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PW16-384 - Original - Watershed Environmental Solutions, LLC - Briscoe-Desimone Levee Improvements: Reach 1 Mitigation Planing - 11/4/2016
® Records "s ' K NT y ^"x. s$^ Document WAS 4GTON Lt '1t x' 4t'�'•'uwr. y rtA� Y,: G ss ✓ 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: Watershed Environmental Solutions Vendor Number: JD Edwards Number Contract Number: 11� �p ' ` { This is assigned by City Clerk's Office Project Name: Briscoe-Desimone Levee Improvements - Reach 1 Mitigation Planting Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: 11 � ljly Contract Effective Date: Date of the Mayor's signature Termination Date: 50 Working days Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Contract Amount: $240,457.34 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): The project consists of installing planting and maintaining 200 native trees and 5,000 s rubs along tie men River. As of: 08/27/14 CITY OF KENT KING COUNTY, WASH I NGTON KENT SPECIAL PROVISIONS FOR Briscoe-Desimone Levee Improvements Reach 1 RM 14 .75 to 14.96 Mitigation Planting Project Number: 09-3011 BIDS ACCEPTED UNTIL BID OPENING October 11 , 2016 October 11 , 2016 10:45 A.M. 11 :00 A.M. DELIVER TO C 1 TY OF KENT, C I TY HALL 220 4th Avenue S., Kent, WA 98032-5895 TIMOTHY J. LAPORTE, P.E. PUBLIC WORKS DIRECTOR • KENT WASHINGTON I i PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director 400 West Gowe - Kent, WA 98032 KE�T Fax: 253-856-6500 PHONE: 253-856-5500 CITY OF KENT KING COUNTY, WASHINGTON Briscoe-Desimone Levee Improvements Reach 1 RM 14075 to 14.96 Mitigation Planting Project Number: 09-3011 ADDENDUM No. 1 October 5, 2016 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 STRIKETH ROUGH I - KENT SPECIAL PROVISIONS Page 1-14 - Section 1-07.6 - Permits and Licenses REVISE this section as follows: The City has obtained the following permits: Nene Hydraulic Project Approval (FfPA) Construction Storrrnwater General Permit SEPA Determination of on-Significance City of Tukwila Shoreline Development Department ofArchaeology & Historic Preservation Concurrence Page 1-16 - Section 1-07.17(6) - Site Inspection o ADD the following contact: m � City of Tukwila Water and Seiner Mike Cusick 3 206-431-2441 3 3 Q) MAYOR SUZETTE COOKED--n€u,_s i Page 1-17 — Section 1-07.24 — Rights of Way DELETE the first instance of this section located on page 1-17. Keep this section located on page 1-18. 1- 07-i -u ° �tiz�`—r` z3y--}i14��Fmit-'s©�-G'z"BSSf�tE#itsz"Tf# i>i rt�c3-criz�orrsT=act� @ ln&eated-or de€ struc-tion-aetMbes "iizr{- c.-eBffrrrrCix-b'vrcrmr�nB mitsj--u ales{saFrafig tE.' property £, is an E pa"ed tl ra t tk?e tty nft ors - -the-start of construction—Locatiat-rs + hclzsnn g1��aVE-nf�-3eE'-f ?t$ ied� "II Foe brought Contractor's atten T{iC-ccsncrxxczc�r-sr�{I-R4$-j7r0£'eE.'d-wttl't-z3t'Yy 38rtivrivrthe wvr crc fight-o€-way,-ease d Win-acquired-uirrtiF#e Engia that-the-right of wa"r nt is availadle or that--the-righht from: n�r TI "50116S4.-N iT7-G TL—T"QPi.S - Q°ffcier St. TL 7-M Srev rigkrt of-wta}f . Page 2-1 — Section 2-07 — Watering DELETE this section in its entirety. Page 8-5 — Section 8-01.3(2)B — Seeding and Fertilizing DELETE the second paragraph of item 4 and REPLACE with the following: 4. Fertilizer: All areas which are seeded shall receive fertilizer of the following proportions and formulation applied at the rate of 400 pounds per acre. All areas which are seeded shall receive fertilizer meeting the requirements of Section 9-14.3 of the Kent Special Provisions. Fertilizer-shell-Fiat e.-i? '" tde^s{u^7es iffi-order.-tG.._avoid irn i -�ti€feLnl£5-: Fertilizer containing prhospahaarus shaft not be used on this project due to the proximity of the riser. 2 Page 8-10 - Section 8-02.3(5) - Planting Area Preparation DELETE this section in its entirety. Page 8-10 - Section 8-02.3(3) - Layout of Planting REVISE the second sentence as follows: Trees will in general be placed 10 feet or more away and shrubs 5 feet or more away from the 4:5' ` Trail Clear Zone demarcation line (see plans) to maintain a clearing as plants mature. Page 8-11 - Section 8-02.3(13) - Plant Establishment REVISE the first paragraph under Plant Establishment - Year 2 & 3 as follows: The-P,aYk-Establ4s4ffK_ it nlal shall-show The Contractor shall submit a plant establishment plan which stall show the scheduling, frequency, dates, materials and equipment utilized, whichever may apply, for all plant establishment activities including, but not limited to, the following: Page 8-12 - Section 8-02.3(13) - Plant Establishment DELETE the last sentence of the last paragraph: ntractor-shag -Sep er m this .,. er, en a ce,ree account h-sis at 1-he dk-e..r°..,- „F the--Engrrreef. Page 8-15 - Section 8-03.1 - Description REVISE first sentence of item B as follows: B. Water schedule: Provide two irrigation watering schedules consistent with overall project Water Budget specifications. Page 8-22 - Section 8-03.3(10) - As-Built Drawings REVISE the third sentence as follows: Any pipe not installed in accordance with the planes playas as originally contracted, shall be sufficiently dimensioned to a permanent structure for location after burial. Page 8-24 - Section 8-03.5 - Payment REPLACE the third paragraph with the following: Contractirtg-Alter and ele,ftrtca�s mac.d--k -;T,st ,tior�and-operation-of�-the irrigati -far re�c..-rrrc.—or—n-acz.EYfttr�C-t- J The City of Kent will pay for irrigation water obtained from the City of Tukwffa for the duration of the contract. No markup shaft he allowed on the water invokes. The Contractor shall he responsible, for any casts incurred and wafer essed are the event of a water main break, theft or equipment malfunction. Page 9-3 - Section 9-14.3 - Fertilizer ADD the following section: .SECTZO 9-.14.3 .t°a SUPPLEMENTED BYADDING THE F LL0WZNG. 9-14.3 Fertilizer All areas which are seeded on any river side slopes shall receive fertilizer of the following proportions and formulation: Total available nitrogen.....-............ 21% (Analyzed as iV) Available phosphorous.................... 0% (Analyzed as P 2 0 5) Available potassium..................--- 10% (Analyzed as K 2 0,�. Above percentages rea proportioned by weight. The- Contractor shall deliver fertilizer to the, site in original unopened containers bearing manufacturer`s chemical analysis, name, trade name, trade mark, and indication of conformance to state and federal laws. Instead of containers, fertilizer may be furnished in bulk with certificate indicating the above information END OF ADDENDUM No. 1 ,ors //r, Chad Bieren, P.E. Date City Engineer 4 TABINDEX Tab 1 Bidder's Package Tab 2 Payment and Performance Bond and Contract Tab 3 Table of Contents Tab 4 Kent Special Provisions Tab 5 Permits Tab 6 Prevailing Wage Rates i CITY OF KENT KING COUNTY, WASHINGTON KENT SPECIAL PROVISIONS Briscoe-Desimone Levee Improvements 14.75 to 14,96 Mitigation Planting Project Numbrd 09-3011 BIDS ACCEPTED UNTIL BID OPENING October 11, 2 1October 11, 2 1 ®4 11 :00 A.M. DELIVER TO CITY OF KE T, CITY HALL 220 4th Avenue S., Kent, WA 98032-5895 TIMOTHY J. LAPORTE, P.E. � PUBLIC WORKS DIRECTOR I KEN � flA�� Pp�L�T��k LIR}$t Ny F M WASHINGTON BIDDER'S NAME CITY OF KENT KING COUNTY, WASHINGTON !CENT SPECIAL PROVISIONS FOR Briscoe-Desimone Levee Improvements Reach 1 RM 14.75 Mitigation Planting Project Numbers. 09-3011 BIDS ACCEPTED UNTIL BID OPENING. October 11, 2016 October 11, 2016 1 :45 A.M. 11:00 A.M. DELIVER TO CITY OF KENT, CITY HALL 220 4th Avenue S., Kent, WA 98032-5895 TIMOTHY J. LAPORTE, P.E. PUBLIC WORKS DIRECTOR KENTT it WAS III NOTON i 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 Permits 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 October 11, 2016 up to 10:45 a.m. as shown on the clock on the east wall of the City Clerk's Office on the first floor of City Hall, 220 4th Avenue South, Kent, Washington. All bids must be properly marked and sealed in accordance with this "Invitation to Bid." Bids must be delivered and received at the City Clerk's office by the above-stated time, regardless of delivery method, including U.S. Mail. All bids will be opened and read publicly aloud at 11:00 a.m. for the City of Kent project named as follows: Briscoe-Desimone Levee Improvements Reach 1 RM 14.75 to 14.96 Mitigation Planting Project Number: 09-3011 The project consists of planting and maintaining 200 native trees and 5,000 shrubs along the Green River. The project includes spreading 3" of arborist chip mulch along the river bank and securing the chips with coir fabric. Maintenance of plantings shall include weeding and watering for 3-years after installation to ensure native plant survival. The Engineer's estimate for this project is approximately $300,000. Bid documents may be obtained by contacting City of Kent Engineering Department, Nancy Yoshitake at 253-856-5508. For technical questions, please call Ken Langholz at 253-856-5516. 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. Paper copies of the plans and Kent Special Provisions may be purchased at a non-refundable cost of $50 for each set. Plans and specifications can also be downloaded at no charge at KentWA.gov/orocurement. Copies of the WSDOT Standard Specifications are available for perusal only. A cashier's check, cash or surety bond in the amount of 5% of the bid must be included with the bid. The City of Kent reserves the right to reject any and all bids on any or all schedules or alternates or to waive any informalities in the bidding and shall determine which bid or bidders is the most responsive, satisfactory and responsible bidder and shall be the sole judge thereof. No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit or as a defense to any action based upon the neglect or refusal to execute a contract. Bidders must submit with their initial bid a signed statement as to whether they have previously performed work subject to the President's Executive Order No. 11246. No bidder may withdraw his/her bid for a period of sixty (60) days after the day of bid opening. Dated this 215t day of September, 2016. T BY; Sue Hanson, Interim City Clerk Published in Daily Journal of Commerce_____ on September 27 and_October 4, 2016_, I CONTRACTOR COMPLIANCE STATEMENT (President's Executive Order #11246) Date (ad This statement relates to a proposed contract with the City of Kent named Briscoe-Desimone Levee Improvements Reach 1 RM 14.75 to 14.96 Mitigation Planting Project Number: 09-3011 I am the undersigned bidder or prospective contractor. I represent that - 1. I have, �tvc- 0 7 hav of, 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. NAME OF BIDDER �/ dd} SIG NATU RE/TITLE ADDRESS (Note to Bidders: The information required in this Compliance Statement is informational only) Reach i Mitigation Planting/Langholz 1 September 21, 2016 Project Number: 09-3011 i 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. i vr - 2. During the time of this contract I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability.. !� 3. During the time of this contract the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. ) 4. During the time of the contract I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this contract, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. FC) By signing below, I agree to fulfill the five requirements referenced above. By: 1fL�� �„ ply For: le� �ac Abe S c)t_v-a-0S Title: f p Date: 10 if 11 � 21tember I,I Reach 1 Mitigation Planting/Lanyholz 2 September , 2016 Project Number: 09-3011 - CITY OF KE T 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. Reach i Mitigation Planting/Langholz 3 September 21, 2016 Project Number: 09-3011 PROPOSAL To the City Clerk City Hall Kent, Washington 98032 The undersigned hereby certifies that � ��� 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 Briscoe-Desimone Levee Improvements Reach 1 RM 14.75 to 14.96 Mitigation Planting/Project Number: 09-3011for 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, marked with asterisk (*), appear in more than one schedule of the proposal, the bidder must bid the same unit price on corresponding items for each schedule. If the Contractor enters different unit prices on these items, the City will unilaterally revise the bid amounts to the lowest unit price on each corresponding item and recalculate the Contractor's total bid amount. The corrected total bid amount will be used by the City for award purposes and fix the amount of the contract bond. EXAMPLE SCHEDULE I - STREET ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 1006 2-03.5 100 Roadway Excavation, $14.00 $1,400.00 WSDOT CU YDS Including Haul Per CY Any bids not filled out properly may be considered non-responsive. Reach i Mitigation Planting/Langholz 5 September 21, 2016 Project Number: 09-3011 i SCHEDULE I - STREET ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 1000 1-09.7 1 Mobilization $ ` '' e� WSDOT LUMP SUM Per LS 1i� � s� 1005 2-01.5 1 Clearing and Grubbing $/V/ $ WSDOT ACRE Per AC lot q , o 1.320 8-30.5 1 Project Sign Installation $ �G'�( $ Vic)q KSP EACH Per EA 1355 1-04.4(1) 1 Minor Changes $5,000.00 $5,000.00 WSDOT CALC Per CALC Common price to all bidders ''7 f Schedule I Total $ -2 6-1�� -3 i Reach 1 Mitigation Planting/Langholz 6 September 21, 2016 Project Number: 09-3011 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement See www.bxwa.ccm - Always Verify Seal SCHEDULE V - TRAFFIC CONTROL ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. 2UANTITY PRICE AMOUNT 5005 1-10.5 200 Traffic Control Labor KSP HOURS Per HR 5010 1-10.5 100 Construction Signs Class A $ LA - Lk WSDOT SQ FT Per SF t , 5015 1-10.5 100 Traffic Control Supervisor $ q $ ° KSP HOURS Per HR � � 1 y_�G 5020 1-10.5 1 Temporary Traffic Control $ G1335 $ KSP LUMP SUM Devices Per LSi a� Schedule V Total $ sC (ALL Reach 1 Mitigation Planting!Langholz 7 September 21, 2016 Project Number: 09-3011 SCHEDULE VII — TEMPORARY EROSION AND SEDIMENTATION CONTROL ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 7000 8-01.5 450 Seeding, Fertilizing, and $ % $ KSP SQ YDS Mulching Per SY 9 7010 8-01.5 1,100 Wattle $ g, $ t� �® WSDOT LN FT Per LF. 1 7055 8-01.5 1 Erosion/Water Pollution $1,000.00* $1,000.00 WSDOT FORCE Control Per FA ACCOUNT *Common price to all bidders Schedule VII Total $ � I Reach 1 Mitigation Planting/Langholz B September 21, 2016 Project Number; 09-3011 SCHEDULE VIII - ROADSIDE RESTORATION ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT F 8015 8-27.5 450 Arborist Mulch $ r KSP CU YDS Per CY �e� Grote, 8025 8-01.5 4,800 Coir Fabric $ $ c. _ KSP SQ YDS (Erosion Control Blanket) Per SY)"`' 8030 8-03.5 1 Irrigation System KSP LUMP SUM Per LS ► � Xl 8031 7-15.5 1 3/4" Service Connection $ 0�} l l�}�2go WSDOT EACH Per A 8035 8-02.5 35 PSIPE Acer Macrophyllum $ a $ KSP EACH (Big Leaf Maple) 5 gal Per EA - 8040 8-02.5 40 PSIPE Fraxinus latifolia $ 4c $ , KSP EACH (Oregon Ash) 1 gal Per E 8045 8-02.5 50 PSIPE Picea sitchensis KSP EACH (Sitka Spruce) 1 gal Pe EA $ `✓ �` 8050 8-02.5 25 PSIPE Prunus emarginata $ J� �c $ KSP EACH (Bitter Cherry) 1 gal Per EAl 8055 8-02.5 50 PSIPE Pupulus trichocarpa $ � C KSP EACH SSP. Trichocarpa Per EA 4� (Black Cottonwood) 1 gal 8060 8-02.5 871 PSIPE Cornus sericea $ $ KSP EACH (Red Osier Dogwood) 1 gal Per EAR Reach 1 Mitigation Planting/La ngholz 9 September 21, 2016 Project Number! 09-3011 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal SCHEDULE VIII - ROADSIDE RESTORATION ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 7S 8065 8-02.5 323 PSIPE Physocarpus capitatus $ ICY $ 1r ` � KSP EACH (Pacific Ninebark) 1 gal Per EA 8070 8-02.5 336 PSIPE Lonicera involucrata $ Y $ KSP EACH (Black Twinberry) 1 gal Per EA 1 7� 8075 8-02.5 758 PSIPE Symphoricarpos albus $ ' $ KSP EACH (Snowberry) 1 gal Per EA 75_ 5 8080 8-02.5 498 PSIPE Ribes sanguineum $ KC4 ' $ j 57 KSP EACH (Red Flowering Currant) 1 gal Per EA 45, C) 8085 8-02.5 896 PSIPE Salix sitchensis $ 5 y $ KSP EACH (Sitka Willow) Per EA 3' live cutting, 3/4" diameter 8086 8-015 100 PSIPE Salix lucida $ $ KSP EACH (Pacific Willow) Per EA live stake 3' x 3/4" `TS 8090 8-02.5 149 PSIPE Holodiscus discolor $ $ fC� -- KSP EACH (Oceanspray) 1 gal Per EA `9� �$ 8095 8-02.5 597 PSIPE Rubus spectabilis $ V $ J KSP EACH (Salmonberry) 1 gal Per EA 8100 8-02.5 174 PSIPE Rubus parviflora $ $ KSP EACH (Thimbleberry) 1 gal Per EA 8105 8-02.5 373 PSIPE Rosa nutkana $ $ '' KSP EACH (Nootka Rose) 1 gal Per EAR"� Reach 1 Mitigation Planting/Langholz 10 September 21, 2016 Project Number: 09-3011 SCHEDULE VIII - ROADSIDE RESTORATION ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 8110 8-02.3(13) 1 Plant Establishment, Year 2 KSP LUMP SUM Per LS gJ 8115 8-02.3(13) 1 Plant Establishment, Year 3 $l�i �° $ ��y � `Y KSP, LUMP SUM Per LS Schedule VIII Total $ / "' 1 a � 30"�6— I Reach 1 Mitigation Planting/Langholz 11 September 21, 2016 Project Number: 09-3011 D SUMMARY Schedule I + Schedule V a Schedule VII q 87 Schedule VIII ! r" :5 7 , cl '15- Sub Total x V j % WA State ! � �I it �r af 9�.5CC �® ffiY d � � yj Sales Tax f r TOTAL BID AMOUNT T7 AE, SLLb�.�.t. �O�tS, 5S5� Reach 1 Mitigation Planting/Langholz 12 September 21, 2016 Project Number: 09-3011 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: Briscoe-Desimone Levee Improvements Reach 1 RM 14.75 to 14.96 Mitiaation Planting Project Number: 09-3011 Subcontractor Name1�� 11 �1VR�C� 1, (; %LI�PItrq�NT SE�'u i�fSl Item Numbers Subcontractor Name .L�� 0 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 Reach 1 Mitigation Planting/Langholz 13 September 21, 2016 Project Number: 09-3011 SUBCONTRACT® LIST (Contracts over 1 million dollars) Name of Bidder: 1� ' Sw� dU y Uks, r �iZt tiZ a i�crr Project Name: Briscoe-Desimone Levee Improvements Reach i RM 1415 to 14.96 Mitigation Planting Project Number: 09-3011 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: 6 J Signat e of Bidder Date I Reach 1 Mitigation Planting/Langhol z 14 September 21, 2016 Project Number: 09-3011 CONTRACTOR'S QUALIFICATION STATEMENT (RCW 39. 4.35 ) 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. Reach i Mitigation Planting/Langholz 15 September 21, 2016 0 Project Number: 09-3011 i 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: �,� ` C �S1� U112'�c °�1111�1ycL �6L�fjt:' ' NAME: ADDRESS: Cb So i ksmu;ATf t gkSl1 PRINCIPAL OFFICE: ADDRESS: �,(j `i Cj i1u W7e_1? li 4,� q S I � PHONE: S's `t _ ILl'�o FAX: 1aC) ._ t�SLI 1. STATUTORY REQUIREMENTS i Provide a copy of your Department of Labor and Industries certificate of registration in compliance with chapter 18.27 RCW. 5,2" «s° V1.2 Provide your current state unified business identifier number.60 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). Reach 1.Mitigatlon Planting/Langholz 16 September 21, 2016 Project Number: 09-3011 2. ORGANIZATION 1- .1 How many years has your organization been in business as a Contractor? J 'S 2.2 How many years has your organization been in business under its / present business name? L. 2.2.1 Under what other or former names has your organization operated? �j��' i/ 2.3 If your organization is a corporation, answer the following: 2.3.1 Date of incorporation: A U60 r-�'1�3 aa�` � 2.3.2 State of incorporation: LL' 2.3.3 President's name: I P C ' 2.3.4 Vice-president's name(s):,L// y 2.3.5 Secretary's name: v�a 2.3.6 Treasurer's name: qA 1i'2.4 If your organization is a partnership, answer the following:,tL/,1 2.4.1 Date of organization: 2.4.2 Type of partnership (if applicable): 2.4.3 Name(s) of general partner(s): ".5 If your organization is individually owned, answer the following: ,oUbq 2.5.1 Date of organization: 2.5.2 Name of owner: L,y .6 If the form of your organization is other than those listed above, describe it and name the principals: ,vI;'-? 3. LICENSING 1.141 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate license numbers, if applicable j,tTIC L+ (/3.2 List jurisdictions in which your organization's partnership or trade name is filed. fc.171- ' L,. EXPERIENCE 5" �q tin rY ¢" � 5 � LC'2�`�'w'�j� tilivYLtvliu�Y1. , C "4.1 List the categories of work that your organization normally performs with its own forces. L � +�iC, I� Crr;L; T �tc >� We,u� =��r v 4.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) "f4.2.1 Has your organization ever failed to complete any work awarded to it? t �4.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? A?C`' Reach 1 Mitigation Planting/Langholz 17 September 21, 2016 Project Number: 09-3011 -4.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? ,"VO t4.3 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. y e,, (UCLI 44J -'4.4.1 State total worth of work in progress and under contract: ` a7 Lau`"' b 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. 5 'tom�. (f4.5.1 State average annual amount of construction work performed during the past five years: t/4.6 On a separate sheet, list the construction experience and present , commitments of the key individuals of your organization. _5.t(, �t , .G a 4.7 On a separate sheet, list your major equipment. 5 kf a d S. REFERENCES d 5.1 Trade References: r� 5.2 Bank References: l in'jPa kL d F3� 'j ��ay}ut, 7, L (7 6' Gel? 5.3 Surety: 5.3.1 Name of bonding company:' 5.3.2 Name and address of agent: tt4eG-L.-5 f?W61c;; itsy 4 mem 6. FINANCING; ggqj -n=i , pe, S'uxTf, 15i0-rTLf bill-4 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: Reach I Mitigation Planting/Langholz 18 September 21, 2016 Project Number: 09-3011 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 -7 day of OCTZIL C 2016. Name of Organization: By: * __ Title: 7.2 2'.120-- (2: AJTT being duly sworn, deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sw rn !ef re me this -2�—day of 00�0&J 2016. Notary Public: MyCommission-Expires: OFFICIAL STAMP JAY JOKES NOTARY PUBLIC-OREGON COMMISSION NO 928339 w COMMISSION EXPIRES MARCH 16.2018 Reach 1 Mitigation Planting/Langholz 19 September 21, 2016 Project Number: 09-3011 '� si ,r nTl n'a L ti P 7 - tt�+'GWA !• �r � v7�' n ''r r+r .�,�' m. ��} I rj✓ x d t4f r i 7 . ,w m- r,ry r ,F rrA �. wq r• ti•:• 1.........: r u MAW r. tj y f x x+N 8 k ti 5 S yy� con � - wry r�A L °S IF.T All. r K Y W1 .AN V y ^r [ � Va C 4 � � ir+ '✓ .f Y . .y 1 am '"v ah / i lF IT �aFlow 2 $? a"j "S7 1-5 WhIl MQM } u vh+l� '"mot t , � r A r:� q : 1r �00/ o d evzs uTaaL,���l�cea s�eri.eova� 4e sj eti��igJau: WATERSHED ENVIRONMENTAL SOLUTIONS LLC WES PO BOX 757 TOLEDO WA 98591-0757 ql Limited Liability Company Unified Business ID #: 602756466 Business ID #: 001 Location: 0001 WATERSHED ENVIRONMENTAL SOLUTIONS LLC WES 237 COLLINS RD A TOLEDO, WA 98591 UNEMPLOYMENT INSURANCE0- INDUSTRIAL INSURANCE -�f- J,q TAX REGISTRATION T U 0 66 LICENSING RESTRICTIONS: Not licensed to hire minors without a Minor Work Permit. REGISTERED TRADE NAMES: WES A J" .11 A F. i S I ,�� 10/612016 Corporations:Registration Detail-WA Secretary of State WATEMEDEWRONMMALS®LUTI®NSLLC UBI Number 602756 66 Category LLC Active/Inactive AQNe State Of Incorporation WA WA Filing Date 08/28/2007 Explration Date 08/31/2017 Inactive Date Duration Registered Agent information Agent Name ERIC G GENT Address 337 CHANDLER RD City CHEHALIS 5tam WA ZIP 985320000 Special Address Information Address City state Zip GobPJbing persons Title Name Address President GENTY,ERIC PO BOX 15028 TUM WATER WA 98511 https:l/www.sos.wa.gov/corps/search_detall.aspx?ubl=60275W6 1/1 i Statutory Requirements 1.4 j My Company, Watershed Environmental Solutions (WES), 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 39.12.065 (3). n, �/ r Satutory Requirements ® 4.4 and 4.4.1 Major Construction Projects in Progress: Job Name: SR-9 to 212th Street SE to 176th Street SE Stage — 3 Widening Owner: Washing Department of Transportation Contract Amount: $1,282,956.80 Percent Complete: 99% complete Scheduled Completion Date: October 16th, 2016. 4.4.1 Total worth of work in progress and under contract: $1,282,956.80 0 W-vAg- kiz C&!0 ti, „" ,(15�..` " +;_,;�,,.(-rvtveJ��� w�r:�:%�c� o-:�'A t�-�_�o� U'�-aL,�.�Ud2 � • ' Project Description Amount POC State Experience Washington State Department of Transportation Union Ave to Jackson WES worked as Prime,providing roadside restoration Ave Roadside in an environmentally sensitive area along with Rumina Suafoa '.... installing compost,bark,street trees,trees,shrubs, $1,415,619.00 253-534-3100 Restoration groundcovers and emergent's along with special Tacoma,WA seeding. Remove tree with root structures and brush. WES provided construction to Max J Kuney for SR 539 Ten Mile Road wetland creation,mitigation,bank stabilization with Chris Damito to Sr546 Widening bio-engineering for 1000 LF along Wiser Lake and the $1,456,096.00 360-788-7400 Bellingham,WA causeway along with landscaping,habitat creation, erosion control and native restoration .Tosh Wilson UC WES provided landscape construction services to Mark Hammer Burlington,WA Interwest Construction for all of the restoration in $564,907.00 360-77575-5832 critical habitat areas Purdy Creek Bridge WES provided construction services to Quigg Bros.for Jeff Cook Shelton,WA all of the mitigation of the major sensitive stream and $132,695.00 360412-3420 wetland areas WES provided services to ICON Materials for SR 900 To SE 78th designing and building the wetland creation and no areas;implemented soil bio-engineering Dave Lindberg Street techniques for the new stream channel construction $683,614.00 425-814-7104 Issaquah,WA and creation along with habitat enhancement and native restoration Sauk River Bank WES provided Construction services to Cranite NW Restoration for all materials for completion of a major bank $293,145.00 Mark Hammer Res Darri torah stabilization including soils and special amendments 360-757-5832 and re-vegetation Seivmic Retrofit WES is providing construction services to Brant Paola Hammond Bridges construction for stream bank enhancement and $26,860.00 360-905-2000 Vancouver,WA stabilization,re-vegetation and Hydroseeding SR 20 Fredonia to 1--5 WES provided landscape serviced to IMCO for all of Dave Crisman Widening Burlington, the wetland creation and mitigation;restored sensitive $464,610.00 360-848-7103 WA buffer zone and areas impacted by heavy construction WES is providing construction services to Parsons- Kuney Joint Venture for all of the environmental Adam Frederick SR 532 vem Corridor mitigation and erosion control for maintaining the Improvements Project water quality and water pollution control;roadside $528,226.00 (p)253-299-3296 Stanwood,WA restoration;tidally influenced area mitigation;wetland (F)253-959-5702 creation and mitigation SR 542 Bruce Creek& WES provided all construction services to KLB for the Adriana Klein Baptist Creek restoration of critical wetland area for the $1059232.00 360-748-74o0 Deming,WA improvement of the fish passage P.O.Box 757,Toledo,WA 98591 •Ph: 360.864A004• F: 360.864.4003 Project Description State Experience Washington State Department of Transportation WES provided construction services to Tapani '.. Warnick Bluff Underground for the enhancement and restoration on $66671 Chris Damito Bellingham,WA all critical and sensitive river bank areas while , .00 360-788-7400 enhancing the fish habitat. 15 Marysville to WES provided the construction services to Tri-State Dan Van Camp Stillaguamish Construction for the soil stabilization,bonder fiber $124,671.00 206-730-4684 Marysville WA materials and Hydroseeding Yakima Vicinity to WES provided construction services for roadside Paul Gronnseth Pasco Vicinity seeding and mulching $38,312.00 509-577-2635 Yakima,WA SR 522 US22 WES provided construction services to Scarsella Interchange Flyover Brothers for native plant restoration and erosion $501,877.45 425-2 5-870Ahma0 Ramp control 425-255-8700 Monroe,WA Huston Way WES provided construction services to Colacurio Brothers for environmental mitigation. WES also Harry Pedestrian Trail 0 provided erosion/water pollution control,Hydroseeding $51,069.UU 206-44 -4737 -4737 Bellingham,WA and landscape restoration SR20 Red Cabin WES provided services to Interwest Construction for the fallowing: Installation of trees and shrubs.Placing Dana Orbe Creek County of bark mulch and amending soil. Erosion control $109,982.89 360-757-7574 Skagit Cy work and Hydroseeding. SR20 Libby Rd to WES provided services to lnterwest Construction,Inc. for installation of plants,compost, mulch,Hydroseed, Kyle Zender Sidney St Widening and erosion control work including silt fence,high, $271,568.30 360-757-7574 Oak Harbor, WA compost sock,and inlet protection. 43i°Ave SE to 50' WES provided services to MJ Hughes Construction Ave SE Bridge Inc.for the placement of medium compost and bark Scott Andrews Rehabilitation mulch along with installation of high visibility and silt $81,781.00 503491-4853 Everett, WA fences. I-5- Grand Mound to WES provided services to Tri-State Construction and Z performed the following: Installation of planting soft, $624,505.05 Ryan McBride Maytown Stage Rochester,Stage mulch,bark,coniferous,&deciduous trees,deciduous 425-455-2570 WA shrubs,ground cover,and maintaining of plantings. P.O.Box 757,Toledo,WA 98591 • Ph: 360.864.4004-F: 360.869•.4003 Project Description Amount POC Federal Experience Working as the Prime,WES replaced an existing 72" culvert with a larger 27'x 49'bottondess culvert for fish passage. Work included installation of a National Park Service temporary bridge and approaches for detour route, Griff Creek Culvert stream diversion and de-watering.As well as roadway Jennifer Dansby Replacement excavation existing utility support&protection, $776,416.00 303-969-2128 Port Angeles, WA concrete footings,assembly and installation of '.., bottomless aluminum culvert,stream excavation & restoration,LWD placement,paving,guardrail and traffic control Department of Fish& WES provided services to KRCI LLC to:Install Wildlife erosion control matting(jute mat),planting of Kyle Snitily SR97 BeeBe Springs emergent marsh and riparian vegetation,marsh seed $106,600.00 509-884-5258 Natural Area mix installation. Chelan WA Dash Paint State Park WES provided services to the Plats Plus Inc: Erosion Sanitary Sewer control, topsoil,plantings,mulch,Hydroseeding,Grass 360-657-4720 Federal Way, WA pavers USDA Forest Service WES provided services as a Prime to the USDA Forest Channel Creek Fish Services for the Installation of a new CMP culvert and the Passage Culvert - Peter Wagner Replacement excavation/grading of a new stream channel.Once $115,269.95 360-R54-2621. eplaWhatcom nunty, WA these have been completed,the existing culvert will be removed and existing road backfilled. USDA Forest Service WES provided construction services to Cates&Erb, Benham Creek Inc,for Erosion control in highly sensitive $2,500.00 WFLHTI 360-696-7764 Mount Baker,WA environmental areas USDA Forest Service WES provided construction services to Cates&Erb for WTLHD Head I Steige ld Trail 553 the fowl habitat creation and vegetation erosion control $10, .00 360-619-7822 H Lummi Indian Bus Council WE, provided services to Colacurico Brothers Lanrmi Gateway Company,Inc to: Redevelopment of existing retail Shannon Vande Ferndale, WA space and parking lot landscaping. Installation of $83,160.00 Kamp topsoil trees,shrubs,groundcovers,bark and a 360-332-4044 temporary irrigation system. The Nature Conservatory Fisher Slough Flood WES provided services to Interwest Construction Inc Andy Connor gates Levee Project for special seed restoration for a wetland for the $73,630.OU 360-661-7R19 Seatle, WA Salmon on the Skagit River Delta. P.O.Box 757,Toledo,WA 98591 •Ph: 360,864.4004•F: 360.864.4003 i �I Project Description Amount P®C Municipal Experience Portland Bureau of Environmental Services WES provided construction and other services to Brant Construction for excavating and removing 150,000 CYS of silt dirt and sediment for a creation of Brownwood Flood a new stream channel and floodplain along with Mike Shaw Plain rebuilding 2,000 feet of streambed. The work also $3,700,000.00 360-772-3121 Portland,OR included placing over 3,000 tons of streambed cobbles, constructing engineered logjams for bank stabilization, placement of 400 LWD and installing temporary bridge. Port of Seattle WES as the Prime will provide all construction services Wetland Mitigation for creating and restoring wetlands in five different $300,000.00 Amanda Seattle,WA areas 206-787-5802 POS Bus Maintenance WE, provided services to Ferguson Construction,Inc Jay Clark -Facility for the Installation of plants,topsoil,bark,and $71,487.00 206-767-3810 Port of Seattle, WA irrigation system. WES working as a Prime provided construction services for the mitigation of a portion of the Tyee Golf Tyee Golf Course Course including removal and disposal of a 48" Port of Seattle, WA concrete culvert,gulf cart paths,corrugated and $320,000.00 Stacey Heilgeist perforated drain pipes and putting greens,tilling of existing ditches and demolition areas and planting with irrigation. Clark County Wes provided construction services to Ostrander Rock Klineline Bridge &Gravel for stream bank restoration and Bart Arthur Repair enhancement,habitat creation,bio-filtration system, $305,066.00 360-397-6118 Vancouver,WA roadside planting,landscape planters,erosion control, special seeding and irrigation. NE 72"d Ave WES provided construction services for Tapani Bart Arthur Vancouver,WA Underground for all of the erosion control,seeding, $28,853.00 360-397-6118 topsoil and planting. N.E. 88t'Street Wes provided construction services to Tapani David Dolan Vancouver,WA Underground for all of the wetland mitigation, $141,978.00 360-397-6118 sidewalk landscaping and the erosion control Ext:4947 Island County Public Works Ault field Road Wes provided construction services to Kreig Joe Araucto Widening Construction for the wetland mitigation and $92,460.00 360-678-5111 Oak Harbor,WA restoration along with bio-soil engineering. Multnomah County Bridge&ODOT Muluromah County Wes provided construction services to Green Art Brian Park Bridge Section (Sauvd Landscaping for major slope stabilization and bonded $6,574.00 503-345-9653 Island)Portland,OR fiber matrix P.O. Box 757,Toledo,WA 98591 • Ph: 360.864.4004• F: 360.864.4003 Project Description Amount POC Municipal Experience Kine Countv Elliot West Containment WES provided all of the landscape services to Award $SU146.00 David Kingsbury Landscape& Construction , 206-263-3211 Restoration: Seattle, WA City Of Bellingham WES provided construction services as a Prime for the Little Sgualicum Creek City of Bellingham Parks and Recreation Dept to plant Gina Austin Bellingham, WA 5,000 plants,5,000 live stakes and 700 cy of wood chip $93,332.62 360-778-7000 mulch.We are also to provide a 2 year plant establishment and maintenance. City Of Oak Harbor WES provided services to Allied Construction for the Oak Harbor HS complete renovation of the existing practice footballq$336,432.00Tom Campbell and baseballs fields.Grade and finish a new soccer andOakHarbnr, WAsoftball field. A a new irrigation system for the new425-259-6U57 fields and planting in new areas was also installed. Oak Harbor Marine— Wes provided construction services to NorthwestJeremy Walliman Dredge Marine Construction,Inc for the installation of a new , . 206-730-4956 Oak Harbor, WA Shoreline habitat slope and plant restoration. - Snohomish County WES provided construction services to Strider Construction for the excavation and placement of two Slst Ave- pre-fab bottomless culverts; 18'x 12'and 24'x 12'in a Sai Nguyen lle,WA L Marysville,WA narrow streambed surrounded by homes proving a fish $333,005.00 425-388-6656 '.. passage. The work included stream water diversion; placement and anchoring of LWD;wetland mitigation and erosion control City Of Shoreline WES provided landscaping construction services to Johansen Excavating for the installation of plants,soil, Aurora Corridor bark,coniferous,&deciduous trees,deciduous shrubs, $288922 Rob Bonnett Improvements ground cover,installation of new irrigation system, , .10 360-829-5473 repair of existing irrigation system,and maintaining of plantings. Lewis County Sewer&Water Utility Wes provided construction services to Tapani Underground for the construction of a wetland in Rod Lakey Rush Rd Chehalis WA highly environmentally sensitive area.WES excavated j 360-740-2750 Lewis County and hauled saturated soils,placed LWD,habitat $123,483.00 structures,installed erosion control blankets,managed subsurface flows by de-watering measure,native restoration and special seeding P.O.Box 757,Toledo,WA 98591 • Ph: 360.864,4004• F: 360.864.4003 i Project (Description Amount POC Thurston County Public Works/Water MGMT Wes provided construction services to Oceanside Keith Harris Waste&Recovery Construction for all of the Erosion Control and $6,825.00 360-754-4681 Hydroseeding Whatcom County Public Works Wes providing construction services to Max J Kuney Hampton Rd-Mormon James Karcher Ditch Bellingham,WA for the sit and restoration in the critical stream $30,125.00 360-715-7450 and sensitiveive buffer er zones City of Tacoma WES provided construction services to WM Dickson Dan Seabrands Broadway L.LD. Co.for the construction of the downtown streetscape $293,728.00 253-591-5250 along with irrigation City of Bothell - WES provided construction services to SCi North Creek Non- Ronnie Bennett Infrastructures for the wetland mitigation,irrigation $171,714.00 Motorized Trail 425-486-2768 systems and landscape planting strips East Riverside Drive Wes provided construction services to Archer Ronnie Bennett PEDESTRAIN Construction for wetland construction and mitigation 425-486-2768 Roadway& Utility along with environmental erosion control,water $272,009.00 Improvements quality and water pollutions control City of Camas Washougal River Wes provided construction services to Stellar J for Jim Hodges Waterline& Utility native restoration and Hydroseeding $21,206.00 360-817-1561 City of Des Moines Wes provided construction services to Construct Company for the restoration of a 400' slide area Des Moines Slide requiring extensive earth work and erosion control. Repair This was accomplished through bio-engineering $101,391.00 Public Works techniques and placement of special soils and 206-870-6822 amendments. Geo synthetic fabrics were used along with re-vegetation with appropriate stabilization techniques City of Mount Vernon College Way/Preeway Wes provided landscape construction services to Public Works Drive Improvements Colacurcio Brothers for the landscape improvements $45,864.00 360-336-6211 South Laventure Road WES provided landscape construction services to Michael Love Extension Interwest Construction Inc.for all of the streetscape. $347,895.00 360-336-6204 City of Lynnwood WES provided construction services to Plats Plus for rain Delp Olymple View Drive the wetland creation and mitigation around the highly $91,238.00F4B52 -670-5200 seusitive stream and wetland areas P.O.Box 757,Toledo,WA 98591 •Ph: 360.864.4004• F: 360,864.4003 Key Personnel Billie Washington President Ms. Washington brings more than 25 years of practical hands-on experience as an owner and operator of an environmental construction and civil engineering company with the main focus on environmental restoration,wetland mitigation and construction services. As president of WES, Ms. Washington currently plays in integral part in the firm's success by handling daily operations and business development, including strategic planning; project estimating, contact administration, client communication, project financial management and safety compliance. Ms. Washington also takes a proactive role in the development of project specific work plans, cost and schedule control and client satisfaction to ensure successful projects are completed safely, on time and according to all plans and specifications Current Certifications • SBA 8(a) Certified as a Native Woman Owned Business • Washington DBE/WMBE Certified • WSDOT Erosion Control Certified • U.S.Army Corps of Engineers CQM —Certified Eric Gentv Vice President of Operations Mr. Genty has more than a decade of experience in commercial construction with a key focus in environmental remediation. His previous experience had him managing 15-20 workers on site for projects ranging from $100,000 to $3 million. He now serves as a key component to WES by directing and managing construction projects for commercial and government clients as well as providing field management and oversight as required. He takes an active role in strategic planning, project estimating, contract administration and the mobilization of equipment, materials and personnel to project sites.Along with his project management knowledge, Mr. Genty also brings with him extensive experience in the use of construction equipment including front-end loaders, dozers, forklifts and pit run equipment. He has also logged 10,000 hours for Bobcat Skidster and 8,000 hours for Bowie and Finn Hydroseeders Current Certifications • Class B CDL • Commercial/Residential Construction Seminars • Oilfield and Municipality Safety Certification • Railroad Safety Orientation Certification • OSHA Construction Training—Washington State • Wetland Certification 2006 • Washington State Erosion and Sediment Control Lead P.O.Box 757,Toledo,WA 98591 • Ph: 360.864.4004•F: 360.864,4003 Watershed Environmental Solutions Equipment and Vehicles Exhibit A Watershed Enviormental Solutions Equipment List Make Model Year Value Bobcat S185 Skid Steer Loader 2008 $42,434.00 Catapillar 304CCR Hydraulic Excavator 2011 $64,000.00 Caterpillar 304CCR Hydraulic Excavator 2008 $56,460.00 Bowie Hydro Mulcher 1993 $15,000.00 Bowie HS 1100 Gal. Hydro Mulcher 1991 $5,000.00 Aerie Straw Blower 2004 $3,000.00 MSMET Equipment Trailer 2007 $2,600.00 PJ TRL 8 x 20 14K Deckover, Straight Trail 2008 $4,995.00 Trail Max Equipment Trailer 2006 $5,995.00 PJ Trialer Equipment Trailer 2011 $5,675.00 International 9V4 Diesel Truck 1985 $5,000.00 Dodge-PU Ram F250 4 x 4 Pickup 1994 $5,500.00 Ford_PU F250 Diesel Pickup 1995 $5,000.00 Ford -PU F350 Crew Cab Pickup 2005 $28,033.00 Ford - PU F350 Pickup 1996 $10,000.00 Ford -PU F350 Pickup 2006 $21,950.00 I I 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 fifty (50) 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 S% 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: ht, �T� 12`>I{ 19 :dL'U��t;',sirt�J/,;iF�C �e LUt c AJ5 NA /,0F BIDDER sir Signature of uthoriz -dd RRepresentative �-�_._ 6`C a`-' / (Print Name and Title) P,o, i'')0 X /!�o S' Address Reach 1 Mitigation Planting/Langholz 20 September 21, 2016 Project Number: 09-3011 BID BOND FORM KNOW ALL MEN BY THESE PRESENTS: That we, Watershed Environmental Solutions LLC as Principal, and The Ohio Casualty Insurance Company as Surety, are held and firmly bound unto the CITY OF KENT, as Obligee, in the penal sum of Five Percent(5%)of Amount Bid 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 Briscoe-Desimone Levee Improvements Reach i RM 14.75 to 14.96 Mitigation Planting/Project Number: 09-3011 According to the terms of the proposal or bid made by the Principal thereof, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee;or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the invitation to bid, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damaged, the amount of this bond. SIGNED, SEALED AND DATED THIS 3rd DAY OF . October 2016. Watershed Environmental Solutions, LLC VtA ' PRINCIPAL The Ohio Casualty Insurance Company SURE '�ggy A. Firth,Attorney In-Fact 20 Received return of deposit in the sum of $ Reach 1 Mitigation Planting/Langholz 21 September'.21, 2016 Project Number: 09-3011 urovided to Builders Exchange of WA, Inc, For usace C'ord:''..Lions Agreemerf.. ::e= w,,w.bxwa.com - Alwava Verifv Scal THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated Certlflcato No. 7319085 '.. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire$Casualty Company and The Ohio Casually Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Deanna K.Nakashima; Debbie:Lindstrom; Gail.E.Tsuboi;John Drummey Jr Kathleen M.Mitchell Peggy A Firth;Scott Alderman;Simone Rae Frederick;Timothy S. Buhde all of the city of Seattle state of WA each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7m dayof April 2016 AND USG �SY INSp �INSI.p VhRU{Z American Fire:and Casually Company The Ohio Casualty Insurance Company , eoe ,, o o s r lelz 9n1 a Liberty Mutual Insurance Company West American Insurance Company u STATE OF PENNSYLVANIA as David M.Carey Assistant Secretary +%cc COUNTY OF MONTGOMERY c tial On this 7th day of April 2016 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and t6 V Gl Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, d Q) p— execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. e E IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. 00. n1 pp COMMONWEALTH OF PENNSYLVANIA ��n� G Wq�o Mnmw`gTF(� � Notarial Seal C y r-, o i 9 Teresa Pastella,Notary Public By: ���.�Q0� O'er n1 N of Plymouth Two.,Montgomery County L g My Commission Expires March 28,2017 Teresa Pastella,Notary Public L �a0+ 4�A vl ��� Member,Pennsyivanle Association or Notaries d R e to This Power of Attorney is made and executed pursuant(o anr76y authority of[he following By-laws and Authorizations ofAmerican Fire and Casualty Company,The Ohio Casualty Insurance Wp w Company,Liberty Mutual Insurance Company,and WestAmerican Insurance Companywhich resolutions are now in full force and effect reading as follows: ',.M2 ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O p ,f 2 to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, I.O.E acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective la E 6 powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so — N Ai ` executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-tact under >s a A the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or effects granting such power or authority, Go � ARTICLE%III—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman cribs president, Y o0 '> and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may necessary to act in behalf of the Company to make,execute, h M :O seal,acknowledge and deliver as surely any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their, cop o Z ca respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary, C m Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- F{ fact as may be necessary to act on behalf of the Company to make execute;seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed I,Gregory W.Davenport,the undersigned,Assistant Secretary of American Fire.and Casualty Company The Ohio Casually Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby cer ify that the original power of attorney of which the foregoing is a full true and correct copy of The Power of Attorney executed by said Companies,is in full force and effect and has not been revoked IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of CEP der C�tF`9 a, no �� By- Gre or W.Davan oC,Assistant Secretary vo„ 180 of 250 LMS_12873_122013 CITY OF KE T COMBINED CLARATI FORM: NON-COLLUSION, MINIMUM WAGE i 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. Briscoe-Desimone Levee Improvements Reach 1 RM 14.75 to 14.96 Mitigation Planting Project Number: 09-3011 NAME OF PROJECT NAME OF BIDDER'S FIRM opff SIGNATURE OF AUTH® ZED REPRESENTATIVE OF BIDDER Reach 1 Mitigation Planting/Langholz 22 September 21, 2016 Project Number: 09-3011 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 NO. [Enter # 11, 2, 3, etc.] NAME OF CONTRACTOR: (Insert Company Name] ("Contractor") CONTRACT NAME & PROJECT NUMBER:[Insert Name of Original Contract & Project #, if agglicablel ORIGINAL CONTRACT DATE: [Insert Date Original Contract was Signed] 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. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, Contractor shall provide all labor, materials, and equipment necessary to: [Insert detailed description of additional materials, services, etc., that are needed which necessitate this change order Be as detailed as possible. You may also refer to an attached exhibit, but clearly identify the exhibit by title and date] 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," 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 $ Reach 1 Mitigation Planting/Langholz 23 _ September 21, 2016 Project Number: 09-3011 Original Time for Completion (insert date) Revised Time for Completion under prior Change Orders (insert date) Days Required (f) for this Change working days Order Revised Time for Completion (insert date) In accordance with Sections 1-04.4 and 1-04.5 of the Kent Special Provisions and WSDOT Standard Specifications, and Section VII of the Agreement, 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 it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes 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. All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order shall be deemed to have applied. 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. CONT"CTOR: CITY OF KENT: ,t, By: t 19_6 By: (signature) (signature) Print Name: c. (,-,z Print Name: Timothy J. LaPorte, P.E. Its P=v Z+ r Its Public Works Director (ti le) (title) DATE: jr�{it �IG, DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Reach 1 Mitigation Planting/Langholz 24 September 21, 2016 Project Number: 09-3011 _ 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 .,....... ..........01-� ame ....................01-� Order of Contents................................................................................. Invitation to Bid...................................................................................EY Contractor Compliance Statement........................................................f ~"' Date........:................................................................................... [� Have/have not participated acknowledgment.............. Signature and address ................................................................a3 Declaration - City of Kent Equal Employment Opportunity Policy ........ff�-' Dateand signature .....................................................................El-' AdministrativePolicy ...........................................................................®✓ Proposal...............................................................................................Ga-, First line of proposal - filled in ...................................................13� Unitprices are correct ................................................................El--- Subcontractor Last (contracts over $100K) ..........................................93- Subcontractors listed properly....................................................9H ' Signature ....................................................................................