power Equipment Operators Saws - Concrete $52.58 7A 3C 8p King Power Equipment Operators Scraper, Self Propelled $53.00 7A 3C 8P Under 45 Yards King Power Equipment Operators Scrapers - Concrete Et $52.58 7A 3C 8P Carry All King Power Equipment Operators Scrapers, Self-propelled: $53.49 7A 3C 8P 45 Yards And Over King Power Equipment Operators Service Engineers - $52,58 7A 3C BID Equipment King Power Equipment Operators Shotcrete/gunite $50.22 7A 3C 8P Equipment I King Power Equipment Operators Shovel , Excavator, $52,58 7A 3C Backhoe, Tractors Under 15 Metric Tons. King Power Equipment Operators Shovel, Excavator, $53.49 7A 3C 8P Backhoe: Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, $53.00 7A 3C 8P Backhoes, Tractors: 15 To 30 Metric Tons King Power Equipment Operators Shovel, Excavator, $54.04 7A 3C SP Backhoes: Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators Shovel, Excavator, $54.61 7A 3C 8P Backhoes: Over 90 Metric Tons King Power Equipment Operators Stipform Pavers $53.49 7A 3C 8P King Power Equipment Operators Spreader, Topsider Et $53.49 7A 3C BID Screedman I King Power Equipment Operators Subgrader Trimmer $53.00 7A 3C King jPower EquipmentOperators Tower Bucket Elevators 1 $52.58 7A 3C BID King Power Equipment Operators Tower Crane Over 175'm $54.61 7A X 8P Height, Base To Boom King Power Equipment Operators Tower Crane Up To 175' $54.04 7A 3C 8P In Height Base To Boom King Power Equipment Operators Transporters, All Track $53.49 7A 3C 8P Or Truck Type King Power Equipment Operators Trenching Machines $52.58 7A 3C 8P King Power Equipment Operators Truck Crane Oiler/driver $53.00 7A 3C SP - 100 Tons And Over King Power Equipment Operators Truck Crane Oiler/driver $52.58 7A 3C 8P Under 100 Tons King Power Equipment Operators Truck Mount Portable $53.00 7A 3C 8P Conveyor King Power Equipment Welder $53.49 7A 3—c 8—p King Power Equipment Wheat Tractors, Farmalt $50.22 7A X 8P Type King Power Equipment Operators Yo Yo Pay Dozer $53.00 7A X 8P King Power Equipment Asphalt Plant Operators $53.49 7A 3C 8P Operators- Undergr ound Sewer Et Water King Power Equipment Assistant Engineer $50.22 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Barrier Machine (zipper) $53.00 7A 3C 8P Operators- Underground Sewer &Water King Power Equipment Batch Plant Operator, $53.00 7A 3C 8p Operators- Undergr ound Concrete Sewer Et Water King Power Equipment Bobcat $50.22 7A 3C 8P Operators- Underground Sewer Et Water King Powert Brokk - Remote $50.22 7A 3CSP Operators- Underground Demolition Equipment Sewer Et Water King Power Equipment Brooms $50.22 7A 3C 8P Operators- Underground Sewer Ft Water King Power Equipment Bump Cutter $53.00 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Cableways $53.49 7A 3C 8P Operators- Underground Sewer Ct Water King Power Equipment Chipper $53.00 7A 3C 8P Operators- Underground Sewer r±Water King Po)yerEgujprnent Compressor 3C 8P Operators- Underground Sewer Et Water i King Power Equipment Concrete Pump: Truck $53.49 7A 3C 8P Operators- Underground Mount With Boom Sewer Et Water Attachment Over 42 M King Power Equipment Concrete Finish Machine $50.22 7A 3C 8P Operators- Underground -laser Screed Sewer Et Water I King Power Equipment Concrete Pump - $52.58 7A 3C 8P Operators- Underground Mounted Or Trailer High j Sewer Et Water Pressure Line Pump, Pump High Pressure. King Power Equipment Concrete Pump: Truck $53.00 7A 3C 8P Operators- Underground Mount With Boom Sewer Et Water Attachment Up To 42m King Power Equipment Conveyors $52.58 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Cranes: 20 Tons Through $53.00 7A 3C 8P Operators- Underground 44 Tons With Sewer Et Water Attachments King Power Equipment Cranes: 100 Tons $54.04 7A 3C 8P Operators- Underground Through 199 Tons, Or Sewer Et Water 150' Of Boom (Including Jib With Attachments) King Power Equipment Cranes: 200 Tons To 300 $54.61 7A 3C 8P Operators- Underground Tons, Or 250' Of Boom Sewer Et Water (including Jib With Attachments) King Power Equipment Cranes: 45 Tons Through $53.49 7A 3C 8P Operators- Underground 99 Tons, Under 150' Of Sewer Ft Water Boom (including Jib With Attachments) King Power Equipment Cranes: A-frame - 10 $50.22 7A 3C 8P i Operators- Underground Tons And Under Sewer Et Water King Power Equipment Cranes: Friction 100 Tons $54.61 7A 3C 8P Operators- Underground Through 199 Tons Sewer it Water King Power Equipment Cranes: Friction Over 200 $55.17 7A 3C 8P Operators- Underground Tons Sewer Et Water i King Power Equipment Cranes: Over 300 Tons