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Home My WebLink AboutCP2006 & CP2007 #21-29 3rd Street SW and Lea Hill Bridge Deck Preservation (2) 2021 WSDOT C I T Y O F A U B U R N K I N G A N D P I E R C E C O U N T I E S , W A S H I N G T O N BID PROPOSAL PACKAGE for Project Number CP2006 & CP2007 3RD STREET SW AND LEA HILL BRIDGE DECK PRESERVATION Contract No. 21-29 Bid Opening Date: October 19, 2021 11:00 AM PT Engineering Division Public Works Department 25 West Main St. Auburn, WA 98001-4998 (253) 931-3010 BIDDER’S CHECKLIST Bidder must execute and return with submittal: 1. PROPOSAL FORM The unit prices bid must be shown in the space provided. The proposal shall be filled in and signed by the bidder. 2. NON-COLLUSION DECLARATION 3. CERTIFICATION FOR FEDERAL-AID CONTRACTS Required only on federally funded contracts exceeding $100,000 4. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 5. CERTIFICATION OF NONSEGREGATED FACILITIES 6. CONTRACTOR CERTIFICATION WAGE LAW COMPLIANCE 7. RESPONSIBLE BIDDER INFORMATION To show contractor’s ability to perform jobs of a similar nature. 8. PROPOSED EQUIPMENT AND MANPOWER SCHEDULE Provide a complete list of equipment and manpower to be used on project. 9. PROPOSAL BOND This form is to be executed by the bidder and the Surety Company unless cash, cashier’s check or a certified check in the amount of 5% of the total bid accompanies bid. The amount of this bond shall be not less than five percent (5%) of the total amount bid and may be shown in dollars or on a percentage basis. Within 48 Hours of the bid opening or included with the bid opening submittal, Bidder must execute and return the following: 1. DISADVANTAGED BUSINESS ENTERPRISE (DBE) BID ITEM BREAKDOWN FORM (instructions included) 2. LOCAL AGENCY DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION CERTIFICATION (instructions included) 3. LOCAL AGENCY DISADVANTAGED BUSINESS ENTERPRISE (DBE) WRITTEN CONFIRMATION DOCUMENT 4. DISADVANTAGED BUSINESS ENTERPRISE (DBE) TRUCKING CREDIT FORM After the Contract is awarded, execute: 1. CONTRACT To be executed by the successful bidder in duplicate. 2. CONTRACT BOND To be executed by the successful bidder and his surety company in duplicate. 3. POWER OF ATTORNEY To be submitted in duplicate. 4. EVIDENCE OF INSURANCE To be submitted in duplicate. 5. CONSTRUCTION PROGRESS SCHEDULE Submitted in duplicate, showing the entire project, to the Engineer 1 working day prior to the date of the Pre-construction Conference. To be provided in conformance with Section 1-08.3 (Progress Schedule) of the Standard Specifications. 6. REQUEST TO SUBLET WORK One copy for each subcontractor and lower tier subcontractor shall be submitted and approved by the City, prior to the subcontractor entering the project work site(s) to perform work. 7. CONTRACTOR AND SUBCONTRACTOR OR LOWER TIER SUBCONTRACTOR CERTIFICATION FOR FEDERAL-AID PROJECTS P R O P O S A L F O R M Page 1 of 5 CITY OF AUBURN 3rd Street SW and Lea Hill Bridge Deck Preservation Contract No. 21-29 Project No. CP2006 & CP2007 Bid Opening: October 19, 2021 Bids received after this time will be returned to sender unopened in accordance with Section 1-02.9 (Delivery of Proposal) of the Specifications. The undersigned hereby certifies that: 1. The project site has been inspected. 2. The Bid Documents governing the work have been read and are thoroughly understood. 3. The bidder is willing and able to execute the Contract, provide a Contract Bond and Evidence of Insurance within 20 calendar days following the receipt of the dated “Notice of Award”. 