[0-- Subcontractor List (contracts over $1 million).....................................Ea Subcontractors listed properly....................................................11 Date and signature .....................................................................®'' Contractor's Qualification Statement ...................................................93 Complete and notarized ..............................................................©.•. Proposal Signature Page......................................................................M-' AllAddenda acknowledged .........................................................R' Date, signature and address .......................................................E?, � BidBond Form .....................................................................................C7-' Signature, sealed and dated ....................................................... Power of Attorney.......................................................................❑- (Amount of bid bond shall equal 5% of the total bid amount) Combined Declaration Form.................................................................C� ' Signature ....................................................................................f� Change Order Form..............................................................................fJ Bidder's Checklist .......................:........................................................�✓ The following forms are to be executed after the Contract is awarded: A) CONTRACT This agreement is to be executed by the successful bidder. B) PAYMENT AND PERFORMANCE BOND To be executed by the successful bidder and 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. Reach 1 Mitigation Planting/Langholz 25 September 21, 2016 Project Number: 09-3011 PAYMENT AND PERFORMANCE BOND KE O T TO CITY OF KENT Bond No. 23032046 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Watershed Environmental Solutions. LLC as Principal, and The Ohio Casualty Insurance 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 $ 240 457.34 , 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 Briscoe-Desimone Levee Improvements Reach 1 RM 14.75 to 14.96 Mitigation Planting/Project Number; 09-3011 (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. Reach 1 Mitigation Planting/Langholz 26 September 21, 2016 Project Number: 09-3011 i TWO WITNESSES: Watershed Environmental Solutions LLC PRINCIPAL (enter cipalls-name-abova_ � BY: TITLE: �r-IC ��CM YrC. ' z�rF DATE: % 11 (�, C DATE: h CORPORATE SEAL: PRINT NAME DATE: a ' ( The Ohio Casualty Insurance Company SURETY t4 CORPORATE SEAL: BY: t � t DATE: October 21 2016 TITLE: PeggyA Firth Attorney-in-Fact ADDRESS: 1001 4th Avenue, Suite 1300 Seattle WA 98154 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. r, SECRETARY OR ASSISTANT SECRETARY Reach 1 Mitigation Planting/Langholz 27 September 21, 2016 Project Number: 09-3011 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. '.. Certificate No. 7319107 American Fire and Casualty Company Liberty Mutual Insurance Company '.. The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casually Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is acorporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies rI,pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Deanna K. Nakashima;Debbie-Lindstrom'Gail Er Tsuboi;John Drummey Jr;Kathleen M. Mitchell;Peggy A Firth;Scott Alderman'Simone Rae Frederick;Timothy S. Buhrte all of the city of Seattle state of WA each Individually if there be more than one named,Its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their awn proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this Rh dayof April 2016 American Fire and Casualty Company M The Ohio Casualty Insurance Company 1906 0 0 9,9 9l2 (/ iggl Liberty Mutual Insurance Company m West merican Insurance Company n N STATE OF PENNSYLVANIA ss David M.Carey;Assistant secretary M. c- COUNTY OF MONTGOMERY c' tipf On this 7th day of April 2076 before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and to 0. Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,W p m execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c D> IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year fir'3ssttt above written, O a' d m P PAg aOMMONWEALTNOF PENNSYLVANIA �/.� / _ moo,. Qtq AFCC Notarial Seal U vM C'U1 r.W o 5 F T r a P Stella,Notary Public By; O 0 i of Plymouth Twp.,Montgomery County Teresa Pastella,Notary Public N My Commission Expires March 28,2017 �. O0 g�4RY PU�}c' Mamb,. Pennsylvania Association of Notaries a0 A ;c m This Power of Attorney is made and executed pursue ttoan by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance U) Of w Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: :E ra i ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c to such limitation as the Chairman or the President may rescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, z,0) O S acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations setforth in their respective ' E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so 'ru d ` executed,such instruments shall he as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >-0 a A the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. CC ARTICLE%III—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, .�eo > and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, E N O seal,acknowledge and deliver as surety any and all undertakings, bands,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their 'Z o respective powers of attomey,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O o executed such Instruments shall ber as binding as if signed by the president and attested by the secretary.... 0 m Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- I fact as may be necessary to act on behalf of the iCompany to make execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a cenifed copy of any power of attorney issued by the Company in connection with surety bonds shall be valid and binding upon the Company with the same force and effect as though manually affixed I,Gregory W.Davenport,the undersigned,Assistant Secretary of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby cedify that the original power of attorney of which the foregoing is a full true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 1 ,20. "} 013� ',_ � IINSUJ1.con a2,a9g2c 1919 nBY �ZZ ti � Gregory W.Davonport,Assistant 6earetary J t� iV+Ad'a� 202 of 250 LMS 12873 122013 CONTRACT THIS AGREEMENT, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and LL) �ecV%,Q.(l '� v:Ue� S d"Lllj_," organized under the laws of the State of Wc;_ShI'V\ +_ o-_ located and doing business at PC) &A (5b� �i� ��c.��ET lira cSSi ("Contractor"). � WITNESS; In consideration of the terms and conditions contained in this Agreement and in the project documents, plans, and specifications all of which are 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: Briscoe-Desi mone Levee Improvements Reach 1 RM 14.75 to 14.96 Mitigation Planting/Project Number: 09-3011 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 2016 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 2016 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 fifty (50) working days, The Contractor shall provide and bear all expense of all equipment, work, and labor of any Sol t whatsoever that may be required for the transfer of materials and for constructing and completing all the work provided for in the Contract, except where the specifications allocate that responsibility to 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, Reach 1 Mitigation Plantwg/Ungholz 28 Septemher 21, 2015 Project Number 09-3011 i 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this contract. 6. Contractor agrees, upon the City's written demand, to make all books and records available to the City for inspection, review, photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch, 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the "one call" locator service before commencing any excavation activities. I Reach 1 Mitigation Planting/rangholz 29 September 21, 2016 i Pi eject Number: 09-301 1 l I� CITY OF KENT SUZETITEC OKE, MAYOR DACE i` f ATTEST- CITY CLERK j APPROVED AS TO FORM: . 5ak KE TLAW DEPARTMENT CONTRA R BY: PRINT NA�}ME Eci'L Leek TITLE: PM je-$))E — DATE: Reach 1 Mitigation Planting/Langholz 30 September 21, 2016 Project Number: 09-3011 EXHIBIT A INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate, Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 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. Reach 1 Mitigation Plantingnangholz 31 September 21, 2016 Project Number: 09-3011 I i EXHIBIT A (Continued) 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following 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. Reach 1 Mitigation PlantinglLangholz 32 September 21, 2016 Project Number: 09-3011 EXHIBIT A (Continued) F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AM1. 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 Reach 1 Mitigation Planting/Langholz 33 September 21, 2016 Project Number: 09-3011 194594 A fYYVYl CERTIFICATE OF LIABILITY INSURANCE D 10/2244/2016 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. IMPOR ANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 Sheri Johnson _ Commercial Lines-(509)358-3800 PHoee _ 509-358-3800 Floc NoY 866-510 NC,NEtP -9588 - - Wells Fargo Insurance Services USA,Inc.-CA Lic#:0008408 A DRESS: sheri.johnson®wellsfargo.com. _ - 601 W. 1st Ave,Ste 800 _INSURER(SI AFFORDING COVERAGE NAIC# Spokane,WA 99201 _ _ _ INSURER A; Crum and Forster-Specialty Ins Cc 44520 INSURED INSURERS: Ohio Security Insurance Company _ 24082 Watershed Environmental Solutions LLC INSURER c: _ PO Box 15028 INSURER D: INSURERS:__.__. Tumwater,WA 98511 INSURER F: COVERAGES CERTIFICATE NUMBER: 10999048 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS '... CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. __- ADD P EFF POLICY % LTR TYPE OF INSURANCE POLICY NUMBER MMMI DD YYYY OD YYYY MRS A x COMMERCIAL GENERAL LIABILITY X X EPK112846 05/2l/16 05/21/17 EACH UAVIAUo RENTEE S 3,000,000 Ij— CLNMSWADE X OCCUR PREMISES Ea oecurrenre $ Sg000 XJ WA STOP GAP MED EXP(Any one person)- _ S 5,000- X $2,500 DEDUCTIBLE PERSONAL aADV INJURY S _1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 3,000,000 POLICY XJ JECT PRO LI LOC PRODUCTS-COMP/OP AGO S 3,000,000 PRO- OTHER: S B AU-POMOBILELIABILITY BAS55541739 05/21/16 05/21/17 OOMBIgeD151NGLE LIMIT $ 1000000 X MANY AUTO BODILY INJURY(Per rkm.r) S WNED SGHEOULEO BODILY INJURY(Per accident) $ AUTOS ONLY AUTOSPROPERTY DAMAGE x HIRED _.x NON-OWNED ROPEklenl) S AUTOS ONLY AUTOS ONLY MBRELLALIAB OCCUR EACHOCCURRENCE $ EXCESS LAG CLAIMS-MADE' AGGREGATE $ DED RETENTION$ WORKERSCOMPENSAWN STAT E OqH- ANDEMPLOYERS'LIABILITY YIN '.. ANYPROPRIETORIPARTNEREXECUTIVF _ E.L.EACH ACCIDENT 5 OFFICERMIEMBER EXCLUDED? ,NIA i(Mandatory in WIN) EL DISEASE-EA EMPLOYEE S �If yes.tleaTIO-us untl D ESCRIPeOPERATIONSCelow r EL DISEASE-POLICY LIMIT $ N OF I DEWRIP TION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may Ire ausched if more space is required) PROJECT: BRISCOE-DESIMONE LEVEE IMPROVEMENTS-REACH 1 RM 14.75 TO 14.96 MITIGATION PLANTING,PROJECT#09-3011 THE CITY OF KENT SHALL BE NAMED AS PRIMARY&NON-CONTRIBUTORY ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY WITH RESPECT TO THE WORK PERFORMED FOR THE CITY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE POLICY OVER ANY INSURANCE OR SELF-INSURANCE THE CITY MAY HAVE FOR ANY AND ALL WORK PERFORMED WITH THE CITY. CERTIF1 ATE HOLDER CANCELLATION CITY OF KENT PUBLIC WORKS DEPARTMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 W EST'GROVE ACCORDANCE WITH THE POLICY PROVISIONS. KENT,WA 98032 AUTHORIZED REPRESENTATIVE 9e1' The ACORD name and logo are registered marks of ACORD ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) n16m4axzeyauesm�atmba Im6077 I.lg .161 Cru vrster Fare FAMRFAI gruuy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Where Required By Written Contract SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person($) or organization(s) indicated in the Schedule shown above, but only with respect to liabilily caused, in whole or in part, by"your work" for that insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0111-0211 Page 1 of 1 Crumff ster rt of the 1'AIRFAs group THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERI30RS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons or Organization(s) Where Required by Written Contract I A. SECTION III — WHO IS AN INSURED, within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of"your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. j EN0;118-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Under the Common Provisions, Section IV — LIMITS OF INSURANCE AND DEDUCTIBLE, item 2. is amended by the addition of the following: The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0301-0914 Page 1 of 1 194594 ' ® DATE(MMIDDIYWY( �4co z® CERTIFICATE OF LIABILITY INSURANCE orza/zols 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 have ADDITIONAL INSURED provisions or 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 endorsements . PRODUCER CONTACT NAME:. O TACTNAME; Sheri Johnson Commercial Lines-(509)358-3800 PHONE 509-358-3800 ' FAX 866-510-9588 (NC.14 E. _ (AIC No: Wells Fargo Insurance Services USA, Inc.-CA Lic#:OD08408 E-MAIL hlh ll D.com s _er.onson wesfar ADDRESS: ) g 601 W. 1 st Ave,Ste 800 INSURER(S)AFFORDING COVERAGE _ _ NAIC fI Spokane,WA 99201 INSURERA: Crum and Forster Specialty Ins Cc 44520 ..... ......_ INSURED INSURER B: Ohio Security Insurance Company - 24082 Watershed Environmental Solutions LLC _ INSURERC: PO Box 15028 _-_ - - INSURER D INSURER E: Turnwater,WA 98511 1 INSURER F: COVERAGES CERTIFICATE NUMBER: 10999725 REVISION NUMBER: See below THIS IS TO CERTIFY'CHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE IN gO DL SU p POLICY NUMBER BB MM1OVDDlYYYYY MMIOD YYVV LIMITS A X COMMERCIAL GENERAL LIABILITY X X EPK112846 05/21/16 05/21/17 EACH OCCURRENCE $ 3,000,000 DAMAGE CLAIMS-MADE X OCCUR _PREMISES re occurrenoe $ 50,000 X WA STOP GAP MED EXP(My one person) $ 5,000 X $2500 DEDUCTIBLE PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGRErGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY X.. JECT LOC PRODUCTS-COMP/OP AGO $ 3,000.000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1.000,000 B X X BAS 55541739 05121/16 05/21/17 Ea arrmert x ANY AUTO RUDE INJURY(Per person) $ OWNED SCHEDULED BODILY IN.NRY(Per amidenq 3 AUTOS ONLYN AUTOS $ —I,HIRED NON OWNEDPROPER TY DAMAGE x 'AUTOS ONLY AUTOS ONLY Pe,e.lden i I $ UMDFELLA LIAR OCCUR EACH OCCURRENCE 5 EXCESS LIAR CLAIMS-MADE AGGREGATE 5 OEC RETENTION$ —T PER 5 WORKERS COMPENSATION UIN AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRILTORIPARTNER/EXECUTIVE V� NIA EL:EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Maedalery in NH( E.L.DISEASE-EA EMPLOYEEI 5 yes, ho under DESCRIPTIIPTION OF OPERATIONS below D EL.DISEASE-POLICY LIMIT 5 I i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Addilianal Remarks SchedWe,may be attached if mare space is required) PROJECT: BRISCOE-DESIMONE LEVEE IMPROVEMENTS-REACH 1 RM 14.75 TO 14.96 MITIGATION PLANTING,PROJECT#09-3011 THE CITY OF KENT SHALL BE NAMED AS PRIMARY&NON-CONTRIBUTORY ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY WITH RESPECT TO THE WORK PERFORMED FOR THE CITY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE POLICY OVER ANY INSURANCE OR SELF-INSURANCE THE CITY MAY HAVE FOR ANY AND ALL WORK PERFORMED WITH THE CITY.ADDITIONAL INSURED AND WAIVER OF SUBROGATION AS RESPECTS AUTO LIABILITY. CERTIFICATE HOLDER CANCELLATION CITY OF KENT PUBLIC WORKS DEPARTMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 WEST GROVE ACCORDANCE WITH THE POLICY PROVISIONS. KENT,WA 98032 AUTHORIZED REPRESENTATIVE ge4 The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) Imla=enmo,o regacas mmma=a IDeasnz nao.e on rordameJ # EPK-112846 Schedule of Forms and Endorsements Form No. Forrn Title EN0001 Environmental Package Policy Declarations EN0002 Schedule of Forms and Endorsements CS07001 Signature Page EN0004 Claims Reporting EN0005 Service of Process Clause EN0007 Certified Acts of Terrorism and Other Acts of Terrorism Exclusion EN0009 Deductible Schedule Endorsement '... EN0010 Minimum Premium and Minimum Retained Premium EN0011 Privacy Notice EN0020 Common Provisions EN0021 Commercial General Liability Occurrence Coverage Part EN0023 Contractors Pollution Liability Occurrence Coverage Part '.. EN0025 Errors and Omissions Liability Coverage Part EN0050 Policyholder Notice-Emergency Response Hotline EN0051 Policyholder Notice-Spill Letter EN0052 Notice of Loss EN0111 Additional Insured —Owners, Lessees Or Contractors EN0115 Additional Insured —Designated Person or Organization-Ongoing Operations EN0118 Primary and Non-Contributory Additional Insured with Waiver of Subrogation EN0120 Breach of Contract Exclusion EN0159 Water Intrusion Exclusion EN0301 Aggregate Limits of Insurance Per Project EN0302 Employee Benefits Liability Coverage EN0304 Stop Gap—Employers Liability Coverage EN0346 Amendment to Damage to Your Work Exclusion EN0405 Transportation Pollution Liability Blanket Endorsement EN0412 Mold Definition Giveback EN0417 Regulated Non-Owned Disposal Site Coverage EN0419 Exclusion -Wrap-Up Or Owner Controlled Insurance Plan EN0728 Washington Common Policy Conditions IL P 0010104 U.S Treasury Department's Office of Foreign Assets Control ("OFAC")Advisory Notice to Policyholders EN0002-0211 # EPK-112846 T„ , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE {BEAD IT CAREFULLY. ADDITIONAL S 9 LESSEES CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Where Required By Written Contract. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by "your work" for that insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0111-0211 Page 1 of 1 # EPK-112846 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ® DESIGNATED PERSON R ORGANIZATION® ONGOING OPERATIONS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Where Required By Written Contract. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by your ongoing operations performed for that insured by you, or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0115-0211 Page 1 of 1 i # EPK-112846 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE BEAD IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)or Organization(s) Where Required By Written Contract. A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of"your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118-0211 Page 1 of 1 i # BAS55541739 COMMERCIAL. AUTO CA 08 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the fallowing: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER r ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 _= AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 u s AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE- BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 16 6 HIRED AUTO PHYSICAL. DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN I LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 19 SECTION II -LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED r SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to Include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or ', (3) Has exhausted Its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply spenifloally In excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 clays from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-Insured retention plan available to that organization; 020101-bedy Mutual Insurance Company.All rights reserved. CA 138 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 i i II (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily Injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES ASINSUI SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include I. the following as on Insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or barrow but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment Is excess over any other insurance available to any "amployce". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement Is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. •WHO IS AN INSURED is amended to Include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": '.. (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bands. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION ' C In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to n the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily Injury" '.... results from the use of a covered "auto" you own or hire. '.. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos". a. You hire, rent or borrow; or 02010 Libarly Mutual Insurance Company.All rights reserved. CA 06 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with Its Permission. Page 2 of 7 i b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or"loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cast of repairing at replacing the damaged or stolen property with other property of T= like kind and quality, minus a deductible. _ B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. s C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage aqua) to the broadest coverage applicable to any covered "auto" you awn. -= D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" If It results from an "accident', you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to; (1) Any "auto" that Is hired, rented or borrowed with a driver; or - (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. „ 7. TOWING AND LABOR SECTION III -PHYSICAL DAMAGE COVERAGE,paragraph A.2. Towing, Is amended by the addition of the following: We will pay towing and tabor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- shied: a. For private passenger type vehicles, we will pay up to S60 per disablement. b. For "light trucks", we will pay up to S50 per disablement. "Light trucks" are trucks that have a '.... gross vehicle weight (GVW)of 10,000 pounds or less. '... c. For'medium trunks" ,we will pay up to $1.50 per disablement. "Medium trunks" are trucks that have a gross vehicle weight (GVW)of 10,001 -20,OOD pounds. However, the labor must be performed at the place of disablement 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A4.a., Coverage Extension of SECTION III -PHYSICAL DAMAGE COVERAGE,is amend- ed to provide a limit of$50 per day and a maximum limit of$1,500 x 02010 Liberly Mutual Insurance Company.All rights reserved. '. CA 88 10 01 10 Includes copyrighted maleriat of Insurance Services Office Inc.,with its Pennlssion. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III-PHYSICAL DAMAGE COVERAGE.A.COVERAGE,is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Spec'rfied Causes of Lass or Collision Coverages. We will pay only for those expenses incurred after the first 24 haws following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehlcle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses Incurred by you to remove and replace your tools and equipment from the covered "auto", d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. a. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4, Coverage Extension. P. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10, EXTRA EXPENSE-BROADENED COVERAGE '.. Under SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE,we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000, 11. PERSONAL EFFECTS COVERAGE A, SECTION III - PHYSICAL DAMAGE COVERAGE. A. COVERAGE, Is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The Insurance provided under this provision Is excess over any other collectible Insurance. B. SECTION V-DEFINITIONS is amended by adding the following: j For the purposes of this provision, "personal effects" mean tangible property that Is worn or carried by an insured." "Personal effects" does not Include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION If - PHYSICAL DAMAGE. COVERAGE, B. EXCLUSIONS is amended by adding the fallow- Ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any Insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warrardy. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13, AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4,d. is deleted and replaced with the following: '.. ©2010 Liberty Mutual Insurance Company.All fights reserved, CA 00 10 01 10 Includes copyrighted material or Insurance Services Office Inc.,will- its Permission. Page 4 of 7 i I Exclusion 4.c. and 4A. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed In the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, In or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN J LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: f; The most we will pay for a "total loss" to a covered "auto" owned by or leased to you In any �. one "accident" Is the greater of the: s — 1, Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount or: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed tinder a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", I. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual x cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V-DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" Is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 020101-barly Mutual Insurance Company.All rights reserved, CA 00 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 I& GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 10. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE Is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 Ica. or less as defined by the manufacturer as maximum loaded weight the "auto' Is designed to carry while it Is: a. In the charge of an "insured"; '... b. Legally parkod; and c. Unoccupied. The"loss" most be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision dues not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV -BUSINESS AUTO CONDITIONS Is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the Inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirely by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, If you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident" or"loss" took place; (2) The "Insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.S., Transfer of Rights of Recovery '. Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident' or "loss", our rights are waived also. ©2010 Liberty Mutual Insurance Company.Atl rights reserved, CA 66 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV- BUSINESS AUTO CONDITIONS, paragraph B.7„ Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos hired 30 days or less, the coverage territory Is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, In the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V-DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V-DEFINITIONS, definition C.is replaced by the following: a "Bodily injury" means physical Injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS _ 22. EXTENDED CANCELLATION CONDITION rn COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. 8 f ®20101-iberly Mutual Insuranca Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with Its permission. Page 7 of 7 KENT SPECIAL PROVISIONS TABLE OF CONTENTS PAGE DIVISION 1 GENERAL REQUIREMENTS ..................................... 1 -1 1-01 Definitions and Terms...................................................... 1 -1 1-02 Bid Procedures and Conditions.......................................... 1 -2 1 -03 Award and Execution of Contract....................................... 1 -5 1-04 Scope of the Work .......................................................... 1 -5 1-05 Control of Work .............................................................. 1 -8 1-06 Control of Material .......................................................... 1-11 1-07 Legal Relations and Responsibilities to the Public................. 1-13 1 -08 Prosecution and Progress ................................................. 1-18 1 -09 Measurement and Payment .......................................I...... 1-22 1 -10 Temporary Traffic Control ................................................ 1-23 DIVISION 2 EARTHWORK.......................................................... 2-1 2-01 Clearing, Grubbing and Roadside Cleanup .......................... 2-1 2-07 Watering ....................................................................... 2-1 DIVISION 8 MISCELLANEOUS CONSTRUCTION ......................... 8-1 8-01 Erosion Control and Water Pollution Control ........................ 8-1 8-02 Roadside Restoration....................................................... 8-8 8-03 Irrigation Systems .......................................................... 8-14 8-27 Mulch ............................................... ............................ 8-24 8-30 Project Signs.................................................................. 8-25 DIVISION 9 MATERIALS............................................................ 9-1 9-03 Aggregates .................................................................... 9-1 9-14 Erosion Control and Roadside Planting ............................... 9-1 PERMITS......................................................................................... A-1 PREVAILING WAGE RATES.............................................................. A-2 Reach 1 Mitigation Planting/Langholz September 21, 2016 Project Number: 09-3011 KENT SPECIAL PROVISIONS The Kent Special Provisions ("Kent Special Provisions" or "KSP") modify and supersede any conflicting provisions of the 2016 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 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. DIVISION 1 - GENERAL REQUIREMENTS 1-01 DEFINITIONS AND TERMS SECTION 1-01.1 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 1-01.1 General When these 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 BY ADDING THE FOLLOWING: 1-01.2(2) Items of Work and Units of Measurement EA Each Eq. Adj. Equitable Adjustment FA Force Account HR Hour M GAL Thousand gallons N IC 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: 1 . What work will be done, and by when; 2. Who provides labor and materials; and Reach 1 Mitigation Planting/Langholz 1 - 1 September 21, 2016 Project Number: 09-3011 ',. 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 (also including amendments to the Standard Specifications issued by WSDOT as of the later date of bid advertisement or any subsequent addenda), Kent Standard Plans, Addenda, various certifications and affidavits, supplemental agreements, change orders, and subsurface boring logs (if any). Also incorporated in the Contract by reference are: 1 . Standard Plans (M21 -01) for Road, Bridge and Municipal Construction as prepared by the Washington State Department of Transportation and the American Public Works Association, current edition; 2. Manual on Uniform Traffic Control Devices for Streets and Highways, current edition, and; 3. American Water Works Association Standards, current edition; 4. The current edition of the "National Electrical Code." Responsibility for obtaining these publications rests with the Contractor. SECTION 1-01.3, "DEFINITIONS" IS SUPPLEMENTED BYADDING THE FOLLOWING DEFINITION: Incidental Work The terms "incidental to the project," "incidental to the involved bid item(s)," etc., as used in the Contract shall mean that the Contractor is required to complete the specified work and the cost of such work shall be included in the unit contract prices of other bid items as specified in Section 1-04.1 (Intent of the Contract). No additional payment will be made. 1-02 BID PROCEDURES AND CONDITIONS SECTION 1-02.1 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.1 Qualification of Bidders Bidders shall be qualified by ability, experience, financing, equipment, and organization to do the work called for in the Contract. The City reserves the right to take any action it deems necessary to ascertain the ability of the Bidder to perform the work satisfactorily. This action includes the City's review of the qualification information in the bid documents. The City will use this qualification data in its decision to determine whether the lowest responsive bidder is also responsible and able to perform the contract work. If the City determines that the lowest bidder is not the lowest responsive and responsible bidder, the City reserves its unqualified right to reject that bid and award the contract to the next lowest bidder that the City, in its solejudgment, Reach 1 Mitigation Planting/Langholz 1 - 2 September 21, 2016 Project Number: 09-3011 i determines is also responsible and able to perform the contract work (the "lowest responsive and responsible bidder"). SECTION 1-02.2 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.2 Plans and Specifications Upon awarding the Contract, the City shall supply to the Contractor, for its own use, up to ten (10) copies of the plans and specifications. If the Contractor requests more than ten (10) copies, the City may require the Contractor to purchase the additional sets. SECTION 1-02.5 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.5 Proposal Forms Prospective bidders may obtain Bid Documents including a "Bid Proposal" for the advertised project from the City upon furnishing a non-refundable payment as specified in the "Invitation to Bid" or by downloading at no charge at KentWA,gov/procurement; however, a prospective bidder remains responsible to obtain Bid Documents, even if unable to download all or any part of the documents, 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 Reach 1 Mitigation Planting/Langholz 1 - 3 September 21, 2016 Project Number: 09-3011 '.. be conditioned in any way to modify the minimum 5-percent required. The Surety shall: (1) be registered with the Washington State Insurance Commissioner, and (2) appear on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner. The failure to furnish a Bid deposit of a minimum of 5 percent with the Bid shall make the Bid nonresponsive and shall cause the Bid to be rejected by the Contracting Agency, SECTION 1-02.9 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: 1-02.10 Withdrawing, Revising, or Supplementing Proposal After submitting a Bid Proposal to the Contracting Agency, the Bidder may withdraw or revise it if: 1 . The Bidder submits a written request signed by an authorized person, and 2. The Contracting Agency receives the request before the time for opening Bids. 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 SY DELETING ITEM 1(a) AND REPLACING ITEM 1(a) WITH THE FOLLOWING: 1-02.13 Irregular Proposals a. The bidder is not prequalified when so required. Reach 1 Mitigation Planting/Langholz 1 - 4 September 21, 2016 Project Number: 09-3011 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 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 1-03.7 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 Reach 1 Mitigation Planting/Langholz 1 - 5 September 21, 2016 Project Number: 09-3011 proposal form, the entire cost of labor and materials required to perform that work shall be incidental and included with the bid item prices in the contract. SECTION 1-04.2 IS SUPPLEMENTED BY ADDING THE WORDS, "KENT SPECIAL PROVISIONS, KENT STANDARD PLANS"FOLLOWING THE WORDS, "CONTRACT PROVISIONS" IN THE FIRST SENTENCE OF THE FIRST PARAGRAPH. SECTION 1-04.2 IS REVISED BY DELETING ITEMS 1 THROUGH 7 IN THE SECOND PARAGRAPH AND REPLACING WITH THE FOLLOWING 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 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). 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 1-04.4 IS REVISED BY DELETING THE EIGHTH PARAGRAPH (NEXT TO THE LAST PARAGRAPH) AND REPLACING WITH THE FOLLOWING: Within 14 calendar days of delivery of the change order the Contractor shall endorse and return the change order, request an extension of time for endorsement or respond in accordance with Section 1-04.5. The Contracting Agency may unilaterally process the change order if the Contractor fails to comply with these requirements. Changes normally noted on field stakes or variations from estimated quantities, will not require a written change order. These changes shall be made at the unit prices that apply. The Contractor shall respond immediately to changes shown on field stakes without waiting for further notice. Reach 1 Mitigation Planting/Langholz 1 - 6 September 21, 2016 Project Number: 09-3011 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 1-04.9 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-04.9 Use of Private Properties Staging and storage locations needed for the Project must be properly permitted for that use. Limits of construction are indicated or defined on the plans. The Contractor shall confine all construction activities within these limits. If a staging and storage area is shown on the plans, the City will obtain all permits and approvals necessary for the Contractor's use. Whether the City does or does not provide a staging area, if the Contractor selects its own staging and storage area(s), it is the Contractor's sole responsibility to obtain all necessary permits/approvals to use the private property, specifically including, without limitation, all permits or approvals subject to State Environmental Policy Act, Shoreline Management Act, and critical areas regulations. Before using any other property as a staging or storage area (or for any other use), the Contractor shall thoroughly investigate the property for the presence of critical areas, buffers of critical areas, or other regulatory restrictions as defined in Kent City Code, county, state or federal regulations, and the Contractor shall provide the City written documentation that the property is not subject to other regulatory requirements or that the Contractor has obtained all necessary rights of entry, permits and 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. The Contractor shall not be entitled to additional compensation or an extension of the time of completion of the Contractor for any work associated with the permitting, mitigation or use of private property. SECTION 1-04.11 ITEM 2 IS DELETED AND REPLACED WITH THE FOLLOWING. 1-04.11 Final Cleanup 2. Remove from the project all unapproved and/or unneeded material left from grading, surfacing, paving, or temporary erosion control measures. Reach 1 Mitigation Planting/Langholz 1 - 7 September 21, 2016 Project Number: 09-3011 1-05 CONTROL OF WORK SECTION 1-05,4 IS REVISED BY DELETING THE LAST FOUR PARAGRAPHS. SECTION 1-05.4 IS REVISED BYADDING A PARAGRAPH AFTER PARAGRAPH 7 1-05.4 Conformity With and Deviations From Plans and Stakes Any additional staking and surveying work shall be the responsibility of the Contractor and the cost will be incidental to the other bid items. 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 by the Engineer, or fails to perform any part of the work required by the contract, the Engineer may provide the Contractor written notice establishing a date after which the City will correct and remedy that work by any means that the Engineer may deem necessary, including the use of City forces or other contractors. If the Engineer determines that the Contractor's failure to promptly correct any defective or any unauthorized work creates a situation that could be potentially unsafe or might cause serious risk of loss or damage to the public, 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. Direct and indirect costs incurred by the City attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment may be deducted by the Engineer from monies due, or to become due, the Contractor. Direct and indirect costs shall include, without limitation, compensation for additional professional services required, compensation and engineering and inspection 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 increase 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. Reach 1 Mitigation Planting/Langholz 1 - 8 September 21, 2016 Project Number: 09-3011 SECTION 9-05.9 IS SUPPLEMENTED WITH THE FOLLOWING NEW SUBSECTION. 1-05.9 Equipment 1-05.9(1) Operational Testing It is the intent of the City to have at the Physical Completion Date a complete and operable system. Therefore when the work involves the installation of machinery or other mechanical equipment, street lighting, electrical distribution of signal systems, building or other similar work, it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the Physical Completion Date. Whenever items of work are listed in the contract provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. In the event the contract does not specify testing time periods, the default testing time period shall be twenty-one (21) calendar days. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment that prove faulty or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing shall be included in the various contract bid item prices unless specifically set forth otherwise in the contract. Operational and test periods, when required by the Engineer, shall not affect a manufacturer's guaranties or warranties furnished under the terms of the Contract. SECTION 1-05.10 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-05.10 Guarantees In addition to any other warranty or guarantee provided for at law or in the parties' contract, the Contractor shall furnish to the Contracting Agency any guarantee or warranty furnished as a customary trade practice in connection with the purchase of any equipment, materials, or items incorporated into the project. Reach 1 Mitigation Planting/Langholz 1 - 9 September 21, 2016 Project Number: 09-3011 Upon receipt of written notice of any required corrective work, the Contractor shall pursue vigorously, diligently, and without disrupting city facilities, the work necessary to correct the items listed in the notice. Approximately sixty (60) calendar days prior to the one year anniversary of final acceptance, the Contractor shall be available to tour the project, with the Engineer, in support of the Engineer's effort to establish a list of corrective work then known and discovered. SECTION 1-05.13 IS REVISED BY INSERTING THE FOLLOWING PARAGRAPH AFTER THE FIRST PARAGRAPH: 1-05.13 Superintendents, Labor, and Equipment of Contractor Within ten (10) days of contract award, the Contractor shall designate the Contractor's project manager and superintendent for the contract work. SECTION 1-05. 13 IS REVISED BY INSERTING THE FOLLOWING PARAGRAPH AFTER THE THIRD PARAGRAPH (AS PRINTED /N THE 2016 WSDOT STANDARD SPECIFICATIONS): 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. THE LAST PARAGRAPH OF 1-05. 13 IS DELETED AND REPLACED WITH THE FOLLOWING: Whenever the City evaluates the Contractor's qualifications or prequalifications pursuant to Section 1-02.1 or RCW 47.28.070, the City may take these or other Contractor performance reports into account. SECTION 1-05. 14 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 1-05.14 Cooperation With Other Contractors Details of known projects are as follows: N/A SECTION 1-05 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTIONS: 1-05.16 Water and Power The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the Contract includes power or water as bid items, or unless otherwise provided for in other bid items. 1-05.17 Oral Agreements No oral agreement or conversation with any officer, agent, or employee of the City, either before or after execution of the contract, shall affect Reach 1 Mitigation Planting/Langholz 1 - 10 September 21, 2016 Project Number: 09-3011 i i 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 recorded and/or put in writing and signed by an authorized agent of the City. 1-06 CONTROL OF MATERIAL SECTION 1-06.2(2) 1S DELETED IN ITS ENTIRETY. 1-06.2(2) Statistical Evaluation of Materials for Acceptance SECTION 1-06 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTIONS. 1-06.7 Submittals 1-06.7(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 (1 A, 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. 1-06.7(2) Schedule of Submittals The Contractor shall create and submit three (3) copies of a schedule of submittals showing the date by which each submittal required for product review or product information will be made. The schedule can be modified, deducted, or added to by the City. The schedule shall be available at the preconstruction conference (see 1-08.0 of the Kent Special Provisions). The schedule of submittals must be accepted prior to the City making the first progress payment. The schedule shall identify the items that will be included in each submittal by listing the item or group of items and the Specification Section and paragraph number and bid item under which they are specified. The schedule shall indicate whether the submittal is required for product review of proposed equivalents, shop drawings, product data or samples or required for product information only. The Contractor shall allow a minimum of 21 days for the Engineer's review of each submittal or resubmittal. All submittals shall be in accordance with the approved schedule of submittals. Submittals shall Reach 1 Mitigation Planting/Langholz 1 - 11 September 21, 2016 Project Number: 09-3011 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. 1-06.7(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. 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. Reach 1 Mitigation Planting/Langholz 1 - 12 September 21, 2016 Project Number: 09-3011 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. 1-06.7(4) Proposed Equivalents The Engineer retains the exclusive right, at his or her sole discretion, to accept or reject any proposed equivalent with or without cause. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 1-07.2 State Taxes 1-07.2(1) State Sales Tax: WAC 458-20-171—Use Tax SECTION 1-07.2(1) IS REVISED BY DELETING THE SECOND PARAGRAPH AND REPLACING WITH THE FOLLOWING: Without waiving the Contractor's obligation to understand and apply these tax rules correctly, the City has indicated those parts of the project that are subject to use tax under Section 1 -07.2(1) in the proposal bid items. 1-07.2(2) State Sales Tax: WAC 458-20-170—Retail Sales Tax SECTION 1-07.2(2) IS REVISED BY DELETING THE SECOND PARAGRAPH AND REPLACING WITH THE FOLLOWING. Without waiving the Contractor's obligation to understand and apply these tax rules correctly, the City has indicated those parts of the Reach 1 Mitigation Planting/Langholz 1 - 13 September 21, 2016 Project Number: 09-3011 project that are subject to retail sales tax under Section 1 -07.2(2) in the proposal bid items. SECTION 1-07.6 IS SUPPLEMENTED BY INSERTING THE FOLLOWING PARAGRAPH BEFORE THE FIRST PARAGRAPH; 1-07.6 Permits and Licenses The City has obtained the following permits: None SECTION 1-07.6 IS SUPPLEMENTED BY INSERTING THE FOLLOWING PARAGRAPHS AFTER THE LAST PARAGRAPH: 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 work arising from the issuance of any permit. 1-07.9 Wages SECTION 1-07.9(1) IS SUPPLEMENTED BY INSERTING THE FOLLOWING PARAGRAPH AFTER THE SIXTH PARAGRAPH: 1-07.9(1) General To the extent allowed by law, 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. 1-07.13 Contractor's Responsibility for Work SECTION 1-07.13(4) IS REVISED BY DELETING THE SECOND SENTENCE OF THE FIRST PARAGRAPH AND DELETING THE LAST PARAGRAPH. SECTION 1-07. 14 IS REVISED BY ADDING THE FOLLOWING SENTENCE TO THE BEGINNING OF THAT SECTION: 1-07.14 Responsibility for Damage To the extent a conflict exists between the terms of this Section 1- 07.14 and Section 5 of the Contract, the terms of the Contract will control. Any reference to the State, Governor, Commission, Secretary, or all officers and employees of the State also will include the City, its officers and employees. Reach 1 Mitigation Planting/Langholz 1 - 14 September 21, 2016 Project Number: 09-3011 SECTION 1-07.15(1) IS REVISED BY ADDING THE FOLLOWING PARAGRAPH AFTER THE LAST PARAGRAPH: 1-07.15 Temporary Water Pollution Prevention 1-07.15(1) Spill Prevention, Control, and Countermeasures Plan When the proposal form includes multiple bid schedules and the "SPCC Plan" bid item is present in only one bid schedule, the lump sum payment item for the "SPCC Plan" in that one schedule will apply to all bid schedules for all costs associated with creating and updating the accepted SPCC Plan, and all costs associated with the setup of prevention measures and for implementing the current SPCC Plan as required by this Specifications. SECTION 1-07.17 IS REVISED BY ADDING THE FOLLOWING SENTENCE TO THE END OF THE SECOND PARAGRAPH: 1-07.17 Utilities and Similar Facilities i 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. I SECTION 1-07.77 IS SUPPLEMENTED BYADD/NG THE FOLLOWING NEW SECTIONS: 1-07.17(3) Utility Markings Once underground utilities are marked by the utility owner or its agent, and/or once new underground facilities have been installed by the Contractor, the Contractor/excavator is responsible to determine the precise location of underground facilities that may conflict with other underground construction. The Contractor shall maintain the marks or a record of the location of buried facilities for the duration of time needed to avoid future damage until installation of all planned improvements at that location is complete. 1-07.17(4) Payment All costs to comply with subsection 1-07.17(3) and for the protection and repair of all identified or suspected underground utilities specified in RCW 19,122 are incidental to the contract and are the responsibility of the Contractor/excavator. The Contractor shall include all related costs in the unit bid prices of the contract. No additional time or monetary compensation shall be made for delays caused by utility re- marking or repair of damaged utilities due to the Contractor's failure to maintain marks or to locate utilities in accordance with this section. Reach 1 Mitigation Planting/Langholz 1 - 15 September 21, 2016 Project Number: 09-3011 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. CenturyLink Comcast Jason Tesdal Bill Walker 206-345-3488 253-288-7538 206-683-4242 (cell) 206-255-6975 (cell) Puget Sound Energy Gas Puget Sound Energy Power Chang Pak Brian Swart 253-395-6988 253-395-6839 425-449-6735 (cell) 206-604-3687 (cell) Verizon Brad Landis 425-201-0901 425-766-1740 (cell) SECTION 1-07. f8 IS REVISED BYADD/NG THE FOLLOWING PARAGRAPH BEFORE THE FIRST PARAGRAPH: 1-07.18 Public Liability and Property Damage Insurance To the extent a conflict exists between the terms of this Section 1- 07.18 and the insurance requirements in Section 7 of the Contract, the terms of the Contract will control. Any reference to the State, Governor, Commission, Secretary, or all officers and employees of the State also will include the City, its officers and employees. Reach 1 Mitigation Planting/Langholz 1 - 16 September 21, 2016 Project Number: 09-3011 SECTION 1-07.23 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 1-07.23(3) High Water Events 1 . The Contractor shall monitor actual and forecasted water levels in the Green River daily. River levels can be monitored through the National Weather Service's web site: http://water.weather,gov/ahps2/hydrograph,phhp?wfo=sew&cage—aubwl 2. When the water levels are predicted to reach the work areas, stockpile or staging areas, the Contractor must remove their personnel, materials, equipment, and temporary facilities from within the floodway within 24 hours. The ordinary high water mark on this project was determined to be 2,500 cfs. 3. In the event large storms are forecasted, take precautions to secure and protect the Work and the site against damage during passage of the flood. 