Or $55.17 7A 3C 8P Operators- Underground 300'Of Boom (including Sewer Et Water Jib With Attachments) King Power Equipment Cranes: Through 19 Tons $52.58 7A 3C 8P Operators- Underground With Attachments A- Sewer Et Water frame Over 10 Tons King Power Equipment Crusher $53.00 7A 3C 8P Operators- Underground i Sewer ft Water King Power Equipment Deck Engineer/deck $53.00 7A 3C 8P j Operators- Underground Winches (power) Sewer Et Water I King Power Equipment Derricks, On Building $53.49 7A 3C 8P Operators- Underground Work Sewer It Water King Power Equipment Dozers D-9 Et Under $52.58 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Drill Oilers: Auger Type, $52.58 7A 3C 8P Operators- Underground Truck Or Crane Mount Sewer Et Water King Power Equipment Drilling Machine $53.00 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Elevator And Man-lift: $50.22 7A 3C 8P Operators- Underground Permanent And Shaft Sewer 8 Water Type King Power Equipment Finishing Machine, $53.00 7A 3C 8P Operators- Underground Bidwell And Gamaco Et Sewer Et Water Similar Equipment King Power Equipment Forklift: 3000 Lbs And $52.58 7A 3C 8P Operators- Underground Over With Attachments Sewer£t Water King Power Equipment Forklifts: Under 3000 $50.22 7A 3C 8P Operators- Underground Lbs. With Attachments Sewer Et Water King Power Equipment Grade Engineer: Using $53.00 7A 3C 8P Operators- Underground Blue Prints, Cut Sheets, Sewer Et Water Etc King Power Equipment Gradechecker(stakeman $50.22 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Guardrail Punch $53.00 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Hard Tait End Dump $53.49 7A 3C 8P Operators- Underground Articulating Off- Road Sewer Et Water Equipment 45 Yards. Et Over King Power Equipment Hard Tait End Dump $53.00 7A 3C 8P Operators- Underground Articulating Off-road Sewer Et Water Equipment Under 45 Yards i King Power Equipment Horizontal/directional $52.58 7A 3C 8P Operators- Underground Drill Locator Sewer Et Water King Power Equipment Horizontal/directional $53.00 7A 3C 8P Operators- Underground Dritt Operator Sewer a Water King Power Equipment Hydralifts/boom Trucks $52.58 7A 3C 8P Operators- Underground Over 10 Tons Sewer a Water King Power Equipment Hydralifts/boom Trucks, $50.22 7A 3C 8P _Operators- Underground 10 Tons And Under Sewer a Water i King Power Equipment Loader, Overhead 8 $54.04 7A 3C 8P Operators- Underground Yards. a Over Sewer a Water King Power Equipment Loader, Overhead, 6 $53,49 7A 3C 8P Operators- Underground Yards. But Not Including Sewer a Water 8 Yards King Power Equipment Loaders, Overhead Under $53.00 7A 3C 8P Operators- Underground 6 Yards Sewer a Water King Power Equipment Loaders, Plant Feed $53.00 7A 3C 8P Operators- Underground Sewer a Water King Power Equipment Loaders: Elevating Type $52.58 7A 3C 8P Operators- Underground Belt Sewer Ft Water King Power Equipment Locomotives, Alt $53.00 7A 3C 8P Operators- Underground Sewer a Water King Power Equipment Material Transfer Device $53.00 7A 3C 8P Operators- Underground Sewer a Water King Power Equipment Mechanics, All (lead men $54.04 7A 3C 8P Operators- Underground - $0.50 Per Hour Over Sewer £t Water Mechanic) King Power Equipment Motor Patrol Grader - $52.58 7A 3C 8P Operators- Underground Non-finishing Sewer a Water King Power Equipment Motor Patrol Graders, $53.49 7A 3C 8P Operators- Underground Finishing Sewer a Water King Power Equipment Mucking Machine, Mote, $53.49 7A 3C 8P Operators- Underground Tunnel Drill, Boring, Sewer a Water Road Header And/or Shield King Power Equipment Oil Distributors, Blower $50.22 7A 3C 8P Operators- Underground Distribution a Mulch Sewer a Water Seeding Operator King Power Equipment Outside Hoists (elevators $52.58 7A 3C 8P Operators- Underground And Mantifts), Air Sewer a Water Tuggers,strato King Power Equipment Overhead, Bridge Type $53.00 7A 3C 8P Operators- Underground Crane: 20 Tons Through Sewer a Water 44 Tons Ii King Power Equipment Overhead, Bridge Type: $54.04 7A 3C 813 Operators- Undergr ound 100 Tons And Over Sewer Et Water King Power Equipment Overhead, Bridge Type: $53.49 7A 3C 8P Operators- Underground 45 Tons Through 99 Tons Sewer Et Water King Power Equipment Pavement Breaker $50.22 7A X 8P Operators- Underground Sewer Et Water King Power Equipment Pile Driver (other Than $53.00 7A 3C 8P Operators- Underground Crane Mount) Sewer Et Water King Power Equipment Plant Oiler - Asphalt, $52.58 7A 3C 8P Operators- Underground Crusher Sewer Et Water King Power Equipment Posthote Digger, $50.22 