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HomeMy WebLinkAboutPW14-244 - Original - Award Construction - Green River Trail Wall Retrofit - 10/01/2014 'k'�i JU kR a i Records maqagernen KENT _ _, Document WASH IHOTOH '.,. CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Award Construction, Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Green River Trail Wall Retrofit at Central Ave. Bridge Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 60 working days Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Mark Madfai Department: Engineering Contract Amount: $222 522 12 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): To certify the Horseshoe Bend Levee FEMA requires that the levee height be an additional one got higher than t e minimum at ocations 100 feet either side of a bri ge crossing. This is necessary on the west side of the bridge in order to meet requirements. As of; 08/27/14 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director 400 West Gowe wffl-AltKent, WA 98032 �$ Fax: 253-856-6500 KENT IVA 9 III N OTON PHONE: 253-856-5500 CITY OF KENT KING COUNTY, WASHINGTON Green River Trail Wall Retrofit at Central Ave. Bridge Project Number: 09-3005.7 ADDENDUM No. 1 September 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 — KENT SPECIAL PROVISIONS Page 8-9 — Section 8-12.5 — Payment REVISE the first paragraph as follows: The unit contract price per linear foot for "Remove Existing Chain Link Fence" constitutes complete compensation for all labor, materials, tools, supplies and equipment required to remove amid reinstall the fence as shown on the plans. Included in this price is the cost to remove and dispose of existing fence posts, fence fabric and hardware. END OF ADDENDUM No. 1 i 0 9—A/ ail Chad Bieren, P.E. Date City Engineer c Y 3 3 3 40 MAYOR SUZETTE COOKED TABINDEX Tab 1 Bidder`s Package Tab 2 Payment and Performance Bond and Contract Tab 3 Table of Contents Tab 4 bent Special Provisions Tab 5 Prevailing Wage Rates i CITY OF KENT KING COUNTY, WASHINGTON K PVT SPECIAL PROVISIONS FOR Greenit Wall Retrofit Ave,at Central Bridge Projecter: 09-3005. 7 BIDS ACCEPTED UNTIL September 9, 2014 11: 0 A.M. BID OPENING IMMEDIATELY FOLLOWING I DELIVER TO CITY OF KE T, CITY HALL 220 4th Avenue S., Kent, WA 95032-5895 TIMOTHY J. LAPORTE, P.E. PUBLIC WORKS DIRECTOR �� r i 3iT73 W A 5 H I N G T 0 N i �II I 1 � BIDDER'S NAME Award Construction, Inc. CITY OF KENT KING COUNTY, WASHINGTON KENT SPECIAL PROVISIONS FOR Green River Trail Wall Retrofit at Central Ave. Bridge Project Number: 09-3005.7 BIDS ACCEPTED UNTIL September 9, 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 KENT WASHINGTON ORDER OF CONTENTS Invitation to Bid Contractor Compliance Statement Declaration - City of Kent Equal Employment Opportunity Policy Administrative Policy 1.2 - Minority and Women Contractors City of Kent Equal Employment Opportunity Compliance Statement Proposal City of Kent Subcontractor List (over $100K) Subcontractor List (over $1 million) Contractor's Qualification Statement Proposal Signature Page Bid Bond Form Combined Declaration Form Non-Collusion, Minimum Wage Change Order Bidder's Checklist Payment and Performance Bond Contract Table of Contents Kent Special Provisions i 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 September 9, 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: Green River Trail Wall Retrofit at Central Ave. Bridge Project Number: 09-3005.7 The project consists of modifying existing concrete walls on the west side of the South Central Avenue bridge where it crosses the Green River. This includes approximately 150 lineal feet of concrete floodwall construction and securing fence replacement. The Engineer's estimate for this project is approximately $225,000, Bid documents may be obtained by contacting City of Kent Engineering Department, Nancy Yoshitake at (253) 856- 5508. For technical questions, please call Mark Madfai at (253) 856-5521. 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 $50.00 for each set. Plans and specifications can also be downloaded at no charge at www.kentwa.gov/procurement. Copies of the WSDOT Standard Specifications are available for perusal only. A cashier's check, cash or surety bond in the amount of 50/o 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. i No bidder may withdraw his/her bid for a period of sixty (60) days after the day of bid opening. Dated this 2Wh day of August, 2014. BY. 164JI /a Ronald F. Moore, City Clerk Published in Kent Reporter on August 29, 2014 Daily Journal of Commerce on August 26 and September 2, 2014 CONTRACTOR COMPLIANCE STATEMENT (President's Executive Order #11246) Date 9/9/14 This statement relates to a proposed contract with the City of Kent named Green River Trail Wall Retrofit at Central Ave. Bridge Project Number: 09-3005.7 I am the undersigned bidder or prospective contractor. I represent that - 1 I B.Todd Vasey have, , 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. Award Construction, Inc. NAME OF BIDDER BY. ✓ c President SIGNATUREJTITLE 980 Willeys La e Rd Ferndale, WA 98248 ADDRESS I (Note to Bidders: The information required in this Compliance Statement is informational only) GR Trail Wall Retrofit/Madfai 1 August 20, 2014 Project Number: 09-3005.7 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such, all contractors, subcontractors and suppliers who perform work with relation to this contract shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific contract to adhere to. An affirmative response is required on all of the following questions for this contract to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlined, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the contract; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this contract I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this contract the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the contract I, the prime contractor, will actively consider hiring and promotion of women and minorities. 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. By signing below, I agree to fulfill the five requirements referenced above. By: J For: Award Constructs n, Inc. Title: President Date: 9/9/14 GR Trail Wall Retrofit/madfal 2 August 20, 2014 Project Number: 09-3005.7 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. I GR Trail Wall Retrofit/Madfai 3 August 20, 2014 Project Number: 09-3005.7 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFT1EWCCOMPLETION of this project by the Contractor awarded the contract. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before- mentioned company was the prime contract for the contract known as Green River Trail Wall Retrofit at Central Ave. Bridge/Project Number: 09-3005.7 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. By: For: Title: Date: GR Trail Wall Retrofit/Madfai 4 August 20, 2014 Project Number: 09-3005J PROPOSAL To the City Clerk City Hall Kent, Washington 98032 The undersigned hereby certifies that Award Construction, Inc. has examined the job site and construction details of the work as outlined on the plans and described in the specifications for the project named Green River Trail Wall Retrofit at Central Ave. Bridge/Project Number: 09-3005.7 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 EXAMPLE SCHEDULE 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. GR Trail Wall Retrofit/Madfai 5 August 20, 2014 Project Number: 09-3005.7 SCHEDULE I - LEVEE ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 1000 1-09.7 1 Mobilization $ '9(1'0 �XI. $ g1,6M.G� WSDOT LUMP SUM Per LS 1005 2-01.5 1 Clearing and Grubbing $ 7, `0$ ?, 6229.E WSDOT LUMP SUM Per LS t✓ er1 1010 2-02.5 50 Remove Existing Asphalt $ p $ Jr`Q KSP SQ YDS Concrete Pavement Per SY 1050 2-02.5 150 Saw Cut Existing Asphalt $ 7.�$ 1, cz>.� KSP LN FT Concrete Pavement Per LF 1070 4-04.5 25 Gravel Backfill for Drains $ 57vo$ 1, KSP TONS Per TON 1080 4-04.5 10 Crushed Surfacing To KSP TONS Course, 5/8 Inch Minus Per TON $ ($6.00 Min) 1085 4-04.5 125 Gravel Backfill for Walls $ $ KSP TONS Per TON ($6.00 Min) 1095 5-04.5 10 HMA Class 1/2", PG 64-22 $ plo., $ KSP TONS Per TON 1150 2-09.5 75 Shoring or Extra Excavation $ ��$ as WSDOT SQ FT Class B Per SF 1200 6-11.5 175 Type 1 Wall $ KSP SQ FT WALL Per SFWF FACE I I GR Trail Wall Retrofit/Madfal 6 August 20, 2014 Project Number: 09-3005.7 SCHEDULE I - LEVEE ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 1205 6-11.5 775 Type 2 Wall $ $ KSP SQ FT WALL Per SFWF FACE 1230 2-02.5 100 Remove Existing Concrete $ $ ; KSP SQ FT Wall Per SF 1240 2-02.5 1 Remove Existing Cabinet and $ �, 4 0150. KSP EACH Concrete Base Per EA 1260 8-12.5 150 Remove Existing Chain Link $ �CJ. $ t KSP LN FT Fence Per LF 1275 8-12.5 150 Install New Chain Link Fence $ ( $ KSP LN FT Per LF 1280 8-12.5 1 Install New 8 Foot Chain Link $ 60 $ KSP EACH Gate Per EA 0 1285 8-12.5 1 Modify Existing Chain Link $ $ (, KSP EACH Gate Per EA 1300 7-01.5 150 Under Drain Pipe, $ V, el $ 5 776`� KSP LN FT 6 Inch Diameter Per LF 1310 7-01.5 1 Verify Integrity of Existing $ 410— 14)ezol KSP LUMP SUM Pipe Per LS 1315 7-01.5 1 Existing Underdrain Pipe $5,000.00* $5,000,00 KSP FORCE Repair or Replacement Per FA ACCOUNT *Common price to all bidders GR Trail Wall Retrofit/Madfai 7 August 20, 2014 Project Number: 09-3005.7 SCHEDULE I - LEVEE ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. 2UANTITY PRICE AMOUNT 1335 2-07.5 60 Watering $ 105Pb 0,73 KSP HOURS Per HR 1340 1-04.4(1) 1 Minor Changes $5,000.00* $5,000.00 WSDOT CALC Per CALC *Common price to all bidders 1350 1-10.5 1 Temporary Traffic Control $ 9, $ qceo, ce KSP LUMP SUM Devices Per LS Schedule I Total $ GR Trail Wall Retrofit/Madfai 8 August 20, 2014 Project Number: 09-3005.7 '... SCHEDULE VII - TEMPORARY EROSION AND SEDIMENTATION CONTROL ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 7000 8-01.5 800 Seeding, Fertilizing, and $ p . $ KSP SQ FT Mulching Per SF 7005 8-01.5 150 Filter Fabric Fence $ $ KSP LN FT Per LF 7010 8-01.5 150 Wattle $ 15- $ WSDOT LN FT Per LF 7015 8-02.5 20 Topsoil Type A $ b l� $ ( /W KSP CU YDS Per CY 7020 8-01.5 250 Straw Mulch $ p . $ (, , r KSP SQ FT Per SF 7025 8-01.5 250 Clear Plastic Covering $ $ KSP SQ FT Per SF 7055 8-01.5 1 Erosion/Water Pollution $5,000.00* $5,000.00 WSDOT FORCE Control Per FA ACCOUNT *Common price to all bidders Schedule VII Total GR Trail Wall Retrofit/madfai 9 August 20, 2014 Project Number: 09-3005.7 BID SUMMERY Schedules � I� z�� Schedule VIZ Sub Total ' 5h} 9.5% WA State Sales Tax eta TOTAL BID AMOUNT �. Li7 ' GR Trail Wall Retrofit/Madfai 10 August 20, 2014 Project Number: 09-3005.7 CITY OF KENT SUBCONTRACTOR LIST (Contracts over $100,000) List each subcontractor, from any tier of subcontractors, that shall perform subcontract work amounting to more than 10% of the total bid contract price. List each bid item to be performed by each designated subcontractor in numerical sequence. If no subcontractors will be performing 10% or more of the work, indicate this by writing "None" and signing this form at the bottom of the page. Failure to submit a fully completed and signed subcontractor list after the time set for bid opening may disqualify your bid. Project Name: Green River Trail Wall Retrofit at Central Ave. Bridge Project Number: 09-3005.7 Subcontractor Name ?Cll •c Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers CONTRACTOR'S SIGNATURE GR Trail Wall Retrofit/Madfai it August 20, 2014 Project Number: 09-3005.7 �1 blc� ot r� < " 101; I I SUBCONTRACTOR LIST (Contracts over 1 million dollars) Name of Bidder: Award Construction, Inc. Project Name: Green River Trail Wall Retrofit at Central Ave. Bridae Project Number: 09-3005.7 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: Plumbing Subcontractor Name: Electrical Subcontractor Name: 9/9/14 Signature of Bidder Date GR Trail Wall Retrofit/Madfai 12 August 20, 2014 Project Number: 09-3005.7 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. GR Trail Wall Retrofit/Madfai 13 August 20, 2014 Project Number: 09-3005.7 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: Award Construction, Inc. NAME: B. Todd Vasey ADDRESS: 980 Willeys Lake Rd Ferndale, WA 98248 PRINCIPAL OFFICE: ADDRESS: 980 Willeys Lake Rd Ferndale, WA 98248 PHONE: (360) 318-8708 FAX: (360) 318--8728 P� 5nSTA UTO Y R IIIEMENTSl�1 �� `®� � 1.1 Provide a copy of your Department of Labor and Industries certificate of registration in compliance with chapter 18.27 RCW. 1.2 Provide your current state unified business identifier number. 1.3 Provide proof of applicable industrial insurance coverage for your employees working in Washington as required in Title 51 RCW, together with an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW. Providing a copy of a state of Washington "Master License Service Registration and Licenses" form is typically sufficient evidence of the requirements of this subsection. 1.4 Provide a statement, signed by a person with authority to act and speak for your company, that your company, including any subsidiary companies or affiliated companies under majority ownership or under control by the owners of the bidder's company, are not and have not been in the past three (3) years, disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). GR Trail Wall Retrofit/Madfai 14 August 20, 2014 Project Number: 09-3005.7 2. ORGANIZATION 2.1 How many years has your organization been in business as a Contractor? 2.2 How many years has your organization been in business under its present business name? 2.2.1 Under what other or former names has your organization operated? 2.3 If your organization is a corporation, answer the following: 2.3.1 Date of incorporation: 2.3.2 State of incorporation: 2.3.3 President's name: 2.3.4 Vice-president's name(s): 2.3.5 Secretary's name: 2.3.6 Treasurer's name: 2.4 If your organization is a partnership, answer the following: 2.4.1 Date of organization: 2.4.2 Type of partnership (if applicable): 2.4.3 Name(s) of general partner(s): 2.5 If your organization is individually owned, answer the following: 2.5.1 Date of organization: 2.5.2 Name of owner: 2.6 If the form of your organization is other than those listed above, describe it and name the principals: 3. LICENSING 3.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate license numbers, if applicable. 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. 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? 4.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? GR Trail Wall RetrofltJMadfai 15 August 20, 2014 Project Number: 09-3005.7 4.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? 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.) 4.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect or design engineer, contract amount, percent complete and scheduled completion date. 4.4.1 State total worth of work in progress and under contract: 4.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect or design engineer, contract amount, date of completion and percentage of the cost of the work performed with your own forces. 4.5.1 State average annual amount of construction work performed during the past five years: 4.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. 4.7 On a separate sheet, list your major equipment. 5. REFERENCES 5.1 Trade References: 5.2 Bank References: 5.3 Surety: 5.3.1 Name of bonding company: 5.3.2 Name and address of agent: 6. FINANCING 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: GR Trail Wall Retroflt/madfai 16 August 20, 2014 '..... Project Number: 09-3005.7 '.... 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 9th day of September 2014. Name of Organization: Award Construction, Inc. '4� � 4 By: Title: President 7.2 B. Todd Vasey being duly sworn, deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this 9th day of September 2014, Notary Public: P My Commission Expires: 10/11/15 Notary Public State of Washington commission Expires y Q11 f12076 GR Trail Wall Retrofit/Madfai 17 August 20, 2014 Project Number: 09-3005.7 i i Contractor's Qualifications Statement 1. Statutory Requirements 1.1 See attached Certificate of Registration 1.2 UBI: 602 310 080 1.3 Industrial insurance Coverage: L&I Account# 163,857-00 Employment Security: 235129-00 0 State Excise Tax Registration: 602310080 1.4 I, B. Todd Vasey, president of Award Construction, Inc.,hereby certify that Award Construction, Inc. 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). For: Award Construction,I c. Title: President Date: July 29, 2014 2. Organization 2.1 Years in business: Eleven 2.2 Years under present name: Eleven 2.2.1 Organization has not operated under any other names 2.3 Organization is a corporation 2.3.1 Date of incorporation: 7/10/2003 2.3.2 State of incorporation: Washington 2.3.3 President: B. Todd Vasey 2.3.4 Vice-President: NIA 2.3.5 Secretary: Patty Vasey 2.3.6 Treasurer: Patty Vasey 2.4 Not Applicable 2.5 Not Applicable 2.6 Not Applicable 3. Licensing 3.1 Jurisdictions and trade categories: State of Washington— General Contractor AWARDCI970M9 3.2 Jurisdictions in which partnership or trade name is filed: State of Washington 4. Experience 4.1 Categories of work self-performed: Earthwork, site work, mechanical, concrete, equipment installation, carpentry 4.2 Claims and Suits 4.21 Award Construction,Inc has never failed to complete any work awarded to it 4.2.2 There are no judgments or claims pending against Award Construction or its officers. 4.2.3 No, Award Construction has not filed any law suits or requested arbitration within the last five years 4.3 No officer or principal of Award Construction, Inc has been an officer or principal to another organization when it failed to complete a construction contract 4.4 Work in Progress j Project Name Owner Architect/Engineer Contract % Scheduled Amount Complete Completion Headworks Replacement Birch Bay Water& CIIS Engineers $1.9 mill 90% 10/1/14 Sewer District NW Dogwood St City of Issaquah Perteet $70Q000 40% lolls/l4 Im rovements 2014 Signal&Pedestrian Snohomish County Snohomish County $1.1 mill 25% 12/11/14 Improvements Post Point WWTP Chlorinator City of Bellingham CH2M Hill $350,000 95% 9/23/14 Replacement Effluent Pump Station City of Everson BHC Consultants $220,000 0% 12/1/14 Rehabilitation PS-10 Rehabilitation/PS-5 & City of life Tetra Tech $2.1 mill 0% 8/1/15 PS-6 Wet Well Coating 4.4.1 Work in Progress: $3.77 mill Work Under Contract: $6.37 mill 4.5 Major Projects Complete in Last Five Years Project Name Owner Architect/ Contract % by Own Completed Engineer Amount Forces 2nd St&Lincoln Ave City of Snohomish WTI Pacific $728,140 30% 2014 Traffic Signal 2013 Overlay Curb City of Mill Creek Perteet $681,977 55°% 2013 Ramp Upgrades and Village Green Drive Sidewalk and Wall Replacement Renton Ave S King County King County $418,924 50°% 2013 Pedestrian Improvements WTP Improvements City ofRaymond CFI2M Hill $1,302,522 45°% 2014 Arbor Heights Fire City of Seattle City of Seattle $1,093,633 80% 2013 Flow Improvements NE 8th St/233rd Ave City of Samrnamish City of Sammamish $575,152 50°l0 2012 NE Intersection Improvements Well Field City of McCleary Gray & Osborne $1,282,885 67% 2013 Improvements Forest Green Water City of Puyallup Parametrix $592,633 80% 2012 Main Replacement Phase 1 South Ship Canal City of Seattle David Evans & $496,346 80% 2011 I i Private Water Line Associates Relocation 19th & Pioneer Lift City of Puyallup Gray &Osbome $1,621,884 7-( 2011 Station Improvements Inspiration Point City of Bellingham Reichardt &Ebe $740,782 65% 20ll Engineering, Inc. Warren Ave Canal City of Seattle City of Seattle $407,000 50% 2009 Crossing 1 1 4.5.1 Average annual amount of construction work performed during past five years: $4,000,000 I 4.6 Experience and Commitments of Key Individuals See attached resume for Eric Edmondson, Superintendent Present commitment: Snohomish County Signal & Pedestrian Improvements, $1.1 Mill 4.7 Major Equipment: Cat Excavator 308CR, owned Cat Excavator 315, owned Cat Excavator 312, owned Cat Skidsteer 248B, owned Cat Skidsteer 216B, owned Cat Backhoe 420D, owned 3 Pickup Trucks, owned 84 GVW Dump Truck, owned 40,000 lb Trailer, owned 5. References 5.1 Trade References: Business Address Phone Hardware Sales 2034 James St (360) 734-6140 Bellingham, WA 98225 Volvo Rents 1350 Slater Rd (360) 383-0238 Ferndale, WA 98248 HD Fowler 2165 Midway Lane (360} 734-8400 Bellingham, WA 98226 United Rentals 2045 E Bakeiview Rd (360) 647 7800 Bellingham, WA 98226 NC Machinery PO Box 58201 (425) 251-9800 Tukwila, WA 98201 I i li i 5.2 Bank Reference: Sterling Savings Bank—Lynden Branch 1794 Front Street Lynden, WA 98264 Lynda Erickson ph(360) 671-0571 fax (360)734-1691 Acet. # 9878097543 5.3 Surety: 5.3.1 Name of Bonding Company: Western Surety 999 Third Ave Ste 2500 Seattle, WA 98104 (800) 232-2110 j Bond# 6184006 5.3.2 Name and address of agent: Propel Insurance Eric Zimmerman 1201 Pacific Avenue, Suite 1000 Tacoma, WA 98402 6. Financing To be provided upon request I i I i i i 9/4/2014 AWARD CONSTRUCTION INC Qlwl 1 STATE OF WASNINGTON Department of Labor & Industries Certificate of Workers' Compensation Coverage September 4, 2014 WA UBI No. 602 310 080 L&I Account ID 163,857-00 Legal Business Name AWARD CONSTRUCTION INC Doing Business As AWARD CONSTRUCTION INC Workers'Comp Premium Status: Account is current. Estimated Workers Reported Quarter 2 of Year 2014 '7 to 10 Workers" (See Description Below) Account Representative TO/ DALE MCMASTER (360)902-5617 - Email: MCMS235@lni.wa.gov Licensed Contractor? Yes License No. AWARDC1970M9 License Expiration 07/29/2015 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51 .12.050 and 51 .16.1 90). I httr)s:Hsecure.Ini.wa.gov/verify/Details/ilabilityCertificate.aspx?UBI=60231008O&LIC=AWARDC197OM9&SAW=&ACCT=16385700 111 ERIC EDMONDSON EMPLOYMENT HISTORY 2007-Current Award Construction, Inc. 2004-2006 Self Employed—Home remodeling 1995-2003 Land Design Co. CERTIFICATIONS • Certified Erosion Control (CESCL)# ECO-3-3171026 Expires 3/17/2013 • Confined Space • Trench Safety • CPR EXPERIENCE Superintendent—Award Construction, Inc. Superintendent for projects consisting of water treatment plants, pump stations, water tanks, and infrastructure improvements, including large and small diameter water transmission lines and roads. All Eric's projects have had safe work record with no recordable or time loss accidents. These have been public work projects ranging from $39,000 to$750,000. Responsibilities include: • Procuring and establishing delivery of items incorporated in work • Selects crews as necessary for efficient and cohesive team • CPM scheduling of crews, subcontractors and materials • Leading safety meetings and directing work • Quality Assurance • Assures compliance with and conformance to contract documents Completed projects include: • 2nd St& Lincoln Ave Traffic Signal $700,000 • Renton Ave S Pedestrian Improvements $400,000 • Arbor Heights Fire Flow Improvements Schedule A$525,000 • NE 8th St and 233rd Ave NE Intersection Improvements$500,000 • EB 1-90 Mercer Island LID Drainage Repair$292,000 • Crest Reservoir, Treatment Booster PS Off Site Water Main, $715,000 • 2nd and Ave A Signal Project $54,890 • Supply Station Improvements $102,655 • Water Treatment Facility Upgrades$375,000 • Backwash Pump Installation $39,000 • NE 1715t St Slope Stabilization $190,000 • Wilder Elementary School Sewer Extension $285,000 • Cedarhome Elevated Tank$270,000 • Standby Generator, Night Lighting Vault, and Security Gate System Upgrades at Friday Harbor Airport$726,050 • 2010 Windermere Basin CSO Retrofit $500,000 Current projects include: • Signal & Pedestrian Improvements$1.1 mill Foreman—Award Construction, Inc. Completed projects include: • 191h and Pioneer Lift Station $1,800,000 • Casino Tank-Site Work$4,000,000 • Western Washington University Academic Instructional Center-Site Work$686,000 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 sixty (60) 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. Receipt of Addendum No.'s I _, 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; 9/9/14 Award Construction, Inc. NAME OFF BIDDER BY; Signature B. Todd Vasey, President (Print Name and Title) 980 Willeys Lake Rd Address Ferndale, WA 98248 I GR Trail Wall Retrofit/Madfa i 18 August 20, 2014 Project Number: 09-3005.7 BID BOND FORM KNOW ALL MEN BY THESE PRESENTS: That we, Award Construction Inc. as Principal, and western Surety Company as Surety, are held and firmly bound unto the CITY OF KENT, as Obligee, in the penal sum of Five Percent(5%)ofBidAmount 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 Green River Trail Wall Retrofit at Central Ave. Bridge/Project Number: 09-3005.7 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 THIS 9th DAY OF Se tember 2014 capls7ru_ff',1 Award Consllu t' n I c. 4�a �.49R,� �'✓ � _I o PRINCIPAL 16.1 U •f:q ti zo03 = Western Surety Company `.1 ss=- SURETY Karen Swanson, Attorney-in-Fact Received return of deposit in the sum of $ GR Trail Wall Retrotit/Madfai 19 August 20,2014 Project Number: 09-3005.7 Westerncaret Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT i Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Kellie Hogan, Peter J Comfort, Karen Swanson, Barbara A Johnson, Peggy A firth, Brent E Heilesen, Anne E Strictly, Eric A Zimmerman, Kristine Lawrence, James B Binder, Jennifer L Snyder, Julie R 'Pruitt, Phylis C Robison, Sandra Kulseth, Christopher Kinyon, Jamie IDiemer, Carley Espiritu,Individually of Tacoma,WA,its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, I undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly nuthorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seat to be hereto affixed on this 301h day of July,2013. yia%ry p3 WESTERN SURETY COMPANY ��pPDAgf e? 7e�a.......OM1Noa e" d-1 aul T.Bxuflat,Vice President State of South Dakota l JCounty of Minnehaha ss On this 30th day of July,2013,before me personally came Paul T.Bmtlat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Palls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY desci ibed fir and which executed the above instrument;that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation, My commission expires e""4MMY1h4f°"4144q"""""" J.A1013A r ^ NOTARY PUBLIC June 23,201$ S SEAI SEAL ' -- a SOUTH DAKOTA ✓)y�{//�� i�+.,a,,,w.w.av�,x*,�,xxnxwa•,n•✓,kf � / / �„�,,.� !— 7,Mohr,Notary Public CERTIFICATE - I, L.Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hcesinabove set forth is still in force,and further certify that the By-Isw of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed .-..7-a r` ( my name and affixed the seal of the said corporation this _day of�_�l - ? 6 _�P` G A+SifAEy'tiy a.�eo - ro33 WESTERN SURETY COMPANY 2;i 3 Y_ 3so�TH0R1t°4P` �'4runrmnw•o 1 L.Nelson,Assistant Secretary Pon.F4280-7-2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the shareholders of the Company. Section 7, All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. i i I III I i 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. Green River Trail Wall Retrofit at Central Ave. Bridge Project Number: 08-3005.7 NAME OF PROJECT AME OF BIDDER'S FIRM SIGNATURE OF A THO IZED REPRESENTATIVE OF BIDDER GR Trail Wall Retrofit/Madfai 20 August 20, 2014 Project Number: 09-3005.7 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 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 t for this Change Order -0- Working days Revised Time for Completion Working days GR Trail Wall Retrofit/Madfal 21 August 20, 2014 Project Number: 09-3005.7 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: GR Trail Wall Retrofit/Madfal 22 August 20, 2014 Project Number: 09-3005.7 BIDDER'S CHECKLIST" The following checklist is a guideline to help the Contractor make sure all forms are complete. The bidder's attention is especially called to the following forms. Failure to execute these forms as required may result in rejection of any bid. Bidder's Package should include the following: Bid Document Cover Sheet filled out with Bidder's Name ....................8 Order of Contents.................................................................................or Invitation to Bid...................................................................................la Contractor Compliance Statement........................................................15, Date........................ ...................................................................(& Have/have not participated acknowledgment.............................*bi Signatureand address ................................................................f�c Declaration - City of Kent Equal Employment Opportunity Policy ........a Date and signature .....................................................................L Administrative Policy...........................................................................� Proposal............................................................................................... First line of proposal - filled in ...................................................ci Unitprices are correct ................................................................Ck Minimum bid prices are correct................................................... Subcontractor List (contracts over $100K) ..........................................[ Subcontractors listed properly....................................................1$ Signature ....................................................................................15 Subcontractor List contracts over 1 million .................C4(J Subcontractors listed properly....................................................RIP Date and signature ..................................................................... Contractor's Qualification Statement ...................................................k Complete and notarized .............................................................. Proposal Signature Page......................................................................� AllAddenda acknowledged .........................................................Fri Date, signature and address .......................................................Ge BidBond Form .....................................................................................IIk Signature, sealed and dated .......................................................5k" Powerof Attorney.......................................................................t5l� (Amount of bid bond shall equal 50/o of the total bid amount) Combined Declaration Form.................................................................I$$ Signature .................................................................................... ChangeOrder Form..............................................................................0 Bidder's Checklist ................................................................................L9� The following forms are to be executed after the Contract is awarded: A) CONTRACT This agreement is to be executed by the successful bidder. B) PAYMENT AND PERFORMANCE BOND To be executed by the successful bidder and its surety company. The following form is to be executed after the Contract is completed: A) CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT To be executed by the successful bidder AFTER COMPLETION of this contract. GR Trail Wail Retrofit/Madfai 23 August 20, 2014 Project Number: 09-3005.7 PAYMENT AND PERFORMANCE BOND KE T TO CITY OF KENT Bond#9295 793 18 14 s.9 ntNOY '. KNOW ALL MEN BY THESE PRESENTS; That we, the undersigned, Award Construction,Inc. as Principal, and Western Surety Company 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 $ 222 522.12 , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of Green River Trail Wall Retrofit at Central Ave. Bridge/Project Number: 09-3005.7 (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 j ' 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. I GR Trail VJeII RetrofiVMadtai 24 August 20, 2014 Project Number: 09-3005.7 TWO WITNESSES: R1e(y) r -r7 ' JIG s Y — PRINCIPAL (enter nncipaks!>ta ", bove) TITLE: DATE: ,5 Llmr 10 IM DATE: � tq ugl CORPORATE SEAL: pl��onIs � 7,, try, .- P C�f2fiD.n (f, PRINT NAME y °off .T00 DATE: September 18,2014 Western Surety Company SURETY CORPORATE SEAL: BY: Peggy A.Vnruv DATE: September 18,2014 TITLE; Attorney-in-Fact ADDRESS; 999 Third Avenue,Suite 2500 Seattle,WA 98104 ' CERTIFICATE AS TO CORPORATE SEAL 1 hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Prin ' I of the said Corporation; that I know his signature thereto 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. An SECRETARY OR SSISTANT SECRETARY GR Trail Wall RetrofiUMadfai 25 August 20, 2014 Project Number; 09-30053 Western ur any POWER OF ATTORNEY APPOINTING INDIVIDUAL.ATTORtN'EY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby- make,constitute and appoint Nellie Hogan, Peter J Comfort, Karen Swanson, Barbara A Johnson, Peggy A Firth, Brent E Heilesen, Anne E Strictly, Eric A Zimmerman, Kristine Lawrence, James B Binder, Jennifer L Snyder, Julie R Truitt, Phylis C Robison, Sandra Kulseth, Christopher Kinyon, Jamie Diemer, Carley Espiritu,Individually of Tacoma,-WA,its true and lawful Attorncy(s)-in-Factwith full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority herehy given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 301h day of July,2013. m°uRE"r"r. WESTERN SURETY COMPANY 'A'4op4oRq o� s j8z ''�4Tli�GAo 6" aul T.Bruflat,Vice President State of South Dakota 1. _ J ss County of Minnehaha On this 30th day of July,2013,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say; that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires *a d,MOHR f June 23,2015 t t NOTARY PUBLIC sEaa X," jSEA SOUTH DAKOTA 33}{ y/////,,, ♦j {ca•+F444s,ryh44,4i,MF444h0.Nh4# M A/��/ ttVYY���' J,Mohr,Notary Pubhe CERTIFICATE 1, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse�Ocof is stil in fore . fit testimony whereof I have hereunto subscriber) } my name and affixed the seal of the said corporation this { �� �� n?fs`a.'acryco4 WESTERN SURETY COMPANY aQ oq.46Agf'a3a� �r4 �I23"�.�rN tiPµ9 yPI I vw Form F4280-7-2012 L Nelson,Assistant Secretary i i Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President,any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies,or undertakings in the name of the Company. The corporate seat is not necessary for the validity of any bonds,policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile, i I it i I I CONTRACT THIS AGREEMENT, made in duplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and for Ca�SIVJ---- ���, organized under the laws of the State of LJc, t^. located and doing business at _`7SD LJ, It "JI Q� ("Contractor"). �yp� WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1 . The Contractor shall do all work and furnish all tools, materials, and equipment for: Green River Trail Wall Retrofit at Central Ave. Bridge/Project Number: 09- 3005.7 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 sixty (60) 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 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. GR Trail Wall RetrofrtlMadfai 26 August 20, 2014 Project Number: 09-3005.7 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 competentjurisdiction 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. I GR Trail Wall Retrofit/Madfai 27 August 20, 2014 Project Number: 09-3005.7 I CITY OF KENT___. BY: S J,Z-F ` E;C"?OKE, MAYOR DATE,: .,.. ATTEST: ,-- 41 RONALD F. OOW CITY CL RK i APPROVED AS TVFORM i KENT LAW DEPARTMENT F CONTRACTOR BY: PRINT NAME: TITLE:T1�� ;5 4 DATE: I11-I i GR Trail Wall Retrofit/Madfai 28 August 20, 2014 Project Number: 09-3005.7 EXHIBIT A INSURANCE REQU I REMENTS 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 11 85 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 $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. GR Trail Wall Retrofit/Madfai 29 August 20, 2014 Project Number: 09-3005.7 EXH 1 B i T 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 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 Insurance 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. 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. I F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. GR Trail Wall RetrofitfMadfai 30 August 20, 2014 Project Number: 09-3005.7 EXHIBIT A 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. H. 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 GR Trail Wall Retrofit/Madfai 31 August 20, 2014 Project Number: 09-3005.7 Client#: 107456 AWARCONS ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 9/191209/2014 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 Christine Maden NAME: Propel Insurance PHONE 800 499-0933 866.577.1326 AIC IL Eat): AIC,No: Tacoma Commercial Insurance E-MAIL ADDRESS: CLM@propelinsurance.com P 1201 Pacific Ave, Suite 1000 Tacoma,WA 98402 INSURER(S)AFFORDING COVERAGE NAIC tl INSURER A:Alaska National Insurance Compa 38733 INSURED INSURER B: Award Construction,Inc. INSURER D 980 Willey's Lake Road Ferndale,WA 98248 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. INS TYPE OF A50LrSUBr POLICY EFF POLICYEXP LIMITS _ INS D POLICYNU BER MMID014YYY MM OD A GENERAL LIABILITY X X 13KPS31967 11/0512013 11/05/201 EACHOCCURRENCE $1000000 Ix COMMERCIAL GENERAL LIABILITY DAMES )000 PREMISES tta_ocairmmsl $101 , _ CLAIMS-MADE ❑X OCCUR MED EXP(Any one person)__ $5,000 PDDed: $5,000 PERSONAL&ADV INJURY $1,000000 GENERALAGGREGATE $2 000,000 GENT.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $2,000,000 '.. POLICY X PECT RCa LOC A AUTOMOBILE LIABILITY X X 13KAS31967 11/05/2013 11105/2014 EeMBINEDISINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per ecddeni) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per acddent $ A X UMBRELLA LIAB X OCCUR X 13KLU31967 11/0512013 11/05/201 EACH OCCURRENCE s3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3000,000 DED I X RETENTION$1D 000 $ WORKERS COMPENSATION WA Stop Gap _ WT S iAITTU- OTLF AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNEWEXECUTIVEn 13KPS31967 / 11105/2013 11/05/2014 E.L. ACH ACCIDENT S1000000 1_ OFFICERIMEMBER EXCLUDED? 1 NIA — (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 Ifyes,describe under DESCRIPTION OF OPERATIONS haloes E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Mach ACORD 101,Additional Remarks Schedule,if more space Is required) III RE: Project#09.3005.71 Green River Trail Wall Retrofit at Central Ave Bridge. The City of Kent is additional insured per the attached endorsement. _ CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 4th Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032-5859 AUTHORIZED REPRESENTATIVE i 91988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 oil The ACORD name and logo are registered marks of ACORD #S1510672/M1273844 KTROO Alaska National INSURANCE COMPANY ADDITIONAL INSURED (CONTRACTORS) " AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1, Who is An Insured (Section II) Is amended to ii. supervisory, inspection, or engineering Include as an Insured any person or organization services. (herein referred to as an additional insured), but only if you are required to add that person or c. The insurance provided to the additional organization as an insured to this policy by a insured, referred to in paragraph 1. of this written contract that is in effect prior to the"bodily endorsement,does not cover"bodily Injury"or Injury", "property damage", or "personal and "property damage" caused by your negligent advertising Injury". acts and omissions in the performance of "your work" that occurs within the "products- 2. The insurance provided to the additional Insured completed operations hazard," unless the Is limited as follows: written contract, referred to In paragraph 1.of this endorsement, contains a specific a, That person or organization Is only an requirement that you procure completed additional insured If, and only to the extent operations coverage or coverage within the that, the injury or damage is caused by "products-completed operations hazard" for negligent acts or omissions of you or your the additional insured. However, even if subcontractor in the performance of "your coverage within the "products-completed work" to which the written contract applies operations hazard" is required by the written The person or organization does not qualify contract, such coverage is available to the as an additional Insured with respect to Injury additional Insured only if the"bodily Injury"or or damage caused in whole or In part by "property damage"occurs prior to the end of independent negligent acts or omissions of the time period during which you are required such person or organization_ by the written contract to provide such coverage or the expiration date of the policy, b. The insurance provided to the additional whichever comes first, insured does not apply to "bodily Injury', property damage", or "personal and 3. If other valid and collectible Insurance,whether on advertising injury"arising out of an architect's, a primary, excess, contingent or any other basis, engineer's, or surveyor's rendering of or is available to the additional Insured for a loss we failure to render any professional services cover under this endorsement, then the Insurance including: provided by this endorsement Is excess over that other insurance. However,the insurance provided I. the preparing, approving, or failing to by this endorsement will be primary to other prepare or approve maps, drawings, insurance on which the additional Insured is a opinions,reports,surveys,change orders, named insured for the covered loss, if the written design or specifications;and contract, referred to in paragraph I. of this ANIC GL 1061 03 08 Page 1 of 2 i i Alaska National INSURANCE COMPANY endorsement, contains a specific requirement that this Insurance be primary or primary and non- contributory. In that case we will not share with that other insurance on a pro-rate or other basis. If the other insurance available to the additional insured, whether on a primary,excess, contingent or any other basis, is coverage for which it has been named as an additional insured, then the coverage provided by this endorsement is excess over that other insurance. j I I This endorsement changes the policy to which It is attached and, unless otherwise stated, is effective on the date issued at 12t01 A.M.standard time at your mailing address shown in the policy. The Information below Is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. 13KPS31967 i Insured Award Construction, Inc. Endorsement No. Countersigned By Propel Insurance ' AN IC GL 1061 03 08 Page 2 of 2 I ArAlaskaNational INSURANCE COMPANY BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART We waive any right of recovery we may have against The waiver applies only to the person or organixatlon any person or organization as required in a written required by the written contract and then only if the contract because of payments we make for injury or contract requires you to obtain this agreement from damage arising out of "your work" done under the us. written contract. This endorsement changes the policy to which It is attached and, unless otherwise stated, Is effective on the date issued at 12:01 A.M, standard time at your mailing address shown in the policy. The Information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective 11/05/2013 Policy No.13KPS31967 Insured Award Construction, Inc. Endorsement No. i Countersigned By Propel Insurance i ANIC GL 702 04 12 .. .......... .. _ _..... . __ .....__ . Alaska National ' INSURANCE COMPANY DESIGNATED CONSTRUCTION PROJECTS) GENERAL AGGREGATE LIMIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s); All Projects Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I — Coverage C, which can be for that designated construction project. Such attributed only to ongoing operatlons at a single payments shall not reduce the General designated construction project shown In the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A,except General Aggregate Limit shown in the damages because of "bodily Injury" or Declarations, such limits will be subject to the "property damage" included In the "products- applicable Designated Construction Project completed operations hazard", and for medical General Aggregate Limit, expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or C. Persons or organizations making claims or bringing "suits". it I nn nc n� no nn PAnP i of 9 � F Alaska National v - INSURANCE COMPANY B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is "occurrences" under Section 1 —Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury" or"property damage"Included in the under Section I — Coverage C, which cannot be "products-completed operations hazard" will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned and under the General Aggregate Limit or the then restarted, or if the authorized contracting Products-completed Operations Aggregate parties deviate from plans, blueprints, designs, Limit, whichever is applicable; and specifications or timetables, the project will still be 2. Such payments shall not reduce any deemed to be the same construction project. Designated Construction Project General E. The provisions of Section III— Limits Of Insurance Aggregate Limit. not otherwise modified by this endorsement shall continue to apply as stipulated. it This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date Issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement Is issued subsequent to commencement of the policy. Endorsement Effective 11/05/2013 Policy No. 13KPS31967 Insured Award Constn,ction,Inc. Endorsement No, 21 I Countersigned By Propel nsurance O Insurance Services Office, Inc., 2008 Alaska National INSURANCE COMPANY 13KAS31967 BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict SECTION IV — Business Auto Conditions, coverage. Read the entire policy carefully to Paragraph A. 5. — Transfer of Rights of Recovery determine rights, duties, and what is and is not Against Others To Us is amended to include: covered. 5. Transfer of Rights of Recovery Against Throughout this policy, the words "you" and "your" Others to Us refer to the Named Insured shown in the Declarations. The words "we", "us", and "our" refer to This condition does not apply to any the company providing this insurance. person(s) or organization(s) to the extent that subrogation against that person or Other words and phrases that appear in quotation organization is waived prior to the "accident" marks have special meaning. Refer to SECTION V— or the"loss" under a contract with that person DEFINITIONS in the Business Auto Coverage Form. or organization. The coverages provided by this endorsement apply SECTION II — LIABILITY COVERAGE, Paragraph per "accident" and, unless otherwise specified, are A.2.a. (2)—Supplementary Payments is replaced by subject to all of the terms, conditions, exclusions and the following: deductible provisions of the policy, to which it is attached. (2) Up to $10,000 for cost of bail bonds (including bonds for related traffic law SECTION If — LIABILITY COVERAGE, Paragraph violations) required because of an A.1. Who Is An Insured is amended to include: "accident" we cover. We do not have to furnish these bonds. d. Any "employee" of yours while operating an "auto" hired or rented under a SECTION II — LIABILITY COVERAGE, Paragraph contract or agreement in that A.2.a. (4)—Supplementary Payments is replaced by "employee's" name,with your permission, the following: while performing duties related to the conduct of your business. (4) All reasonable expenses incurred by the "insured" at our request, including e. Any person or organization for whom you actual loss of earnings up to $500 a have agreed in writing to provide day because of time off from work. insurance such as is afforded by this Coverage Form, but only with respect to liability arising out of the ownership, maintenance or use of"autos"covered by this policy. If such person or organization has other insurance then this insurance is primary to and we will not seek contribution from the other insurance. I � i Pa e 1 of 4 ANIC CA 1150 02 13 9 Alaska National INSURANCE COMPANY SECTION II — LIABILITY COVERAGE, Paragraph c. "Loss" caused by falling objects or A.2.c. — Voluntary Property Damage is added as missiles. follows: However, you have the option of having glass c. Voluntary Property Damage breakage caused by a covered "auto's" collision or overturn considered a "loss" under At your written request, we may make a Collision Coverage. voluntary payment for Property Damage caused by an "insured", but without Glass Repair—Waiver of Deductible liability to a third party, up to$25,000. We will not make a Voluntary Property No deductible applies to glass breakage, if Damage payment to anyone who is an the glass is repaired rather than replaced. "insured" under this policy. SECTION III — PHYSICAL DAMAGE COVERAGE, SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph AA.a. — Transportation Expenses is Paragraph A.2. —Towing is replaced by the following: replaced by the following: Towing a. Transportation Expenses We will pay up to $500 for towing and labor We will pay up to $200 per day to a costs incurred each time a covered "auto" maximum of $1,500 for temporary that is a: transportation expense incurred by you because of the total theft of a covered a. Private passenger; "auto"that is a: b. Truck; (1) Private passenger; c. Pick-up truck; (2) Truck; d. Panel ;or (3) Pick-up truck; e. Van (4) Panel; or type vehicle under 20,000 lbs. of Gross (5) Van Vehicle Weight is disabled. However, the labor must be performed at place of disablement. type vehicle under 20,000 lbs. of Gross Vehicle Weight. We will pay only for SECTION III — PHYSICAL DAMAGE COVERAGE, those covered "autos" for which you carry Paragraph A.3. — Glass Breakage — Hitting a Bird either Comprehensive or Specified or Animal — Falling Objects or Missiles is replaced for temporary Causes Loss Coverage. We will pay by the following: transportation expenses I incurred during the period beginning 48 Glass Breakage—Hitting a Bird or Animal hours after the theft and ending, —Falling Objects or Missiles regardless of the policy's expiration, when the covered "auto" is returned to If you carry Comprehensive Coverage for the use or we pay for its"loss". damaged covered "auto", we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. "Loss" caused by hitting a bird or animal; and ANIC CA 1150 02 13 Page 2 of 4 Alaska National INSURANCE COMPANY SECTION III — PHYSICAL DAMAGE COVERAGE, (2) Specified Causes of Loss only if the Paragraph AA.b. — Loss of Use Expenses is Declarations indicate that Specified replaced by the following: Causes of Loss Coverage is provided for the "auto"withdrawn from service; b. Loss of Use Expenses—Hired, Rented, or or Borrowed Automobiles (3) Collision only if the Declarations indicate that Collision Coverage is We will pay expenses for which an provided for the "auto' withdrawn "insured" becomes legally responsible to from service, pay for loss of use of a vehicle hired, rented or borrowed without a driver under SECTION III — PHYSICAL DAMAGE COVERAGE, a written rental contract or agreement. Paragraph AAA. — Airbag Coverage is added as We will pay for loss of use expenses, if follows: caused by: d. Airbag Coverage (1) Other than Collision, only if the Declarations indicate that We will pay for the cost to repair, replace, Comprehensive Coverage is provided or reset an airbag that inflates for any for the vehicle withdrawn from reason other than as a result of a service. collision, if the Declarations indicate that the covered "auto' has Comprehensive (2) Specified Causes of Loss only if the Coverage or Specified Causes of Loss Declarations indicate that Specified Coverage. Causes of Loss Coverage is provided for the vehicle withdrawn from SECTION III — PHYSICAL DAMAGE COVERAGE, service. Paragraph A.4.e. — Rental Reimbursement Coverage is added as follows: (3) Collision only if the Declarations indicate that Collision Coverage is e. Rental Reimbursement Coverage provided for the vehicle withdrawn from service. We will pay up to $75 per day for rental reimbursement expenses incurred by you However, the most we will pay for any for the rental of an "auto' because of expenses for loss of use is $200 per day,to a 'loss"to a covered "auto'that is a: maximum of$1,500, SECTION III — PHYSICAL DAMAGE COVERAGE, (1) Private Passenger; Paragraph A.4.c.