4. The “Contractor Certification Wage Law Compliance”, “Responsible Bidder Information” and “Proposed Equipment and Manpower Schedule” forms have been completed and are enclosed with this Bid Proposal. 5. A “Local Agency Subcontractor List” per Section 1-02.6 (Preparation of Proposal) of the specifications has been completed and is enclosed with this Bid Proposal if applicable. 6. By signing this Bid Proposal, I am deemed to have signed and have agreed to the provisions of the “Non-collusion Declaration” included in this package of Bid Documents. 7. A 5% Bid Deposit has been enclosed with this Bid Proposal. 8. All addendums have been acknowledged in the space provided in this Bid Proposal. 9. The bidder will promptly undertake the work upon receipt of the dated “Notice to Proceed” that will be issued within 10 working days of the contract execution date and complete the work embraced in this improvement in accordance with the Contract Documents at the following schedule of rates and prices, and it is understood that failure to complete the work within the time stated in Section 1-08.5 (Time for Completion) of the Specifications will be cause for assessment of liquidated damages in accordance with Section 1-08.9 (Liquidated Damages) of the Specifications. 10. The City may choose to include additive and/or alternate bid items or bid schedules on the Proposal Form and, if included, the City has the right to select any or all of the additive and/or alternate bid items or bid schedules. The additive and/or alternate bid items or bid schedules selected shall be added to the basic bid and the Contract award will be made based on the lowest and most acceptable total bid including selected additives and/or alternates. 11. The method of payment will be made only on the unit prices for items appearing on this Bid Proposal form. 12. The bidders must bid all items in the bid proposal. If any items are left blank or represent $0.00, the bid may be disqualified. NOTE: Unit prices for all items, all extensions and the total amount of bid must be shown. All proposals shall be typed or written in ink. FIRM NAME P R O P O S A L F O R M Page 2 of 5 3rd Street SW and Lea Hill Bridge Deck Preservation Contract No. 21-29 Project No. CP2006 & CP2007 Schedule A: Not FHWA Eligible Improvements Bid Item Std or SP Sec. No. Description Quantity Unit Unit Price Total Price 1 SP 1-05 One Year Warranty Bond 1 LS $ $ Subtotal Schedule A $ Schedule B: 3rd St. SW Bridge Decks Preservation Bid Item Std or SP Sec. No. Description Quantity Unit Unit Price Total Price 2 SP 1-05 Construction Record Drawings (Minimum Bid $500) 1 LS $ $ 3 Std 1-07 SPCC Plan 1 LS $ $ 4 Std 1-09 Mobilization 1 LS $ $ 5 Std 1-10 Project Temporary Traffic Control 1 LS $ $ 6 Std 5-03 HMA Sawcut and Seal 436 LF $ $ 7 SP 6-09 Miscellaneous Deck Repairs and Restoration 4,000 EST $1.00 $4,000.00 8 SP 6-100 Methacrylate Deck Sealer Test Section 1 LS $ $ 9 SP 6-100 Methacrylate Deck Sealer 25,038 SF $ $ 10 Std 8-01 Erosion/Water Pollution Control 1 LS $ $ 11 SP 8-09 Remove Raised Pavement Markers 165 EA $ $ 12 Std 8-09 Raised Pavement Marker Type 2 24 EA $ $ 13 Std 8-22 Remove Paint Line 2,160 LF $ $ 14 Std 8-22 Paint Line 1,540 LF $ $ 15 Std 8-22 Painted Wide Lane Line 620 LF $ $ Subtotal Schedule B $ FIRM NAME P R O P O S A L F O R M Page 3 of 5 3rd Street SW and Lea Hill Bridge Deck Preservation Contract No. 21-29 Project No. CP2006 & CP2007 Schedule C: Lea Hill Bridge Decks Preservation Bid Item Std or SP Sec. No. Description Quantity Unit Unit Price Total Price 16 SP 1-05 Construction Record Drawings (Minimum Bid $500) 1 LS $ $ 17 Std 1-07 SPCC Plan 1 LS $ $ 18 Std 1-09 Mobilization 1 LS $ $ 19 Std 1-10 Project Temporary Traffic Control 1 LS $ $ 20 SP 2-01 Clearing and Grubbing 1 LS $ $ 21 Std 2-02 Remove Extruded Curb 20 LF $ $ 22 Std 4-04 Crushed Surfacing Base Course 26 TON $ $ 23 Std 5-03 HMA Sawcut and Seal 72 LF $ $ 24 Std 6-02 Expansion Joint Modification - Compression Seal 143 LF $ $ 25 Std 6-02 Expansion Joint Modification - Rapid Cure Silicone Sealant 215 LF $ $ 26 Std 6-02 Epoxy Crack Sealing 721 LF $ $ 27 Std 6-09 Modified Concrete Overlay 1,800 CF $ $ 28 Std 6-09 Finishing and Curing Modified Concrete Overlay 1,200 SY $ $ 29 Std 6-09 Scarifying Conc. Surface 1,200 SY $ $ 30 Std 6-09 Further Deck Preparation for Type 1 Deck Repairs 40 SF $ $ 31 Std 6-09 Further Deck Preparation for Type 2 Deck Repairs 13 SF $ $ 32 SP 6-09 Miscellaneous Deck Repairs and Restoration 4,000 EST $1.00 $4,000.00 33 Std 6-09 Structure Surveying 1 LS $ $ 34 Std 8-01 Erosion/Water Pollution Control 1 LS $ $ 35 SP 8-09 Remove Raised Pavement Markers 54 EA $ $ 36 SP 8-09 Raised Pavement Marker Type 2 10 EA $ $ 37 Std 8-22 Paint Line 940 LF $ $ FIRM NAME P R O P O S A L F O R M Page 4 of 5 3rd Street SW and Lea Hill Bridge Deck Preservation Contract No. 21-29 Project No. CP2006 & CP2007 Schedule C: Lea Hill Bridge Decks Preservation Continued Bid Item Std or SP Sec. No. Description Quantity Unit Unit Price Total Price 38 Std 8-22 Painted Wide Lane Line 234 LF $ $ 39 Std 8-22 Plastic Traffic Arrow 2 EA $ $ 40 Std 8-22 Plastic Traffic Letter 8 EA $ $ Subtotal Schedule C $ Bid Summary: Subtotal Schedule A $ Subtotal Schedule B $ Subtotal Schedule C $ Total Gross Bid (Subtotal Schedule A+B+C) $ If sales tax is not identified above Contractor shall include appropriate sales tax in each bid item price as applicable (Rule 171). RECEIPT OF ADDENDA. I certify and acknowledge receipt of the following Addenda to the Bid Documents and that due consideration thereof has been used in preparing and submitting this Bid Proposal. Addendum No. Date of Receipt of Addendum Signed Acknowledgment 1 2 3 4 (NOTE: Failure to herein acknowledge receipt of the addenda may be considered an irregularity in this proposal.) FIRM NAME P R O P O S A L F O R M Page 5 of 5 3rd Street SW and Lea Hill Bridge Deck Preservation Contract No. 21-29 Project No. CP2006 & CP2007 Submitted by: I certify under penalty of perjury under the laws of the State of Washington that I am the official authorized to submit this Bid Proposal on behalf of: FIRM NAME: Address: Phone #: Email: ____________________________ Authorized Official: Title: (Please print name) Date: (Signature) Authorized Official: Title: (Please print name) Date: (Signature) Place of Execution: City and State NOTE: 1. Bidder is a(n): [ ] Corporation [ ] Individual [ ] Partnership [ ] Joint Venture [ ] Other 2. If the bidder is a corporation, its duly authorized officials must execute this proposal. Incorporated in the State of . State Contractor State Contractor License #: License Expiration Date: State Unified Business Employment Security Identifier (UBI) #: Department #: State Excise Tax Registration #: Federal Tax ID #: Construction Contractors: Please use the following City of Auburn Tax Code Numbers on retail sales where the labor and services are primarily performed in Auburn; 1. Number 1702 when the work is performed in King County 2. Number 2724 when the work is performed in Pierce County Submit Bid Proposal to: Office of City Clerk City of Auburn 25 West Main Street Auburn, WA. 98001-4998 Failure to return this Declaration as part of the bid proposal package will make the bid nonresponsive and ineligible for award. NON-COLLUSION DECLARATION I, by signing the Bid 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 Bid Proposal is submitted. 