4. Damage to portable equipment and materials shall be the sole responsibility of Contractor. 5. In the event of predicted or actual water levels above the ordinary high water mark, the Engineer shall have the right to suspend the work until water levels recede. 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 6 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. It is anticipated that the City will have obtained all right of way, easements or right of entry agreements prior to the start of construction. Locations where these rights have not been obtained will be brought to the Contractor's attention prior to start of construction. The Contractor shall not proceed with any portion of the work in areas where right of way, easements or rights of entry have not been acquired until the Engineer certifies to the Contractor that the right of way or easement is available or that the right of entry has been received. Right of way not obtained from: 8206 S. Glacier St. TL 7888800070 6545 S. Glacier St. TL 7888900110 See right of way plans for location of parcels. Reach 1 Mitigation Planting/Langholz 1 - 17 September 21, 2016 Project Number: 09-3011 SECTION 9-07.24 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. It is anticipated that the City will have obtained all right of way, easements or right of entry agreements prior to the start of construction. Locations where these rights have not been obtained will be brought to the Contractor's attention prior to start of construction. The Contractor shall not proceed with any portion of the work in areas where right of way, easements or rights of entry have not been acquired until the Engineer certifies to the Contractor that the right of way or easement is available or that the right of entry has been received. SECTION 9-07.26 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.26 Personal Liability of Public Officers Neither the City, the Engineer, nor any other official, officer or employee of the City shall be personally liable for any acts or failure to act in connection with the contract, it being understood that, in these matters, they are acting solely as agents of the City. 1-08 PROSECUTION AND PROGRESS SECTION 1-08 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 1-08.0 Preconstruction and Preconstruction Conference The Engineer will furnish the Contractor with up to ten (10) copies of the plans and specifications. Additional documents may be purchased from the City at the price specified by the City or in the Invitation to Bid. Prior to undertaking each part of the work, the Contractor shall carefully study and compare the Contract and check and verify all pertinent figures shown and all applicable field measurements. The Contractor shall promptly report in writing to the Engineer any conflict, error or discrepancy that the Contractor discovers. After the Contract has been executed, but prior to the Contractor beginning the work, a preconstruction conference will be held with the Contractor, the Engineer and any other interested parties that the City determines to invite. The purpose of the preconstruction conference will be: 1 . To review the initial progress schedule. Reach 1 Mitigation Planting/Langholz 1 - 18 September 21, 2016 Project Number: 09-3011 2. To establish a working understanding among the various parties associated or affected by the work. 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc. 4. To verify normal working hours for the work. 5. To review safety standards and traffic control. 6. To discuss any other related items that may be pertinent to the work. The Contractor shall prepare and submit for approval, at or prior to the preconstruction conference the following: 1 . A price breakdown of all lump sum items. 2. A preliminary construction schedule. 3. A list of material sources for approval, if applicable. 4. Schedule of submittals. (See 1-06.6(2)) 5. Temporary Erosion/Sedimentation Control Plan (TESCP) for approval. 6. Traffic Control Plan (TCP) for approval. 7. Request to sublet, for approval by the Engineer, of all subcontractors. SECTION 9-08.4 IS DELETED AND REPLACED WITH THE FOLLOWING: I 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 Reach 1 Mitigation Planting/Langholz 1 - 19 September 21, 2016 Project Number: 09-3011 those times. The Contractor shall notify the Engineer at least 48 hours in advance (72 hours in advance for weekend work) so that the Inspector's time may be scheduled. Permission to work longer than an 8-hour period between 7:00 a.m. and 6:00 p.m. is not required. For any work outside of normal straight time working hours that requires city surveyors, all reasonable efforts shall be made by the Contractor to allow time for surveying to be completed during normal straight time hours. If city surveyors are required to work other than normal straight time hours at the convenience of the Contractor, all such work shall be reimbursed by the Contractor. Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject to noise control requirements. Approval to continue work during these hours may be revoked at any time the Contractor exceeds the City's noise control regulations or the city receives complaints from the public or adjoining property owners regarding noise from the Contractor's operations. The Contractor shall have no claim for damages or delays should this permission be revoked for these reasons. The Engineer may grant permission to work Saturdays, Sundays, holidays or other than the agreed upon normal straight time working hours, but may be subject to other conditions established by the City or Engineer. These conditions may include, but are not limited to the following: hours worked by City employees; impacts to the construction schedule; or accommodations to adjoining properties affected by the contract work. 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. The City will bill the Contractor 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. 1 . Locate work 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. 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. Reach 1 Mitigation Planting/Langholz 1 - 20 September 21, 2016 Project Number: 09-3011 1-08.4(8) 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. Unless previously approved by the Engineer, 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 1-08.5 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 1-08.6 IS REVISED BY DELETING THE FIFTH, SIXTH, AND SEVENTH 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. Reach 1 Mitigation Planting/Langholz 1 - 21 September 21, 2016 Project Number: 09-3011 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. In any event, no protest will be allowed later than the date of the Contractor's signature on the Final Pay Estimate. 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. The Engineer will determine if an equitable adjustment in cost or time is due as provided in this Section. The equitable adjustment for increase in costs, if due, shall be subject to the limitations provide in Section 1 - 09.4, provided that no profit of any kind will be allowed on any increase in cost necessarily caused by the suspension. SECTION 1-08.7 MAINTENANCE DURING SUSPENSION IS REVISED BY DELETING THE FOURTH AND SIXTH PARAGRAPHS. 1-09 MEASUREMENT AND PAYMENT 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'sjudgment, 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. Reach 1 Mitigation Planting/Langholz 1 - 22 September 21, 2016 Project Number: 09-3011 SECTION 1-09. 11(3) IS DELETED AND REPLACED WITH THE FOLLOWING: 1-09.11 (3) Time Limitations and Jurisdiction This contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any claims or causes of action arising from this contract shall be exclusively in the Superior Court of King County, located in Kent, Washington. For convenience of the parties to this contract, it is mutually agreed that any claims or causes of action which the Contractor has against the City arising from this contract shall be brought within 180 days from the date of Final Acceptance of the contract by the City. The parties understand and agree that the Contractor's failure to bring suit within the time period provided shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when any claims or causes of action that a Contractor asserts against the City arising from this contract are filed with the City or initiated in court, the Contractor shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims or actions. SECTION 1-09. 13 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-09.13 Final Decision and Appeal All disputes arising under this contract shall proceed pursuant to Section 1 -04.5 and 1-09.11 of the 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 flaggers, signs, and other traffic control devices not otherwise specified as being furnished by the City. The Contractor shall erect and maintain all construction signs, warning signs, detour signs, and other traffic control devices necessary to warn and protect the public at all times from injury or damage as a result of the Contractor's operations that may occur on highways, roads, streets, Reach 1 Mitigation Planting/Langholz 1 - 23 September 21, 2016 Project Number, 09-3011 sidewalks, pedestrian paths, or bicycle paths. No work shall be done on or adjacent to any traveled way until all necessary signs and traffic control devices are in place in accordance with Traffic Control Plans. The trail shall remain open to all pedestrian and bicycle traffic unless the Contractor receives written approval from the Engineer stating otherwise. SECTION 1-10.2(1) IS SUPPLEMENTED BYADDING THE FOLLOWING: 1-10.2(1) General The TCS shall be certified as a work site traffic control supervisor by one of the following: Evergreen Safety Council 401 Pontius Avenue North Seattle, WA 98109 1-800-521-0778 or206-382-4090 The Northwest Laborers-Employers Training Trust 27055 Ohio Avenue Kingston, WA 98346 360-297-3035 1-10.3(3) Traffic Control Devices SECTION 1-10.3(3)A IS DELETED AND REPLACED WITH THE FOLLOWING: 1-10.3(3)A Construction Signs Payment for setup and take down of construction signs will be under the contract price for "Traffic Control Labor" and will be limited to the work described in Section 1-10.3(1) of the WSDOT Standard Specifications, and for transportation described in Section 1 -10.3(2) of the WSDOT Standard Specifications when there is a contract price for "Traffic Control Vehicle." SECTION 1-10.3 IS SUPPLEMENTED BY ADDING 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: Reach 1 Mitigation Planting/Langholz 1 - 24 September 21, 2016 Project Number: 09-3011 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 DELETEDAND REPLACED WITH THE FOLLOWING: 1-M5 Payment Payment will be made in accordance with Section 1 -04.1, for the following bid items when they are included in the Proposal: The unit contract price for "Traffic Control Labor" per hour shall be full pay for all.costs for the labor provided for performing those construction operations described in Section 1-10.2(1)B, and Section 1-10.3(1) of the WSDOT Standard Specifications, and as authorized by the Engineer. The hours eligible for "Traffic Control Labor" shall be limited to the hours the worker is actually performing the work as documented by traffic control forms provided by the Contractor's TCM, and verified by the City Inspector's records, and the Contractor's Certified Payroll Records submitted to the City Inspector on a weekly basis. The unit contract price for "Traffic Control Supervisor" per hour shall be full pay for each hour a person performs the Traffic Control Supervisor duties described in Section 1-10.2(1)B of the WSDOT Standard Specifications. Payment for traffic control labor performed by the Traffic Control Supervisor will be paid under the item for "Traffic Control Labor". The lump sum contract price for "Temporary Traffic Control Devices" shall be full pay for providing the work described in Section 1-10.3(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. Reach 1 Mitigation Planting/Langholz 1 - 25 September 21, 2016 Project Number: 09-3011 '.... 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. Reach 1 Mitigation Planting/Langholz 1 - 26 September 21, 2016 Project Number: 09-3011 DIVISION 2 ® EARTHWORK 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP SECTION 2-01. 1 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 2-01.1 Description The City is having the site cleared and herbicide sprayed twice prior to the end of October 2016. The Contractor shall clear, grub, and clean up all material within the right of way as shown on the plans. Only remove trees and other vegetation identified by the Engineer. The Contractor shall notify the Engineer of any trees that require removal that are not already shown on the plans. The Contractor shall not remove any trees without prior approval by the Engineer. Grubbing shall consist of the removal and satisfactory disposal of stumps, roots, and matted roots from the designated grubbing areas. Grubbing shall be accomplished to a depth of at least 3 feet below the existing ground surface and shall include removal of roots greater than 1-112 inches in diameter unless roots extend into or beneath the levee embankment. If roots extend into or beneath the embankment, all roots shall be removed. Stump and root removal shall be immediately followed by filling of all holes and depressions which result from the removal of stumps, roots, and matted roots below the depth where stripping is required. Contractor shall fill all holes caused by grubbing operations with levee embankment fill placed in thin lifts and compacted as specified in paragraph 2.03.3(14)B, Earth Embankment Construction. SECTION 2-01.3(2) ITEM 2. e. IS DELETED AND REPLACED WITH THE FOLLOWING: 2-01.3(2) 2. e. Upon which embankments will be placed. All stumps shall be removed and grubbed as specified above. 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. Reach 1 Mitigation Planting/Langholz 2 - 1 September 21, 2016 Project Number: 09-3011 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. Reach 1 Mitigation Planting/Langholz 2 - 2 September 21, 2016 Project Number: 09-3011 DIVISION 8 - MISCELLANEOUS CONSTRUCTION 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. SECTION 8-01.2 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 Fertilizer ...............................8-01 .3(2)B and 9-14.3 Mulch and Amendments ..........8-01 .3(2)D and 9-14.4 Tackifier ...............................8-01 .3(2)E and 9-14.4(7) Straw Mulch ..........................9-14.4(1) Coir Fabric ............................9-14.5(2) Straw Wattle .........................9-14.5(5) 8-01.3 Construction Requirements SECTION 8-07.3(1) IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-01.3(1) General Preventing and controlling pollution, erosion, runoff, and related damage requires the Contractor to install temporary stormwater best management practices (BMPs) as per the plans and as directed by the City. As site conditions dictate, additional BMPs may be required. The contractor shall anticipate the need for additional best management practices and propose necessary changes to the City. Should the Contractor fail to install the required temporary erosion and sediment control (TESC) measures or to perform maintenance in a timely manner, or fail to take immediate action to install additional approved measures, all fines, cost of cleanup, costs for delays and 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. Reach 1 Mitigation Planting/Langholz 8 - 1 September 21, 2016 Project Number: 09-3011 The Contractor shall provide the Engineer a minimum of two working days notice prior to clearing adjacent to any wetland, creek or other sensitive area. During the construction period, no disturbance beyond the flagged clearing limits shall be permitted. The flagging shall be maintained by the Contractor for the duration of construction. The TESC facilities shall be in accordance with and conform to the Kent Surface Water Design Manual, the WSDOT Standards Specifications, and the Ecology Construction Stormwater General Permit (if applicable), except as modified by the Kent Design and Construction Standards or these Kent Special Provisions. It shall be the responsibility of the Contractor to notify the City at once of any TESC deficiencies or changes in conditions such as rutting and or erosion that may occur during construction. The Contractor may recommend possible solutions to the Engineer in order to resolve any problems that are occurring. The requirements of this section shall apply to all areas of the site subject to construction activity as described in the WSDOT Standard Specifications, the Kent Special Provisions and contract plans, including Contractor construction support facilities, Contractor personnel parking areas, equipment and material storage/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 B-01.3(1)A IS 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 . Spill Prevention Control and Countermeasures Plan 2. Name and contact info for Contractor's CESCL SECTION B-01.3(1) IS SUPPLEMENTED BY ADDING 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 Reach 1 Mitigation Planting/Langholz 8 - 2 September 21, 2016 Project Number: 09-3011 4. Construction Stormwater General Permit — WA Department of Ecology 8-01.3(1)G Water Quality Monitoring Sampling of site stormwater discharges is only required if the project is covered under the WA Department of Ecology Construction Stormwater General Permit or if there is a suspected discharge that exceeds state water quality standards. If the project is covered under the Construction Stormwater General Permit, then the Contractor shall conduct sampling as per the conditions listed in the permit. Any results that are outside the appropriate range of compliance will require immediate implementation of adaptive management as outlined in applicable permits, Stormwater pollution prevention plan, and as directed by the Engineer. All sampling records shall be submitted to the Engineer by the last day of the monitoring period. All necessary adaptive management requirements shall be the responsibility of the Contractor to implement and maintain. All costs for this work shall be included in the various unit contract bid prices. 8-01.3(2) Seeding, Fertilizing and Mulching SECTION 5-09.3(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. Reach 1 Mitigation Planting/Langholz 8 - 3 September 21, 2016 Project Number: 09-3011 Hydroseed mixture to be applied by an approved hydro seeder which utilizes water as the carrying agent, and maintains continuous agitation through paddle blades. It shall have an operating capacity sufficient to agitate, suspend, and mix into a homogeneous slurry the specified amount of seed and water or other material. Distribution and discharge lines shall be large enough to prevent stoppage and shall be equipped with a set of hydraulic discharge spray nozzles that will provide a uniform distribution of the slurry. The seed and fertilizer cannot be placed in the tank more than 30 minutes prior to application. The seed and fertilizer shall have a tracer added to visibly aid uniform application. This tracer shall not be harmful to plant and animal life. If wood cellulose fiber is used as a tracer, the application rate shall not exceed 25 pounds per acre. Areas where hydroseeding is not practical must be seeded by approved hand methods as approved by the engineer. When seeding by hand, Contractor shall incorporate seed into the top 1/4 inch of soil. The hydroseed slurry shall consist of the following materials mixed thoroughly together and applied in the quantities indicated. 1 . Grass Seed: Mixture shall be fresh, clean, new crop seed. Seed to be mixed mechanically on the site or may be mixed by the dealer. If seed is mixed on site, each variety shall be delivered in the original containers bearing the dealer's guaranteed analysis. If seed is mixed by the dealer, the Contractor shall furnish to the Engineer the Dealer's guaranteed statement of the composition of the mixture and the percentage of purity and germination of each variety. Grass seed shall be purchased from a recognized distributor and shall be composed of the varieties mixed in the proportions indicated in the WSDOT Standard Specifications and Kent Special Provisions. Seed shall meet the minimum percentages of purity and germination specified Section 9-14.2 of the Kent Special Provisions. Seed shall be applied at the rate of 120 pounds per acre. 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. Mix A shall be used as the standard hydroseed mix unless otherwise specified herein or on approved project plans. Mix B shall be used exclusively for seeded areas adjacent to grass lawns, within seeded medians, and within seeded traffic islands. In addition, Mix B shall be used for all seeded areas not specifically showing Mix A on the plans, or where otherwise directed by the Engineer. Reach 1 Mitigation Planting/Langholz 8 - 4 September 21, 2016 Project Number: 09-3011 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. 4. Fertilizer: All areas which are seeded shall receive fertilizer of the following proportions and formulation applied at the rate of 400 pounds per acre. All areas which are seeded shall receive fertilizer meeting the requirements of Section 9-14.3 of the Kent Special Provisions. Fertilizer shall not be applied on any creek sideslopes in order to avoid contamination of these creeks. 5. Hand Seeding: Seeding shall be applied at the rate of 6 pounds per 1 ,000 square feet. The seed shall be applied by an approved hand held spreader. The seed shall be evenly distributed over the disturbed area. Apply seed mix after fertilizing and rake the seed into the surface soil to a depth of 1/4-inch. 6. If the slurry is used for temporary erosion control it shall be applied at the following rates: EROSION CONTROL: Seed 170 Ibs/acre of "Mix A" unless otherwise directed by Engineer. Fertilizer 400lbs/acre Woad Fiber 2,000 Ibs/ acre Tackifier 80lbs/acre SECTION 5-01.3(2)D IS DELETED AND REPLACED WITH THE FOLLOWING: 8-01 .3(2)D Mulching Wood cellulose fiber mulch conforming to Section 9-14.4 of the WSDOT Standard Specifications shall be used where mulch is called for on this project. The application rate shall be 2,000 pounds to the acre in accordance with Section 8-01 of the WSDOT Standard Specifications. Mulch shall be incorporated into the slurry of seed and fertilizer. Mulch of the type specified in Section 9-14.4(2) shall be included in the hydroseeding process. Wood cellulose fiber used as a mulch shall be suitable for application with hydroseeders as specified in Section Reach 1 Mitigation Planting/Langholz 8 - 5 September 21, 2016 Project Number: 09-3011 8-01 .3(2)B. The application of seed, fertilizer, and mulch shall be required in a single operation for all seed applications, unless otherwise directed. Mulch materials, shall be furnished, hauled, and evenly applied at the rates indicated, and shall be spread on seeded areas immediately after seeding unless otherwise specified. Distribution of straw mulch material shall be by means of an approved type mulch spreader, which utilizes forced air to blow mulch material on seeded areas. In spreading straw mulch, the spreader shall not cut or break the straw into short stalks. Straw mulch shall be applied at a rate to achieve a loose, overall thickness of three (3) inches. Areas not accessible by mulching equipment shall be mulched by approved hand methods and shall achieve similar results. Mulch sprayed on signs or sign structures shall be removed the same day. SECTION 8-01.3(2)E IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-01.3(2)E Soil Binders and Tacking Agents Unless specified otherwise, wood cellulose fiber mulch per Section 9-14.4(2) of the WSDOT Standard Specifications shall have tackifier incorporated into the mulch fiber during manufacture. If additional tackifier is required, the tackifier shall be Type A as specified in Section 9-14.4(7) of the WSDOT Standard Specifications. When specified, soil binders and tacking agents shall be applied in accordance with the manufacturer's recommendations. SECTION 8-01.3(2)F IS REVISED BY DELETING THE FIRST THREE PARAGRAPHS AND REPLACING WITH THE FOLLOWING: 8-01 .3(2)F Dates for Application of Final Seed, Fertilizer, and Mulch Unless otherwise approved by the Engineer, the final application of seeding, fertilizing, and mulching of slopes shall be performed during the following periods: West of the summit of the Cascade Range - March 1 to May 15 and 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 Reach 1 Mitigation Planting/Langholz 8 - 6 September 21, 2016 Project Number: 09-3011 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)14 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.3(2)H Inspection Inspection of seeded areas shall be made upon completion of seeding operations, at the end of the maintenance period, and at any time during the maintenance period. The Contractor shall reseed, re-mulch or re-fertilize as required to establish a uniform, thick stand of grass. A uniform stand of grass shall be defined as any grass area with no spots greater than one square foot. Areas failing to show a uniform thick, healthy stand of grass after the maintenance period shall be reseeded consistent with the Kent Special Provisions at the Contractor's expense. Reseeded areas will be subject to inspection for acceptance. 8-01.3(9) Sediment Control Barriers SECTION 8-01.3(9)D IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-01.3(9)D Inlet Protection Cleaning and maintenance of inlet protection shall not flush sediment, or sediment-laden water into the downstream system. SECTION 8-01.3 IS SUPPLEMENTED BYADDING THE FOLLOWING NEW SECTION. 8-01.3(17) Vehicle Maintenance and Storage Handling and storage of fuel, oil and chemicals shall not take place within 50 feet of waterways. Storage shall be in dike tanks and barrels with drip pans provided under the dispensing area. Shut-off and lock valves shall be provided on hoses. Fuel, oil, and chemicals shall be dispensed only during daylight hours unless approved by the engineer. Fencing shall be provided around storage area. Locks shall be provided on all valves, pumps, and tanks. Materials used to clean up fuel, oil, and chemical spills shall be disposed of as directed by the engineer. Water used for washing vehicles and equipment shall not be allowed to enter storm drains or other State waters. No processed waste water(s) of any kind shall be discharged onto the ground, to surface waters, or to stormwater conveyance systems. Reach 1 Mitigation Planting/Langholz 8 - 7 September 21, 2016 Project Number: 09-3011 SECTION B-01.5 IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-01.5 Payment The unit contract price per square yards 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. The unit contract price per square yard for "Coir Fabric" shall be full compensation for all labor, materials, tools and equipment necessary to install the fabric per the plans and these specifications. The unit contract price per hour for "ESC Lead" shall be full pay for all duties outlined in Section 8-01 .3(1)B (Erosion and Sediment Control (ESC) Lead) in per hour increments. 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. Number of Specified Items Required: Wherever in these Kent Special Provisions an article, device or piece of equipment is referred to in the singular number, such reference shall include as many such items as are shown on drawings or required to complete the installation. Reach 1 Mitigation Planting/Langholz 8 - 8 September 21, 2016 Project Number: 09-3011 SECTION 8-02.1 IS SUPPLEMENTED BYADDING THE FOLLOWING NEW SECTION: 8-02.1 (1) Submittals The Contractor shall submit within 20 days after Notice to Proceed date a list of all plant material indicating source of supply, order invoice, size and quantity for such species or variety. All plant materials shall meet requirements of State and Federal laws with respect to inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plant material and submitted to the Engineer. SECTION 8-02.2 IS DELETED AND REPLACED WITH THE FOLLOWING: 8-02.2 Materials Materials shall meet the requirements of the following sections: Seed ....................................................... 9-14.2 Fertilizer.................................................. 9-14.3 Mulch and Amendments............................. 9-14.4 Wood Cellulose Fiber ................................. 9-14.4(2) Special Planting Mixture............................. 9-14.4(9) Erosion Control Devices ............................. 9-14.5 Coir Fabric ............................................... 9-14.5(2) Plant Materials.......................................... 9-14.6 Street Trees............................................. 9-14.6(1)A Stakes, Guys and Wrapping ....................... 9-14.7 Tree Ties ................................................. 9-14.7(1) Water for Plants........................................ 9-25.2 Botanical identification and nomenclature of plant materials shall be based on descriptions by Bailey in "Hortus Third" or superseding editions and amendments. 8-02.3 Construction Requirements SECTION 8-02.3(1) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-02.3(1) Responsibility During Construction The Contractor shall at all times keep the 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. Reach 1 Mitigation Planting/Langholz 8 - 9 September 21, 2016 Project Number: 09-3011 SECTION 8-02.3(3) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-02.3(3) Weed and Pest Control During the maintenance period, all weeds are to be removed by hand. For the purposes of this contract, a "weed" is defined as any non- native, invasive species, including, but not limited to: Reed canary grass, Japanese (or Bohemian) knotweed, Scot's broom, Himalayan blackberry, common tansy and tansy ragwort. SECTION 8-02.3(5) IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-02.3(5) Planting Area Preparation The Contractor shall excavate planting pits to a depth of three feet below the top of adjacent sidewalks, or adjacent ground if trees are not being planted in sidewalk cutouts. Tree pits shall be about three feet in diameter, and shall be neat and uniform basins around each tree. The Contractor shall then place special planting mixture into the tree basins, bringing to grade about one and one-half foot below the top of the planter by compaction by repeated watering. Refer to Section 8-02.3(4) of the WSDOT Standard Specifications, SECTION B-02.3(7) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-02.3(7) Layout of Planting The location of plantings shall be according to the landscaping details, unless otherwise directed by the Environmental Ecologist. Trees will in general be placed 10 feet or more away and shrubs 5 feet or more away from the 15' Trail Clear Zone demarcation line (see plans) to maintain a clearing as plants mature. The Contractor shall layout tree, shrub and herbaceous plant locations and request approval from the Environmental Ecologist before planting begins. SECTION B-02.3(8) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-02.3(8) Planting All plants shall be carefully placed in excavated holes to prevent damage to fibrous root systems during placement and backfilling operations, with burlap or container removed. Plants shall be set vertically in the center of the pits, backfilled with native soil, watered and settled so that the crown of the root ball will have the same relation to finished grade as it bore to the grade of the ground from which it was dug. Reach 1 Mitigation Planting/Langholz 8 - 10 September 21, 2016 Project Number: 09-3011 SECTION 8-02.3(9) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-02.3(9) Pruning, Staking, Guying, and Wrapping Pruning shall be limited to the minimum amount necessary to remove injured twigs and branches. Only cut injured limbs to the nearest lateral bud. Do not apply tree wound paint or petroleum product to tree cuts. Stake trees only if necessary (typically if tree is > 4' tall). Stake trees at one-third of height with tree ties" or Engineer approved alternative. SECTION 8-02.3(11) IS REVISED AS FOLLOWS: 8-02.3(11) Bark or Wood Chip Mulch Arborist Mulch shall be placed at a uniform depth as shown in details throughout the planting areas except for the seed mix planting areas. Arborist Mulch shall comply with 9-14.4(10) of these Kent Special Provisions. SECTION 8-02.3(13) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-02.3(13) Plant Establishment The Contractor is responsible for maintaining all trees and shrubs in a clean and thriving condition for a period of not less than three calendar years. The period of maintenance shall begin upon final installation and inspection of work, and subsequent written notification by the Engineer. Maintenance shall include all necessary cleaning, weeding, pruning, watering, and one supplemental feeding with approved fertilizer. The Contractor shall water all trees and shrubs a minimum of once per week during the months of June through September to establish the vegetation during the dry summer months, and at other times as needed during the warranty period to keep the plants in a vigorous, healthy state. Maintenance of this watering schedule is critical to the survival of the trees and shrubs. Plant Establishment — Year 2 & 3 The Plant Establishment Plan shall show the scheduling, frequency, dates, materials and equipment utilized, whichever may apply, for all plant establishment activities including, but not limited to, the following: A. Plant Establishment Activities 1 . Weed Control for Target Weeds within Planting Areas 2. Fertilizing 3. Watering 4. Litter and Debris Removal 5. Pruning 6. Insect and Disease Control Reach 1 Mitigation Planting/Langholz 8 - 11 September 21, 2016 Project Number: 09-3011 7. Erosion Control Methods and Procedures 8. Plant Replacement Also indicate the following: A. Supervisor/Responsible Contact Name 1 . Local address 2. Local telephone number B. Sign and date the Plant Establishment Plan Failure to comply with the plant establishment plan or to revise the plan as needed or to comply with corrective steps outlined by the Engineer will increase the duration of current years plant establishment period and will result in a suspension of time for first, second or third year plant establishment period. Any such suspension of time will not be lifted until all unsatisfactory conditions have been corrected to the satisfaction of the Engineer, Watering shall be sufficient to supplement natural rainfall for all plants at a minimum rate of one (1) inch of water per week. During the one, two and three year plant establishment periods, the Contractor shall maintain all plant establishment areas in a condition that is free of unwanted vegetation. Weeds and unwanted vegetation shall not be allowed to reach seed stage. The Contractor shall perform all other work necessary to the continued healthy and vigorous growth of all plant material as ordered by the Engineer. The Contractor shall perform this work on a force account basis at the direction of the Engineer. SECTION 8-02.3(14) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-02.3(14) Plant Replacement The Contractor shall replace all trees and shrubs which, in the opinion of the City Environmental Ecologist, have failed to establish themselves during the maintenance period at its sole expense. All replacement planting shall be conducted in conformance to these specifications. SECTION 5-02.3 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 8-02.3(17) Plant and Site Protection During Entire Construction Period The Contractor shall: 1 . Protect existing trees to remain and new plants against injury and damage, including but not limited to: cutting, breaking, or skinning of roots, trunk or branches, or smothering by stockpiling construction material, or compaction by equipment. Reach 1 Mitigation Planting/Langholz 8 - 12 September 21, 2016 Project Number: 09-3011 it 2. Keep all heavy equipment (e.g., backhoe) outside of the drip lines of all existing trees, so as not to damage the root systems. 3. Notify Engineer immediately if a conflict arises between construction activity and the protection of trees and shrubs; alter methods as necessary and as approved by the Engineer. SECTION 8-02.4 IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-02.4 Measurement Arborist mulch will be measured by the cubic yard in the haul conveyance at the point of delivery. SECTION 8-02.5 IS SUPPLEMENTED BY ADDING THE FOLLOWING; 8-02.5 Payment "PSIPE Picea sitchensis (Sitka Spruce) 1 gal" "PSIPE Acer macrophhyllum (Big Leaf Maple) 5 gal" "PSIPE Fraxinus latifolia (Oregon Ash) 1 gal" "PSIPE Prunus emarginata (Bitter Cherry) 1 gal" "PSIPE Cornus sericea (Red Osier Dogwood) 1 gal" "PSIPE Physocarpus capitatus (Pacific Ninebark) 1 gal" "PSIPE Lonicera involucrata (Black Twinberry) 1 gal" "PSIPE Symphoricarpos albus (Snowberry) 1 gal" "PSIPE Ribes sanguineum (Red Flowering Currant) 1 gal" "PSIPE Salix sitchensis (Sitka Willow) 3' live cutting 3/4" diameter" 'PSIPE Salix lucida (Pacific Willow) live stake, 3' x 3/4" 'PSIPE Populus trichocarpa SSP. Trichocarpa (Black Cottonwood) 6' live cutting, 6" diameter maximum" "PSIPE Holodiscus discolor (Oceanspray) 1 gal" "PSIPE Rubus spectabilis (Salmonberrv) 1 gal" "PSIPE Rubus parviflora (Thimbleberry) 1 gal" "PSIPE Rosa nutkana (Nootka Rose) 1 gal" The unit contract bid price per each for the above items shall be complete compensation for all materials, labor, tools and equipment necessary to furnish and install the plants. This item includes but is not limited to mulch, fertilizer, watering, planting mixture, tree ties and stakes, and for watering and maintaining for a period of not less than three calendar years. Plant Establishment — Year 2 & 3 As the plants that include plant establishment — year 2 and 3 are grown, partial payments shall be made upon reaching the following plant establishment milestones after inspection by the Engineer. Reach 1 Mitigation Planting/Langholz 8 - 13 September 21, 2016 Project Number: 09-3011 Plant Establishment Milestone Payment Completion of the initial weed control Work for 30 percent year July 15th 60 percent September 30th 80 percent Completion of second and third-year plant 100 establishment or after all replacement plants percent have been installed, whichever is later Plant establishment milestones are achieved when plants meet conditions described in Section 8-02.3(13). SECTION 8-03 IS DELETED AND REPLACED WITH THE FOLLOWING: 8-03 IRRIGATION SYSTEMS 8-03.1 Description It is the intention of these specifications to define performance and material requirements for the selected contractor to design and install an efficient and fully automatic temporary irrigation system for all landscaping plants. The work covers a complete, automatically controlled, temporary irrigation system — including: all required design criteria, trenching, backfilling and compacting; sleeving, installation of pipe, valves, drip line, fittings, and all other appurtenances; connections to water services or water tanks, testing; installation of controller(s), electrical connections and wiring and system fine tuning. Coordinate all work with other trades. Unless otherwise directed by the Engineer, the Contractor shall install the following components for optimal water efficiency: • Drip/micro irrigation for all areas. • Check valves to retain water in lateral pipes between cycles. • Demand based irrigation controls (i.e., weather or sensor based controls). • Rain, freeze, and wind sensors to interrupt irrigation during unfavorable weather conditions. A. Work and materials shall be in accordance with the latest rules, regulations and other applicable state or local—plumbing, electrical, and health codes. Nothing in the Contract Documents is to be construed to permit work not conforming to these codes. B. Obtain and pay for all permits, approvals and inspections required by the local jurisdictional authorities for the full operation of the system. C. Contractor shall coordinate all irrigation work with other trades. This includes but is not limited to: location and electrical point of connection at irrigation controller (or use of battery or solar operated controller), irrigation sleeving under pavement, irrigation water meter installation. Reach 1 Mitigation Planting/Langholz 8 - 14 September 21, 2016 Project Number: 09-3011 D. Contractors must be Washington State Licensed landscape contractor with at least three years of irrigation installation experience. SUBMITTALS A. Irrigation Design and Plan Review. The temporary irrigation system shall be designed in accordance with common design principles and take into account the various soil conditions, exposures, slopes, plant densities, water requirements and restrictions of the site. The Contractor shall provide two sets of irrigation plans on reproducible material or CAD format. Base sheets, planting plans, and grading plans will be provided by the City of Kent. Minimum system coverage performance criteria is 100% plant watering for dripline irrigation. Contractor should exercise professional judgment in equipment selection and equipment location. Drawings shall be clear and concise with the following information indicated at a minimum: 1 . Layout/location of all proposed equipment—which may include, irrigation dripline, main and lateral lines; sleeving; isolation, automatic and drain valves; quick couplers; backflow prevention and pressure regulation devices; controllers, weather sensors; water meter. 2. Size of all pipe, sleeves, valves (include GPM per zone), backflow prevention devices, meter (include inlet and outlet of supply line), controller etc. 3. Graphic and written legend clearly indicating symbols used for individual product types, materials and nozzles etc. 4. Graphic installation details for drip line types, valves, backflow preventer, quick couplers, drain valves etc. 5. Elevation of point of connection and static water pressure at that ,elevation. B. Water schedule: Provide two irrigation watering schedules consistent with overall project Water Budget. The schedule shall address the initial establishment phase of the landscape and the second schedule shall be designed to address an established landscape. Both schedules shall be seasonal in nature. Post both schedules, laminated, on controller. I C. Contractor shall submit irrigation design drawings and hydraulic calculations a minimum of 3 weeks prior to start of work to the City of Kent for review. Review of plans and materials by the City of Kent does not change the Contractor's responsibility for the design and installation of a properly working system. Construction work will not proceed until the deign review process is complete. Reach 1 Mitigation Planting/Langholz 8 - 15 September 21, 2016 Project Number: 09-3011 I D. Contractor shall show hydraulic calculations for largest zone and the zone farthest from the point of connection on the plans. E. Mainline flows should not exceed 5' per second. Lateral lines should be sized so that there are no more than a 15% pressure loss from the first head on the zone to the last head. F. Product Data. Submit product data with design documents (a minimum of 2 weeks before beginning work). Include data for all products to be installed in this system. Include material showing manufacturers instructions for each product. G. Point of Connection Water Pressure Test: Test water pressure at the irrigation system point of connection prior to beginning work. Verify pressure is in the range anticipated during the design of the irrigation system. Submit results of test to City of Kent project manager. SUBSTITUTIONS A. Substitutions to the recommended equipment specified will be permitted with the express written approval of the City of Kent. Substitutions will be approved only when the substituted item is equivalent or better in quality and performance than the item originally specified or as identified in these specifications. The final determination for "equivalents" rests with the City of Kent project manager. 8-03.2 Material SUMMARY A. All materials used through the system shall be new, unused, and in perfect condition. Refer to these specifications for approved manufacturers of specific products. Equipment or materials installed or furnished without prior approval of the City of Kent project manager may be rejected and the Contractor required shall remove such materials from the site at his own expense. BRASS PIPE Brass pipe: 85% red brass, American National Standard Institute (AANSI), SCH. 40 screwed pipe. Fittings: Medium brass, screwed, 125 pound class. PLASTIC PIPE Pipe: Marked with the manufacturer's name, class of pipe, NSF seal and date of manufacturing run. Pipe shall bear no evidence of interior or exterior extrusion marks. Conform to US Standard PS 22-70, ASTM D2241 , ASTM D 1784, D3139, and D1869. Class 200 pipe shall have Reach 1 Mitigation Planting/Langholz 8 - 16 September 21, 2016 Project Number: 09-3011 SDR rating of 21 . Fittings: Schedule 40. Cement and Solvent: Brand(s) recommended by the manufacturer of the pipe. Use Schedule 40 pipe for mainlines; Class 200 for laterals. METER Meter shall meet or exceed local code requirements. City of Kent shall pay City of Tukwila connection fee. BACKFLOW PREVENTER Per State of Washington approved list and as approved by local code. Febco, Zurn-Wilkens, Watts recommended manufacturers. MAINLINE ISOLATION VALVES Brass ball valve, screw-end, 400#WOG with PFC coated round handle. Provide two operating wrenches. Wrench shall be 1/2" stock, "T" handle and forked to fit the round handle of ball valves. Mainline ball valves shall be of the same size as mainline. AUTOMATIC VALVES Automatic valves shall be contamination resistant, plastic, flow control, manual bleed. 24 volt, normally closed, solenoid- operated, globe type with 150 psi CWP rating, having IPS threads and suitable for underground burial. Automatic valve manufacturer's limited warranty shall not be less than five (5) years. Manufacturer: Hunter, Weathermatic or approved equivalent. DRIPLINE Dripline shall be UV resistant tubing for subsurface or on-surface installations. In-line emitters shall be anti-siphon and pressure compensating. Use dripline in-line emitters with integrated check valves where there is a potential for low head drainage. Manufacturers: Netafim, Toro, Rainbird or approved equivalent. AUTOMATIC (OR BATTERY / SOLAR) CONTROLLER Microprocessor solid state controller with variable day cycle starts from one minute to 12 hour station timing, seasonal adjustment, sensor input and master valve/pump start capability. Install and wire in accordance with applicable codes. Final location of automatic controller shall be approved by City of Kent. CONTROL WIRE FOR VALVES Insulated, single strand copper designed for 24-50 volts and UL approved as OF (Underground Feeder). UL and OF designations clearly marked or embossed on the insulation jacket of the wire. Copper Reach 1 Mitigation Planting/Langholz 8 - 17 September 21, 2016 Project Number: 09-3011 conductor must meet or exceed ASTM B-3 specifications. In no case shall wire be less than 14 gauge. Where control wire leaves main or lateral line, enclose it in Class 200 PVC conduit. Separate "hot' (red or black) lead for each valve. Common wire (white) shall be installed for each controller. Spare wire (different color than "hot" or common) to run from controller to the end valve on each leg of the mainline. Identify each spare at the controller. Identify wire color on the As-Builts. UNYL INSULATED CONNECTORS (WIRE) 3M or approved alternative direct bury splice kit. QUICK COUPLING VALVES One piece, brass, double slot, 1 " locking top, rubber cover quick coupler valve. Provide two coupler keys with hose swivel to match the quick coupling valves. VALVE BOXES Green body with locking lid use standard or Jumbo rectangular box for all electrical control valves. For double check valve assembly box use Super Jumbo OX Model. Use extensions as required to protect 4" below valves and 12" below the DCVA. Approved Manufacturers: Carson Industries, Ametek. Use 10" round box for isolation valves, air/vacuum relief valves and flush valves. PRESSURE REDUCING VALVE (IF REQUIRED) Pressure reducing valve shall be mainline size. Brass construction, factory pre-set at 60 psi. Approved manufacturers: Zurn-Wilkens, Watts. 8-03.3 Construction Requirements EXAMINATION Prior to starting work, carefully inspect the preparatory work of other trades and verify that such work is acceptable for the installation of this work. Report all unacceptable conditions to the City of Kent project manager. Do not begin work until unacceptable conditions have been resolved. Beginning work constitutes Contractor acceptance of conditions. Reach 1 Mitigation Planting/Langholz 8 - 18 September 21, 2016 Project Number, 09-3011 LAYOUT Layout all work in accordance with plans and details as shown on the drawings. Locate irrigation appurtenances, equipment, etc. in planting areas wherever possible. If minor changes in location are required, or as directed by the City of Kent project manager, work shall be accomplished by the Contractor at no additional cost to the Owner provided such changes are ordered before items of work directly connect to the same area are installed, and provided no additional materials are required. TRENCHING AND BACKFILL The irrigation system is intended to be a temporary irrigation system which most likely is going to be an above ground installation. Trenches are likely to only be used to provide a water connection from off-site, if necessary. Trenches: wide enough to allow a minimum of three (3) inches horizontal separation between parallel PVC pipe lines. Pipe lines depths to provide the minimum cover from finished grade as follows: 1 . 