—Non-Transportation Loss of Use (2) Truck; Expenses is added as follows: (3) Pick-up truck; G. Non-Transportation Loss of Use Expenses (4) Panel; or We will pay up to $2,000 for non- (5) Van transportation expense incurred by you, because of 'loss" to a covered "auto", if type vehicle under 20,000 lbs. of Gross caused by: Vehicle Weight. Payment applies in addition to the otherwise applicable (1) Other than Collision, only if the amount of each coverage you have on a Declarations indicate that covered "auto". No deductibles apply to Comprehensive Coverage is provided this coverage. for the"auto"withdrawn from service; ANIC CA 1150 02 13 Page 3 of 4 Alaska National INSURANCE COMPANY (1) We will pay only for those expenses SECTION IV — BUSINESS AUTO CONDITIONS — incurred during the policy period Paragraph B.5.b. — Other Insurance is replaced by beginning 24 hours after the "loss" the following: and ending, regardless of the policy's expiration, with the lesser of the b. For Hired Auto Physical Damage following number of days: Coverage, the following are deemed to be covered"autos"you own: (a) The number of days reasonably required to repair or replace the (1) Any covered "auto" you lease, hire, covered "auto", rent, or borrow; and (b) 30 days. (2) Any covered "auto"" hired or rented by your "employee" under a contract (2) This coverage does not apply while in that individual "employee's" name, there are spare or reserve "autos" with your permission, while available to you for your operations, performing duties related to the conduct of your business. (3) The Rental Reimbursement Coverage described above does not However, any"auto" that is leased, hired, apply to a covered "auto" that is rented or borrowed with a driver is not a described or designated as a covered covered "auto". "auto" on Rental Reimbursement Coverage Form CA 99 23, SECTION V — DEFINITIONS — Paragraph C. — SECTION IV — BUSINESS AUTO CONDITIONS — "Bodily injury" is replaced by the following: Paragraph B.2. — Concealment, Misrepresentation Or Fraud is amended by adding Unintentional Failure C. "Bodily injury" means bodily injury, sickness or to Disclose Hazards at the end of Paragraph B.2. as disease sustained by a person including death or follows: mental anguish resulting from any of these. Mental anguish means any type of mental or Unintentional Failure to Disclose Hazards emotional illness or disease If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. i I This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. i Endorsement Effective 11106/2013 Policy No.13KAS31967 Insured Award construction,Inc, Endorsement No. 2 Countersigned By Propel Insurance ©Insurance Services Office, Inc., 2009 ANIC CA 1150 02 13 Page 4 of 4 LAlaska Natidnal INSURANCE COMPANY Renewal of12KLU31967 COMMERCIAL LIABILITY UMBRELLA INSURANCE POLICY 13K LU 31967 Named Insured: Producer: Award Construction,Inc. Propel Insurance 980 Willays Lake Road P.Q.Box 2940 Ferndale,WA 98248 Tacoma,WA 98401-2940 The Insured is a corporation, Policy Period: From 11/05113 to 11105/14 at 12:01 A.M.standard time at your mailing address shown above. i Limit and Premium: r � E Umlt OflnsCCdnce , : j Each Occurrence Limit(Liability Coverage): $3,000,000 Personal&Advertising injury Limit: $3,000,000 Anyone person or organization Aggregate Limit(Liability Coverage)(except with respect to"covered autos"): $3,000,000 Self-insured retention: $10,000 each occurrence or offense not covered by underlying insurance. Premium Premium is non-adjustable. Rate is flat. Terrorlsm Rlsk Insurance Program Reauthorization Act 0 of 2007 i it If the Named Insured cancels this policy, we shall retain no less than $8.686 premium. I ti Irnuin Prem um:: F dvance Premium I Forms applicable to this policy: See ANIC IL 940 11 10, Table of Contents III Countersigned by vU6L �aU6c 'Authorized Representative)} ANIC CU 101411 04 Insured Copy Commercial Liability Umbrella Insurance Declarations Page 1 of 2 Alaska atio t INSURANCE COMPANY Schedule of Underlying Insurance Employers Llab(jlty insure : Polka Number :Policyy,p6riod Li pits oP InsOrance Bodily injury by accident- each accident ;S 1,000,000 Alaska National Bodily injury by disease- Insurance Company 13KPS31967 11105/13 -11105/14 policy limit 1,000,000 Bodily injury by disease- each employee 1,000,000 Atk�o l`.iabiitty'" .; i .'Pa{ic u o . .. .. . Insurer' yN_mbar of by Penod' Limlis,of..insurarfoe,' Alaska National Insurance Company 13KAS31967 11/05/13-11/06/14 Each accident S 1,000,000 17 5 General Liabikt}i, i a . A J -�; Inaurar?, -,,Policy Number PpU.,cy PerEod, ,. ImiEs oflgsuranccl General aggregate $ 2,000,000 Alaska National Products/completed Insurance Company 13K PS 31967 11106/13 -11/05114 operations aggregate 2,000,000 Each occurrence 1,000,000 Personal and advertising injury 1,000,000 i i Employee Ben fits Liability n, firer: ', Pnlic'Number - Patloy Period . > _, LImits of lnsuranco General aggregate $ 2,000,000 Alaska National Insurance Company 13K PS 31967 11105/13 -11/05114 Each occurrence 1,000,000 i I ANIC CU 101411 04 Insured Copy Commercial Liability Umbrella Insurance Declarations Page 2 of 2 I i i eAlaska INSURANCE COMPANY TABLE OF CONTENTS i I Form Title Form E dor ant; Number•. Number4 Commercial Liability Umbrella Insurance Declarations ANIC CU 101411 04 Table of Contents ANIC IL 940 11 10 Commercial Liability Umbrella Coverage Form CU 00 01 0413 Coverage Amendment Endorsement ANIC CU 1000 02 05 1 Washington Changes CU 0121 09 00 2 Washington Changes-Employment-Related Practices Exclusion CU 01 2412 01 3 Employee Benefits Liability Coverage CU 0403 12 07 4 I Asbestos Exclusion ANIC CU 1007 0107 5 Multi-Unit and Tract Housing Residential Exclusion ANIC CU 102109 06 6 Washington Condominium Act-Exclusion of Declarant Liability ANIC CU 1033 0106 7 Exdluslon-Desighated Operations Covered by a Consolidated(Wrap. Up)Insurance Program CU 2117 09 00 a Cap on Losses from Certified Acts of Terrorism CU 21 30 0108 9 Exclusion-Exterior insulation and Finish Systems CU 21 4212 04 10 Silica or Slllca-Related Dust Exclusion CU 21 50 03 05 11 Washington Auto Exclusion of Terrorism Coverage CU 21 6312 06 12 Washington-Fungi or Bacteria Exclusion CU 26 7712 04 13 Washington Changes-Defense Cost IL 01 2311 13 14 Washington Common Policy Conditions iL 0146 0810 15 Nuclear Energy Liability Exclusion Endorsement(Broad Form) IL 0198 09 08 16 Disclosure Pursuant To Terrorism Risk Insurance Act IL 09 85 0108 17 Consumer Privacy Statement PN 184 07 01 i i I i i i i i I i l Insured Co ANIC IL 940 11 10 py Page 1 of 1 AV Alaska National INSURANCE COMPANY COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read No other obligation or liability to pay sums or the entire policy carefully to determine rights, duties perform acts or services is covered unless and what is and is not covered. explicitly provided for under Supplementary Throughout this policy the words"you"and "your" refer Payments—Coverages A and B. to the Named Insured shown in the Declarations, and b. This insurance applies to "bodily injury" or any other person or organization qualifying as a "property damage" that is subject to an Named Insured under this policy.The words"we", "us" applicable"retained limit". If any other limit, such and "our" refer to the company providing this as a sublimit, is specified in the "underlying Insurance. insurance", this insurance does not apply to The word "insured" means any person or organization "bodily Injury" or "property damage" arising out qualifying as such under Section II — Who Is An of that exposure unless that limit Is specified in Insured, the Declarations under the Schedule of Other words and phrases that appear in quotation "underlying insurance". marks have special meaning. Refer to Section V — c. This insurance applies to "bodily injury" and Definitions. "property damage"only if: SECTION 1—COVERAGES (1) The "bodily injury" or "property damage" Is COVERAGE A—BODILY INJURY AND PROPERTY caused by "occurrence" that lakes puce DAMAGE LIABILITY in the"coverage territory"; 1. Insuring Agreement (2) occurs dThe uring the policy "property o ; and damage" a. We will a on behalf of the insured the g P yP pay (3) Prior to the policy period, no insured listed "ultimate net loss" in excess of the "retained under Paragraph 1,a. of Section it—Who Is limit" because of "bodily injury' or "property An Insured and no "employee"authorized by damage"to which this Insurance applies.We will you to give or receive notice of an have the right and duty to defend the insured "occurrence" or claim, knew that the "bodily against any "suit" seeking damages for such injury"or"property damage"had occurred, In "bodily lnjury' or "property damage" when the whole or in part. If such a listed insured or "underlying Insurance' dons not provide authorized "employee" knew, prior to the coverage or the limits of underlying Insurance policy period, that the "bodily Injury" or have been exhausted.When we have no duty to "property damage" occurred, then any defend, we will have the right to defend, or to continuation, change or resumption of such participate in the defense of, the Insured against "bodily injury"or"property damage"during or any other "su(t" seeking damages to which this after the policy period will be deemed to Insurance may apply. However, we will have no have been known prior to the policy period. duty to defend the insured against any "suit" d. "Bodily Injury" or "property damage" which seeking damages for "bodily injury" or"property damage"to which this insurance does not apply, occurs during the policy period and was not, At our discretion, we may investigate any prior to the policy period, known to have occurrence' that may involve this insurance occurred Sectiony11 —Insured Who1Ised under An Insuredrorrany and settle any resultant claim or"suit"for which .'employee" authorized b e we have the duty to defend.But; y you to give or receive notice of an "occurrence" or claim, includes any (1) The amount we will pay for the "ultimate not continuation, change or resumption of that loss" is limited as described in Section III — "bodily injury" or "property damage" after the Limits Of Insurance;and end of the policy period. (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. CU 00 01 0413 Insured Copy Page 1 of 19 Alaska Nabonal INSURANCE COMPANY e. "Bodily injury" or "property damage" will be (b) Such attorneys' fees and litigation deemed to have been known to have occurred expenses are for defense of that party at the earliest time when any insured listed against a civil or alternative dispute under Paragraph 1.a. of Section II W Who is An resolution proceeding in which damages Insured or any"employee" authorized by you to to which this insurance applies are give or receive notice of an "occurrence" or alleged. claim: c. Liquor Liability (1) Reports all, or any part, of the "bodily Injury" "Bodily Injury" or "property damage" for which or "property damage" to us or any other any Insured may be held liable by reason of: insurer; (2) Receives a written or verbal demand or claim (1) Causing or contributing to the Intoxication of for damages because of the"bodily injury"or any person; "property damage";or (2) The furnishing of alcoholic beverages to a {3} Becomes aware by any other means that person under the legal drinking age or under "bodily injury" or "property damage" has the influence of alcohol;or occurred or has begun to occur. (3) Any statute, ordinance or regulation relating f. Damages because of "bodily injury" Include to the sale, gift, distribution or use of damages claimed by any person or organization alcoholic beverages. for care, loss of services or death resulting at This exclusion applies even if the claims against any time from the"bodily injury", any insured allege negligence or other 2. Exclusions wrongdoing in: This insurance does not apply to: (a) The supervision, hiring, employment, training or monitoring of others by that a. Expected Or intended Injury insured;or "Bodily Injury"or"property damage"expected or (b) Providing or failing to provide Intended from the standpoint of the Insured.This transportation with respect to any person exclusion does not apply to "bodily injury" that may be under the influence of resulting from the use of reasonable force to alcohol; protect persons or property. If the "occurrence" which caused the "bodily b. Contractual Liability injury" or "property damage"involved that which "Bodily Injury" or "property damage" for which is described In Paragraph (1), (2)or(3)above. the insured is obligated to pay damages by However,this exclusion applies only If you are In I reason of the assumption of liability In a contract the business of manufacturing, distributing, or agreement. This exclusion does not apply to selling, serving or furnishing alcoholic liabllityfordamages: beverages. For the purposes of this exclusion, (1) That the insured would have in the absence permitting a person to bring alcoholic beverages of the contract or agreement; or on your premises, for consumption on your premises, whether or not a fee Is charged or a (2) Assumed in a contract or agreement that Is license is required for such activity, is not by an "insured contract", provided the "bodily itself considered the business of selling, serving Injury" or 'property damage" occurs or furnishing alcoholic beverages. subsequent to the execution of the contract or agreement. Solely for the purposes of This exclusion does not apply to the extent that liability assumed in an "Insured contract", valid "underlying Insurance"for the liquor liability reasonable attorneys' fees and necessary risks described above exists or would have litigation expenses Incurred by or for a party existed but for the exhaustion of underlying other than an insured are deemed to be limits for "bodily Injury' and "property damage", damages because of "bodily injury" or To the extent this exclusion does not apply, the insurance provided under this Coverage Part for "property damage", provided: P 9 (a) Liability to such party for, or for the cost the liquor liability risks described above will follow the same provisions exclusions and of, that party's defense has also been limitations that are contained in the applicable assumed in the same Insured contract'; "underlying Insurance", unless otherwise and directed by this insurance. l CU 00 01 0413 Insured Copy Page 2 of 19 Alaska National INSURANCE COMPANY d. Workers'Compensation And Similar Laws This exclusion does not apply to the extent that Any obligation of the insured under a workers' valid "underlying insurance" for the employer's compensation, disability benefits or liability risks described above exists or would unemployment compensation law or any similar have existed but for the exhaustion of underlying law, limits for "bodily injury". To the extent this e. ERISA exclusion does not apply, the insurance provided under this Coverage Part for the Any obligation of the insured under the employer's liability risks described above will Employee Retirement income Security Act of follow the same provisions, exclusions and 1974 (ERISA), and any amendments thereto or limitations that are contained In the applicable any similar federal,state or local statute. "underlying Insurance", unless otherwise f. Auto Coverages directed by this insurance. (1) "Bodily injury" or "property damage" arising h. Employment-related Practices out of the ownership, maintenance or use of "Bodily injury'to: any"auto"which is not a"covered auto";or (1) A person arising out of any: (2) Any loss, cost or expense payable under or (a) Refusal to employ that person; resulting from any first-party physical damage coverage; no-fault law; personal (b) Termination of that person's employment; Injury protection or auto medical payments or coverage; or uninsured or underinsured (c) Employment-related practices, policies, motorist law. acts or omissions, such as coercion, g. Employer's Liability demotion, evaluation, reassignment, discipline, defamation, harassment, "Bodilylnjury'to: humiliation, discrimination or malicious (1) An "employee" of the insured arising out of prosecution directed at that person;or and in the course of: (2) The spouse,child, parent, brother or sister of (a) Employment by the Insured;or that person as a consequence of "bodily (b) Performing to that person at whom any of the orming duties related to the conduct I of the Insured's business;or employment-related practices described in Paragraph(a),(b), or(c)above is directed. (2) The spouse, child, parent, brother sister of This exclusion applies whether the injury- Paragraph(1)abovee,,that "employee" a consequence of causing event described in Paragraph (a), (b) or Iles whether the Insured may (c) above occurs before employment, during This exclusion applies Y employment or after employment of that person. be liable as an employer or in any other capacity, and to any obligation to share This exclusion applies whether the insured may damages with or repay someone else who must be liable as an employer or in any other pay damages because of the Injury, capacity, and to any obligation to share damages with or repay someone else who must This exclusion does not apply to liability pay damages because of the injury, assumed by the insured under an "insured contract". 1. Pollution With respect to Injury arising out of a "covered (1) "Bodily injury" or "property damage" which auto", this exclusion does not apply to "bodily would not have occurred in whole or part but Injury" to domestic "employees" not entitled to for the actual, alleged or threatened workers' compensation benefits. For the discharge, dispersal, seepage, migration, purposes of this insurance, a domestic release or escape of"pollutants at any time; "employee"is a person engaged in household or or domestic work performed principally in (2) "Pollution cost or expense", connection with a residence premises. it CU 00 0104 13 insured Copy Page 3 of 19 Alaska National AR A ° Alaska N S U R A N C E COMPANY This exclusion does not apply if valid"underlying (5) Aircraft that is: insurance" for the pollution liability risks (a) Chartered by, loaned to, or hired by you described above exists or would have existed with a paid crew;and but for the exhaustion of underlying limits for "bodily injury" and "property damage". To the (b) Not owned by any insured, extent this exclusion does not apply, the k. Racing Activities insurance provided under this Coverage Part for "Bodily Injury" or "property damage" arising out the pollution risks described above will follow the of the use of"mobile equipment"or"autos"In, or same provisions, exclusions and limitations that while in practice for, or while being prepared for, are contained in the applicable 'underlying any prearranged professional ion t or organized Insurance", unless otherwise directed by this racing, speed, demolition, or stunting activity or Insurance. contest. j. Aircraft Or Watercraft L War "Bodily injury" or"property damage" arising out "Bodily injury" or "property damage", however of the ownership, maintenance, use or caused,arising, directly or indirectly,out of: entrustment to others of any aircraft or watercraft owned or operated by or rented or (1) War,including undeclared or civil war; loaned to any insured, Use Includes operation (2) Warlike action by a military force, including and"loading or unloading". action In hindering or defending against an This exclusion applies even if the claims against actual or expected attack, by any any Insured allege negligence or other government, sovereign or other authority wrongdoing in the supervision, hiring, using military personnel or other agents;or employment, training or monitoring of others by (3) Insurrection, rebellion, revolution, usurped that insured, if the "occurrence" which caused power, or action taken by governmental the "bodily injury"or"property damage" involved authority in hindering or defending against the ownership, maintenance, use or entrustment any of these. to others of any aircraft or watercraft that is m. Damage To Property owned or operated by or rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property: (1) A watercraft while ashore on premises you (a) You own, rent, or occupy, Including any own or rent; costs or expenses incurred by you, or any (2) A watercraft you do not own that is: other person, organization or entity, for repair, replacement, enhancement, (a) Less than 6o feet long;and restoration or maintenance of such (b) Not being used to carry persons or property for any reason, including property for a charge; prevention of injury to a person or (3) Liability assumed under any "Insured damage to anther's property;or contract" for the ownership, maintenance or (b) Owned or transported by the insured and use of aircraft or watercraft; arising out of the ownership, maintenance (4) The extent that valid "underlying insurance" or use of a"covered auto". for the aircraft or watercraft liability risks (2) Premises you sell, give away or abandon, If described above exists or would have the "property damage" arises out of any part existed but for the exhaustion of underlying of those premises; limits for"bodily injury"or"property damage", (3) Property loaned to you; To the extent this exclusion does not apply,the insurance provided under this Coverage l(4) persona property in the Cara, custody or Part for the aircraft or watercraft risks control alof the insured; described above will follow the same (5) That particular part of real property on which provisions, exclusions and limitations that you or any contractors or subcontractors are contained in the "underlying insurance", working directly or Indirectly on your behalf unless otherwise directed by this Insurance; are performing operations, if the "property or damage"arises out of those operations;or I CU 00 01 04 13 Insured Copy Page 4 of 19 k3 Alaska National INSURANCE COMPANY (6) That particular part of any property that must (3) "Impaired property'" be restored1. , repaired or replaced because if such product,work,or property is withdrawn or your work' was incorrectly performed on It, recalled from the market or from use by any Paragraph (2)of this exclusion does not apply If person or organization because of a known or the premises are "your work" and were never suspected defect, deficiency, Inadequacy or occupied, rented or held for rental by you. dangerous condition in it. Paragraphs (1)(b), (3), (4), (5) and (6) of this r. Personal And Advertising Injury exclusion do not apply to liability assumed under "Bodily injury" arising out of "personal and a sidetrack agreement advertising Injury", Paragraphs (3) and (4) of this exclusion do not s. Professional Services apply to liability assumed under a written Trailer Interchange agreement, "Bodily injury" or "property damage" due to P rendering of or failure to render any professional Paragraph(6}of this exclusion does not apply to "property damage" included in the "products- service,This includes but is not limited to; completed operations hazard". (1) Legal, accounting or advertising servlces; n, Damage To Your Product (2) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, "Property damage" to "your product" arising out reports, surveys, field orders, change orders of it or any part of it. or drawings or specifications; o. Damage To Your Work (3) Inspection, supervision, quality control, "Property damage" to "your work" arising out of architectural or engineering activities done it or any part of it and included in the "products- by or for you on a project on which you serve completed operations hazard". as construction manager; This exclusion does not apply if the damaged (4) Engineering services, including related work or the work out of which the damage arises supervisory or inspection services; was performed on your behalf by a (5) Medical, surgical, dental, X-ray or nursing subcontractor. services treatment, advice or Instruction; p. Damage To Impaired Property Or Property (6) Any health or therapeutic service treatment, Not Physically Injured advice or instruction; "Property damage" to "Impaired property" or (y) Any service, treatment, advice or Instruction property that has not been physically injured, for the purpose of appearance or skin arising out of: enhancement, hair removal or replacement, (11) A defect, deficiency, Inadequacy or or personal grooming or therapy; dangerous condition in "your product" or "your work";or (8) Any service, treatment, advice or Instruction relating to physical fitness, Including service, (2) A delay or failure by you or anyone acting on treatment, advice or instruction in connection your behalf to perform a contract or with diet, cardiovascular fitness, bodybuilding agreement In accordance with its terms. or physical training programs; This exclusion does not apply to the loss of use (9) Optometry or optical or hearing aid services of other property arising out of sudden and including the prescribing, preparation, fitting, accidental physical injury to "your product" or demonstration or distribution of ophthalmic "your work"after it has been put to Its Intended lenses and similar products or hearing aid use, devices; q. Recall Of Products,Work Or Impaired (10) Body plercing services; Property (11) Services in the practice of pharmacy; Damages claimed for any loss, cost or expense (12) Law enforcement or firefighting services;and incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, (13) Handling, embalming, disposal, burlal, replacement, adjustment, removal or disposal cremation or disinterment of dead bodies. of: (1) "Your product"; (2) "Your work";or i CU 00 01 04 13 insured Copy Page 6 of 19 Alaska National INSUPANCE COMPANY '.. This exclusion applies even if the claims against COVERAGE B—PERSONAL AND ADVERTISING any insured allege negligence or other INJURY LIABILITY wrongdoing in the supervision, hiring, 1. Insuring Agreement employment, training or monitoring of others by that insured, if the "occurrence" which caused a. We will pay on behalf of the insured the the "bodily injury" or "property damage", "ultimate net toss" in excess of the "retained involved the rendering of or failure to render any limit" because of "personal and advertising professional service. Injury" to which this Insurance applies. We will have the right and duty to defend the insured I. Electronic Data against any "suit" seeking damages for such Damages arising out of the loss of, loss of use "personal and advertising injury" when the of, damage to, corruption of, inability to access "underlying insurance" does not provide or Inability to manipulate electronic data. coverage or the limits of"underlying insurance" However, this exclusion does not apply to have been exhausted_When we have no duty to liability for damages because of"bodily injury", defend, we will have the right to defend, or to As used in this exclusion,electronic data means participate In the defense of, the insured against any other "suit" seeking damages to which this information, facts or programs stored as or on, Insurance may apply. However, we will have no created or used on, or transmitted to or from duty to defend the insured against any "suit" computer software, including systems and seeking damages for "personal and advertising applications software, hard or floppy disks, CD- injury"to which this Insurance does not apply.At ROMs, tapes, drives, cells, data processing our discretion, we may Investigate any offense devices or any other media which are used with that may Involve this insurance and settle any electronically controlled equipment. resultant claim or "suit" for which we have the This exclusion does not apply If valid"underlying duty to defend. But: insurance"for the electronic data risks described {1} The amount we will pay for the "ultimate net above exists or would have existed but for the loss" is limited as described in Section ill — exhaustion of underlying limits for"bodily Injury" Limits Of Insurance;and and "property damage". The Insurance provided under this Coverage Part will follow the same (2) Our right and duty to defend end when we provisions, exclusions and limitations that are have used up the applicable limit of contained in the applicable "underlying insurance in the payment of judgments or Insurance", unless otherwise directed by this settlements under Coverages A or B. insurance. No other obligation or liability to pay sums or u. Recording And Distribution Of Material Or perform acts or services is covered unless Information In Violation Of Law explicitly provided for under Supplementary "Bodily Injury" or "property damage" arising Payments—CoveragesAandR, directly or indirectly out of any action or b. This insurance applies to "personal and j emission that violates or Is alleged to violate: advertising injury"that is subject to an applicable "retained limit'. if any other limit, such as a (1) The Telephone Consumer Protection Act sublimit, is specified In the "underlying (TCPA), including any amendment of or Insurance", this insurance does not apply to addition to such law; "personal and advertising Injury" arising out of j (2) The CAN-SPAM Act of 2003, including any that exposure unless that limit is specified in the amendment of or addition to such law; Declarations under the Schedule of "underlying (3) The Fair Credit Reporting Act (FCRA), and insurance". any amendment of or addition to such law, c. This insurance applies to "personal and including the Fair and Accurate Credit advertising injury" caused by an offense arising Transactions Act(FACTA); or out of your business but only If the offense was (4) Any federal, state or local statute, ordinance committed in the "coverage territory' during the or regulation, other than the TCPA, CAN- policy period. SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. CU 00 01 0413 Insured Copy Page 6 of 19 MFAlaska National INSURANcs COMPANY 2. Exclusions (9) Infringement Of Copyright,Patent, This insurance does not apply to: Trademark Or Trade Secret a. "Personal and advertising injury": Arising out of the infringement of copyright, (1) Knowing Violation Of Rights Of Another patent, trademark, trade secret or other intellectual property rights. Under this Caused by or at the direction of the insured exclusion, such other intellectual property with the knowledge that the act would violate rights do not include the use of anther's the rights of another and would inflict advert(s(ng idea In your"advertisement". "personal and advertising Injury". However, this exclusion does not apply to (2) Material Published With Knowledge Of infringement, in your "advertisement", of Falsity copyright, trade dress or slogan, Arising out of oral or written publication, in (10) Insureds In Media And Internet Type any manner, or material, if done by or at the Businesses direction of the insured with knowledge of its Committed by an insured whose business is: falsity. (a) Advertising, broadcasting, publishing or (3) Material Published Prior To Policy Period telecasting; Arising out of oral or written publication, in (b) Designing or determining content of web any manner, of material whose first sites for others;or publication took place before the beginning of the policy period, (c) An Internet search, access, content or (4) Criminal Acts service provider. However, this exclusion does not apply to Arising out of a criminal act committed by or Paragraphs 14.a., b.and c.of"personal and at the direction of the insured. advertising injury" under the Definitions (5) Contractual Liability section. For which the insured has assumed liability For the purposes of this exclusion, the in a contract or agreement. This exclusion placing of frames, borders or links, or does not apply to: advertising, for you or others anywhere on (a) Liability for damages that the insured the Internet, is not by itself, considered the would have In the absence of the contract business of advertising, broadcasting, or agreement. publishing or telecasting. (b) Liability for false arrest, detention or (11) Electronic Chatrooms Or Bulletin Boards imprisonment assumed in a contract or Arising out of an electronic chatrocm or agreement, bulletin board the insured hosts, owns, or (6) Breach Of Contract over which the Insured exercises control, Arising out of a breach of contract, except an (12) Unauthorized Use Of Another's Name Or implied contract to use anther's