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PW17-367 - Original - Maroni Construction, Inc. - Habitat Conservation Measure 6 - 06/23/2017
®�y-�j�� i��r Uc INN, �4../ rds M �I i ill ,,. r i G SCENT Document✓i/%��j;,v 'WASH nN'67�[}N �, // � /�� CONTRACT COVER SKEET 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: Maroni Construction Vendor Number: lQ Edwards Number Contract Number: MIT 3 This is assigned by City Clerk's office Project Name: Habitat Conservation Measure 6 Description: 0 Interlocal Agreement E3 Change order ❑ Amendment E Contract ❑ tither: Contract Effective mate: Gate of the Mayor's signature Termination Date: 30wvckingdays Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Richard Schleicher Department: Engineering Contract Amount: $96,649.30 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): The project consists of supplying, placing and anchoring approximately twenty (20) logs with-rootwads fn ock-free ' within th Fe City of bent's Clark Springs Water Treatment rt Facility. 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" // /i// /�� ;�iiiiiiii�/ „ // / „ %i ,rrrr / /// ,%/i///%/% r� ///,, / // /////// %/// /;,�/ ri /// /// //;', i rrrr/ / r r ///i ir/ /i/%�///r/i// r ,oc rr//„ ,„ ;;i�/iii// uir/%//,// ,,,,,,%/ /�///// /,,,,,-- " /// ;;, ;r rrrr/ // ,,/i r// //� //�i///e/� r rrrr/// �i� / / rrrr/%/��//ii/ r //� %/ rrrr/////////r' r „/r� /rrr //i/ r%i //! r v r// / / ////' /,,,,,, //////// r / „i/„ „i // v///////// / //%rii/ /// , , /i/��/ ///,. j //, ,,/ %////rrr/r/,,G //%/// //////// /// //r/i/ / �� 'r /,„i/" //rrrr//' //i// i % ,// /%/ rrr /// r/„/// „/// // �/ //// / �... i///// / /i/ /// // �� /// / rrrr/// /r ;,,,, ., //i�rrrr // // / /% D r /// g ��//i//' r /%/ ///% / /r T�? ht r //rrr r rrrr /`:v/ %%rrrr/%// fail//' / // i///i/iii,- /// // ,,, / ,;////i /ii ,,, ,„ %////%%iii//rrr///o ////ii/ /'///////i r i ii /%/���,;/// /%////i rrrr i�i r, ror� �� r/% %// „,,, ///o� ri // /rrrr/ i//� //i/ // r/ //i//i///// r :/„ %/ j o///%//i rrrr r, ,, rr Dii r // /// //r/ // j�jj ri ,,, / / �i%////i// / ,,,,r, rrrr /i/i//// .rrrrrrrr// ,,,,,,,,, ,,, /� /// /,,; /i r/// �j/ aa/// /'6 /, r / �/// / 1 / aril/ / /' ,,-- �;; / /iU////ii/r j/r ,/i" %/ /�/ r, „/ rr//////r %/ „ 'O % jj / //////////, ,,;�� /�/ ✓r///!/�/. ,rill,,,,,: /// ,,,,,u,,, //////ij rir� / /i r/i//ivi „//r/ r,,/ i j rrrr // //r // /„ / ,//% /, /// /ii/ /// ;, ,// ",/r/�/��// /r; � /ir,,,, ,,, ,,,/„ „/// #,,,, '%rrrr///r rrrr ,%r7%///�/////'„ i, ',' //% //;/ %//// ", jjj // �j „I ,,,i/i�/ ,r,,,,,,, //" r/ /��� / //rriI// ,, rrrr„ / / rrrr%��////iXM�/% //; /i /r % /////' /' /j„ ////////i ,,,/////i//ii /r///i//r r///// „/v'' �// r // /rrrr / ,„ /// /////// //�I rrrr/ ,„,.;;,,....a/,„f,,,,,,r,,,�„,,,,,, ,,,,,,,,;„, ,,,, ,,,,,,,,/ PUBLIC WORKS DEPARTMENT Timothy ). LaPorte, P,E. Public Works Director 400 West Gowe 400 Kent, WA 918032 IN �KKIEE iN T Fax: 253-856-6500 PHONE: 253-856-5500 CITYOF KENT � --0�0299� KING COUNTY, WASHINGTON Habitat Conservation Measure 6 Project Number- 13-3007.6 ADDENDUM No. 1 May 2, 2017 FROM: The Office of the City Engineer, Kent Washington TO: All Plan Holders of the Project Specifications and Plans This addendum forms a part of the Contract documents and modifies the Project Proposal and Specifications and Contract Drawings in accordance with the following: I — BID OPENING The bid opening has been rescheduled to Tuesday, May 16, 20,17 at 11 AM, The City Clerk's office will receive sealed bids until 10:45 AM. II — MANDATORY PRE-BID SITE VISIT As the location of the project site is secured and locked behind a gated fence, the City is requiring a mandatory site visit of the project, prior to submitting bids. The purpose of the site visit is for interested contractors to get a sense of the project's location and its overall setting, which otherwise is not easily determined using Google Earth or other Computer desktop resources, since the project's site location is setback in a secured facility and screened away from the public road. The availability of the site visits are scheduled as follows: Wednesday May 3 from 2 to 4 PM; and Thursday Miay 4 from 10 to 11 AM Tuesday, May 9 from 10 AM to 12 PM Interested bidders should plan on visiting the site on at least one of the above listed times (only one site visit is required though bidders could look at the site at both available times if interested), The gated entry way to the site is located on the south side of Kent Kangley 0 Road, approximately 0.6 miles east of the Maple Valley/Black Diamond Road Southeast intersection. The approximate latitude and longitude is as follows: 47.362708, -122.007811 (see attached map). 0 MAYOR SUZETTE COOKS A sign-in sheet will be provided. Contractors must sign-in to confirm that they have visited the project site. A staff member from the city of Kent will be there to open the gate and allow interested bidders to visit the project location. The mandatory site visit is not a question and answer type meeting; it is strictly for contractors to observe and evaluate the project setting and to consider this into their bid. No additional information from staff will be presented or provided during the site visit. If follow-up questions after the site visits require further clarifications to the project, this information will be provided through a separate addendum. Only contractors that provide their contact information on the sign-in sheet will be provided information on a follow-up addendum, if needed. Bids from contractors will only be considered if they attend this mandatory pre-bid site visit. For questions regarding this site visit, please contact Matt Knox, Environmental Conservation Supervisor at mknox(cbkentwa.goy or 253-856-5551, Attached Map: 122 007P I W), K P" 09 Z PJ W�� lvYi Go g e END OF ADDENDUM No. 1 Chad Bieren, P.E. Date Deputy Director/City Engineer 2 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P,E, PUblic Works Director 400 West Gowe 400^ K W ent, A 98032 i � 11117�K r Fax: 253-856-6500 KENT PHONE: 253-856-5500 CITY OF KENT KING COUNTY, WASHINGTON Habitat Conservation Measure 6 Project Number: 13-3007.6 ADDENDUM No. 2 May 11, 2017 FROM: The Office of the City Engineer, Kent Washington TO: All Plan Holders of the Project Specifications and Plans This addendum forms a part of the Contract documents and modifies the, Project Proposal and Specifications and Contract Drawings in accordance with the following: I — MANDATORY PRE-BID SITE VISIT As the location of the project site is secured and locked behind a gated fence, the city is requiring a mandatory site visit of the project prior to submitting bids, The purpose of the site visit is for interested contractors to get a sense of the project's location and its overall setting, which otherwise is not easily determined using Google Earth or other computer desktop resources, since the project's site location is setback in a secured facility and screened away from the public road, In addition to the site visits scheduled in Addendum No. 1, an additional site visit is scheduled as follows: Monday May 15th from 9 AM to 11:00 AM Interested bidders should plan on visiting the site on the above listed time. Only one visit is required. The gated entry way to the site is located on the south side of Kent Kangley Road, approximately 0.6 miles east of the Maple Valley/Black Diamond Road Southeast intersection, The approximate latitude and longitude is as follows: 47.36,2708, - 122.007811 (see attached map). A sign-in sheet will be provided. Contractors must sign-in to confirm that they have visited the project site. A staff member from the City of Kent will be there to open the gate and allow interested bidders to visit the project location. 0 ,d The mandatory site visit is not a question and answer type meeting; it is strictly for contractors to observe and evaluate the project setting and to consider this into their bid. No additional information from staff will be presented or provided during the site visit. If follow-up questions after the site visits require further clarifications to the project, this information will be provided through a separate addendum. 0 MAYOR SUZETTE COOKS Only contractors that provide their contact information on the sign-in sheet will be provided information on a follow-up addendum, if needed. Bids from the contractors will only be considered if they attend this mandatory pre-bid site visit. For questions regarding this site visit, please contact Richard Schleicher at rschleicher(a)kentwa.00v or 253-856-5525. Attached Map: C 0 ql AAVR r-ART), IOND W'00:W .A rX W N K"411 4 rhampW NW"11'Gj Am Go, 9fq"' END OF ADDENDUM No. 2 6 Z- 1 1417 Chad Bjeren, P.E. Date Deputy Director/City Engineer 2 TAB I NDEX 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 Hydraulic Project Approval Tab 6 Prevailing Wage Rates � WAf��<�} / 36,0319 \qA4 \ Specifications Sections 2-0 t 12 yO t S% 8-34, 35, and 9-37 were developed by, 7 under the direct supervision of Michael H mchove% Natural Systems Design, 1900 N No4Nade Way#211, Seattle, W4 98405. (206) 834±175—phone, (206) 288-0112—%& Rocky@NaturalDes.com BIDDER'S NAME CITY OF KENT KING COUNTY, WASHINGTON KENT SPECIAL PROVISIONS FOR Habitat Conservation Measure 6 Project Number: 13-3007.6 BIDS ACCEPTED UNTIL BID OPENING May 9, 2017 May 9, 2017 1:45 P.M. 2:00 P.M. DELIVER TO CITY OF KENT, CITY HALL 220 4th Avenue S., Kent, WA 98032-5895 TIMOTHY J. LAPORTE, P.E. PUBLIC WORKS DIRECTOR • K E N T W A S H I N G T 0 N ORDER OF CONTENTS Invitation to Bid Contractor Compliance Statement Declaration — City of Kent Equal Employment Opportunity Policy Administrative Policy 1 .2 — Minority and Women Contractors City of Kent Equal Employment Opportunity Compliance Statement Proposal City of Kent Subcontractor List (over $100K) Subcontractor List (over $1 million) Contractor's Qualification Statement Proposal Signature Page Bid Bond Form Combined Declaration Form Non-Collusion, Minimum Wage Change Order Bidder's Checklist Payment and Performance Bond Contract Table of Contents Kent Special Provisions Hydraulic Project Approval Prevailing Wage Rates t INVITATION TO BID Notice is hereby given that the City of Kent, Washington, will receive sealed bids at the City Clerk's office through May 9, 2017 up to 1:45 p.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 2:00 p.m. for the City of Kent project named as follows: Habitat Conservation Measure 6 Project Number: 13-3007.6 The project primarily consists of supplying, placing and anchoring approximately twenty (20) logs with rootwads in Rock Creek within the City of Kent's Clark Springs Water Treatment Facility. The project also includes installation of approximately 450 plants, erosion control measures, and hydro-seeding. This project is located east of Maple Valley, WA. The city is constructing this project to comply with the Clark Springs Water Supply System Habitat Conservation Plan, which was enacted in 2010 to protect the city's water supply. The Engineer's estimated range for this project is approximately $70,000-90,000. Bid documents may be obtained by contacting City of Kent Engineering Department, Nancy Yoshitake at 253-856-5508. For technical questions, please call Richard Schleicher at 253-856- 5525. 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/doing-business/bids-procurement. 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. 1 � Dated this 19th day of April, 2017. BY: Kimberley A.tornoto, City Clerk Published in Daily Journal of Commerce on April 25 and May 2. 2017 CONTRACTOR COMPLIANCE STATEMENT (President's Executive Order #11246) Date \- 1 &-Dn 1-4 This statement relates to a proposed contract with the City of Kent named Habitat Conservation Measure 6 Project Number: 13-3007.6 I am the undersigned bidder or prospective contractor. I represent that - 1. I have, .I have not, participated in a previous contract or subcontract subject to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. Y��igDn,� (,y r1 S�cyc�h NAME OF BIDDER BY: SIGNATURE/TITLE JM GA aW WO ADDRESS (Note to Bidders: The information required in this Compliance Statement is informational only) Habitat Conservation Measure 6/Schleicher 1 April 19, 2017 Project Number: 13-3007.6 l 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such, all contractors, subcontractors and suppliers who perform work with relation to this contract shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific contract to adhere to. An affirmative response is required on all of the following questions for this contract to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlined, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the contract; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this contract I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this contract the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the contract I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this contract, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. r By: ` For: Title: �C Sa Date: Habitat Conservation Measure 6/Schleicher 2 April 19, 2017 Project Number: 13-3007.6 i CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding contracts with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the contract. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. Habitat Conservation Measure 6/Schleicher 3 April 19, 2017 Project Number: 13-3007.6 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION,of this project by the Contractor awarded the contract. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before- mentioned company was the prime contract for the contract known as Habitat Conservation Measure 6/Project Number: 13-3007.6 that was entered into on the (Date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned contract. By: For: Title: Date: Habitat Conservation Measure 6/Schleicher 4 April 19, 2017 Project Number: 13-3007.6 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 Habitat Conservation Measure 6/Project Number: 13-3007.6 for the City of Kent, Washington, and has read and thoroughly understands the plans and specifications and contract governing the work embraced in this improvement and the method by which payment will be made for that work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with the bid and contract, and at the following schedule of rates and prices: NOTE TO BIDDERS: 1) All bid items are described in the Kent Special Provisions (KSP) or the Standard Specifications (WSDOT). Reference the Section No. listed in this proposal, where the bid item is described. 2) Proposal items are numbered in sequence but are non-continuous. 3) Unit prices for all items, all extensions, and total amount of bid must be shown. 4) Should bid items with identically worded bid item descriptions, 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. Habitat Conservation Measure 6/Schleicher 5 April 19, 2017 Project Number: 13-3007.6 SCHEDULE I - STREET ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 1000 1-09.7 1 Mobilization [10% Max] $-1t Off- $1i0�7r WSDOT LUMP SUM Per LS 1005 2-01.5 1 Clearing and Grubbing $ Z,(sw- $ C-D'- WSDOT LUMP SUM Per LS 1015 1-10.5 1 Project Temporary Traffic $ 5bD $ S'b- r WSDOT LUMP SUM Control Per LS 1355 1-04.4(1) 1 Minor Changes $5,000.00* $5,000.00 WSDOT FORCE Per FA ACCOUNT *Common price to all bidders Sub Total $_ 10% WA State Sales Tax $ to 3 0 r' Schedule I Total $ , 1� 3T3 Habitat Conservation Measure 6/Schleicher 6 April 20, 2017 Project Number: 13-3007.6 SCHEDULE VII - TEMPORARY EROSION AND SEDIMENTATION CONTROL ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 7055 8-01.5 1 Erosion/Water Pollution $3,000* $3,000 WSDOT FORCE Control Per FA ACCOUNT *Common price to all bidders 7080 8-34.5 1 Fish Exclusion $1000+ $ voi'M— KSP LUMP SUM Per LS 7085 8-01.5 350 Turbidity Curtain $ H -4-D $ StDLVD - KSP LN FT Per LF 7090 8-02.5 360 PSIPE Red Osier Dogwood, $ 14 - a-D $ ' WSDOT EACH LIVE STAKE Per EA 7095 8-02.5 90 PSIPE Clustered Wild Rose, 1 $ 19 .D-0 $l WSDOT EACH GAL Per EA 7100 8-01.5 1,400 WSDOT Erosion Control Mix A $0 .\*I $ � p ` ((— KSP SQ YDS Per SY I 7105 8-33.5 5 Engineered Log Jam $%%%OS.w $ KSP EACH Per EA Sub Total $ (0 �, �0 10% WA State Sales Tax $� �t g'_'3- a®.. Schedule VII Total $ .51 _L '�-3 0 y Habitat Conservation Measure 6/Schleicher 7 April 19, 2017 Project Number: 13-3007.6 SCHEDULE VIII - ROADSIDE RESTORATION ITEM SECTION APPROX. ITEM UNIT TOTAL NO. NO. QUANTITY PRICE AMOUNT 8030 8-35.5 1 Property Restoration $3,000* $3,000 KSP FORCE Per FA ACCOUNT *Common price to all bidders Sub Total $ t��^ 10% WA State Sales Tax $ 3 b� Schedule VIII Total $ r-6m Habitat Conservation Measure 6/Schleicher 8 April 19, 2017 Project Number: 13-3007.6 BID SUMMARY Schedule I Schedule VII -�_I 30 Schedule VIII bo TOTAL BID AMOUNT �� 1� Habitat conservation Measure 6/Schleicher 9 April 19, 2017 Project Number: 13-3007.6 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: Habitat Conservation Measure 6 Project Number: 13-3007.6 Subcontractor Name 1-1*h2 dvyASrteA Item Numbers _ ,IL ` Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers CONTRACTOR'S SIGNATURE Habitat Conservation Measure 6/Schleicher 10 April 19, 2017 Project Number: 13-3007.6 SUBCONTRACTOR LIST (Contracts over 1 million dollars) Name of Bidder: n( Q'b(\S. ( JClAJy\ � o(-- Project Name: Habitat Conservation Measure 6 Project Number: 13-3007.6 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: A// Electrical Subcontractor Name: /V1 A Ignature o Bidder Date Habitat Conservation Measure 6/Schleicher 11 April 19, 2017 Project Number: 13-3007.6 CONTRACTOR'S QUALIFICATION STATEMENT (RCW 39.04.3S0) 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. Habitat Conservation Measure 6/Schleicher 12 April 19, 2017 Project Number: 13-3007.6 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: NAME: ADDRESS: OSc-�L PRINCIPAL OFFICE: ,,JJ ,r ADDRESS: Id UJ ZSDlo PHONE: q-D ��rrlg1 FAX: S�� - � -)�"S - J "t 1. STATUTORY REQUIREMENTS 1.1 Provide a copy of your Department of Labor and Industries certificate of registration in compliance with chapter 18.27 RCW. 0&C 1.2 Provide your current state unified business identifier number. 1.3 Provide proof of applicable industrial insurance coverage for your employees working in Washington as required in Title 51 RCW, together with an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW. Providing a copy of a state of Washington "Master License Service Registration and Licenses" form is typically sufficient evidence of the requirements of this subsection. o,A Wc\44 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). eAck&k4 Habitat Conservation Measure 6/Schleicher 13 April 19, 2017 Project Number: 13-3007.6 2. ORGANIZATION 2.1 How many years has your organization been in business as a Contractor? ,a 2.2 How many years has your organization been in business under its present business name? `a 2.2.1 Under what other or former names has your organization operated? f -I�t1-e 2.3 If your organization is a corporation, answer the following: 2.3.1 Date of incorporation: ZOr1e- atm,'S 2.3.2 State of incorporation: ND(\ 2.3.3 President's name: Ukn0. Y1r�o.,r � 2.3.4 Vice-president's name(s): iLt 2.3.5 Secretary's name: 2.3.6 Treasurer's name: 2.4 If your organization is a partnership, answer the following: IV`A 2.4.1 Date of organization: 2.4.2 Type of partnership (if applicable): 2.4.3 Name(s) of general partner(s): 2.5 If your organization is individually owned, answer the following: V1 2.5.1 Date of organization: 2.5.2 Name of owner: 2.6 If the form of your organization is other than those listed above, describe it and name the principals: 3. LICENSING 3.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate license numbers, if app icable. ta�c�e.c`a•\ C..�� '� cam, r,��� a$ wr"6h%n �on t �,� ��1 =-CD 3.2 List jurisdictions in which your organization's partnership or trade name is filed. , 4. EXPERIENCE v 4.1 List the categorie of work that your organiza tor� normally performs with its own forces. s��e-4 (-of% exo Stiav-, Cor\ l 4.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) 4.2.1 Has your organization ever failed to complete any work awarded to it? V4 0 4.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? N� Habitat Conservation Measure 6/Schleicher 14 April 19, 2017 Project Number: 13-3007.6 4.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? PD 4.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.) NO 4.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect or design engineer, contract amopint, percent complete and scheduled completion date. Q eZ G o. 4.4.1 State total worth of work in progress and under contract: 4.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect or design engineer, contract amount, date of completion and percentage of the cost of the work performed w'th your own forces. G��Ca.(ihG�C 4.5.1 State average annual amount of construction work performed during the past five years: � --I So l C)T,)D-- 4.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. 4.7 On a separate sheet, list your major equipment. ` 5. REFERENCES Cx C1�L�`��C•Q 5.1 Trade References: ,%- QjL 5.2 Bank References: 5.3 Surety: l 5.3.1 Name of bonding company: ��'iJ�2` \If1cgIJ('G"nLe 5.3.2 Name and address of agent: 6. FINANCING 6.1 Financial Statement. After bid opening, the City may require the following financial information from any of the three apparent low bidders. If so required, the selected bidder(s) must respond with this financial information within 24 hours of the City's request for that information. The City's request for this information shall not be construed as an award or as an intent to award the contract. A bidder's failure or refusal to provide this information may result in rejection of that bidder's bid. 6.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Habitat Conservation Measure 6/Schleicher 15 April 19, 2017 Project Number: 13-3007.6 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 day of \ ( , 2017. Name of Organization: XN10Lr0n �'TOC�A` 'y\ By: Title: 7.2 \K\ �— �1�C��lc , being duly sworn, deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. �M Subscribed and sworn before me this day of � + O , 2017. \\\o1111IN111►1/!//// Notary Public: ����`` N01�N�ys�ii,� �13� az e �V tee My Commission Expires: l� _2.�Yd���� ;* 0 T: ^ ;f"_ . .s ti Ci Roo..* Habitat • Habitat Conservation Measure 6/Schleicher 16 April 19, 2017 Project Number: 13-3007.6 Department of Labor and Industries Vt PO Box 44450 ARONI CONSTRUCTION Iti'C Olympia.WA 98504-4450 Re_:CC MARONC1941.