18" cover from top of mainlines 2. 12" cover from top of lateral lines Backfill trenches after all required tests are performed and approved by City of Kent . Backfill with the excavated materials approved — consisting of earth, loam, sandy clay, sand or other materials free from stones 1 1h " or larger. Tamp trenches adequately to prevent sunken areas due to settlement. Mechanically compact trenches under hardscapes (in two (2) lifts) to a dry density equal to 90% of adjacent undisturbed soil. Backfill must conform to adjacent grades without dips, sunken areas, humps, or other surface irregularities. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments with no additional cost to the Owner. PIPE AND FITTINGS Cut PVC pipe ends at 90 degrees to the pipe length and clean all cutting burrs prior to cementing. Use of a deburring tool is highly recommended. Wipe pipe ends clean. Apply primer to both fitting and pipe end. Apply a light coast of cement on the inside of the fitting and a heavier coat on the outside of the pipe. Insert pipe into the fitting and give a quarter turn to set the cement. Wipe excess cement from the outside of the pipe. Test pipe as indicated elsewhere in these specifications. Backfill the center of the pipe lengths until the pressure test is complete. Cure all welded joints at least 15 minutes before moving and 24 hours before water is permitted in the pipe. Reach 1 Mitigation Planting/Langholz S - 19 September 21, 2016 Project Number: 09-3011 Insure that the inside of the pipe is absolutely clean. Protect any pipe ends not being worked on. Cleaning of cutting burrs is MANDATORY. Where possible install PVC lines and valves adjacent to hardscapes and in planting areas. Provide pipe sleeves double the diameter of the enclosed irrigation line(s). Schedule 40 PVC sleeves for sleeves 4" and smaller, Class 200 PVC sleeves for sleeves larger than 4". DOUBLE CHECK VALVE ASSEMBLY Install in accordance with local code. Use brass manifold for backflow preventer. Include a capped 3/4" blow out tee or quick coupler valve for winterization purposes. Install per code with test cocks turned to the side to promote drainage during winterization. Provide 6" of 5/8" washed gravel at the bottom of the valve box. Do not contaminate. Provide positive drainage out of the valve box. Double check valve assembly must be tested by a state certified inspector following installation. BALL VALVES Install to allow isolation of mainline branches. MASTER VALVE / FLOW SENSOR (OPTIONAL) Master valve and flow sensor size shall match mainline size. AUTOMATIC VALVES Flush supply lines before installing automatic valves. Install one union upstream of valve in manifold. Use valve box extensions to ensure that box extends a minimum of 5" below the bottom of the valve. Leave valve pit with a clean layer of gravel in the bottom with 4" clearance (min.) between gravel and bottom of valve. CONTROL WIRES Control wires are to be taped together at 10 foot intervals and placed along the mainline or lateral line whenever possible. DO NOT TAPE THE WIRE HARNESS TO THE WATER PIPE. Provide a 18" harness loop at all sleeve ends and direction changes. All splices shall be made with vinyl insulated connectors and sealed in epoxy resin, direct bury connectors. All splices must be contained in a plastic valve box. Allow long enough expansion coils for each connection so that valve bonnet may be removed and placed outside the box for maintenance. Minimum size of copper wire for this project is #14 UF. Reach 1 Mitigation Planting/Langholz 8 - 20 September 21, 2016 Project Number: 09-3011 AUTOMATIC CONTROLLERS Final location of controller shall be approved by City of Kent. If 120 volt electrical power is to be used, the controller is to be furnished by a licensed electrician. Irrigation Contractor is responsible for valve electrical hookup. SYSTEM FLUSHING Flush entire system prior to the installation of valves, sprinkler heads and dripline. PRESSURE TEST Notify the City of Kent at least 72 hours prior to the test. Valves do not need to be installed for pressure test. Valve manifold, quick couplers and drain valve swing joints may be capped. Purge all air from the mainline prior to testing. Hydrostatically test the mainline at a pressure of 150 psi. To be valid, all tests must be performed under the direction and supervision of the City of Kent. Maximum allowable drop is 5 psi in a one hour test. Lateral lines may be subjected to a hydro-static pressure test at existing static water pressure. PERFORMANCE TEST Prior to performance test, adjust valves, check for leaks and coverage. Perform a system coverage test for each zone, in the presence of the City of Kent. Contractor is responsible for repairing any clogged or damaged irrigation components. These changes or adjustments shall be made without additional cost. Test system for both manual and fully automatic operation. SYSTEM OPERATION The Contractor shall schedule a training session for the Owner's maintenance personnel for the operation of the system. The City of Kent will be notified of this session at least 48 hours in advance and may be part of the training session. WINERIZATION Winterize the system with compressed air in short cycles at no more than 40 psi air pressure. Do not allow pipe close to the compressor to get hot to the touch. Reach 1 Mitigation Planting/Langholz 8 - 21 September 21, 2016 Project Number: 09-3011 FINAL APPROVAL Upon completion of all tests, final approval for the system will be contingent upon Contractor providing signed and approved irrigation/plumbing/health/electrical permits as may be applicable, as well as reproducible "as-built" drawings and two (2) three-ring binders of all catalog cuts/manufacturer's instruction/maintenance, a copy of initial landscape establishment watering schedule, and the established landscape watering schedule, operation information as well as two (2) complete sets of all tools and keys required. 8-03.3(10) As-Built Drawings A. The Contractor shall maintain a current record of all pipe and equipment placement and shall record any variations from the original design. Upon completion of the system, prior to release of final payment, the Contractor shall provide the City of Kent project manager with a neat and legible "As-Built" plan of the completed system. Any pipe not installed in accordance with the planes as originally contracted, shall be sufficiently dimensioned to a permanent structure for location after burial. Pipe sizing shall also be included on As-built drawings. As-built records shall be updated DAILY. Final "As-Built" drawing shall be submitted on reproducible vellum, mylar or in as an autocad file and include as-built information showing curb and gutter, catch basin lids and grating to scale. Provide a reduced scale copy of irrigation plan, laminated, for attachment to inside of controller door. 8-03.3(15) System Protection A. As part of the warranty under this contract, the Contractor is responsible for deactivating and draining the system prior to the onset of the freezing season and for reactivating the system at the onset of the Spring irrigation season. Each event must be accomplished at least once during the one year warranty. If the system is completed when it will not be in use, the Contractor shall winterize the system after completion of testing (and approval by the City of Kent) and reactivate the system in the Spring. The Contractor shall, upon completion of the winterizing phase, SUBMIT A LETTER to the Owner certifying that the system was winterized and drained and indicate the date such action was accomplished. The Contractor shall be responsible for any damage resulting from failure to comply. 8-03.3(16) System Familiarization Before final acceptance of the system, the Contractor shall provide the necessary keys and/or other tools necessary to operate, drain and activate the system and shall spend sufficient time with the City of Kent maintenance personnel to insure that the system operation, maintenance, and winterization can continue after the departure of the Contractor. Provide two (2) complete sets of tools and keys to City of Kent project manager or maintenance personnel (i.e., water keys, quick Reach 1 Mitigation Planting/Langholz 8 - 22 September 21, 2016 Project Number: 09-3011 coupler keys with hose swivel attachments, valve cover keys and controller keys. 8-03.3(17) Maintenance Manuals A. The Contractor is to provide two (2) operation and maintenance manuals. The manuals shall be indexed and tabbed, bound in hardback 3—ring binders. Include the following items/information: 1 . List of authorized distributors and service representatives (in the area), for each item of irrigation equipment: include names, addresses, and phone numbers. 2. Guarantee/warranty certificates for all equipment used and Contractor's written warranty for entire system (1) year guarantee. 3. Manufacturer's maintenance sheets, replacement parts list and equipment brochures for all equipment used. All composite data sheets shall have the specified products (used in the field) clearly highlighted. 4. Winterization and spring start up procedures. 5. A copy of each watering schedule, one for initial landscape establishment and one for the established landscape. 6. A pocket for (1) one copy of the approved record drawings. This print shall be added at the time of final inspection. 8-03.3(18) Irrigation System Completion And Guarantee A. All work shall be guaranteed in writing for three (3) years from date of substantial completion against all defects in materials, equipment, and workmanship. During guarantee period, check, clean and adjust sprinkler heads and otherwise insure adequate operation of system at maximum 2 month intervals during the operational year, Guarantee shall also cover repair or damage to any part of the premises resulting from leaks or other defects in material, equipment, and workmanship to the satisfaction of the City of Kent project manager. Repairs, if required, shall be done promptly upon notification by the City of Kent project manager and, at no cost to the City of Kent. 8-03.4 Measurement No unit of measure shall apply to the lump sum price for irrigation system. 8-03.5 Payment Payment will be made in accordance with Section 1-04.1, for the following Bid items when included in the Proposal: "Irrigation System", lump sum. All costs for furnishing and installing irrigation system equipment and components where indicated and as detailed in the Plans, all costs of initial and annual inspections and tests performed on cross connection Reach 1 Mitigation Planting/Langholz 8 - 23 September 21, 2016 Project Number: 09-3011 control devices and electrical wire testing during the life of the Contract and As Built Plans shall be included in the lump sum price for the complete irrigation system as shown in the Plans or as otherwise approved by the Engineer. The Contracting Agency will, at no cost to the Contractor, provide water and electrical services needed for installation and operation of the irrigation system for the life of the Contract. As the irrigation system is installed, the payment schedule will be as follows: 1 . Payment will be made in proportion to the amount of Work performed up to 80 percent of the unit Contract price for irrigation system when the irrigation system is completed, tested, inspected, and fully operational. 2. Payment shall be increased to 90 percent of the unit Contract price for irrigation system upon completion and acceptance of initial planting and submittal of As-Built Plans. 3. Payment shall be increased to 100 percent of the unit Contract price for irrigation system upon completion and acceptance of the first-year plant establishment. When there is no first-year plant establishment or when the Contract is completed, payment will be increased to 100 percent of the unit Contract price for irrigation system upon completion of As Built Plans. DIVISION S IS SUPPLEMENTED BYADDING THE FOLLOWING NEW SECTIONS: 8-27 Mulch 8-27.1 Description This work consists of supplying and installing wood chip mulch as shown on the plans. 8-27.2 Materials "Compost" shall conform to Kent Special Provisions 9-14.4(8) and be incorporated into topsoil as needed to supply required organic material as noted in "Topsoil" description. 8-27.5 Payment The unit contract price per cubic yard for "Arborist Mulch" shall include all costs for all labor, materials, tools and equipment necessary to supply and spread the mulch. This item includes, but is not limited to the labor required for raking and compacting, clean-up and complete preparation ready for planting. Reach 1 Mitigation Planting/Langholz 8 - 24 September 21, 2016 Project Number: 09-3011 8-30 PROJECT SIGNS 8-30.1 Description This work shall consist of providing all posts, braces, and hardware and installation and maintenance of City-furnished project signs where shown in the plans or where directed by the Engineer. Contractor shall pick up signs at the City Maintenance Shop on West James Street, telephone 253-856-5600. Contractor shall provide two weeks notice to the Shops prior to installation to schedule pickup. All project signs become the property of the City at the end of the project, and the Contractor shall return project signs to the same facility when so directed by the Engineer. 8-30.2 Materials Sign posts shall be 4 inch x 6 inch Fir. 8-30.3 Construction Requirements 8-30.3(1) Erection of Posts All posts shall be set reasonably vertical, and deep enough to sustain sign and expected wind loads as determined by the Engineer. 8-30.3(2) Design A Three horizontal 2 inch x 4 inch Fir braces shall be attached to the back of the sign board, one each on the top, the bottom, and in the middle. Attachment of posts and bracing shall meet with the approval of the Engineer. 8-30.3 Installation Fasten two (2) vertical 4 inch x 6 inch Fir posts evenly spaced at the back of the sign board. Posts shall be of break-away design with no more than 12.25 square inches of drilled shear area at a point 2 inches above the ground, or as directed by the Engineer. Attachment of posts and bracing shall meet with the approval of the Engineer. 8-30.4 Measurement Project signs will be measured by the installed and maintained unit. Failure of the Contractor to adequately maintain the project signs—as determined by the Engineer—shall be deemed noncompliance with this Specification. 8-30.5 Payment Payment will be made in accordance with Section 1 -04.1, for the following bid item when they are included in the Proposal: Reach 1 Mitigation Planting/Langholz 8 - 25 September 21, 2016 '.. Project Number: 09-3011 The unit contract price per each for "Project Sign Installation" constitutes complete compensation for furnishing all labor and materials, to pick up sign(s) from the City Shops, installation and maintenance of project sign(s) for the life of the project and removal and delivery of sign(s) back to the City Shops. Failure to adequately maintain and return project signs to the City Maintenance Shop shall be deemed reasonable grounds for the Engineer to adjust the payment made under this bid item. Said adjustment shall be determined solely by the Engineer and is not negotiable except at the Engineer's discretion. Reach 1 Mitigation Planting/Langholz 8 - 26 September 21, 2016 Project Number: 09-3011 DIVISION 9 - MATERIALS 9-03 AGGREGATES SECTION 9-03. 14 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 9-03.14(5) Levee Embankment Fill Levee Embankment Fill (or Low Permeability Fill) shall be clay, silt or silty/clayey sand having a maximum particle size of 2 inch, at least 25 percent by weight passing the No. 200 sieve, a minimum plasticity index of 5, a maximum liquid limit of 40 and be free of organic and deleterious materials. Allowable Unified Soil Classification System (USCS) (ASTM D2487) classifications: CL, ML, SC and SM. Blend adequately during placement such that the compacted material forms a uniform, homogeneous, stiff, void free, and relatively impervious compacted fill. Sieve analysis (ASTM D422) and Atterberg limits (ASTM D4318) shall be used to verify that this requirement is met. Recycled materials such as broken concrete or asphalt shall not be allowed. Excavated riverbank soils that meet this specification shall be used as Levee Embankment Fill unless deemed unacceptable by the Engineer. Contractor shall segregate and stockpile excavated riverbank soils to maximize their use as Levee Embankment Fill. Use imported Levee Embankment Fill only when approved in writing by the Engineer prior to importing. 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 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 of 5.0 to 6.0. Reach 1 Mitigation Planting/Langholz 9 - 1 September 21, 2016 Project Number: 09-3011 SECTION 9-14. 1(1) IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTIONS: 9-14.1 (1)A Rotted Manure 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. 9-14.1 (1)B Peat 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. 9-14.1 (1)C Sandy Loam 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 SECTION 9-14.2 IS SUPPLEMENTED BYADDING THE FOLLOWING: 9-14.2 Seed Hydroseed: Seed shall be "Blue Tag" or certified quality. The Contractor shall deliver in unopened containers with mixture seed content and inert material content plainly marked on the outside of the container. Grasses used shall meet the following specifications: Mix A (Roadside and Erosion Control Grass): Weight Seed Mix "A" Min. % Min. % Max. % Proportion Ingredient Pure Seed Germination Weed Seed 40% Perennial R e rass 98% 90% 0.5% 40% Creeping Red Fescue 98% 85% 0.50/0 10% Colonial Bent grass 98% 90% 0.5% 10% White Dutch Clover 98% 90% 0.5% Pre- inoculated The Contractor shall submit to the Engineer the manufacturer's Certificate of Conformance for seed. A complete analysis of the seed shall be submitted to the City for approval including percent of pure seed, germination, other crop seed, inert and weed and the germination test date. Reach 1 Mitigation Planting/Langholz 9 - 2 September 21, 2016 Project Number, 09-3011 I 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. 9-14.4 Mulch and Amendments SECTION 9-14.4(8) IS SUPPLEMENTED BYADDING THE FOLLOWING: 9-14.4(8) Compost Compost products shall contain composted plant material derived from the aerobic decomposition of recycled plant waste. The composted plant waste shall have a moisture content that has no visible free water or dust produced when handling the material. Compost shall be stable, mature, decomposed organic solid waste that is the result of the accelerated, aerobic biodegradation and stabilization under controlled conditions. The result is a uniform dark, soil-like appearance. Compost maturity or stability is the point at which the aerobic biodegradation of the compost has slowed and oxygen consumption and carbon dioxide generation has dropped. Subsequent testing provides consistent results. Compost shall not contain any sawdust, straw, green or under- decomposed organic matter, under-sterilized manure or toxic or otherwise harmful materials. Compost production and quality shall comply with the Interim Guidelines for Compost Quality, #94-38 or superseding editions, and amendments, published by the Washington State Department of Ecology. Compost products shall meet the following physical criteria: 1 . Compost material shall be tested in accordance with AASHTO Test Method T87 and T88. 100% of Type 1 Compost shall pass through a 5/8" sieve. 90% of Type 2 Compost shall be larger than 3/8 inch and smaller than 1 inch. 2. The pH range shall be between 5.5 and 8.5 when tested in accordance with WSDOT Test Method 417. 3. Manufactured inert material (plastic, concrete, ceramics, metal, etc.) shall be less than 1 percent on a dry weight or volume basis, whichever provides for the least amount of foreign material. 4. Minimum organic matter shall be 30 percent dry weight basis as determined by loss on ignition. (LOI test) 5. Soluble salt contents shall be less than 6.0 mmhos/cm for areas that receive more than 20 inches of precipitation per year. 6. Type 1 Compost shall score a number 6 or above on the Solvita Compost Maturity Test. Type 2 Compost shall score a 5 or above on the Solvita Compost Maturity Test. Reach 1 Mitigation Planting/Langholz 9 - 3 September 21, 2016 Project Number: 09-3011 All compost products will be tested within 30 calendar days prior to application by the Contracting Agency with samples taken from the material stockpiled by the supplier for project use. Compost not conforming to the above requirements or taken from a source other than those tested shall be immediately removed from the project and replaced at no cost to the Contracting Agency. Acceptance of composted products shall be based on the following submittals by the Contractor: 1 . A Request for Approval of Material Source. 2. A copy of the Solid Waste Handling Permit issued to the supplier by the Jurisdictional Health Department as per WAC 173-304 (Minimum Functional Standards for Solid Waste Handling). 3. Written verification from the supplier that the material complies with the processes, testing, and standards specified in the Interim Guidelines for Compost Quality. 4. Written verification from the supplier that the compost products originate a minimum of 65 percent by volume from recycled plant waste. A maximum of 35 percent by volume of other approved organic waste and/or biosolids may be substituted for recycled plant waste. 5. A copy of the lab analyses described under Testing Parameters in the Guidelines for Compost Quality. The analyses shall be less than three months old. 6. A list of the feedstock by percentage present in the final compost product. 7. A one-gallon sample submitted to the Environmental Ecologist for approval prior to installation. 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: Reach 1 Mitigation Planting/Langholz 9 - 4 September 21, 2016 Project Number, 09-3011 Passing 1 inch sieve (square opening) 100% Passing 1 mm sieve ......................... 80% minimum Passing 0.15 mm sieve ..................... 15% maximum I 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. 9-14.4(10) Arborist Mulch Arborist Mulch shall be composed of evergreen and/or deciduous tree parts, predominantly woody, that have been chipped and/or ground to no longer than 5 inches (5") and no thicker than two inches (2"). Arborist Mulch shall be free of non-native, invasive weed material, including but not limited to English Ivy, Black Locust, Himalayan Blackberry, Japanese Knotweed, and Reed Canary Grass. "Arborist Mulch" shall conform to WSDOT Standard Specifications 9-14.4(3) and be spread over the entire planting area as indicated on the plans. 9-14.4(12) Wood Cellulose Fiber Wood cellulose mulch shall be specially processed 100 percent virgin wood fiber containing no growth or germination-inhibiting ingredients. It shall be manufactured in such a manner that after addition and agitation in slurry tanks with water, the fibers in the material will become uniformly suspended to form a homogenous slurry. When hydraulically sprayed on the ground, the material shall allow the absorption and percolation of moisture. Wood cellulose fiber shall be Weyerhaeuser Silva-Fiber Plus w/Tackifier or approved equal Organic matter content shall be at least 93 percent on an oven-dry basis as determined by ASTM D 586. The moisture content shall be no more than 15 percent as determined by oven dried weight. Each package of the cellulose fiber shall be marked by the manufacturer to show the dried weight content. 9-14.5 Erosion Control Devices SECTION 9-14.5(2) IS DELETED AND REPLACED WITH THE FOLLOWING: 9-14.5(2) Coir Fabric The coir fabric shall be Belton Geocoir 700 or approved equal installed per manufacturers recommendation with 24"+ wooden stakes 3' apart. Overlap fabric at least 18" in water flow direction. Reach 1 Mitigation Planting/Langholz 9 - 5 September 21, 2016 Project Number: 09-3011 9-14.7 Stakes, Guys, and Wrapping SECTION 9-14.7 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION. 9-14.7(1) Tree Ties Tree ties shall be patent "Tre-Ties" sufficient in size and number to adequately support the trees as determined by Quentin Poil, Nursery Supervisor at 253-856-5127. Reach 1 Mitigation Planting/Langholz 9 - 6 September 21, 2016 Project Number: 09-3011 i PERMITS 1 . Hydraulic Project Approval (HPA) 2. Coverage Under the Construction Stormwater General Permit 3. Construction Stormwater General Permit 4. SEPA Determination of Non-Significance 5. City of Tukwila Shoreline Substantial Development 6. Department of Archaeology & Historic Preservation Concurrence Reach 1 Mitigation Planting/Langholz A - 1 September 21, 2016 Project Number: 09-3011 -.� Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-See appeal process at end of HPA Mill Creek,WA 98012-1296 WILDLIFE (425)775-1311 j Issue Date: November 04, 2013 Control Number: 130348-1 Project Expiration Date: November 03, 2018 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Kent Public Works Department ATTENTION: Ken Langholz 220 4th Ave S Kent,WA 98032 253-856-5516 Fax:253-856-6500 Project Name: Briscoe-Desimone Levee Improvement Project Description: Construct 4,450 linear feet of sheet pile flood wall on four reaches along the eastern side of the Green River, between S. 200th St and S. 180th St. I PROVISIONS 1. The project may begin immediately and shall be completed by November 3, 2018, provided grading of the riverbank shall occur only between June 1 and September 30. 2. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife (WDFW) entitled, "BRISCOE-DESIMONE LEVEE IMPROVEMENTS REACH 1 RIVER MILE 14.47-14.64", and labelled "PRELIMINARY 10-17-13"; "BRISCOE-DESIMONE LEVEE IMPROVEMENTS REACH 2 RIVER MILE 15.44-15.57 REACH 3 RIVER MILE 15.98-16.36", and labelled "PRELIMINARY 10-18-13", "BRISCOE-DESIMONE LEVEE IMPROVEMENTS REACH 4 RIVER MILE 16,91-16.99", and labelled "PRELIMINARY 8-30 -13", except as modified by this Hydraulic Project Approval (HPA). A copy of these plans shall be available on site during construction. 3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below (e-mail to fisheldf@dfw.wa.gov) and the Enforcement Program Officer (e-mail to richacbr@dfw.wa.gov) shall receive e-mail notification from the person to whom this HPA is issued (permittee) no less than three working days prior to start of work, and again within seven days of completion of work to arrange a compliance inspection. The notification shall include the permittee's name, project location, starting date of work or completion date of work, and the control number of this HPA. 4. Grading shall be accomplished in a manner that avoids waterward release of material. 5. The floodwalls shall be constructed in a manner that does not impede deliver of groundwater inputs to the Green River. 6. Disturbance of the riverbanks and riparian vegetation associated with the river shall be limited to that necessary to perform the project. Resloping and revegetation of the riverbank is required to mitigate for the impacts of the project on river hydraulics and existing riparian vegetation. Prior to December 31 of the year of project grading, the mitigation plantings shall be installed as detailed in the approved plans (Provision 2). These plantings shall be maintained as necessary for a minimum of three years to ensure 80 percent or greater initial survival of each species or a contingency Page 1 of 5 i I Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-See appeal process at end of HPA Mill Creek,WA 98012-1296 WILDLIFE (425)775-1311 I Issue Date: November 04, 2013 Control Number: 130348-1 Project Expiration Date: November 03,2018 FPA/Public Notice#: N/A species approved by the AHB and shall not be trimmed or removed without prior written approval of the AHB or his successor for the life of the levee. View corridors shall not exceed 10 percent of the linear length of the planted levee length. 7. Equipment used for this project shall be free of external petroleum-based products while working around the river and wetlands associated with the river. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working within the floodplain of the river. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the river and wetlands associated with the river. S. If at any time, as a'result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Emergency Management Division at 1-800-258-5990, and to the AHB. I 9. Erosion control methods shall be used to prevent silt-laden water from entering the river and wetlands associated with the river. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 10. Prior to starting work, the selected erosion control methods (Provision 9) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods after completion of work. 11. All waste material such as construction debris, silt, excess dirt.or overburden resulting from this project shall be deposited above the limits of floodwater in an approved upland disposal site. 12. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the river or wetlands associated with the river. PROJECT LOCATIONS Location #1 Reach 1 RM 14.47 to 14.64 WORK START: November 04, 2013 IWORK END: November 03, 2018 WRIA: Waterbody: Tributary to: 09.0001 Duwamish River/Green River Elliott Bay 114 SEC: Section: Township: Range: Latitude: Longitude: County: i NW 1/4 36 23 N 04 E N 47.43924 W 122.24554 King Location#1 Driving Directions I The project area, located between S.200th Street and S. 180th Street, can be accessed from a city parking lot located at S. 190th Street and 62nd Ave. S.,near the middle of the project area.The lot can also be accessed by turning north onto 62nd Ave. S. from S. 196th Street.A ramp from this lot leads to the top of the levee at Reach 3, near RM 16.17. From West Valley Highway in Kent, turn west onto 190th Street and follow to the end of the road I Page 2 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound _ Department of 16018 Mill Creek Boulevard - FISH and RCW 7Z55.021-See appeal process at end of HPA Mill Creek,WA 98012-1296 WILDLIFE (425)775-1311 Issue Date: November 04,2013 Control Number: 130348-1 Project Expiration Date: November 03,2018 FPA/Public Notice#: NIA where the city lot is located.See attached location map. Location #2 Reach 2 - RM 15.44 to 15.57 WORK START: November 04, 2013 IWORK END: November 03, 2018 WRIA: Waterbody: Tributary to: 09.0001 Duwamish River/Green River Elliott Bay 114 SEC: Section: �Townshlp: Range: Lalitude: Longitude: County: S 1/2 35 23 N 04 E N 47.439129 W 122.248837 King Location#2 Driving Directions The project area, located between S.200th Street and S. 180th Street, can be accessed from a city,parking lot located at S. 190th Street and 62nd Ave. S., near the middle of the project area. The lot can also be accessed by turning north onto 62nd Ave. S.from S. 196th Street.A ramp from this lot leads to the top of the levee at Reach 3, near RM 16.17. From West Valley Highway in Kent,turn west onto 190th Street and follow to the end of the road where the city lot is located.See attached location map. Location#3 Reach 3-RM 15.98 to 1326 WORK START: November 04, 2013 WORK END: November 03, 2018 WRIA: Waterbody: Tributary to: 09.0001 Duwamish River/Green River Elliott Bay 114 SEC: Section: Township: Range; Latitude: Longitude: County: NE 1/4 02 22 N 04 E N 47.432561 W 122.260611 King Location#3 Driving Directions The project area, located between S. 200th Street and S. 180th Street, can be accessed from a city parking lot located at S. 190th Street and 62nd Ave, S., near the middle of the project area. The lot can also be accessed by turning north onto 62nd Ave.S.from S. 196th Street.A ramp from this lot leads to the top of the levee at Reach 3, near RM 16.17. From West Valley Highway in Kent,turn west onto 190th Street and follow to the end of the road where the city lot is located. See attached location map. Location#4 Reach 4- RM 16.91 to 16.99 WORK START: November 04, 2013 IWORK END: November 03, 2018 WRIA: Waterbody: Tributary to: 09.0001 Duwamish River/Green River Elliott Bay 1/4 SEC: Section; �Townshlp! Range: Latitude: Longitude: county: NW 1/4 02 22 N 04 E N 47.423635 W 122.265273 King Location#4 Driving Directions The project area, located between S.200th Street and S. 180th Street, can be accessed from a city parking lot located at S. 190th Street and 62nd Ave. S., near the middle of the project area.The lot can also be accessed by turning north onto 62nd Ave. S.from S. 196th Street.A ramp from this lot leads to the top of the levee at Reach 3, near RM 16.17. From West Valley Highway in Kent,turn west onto 190th Street and follow to the end of the road where the city lot is located. See attached location map. Page 3 of 5 i Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55,021-See appeal process at end of HPA Mill Creek,WA 98012-1296 WILDLIFE (425)775-1311 Issue Date: November 04, 2013 Control Number: 130348-1 Project Expiration Date: November 03, 2018 FPA/Public Notice#: N/A APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal)that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s)to wham this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. I All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action.The person(s)to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. MINOR MODIFICATIONS TO THIS HPA:You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA.A minor modification to the required work timing means up to a one-week deviation from the timing window in the HPA when there are no spawning or incubating fish present within the vicinity of the project.You may request subsequent minor modifications to the required work timing.A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. Minor modifications do not require you to pay additional application fees or be issued a new HPA.To request a minor modification to your HPA, submit a written request that clearly indicates you are requesting a minor modification to an existing HPA. Include the HPA number and a description of the requested change and send by mail to:Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. Do not include payment with your request. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA:You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you paid an application fee for your original HPA you must include payment of$150 with your written request or request billing to an account previously established with the department. If you did not pay an application fee for the original HPA,no fee is required for a change to it.To request a major modification to your HPA, submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Include the HPA number, check number or billing account number, and a description of the requested change. Send your written request and payment, if applicable, by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia,Washington 98504-3234. If you are charging the fee to a billing account number or you are not subject to the fee,you may email your request to HPAapplioations@dfw.wa.gov.You should allow up to 45 days for the department to process your request. Page 4 of 5 \Washington HYDRAULIC PROJECT APPROVAL North Puget Sound _ Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021-See appeal process at end of HPA Mill Creek,WA 98012-1296 WILDLIFE (425)775-1311 Issue Date: November 04,2013 Control Number: 130348-1 Project Expiration Date: November 03,2018 FPAIPublic Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Kent Public Works Department ATTENTION:Ken Langholz 220 4th Ave S Kent,WA 98032 253-856-5516 Fax:253-856-6500 Project Name: Briscoe-Desimone Levee Improvement Project Description: Construct 4,450 linear feet of sheet pile flood wall on four reaches along the eastern side of the Green River, between S. 200th St and S. 180th St, I PROVISIONS 1. The project may begin immediately and shall be completed by November 3, 2018, provided grading of the riverbank shall occur only between June 1 and September 30. 2. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife (WDFW) entitled, "BRISCOE-DESIMONE LEVEE IMPROVEMENTS REACH 1 RIVER MILE 14,47-14.64", and labelled "PRELIMINARY 10-17-13"; "BRISCOE-DESIMONE LEVEE IMPROVEMENTS REACH 2 RIVER MILE 15.44-15.57 REACH 3 RIVER MILE 15.98-16.36", and labelled "PRELIMINARY 10-18-13", "BRISCOE-DESIMONE LEVEE IMPROVEMENTS REACH 4 RIVER MILE 16.91-16.99", and labelled "PRELIMINARY 8-30 -13", except as modified by this Hydraulic Project Approval (HPA). A copy of these plans shall be available on site during construction. 3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below (e-mail to fisheldf@dfw.wa.gov) and the Enforcement Program Officer(e-mail to richacbr@dfw.wa.gov) shall receive e-mail notification from the person to whom this HPA is issued (permittee) no less than three working days prior to start of work, and again within seven days of completion of work to arrange a compliance inspection. The notification shall include the permittee's name, project location, starting date of work or completion date of work, and the control number of this HPA. 4. Grading shall be accomplished in a manner that avoids waterward release of material. 5. The floodwalls shall be constructed in a manner that does not impede deliver of groundwater inputs to the Green River. i 6. Disturbance of the riverbanks and riparian vegetation associated with the river shall be limited to that necessary to perform the project. Resloping and revegetation of the riverbank is required to mitigate for the impacts of the project on river hydraulics and existing riparian vegetation. Prior to December 31 of the year of project grading, the mitigation plantings shall be installed as detailed in the approved plans (Provision 2). These plantings shall be maintained as necessary for a minimum of three years to ensure 80 percent or greater initial survival of each species or a contingency Page 1 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget Sound ' Department of 16018 Mill Creek Boulevard sa, FISH and RCW 77.55.021-See appeal process at end of HPA Mill Creek,WA 98012-1296 WILDLIFE (425)775-1311 I Issue Date: November 04,2013 Control Number: 130348-1 Project Expiration Date: November 03,2018 FPA(Public Notice#: NIA species approved by the AHB and shall not be trimmed or removed without prior written approval of the AHB or his successor for the life of the levee. View corridors shall not exceed 10 percent of the linear length of the planted levee length. 7. Equipment used for this project shall be free of external petroleum-based products while working around the river and wetlands associated with the river. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working within the floodplain of the river. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the river and wetlands associated with the river. 8. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Emergency Management Division at 1-800-258-5990, and to the AHB. i 9. Erosion control methods shall be used to prevent silt-laden water from entering the river and wetlands associated with the river. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 10. Prior to starting work, the selected erosion control methods (Provision 9) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods after completion of work. 11. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of floodwater in an approved upland disposal site. 12. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the river or wetlands associated with the river. PROJECT LOCATIONS Location 91 Reach 1 RM 14.47 to 14.64 WORK START: November 04, 2013 WORK END: November 03, 2018 WRIA: Waterbody; Tributary to: 09,0001 Duwamish River/Green River Elliott Bay 114 SEC: Section: Township; Range: latitude: Longitude: County: NW 1/4 36 23 N 04 E N 47.43924 W 122.24554 King Location#1 Driving Directions The project area, located between S.200th Street and S. 180th Street, can be accessed from a city parking lot located at S. 190th Street and 62nd Ave.S.,near the middle of the project area.The lot can also be accessed by turning north onto 62nd Ave. S.from S. 196th Street. A ramp from this let leads to the top of the levee at Reach 3, near RM 16.17. From West Valley Highway in Kent,turn west onto 190th Street and follow to the end of the road I Page 2 of 5 ! I i Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77,55,021 -Sea appeal process at and of HPA Mill Creek,WA 98012-1296 WILDLIFE (425)775-1311 Issue Date: November 04,2013 Control Number: 130348-1 Project Expiration Date: November 03,2018 FPA/Public Notice#: N/A where the city lot is located. See attached location map. Location#2 Reach 2 - RM 15.44 to 15,57 WORK START: November 04, 2013 IWORK END: November 03, 2018 WRIA: Waterbody: Tributary to: 09.0001 Duwamish River/Green River Elliott Bay 114 SEC: Section: Township: Range: Latitude: Longitude: county: S 1/2 35 23 N 04 E N 47.439129 W 122.248837 King Location#2 Driving Directions The project area, located between S.200th Street and S. 180th Street, can be accessed from a city.parking lot located at S. 190th Street and 62nd Ave. S.. near the middle of the project area. The lot can also be accessed by turning north onto 62nd Ave. S.from S. 196th Street.A ramp from this lot leads to the top of the levee at Reach 3, near RM 16.17. From West Valley Highway in Kent,turn west onto 190th Street and follow to the end of the road where the city lot is located.See attached location map. i I Location 43 Reach 3 -RM 15.98 to 16.36 WORK START: November 04, 2013 IWORK END: November 03, 2018 WRIA: Waterbody: Tributary to: 09.0001 Duwamish River/Green River Elliott Bay 114 SEC: Section: Township: Range: Latitude; Longitude: County: NE 114 02 22 N 04 E N 47.432561 W 122.260611 King Location#3 Driving Directions The project area, located between S. 200th Street and S. 180th Street,can be accessed from a city parking lot located at S. 190th Street and 62nd Ave, S., near the middle of the project area. The lot can also be accessed by turning north onto 62nd Ave. S.from S. 196th Street.A ramp from this lot leads to the top of the levee at Reach 3, near RM 16.17. From West Valley Highway in Kent,turn west onto 190th Street and follow to the end of the road where the city lot is located. See attached location map. Location#4 Reach 4- RM 16.91 to 16.99 WORK START: November 04, 2013 IWORK END: November 03, 2018 WRIA: Y22 rbody: Tributary to: 09.0001 wamish River/Green River Elliott Bay 1/4 SEC: Section; wnship: Range: Latitude: Longitude: County: NW 1/4 02 N 04 E N 47.423635 W 122,265273 King Location#4 Driving Directions The project area, located between S.200th Street and S. 180th Street, can be accessed from a city parking lot located at S. 190th Street and 62nd Ave. S., near the middle of the project area.The lot can also be accessed by turning north onto 62nd Ave. S.from S. 196th Street.A ramp from this lot leads to the top of the levee at Reach 3, near RM 16.17. From West Valley Highway in Kent,turn west onto 190th Street and follow to the end of the road where the city lot is located. See attached location map, Page 3 of 5 Washington HYDRAULIC PROJECT APPROVAL North Puget sound '.Department of 16018 Mill Creek Bou!evard -FISH and RCW 77.55,021-See appeal process at end of HPA Mill Creek,WA 98012-1296 WILDLIFE (425)775-1311 i Issue Date: November 04, 2013 Control Number: 130348-1 Project Expiration Date: November 03,2018 FPA/Public Notice#: N/A APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal)that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all Its provisions followed by the person(s)to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action.The person(s)to wham this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. MINOR MODIFICATIONS TO THIS HPA:You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA.A minor modification to the required work timing means up to a one-week deviation from the timing window in the HPA when there are no spawning or incubating fish present within the vicinity of the project.You may request subsequent minor modifications to the required work timing.A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. Minor modifications do not require you to pay additional application fees or be issued a new HPA.To request a minor modification to your HPA, submit a written request that clearly indicates you are requesting a minor modification to an existing HPA. Include the HPA number and a description of the requested change and send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. Do not include payment with your request. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA:You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you paid an application fee for your original HPA you must include payment of$150 with your written request or request billing to an account previously established with the department. If you did not pay an application fee for the original HPA, no fee is required for a change to it.To request a major modification to your HPA, submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Include the HPA number, check number or billing account number, and a description of the requested change. Send your written request and payment, if applicable, by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia,Washington 98504-3234. If you are charging the fee to a billing account number or you are not subject to the fee,you may email your request to HPAapplications@dfw.wa.gov.You should allow up to 45 days for the department to process your request. Page 4 of 5 II Washington HYDRAULIC PROJECT APPROVAL North Puget Sound _ f Department of 16016 Mill Creek Boulevard FISH and RCW 77.55,021-See appeal process at end of HPA Mill Creek,WA 98012-1296 WILDLIFE (425)775-1311 Issue Date: November 04, 2013 Control Number: 130348-1 Project Expiration Date: November 03,2018 FPA/Public Notice#: N/A APPEALS INFORMATION If you wish to appeal the issuance,denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife(WDFW)recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal.WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal.The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns,you may advance your appeal to the formal process.You may contact the HPA Appeals Coordinator at(360) 902-2534 for more information. A. INFORMAL APPEALS:WAC 220-110-340 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action.You must send your request to WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia,Washington 98 501-1 09 1; e-mail to HPAapplications@dfw.wa.gov;fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE,Habitat Program, Fifth floor.WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference,or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal,you may file a request for a formal appeal. B. FORMAL APPEALS:WAC 220-110-350 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures.The following Information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision.You may serve WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia,Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov;fax to (360)902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE,Habitat Program, Fifth floor.The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. I ' C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal,the WDFW action shall be final and unappealable. ENFORCEMENT: Sergeant Chandler (34) P1 i Habitat Biologist ✓ for Director Larry Fisher 425-313-5683 WDFW CC: I Page 5 of 5 aa STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Sox 47600 • Olyn7pia, WA 98504.7600 0 360-407-6000 '.... 