advertising Product idea in your"advertisement". Arising out of the unauthorized use of (7) Quality Or Performance Of Goods— anther's name or product in your e-mail Failure To Conform To Statements address, domain name or metatag, or any other similar tactics to mislead another's Arising out of the failure of goods, products potential customers. or services to conform with any statement of quality or performance made in your (13) Pollution "advertisement Arising out of the actual, alleged or (8) Wrong Description Of Prices threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" Arising out of the wrong description of the at any time. price of goods, products or services stated in your"advertisement". I � i CU 00 01 0413 Insured Copy Page 7 of 19 WAlaska National INSURANCE COMPANY (14) Employment-related Practices (f) Any health or therapeutic service To: treatment, advice or instruction; (a) A person arising out of any: (g) Any service, treatment, advice or i Refusal to employ that arson; Instruction for the purpose of appearance O P Y P or skin enhancement, hair removal or (11) Termination of that person's replacement, or personal grooming or employment;or therapy; (ill) Employment-related practices, (h) Any service, treatment, advice or Policies, acts or omissions, such as instruction relating to physical fitness, coercion, demotion, evaluation, including service, treatment, advice or reassignment, discipline, defamation, instruction in connection with diet, harassment, humiliation, cardiovascular fitness, bodybuilding or discrimination or malicious physical training programs; prosecution directed at that person;or (1) Optometry or optical or hearing aid (b) The spouse, child, parent, brother or services including the prescribing, sister of that person as a consequence of preparation, fitting, demonstration or "personal and advertising injury" to that distribution of ophthalmic lenses and person at whom any of the employment similar products or hearing aid devices; related practices described in Paragraph (j) Body piercing services; (1), (ii)or(Ili)above Is directed. (k) Services in the practice of pharmacy; This exclusion applies whether the injury- causing event described In Paragraph (1), (it) (1) Law enforcement or firefighting services; or (iii) above occurs before employment, and during employment or after employment of (m) Handling, embalming, disposal, burial, that person. cremation or disinterment of dead bodies. This exclusion applies whether the insured This exclusion applies even If the claims may be liable as an employer or in any other against any insured allege negligence or capacity, and to any obligation to share other wrongdoing in the supervision, hiring, damages with or repay someone else who employment, training or monitoring of others must pay damages because of the injury, by that insured, if the offense which caused (15) Professional Services the "personal and advertising injury", Arising out of the rendering of or failure to involved the rendering of or failure to render 9 any professional service. render any professional service. This includes but Is not limited to: (16) War (a) Legal, accounting or advertising services; However caused, arising, directly or (b) Preparing, approving, or failing to prepare indirectly, out of: or approve, maps, shop drawings, (a) War, including undeclared or civil war; opinions, reports, surveys, fleld orders, (b) Warlike action by a military force, change orders or drawings or including action in hindering or defending specifications; against an actual or expected attack, by (c) Inspection, supervision, quality control, any government, sovereign or other architectural or engineering activities authority using military personnel or other i done by or for you on a project on which agents;or you serve as construction manager: (c) Insurrection, rebellion, revolution, (d) Engineering services, including related usurped power, or action taken by supervisory or inspection services; governmental authority in hindering or (a) Medical,surgical, dental, X-ray or nursing defending against any of these. services treatment,advice or instruction; III i i CLI 00 0104 13 Insured Copy Page 8 of 19 Alaska National INSURANCE COMPANY (17) Recording And Distribution Of Material Or f. Prejudgment interest awarded against the Information in Violation Of Law insured on that part of the judgment we pay. if Arising directly or Indirectly out of any action we make an offer to pay the applicable limit of or omisslon that violates or is alleged to insurance, we will not pay any prejudgment violate: interest based on that period of time after the (a) The Telephone Consumer Protection Act offer. (TCPA), including any amendment of or g• All interest on the full amount of any judgment addition to such law; that accrues after entry of the judgment and (b) The CAN SPAM Act of 2003 includingbefore we have paid, offered to pay, or deposited In court the part of the judgment that any amendment of or addition to such is within the applicable limit of insurance. law Those payments will not reduce the limits of (c) The Fair Credit Reporting Act (FORA), insurance. and any amendment of or addition to 2 When we have the right but not the du to defend such law, including the Fair and Accurate the Insured and elect participate in the defense, Credit Transactions Act(FACTA);or we will pay our own expenses but will not contribute (d) Any federal, state or local statute, to the expenses of the Insured or the "underlying ordinance or regulation, other than the insurer". TCPA, CAN-SPAM Act of 2003 or FCRA 3, If we defend an insured against a "suit" and an and their amendments and c that indemnitee of the insured Is also named as a art addresses, prohibits, or limitiss the printing, to the "suit", we will defend that indemnitee if all of dissemination, disposal, collecting, the following conditions are met: recording, sending, transmitting, communicating or distribution of material a, The "sult" against the indemnitee seeks or information. damages for which the Insured has assumed the b. "Pollution cost or expense", liability of the indemnitee In a contract or agreement that is an"Insured contract'; SUPPLEMENTARY PAYMENTS—COVERAGES A AND B b. This insurance applies to such liability assumed 1. We will pay, with respect to any claim we by the Insured; investigate or settle,or any"suit"against an Insured c. The obligation to defend, or the cost of the we defend,when the duty to defend exists: defense of, that indemnitee, has also been assumed by the Insured in the same "insured a. All expenses we incur. contract b. Up to $2,000 for cost of bail bonds (Including d. The allegations in the"suit" and the information bonds for related traffic law violations) required we know about the "occurrence" are such that because of an "occurrence" we cover. We do no conflict appears to exist between the not have to furnish these bonds. interests of the insured and the interests of the c. The cost of bonds to release attachments, but indemnitee; only for bond amounts within the applicable limit e. The indemnitee and the insured ask us to of insurance. We do not have to furnish these conduct and control the defense of that bonds. Indemnitee against such "suit" and agree that d. All reasonable expenses incurred by the insured we can assign the same counsel to defend the at our request to assist us in the investigation or insured and the indemnitee;and defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the Insured. I_ �I CU 00 01 04 13 Insured Copy Page 9 of 19 Alaska National INSURANCE COMPANY f. The indemnitee: (3) A limited liability company, you are an (1) Agrees in writing to; insured. Your members are also insureds, but only with respect to the conduct of your (a) Cooperate with us in the investigation, business. Your managers are insureds, but settlement or defense of the"suit'; only with respect to their duties as your (b) Immediately send us copies of any managers. demands, notices, summonses or legal (4) An organization other than a partnership, papers received in connection with the joint venture or limited liability company, you suit"; are an insured, Your"executive officers"and (c) Notify any other insurer whose coverage directors are insureds, but only with respect Is available to the Indemnitee; and to their duties as your officers or directors, (d) Cooperate with us with respect to Your stockholders are also insureds, but only coordinating other applicable insurance with respect to their liability as stockholders, available to the Indemnitee;and (5) A trust,you are an Insured. Your trustees are (2) Provides us with written authorization to; also insureds, but only with respect to their duties as trustees. (a) Obtain records and other information related to the"suit';and 6. Each of the following is also an insured: (b) Conduct and control the defense of the (1) Your "volunteer workers" only while Indemnitee in such"suit". performing duties related to the conduct of your business, or your "employees", other So long as the above conditions are met, attorneys' than either your "executive officers" (if you fees incurred by us In the defense of that are an organization other than a partnership, Indemnitee, necessary litigation expenses incurred joint venture or limited liability company) or by us and necessary litigation expenses incurred by your managers (if you are a limited liability the Indemnitee at our request will be paid as company), but only for acts within the scope Supplementary Payments, Notwithstanding the of their employment by you or while provisions of Paragraph 2.b.(2) of Section I performing duties related to the conduct of Coverage A — Bodily Injury And Property Damage your business. However, none of these Liability, such payments will not be deemed to be "employees" or "volunteer workers" are damages for "bodily injury" and "property damage" Insureds for: and will not reduce the limits of insurance. (a) "Bodily injury" or "personal and Our obligation to defend an insured's indemnitee advertising injury": and to pay for attorneys' fees and necessary (1) To you, to your partners or members litigation expenses as Supplementary Payments ends when we have used up the applicable limit of (if you area partnership or joint venture Insurance in the payment of judgments or to your members (if you are co- settlements or the conditions set forth above,or the a limited employoe"in thdd Ilablith company), to ae course of his or her her terms of the agreement described in Paragraph f. employment ora conducing duties above, are no longer met, related to the conduct of your SECTION II—WHO IS AN INSURED business or to your other 'volunteer 1. Except for liability arising out of the ownership, workers" while performing duties maintenance or use of"covered autos": related to the conduct of your a. If you are designated in the Declarations as: business; you and our spouse are (ii) To the spouse, child, parent, brother (1) An individual Y Y p or sister of that co-"employee" or insureds, but only with respect to the conduct "volunteer worker" as a consequence of a business of which you are the sole of Paragraph(a)(i)above;or owner. (2) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your buslness. i CU 00 01 04 13 Insured Copy Page 10 of 19 i Alaska National INSUrIANGE COMPANY (111) For which there is any obligation to 2. Only with respect to liability arising out of the share damages with or repay ownership, maintenance or use of"covered autos": someone else who must pay a. You are an insured. damages because of the injury described In Paragraph (a)(1) or (11) b. Anyone else while using with your permission a above. covered auto" you own, hire or borrow is also (b) "Property damage to property: an insured except (1) Owned,occupied or used by; (1) The owner or anyone else from whom you hire or borrow a "covered auto". This (11) Rented to, in the care, custody or exception does not apply if the "covered control of, or over which physical auto" is a trailer or semitrailer connected to a control is being exercised for any "covered auto"you own. purpose by; you, an of our 'employees", "volunteer (2) Your by that " if the "covered auto" is Y Yowned by that "employee" or a member of workers", any partner or member (if you his or her household, are a partnership or joint venture), or any (3) Someone using a "covered auto"while he or member (if you are a limited liability she Is working in a business of selling, company).(2) Any person (other than your "employee" servicing, repairing, parking or storing or "autos"unless that business is yours. "volunteer worker"), or any organization while acting as your real estate manager. (4) Anyone other than your "employees", (3) Any person or organization having proper partners (if you are a partnership), members temporary custody of your property 0 you (if you are a limited liability company), or a die, but only: lessee or borrower or any of their a With respect to liability arising out of the "employees", while moving property to or ( I p tY 9 from a"covered auto". maintenance or use of that property; and (5) A partner (if you are a partnership), or a (b) Until your legal representative has been member (if you are a limited liability appointed. company)for a"covered auto"owned by him (4) Your legal representative if you die, but only or her or a member of his or her household. with respect to duties as such. That (6) "Employees"with respect to"bodily injury"to: representative will have all your rights and {a} Any fallow "employee" of the Insured duties under this Coverage Part, arising out of and in the course of the c. Any organization you newly acquire or form, fellow "employee's" employment or while other than a partnership,joint venture or limited performing duties related to the conduct liability company, and over which you maintain of your business;or ownership or majority interest, will qualify as a Named Insured If there is no other similar (b) The spouse, child, parent, brother or insurance available to that organization. sister of that fellow employee as a However. consequence of Paragraph(a)above. (1) Coverage under this provision Is afforded c, Anyone liable for the conduct of an insured described above is also an Insured, but only to only until the 9Qth day after you acquire or i form the organization or the end of the policy the extent of that liability, period,whichever is earlier; (2) Coverage A does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to"personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. III CU 00 0104 13 Insured Copy Page 11 of 19 Alaska National INSURANCE COMPANY 3. Any additional insured under any policy of 5. if there is "underlying insurance" with a policy "underlying insurance" will automatically be an period that is nonconcurrent with the policy period insured under this Insurance. of this Commercial Liability Umbrella Coverage Subject to Section Ili — Limits Of Insurance, if Part, the "retained Ilmit(s)" will only be reduced or coverage provided to the additional Insured Is exhausted by payments for: required by a contract or agreement, the most we a. "Bodily injury" or "property damage" which will pay on behalf of the additional insured is the occurs during the policy period of this Coverage amount of insurance: Part;or a. Required by the contract or agreement, less any b, "Personal and advertising Injury' for offenses amounts payable by any"underlying insurance"; that are committed during the policy period of or this Coverage Part. b, Available under the applicable Limits of However, if any"underlying Insurance"is written on Insurance shown in the Declarations; a claims-made basis, the "retained limit(s)"will only whichever is less. be reduced or exhausted by claims for that Additional insured coverage provided b y this Insurance that are made during the policy period,or any Extended Reporting Period, of this Coverage insurance will not be broader than coverage Part. provided by the"underlying Insurance". The Aggregate Limit, as described in Paragraph 2, No person or organization is an insured with respect to above, applies separately to each consecutive annual the conduct of any current or past partnership, joint period and to any remaining period of less than 12 venture or limited liability company that is not shown as months, starting with the beginning of the policy period a Named Insured in the Declarations, shown in the Declarations, unless the policy period Is SECTION III—LIMITS OF INSURANCE extended after issuance for an additional period of less 1. The Limits of Insurance shown in the Declarations than 12 months. In that case, the additional period will and the rules below fix the most we will pay be deemed part of the last preceding period for regardless of the number of: purposes of determining the Limits of Insurance. a. Insureds; SECTION IV—CONDITIONS b. Claims made, "suits" brought, or number of 1. Appeals vehicles involved; or If the "underlying insurer" or insured elects not to c. Persons or organizations making claims or appeal a judgment In excess of the"retained limit", bringing"suits". we may do so at our own expense.We will also pay for taxable court costs, pre- and postjudgment 2. The Aggregate Limit is the most we will pay for the interest and disbursements associated with such sum of all"ultimate net loss"under: appeal. In no event will this provision increase our a. Coverage A, except "ultimate net loss" because liability beyond the applicable Limits of Insurance of "bodily injury" or "property damage" arising described in Section ill—Limits Of Insurance. out of the ownership, maintenance or use of a 2. Bankruptcy "covered auto";and a. Bankruptcy Of Insured b. Coverage B. Bankruptcy or insolvency of the insured or of the 3. Subject to Paragraph 2. above, the Each insured's estate will not relieve us of our Occurrence Limit is the most we will pay for the obligations under this Coverage Part. sum of all "ultimate net loss" under Coverage A because of all"bodily injury"and "property damage" arising out of any one"occurrence". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all "ultimate net loss" because of all "personal and advertising injury"sustained by any one person or organization. i I CU 00 01 0413 Insured Copy Page 12 of 18 i Alaska National INSURANCE COMPANY b. Bankruptcy Of Underlying Insurer 4. Legal Action Against Us Bankruptcy or insolvency of the "underlying No person or organization has a right under this insurer' will not relieve us of our obligations Coverage Part: under this Coverage Part. a. To join us as a party or otherwise bring us into a However, this insurance will not replace the "suit"asking for damages from an insured; or "underlying insurance"in the event of bankruptcy or b. To sue us on this Coverage Part unless all of its insolvency of the "underlying Ensurer". This terms have been fully complied with, insurance will apply as if the "underlying insurance" were in full effect_ A person or organization may sue us to recover on 3. Duties In The Event Of Occurrence, Offense, an agreed settlement or on a final judgment against an insured; but we will not be liable for damages Claim Or Suit that are not payable under the terms of this a. You must see to it that we are notified as soon Coverage Part or that are in excess of the as practicable of an "occurrence" or an offense, applicable limit of insurance. An agreed settlement regardless of the amount, which may result in a means a settlement and release of liability signed claim. To the extent possible, notice should by us, the insured and the claimant or the include: claimant's legal representative. (1) How, when and where the "occurrence" or 5. Other insurance offense took place; a. This insurance is excess over, and shall not (2) The names and addresses of any injured contribute with any of the other Insurance, persons and witnesses;and whether primary, excess, contingent or on any (3) The nature and location of any injury or other basis. This condition will not apply to damage arising out of the "occurrence" or insurance specifically written as excess over this offense. Coverage Part. b. If a claim is made or "suit" is brought against When this insurance is excess, we will have no any insured,you must: duty under Coverages A or B to defend the (1) Immediately record the specifics of the claim Insured against any "suit" if any other insurer or"suit"and the date received;and has a duty to defend the insured against that "suit", if no other insurer defends, we will (2) Notify us as soon as practicable. undertake to do so, but we will be entitled to the You must see to it that we receive written notice Insured's rights against all those other Insurers. of the claim or"suit"as soon as practicable. b. When this Insurance Is excess over other c. You and any other Involved insured must insurance, we will pay only our share of the (1) Immediately send us copies of any demands, "ultimate net toss"that exceeds the sum of: notices, summonses or legal papers (1) The total amount that all such other received in connection with the claim or insurance would pay for the loss In the "suit"; absence of the Insurance provided under this (2) Authorize us to obtain records and other Coverage Part;and Information; (2) The total of all deductible and seif-Insured (3) Cooperate with us in the Investigation or amounts under all that other insurance. settlement of the claim or defense against the"suit";and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of Injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or Incur any expense, other than for first aid,without our consent. i i I CU 00 01 0413 Insured Copy Page 13 of 19 i Alaska►National INSURANCE COMPANY 6. Premium Audit 10.When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we Part in accordance with our rules and rates, will mall or deliver to the first Named Insured shown b. Premium shown in this Coverage Part as in the Declarations written notice of the nonrenewal advance premium is a deposit premium only.At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named insured. The due date 11.Loss Payable for audit and retrospective premiums is the date shown as the due date an the bill. If the sum of Liability under this Coverage Part does not apply to the advance and audit premiums paid for the a given claim unless and until• policy period is greater than the earned a. The insured or insured's"underlying insurer"has premium, we will return the excess to the first become obligated to pay the"retained limit';and Named Insured. b. The obligation of the insured to pay the"ultimate c. The first Named insured must keep records of net loss" in excess of the "retained limit" has the information we need for premium been determined by a final settlement or computation, and send us copies at such times judgment or written agreement among the as we may request. insured, claimant and us. 7. Representations Or Fraud 12.Transfer Of Defense By accepting this policy, you agree; When the underlying limits of insurance have been a. The statements In the Declarations are accurate used up in the payment of Judgments or and complete; settlements,the duty to defend will be transferred to b. Those statements are based upon us.We will cooperate in the transfer of control to us p of any outstanding claims or suits seeking representations you made to us; damages to which this insurance applies which c. We have issued this policy In reliance upon your would have been covered by the "underlying representations; and insurance" had the applicable limit not been used d. This policy is void in any case of fraud by you as up. it relates to this policy or any claim under this 13.Maintenance OVChanges To Underlying policy. insurance 8. Separation Of Insureds Any "underlying Insurance" must be maintained In Except with respect to the Limits of Insurance, and full effect without reduction of coverage or limits any rights or duties specifically assigned in this except for the reduction of the aggregate limit in Coverage Part to the first Named Insured, this accordance with the provisions of such "underlying insurance applies: insurance that results from payment of claims, settlement or judgments to which this insurance a. As If each Named Insured were the only Named applies. Insured; and Such exhaustion or reduction is not a failure to b. Separately to each Insured against whom claim maintain "underlying insurance". Failure to maintain is made or"suit"is brought "underlying insurance" will not invalidate insurance 9. Transfer Of Rights Of Recovery Against Others provided under this Coverage Part, but insurance To Us provided under this Coverage Part will apply as If If the insured has rights to recover all or part of any the"underlying Insurance"were in full effect. I payment we have made under this Coverage Parl, If there is an increase in the scope of coverage of those rights are transferred to us.The Insured must any "underlying insurance" during the term of this do nothing after loss to impair them.At our request, policy, our liability will be no more then it would the Insured will bring "suit" or transfer those rights have been if there had been no such increase. to us and help us enforce them. CU 00 0104 13 Insured Copy Page 114 of 19 Alaska National INSURANCE COMPANY You must notify us In writing, as soon as SECTIONV—DEFINITIONS practicable, if any "underlying Insurance" is 1. "Advertisement"means a notice that is broadcast or cancelled, not renewed, replaced or otherwise published to the general public or specific market terminated, or if the limits or scope of coverage of segments about your goods, products or services any"underlying insurance"is changed. for the purpose of attracting customers or 14.Expanded Coverage Territory supporters. For the purposes of this definition: a. If a "suit" is brought in a part of the "coverage a. Notices that are published include material territory" that is outside the United States of placed on the Internet or on similar electronic America (including Its territories and means of communication;and possessions), Puerto Rico or Canada, and we b. Regarding web sites, only that part of a web site are prevented by law, or otherwise, from that Is about your goods, products or services defending the Insured, the insured will Initiate a for the purposes of attracting customers or defense of the "suit". We will reimburse the supporters is considered an advertisement, insured, under Supplementary Payments, for any reasonable and necessary expenses 2. "Auto"means: Incurred for the defense of a "suit" seeking a. A land motor vehicle, trailer or semitrailer damages to which this insurance applies, that designed for travel on public roads, including we would have paid had we been able to any attached machinery or equipment;or exercise our right and duty to defend. b. Any other land vehicle that is subject to a If the insured becomes legally obligated to pay compulsory or financial responsibility law or sums because of damages to which this other motor vehicle insurance law where it is Insurance applies in a part of the "coverage licensed or principally garaged, territory" that is outside the United States of However, "auto" does not include "mobile America (including its territories and equipment". possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise,from paying 3. "Bodily injury" means bodily Injury, disability, such sums on the insured's behalf, we will sickness or disease sustained by a person, reimburse the insured for such sums. including death resulting from any of these at any b. All payments or reimbursements we make for time. "Bodily Injury" includes mental anguish or damages because of judgments or settlements other mental injury resulting from bodily injury". will be made in U.S. currency at the prevailing 4. "Coverage territory" means anywhere in the world exchange rate at the time the insured became with the exception of any country or jurisdiction legally obligated to pay such sums.All payments which is subject to trade or other economic sanction or reimbursements we make for expenses under or embargo by the United States of America, i Supplementary Payments will be made in U.S. 5. "Covered auto" means only those "autos" to which currency at the prevailing exchange rate at the "underlying insurance"applies. time the expenses were incurred. 