\4C gr UBI:602-510-626 Registered as provided by Lang as: Construction Contractor (CCO 1)-GENERAL MARONI CONSTRUCTION INC Effective Date: 7r3/2006 PO BOX 852 Expiration Date: 7/3/2018 EN MCLAW WA 98022 rlr�ln�i u s i P iiui��lli�/Vir�ni!rrrnrrairi rri r��l'�//1�J1fj�1 �16� P.a, Box 852 �% Enumclaw, 'I+V'A 9802 phone 266.241.4099 maroniconslrncC_aol.com May 15, 2017 f, Gina Maroni, President of Maroni Construction Inc., certify that Maroni Construction is 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). Gina Maroni President, Maroni Construction :. I Ilr rvNrp II7 0��/ll/liifllin,.m.0 ai mn ,�i �' udu, u�nuPlcu�O�uric �Ig1��l�l��y�rr1� P.O. Box 852 Enumclaw, WA 98022 phurtc 206.240.4099 PUBLIC WORKS PROJECTS IN PROGRESS — May 2017 Issaquah School District Renovation Issaquah School District Subcontractor for Shreve Construction. May, 2017—$15,000.00 Project Manager: Ken Shreve Phone: 206-641-5878 /i r/aorrrruf P.O. Box 852 Enumclaw,WA 98022 phone 206.24tt 4tt9 9 mafoniconstlnc(sPaol oin PUBLIC WORKS WORK SUMMARY &. REFERENCES 2011-16 3rd & North ate 30+C .Project Subcontractor to Mid Moa.antain Contractors February, 2011 — 67 000.00 Project Manager: Josh Vogt Phone: 425-202-3687 Woodland Park Zoo March 2011 $ 2,000.00 Project Manager: Harry Sammons Phone: 206-704-4803 Lake Boren Park Play Area. Renovation May,, 2011 - $114,000.00 City ofNewcastle, Newcastle, Washington Project Manager: Michael }Tolley Phone: 425-649-4444, ext. 142 Millman. City P-Patch Community Garden May, 2011 - $24,000.00 City of Seattle, Seattle, 'Washington Project Manager: Laura Raymond Phone: 206-615-1787 Lynn Street JGC Pro`ect Subcontractor to Mid Mountain Contractors July, 2011 --$42,000.00 Project Manager: Ewan Benjamin Phone: 206-354-2341 Greenwood. P-Patch Community Garden August, 2011 - $55,000.00 Vision Greenwood Park and Seattle Parks & 12ec, Seattle, Washington Project Manager: Pamela Klirnent Prone: 206-64-7556 3"d & Walker 30C Project Subcontractor to Mid Mountain. Contractors September, 2011 — 154,000.00 Project Manager: Evan Benjaamin Phone: 206-354-2341 Rose Street JOC Protect Subcontractor to Mid Mountain Contractors September, 2011 —$122,000.00 Project Manager: Evan Benjamin Phone: 206-354-2341 Woodland Park Zoo September 2011 —$6,500.00 Project Manager: John Dougall Phone: 206-548-2500 Auburn Airport Catch Basin Repairs November,2011 - $24,000.00 Project Manager: Mike Shipman Phone: 253-333-6821 NW 90t" Street JOC Project Subcontractor to Mid Mountain Contractors April, 2012—$90,000.00 Project Manager: Evan Benjamin Phone: 206-354-2341 Rainier Playfield Renovation May,2012 - $250,000.00 Seattle Parks and Recreation Project Manager: Virginia Hassinger Phone: 206-233-7936 Interim Fire Station JOC Project Subcontractor to Mid Mountain Contractors June, 2012—$50,000.00 Project Manager: Evan Benjamin Phone: 206-354-2341 Pole Removal JOC Proiect Subcontractor to Mid Mountain Contractors October,2012 415,000.00 Project Manager: Evan Benjamin Phone: 206-354-2341 Seattle Children's Livable Streets Crossing JOC Proiect Subcontractor to Mid Mountain Contractors October,2012—$79,000.00 Project Manager: Evan Benjamin Phone: 206-354-2341 39TH AVE NE Greenway Livable Streets JOC Proiect Subcontractor to Mid Mountain Contractors November, 2012—$126,000.00 Project Manager: Evan Benjamin Phone: 206-354-2341 SW Barton JOC Proiect Subcontractor to Mid Mountain Contractors December,2012—$145,000.00 Project Manager: Evan Benjamin Phone: 206-354-2341 Othello Park Playfield Renovation September, 2012 - $198,000.00 Seattle Parks and Recreation and Othello Park Alliance Project Manager: Benjamin Barrett Phone: 206-723-8275 Sidewalk Safety JOC Proiect Subcontractor to Mid Mountain Contractors December,2012—$92,000.00 Project Manager: Evan Benjamin Phone: 206-354-2341 West Seattle Pole Removal JOC Project Subcontractor to Mid Mountain Contractors February,2013 —$28,000.00 Project Manager: Evan Benjamin Phone: 206-354-2341 Woodland Park Zoo March, 2013 —$11,000.00 Project Manager: John Dougall Phone: 206-548-2500 Rainier ITS JOC Proiect Subcontractor to Mid Mountain Contractors March, 2013 —$97,000.00 Project Manager: Evan Benjamin Phone: 206-354-2341 PMP PKG#1 JOC Proiect Subcontractor to Mid Mountain Contractors June, 2013 4155,000.00 Project Manager: Evan Benjamin,Phone: 206-354-2341 Marymoor Park HVAC Upgrade Subcontractor to Big Mountain Enterprises June,2013—$3,800.00 Project Manager: John Hetzel Phone: 360-802-4400 Burke Gilman Trail Stair Repair JOC Proiect Subcontractor to Centennial Contractors July,2013 —$13,000.00 Superintendent: John Pallotta Phone: 206-877-2613 Magnuson Park Fireline Repair July,2013—$60,000.00 Project Manager: Andy Sheffer Phone: 206-684-7041 Jefferson Park JOC Proiect Subcontractor to Mid Mountain Contractors August, 2013 4101,000.00 Project Manager: Evan Benjamin Phone: 206-354-2341 Discovery Park JOC Proiect Subcontractor to Mid Mountain Contractors September,2013—$225,000.00 Project Manager: Evan Benjamin Phone: 206-354-2341 Marymoor Park Lighting JOC Proiect Subcontractor to Centennial Contractors November,2013 —$12,000.00 Project Manager: Tim Wilson Phone: 206-547-0135 YSC Water Main Repair JOC Project Subcontractor to Centennial Contractors May 2014—$95,000.00 Project Manager: Stephen Robeson Phone: 206-547-0135 Sound Transit Bike Path JOC Proiect Subcontractor to Centennial Contractors July 2014—$39,000.00 Project Manager: Tim Wilson, Phone: 206-547-0135 SPU Landsburg Proiect Subcontractor to Lydig Contractors August 2014—$80,000.00 Project Manager: Jeremy McMullin Phone: 425-885-3314 Precinct#3 JOC Proiect Subcontractor to Centennial Contractors August 2014 4130,500.00 Project Manager: Stephen Robeson Phone: 206-547-0135 Phillip Arnold Park Walkway Subcontractor to FORMA Contractors September 2014—$32,000.00 Project Manager: Lon Weaver Phone: 206-626-0256 Highline CC Underground Repairs Subcontractor to Saybr Contractors October 2014—$41,000.00 Project Manager: Pat Poor Phone: 253-531-2144 Seattle Center Bollards JOC Project Subcontractor to FORMA Contractors October,2014—$68,500.00 Project Manager: Lon Weaver Phone: 206-626-0256 Bellevue Botanical Gardens JOC Proiect Subcontractor to Centennial Contractors November 2014—$20,000.00 Project Manager: Troy Alexander Phone: 206-926-0870 Discovery Park Water Main and Paving February 2015 - $368,000.00 Seattle Parks and Recreation Project Manager: Todd Meadows, Phone: 206-386-4388 UW--ICA Student Services Entrance Subcontractor to Centennial Contractors August 2015—$59,437.00 Project Manager: Stephen Robeson, Phone: 253-926-0870 AM Outdoor Shower Subcontractor to Saybr Contractors September 2015—$50,153.00 Project Manager: John Pallota Phone: 253-531-2144 Taylor Mountain Parking Lot King County DNR—Parks&Recreation Division November 2015 - $448,200.00 Project Manager: Linda Frkuska Phone: 206-477-4484 Foster Arboretum Waterline Repair December,2015—$19,576.00 Project Manager: Katie Bang Phone: 206-673-7205 Heizer Granite Park Regrade January 2016 - $19,000.00 Office of Arts&Cultural Affairs, Seattle, Washington Project Manager: Joan Peterson Phone: 206-615-1800 Sound Transit Bike Parking Racks May 2016-$68,000.00 Central Puget Sound Regional Transit Authority, Seattle, Washington Project Manager: Rebecca Roush Phone: 206-398-5058 iJW Childcare Expansion Subcontractor to Shreve Construction July 2016 - $340,000.00 Project Manager: Ken Shreve Phone: 206-641-5878 S 212th Street Erosion Repairs October 2016- $98,000.00 Owners Representative: Phil McConnell Phone: 253-856-5542 V P.O. Box 852 w rr r a-gTRUC'r)DN Enumclaw, WA 98022 A Y phone 206.240.4099 iTiaroniconstinc@aol.com RIC l ARC)NI PROJEf:cr MANAGER Ric l'w7,arom has over 0 years experience in infrastructure work including earthwork, urnder--round utilities, roadwork, pipelines, highways and bridges. Ric's role as a ltdl14jor Projects Site 'Srrperiratendent at Mid Mountain Contractors allowed hire to have hands-on experience on major projects. His extensive field experience proved to he an asset in the successful. organization of inultiple crews, on site schedUl%ng, material deliveries.. personnel management and cost control. In 2006 Ric opened Maroni Construction, specializing in public works projects for, among, others, the City of Seattle, Army Corp cif"l ngineers, City of Bellevue, Woodland. Park Zoo.. Seattle Parks and Recreation, City of Nevveastle and Seattle Department of Neighborhoods. Strong communication, organization and problem solving skills are assets laic possesses. These skills along with his excellent attention to detail and management style will ensure the project goals and safety recluireluents are achieved. T a g >fi�m06w�� ONSr IZUCTIO P.O. Box t 52 e; v EnUn7daW, WA 98022 phone 206.240.4099 IT aroniconstinc( a3()korn "ONY CHASE SUPERINTENDENT DTI NT Tony Chase has over 20 years' experience in both public and private Infrastructure, work including earthwork, underground utilities,roadwork. pipelines, highways and bridges. Tony worked for Katspan ConstrUCti0II for three years as a General Superintendent and was a Major Protects Site Superintendent at. Mid.Mountain Contractors for six years. These positions of responsibility allowed hint to have hands-can experience on major projects and lie pained field experience in organizing multiple crews, on-site scheduling, material deliveries, personnel management and coast control. In 2009 Tony was hired by Maroni Construction as Superintendent and has been a valuable asset in supervising work crews and project scheduling. Luring Tony's employment with Maroni Construction he has successfully overseen several City of Seattle projects such as Handel Playfield and Greenwood P-batch C:onanlunity Garden and as well as multiple.10C projects. l �lDl r r rrIritlraoimrm airar 11,'IJ/I�l�y 1�G1 c110 IIII>��j��l r P.O. Box 852 I� p EnUrndaw, WA 98022 �; phone 206.240.4099 s rnaroniconsllnc@ LIST OF EQUIPMENT Fifty Sire Excavator Arrowhead lock brill Hydraulic Breaker Roller Cat 4x4 414 Skip Loader Five Axel "1'800 Hook Truck/D Lim 1) Truck Box Sires. 25 Yard 30 Yard 40 Yard Work Trucks with'Fools i P.O. flax 852 �Il ll� f Enumclaw,WA 98022. phone 206.240.4099 TRADE & BANK REFERENCES A111" ASSOCIATED PETROLEUM PO Box 1367 'Tacoma., WA 98401 Office: (800) 929-5243 Fax. (866) 696-1277 PIONEER FUEL PO Box 27 Olympia, WA 98507 Office: (360) 754-1092 Fax: (360) 754-1092 HERTZ EQUIPMENT DENTAL PO Box 26360 Oklahoma, OK 73126 Office: (800) 654-4740 Fax: (206) 767-8275 EVERGREEN TRACTOR 164 S. Michigan St. Seattle. VA 98108-3242. Office: (206) 264-8551 Fax: (206) 264-6269 BANK ACCOUNT 1NI+ORMATION BECU PO Box 97050 Seattle, WA 98022 Phone: (800) 233-2328 Account: 3591912388 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 thirty (30) working days after issuance of the City's Notice to Proceed. The undersigned bidder hereby agrees to submit all insurance documents, performance bonds and signed contracts within ten (10) calendar days after City awards the Contract. The City anticipates issuance of the Notice to Proceed on the day of the preconstruction meeting. No bidder may withdraw his/her bid for a period of sixty (60) calendar days after the day of bid opening. The required bid security consisting of a bid bond, cashier's check or cash in an amount equal to 5% of the total amount is hereto attached. Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. Receipt of Addendum No.'s � , , 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: NAME OF BIDDER ignature of Authorized Representative \ L— VY--\Gl'Z)rN�, , V .V. (Print Name and Title) Address Ea on-\t'�(ow NON th QS:Da2. Habitat Conservation Measure 6/Schleicher 17 April 19, 2017 Project Number: 13-3007.6 BID BOND FORM KNOW ALL MEN BY THESE PRESENTS: That we, Maroni Construction Inc. 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 Bid Amount 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 Habitat Conservation Measure 6/Project Number: 13-3007.6 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 16th DAY OF May, 2017 Maron, C nstiruction Inc. PRINCIPAL nT Ohio Casualty insurance Corn'pany SURETY Carle it's'piriL, Attorney-in-l=`act — 20—. Received return of deposit in the sum of $ Habitat Conservation Measure 6/Schleicher 18 April 19, 2017 Project Number: 13-3007.6 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.7659423 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmeriean Insurance Company 1 POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized tinder 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 therein set forth,does hereby narne,constitute and.appoint, Aliceon A.Keltner•Annelies M. Richie;Brandon K. Bush; Brent E. Hetesen•Carley Espiritu;Christopher Kin on•Cynthia L.Jay; Diane M.Hardin Eric A.Zimmerman; Heather L.Allen;James B.Binder;Jamie Demer;Jon J'.0ja;Julie R.Truitt;Karen C.Swanson;K le J.Howat;Ma S.Norrell;Teter J.Comfort all of the city of Tacoma state of WA each individually if there be more than one named,its true and lawU 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. tN 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 9th Jay of March 2017 t ^ The Ohio Casualty Insurance Company V) 91; 1 r Liberty Mutual Insurance Company t West merican Insurance Company U By: STATE OF PENNSYLVANIA ss David M.Carey°4ssistant Secretary r{ COUNTY OF MONTGOMERY On this 9th day of March 2017,before me personally appeared David M,Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance M cs (D Company,The Ohio Casualty Company, and West American Insurance Company,and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes �, UJ 0.2 therein contained by signing on behalf of the corporations by himsetf as a duly authorized officer. . Q1 > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,an the day and year first above written. 0 CL ,, r"�tW "�„, COMMONWEALTH OF PENNSYLVANIA Nairna Seal ��e% f rSf G r rricisa o isar i h. if)4rrrairul C,aurni By: Ter C}r .—..... ... ..m....�...__...m_.......-_-..�_ fJ n v v Teresa Pastella,Notary Public ,, My C ommis skvn r xpir r,I wch 2 a 2071 �. C) '°r,,CSd� a°+" P.1irialJ ri�n.5rw� wrrreys�ii Cn(r' aY rs i 02 r t� � C CU This Power of Attorney is made and executed pursuant to and by authority of the following By-Taws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual u9 0' a insurance Company,and WestAmerican Insurance Company which resolutions are now in full force and effect reading as follows: C tm b1 r-+ m 0) 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 5 tm Q; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, 0, 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 =p 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 tb C) executed,such instruments shall be as bonding 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 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. CM .qf ARTICLE?till—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, o' > and subject to such limitations as the chairman or the president may prescribe,shalt appoint such atlorneys•in-fact,as may be necessary to actin behalf of the Company to make,execute, _- Cr seal,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 a? 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 0 Q executed such instruments shall be as binding as if signed by the president and attested by the secretary. Q 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-tin �— 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 bonding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of~wvholi the foregoing is a full, true and correct copy of th Poe^r r of Attorney execute by said Companies, is in fuff farce and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 20 Xrila r� ty�712 r� I^.'d u �" By. w Renee C.Llewe ,Assistant Secretary 485 of 800 LMS n2s72 c22on7 a CITY OF KENT COMBINED DECLARATION FORM: NON-COLLUSION, MINIMUM WAGE NON-COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and to have agreed to the provisions of this declaration. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. Habitat Conservation Measure 6 Project Number: 13-3007.6 NAME OF PROJECT NAME OF BIDDER'S FIRM SIGNATURE OF AUTHORIZED REPRESENTATIVE OF BIDDER Habitat Conservation Measure 6/Schleicher 19 April 19, 2017 Project Number: 13-3007.6 r • 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 # 1, 2, 3, etc.] NAME OF CONTRACTOR: (Insert Company Namel ("Contractor") CONTRACT NAME & PROJECT NUMBER:fInsert Name of Original Contract & Project #, if aQolicablel ORIGINAL CONTRACT DATE: lInsert 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 $ (inch Previous Change Orders) Current Change Order $ Applicable WSST Tax on this Change $ Order Revised Contract Sum $ Habitat Conservation Measure 6/Schleicher 20 April 19, 2017 Project Number: 13-3007.6 Original Time for Completion (insert date) Revised Time for Completion under prior Change Orders (insert date) Days Required (±) 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. CONTRACTOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Timothy ]. LaPorte. P.E. Its Its Public Works Director (title) (title) DATE: DATE: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Habitat Conservation Measure 6/Schleicher 21 April 19, 2017 Project Number: 13-3007.6 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 ....................ice Orderof Contents................................................................................. Invitationto Bid...................................................................................®' ContractorCompliance Statement........................................................ffi Date............................................................................................Er Have/have not participated acknowledgment.............................a Signatureand address................................................................Er Declaration - City of Kent Equal Employment Opportunity Policy ........®' Dateand signature .....................................................................Er AdministrativePolicy ...........................................................................lid Proposal...............................................................................................B-' First line of proposal - filled in ...................................................R/ Unitprices are correct ................................................................1k, Subcontractor List (contracts over $100K) ..........................................C� Subcontractorslisted properly.................................................... Signature .................................................................................... Subcontractor List (contracts over $1 million).....................................8' Subcontractorslisted properly....................................................8" Dateand signature .....................................................................1K Contractor's Qualification Statement ...................................................B-, Completeand notarized ..............................................................0' ProposalSignature Page......................................................................Pr AllAddenda acknowledged .........................................................12, Date, signature and address .......................................................21 BidBond Form .....................................................................................ET*� Signature, sealed and dated ....................................................... Powerof Attorney....................................................................... (Amount of bid bond shall equal 50/o of the total bid amount) CombinedDeclaration Form.................................................................EY Signature ....................................................................................!� ChangeOrder Form.............................................................................. Bidder's Checklist ................................................................................IV 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. Habitat Conservation Measure 6/Schleicher 22 April 19, 2017 Project Number: 13-3007.6 PAYMENT AND PERFORMANCE BOND ZOO 'ro CITY OF I(ENT Bond No. 023038808 KENT' KNOW ALL MEN BY THESE PRESENTS: That we, the UndersIgnt-�d, Maroni Construction Inc, as Principal, and The Ohio Casualty Insurance Compapy—,_.., a Corporation organized and eXiSting Under th(," laws of the State of Wx*W(X%tM,*as a Surety Corporation, WICI CILU'llified Under' th(,"a laws of the State of Washington to become Surety upor) bonds of Contractors with Municipal Corporations, as Surety, are joindy and severally held and firrnIy bOUnd to the CITY OF KENT in the penal SUrn of with anyadjUstments, up or down, in the total contract price because of changes in the contract work, for the payment of which suill on dernand we bind ours(aIves and our SLA.'acessors, h6rs, adrninistrators or personal representatives, as the case, rilaay be. *New Hampshire This obligation is entered into in PUr5U,3uCe of the statut(-,�s of the State of Washington, and the Codes and Ordinances of dle CITY OF KENT, Nevertheless, the conditions of LI'le above. obligation are, such that: WHEREAS, under and pUt"SUant 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 lizis let or is <.,ibout to let to the above bounden Principal, a certain contract, the said contract providing for COnStrUCtiOn of Habitat Conservation Measure S/Project Number: 13-3007.6 (which contract is referred to herein and is made a part hereof as thOLAgh attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, tfl(,�, contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA pr9jects only, if the Principal Shall faithfully perform all die provisions of said contract in the manner and within the time herein set forth, Or Withir'l SUCh extensions of time as may be granted under the said contract, and shall F,,)ay all laborers, rneichanics, SUI)COntractors and material rnen, and all persons who shall supply tl-ie Principal or subcontractor s with provisions and , supplies for the carrying oil of said work and shall indemnify and hold the, CITY OF KENT harniless from any damage or c,)xpense by reason of failure of 1:)erformarice as specified in said contract or from defects appearing or developing in the niaterial or workmanship provided or performed Under said contract,, then arid in that event this obligation shall be void; bUt otherwise it shall be arid remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have execuu,,cl this instrument under their separate seals. The name arid corporate seal (if required by law) of each corporate party is hereto affixed ancl duly sigried by its Undersigned representatives PUI-SUant, to authority of its, governing body. H,abitat Cons(rvatiofl rasa ark Lald. G/LSciflok"he'r 23 April 19, 2017 Prcd (,^ct Number 13-3007,C) TWO WITNESSES: Maronl Construction Inc. PRINCIPAL DATE: June 12, 2017 DATE: June 12, 2017 CORPORATE SEAL, PRINT ..NAME DAI E:June 12, 2017 The Ohio Casualty Insurance Company CORPOI�A`FE BEAD: Carley Espiritumry DATE June 12, 2017 TI'T1-E: Attorney-in-Fact ADDRESS: 1001 4th Ave Suite 3700 Seattle, 'W'WA 981 a4 CERTI FrOATS AS TO O RP II SITE SEAL I liereby Cell fy tliat I ani the (Assistant) Secretary of tl-rc Corporation named as Principal in the within Bond; that *�- ���+. Who signed: the said bond on belialf of tlie, Principal _" "r r��wi of tiie said Corporation; dirt: I know his signature tt-iereto is genuine, and that said Bond was duly sigried, sealed, and attesteld for arx] in bell if of said Corporation by autll0rity of its governing body. EC RET...,M. ._.. 0R ASSISTANT ECRETAI Y N-CKbrmat ca:;msc.rvation %io care, +:s/sc:k ioud'ler 24 Ar`s 0 197. 201 7 Prgjr,,*ct Nud" bet r: 1 3-";r"07,6 ..................... 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.7659689 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duty 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 corporafian duty organized Linder the iav"of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Alicoon A.Keltner;Annelies M. Richie;Brandon K.Bush;Brent E, Heilesen;Carley Espiritu;Christopher Kinyon;Cynthia L.Jai Diane M.Harding;Eric A.Zimmerman; Heather L.Allen;James B.Binder;Jamie Diemen;Jon J.Oja;Julie R.Truitt;Karen C. Swanson;Kyle J.Horwat;i S.Norrell;Peter J.Comfort all of the city of Tacoma state of WA each individua4ly if there be rnore than one named,Its true and lawfid 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 shelf be as binding upon the Companies as if they have been duty 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 9th day of March 2017 The Ohio Casualty Insurance Company Liberty Mutual Insurance Cot-npany (D West American Insurance Cornicany 4. A By: STATE OF PENNSYLVANIA ss David M.Carey Assistant Secretary M 4S U_ COUNTY OF MONTGOMERY �5 M 0 On[his day of March 0 1- 9th Mh 2 before ere personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance ea Ill IU 4) Company,The Ohio Casualty Company, and Wes,American 1111U,ance Company, and that he, a, such, being authorized so to do, execute the lom,cliq i,,1nnnon,for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer fir E > IN WITNESS WHEREOF,I have hereunto Subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. COMMONUVEAUTH OF PENNSYLVAMA ....... ce) Sal i Terr,,� Nolliry 1111h1 , By: 0 C Teresa Pastolk,.u,Notary PLOAG. tyy 28 2021 M 0 0 CL M 0 M This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Idutual W C) Insurance Company,and West American Insurance Company which resololions are now in full force and effect reading as foliows: 0 t3f0 W ARTICLE IV-OFFICERS-Section 12.Power cfAttorney,Any officer or other official of the Corporation authorized for that purpose in vyrring by One Chairman or the President,and subject 40 a to such limitation as the Chairman or the President tray prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, 41 0 r 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 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 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-faCt Linder > .0 the provisions of this article may be revoked at any time by the Board,the Cha0man,the President or by the officer or officers granting such power or authority. ARTICLE Milt-Execution of ContractsSECTiON 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, co > a) and subject to Such Imitations as the chairman or the president may prescribe,shelf appoint such m ,torneys-in-fact,as may be necessary to act in behalf of the Cornpany to make,execute �4 4� 1- M o seal,acknowledge arid deliver as surety any and ail undertakings,bonds,recognizances and other surety obligations. Such aftorneys-in-fact Subject to the limitations set forth in their �jzo respective powers of attorney,shelf have full power to bind the Company by their signature and execution of any such instruments and to attach(hereto the seal of the Company, When so 0 0 executed such instruments shall be as binding as if s"19neirl by the president and attested by the secretary, 0 i 0 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 atforneys-n- fact as may be necessary to act on i 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,lhe Company nonsenIs that facsimile or mechanically reproduced signature of any assistant secretary of the, Company,wherever appearing upon a cortfied copy of any power of attorney issued by line Company in connection with surety bonds,strafl be valid and binding upon the Conipany with the same force and effect as though n"01U811y affixed. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the onginal power of attorney of which the foregoing is a full, time and correct copy of the Power of Attorney execul d by said Companies, is in full force and effect and has not been revoked. A IN TESTIMONY WHEREOF,I have hereunto set my hand arid affixed the seals of said Companies this day of 2 20�3_ N S N I 1 `99 1 By: Renee C Llewe , ssislant Secretary 751 of 800 L MS 12873_0220 17 ........... CONTRACT THIS AGREEMENT, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and YYICAC'an� C0c` JC�6u+-, \cnc. organized under the laws of the State of located and doing business at �aa.H 3� rcnJmC�o�V ("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: Habitat Conservation Measure 6/Project Number: 13-3007.6 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 thirty (30) working days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing 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. Habitat Conservation Measure 6/Schleicher 25 April 19, 2017 Project Number: 13-3007.6 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. S. 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. Habitat Conservation Measure 6/Schleicher 26 April 19, 2017 Project Number: 13-3007.6 CITY OF KENT BY: .- TE COOKE, MAYOR DATE ATTET KIMBERLEY OOTO, CITY RK APPROVED AS TO FORM: Oka KENT LAIN DEPARTMENT CONTRACTOR w BY: Na PRINT NAMEr.e- t�Dt� TITLE-,- DATE: Habitat Conservation Measure 6/Schleicher 27 April 19, 2017 Project Dumber: 13-3007.6 EXHIBIT A INSURANCE REQU I REMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1 . Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1 . Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. Habitat Conservation Measure 6/Schleicher 28 April 19, 2017 Project Number: 13-3007.6 EXH I B I T A (Continued) 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1 ,000,000 per accident. C. other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1 . The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. Habitat Conservation Measure 6/Schleicher 29 April 19, 2017 Project Number: 13-3007.6 EXH I B I T A (Continued) F. Acceptabi8ity of insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. 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. Habitat Conservation Measure 6/Schleicher 30 April 19, 2017 Project Number: 13-3007.6 Client#: 179355 MAIROCONS1 AO rE ACORD,. CERTIFICATE 5ZT ATE OF LIABILITY INSURANCE 6113/20CMMIDDIYYYY) 17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, ............... .... IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to.__. o...... 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 R;NT E�CT Tanase Leader' Propel Insurance PHONE .................... 0 "NPI'Pq):800 499-0933 866 577-1326 Seattle Commercial Insurance E-MAIL I'll.. . ..................... ......--------- .. ............. Tanas ADDRESS� e.Leeder@propelinsurance.com 925 4th Ave, Suite 3200 INSURER(S)AFFORDlNGCOV RAGE NAIC 4 Seattle,WA 981�04 i INSURERA:Ohio Security Insurance Company 24082---- INSURED INSURERS.The Ohio Casualty Insurance Com 24074 Maroni Construction Inc. INSURER C:West American Insurance Company 44393 40214 306th Ave SE PO Box 852 INSURER D.: Enumclaw,WA 98022 1 INSURERS: INSURERCOVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ................ ................_............-, .............. .............. ................. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE 'POUCYNUMBER LIMITS N$R "Q I ____ (MWPQ YYY) (MMIDDIYYYYJ A X COMMERCIAL GENERAL LIABILITY X X BKS57707923 01101/2017 01/01/2018 EACH OCCURRENCE S '000000 CLAIMS-MADE LX1 OCCUR 11,EM AMAJ '10 RENTED $1,000000 , S(Eq MED EXP(Any one person) $15000 _PERSONAL AADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S2,000,000 V]_..POLICY PR CY JECO- T X LOC PRODUCTS-COMPIOP AGG S ?L0-00'000 OTHER 5 .............. ...... ...... C 'INED SINGLE UMIT C AUTOMOBILE LIABILITY X X BAWS7707923 01/011/2017 0110112018 (EO.Mccdontl $1,000,000 X,ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY 11 INJURY(Pe..r a cc dent) S ...... AUTOS AUTOS NON-OWNED PROPERTY X' HIREDAUTOS X AUTOS (per ancIdent) UMBRELLA ILIAB OccuR X X US057707923 0110112017 01101/2018 EACH OCCURRENCE s2,000,000 _.EX..CESS LIAR CLAIMS-MADE AGGREGATE 41000 000 .... ......... DED X RETENTIONs100 00 S A WORKERS COMPENSATION IIER AND EMPLOYFRS'LIABiLITY BKS57'707923 01/01/2017 01/01/2018 STATurE LE OTH ANY PROPRIETORIPARTNERIEXECUTIVE Y/N E,L EACH ACCIDENT S1,000 00 OFFICERIMEMBER EXCLUDEDI 7N NIAI (Mandatory in N H) E.L DISEASE-EA EMPLOYEE Si 00 If yes.descnee under ---1-0 00 — SO— DESCRIPTION OF OPERATIONS bR1qW.___ .................................... E1 DISEASE-POLICY LiMli.r 51,0001000 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) RE: Habitat Conservation Measure 6,1 Project#13-3007.6 The City of Kent is included as additional insured per the attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS,. 400 West Gowe Kent,WA 98032 AUTHORIZED REPRESENTATIVE 0 1988.2014 ACORD CORPORATION.All rigihts reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S27398621M2588243 ALWOO This page has been left blank intentionally. Coverage is Provided In: Policy Number: _ L1bCrty Ohio Security Insurance Company BKS (18) 57 70 79 23 Mutual. Policy Period: INSURANCE From 01/01/2017 To 01/01/2018 Common Policy Declarations 12:01 am Standard Time at Insured Mailing Location Named Insured Agent MARONI CONSTRUCTION INC (253) 759-2200 PROPEL INSURANCE/TACOMA SUMMARY OF LOCATIONS This policy provides coverage for the following under one or more coverage parts. Please refer to the individual Coverage Declarations Schedules, or, the individual Coverage Forms for locations or territory definition for that specific Coverage Part. 0001 40214 306th Ave SE, Enumclaw, WA 98022-7783 POLICY FORMS AND ENDORSEMENTS This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CG 00 01 04 13 Commercial General Liability Coverage Form - Occurrence CG 01 81 05 08 Washington Changes CG 01 97 12 07 Washington Changes - Employment-Related Practices Exclusion CG 04 42 11 03 Stop Gap - Employers Liability Coverage Endorsement - Washington CG 04 50 05 08 Washington Changes - Who Is An Insured CG 20 12 04 13 Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits or Authorizations CG 21 06 05 14 Exclusion - Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability - With Limited Bodily Injury Exception CG 21 70 01 15 Cap on Losses from Certified Acts of Terrorism CG 21 76 01 15 Exclusion of Punitive Damages Related to a Certified Act of Terrorism CG 21 86 12 04 Exclusion - Exterior Insulation and Finish Systems 0 CG 21 96 03 05 Silica or Silica-Related Dust Exclusion CG 22 79 04 13 Exclusion - Contractors - Professional Liability CG 24 26 04 13 Amendment of Insured Contract Definition CG 26 77 1204 Washington - Fungi or Bacteria Exclusion In witness whereof, we have caused this policy to be signed by our authorized officers. / - 4XA__ Mark Touhey Paul Condrin Secretary President To report a claim, call your Agent or 1-800-362-0000 DS 70 21 11 16 57707923 N0177095 235 INSURED COPY 003074 PAGE 14 OF 128 Libertv Coverage Is Provided In: Policy Number-, .1 10�Mutual. Ohio Security Insurance Company INSURANCE 9450 Seward Road, Fairfield, Ohio 45014 Policy Period: From 01/01/2017 To 01/01/2018 12.-01 am Standard Tine Common Policy Declarations at Insured Mailing Location Named Insured Agent MARONI CONSTRUCTION INC (253) 759-2200 PROPEL INSURANCE',/TACONIA POLICY FORMS AND ENDORSEMENTS - CONTINUED This section lists all of the Fornis and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CG 80 08 10 09 Employee Benefits Liability Coverage Form CG 80 61 05 11 Amendment of Cancellation Provisions CG 83 20 12 08 Contractors Amendment of pollution Exclusion (Job Sites) CG 84 94 12 08 Exclusion - Consolidated Insurance Programs Wrap-Up CG 84 99 08 09 Non-Cumulation Liability Limits Same Occurrence CG 85 83 04 13 Blanket Additional Insured Contractors - Products - Completed Operations CG 88 10 04 1.3 Commercial General Liability Extension CG 88 60 12 08 Each Location General Aggregate Limit CG 88 65 12 08 Voluntary Property Damage Extension CG 88 67 12 08 Property Damage - Borrowed Equipment - $100,000 Limit CG 88 70 12 08 Construction Project(s)-General Aggregate Limit (Per Project) CG 88 72 12 08 Of!'Premises Property Damage Including Care, Custody or Control CIS 88 77 12 08 Medical Expense At Your Request Endorsement C'G 88 80 12 08 Property Damage - Customers' Goods ($100,000 Limit) CG 89 27 10 09 Washington Exclusion - Asbestos CG 91 98 06 15 Disclosure and Notice Concerning ]-Lilly Earned and Minfinun Premium Endorsements CL 01 03 0,3 10 Common Policy Conditions Washington CL 04 65 01 01 Loss Payable Endorsement Washington CL 06 00 01 15 Certified Terrorism Loss CL 07 00 10 06 Vil'US or Bacteria L'xclusion CM 76 13 07 13 Waiver of Theft Deductible IL 01 23 11 13 Washington Changes - Defense Costs IL 01 46 08 10 Washington Common Policy Conditions IL 01 98 09 08 Nuclear Energy Liability Exclusion Endorsement (Broad Form) IL 88 36 01 15 Cali On Losses From Certified Acts Of Terrorism 11, 88 38 01 15 Exclusion of Punitive Damages Related to a Certified Act of" Ferrorisin IM 20 97 04 04 Amendatory Endorsement - Washington IM 70 00 04 04 Contractors' Equipment Coverage I M 79 02 05 04 Loss Payable Schedule To report a Claim, call your Agent or 1-800-362-0000 DS 70 21 11 16 57707923 N0177095 235 INSURED COPY 003074 PAGE 15 OF 128 COMMERCIAL GENERAL LIABILITY CG88701208 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under Section I—Coverage A-Bodily Injury And Property Damage Liability, and for all medical expenses caused by accidents under Section I—Coverage C Medical Payments,which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A,except damages because of"bodily injury" or"property damage" included in the"products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or C. Persons or organizations making claims or bringing"suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by'occurrences" under Section I—Coverage A-Bodily Injury And Property Damage Liability, and for all medical expenses caused by accidents under Section I—Coverage C Medical Payments,which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the"products-completed operations hazard" is provided, any payments for damages because of"bodily injury"or"property damage"included in the"products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III-Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 88 70 12 08 Includes copyrighted material of ISO Properties.Inc.,with its permission. Page 1 of 1 This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY CG 8810 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY—ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 3 ADDITIONAL INSUREDS—BY CONTRACT,AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY—ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS—EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" 6 WHO IS AN INSURED—INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED— 6 FELLOW EMPLOYEE EXTENSION—MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US— 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ©2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A-Bodily Injury And Property Damage Liability, exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance,whether primary,excess(other than insurance written to apply specifically in excess of this policy), contingent or on any other basis,that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2.Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability, Subparagraph (2)of exclusion g.Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY—ELEVATORS 1. Under Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability, Subparagraphs (3),(4)and(6)of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV—Commercial General Liability Conditions,Condition 4.Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs(1), (3)and (4)of this exclusion do not apply to"property damage"(other than damage by fire, lightning,explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4)of this exclusion do not apply to"property damage"to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. C 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n.do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits Of Insurance. 2. Paragraph 6. under Section III—Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 6.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D.EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)- Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an"insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded,the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I—Coverage C—Medical Payments, Subparagraph (b)of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 1. Under Supplementary Payments—Coverages A and B, Paragraph 1.1b. is replaced by the following: b. Up to$3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2.under Section II—Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for"bodily injury","property damage"or"personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the"bodily injury"or"property damage"occurs, or the"personal and advertising injury"is committed, subsequent to the signing of such written contract or written agreement; or ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or C. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to"bodily injury", "property damage", or"personal and advertising injury"arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to"bodily injury"or"property damage"included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings,canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However, 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b.above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c.above,this insurance does not apply to any"occurrence"which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the"bodily injury"or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured as required in Paragraph b.of Condition 2. Duties In the Event Of Occurrence, Offense,Claim Or Suit under Section IV—Commercial General Liability Conditions. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement,the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury"or"property damage"arising from the sole negligence of the additional insured. b. "Bodily injury"or"property damage"that occurs prior to you commencing operations at the location where such"bodily injury"or"property damage"occurs. C. "Bodily injury", "property damage"or"personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps,shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury"or"property damage", or the offense which caused the"personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4.Other Insurance of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory,this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an"occurrence"or an offense that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit"by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III—Limits of Insurance of this policy, whichever are less.These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS 1 MALPRACTICE WHO IS AN INSURED-FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury'or"personal and advertising injury": (a) To you, to your partners or members(if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse,child, parent, brother or sister of that co-"employee"or"volunteer worker"as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs(1)(a)or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d))does not apply. ©2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 Paragraphs(a)and (b)above do not apply to"bodily injury" or"personal and advertising injury"caused by an "employee"who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's"job responsibilities assigned by you, includes the direct supervision of other"employees" of yours. However, none of these"employees" are insureds for"bodily injury"or"personal and advertising injury'arising out of their willful conduct, which is defined as the purposeful or willful intent to cause"bodily injury"or"personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization; and C. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV—Commercial General Liability Conditions,the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior"occurrences"existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior"occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV—Commercial General Liability Conditions,the following is added to Condition 2. Duties In The Event of Occurrence,Offense,Claim Or Suit: Knowledge of an"occurrence",offense, claim or"suit"by an agent, servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II—Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or"suits"shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V—Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury'means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. O 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US—WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV— Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard"provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. ®2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG 85 83 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products-completed operations hazard". However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit' by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. 'Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or"property damage" occurs. 2. 'Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. © 2013 Liberty Mutual Insurance CG 86 83 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission . Page 1 of 2 C. With respect to the insurance afforded by this endorsement, exclusion I. Damage To Your Work of Paragraph 2. Exclusions under Section I -Coverage A- Bodily Injury And Property Damage Liability is replaced by the following: I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard". D. With respect to the insurance afforded to these additional insureds, the following is added to Section 11 - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. $ E. With respect to the insurance afforded by this endorsement, Section IV - Commercial General Liability s Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. Paragraph 4. of Section IV -Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. © 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission . Page 2 of 2 COMMERCIAL AUTO CA 8810 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: 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 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 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 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN/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 RECOVERY AGAINST OTHERS TO US 19 SECTION II—LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED 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 specifically 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 days 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; @2010 Liberty Mutual Insurance Company.Al rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 7 (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 AS INSUREDS SECTION II—LIABILITY COVERAGE, paragraph A.I. —WHO IS AN INSURED is amended to include the following as an insured: f. Any"employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any"employee". 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 related 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, paragraphs (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 bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to$500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to 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 @2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 2 of 7 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 anyone"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 cost of repairing or replacing the damaged or stolen property with other property of 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. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered"auto"you own. 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 labor 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 disabled: a. For private passenger type vehicles,we will pay up to$50 per disablement. b. For"light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight(GVW) of 10,000 pounds or less. c. For"medium trucks" , we will pay up to$150 per disablement. "Medium trucks"are trucks that have a gross vehicle weight(GVW)of 10,001 —20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a., Coverage Extension of SECTION III—PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 @2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. 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, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the"accident"or"loss"to the covered"auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle,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" available for your use and operation cannot fill. e. 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. f. 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: 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 III —PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: 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 warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: @2010 Liberty Mutual Insurance Company.All rights reserved. CABS 10 01 10 Includes copyrighted material of Insurance Services Once,with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. 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 I LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: 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: 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 of: a. Overdue payments and financial penalties associated with those payments as of the date of the"loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal 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", L 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 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. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 8810 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 5 of 7 15. 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. 16. 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 lbs. 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 parked; and c. Unoccupied. The"loss" must 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 does 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 entirety 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.5.,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. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,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—DEFINTIONS, definition C. is replaced by the following: "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 COMMON POLICY CONDITIONS, paragraph A.—CANCELLATION condition applies except as follows: 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 cancellation. ©2010 Liberty Mutual Insurance Company.Al rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 7 of 7 This page has been left blank intentionally, CU 88 39 07 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITION OF INSURED This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART Paragraph F.5. under SECTION V. DEFINITIONS is replaced by the following: 5. Any person or organization who qualifies as an insured in the "underlying insurance" and does not qualify as an "Insured" in paragraphs 1., 2., 3.,4., 6., 7., or 8. of this definition F., but not beyond the extent of any limitation imposed under any contract or agreement. However: a. The coverage provided to such person or organization by this insurance: (1) Applies only to the extent permitted by law; and (2) Will not be broader than the coverage afforded by the applicable "underlying insurance"; and b. If coverage provided to such person or organization is required by a contract or agreement, the limits of insurance afforded to that person or organization will be: (1) The difference between the applicable "underlying insurance" limits and the minimum limits of insurance which you agreed to provide in a contract or agreement; or (2) The amount of insurance available under the applicable Limits of Insurance shown in the Declarations of this policy whichever is less. If the minimum limits of insurance you agreed to provide such person or organization in a contract or agreement are wholly within the "underlying insurance", this policy shall not apply. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. This endorsement does not change any other provision of the policy. © 2014 Liberty Mutual Insurance.All rights reserved. CU 88 39 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 This page has:been left blank intentionally. CU 60 02 06 97 COMMERCIAL UMBRELLA COVERAGE FORM There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words"you"and"your" refer to the Named Insured as defined in Insuring Agreement,V. DEFINITIONS.The words"we,""us"and"our"refer to the Company providing this insurance. The word"Insured"means any person or organization qualifying as such in Insuring Agreement,V. DEFINITIONS. Words and phrases that appear in quotation marks have special meaning and can be found in the DEFINITION Section or the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations we agree with you to provide coverage as follows: INSURING AGREEMENTS I. COVERAGE We will pay on behalf of the"Insured"those sums in excess of the"Retained Limit"that the"Insured"becomes legally obligated to pay by reason of liability imposed by law or assumed by the"Insured" under an"insured contract"because of"bodily injury,""property damage,""personal injury,"or"advertising injury"that takes place during the Policy Period and is caused by an "occurrence"happening anywhere. The amount we will pay for damages is limited as described below in the Insuring Agreement Section 11. LIMITS OF INSURANCE. II. LIMITS OF INSURANCE A. The Limits of Insurance shown in Item 4.of the Declarations and the rules below state the most we will pay regardless of the number of: 1. "Insureds'; 2. "claims"made or"suits" brought; or 3. persons or organizations making"claims"or bringing"suits." B. The General Aggregate Limit is the most we will pay for all damages covered under the Insuring Agreement in Section I., except: 1. damages included in the"products-completed operations hazard"; and 2. coverages included in the policies listed in the Schedule of Underlying Insurance to which no underlying aggregate limit applies. The amount stated on the Declarations as the General Aggregate Limit is the most we will pay for all damages arising out of any"bodily injury,""property damage,""personal injury,"or"advertising injury' subject to an aggregate limit in the"underlying insurance."The General Aggregate Limit applies separately and in the same manner as the aggregate limits in the"underlying insurance." C. The Products-Completed Operations Aggregate Limit is the most we will pay for all damages included in the"products-completed operations hazard." D. Subject to B.or C. in Section II. LIMITS OF INSURANCE,whichever applies,the Each Occurrence Limit is the most we will pay for"bodily injury,""property damage,""personal injury,"or"advertising injury" covered under the Insuring Agreement in Section I. because of all'bodily injury,""property damage," "personal injury,"or"advertising injury"arising out of any one"occurrence." CU 60 02 06 97 (Page 1 of 15) E. If the applicable Limits of Insurance of the policies listed in the Schedule of Underlying Insurance or of other insurance providing coverage to the"Insured"are reduced or exhausted by actual payment of one or more"claims,"subject to the terms and conditions of this policy,we will: 1. in the event of reduction, pay in excess of the reduced underlying Limits of Insurance, or; 2. in the event of exhaustion, continue in force as"underlying insurance," but for no broader coverage than is available under this policy. F. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case,the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. G. Retained Limit We will be liable only for that portion of damages, subject to the Each Occurrence Limit stated in the Declarations, in excess of the"retained limit,"which is the greater of: 1. the total amounts stated as the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance and the applicable limits of any other insurance providing coverage to the "Insured"during the Policy Period; or 2. the amount stated in the Declarations as Self-Insured Retention as a result of any one "occurrence" not covered by the underlying policies listed in the Schedule of Underlying Insurance nor by any other insurance providing coverage to the"Insured"during the Policy Period; and then up to an amount not exceeding the Each Occurrence Limit as stated in the Declarations. Once the Self-Insured Retention has been exhausted by actual payment of"claims"in full by the "Insured,"the Self-Insured Retention will not be reapplied or again payable by the"Insured"for said Policy Period. III. DEFENSE A. We will have the right and duty to investigate any"claim"and defend any"suit"seeking damages covered by the terms and conditions of this policy when: 1. the applicable Limits of Insurance of the underlying policies listed in the Schedule of Underlying Insurance and the Limits of Insurance of any other insurance providing coverage to the"Insured" have been exhausted by actual payment of"claims"for any"occurrence"to which this policy applies; or 2. damages are sought for any"occurrence"which is covered by this policy but not covered by any underlying policies listed in the Schedule of Underlying Insurance or any other insurance providing coverage to the"Insured." B. When we assume the defense of any"claim"or"suit": 1. We will investigate any"claim"and defend any"suit"against the"Insured"seeking damages on account of any"occurrence"covered by this policy. We have the right to investigate, defend and settle the"claim"or"suit"as we deem expedient. 2. All expenses we incur in the investigation of any"claim"or defense of any"suit"are in addition to our Limits of Insurance. CU 60 02 06 97 (Page 2 of 15) 3. We will pay the following as expenses, to the extent that they are not included in the coverage in the underlying policies listed in the Schedule of Underlying Insurance or in any other insurance providing coverage to the"Insured": a. premiums on bonds to release attachments,which bond amounts will not exceed our Limits of Insurance, but we are not obligated to apply for or furnish any such bond; b. premiums on appeal bonds, which bond amounts will not exceed our policy limits, required by law to appeal any"claim" or"suit"we defend, but we are not obligated to apply for or furnish any such bond; C. all costs taxed against the"Insured"in any"claim"or"suit"we defend; d. pre judgment interest awarded against the"Insured"on that part of the judgment we pay that is within our applicable Limits of Insurance. If we make an offer to pay the applicable Limits of Insurance, we will not pay any pre-judgment interest based on the period of time after the offer; e. all interest that accrues after entry of judgment and before we have paid, offered to pay or deposited in court the part of the judgment that is within our applicable Limit of Insurance; f. the"Insured's"actual and reasonable expenses incurred at our request. C. We will not investigate any"claim"or defend any"suit"after our applicable Limits of Insurance have been exhausted by payment of judgments or settlements. D. In all other instances except Subsection A. in Section III. DEFENSE,we will not be obligated to assume charge of the investigation, settlement or defense of any"claim"or"suit"against the"Insured." We will, however, have the right and will be given the opportunity to participate in the settlement, defense and trial of any"claim"or"suit"relative to any"occurrence"which, in our opinion, may create liability on our part under the terms of this policy. If we exercise such right,we will do so at our own expense. IV. EXCLUSIONS This insurance does not apply to: A. "Bodily injury" or"property damage"expected or intended from the standpoint of the"Insured." This exclusion does not apply to"bodily injury"resulting from the use of reasonable force to protect persons or property. B. Any obligation of the"Insured"under a Workers Compensation, Unemployment Compensation or Disability Benefits Law, or under any similar law, regulation or ordinance. C. Any obligation of the"Insured" under the Employee Retirement Income Security Act of 1974 or any amendments to that act, or under any similar law, regulation or ordinance. D. Any obligation of the"Insured" under a No Fault, Uninsured Motorist or Underinsured Motorist law, or under any similar law, regulation or ordinance. E. "Property damage"to"impaired property"or property that has not been physically injured, arising out of: 1. a defect, deficiency, inadequacy or dangerous condition in"your product"or"your work"; or 2. a delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to"your product"or"your work"after it has been put to its intended use. CU 60 02 06 97 (Page 3 of 15) F. "Property damage"to"your product"arising out of it or any part of it. G. "Property damage"to"your work"arising out of it or any part of it and included in the"products-completed operations hazard." This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. H. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use,withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: 1. "your product'; 2. "your work"; or 3. "impaired property" if such product,work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. I. "Property damage"to property owned by the"Insured." J. "Personal injury"or"advertising injury": 1. arising out of oral,written,televised,videotaped, or electronic publication of material, if done by or at the direction of the"Insured"with knowledge of its falsity; 2. arising out of oral,written,televised, videotaped,or electronic publication of material whose first publication took place before the beginning of the policy period; 3. arising out of the willful violation of a penal statute or ordinance committed by or with consent of the"Insured'; or 4. for which the"Insured" has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the"Insured"would have in the absence of the contract or agreement. K. "Advertising injury"arising out of: 1. breach of contract, other than misappropriation of advertising ideas under an implied contract; 2. the failure of goods, products or services to conform with advertised quality or performance; 3. the wrong description of the price of goods, products or services; or 4. an offense committed by an"Insured"whose business is advertising, broadcasting, publishing or telecasting. L. Any liability, including but not limited to settlements,judgments, costs, charges,expenses, costs of investigations, or the fees of attorneys, experts, or consultants, arising out of or in any way related to: 1. The actual, alleged or threatened presence, discharge, dispersal,seepage, migration, release,or escape of"pollutants,"however caused. 2. Any request, demand or order that any"Insured"or others test for, monitor,clean-up, remove, contain,treat, detoxify, neutralize or in any way respond to or assess the effects of"pollutants." This includes demands, directives, complaints, "suits,"orders or requests brought by any governmental entity or by any person or group of persons. 3. Steps taken or amounts incurred by a governmental unit or any other person or organization to test for, monitor, clean-up, remove, contain,treat, detoxify or neutralize or assess the effects of "pollutants." This exclusion will apply to any liability, costs, charges,or expenses, or any judgments or settlements, arising directly or indirectly out of pollution whether or not the pollution was sudden, accidental, gradual, intended, expected, unexpected, preventable or not preventable. CU 60 02 06 97 (Page 4 of 15) As used in this exclusion"pollutants" means any solid, liquid,gaseous, or thermal irritant or contaminant, including, but not limited to smoke, vapor, soot,fumes, acids, alkalis, chemicals and waste material. Waste material includes materials which are intended to be or have been recycled, reconditioned or reclaimed. M. "Bodily injury"or"property damage"due to war,whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. N. Any liability, including, but not limited to settlements,judgments, costs, charges, expenses, costs of investigations, or the fees of attorneys, experts, or consultants arising out of or related in any way, either directly or indirectly,to: 1. asbestos, asbestos products, asbestos-containing materials or products, asbestos fibers or asbestos dust, including, but not limited to, manufacture, mining, use, sale, installation, removal, or distribution activities; 2. exposure to testing for, monitoring of,cleaning up, removing, containing or treating of asbestos, asbestos products, asbestos-containing materials or products, asbestos fibers or asbestos dust; or 3. any obligation to investigate, settle or defend, or indemnify any person against any"claim"or"suit" arising out of, or related in any way, either directly or indirectly,to asbestos, asbestos products, asbestos-containing materials or products, asbestos fibers or asbestos dust. 0. "Bodily injury,""property damage,""personal injury"or"advertising injury"arising out of any: 1. refusal to employ or promote; 2. termination of employment; 3. coercion, demotion, evaluation, reassignment, discipline,defamation, harassment, molestation, humiliation,discrimination or other employment related practices, policies, acts or omissions; or 4. consequential"bodily injury,""property damage,""personal injury"or"advertising injury"as a result of 0.1.through 0.3. This exclusion applies whether the"Insured"may be held liable as an employer or in any other capacity and to any obligation to share damages with or to repay someone else who must pay damages because of"bodily injury,""property damage,""personal injury"or"advertising injury." P. 'Bodily injury,""property damage,""personal injury"or"advertising injury"excluded by the Nuclear Energy Liability Exclusion attached to this Policy. Q. The following Items 1.through 4., except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy: 1. Liability of any employee with respect to"bodily injury,""property damage,""personal injury"or "advertising injury"to you or to another employee of the same employer injured in the course of such employment. 2. "Bodily injury"or"property damage"arising out of the ownership, maintenance,operation, use, "loading"or"unloading"of any watercraft, if such watercraft is owned, or chartered without crew, by or on behalf of any"Insured." This exclusion will not apply to watercraft while ashore on any premises owned by, rented to, or controlled by you. 3. "Bodily injury'or"property damage"arising out of the ownership, maintenance, operation, use, "loading"or"unloading"of any aircraft, if such aircraft is owned, or hired without pilot or crew, by or on behalf of any"Insured." CU 60 02 06 97 (Page 5 of 15) 4. "Bodily injury"to: a. an employee of any"Insured"arising out of and in the course of: i. employment by any"Insured'; or ii. performing duties related to the conduct of any"Insured's"business; or b. the spouse, child, parent, brother or sister of that employee as a consequence of Paragraph 4.a. This exclusion applies: a. whether any"Insured"may be liable as an employer or in any other capacity; and b. to any obligation to share damages with or repay someone else who must pay damages because of the injury. V. DEFINITIONS A. "Advertising injury" means injury arising solely out of advertising activities of any"Insured"as a result of one or more of the following offenses during the policy period: 1. oral,written, televised, videotaped, or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; 2. oral,written, televised, videotaped, or electronic publication of material that violates a person's right of privacy; 3. misappropriation of advertising ideas or style of doing business; 4. infringement of copyright,title or slogan; or 5. mental injury, mental anguish, humiliation, or shock, if directly resulting from Items A.1.through A.4. B. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. "Auto"does not include"mobile equipment." C. "Bodily injury"means physical injury, sickness, or disease, including death of a person. "Bodily injury"also means mental injury, mental anguish, humiliation,or shock if directly resulting from physical injury, sickness, or disease to that person. D. "Claim"means any demand for monetary damages upon an "Insured" resulting from a covered "occurrence." E. "Impaired property"means tangible property, other than "your product"or"your work,"that cannot be used or is less useful because: 1. it incorporates"your product"or"your work"that is known or thought to be defective, deficient, inadequate or dangerous; or 2. you have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: 1. the repair, replacement, adjustment or removal of"your product"or"your work"; or 2. your fulfilling the terms of the contract or agreement. F. "Insured"means each of the following,to the extent set forth: 1. The Named Insured meaning: a. Any person or organization listed in Item 1. of the Declarations, and any Company of which you own more than 50%, as of the effective date of this policy. b. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company, and over which you maintain ownership or majority interest,will qualify to be a Named Insured. However: CU 60 02 06 97 (Page 6 of 15) (1) coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period,whichever is earlier; (2) coverage does not apply to"bodily injury,""property damage,""personal injury'or "advertising injury"that occurred before you acquired or formed the organization; and (3) coverage applies only if the organization is included under the coverage provided by the policies listed in the Schedule of Underlying Insurance and then for no broader coverage than is provided under such underlying policies. 2. If you are an individual, you and your spouse, but only with respect to the conduct of a business of which you are the sole owner as of the effective date of this policy. 3. If you are a partnership or joint venture,the partners or members and their spouses but only as respects the conduct of your business. 4. If you are a limited liability company, the members or managers but only as respects the conduct of your business. S. Any person or organization, other than the Named Insured, included as an additional"Insured" by virtue of an "insured contract,"and to which coverage is provided by the"underlying insurance," and for no broader coverage than is provided by the"underlying insurance"to such additional "Insured." 6. Any of your partners, executive officers, directors, or employees but only while acting within the scope of their duties. However, the coverage granted by this Provision 6.does not apply to the ownership, maintenance, use, "loading"or"unloading"of any"autos,"aircraft or watercraft unless such coverage is included under the policies listed in the Schedule of Underlying Insurance and for no broader coverage than is provided under such underlying policies. Employees include"leased workers"but not"temporary workers." "Leased workers"are leased to you by a labor teasing firm under an agreement between you and the labor leasing firm to perform related duties to the conduct of your business. "Leased workers"are not"temporary workers." "Temporary workers"are persons furnished to you to substitute for permanent employees on leave or to meet seasonal or short-term workload conditions. 7. Any person, other than one of your employees, or organization while acting as your real estate manager. 8. Any person (other than your partners, executive officers, directors, stockholders.or employees)or organizations with respect to any"auto"owned by you, loaned to you or hired by you or on your behalf and used with your permission. However, the coverage granted by this Provision 8. does not apply to any person using an"auto" while working in a business that sells, services, repairs or parks"autos"unless you are in that business. 9. No person or organization is an "Insured"with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. G. "Insured contract"means any oral or written contract or agreement entered into by you and pertaining to your business under which you assume the"tort liability'of another party to pay for"bodily injury"or "property damage"to a third person or organization, provided that the"bodily injury"or"property damage" occurs subsequent to the execution of the contract or agreement. "Tort liability" means a civil liability that would be imposed by law in the absence of any contract or agreement. CU 60 02 06 97 (Page 7 of 15) H. "Loading"or"unloading"means the handling of property: 1. after it is removed from the place where it is accepted for movement into or onto an aircraft, watercraft or"auto"; 2. while it is in or on an aircraft,watercraft or"auto'; 3. while it is being moved from an aircraft, watercraft or"auto"to the place where it is finally delivered. However, "loading"or"unloading"does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft,watercraft or"auto." I. "Mobile equipment"means any of the following types of land vehicles, including any attached machinery or equipment: 1. bulldozers,farm machinery,forklifts and other vehicles designed for use principally off public roads; 2. vehicles maintained for use solely on or next to premises you own or rent; 3. vehicles that travel on crawler treads; 4. vehicles,whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. power cranes, shovels, loaders, diggers or drills;or b_ road construction or resurfacing equipment such as graders, scrapers or rollers; 5. vehicles not described in 1.,2.,3.,or 4.above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. air compressors, pumps and generators, including spraying,welding, building cleaning, geophysical exploration, lighting and well servicing equipment or b. cherry pickers and similar devices used to raise or lower workers; 6. vehicles not described in 1.,2.,3.,or 4.above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not"mobile equipment"but will be considered"autos": a. equipment designed primarily for: (1) snow removal; (2) road maintenance, but not construction or resurfacing; or (3) street cleaning; b. cherry pickers and similar devices mounted on auto or truck chassis and used to raise or lower workers; and C. air compressors, pumps and generators, including spraying,welding, building cleaning, geophysical exploration, lighting and well servicing equipment. J. "Occurrence"means: 1. as respects"bodily injury'or"property damage,"an accident, including continuous or repeated exposure to substantially the same general harmful conditions; 2. as respects"personal injury,"an offense arising out of the business of any"Insured"that results in "personal injury." All damages that arise from the same or related injurious material or acts will be considered as arising out of one"occurrence,"regardless of the frequency or repetition thereof, the number and kind of media used and the number of claimants; CU 60 02 06 97 (Page 8 of 15) 3. as respects"advertising injury,"an offense committed in the course of advertising your goods, products and services that results in"advertising injury." All damages that arise from the same or related injurious material or acts will be considered as arising out of one"occurrence,"regardless of the frequency or repetition thereof, the number and kind of media used and the number of claimants. K. "Personal injury"means injury other than"bodily injury'or"advertising injury"arising out of one or more of the following offenses during the policy period: 1. false arrest, detention or imprisonment; 2. malicious prosecution; 3. the wrongful eviction from,wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; 4. oral,written,televised, videotaped, or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; 5. oral,written, televised,videotaped, or electronic publication of material that violates a person's right of privacy;or 6. mental injury, mental anguish, humiliation, or shock, if directly resulting from Items K.1.through 5. L. 1. "Products-completed operations hazard"means all"bodily injury'and "property damage"from an "occurrence"taking place away from premises you own or rent and arising out of"your product"or "your work"except: a. products that are still in your physical possession; or b. work that has not yet been completed or abandoned. 2. "Your work"will be deemed completed at the earliest of the following times: a When all of the work called for in your contract has been completed. b. When all of the work to be done at the site has been completed if your contract calls for work at more than one site. C. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance,correction, repair or replacement, but which is otherwise complete,will be treated as completed. 