711 for Washington Relay Service < Persons with a speech disability can call 877-833-6341 December 23, 2015 Paul Kuehne City of Kent 220 4'Ave South Kent,WA 98032 RE: Coverage under the Construction Stormwater General Permit Permit number: WAR126981 Site Name: Briscoe-Desimone Levee Improvement Location: Right bank of Green Rv Q S.,200t° St/S. 180tb St Kent, WA County: King Disturbed Acres: 9 Dear Mr. Kuehn: The Washington State Department of Ecology(Ecology)has reissued the Construction Stormwater General Permit(permit).A copy of your new permit is enclosed. Retain this letter with your permit and Stormwater Pollution Prevention Plan.It is the official record of permit coverage for your site. Ecology issued the final permit November 18,2015 and it becomes effective January 1,2016. Permit Overview The new permit has a number of changes that are summarized in the"Summary of Changes" table found on Ecology's website at:http'//www ecv wa goy/programs/wq/stormwater/co-rmtructigA/in eex html. Your Right to Appeal the Permit You have a right to appeal the terms and conditions of this general permit, as they apply to an individual discharger,to the Pollution Control Hearing Board(PCHB) within30 days of the date of receipt of this permit issuance notice.The appeal process is governed by Chapter 43.21B RCW and Chapter 371-08 WAC. "Date of receipt"is defined in RCW 43.21B.001(2). To appeal you must do the following within 30 days of the date of receipt of this notice: ® File your appeal and a copy of this notice with the PCHB (see addresses below).Filing means actual receipt by the PCHB during regular business hours • Serve a copy of your appeal and this notice on Ecology in paper form -by mail or in person. E- mail is not accepted. ® ir`A Paul Kuehne December 23,2015 Page 2 Address and Location Information Street Addresses Mailing Addresses Department of Ecology Department of Ecology Attn: Appeals Processing Desk Attn:Appeals Processing Desk 300 Desmond Drive SE PO Box 47608 Lacey, WA 98503 Olympia,WA 98504-7608 Pollution Control Hearings Board Pollution Control hearings Board 1111 Israel Road SW, Suite 301 PO Box 40903 Tumwater, WA 98501 Olympia,WA 98504-0903 Electronic Discharge Monitoring Reports (WQWebDMR) This permit requires that Permittees submit monthly discharge monitoring reports (DMRs)which must be reported electronically using Ecology's secure Water Quality Permitting Portal (WQWcbDMR). To sign up for WQWebDMR go to: hU:/Iwww ecv wa oov/urogmms/wq/permits/paris/webdmr htmI.If you have technical questions regarding Ecology's Water Quality Permitting Portal,please contact the portal staff at (800) 633-6193/option 3 or email WOWebPorWaecv.wa.gov. Ecology Field Inspector Assistance If you have questions regarding stormwater management at your construction site,please contact: Tracie Walters of Ecology's Northwest Regional Office in Bellevue at tracie.walters@ecywa.gov or (425) 649-4484. Questions or Additional Information Ecology is committed to providing assistance to you. For more information, please visit our web page at bt.W://www ecv wa gov/proerams/wq/sto=waater/comtruction/index htmL If you have questions about the construction stormwater general permit, please contact: Melinda Wilson at melmda.wilson@ecy.wa.gov or(360)407-6556. Sincerely, r`P Bill Moore, P.E., Manager Program Development Services Section Water Quality Program Enclosures Issuance Date: December 1,2010 Effective Date: January 1,2011 Expiration Date: December 31,2015 li CONSTRUCTION STORMWATER GENERAL PERMIT National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit for Stormwater Discharges Associated with Construction Activity State of Washington Department of Ecology Olympia,Washington 98504 In compliance with the provisions of Chapter 90.48 Revised Code of Washington (State of Washington Water Pollution Control Act) and Title 33 United,States Code, Section 1251 et seq. The Federal Water Pollution Control Act(The Clean Water Act) " Until this permit expires,is modified or revoked,Permittees that have properly obtained coverage under this general permit are authorized to discharge in accordance with the special and general conditions that follow. I e�Susewind,P.E.,P.G. Water Quality Program Manager Washington State Department of Ecology I I TABLE OF CONTENTS LISTOF TABLES..........................................................................................................................3 SPECIALCONDITIONS...............................................................................................................5 S 1. PERMIT COVERAGE........................................................................................................5 S2. APPLICATION REQUIREMENTS ...................................................................................8 S3. COMPLIANCE WITH STANDARDS.............................................................................11 S4. MONITORING REQUIREMENTS..................................................................................12 S5. REPORTING AND RECORDKEEPING REQUIREMENTS .........................................19 S6. PERMIT FEES...................................................................................................................22 ST SOLID AND LIQUID WASTE DISPOSAL ....................................................................22 S8. DISCHARGES TO 303(D) OR TMDL WATER BODIES..............................................22 S9. STORMWATER POLLUTION PREVENTION PLAN...................................................26 S10. NOTICE OF TERMINATION.........................................................................................34 GENERAL CONDITIONS ..........................................................................................................36 GL DISCHARGE VIOLATIONS ...........................................................................................36 G2. SIGNATORY REQUIREMENTS.....................................................................................36 G3. RIGHT OF INSPECTION AND ENTRY.........................................................................37 G4. GENERAL PERMIT MODIFICATION AND REVOCATION......................................37 G5. REVOCATION OF COVERAGE UNDER THE PERMIT .............................................37 66, REPORTING A CAUSE FOR MODIFICATION............................................................38 G7. COMPLIANCE WITH OTHER LAWS AND STATUTES........................ ....................38 G8. DUTY TO REAPPLY.......................................................................................................38 I G9. TRANSFER OF GENERAL PERMIT COVERAGE.......................................................39 010. REMOVED SUBSTANCES.............................................................................................39 GI L DUTY TO PROVIDE INFORMATION...........................................................................39 G12. OTHER REQUIREMENTS OF 40 CFR...........................................................................39 G13. ADDITIONAL MONITORING........................................................................................39 j G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS .............................................40 615. UPSET...............................................................................................................................40 Construction Storm-water General Permit—December 1, 2010 Page 2 016. PROPERTYRIGHTS........................................................................................................40 G17. DUTY TO COMPLY........................................................................................................40 G18. TOXIC POLLUTANTS.....................................................................................................41 G19. PENALTIES FOR TAMPERING....................................................................................Al G20. REPORTING PLANNED CHANGES .............................................................................41 G21. REPORTING OTHER INFORMATION..........................................................................42 G22. REPORTING ANTICIPATED NON-COMPLIANCE.....................................................42 G23. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER THE PERMIT..........42 G24. APPEALS..........................................................................................................................42 G25. SEVF,RABILITY...............................................................................................................43 G26. BYPASS PROHIBITED....................................................................................................43 APPENDIXA—DEFINITIONS..................................................................................................46 APPENDIXB—ACRONYMS .................................................................................................... 54 LIST OF TABLES Table 1. Summary of Pen-nit Report Submittals.......................................................................4 Table 2. Summary of Required On-site Documentation...........................................................4 Table 3. Summary of Primary Monitoring Requirements ...................................................... 12 Table 4. Monitoring and Reporting Requirements ................................................................. 16 Table 5. Turbidity,Fine Sediment&Phosphorus Sampling and Limits for 303(d)-Listed...24 Table 6. pH Sampling and Limits for 303(d)-Listed Waters..................................................24 i i i � I I Construction Stormwater General Permit—December 1, 2010 Page 3 I i i SUMMARY OF PERMIT REPORT SUBMITTALS Refer to the Special and General Conditions within this permit for additional submittal requirements. Appendix A provides a list of definitions. Appendix B provides a list of acronyms. Table 1. Summary of Permit Report Submittals Permit Submittal Freqdency = first Submittal Date' Section S5.A and High Turbidityrransparency Phone As Necessary Within 24 hours S8 Reporting S5.B Discharge Monitoring Report Monthly" Within 15 days of applicable monitoring period S51 and Noncompliance Notification As necessary Immediately S8 S5.F Noncompliance Notification— As necessary Within 5 Days of non- Written Report compliance G2. Notice of Change in Authorization As necessary i G6. Permit Application for Substantive As necessary Changes to the Discharge G8. Application for Permit Renewal 1/permit cycle No later than 180 days before expiration G9. Notice of Permit Transfer As necessary G20. Notice of Planned Changes As necessary G22. Reporting Anticipated Non- As necessary compliance SPECIAL NOTE: *Permittces must submit Discharge Monitoring Reports(DMRs)to the Washington State Department of Ecology monthly, regardless of site discharge,for the full duration of permit coverage. Refer to Section S5.B of this General Permit for more specific information regarding DMRs. i Table 2. Summary of Required On-site Documentation Document Title Permit Conditions Permit Coverage Letter See Conditions S2, S5 Construction Stormwater General Permit See Conditions S2, S5 Site Log Book See Conditions S4, S5 Stormwater Pollution Prevention Plan (SWPPP) See Conditions S9, S5 Construction Stormwater General Permit—December 1, 2010 Page 4 I SPECIAL CONDITIONS St. PERMIT COVERAGE A. Permit Area This Construction Stormwater General Permit(CSWGP) covers all areas of Washington State, except for federal and Tribal lands as specified in Special Condition S LE.3. B. Operators Required to Seek Coverage Under this General Permit: 1. Operators of the following construction activities are required to seek coverage under this CSWGP: a. Clearing, grading and/or excavation that results in the disturbance of one or more acres and discharges stormwater to surface waters of the State; and clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale,if the common plan of development or sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State. i. This includes forest practices (including,but not limited to, class IV conversions)that are part of a construction activity that will result in the disturbance of one or more acres, and discharge to surface waters of the State(that is, forest practices that prepare a site for construction activities); and b. Any size construction activity discharging stormwater to waters of the State that the Department of Ecology("Ecology"): i. Determines to be a significant contributor of pollutants to waters of the State of Washington. ii. Reasonably expects to cause a violation of any water quality standard. 2. Operators of the following activities are not required to seek coverage under this CSWGP (unless specifically required under Special Condition SLB.Lb, above): a. Construction activities that discharge all stormwater and non-stormwater to ground water, sanitary sewer, or combined sewer, and have no point source discharge to either surface water or a storm sewer system that drains to surface waters of the State. b. Construction activities covered under an Erosivity Waiver(Special Condition S2.C). c. Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility. Construction Storm-water General Permit—December 1, 2010 Page 5 I C. Authorized Discharges: 1. Stormwater Associated with Construction Activity. Subject to compliance with the terms and conditions of this permit, Permittees are authorized to discharge stormwater associated with construction activity to surface waters of the State or to a storm sewer system that drains to surface waters of the State. (Note that"surface waters of the State"may exist on a construction site as well as off site; for example, a creek running through a site.) 2. Stormwater Associated with Construction Support Activity_. This permit also authorizes stormwater discharge from support activities related to the permitted construction site(for example, an on-site portable rock crusher, off-site equipment staging yards, material storage areas, borrow areas, etc.)provided: a. The support activity relates directly to the permitted construction site that is required to have a NPDES permit; and b. The support activity is not a commercial operation serving multiple unrelated construction projects, and does not operate beyond the completion of the construction activity; and c. Appropriate controls and measures are identified in the Stormwater Pollution Prevention Plan(SWPPP)for the discharges from the support activity areas. 3. Non-Stormwater Discharges. The categories and sources of non-stormwater discharges identified below are authorized conditionally, provided the discharge is consistent with the terms and conditions of this permit: a. Discharges from fire-fighting activities. b. Fire hydrant system flushing. c. Potable water, including uncontaminated water line flushing. d. Pipeline hydrostatic test water. e. Uncontaminated air conditioning or compressor condensate. f. Uncontaminated ground water or spring water. g. Uncontaminated excavation dewatering water (in accordance with S9.D.10). h. Uncontaminated discharges from foundation or footing drains. i. Water used to control dust. Permittees must minimize the amount of dust control water used. j. Routine external building wash down that does not use detergents. k. Landscape irrigation water. The SWPPP must adequately address all authorized non-stormwater discharges, except for discharges from fire-fighting activities, and must comply with Special Construction Stormwater General Permit—December 1, 2010 Page 6 i it Condition S3. At a minimum, discharges from potable water (including water line flushing),fire hydrant system flushing, and pipeline hydrostatic test water must undergo the following: doeblorination to a concentration of 0.1 parts per million (ppm)or less, and pH adjustment to within 6.5 — 8.5 standard units (su), if necessary. D. Prohibited Discharges: i The following discharges to waters of the State, including ground water, are prohibited. 1. Concrete wastewater. i 2. Wastewater from washout and clean-up of stucco,paint,form release oils, curing compounds and other construction materials. 3. Process wastewater as defined by 40 Code of Federal Regulations (CFR) 122.1 (see Appendix A of this permit). 4. Slurry materials and waste from shaft drilling. 5. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance. 6. Soaps or solvents used in vehicle and equipment washing. 7. Wheel wash wastewater,unless discharged according to Special Condition S9.D.9.d. I 8. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations,unless managed according to Special Condition S9.1).10. E. Limits on Coverage Ecology may require any discharger to apply for and obtain coverage under an individual permit or another more specific general permit. Such alternative coverage will be required when Ecology determines that this CSWGP does not provide adequate assurance that water quality will be protected, or there is a reasonable potential for the j project to cause or contribute to a violation of water quality standards. The following stormwater discharges are not covered by this permit: 1. Post-construction Stormwater discharges that originate from the site after li completion of construction activities and the site has undergone final stabilization. 2. Non-point source silvicultural activities such as nursery operations, site preparation,reforestation and subsequent cultural treatment,thinning,prescribed burning,pest and fire control, harvesting operations, surface drainage, or road construction and maintenance, from which there is natural runoff as excluded in 40 CFR Subpart 122. 3. Stormwater from any federal project or project on federal land or land within an Indian Reservation except for the Puyallup Reservation. Within the Puyallup Construction Stormwater General Permit—December 1, 2010 Page 7 ' i i Reservation, any project that discharges to surface water on land held in trust by the federal government may be covered by this permit 4. Stormwater from any site covered under an existing NPDES individual permit in which stormwater management and/or treatment requirements are included for all stormwater discharges associated with construction activity. 5. Stormwater from a site where an applicable Total Maximum Daily Load (TMDL) requirement specifically precludes or prohibits discharges from construction activity. S2. APPLICATION REQUIREMENTS i A. Permit Application Forms 1. Notice of Intent Form/Timeline a. Operators of new or previously unpermitted construction activities must submit a complete and accurate permit application (Notice of Intent, or NOI) to Ecology. b. The operator must submit the NOI at least 60 days before discharging stormwater from construction activities and must submit it on or before the date of the first public notice (see Special Condition S2.B below for details). The 30-day public comment period required by WAC 173-226-130(5)begins on the publication date of the second public notice. Unless Ecology responds to the complete application in writing,based on public comments, or any other relevant factors, coverage under the general permit will automatically commence on the thirty-first day following receipt by Ecology of a completed NOI, or the issuance date of this permit,whichever is later,unless Ecology specifies a later date in writing. c. Applicants who propose to discharge to a storm or sewer system operated by Seattle,King County, Snohomish County, Tacoma,Pierce County, or Clark County must also submit a copy of the NOI to the appropriate jurisdiction. d. If an applicant intends to use a Best Management Practice (BMP) selected on the basis of Special Condition S9.C.4 ("demonstrably equivalent"BMPs),the applicant must notify Ecology of its selection as part of the NOI. in the event the applicant selects BMPs after submission of the NOl, it must provide notice of the selection of an equivalent BMP to Ecology at least 60 days before intended use of the equivalent BMP. e. Permittees must notify Ecology regarding any changes to the information provided on the NOI by submitting an updated NOI. Examples of such changes include, but are not limited to, i. changes to the Permittee's mailing address, ii. changes to the on-site contact person information, and Construction Stormwater General Permit—December 1, 2010 Page 8 iii. changes to the area/acreage affected by construction activity. 2. Transfer of Coverage Form The Permittee can transfer current coverage under this permit to one or more new operators, including operators of sites within a Common Plan of Development, provided the Permittee submits a Transfer of Coverage Form in accordance with General Condition G9. Transfers do not require public notice. B. Public Notice it For new or previously unpermitted construction activities, the applicant must publish a public notice at least one time each week for two consecutive weeks, at least 7 days apart, in a newspaper with general circulation in the county where the construction is to take place. The notice must contain: 1. A statement that"The applicant is seeking coverage under the Washington State Department of Ecology's Construction Stormwater NPDES and State Waste Discharge General Permit," 2. The name,address and location of the construction site. 3. The name and address of the applicant. 4. The type of construction activity that will result in a discharge (for example, residential construction, commercial construction, etc.), and the number of acres to be disturbed. 5. The name of the receiving water(s)(that is,the surface water(s)to which the site will discharge), or, if the discharge is through a storm sewer system,the name of the operator of the system. 6. The statement: "Any persons desiring to present their views to the Washington State Department of Ecology regarding this application.or interested in Ecology's action on this application, may notify Ecology in writing no later than 30 days of the last date of publication of this notice. Ecology reviews public comments and considers whether discharges from this project would cause a measurable change in receiving water quality, and, if so, whether the project is necessary and in the overriding public interest according to Tier II antidegradation requirements under WAC 173-201A-320. Comments can be submitted to: Department of Ecology,Y.O.Box 47696, Olympia, WA 98504-7696 Attn: Water Quality Program,Construction Stormwater." i i I I , Construction Stormwater General Permit—December 1, 2010 Page 9 i C. Erosivity Waiver Construction site operators may qualify for an erosivity waiver from the CSWGP if the following conditions are met: 1. The site will result in the disturbance of fewer than 5 acres and the site is not a portion of a common plan of development or sale that will disturb 5 acres or greater. 2. Calculation of Erosivity "R"Factor and Regional Timefiame: a. The project's rainfall erosivity factor ("R"Factor)must be less than 5 during the period of construction activity, as calculated using either the Texas A&M University online rainfall erosivity calculator at: bttp://ei.tarnu.edu/or EPA's calculator at http://cfpub.cpa.goy/npdes/stormwater/lew/lewcalculator.cfm. The period of construction activity starts when the land is first disturbed and ends with final stabilization. In addition: b. The entire period of construction activity must fall within the following timeframes i. For sites west of the Cascades Crest: June 15— September 15. ii. For sites east of the Cascades Crest, excluding the Central Basin: June 15 —October 15. iii. For sites east of the Cascades Crest,within the Central Basin: no additional timeframe restrictions apply. The Central Basin is defined as the portions of Eastern Washington with mean annual precipitation of less than 12 inches. For a map of the Central Basin (Region 2), refer to http://www.ecy.wa.goy/pubs/ecv07O2O2,pd£ 3. Construction site operators must submit a complete Erosivity Waiver certification form at least one week before disturbing the land. Certification must include statements that the operator will: a. Comply with applicable local stormwater requirements; and b. Implement appropriate erosion and sediment control BM-Ps to prevent violations of water quality standards. 4. This waiver is not available for facilities declared significant contributors of pollutants as defined in Special Condition S1.B.Lb. 5. This waiver does not apply to construction activities which include non- stormwater discharges listed in Special Condition SI.C.3. 6. If construction activity extends beyond the certified waiver period for any reason, the operator must either: a. Recalculate the rainfall erosivity"R"factor using the original start date and a new projected ending date and, if the "R"factor is still under 5 and the entire Construction Stormwater General Permit—December 1, 2010 Page 10 i I project falls within the applicable regional timeframe in Special Condition S2.C.2.b, complete and submit an amended waiver certification form before the original waiver expires; or b. Submit a complete permit application to Ecology in accordance with Special Condition S2.A and B before the end of the certified waiver period. S3. COMPLIANCE WITH STANDARDS 1 A. Discharges must not cause or contribute to a violation of surface water quality standards (Chapter 173-201A WAC), ground water quality standards (Chapter 173-200 WAC), sediment management standards (Chapter 173-204 WAC), and human health- based criteria in the National Toxics Rule (40 CFR Part 131.36). Discharges not in compliance with these standards are not authorized. B. Prior to the discharge of stormwater and non-stormwater to waters of the State,the Permittee must apply all known, available, and reasonable methods of prevention, control, and treatment(AKART). This includes the preparation and implementation of j an adequate Stormwater Pollution Prevention Plan (SWPPP), with all appropriate BMPs installed and maintained in accordance with the S WPPP and the terms and conditions of this permit. C. Ecology presumes that a Permittee complies with water quality standards unless discharge monitoring data or other site-specific information demonstrates that a discharge causes or contributes to a violation of water quality standards, when the Permittee complies with the following conditions. The Permittee must fully: 1. Comply with all permit conditions, including planning, sampling,monitoring, reporting, and recordkeeping conditions. 2. implement stormwater BMPs contained in stormwater management manuals published or approved by Ecology, or BMPs that are demonstrably equivalent to BMPs contained in stormwater technical manuals published or approved by Ecology, including the proper selection, implementation, and maintenance of all applicable and appropriate BMPs for on-site pollution control. (For purposes of this section,the stormwater manuals listed in Appendix 10 of the Phase I Municipal Stormwater Permit are approved by Ecology.) D. Where construction sites also discharge to ground water,the ground water discharges must also meet the terms and conditions of this CSWGP. Permittees who discharge to ground water through an injection well must also comply with any applicable requirements of the Underground Injection Control (UIC)regulations, Chapter 173-218 WAC. I i Construction Stormwater General Permit—December 1, 2010 Page 1 I i i S4. MONITORING REQUIREMENTS, BENCHMARKS AND REPORTING TRIGGERS Table 3. Summary of Primary Monitoring Requirements Size of Soil Weekly Sife Weekly ' ' ?.Weekly Weekly pil Requires Disturpance" . 'Inspections Sampling ly1 Sampling wf Sampling2 CESCL Turbidity Teansparency, Certification? Meter , rube' Sites that disturb Required Not Required Not Required Not Required No less than 1 acre, but are part of a larger Common Plan of Development Sites that disturb 1 Required Sampling Required— Required Yes acre or more, but either method fewer than 5 acres Sites that disturb 5 Required Required Not Required Required Yes acres or more A. Site Lo>r Book The Permittee must maintain a site log book that contains a record of the implementation of the SWPPP and other permit requirements, including the installation and maintenance ofBV1Ps, site inspections, and stormwater monitoring. B. Site Inspection The Permittee's (operator's) site inspections must include all areas disturbed by construction activities, all BMPs, and all stormwater discharge points. (See Special Conditions S4.13.3 and B.4 below for detailed requirements of the Permittee's Certified Erosion and Sediment Control Lead [CESCL]). Soil disturbance is calculated by adding together all areas affected by construction activity.Construction activity means clearing, grading,excavation,and any other activity that disturbs the surface of the land, including ingress/egress from the site. s If construction activity results in the disturbance of 1 acre or more,and involves significant concrete work(1,000 cubic yards of poured or recycled concrete over the life of a project)or the use of engineered soils(soil amendments including but not limited to Portland cement-treated base[CTB],cement kiln dust[CKD], or fly ash),and stormwater from the affected area drains to surface waters of the State or to a storm sewer stormwater collection system that drains to other surface waters of the State,the Permittee must conduct pH monitoring sampling in accordance with Special Condition S4.D. s Sites with one or more acres,but fewer than 5 acres of soil disturbance,must conduct turbidity or transparency sampling in accordance with Special Condition S4.0 Sites equal to or greater than 5 acres of soil disturbance must conduct turbidity sampling using a turbidity meter in accordance with Special Condition S4.C, Construction Stormwater General Permit—December 1, 2010 Page 12 ' I I Construction sites one acre or larger that discharge stormwater to surface waters of the State must have site inspections conducted by a certified CESCL. Sites less than one acre may have a person without CESCL certification conduct inspections; sampling is not required on sites that disturb less than an acre._ 1. The Pennittee must examine stormwater visually for the presence of suspended sediment,turbidity, discoloration, and oil sheen. The Permittee must evaluate the effectiveness of BMPs and determine if it is necessary to install,maintain, or repair BMPs to improve the quality of stormwater discharges. Based on the results of the inspection,the Permittee must correct the problems i identified by: a. Reviewing the SWPPP for compliance with Special Condition S9 and making appropriate revisions within 7 days of the inspection. b. Immediately beginning the process of fully implementing and maintaining appropriate source control and/or treatment BMPs as soon as possible, addressing the problems no later than within 10 days of the inspection. If installation of necessary treatment BMPs is not feasible within 10 days, Ecology may approve additional time when an extension is requested by a Permittee within the initial 10-day response period. c. Documenting BMP implementation and maintenance in the site log book, 2. The Permittee must inspect all areas disturbed by construction activities, all BMPs, and all stormwater discharge points at least once every calendar week and within 24 hours of any discharge from the site. (For purposes of this condition, individual discharge events that last more than one day do not require daily inspections.For example, if a stormwater pond discharges continuously over the course of a week, only one inspection is required that week) The Permittee may reduce the inspection frequency for temporarily stabilized, inactive sites to once every calendar month. 3. The Permittee must have staff knowledgeable in the principles and practices of erosion and sediment control. The CESCL (sites one acre or more) or inspector (sites less than one acre)must have the skills to assess the: a. Site conditions and construction activities that could impact the quality of stormwater, and b. Effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges. 4. The SWPPP must identify the CESCL or inspector,who must be present on site or on-call at all times. The CESCL must obtain this certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology (see BMP C160 in the manual referred to in Special Condition S9.C.1 and 2). i Construction Stormwater^General Permit—December 1, 2010 Page 13 5. The Permittee must summarize the results of each inspection in an inspection report or checklist and enter the report/checklist into, or attach it to,the site log book.At a minimum, each inspection report or checklist must include: a. Inspection date and time. b. Weather information, the general conditions during inspection and the approximate amount of precipitation since the last inspection, and precipitation within the last 24 hours. c. A summary or list of all implemented BMPs, including observations of all erosion/sediment control structures or practices. d. A description of the locations: i. Of BMPs inspected. ii. Of BMPs that need maintenance and why. iii, Of BMPs that failed to operate as designed or intended, and iv. Where additional or different BMPs are needed, and why. e. A description of stormwater discharged from the site. The Permittee must note the presence of suspended sediment,turbidity, discoloration, and oil sheen, as applicable. f. Any water quality monitoring performed during inspection. g. General comments and notes, including a brief description of any BMP repairs,maintenance or installations made following the inspection. h. A summary report and a schedule of implementation of the remedial actions that the Permittee plans to take if the site inspection indicates that the site is out of compliance. The remedial actions taken must meet the requirements of the SW PPP and the permit. i. The name,title, and signature of the person conducting the site inspection, a phone number or other reliable method to reach this person, and the following statement: "I certify that this report is true, accurate, and complete to the best of my knowledge and belief." I C. Turbidity/Transparency Sampling Requirements 1. Sampling Methods a. if construction activity involves the disturbance of 5 acres or more,the Permittee must conduct turbidity sampling per Special Condition S4.C. b. If construction activity involves 1 acre or more but fewer than 5 acres of soil disturbance,the Permittee must conduct either transparency sampling or turbidity sampling per Special Condition S4.C, Construction Stormwater General Permit—December 1, 2010 Page 14 i 2. Sampling Frequency a. The Permittee must sample all discharge locations at least once every calendar week when stormwater(or authorized non-stormwater) discharges from the site or enters any on-site surface waters of the state (for example,a creek running through a site). b. Samples must be representative of the flow and characteristics of the discharge. c. Sampling is not required Hfien there is no discharge during a calendar week. d. Sampling is not required outside of normal working hours or during unsafe conditions. e. If the Permittee is unable to sample during a monitoring period,the Permittee must include a brief explanation in the monthly Discharge Monitoring Report (DMR)• f. Sampling is not required before construction activity begins. 3. Sampling Locations a. Sampling is required at all points where stormwater associated with construction activity(or authorized non-stormwater)is discharged off site, including where it enters any on-site surface waters of the state (for example, a creek running through a site). b. The Permittee may discontinue.sampling at discharge points that drain areas of the project that are fully stabilized to prevent erosion. c. The Permittee must identify all sampling point(s) on the S WPPP site map and clearly mark these points in the field with a flag,tape, stake or other visible marker. d. Sampling is not required for discharge that is sent directly to sanitary or combined sewer systems. 4. Sampling and Analysis Methods a. The Permittee performs turbidity analysis with a calibrated turbidity meter j (turbidimeter) either on site or at an accredited lab. The Permittee must record the results in the site log book in nephelometric turbidity units (NTU). b. The Permittee performs transparency analysis on site with a 13/a-inch- diameter, 60-centimeter (cm)-long transparency tube. The Permittee will record the results in the site log book in centimeters (cm). Transparency tubes are available from: http://watennonitoringeggip.copVpaaes/stream.html. I Construction Stormwater General Permit—December 1, 2010 Page 15 I I Table 4. Monitoring and Reporting Requirements Parameter t]mt.' pnalyt�cal Method Sam�lmg Benchmark ', Phone r FregUgncy Nalue Reporting' a Trigger Value RC , Turbidity NTU SM2130 or EPA Weekly, if 25 NTU 250 NTU 180.1 discharging Transparency cm Manufacturer Weekly, if 33 cm 6 cm instructions, or discharging Ecology guidance 5. Turbidity/Transparency Benchmark Values and Reporting Triggers The benchmark value for turbidity is 25 NTU or less. The benchmark value for transparency is 33 centimeters (cm). Note: Benchmark values do not apply to discharges to segments of water bodies on Washington State's 303(d) list (Category 5) for turbidity, fine sediment, or phosphorus;these discharges are subject to a numeric effluent limit for turbidity.Refer to Special Condition S8 for more information. a. Turbidity 26—249 NTU, or Transparency 32—7 erm If the discharge turbidity is 26 to 249 NTU; or if discharge transparency is less than 33 cm, but equal to or greater than 6 cm,the Permittee must: i. Review the SWPPP for compliance with Special Condition S9 and make appropriate revisions within 7 days of the date the discharge exceeded the benchmark. ii. Immediately begin the process to fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, addressing the problems within 10 days of the date the discharge exceeded the benchmark. If installation of necessary treatment BMPs is not feasible within 10 days,Ecology may approve additional time when the Permittee requests an extension within the initial 10-day response period. iii. Document BMP implementation and maintenance in the site log book. b. Turbidity 250 NTU or greater, or Transparency 6 cm or less: If a discharge point's turbidity is 250 NTU or greater, or if discharge transparency is less than or equal to 6 cm,the Permittee must complete the reporting and adaptive management process described below. i. Telephone the applicable Ecology Region's Environmental Report Tracking System(ERTS)number within 24 hours, in accordance with Special Condition S51. Central Region(Okanogan, Chelan,Douglas,Kittitas, Yakima, Klickitat, Benton): (509) 575-2490 Construction Stormwater General Permit—December 1, 2010 Page 16 i i a Eastern Region(Adams, Asotin, Columbia, Ferry,Franklin, Garfield, '..,. Grant, Lincoln, Pend Oreille, Spokane, Stevens,Walla Walla, Whitman): (509) 329-3400 e Northwest Region(Kitsap, Snohomish, island, King, San Juan, Skagit, Whateom): (425) 649-7000 6 Southwest Region(Grays Harbor, Lewis, Mason, Thurston, Pierce, Clark, Cowlitz, Skamania, Wahkiakum, Clallam, Jefferson,Pacific): (360) 407-6300 These numbers are also listed at the following web site: http://www.ecy.wa. ov programs/wq/stormwater/construction/pennit.html ii. Review the SWPPP for compliance with Special Condition S9 and make appropriate revisions within 7 days of the date the discharge exceeded the benchmark. iii. Immediately begin the process to fully implement and maintain j appropriate source control and/or treatment BMPs as soon as possible, addressing the problems within 10 days of the date the discharge exceeded the benchmark. If installation of necessary treatment BMPs is not feasible within 10 days, Ecology may approve additional time when the Permittee requests an extension within the initial 10-day response period. iv. Document BMP implementation and maintenance in the site log book. v. Continue to sample discharges daily until: a) Turbidity is 25 NTU(or lower); or b) Transparency is 33 cm(or greater); or c) The Permittee has demonstrated compliance with the water quality limit for turbidity: j i 1) No more than 5 NTU over background turbidity, if background is less than 50 NTU, or 2) No more than 10% over background turbidity, if background is 50 NTU or greater; or d) The discharge stops or is eliminated. D. pH Sampling Requirements -- SiMifrcant Concrete Work or Engineered Soils If construction activity results in the disturbance of 1 acre or more, and involves significant concrete work(significant concrete work means greater than 1000 cubic yards poured concrete or recycled concrete used over the life of a project) or the use of j engineered soils (soil amendments including but not limited to Portland cement-treated base [CTB], cement kiln dust [CKD], or fly ash), and stormwater from the affected area i Construction Stormwater General Permit—December 1, 20I0 Page 17 I i j drains to surface waters of the State or to a storm sewer system that drains to surface waters of the state,the Penmittee must conduct pH monitoring as set forth below. Note: In addition, discharges to segments of water bodies on Washington State's 303(d)list (Category 5)for high pH are subject to a numeric effluent limit for pH;refer to Special Condition S8. 1. For sites with significant concrete work,the Permittee must begin the pH monitoring period when the concrete is first poured and exposed to precipitation, and continue weekly throughout and after the concrete pour and curing period, until stonnwater pH is in the range of 6.5 to 8.5 (su). 2. For sites with engineered soils,the Permittee must begin the pH monitoring period when the soil amendments are first exposed to precipitation and must continue until the area of engineered soils is fully stabilized. 3. During the applicable pH monitoring period defrred above,the Permittee must obtain a representative sample of stormwater and conduct pH analysis at least once per week. 4. The Permittee must monitor pH in the sediment trap/pond(s) or other locations that receive stormwater runoff from the area of significant concrete work or engineered soils before the stormwater discharges to surface waters. 5. The benchmark value for pH is 8.5 standard units.Anytime sampling indicates that pH is 8.5 or greater, the Permittee must either: a. Prevent the high pH water (8.5 or above) from entering storm sewer systems or surface waters; or b. If necessary, adjust or neutralize the high pH water until it is in the range of pH 6.5 to 8.5 (su)using an appropriate treatment BMP such as carbon dioxide (CO2) sparging or dry ice. The Permittee must obtain written approval from Ecology before using any form of chemical treatment other than COz sparging or dry ice. 6. The Permittee must perform pH analysis on site with a calibrated pH meter,pH test kit, or wide range pH indicator paper, The Permittee must record pH monitoring results in the site log book i Construction stormwater General Permit—December 1, 2010 Page 18 � I j i S5. REPORTING AND RECORDKEEPING REQUIREMENTS A. High Turbidity Phone Reporting Anytime sampling performed in accordance with Special Condition S4.0 indicates turbidity has reached the 250 NTU phone reporting level,the Permittee must call Ecology's Regional office by phone within 24 hours of analysis. The web site is lrttp•//www ecy wa gov/programs/wa/stormwater/constiuction/peirnit html. Also see phone numbers in Special Condition S4.C.5.b.i. B. Discharge Monitoring Reports Permittees required to conduct water quality sampling in accordance with Special Conditions S4.0 (Turbidity/Transparency), S4.D (pH), S8 (303[d]/TMDL sampling), . and/or 613 (Additional Sampling)must submit the results to Ecology. Permittees must submit monitoring data using Ecology's WebDMR program. To find out more information and to sign up for WebDMR go to: htW://www.ea.wa.gov/programs/wq/permits/paris/Webdmr,htmi. Permittees unable to submit electronically(for example,those who do not have an internet connection)must contact Ecology to request a waiver and obtain instructions on how to obtain a paper copy DMR at: Mailing Address: Department of Ecology Water Quality Program Attn: Stormwater Compliance Specialist PO Box 47696 Olympia, WA 98504-7696 Permittees who obtain a waiver not to use WebDMR must use the forms provided to them by Ecology; submittals must be mailed to the address above. Permittees shall submit DMR forms to be received by Ecology within 15 days following the end of each month. If there was no discharge during a given monitoring period, all Permittees must submit a DMR as required with"no discharge" entered in place of the monitoring results. For more information, contact Ecology staff using information provided at the following web site: http //www ecy.wa gov/programs/spills/response/assistancesoil%20map pdP C. Records Retention The Permittee must retain records of all monitoring information(site log book, sampling results, inspection reports/checklists, etc.), Stormwater Pollution Prevention Plan, and any other documentation of compliance with permit requirements for the entire life of the construction project and for a minimum of three years following the termination of permit coverage. Such information must include all calibration and maintenance records, and records of all data used to complete the application for this Construction Stormwater General Permit—December 1, 2010 Page 19 �I i permit. This period of retention must be extended during the course of any unresolved litigation regarding the discharge of pollutants by the Permittee or when requested by Ecology. D. Recording Results For each measurement or sample taken,the Permittee must record the following information: 1. Date,place,method, and time of sampling or measurement. 2. The first and last name of the individual who performed the sampling or measurement. 3. The date(s)the analyses were performed. 4. The first and last name of the individual who performed the analyses. 5. The analytical techniques or methods used. 6. The results of all analyses. E. Additional Monitoring by the Permittee If the Permittee monitors any pollutant more frequently than required by this permit using test procedures specified by Special Condition S4 of this permit,the results of this monitoring must be included in the calculation and reporting of the data submitted in the Permittee's DMR. F. Noncompliance Notification In the event the Pennittee is unable to comply with any part of the terms and conditions of this permit, and the resulting noncompliance may cause a threat to human health or the environment,the Permittee must: 1. Immediately notify Ecology of the failure to comply by calling the applicable Regional office ERTS phone number (find at http•//www ecy wa gov/programs/spills/response/assistancesoil%20man pdD or refer to Special Condition S4.C.5.b.i. 2. Immediately take action to prevent the discharge/pollution, or otherwise stop or correct the noncompliance, and, if applicable, repeat sampling and analysis of any noncompliance immediately and submit the results to Ecology within five(5)days of becoming aware of the violation. 3. Submit a detailed written report to Ecology within five(5) days, unless requested earlier by Ecology. The report must contain a description of the noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Construction Stormwater General Permit—December 1, 2010 Page 20 The Permittee must report any unanticipated bypass and/or upset that exceeds any effluent limit in the permit in accordance with the 24-hour reporting requirement contained in 40 C.F.R. 122.41(1)(6)). Compliance with these requirements does not relieve the Permittee from responsibility to maintain continuous compliance with the terms and conditions of this permit or the resulting liability for failure to comply. Refer to Section GI of this permit for specific information regarding non-compliance. G. Access to Plans and Records 1. The Penrrittee must retain the following permit documentation(plans and records) on site, or within reasonable access to the site,for use by the operator or for on-site review by Ecology or the local jurisdiction: a. General Permit. I b. Permit Coverage Letter. c. Stormwater Pollution Prevention Plan(SWPPP). d. Site Log Book. 2. The Permittee must address written requests for plans and records listed above (Special Condition S5.G.1) as follows: a. The Permittee must provide a copy of plans and records to Ecology within 14 days of receipt of a written request from Ecology. b. The Permittee must provide a copy of plans and records to the public when requested in writing. Upon receiving a written request from the public for the Permittee's plans and records,the Permittee must either: i. Provide a copy of the plans and records to the requester within 14 days of a receipt of the written request; or ii. Notify the requester within 10 days of receipt of the written request of the location and times within normal business hours when the plans and records may be viewed; and provide access to the plans and records within 14 days of receipt of the written request; or Within 14 days of receipt of the written request,the Permittee may submit a copy of the plans and records to Ecology for viewing and/or copying by the requester at an Ecology office, or a mutually agreed location. if plans and records are viewed and/or copied at a location other than at an Ecology office,the Permittee will provide reasonable access to copying services for which a reasonable fee may be charged. The Permittee must notify the requester within 10 days of receipt of the request where the plans and records may be viewed and/or copied. i Construction Stormwater General Permit—December 1, 2010 Page 21 S6. PERMIT FEES The Pennittee must pay permit fees assessed by Ecology. Fees for stormwater discharges covered under this permit are established by Chapter 173-224 WAC. Ecology continues to assess permit fees until the permit is terminated in accordance with Special Condition S 10 or revoked in accordance with General Condition G5. 1 S7. SOLID AND LIQUID WASTE DISPOSAL The Peimittee must handle and dispose of solid and liquid wastes generated by construction activity, such as demolition debris, construction materials, contaminated materials, and waste materials from maintenance activities; including liquids and solids from cleaning catch basins and other stormwater facilities, in accordance with: A. Special Condition S3, Compliance with Standards. B. WAC 173-216-110. C. Other applicable regulations. S8. DISCHARGES TO 303(D) OR TNIDL WATER BODIES A. Sampling and Numeric Effluent Limits For Certain Discharges to 303(d)-listed Water Bodies 1. Permittees who discharge to segments of water bodies listed as impaired by the State of Washington Linder Section 303(d) of the Clean Water Act for turbidity, fine sediment,high pH, or phosphorus,must conduct water quality sampling according to the requirements of this section, and Special Conditions S4.C.2.b-f and S4.C.3.b-d, and must comply with the applicable numeric effluent limitations in S&C and S8.D. 2. All references and requirements associated with Section 303(d)of the Clean Water Act mean the most current listing by Ecology of impaired waters (Category 5)that exists on January 1, 2011, or the date when the operator's complete permit application is received by Ecology, whichever is later. B. Limits on Coverage for New Discharges to TMDL or 303(d)-listed Waters Operators of construction sites that discharge to a 303(d)-listed water body are not eligible for coverage under this permit unless the operator: l. Prevents exposing stormwater to pollutants for which the water body is impaired, and retains documentation in the SWPPP that details procedures taken to prevent exposure on site; or 2. Documents that the pollutants for which the water body is impaired are not present at the site, and retains documentation of this finding within the S WPPP; or Construction Stormwater General Permit—December 1, 2010 Page 22 i I I 3. Provides Ecology with data indicating the discharge is not expected to cause or contribute to an exceedance of a water quality standard, and retains such data on site with the SWPPP. The operator must provide data and other technical information to Ecology that sufficiently demonstrate: a. For discharges to waters without an EPA-approved or-established TMDL, that the discharge of the pollutant for which the water is impaired will meet in-stream water quality criteria at the point of discharge to the water body; or b. For discharges to waters with an EPA-approved or-established TMDL, that there is sufficient remaining wasteload allocation in the TMDL to allow construction sormwater discharge and that existing dischargers to the water body are subject to compliance schedules designed to bring the water body into attainment with water quality standards. Operators of construction sites are eligible for coverage under this permit if Ecology issues permit coverage based upon an affirmative determination that the discharge will not cause or contribute to the existing impairment. C. Sampling and Numeric Effluent Limits for Discharges to Water Bodies on the 303(d) List for Turbidity,Fine Sediment, or Phosphorus l. Permittees who discharge to segments of water bodies on the 303(d) list(Category 5)for turbidity, fine sediment, or phosphorus must conduct turbidity sampling in accordance with Special Condition S4.C.2 and comply with either of the numeric effluent limits noted in Table 5 below. 2. As an alternative to the 25 NTU effluent limit noted in Table 5 below(applied at the point where sormwater [or authorized non-storm water] is discharged off-site), permittees may choose to comply with the surface water quality standard for turbidity. The standard is: no more than 5 NTU over background turbidity when the background turbidity is 50 NTU or less, or no more than a 10%increase in turbidity when the background turbidity is more than 50 NTU. In order to use the water quality standard requirement,the sampling must take place at the following locations: a. Background turbidity in the 303(d)-listed receiving water immediately i upstream(upgradient) or outside the area of influence of the discharge. b. Turbidity at the point of discharge into the 303(d)-listed receiving water, i inside the area of influence of the discharge. 