6. "Employee"includes a "leased worker", "Employee" c. Any disputes between you and us as to whether does not include a"temporary worker". there Is coverage under this policy must be filed In the courts of the United States of America T "Executive officer" means a person holding any of (including Its territories and possessions), the officer positions created by your charter, Canada or Puerto Rico, constitution, bylaws or any other similar governing i document. d. The insured must fully maintain any coverage g "Impaired property" means tangible property, other required by law, regulation or other than "your product" or "your work", that cannot be governmental authority during the policy period, used or Is less useful because: except for reduction of the aggregate limits due to payments of claims, judgments or a. It incorporates"your product"or"your work"that settlements, is known or thought to he defective, deficient, Failure to maintain such coverage required by inadequate or dangerous; or law, regulation or other governmental authority b, You have failed to fulfill the terms of a contract will not invalidate this insurance. However, this or agreement; insurance will apply as If the required coverage by law, regulation or other governmental authority was in full effect. CU 00 01 0413 Insured Copy Page 16 of 19 Alaska National tNSURANCE COMPANY If such property can be restored to use by the (3) That holds a person or organization engaged repair, replacement, adjustment or removal of"your In the business of transporting property by product"or"your work",or your fulfilling the terms of "auto" for hire harmless for your use of a the contract or agreement. "covered auto" over a route or territory that 9. "Insured contract"means: person or organization is authorized to serve by public authority. a. A contract for a tease of premises. However, 10."Leased worker" means a arson leased to you b that portion of the contract for a tease of p y y premises that Indemnifies any person or a labor leasing firm under an agreement between organization for damage by fire to premises you and the tabor leasing firm, to perform duties while rented to you or temporarily occupied by related to the conduct of your business. "Leased you with permission of the owner is not an worker"does not include a"temporary worker". "Insured contract"; 11.1oading or unloading" means the handling of b. A sidetrack agreement; property: c. Any easement or license agreement, except In a. After It is moved from the place where it is connection with construction or demolition accepted for movement into or onto an aircraft, operations on or within 50 feet of a railroad; watercraft or"auto"; d. An obligation, as required by ordinance, to b. While it is in or on an aircraft, watercraft or indemnify a municipality, except in connection "auto";or with work for a municipality; c. While it is being moved from an aircraft, e. An elevator maintenance agreement; watercraft or "auto" to the place where it is f. That part of any contract or agreement entered finally delivered; into, as part of your business, pertaining to the but "loading or unloading" does not include the rental or lease, by you or any of your movement of property by means of a mechanical "employees", of any "auto". However, such device, other than a hand truck, that is not attached contract or agreement shall not be considered to the aircraft,watercraft or"auto"_ an "insured contract" to the extent that it 12."Mobile equipment" means any of the following obligates you or any of your "employees" to pay types of land vehicles, including any attached for "property damage" to any "auto" rented or machinery or equipment: leased by you or any of your"employees". a. Bulldozers, farm machinery, forklifts and other g. That part of any other contract or agreement vehicles designed for use principally off public pertaining to your business (including an roads; indemnification of a municipality in connection b. Vehicles maintained for use solely an or next to with work performed for a municipality) under which you assume the tort liability of another Premises you own or rent; party to pay for "bodily injury" or "property c. Vehicles that travel on crawler treads; damage" to a third person or organization. Tort d. Vehicles, whether self-propelled or not, liability means a liability that would be imposed maintained primarily to provide mobility to by law in the absence of any contract or permanently mounted: agreement. (1) power cranes, shovels, loaders, diggers or Paragraphs f, and g. do not include that part of any drills;or contract or agreement: (2) Road construction or resurfacing equipment ; (1) That indemnifies a railroad for "bodily injury" such as graders,scrapers or rollers; or "property damage" arising out of construction or demolition operations, wit e. Vehicles not described in Paragraph a., 6., c.or hin 50 feet of any railroad property and affecting d. above that are not self-propelled and are t mobility id to il prove moy o ri ed primarily any railroad bridge or trestle, tracks, road- maintain I beds,tunnel, underpass or crossing; permanently attached equipment of the following (2) That pertains to the loan, lease or rental of types: an "auto"to you or any of your"employees", if the "auto" is loaned, leased or rented with a driver; or i CU 00 0104 13 insured Copy Page 10 of 19 e r Alaska National INSURANCE COMPANY '..... (1) Air compressors, pumps and generators, f. The use of another's advertising idea In your Including spraying, welding, building "advertisement";or cleaning, geophysical exploration, fighting g, infringing upon another's copyright, trade dress and well servicing equipment;or or slogan In your"advertisement", (2) Cherry pickers and similar devices used to IS."Pollutants" mean any solid, liquid, gaseous or raise or lower workers; thermal irritant or contaminant, including smoke, f. Vehicles not described in Paragraph a., b., c. or vapor, soot, fumes, acids, alkalis, chemicals and d.above maintained primarily for purposes other waste. Waste includes materials to be recycled, than the transportation of persons or cargo. reconditioned or reclaimed. However, self-propelled vehicles with the 16."Pollutlon cost or expense"means any loss, cost or following types of permanently attached expense arising out of any. equipment are not "mobile equipment" but will a. Request, demand, order or statutory or be considered'"autos": regulatory requirement that any insured or (1) Equipment designed primarily for: others test for, monitor, clean up, remove, (a) Snow removal; contain, treat, detoxify or neutrallze, or In any (b) Road maintenance, but not construction Way respond to, or assess the effects of, pollutants , or or resurfacing;or {cj Street cleaning; b. Claim or suit by or on behalf of a governmental authority for damages because of testing for, (2) Cherry pickers and similar devices mounted monitoring, cleaning up, removing, containing, on automobile or truck chassis and used to treating, detoxifying or neutralizing, or in any raise or lower workers;and way responding to, or assessing the effects of, (3) Air compressors, pumps and generators, "pollutants". including spraying, welding, building 17."Products-completed operations hazard": cleaning, geophysical exploration, lighting a. Includes all "bodily injury" and "property and well servicing equipment, damage" occurring away from premises you However, "mobile equipment" does not include own or rent and arising out of "your product" or land vehicles that are subject to a compulsory or "your work"except: financial responsibility law or other motor vehicle (1) Products that are still In your physical Insurance law where it is licensed or principally possession;or garaged, Land vehicles subject to a compulsory or financial responsibility law or other motor (2) Work that has not yet been completed or vehicle insurance law are considered"autos". abandoned, However, "your work" will be deemed completed at the earliest of the 13."Occurrence" means an accident, including following times: continuous or repeated exposure to substantially the same general harmful conditions. (a) When all of the work called for in your 14."Personal and advertising injury" means Injury, contract has been completed. b When all of the work to be done at the job Including consequential"bodily injury", arising out of O j one or more of the following offenses: site has been completed If your contract a. False arrest,detention or imprisonment; calls for work at more than one job site, (c) When that part of the work done at a job b. Malicious prosecution; site has been put to its intended use by c. The wrongful eviction from, wrongful entry into, any person or organization other than or invasion of the right of private occupancy of a another contractor or subcontractor room, dwelling or premises that a person working on the same project, occupies, committed by or an behalf of its Work that may need service, maintenance, owner, landlord or lessor; correction, repair or replacement, but which d. Oral or written publication, in any manner, of Is otherwise complete, will be treated as material that slanders or libels a person or completed, organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; CLI 00 01 04 13 insured Copy Page 17 of 19 Alaska National INat1RANCE COMPANY b. Does not include "bodily injury" or "property 21."Suit" means a civil proceeding in which damages damage"arising out of: because of "bodily Injury", "property damage" or (1) The transportation of property, unless the "personal and advertising Injury" to which this Injury or damage arises out of a condition in Insurance applies are alleged."Suit"includes: or on a vehicle not owned or operated by a. An arbitration proceeding in which such you, and that condition was created by the damages are claimed and to which the insured "loading or unloading" of that vehicle by any must submit or does submit with our consent;or insured;or b. Any other alternative dispute resolution (2) The existence of tools, untnstalled equipment proceeding in which such damages are claimed or abandoned or unused materials, and to which the insured submits with our IS."Property damage"means: consent or the"underlying insurer's"consent. a. Physical injury to tangible property, Including all 22•"Temporary worker" means a person who is resulting loss of use of that property. All such furnished to you to substitute for a permanent loss of use shalt be deemed to occur at the time "employee" on leave or to meet seasonal or short- of the physical injury that caused it;or term workload conditions. b. Loss of use of tangible property that Is not 23."Ultimate net loss" means the total sum, after physically injured. All such loss of use shall be reduction for recoveries or salvages collectible, that deemed to occur at the time of the "occurrence" the insured becomes legally obligated to pay as that caused it. damages by reason of settlement or judgments or any arbitration or other alternate dispute method With respect to the ownership, maintenance or use entered into with our consent or the "underlying of "covered autos", property damage also includes insurer's"consent. "pollution cost or expense", but only to the extent 24."Underlying insurance" means any policies of Insurance" or wouuldld have existed but for the that coverage under the "underlying Schedule of insurance listed"underlying in the Declarations under the n exhaustion of the underlying limits. N 9 Insurance", For the purposes of this insurance, with respect to 25."Underlying insurer" means any insurer who other than the ownership, maintenance or use of provides any policy of insurance listed in the "covered autos", electronic data is not tangible Schedule of"underlying Insurance". property. 26."Volunteer worker"means a person who is not your As used in this definition, electronic data means "employee", and who donates his or her work and information, facts or programs stored as or on, acts at the direction of and within the scope of created or used on, or transmitted to or from duties determined by you, and is not paid a fee, computer software (including systems and salary or other compensation by you or anyone else applications software), hard or floppy disks, CD- for their work performed for you. ROMs, tapes, drives, cells, data processing devices 27."Your product": or any other media which are used with a, Means: electronically controlled equipment. (1) Any goods or products, other than real 19."Retained limit" means the available limits of property, manufactured, sold, handled, underlying insurance" scheduled in the distributed or disposed of by: Declarations or the "self-insured retention", whichever applies. (a) You; 20."Self-insured retention' means the dollar amount (b) Others trading under your name;or listed in the Declarations that will be paid by the (c) A person or organization whose business insured before this insurance becomes applicable or assets you have acquired;and only with respect to "occurrences" or offenses not (2) Containers (other than vehicles), materials, covered by the underlying Insurance". The "self insured retention" does not apply to "occurrences" Parts or equipment furnished In connection with such goods or products. or offenses which would have been covered by I "underlying insurance" but for the exhaustion of applicable limits. CU 00 01 0413 Insured Copy Page 18 of 19 11 I! t Alaska National INSURANCE COMPANY b. Includes: b. Includes: I (1) Warranties or representations made at any (1) Warranties or representations made at any time with respect to the fitness, quality, time with respect to the fitness, quality, durability, performance or use of "your durability, performance or use of"your work; product';and and (2) The providing of or failure to provide (2) The providing of or failure to provide warnings or instructions. warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28."Your work': a. Means: (1) Work or operations performed by you or an your behalf;and (2) Materials, parts or equipment furnished in connection with such work or operations. I i I i i i f- i I ©Insurance Services Office, Inc., 2012 CU 00 0104 13 Insured Copy Page 19 of 19 j ENT 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,...... .......— 1-14 1-08 Prosecution and Progress .................................................. 1-19 1-09 Measurement and Payment ........ ........... ...... ......... ..... 1-23 1-10 Temporary Traffic Control ................................................. 1-25 DIVISION 2 EARTHWORK.............................................................2-1 2-02 Removal of Structures and Obstructions.............. 2-07 Watering ..........................................................................2-2 DIVISION 4 BASES.......................................................................4-1 4-04 Ballast and Crushed Surfacing .............................................4-1 DIVISION 5 SURFACE TREATMENTS AND PAVEMENTS .................5-1 5-04 Not Mix Asphalt .................................................................5-1 DIVISION 6 STRUCTURES ............................................................6-1 6-02 Concrete Structures ...........................................................6-1 6-11 Reinforced Concrete Walls.,...... ................ ....... ...6-1 DIVISION 7 DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS AND CONDUITS..................7-1 7-01 Drains..............................................................................7-1 7-08 General Pipe Installation Requirements .................................7-2 DIVISION 8 MISCELLANEOUS CONSTRUCTION ............................8-1 8-01 Erosion Control and Water Pollution Control .,....--...... ........8-1 8-02 Roadside Restoration..........................................................8-7 8-12 Chain Link Fence and Wire Fence .........................................8-8 DIVISION 9 MATERIALS...............................................................9-1 9-03 Aggregates .......................................................................9-1 9-14 Erosion Control and Roadside Planting ..................................9-1 PREVAILING WAGE RATES............................................................... A-1 GR Trail Wall RetrofittMadfai August 20, 2014 Project Number: 09-3005.7 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 I 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 Worts 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"DEFINITION, IS DELETED AND REPLACED WITH THE FOLLOWING; 1-01.3 Definitions Contract The written agreement between the Contracting Agency and the Contractor, It describes, among other things: GR Trail Wall Retrofit/Madfal 1 - 1 August 20, 2014 Project Number: 09-3005.7 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: I 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." i 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 rOLLOWINO: 1-02.1 Qualification of Bidders i 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"). I GR Trail Wall Retrofit/Madfai 1 - 2 August 20, 2014 Project Number: 09-30053 SECTION 1-02.2 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.2 Plans and Specifications Upon awarding the Contract, the City shall supply to the Contractor, for its own use, five (5) copies of the plans and specifications. Additional copies can be purchased from the City at the price specified by the City j or in the Invitation to Bid. I SECTION 1-02.5 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.5 Proposal Forms I Prospective bidders may obtain Bid Documents including a "Bid Proposal" for the advertised project from the City upon furnishing a non-refundable payment as specified in the "Invitation to Bid" or by downloading at no charge at www.kentwa.gov/procurement; however, a prospective bidder remains responsible to obtain Bid Documents, even if unable to download documents through City's internet connection, whether or not inability to access is caused by the bidder's or the City's technology. Bid Documents may be requested by mail, or picked up at the Public Works Engineering Department, 400 West Gowe Street, Second Floor, Kent, Washington 98032. SECTION 1-02.6 IS REVISED BY DELETING THE THIRD PARAGRAPH AND REPLACING WITH THE FOLLOWING: 1-02.6 Preparation of Proposal It is the Bidder's sole responsibility to obtain and incorporate all issued addenda into the bid. In the space provided on the Proposal Signature Page, the Bidder shall confirm that all Addenda have been received. All blanks in the proposal forms must be appropriately filled in. SECTION 1-02.6 IS SUPPLEMENTED BY ADDING THE FOLLOWING TO THE LAST PARAGRAPH: Proposals must contain original signature pages. FACSIMILES OR OTHER FORMS OF ELECTRONIC DELIVERY ARE NOT ACCEPTABLE AND ARE CONSIDERED NON-RESPONSIVE SUBMITTALS. SECTION 1-02.7 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.7 Bid Deposit A deposit of at least 5 percent of the total Bid shall accompany each Bid. This deposit may be cash, cashier's check, or a proposal bond (Surety bond). Any proposal bond shall be on the City's bond form and shall be signed by the Bidder and the Surety. A proposal bond shall not be conditioned in any way to modify the minimum 5-percent required, The Surety shall: (1) be registered with the Washington State j Insurance Commissioner, and (2) appear on the current Authorized GR Trail Wall Retrofit/Madlei 1 - 3 August 20, 2014 Project Number: 09-3005.7 I Insurance List in the State of Washington published by the Office of the Insurance Commissioner. i 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. i SECTION 1-02.9 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.9 Delivery of Proposal All bids must be sealed and delivered in accordance with the "Invitation to Bid." Bids must be received at the City Clerk's office by the stated time, regardless of delivery method, including U.S. Mail. SECTION 1-02.10 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.1 O 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. 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 I(a) AND REPLACING ITEM 1(a) WITH THE FOLLOWING: 1-02.13 Irregular Proposals a. The bidder is not prequalified when so required. GR Trail Wall Retrofit/Madfai 1 - 4 August 20, 2014 Project Number: 09-3005.7 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 two (2) 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. GR Trail Wall Retrofit/Madfai 1 - 5 August 20, 2014 Project Number: 09-3005.7 i 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 BY ADDING THE FOLLOWING TO THE FIRST PARAGRAPH: I 1-03.4 Contract Bond I 5. The Contract Bond shall remain in force for one year following the I Final Acceptance Date to ensure defects are corrected during the one-year guarantee period. I SECTION 1-03.7 IS 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. I SECTION 1-04.2 IS REVISED BY DELETING ITEMS 1 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 GR Trail Wall Retrofit/Madfai 1 - 6 August 20, 2014 Project Number: 09-3005.7 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 SUBPARAGRAPHS 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 with the Contract. SECTION 1-04.7 IS 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: �I 1-04.9 Use of Private Properties Limits of construction are indicated or defined on the plans, The Contractor shall confine all construction activities within these limits. 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 GR Trail Wall Retrofit/Madfai 1 - 7 August 20, 2014 Project Number: 09-3005.7 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. 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 and/or unneeded material left from grading, surfacing, or paving. 1-05 CONTROL OF WORK SECTION 1-05.4 IS REVISED BY DELETING THE LAST FOUR PARAGRAPHS. 1-05.4 Conformity With and Deviations From Plans and Stakes DIVISION 1 IS SUPPLEMENTED BYADDING THE FOLLOWING NEW SECTION: 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. 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. I 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 GR Trail Wall Retrofit/Madfai 1 - 8 August 20, 2014 Project Number: 09-3005.7 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. i SECTION 1-05.10 IS SUPPLEMENTED BY ADDING 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: 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. 2. Only minor incidental work, replacement of temporary substitute facilities, or correction or repair work remains to reach physical completion of the work. The Contractor's request shall list the specific items of work in subparagraph two above that remain to be completed in order to reach physical completion. The Engineer may also establish the Substantial Completion Date unilaterally. If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. However, if after this inspection, the Engineer does not consider the work substantially complete and ready for its intended use, the Engineer will, by written notice, notify the Contractor giving the reasons for the Engineer's determination. j GR Trail Wall Retrofit/Madfai 1 - 9 August 20, 2014 Project Number: 09-3005.7 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. 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. GR Trail Wall Retrofit/Madfai 1 - 10 August 20, 2014 Project Number: 09-3005.7 ii 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. i 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 PARAGRAP14 AND REPLACING WITH THE FOLLOWING: 1-05.13 Superintendents, Labor, and Equipment of Contractor Whenever the City evaluates the Contractor's qualifications pursuant to Section 1-02.1, the City may take these or other Contractor performance reports into account. Within ten (10) days of contract award, the Contractor shall designate the Contractor's project manager and superintendent for the contract work. If at any time during the contract work, the Contractor elects to replace the contract manager or superintendent, the Contractor shall only do so after obtaining the Engineer's prior written approval. SECTION 1-05,14 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 1-05.14 Cooperation With Other Contractors The City shall not be responsible for any damages suffered by the Contractor resulting directly or indirectly from the performance or attempted performance of any other City contract or contracts existing or known to be pending at the time of bid. GR Trail Wall Retroflt/Madfai 1 - 11 August 20, 2014 Project Number; 09-3005.7 SECTION 9-05 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW ' SECTIONS: 1-05.16 Water and Power The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work. 1-05.17 Oral Agreements i 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, unless subsequently put in writing and signed by an authorized agent of the City. 1-06 CONTROL OF MATERIAL SECTION 9-06.2(2) IS DELETED IN ITS ENTIRETY. 1-06.2(2) Statistical Evaluation of Materials for Acceptance SECTION 9-06 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTIONS; 1-06.6 Submittals 1-06.6(1) Submittal Procedures All information submitted by the Contractor shall be clear, sharp, high contrast copies. Contractor shall 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 GR Trail Wall RetrofittMadfai 1 - 12 August 20, 2014 Project Number: 09-3005.7 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. 3. Samples: Submit three labeled samples or three sets of samples of manufacturer's full range of colors and finishes unless otherwise directed. One approved sample will be returned to the Contractor. Content of submittals: 1 . Each submittal shall include all of the items required for a complete assembly 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. GR Trail Wall Retrofit/Madfai 1 - 13 August 20, 2014 Project Number: 09-3005.7 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: 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 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. 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 The Engineer retains the exclusive right, at his or her sole discretion, to j accept or reject any proposed equivalent with or without cause. j 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC SECTION 1-07. 1 IS DELETED AIVD REPLACED WITH THE FOLLOWING: 1-07.1 Laws to be Observed i The Contractor shall always comply with all Federal, State, or local laws, codes, rules and regulations that affect work under the contract. GR Trail Wall Retrofit/Madfai 1 - 14 August 20, 2014 Project Number: 09-3005.7 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. j SECTION 1-07.2 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.2 state Taxes 1-07.2(1) General The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1-07.2(1) through 1-07.2(4) are meant to clarify those rules. The Contractor 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. 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. j I 1-07.2(2) State Sales Tax — Rule 171 j 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. GR Trail Wall RetrofitlMadfai 1 - 15 August 20, 2014 Project Number: 09-3005.7 1-07.2(3) State Sales Tax ® Rule 170 WAC 458-20-170, and its related rules apply to the construction and j repair of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of j 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. 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: I 1-07.6 Permits and Licenses The City has obtained the following permits: Shoreline, SEPA j 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 with the laws, ordinances, rules, regulations, and orders. GR Trail Wall Retrofit/Madfai 1 - 16 August 20, 2014 Project Number: 09-3005.7 SECTION 1-07.9(1) IS SUPPLEMENTED BY INSERTING THE FOLLOWING PARAGRAPH AFTER THE SIXTH PARAGRAPH: 1-07.9(1) General The wage rates that will be in effect during the entire contract work period are those in effect on the day of bid opening, unless the City does not award the Contract within six months of the bid opening. The City will not adjust the Contractor's bid in the event the State or Federal Government adjusts the prevailing wage rates after the Bid Opening Date, SECTION 1-07.13(3) IS DELETED IN ITS ENTIRETY 1-07.13(3) Relief of Responsibility for Damage by Public Traffic SECTION 1-07.13(4) IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.13(4) Repair of Damage . The Contractor shall promptly repair all damage to either temporary or permanent work as directed by the Engineer. Alternatively, the Engineer may elect to accomplish repair by 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. 