2. That by signing the signature page of this Bid Proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll-free “Hotline” Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report such activities. The “hotline” is part of USDOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. FIRM NAME DOT Form 272-036I EF Rev. 07/2011 Local Agency Certification for Federal-Aid Contracts The prospective participant certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is material representation of the fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. FIRM NAME DOT Form 272-040A EF 07/2011 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTER-PRIMARY COVERED TRANSACTIONS 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph 1.b. of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. FIRM NAME CERTIFICATION OF NONSEGREGATED FACILITIES (a) By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material suppliers, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employees will be denied access to adequate facilities on the basis of sex or disability. (b) As used in this certification, the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing area, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). (c) The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. Signed Firm Name Authorized Official Signature Title Date Address Contractor Certification Wage Law Compliance - Responsibility Criteria Washington State Public Works Contracts FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the Call for Bids. Bidder Name: ________________________________________________________ Name of Contractor/Bidder - Print full legal entity name of firm By: ________________________________ _______________________________ Signature of authorized person Print Name of person making certifications for firm Title: ______________________________ Place: __________________________ Title of person signing certificate Print city and state where signed Date: ______________________________ RESPONSIBLE BIDDER INFORMATION Bidder has been in business continuously from (year). Bank Reference: Bank Name Account Officer Phone No. Number of regular full-time employees: Number of projects in the past 5 years completed: ahead of schedule on schedule behind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for years. As a subcontractor for years. List the supervisory personnel to be employed by the Bidder and available for work on this project (Project manager, Foreman, Site Superintendent, Engineer, etc.): Name Title Years with firm List below, non-City of Auburn construction work successfully completed by the bidder within the past five years which was similar in size, scope, and difficulty to the work herein being bid upon. Year Contract Project Name Completed Amount Owner/Reference Name & Phone List all projects undertaken in the last 5 years which have resulted in partial or final settlement of the contract by arbitration or litigation in the courts: Name of Client & Project Contract Amount Total Claims Arbitrated or Litigated Amount of Settlement of Claims Has Bidder, or any representative or partner, ever failed to complete a contract? [ ] No [ ] Yes If yes, give details: FIRM NAME RESPONSIBLE BIDDER INFORMATION (continued) Has Bidder ever had any Payment/Performance Bonds called as a result of its work? [ ] No [ ] Yes If yes, please state: Project Name Contracting Party Bond Amount Has Bidder changed bonding companies in the last 3 years? [ ] No [ ] Yes If yes, give details: Has Bidder ever filed for protection