3. Discharges that exceed the numeric effluent limit for turbidity constitute a violation of this permit. 4. Permittees whose discharges exceed the numeric effluent limit shall sample discharges daily until the violation is corrected and comply with the non- compliance notification requirements in Special Condition S5.F. I Construction Stormwater General Permit—December 1, 2010 Page 23 Table 5. Turbidity, Fine Sediment& Phosphorus Sampling and Limits for 303(d)-Listed Waters Parameter identified Parameter Unit' 'Analytical Sampling `Numeric Effluent in 303(d) listing Sampled Method Frequency ! Limit • Turbidity Turbidity NTU SM2130 or Weekly,if 25 NTU,at the point • Fine Sediment EPA180,1 discharging where stormwater is • Phosphorus discharged from the site;OR In compliance with the surface water quality standard for turbidity (S8.C.1.a) 'Permittees subject to a numeric effluent limit for turbidity may, at their discretion, choose either numeric effluent limitation based on site-specific considerations including,but not limited to,safety, access and convenience. D. Discharges to Water Bodies on the 303(d)List for High pH 1. Permittees who discharge to segments of water bodies on the 303(d) list(Category 5)for high pH must conduct pH sampling in accordance with the table below, and comply with the numeric effluent limit of pH 6.5 to 8.5 su(Table 6). Table 6. pH Sampling and Limits for 303(d)-Listed Waters Parameter identified m, Pararpetgr Analytical Sampling Numeric Effluent `' \\4 303(d) hsting , SamplecUUnits '. Method Frequency Ltmtt` High pH pH/Standard pH meter Weekly, if In the range of 8.5— Units discharging 8.5 2. At the Permittee's discretion, compliance with the limit shall be assessed at one of the following locations: a. Directly in the 303(d)-listed water body segment, inside the immediate area of influence of the discharge; or i b. Alternatively,the permittee may measure pH at the point where the discharge leaves the construction site,rather than in the receiving water. 3. Discharges that exceed the numeric effluent limit for pH(outside the range of 6.5— 8.5 su)constitute a violation of this permit. 4. Permittees whose discharges exceed the numeric effluent limit shall sample discharges daily until the violation is corrected and comply with the non- compliance notification requirements in Special Condition SS.F. Construction Stormwater General Permit—December 1, 2010 Page 24 i E. Sampling and Limits for Sites Discharging to Waters Covered by a TMDL or Another Pollution Control Plan 1. Discharges to a water body that is subject to a Total Maximum Daily Load (TMDL) for turbidity,fine sediment,high pH, or phosphorus must be consistent with the TMDL. Refer to liftp://www.ecy,wa.ggy/Trograms/wq/tfndl/index.himl for more information on TMDLs. a. Where an applicable TMDL sets specific waste load allocations or requirements for discharges covered by this permit, discharges must be consistent with any specific waste load allocations or requirements established by the applicable TMDL. i. The Permittee must sample discharges weekly or as otherwise specified by the TMDL to evaluate compliance with the specific waste load allocations or requirements. ii. Analytical methods used to meet the monitoring requirements must conform to the latest revision of the Guidelines Establishing Test Procedures for the Analysis of Pollutants contained in 40 CFR Part 136. Turbidity and pl-1 methods need not be accredited or registered unless conducted at a laboratory which must otherwise be accredited or registered. b. Where an applicable TMDL has established a general waste load allocation for construction stormwater discharges,but has not identified specific requirements, compliance with Special Conditions S4(Monitoring) and S9 (SWPPPs)will constitute compliance with the approved TMDL, c. Where an applicable TMDL has not specified a waste load allocation for construction stormwater discharges, but has not excluded these discharges, compliance with Special Conditions S4 (Monitoring) and S9 (SWPPPs)will constitute compliance with the approved TMDL. d. Where an applicable TMDL specifically precludes or prohibits discharges from construction activity,the operator is not eligible for coverage under this permit. 2. Applicable TMDL means a TMDL for turbidity, fine sediment,high pH, or phosphorus that is completed and approved by EPA before January 1,2011, or before the date the operator's complete permit application is received by Ecology,whichever is later. TMDLs completed after the operator's complete permit application is received by Ecology become applicable to the Permittee only if they are imposed through an administrative order by Ecology, or through a modification of permit coverage. i I Construction Stormwater General Permit—December 1, 2010 Page 25 I i i S9. STORMWATER POLLUTION PREVENTION PLAN The Permittee must prepare and properly implement an adequate Stormwater Pollution Prevention Plan (SWPPP) for construction activity in accordance with the requirements of this permit beginning with initial soil disturbance and until final stabilization. A. The Permittee's SWPPP must meet the following objectives: 1. To implement best management practices (13MPs)to prevent erosion and sedimentation, and to identify,reduce, eliminate or prevent stormwater contamination and water pollution from construction activity. 2. To prevent violations of surface water quality, ground water quality, or sediment management standards. 3. To control peak volumetric flow rates and velocities of stormwater discharges. B. General Requirements i. The SWPPP must include a narrative and drawings. All BMPs must be clearly referenced in the narrative and marked on the drawings. The SWPPP narrative must include documentation to explain and justify the pollution prevention decisions made for the project. Documentation must include: a. Information about existing site conditions (topography, drainage, soils, vegetation, etc.). b. Potential erosion problem areas. c. The 12 elements of a SWPPP in Special Condition S9.D.1-12, including BMPs used to address each element. d. Construction phasing/sequence and general BMP implementation schedule. e. The actions to be taken if BMP performance goals are not achieved—for example, a contingency plan for additional treatment and/or storage of stormwater that would violate the water quality standards if discharged. f. Engineering calculations for ponds and any other designed structures. 2. The Permittee must modify the SWPPP if. during inspections or investigations conducted by the owner/operator, or the applicable local or state regulatory authority, it is determined that the SWPPP is, or would be, ineffective in eliminating or significantly minimizing pollutants in stormwater discharges from the site. The Permittee must then: a. Review the SWPPP for compliance with Special Condition S9 and make appropriate revisions within 7 days of the inspection or investigation. b. Immediately begin the process to fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, addressing the problems no later than 10 days from the inspection or investigation. If Construction Stormwater General Permit—December 1, 2010 Page 26 I I' installation of necessary treatment BMPs is not feasible within 10 days, Ecology may approve additional time when an extension is requested by a Permittee within the initial 10-day response period, c. Document BMP implementation and maintenance in the site log book. The Permittee must modify the SWPPP whenever there is a change in design, construction, operation, or maintenance at the construction site that has, or could have, a significant effect on the discharge of pollutants to waters of the State. C. Stormwater Best Management Practices (BMPs) BMPs must be consistent with: 1. Stormwater Management Manual for Western Washington(most recent edition), for sites west of the crest of the Cascade Mountains; or 2. Stormwater Management Manual for Eastern Washington(most recent edition), for sites east of the crest of the Cascade Mountains; or I 3. Revisions to the manuals listed in Special Condition S9.C.1. &2., or other stormwater management guidance documents or manuals which provide an equivalent level of pollution prevention, that are approved by Ecology and incorporated into this permit in accordance with the permit modification requirements of WAC 173-226-230; or 4. Documentation in the SWPPP that the BMPs selected provide an equivalent level i of pollution prevention, compared to the applicable Stormwater Management Manuals, including: a. The technical basis for the selection of all stormwater BMPs (scientific, technical studies, and/or modeling)that support the performance claims for the BMPs being selected. b. An assessment of how the selected BMP will satisfy AKART requirements and the applicable federal technology-based treatment requirements under 40 CFR part 125.3. D. SWPPP—Narrative Contents and Requirements The Permittee must include each of the 12 elements below in Special Condition S9.D.1- 12 in the narrative of the S WPPP and implement them unless site conditions render the element unnecessary and the exemption from that element is clearly justified in the SWPPP. 1. Preserve Vegetation/Mark Clearing Limits a. Before beginning land-disturbing activities, including clearing and grading, clearly mark all clearing limits, sensitive areas and their buffers, and trees that are to be preserved within the construction area. Construction Stormwater General Permit—December 1, 2010 Page 27 b. Retain the duff layer,native topsoil, and natural vegetation in an undisturbed state to the maximum degree practicable. 2. Establish Construction Access a. Limit construction vehicle access and exit to one route,if possible. b. Stabilize access points with a pad of quarry spalls, crushed rock, or other equivalent BMPs, to minimize tracking sediment onto roads. c. Locate wheel wash or tire baths on site, if the stabilized construction entrance is not effective in preventing tracking sediment onto roads. d. if sediment is tracked off site, clean the affected roadway thoroughly at the end of each day, or more frequently as necessary(for example, during wet weather). Remove sediment from roads by shoveling, sweeping, or pickup and transport of the sediment to a controlled sediment disposal area. i e. Conduct street washing only after sediment removal in accordance with Special Condition S9.D.2.d. Control street wash wastewater by pumping back on site or otherwise preventing it from discharging into systems tributary to waters of the State. 3. Control Flow Rates a. Protect properties and waterways downstream of development sites from erosion and the associated discharge of turbid waters due to increases in the velocity and peak volumetric flow rate of stormwater runoff from the project site,as required by local plan approval authority. b. Where necessary to comply with Special Condition S9.D.3.a, construct stormwater retention or detention facilities as one of the first steps in grading. Assure that detention facilities function properly before constructing site improvements (for example,impervious surfaces). I c. if permanent infiltration ponds are used for flow control during construction, protect these facilities from siltation during the construction phase. I 4. Install Sediment Controls The Permittee must design, install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. At a minimum,the Permittee must design, install and maintain such controls to: a. Construct sediment control BMPs (sediment ponds,traps, filters, etc.)as one of the first steps in grading. These BMPs must be functional before other land disturbing activities take place. b. Minimize sediment discharges from the site. The design, installation and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation,the nature of Construction Stormwater General Permit—December 1, 2010 Page 28 I� resulting stormwater runoff, and soil characteristics,including the range of soil particle sizes expected to be present on the site. c. Direct stonmwater runoff from disturbed areas through a sediment pond or other appropriate sediment removal BMP,before the runoff leaves a construction site or before discharge to an infiltration facility. Runoff from fully stabilized areas may be discharged without a sediment removal BMP,but must meet the flow ; control performance standard of Special Condition S9.D.3.a. d. Locate BMPs intended to trap sediment on site in a manner to avoid interference with the movement of juvenile salmonids attempting to enter off- channel areas or drainages. I e. Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration,unless infeasible. f. Where feasible, design outlet structures that withdraw impounded stormwater from the surface to avoid discharging sediment that is still suspended lower in the water column. I 5. Stabilize Soils a. The Permittee must stabilize exposed and unworked soils by application of effective BMPs that prevent erosion.Applicable BMPs include,but are not limited to:temporary and permanent seeding, sodding, mulching,plastic covering, erosion control fabrics and matting, soil application of polyacrylamide (PAM),the early application of gravel base on areas to be paved, and dust control b. The Permittee must control stormwater volume and velocity within the site to minimize soil erosion. I ; c. The Permittee must control stormwater discharges,including both peals flow ( i, rates and total stormwater volume,to minimize erosion at outlets and to minimize downstream channel and stream bank erosion. j d. Depending on the geographic location of the project,the Permittee must not allow soils to remain exposed and unworked for more than the tune periods set forth below to prevent erosion: I West of the Cascade Mountains Crest During the dry season(May 1 - Sept. 30): 7 days During the wet season (October I -April 30): 2 days i East of the Cascade Mountains Crest, except for Central Basin* During the dry season(July 1 - September 30): 10 days During the wet season(October 1 -June 30): 5 days The Central Basin*, East of the Cascade Mountains Crest Construction Stormwater General Permit—December 1, 2010 Page 29 During the dry Season(July 1 - September 30): 30 days During the wet season (October 1 - June 30): 15 days I *Note: The Central Basin is defined as the portions of Eastern Washington with mean annual precipitation of less than 12 inches. e. The Permittee must stabilize soils at the end of the shift before a holiday or weekend if needed based on the weather forecast. f. The Pennittee must stabilize soil stockpiles from erosion,protected with sediment trapping measures, and where possible, be located away from storm drain inlets,waterways, and drainage channels. g. The Permittee most minimize the amount of soil exposed during construction activity. h. The Permittee must minimize the disturbance of steep slopes. i. The Permittee must minimize soil compaction and, unless infeasible,preserve topsoil. 6. Protect Slopes a. The Permittee must design and construct cut-and-fill slopes in a manner to minimize erosion.Applicable practices include, but are not limited to,reducing continuous length of slope with terracing and diversions,reducing slope steepness, and roughening slope surfaces (for example,track walking). b. The Permittee must divert off-site stormwater(run-on)or ground water away from slopes and disturbed areas with interceptor dikes, pipes, and/or swales. Off-site stortnwater should be managed separately from stormwater generated on the site. c. At the top of slopes, collect drainage in pipe slope drains or protected channels j to prevent erosion. i. West of the Cascade Mountains Crest: Temporary pipe slope drains must handle the peak 10-minute velocity of flow from a Type 1 A, 10-year,24- hour frequency stone for the developed condition. Alternatively,the 10- year, 1-hour flow rate predicted by an approved continuous runoff model, increased by a factor of 1.6,may be used. The hydrologic analysis must use the existing land cover condition for predicting flow rates from tributary areas outside the project limits. For tributary areas on the project site,the analysis must use the temporary or permanent project land cover condition, whichever will produce the highest flow rates. If using the Western Washington Hydrology Model (WWHM)to predict flows, bare soil areas should be modeled as "landscaped area." I Construction Stormwater General Permit—December 1, 2010 Page 30 i i ii. East of the Cascade Mountains Crest: Temporary pipe slope drains must handle the expected peak flow velocity from a 6-month, 3-hour storm for the developed condition, referred to as the short duration storm. d. Place excavated material on the uphill side of trenches, consistent with safety and space considerations. e. Place check dams at regular intervals within constructed channels that are cut down a slope. 7. Protect Drain Inlets a. Protect all storm drain inlets made operable during construction so that stormwater runoff does not enter the conveyance system without first being filtered or treated to remove sediment. b. Clean or remove and replace inlet protection devices when sediment has filled one-third of the available storage(unless a different standard is specified by the product manufacturer). i � i 8. Stabilize Channels and Outlets a. Design, construct and stabilize all on-site conveyance channels to prevent erosion from the following expected peal,flows: i. West of the Cascade Mountains Crest: Channels must handle the peak 10- minute velocity of flow from a Type 1 A, 10-year, 24-hour frequency storm for the developed condition.Alternatively,the 10-year, 1-hour flow rate indicated by an approved continuous runoff model, increased by a factor of 1.6,may be used. The hydrologic analysis must use the existing land cover (' condition for predicting flow rates from tributary areas outside the project limits.For tributary areas on the project site,the analysis must use the temporary or permanent project land cover condition,whichever will j produce the highest flow rates. If using the W WHM to predict flows,bare soil areas should be modeled as "landscaped area." ii. East of the Cascade Mountains Crest: Channels must handle the expected peal,flow velocity from a 6-month, 3-hour storm for the developed condition,referred to as the short duration storm. b. Provide stabilization, including armoring material, adequate to prevent erosion of outlets, adjacent stream banks, slopes, and downstream reaches at the outlets of all conveyance systems. i 9. Control Pollutants Design, install, implement and maintain effective pollution prevention measures to minimize the discharge of pollutants. The Permittee must: Construction Stormwater General Permit—December 1, 2010 Page 31 I i a. Handle and dispose of all pollutants,including waste materials and demolition debris that occur on site in a manner that does not cause contamination of stormwater. I b. Provide cover,containment, and protection from vandalism for all chemicals, liquid products,petroleum products, and other materials that have the potential to pose a threat to human health or the environment. On-site fueling tanks must include secondary containment. Secondary containment means placing tanks or containers within an impervious structure capable of containing 110%of the volume contained in the largest tank within the containment structure. Double- walled tanks do not require additional secondary containment. C. Conduct maintenance,fueling, and repair of heavy equipment and vehicles using spill prevention and control measures. Clean contaminated surfaces immediately following any spill incident. d. Discharge wheel wash or tire bath wastewater to a separate on-site treatment system that prevents discharge to surface water, such as closed-loop recirculation or upland land application, or to the sanitary sewer with local sewer district approval. e. Apply fertilizers and pesticides in a manner and at application rates that will not result in loss of chemical to stormwater runoff. Follow manufacturers' label requirements for application rates and procedures. f. Use B.NVs to prevent contamination of stormwater runoff by pH-modifying sources. The sources for this contamination include,but are not limited to:bulk cement,cement kiln dust,fly ash,new concrete washing and curing waters, waste streams generated from concrete grinding and sawing, exposed aggregate processes, dewatering concrete vaults, concrete pumping and mixer washout waters. (Also refer to the definition for'concrete wastewater"in Appendix A-- Definitions.) i g. Adjust the pH of stormwater if necessary to prevent violations of water quality standards. It. Assure that washout of concrete trucks is performed offsite or in designated concrete washout areas only. Do not wash out concrete trucks onto the ground, or into storm drains, open ditches, streets, or streams. Do not dump excess concrete on site, except in designated concrete washout areas. Concrete spillage or concrete discharge to surface waters of the State is prohibited. i. Obtain written approval from Ecology before using chemical treatment other than CO2 or dry ice to adjust pH. 10. Control Dewatering a. Permittees must discharge foundation,vault,and trench dewatering water, which have characteristics similar to stormwater runoff at the site,into a Construction Stormwater General Permit—December 1, 2010 Page 32 controlled conveyance system before discharge to a sediment trap or sediment pond. b. Permittees may discharge clean, non-turbid dewatering water, such as well- point ground water,to systems tributary to, or directly into surface waters of the State, as specified in Special Condition S9.D.8,provided the dewatering flow does not cause erosion or flooding of receiving waters. Do not route clean dewatering water through stormwater sediment ponds. Note that"surface waters of the State"may exist on a construction site as well as off site; for example, a creek running through a site. c. Other treatment or disposal options may include: i. Infiltration. i ii. Transport off site in a vehicle, such as a vacuum flush truck,for legal disposal in a manner that does not pollute state waters. iii. Ecology-approved on-site chemical treatment or other suitable treatment j technologies. iv. Sanitary or combined sewer discharge with local sewer district approval, if there is no other option. v. Use of a sedimentation bag with discharge to a ditch or swale for small volumes of localized dewatering. d. Permittees must handle highly turbid or contaminated dewatering water separately from stormwater. 11. Maintain BMPs a. Permittees must maintain and repair all temporary and permanent erosion and sediment control BMPs as needed to assure continued performance of their intended function in accordance with BMP specifications. b. Permittees must remove all temporary erosion and sediment control BMPs within 30 days after achieving final site stabilization or after the temporary BMPs are no longer needed. j 12. Manage the Project a. Phase development projects to the maximum degree practicable and take into account seasonal work limitations. b. Inspection and monitoring--Inspect,maintain and repair all BMPs as needed to assure continued performance of their intended function. Conduct site inspections and monitoring in accordance with Special Condition S4. c. Maintaining an updated construction SWPPP --Maintain, update,and implement the SWPPP in accordance with Special Conditions S3, S4 and S9. Construction Stormwater General Permit—December 1, 2010 Page 33 E. SWPPP—Map Contents and Requirements The Permittee's SWPPP must also include a vicinity map or general location map (for example, a U SGS quadrangle map, a portion of a county or city map, or other appropriate map)with enough detail to identify the location of the construction site and receiving waters within one mile of the site. The SWPPP must also include a legible site map (or maps) showing the entire construction site.The following features must be identified, unless not applicable due to site conditions: 1. The direction of north,property lines, and existing structures and roads. 2. Cut and fill slopes indicating the top and bottom of slope catch lines. 3. Approximate slopes, contours, and direction of stormwater flow before and after major grading activities. 4. Areas of soil disturbance and areas that will not be disturbed. 5. Locations of structural and nonstructural controls(BMPs) identified in the SWPPP. 6. Locations of off-site material, stockpiles, waste storage,borrow areas, and vehicle/equipment storage areas. 7. Locations of all surface water bodies, including wetlands. 8. Locations where stormwater or non-stormwater discharges off-site and/or to a surface water body, including wetlands. 9. Location of water quality sampling station(s), if sampling is required by state or local permitting authority. 10. Areas where final stabilization has been accomplished and no further construction- phase permit requirements apply. SIO. NOTICE OF TERMINATION A. The site is eligible for termination of coverage when it has met any of the following conditions: 1. The site has undergone final stabilization,the Permittee has removed all temporary BMPs (except biodegradable BMPs clearly manufactured with the intention for the material to be left in place and not interfere with maintenance or land use), and all stonnwater discharges associated with construction activity have been eliminated; or 2. All portions of the site that have not undergone final stabilization per Special Condition S 10.A.1 have been sold and/or transferred(per General Condition G9), and the Permittee no longer has operational control of the construction activity; or Construction Stormwater General Permit—December 1, 2010 Page 34 'i i 3. For residential construction only, the Permittee has completed temporary stabilization and the homeowners have taken possession of the residences. B. When the site is eligible for termination, the Permittee must submit a complete and accurate Notice of Termination (NOT)form, signed in accordance with General Condition G2,to: Department of Ecology Water Quality Program- Construction Stormwater PO Box 47696 Olympia, Washington 98504-7696 The termination is effective on the date Ecology receives the NOT form, unless Ecology notifies the Permittee within 30 days that termination request is denied because the Permittee has not met the eligibility requirements in Special Condition S 10.A. Permittees transferring the property to a new property owner or operator/permittee are required to complete and submit the Notice of Transfer form to Ecology, but are not required to submit a Notice of Termination form for this type of transaction. I i I I I Construction Stormwater General Permit—December 1, 2010 Page 35 i i GENERAL CONDITIONS GI. DISCHARGE VIOLATIONS All discharges and activities authorized by this general permit must be consistent with the terms and conditions of this general permit. Any discharge of any pollutant more frequent than or at a level in excess of that identified and authorized by the general permit must constitute a violation of the terms and conditions of this permit. G2. SIGNATORY REQUIREMENTS A. All permit applications must bear a certification of correctness to be signed: 1. In the case of corporations, by a responsible corporate officer of at least the level of vice president of a corporation; 2. In the case of a partnership, by a general partner of a partnership; 3. In the case of sole proprietorship, by the proprietor; or 4. In the case of a municipal, state, or other public facility,by either a principal executive officer or ranking elected official. B. All reports required by this permit and other information requested by Ecology must be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above and submitted to the Ecology. 2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility, such as the position of plant manager, superintendent,position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters. C. Changes to authorization. If an authorization under paragraph G2.13.2 above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph G2.B.2 above must be submitted to Ecology prior to or together with any reports, information, or applications to be signed by an authorized representative. D. Certification. Any person signing a document under this section must make the following certification: "I certify under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering Construction 5tormrvater General Permit—December 1, 2010 Page 36 information,the information submitted is,to the best of my knowledge and belief,true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." .G3. RIGHT OF INSPECTION AND ENTRY i The Permittee must allow an authorized representative of Ecology, upon the presentation of credentials and such other documents as may be required by law: A. To enter upon the premises where a discharge is located or where any records are kept under the terms and conditions of this permit. B. To have access to and copy—at reasonable times and at reasonable cost-- any records j required to be kept under the terms and conditions of this permit. C. To inspect--at reasonable times—any facilities, equipment(including monitoring and control equipment),practices,methods, or operations regulated or required under this permit. D. To sample or monitor—at reasonable times—any substances or parameters at any location for purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act. i G4. GENERAL PERMIT MODIFICATION AND REVOCATION i I This permit may be modified,revoked and reissued, or terminated in accordance with the provisions of Chapter 173-226 WAC. Grounds for modification,revocation and reissuance, or termination include,but are not limited to,the following: A. When a change occurs in the technology or practices for control or abatement of pollutants applicable to the category of dischargers covered under this permit. !, B. When effluent limitation guidelines or standards are promulgated pursuant to the C WA or Chapter 90.48 RCW,for the category of dischargers covered under this permit. i C. When a water quality management plan containing requirements applicable to the category of dischargers covered under this permit is approved, or D. When information is obtained that indicates cumulative effects on the environment from dischargers covered under this permit are unacceptable. G5. REVOCATION OF COVERAGE UNDER THE PERMIT Pursuant to Chapter 43.21E RCW and Chapter 173-226 WAC,the Director may terminate coverage for any discharger under this permit for cause, Cases where coverage may be terminated include, but are not limited to,the following: Construction Stormwater General Permit—December 1, 2010 Page 37 i A. Violation of any term or condition of this permit. B. Obtaining coverage under this permit by misrepresentation or failure to disclose fully all relevant facts. C. A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. D. Failure or refusal of the Permittee to allow entry as required in RC W 90.48.090, F. A determination that the permitted activity endangers human health or the environment, or contributes to water quality standards violations. F. Nonpayment of permit fees or penalties assessed pursuant to RCW 90.48.465 and Chapter 173-224 WAC. G. Failure of the Permittee to satisfy the public notice requirements of WAC 173-226- 130(5),when applicable. The Director may require any discharger under this permit to apply for and obtain coverage under an individual permit or another more specific general permit. Permittees who have their coverage revoked for cause according to WAC 173-226-240 may request temporary coverage under this permit during the time an individual permit is being developed,provided the request is made within ninety(90) days from the time of revocation and is submitted along with a complete individual permit application form. G6. REPORTING A CAUSE FOR MODIFICATION The Permittee must submit a new application, or a supplement to the previous application, whenever a material change to the construction activity or in the quantity or type of discharge is anticipated which is not specifically authorized by this permit. This application must be submitted at least sixty (60)days prior to any proposed changes. Filing a request for a permit modification,revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not relieve the Permittee of the duty to comply with the existing permit until it is modified or reissued. G7. COMPLIANCE WITH OTHER LAWS AND STATUTES Nothing in this permit will be construed as excusing the Permittee from compliance with any applicable federal, state, or local statutes, ordinances, or regulations. G8. DUTY TO REAPPLY The Permittee must apply for permit renewal at least 180 days prior to the specified expiration date of this permit. Construction Stormwater General Permit—December 1, 2010 Page 38 i G9. TRANSFER OF GENERAL PERMIT COVERAGE Coverage under this general permit is automatically transferred to a new discharger, including operators of lots/parcels within a common plan of development or sale, if. A. A written agreement(Transfer of Coverage Form)between the current discharger (Permittee) and new discharger, signed by both parties and containing a specific date for transfer of permit responsibility, coverage, and liability is submitted to the Director; and B. The Director does not notify the current discharger and new discharger of the Director's intent to revoke coverage under the general permit. If this notice is not given,the transfer is effective on the date specified in the written agreement. When a current discharger(Permittee)transfers a portion of a permitted site,the current discharger must also submit an updated application form(NO1)to the Director indicating the remaining permitted acreage after the transfer. i G10. REMOVED SUBSTANCES The Permittee must not re-suspend or reintroduce collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of stormwater to the final effluent stream for discharge to state waters. I I GIL DUTY TO PROVIDE INFORMATION The Permittee must submit to Ecology, within a reasonable time, all information that L I Ecology may request to determine whether cause exists for modifying,revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee must also submit to Ecology, upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. I G12. OTHER REQUIREMENTS OF 40 CFR i All other requirements of 40 CFR 122.41 and 122,42 are incorporated in this permit by reference. G13. ADDITIONAL MONITORING Ecology may establish specific monitoring requirements in addition to those contained in this permit by administrative order or permit modification. Construction Stormwatee General Permit—December 1, 2010 Page 39 G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS Any person who is found guilty of willfully violating the terms and conditions of this permit shall be deemed guilty of a crime, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars ($10,000) and costs of prosecution, or by imprisonment in the discretion of the court. Each day upon which a willful violation occurs may be deemed a separate and additional violation. Any person who violates the terms and conditions of a waste discharge permit shall incur, in addition to any other penalty as provided by law, a civil penalty in the amount of up to ten thousand dollars ($10,000)for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be deemed to be a separate and distinct violation. G15. UPSET Definition—"Upset"means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the Permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based permit effluent limitations if the requirements of the following paragraph are met. A Permittee who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that: 1) an upset occurred and that the Permittee can identify the causes) of the upset; 2)the permitted facility was being properly operated at the time of the upset; 3)the Permittee submitted notice of the upset as required in Special Condition S5.F, and; 4) the Permittee complied with any remedial measures required under this permit. In any enforcement proceeding, the Permittee seeking to establish the occurrence of an upset has the burden of proof. G16. PROPERTY RIGHTS j This permit does not convey any property rights of any sort, or any exclusive privilege. G17. DUTY TO COMPLY The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the-Clean Water Act and is grounds for enforcement action; for permit termination,revocation and reissuance, or modification; or denial of a permit renewal application. Construction Storrnwater General Permit—December 1, 2010 Page 40 G18. TOXIC POLLUTANTS The Permittee must comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if this permit has not yet been modified to incorporate the requirement. i G19. PENALTIES FOR TAMPERING The Clean Water Act provides that any person who falsifies,tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction,be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this condition,punishment shall be a fine of not more than$20,000 per day of violation, or imprisonment of not more than four(4) years, or both. G20. REPORTING PLANNED CHANGES The Permittee must, as soon as possible, give notice to Ecology of planned physical alterations,modifications or additions to the permitted construction activity. The Permittee should be aware that, depending on the nature and size of the changes to the original permit, a new public notice and other permit process requirements may be required. Changes in activities that require reporting to Ecology include those that will result in: A. The permitted facility being determined to be a new source pursuant to 40 CFR 122.29(b). B. A significant change in the nature or an increase in quantity of pollutants discharged, including but not limited to: for sites 5 acres or larger, a 20% or greater increase in acreage disturbed by construction activity, C. A change in or addition of surface water(s)receiving stormwater or non-stormwater from the construction activity, D. A change in the construction plans and/or activity that affects the Permittee's monitoring requirements in Special Condition S4. Following such notice,permit coverage may be modified, or revoked and reissued pursuant to 40 CFR 122.62(a)to specify and limit any pollutants not previously limited. Until such modification is effective,any new or increased discharge in excess of permit limits or not specifically authorized by this permit constitutes a violation. it Construction Slormwaler General Permit—December 1, 2010 Page 41 i G21. REPORTING OTHER INFORMATION Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to Ecology, it must promptly submit such facts or information. G22. REPORTING ANTICIPATED NON-COMPLIANCE The Permittee must give advance notice to Ecology by submission of a new application or supplement thereto at least forty-five (45) days prior to commencement of such discharges, of any facility expansions,production increases, or other planned changes, such as process modifications, in the permitted facility or activity which may result in noncompliance with permit limits or conditions. Any maintenance of facilities,which might necessitate unavoidable interruption of operation and degradation of effluent quality,must be scheduled during non-critical water quality periods and carried-out in a manner approved by Ecology. G23. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER THE PERMIT Any discharger authorized by this permit may request to be excluded from coverage under the general permit by applying for an individual permit. The discharger must submit to the Director an application as described in WAC 173-220-040 or WAC 173-216-070, whichever is applicable, with reasons supporting the request. These reasons will frilly document how an individual permit will apply to the applicant in a way that the general permit cannot. Ecology may make specific requests for information to support the request. The Director will either issue an individual permit or deny the request with a statement explaining the reason for the denial. When an individual permit is issued to a discharger otherwise subject to the construction stormwater general permit, the applicability of the construction stormwater general permit to that Pent ittee is automatically terminated on the effective date of the individual permit. I I G24. APPEALS A. The tenor and conditions of this general permit, as they apply to the appropriate class of dischargers, are subject to appeal by any person within 30 days of issuance of this general permit, in accordance with Chapter 43.2113 RCW, and Chapter 173-226 WAC. B. The terms and conditions of this general permit, as they apply to an individual discharger, are appealable in accordance with Chapter 43.2113 RCW within 30 days of the effective date of coverage of that discharger. Consideration of an appeal of general permit coverage of an individual discharger is limited to the general permit's applicability or nonapplicability to that individual discharger. C. The appeal of general permit coverage of an individual discharger does not affect any other dischargers covered under this general pen nit, If the terms and conditions of this general permit are found to be inapplicable to any individual discharger(s),the matter Construction Stormwater General Permit—December 1, 2010 Page 42 shall be remanded to Ecology for consideration of issuance of an individual permit or permits. G25. SEVERABILITY The provisions of this permit are severable, and if any provision of this permit, or application of any provision of this permit to any circumstance, is held invalid,the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. G26. BYPASS PROHIBITED A. Bypass Procedures Bypass,which is the intentional diversion of waste streams from any portion of a treatment facility, is prohibited for stormwater events below the design criteria for stormwater management.Ecology may take enforcement action against a Permittee for bypass unless one of the following circumstances (1, 2, 3 or 4)is applicable. 1. Bypass of stormwater is consistent with the design criteria and part of an approved management practice in the applicable stormwater management manual. i 2. Bypass for essential maintenance without the potential to cause violation of permit limits or conditions. Bypass is authorized if it is for essential maintenance and does not have the potential to cause violations of limitations or other conditions of this permit, or adversely impact public health. 3. Bypass of stormwater is unavoidable, unanticipated, and results in noncompliance of this permit. This bypass is permitted only if: a. Bypass is unavoidable to prevent loss of life,personal injury, or severe property damage. "Severe property damage"means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. b. There are no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,retention of untreated wastes,maintenance during normal periods of equipment downtime (but not if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance), or transport of untreated wastes to another treatment facility. I Construction Stormwater General Permit—December 1, 2010 Page 43 c. Ecology is properly notified of the bypass as required in Special Condition S5.F of this permit. 4. A planned action that would cause bypass of stormwater and has the potential to result in noncompliance of this permit during a storm event. The Permittee must notify Ecology at least thirty(30) days before the planned date of bypass. The notice must contain: a. a description of the bypass and its cause b. an analysis of all known alternatives which would eliminate, reduce;or mitigate the need for bypassing. c. a cost-effectiveness analysis of alternatives including comparative resource damage assessment. i d. the minimum and maximum duration of bypass under each alternative. e. a recommendation as to the preferred alternative for conducting the bypass. f. the projected date of bypass initiation. g. a statement of compliance with SEPA. h. a request for modification of water quality standards as provided for in WAC 173-201A-110, if an exceedance of any water quality standard is anticipated. i. steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. 5. For probable construction bypasses,the need to bypass is to be identified as early in the planning process as possible. The analysis required above must be considered during preparation of the Stormwater Pollution Prevention Plan (SWPPP) and must be included to the extent practical. In cases where the probable need to bypass is determined early, continued analysis is necessary up to and including the construction period in an effort to minimize or eliminate the bypass. Ecology will consider the following before issuing an administrative order for this type bypass: a. If the bypass is necessary to perform construction or maintenance-related activities essential to meet the requirements of this permit. b. If there are feasible alternatives to bypass, such as the use of auxiliary treatment facilities,retention of untreated wastes, stopping production, maintenance during normal periods of equipment down time, or transport of untreated wastes to another treatment facility. c. If the bypass is planned and scheduled to minimize adverse effects on the public and the environment. Construction Stormwater General Permit—December 1, 2010 Page 44 i After consideration of the above and the adverse effects of the proposed bypass and any other relevant factors,Ecology will approve, conditionally approve, or deny the request. The public must be notified and given an opportunity to comment on bypass incidents of significant duration,to the extent feasible. Approval of a request to bypass will be by administrative order issued by Ecology under RCW 90.48.120. B. Duty to Mitigate The Permittee is required to take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. i 1 i Construction Stormwater General Permit—December 1, 2010 Page 45 I APPENDIX A—DEFINITIONS AKART is an acronym for"all known, available, and reasonable methods of prevention, control, and treatment."AKART represents the most current methodology that can be reasonably required for preventing,controlling, or abating the pollutants and controlling pollution associated with a discharge. Applicable T1VIDL means a TMDL for turbidity,fine sediment,high pH, or phosphorus, which was completed and approved by EPA before January 1,20t 1, or before the date the operator's complete permit application is received by Ecology,whichever is later. Applicant means an o en rator seeking coverage under this permit. Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other physical, structural and/or managerial practices to prevent or reduce the pollution of waters of the State. BMPs include treatment systems, operating procedures, and practices to control: stormwater associated with construction activity, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Buffer means an area designated by a local jurisdiction that is contiguous to and intended to protect a sensitive area. Bypass means the intentional diversion of waste streams from any portion of a treatment facility. Calendar Dav A period of 24 consecutive hours starting at 12:00 midnight and ending the following 12:00 midnight. Calendar Week(same as Weelo means a period of seven consecutive days starting at 12:01 a.m. (0:01 hours) on Sunday. Certified Erosion and Sediment Control Lead (CESCL) means a person who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology(see BMP C160 in the SWMM). i Clean Water Act(CWA) means the Federal Water Pollution Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 97-117; USC 1251 et seq. Combined Sewer means a sewer which has been designed to serve as a sanitary sewer and a storm sewer, and into which inflow is allowed by local ordinance. Common Plan of Development or Sale means a site where multiple separate and distinct construction activities may be taking place at different times on different schedules and/or by different contractors,but still under a single plan. Examples include: 1)phased projects and projects with multiple filings or lots,even if the separate pleases or filings/lots will be constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate builders); 2) a development plan that may be phased over multiple years, but is still under a Construction Stormwater General Permit—December 1, 2010 Page 46 i i consistent plan for long-term development; 3)projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility; and 4) linear projects such as roads, pipelines, or utilities. If the project is part of a common plan of development or sale,the disturbed area of the entire plan must be used in determining permit requirements. i j Composite Sample means a mixture of grab samples collected at the same sampling point at different times, formed either by continuous sampling or by mixing discrete samples. May be "time-composite" (collected at constant time intervals) or "flow-proportional" (collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots. Concrete wastewater means any water used in the production,pouring and/or clean-up of concrete or concrete products, and any water used to cut, grind, wash, or otherwise modify concrete or concrete products. Examples include water used for or resulting from concrete truck/mixer/pumper/tool/chute rinsing or washing, concrete saw cutting and surfacing(sawing, coring, grinding,roughening,hydro-demolition, bridge and road surfacing). When stormwater comingles with concrete wastewater, the resulting water is considered concrete wastewater and must be managed to prevent discharge to waters of the state, including ground water. Construction Activity means land disturbing operations including clearing,grading or excavation which disturbs the surface of the land. Such activities may include road construction, construction of residential houses, office buildings, or industrial buildings, and demolition activity. Contaminant means any hazardous substance that does not occur naturally or occurs at greater than natural background levels. See definition of"hazardous substance" and WAC 173-340-200. i Demonstrably Equivalent means that the technical basis for the selection of all stormwater BMPs is documented within a SWPPP, including: 1. The method and reasons for choosing the stormwater BMPs selected. 