17 1S REVISED BY ADDING 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. 17 IS 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. i GR Trail Wall Retrofit/Madfai 1 - 17 August 20, 2014 Project Number: 09-3005.7 i 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. I 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 Nevie Jake Jerry Steele (253) 372-5368 (206) 391-1763 (425) 761-0471 (cell) Puget Sound Energy Veriaon Anita Yurovchak Brad Landis (253) 476-6304 (425) 201-0901 (206) 276-3635 (cell) (425) 766-1740 SECTION 9-07. 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. GR Trail Wall Retrofit/Madfai 1 - 18 August 20, 2014 Project Number: 09-3005.7 SECTION 1-07.24 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.24 Rights of Way Street right of way lines, limits of easements and limits of construction are indicated or defined on the plans. The Contractor's construction activities shall be confined within these limits, unless arrangements for use of private property are made. 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. 1-08 PROSECUTION ARID PROGRESS SECTION 1-08 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 1-08.0 Preconstruction Conference 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: I 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: GR Trail Wall Retrofit/Madfai 1 - 19 August 20, 2014 Project Number: 09-3005.7 i 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 1-08.4 IS DELETED AND REPLACED WITH THE FOLLOWING: I 1-08.4 Notice to Proceed, Prosecution and Hours of Work Notice to Proceed will be given after the contract has been executed and the contract bond and evidence of required insurance have been approved by and filed with the City. 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. GR Trail Wall RetrofitJMadfai 1 - 20 August 20, 2014 Project Number: 09-3005.7 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. 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. 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. GR Trail Wall Retrofit/Madfai 1 - 21 August 20, 2014 Project Number: 09-3005.7 The original and all supplemental progress schedules shall not conflict with any time and order-of-work requirements in the contract. If the Engineer deems that the original or any necessary supplemental progress schedule does not provide 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 9-08.5 IS REVISED BY DELETING THE THIRD PARAGRAPH AND REPLACING WITH THE FOLLOWING: 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 9-08.6 IS REVISED BY 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 costs 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 GR Trail Wall Retrofit/Madfai 1 - 22 August 20, 2014 Project Number: 09-3005.7 SECTION 1-08.7 MAINTENANCE DURING SUSPENSION IS REVISED BY DELETING THE FOURTH AND SIXTH PARAGRAPHS. SECTION 1-08.8 IS REVISED BY DELETING PARAGRAPHS 9 THROUGH 3 AND REPLACING THEM WITH THE FOLLOWING: 1-08.8 Extensions of Time The Contractor shall submit any requests for time extensions to the Engineer in writing no later than 10 working days after the delay occurs. The request shall be limited to the change in the critical path of the Contractor's schedule attributable to the change or event giving rise to the request. To be considered by the Engineer, the request shall be in sufficient detail (as determined by the Engineer) to enable the Engineer to ascertain the basis and amount of the time requested. The Contractor shall be responsible for showing on the progress schedule that the change or event: (1) had a specific impact on the critical path, and except in cases of concurrent delay, was the sole cause of such impact, and (2) could not have been avoided by resequencing of the work or other reasonable alternatives. The reasons for and times of extensions shall be determined by the Engineer, and such determination will be final as provided in Section 1- 05.1. ITEM 1 IN PARAGRAPH 7 IS DELETED AND REPLACED WITH THE FOLLOWING: 1 . Failure to obtain all materials and workers. 1-09 MEASUREMENT AND PAYMENT SECTION 1-09.2(1) IS REVISED BY REPLACING "TRUCKS AND TICKETS" WITH THE FOLLOWING: i 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 I i GR Trail Wall Retrofit/Madfai 1 - 23 August 20, 2014 Project Number: 09-3005.7 i 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 BY ADDING 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 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 9-09.11(3) IS DELETED AND REPLACED WITH T14E 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. GR Trail Wall Retrofit/Madfai 1 - 24 August 20, 2014 Project Number: 09-3005.7 I i It is further mutually agreed by the parties that when any claims or causes of action that a Contractor asserts against the City arising from this contract are filed with the City or initiated in court, the Contractor shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims or actions. SECTION 1-09. 13 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-09.13 Final Decision and Appeal All disputes arising under this contract shall proceed pursuant to Section 1-04.5 and 1-09.11 of the 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 only be by filing suit exclusively under the venue, rules and jurisdiction of the Superior Court of King County, located in Kent, Washington, unless the parties agree in writing to an alternative dispute resolution process. 1-10 TEMPORARY TRAFFIC CONTROL SECTION 1-10.1 IS SUPPLEMENTED BYADDING THE FOLLOWING: 1-10.1 General The Contractor shall provide all signs and other traffic control devices. 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. 1-10.3(3) Traffic Control Devices SECTION 1-10.3 IS SUPPLEMENTED BYADDING THE FOLLOWING NEW SECTION: 1-10.3(3)L Temporary Traffic Control Devices When the bid proposal includes an item for "Temporary Traffic Control Devices," the work required for this item shall be furnishing barricades, flashers, cones, traffic safety drums, and other temporary traffic control devices, unless the contract provides for furnishing a specific temporary traffic control device under another item. The item "Temporary Traffic Control Devices" includes: GR Trail Wall Retrofit/Madfai 1 - 25 August 20, 2014 Project Number: 09-3005.7 I . Initial delivery to the project site (or temporary storage) in good repair and in clean usable condition, 2. Repair or replacement when they are damaged and they are still needed on the project, and 3. Removal from the project site when they are no longer on the project. SECTION 1-10,5 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-10.5 Payment Payment will be made in accordance with Section 1 -04.1, for the following bid items when they are included in the Proposal: i The lump sum contract price for "Temporary Traffic Control Devices" shall be full pay for providing the work described in Section 1-10,3(3)L of the Kent Special Provisions. Progress payment for the lump sum item "Temporary Traffic Control Devices" will be made as follows: 1 . When the initial temporary traffic control devices are set up, 50 percent of the amount bid for the item will be paid. 2. Payment for the remaining 50 percent of the amount bid for the item will be paid on a prorated basis in accordance with the total job progress as determined by progress payments. When the proposal does not include a bid item for a specific bid item listed in the 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. GR Trail Wall Retrofit/Madfai 1 - 26 August 20, 2014 Project Number: 09-30053 DIVISION 2 ® EARTHWORK 2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS SECTION 2-02.1 IS SUPPLEMENTED BY ADDING THE FOI LOWING: 2-02.1 Description i This work also includes the repair of adjacent improvements that were not designated for removal, but that were damaged by the Contractor's operations. I SECTION 2-02.4 IS DELETED AND REPLACED WITH THE FOLLOWING. i 2-02.4 Measurement , Remove Existing Concrete Wall shall be measured per square foot of vertical wall surface area above the wall's footing. SECTION 2-02.5 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 2-02.5 Payment Payment will be made in accordance with Section 1-04.1 , for the following bid items when they are included in the Proposal: The unit contract price per square foot for "Remove Existing Concrete Wall" constitutes complete compensation for all labor, materials, tools, supplies and equipment necessary to remove the existing wall and footing as shown on the plans and described in the specifications. The unit bid price shall also include but not limited to excavation, removal, and disposal. The unit contract price per square yard for "Remove Existing Asphalt Concrete Pavement" constitutes complete compensation for all labor, materials, tools, supplies and equipment required to remove existing asphalt from sidewalk for a depth of 3 inches, and from roads for a depth of 6 inches. Included in this price is the cost of hauling and disposal of the asphalt pavement. Should the Contractor encounter pavement to be removed which is thicker than 6 inches it shall be paid according to the following formula: (Encountered thickness — 6 inches) x unit bid price_additional 6inches compensation i For example, if the Contractor encounters pavement to be removed which is 8 inches thick and its unit bid price was $2.00/SY then its additional compensation for the extra thickness would be: I GR Trail Wail Retrofit/Madfai 2 - 1 August 20, 2014 Project Number: 09-30053 i (8 - 6) x $2.006 = $0.671SY in addition to the unit price. No other compensation shall be allowed. The unit price contract price per lineal foot for "Saw Cut Existing Asphalt Concrete Pavement" constitutes complete compensation for all materials, labor and equipment required to saw cut existing pavement to a depth of 6 inches in accordance with the plans and specifications. Should the Contractor encounter pavement to be removed which is thicker than 6 inches, it shall be paid according to the following formula: (Encountered thickness - 6 inches) x unit bid price -6inches additional compensation For example, if the Contractor encounters pavement to be removed which is 8 inches thick and its unit bid price was $2.00/LF then its additional compensation for the extra thickness would be: I (8 - 6) x $2*00= $0.67/LF in addition to the unit bid price. No other compensation shall be allowed. A vertical saw cut shall be required between any existing pavement, sidewalk, or curb that is to remain and the portion to be removed. The costs of other types of pavement cutting, such as "wheel cutting", shall be considered incidental to other bid items and no payment will be allowed under this item unless the pavement is actually saw cut. The unit contract price per each for "Remove Existing Cabinet and Concrete Base" constitutes complete compensation for all labor, materials, tools, supplies and equipment to remove and dispose of the existing cabinet and base. This bid item shall include but is not limited to: disconnecting all existing utility lines; removing and disposing of the existing cabinet; and demolishing and disposing the existing concrete base. 2-07 WATERING SECTION 2-07.4 IS DELETED AND REPLACED WITH THE FOLLOWING: 2-07.4 Measurement The Contractor shall obtain a hydrant meter and permit from the City Maintenance Shop located at 5821 South 240th Street (253) 856-5600 to measure the quantities of water used. Hydrant wrenches are also available at the City Maintenance Shops at the Contractors option. No additional deposit is required for the hydrant wrench. The City shall provide all water that comes from the City water system. GR Trail Wall Retrofit/Madfai 2 - 2 August 20, 2014 Project Number: 09-3005.7 i I Prior to issuance of the hydrant meter (and wrench if applicable) and permit, the Contractor shall make a hydrant meter deposit to the City Customer Service Division located on the first floor of the Centennial Center at 400 West Gowe Street (253) 856-5200, The said deposit is refundable provided the Contractor returns the hydrant meter (and wrench if applicable) to the City Maintenance Shops undamaged. The Contractor shall provide his own gate valve on the hose side of the hydrant meter with which to control water flow. The hydrant meter permit duration is two (2) months. At the end of the permit duration, the Contractor shall deliver the hydrant meter (and wrench if applicable) to the City Maintenance Shops for reading. If the Contractor requires another hydrant meter and permit at the time a meter is returned to the City Maintenance Shops, he shall request a meter and one shall be provided. An additional meter deposit will not be required. The Contractors initial hydrant meter deposit shall be transferred to the new meter issued. Water shall be obtained from a City hydrant located near the construction site. A meter shall be placed on the hydrant by the Contractor prior to obtaining water from the hydrant. The meter shall be taken off the hydrant at the end of each day to protect against water and/or meter theft. The bid item for watering will be measured per hour for each full hour the water truck is operating on site or traveling directly between the site and the hydrant (including installation and removal of the meter). SECTION 2-07.5 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 2-07.5 Payment The unit contract price per hour for "Watering' shall be complete compensation for all labor, equipment, tools, supplies and materials to haul, deliver, and distribute water on the construction site as required to control dust, street cleaning, or as directed by the Engineer for other work. I I I i GR Trail Wall Retrofit/Madfai 2 - 3 August 20, 2014 Project Number: 09-3005.7 DIVISION 4 - ASE S i 4-04 BALLAST AND CRUSHED SURFACING 4-04.3 Construction Requirements SECTION 4-04.3(2) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 4-04.3(2) Subgrade j i The Contractor is responsible for any delays or costs incurred as a result of placing ballast or surface materials before approval is received from the Engineer. SECTION 4-04.3(5) IS DELETED AND REPLACED WITH THE FOLLOWING: 4-04.3(5) Shaping and Compaction Surfacing shall be compacted in depths not to exceed 6 inches except top course shall not exceed 2 inches unless otherwise directed. Density shall be at least 95 percent of maximum density per ASTM D-1557 using a nuclear gauge. Compaction of each layer must be approved by the Engineer before the next succeeding layer of surfacing or pavement is placed thereon. SECTION 4-04.3(7) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 4-04.3(7) Miscellaneous Requirements The Contractor is solely responsible for any delays or additional costs incurred as a result of placing ballast or succeeding courses of surfacing materials before approval to proceed is received from the Engineer. SECTION 4-04.5 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 4-04.5 Payment "Crushed Surfacing Top Course, 5/8 Inch Minus" "Gravel Backfill for Drains" "Gravel Backfill for Walls" The unit contract price per ton for the above items constitutes complete compensation for furnishing all labor, materials, tools, supplies, and equipment necessary to haul, place, finish grade, and compact the material as shown on the plans and described in the specifications. These items shall also be used for roadway or driveway remedial work or patching as requested by the Engineer. j �I i GR Trail Wall Retrofit/Madfai 4 -. 1 August 20, 2014 Project Number: 09-3005.7 DIVISION 5 ® SURFACE TR AT19f ENIS AND PAVEMENTS 5-04 HOT MIX ASPHALT I i SECTION 5-04.2 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 5-04.2 Materials Recycled materials such as Recycled Asphalt Pavement (R.A.P) for the pavement sections shall not be allowed. SECTION 5-04.3(7)A IS SUPPLEMENTED BY ADDING THE FOLLOWING: 5-04.3(7)A Mix Design The City at its option may approve a current WSDOT approved mix design, Class 1/2" in place of performing a mix design, provided, however, that such mix design shall include a minimum asphalt content of 5% by total mix weight and anti-stripping compound. Anti-stripping compound shall be added to the asphalt material in accordance with Section 9-02.4. If the City is not satisfied with the mix submitted, a full mix design will be performed. The City is not required tojustify to the Contractor its decision to perform a mix design. The City reserves the right to adjust the asphalt cement content based on mix design or approval of alternate mix designs submitted by the Contractor. SECTION 5-04.3(8)A IS DELETED AND REPLACED WITH THE FOLLOWING: 5-04.3(8)A Acceptance Sampling and Testing Acceptance Sampling and Testing shall be as follows: 1 . Asphalt Cement and Gradation: Extraction tests shall be taken every 500t tons as determined by the Engineer or each day whichever is less. 2. The Engineer is not precluded from taking more tests above if deemed necessary. 3. The Contractor is responsible to meet the required compacting asphalt cement content and gradation requirements. Averaging of test results will not be considered. Any deviation from the specification will be considered on a case-by-case basis by the Engineer and may require a credit to the City. The Engineer, however, is not obligated to accept out of specification work and j has the authority to require the removal and repaving of material that does not meet the contract specifications at the Contractor's expense. I SECTION 5-04.3(9) IS SUPPLEMENTED BY ADDING THE FOLLOWING: i 5-04.3(9) Spreading and Finishing Asphalt concrete Class 1/2" shall be compacted in lifts not to exceed 3 inches except that the final lift shall not exceed 2 inches unless GR Trail Wall Retroft/Madfai 5 - 1 August 20, 2014 Project Number: 09-3005.7 approved by the Engineer, The minimum compacted depth of Class B asphalt concrete shall be 1-112 inch. i SECTION 5-04.3(10) IS SUPPLEMENTED BYADDING THE FOLLOWING: i 5-04.3(10) Compaction I Density shall be at least 92 percent of maximum theoretical density (rice density). Compaction tests shall be performed by an approved geotechnical or testing firm under the direction of a professional civil engineer registered in the State of Washington. SECTION 5-04.3(90)B IS DELETED AND REPLACED WITH THE FOLLOWING: 5-04.3(10)B Control For Asphalt Concrete, where paving is in the traffic lanes, including lanes for ramps, truck climbing, weaving, speed changes, and left turn channelization, and the specified compacted course thickness is greater than 0,10 foot, the acceptable level of compaction shall be a minimum 92 percent of the maximum density as determined by WSDOT Test Method 705. The level of compaction attained will be determined as the average of not less than 5 nuclear density gauge tests taken on the day the mix is placed (after completion of the finish rolling) at randomly selected locations. The quantity represented by each lot will be no greater than a single day's production or approximately 400 tons, whichever is less. Control lots not meeting the minimum density standard shall be removed and replaced with satisfactory material. At the option of the Engineer, non-complying material may be accepted at a reduced price. Cores used to check density will be approved only when designated by the Engineer. I At the start of paving, if requested by the Contractor, a compaction test section shall be constructed as directed by the Engineer to determine the compactibility of the mix design. Compactibility shall be based on the ability of the mix to attain the specified minimum density (92 percent of the maximum density determined by WSDOT Test Method 705). HMA Class 3t8 inch PG 64-22 preleveling mix shall be compacted to 92 j percent of the maximum density. In addition to the randomly selected locations for tests of the control lot, the Engineer reserves the right to test any area which appears defective and to require the further compaction of areas that fall below acceptable density reading. These additional tests shall not impact the compaction evaluation of the entire control lot. GR Trail Wall RetrofitfMadfai 5 - 2 August 20, 2014 Project Number: 09-30053 SECTION 5-04.3(12) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 5-04.3(12) Joints The HMA overlay and widening shall be feathered to produce a smooth riding connection to the existing pavement where planing is not specified. HMA utilized in the construction of the feathered connections shall be modified by eliminating the coarse aggregate from the mix at the Contractor's plant or the commercial source or by raking the joint on the roadway, to the satisfaction of the Engineer. i The full depth end of each lane of planing shall be squared off to form a uniform transverse joint. The Contractor shall construct and maintain a temporary HMA wedge in accordance with Section 5-04.3(12)A across the entire width of the transverse edge when traffic is allowed on the planed surface prior to paving. The wedge shall be constructed before opening the lane to traffic. SECTION 5-04.3 IS SUPPLEMENTED OYADDING THE FOLLOWING NEW SECTIONS: 5-04.3(21) Temporary Pavement Temporary pavement including trench patches shall be installed where specified by the Engineer. SECTION 5-04.5 IS DELETED AND REPLACED WITH THE FOLLOWING: 5-04.5 Payment I Payment will be made in accordance with Section 1-04.1, for the following bid items when they are included in the Proposal: The unit contract price per ton for "HMA Class 112" PG 64-22" shall be full pay for all costs of material, labor, tools and equipment necessary for furnishing, installing and finishing the asphalt at locations shown on the plans, as specified herein and as directed by the Engineer. i I I I� li GR Trail Wall Retrofit/Madfai 5 - 3 August 20, 2014 Project Number: 09-3005.7 I DIVISION 6 - CONCRETE STRUCTURES 6-02 CONCRETE STRUCTURES SECTION 6-02.3(14)A IS SUPPLEMENTED BYADDING THE FOLLOWING: 6-02.3(14)A Class I Surface Finish All exposed surfaces of the wall shall be painted using "Washington Grey" color. 6-11 REINFORCED CONCRETE WALLS 6-11.3 Construction Requirements SECTION 6-11.3(4) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 6-11.3(4) Cast-In-Place Concrete Construction The resin bonded dowels embedment and installation shall be sufficient to develop the yield strength of the bar. The embedment and resin bonded installation shall be as required by the.Epoxy Resin manufacturer. No existing rebar shall be damaged during drilling for resin bonded bar or waterstop installation. Reinforcing steel shall be ASTM A706, Grade 60. The minimum lap splice length shall be 2'-0". The waterstop shall be rubber or PVC. The rubber waterstop shall conform to the Corps of Engineers CRD-0513. The PVC waterstop shall conform to Corps of Engineers CRD-0572. For construction joints between existing wall concrete and new concrete, refer to WSDOT Standard Specification Section 6-02.3(12)B Construction Joints Between Existing and New Construction. SECTION 6-11.4 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 6-11.4 Measurement The Type 1 wall and Type 2 wall shall be measured by the square foot of new vertical wall surface area above the wall's footing. SECTION 6-11.5 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 6-11.5 Payment The unit contract price per square foot of wall face for "Type 1 Wall" constitutes complete compensation for all labor, materials, tools, supplies and equipment necessary to construct the wall with footing as shown on the plans and described in the specifications. This includes but is not limited to: excavation; formwork; reinforcing steel; removal and disposal of rock pile; steel sleeve with epoxy resin; furnishing, GR Trail Wall Retrofit/Madfai 6 - 1 August 20, 2014 Project Number: 09-30053 mixing, placing, finishing and curing the concrete; painting;joint filler; anchor bolts; batten bar; epoxy; PVC retrofit waterstop; and all other items necessary to construct the wall and footing. The unit contract price per square foot of wall face for "Type 2 Wall" constitutes complete compensation for all labor, materials, tools, supplies and equipment necessary to construct the wall over the existing wall as shown on the plans and described in the specifications. This includes but is not limited to: excavation; waterstops; expansion joints; connecting to other wall types; formwork; reinforcing steel; furnishing, mixing, placing, finishing and curing the concrete; painting; cleaning and roughening the existing wall; providing the dowels; drilling j and installing the dowels;joint filler;joint sealer; steel sleeve with epoxy resin; and all other items necessary to construct the wall over the existing wall. I ill I I I i GR Trail Wall Retroflt/Madfai 6 - 2 August 20, 2014 Project Number: 09-3005.7 DIVISION 7 ® DRAINAGE STRUCTURES, SE ERS SANITARY SEWERS, WATER MAINS AND COND-URTS 7-01 DRAINS SECTION 7-01.2 IS SUPPLEMENTED BYADDING THE FOLLOWING. 7-01.2 Materials Materials for this project shall meet the requirements of the following sections: Geotextile Fabric..... ................................ ...........- 2-12.2 Gravel Backfill for Drains........................ ......... ... 9-03.12(4) SECTION 7-01.3 IS SUPPLEMENTED BYADDING THE FOLLOWING: 7-01.3 Construction Requirements 7-01.3(2) Under Drain Pipe The Contractor shall verify the existing underdrain pipe is free of defect (i.e., holes). The Contractor shall utilize TV inspection or similar method to verify the pipe's integrity. SECTION 7-01.5 IS SUPPLEMENTED BYADDING THE FOLLOWING: 7-01.5 Payment The lump sum contract price for "Verify Integrity of Existing Pipe" shall be complete compensation for all labor, materials, tools, supplies and equipment necessary to test and confirm the integrity of the existing underdrain pipe. The unit contract price per lineal foot for "Under Drain Pipe, 6 Inch Diameter" shall be complete compensation for all labor, materials, tools, supplies and equipment necessary to provide and install the drain pipe as shown on the plans and described in the specifications. Excavation costs shall be included in this bid item. Quantities used for pipe bedding shall be measured and paid separately under the appropriate bid item. The unit contract price per force account for "Existing Underdrain Pipe Repair or Replacement" shall be complete compensation for all labor, materials, tools, supplies and equipment necessary to repair or replace any damaged portion of the existing underdrain pipe. GR Trail Wall Retrofit/Madmi 7 - 1 August 20, 2014 Project Number: 09-3005,7 i i I 7-08 GENERAL PIPE INS'TALLATI®��l SECTION 7-08.2 1S SUPPLEMENTED BY ADDING THE FOLLOWING: 7-08.2 Materials All pipe shall be of the type and material specified in the bid proposal, shown on the plans or specified herein. All materials shall be new and undamaged. All materials used shall be subject to inspection by the City prior to use. The Contractor shall provide the City with shop drawings, manufacturer's specifications and certificates of materials as requested. The materials referred to herein shall conform to the applicable provisions of the WSDOT Standard Specifications, the Kent Special Provisions and the manufacturer's recommended installation procedures. SECTION 7-08.3(2) IS SUPPLEMENTED BYADDING THE FOLLOWING NEW SECTION: 7-08.3(2)J Pipe Laying - PVC For PVC pipe, the Contractor shall maintain a cover over the pipe to prevent temperature deformation caused by the sun and shall remove such cover only for a sufficient time to allow the pipe to be installed. I i GR Trail Wall RetrofiUMadfai 7 - 2 August 20, 2014 Project Number: 09-3005.7 i i DIVISION 8 - MISCELLANEOUS CONSTRUCTION I 8-01 EROSION CONTROL AND WATER POLLUTION CONTROL SECTION 8-01. 