7A 3C 8P Operators- Underground Mechanical Sewer Et Water King Power Equipment Power Plant $50.22 7A 3C 8P Operators- Underground Sewer 8: Water King Power Equipment Pumps - Water $50.22 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Quad 9, Hd 41, D10 And $53.49 7A 3C 8P Operators- Underground Over Sewer Et Water King Power Equipment Quick Tower - No Cab, $50.22 7A X 8P, Operators- Underground Under 100 Feet In Height Sewer Et Water Based To Boom King Power Equipment Remote Control Operator $53.49 7A X 8P Operators- Underground On Rubber Tired Earth Sewer 8: Water Moving Equipment King Power Equipment Rigger And Beltman $50.22 7A X 8P Operators- Underground Sewer B: Water King Power Equipment Rollagon $53.49 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Roller, Other Than Plant $50.22 ZA 3C 8P Operators- Underground Mix Sewer Et Water King Power Equipment Roller, Plant Mix Or $52.58 7A X 8P Operators- Undergr ound Mutti-lift Materials Sewer Et Water King Power Equipment Roto-milt, Roto-grinder $53.00 7A X 8P Operators- Underground Sewer 8: Water King Power Equipment Saws - Concrete $52.58 7A 3C 8P Operators- Undergr ound 1 Ii � ! Sewer Et Water King Power Equipment Scraper, Self Propelled $53.00 7A 3C 8P Operators- Underground Under45 Yards Sewer Et Water King Power Equipment Scrapers - Concrete It $52.58 7A 3C 8P Operators- Underground Carry All Sewer & Water King Power Equipment Scrapers, Self-propelled: $53.49 7A 3C 8P Operators- Underground 45 Yards And Over Sewer Et Water King Power Equipment Service Engineers - $52.58 7A 3C 8P Operators- Underground Equipment Sewer It Water King Power-Equipment Shotcretetgunite $50.22 7A 3C 8P Operators- Underground Equipment Sewer Ft Water King Power Equipment Shovel , Excavator, $52.58 7A 3C 813 Operators- Underground Backhoe, Tractors Under Sewer Et Water 15 Metric Tons. King Power Equipment Shovel, Excavator, $53.49 7A 3C 8P Operators- Underground Backhoe: Over 30 Metric Sewer Et Water Tons To 50 Metric Tons King Power Equipment Shovel, Excavator, $53.00 7A 3C 8P Operators- Underground Backhoes, Tractors: 15 Sewer Et Water To 30 Metric Tons King Power Equipment Shovel, Excavator, $54.04 7A 3C 8P Operators- Underground Backhoes: Over 50 Metric Sewer Et Water Tons To 90 Metric Tons King Power Equipment Shovel, Excavator, $54.61 7A 3C 8P Operators- Underground Backhoes: Over 90 Metric Sewer 23 Water Tons King Power Equipment Slipform Pavers $53.49 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Spreader, Topsider Et $53.49 7A 3C 813 Operators- Underground Screedman Sewer£t Water King Power Equipment Subgrader Trimmer $53.00 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Tower Bucket Elevators $52.58 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Tower Crane Over 175'in $54.61 7A 3C 8P Operators- Underground Height, Base To Boom Sewer Et Water King Power Equipment Tower Crane Up To 175' $54.04 7A 3C 8P Operators- Underground In Height Base To Boom Sewer Et Water I I King Power Equipment Transporters, All Track $53.49 7A 3C 8P Operators- Underground Or Truck Type Sewer Et Water King Power Equipment Trenching Machines $52.58 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Truck Crane Oiler/driver $53.00 7A 3C 8P Operators- Underground - 100 Tons And Over ! Sewer Et Water j King Power Equipment Truck Crane Oiler/driver $52.58 7A 3C 8P Operators- Underground Under 100 Tons Sewer Et Water King Power Equipment Truck Mount Portable $53.00 7A 3C 8P Operators- Underground Conveyor Sewer Et Water King Power Equipment Welder $53.49 7A 3C 8P Operators- Underground Sewer Et Water King Power Equipment Wheel Tractors, Farmall $50.22 7A 3C 8P Operators- Underground Type Sewer Et Water King Power Equipment Yo Yo Pay Dozer $53.00 7A 3C 8P Operators- Underground Sewer Et Water King Power Line Clearance Tree Journey Level in Charge $44.86 5A 4A Trimmers King Power Line Clearance Tree Spray Person $42.58 5A 4A Trimmers King Power Line Clearance Tree Tree Equipment $44.86 5A 4A Trimmers Operator King Power Line Clearance Tree Tree Trimmer $40.08 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer $30.20 5A 4A Trimmers Groundperson King Refrigeration 8: Air Journey Level $72.46 6Z 1G Conditioning Mechanics ! King Residential Brick Mason Journey Level $50.12 5A 1M King Residential Carpenters Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Journey Level $39.62 5D 1M Applicators King Residential Drywall Tapers Journey Level $50.87 5P 1 E King Residential Electricians Journey Level $30.44 1 King Residential