2. The pollutant removal performance expected from the BMPs selected. 3. The technical basis supporting the performance claims for the BMPs selected, including any available data concerning field performance of the BMPs selected. 4. An assessment of how the selected BMPs will comply with state water quality standards. 5. An assessment of how the selected BMPs will satisfy both applicable federal technology- based treatment requirements and state requirements to use all known, available, and reasonable methods of prevention, control, and treatment(AKART), Department means the Washington State Department of Ecology. Detention means the temporary storage of stormwater to improve quality and/or to reduce the mass flow rate of discharge. i Construction Stormwater General Permit—December 1, 2010 Page 47 Dewaterina means the act of pumping ground water or stormwater away from an active construction site. Director means the Director of the Washington Department of Ecology or his/her authorized representative. Discharger means an owner or operator of any facility or activity subject to regulation under Chapter 90.48 RCW or the Federal Clean Water Act. Domestic Wastewater means water carrying human wastes, including kitchen,bath, and laundry wastes from residences, buildings, industrial establishments, or other places,together with such ground water infiltration or surface waters as may be present. Ecology means the Washington State Department of Ecology. i Engineered Soils means the use of soil amendments including,but not limited,to Portland cement treated base (CTB), cement kiln dust (CI-D), or fly ash to achieve certain desirable soil characteristics. Equivalent BMPs means operational, source control, treatment, or innovative BMPs which result in equal or better quality of stonnwater discharge to surface water or to ground water than BMPs selected from the SWMM. Erosion means the wearing away of the land surface by naming water,wind, ice, or other geological agents, including such processes as gravitational creep. Erosion and Sediment Control BMPs means BMPs intended to prevent erosion and sedimentation, such as preserving natural vegetation, seeding, mulching and matting, plastic covering,filter fences, sediment traps, and ponds. Erosion and sediment control BMPs are synonymous with stabilization and structural BMPs. Final Stabilization(same as fully stabilized or full stabilization)means the establishment of a permanent vegetative cover, or equivalent permanent stabilization measures (such as riprap, gabions or geotextiles)which prevents erosion. Ground Water means water in a saturated zone or stratum beneath the land surface or a surface water body. Hazardous Substance means any dangerous or extremely hazardous waste as defined in RCW 70.105.010 (5) and (6), or any dangerous or extremely dangerous waste as designated by rule under chapter 70.105 RCW; any hazardous sub-stance as defined in RCW 70.105.010(14) or any hazardous substance as defined by rule under chapter 70.105 RCW; any substance that, on the effective date of this section, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C., See. 9601(14); petroleum or petroleum products; and any substance or category of substances, including solid waste decomposition products, determined by the director Construction Stomnivater General Permit—December 1, 2010 Page 48 i by rule to present a threat to human health or the environment if released into the environment. The term hazardous substance does not include any of the following when contained in an underground storage tank from which there is not a release: crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law. i Iniection Well means a well that is used for the subsurface emplacement of fluids. (See Well.) Jurisdiction means a political unit such as a city, town or county; incorporated for local self- government. National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying,revoking and reissuing, terminating,monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act,for the discharge of pollutants to surface waters of the State from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington Department of Ecology. Notice of Intent(NOI) means the application for, or a request for coverage under this general permit pursuant to WAC 173-226-200. Notice of Termination (NOT)means a request for termination of coverage under this general permit as specified by Special Condition S 10 of this permit. O erator means any party associated with a construction project that meets either of the following two criteria: i • The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or • The party has day-to-day operational control of those activities at a project that are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g.,they are authorized to direct workers at a site to carry out activities required by the SWPPP or comply with other pernit conditions). Permittee means individual or entity that receives notice of coverage under this general permit. pIJ means a liquid's measure of acidity or alkalinity. A pH of 7 is defined as neutral. Large variations above or below this value are considered harmful to most aquatic life. pH monitoring period means the time period in which the pH of stormwater runoff from a site must be tested a minimum of once every seven days to determine if stormwater pH is between 6.5 and 8.5. Point source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel,tunnel, conduit, well, discrete fissure, and container from which pollutants are or may be discharged to surface waters of the State. This term does not include return flows from irrigated agriculture. (See Fact Sheet for further explanation.) Construction Stormwater General Permit—December 1, 2010 Page 49 Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, domestic sewage sludge (biosolids),munitions, chemical wastes, biological materials, radioactive materials,heat,wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste. This term does not include sewage from vessels within the meaning of section 312 of the C WA,nor does it include dredged or fill material discharged in accordance with a permit issued under section 404 of the CWA. Pollution means contamination or other alteration of the physical, chemical, or biological properties of waters of the State; including change in temperature, taste, color,turbidity, or odor of the waters; or such discharge of any liquid, gaseous, solid,radioactive or other substance into any waters of the State as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health; safety or welfare; or to domestic, commercial, industrial, agricultural,recreational, or other legitimate beneficial uses; or to livestock, wild animals,birds, fish or other aquatic life. Process wastewater means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product,byproduct, or waste product 40 CFR 122.1 p p Yp P ( )• Receiving water means the water body at the point of discharge. If the discharge is to a storm sewer system, either surface or subsurface,the receiving water is the water body to which the storm system discharges. Systems designed primarily for other purposes such as for ground water drainage, redirecting stream natural flows, or for conveyance of irrigation water/return flows that coincidentally convey stormwater are considered the receiving water. Representative means a stormwater or wastewater sample which represents the flow and characteristics of the discharge.Representative sainples may be a grab sample, a time- proportionate composite sample, or a flow proportionate sample. Ecology's Construction Stormwater Monitoring Manual provides guidance on representative sampling. Sanitary sewer means a sewer which is designed to convey domestic wastewater. Sediment means the fragmented material that originates from the weathering and erosion of rocks or unconsolidated deposits, and is transported by, suspended in, or deposited by water. Sedimentation means the depositing or formation of sediment. Sensitive area means a water body,wetland, stream, aquifer recharge area, or channel migration zone. i i SEPA(State Environmental Policy Act)means the Washington State Law, RCW 43.21 C.020, intended to prevent or eliminate damage to the environment. Significant Amount means an amount of a pollutant in a discharge that is amenable to available and reasonable methods of prevention or treatment; or an amount of a pollutant that has a Construction Stormwater General Permit—December 1, 2010 Page 50 i reasonable potential to cause a violation of surface or ground water quality or sediment management standards. Significant concrete work means greater than 1000 cubic yards poured concrete or recycled concrete over the life of a project. Significant Contributor of Pollutants means a facility determined by Ecology to be a contributor of a significant amount(s) of a pollutant(s)to waters of the State of Washington. Site means the land or water area where any "facility or activity" is physically located or conducted. Source control BMPs means physical, structural or mechanical devices or facilities that are intended to prevent pollutants from entering stormwater. A few examples of source control j BMPs are erosion control practices,maintenance of stormwater facilities, constructing roofs over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead end sump. Stabilization means the application of appropriate BMPs to prevent the erosion of soils, such as, temporary and permanent seeding,vegetative covers,mulching and matting,plastic covering and sodding. See also the definition of Erosion and Sediment Control BMPs. Storm drain means any drain which drains directly into a storm sewer s, sY tem,usually found along roadways or in parking lots. l Storm sewer system means a means a conveyance, or system of conveyances (including roads with drainage systems,municipal streets, catch basins, curbs, gutters, ditches,manmade channels, or storrn drains designed or used for collecting or conveying stormwater. This does not include systems which are part of a combined sewer or Publicly Owned Treatment Works (POTW) as defined at 40 CPR 122.2. Stormwater means that portion of precipitation that does not naturally percolate into the ground I or evaporate, but flows via overland flow, interflow,pipes, and other features of a stormwater drainage system into a defined surface water body, or a constructed infiltration facility. Stormwater Management Manual(SWMM) or Manual means the technical Manual published by Ecology for use by local governments that contain descriptions of and design criteria for BMPs to prevent, control, or treat pollutants in stormwater. Stormwater Pollution Prevention Plan(SWPPP)means a documented plan to implement measures to identify,prevent, and control the contamination of point source discharges of stormwater. Surface Waters of the State includes lakes,rivers,ponds, streams, inland waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington. Construction Stormwater General Permit—December 1, 2010 Page 51 Temporary Stabilization means the exposed ground surface has been covered with appropriate materials to provide temporary stabilization of the surface from water or wind erosion.Materials include, but are not limited to,mulch,riprap, erosion control mats or blankets and temporary cover crops. Seeding alone is not considered stabilization. Temporary stabilization is not a substitute for the more permanent"final stabilization." Total Maximum Daily Load(TMDL) means a calculation of the maximum amount of a pollutant that a water body can receive and still meet state water quality standards. Percentages of the total maximum daily load are allocated to the various pollutant sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The TMDL calculations must include a "margin of safety' to ensure that the water body can be protected in case there are unforeseen events or unknown sources of the pollutant. The calculation must also account for seasonable variation in water quality. Treatment BMPs means BMPs that are intended to remove pollutants from stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration, and constructed wetlands. Transparency means a measurement of water clarity in centimeters (cm), using a 60 cra transparency tube. The transparency tube is used to estimate the relative clarity or transparency of water by noting the depth at which a black and white Secchi disc becomes visible when water is released from a value in the bottom of the tube. A transparency tube is sometimes referred to as a"turbidity tube." Turbidity means the clarity of water expressed as nephelometric turbidity units (NTU) and measured with a calibrated turbidimeter. Uncontaminated means free from any contaminant, as defined in MTCA cleanup regulations. See definition of"contaminant" and WAC 173-340-200. Waste Load Allocation(WLA)means the portion of a receiving water s loading capacity that is allocated to one of its existing or future point sources of pollution. WLAs constitute a type of water quality based effluent limitation(40 CFR 130.2[h]). Water quality means the chemical,physical, and biological characteristics of water,usually with respect to its suitability for a particular purpose. Waters of the State includes those waters as defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and "waters of the State" as defined in Chapter 90.48 RCW, which include lakes,rivers,ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington. Well means a bored, drilled or driven shaft, or dug hole whose depth is greater than the largest surface dimension. (See Injection well.) Construction Stormwater General Permit—December 1, 2010 Page 52 i Wheel wash wastewater means any water used in, or resulting from the operation of, a tire bath or wheel wash (BMP C106: Wheel Wash), or other structure or practice that uses water to physically remove mud and debris from vehicles leaving a construction site and prevent track- out onto roads. When stormwater comingles with wheel wash wastewater, the resulting water is considered wheel wash wastewater and must be managed according to Special Condition S9.D.9. i I jl i I I i Construction Stormwater General Permit—December 1, 2010 Page 53 i APPENDIX B—ACRONYMS AKART All Known, Available, and Reasonable Methods of Prevention, Control, and Treatment BMP Best Management Practice CESCL Certified Erosion and Sediment Control Lead CFR Code of Federal Regulations CKD Cement Kiln Dust cm Centimeters CTB Cement-Treated Base CWA Clean Water Act DMR Discharge Monitoring Report EPA Environmental Protection Agency ESC Erosion and Sediment Control FR Federal Register NOI Notice of Intent NOT Notice of Termination NPDES National Pollutant Discharge Elimination System NTU Nephelometric Turbidity Unit RCW Revised Code of Washington SEPA State Environmental Policy Act SWMM Stormwater Management Manual S WPPP Stormwater Pollution Prevention Plan TMDL Total Maximum Daily Load i UIC Underground Injection Control USC United States Code USEPA United States Environmental Protection Agency WAC Washington Administrative Code WQ Water Quality WWHM Western Washington Hydrology Model Construction Stormwater General Permit—December 1, 2010 Page 54 WLS HINOTON � '. CITY OF KENT MITIGATED DETERMINATION OF N®NSIGNIFICANCE Environmental Checklist Nio.: #ENV-2013-3 Project: Briscoe-Des!mone #RPSW-2130616 Levee Improvements Description: The City of Kent Public Works Department proposes to Install a structural steel sheet pile wall at the back of the existing levee slope to act as a secondary levee to reduce flood risk to the titles of Kent, Tukwila and Renton, The proposed flood wall will provide a minimum of 3 feet of freeboard above the predicted 500-year flood event in order to meet FEMA accreditation requirements, The flood wall will be constructed in four segments ("reaches") along the east bank of the Green River, between South 200th Street and South 180th Street. The northernmost segment("Reach 1") and a small piece of Reach 2 are located within the City of Tukwila (see Figure 1, next page). The City of Kent is acting as SEPA lead agency for the entire project, but separate shoreline permits will be submitted to Tukwila. The sheet piles will be Installed using vibratory equipment (but no Impact hammers) and will be between 23 and 64 feet deep, depending on location. The above-ground portion of the wall will range from 8 feet to 13 feet tall, when viewed from surrounding businesses. To allow for re- vegetation and habitat restoration, benches will be constructed where feasible along the riverbank (see Figure 2, next page). These benches will entail excavation between the ordinary high water mark and the existing Green River trail to create a bench of up to 15 feet wide where native trees and shrubs will be planted. Approximately 40,000 cubic yards of material will be removed to create the planting benches, An estimated 277 trees and 29 stumps will be removed, in addition to invasive or non-native vegetation. A minimum of 280 trees and 3,000 shrubs will be planted as mitigation on the excavated benches. The existing asphalt trail will be removed and relocated further landward adjacent to the flood wall, with handrails placed on top of the wall. The flood wall will extend approximately 3 feet above the surface of the new trail, plus a 1.5 foot handrail. Approximately 6,000 cubic yards of fill material will be used to construct the new trail. All existing public access points will be maintained and where necessary, stairways will be constructed. The Green River Trail will be temporarily closed in sections during construction, with detours provided, and will return to normal operations after construction. The parking lot serving the Green River Trail located adjacent to the cul-de-sac bulb of South 190th Street will be raised to match the trail elevation. This will improve trail access by providing ADA accessibility as well as maintenance access. Existing use of other adjacent properties will remain unchanged. The Kent portion of the project(Briscoe) Is located on the east bank of the Green River between South 200th Street and South 189th Street, Identified as King County Parcel Numbers 0222049047, 0000200044, 0000200043, 7888800090, 7888800111, 7888800140, 7888800155,and 7888800210. The Tukwila portion of the project (Desimone) is located on the east bank of the Green River between South 189th Street and South 180th Street, identified as King County Parcel Numbers 7888900110, 7888900170 and 7888900150. The project area spans several zoning districts, including M1 (Industrial Park) and M2 (Limited Industrial) in the Kent portion. The Tukwila portion is zoned C/LI (Commercial Light Industrial). I i Mitigated Determination of Nonsignificance Briscoe-Desimone Levee Improvements ENV-2013-3/RPSW-2130616 Figure 1: Project Map 44 �4 s ieoin sl {_ 547 43rd ST. '... TUKWILA LEVEE a — _ REACH_ 1 /,� o� f \� s IBO:h ST - �r R F _ EACH 2 f >it 0 n � µ� 5 798ih ST 1 16 - nA it y REACH 3 REACH 4 CITY OF KENT Figure 2: cross Section of Proposed Design eN vnxs vnnirs rxcnvnmx yarn a: shmiwc� }) Fl.00n HAL eamuc�``� G1tWPb 2of3 it I Mitigated Determination of Nonsignlficance Briscoe-Desimone Levee Improvements ENV-2013-3/RPSW-2130616 Applicant: Ken Langholz, City of Kent Public Works Lead Agency: CITY OF KENT The lead agency for this proposal has determined that It does not have a probable significant adverse impact on the environment. An environmental Impact statement(EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This Information is available to the public on request. X There Is no comment period for this DNS pursuant to WAC 197-11-355 Optional DNS process. There is no comment period for this DNS. This DNS Is issued under 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date of this decision; this constitutes a 14-day comment period. Comments must be submitted by . This DNS Is subject to appeal_pursuant to Kent City Code section 11,03.520. Responsible Official• Charlene Anderson, AICP Position/Title: Planning Manager/ SEPA OFFICIAL Address: 220 S. Fourth Avenue, Kent, WA 9803'2 Telephone: (253) 56-5454 Dated: April 9, 2013 Signature., _ APPEAL PROCESS: AN APPEAL OFA DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) DAYS FOLLOWING THE DATE OF THIS DECISION PER KENT CITY CODE 11.03.520. CONDITIONS/MITIGATING MEASURES- 1. The applicant shall evaluate the impacts to shallow groundwater movement through the floodwall. If impacts to groundwater are identified, appropriate mitigation measures will be implemented to mitigate the impact. Such measures could Include, but are not limited to staggering the lengths of the sheet piles to allow flow through or providing openings in the sheet piles to allow for groundwater movement through the wall. 2. The applicant shall finish the flood wall on bath the landward and waterward sides with aesthetic elements such as colors, textures or patterns to enhance the appearance and promote compatibility with surrounding uses. The final finish material shall be submitted for review and approval by Planning Services, jm\S:\Permit\Plan\Env\2013\2130616-2013-3dnsopt.doc I 3of3 I ® a s Zty of TukwilaJim Haggerton, Mayo ® Department of Community Development Jack Pace, Directo SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE SUBSTANTIAL DEVELOPMENT File:Number: L14-0030 Applied: April 10, 2014 Approved: August 20,2014 Expiration: August 20,2016 A permit is hereby granted to: City of Dent,Public Works Department to: Repair and improve approximately 1,300 linear feet of levee, in two reaches of the Green River using a structural sheet pile wall at the back of existing levee to reduce flood risk to the Cities of Kent,Renton and Tukwila. The river side of the levee will be re-graded to a 6:1 slope and 2:1 slope and be planted with native plants. To compensate for 29 trees that will be removed to construct the levee wall, 170 native trees,deciduous and evergreen,will be planted. The Green River Trail will be moved landward and two additional feet of paved trail will be added, for a total trail width of twelve feet with a two foot paved shoulder on the landward side of the trail and a gravel shoulder on the river side of the trail. i Upon the following property: I j Address: Reach 1: 18200 Cascade Avenue South Reach 2: 6545 South Glacier Street Parcel#: Reach 1: 788890-0170 and 788890-0150 Reach 2: 788890-0110 and 7888900120 Section/Township/Range: Reach 1: NW Quarter of 36-23-04 NE Quarter of 35-23-04 Reach 2: SE Quarter of 35-23-04 Development under this permit shall comply with the following conditions: 1. Revise the landscaping plan to show a total of 170 trees to be planted to replace the 29 trees that are being removed to repair the levee and revise the tree planting schedule to reflect the tree species that are listed in the August 12,2014 email from Matt Knox,City of Kent. This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other Federal, State or local statues,ordinances or regulations applicable to this project,but not inconsistent with the Shoreline Management Act(Chapter 90.58 RCW). j CL: Page 1 of 2 08/22/2014 3:55 PM RU14-0030 EriscoeJDesimone Levee RepaWBhoreline Substantial Development Permit NOD 6300 Southcenter Boulevard, Suite tt100 s Tuktvila, Washington 98188 o Phone 206-431-3670• Fax 206-431-3665 Briscoe/Desimone Levee Repair L14-0030 Shoreline Substantial Development Permit This permit may be rescinded pursuant to RCW 90.58.140(8) in the event the permittee fails to comply with the project as approved and any conditions thereof. CONSTRUCTION PURSUANT TO THIS PERMIT MAY NOT BEGIN AND IS NOT AUTHORIZED UNTIL TWENTY-ONE (21)DAYS FROM THE DATE OF RECEIPT WITH THE DEPARTMENT OF ECOLOGY AS DEFINED IN RCW 90.58.140(6)AND WAC 173-14-090, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN TWENTY-ONE(21)DAYS FROM THE DATE OF SUCH FILING HAVE TERMINATED;EXCEPT AS PROVIDED IN RCW 90.58.140(5)(a)(b)(c). r Pursuant to RCW 90.58,180 the decision by the City of Tukwila to issue this Shoreline Substantial Development Permit may only be appealed to the Shoreline Hearings Board. Appeals must be filed with the Shoreline Hearings Board within 21-days from the filing of this permit with the Department of Ecology as defined in RCW 90.58.140. For more detailed information on appeals,refer to RCW 90,58 and WAC 461.08. D J ace,Director of Department of Community Development Construction must begin within 2 years from the effective date of the permit and be substantially completed within 5 years of the effective date of the permit. The effective date of a substantial development permit shall be the date of receipt as provided in RCW 90.58.140(6). CL: Page 2 of 2 OSl222014 3S5 PM MAL14-003"fiscoe/DesLnone Levee RepaitNOD i i, i G R . Tl7 A HE ' FINDINGS,CONCLUSIONS AND DECISION Apaalieunt: City of Kent Public Works Department. Hide Number: L14-0031 ,A, nib,ica�tion: Shoreline Variance to allow levee repair design which varies from the levee profile in the SMP, and to reduce the required width of the Green River Trail from 18.feet to 16 feet,and to vary the. ovation: Green River Reach 1 SEPA Determination: Mitigation Determination of Non-signif"cauce issued on April 9,2013 by City of Kent as SEPA lead agency Comprehensive Plan! Zoning Designation: Commercial/Light Industrial j i Recommendation: Department of Community Development recommends approval. Public Hearing: The Hearing Examiner held.a public hearing on the application on July 22, 2014, at the Department of Community Development, 6300 Southcenter Boulevard, Suite 100,Tukwila,WA. Exhibits: The following exhibits were entered into the record: A. Department Staff-Report dated July 14,2014 with Attachments 1-8 1. Project Plan Sheets 2. Inundation Map 3. TMC 18.06,494 and TMC 18.44 4. City of Kent Shoreline Variance Narrative, Response to Variance Criteria;E- mail dated 7/10/14 re:loss of parking;email dated 7/11l14 re: average slopes S. Sheets 1-3 Desimone Levee Cross Sections 6. Muckleshoot Indian Tribe chnil dated 713/14 and attachment dated 411/13 7. City of Kent email dated 7/11/14 and letter dated 4/5/13, to Muckleshoot Indian Tribe 8. City of Kent SEPA documents(checklist,staff report and SEPA MDNS) Hearing Examiner Decision ]L14-0031 City of Kent Shoreline Variance Page 2 of 10 B. Department Staff Report Addendum dated July 15,2014 C. Power Point slides from presentation on July 22,2014 D. Aerial phots of 18200 Cascade Avenue South and map depicting parking stalls E. Department Response to Hearing Examiner questions dated August 1, 2014 with Attachments: 1-7 1. Protective Covenants 2. April 29, 1974 Tukwila City Council special meeting minutes 3. May 6, 1974,Tukwila City Council regular meeting vote on approval of plat 4. Southcenter South Industrial Park recorded plat 5. July 15, 1985 Tukwila City Council minutes 6. Resolution 965 adopted July 15, 1985 7. November 12, 1985 Tukwila City Council discussion notes The following persons testified at hearing: City; Carol Lumb, Senior Planner,Department of Community Development Applicant: Ken Langholz,Senior Engineer, City of Kent Public Works Department Matt Knox, Conservation Analyst,City of Kent Public Works Department Public: Todd O'Keefe David Moffett Introduction The applicant, City of Kent Public Works Department, seeks a Shoreline 'Variance for levee repair work within the City of Tukwila. A hearing on the application was held by the Hearing Examiner on July 22, 2014, at the Department of Community Development, 6300 Southeenter Boulevard, Tukwila, WA. The record was held open after the hearing to receive more information from the Department and applicant concerning construction and trail location impacts on nearby business' parking areas. The information was submitted to the Hearing Examiner on August 1, 2014, and the record was closed at that time. Represented at the hearing were: the Department,by Carol Lumb, Senior Planner; and the applicant,City of Kent Public Works Department,by Ken Langholz,Engineering Supervisor, and Matt Knox, Conservation Analysk City of Kent Public Works Department All references to TMC or Code refer to the Tukwila Municipal Code. After due consideration of the evidence presented at the public hearing, the following shall constitute the findings of fact, conclusions and decision of the Hearing Examiner on this application. I Hearing Examiner Decision L14.0031 City of Kent Shoreline Variance Page 3 of 10 Findings of Fact 1, The City of Kent is undertaking repairs of the Briscoe-Aesimone Levee System which lies along the Green River. The levee repairs are located in four segments or "reaches"along the east bank of the River where.between S. 180P Street and South 200th Street, as shown in the record. Reach 1 lies within the City of Tukwila and totals approximately 1,100 linear feet, and extends approximately 700 feet west of West Valley Highway to the shoulder of West Valley highway. Approximately 200 feet of Reach 2 is also within the City of Tukwila but this portion is where the reconfigured Ievee is re- joined to the existing levee system,and does not require a variance. 2. The shoreline environment designation for Reach 1 is Urban Conservancy. The shoreline buffer in the Urban Conservancy environment,where levees are present,Is 125 feet. Construction,maintenance,or redevelopment of levees for flood control purposes is a permitted use in the Urban Conservancy buffer,provided that the new or redeveloped levee meets the applicable levee requirements of the City's Shoreline Master Program (SMP) and the Code. Public trails are a permitted use in the Urban Conservancy Environment buffer. 3. The SMP standards designate a levee profile which achieves an overall slope of 2.5.1, or as close to 2.5:1 as possible. The SMP also provides that a floodwall is not the preferred back slope profile for a levee but may be substituted for all or a portion of the back slope only where necessary to avoid encroachment or damage to a structure legally constructed prior to the date of the adoption of the current SMP that has not lost its nonconforming status. 4. In 2011, the US Army Corps of Engineers (COE) proposed new national regulations that would have banned vegetation on levees and would have required local jurisdictions to apply for a vegetation variance on a case-by-case basis each time planting of vegetation, including trees was proposed. The COE has released an interim policy to allow local jurisdictions to decide whether to place trees on levees. This policy is not a permanent rule, and it is unclear what the COE's final position will be on allowing vegetation on levees. 5. The applicant City of Keats engineering studies indicate the top of the levee is overly narrow and showing signs of failure. The applicant's evaluation concludes that flows of just over 4,000 cubic feet per second (CFS) in March of 2014 caused sloughing and erosion, but 12,000 CFS 100-year flood event storms can be expected in the Reach. Exhibit 2 shows the area of potential inundation in the event of a failure of Reach 1,with the inundation of the Kent Valley extending from approximately S. 228'Street to 1405. S. The proposed project is to install a structural steel sheet pile wall at the back of the existing levee at this location to act as a secondary levee in order to reduce flood risk. The proposed flood wall Would provide a minimum of three feet of freeboard above the predicted 500-year flood event, in order to meet the Federal Emergency Management i Hearing Examiner Decision L14-0031 City of Kent Shoreline Variance Page 4 of 10 Agency (FEMA) accreditation requirements. The waterward side of the levee would be reconfigured, creating lower bench and upper slope areas that would be planted with vegetation to create new fish and wildlife habitat. 7. The proposed design creates a 6:1 slope on the lower portion of the bank adjacent to the ordinary high water mark,and a 2:1 upper slope. The average overall slope for the proposed design would be 2.56:1 (as measured between the OffWM and the edge of the trail). The sloping lower bench would be engaged whenever the river reaches approximately 2,500 CFS. This occurs on average 39 days each year between January and June,the period when threatened Chinook salmon out-migrate from the Green River. (In contrast,the 15-wide bench adopted as the SMP minimum levee profile engages when the river is at approximately 5,500 CFS,which is on average once or twice each year). a. The existing segment of the Green River trail at this location would he removed and a new trail segment created. The new trail would include a 12-foot wide asphalt trail, a Moot wide concrete shoulder on the landward side, and a 2-foot wide_gravel shoulder on the riverward side, for a total of 16 feet in width. I 9. The'proposal would require tho'removal of 36 trees from the project area. The trees range in size from a four-inch diameter Hawthorn to several 24-inch diameter London Plane trees. The large London Plane trees are located 50-90 feet from the river's edge. 10. The applicant proposes to plant 137 native trees in the 6:1 and 2:1 areas on the riverside of the levee. The proposal also includes the planting of shrubs and groundcovers on the riverside of the levee, with approximately 1205 plantings on the lower slope; 360 on the middle slope;and 705 on the upper slope. Because the sheet pile wall will serve as the levee, the applicant does not expect plantings on the riverside to conflict with current or future COE levee vegetation limits. It is anticipated that the new plantings, in 10 years or less,will provide more shading than is currently provided by the existing trees which are located some distance from the river's edge. 11. The proposed levee repair project will require elimination of 47 parking stalls which serve an office building addressed as 18200 Cascade Avenue South (the Riverpointe Two office park). After the project is completed, 17,parking stalls would be located along the back wall of the levee,for a net loss of 25 parking stalls. 12. The City of Kent as SEPA lead agency reviewed the larger levee repair project, (including levee repair actions located within the City of Kent), and issued a Mitigated Determination of Non-significance(MDNS)on April 9,2013. 13. The Muckleshoot Indian Tribe submitted comments to the Department. The comments are shown at Attachment 6. The comments addressed fishing site locations, including a site located on Reach l,.and the impaets on fish babitat from tree removal and other conditions. Rearing L+xaminer Decision L14-0031 City of Kent Shoreline variance Page 5 of 10 14. The City of Kent's response to the comments are shown at Attachment 7. The City of Kent has met with the Tribe and intends to maintain access to the fishing sites on the affected Reaches during construction and after the project is complete. 15, At the public hearing, two members of the public testified, both of whom own property near the levee. One speaker,representing the Riverpointe Two LLC, requested that the project be redesigned so as to ensure that there are 4 parking stalls per 1,000 square feet to serve the building's tenants. The other commenter voiced concerns about the impacts' of construction-related traffic and its impacts on parking, and how those impacts could be addressed consistent with the parking provisions of protective covenants for the Southcenter South Industrial Park. 16. The Hearing Examiner asked the staff and applicant to respond to the comments, and left the icord open after the hearing until August 1,2014,to receive their responses. The responses were filed on August 1, 2014 and have been added to the record on this matter. Codes 17. TMC 18.44.130.1)contains the approval criteria for a shoreline variance permit 3. Shoreline Variance Permits should be granted in circumstances where denial of the permit would result.in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances exist and the public interest will suffer no substantial detrimental effect. `ect. 4. Approval Criteria. ,4 Shoreline Variance Permit for a use, activity or development that will be located landward of the ordinary high water mark and/or landward of any wetland may. be authorized provided the applicant can demonstrate all of thefollowing.• a, The strict application of the bulb dimensional, or performance standards set forth in this chapter preclude or significantly interfere with a reasonable use of the property not otherwise prohibited by this chapter. b. The hardship described in TMC Section 18.44.130.U.4. is speciflcally related to the property and is the result of unique conditions such as irregular lot shape, 'size, or natural features and the application of this chapter, and not from the owner's own actions or deed restrictions; and that the variance is necessary because of these conditions in order to provide the owner with use rights and privileges permitted to other properties in the vicinity and zone in which the property is situated c. The design of the project will be compatible with other authorized uses within the area and with uses planned for the area under the i i i Hearing Examiner Decision L14-0031 City of Kent Shoreline Variance Page 6 of 10 Comprehensive Plan and SNIP and will not cause adverse impacts to adjacent properties or the shoreline environment. d. The variance will not constitute a grant of special privilege not enjoyed by other properties in the area e. The variance is the minimum necessary to afford relief. f. The public interest will suffer no substantial detrimental effect. 18. WAC 173-27-170 includes the above criteria as well as the following additional i criteria for granting of a shoreline variance permit: In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example if variances were granted to other developments and/or uses in the area where similar circumstances exist the total of the variances shall also remain consistent with the policies of RCW 90.58,020 and shall not cause substantial adverse effects to the shoreline environment. Variances from the use regulations of the master program are prohibited 19. WAC 173-27-200 provides that: (1) After local government approval of a conditional use or variance permit, local government shall submit the permit to the department for the department's approval, approval with conditions, or denial. The department shall render, and transmit to local government and the applicant its final decision approving approving with -conditions, or disapproving the permit within thirty days of the date of submittal by local government pursuant to WAC 173-27-110, (2) The department shall review the complete file submitted by local government on conditional use and variance permits and any other information submitted or available that is relevant to the application. The department shall base its determination to approve, approve with conditions or deny a conditional use permit or variance on consistency with the policy and provisions of the act an4 except as provided in WAC 173-27-210, the criteria in WAC 173-27-160 and 173-27-170. (3) Local government shall provide timely notification of the department's final decision to those interested persons having requested notification from local governmentpursuant to WAC 173-27-130. Hearing Examiner(Decision L14-0031 City of Kent Shoreline Variance Page 7 of 10 Conclusions 1. The Hearing Examiner has jurisdiction over this application pursuant to TMC 18.104.010. Under that section, shoreline variances are Type 3 decisions. Under RCW 90.58.140 and WAG 173-27-200, the state Department of Ecology shall review a shoreline variance permit and issue a final decision to approve, approve with conditions, or disapprove the permit within thirty days of submittal by local government to Ecology. 2. In order to be approved,the applicant must demonstrate that all of the criteria for a shoreline variance are met, 3. The .first criterion is that strict application of the bulk, dimensional or performance standards preclude or significantly interfere with a reasonable use of the property not otherwise prohibited. This criterion is met. The strict application of the 25:1 slope standard would require removal of a portion of West Valley Highway, and would require the demolition of existing buildings and relocation of current businesses. The levee repair project would be delayed by the resulting need to move the highway and acquire adjacent private properties. Strict adherence to a 2.5:1 slope would also eliminate the ability to incorporate the 6:1 bench on the lower portion of the bank, which is intended to provide additional flood refuge habitat for migrating Chinook salmon, as well as to provide planting areas that will provide increased shading of the waterway and additional habitat. The applicant's proposed uses, to repair-the levee and replace a portion of the trail, are reasonable uses not prohibited by the by the Shoreline Master Program. The use of the floodwall as part of the proposed design is allowed under the SW when the presence of existing legal nonconforming structures leave insufficient room for a levee backslope. 4. The applicant also seeks a variance from the required 18-foot trail width,in order to create the proposed 16-foot wide trail. The trail is constrained by the location of adjacent developed properties, and strict adherence to the required 18-foot width would significantly interfere with the creation of the enhanced riparian zone and flood refuge habitat,which are reasonable uses. 5. The next criterion is that the hardship is specifically related to the property and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the Master Program, rather than the owner's own actions or deed restrictions; and that the variance is necessary because of these conditions in order to provide the owner with use rights and privileges permitted to other properties in the vicinity and zone in which the property is situated. This criterion is met. The hardship in achieving the 2;5:1 overall slope required by the SW is caused by the fact that Green River Reach 1 is adjacent West Valley Highway and the two developed private-owned parcels. These conditions were not created by the owner's actions or deed restrictions. The hardship related to required trail width is the result of the location of the existing trail,which is adjacent the levee. Requiring an 18-foot width at this location would result in the loss of proposed habitat area associated with the levee repair project. The proposed Hearing Examiner Decision I14-0031 City of Kent Shoreline Variance Page 8 of10 trail segment width will meet King County trail standards, and will be wider than the existing trail. The variances are necessary in order to provide the applicant with the ability to meet federal levee safety standards and to provide flood protection and wildlife habitat along this Reach, similar to that permitted to other properties along the Green River, 6. The next.criterion is that the design of the project will be compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and SMP and will not cause adverse impacts to adjacent properties or the shoreline environment. This criterion is met. The proposed levee design would be compatible with other authorized uses and with uses planned for the area; the utilization of the floodwall design provides flood protection meeting federal standards,. while minimizing intrusion into the adjoining developed properties. The.design would add flood refuge habitat for migrating salmon and add significant amounts of vegetation to the shoreline area in order to improve habitat. The proposed trail segment would be two feet wider than the existing trail, and would serve as the connecting segment with other portions of the Green River Trail.. 7. . Although approximately 25 parking stalls on an adjacent commercially developed site would be removed, the loss of the.spaces would not be incompatible with uses that are authorized within, the Commercial/Light Industrial Zone. The number of stalls remaining would be sufficient to meet the Code-required ratio of 3 stalls per 1,000 square feet, and the applicant has also rioted that the reconfiguration of certain site features(e.g., landscape islands or.re-striping of parking stalls) could make up for the 25 lost stalls. The property owner believes that a ratio of 4 stalls per 1,000 square feet is necessary for his tenants, but the potential effect on leases or other business impacts associated with a reduction in parking stalls,are not impacts that may be considered in a shoreline variance decision. The applicant has noted that it will be offering compensation to the property owner. Construction impacts to parking supply in the vicinity would be addressed by the City Engineer,through the authorization of temporary on-street parking. The covenants for the Southcenter South Industrial Park would not limit the City Engineer's authority to authorize on-street parking in this area. 8. The next criterion is that the variance will not constitute a grant of special privilege not enjoyed by other properties in the area Although the factors here are somewhat unique in that the project is a levee repair and public trail,the variance would not constitute a grant of special privilege. Relief from the slope ratio or the trail width requirements for other properties within the City of Tukwila would be subject to the same shoreline variance criteria. Thus,this criterion is met. 9. The variance must be the minimum to afford relief. The application here is for the minimum relief necessary to achieve the repair of the levee, while minimizing impacts on the parking and drive aisles of private property adjacent the site. The requested two-foot reduction in overall trail width is the minimum necessary to create the new frail segment at this location. I Hearing Examiner Decision L14-0031 City of Kent Shoreline Variance Page 9 of 10 10. The next criterion is that the public Interest will suffer no substantial detrimental effect. The granting of the variance from the levee profile will allow the levee at Reach I to be repaired so as to provide more certain flood protection,while allowing for plantings closer to the river to provide shade,and to provide shallow flood refuge areas for salmon during high flow times. The new trail segment would he wider than the existing trail.No ' substantial detrimental effect on the public interest would occur firam the proposed variance. 11. Consideration is also to be given to the cumulative impact of additional requests for like actions in the area. The City's SMP anticipates the necessity of varying the adopted levee profile, due to the developed nature of the shoreline in the city and the number of structures within the shoreline jurisdiction that are located behind established levees in need of repair. The goals of the City's adopted levee profile are to provide a less steep,more stable levee profile that will add river channel capacity to accommodate high flows, and to provide habitat benefits that are Iacking with the existing over- steepened levees, whose vegetation is limited by Corps of Engineers regulations, The variances from levee profile and trail width are consistent with the SNP goals regarding levee profile,and similar requests for like actions would be measured against the variance criteria and SMP goals 'and policies concerning levee profiles and trail widths. No cumulative impacts are anticipated td result that would not be addressed by the SMP and Codes. 