3. This"products-completed operations hazard"does not include"bodily injury"or"property damage" arising out of: a. the transportation of property, unless the injury or damage arises out of a condition in or on a vehicle created by the"loading"or"unloading" of it; b. the existence of tools, uninstalled equipment or abandoned or unused materials. M. "Property damage"means: 1. physical injury to tangible property, including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it; or 2. loss of use of tangible property that is not physically injured. All such loss will be deemed to occur at the time of the"occurrence"that caused it. N. "Suit"means a civil proceeding which seeks monetary damages because of"bodily injury,""property damage,""personal injury,"or"advertising injury"to which this insurance applies. "Suit" includes: CU 60 02 06 97 (Page 9 of 15) 1. an arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. O. "Underlying insurance"means the insurance coverage provided under policies shown in the Schedule of Underlying Insurance, or any additional policies agreed to by us in writing. It includes any policies issued to replace those policies during the term of this insurance that provide: 1. at least the same policy limits; and 2. insurance for the same hazards, except as to any modifications which are agreed to by us in writing. P. "Your product"means: 1. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: a. you; b. others trading under your name; or C. a person or organization whose business or assets you have acquired; and 2. Containers(other than vehicles) materials, parts or equipment furnished in connection with such goods or products. "Your product"includes: 1. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your product'; and 2. the providing of or failure to provide warnings or instructions. "Your product"does not include vending machines or other property rented to or located for the use of others but not sold. Q. "Your work" means: 1. work or operations performed by you or on your behalf; and 2. materials, parts or equipment furnished in connection with such work or operations. "Your work" includes: 1. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of"your work'; and 2. the providing of or failure to provide warnings or instructions. VI. Conditions A. Appeals If the"Insured"or an"Insured's"underlying insurers do not appeal a judgment in excess of the"retained limit,"we have the right to make such an appeal. If we elect to appeal, our liability on such an award or judgment will not exceed our Limits of Insurance as stated in Item 4.of the Declarations plus the cost and expense of such appeal. B. Audit We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three years after the expiration or termination of this policy. C. Bankruptcy or Insolvency The bankruptcy, insolvency or inability to pay of any"Insured"or the bankruptcy, insolvency or inability to pay of any of the Underlying Insurers will not relieve us from the payment of any"claim"or"suit"covered by this policy. Under no circumstances will such bankruptcy, insolvency or inability to pay require us to drop down and replace the"retained limit"or assume any obligation with the"retained limit." CU 60 02 06 97 (Page 10 of 15) D. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy. If we cancel because of nonpayment of premium,we must mail or deliver to you not less than ten (10)days advance written notice stating when the cancellation is to take effect. If we cancel for any other reason,we must mail or deliver to you not less than thirty (30)days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1.of the Declarations will be sufficient to prove notice. 3. The policy period will end on the day and hour stated in the cancellation notice. 4. If we cancel,final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the Minimum Premium as shown in Item 3.of the Declarations. 5. If you cancel,final premium will be more than pro rata; it will be based on the time this policy was in force and increased by our short rate cancellation table and procedure. Final premium will not be less than the Minimum Premium as shown in Item 3.of the Declarations. 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative's check, mailed or delivered,will be sufficient tender of any refund due you. 7. The first Named Insured in Item 1. of the Declarations will act on behalf of all other"Insured's" with respect to the giving and receiving of notice of cancellation and the receipt of any refund that may become payable under this policy. 8. Any of these provisions that conflict with a law that controls the cancellation of the insurance in this policy is changed by this statement to comply with the law. E. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy and that is signed by one of our authorized representatives. F. Duties in The Event of An Occurrence,Claim Or Suit 1. You must see to it that we are notified as soon as practicable of an"occurrence"which may result in a"claim"or"suit" under this policy. To the extent possible, notice will include: a. how,when and where the"occurrence"took place; b. the names and addresses of any injured person and witnesses; C. the nature and location of any injury or damage arising out of the"occurrence." 2. If a"claim"or"suit"against any"Insured" is reasonably likely to involve this policy you must notify us in writing as soon as practicable. 3. You and any other involved"Insured"must: a. immediately send us copies of any demands, notices, summonses or legal papers received in connection with the"claim"or"suit'; b. authorize us to obtain records and other information; CU 60 02 06 97 (Page 11 of 15) C. cooperate with us in the investigation, settlement or defense of the"claim"or"suit'; and d. assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the"Insured"because of injury or damage to which this insurance may also apply. 4. The"Insured's"will not, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid,without our consent. G. Inspection We have the right, but are not obligated,to inspect the premises and operations of any"Insured"at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations of any"Insured"and the premiums to be charged. We may give you reports on the conditions we find. We may also recommend changes. While they may help reduce losses,we do not undertake to perform the duty of any person or organization to provide for the health or safety of any employees or the public. We do not warrant that the premises or operations of any"Insured"are safe or healthful or that they comply with laws, regulations, codes or standards. H. Legal Actions Against Us There will be no right of action against us under this insurance unless: 1. you have complied with all the terms of this policy; and 2. the amount you owe has been determined by settlement with our consent or by actual trial and final judgment; This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. I. Maintenance of Underlying Insurance During the period of this policy, you agree: 1. to keep the policies listed in the Schedule of Underlying Insurance in full force and effect; 2. that any renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be more restrictive in coverage; 3. that the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of aggregate limits by payment of"claims"or "suits"for"occurrences"covered by"underlying insurance'; and 4. that the terms, conditions and endorsements of the policies listed in the Schedule of Underlying Insurance will not change during the period of this policy such as to increase the coverage afforded under this policy. If you fail to comply with these requirements,we will only be liable to the same extent that we would have been had you fully complied with these requirements. J. Other Insurance If other insurance applies to a loss that is also covered by this policy,this policy will apply excess of the other insurance. Nothing herein will be construed to make this policy subject to the terms, conditions and limitations of such other insurance. However,this provision will not apply if the other insurance is specifically written to be excess of this policy. K. Premium The first Named Insured designated in Item 1.of the Declarations will be responsible for payment of all premiums when due. The premium for this policy will be computed on the basis set forth in Item 3. of the Declarations. At the beginning of the policy period,you must pay us the Advance Premium shown in Item 3. of the Declarations. CU 60 02 06 97 (Page 12 of 15) When this policy expires or if it is canceled,we will compute the earned premium for the time this policy was in force. If this policy is subject to audit adjustment,the actual exposure basis will be used to compute the earned premium. If the earned premium is greater than the Advance Premium, you will promptly pay us the difference. If the earned premium is less than the Advance Premium, we will return the difference to you. But in any event we will retain the Minimum Premium as shown in Item 3. of the Declarations for each twelve months of our policy period. L. SEPARATION OF INSUREDS Except with respect to our Limits of Insurance and any rights or duties specifically assigned to the first Named Insured designated in Item 1. of the Declarations,this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each"Insured" against whom"claim"is made or"suit"brought. M. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any"Insured" has rights to recover all or part of any payment we have made under this policy,those rights are transferred to us. The"Insured"must do nothing after loss to impair those rights and must help us enforce them. Any recoveries will be applied as follows: 1. any interests, including the"Insured,"that have paid an amount in excess of our payment under this policy will be reimbursed first; 2. we then will be reimbursed up to the amount we have paid; and 3. lastly, any interests, including the"Insured,"over which our insurance is excess, are entitled to claim the residue. Expenses incurred in the exercise of rights of recovery will be apportioned between the interests, including the"Insured,"in the ratio of their respective recoveries as finally settled. N. TERMS CONFORMED TO STATUTE The terms of this Policy which are in conflict with the statutes of the state where this Policy is issued are amended to conform to such statutes. If we are prevented by law or statute from paying on behalf of an"Insured,"then we will,where permitted by law or statute, indemnify the"Insured"for those sums in excess of the"retained limit." O. TRANSFER OF YOUR RIGHTS AND DUTIES Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However, notice of cancellation sent to the first Named Insured designated in Item 1. of the Declarations and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. P. WHEN LOSS IS PAYABLE Coverage under this policy will not apply unless and until any"Insured"or an"Insured's"underlying insurer is obligated to pay the"retained limit." When the amount of loss has finally been determined, we will promptly pay on behalf of the"Insured"the amount of loss falling within the terms of this policy. You will promptly reimburse us for any amount within the Self-Insured Retention advanced by us at our discretion on behalf of any"Insured." CU 60 02 06 97 (Page 13 of 15) NUCLEAR ENERGY LIABILITY EXCLUSION This policy does not apply to: 1. Any liability, injury or damage: a. with respect to which any"Insured" under the policy is also an"Insured"under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an "Insured" under any such policy but for its termination upon exhaustion of its Limits of Insurance; or b. resulting from the"hazardous properties"of"nuclear material"and with respect to which(a)a person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or(b)any"Insured"is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. Any injury or"nuclear property damage"resulting from the"hazardous properties"of"nuclear material," if: a. the"nuclear material"(a) is at any"nuclear facility"owned by, or operated by or on behalf of, any"Insured" or(b) has been discharged or dispersed therefrom; b. the"nuclear material' is contained in "spent fuel"or"nuclear waste"at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of any"Insured`; or C. the injury or"nuclear property damage"arises out of the furnishing by any"Insured"of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this Exclusion 2.c. applies only to"nuclear property damage"to such"nuclear facility'and any property therein. 3. As used in this exclusion: a. "Hazardous properties"includes radioactive, toxic or explosive properties. b. "Nuclear facility"means: i. any"nuclear reactor' ii. any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel"or (3) handling, processing or packaging"nuclear waste'; III. any equipment or device used for the processing,fabricating or alloying of"special nuclear material"if at any time the total amount of such material in the custody of any"Insured"at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; iv. any structure, basin, excavation, premises or place prepared or used for the storage or disposal of, "nuclear waste,"and includes the site on which any of the foregoing is located, all operations considered on such site and all premises used for such operations. C. "Nuclear material" means"source material,""special nuclear material'or by-product material. d. "Nuclear property damage" includes all forms of radioactive contamination of property. CU 60 02 06 97 (Page 14 of 15) e. "Nuclear reactor"means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. f. "Nuclear waste" means any nuclear waste material(a)containing"by-product material"other than the tailings of nuclear waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its"source material"content, and (b) resulting from the operation by any person or organization of any"nuclear facility"included within the definition of"nuclear facility" under Paragraph 3.b.i. or 3.b.ii. g. "Source material,""special nuclear material,"and"by-product material"have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. h. "Spent fuel"means any fuel element or fuel component, solid or liquid,which has been used or exposed to radiation in a"nuclear reactor." This endorsement does not change any other provision of the policy. In Witness Whereof,we have caused this policy to be executed and attested, but this policy will not be valid unless countersigned by one of our duly authorized representatives,where required by law. CU 60 02 06 97 (Page 15 of 15) This page has been left blank intentionally. CU 64 9512 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provisions of the policy. CU 64 95 12 07 This page has been left blank intentionally. KENT SPECIAL PROVISIONS TABLE OF CONTENTS PAGE DIVISION 1 GENERAL REQU I REMENTS ..................................... 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 ................................................. 1-17 1-09 Measurement and Payment .............................................. 1-21 1 -10 Temporary Traffic Control.........................................................1 -22 DIVISION 2 EARTHWORK.......................................................... 2-1 2-01 Clearing, Grubbing, and Roadside Cleanup ......................... 2-1 2-03 Roadway Excavation and Embankment .............................. 2-1 2-07 Watering ....................................................................... 2-1 DIVISION 6 STRUCTURES...........................................................6-1 6-17 Permanent Ground Anchors.............................................. 6-1 DIVISION 8 MISCELLANEOUS CONSTRUCTION ......................... 8-1 8-01 Erosion Control and Water Pollution Control........................ 8-1 8-02 Roadside Restoration....................................................... 8-8 8-33 Engineered Logjam Construction ....................................... 8-11 8-34 Fish Exclusion ................................................................ 8-12 8-35 Property Restoration ....................................................... 8-13 DIVISION 9 MATERIALS............................................................ 9-1 9-06 Structural Steel and Related Materials ............................... 9-1 9-14 Erosion Control and Roadside Planting ............................... 9-1 9-37 Miscellaneous Stream Construction Materials ...................... 9-5 HYDRAULIC PROJECT APPROVAL.................................................... A-1 PREVAILING WAGE RATES.............................................................. A-2 Habitat Conservation Measure 6/Schleicher 1 April 19, 2017 Project Number: 13-3007.6 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 1-0 1.2(2) IS SUPPLEMENTED BY ADDI NG THE FOLLOWING: 1-01.2(2) Items of Work and Units of Measurement EA Each Eq. Adj. Equitable Adjustment FA Force Account HR Hour M GAL Thousand gallons NIC Not In Contract SF Square Feet SECTION 1-01.3, "CONTRACT"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 Habitat Conservation Measure 6/Schleicher 1 - 1 April 19, 2017 Project Number: 13-3007.6 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 BY ADDING 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 sole judgment, Habitat Conservation Measure 6/Schleicher 1 - 2 April 19, 2017 Project Number: 13-3007.6 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/doing-business/bids- 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 Habitat Conservation Measure 6/Schleicher 1 - 3 April 19, 2017 Project Number: 13-3007.6 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: 1-02.1 O Withdrawing, Revising, or Supplementing Proposal After submitting a Bid Proposal to the Contracting Agency, the Bidder may withdraw or revise it if: 1 . The Bidder submits a written request signed by an authorized person, and 2. The Contracting Agency receives the request before the time for opening Bids. The original Bid Proposal may be revised and resubmitted as the official Bids Proposal if the Contracting Agency receives it before the time for opening Bids. SECTION 1-02.11 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-02.11 Combination and Multiple Proposals No person, firm or corporation shall be allowed to make, file, or be interested in more than one bid for the same work unless alternate bids are specifically called for; however, a person, firm, or corporation that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder is not disqualified from submitting a subproposal or quoting prices to other bidders or from making a prime proposal. SECTION 1-02.13 IS REVISED BY DELETING ITEM 1(a) AND REPLACING ITEM 1(a) WITH THE FOLLOWING: 1-02.13 Irregular Proposals a. The bidder is not prequalified when so required. Habitat Conservation Measure 6/Schleicher 1 - 4 April 19, 2017 Project Number: 13-3007.6 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 "60 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 Habitat Conservation Measure 6/Schleicher 1 - 5 April 19, 2017 Project Number: 13-3007.6 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. Habitat Conservation Measure 6/Schleicher 1 - 6 April 19, 2017 Project Number: 13-3007.6 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. Habitat Conservation Measure 6/Schleicher 1 - 7 April 19, 2017 Project Number: 13-3007.6 1-05 CONTROL OF WORK DIVISION 1 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 1-05.8 City's Right to Correct Defective and Unauthorized Work If the Contractor fails to remedy defective or unauthorized work within the time specified 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. Regulatory agency staff may be present on-site while the work is being performed, however the Contractor shall not take direction from anyone other than the Engineer. 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, to 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. SECTION 1-05.9 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 Habitat Conservation Measure 6/Schleicher 1 - 8 April 19, 2017 Project Number: 13-3007.6 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: 1-05.1 O 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. 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. Habitat Conservation Measure 6/Schleicher 1 - 9 April 19, 2017 Project Number: 13-3007.6 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 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. Habitat Conservation Measure 6/Schleicher 1 - 10 April 19, 2017 Project Number: 13-3007.6 1-06 CONTROL OF MATER I AL SECTION 1-06.2(2) IS DELETED IN ITS ENTIRETY. 1-06.2(2) Statistical Evaluation of Materials for Acceptance SECTION 1-06 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTIONS. 1-06.7 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 (1A, 1B, 1C, etc.). 4. Description of the submittal and reference to the Contract requirement or technical specification section and paragraph number being addressed. 5. Bid item(s) where product will be used. 1-06.7(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 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. Habitat Conservation Measure 6/Schleicher 1 - 11 April 19, 2017 Project Number: 13-3007.6 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. The Engineer retains the exclusive right, at his or her sole discretion, to accept or reject any proposed deviation with or without cause. Habitat Conservation Measure 6/Schleicher 1 - 12 April 19, 2017 Project Number: 13-3007.6 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 1-07.20) 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 project that are subject to retail sales tax under Section 1-07.2(2) in the proposal bid items. Habitat Conservation Measure 6/Schleicher 1 - 13 April 19, 2017 Project Number: 13-3007.6 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. 1-07.13(4) Repair of Damage SECTION 1-07.14 IS REVISED BYADDING 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. SECTION 1-07.15(1) IS REVISED BY ADDING THE FOLLOWING PARAGRAPH AFTER THE LAST PARAGRAPH. 1-07.15 Temporary Water Pollution Prevention Habitat Conservation Measure 6/Schleicher 1 - 14 April 19, 2017 Project Number: 13-3007.6 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 If a utility is known to have or suspected of having underground facilities within the area of the proposed excavation and that utility is not a subscriber to the utilities underground location center, the Contractor shall give individual notice to that utility within the same time frame prescribed in RCW 19.122.030 for subscriber utilities. SECTION 1-07.17 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTIONS: 1-07.17(3) Utility Markings Once underground utilities are marked by the utility owner or its agent, and/or once new underground facilities have been installed by the Contractor, the Contractor/excavator is responsible to determine the precise location of underground facilities that may conflict with other underground construction. The Contractor shall maintain the marks or a record of the location of buried facilities for the duration of time needed to avoid future damage until installation of all planned improvements at that location is complete. 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. 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 Habitat Conservation Measure 6/Schleicher 1 - 15 April 19, 2017 Project Number: 13-3007.6 of underground facilities, whether public or private, that excavation will occur, and when excavation will occur. 1-07.17(6) Site 1 nspection 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 Glenn Helton Dennis Booth 253-395-6926 425-417-9188 (cell) 425-559-4647 (cell) Verizon Brad Landis 425-201-0901 425-766-1740 (cell) SECTION 1-07.IS IS REVISED BY ADDING 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. SECTION 1-07.24 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.24 Rights of Way Street right of way lines, limits of easements and limits of construction are indicated or defined on the plans. The Contractor's construction activities shall be confined within these limits, unless arrangements for use of private property are made. Habitat Conservation Measure 6/Schleicher 1 - 16 April 19, 2017 Project Number: 13-3007.6 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 1-07.26 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-07.26 Personal Liability of Public Officers Neither the City, the Engineer, nor any other official, officer or employee of the City shall be personally liable for any acts or failure to act in connection with the contract, it being understood that, in these matters, they are acting solely as agents of the City. 1-08 PROSECUTION AND PROGRESS SECTION 1-08 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. 