under any provision of the federal bankruptcy laws or state insolvency laws? [ ] No [ ] Yes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman’s Compensation or other insurance company for accidents resulting in fatal injury or dismemberment in the past 5 years? [ ] No [ ] Yes If yes, please state: Date Type of Injury Agency Receiving Claim Will you, upon request from the City, fill out a detailed financial statement and furnish any other information that may be required by the City? [ ] No [ ] Yes The Bid Proposal signature warrants under penalty of perjury that the foregoing information is true and accurate to the best of his/her knowledge. The Bid Proposal signature authorizes the City of Auburn to verify all information contained herein. FIRM NAME PROPOSED EQUIPMENT AND MANPOWER SCHEDULE (Use additional sheets, if required) Equipment to be used: DESCRIPTION/TYPE YEAR CONDITION OWN/RENT Manpower schedule: FIRM NAME BID BOND BOND NO. KNOW ALL MEN BY THESE PRESENTS: That we, _______________________________________________________, as Principal, (hereinafter called the “Principal”), and ______________________________________________, a corporation duly organized under the laws of the ___________________________ as Surety, (hereinafter called the “Surety”), are held and firmly bound unto the CITY OF AUBURN, Washington, as Obligee, (hereinafter called the “Obligee”), in the sum of FIVE PERCENT (5%) OF TOTAL AMOUNT BID not to exceed _____________________________________________ dollars ($_____________), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 3RD STREET SW AND LEA HILL BRIDGE DECK PRESERVATION, CP2006 & CP2007, CONTRACT NO. 21-29 NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the proper payment of labor and material in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS DAY OF , 20 . Name of Contractor Signed by Principal Surety Name Signed by Surety Memorandum CITY OF *. WASHINGTON To: City Council, Mayor 11/23/2021 From: Ingrid Gaub, Public Works Director Signed Date CC: Ryan Vondrak, Capital & Construction Engineering Manager Jacob Sweeting, City Engineer/Assistant Director Engineering Services Re: Award of Public Works Contract 21-29, CP2006 & CP2007 — 3rd Street SW and Lea Hill Bridge Deck Preservation As delegated by the Mayor to award public works contracts within the authorization limits of Auburn City Code 3.10.010, I hereby approve and award Contract No. 21-29 to the lowest responsible bidder, Combined Construction, Inc., on their total low bid of$801,136.00 for Project No. CP2006 & CP2007—3rd Street SW and Lea Hill Bridge Deck Preservation. The City received 1 responsive bid and the low bid was approximately 16% below the engineer's estimate. Staff performed verifications to determine that Combined Construction, Inc. meets the responsible bidding criteria. The total estimated project costs are within the total project budget and is fully funded by federal grants. The 3rd Street SW and Lea Hill Bridge Deck Preservation project will repair and resurface the bridge deck for the Lea Hill bridge and three 3rd Street SW bridges. Staff will provide construction status updates on the monthly Capital Project Status Report. Enclosure(s): Bid Tab Summary Sheet, Vicinity Map ENG-003, Revised 9/21 Bid Tabulation - Bid Totals Summary Project:CP2006/CP2007,Combined Bridge Deck Preservation Project 3rd St.SW and Lea Hill,21-29 Prepared By:City of Auburn Bid Date:Oct.19,2021 W/O Tax Inc.Tax ENGINEER'S ESTIMATE: 5951,016.00 $951,016.00 AVERAGE BID AMOUNT: $801,136.00 5801,136.00 Basic BID Amount Total BID Amount Total BID Spread$ Total BID Spread% LOW BIDDER: Combined Construction,Inc 801,136.00 801,136.00 149,880.00 15.76% Basic BID Total BID Tax not included) (Including tax) 1. Combined Construction,Inc 5801,136.00 $801,136.00 2. Nordvind Company,LLC Non-Responsive 3. Razz Construction Non-Responsive 11/4/2021 Page 7/7 CP2006 - 3rd Street SW Bridge Decks Preservation It itti t r .. i'''''''' ' .