12. Variances from the use regulations of a,shoreline piaster program are prohibited. The variance relief requested is not from the use regulations of the Tukwila SW. 13. The applicant has demonstrated that extraordinary circumstances exist, that the public interest will suffer no-substantial detrimental effect, and that all.approval criteria for the granting of a shoreline variance have been met by the application. The application should therefore be approved, Decision The City of Kent's application for a Shoreline Variance regarding slope and trail width is approved. Under RGW 90.58.140, the Department of Ecology shall render a final decision approving, approving with conditions, or disapproving a shoreline variance permit. Entered this I I"day of August,2014. Anne Watanabe Hearing Examiner Hearing Examiner Decision L14-0031 City of Kent Shoreline Variance Page 10 of 10 I Concerning Further Review TMC 18.44.040 provides that "Any appeal of a decision by the City on a Shoreline Substantial Development Permit, Shoreline Conditional Use or Shoreline Variance must be appealed to the Shoreline Hearing Board" I i I DEPARTMENT OF ARCHAEOLOGY& Allyson Brooks Ph.D.,Director HISTORIC PRESERVATION State Historic Preservation Officer ftlect Ills P051,JIDp:"I rVVu March 27, 2013 I Mr-David Radabaugh Department of Ecology PO Box 47600 Lacey,Washington98504-7600 Re: Briscoe-Desimone Levee Improvement Project Log No: 032713-03-ECY Dear Mr. Radabaugh: We have been contacted by Ms.Robyn Bartelt, City of Kent Public Works pursuant to Executive Order 05-05. We have reviewed the materials she provided for the proposed Briscoe-Desimone Levee Improvement Project, King County,Washington. We concur with a determination of No cultural resources impacts. We would appreciate receiving any correspondence or comments from concerned tribes or other parties that you receive as you consult under the requirements of Executive Order 05-05 fn the event that archaeological or historic materials are discovered during project activities, work in the immediate vicinity must stop, the area secured, and the concerned tribes and this department notified. These comments are based on the information available at the time of this review and on the behalf of the State Historic Preservation Officer. Should additional information become available, our assessment may be revised. Thank you for the opportunity to comment and a copy of these comments should be included in subsequent environmental documents. Sincerely, I Robert G. Whitlam, Ph.D. State Archaeologist (360) 586-3080 email: rob.whitlamCdahp.wa.gov I i 6rAFpo State of Washington • Department of Archaeology&Historic Preservation P.O. Box48343 • Olympia, Washington 98504-8343 • J360) 586-3065 www.dahp.wa.gov „, a PREVA I i I Reach 1 Mitigation Planting/Langholz. A - 2 September 21, 2016 Project Number, 09-3011 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, workers 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: 10/11/2016 Count Trade Job Classification Wa a Holiday Overtime Note King Asbestos Abatement Workers Journey Level $45.25 5D 1H ,King Boilermakers Journey Level $64.29 5N 1c King Brick Mason Journey Level $54.32 5A 1M King Brick Mason Pointer-Cautker-Cleaner $54.32 5A 1M King Building Service Employees Janitor $22.84 5S 2F -King Building Service Employees Traveling Waxer/Shampooer $23.29 5S 2F King Building Service Employees Window Cleaner (Non- $23.99 5S 2F Scaffold) `King Building Service Employees Window Cleaner (Scaffold) $26.78 55 2F King Cabinet Makers (In Shop) Journey Level $22.74 1 King Carpenters Acoustical Worker $55.51 5D 4C King Carpenters Bridge, Dock And Wharf $55.51 5D 4C Carpenters King Carpenters Carpenter $55.51 5D 4C King Carpenters Carpenters on Stationary Tools $55.64 5D 4C 4King Carpenters Creosoted Material $55.61 5D 4C King Carpenters Floor Finisher $55.51 5D 4C 'King Carpenters Floor Layer $55.51 5D 4C King Carpenters Scaffold Erector $55.51 5D 4C King Cement Masons Journey Level $55.56 7A 1M King Divers & Tenders Diver $108.77 5D 4C 8A King Divers Ft Tenders Diver On Standby $66.05 5D 4C 'King Divers Et Tenders Diver Tender $59.88 5D 4C ,King Divers Et Tenders Surface Rcv Et Roy Operator $59.88 5D 4C King Divers & Tenders Surface Rcv Et Rov Operator $55.76 5A 4C Tender King Dredge Workers Assistant Engineer $56.44 5D 3F King Dredge Workers Assistant Mate (Deckhand) $56.00 5D 3F King Dredge Workers Boatmen $56.44 5D 3F King Dredge Workers Engineer Welder $57.51 5D 3F hthnc•//fnrfrocc na nnv/Inihn �nclnnLnn/nrrlAJ�nclnnL n xnv 0/10/7rY1ti Page 2 of 17 King 'Dredge Workers Leverman, Hydraulic $58.671 SD 3F King Dredge Workers Mates $56.441 5D 3F King Di edge Workers Oiler $56.00 5D 3F King Drywall Applicator Journey Level $55.51 5D 1 H King Drywall Tapers Journey Level $55.66 5P 1E King Electrical Fixture Maintenance Journey Level $27.24 5L 1E Workers King Electricians - Inside Cable Splicer $69.77 7C 4E King Electricians - Inside Cable Splicer (tunnel) $74.951 7C 4E King Electricians - Inside Certified Welder $67.411 7C 4E King Electricians - Inside Certified Welder (tunnel) $72.37 7C 4E King Electricians - Inside Construction Stock Person $37.94 7C 4E King Electricians - Inside Journey Level $65.05 7C 4E King Electricians - Inside Journey Level (tunnel) $69.77 7C 4E King Electricians - Motor Shop Craftsman $15.37 1 King Electricians - Motor Shop Journey Level $14.69 1 King Electricians - Powerline Cable Splicer $71.85 5A 4D Construction King Electricians - Powerline Certified Line Welder $65.71 5A 4D Construction King Electricians - Powertine Groundperson $44.12 5A 4D Construction King Electricians - Powerline Heavy Line Equipment $65.71 5A 4D Construction Operator King Electricians - Powertine Journey Level Lineperson $65.71 5A 4D Construction King Electricians - Powerline Line Equipment Operator $55.34 5A 4D Construction King Electricians - Powertine Pote Sprayer $65.71 5A 4D Construction King Electricians - Powertine Powderperson $49.16 5A 4D Construction King Electronic Technicians Journey Level $31.00 1 King Elevator Constructors Mechanic $85.45 7D 4A King Elevator Constructors Mechanic In Charge $92.35 7D 4A King Fabricated Precast Concrete All Classifications - In-Factory i $16.55 5B 1 R Products Work Only King Fence Erectors Fence Erector $15.18 1 King f Lag&ers Journey Level $38.361 7A 31 King Gtaziers Journey Level $58.31 7L 1Y King Heat It Frost Insulators And Journeyman $65.43 5J 1S Asbestos Workers King Heating Equipment Mechanics Journey Level $75.46) 7F 1E King Hod Carriers 8 Mason Tenders Journey Level $46.66 7A 31 King Industrial Power Vacuum Journey Level $9.47 1 Cleaner King €niand Boatmen Boat Operator $56.78 5B 1K King inland Boatmen Cook $53.30 5B 1K https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 9/19/2016 Page 3 of 17 ,King Inland Boatmen Deckhand $53.301 5B I 1K King Inland Boatmen Deckhand Engineer $54.32 5B 1K King Inland Boatmen Launch Operator $55.57 5B 1K King Inland Boatmen Mate $55.57 5B 1 K King Inspection/Cteaning/Sealing Cleaner Operator, Foamer $31.49 1 Of Sewer & Water Systems By Operator Remote Control King Inspection/Cleaning/Seating Grout Truck Operator $11.48 1 Of Sewer Et Water Svstems By Remote Control King Inspection/Cleaning/Sealing Head Operator $24.91 1 Of Sewer it Water Svstems By Remote Control King Inspection/Cleaning/Sealing Technician $19.33 1 Of Sewer Et Water Svstems By Remote Control King Inspection/Cteaning/Sealing Tv Truck Operator $20.45 1 Of Sewer 8 Water Svstems By Remote Control King insulation Applicators Journey Level $55.51 5D 4C King Ironworkers Journeyman $65.53 7N 10 King Laborers Air, Gas Or Electric Vibrating $45.25 7A 31 Screed King Laborers Airtrac Drill Operator $46.66 7A 31 King Laborers Ballast Regular Machine $45.25 7A 31 King Laborers Batch Weigh man $38.361 7A 31 King Laborers Brick Pavers $45.25 7A 31 King Laborers Brush Cutter $45.25 7A 31 King Laborers Brush Hog Feeder $45.25 7A 31 King Laborers Burner $45.25 7A 31 King Laborers Caisson Worker $46.66 7A 31 King Laborers Carpenter Tender $45.25 7A 31 'King Laborers Caulker $45.25 7A 31 King Laborers Cement Dumper-paving $46.09 7A 31 King Laborers Cement Finisher Tender $45.25 7A 31 King Laborers Change House Or Dry Shack $45.25 7A 31 'King Laborers Chipping Gun (under 30 Lbs.) $45.25 7A 31 King Laborers Chipping Gun(30 Lbs. And $46.09 7A 31 Over) King Laborers Choker Setter $45.251 7A 31 King Laborers Chuck Tender $45.25 7A 31 °.King Laborers Clary Power Spreader $46.09 7A 31 ,King Laborers Clean-up Laborer $45.25 7A 31 'King Laborers Concrete Dumper/chute $46.09 7A 31 Operator King Laborers Concrete Form Stripper $45.25 7A 31 King Laborers Concrete Placement Crew $46.091 7A 31 King Laborers $46.09 7A 31 II h h�nc //Pn rhrecc rnro nnv/Ini/inr�nolnn Lien/n rr1A/on nlnn Lien Deny n11 /Inirz Page 4of17 Concrete Saw Operator/core Driller _ King Laborers Crusher Feeder "$383 7A 31 King Laborers Curing Laborer $45.25 7A 31 King Laborers Demolition: Wrecking Et $45.25 7A 31 Moving (incl. Charred Material) King Laborers Ditch Digger $45.25 7A 31 King Laborers Diver $46.66 7A 31 King Laborers Drill Operator $46.09 7A 31 (hydraulic,diamond) King Laborers Dry Stack Walls $45.25 7A 31 King Laborers Dump Person $45.25 7A 31 King Laborers Epoxy Technician $45.25 7A 31 King Laborers Erosion Control Worker $45.25 7A 31 King Laborers Faller £t Bucker Chain Saw $46.09 7A 31 King Laborers Fine Graders $45.25 7A 31 King Laborers Firewatch $38.36 7A 31 King Laborers Form Setter $45.25 7A 31 King Laborers Gabian Basket Builders $45.25 7A 31 King Laborers General Laborer $45.25 7A 31 King Laborers Grade Checker Et Transit $46.66 7A 31 Person King Laborers Grinders $45.251 7A 31 King Laborers Grout Machine Tender $45.25 7A 31 King Laborers Groutmen (pressure)including $46.09 7A 31 Post Tension Beams King Laborers Guardrail Erector $45.25 7A 31 King Laborers Hazardous Waste Worker $46.66 7A 31 (level A) King Laborers Hazardous Waste Worker $46.09 7A 31 (level B) King Laborers Hazardous Waste Worker $45.25 7A 31 (level C) King Laborers High Scaler $46.66 7A 31 King Laborers Jackhammer $46.09 7A 31 King Laborers Laserbeam Operator $46.09 7A 31 King Laborers Maintenance Person $45.25 7A 31 King Laborers Manhole Builder-mudman $46.091 7A 31 King Laborers Material Yard Person $45.25 7A 31 King Laborers Motorman-dinky Locomotive $46.09 7A 31 King Laborers Nozzleman (concrete Pump, $46.09 7A 31 Green Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bla 'King Laborers Pavement Breaker 1 $46.091 7A 31 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/19/2016 Page 5 of 17 King Laborers Pilot Car $38.36 7A 31 King Laborers Pipe Layer Lead $46.66 7A 31 King Laborers Pipe Layer/tailor $46.09 7A 31 King Laborers Pipe Pot Tender $46.09 7A 31 King Laborers Pipe Reliner $46.09 7A 31 _ King Laborers Pipe Wrapper $46.09 7A 31 King Laborers Pot Tender $45.25 7A 31 King Laborers Powderman $46.66 7A 31 King Laborers Powderman's Helper $45.25 7A 31 King Laborers Power Jacks $46.09 7A 31 King Laborers Railroad Spike Puller - Power $46.09 7A 31 King Laborers Raker - Asphalt $46.66 7A 31 1 King Laborers Re-timberman $46.66 7A 31 King Laborers Remote Equipment Operator $46.09 7A 31 King Laborers Rigger/signal Person $46.09 7A 31 King Laborers Rip Rap Person $45.25 7A 31 King Laborers Rivet Buster $46.09 7A 31 `King Laborers Rodder $46.09 7A 31 King Laborers Scaffold Erector $45.251 7A 31 King Laborers Scale Person $45.25 7A 31 King Laborers Sloper (over 20") $46.09 7A 31 ;King Laborers Sloper Sprayer $45.25 7A 31 King Laborers Spreader (concrete) $46.09 7A 31 King Laborers Stake Hopper $45.25 7A 31 King Laborers Stock Piler $45.25 7A 31 King Laborers Tamper 8 Similar Electric, Air $46.09 7A 31 tt Gas Operated Tools King Laborers Tamper (multiple 8 Self- $46.09 7A 31 propelled) King Laborers Timber Person - Sewer $46.09 7A 31 (lagger, Shorer Ft Cribber) King Laborers Toolroom Person (at Jobsite) $45.25 7A 31 King Laborers Topper $45.25 7A 31 ;King Laborers Track Laborer $45.25 7A 31 .King Laborers Track Liner (power) $46.09 7A 31 King Laborers Traffic Control Laborer $41.02 7A 31 8R .' King Laborers Traffic Control Supervisor $41.02 7A 31 8R r King Laborers Truck Spotter $45.25 7A 31 King Laborers Tugger Operator $46.09 7A 31 King Laborers Tunnel Work-Compressed Air $83.12 7A 31 8� Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $88.15 7A 31 49 Worker 30.01-44.00 psi 'King Laborers Tunnel Work-Compressed Air $91.83 7A 31 Worker 44.01-54.00 psi ;;King Laborers Tunnel Work-Compressed Air $97.53 7A 31 j Worker 54.01-60.00 psi . /.,,,,%A I,„v I., 1-, 0/in/I n 1 a Page 6 of 17 King Laborers Tunnel Work-Compressed Air $99.65 7A 31 Worker 60.01-64.00 psi ;King Laborers Tunnel Work-Compressed Air $104.75 7A 31 8� Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $106.65 7A 31 S Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $108.65 7A 31 Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $110.65 7A 31 Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $46.76 7A 31 8�C Tender King Laborers Tunnel Work-Miner $46.76 7A 31 8� King Laborers Vibrator $46.09 7A 31 King Laborers Vinyl Seamer $45.25 7A 31 iKing Laborers Watchman $34.86 7A 31 King Laborers Welder $46.091 7A 31 King Laborers Well Point Laborer $46.09 7A 31 King Laborers Window Washer/cleaner $34.86 7A 31 King Laborers - Underground Sewer General Laborer Ft Topman $45.25 7A 31 Et Water King Laborers - Underground Sewer Pipe Layer $46.09 7A 31 & 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 $55.51 5D 1H King Marble Setters Journey Level $54.32 5A 1M ,King Metal Fabrication (In Shop) Fitter $15.86 1 King Meta! Fabrication (In Shop) Laborer $9.78 1 King Metal Fabrication (In Shop) Machine Operator $13,041 1 King Metal Fabrication (In Shop) Painter $11.10 1 King Metal Fabrication (In Shop) Welder $15.48 1 King Millwright Journey Level $57.01 5D 4C '.King Modular Buildings Cabinet Assembly $11.56 1 ,King Modular Buildings Electrician $11.56 1 `King Modular Buildings Equipment Maintenance $11.56 1 I. King Modular Buildings Plumber $11.56 1 King Modular Buildings Production_Worker $9.47 1 !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 $40.60 6Z 2B King PiEe Driver Journey Level $55.761 5D 4C King PEasterers Journey Level 1 $53.201 Z 1R https://fortress.wa.gov/Ini/wagelookup/l)rvWagelooku1D.aslDx 9/19/2016 Page 7 of 17 King Playground 8 Park Equipment Journey Level $9.47 1 Installers 'King Plumbers a Pipefitters Journey Level $75.06 6Z 1G King Power Equipment Operators Asphalt Plant Operators $58.69 7A 3C 8P King Power Equipment Operators Assistant Engineer $55.21 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $58.17 7A 3C 8P King Power Equipment Operators Batch Plant Operator, $58.17 7A 3C 8P Concrete King Power Equipment Operators Bobcat $55.21 7A 3C 8P :King Power Equipment Operators Brokk - Remote Demolition $55.21 7A 3C 8P Equipment King Power Equipment Operators Brooms $55.21 7A 3C 8P King Power Equipment Operators Bump Cutter $58.17 7A 3C 8P ".King Power Equipment Operators Cableways $58.69 7A 3C 8P King Power Equipment Operators Chipper $58.171 7A 3C 8P King Power Equipment Operators Compressor $55.21 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount $58.69 7A 3C 8P ,' With Boom Attachment Over 42 M King Power Equipment Operators Concrete Finish Machine -laser $55.21 7A 3C 8P Screed King Power Equipment Operators Concrete Pump - Mounted Or $57.72 7A 3C 8P Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators Concrete Pump: Truck Mount $58.17 7A 3C 8P With Boom Attachment Up To 42 m King Power Equipment Operators Conveyors $57.72 7A 3C 8P King Power Equipment Operators Cranes Friction: 200 tons and $60.47 7A 3C 8P over King Power Equipment Operators Cranes: 20 Tons Through 44 $58.17 7A 3C 8P Tons With Attachments King Power Equipment Operators Cranes: 100 Tons Through 199 $59.28 7A 3C 8P Tons, Or 150' Of Boom (Including Jib With Attachments) King Power Equipment Operators Cranes: 200 tons- 299 tons, or $59.88 7A 3C 8P 250' of boom including jib with attachments King Power Equipment Operators Cranes: 300 tons and over or $60.47 7A 3C 8P 300' of boom including jib with attachments °,King Power Equipment Operators Cranes: 45 Tons Through 99 $58.69 7A 3C 8P Tons, Under 150' Of Boom (including Jib With Attachments) f King Power Equipment Operators Cranes: A-frame - 10 Tons And $55.21 7A 3C 8P Under !King Power Equipment Operators Cranes: Friction cranes $59.88 7A 3C 8P through 199 tons King Power Equipment Operators $57.72 7A 3C 8P htl nc• //Fnrhrooc nro nnv/Ini/ e•�nnlnnlinn/nr•ilAlonnlnn Lien omnv Oil 01IM1G Page 8 of 17 Cranes: Through 19 Tons With Attachments A-f rame Over 10 Tons King Power Eauipment Operators Crusher $58.17 7A 3C 8P King Power E ui ment Operators Deck Engineer/deck Winches $58.17 7A 3C 8P (power) King Power Equipment Operators Derricks, On Building Work $58.69 7A 3C 8P King Power Equipment Operators Dozers D-9 Et Under $57.72 7A 3C SP King Power Equipment Operators Drill Oilers: Auger Type, Truck $57.72 7A 3C 8P Or Crane Mount King Power Equipment Operators Drilling Machine $59.28 7A 3C 8P King Power Equipment Operators Elevator And Man-lift: $55.21 7A 3C 8P Permanent And Shaft Type King Power Equipment Operators Finishing Machine, Bidwell $58.17 7A 3C 8P And Gamaco Et Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs An d Over $57.72 7A 3C 8P With Attachments King Power Equipment Operators Forklifts: Under 3000 Lbs. $55.21 7A 3C 8P With Attachments King Power Equipment Operators Grade Engineer: Using Blue $58.17 7A 3C 8P Prints, Cut Sheets, Etc King Power Equipment Operators Gradechecker/stakeman $55.21 7A 3C 8P 'King Power Equipment Operators Guardrail Punch $58.17 7A 3C 8P King Power Equipment Operators Hard Tail End Dump $58.69 7A 3C 8P Articulating Off- Road Equipment 45 Yards. & Over King Power Equipment Operators Hard Tail End Dump $58.17 7A 3C 8P Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators Horizontal/directional Drill $57.72 7A 3C 8P Locator King Power Equipment Operators Horizontal/directional Drill $58.17 7A 3C 8P Operator King Power Equipment Operators HydraLifts/boom Trucks Over $57.72 7A 3C 8P 10 Tons King Power Equipment Operators HydraLifts/boom Trucks, 10 $55.21 7A 3C 8P Tons And Under I King Power Equipment Operators Loader, Overhead 8 Yards. Et $59.28 7A 3C 8P Over I King Power Loader, Overhead, 6 Yards. $58.69 7A 3C 8P But Not Including 8 Yards King Power Equipment Operators Loaders, Overhead Under 6 $58.17 7A 3C 8P Yards King Power Equipment O eratars Loaders, Plant Feed $58.17 7A 3_c LP King Power Equipment Operators Loaders: Elevating Type Belt $57.72 7A 3C 8P ii King Power Equipment Operators Locomotives, All $58.17 7A 3C 8P King Power Eguipment Operators Material Transfer Device $58.17 7A 3C 8P King Power Eauipment Operators $59.28 7A 3C 8P https://fortress.wa.qov/lni/waqelookup/prvWaqelookur).asr)x 9/19/2016 Page 9 of 17 Mechanics, All (leadmen - $0:50 Per Hour Over Mechanic) King Power Equipment Operators Motor Patrol Graders $58.69 7A 3C 8P King Power Equipment Operators Mucking Machine, Mole, $58.69 7A 3C 8P Tunnel Drill, Boring, Road Header And/or Shield j King Power Equipment Operators Oil Distributors, Blower $55.21 7A 3C 8P Distribution & Mulch Seeding Operator King Power Equipment Operators Outside Hoists (elevators And $57.72 7A 3C 8Pi Manlifts), Air Tuggers,strato King Power Equipment Operators Overhead, Bridge Type Crane: $58.17 7A 3C 8P 20 Tons Through 44 Tons King Power Equipment Operators Overhead, Bridge Type: 100 $59.28 7A 3C 8P Tons And Over King Power Equipment Operators Overhead, Bridge Type: 45 $58.69 7A 3C 813 +. Tons Through 99 Tons King Power Equipment Operators Pavement Breaker $55.21 7A 3C 8P King Power Equipment Operators Pile Driver (other Than Crane $58.17 7A 3C 8P Mount) King Power Equipment Operators Plant Oiler - Asphalt, Crusher $57.72 7A 3C 8P ,King Power Equipment Operators Posthole Digger, Mechanical $55.21 7A 3C 8P King Power Equipment Operators Power Plant $55.21 7A 3C 8P King Power Equipment Operators Pumps - Water $55.21 7A 3C 81) King Power Equipment Operators Quad 9, Hd 41, D10 And Over $58.691 7A 3C 8P King Power Equipment Operators Quick Tower - No Cab, Under $55.21 7A 3C 8P 100 Feet In Height Based To Boom King Power Equipment Operators Remote Control Operator On $58.69 7A 3C 8P Rubber Tired Earth Moving Equipment f King Power Equipment Operators Rigger And Bellman $55.21 7A 3C 8P •' -.:King Power Equipment Operators Rigger/Signal Person, Bellman $57.72 7A 3C 813 (Certified) King Power Equipment Operators Rollagon $58.69 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $55.21 7A 3C 8P § King Power Equipment Operators Roller, Plant Mix Or Multi-lift $57.72 7A 3C 8P Materials 'King Power Equipment Operators Roto-mill, Roto-grinder $58.17 7A 3C 8P ::King Power Equipment Operators Saws - Concrete $57.72 7A 3C 8P King Power Equipment Operators Scraper, Self Propelled Under $58.17 7A 3C 8P 45 Yards King Power Equipment Operators Scrapers - Concrete 8 Carry $57.72 7A 3C 8P All King Power Equipment Operators Scrapers, Self-propelled: 45 $58.69 7A 3C 8P Yards And Over King Power Equipment Operators Service Engineers - Equipment $57.72 7A 3C 8P King Power Equipment Operators Shotcrete/gunite Equipment $55.21 7A i 7C i 8P King Power Equipment Operators $57.72 7A 3C 8P Page 10 of 17 Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. King Power Equipment Operators Shovel, Excavator, Backhoe: $58.69 7A 3C 8P +' Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes, $58.17 7A 3C 8P Tractors: 15 To 30 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $59.28 7A 3C 8P Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $59.88 7A 3C ' 8P Over 90 Metric Tons King Power Equipment Operators Slipform Pavers $58.69 7A 3C 8P King Power Equipment Operators Spreader, Topsider Ft $58.69 7A 3C 8P Screedman King Power Equipment Operators Subgrader Trimmer $58.17 7A 3C 8P King Power Equipment Operators Tower Bucket Elevators $57.72 7A 3C 8P '- King Power Equipment Operators Tower Crane Up To 175' In $59.28 7A 3C 8P Height Base To Boom King Power Equpment Operators Tower Crane: over 175' $59.88 7A 3C 8P through 250' in height, base to boom King Power Equipment Operators Tower Cranes: over 250' in $60.47 7A 3C 8P height from base to boom King Power Equipment Operators Transporters, All Track Or $58.69 7A 3C 8P Truck Type King Power Equipment Operators Trenching Machines $57.72 7A 3C 8P King Power Equipment Operators Truck Crane Oiler/driver - 100 $58.17 7A 3C 8P Tons And Over King Power Equipment Operators Truck Crane Oiler/driver $57.72 7A 3C 8P Under 100 Tons King Power Equipment Operators Truck Mount Portable $58.17� 7A 3C 8P Conveyor King Power Equipment Operators Weider _ ( $58.69 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farman Type $55.21 7A 3C 8P King Power Equipment Operators Yo Yo Pay Dozer $58.17 7A 3C 8P King Power Equipment Operators- Asphalt Plant Operators $58.69 7A 3C 8P Underground Sewer Ft Water King Power Equipment Operators- Assistant Engineer $55.21 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Barrier Machine (zipper) $58.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Batch Plant Operator, $58.17 7A 3C 8P Underground Sewer It Water Concrete King Power Equipment Operators- Bobcat $55.21 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Brokk - Remote Demolition $55.21 7A 3C 8P Underground Sewer a Water Equipment King Power Equipment Operators- Brooms $55.21 7A 3C 8P Underground Sewer Et Water httr)s://fortress.wa.qov/Ini/wacielookui)/i)rvWaaelookuD.asi)x 9/19/2016 Page 11 of 17 King Power Equipment Operators- Bump Cutter $58.17 7A 3C 81 Underground Sewer Et Water King Power Equipment Operators- Cableways $58.69 7A 3C 8P Underground Sewer & Water :King Power Equipment Operators- Chipper $58.17 7A 3C 8P Underground Sewer a Water 'King Power Equipment Operators- Compressor $55.21 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Concrete Pump: Truck Mount $58.69 7A 3C 8P Underground Sewer a Water With Boom Attachment Over 42 M ;King Power Equipment Operators- Concrete Finish Machine -laser $55.21 7A 3C 8P Underground Sewer & Water Screed King Power Equipment Operators- Concrete Pump - Mounted Or $57.72 7A 3C 8P Underground Sewer a Water Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators- Concrete Pump: Truck Mount $58.17 7A 3C 8P Underground Sewer & Water With Boom Attachment Up To 42m LKing Power Equipment Operators- Conveyors $57.72 7A 3C 8P PI Underground Sewer &Water King Power Equipment Operators- Cranes Friction: 200 tons and $60.47 7A 3C 8P Underground Sewer & Water over King Power Equipment Operators- Cranes: 20 Tons Through 44 $58.17 7A 3C 8P Underground Sewer a Water Tons With Attachments King Power Equipment Operators- Cranes: 100 Tons Through 199 $59.28 7A 3C 8P Underground Sewer a Water Tons, Or 150' Of Boom (Including Jib With Attachments) King Power Equipment Operators- Cranes: 200 tons- 299 tons, or $59.88 7A 3C 8P 1 Underground Sewer & Water 250' of boom including jib with attachments King Power Equipment Operators- Cranes: 300 tons and over or $60.47 7A 3C 8P Underground Sewer Et Water 300' of boom including jib with attachments =King Power Equipment Operators- Cranes: 45 Tons Through 99 $58.69 7A 3C 8P Underground Sewer & Water Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: A-frame - 10 Tons And $55.21 7A 3C 8P Underground Sewer & Water Under King Power Equipment Operators- Cranes: Friction cranes $59.88 7A 3C 8P Underground Sewer &Water through 199 tons 'King Power Equipment Operators- Cranes: Through 19 Tons With $57.72 7A 3C 8P Underground Sewer &Water Attachments A-frame Over 10 Tons ',King Power Equipment Operators- Crusher $58.17 7A 3C 8P i Underground Sewer a Water 'King Power Equipment Operators- Deck Engineer/deck Winches $58.17 7A 3C 8P Underground Sewer a Water (power) King Power Equipment Operators- Derricks, On Building Work $58.69 7A 3C 8P Underground Sewer a Water Page 12 of 17 King Power Equipment Operators- Dozers D-9 It Under 1 $57.72 7A Kc 8P Underground Sewer 8: Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck $57.72 7A X 8P Underground Sewer Et Water Or Crane Mount , King Power Equipment Operators- Drilling Machine $59.28 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Elevator And Man-Lift: $55.21 7A 3C 8P Underground Sewer [t Water Permanent And Shaft Type King Power Equipment Operators- Finishing Machine, Bidwell $58.17 7A 3C 8P Underground Sewer a Water And Gamaco Et Similar Equipment I King Power Equipment Operators- Forklift: 3000 Lbs And Over $57.72 7A 3C8P Underground Sewer Et Water With Attachments King Power Equipment Operators- Forklifts: Under 3000 Lbs. $55.21 7A X 8P Underground Sewer Et Water With Attachments King Power Equipment Operators- Grade Engineer: Using Blue $58.17 7A 3C 8P Underground Sewer Et Water Prints, Cut Sheets, Etc King Power Equipment Operators- Gradechecker/stakeman $55.21 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators-, Guardrail Punch $58.17 7A 3C 8P Underground Sewer 8: Water King Power Equipment Operators- Hard Tait End Dump $58.69 7A 3C 8P Underground Sewer a Water Articulating Off- Road Equipment 45 Yards. Et Over King Power Equipment Operators- Hard Tait End Dump $58.17 7A X 8P Underground Sewer Et Water Articulating Off-road Equipment Under 45 Yards King Horizontal/directional Drill $57.72 7A 3C 8P Underground Sewer Et Water Locator King Power Equipment Operators- Horizontat/directiona[ Drill $58.17 7A 3C SP Underground Sewer ft Water Operator King Power Equipment Operators-, Hydra[ifts/boom Trucks Over $57.72 7A 3C 8P Underground Sewer Et Water 10 Tons King Power Equipment Operators- Hydralifts/boorn Trucks, 10 $55.21 7A 3C 8P Underground Sewer Ct Water Tons And Under King Power Equipment Operators- Loader, Overhead 8 Yards. Et $59.28 7A 3C 8P Underground Sewer 5: Water Over King Power Equipment Operators- Loader, Overhead, 6 Yards. $58.69 7A 3C 8P Underground Sewer Et Water But Not Including 8 Yards King Power Equipment Operators- Loaders, Overhead Under 6 $58.17 7A 3C 8P Underground Sewer Et Water Yards King RgIAer Equipment Operators- Loaders, Plant Feed $58.17 7A 3C 8P Underground Sewer a Water King, Power Equipment Operators- Loaders: Elevating Type Belt $57.72 7A 3C 8P Underground Sewer &Water King Power Equipment Operators- Locomotives, All $58.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Material Transfer Device $58.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mechanics, All (leadmen - $59.28 7A 3C 8P Underground Sewer ft Water $0.50 Per Hour Over Mechanic) htti)s://fortress.wa.qov/1ni/waqelookuD/orvWacielookut).asE)x 9/19/2016 Page 13 of 17 King Power Equipment Operators- Motor Patrol Graders $58.69 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Mucking Machine, Mole, $58.69 7A 3C 8P Underground Sewer a Water Tunnel Drill, Boring, Road Header And/or Shield King Power Equipment Operators- Oil Distributors, Blower $55.21 7A 3C 8P Underground Sewer Fs Water Distribution a Mulch Seeding Operator IKing Power Equipment Operators- Outside Hoists (elevators And $57.72 7A 3C 8P Ii Underground Sewer a Water Manlifts), Air Tuggers,strato King Power Equipment Operators- Overhead, Bridge Type Crane: $58.17 7A 3C 8P Underground Sewer Et Wafter 20 Tons Through 44 Tons King Power Equipment Operators- Overhead, Bridge Type: 100 $59.28 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Overhead, Bridge Type: 45 $58.69 7A 3C 8P l Underground Sewer a Water Tons Through 99 Tons King Power Equipment Operators- Pavement Breaker $55.21 7A 3C 8P I! Underground Sewer a Water King Power Equipment Operators- Pile Driver (other Than Crane $58.17 7A 3C 8P Underground Sewer Et Water Mount) King Power Equipment Operators- Plant Oiler - Asphalt, Crusher $57.72 7A 3C 8P Underground Sewer Ft Water King Power Equipment Operators- Posthole Digger, Mechanical $55.21 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Power Plant $55.21 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Pumps - Water $55.21 7A 3C 8P Underground Sewer Et Water .King Power Equipment Operators- Quad 9, Hd 41, DI And Over $58.69 7A 3C 8P Underground Sewer a Water :King Power Equipment Operators- Quick Tower - No Cab, Under $55.21 7A 3C 8P Underground Sewer Ft Water 100 Feet In Height Based To Boom King Power Equipment Operators- Remote Control Operator On $58.69 7A 3C 8P Underground Sewer Ft Water Rubber Tired Earth Moving Equipment King Power Equipment Operators- Rigger And Beltman $55.21 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Rigger/Signal Person, Betlman $57.72 7A 3C 8P Underground Sewer & Water (Certified) King Power Equipment Operators- Rollagon $58.69 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Roller, Other Than Plant Mix $55.21 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Roller, Plant Mix Or Multi-lift $57.72 7A 3C 8P Underground Sewer a Water Materials King Power Equipment Operators- Roto-mill, Roto-grinder $58.17 7A 3C 8P Underground Sewer Et Water ;King Power Equipment Operators- Saws - Concrete $57.72 7A 3C 8P Underground Sewer a Water King $58.17 7A 3C 8P AA/ /�nIc Page 14 of 17 Power Equipment Operators- iScraper, Self Propelled Under Underground Sewer a Water 45 Yards King Power Equipment Operators- Scrapers - Concrete Et Carry $57.72 7A 3C 8P Underground Sewer & Water All King Power Equipment Operators- Scrapers, Self-propelled: 45 $58.69 7A 3C 8P Underground Sewer & Water Yards And Over King Service Engineers - Equipment $57.72 7A 3C 8P Underground Sewer a Water King E21ver E ui meat O erators- Shotcrete/gunite Equipment $55.21 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel , Excavator, Backhoe, $57.72 7A 3C 8P Underground Sewer 6: Water Tractors Under 15 Metric Tons. King Power Equipment Operators- Shovel, Excavator, Backhoe: $58.69 7A 3C 8P Underground Sewer Ft Water Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes, $58.17 7A 3C 8P Underground Sewer a: Water Tractors: 15 To 30 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $59.28 7A 3C 8P Underground Sewer 8: Water Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $59.88 7A 3C 8P Underground Sewer a Water Over 90 Metric Tons King Power Equipment Operators- Stipform Pavers $58.69 7A 3C 8P Underground Sewer Et Water King Power Eauipment Operators- Spreader, Topsider 8: $58.69 7A 3C 8P Underground Sewer E Water Screedman King Power Equipment Operators- Subgrader Trimmer $58.17 7A 3C 8P Underground Sewer 8: Water King Power Equipment Operators- Tower Bucket Elevators $57.72 7A X 8P Underground Sewer Et Water King Power EouiDment Operators- Tower Crane Up To 175' In $59.28 7A 3C 8P Underground Sewer Et Water Height Base To Boom King Power Equipment Operators- Tower Crane: over 175' $59.88 7A 2c- LP Underground Sewer Et Water through 250' in height, base to boom King Power Equipment Operators- Tower Cranes: over 250' in $60.47 7A 3C 8P Underground Sewer Bt Water height from base to boom King Power Equipment Operators- Transporters, All Track Or $58.69 7A 3C 8P Underground Sewer & Water Truck Type King Power Equipment Operators- Trenching Machines $57.72 7A X 8P Underground Sewer Et Water King Truck Crane Oiler/driver - 100 $58.17 7A X 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Truck Crane Oiler/driver $57.72 7A 3C 8P Underground Sewer a Water Under 100 Tons King Power Equipment Operators- Truck Mount Portable $58.17 7A 3C 8P Underground Sewer Et Water Conveyor King Power Equipment Operators- Welder $58.69 7A 1C 8P Underground Sewer Et Water I King Power Equipment Operators- Wheel Tractors, Farmatt Type $55.21 7A 3C 8P Underground Sewer a Water I htti)s://fortress.wa.qov/1ni/waqelookur)/i)rvWaqelookur).asi)x 9/19/2016 Page 15 of 17 King Power Equipment Operators- Yo Yo Pay Dozer $58.17 7A 3C 8P Underground Sewer Et Water 'King Power Line Clearance Tree Journey Level In Charge $47.08 5A 4A Trimmers 'King Power Line Clearance Tree Spray Person $44.64 5A 4A Trimmers King Power Line Clearance Tree Tree Equipment Operator $47.08 5A 4A Trimmers 'King Power Line Clearance Tree Tree Trimmer $42.01 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer Groundperson $31.65 5A 4A Trimmers King Refrigeration Et Air Journey Level $74.66 6Z 1G Conditioning Mechanics King Residential Brick Mason Journey Level $54.32 5A 1M King Residential Carpenters Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.641 1 King Residential Drywall Journey Level $41.69 5D 4C Applicators King Residential Drywall Tapers Journey Level $55.66 5P 1 E King Residential Electricians Journey Level $30.44 1 King Residential Glaziers Journey Level $38.40 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 $24.091 1 King Residential Painters Journey Level $24.461 1 King Residential Plumbers Et Journey Level $34.69 1 Pipefitters =King Residential Refrigeration & Air Journey Level $74.66 6Z 1G Conditioning Mechanics King Residential Sheet Metal Journey Level (Field or Shop) $45.99 7F 1 R Workers "King Residential Soft Floor Lavers Journey Level $45.86 5A 3D King Residential Sprinkler Fitters Journey Level $42.73 5C 2R (Fire Protection) King Residential Stone Masons Journey Level $54.32 5A 1M King Residential Terrazzo Workers Journey Level $48.86 5A 1M King Residential Terrazzo/Tile Journey Level $21.46 1 Finishers King Residential Tile Setters Journey Level $25.17 1 King Roofers Journey Level $46.46 5A 3H King Roofers Using Irritable Bituminous $49.46 5A 3H Materials King Sheet Metal Workers Journey Level (Field or Shop) $75.46 7F 1E King Shipbuilding Et Ship Repair Boilermaker $41.72 7M 1H King Shipbuilding Et Ship Repair Carpenter $41.061 7T 2B King Shipbuilding Et Ship Repair Electrician $41.09 7T 4B A A /in/manic ''. Page 16 of 17 King Shipbuilding Et Sh Repair Heat Et Frost Insulator $65.43 5J 1S King Shipbuilding Et Ship Repair Laborer $41.08 7T 4B "King Shipbuilding & Ship Repair Machinist $41.32 7T 4B King Shipbuilding Et Ship Repair Operator $41.03 7T 4B King Shipbuilding Et Ship Repair Painter $41.05 7T 4B King Shipbuilding Ft Ship Repair Pipefitter $41.05 7T 4B King Shipbuilding Fs Ship Repair Rigger $41.12 7T 4B King Shipbuilding ig Ship Repair Sheet Metal $41.04 7T 4B !King Shipbuilding a Ship Repair Shipfitter $41.12 7T 4B King Shipbuilding Ft Ship Repair Trucker $41.01 7T 4B King Shipbuilding Et Ship Repair Warehouse $41.02 7T 4B King Shipbuildingli Ship Repair Welder/Burner $41.12 7T 4B 'King Sign Makers a installers Sign Installer $22.92 1 Electrical King Sign Makers Et Installers Sign Maker $21.36 1 (Electrical) King Sign Makers Et Installers (Non- Sign Installer $27.28 1 Electrical ':King Sign Makers Ft Installers (Non- Sign Maker $33.25 1 Electrical King Soft Floor Lavers Journey Level $45.86 5A 3D King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Journey Level $72.49 5C 1X Protection) King Stage Rigging Mechanics (Non Journey Level $13.23 1 5tructurall King Stone Masons Journey Level $54.321 5A 1M King Street And Parking Lot Journey Level $19.09 1 Sweeper Workers King Surv�= Assistant Construction Site $57.72 7A 3C 8P Surveyor King Surveyors Chainman $57.17 7A 3C BP King Surveyors Construction Site Surveyor $58.69 7A 3C BP King Telecommunication Journey Level $22.76 1 Technicians King Telephone Line Construction - Cable Splicer $37.60 5A 2B Outside King Telephone Line Construction - Hole Digger/Ground Person $20.79 5A 2B Outside King Telephone Line Construction - Installer (Repairer) $36.02 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer 1 $37.60 5A 2B Outside King Telephone Line Construction - Special Apparatus Installer11 $36.82 5A 2B Outside King Telephone Line Construction - Telephone Equipment $37.60 5A 2B Outside Operator (Heavy) King Telephone Line Construction - Telephone Equipment $34.94 5A 2B Outside Operator (Light) htti)s://fortress.Wa.qov/Ini/wagelookui)/i)rvWacielookui).asi)x 9/19/2016 Page 17 of 17 King ITetephone Line Construction - Telephone Lineperson $34.93 5A 2B j Outside King Telephone Line Construction - Television Groundperson $19.73 5A 2B Outside King Telephone Line Construction - Television $26.31 5A 2B Outside Lineperson/Installer 'King Telephone Line Construction - Television System Technician $31.50 5A 2B Outside King Telephone Line Construction - Television Technician $28.23 5A 2B Outside King Telephone Line Construction - Tree Trimmer $34.93 5A 2B Outside King Terrazzo Workers Journey Level $48.86 5A 1M King Tile Setters Journey Level $21.65 1 King Tile Marble It Terrazzo Finisher $39.69 5A 1 B Finishers King Traffic Control Stripers Journey Level $44.351 7A I King Truck Drivers Asphalt Mix Over 16 Yards (W. $51.25 5D 3A 8L WA-Joint Council 28) King Truck Drivers Asphalt Mix To 16 Yards (W. $50.41 5D 3A 8L '! WA-Joint Council 28) King Truck Drivers Dump Truck 9 Trailer $51.25 5D 3A 8L King Truck Drivers Dump Truck (W. WA-Joint $50.41 5D 3A 8L -' Council 28) ;King Truck Drivers Other Trucks (W. WA-Joint $51.25 5D 3A 8L Council 28) King Truck Drivers Transit Mixer $43.23 1 King Well Drillers Ft Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers tr Irrigation Pump Oiler $12.97 1 Installers King Well Drillers @ Irrigation Pump Well Driller $18.00 1 Installers i Benefit Code Key—Effective 8/31/2016 thru 3/2/2017 Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker. On public works projects,the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker. 1. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE- B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two (2)hours after eight(8)regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two (2)hours before or after a five-eight(8) hour workweek day or a four-ten(10)hour workweek day and the first eight(8)hours worked the next day after either workweek shall be paid at one and one-half times the hourly .rate of wage_ All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2)hours after eight(8) regular hours Monday through Friday and the first ten (1O hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked,except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four-ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten(10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 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 hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. NT. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1 Benefit Code Key—Effective 8/31/2016 thru 3/2/2017 Overtime Codes Continued 1. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays,holidays and after twelve(12)hours,Monday through Friday and after ten (10)hours on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) !, hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday,Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All homy worked outside the hours of 5:00 am and 5:00 pun (or such other hours as may be agreed upon by any employer and the employee)and all hours worked in excess of eight(8)hours per day(10 hours per day for a 4 x 10 workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one-half Limes the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek) or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage.All '.... hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. 2 Benefit Code Key— Effective 8/31/2016 thru 3/2/2017 Overtime Codes Continued 2. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight (8) hours on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty (60)in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage.All hours worked over 1.2 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two(2) hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday,. and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hoar weekly schedule, either Monday them Thursday or Tuesday tbru Friday schedule,all hours worked after ten shall be paid at double the hourly rate of wage. The first eight(8)hours worked on the fifth day shall be paid at one and one-half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on holidays shall be paid at double the hourly rate of wage. 3. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES TILE HOURLY RATE OF WAGE. A. Work performed in excess of eight(8)hours of straight time per day, or ten(10)hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar(S1.00) 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. C. Work performed in excess of eight (8)hours of straight time per day, or ten (10)hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at one and one-half tithes the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage. After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more- 3 i Benefit Code Key—Effective 8/31/2016 thru 3/2/2017 Overtime Codes Continued 3. D. All hours worked between the hours of 6:00 pm and 6:00 am,Monday through Saturday, shall be paid at a premium rate of 15% over the hourly rate of wage. All other hours worked after 6:00 am on Saturdays, shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage.Each week, once 40 hours of straight time work is achieved,then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. F. All hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at two (2) times the regular rate of pay. Work performed on Sundays between October 15th and March 15th shall be compensated at one and one half(1-1/2)times the regular rate of pay. I. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage.In the event the job is down due to weather conditions during a five day work week(Monday through Friday,) or a four day-ten hour work week(Tuesday through Friday,) then Saturday may be worked as a voluntary make-up day at the straight time rate. However, Saturday shall not be utilized as a make-tap 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 he 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. C. On Monday through Friday, the first four (4) hours of overtime after eight(8)hours of straight time work shall be paid at one and one half(1-1/2)times the straight time rate of pay,unless a four(4) day ten(10)hour workweek has been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday, the first two (2)hours of overtime after ten(10)hours of straight time work shall be paid at one and one half(1-1/2) times the straight time rate of pay. On Saturday,the first twelve (12) hours of work shall be paid at one and one half(1-1/2) times the straight time rate of pay, except that if the job is down on Monday through Friday '. due to weather conditions or other conditions outside the control of the employer, the first ten (10) hours on Saturday may be worked at the straight time rate of pay. All hours worked over twelve (12) hours in a day and all hours worked on Sunday and Holidays shall be paid at two(2)times the straight time rate of pay. 4 Benefit Code Key—Effective 8/31/2016 thru 3/2/2017 Overtime Codes Continued 4. D. 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 Saturday, Sundays and holidays shall be paid at double the hourly rate of pay. Rates include all members of the assigned crew. EXCEPTION: On all multipole structures and steel transmission lines, switching stations,regulating, capacitor stations, generating plants,industrial plants, associated installations and substations,except those substations whose primary function is to feed a distribution system,will be paid overtime under the following rates: The first two (2)hours after eight(8)regular hours Monday through Friday of overtime on a regular workday, shall be paid at one and one-half times the hourly rate of wage. All hours in excess of ten (10) hours will be at two (2) times the hourly rate of wage. The first eight(8) hours worked on Saturday will be paid at one and one-half(1-ll2) times the hourly rate of wage. All hours worked in excess of eight (8) hours on Saturday, and all hours worked on Sundays and holidays will be at the double the hourly rate of wage. All overtime eligible hours performed on the above described work that is energized, shall be paid at the double the hourly rate of wage. E. The first two (2)hours after eight(8)regular hours Monday through Friday and the first eight(8)boors on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thm Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The Monday or Friday not utilized in the normal four-day,ten hour work week, and Saturday shall be paid at one and one half(1 1h) Limes the regular shift rate for the first eight (8) hours. 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. All hours worked between the hours of 6:00 pm and 6:00 am,Monday through Saturday, shall be paid at a premium rate of 20% over the hourly rate of wage. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all horns worked on Sundays and holidays shall be paid at double the hourly rate of wage. Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day(7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas,and Christmas Day(8). C. Holidays: Now Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8)- if. Holidays:New Year's Day, Memorial Day, Independence Day,Thanksgiving Day, the Day after Thanksgiving Day, And Christmas (6). 5 1 Benefit Code Key—Effective 8/31/2016 thru 3/2/2017 Holidav Codes Continued 5. L Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). J. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day,And Christmas Day(7). K. Iolidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day,The Day Before Christmas,And Christmas Day(9). L. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,And Christmas Day(8). 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) Z. Holidays: New Year's Day, Memorial. Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8), 6. A. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,the Friday after Thanksgiving Day,And Christmas Day(8). E. Paid Holidays: New Years Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and a Half-Day On Christmas Eve Day. (9 1/2). G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Christmas Eve Day(11). H. Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday(10). I. Paid Holidays: New Year's Day,Memorial Day,Independence Day,Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day(7). 6 Benefit Code I(ey—Effective 8/31/2016 thru 3/2/2017 Holiday Codes Continued 6. T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day(9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. 7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8), Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 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 Iolidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6)_ Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day(9).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I. Holidays: New Year's Day,President's Day,Independence Day,Memorial Day, Labor Day, Thanksgiving Day,The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 7 Benefit Code Key— Effective 8/31/2016 thru 3/2/2017 Holiday Codes Continued 7. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day,And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day,And the Day after or before Christmas Day (10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday. 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 fisted 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. - Note Codes 8. A. In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more: Over 50' To 100'-$2.00 per Foot for Each Foot Over 50 Feet Over 100'To 150'-$3.00 per Foot for Each Foot Over 100 Feet Over 150'To 220'-$4.00 per Foot for Each Foot Over 150 Feet Over 220'-$5.00 per Foot for Each Foot Over 220 Feet j 8 Benefit Code Key—Effective 8/31/2016 thru 3/2/2017 Note Codes Continued 8. C. In addition to the hourly wage and fringe benefits, the following depth premums apply to depths of fifty feet or more: Over 50' To 100'-$1.00 per Foot for Each Foot Over 50 Feet Over 100'To 150'-$1.50 per Foot for Each Foot Over 100 Feet Over 150'To 200'-$2.00 per Foot for Each Foot Over 150 Feet Over 200'-Divers May Name Their Own Price D. Workers working with supplied air on hazmat projects receive an additional$1.00 per hour. L_ Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C: 50.25. M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C &D: S0.50. N. Workers on hazmat projects receive additional hourly premiums as follows-Level A: $1.00,Level B:$0.75,Level C: $0.50,And Level D: $0.25. P. Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit: $2.00, Class B Suit: $1.50,Class C Suit: $1.00,And Class D Suit$0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid- R. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall he posted where shown on approved Traffic Control Plans or where directed by the Engineer. All Flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho.These classifications are only effective on or after August 31,2012. S. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where 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. U. Workers on hazmat projects receive additional hourly premiums as follows — Class A Suit: $2.00, Class B Suit: $1.50, And Class C Suit: $1.00.Workers performing underground work receive an additional$0.40 per hour for any and all work performed underground, including operating, servicing and repairing of equipment. The premium for underground work shall be paid for the entire shift worked. Workers who work suspended by a rope or cable receive an additional. $0.50 per hour. The premium for work suspended shall be paid for the entire shift worked. Workers who do "pioneer" work (break open a cut, build road, etc.) more than one hundred fifty (150) feet above grade elevation receive an additional$0.50 per hour. 9 REQUEST FOR MAYOR'SSIGNATURE ppO� a® ate ® q t Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPAFL�' MENT/ a� Approved by Dire `o+�' Originator: Ken Langholz Phone (Originator): 5516 Date Sent: , , 3ar'' f Date Required: it Return Signed Document to: Nancy Yoshitake Contract Termination Date;"50 working days VENDOR NAME: Date finance Notified: Watershed Environmental Solutions (Only required on contracts 10/18/16 10 000 and over or on any Grant DATE OF COUNCIL APPROVAL Date Risk Manager Notified:N/A 10/18/16 (Required on Non Cit Standard Contracts/Agreements) Has this Document been Sped icall Account Number: D20083 Authorized In the Bud et? + YES NO Brief Explanation of Document: The attached construction agreement with Watershed Environmental Solutions Is for the Briscoe-Deslmone Levee Improvements - Reach 1 Mitigation Planting project. The project consists of installing planting and maintaining 200 native trees and<5,000 shrubs along the Green River. , All Contracts Must Be Routed Through The Law Department Eh t be completed by the Law Department') I Received: Approval of Law Dept.i.- aw_Dept. Comments: l NUN I LAIN Et Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments; ;j�sj s,--, Y Disposition: Date Returned; a�crvmro msioo �i noess oo ani a i vm piawe, o _ o ' KE�T Agenda Item: Bids - 9A wns HiNc.ou TO: City Council DATE: October 18, 2016 SUBJECT: Briscoe-Desimone Levee Improvements Reach 1 River Mile 14.75 to 14.96 Mitigation Planting - Award MOTION: Award the Briscoe-Desimone Levee Improvements Reach 1 River Mile 14.75 to 14.96 Mitigation Planting Project to Watershed Environmental Solutions in the amount of $240,457.34 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: This project is part of the Briscoe-Desimone Levee improvements and consists of planting and maintaining 300 native trees and 5,000 shrubs along the Green River upstream of Reach 1 within Tukwila city limits. The project includes spreading 3" of arborist chip mulch along the river bank and securing the chips with coir fabric. Maintenance of plantings is also included which consists of weeding and watering for 3-years after installation to ensure plant survival. Kent has an interlocal agreement with Tukwila for work within Tukwila city limits. The Engineer's estimate for this project is $298,579.13. EXHIBITS: Memo dated October 12, 2016 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: The City of Kent has an interlocal agreement with the King County Flood Control District (FCD) for design and construction of Briscoe-Desimone Levee improvements. The agreement includes $18 million of funding from the Washington State Dept. of Ecology and the FCD. This project is included in the $18 million.