Glaziers Journey Level $36.20 7L 1H King Residential Insulation Journey Level $26.28 1 Applicators King Residential Laborers Journey Level $23.03 1 i King Residential Marble Setters Journey Level $24.09 1 King Residential Painters Journey Level $24.46 1 King Residential Plumbers Et Journey Level $34.69 1 Pipefitters King Residential Refrigeration Et Journey Level $72.46 6Z 1G Air Conditioning Mechanics King -Residential Mekat Journey Level (Field or $41.84 7F I Workers Shop) King Residential Soft Floor Journey Level $42.15 5A 3D Lavers I King Residential Sprinkler Fitters Journey Level $42.48 5C 2R (Fire Protection} King Residential Stone Masons Journey Level $50.12 5A 1M King Residential Terrazzo Journey Level $46.96 5A 1M Workers King Residential Terrazzo/Tile Journey Level $21.46 1 Finishers King Residential Tile Setters Journey Level $25.17 1 King Roofers Journey Level $44.71 5A 3H King Roofers Using Irritable $47.71 5A 3H Bituminous Materials King Sheet Metal Workers Journey Level (Field or $69.37 7F 1E Shop) King Shipbuilding Et Ship Repair Boilermaker $40,12 7M 1H King Shipbuilding Et Ship Repair Carpenter $38.24 70 3B King Shipbuilding Et Ship Repair Electrician $37.80 70 3B King Shipbuilding Et Ship Repair Heat Et Frost Insulator $58.93 5J 1S King Shipbuilding Et Ship Repair Laborer $36.78 70 3B King Shipbuilding Et Ship Repair Machinist $37.81 70 3B King Shipbuilding Et Ship Repair Operator $40.15 70 3B King Shipbuilding Et Ship Repair Painter $37.79 70 3B King Shipbuilding Et Ship Repair Pipefitter $37.77 70 3B King Shipbuilding Et Ship Repair Rigger $37.74 70 3B King Shipbuilding Et Ship Repair Sandblaster $36.78 70 3B King Shipbuilding Et Ship Repair Sheet Metal $37.74 70 3B ! King Shipbuilding Et Ship Repair Shipfitter $37.74 70 3B King Shipbuilding It Ship Repair Trucker $37.59 70 3B King Shipbuilding Et Ship Repair Warehouse $37.64 70 3B King Shipbuilding Et Ship Repair Welder/Burner $37.74 70 3B King Sign Makers Et Installers Sign Installer $22.92 1 (Electrical) King Sign Makers Et Installers Sign Maker $21.36 1 (Electrical) King Sign Makers Et Installers Sign Installer $27.28 1 (Non-Electricals i i King Sign Makers £t Installers Sign Maker $33.25 1 (Non-Electrical) i King Soft Floor Lavers Journey Level $42.15 5A 3D i King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Journey Level $69.59 5C 1X Protection) King Stage Rigging Mechanics Journey Level $13.23 1 (Non Structural) King Stone Masons Journey Level $50.12 5A 1M King Street And Parking Lot Journey Level $19.09 1 Sweeper Workers King Surveyors Assistant Construction $52.58 7A 3C 8P Site Surveyor King Surveyors Chainman $52.06 7A 3C 8P King Surveyors Construction Site $53.49 7A 3C 8P Surveyor King Telecommunication Journey Level $22.76 1 Technicians King Telephone Line Cable Splicer $36.01 5A 2B Construction - Outside King Telephone Line Hole Digger/Ground $20.05 5A 2B Construction - Outside Person King Telephone Line Installer (Repairer) $34.50 5A 2B Construction - Outside King Telephone Line Special Aparatus Installer $36.01 5A 2B Construction - Outside I King Telephone Line Special Apparatus $35.27 5A 2B Construction - Outside Installer II King Telephone Line Telephone Equipment $36.01 5A 2B Construction - Outside Operator (Heavy) King Telephone Line Telephone Equipment $33.47 5A 2B Construction - Outside Operator (Light) King Telephone Line Telephone Lineperson $33.47 5A 2B Construction - Outside King Telephone Line Television Groundperson $19.04 5A 2B Construction - Outside King Telephone Line Television $25.27 5A 2B Construction - Outside Lineperson/Installer King Telephone Line Television System $30.20 5A 2B Construction - Outside Technician King Telephone Line Television Technician $27.09 5A 2B Construction - Outside King Telephone Line Tree Trimmer $33.47 5A 2B Construction - Outside King Terrazzo Workers Journey Level $46.96 5A 1M King Tile Setters Journey Level $21.65 1 King ITite, Marble &Terrazzo Finisher $37.79 5A 1 B Finishers King Traffic Control Stripers Journey Level $42.331 7A 1K King Truck Drivers Asphalt Mix Over 16 $48.87 5D 3A 8L Yards (W. WA-Joint Council 28) King Truck Drivers Asphalt Mix To 16 Yards $48.03 5D 3A 8L (W. WA-Joint Council 28) King Truck Drivers Dump Truck 8 Trailer $48.87 5D 3A 81. King Truck Drivers Dump Truck (W. WA- $48.03 5D 3A 8L Joint Council 28) King Truck Drivers Other Trucks (W. WA- $48.87 5D 3A 8L Joint Council 28) King Truck Drivers Transit Mixer $43.23 1 King Well Drillers £t Irrigation Irrigation Pump Installer $17.71 1 Pump Installers King