1 IS 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. The TESCP measure shown on the plans and described in the specifications shall only apply to work performed within the project limits and does not apply to the Contractor's staging area. The Contractor shall be responsible for providing TESCP at any staging area(s). All TESCP used at the staging area(s) shall be incidental to the project. The Contractor shall be responsible for any fines imposed by Ecology or any other regulatory agency for any violation at their staging area(s). The Contractor shall also be responsible for any cost of cleanup, delays, and down time to correct any deficiencies at the staging area(s). SECTION B-01.2 IS 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 Tackifier ...............................8-01 .3(2)E and 9-14.4(7) 8-01.3 Construction Requirements SECTION B-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 GR Trail Wall RetrofittMadfai 8 - 1 August 20, 2014 Project Number; 09-3005.7 I approved measures, all fines, cost of cleanup, costs for delays and 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. 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, j 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/laydown areas, and other areas utilized by the Contractor for completion of the work. Nothing in this section shall relieve the Contractor from complying with other contract requirements. SECTION 8-01.3(1)A /S SUPPLEMENTED BYADDING 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 GR Trail Wall Retrofit/Madfai B - 2 August 20, 2014 Project Number: 09-3005.7 SECTION 8-01.3(9) 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 3. City of Kent 2002 Surface Water Design Manual j i 8-01 .3(2) Seeding, Fertilizing and Mulching SECTION 8-01.3(2)B IS DELETED AND REPLACED WITH THE FOLLOWING: 8-01.3(2)B Seeding and Fertilizing Topsoil and all other unpaved and unsodded areas within easements and right-of-way 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, 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. Hydroseed mixture to be applied by an approved hydro seeder which j 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. GR Trail Wall Retrofit/Madfai 8 - 3 August 20, 2014 Project Number: 09-3005.7 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. 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. 3. Mulch: As needed to meet requirements of Sections 8-01 .3(2)D and 9-14.4. i 4. 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. I 5. If the slurry is used for temporary erosion control it shall be applied at the following rates: i GR Trail Wall Retrofit/Madfai 8 - 4 August 20, 2014 Project Number: 09-3005.7 j EROSION CONTROL: Seed 170 Ibs/acre of "Mix A" unless otherwise directed by Engineer. Wood Fiber 2,000 Ibs/ acre Tackifier 80lbs/acre SECTION 8-01.3(2)F IS REVISED BY DELETING THE FIRST THREE PARAGRAPHS AND REPLACING WITH THE FOLLOWING: 8-01.3(2)F Dates for Application of Final seed, Fertilizer, and Mulch Unless otherwise approved by the Engineer, the final application of seeding, fertilizing, and mulching of slopes shall be performed during the following periods: West of the summit of the Cascade Range - March 1 to May 15 and August 15 to October 1 . Where contract timing is appropriate, seeding, fertilizing, and mulching shall be accomplished during the spring period listed above. Written permission to seed after October 1 will only be given when physical completion of the project is imminent and the environmental conditions are conducive to satisfactory growth. SECTION 8-01.3(2)G IS SUPPLEMENTED BYADDING 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 BYADDING THE FOLLOWING: 8-01.3(2)H Inspection Inspection of seeded areas shall be made upon completion of seeding operations, at the end of the maintenance period, and at any time during the maintenance period. The Contractor shall reseed, 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. I 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. I GR Trail Wall Retrofit/Madfai 8 - 5 August 20, 2014 Project Number: 09-3005.7 I 8-01.3(9) Sediment Control Barriers SECTION 8-01,8(9)D IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.3(9)® 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 I 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 8-01,5 IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-01.5 Payment The unit contract price per square foot 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. All biofiltration swales. 3. Detention pond site. 4. Other areas as directed by the Engineer. Water, fertilizer and mulch shall be provided by the Contractor as necessary to maintain and establish the seeded areas and is considered incidental to this bid item. Topsoil Type B is considered incidental to this bid item unless a specific bid item is listed in the proposal. The 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. GR Trail Wall Retrofit/Madfai 8 - 6 August 20, 2014 Project Number: 09-3005.7 The unit bid per er lineal foot for "Filter Fabric Fence" constitutes P 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. The unit bid price per square foot for "Straw Mulch" constitutes complete compensation for all materials, tools, labor and equipment required for applying straw mulch on exposed soils for erosion control as directed by the Engineer. Straw shall be in an air-dried condition, and free of noxious weeds and other materials detrimental to plant life. The unit price per square foot for "Clear Plastic Covering" (6 mil polyethylene sheets) shall constitute complete compensation for furnishing, staking, maintaining and protecting, the material in place (including sand bags and stakes) on all exposed soils per the WSDOT Standard Specification and as directed by the Engineer. 8-02 ROADSIDE RESTORATION SECTION 8-02.1 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-02.1 Description Drawings and Specifications: Definitions: The word "provide" means "furnish and install" (for landscaping only). 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. i SECTION 5-02.1 IS SUPPLEMENTED DYADDING 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. i All plant materials shall meet requirements of State and Federal laws with respect to inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plant material and submitted to the Engineer, GR Trail Wall Retrofit/Madfai 8 - 7 August 20, 2014 Project Number: 09-3005.7 SECTION 8-02.2 IS DELETED AND REPLACED WITH THE FOLLOWING: 8-02.2 Materials Materials shall meet the requirements of the following sections: Topsoil Type A............................... 9-14.1 (1) Seed ........................ ........ ..................... 9-14.2 Fertilizer........ .......... ...... .............. 9-14.3 Mulch and Amendments......... ............. 9-14.4 Wood Cellulose Fiber ................................. 9-14.4(2) Erosion Control Devices ............................. 9-14.5 Water for Plants................ .......... ...... ..... 9-25.2 8-02.3 Construction Requirements SECTION 8-02.3(1) IS SUPPLEMENTED BYADDING 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 8-02.3(3) IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-02.3(3) Weed and Pest Control During the maintenance period, all weeds are to be removed by hand. SECTION 8-02.5 IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-02.5 Payment The unit contract price per cubic yard for "Topsoil Type " constitutes complete compensation for all labor, materials, tools and equipment necessary to supply and spread the topsoil in the areas shown on the plans, or where directed by the Engineer. This item includes but is not limited to the labor required for raking and compacting the topsoil, cleanup and complete preparation ready for seeding. 8-12 CHAIN LINK FENCE AND WIRE FENCE SECTION 8-12.1 IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-12.1 Description This work shall consist of installing new 6' high, 9 gauge chain link fence on the top of the new walls in accordance with the plans, these GR Trail Wall Retrofit/Madfai 8 - 8 August 20, 2014 Project Number: 09-3005.7 i specifications, and in reasonably close conformity with the line identified by the Engineer. SECTION 8-12.2 IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-12.2 Materials New fencing material shall be 6' high, 9 gauge chain link type I I I per Section 8-12 of the WSDOT Standard Specifications and per the satisfaction of the Engineer. New single 8' gate material shall be a 6' high, 9 gauge chain link type I per Section 8-12 of the WSDOT Standard Specifications and per the satisfaction of the Engineer. I New material shall meet the requirements shown in the plans or as directed by the Engineer. SECTION 8-12.4 IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-12.4 Measurement Removal and installation of new fence shall be measured by the linear foot of fence, along the base of the fence, exclusive of openings. SECTION 8-12.5 IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-12.5 Payment The unit contract price per linear foot for "Remove Existing Chain Link Fence" constitutes complete compensation for all labor, materials, tools, supplies and equipment required to remove and reinstall the fence as shown on the plans. Included in this price is the cost to remove and dispose of existing fence posts, fence fabric and hardware. "Install New Chain Link Fence" per linear foot. "Install New 8 Foot Chain Link Gate" per each. The unit contract price per each for "Modify Existing Chain Link Gate" constitutes complete compensation for all labor, materials, tools, supplies and equipment required to modify the existing chain link gate under the Central Avenue Bridge. Included in this price is the cost to remove the existing gate, modify the existing gate and terminal post to accommodate the new wall, and all other items needed for a fully functional gate. I i i GR Trail Wall Retrofit/Madfai 8 - 9 August 20, 2014 Project Number: 09-3005.7 i DIVISION 9 - MATERIALS 9-03 AGGREGATES i SECTION 9-03. 14(1) IS DELETED AND REPLACED WITH THE FOLLOWING: 9-03.14(1) Gravel Borrow Gravel Borrow material shall consist of pit-run granular material conforming to the following gradation: Sieve Size Percent Passing 3 Inch* 100 3/4 Inch 65 - 100 U.S. No. 4 25 - 70 U.S. No. 10 10 - 50 U.S. No. 40 0- 30 U.S. No. 200- 0 - 5 Sand equivalent 50 min. The maximum passing the U.S. No. 200 sieve is limited to five percent (5%) based on the minus #4 inch fraction. Sieve analysis shall be used to verify that this requirement is met. Recycled materials such as broken concrete or asphalt, shall not be allowed unless specifically authorized in advance by the Engineer. Where additional materials are required to formulate the street sub- base to the cross section denoted in the plans, said additional material shall be Gravel Borrow. * The maximum size of stone for geosynthetic reinforced walls or slopes shall be 100 percent passing 1 1/4 inch square sieve and 90 to 100 percent passing 1 inch square sieve, All other sieve values continue to apply. 9-14 EROSION CONTROL AND ROADSIDE PLANTING SECTION 9-14. 1(1) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 9-14.1 (1) Topsoil Type A i Topsoil Type A shall be free of weeds and consist of the Special Planting Mixture per Section 9-14.4(9) of these Kent Special Provisions with commercial fertilizers added as specified herein and having a pH range j of 5.0 to 6.0. SECTION 9-14.2 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 9-14.2 Seed Hydroseed: GR Trail Wall Retrofit/Madfai 9 - 1 August 20, 2014 Project Number: 09-3005.7 Seed shall be "Blue Tag" or certified quality. The Contractor shall deliver in unopened containers with mixture seed content and inert material content plainly marked on the outside of the container. Grasses used shall meet the following specifications: Mix A (Roadside and Erosion Gontrol Grass): Weight Seed Mix "A" Min. % Min. Flo Max. % Proportion In redient Pure Seed Germination _Weed Seed 45% Perennial R e rass 98% 90% 0.5% 45% Creeping Red Fescue _ 98% 85% 0.5% 10% Colonial Bent grass 98% 90% 0.5% 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. SECTION 9-14.4 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTIONS: 9-14.4(9) Special Planting Mixture Special planting mixture shall consist of three-way mix consisting of one part rotted manure, one part sandy loam, and one part peat by volume with commercial fertilizers added as specified herein and having a pH range of 5.0 to 6.0. Rotted manure shall consist of well-rotted, unleached cattle manure not containing more than one third part shavings, sawdust, or refuse and shall be free of noxious weed or grass seed. Peat shall consist of fibrous sedge, wood or reed type peat, containing less than twenty percent ash by dry weight. It shall have a moisture content of less than fifty percent by weight and shall have been thoroughly aerated during the drying process. Sandy loam shall consist of soil having a maximum clay content of ten percent by weight. In addition, soil particles shall meet the following requirements for grading: Passing 1 inch sieve (square opening) 100% Passing 1 mm sieve ......................... 80% minimum Passing 0,15 mm sieve ..................... 15% maximum GR Trail Wall RetrofittMadfai 9 - 2 August 20, 2014 Project Number: 09-3005.7 The sandy loam shall be free from subsoil, noxious weed seed and other foreign substances and shall have a pH factor of between 5.0 and 6.0. Maximum Electrical Conductivity shall be 2.0 milliohms. IiII i I GR Trail Wall Retrofit/Madfai 9 - 3 August 20, 2014 Project Number: 09-3005.7 PREVA ' ' NG WAGE RATES I I i GR Trail Wall Retrofit/Madfai A - 1 August 20, 2014 Project Number: 09-3005.7 Page 1 of 17 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: 09/09/2014 County Trade Job Classification Wa a Holiday Overtime Note King Asbestos Abatement Workers Journey Level $42.67 5D 1 H King Boilermakers Journey Level $64.44 5N 1C ,King Brick Mason Brick And Block Finisher $44.46 5A 1M King Brick Mason Journey Level $51.32 5A 1M King Brick Mason Pointer-Caulker-Cleaner $51.32 5A 1M King Building, Service Employees Janitor $21.29 5S- 2F King Building, Service Employees Traveling Waxer/Shampooer $21.70 5S 2F King Building Service Em 1p oyees Window Cleaner (Non-Scaffold) $24.94 5S 2F King Building Service Employees Window Cleaner (Scaffold) $25.80 55 2F King Cabinet Makers (In Shop) Journey Level $22.74 1 'King Carpenters Acoustical Worker $52.32 5D 1M ;King Carpenters Bridge, Dock And Wharf $52.32 5D 1M Carpenters King Carpenters Carpenter $52.32 5D 1M King Carpenters Carpenters on Stationary Tools $52.45 5D 1M King Carpenters Creosoted Material $52.42 5D 1M King Carpenters Floor Finisher $52.32 5D 1M King Carpenters Floor Layer $52.32 5D 1M King Carpenters Scaffold Erector $52.32 5D 1M King Cement Masons Journey Level $52.38 7A 1M King Divers Et Tenders Diver $105.37 5D 1M 8A King Divers Et Tenders Diver On Standby $59.50 5D 1M_ King Divers Et Tenders Diver Tender $54.82 5D 1M King Divers Et Tenders Surface Rcv Et Rov Operator $54.82 5D 1M King Divers Et Tenders Surface Rcv 8: Rov Operator $51.07 5A 1B Tender King Dredge Workers Assistant Engineer 1 $53.00 5D 3F King Dredge Workers Assistant Mate (Deckhand) 1 $52.58 5D 3F I Page 2 of 17 King Dredge Workers Boatmen $52.301 51) L I 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 Dredge Workers Oiler $52.58 5D 3F King Duvall Applicator Journey Level $52.32 5D 1 H King Dryw it�ra Tapers Journey Level $52.37, 5P 1 E King Electrical Fixture Maintenance Journey Level $25.84 5L 1 E Workers King Electricians - Inside Cable Splicer $65.69 X 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 Person $35.69 X zW 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 - Powertine Certified Line Welder $62.50 5A 4A Construction King Electricians - Powerline Groundperson $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 Mechanic $80.14 7D 4A King Elevator Constructors Mechanic In Charge $86.77 7D 4A King Fabricated Precast Concrete All Classifications - In-Factory $15.25 5B 111 Products Work Only King Fence Erectors Fence Erector $15.18 1 King Ragaers Journey Level $36,171 7A 31 King Glaziers Journey Level $54.91 7L ly King Heat Et Frost Insulators And Journeyman $60.93 5J is Asbestos Workers King Heating Equipment Mechanics Journey Level $70.37 7F 1E King lHod Carriers Et Mason Tenders Journey Level $44.00 7A 31 King industrial Power Vacuum Journey Level $9.32 AA1--- /nrt4 A Page 3 of 17 Cleaner King Intand Boatmen Boat Operator $54.57 5B I King Inland Boatmen Cook $50.95 5B 1K King Inland Boatmen Dockhand $51.19 5B 1K King Inland Boatmen Deckhand Engineer $52.18 5B 1K King Inland Boatmen Launch Operator $53.40 5B 1K King Inland Boatmen Mate $53.40 5B 1K King Inspection/Cleaning(Seating Of Cleaner Operator, Foamer $31.49 1 Sewer Et Water Systems BV Operator Remote Control King Inspection/CleaningfSeating Of Grout Truck Operator $11.48 1 Sewer It Water Systems By Remote Control King Inspection/Cleaning/Seating Of Head Operator $24.91 1 Sewer Et Water Systems By Remote Control King Inspection/Cleaning/Sealing of Technician $19.33 1 Sewer Et Water Systems By Remote Control ',King Inspection/Cleaning/Sealing Of Tv Truck Operator $20.45 1 Sewer Et Water Systems By Remote Control King Insulation Applicators Journey Level $52.32 5D 1M King Ironworkers Journeyman $61.62 7N 10 King Laborers Air, Gas Or Electric Vibrating $42.67 7A 31 Screed King Laborers Airtrac Dritl Operator $44.00 7A 31 King Laborers Ballast Regular Machine $42.67 7A 31 'King Laborers Batch Weighman $36.17 7A 31 King Laborers Brick Pavers $42.67 7A 31 King Laborers Brush Cutter $42.67 7A 31 :King Laborers Brush Hog Feeder $42.67 7A 31 King Laborers Burner $42.67 7A 31 King Laborers Caisson Worker $44.OD 7A 31 King Laborers Carpenter Tender $42.67 7A 31 King Laborers Caulker $42.67 7A 31 King Laborers Cement Dumper-paving $43.46 7A 31 King Laborers Cement Finisher Tender $42.67 7A 31 King Laborers Change House Or Dry Shack $42.67 7A 31 King Laborers Chipping Gun (under 30 Lbs.) $42.67 7A 31 King Laborers Chipping Gun(30 Lbs. And $43.46 7A 31 Over) i King Laborers Choker Setter $42.67 7A 31 King Laborers Chuck Tender $42.67 7A 31 King Laborers Clary Power Spreader $43.46 7A 31 King Laborers Clean-up Laborer $42.67 7A 31 King Laborers Concrete Dumper/chute $43.46 7A 31 L.}+«.r. //G...-+.......- ..... ......J1.,.: 1....... ,..1....1..... f-AM1/..�..1....1...... ......... nfnnfnA� A Page 4 of 17 Operator King Laborers Concrete Form Stripper $42.67 7A 31 King Laborers Concrete Placement Crew $43.46 7A 31 King Laborers Concrete Saw Operator/core $43.46 7A 31 Driller •King Laborers Crusher Feeder $36.17 7A 31 King Laborers Curing Laborer $42.67 7A 31 King Laborers Demolition: Wrecking a Moving $42.67 7A 31 (incl. Charred Material) King Laborers Ditch Digger $42.67 7A 31 King Laborers Diver $44.00 7A 31 King Laborers Drill Operator $43.46 7A 31 (hydrau(ic,diamond) King Laborers Dry Stack Walls $42.671 7A 31 King Laborers Dump Person $42.67 7A 31 King Laborers Epoxy Technician $42.67 7A 31 King Laborers Erosion Control Worker $42.67 7A 31 ?King Laborers Faller a Bucker Chain Saw $43.46 7A 31 King Laborers Fine Graders $42.67 7A 31 King Laborers Firewatch $36.17 7A 31 IKing Laborers Form Setter $42.67 7A 31 King Laborers Gabian Basket Builders $42.67 7A 31 King Laborers General Laborer $42.67 7A 31 King Laborers Grade Checker a Transit $44.00 7A 31 Person :King Laborers Grinders $42.67 7A 31 King Laborers Grout Machine Tender $42.67 7A 31 King Laborers Groutmen (pressure)including $43.46 7A 31 Post Tension Beams :King Laborers Guardrail Erector $42.67 7A 31 King Laborers Hazardous Waste Worker (level $44.00 7A 31 A) I King Laborers Hazardous Waste Worker (level $43.46 7A 31 B) King Laborers Hazardous Waste Worker (level $42.67 7A 31 C) King Laborers High Scaler $44.00 7A 31 King Laborers Jackhammer $43.46 7A 31 King Laborers Laserbeam Operator $43.46 7A 31 King Laborers Maintenance Person $42.67 7A 31 King Laborers Manhole Buitder-mudman $43.46 7A 31 King Laborers Material Yard Person $42.67 7A 31 King Laborers Motorman-dinky Locomotive $43.46 7A 31 King Laborers Nozzleman (concrete Pump, $43.46 7A 31 Green Cutter When Using Combination Of High Pressure Air a Water On Concrete a 4.++..... //F....-+«.....� ..... ......JL,.: J......,...I�.,.L... L.�... SA Mom..- Page 5 of 17 Rock, Sandblast, Gunite, Shotcrete, Water Bta King Laborers Pavement Breaker $43.46 7A 31 King Laborers Pilot Car $36.17 7A 31 King Laborers Pipe Layer Lead $44.00 7A 31 King Laborers Pipe Layer/tailor $43.46 7A 31 King Laborers Pipe Pot Tender $43.46 7A 31 King Laborers Pipe Refiner $43.46 7A 31 King Laborers Pipe Wrapper $43.46 7A 31 King Laborers Pot Tender $42.67 7A 31 King Laborers Powderman $44.00 7A 31 King Laborers Powderman's Helper $42.67 7A 31 King Laborers Power Jacks $43.46 7A 31 King Laborers Railroad Spike Puller - Power $43.46 7A 31 King Laborers Raker - Asphalt $44.00 7A 31 King Laborers Re-timberman $44.00 7A 31 King Laborers Remote Equipment Operator $43.46 7A 31 King Laborers Rigger/signal Person $43.46 7A 31 King Laborers Rip Rap Person $42.67 7A 31 King Laborers Rivet Buster $43.46 7A 31 King Laborers Redder $43.46 7A 31 King Laborers Scaffold Erector $42.67 7A 31 King Laborers Scale Person $42.67 7A 31 :King Laborers Sloper (over 20") $43.46 7A 31 :King Laborers Stoper Sprayer $42.67 7A 31 King Laborers Spreader (concrete) $43.46 7A 31 King Laborers Stake Hopper $42.67 7A 31 King Laborers Stock Piler $42.67 7A 31 King Laborers Tamper Et Similar Electric, Air $43.46 7A 31 Et Gas Operated Tools King Laborers Tamper (multiple Et Self- $43.46 7A 31 propelled) King Laborers Timber Person - Sewer (tagger, $43.46 7A 31 Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $42.67 7A 31 King Laborers Topper $42.67 7A 31 King Laborers Track Laborer $42.67 7A 31 King Laborers Track Liner (power) $43.46 7A 31 King Laborers Traffic Control Laborer $38.68 7A 31 8R King Laborers Traffic Control Supervisor $38.68 7A 31 8R King Laborers Truck Spotter $42.67 7A 31 King Laborers Tugger Operator $43.46 7A 31 King Laborers Tunnel Work-Compressed Air $64.99 7A 31 88 Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $70.02 7A 31 I n lnn JnnI n Page 6 of 17 i Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $73.70 7A 31 Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $79.40 7A 31 Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $81.52 7A 31 BD Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $86.62 7A 31 88 (' Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $88.52 7A 31 Worker 68.01-70.00 psi i King Laborers Tunnel Work-Compressed Air $90.52 7A 31 80 Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $92.52 7A 31 8Q Worker 72.01.74.00 psi 'King Laborers Tunnel Work-Guage and Lock $44.10 7A 31 88Q Tender King Laborers Tunnel Work-Miner $44.10 7A 31 King Laborers Vibrator $43.46 7A 31 King Laborers Vinyl Seamer $42.67 7A 31 :King Laborers Watchman $32.87 7A 31 :King Laborers Welder $43.46 7A 31 :King Laborers Well Point Laborer $43.46 7A 31 King Laborers Window Washer/cleaner $32.87 7A 31 King Laborers - Underground Sewer General Laborer a Topman $42.67 7A 31 £t Water ;King Laborers - Underground Sewer Pipe Layer $43.46 7A 31 £t Water King Landscape Construction Irrigation Or Lawn Sprinkler $13.56 1 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 $52.32 5D 1H King Marble Setters Journey Level $51.32 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 $53.42 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 King Modular Buildings Plumber $11.56 1 King Modular Buildings Production Worker $9.40 1 Page 7 of 17 King Modular Buildings Tool Maintenance $11.56 1 King Modular Buildings Utility Person $11.56 1 King Modular Buildings Welder $11.56 1 King Painters Journey Level $37.80 6Z 2B King Pile Driver Journey Level $52.57 5D 1M King Plasterers Journey Level $50.42 7] 1R King Playground & Park Equipment Journey Level $9.32 1 Installers King Plumbers Et Pipefitters Journey Level $74.69 6Z iG King Power Equipment Operators Asphalt Plant Operators $55.24 7A 3C 8P King Power Equipment Operators Assistant Engineer $51.77 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $54.75 7A 3C 8P King Power Equipment Operators Batch Plant Operator, $54.75 7A 3C 8P Concrete :King Power Equipment Operators Bobcat $51.77 7A 3C 8P King Power Equipment Operators Brokk- Remote Demolition $51.77 7A 3C 8P Equipment King Power Equipment Operators Brooms $51.77 7A 3C 8P King Power Equipment Operators Bump Cutter $54.75 7A 3C 8P King Power Equipment Operators Cabteways $55.24 7A 3C 8P King Power Equipment Operators Chipper $54.75 7A 3C 8P [ King Power Equipment Operators Compressor $51.77 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount $55.24 7A 3C 8P With Boom Attachment Over 42 M King Power Equipment Operators Concrete Finish Machine -laser $51.77 7A 3C 8P Screed King Power Equipment Operators Concrete Pump - Mounted Or $54.33 7A 3C 8P Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators Concrete Pump: Truck Mount $54.75 7A 3C 8P With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $54.33 7A 3C 8P "- I King Power Equipment Operators Cranes: 20 Tons Through 44 $54.75 7A 3C 8P Tons With Attachments King Power Equipment Operators Cranes: 100 Tons Through 199 $55.79 7A 3C 8P Tons, Or 150'Of Boom (Including Jib With Attachments) King Power Equipment Operators Cranes: 200 Tons To 300 Tons, $56.36 7A 3C 8P Or 250'Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: 45 Tons Through 99 $55.24 7A 3C 8P Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: A-frame - 10 Tons And $51.77 7A 3C 8P Under I Page 8 of 17 King Power Equipment Operators Cranes: Friction 100 Tons $56.36 7A 3C 8P Through 199 Tons I King Power Equipment Operators Cranes: Friction Over 200 Tons $56.92 7A 3C 8P King Power Equipment Operators Cranes: Over 300 Tons Or 300' $56.92 7A 3C 8P Of Boom (including Jib With Attachments) King Power EquipmentQeratprs Cranes: Through 19 Tons With $54.33 7A 3C 8P Attachments A-f rame Over 10 Tons King Power Equipment Operators Crusher $54.75 7A X 8P King Power Equipment Operators Deck Engineer/deck Winches $54.75 7A 3C 8P (power) King Power Equipment Operators Derricks, On Building Work $55.24 7A 3C 8P King Power Equipment Operators Dozers D-9 Et Under $54.33 7A 3C 8P (King Power Equipment Operators Drift Oilers: Auger Type, Truck $54.33 7A 3C 8P Or Crane Mount :King Power Equipment Operators Drilling Machine $54.75 7A 3C 8P King Power Equipment Operators Elevator And Man-lift: $51.77 7A 3C 8P Permanent And Shaft Type King Power Equipment Operators Finishing Machine, Bidwell And $54.75 7A 3C 8P Gamacc, Et Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs And Over $54.33 7A 3C 8P With Attachments I King Power Equipment Operators Forklifts: Under 3000 Lbs. With $51.77 7A 3C 8P Attachments King Power Equipment Operators Grade Engineer: Using Blue $54.75 7A 3C 8P Prints, Cut Sheets, Etc �sKing Power Equipment Operators Gradechecker/stakeman $51.77 7A 3C 8P I ;King Power Equipment Operators Guardrail Punch $54.75 7A X 8P King Power Equipment Operators Hard Tail End Dump $55.24 7A X 8P Articulating Off- Road Equipment 45 Yards. Et Over King Power Equipment Operators Hard Tait End Dump $54.75 7A X 8P Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators Horizontal/directional Drill $54.33 7A 3C 8P Locator King Power Equipment Operators Horizontal/directional Drill $54.75 7A X 8P Operator King Power Equipment Operators Hydralifts/boom Trucks Over $54.33 7A 3C 8P 10 Tons King Power Equipment Operators Hydratifts/boom Trucks, 10 $51.77 7A 3C 8P Tons And Under King Power Equipment Operators Loader, Overhead 8 Yards. Et $55.79 7A 3C 8P Over King Power Equipment Operators Loader, Overhead, 6 Yards. But $55.24 7A 3C 8P Not Including 8 Yards I I I King Power Equipment Operators Loaders, Overhead Under 6 $54.751 ZA 3C 8P Yards Page 9 of 17 King Power Equipment Loaders, Plant Feed $54.75 7A jC 8P King Power Equipment Operators Loaders: Elevating Type Belt $54.33 7A 3C 8P King Power Equipment Operators Locomotives, All $54.75 7A 3C 8P King Power Equipment Operators Material Transfer Device $54.75 7A 3C 8P King Power Equipment Operators Mechanics, All (teadmen - $55.79 7A 3C 8P $0.50 Per Hour Over Mechanic) King Power Equipment Operators Motor Patrol Grader - Non- $54.33 7A 3C 8P finishing I King Power Equipment Operators Motor Patrol Graders, Finishing $55.24 7A 3C 8P King Power Equipment Operators Mucking Machine, Mote, Tunnel $55.24 7A 3C 8P Drill, Boring, Road Header And/or Shield King Power Equipment Operators Oil Distributors, Blower $51.77 7A 3C 8P Distribution Et Mulch Seeding Operator :King Power Equipment Operators Outside Hoists (elevators And $54.33 7A 3C 8P Manlifts), Air Tuggers,strato :King Power Equipment Operators Overhead, Bridge Type Crane: $54.75 7A 3C 8P 20 Tons Through 44 Tons King Power Equipment Operators Overhead, Bridge Type: 100 $55.79 7A 3C 8P Tons And Over King Power Equipment Operators Overhead, Bridge Type: 45 $55.24 7A 3C SP Tons Through 99 Tons 'King Power Equipment Operators Pavement Breaker $51.77 7A 3C 8P King Power Equipment Operators Pile Driver (other Than Crane $54.75 7A 3C 8P Mount) King Power Equipment Operators Plant Oiler- Asphalt, Crusher $54.33 7A 3C 8P King Power Equipment Operators Pesthole Digger, Mechanical $51.77 7A 3C 8P �King Power Equipment Operators Power Plant $51.77, ZA 3C 8P ,King Power Equipment operator Pumps - Water $51.77 7A 3C 8P 'King Power Equipment Operators Quad 9, Hd 41, DID And Over $55.24 7A 3C 8P King Power Equipment Operators Quick Tower- No Cab, Under $51.77 7A 3C 8P 100 Feet In Height Based To Boom King Power Eguipment Operators Remote Control Operator On $55,24 7A 3C SP Rubber Tired Earth Moving Equipment King Power Equipment Operators Rigger And Bellman $51.77 7A 3C 8P King Power Equipment Operators Rottagon $55.24 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $51.77 7A 3C 8P King Power Equipment Operators Roller, Plant Mix Or Multi-lift $54.33 7A 3C 8P Materials King Power Equipment Operators Roto-mitt, Roto-grinder $54.75 7A 3C 8P King Power Equipment Operators Saws - Concrete $54.33 7A 3C 8P King Power Equipment Operators Scraper, Self Propelled Under $54.75 7A 3C 8P 45 Yards King Power Equipment Operators Scrapers - Concrete Et Carry All $54.33 7A 3C 8P King Power Equipment Operators Scrapers, Self-propelled: 45 $55.24 7A 3C 8P Page 10 of 17 Yards And Over King Power Equipment Operators Service Engineers - Equipment $54.33 7A 3C 8P King Power Equipment Operators Shotcretelgunite Equipment $51.77 7A 3C 8P King Power Equipment Operators Shovel , Excavator, Backhoe, $54.33 7A 3C 8P Tractors Under 15 Metric Tons. King Power Equipment operators Shovel, Excavator, Backhoe: $55.24 7A 3C 8P Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shove(, Excavator, Backhoes, $54.75 7A 3C 8P Tractors: 15 To 30 Metric Tons King Power Equipment Operators Shove(, Excavator, Backhoes: $55.79 7A 3C 8P Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators Shove(, Excavator, Backhoes: $56.36 7A 3C 8P Over 90 Metric Tons King Power Equipment Operators S(ipform Pavers $55.24 7A 3C 813 King Power Equipment Operators Spreader, Topsider It $55.24 7A X 8P Screedman King Power Equipment Operators Subgrader Trimmer $54.75 7A 3C 8P King Power Equipment Operators Tower Bucket Elevators $54.33 7A 3C 8P King Power Equipment Operators Tower Crane Over 175'in $56.36 7A 3C 8P Height, Base To Boom King Power Equipment Operators Tower Crane Up To 175' In $55.79 7A 3C 8P Height Base To Boom King Power Equipment Operators Transporters, All Track Or $55.24 7A 3C 8P Truck Type King Power Equipment Operators Trenching Machines $54.33 7A 3C 8P ?King Power Equipment Operators Truck Crane Oiler/driver - 100 $54.75 7A 3C 8P Tons And Over King Power Equipment Operators Truck Crane Oi(erfdriver Under $54.33 7A 3C 813 100 Tons King Power Equipment Operators Truck Mount Portable Conveyor $54.75 7A 3C 8P King Power Equipment Operators Welder $55.241 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farman Type $51.77 7A 3C BP King Power Equipment Operators Yo Yo Pay Dozer $54.75 7A 3C 8P `+ King Power Equipment Operators- Asphalt Plant Operators $55.24 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Assistant Engineer $51.77 7A 3C 8P Underground Sewer 8 Water i King Power Equipment Operators- Barrier Machine (zipper) $54.75 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Batch Plant Operator, $54.75 7A X 8P Underground Sewer 6: Water Concrete King Power Equipment operators- Bobcat $51.77 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Brokk - Remote Demolition $51.77 7A 3C 8P Underground Sewer Ft Water Equipment King Power Equipment Operators- Brooms $51.77 7A 3C 8P Underground Sewer & Water Page 11 of 17 King Power Equipment Operators- Bump Cutter $54.75 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cableways $55.24 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Chipper $54.75 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Compressor $51.77 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Concrete Pump: Truck Mount $55.24 7A 3C 8P Underground Sewer Et Water With Boom Attachment Over 42 M King Power Equipment Operators- Concrete Finish Machine -laser $51.77 7A 3C 8P Underground Sewer Et Water Screed King Power Equipment Operators- Concrete Pump - Mounted Or $54.33 7A 3C 8P , Underground Sewer Et Water Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators- Concrete Pump: Truck Mount $54.75 7A 3C 8P Underground Sewer Et Water With Boom Attachment Up To 42m King Power Equipment Operators- Conveyors $54.33 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 20 Tons Through 44 $54.75 7A 3C 8P Underground Sewer B Water Tons With Attachments King Power Equipment Operators- Cranes: 100 Tons Through 199 $55.79 7A 3C 8P Underground Sewer Et Water Tons, Or 150' Of Boom (Including Jib With Attachments) King Power Equipment Operators- Cranes: 200 Tons To 300 Tons, $56.36 7A 3C 8P Underground Sewer a Water Or 250' Of Boom (including Jib With Attachments) :King Power Equipment Operators- Cranes: 45 Tons Through 99 $55.24 7A 3C 8P Underground Sewer Et Water Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: A-frame- 10 Tons And $51.77 7A 3C 8P Underground Sewer a Water Under King Power Equipment Operators- Cranes: Friction 100 Tons $56.36 7A 3C 8P Underground Sewer Et Water Through 199 Tons King Power Equipment Operators- Cranes: Friction Over 200 Tons $56.92 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: Over 300 Tons Or 300' $56.92 7A 3C 8P Underground Sewer Et Water Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: Through 19 Tons With $54.33 7A 3C 8P Underground Sewer Et Water Attachments A-frame Over 10 Tons King Power Equipment Operators- Crusher $54.75 7A 3C 8P '± Underground Sewer Et Water King Power Equipment Operators- Deck Engineer/deck Winches $54.75 7A 3C 8P Underground Sewer Et Water (power) King Power Equipment Operators- Derricks, On Building Work $55.24 7A 3C I 8P I Page 12 of 17 Underground Sewer a Water I I King Power Equipment Operators- Dozers D-9 B Under $54.33 7A 3C SP Underground Sewer Et Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck $54.33 7A 3C 8P Underground Sewer rt Water Or Crane Mount King Power Equipment Operators- Drilling Machine $54.75 7A 3C 8P Underground Sewer F± Water King Power Equipment Operators- Elevator And Man-lift: $51.77 7A 3C 8P Underground Sewer Et Water Permanent And Shaft Type King Power Equipment Operators- Finishing Machine, Bidwell And $54.75 7A 3C 8P Underground Sewer & Water Gamaco Et Similar Equipment King Power Equipment Operators- Forklift: 3000 Lbs And Over $54.33 7A 3C 8P Underground Sewer Et Water With Attachments King Power Equipment Operators- Forklifts: Under 3000 Lbs. With $51.77 7A 3C 8P Underground Sewer Et Water Attachments King Power Equipment Operators- Grade Engineer: Using Blue $54.75 7A 3C 8P Underground Sewer Et Water Prints, Cut Sheets, Etc King Power Equipment Operators- Gradechecker/stakeman $51.77 7A 3C 8P Underground Sewer 8: Water �King Power Equipment Operators- Guardrail Punch $54.75 7A 3C SP Underground Sewer Et Water �King Power Equipment Operators- Hard Tait End Dump $55.24 7A 3C 8P Underground Sewer Et Water Articulating Off- Road Equipment 45 Yards. Et Over King Power Equipment Operators- Hard Tait End Dump $54.75 7A 3C 8P Underground Sewer Et Water Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators- Horizontat/directional Drill $54.33 7A 3C 8P Underground Sewer Et Water Locator King Power Equipment Operators- Horizontal/directional Drill $54.75 7A 3C 8P Underground Sewer F± Water Operator King Power Equipment Operators- Hydratifts/boom Trucks Over $54.33 7A 3C 8P Underground Sewer Et Water 10 Tons King Power Equipment Operators- Hydralifts/boom Trucks, 10 $51.77 7A 3C 8P Underground Sewer Ft Water Tons And Under King Power Equipment Operators- Loader, Overhead 8 Yards. Et $55.79 7A 3C 8P Underground Sewer Et Water Over I i King Power Equipment Operators- Loader, Overhead, 6 Yards. But $55.24 7A 3C 8P Underground Sewer a Water Not Including 8 Yards King Power Equipment Operators- Loaders, Overhead Under 6 $54.75 7A 3C 8P Underground Sewer Et Water Yards I King Power Equipment Operators- Loaders, Plant Feed $54.75 7A 1C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders: Elevating Type Belt $54.33 7A 3C Underground Sewer a Water King Power Equipment Operators- Locomotives, Alt $54.75 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Material Transfer Device $54.75 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Mechanics, Alt (teadmen - $55.79 7A 3C 8P Page 13 of 17 Underground Sewer a Water $0.50 Per Hour Over Mechanic) King Power Equipment Operators- Motor Patrol Grader - Non- $54.33 7A 3C 8P Underground Sewer Et Water finishing King Power Equipment Operators- Motor Patrol Graders, Finishing $55.24 7A 3C 8P Underground Sewer Et Water :King Power Equipment Operators- Mucking Machine, Mole, Tunnel $55.24 7A 3C 8P Underground Sewer Et Water Drill, Boring, Road Header And/or Shield King Power Equipment Operators- Oil Distributors, Blower $51.77 7A 3C 8P Underground Sewer Ft Water Distribution Et Mulch Seeding Operator King Power Equipment Operators- Outside Hoists (elevators And $54.33 7A 3C 8P Underground Sewer Ft Water Mantifts), Air Tuggers,strato King Power Equipment Operators- Overhead, Bridge Type Crane: $54.75 7A 3C 8P Underground Sewer B Water 20 Tons Through 44 Tons King Power Equipment Operators- Overhead, Bridge Type: 100 $55.79 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Overhead, Bridge Type: 45 $55.24 7A K LP Underground Sewer Et Water Tons Through 99 Tons King Power Equipment Operators- Pavement Breaker $51.77 7A 3C 8P Underground Sewer Et Water ;King Power Equipment Operators- Pile Driver (other Than Crane $54.75 7A 3C 8P Underground Sewer Et Water Mount) :King Power Equipment Operators- Plant Oiler -Asphalt, Crusher $54.33 7A 3C 8P Underground Sewer & Water I King Power Equipment Operators- Posthote Digger, Mechanical $51.77 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Power Plant $51.77 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pumps -Water $51.77 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $55.24 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quick Tower - No Cab, Under $51.77 7A 3C 8P Underground Sewer Et Water 100 Feet In Height Based To Boom King Power Equipment Operators- Remote Control Operator On $55.24 7A 3C 8P Underground Sewer Et Water Rubber Tired Earth Moving Equipment King Power Equipment Operators- Rigger And Bettman $51.77 7A 3C 8P Undergr ound Sewer Et Water King Power Equipment Operators- Rollagon $55.24 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $51.77 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Plant Mix Or Multi-lift $54.33 7A 3C 8P Underground Sewer Et Water Materials King Power Equipment Operators- Roto-mill, Roto-grinder $54.75 7A 3C SP lUnderground Sewer &. Water I King lPower Equipment Operators- Saws - Concrete $54.33 7A 3C 8P P8q8 140f17 Underground Sewer 8: Water King Power E�guiggIg9l Operators- Scraper, Self Propelled Under $54.75 7A 3C 8P Underground Sewer r± Water 45 Yards King Power Equipment Operators- Scrapers - Concrete 8: Carry All $54.33 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Scrapers, Self-propelled: 45 $55.24 7A 3C 8P Underground Sewer Et Water Yards And Over King Power Equipment Ope mtors- Service Engineers - Equipment $54.33 7A 3C 8P Underground Sewer Ft Water I I King Power Equipment Operators- Shotcrete/gumte Equipment $51.77 7A 3C 8P Under�,3round Sewer Et Water King Power Eguipment Operators- Shovel , Excavator, Backhoe, $54.33 7A 3C 8P Underground Sewer Et Water Tractors Under 15 Metric Tons. King Power Equipment Operators- Shovel, Excavator, Backhoe: $55.24 7A 3C 8P Underground Sewer Et Water Over 30 Metric Tons To 50 Metric Tons �King Power Equipment Operators- Shovel, Excavator, Backhoes, $54.75 7A 3C 8P Underground Sewer Et Water Tractors: 15 To 30 Metric Tons ,King Power Equipment Operators- Shovel, Excavator, Backhoes: $55.79 7A 3C 8P Underground Sewer Ft Water Over 50 Metric Tons To 90 Metric Tons King Power Equipment OLtrg4tors- Shovel, Excavator, Backhoes: $56.36 7A 3C BP Underground Sewer It Water Over 90 Metric Tons King Power Eon pment Operators- Stipform Pavers $55.24 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Spreader, Topsider Et $55.24 7A 3C 8P Underpround Sewer Et Water Screedman King Power Equipment Operators- Subgrader Trimmer $54.75 7A 3C 8P Underground Sewer Et Water :King Power Equipment Operators- Tower Bucket Elevators $54.33 7A 3C 8P Underground Sewer a Water I :King Power Equipment Operators- Tower Crane Over 175'in $56.36 7A X 8P Underground Sewer Et Water Height, Base To Boom King Power Equipment Operators- Tower Crane Up To 175' In $55.79 7A 3C 8P Underground Sewer Ft Water Height Base To Boom King Power Equipment Operators- Transporters, All Track Or $55.24 7A 3C 8P Underpround Sewer Et Water Truck Type King Power Equipment Operators- Trenching Machines $54.33 7A 3C 8P Underground Sewer Et Water I King Power Equipment Operators- Truck Crane Oiter/driver - 100 $54.75 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Truck Crane Oiler/driver Under $54.33 7A 3C SP Underground Sewer Et Water 100 Tons King Power Eguipment OI)erators- Truck Mount Portable Conveyor $54.75 7A 3C 8P Underground Sewer 8: Water King Power Equipment Operators- Welder $55.24 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Wheel Tractors, Farmalt Type $51.77 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Yo Yo Pay Dozer $54.751 7A 3C 8P Page 15 of 17 Underground Sewer 8 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 Operator $44.86 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer $40.08 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer Groundperson $30.20 5A 4A Trimmers King Refrigeration Et Air Journey Level $72.46 6Z 1G Conditioning. Mechanics King Residential Brick Mason Journey Level $51.32 5A 1M King Residential Carpenters Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Applicators Journey Level $40.14 5D 1M King Residential Drywall Tapers Journey Level $52.37 5P 1 E :King Residential Electricians Journey Level $30.44 1 King Residential Gtaziers Journey Level $36.20 7L 1H King Residential Insulation Journey Level $26.28 1 Applicators King Residential Laborers Journey Level $23.03 1 King Residential Marble Setters Journey Level $24.09 1 !King Residential Painters Journey Level $24.46 1 King Residential Plumbers & Journey Level $34.69 1 Pipefitters King Residential Refrigeration a Air Journey Level $72.46 6Z 1G Conditioning Mechanics King Residential Sheet Metal Journey Level (Field or Shop) $42.58 7F 1 R Workers 'King Residential Soft Floor Lavers Journey Level $42.41 5A 3D King Residential Sprinkler Fitters Journey Level $42.48 5C 2R (Fire Protection) King Residential Stone Masons Journey Level $51.32 5A 1M King Residential Terrazzo Workers Journey Level $46.96 5A 1M King ResidentialTerrazzotTile Journey Level $21.46 1 Finishers King Residential Tile Setters Journey Level $25.17 1 King Roofers Journey Level $44.711 5A 3H King Roofers Using Irritable Bituminous $47.71 5A 3H Materials King Sheet Metal Workers Journey Level (Field or Shop) $70.37 7F 1E King Shipbuilding Ft Ship Repair Boilermaker $40.72 7M 1H King Shipbuilding Et Ship Repair Carpenter $39.24 7T 2B King Shipbuilding Et Ship Repair Electrician $39.28 7T 4B King Shipbuilding Et Ship Repair Heat 8 Frost Insulator $60.93 5J 1S Page 16 of 17 King Shipbuildinq Et Ship Repair Laborer $39.341 7T 4B I King Shipbuilding B: Ship Repair Machinist $39.32 7T 4B King Shipbuilding Et Ship Repair Operator $39.22 7T 4B King Shipbuilding Ft Ship Repair Painter $39.31 7T 4B King Shipbuilding Et Ship Repair Pipefitter $39.22 7T 4B King Shipbuilding Et Ship Repair Rigger $39.30 7T 4B King Shipbuilding a Ship Repair Sheet Metal $39.27, 7T 48 King Shipbuilding Et Ship Repair Shipfitter $39.30 7T 413 King Shipbuilding a Ship Repair Trucker $39.10 7T 4B King Shipbuilding Q± Ship Repair Warehouse $39.17 7T 413 King Shinbuitchng Et Ship Repair Welder/Burner $39.30 7T 4B King Sign Makers Et Installers Sign Installer $22.92 1 (Electrical) I King Sign Makers 6: Installers Sign Maker $21.36 1 JEkqrkLaU 'King Sign Makers Et Installers (Non- Sign Installer $27.28 1 Electrical) King Sign Makers Et Installers (Non- Sign Maker $33.25 1 Electrical King Soft Floor Layers Journey Level $42.411 5A 3D ;King Solar Controls For Windows Journey Level $12.44 1 'King Sprinkler Fitters (Fire Journey Level $69.59 5C LX ?Lqitgikn) I King Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural} King Stone Masons Journey Level $51.32 5A 1M King Street And Parking Lot Journey Level $19.09 1 Sweeper Workers King Surveyors Assistant Construction Site $54.33 7A X 8P Surveyor 'King Surveyors Chainman $53.81 7A X 8P King Surveyors Construction Site Surveyor $55.24 7A X 8P ,King Telecommunication Journey Level $22.76 1 Technicians King Telephone Line Construction - Cable Splicer $36.96 5A 2B Outside King Telephone Line Construction - Hole Digger/Ground Person $20.49 5A 2B Outside King Telephone Line Construction - Installer (Repairer) $35.40 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer 1 $36.96 5A 2B Outside King Telephone Line Construction - Special Apparatus Installer 11 $36.19 5A 2B Outside I I King Telephone Line Construction - Telephone Equipment Operator $36.96 5A 22B Outside (Heavy) King Telephone Line Construction - Telephone Equipment Operator $34.34 5A LB Outside (Light) Page 17 of 17 King Telephone Line Construction - Telephone Lineperson $34.34 5A 2B Outside King Telephone Line Construction - Television Groundperson $19.45 5A 2B Outside King Telephone Line Construction - Television Lineperson/instalter $25.89 5A 2B Outside King Telephone Line Construction - Television System Technician $30.97 5A 2B Outside King Telephone Line Construction - Television Technician $27.77 5A 2B Outside King Telephone Line Construction - Tree Trimmer $34.34 5A 2B Outside King Terrazzo Workers Journey Level $46.96 5A 1M King Tile Setters Journey Level $21.65 i King Tite, Marble Et Terrazzo Finisher $37.79 5A I B Finishers King Traffic Control Stripers Journey Level $43.11 7A 1K King Truck Drivers Asphalt Mix Over 16 Yards (W. $48.87 5D 3A 81. WA-Joint Council 28) King Truck Drivers Asphalt Mix To 16 Yards (W. $48.03 5D 3A 8L WA-Joint Council 28) King Truck Drivers Dump Truck Et Trailer $48.87 5D 3A 81. :King Truck Drivers Dump Truck (W. WA-Joint $48.03 5D !A 81. Council 28) King Truck Drivers Other Trucks (W. WA-Joint $48.87 5D 3A 8L Council 28) King Truck Drivers Transit Mixer $43.23 King Well Drillers Ft Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers Et Irrigation Pump Oiler $12.97 1 Installers I I King Welt Drillers Et Irrigation Pump Welt Driller $18.00 Installers Benefit Code Key—Effective 8-31-2014 thru 3-3-2015 1,fi%%9::f>:k,:%%H:%v%k%Y:%f%kY,:%%%;k x,%%fx�:%%%%%%%i:'.F%%%f%%:f%ft.%:f%:V:F%:Rk V:rfi t::Y'f%%•k%i:'.f r%:k$%%k>::F%::rk%%%:F%�':%%;4 Ye%%Y,eM%%%%Y%%%%%F%%k%k*N::k Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker. On public works projects,the hourly rate most 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 WAGF,, B. All bows worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays andholidays shall be paid at double the hourly rate of wage. C. The fast two(2)hours after eight(8) regular hours Monday through Friday and the first ten (10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two(2)hours before or after a five-eight(8)hour workweek day or a four-ten(10)hour workweek day and the first eight(8)hours worked the next day after either workweek shall be paid at one and one-half times the hourly j rate of wage.All additional hours worked and all worked on Sundays and holidays shall be paid at double the howdy j 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 howdy 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 horns 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 atone and one-half times the howdy rate of wage. All hours worked Monday ' through Saturday over twelve (12)hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1. All hours worked 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 howdy 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 shalt 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 howl 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 Benefit Code Key—Effective 8-31-2014 thru 3-3-2015 1. N. All horns worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage.Alt 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)horns,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 shalt be paid at one and one-half times the hourly rate of wage. Alt horns 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 horns worked in excess often (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 tithes 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 tunes 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 clay shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12)hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday,Friday, and the day after Sunday,Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee)and all hours worked in excess of eight(8)homes 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. I 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 Key—Effective 8-31-2014 thru 3-3-2015 2. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY (40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage, C. All hors worked an Sundays shall be paid at one and one-half tiros 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 die 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 tunes the hourly rate of wage including holiday pay. I H. All howl 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. O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty(60)in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half tunes 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 atone 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 Pour-day, ten-liour weekly schedule,either Monday thin Thursday or Tuesday thru Friday schedule,all hours worked after ten shall be paid at double the hourly rate of wage.The first eight(8)hours worked on the fifth day shall be paid at one and one-half times the hourly rate of wage.All other hours worked on the fifth,sixth,and seventh days and an 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 put 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. 3 Benefit Code Key—Effective 8-31-2014 thru 3-3-2015 3. C. Work performed in excess of eight(8)bours 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 pin Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage. After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. D. All homy 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,their 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 15tb and March 15th shall be compensated at one and one half(1-1/2)times the regular rate of pay. I. All homy 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 WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight(8)hours per day or forty(40)hours per week shall be paid at double the hourly rate of wage.All hours worked on Saturdays,Sundays and holidays shall be paid at double the hourly rate of wage. B. All hours worked over twelve(12)hours per day and all hours worked on holidays shall be paid at double the hourly rate of wage. Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,and Christmas Day(7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,the day before Christmas,and Christmas Day(8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8). 4 Benefit Code Key—Effective 8-31-2014 thru 3-3-2015 5. 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). II. 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,Lhdependence Day, Labor Day, Thanksgiving Day, and Christmas Day (6)• J. Holidays: New Year's Day, Memorial Day, Independence Day,Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day,And Christmas Day(7). K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day,The Day Before Christmas, And Christmas Day(9). L. Holidays: New Year's Day, Martin Luther Icing Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Friday After Thanksgiving Day,And Christmas Day(8). N. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,The Friday After Thanksgiving Day,And Christmas Day(9). P. Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday, Q. Paid Holidays:New Year's Day,Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day(6). R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day,One-Half Day Before Christmas Day,And Christmas Day. (7 1/2). 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)• i 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). Holiday Codes Continued 6. A. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,The Friday After Thanksgiving Day,And Christmas Day(8). E. Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day,Labor Day,Thanksgiving Day, Day After Thanksgiving Day, Christmas Day, And A Half-Day On Christmas Eve Day,(9 1/2), G. Paid Holidays:New Year's Day,Martin Luther King Jr. Day,Presidents'Day,Memorial Day,Independence Day, Labor Day,Veterans'Day,Thanksgiving Day,The Friday After Thanksgiving Day,Christmas Day,And Christmas Eve Day(11). 5 Benefit Code Key—Effective 8-31-2014 thru 3-3-2015 6. H. Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence -Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday(10), I. Paid Holidays:New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday After Thanksgiving Day, And Christmas Day(7). 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 Fallowing Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the '.... preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a '..... Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after 'Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on li the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the last working day before Christmas day and Christmas day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays:New Year's Day,Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. I H. Holidays: New Year's Day, Martin Lather King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day,the Friday ater 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. 6 Benefit Code Key—Effective 8-31-2014 thru 3-3-2015 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. I. Holidays: New Year's Day,Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday, K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday, Any holiday which falls oil 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 allot '..... 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. 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. T. 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 falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 7 Benefit Code Key-Effective 8-31-2014 thru 3-3-2015 Note Codes I 8. A. Iu addition to the hominy wage and fiinge 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. 11, Workers on hazmat projects receive additional hourly premiums as follows-Level A: $0.75,Level B: $0.50,And Level C: $0.25. j M. Worker 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 fifieen(15)minutes during the shift shall be used in determining the scale paid. R. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular,bicycle, and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on. approved'1'raffic 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 shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012. T. Effective August 31,2012—A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular,bicycle,and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer.All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012. 8