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. Habitat Conservation Measure 6/Schleicher 1 - 17 April 19, 2017 Project Number: 13-3007.6 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 1-08.4 IS DELETED AND REPLACED WITH THE FOLLOWING: 1-08.4 Notice to Proceed, Prosecution and Hours of Work Notice to Proceed will be given after the contract has been executed and the contract bond and evidence of required insurance have been approved by and filed with the City. Unless otherwise approved in writing by the Engineer, the Contractor shall not commence the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the Project Site within ten working days of the Notice to Proceed Date. The Work thereafter shall be prosecuted diligently, vigorously, and without unauthorized interruption until physical completion of the work. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the Contract. Except in the case of emergency or unless otherwise approved by the Engineer, the normal straight time working hours for the Contractor shall be any consecutive 8 hour period between 7:00 a.m. and 6:00 p.m. Monday through Friday, unless otherwise specified in the Kent Special Provisions, with a 5-day work week, plus allowing a maximum one-hour lunch break in each working day. The normal straight time 8-hour working period for the contract shall be established at the preconstruction conference or prior to the Contractor commencing work. If a Contractor desires to perform work on holidays, Saturdays, Sundays, or before 7:00 a.m. or after 6:00 p.m. on any day, the Contractor shall apply in writing to the Engineer for permission to work those times. The Contractor shall notify the Engineer at least 48 hours in advance (72 hours in advance for weekend work) so that the Inspector's time may be scheduled. Permission to work longer than an 8-hour period between 7:00 a.m. and 6:00 p.m. is not required. 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 Habitat Conservation Measure 6/Schleicher 1 - 18 April 19, 2017 Project Number: 13-3007.6 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 personnel or independent testing laboratories to re-test project materials, utility pressure or vacuum tests, camera surveys or water purity tests as the result of initial test failure on the part of the Contractor. 1-08.4(B) General The City allocates its resources to a contract based on the total time allowed in the contract. The City will accept a progress schedule indicating an early physical completion date but cannot guarantee the City resources will be available to meet the accelerated schedule. No additional compensation will be allowed if the Contractor is not able to meet its accelerated schedule due to the unavailability of City resources or for other reasons beyond the City's control. 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. Habitat Conservation Measure 6/Schleicher 1 - 19 April 19, 2017 Project Number: 13-3007.6 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. 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. Habitat Conservation Measure 6/Schleicher 1 - 20 April 19, 2017 Project Number: 13-3007.6 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's judgment, may be necessary to cover the following: 1 . The cost of defective work not remedied. 2. Fees incurred for material inspection, and overtime engineering and inspection for which the Contractor is obligated under this Contract. 3. Fees and charges of public authorities or municipalities. 4. Liquidated damages. 5. Engineering and inspection fees beyond Completion Date. 6. Cost of City personnel to re-establish locate marks for City-owned facilities that were not maintained by the Contractor in accordance with RCW 19.122.030 (3). 7. Additional inspection, testing and lab fees for re-doing failed, water, other utility tests. SECTION 1-09.11(3) IS DELETED AND REPLACED WITH THE FOLLOWING: 1-09.11(3) Time Limitations and Jurisdiction This contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any claims or causes of action arising from this contract shall be exclusively in the Superior Court of King County, located in Kent, Washington. For convenience of the parties to this contract, it is mutually agreed that any claims or causes of action which the Contractor has against the City arising from this contract shall be brought within 180 days from the date of Final Acceptance of the contract by the City. The parties understand and agree that the Contractor's failure to bring suit within the time period provided shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when any claims or causes of action that a Contractor asserts against the City arising from this contract are filed with the City or initiated in court, the Contractor shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims or actions. Habitat Conservation Measure 6/Schleicher 1 - 21 April 19, 2017 Project Number: 13-3007.6 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. 1-1 O TEMPORARY TRAFF I C CONTROL SECTION 1-10.1 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW PARAGRAPH: 1-10.1 General The Contractor shall implement temporary traffic control on an as- needed basis to facilitate movements in and out of the Clark Springs Water Treatment Facility. A traffic control plan shall be submitted to the Engineer for approval prior to construction. Included in this bid item is coordination with the City of Kent to access to gated facility and closing and locking the gate to the Clark Springs facility each day. Habitat Conservation Measure 6/Schleicher 1 - 22 April 19, 2017 Project Number: 13-3007.6 DIVISION 2 - EARTHWORK 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP SECTION 2-01.1 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 2-01.1 Description This work also includes the clearing and grubbing and disposal of all invasive species within the project limit. "Invasive species" are those species specified as noxious by the Washington State Department of Agriculture and King County. Invasive vegetation shall be hauled off-site for disposal in a facility that accepts invasive species. All blackberry vines shall not be ground and shall be disposed of at a facility accepts invasive species. King County Noxious Weed Program may be contacted for suitable disposal sites. 2-03 ROADWAY EXCAVATION AND EMBANKMENT SECTION 2-03.3(7)C IS SUPPLEMENTED BY ADDING THE FOLLOWING: 2-03.3(7)C Contractor-Provided Disposal Site The City has not provided a waste site. The Contractor shall arrange for disposal and provide any necessary disposal sites in accordance with Section 2-03.3(7)C of the WSDOT Standard Specifications. The Contractor is responsible for determining which permits are required for the selected disposal sites. Within the City, wetlands are identified by using the Corps of Engineers Wetlands Delineation Manual dated January 1987. SECTION 2-03.3(14)D IS SUPPLEMENTED BY ADDING THE FOLLOWING: 2-03.3(14)D Compaction and Moisture Control Tests Maximum density will be determined by the Modified Proctor Method ASTM D-1557. All compaction tests if required will be performed by the City. 2-07 WATERING SECTION 2-07.4 IS DELETED AND REPLACED WITH THE FOLLOWING: 2-07.4 Measurement The Contractor may 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 Habitat Conservation Measure 6/Schleicher 2 - 1 April 19, 2017 Project Number: 13-3007.6 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. 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. Habitat Conservation Measure 6/Schleicher 2 - 2 April 19, 2017 Project Number: 13-3007.6 DIVISION 6 - STRUCTURES 6-17 PERMANENT GROUND ANCHORS SECTION 6-17.1 IS DELETED AND REPLACED WITH THE FOLLOWING: 6-17.1 Description This work consists of furnishing, constructing, installing, and conducting performance and verification tests of permanent ground anchors per Sections 6-17.3(7) and 6-17.3(8) SECTION 6-17.2 IS DELETED AND REPLACED WITH THE FOLLOWING: 6-17.2 Materials The permanent ground anchor shall consist of all hardware to construct the permanent ground anchor and permanently attach it to the Engineered Log Jam structures with cable lashing as specified on the project plans. All cable and clamps connecting permanent ground anchors shall be galvanized metal or stainless steel. Permanent Ground Anchors 9-06.21 SECTION 6-17.3(2) IS DELETED IN ITS ENTIRETY 6-17.3(2) Contractor Experience Requirements SECTION 6-17.3(3) IS DELETED AND REPLACED WITH THE FOLLOWING: 6-17.3(3) Submittals Contractor shall submit material specifications and installation instructions on the proposed permanent ground anchor and sketches of connections between permanent ground anchor and with log structure for engineer review and approval. SECTION 6-17.3(4) IS DELETED IN ITS ENTIRETY 6-17.3(4) Preconstruction Conference SECTION 6-17.3(7) IS DELETED AND REPLACED WITH THE FOLLOWING: 6-17.3(7) Installing Permanent Ground Anchors Contractor shall install per manufacturer's standard specifications. Habitat Conservation Measure 6/Schleicher 6 - 1 April 19, 2017 Project Number: 13-3007.6 SECTION 6-17.4 IS DELETED AND REPLACED WITH THE FOLLOWING: 6-17.4 Measurement There will be no separate measurement of unit items for Work defined by Section 6-17. This work will be incidental to the bid item "Engineered Log Jam" defined in Section 8-33. SECTION 6-17.5 IS DELETED AND REPLACED WITH THE FOLLOWING: 6-17.5 Payment All work specified in this Section will be incidental to the bid item "Engineered Log Jam" defined in Section 8-33; no separate payment will be made. Habitat Conservation Measure 6/Schleicher 6 - 2 April 19, 2017 Project Number: 13-3007.6 DIVISION S - MISCELLANEOUS CONSTRUCTION 8-01 EROSION CONTROL AND WATER POLLUTION CONTROL SECTION 8-01.1 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.1 Description This work consists of temporary erosion and sedimentation control procedures (TESCP) as shown on the construction plans, specified in these 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 BY ADDING THE FOLLOWING: 8-01.2 Materials Materials shall meet the requirements of the following sections of the Kent Special Provisions and the WSDOT Standard Specifications: Seed ....................................8-01 .3(2)B and 9-14.2 Fertilizer ...............................8-01 .3(2)B and 9-14.3 Mulch and Amendments ..........8-01.3(2)D and 9-14.4 Tackifier ...............................8-01 .3(2)E and 9-14.4(7) 8-01.3 Construction Requirements SECTION 8-01.3(1) IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-01.3(1) General Preventing and controlling pollution, erosion, runoff, and related damage requires the Contractor to install temporary stormwater best management practices (BMPs) as per the plans and as directed by the City. As site conditions dictate, additional BMPs may be required. The contractor shall anticipate the need for additional best management practices and propose necessary changes to the City. Should the Contractor fail to install the required temporary erosion and sediment control (TESC) measures or to perform maintenance in a timely manner, or fail to take immediate action to install additional approved measures, all fines, cost of cleanup, costs for delays and 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. Habitat Conservation Measure 6/Schleicher 8 - 1 April 19, 2017 Project Number: 13-3007.6 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 8-01.3(1)A IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.3(1)A Submittals Prior to the start of any construction activities, the Contractor shall submit for the Engineer's review and approval, the following, as necessitated by the work: 1. Dewatering Plan 1. Spill Prevention Control and Countermeasures Plan 2. Turbidity Control Plan 3. Name and contact info for Contractor's CESCL SECTION 8-01.3(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 Habitat Conservation Measure 6/Schleicher 8 - 2 April 19, 2017 Project Number: 13-3007.6 3. City of Kent 2002 Surface Water Design Manual 4. Construction Stormwater General Permit — WA Department of Ecology 8-01.3(1)G Water Quality Monitoring Sampling of site stormwater discharges is only required if the project is covered under the WA Department of Ecology Construction Stormwater General Permit or if there is a suspected discharge that exceeds state water quality standards. This project is not covered under the WA Department of Ecology Construction Stormwater General Permit, therefore no routine monitoring is required. Unexpected turbid discharges may require spill specific monitoring as determined by the Engineer. 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 5-01.3(2)B IS DELETED AND REPLACED WITH THE FOLLOWING: 8-01.3(2)B Seeding and Fertilizing Topsoil and all other unpaved and unsodded areas within easements and right-of-way disturbed as part of this project shall be seeded. Hydroseeding shall be the method of seed application. Hydroseed shall consist of a slurry composed of water, seed, fertilizer, tackifier, and mulch and shall be evenly broadcast over areas to be seeded. All work shall conform in all respects to Section 8-01 of the WSDOT Standard Specifications, except as modified herein. The Contractor shall notify the Engineer not less than 48 hours in advance of any hydroseeding operation and shall not begin the work until areas prepared or designated for hydroseeding have been approved. Habitat Conservation Measure 6/Schleicher 8 - 3 April 19, 2017 Project Number: 13-3007.6 Hydroseeding shall not be done during windy weather or when the ground is frozen, excessively wet, or otherwise untillable. Hydroseed mixture to be applied by an approved hydro seeder which 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. WSDOT Erosion Control 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 Habitat Conservation Measure 6/Schleicher 8 - 4 April 19, 2017 Project Number: 13-3007.6 showing Mix A on the plans, or where otherwise directed by the Engineer. 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. Straw: Straw shall be applied to a thickness of three (3) inches as specified in Section 8-01 .3(2)D and 9-14.4(1). 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 unless specified differently on Contract Plans. 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. Straw shall be applied to a thickness of three (3) inches as specified in Section 8-01 .3(2)D and 9-14.4(1). 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 Wood Fiber 2,000 Ibs/ acre Tackifier 80lbs/acre SECTION S-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. Habitat Conservation Measure 6/Schleicher 8 - 5 April 19, 2017 Project Number: 13-3007.6 Mulch of the type specified in Section 9-14.4(2) shall be included in the hydroseeding process. Wood cellulose fiber used as a mulch shall be suitable for application with hydroseeders as specified in Section 8-01 .3(2)B. The application of seed, fertilizer, and mulch shall be required in a single operation for all seed applications, unless otherwise directed. Mulch materials, shall be furnished, hauled, and evenly applied at the rates indicated, and shall be spread on seeded areas immediately after seeding unless otherwise specified. 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 8-07.3(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. Habitat Conservation Measure 6/Schleicher 8 - 6 April 19, 2017 Project Number: 13-3007.6 SECTION 8-01.3(2)G IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-01.3(2)G Protection and Care of Seeded Areas Protect adjacent property, public walks, curbs and pavement from damage. Do not place soil directly on paved surfaces. Locate all underground utilities prior to the commencement of work. Keep streets and area drains open and free flowing. Protect all seeding against wind, storm, and trespassing. Replace any plants that become damaged or injured. In seeded areas, treat and reseed damaged spots larger than one square foot. SECTION 8-01.3(2)H IS SUPPLEMENTED BY ADDING THE FOLLOWING: 8-01.3(2)H 1 nspection 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. SECTION 8-01.3 IS SUPPLEMENTED BY ADDING 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. Habitat Conservation Measure 6/Schleicher a - 7 April 19, 2017 Project Number: 13-3007.6 SECTION 8-01.4 IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-01.4 Measurement "Turbidity Curtain" shall be measured per linear foot installed. Distance shall be the total distance of installed silt boom as shown on the plans, as adjusted by contractor to fit site conditions. "WSDOT Erosion Control Mix A" shall be measured per square yard. No adjustment in area size will be made for the vegetation free zone around each plant. SECTION 8-01.5 IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-01.5 Payment The unit contract price per square yard for "WSDOT Erosion Control Mix A" 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. 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. Straw mulch 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 price per lineal foot for "Turbidity Curtain" constitutes complete compensation for all labor, tools, material, supplies, and equipment necessary to furnish, install, anchor in place, maintain, and remove the turbidity curtain. 8-02 ROADS I DE RESTORAT I ON SECTION 8-02.1 IS SUPPLEMENTED BYADDING THE FOLLOWING: 8-02.1 Description Drawings and Specifications: Definitions: The word "provide" means "furnish and install" (for landscaping only). Dimensions and Measurements: Dimensions govern when shown. Scale is approximate. Contractor shall check all dimensions in the field and verify them with respect to adjacent or incorporated work. Any discrepancies in the drawings shall be brought to the immediate attention of the Engineer before work proceeds further. Habitat Conservation Measure 6/Schleicher 8 - 8 April 19, 2017 Project Number: 13-3007.6 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. 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: Topsoil Type A, Type B, and Type C............. 9-14.1 (1), (2), (3) 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 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 Habitat Conservation Measure 6/Schleicher 8 - 9 April 19, 2017 Project Number: 13-3007.6 either preliminary or final approval if the cleanup does not meet with the approval of the Engineer. 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. SECTION 8-02.3(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 Engineer. The Contractor shall layout tree, shrub and herbaceous plant locations and receive the approval of the Engineer before planting begins. SECTION 8-02.3(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. All street trees shall be planted in general conformance to Kent Standard Plan 6-55. 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. The Contractor shall use rootball bracing (triangle method) rather than staking or guying to support new trees. SECTION 8-02.3(91) IS REVISED AS FOLLOWS: 8-02.301) Bark or Wood Chip Mulch Revise all references in this section from bark or wood chip mulch to "compost or xylem wood chips". Habitat Conservation Measure 6/Schleicher 8 - 10 April 19, 2017 Project Number: 13-3007.6 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 two 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. Maintenance of this watering schedule is critical to the survival of the trees and shrubs. 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 Nursery Supervisor, 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 8-02.3 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 8-02.3(17) Plant and Site Protection During Entire Construction Period The Contractor shall: 1 . Protect existing trees to remain and new plants against injury and damage, including but not limited to: cutting, breaking, or skinning of roots, trunk or branches, or smothering by stockpiling construction material, or compaction by equipment. 2. Keep all heavy equipment (e.g., backhoe) outside of the drip lines of all existing trees, so as not to damage the root systems. 3. Notify Engineer immediately if a conflict arises between construction activity and the protection of trees and shrubs; alter methods as necessary and as approved by the Engineer. DIVISION 8 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 8-33 ENGINEERED LOGJAM CONSTRUCTION 8-33.1 Description This work shall consist of installing all proposed wood structures indicated in the Project Plans. The work includes providing, hauling, and placing all materials needed to construct the wood structures as required by the Specifications, Project Plans, and the Engineer. Habitat Conservation Measure 6/Schleicher 8 - 11 April 19, 2017 Project Number: 13-3007.6 The location of log structures are shown on the Project Plans. Their final locations, orientation, and degree of burial may be adjusted to suit field conditions at time of construction as directed by the Engineer. 8-33.2 Materials Materials shall meet the requirements of the following sections: Logs for Stream Construction 9-37.1 Slash 9-37.2 Chains and Hardware 9-37.3 8-33.3 Construction Requirements Contractor shall construct all structures to the quantities and/or in the dimensions as shown on the plans and as directed by the Engineer in the field. 8-33.3(1) Permit Requirements The Contractor shall comply with all applicable requirements of all permits obtained for this project and with all applicable requirements of local, state, and federal agencies. See Appendix A-1 for permit requirements. 8-33.4 Measurement "Engineered Log Jam" shall be measured on a unit basis for each structure installed and approved by the Engineer. 8-33.5 Payment Payment will be made in accordance with Section 1-04.1 for each of the following bid items that are included in the Proposal: The unit contract price per each for "Engineered Log Jam" shall constitute full payment for all costs incurred for furnishing, hauling, , and installing the material shown on the Project Plans. Material includes logs and/or rootwads, slash, racking, chain, clamps, permanent ground anchors, anchor rods, clevis pins, eyebolts and any other materials referenced in the plans not included in other bid tab items. 8-34 F I SH EXCLUS I ON 8-34.1 Description This work shall consist of removing and excluding fish from the project area as shown on the Contract Plans. Habitat Conservation Measure 6/Schleicher 8 - 12 April 19, 2017 Project Number: 13-3007.6 8-34.2 Materials The Contractor shall furnish all materials, tools, and equipment for fish exclusion. 8-34.3 Construction Requirements Contractor shall construct all structures to the quantities and/or in the dimensions as shown on the plans and as directed by the Engineer in the field. Contractor shall follow WSDOT Fish Exclusion Protocols and Standard. 8-34.3(1) Permit Requirements The Contractor shall comply with all applicable requirements of all permits obtained for this project and with all applicable requirements of local, state, and federal agencies. 8-34.4 Measurement "Fish Exclusion" shall be measured on a lump sum basis for all fish removal and exclusion approved by the Engineer. 8-34.5 Payment Payment will be made in accordance with Section 1-04.1 for each of the following bid items that are included in the Proposal: The unit contract price per lump sum for "Fish Exclusion" shall constitute full payment for all costs incurred for, but not limited to, all labor, material, tools, equipment, and incidentals required to furnish, install, maintain, and remove fish screens. Labor and equipment for initial fish removal and subsequent fish removal from the work site if the fish block nets are breached due to clogging from lack of maintenance and/or knocked over by storm flows are also included in this bid item. 8-35 PROPERTY RESTORATION 8-35.1 Description This work shall consist of restoring the project site and any disturbed areas, not including areas of proposed planting or log installation, to the original or better condition. 8-35.2 Materials The Contractor shall furnish all materials, tools, and equipment for property restoration, including, but not limited to, gravel for existing access roads. Habitat Conservation Measure 6/Schleicher 8 - 13 April 19, 2017 Project Number: 13-3007.6 8-35.3 Construction Requirements Contractor shall restore the project site and any disturbed areas, not including areas of proposed planting or log installation, to the original or better condition. This includes, but is not limited to, fine grading, disposal of unsuitable, surplus and/or waste materials, replacing and restoring any landscaping and improvements disturbed by construction activities, replacing and restoring gravel surface of access road, site clean-up, or other requirements as requested by Engineer. 8-35.4 Measurement Items included within "Property Restoration" shall be measured as provided in Section 1-09.6. 8-35.5 Payment "Property Restoration," by force account as provided in Section 1-09.6. Habitat Conservation Measure 6/Schleicher 8 - 14 April 19, 2017 Project Number: 13-3007.6 DIVISION 9 - MATERIALS 9-06 STRUCTURAL STEEL AND RELATED MATERIALS DIVISION 9 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SUBSECTION: 9-06.21 Permanent Ground Anchors Permanent ground anchors installed on other sites with a bearing plate of approximately 12.5" wide x17.25" long shall be "Manta Ray MR-SR" or approved equal. 