Well Drillers & Irrigation Oiler $12.97 1 Pump Installers King Well Drillers Et Irrigation Well Driller $18.00 1 Pump Installers i I I i I Benefit Code Key—Effective 3-5-2014thru 8-30-2014 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 finies the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two(2)hours before or after a five-eight(8)hour workweek day or a four-ten(10)hour workweek day and the first eight(8)hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage.All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be,paid at double the hourly rate of wage. F. The first two (2)hours after eight(8)regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage.All other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four-ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten(10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two(2)hours after eight(8)regular hours Monday through Friday and the first ten(10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday,Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1 i Benefit Code Key—Effective 3-5-2014 thru 8-30-2014 j 1. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays,holidays and after twelve(12)hours,Monday through Friday and after ten (10)hours on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays(except makeup days if circumstances warrant)and Sundays shall be paid at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (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. 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 I 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 approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day (10 in a 4 x .10 workweek) or 40 hours during that workweek.)All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. 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 Benefit Code Ke —Effective 3-5-2014 thru 8-30-2014 Y I 2 ALL HOURS WORKED IN EXCESS OF FIGHT(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. 0. 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 thin Thursday or Tuesday dun 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. 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($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. 3 i Benefit Code Key—Effective 3-5-2014 thru 8-30-2014 3. C. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten(10)hour shifts are established,or forty(40)hours of straight time per week,Monday through Friday,or outside the normal shift,and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage.After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. i D. All hours worked between the hours of 6:00 pm and 6:00 am,Monday through Saturday, shall be paid at a premium rate of 15%over the hourly rate of wage.All other hours worked after 6:00 am on Saturdays,shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage.Each week, once 40 hours of straight time work is achieved,then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. F. All hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage.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 work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at two(2)times the regular rate of pay.Work performed on Sundays between October 15th and March 15th shall he compensated at one and one half(1-1/2)times the regular rate of pay. I. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage.In the event the job is down due to weather conditions during a five day work week(Monday through Friday,)or a four day-ten hour work week(Tuesday through Friday,)then Saturday may be worked as a voluntary make-up day at the straight time rate. However, Saturday shall not be utilized as a make-up day when a holiday falls on Friday.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. 4. ALL HOURS WORDED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEI{ 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. I i 11olidav 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: Nrew Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas,and Christmas Day(8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). I 4 j Benefit Code Key—Effective 3-5-2014 thru 8-30-2014 5. 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 J. Holidays: New Year's Day,Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day,And Christmas Day(7). i 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). i L. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, hndependence 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,Iindependence 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 Slnall Be Considered As A Holiday. Q. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day, and Christmas Day(6). R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day,One-Half Day Before Christmas Day,And Christmas Day. (7 1t2). 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). I Holiday Codes Continued I 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 Your'.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 IGng 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). 5 Benefit Code Key—Effective 3-5-2014 thru 8-30-2014 6. I. Paid Holidays: New Year's Day,Memorial,Day,Independence Day,Labor Day,Thanksgiving Day, Friday After Thanksgiving Day,And Christmas Day(7). i T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day(9). Z. Holidays: New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. Holiday Codes Continued 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 he observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday, Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day (7).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 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 an 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 6 Benefit Code Key—Effective 3-5-2014 thru 8-30-2014 7. 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. i K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day,Memorial Day, Labor Day,Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day,And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day, Independence Day,Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day, Christmas Day,And the Day after or before Christmas Day 10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.When Christmas falls on a Saturday,the preceding Friday shall be observed as a holiday. O. Paid Holidays: New Year's Day, The Day After Or Before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, The Day After Or Before Christmas Day, And'1he Employees Birthday. 11). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day(8).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. R. Paid Holidays:New Year's Day,the day after or before New Year's Day,President's Day,Memorial Day, Independence Day,Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day,and the day after or before Christmas Day(10).If any of the listed holidays fall on Saturday,the preceding Friday shall be observed as the holiday.If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. S. Paid Holidays: New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday After Thanksgiving Day,Christmas Day,The Day After Christmas,And A Floating Holiday(9). If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. 7 i i Benefit Code Key— Effective 3-5-2014 thru 8-30-2014 it Note Codes 8. A. In addition to the hourly wage and fringe benefits,the following depth premiums apply to depths of fifty feet or more: Over 50'To 100'-$2.00 per Foot for Each Foot Over 50 Feet Over 100'To 150'-$3.00 per Foot for Each Foot Over 100 Feet Over 150'To 220'-$4.00 per Foot for Each Foot Over 150 Feet Over 220'-$5.00 per Foot for Each Foot Over 220 Feet C. In addition to the hourly wage and fringe benefits,the following depth premiums apply to depths of fifty feet or more: Over 50' To 100'-$1.00 per Foot for Each Foot Over 50 Feet Over 100'To 150'-$1.50 per Foot for Each Foot Over 100 Feet Over 150'To 200'.$2.00 per Foot for Each Foot Over 150 Feet Over 200'-Divers May Name Their Own Price D. Workers working with supplied air on hazmat projects receive an additional$1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows-Level A: $0.75,Level B: $0.50,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:$0.25. P. Workers on hazmat projects receive additional hourly premiums as follows-Class A Suit: $2.00,Class B Suit: $1.50,Class C Suit: $1.00,And Class D Suit$0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen(15)minutes during the shift shall be used in determining the scale paid. R. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular,bicycle, and pedestrian traffic dining construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.These classifications are only effective on or after August 31,2012. S. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.Flaggers and Spotters shall be posted where sbown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012. T. Effective August 31,2012—A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular,bicycle,and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012, 8