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. 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 Habitat Conservation Measure 6/Schleicher 9 - 1 April 19, 2017 Project Number: 13-3007.6 SECTION 9-14.2 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 9-14.2 Seed Hydroseed: Seed shall be "Blue Tag" or certified quality. The Contractor shall deliver in unopened containers with mixture seed content and inert material content plainly marked on the outside of the container. Grasses used shall meet the following specifications: WSDOT Erosion Control 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% 0.5% 10% Colonial Bent grass 98% 90% 0.5% 10% White Dutch Clover 98% 90% 0.5% Pre-inoculated WSDOT Erosion Control Mix B (Landscaped Area Grass): Weight Seed Mix "B" Min. % Min. % Max. Proportion Ingredient Pure Seed Germination Weed Seed 15% Creeping Red Fescue 95% 90% 0.5% 10% Chewin s Fescue 95% 90% 0.5% 40% Perennial R e rass 95% 90% 0.5% 20% Alta Tall Fescue 95% 90% 0.5% 15% Annual R e rass 95% 90% 0.5% The Contractor shall submit to the Engineer the manufacturer's Certificate of Conformance for seed. A complete analysis of the seed shall be submitted to the City for approval including percent of pure seed, germination, other crop seed, inert and weed and the germination test date. The City reserves the right to reject any or all plant material at any time until final inspection or acceptance. The Contractor shall remove rejected plants immediately from site. The Contractor shall produce upon request sales receipt for all nursery stock and certificates of inspection. SECTION 9-14.3 IS SUPPLEMENTED BY ADDING THE FOLLOWING: 9-14.3 Fertilizer Fertilizer for trees: Fertilizer shall consist of slow-release commercial fertilizer (6-10-8). Fertilizer for upland seeded areas: Lilly Miller or approved equal to provide the following nutrients: All areas which are seeded shall receive fertilizer of the following proportions and formulation: Habitat Conservation Measure 6/Schleicher 9 - 2 April 19, 2017 Project Number: 13-3007.6 DIVISION 9 IS SUPPLEMENTED BY ADDING THE FOLLOWING NEW SECTION: 9-37 MISCELLANEOUS STREAM CONSTRUCTION MATERIALS 9-37.1 Logs for Stream Construction All logs shall be untreated, sound, not rotten, and shall not be infested with wood boring insects. Rot shall not be more than 5% of volume for any log. Logs shall be No. 4 sawmill grade or better in accordance with the Official Rules of the Pacific Rim Log Scaling and Grading Bureau, Inc, Lacey WA. Certification of log grades will not be required but may be done if poor quality logs are encountered. Split trunks are not allowed. Waterlogged logs will also be accepted. Frame logs may have a curvature of up to 0.2-feet per 10-feet of length. Logs shall be Western Red Cedar, Douglas fir, Western Hemlock, Ponderosa Pine, or Western Larch - listed in the order of species preference. Logs may be with or without bark and may have branches/stubs remaining. Diameter of each log shall be as indicated in the Contract Plans and shall be diameter at breast height (DBH) of the log when delivered to the site as measured without bark. If the diameter is not indicated in the Contract Plans, minimum diameter shall be 8 inches DBH. Length of each log shall be as shown in the Contract Plans. The logs shall be free of breaks. Logs shall be cleaned of loose soil along the bole length prior to installation. Roots do not have to be cleaned of loose soil prior to installation. However, inorganic material shall not exceed 10% of the log by weight or volume and shall not contain silt or clay which causes turbidity when placed in water Length of each log shall be as shown in the Contract Plans and such that the minimum length of burial will be achieved. Logs shall taper no more than 1" diameter per 10 ft of length. Any logs found to be defective or varying from these specifications shall be removed from the site and replaced at no cost to the Owner. Roots of rootwad logs shall be evenly distributed around the bole such that there is no more than a 1 ft variation in length of major roots as measured from the center of the bole. Diameter of major roots shall be at least 3" as measured at the specified diameter. Sufficient number and diameter of major roots shall exist such that the root wad can be set on the ground in any orientation and maintain the specified minimum diameter. 9-37.2 Slash Slash shall consist of dense vegetative debris from conifer tree species including, but not limited to, small trees, blasted or pushed-out stumps, chunks, broken tops, limbs, branches, brush or saplings. Slash shall be any native conifer species. Length of individual pieces of slash may vary between 5-10 ft, with 50% of the material at a length of 6 ft or longer. Thickness of slash pieces as measured at the butt (larger) end may vary from 3/4" — 4" diameter, with 55% of the pieces between 2" — 3" diameter as noted in the table below. Slash shall be compacted during Habitat Conservation Measure 6/Schleicher 9 - 5 April 19, 2017 Project Number: 13-3007.6 installation to ensure that voids no larger than 3" exist within the compacted slash layer. A compacted cubic yard of slash must weigh approximately 570Ibs per CY. Distribution Diameter 55% 2" — 3„ 15% 3" — 4" Photo of acceptable slash: P 4y� w 9-37.3 Chains and Hardware Chain material and connecting hardware identified in section 8-33 shall be 3✓8°" diameter grade 43 natural finish steel chain and connection hardware shown in the Contract Plans. Welds on pins shall be sufficient to prevent tampering. Habitat Conservation Measure 6/ScWeicher 9 - 6 AprR 19, 2017 Project Number: 13.3007.6 Total available Nitrogen ........... 16% of weight (of which 50% is derived from ureaform) Total available Phosphorous ..... 16% of weight Total available Potassium......... 16% of weight Fertilizer for wetland seeded areas: All areas which are seeded in wetlands or in detention ponds shall receive fertilizer of the following proportions and formulation: Total available nitrogen ........... 21% (Analyzed as N) Available phosphorous............. 0% (Analyzed as P205) Available potassium ................ 10% (Analyzed as K20) Above percentages are proportioned by weight. The Contractor shall deliver fertilizer to the site in original unopened containers bearing manufacturer's chemical analysis, name, trade name, trade mark, and indication of conformance to state and federal laws. Instead of containers, fertilizer may be furnished in bulk with certificate indicating the above information. SECTION 9-14.4(8) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 9-14.4(8) Compost Compost shall not contain any sawdust, straw, green or under- composed organic matter, under-sterilized manure or toxic or otherwise harmful materials. 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 of5.0to6.0. 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. Habitat Conservation Measure 6/Schleicher 9 - 3 April 19, 2017 Project Number: 13-3007.6 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 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(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. 9-14.6 Plant Materials SECTION 9-14.6(7) IS SUPPLEMENTED BY ADDING THE FOLLOWING: 9-14.6(1) Description Plant species, sizes, and count shall be consistent with the re- vegetation notes in the Project Plans. Satisfactory plants are plants that are in a vigorous or thriving condition. Satisfactory plants shall also be alive, they shall exhibit less than 10 percent crown (branches and top) die-back, they shall not be infested with insects nor shall be diseased. They shall be without a significant amount of dead, spotty, discolored, or otherwise non-vigorous foliage during the peak of the growing season (plants entering dormancy are excluded from this component of the definition) and they shall not have been eaten by animals (including those that have been girdled at the base). Satisfactory plants shall also meet the requirements listed in the Contract Plans unless the Contractor has received written prior approval from the Engineer for such species substitutions. Habitat Conservation Measure 6/Schleicher 9 - 4 April 19, 2017 Project Number: 13-3007.6 HYDRAULIC PROJECT APPROVAL Habitat Conservation Measure 6/Schleicher A - 1 April 19, 2017 Project Number: 13-3007.6 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 ,.,<.. ..; Olympia,WA 98504-3234 FISHord RUM (360)902-2200 Issued Date: January 31, 2017 Permit Number: 2017-4-55+01 Project End Date: January 30, 2022 FPA/Public Notice Number: NIA Application ID: 9802 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Kent, Public Works Natural Systems Design ATTENTION: Matt Knox ATTENTION: Bob Keller 220 4th Avenue South 1900 N Northlake Way Kent, WA 98032 Seattle, WA 98103-9051 Project Name: Rock Creek Habitat Conservation Plan, Clark Spring site (HCM 6) Project Description: HCM 6: The City of Kent is proposing several habitat enhancement projects in Rock Creek intended to increase the quantity of salmonid holding, rearing and spawning habitat in the upper segments of Rock Creek via selective placement of large woody debris(LWD). The LWD will be placed in Reach 11 of Rock Creek (see attached Map), which are both located on the City of Kent Clark Springs Watershed property. PROVISIONS TIMING-PLANS- INVASIVE SPECIES CONTROL 1. TIMING LIMITATION:You may begin the project immediately, and you must complete the project by January 30, 2022, provided work within the ordinary high water line shall occur only between July 1 and August 31. 2. APPROVED PLANS: You must accomplish the work per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife entitled, "PROPOSED PROJECT: Habitat Improvements in Rock Creek", dated December 2, 2016, except as modified by this Hydraulic Project Approval (HPA). You must have a copy of these plans and this HPA available on site during all phases of the project construction. 3. INVASIVE SPECIES CONTROL:Thoroughly clean all equipment and gear before arriving and leaving the job site to prevent the transport and introduction of aquatic invasive species. Properly dispose of any water and chemicals used to clean gear and equipment. You can find additional information in the Washington Department of Fish and Wildlife's Invasive Species Management Protocols(November 2012), available online at http://wdfw.wa.gov/publications/01490/wdfwOl490.pdf. NOTIFICATION REQUIREMENTS 4. PRE-AND POST-CONSTRUCTION NOTIFICATION:You, your agent, or contractor must contact the Washington Department of Fish and Wildlife by e-mail to larry.fisher@dfw.wa.gov and to HPAapplications@dfw.wa.gov at least three business days before starting work, and again within seven days after completing the work. The notification must include the permittee's name, project location, starting date for work or date the work was completed,and the permit number. The Washington Department of Fish and Wildlife may conduct inspections during and after construction. 5. PHOTOGRAPHS: You, your agent, or contractor must take photographs of the job site before the work begins and after the work is completed. You must upload the photographs to the post-permit requirement page in the Aquatic Protection Permitting System (APPS)or mail them to Washington Department of Fish and Wildlife at Post Office Box 43234, Olympia,Washington 98504-3234 within 30-days after the work is completed. 6. FISH KILL/WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife Area Habitat Biologist listed below of the problem. If the likely cause of the fish kill or fish distress is related to Page 1 of 6 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 Olympia,WA 98504-3234 FLSII.a WILDLIFE (360)902-2200 Issued Date: January 31, 2017 Permit Number: 2017-4-55+01 Project End Date: January 30, 2022 FPA/Public Notice Number: N/A Application ID: 9802 water quality, also notify the Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. STAGING, JOB SITE ACCESS, AND EQUIPMENT 7. Establish staging areas(used for equipment storage, vehicle storage,fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid,fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 8. Clearly mark boundaries to establish the limit of work associated with site access and construction. 9. Retain all natural habitat features on the bed or banks including large woody material and boulders. You may move these natural habitat features during construction but you must place them near the preproject location before leaving the job site. 10. Remove soil or debris from the drive mechanisms (wheels, tires,tracks, etc.)and undercarriage of equipment prior to operating the equipment waterward of the ordinary high water line. 11. Check equipment daily for leaks and complete any required repairs in an upland location before using the equipment in or near the water. 12. Use environmentally acceptable lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols in equipment operated in or near the water. CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 13. Protect all disturbed areas from erosion. Maintain erosion and sediment control until all work and cleanup of the job site is complete. 14. All erosion control materials that will remain onsite must be composed of 100% biodegradable materials. 15. Straw used for erosion and sediment control, must be certified free of noxious weeds and their seeds. 16. Stop all hydraulic project activities except those needed to control erosion and siltation, if flow conditions arise that will result in erosion or siltation of waters of the state. 17. Prevent project contaminants, such as petroleum products, hydraulic fluid,fresh concrete, sediments, sediment- laden water, chemicals, or any other toxic or harmful materials,from entering.or leaching into waters of the state. 18. Route construction water(wastewater)from the project to an upland area above the limits of anticipated floodwater. Remove fine sediment and other contaminants before discharging the construction water to waters of the state. 19. Deposit waste material from the project, such as construction debris, silt, excess dirt, or overburden, in an upland area above the limits of anticipated floodwater unless the material is approved by the Washington Department of Fish and Wildlife for reuse in the project. 20. Deposit all trash from the project at an appropriate upland disposal location. 21. Use water diversion methods such as cofferdams or willow bundles and sedimentation control curtains to manage flows as necessary to prevent water quality impacts during construction. LARGE WOODY MATERIAL INSTALLATION 22. Place large wood or other materials consistent with natural stream processes as shown in the approved plans. 23. When placing, repositioning, or removing large woody material, station equipment on the bank. 24. Do not disturb large woody material embedded in a bank or bed except as approved by the Washington Department of Fish and Wildlife. 25. Use fir, cedar, or other coniferous species to construct the log or rootwad fish habitat structures. Page 2 of 6 —' Washington Department of Fish &Wildlife HYDRAULIC PROJECT APPROVAL PO Box43234 Olympia,WA 98504-3234 FISHd 117LULI# (360)902-2200 Issued Date: January 31, 2017 Permit Number: 2017-4-55+01 Project End Date: January 30, 2022 FPA/Public Notice Number: NIA Application ID: 9802 26. Do not release overburden material into the waters of the state when resloping the bank. DEMOBILIZATION AND CLEANUP 27. Seed areas disturbed by construction activities with a native seed mix suitable for the site that has at least one quick-establishing plant species. 28. Complete replanting of riparian vegetation during the first dormant season (late fall through late winter)after project completion per the approved plan. Maintain plantings for at least three years to ensure at least eighty percent of each species of the plantings survive. Failure to achieve the eighty percent survival in year three will require you to submit a plan with follow-up measures to achieve requirements or reasons to modify requirements. LOCATION #1: `Site Name: Clark Springs- Upper Rock Creek No Street address, , WA WORK START: :January 31, 2017 WORK END: January 30, 2022 WRIA Waterbody _ Tributary to: 08- Cedar-Sammamish Rock Creek Cedar River 1/4 SEC: Section: Township: Rance: Latitude: Longitude: County: SE 1/4 26 22 N 06 E 47.361248 122.006622 King Location#1 Driving Directions Access to the parcel is restricted. Make arrangements with Kent Public Works prior to visiting the site. From Highway WA-18 take the SE 231 st St. exit towards WA-169 S. Turn right on SE 23st St. Turn right onto WA-169 S. Drive south on WA-169 2.64 miles. Take a right on SE Kent-Kangley Road. Drive east.6 miles to the entrance gate on the right. 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. 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. Page 3 of 6 ' Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia,WA 98504-3234 FISHa,d HILDLIFE (360)902-2200 Issued Date: January 31, 2017 Permit Number: 2017-4-55+01 Project End Date: January 30, 2022 FPA/Public Notice Number: N/A Application ID: 9802 Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action.The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must use the Major Modification process described below. Any approved minor modification will require issuance of a letter documenting the approval. A minor modification to the required work timing means any change to the work start or end dates of the current work season to enable project or work phase completion. Minor modifications will be approved only if spawning or incubating fish are not 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. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA.Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA,the date issued,the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. 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 pay an additional $150 for the major modification. If you did not pay an application fee for the original HPA, no fee is required for a change to it. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued,the permitting biologist,the requested changes to the HPA, the reason for the requested change,the date of the request, payment if the original application was subject to an application fee, and the requestor's signature. Send your written request and payment, if applicable, by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your request for a major modification to HPAapplications@dfw.wa.gov, but must send a check or money order for payment by surface mail. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION Page 4 of 6 Washington Department of Fish &Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia,WA 98504-3234 F'ISR.,d 117LDLIFE (360)902-2200 Issued Date: January 31, 2017 Permit Number: 2017-4-55+01 Project End Date: January 30, 2022 FPA/Public Notice Number: N/A Application ID: 9802 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 220-660-460 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 HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov;fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor.WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated 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 220-660-470 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 HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to(360)902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. Page 5 of 6 Washington Department of Fish &Wildlife artHYDRAULIC PROJECT APPROVAL Olympia, WA 98504-3234 FISH-"ii d!dl IFE, (360)902-2200 Issued. Date: January 31, 2017 Permit Number: 2017-4-55+01 Project End Date: January 30, 2022 FPAIPublic Notice Number: N/A Application ID: 9802 Habitat Biologist Larry.Fisherr@xdfwr.Wa.gov . for Director Larry Fisher 425-313-5683 ' DFW Page 6 of 6 PREVA1 LI NG WAGE RATES i Habitat Conservation Measure 6/Schleicher A - 2 April 19, 2017 Project Number: 13-3007.6 rage I or I i State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 05/09/2017 Count Trade Job Classification Wage lHoliday Overtime Note King Asbestos Abatement Workers Journey Level $45.25 5D 1H King Boilermakers Journey Level $64.54 5N 1C King Brick Mason Journey Level $54.32 5A 1M King Brick Mason Pointer-Caulker-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- $24.54 5S 2F Scaffold) King Building Service Employees Window Cleaner (Scaffold) $27.33 5S 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 King 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 Et Tenders Diver $108.77 5D 4C 8A King Divers Et 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 Rov Operator $59.88 5D 4C King Divers Et Tenders Surface Rcv ft 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 hftns //fnrl-rpss.wa_nnv/Ini/wanelnnkun/nrvWanelnnkun_agnx 4/19/7n1 7 rage z or i i King Dredge Workers Leverman, Hydraulic $58.671 5D 3F King Dredge Workers Mates $56.441 5D 3F King Dredge 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 $27.99 5L 1E Workers King Electricians - Inside Cable Splicer $73.20 7C 4E King Electricians - Inside Cable Splicer (tunnel) $78.59 7C 4E King Electricians - Inside Certified Welder $70.75 7C 4E King Electricians - Inside Certified Welder (tunnel) $75.89 7C 4E King Electricians - Inside Construction Stock Person $38.69 7C 4E King Electricians - Inside Journey Level $68.30 7C 4E King Electricians - Inside Journey Level (tunnel) $73.20 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 - Powerline Groundperson $44.12 5A 4D Construction King Electricians - Powerline Heavy Line Equipment $65.71 5A 4D Construction Operator King Electricians - Powerline Journey Level Lineperson $65.71 5A 4D Construction King Electricians - Powerline Line Equipment Operator $55.34 5A 4D Construction King Electricians - Powerline Pole Sprayer $65.71 5A 4D Construction King Electricians - Powerline 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 $17.20 5B 1R Products Work Only King Fence Erectors Fence Erector $15.18 1 King Fla ers Journey Level $38.361 7A 31 King Glaziers Journey Level $59.31 7L 1Y King Heat Et Frost Insulators And Journeyman $65.68 5J 4H Asbestos Workers King Heating Equipment Mechanics Journey Level $75.46 7F 1E King Hod Carriers Et Mason Tenders Journey Level $46.66 7A 31 King Industrial Power Vacuum Journey Level $11.00 1 Cleaner King Inland Boatmen Boat Operator $59.86 5B 1 K King lintand Boatmen Cook $56.18 5B 1 K I I i I I _____T httos://fortress.wa.aov/Ini/waaelookUD/DrvWaaelookuD.asr)x 4/19/2017 rage .j or 1 i King Inland Boatmen Deckhand $56.18 5B 1K King Inland Boatmen Deckhand Engineer $57.26 5B 1 K King Inland Boatmen Launch Operator $58.59 5B 1K King Inland Boatmen Mate $58.59 5B 1 K King Inspection/Cleaning/Sealing Cleaner Operator, Foamer $31.49 1 Of Sewer Et Water Systems By Operator Remote Control King Inspection/Cleaning/Sealing Grout Truck Operator $11.48 1 Of Sewer Et Water Systems By Remote Control King Inspection/Cleaning/Sealing Head Operator $24.91 1 Of Sewer Et Water Systems By Remote Control King Inspection/Cleaning/Sealing Technician $19.33 1 Of Sewer Et Water Systems By Remote Control King Inspection/Cleaning/Sealing Tv Truck Operator $20.45 1 Of Sewer Et Water Systems By Remote Control King Insulation Applicators Journey Level $55.51 5D 4C King Ironworkers Journeyman $65.48 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 Weighman $38.36 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 $45.25 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 $46.09 7A 31 King Laborers $46.09 7A 31 hffnq-//fnrtrPgs_wa_nnv/InI/wanalnnkiin/nrvUVana Inn lei in nenv All al7n17 rage 4 yr 1 i Concrete Saw Operator/core Driller King Laborers Crusher Feeder $38.36 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 Et 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 $45.25 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 $46.661 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 $46.09 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 $46.09 7A 31 httos://fortress.wa.aov/Ini/waaelookuo/orvWaaelookun.asox 4/19/2017 vage5ori/ 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 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 $45.25 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 Et Similar Electric, Air $46.09 7A 31 Et Gas Operated Tools King Laborers Tamper (multiple Et Self- $46.09 7A 31 propelled) King Laborers Timber Person - Sewer $46.09 7A 31 (lagger, Shorer Et 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 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 8S Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $88.15 7A 31 8g Worker30.01-44.00 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 L�� Worker54.01-60.00 psi httnc•//fnrt-racc Anra in ncnv d/1 0/101 7 vaget) or .ti King Laborers Tunnel Work-Compressed Air $99.65 7A 31 8g Worker60.01-64.00 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 8C Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $108.65 7A Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $110.65 7A 31 8� Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $46.76 7A 31 8Q, Tender King Laborers Tunnel Work-Miner $46.76 7A King Laborers Vibrator $46.09 7A 31 King Laborers Vinyl Seamer $45.25 7A 31 King Laborers Watchman $34.86 7A 31 King Laborers Welder $46.09 7A 31 King Laborers Well Point Laborer $46.09 7A 31 King Laborers Window Washer/cleaner $34.861 7A 31 King Laborers - Underground Sewer General Laborer Et Topman $45.25 7A 31 Et Water King Laborers - Underground Sewer Pipe Layer $46.09 7A 31 Et 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 1 H King Marble Setters Journey Level $54.32 5A 1M King Metal Fabrication (In Shop) Fitter $15.86 1 King Metal Fabrication (In Shop) Laborer $11.00 1 King Metal Fabrication (In Shop) Machine Operator $13.04 1 King Metal Fabrication (In Shop) Painter $11.10 1 King Metal Fabrication (In Shop) Welder $15.48 1 King Millwright Journey Level $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 King Modular Buildings Plumber $11.56 1 King Modular Buildings Production Worker $11.00 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 Pile Driver Journey Level $55.76 5D 4C King Plasterers Journey Level $53.20 Z_Q 1R httr)s://fortress.wa.aov/lni/waaelookun/nrvWaaelookun.asnx 4/1 q/?n17 rdye i vi 1 i King Playground & Park Equipment Journey Level $11.00 1 Installers King Plumbers Et Pipefitters Journey Level $76.69 6Z 1G King Power Equipment Operators Asphalt Plant Operators $58.69 7A 3C 8P King Power Equipment Operators Assistant Engineer $55.21 7A 3C 8. 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 $58.17 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 42m 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) 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 1 $57.72 7A 3C I 8P httns://fortress.wa.nov/Ini/wanelookun/nrvWaoelookun.asnx 4/1 q/.?nl 7 rays o ui i i Cranes: Through 19 Tons With Attachments A-frame Over 10 Tons King Power Equipment Operators Crusher $58.17 7A 3C 8P King Power Equipment 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 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck $57.72 7A 3C 8P Or Crane Mount King Power Equipment Operators Drilling Machine $59.281 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 And 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. Et 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 King Power Equipment Operators Loader, Overhead 8 Yards. it $59.28 7A 3C 8P Over King Power Equipment Operators 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 Operators Loaders, Plant Feed $58.17 7A 3C 8P King Power Equipment Operators Loaders: Elevating Type Belt $57.72 7A 3C 8P King Power Equipment Operators Locomotives, All $58.171 7A 3C 8P King Power Equipment Operators Material Transfer Device $58.17 7A 3C 8P King Power Equipment Operators $59.28 7A 3C 8P httos://fortress.wa.aov/Ini/waaelookUD/DrvWaaelookuo.asr)x 4/19/2017 rage v or i i 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 King Power Equipment Operators Oil Distributors, Blower $55.21 7A 3C 8P Distribution It Mulch Seeding Operator King Power Equipment Operators Outside Hoists (elevators And $57.72 7A 3C 8P 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 8P 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 8P King Power Equipment Operators Quad 9, Hd 41, D10 And Over $58.69 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 King Power Equipment Operators Rigger And Bellman $55.21 7A 3C 8P King _Power Equipment Operators Rigger/Signal Person, Bellman $57.72 7A 3C 8P (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 Et 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 3C 8P King Power Equipment Operators $57.72 7A 3C 8P httns://fortress_wa.nnv/Ini/wsnPlnnkun/nrvWanPlnnkun_a-,nx 4/14/7(117 rage lu or 1 i 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 Et $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 Equipment 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 Welder $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 Et 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 Et Water Concrete King Power Equipment Operators- Bobcat $55.21 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Brokk - Remote Demolition $55.21 7A 3C 8P Underground Sewer it Water Equipment King Power Equipment Operators- Brooms $55.21 7A 3C 8P Underground Sewer Et Water httr)s://fortress.wa.aov/Ini/wacielookur)/r)rvWaaelookUD.aSDX 4/19/2017 rageiiorii King Power Equipment Operators- Bump Cutter $58.17 7A 3C 8P IUnderqround Sewer Et Water King Power Equipment Operators- Cableways $58.69 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Chipper $58.17 7A 3C 8P UnderQround Sewer Et Water King Power Equipment Operators- Compressor $55.21 7A 3C 8P UnderQround Sewer Et Water King Power Equipment Operators- Concrete Pump: Truck Mount $58.69 7A 3C 8P Underground Sewer Et Water With Boom Attachment Over 42 M King Power Equipment Operators- Concrete Finish Machine -laser $55.21 7A 3C 8P UnderQround Sewer Et Water Screed King Power Equipment Operators- Concrete Pump - Mounted Or $57.72 7A 3C 8P UnderQround Sewer Et Water Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators- Concrete Pump: Truck Mount $58.17 7A 3C 8P UnderQround Sewer Et Water With Boom Attachment Up To 42m King Power Equipment Operators- Conveyors $57.72 7A 3C 8P UnderQround Sewer Et Water King Power Equipment Operators- Cranes Friction: 200 tons and $60.47 7A 3C 8P Underground Sewer Et Water over King Power Equipment Operators- Cranes: 20 Tons Through 44 $58.17 7A 3C 8P Underground Sewer Et Water Tons With Attachments King Power Equipment Operators- Cranes: 100 Tons Through 199 $59.28 7A 3C 8P Underground Sewer Et 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 Underground Sewer Et 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 Et 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 Et Water Under King Power Equipment Operators- Cranes: Friction cranes $59.88 7A 3C 8P Underground Sewer Et Water through 199 tons King Power Equipment Operators- Cranes: Through 19 Tons With $57.72 7A 3C 8P Underground Sewer Et Water Attachments A-frame Over 10 Tons King Power Equipment Operators- Crusher $58.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Deck Engineer/deck Winches $58.17 7A 3C 8P Underground Sewer Et Water (power) King Power Equipment Operators- Derricks, On Building Work $58.69 7A 3C 8P Underground Sewer Et Water httr)s://fortress.wa.aov/lni/wacelookun/r)rvWaaelookur).asDx 4/19/2017 King Power Equipment Operators- Dozers D-9 Et Under $57.72 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck $57.72 7A 3C 8P Underground Sewer Et Water Or Crane Mount King Power Equipment Operators- Drilling Machine $59.28 7A 3C 8P Underground Sewer it Water King Power Equipment Operators- Elevator And Man-lift: $55.21 7A 3C 8P Underground Sewer Et Water Permanent And Shaft Type King Power Equipment Operators- Finishing Machine, Bidwell $58.17 7A 3C 8P Underground Sewer Et Water And Gamaco Et Similar Equipment King Power Equipment Operators- Forklift: 3000 Lbs And Over $57.72 7A 3C 8P Underground Sewer Et Water With Attachments King Power Equipment Operators- Forklifts: Under 3000 Lbs. $55.21 7A 3C 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 Et Water King Power Equipment Operators- Hard Tail End Dump $58.69 7A 3C 8P Underground Sewer Et Water Articulating Off- Road Equipment 45 Yards. Et Over King Power Equipment Operators- Hard Tail End Dump $58.17 7A 3C 8P Underground Sewer Et Water Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators- Horizontal/directional Drill $57.72 7A 3C 8P Underground Sewer Et Water Locator King Power Equipment Operators- Horizontal/directional Drill $58.17 7A 3C 8P Underground Sewer Et Water Operator King Power Equipment Operators- Hydralifts/boom Trucks Over $57.72 7A 3C 8P Underground Sewer Et Water 10 Tons King Power Equipment Operators- Hydralifts/boom Trucks, 10 $55.21 7A 3C 8P Underground Sewer Et Water Tons And Under King Power Equipment Operators- Loader, Overhead 8 Yards. Et $59.28 7A 3C 8P Underground Sewer Et 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 Power Equipment Operators- Loaders, Plant Feed $58.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders: Elevating Type Belt $57.72 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Locomotives, All $58.17 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Material Transfer Device $58.17 7A 3C 8P Underground Sewer it Water King Power Equipment Operators- Mechanics, All (leadmen - $59.28 7A 3C 8P Underground Sewer Et Water $0.50 Per Hour Over Mechanic) htti3s://fortress.wa.aov/Ini/wacielookur)/r)rvWaaelookuc).aSDX 4/19/2017 rage ij or i i King Power Equipment Operators- Motor Patrol Graders $58.69 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mucking Machine, Mole, $58.69 7A 3C 8P Underground Sewer Et Water Tunnel Drill, Boring, Road Header And/or Shield King Power Equipment Operators- Oil Distributors, Blower $55.21 7A 3C 8P Underground Sewer Et Water Distribution Et Mulch Seeding Operator King Power Equipment Operators- Outside Hoists (elevators And $57.72 7A 3C 8P Underground Sewer Et Water Manlifts),Air Tuggers,strato King Power Equipment Operators- Overhead, Bridge Type Crane: $58.17 7A 3C 8P Underground Sewer Et Water 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 Underground Sewer Et Water Tons Through 99 Tons King Power Equipment Operators- Pavement Breaker $55.21 7A 3C 8P Underground Sewer Et 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 Et Water King Power Equipment Operators- Posthole Digger, Mechanical $55.21 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Power Plant $55.21 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pumps -Water $55.21 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $58.69 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quick Tower - No Cab, Under $55.21 7A 3C 8P Underground Sewer R Water 100 Feet In Height Based To Boom King Power Equipment Operators- Remote Control Operator On $58.69 7A 3C 8P Underground Sewer Et Water Rubber Tired Earth Moving Equipment King Power Equipment Operators- Rigger And Bellman $55.21 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Rigger/Signal Person, Bellman $57.72 7A 3C 8P Underground Sewer Et Water (Certified) King Power Equipment Operators- Rollagon $58.69 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $55.21 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Plant Mix Or Multi-lift $57.72 7A 3C 8P Underground Sewer Et 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 Et Water King $58.17 7A 3C 8P httns'//fnrtrpss_wa_nnv/Ini/wanPlnnkiin/nrvWanAlnnl-iin mcnv d/ia/7ni7 rage l--+ or 1 i Power Equipment Operators- Scraper, Self Propelled Under Underground Sewer Et Water 45 Yards King Power Equipment Operators- Scrapers - Concrete Et Carry $57.72 7A 3C 8P Underground Sewer Ft Water All King Power Equipment Operators- Scrapers, Self-propelled: 45 $58.69 7A 3C 8P Underground Sewer Et Water Yards And Over King Power Equipment Operators- Service Engineers - Equipment $57.72 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- 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 Ft Water Tractors Under 15 Metric Tons. King Power Equipment Operators- Shovel, Excavator, Backhoe: $58.69 7A 3C 8P Underground Sewer Et Water Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes, $58.17 7A 3C 8P Underground Sewer Et Water Tractors: 15 To 30 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $59.28 7A 3C 813 Underground Sewer Et Water Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $59.88 7A 3C 8P Underground Sewer Et Water Over 90 Metric Tons King Power Equipment Operators- Slipform Pavers $58.69 7A 3C 8P Underground Sewer Ft Water King Power Equipment Operators- Spreader, Topsider Ft $58.69 7A 3C 813 Underground Sewer Et Water Screedman King Power Equipment Operators- Subgrader Trimmer $58.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Bucket Elevators $57.72 7A 3C 813 Underground Sewer Et Water King Power Equipment Operators- Tower Crane Up To 175' In $59.28 7A 3C 813 Underground Sewer Et Water Height Base To Boom King Power Equipment Operators- Tower Crane: over 175' $59.88 7A 3C 8P 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 Et Water height from base to boom King Power Equipment Operators- Transporters, All Track Or $58.69 7A 3C 8P Underground Sewer Et Water Truck Type King Power Equipment Operators- Trenching Machines $57.72 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler/driver - 100 $58.17 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Truck Crane Oiler/driver $57.72 7A 3C 8P Underground Sewer Et 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 3C 8P Underground Sewer Et Water King Power Equipment Operators- Wheel Tractors, Farman Type $55.21 7A 3C 8P Underground Sewer Et Water httr)s://fortress.wa.aov/Ini/waaelookuD/r)rvWaaelookur).asDx 4/19/2017 Fage i5 or ii 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 a Air Journey Level $75.36 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 $22.64 1 King Residential Drywall Journey Level $41.69 5D 4C Applicators King Residential Drywall Tapers Journey Level $55.66 5P 1E King Residential Electricians Journey Level $30.44 1 King Residential Glaziers Journey Level $39.40 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 $24.09 1 King Residential Painters Journey Level $24.46 1 King Residential Plumbers Et Journey Level $34.69 1 Pipefitters King Residential Refrigeration Et Air Journey Level $75.36 6Z 1G Conditioning Mechanics King Residential Sheet Metal Journey Level (Field or Shop) $45.99 7F 111 Workers King Residential Soft Floor Lavers Journey Level $45.86 SA 3D King Residential Sprinkler Fitters Journey Level $44.98 5C 211 (Fire Protection) King Residential Stone Masons Journey Level $54.32 5A 1M King Residential Terrazzo Workers Journey Level $50.26 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 $47.51 5A 3H King Roofers Using Irritable Bituminous $50.51 5A 3H Materials King Sheet Metal Workers Journey Level (Field or Shop) $75.46 7F 1 E King Shipbuilding Et Ship Repair Boilermaker $41.72 7M 1H King Shipbuilding Et Ship Repair Carpenter $41.06 7T 2B King Shipbuilding Et Ship Repair Electrician 1 $41.091 7T 4B httos://fortress.wa.aov/lni/waoelookun/nrvWanelnnkun_asnx 4119/7f117 rage 10 Or 1/ King Shipbuilding Et Ship Repair Heat Et Frost Insulator $65.681 5J 4H King Shipbuilding Et Ship Repair Laborer $41.08 7T 4B King Shipbuilding Et 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 Et Ship Repair Pipefitter $41.05 7T 4B King Shipbuilding Et Ship Repair Rigger $41.12 7T 4B King Shipbuilding Et Ship Repair Sheet Metal $41.04 7T 4B King Shipbuilding Et Ship Repair Shipfitter $41.12 7T 4B King Shipbuilding Et Ship Repair Trucker $41.26 7T 4B King Shipbuilding Et Ship Repair Warehouse $41.02 7T 4B King Shipbuilding Et Ship Repair Welder/Burner $41.12 7T 4B King Sign Makers Et Installers Sign Installer $22.92 1 (Electrical) King Sign Makers Et Installers Sign Maker $21.36 1 (Electrical) King Sign Makers Et Installers (Non- Sign Installer $27.28 1 Electrical King Sign Makers Et Installers (Non- Sign Maker $33.25 1 Electrical King Soft Floor Layers Journey Level $45.86 5A 3D King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Journey Level $72.89 5C 1X Protection) King Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural) King Stone Masons Journey Level $54.32 5A 1M King Street And Parking Lot Journey Level $19.09 1 Sweeper Workers King Surveyors Assistant Construction Site $57.72 7A 3C 8P Surveyor King Surveyors Chainman $57.17 7A 3C 8P King Surveyors Construction Site Surveyor $58.69 7A 3C I 8P King Telecommunication Journey Level $22.76 1 Technicians King Telephone Line Construction - Cable Splicer $38.84 5A 2B Outside King Telephone Line Construction - Hole Digger/Ground Person $21.45 5A 2B Outside King Telephone Line Construction - Installer (Repairer) $37.21 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer 1 $38.84 5A 213 Outside King Telephone Line Construction - Special Apparatus Installer II $38.03 5A 213 Outside King Telephone Line Construction - Telephone Equipment $38.84 5A 2B Outside Operator (Heavy) King Telephone Line Construction - Telephone Equipment $36.09 5A 2B Outside Operator (Light) hffns //fnri-rpgs_wa_nnv/Ini/wanPInnkun/nrvWanpinnkun_a-.nx 4/19/2017 rage 1/ UT 1/ King Telephone Line Construction.: Telephone Lineperson $36.09 5A 2B Outside King Telephone Line Construction - Television Groundperson $20.33 5A 2B Outside King Telephone Line Construction - Television $27.21 5A 2B Outside Lineperson/Installer King Telephone Line Construction - Television System Technician $32.55 5A 2B Outside King Telephone Line Construction - Television Technician $29.18 5A 2B Outside King Telephone Line Construction - Tree Trimmer $36.09 5A 2B Outside King Terrazzo Workers Journey Level $50.26 5A 1M King Tile Setters Journey Level $21.65 1 King Tile, Marble Ft Terrazzo Finisher $41.09 5A 1 B Finishers King Traffic Control Stripers Journey Level $44.85 7A 1K King Truck Drivers Asphalt Mix Over 16 Yards (W. $52.70 5D 3A 8L WA-Joint Council 28) King Truck Drivers Asphalt Mix To 16 Yards (W. $51.86 5D 3A 8L WA-Joint Council 28) King Truck Drivers Dump Truck &Trailer $52.70 5D 3A 8L King Truck Drivers Dump Truck (W. WA-Joint $51.86 5D 3A 8L Council 28) King Truck Drivers Other Trucks (W. WA-Joint $52.70 5D 3A 8L Council 28) King Truck Drivers Transit Mixer $43.23 1 King Well Drillers Et Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers Ft Irrigation Pump Oiler $12.97 1 Installers King Well Drillers Et Irrigation Pump Well Driller $18.00 1 Installers httDs://fortress.wa.aov/Ini/waaelookuD/DrvWaaelookun.asm 4/19/2017 Benefit Code Key—Effective 3/3/2017 thru 8/30/2017 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(10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked,except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four-ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten(10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two (2)hours after eight(8)regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1 Benefit Code Key—Effective 3/3/2017 thru 8/30/2017 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 hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee)and all hours worked in excess of eight(8)hours per day(10 hours per day for a 4 x 10 workweek)and on Saturdays and holidays(except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior 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 3/3/2017 thru 8/30/2017 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 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two(2)hours after eight(8) regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The first eight(8)hours worked on the fifth day shall be paid at one and one-half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on holidays shall be paid at double the hourly rate of wage. 3. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours(12)in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar ($1.00)per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations.After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. C. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage. After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. 3 Benefit Code Key—Effective 3/3/2017 thru 8/30/2017 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-up day when a holiday falls on Friday. All hours worked Monday through Saturday over twelve (12)hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 4. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight(8)hours per day or forty(40)hours per week shall be paid at double the hourly rate of wage.All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. B. All hours worked over twelve(12)hours per day and all hours worked on holidays shall be paid at double the hourly rate of wage. 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 3/3/2017 thru 8/30/2017 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(1-1/2) 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)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The 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'/2)times 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 hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. 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 overtime hours worked,except Labor Day, and all hours on Sunday 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. Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,and Christmas Day(7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,the day before Christmas,and Christmas Day(8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and 5 Benefit Code Key—Effective 3/3/2017 thru 8/30/2017 Saturday after Thanksgiving Day, And Christmas Day(8). H. Holidays: New Year's Day, Memorial Day, Independence Day,Thanksgiving Day,the Day after Thanksgiving Day, And Christmas(6). Holiday Codes Continued 5. I. 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. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day,The Day Before Christmas,And Christmas Day(9). L. Holidays: New Year's Day, Martin Luther 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 Year's 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 6 Benefit Code Key—Effective 3/3/2017 thru 8/30/2017 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). 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 Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day, and Christmas Day (6).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day(9).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I. Holidays:New Year's Day,President's Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day,The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day(9). Any holiday which falls 7 Benefit Code Key—Effective 3/3/2017 thru 8/30/2017 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. 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 listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 8 Benefit Code Key—Effective 3/3/2017 thru 8/30/2017 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 Note Codes Continued 8. C. In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more: Over 50'To 100'-$1.00 per Foot for Each Foot Over 50 Feet Over 100'To 150'-$1.50 per Foot for Each Foot Over 100 Feet Over 150'To 200'-$2.00 per Foot for Each Foot Over 150 Feet Over 200'-Divers May Name Their Own Price D. Workers working with supplied air on hazmat projects receive an additional$1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows-Level A: $1.00,Level B: $0.75,Level C:$0.50,And Level D: $0.25. P. Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit: $2.00, Class B Suit: $1.50,Class C Suit:$1.00,And Class D Suit$0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. R. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana, or Idaho.These classifications are only effective on or after August 31,2012. S. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or 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. 9 Benefit Code Key—Effective 3/3/2017 thru 8/30/2017 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. 10 RE(2UEST FOR MAYgRSSlGNIXiVNE sunne m�lu. newctrs BlvcV*m.,}�uW4Nm. u'wo P1U n 0.¢twA N'�� k 1�3n N. � ,��i � �ion i �6 � fK,HYtt PPFP P� Qe�!glpk, a w:' :��pm d ns uri dm tt �� � ao=ums�e s �s m c nu ' �rc „ Nmnevs � q.?F �nw � t�e «�aunR`e�a..k sss�w °P � gin, �-, m flJ 'M• h R� I f U� F ,,, � IIIII �� ii» I III � I � pr 5e qp qu mwugbYlie lew wpMmes ��������� IIII �i� 1. Ilp 2A ,,,. �r opt '' M�= Yn"m Con rmaS (/ k t vkv,'.. 1'rvl �,.V,a` ��'a , Avg 'i Ylmr x � �zrr' KEN0T Agenda Item: Bids - 9A WASHINGTON TO: City Council DATE: June 6, 2017 SUBJECT: Habitat Conservation Measure 6 Project - Award MOTION: Award the Habitat Conservation Measure 6 Project to Maroni Construction in the amount of $96,649.30, 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 primarily consists of supplying, placing and anchoring approximately 20 logs with root wads in Rock Creek within the City of Kent's Clark Springs Water Treatment Facility. This project also includes installation of approximately 450 plants, erosion control measures, and hydro-seeding. This project is located east of Maple Valley. The City is constructing this project to comply with the Clark Springs Water Supply System Habitat Conservation Plan, which was enacted in 2010 to protect the City's water supply. The Engineers estimate for this project is $80,298.90. EXHIBIT(S): Memo dated May 16, 2017 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: The project will be paid out of the Water fund as budgeted for the Habitat Conservation Plan implementation.