-,,•. i 4*""t444" i V . r‘f 0 Bridge#2 41/41.140410.40011100441004000.,.44i(4•49r ssTS Bridge 3 4it 43P4 i,A'r i '-' j tt', V. As X1 , 444,ift ,..,t,t -4t"*'--*--7's;› CP2007 - Lea Hill Bridge Deck Preservation 1 4 I ', 14,M2 1 , v).. 7 ik 4t" Or."' -- itcp: 4 X- 1., 4 Iti; ' •• 4 1 Lea Hill Bridge SE 320TH ST r ctilof . 4 KING & PIERCE COUNTIES, WASHINGTON CITY OF AUBURN VICINITY MAP NOT TO SCALE 3RD STREET SW AND LEA HILL BRIDGE DECK PRESERVATION PROJECT PROJECT NO. CP2006 & CP2007 CONTRACT NO. 21-29 PUBLIC WORKS DEPARTMENT 25 West Main Street Auburn, Washington CITY OFFICIALS Nancy Backus Mayor Ingrid Gaub, P.E. Public Works Director Jacob Sweeting, P.E. City Engineer Kim Truong Project Manager DRAWING INDEX SHEET DRAWING DESCRIPTION 3RD ST SW PROJECT SITE CITY OF AUBURN APPROVALS THIS PLAN SET FOR PROJECT CP2007, SHEETS _______ TO _______, ARE APPROVED FOR CONSTRUCTION BY: KIM TRUONG JACOB SWEETING, P.E. Project Manager City Engineer CP2007 21-29 GT001 1 19 1 19 Date Date LEA HILL PROJECT SITE CP2006 CP2007-GN001 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/16/21 | 11:37 AM | RICKTV:\2100158 (CP2007 LEA HILL)\02_DESIGN (V2019)\CP2007-GN001.DWG(IF NOT, SCALE ACCORDINGLY) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com LEGEND AND SUMMARY OF QUANTITIES GENERAL STRUCTURAL NOTES, ABBREVIATIONS PRESERVATION PROJECT, AUBURN, WA 3RD STREET SW AND LEA HILL BRIDGE DECK 19 21-29 2 GN001 A SB500 A - BMH-1118(005) BMH-1080(009) CP2007 CP2006 A SB50 1 C SB50 1 C SB50 1 A SB50 1 SCARIFICATION AND MODIFIED CONCRETE OVERLAY DETAIL FOR MAIN SPAN SCARIFICATION AND MODIFIED CONCRETE OVERLAY DETAIL FOR APPROACH SLAB CP2007-SB100 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/16/21 | 11:44 AM | RICKTV:\2100158 (CP2007 LEA HILL)\02_DESIGN (V2019)\CP2007-SB100.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1080(009) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com LEA HILL BRIDGE BRIDGE PLAN PRESERVATION PROJECT, AUBURN WA 3RD STREET SW AND LEA HILL BRIDGE DECK 19 21-29 3 CP2007 SB100 PLAN SCALE: 3/32"=1'-0" SCARIFY CONCRETE SURFACE, MODIFIED CONCRETE OVERLAY, FURTHER DECK PREPARATION AND EXPANSION JOINT REPLACEMENT SEC. 18 & 17, T. 21 N. R. 5 E., W.M. CITY OF AUBURN 3RD STREET SW OVER C STREET SW BRIDGE PLAN PRESERVATION PROJECT, AUBURN, WA 3RD STREET SW AND LEA HILL BRIDGE DECK 19 21-29 4 CP2006 SB101 SCALE: 1/8" = 1'-0" PLAN CP2006-SB101 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/16/21 | 11:48 AM | RICKTV:\2100158 (CP2007 LEA HILL)\02_DESIGN (V2019)\CP2006-SB101.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1118(005) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com SEC. 13, T. 21 N. R. 4 E., W.M. CITY OF AUBURN METHACRYLATE DECK SEALER 3RD STREET SW OVER BNSF RR BRIDGE PLAN PRESERVATION PROJECT, AUBURN, WA 3RD STREET SW AND LEA HILL BRIDGE DECK 19 21-29 5 CP2006 SB102 PLAN SCALE: 3/32"=1'-0" CP2006-SB102 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/16/21 | 11:52 AM | RICKTV:\2100158 (CP2007 LEA HILL)\02_DESIGN (V2019)\CP2006-SB102.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1118(005) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com SEC. 13, T. 21 N. R. 4 E., W.M. CITY OF AUBURN METHACRYLATE DECK SEALER 3RD STREET SW OVER A STREET SW BRIDGE PLAN PRESERVATION PROJECT, AUBURN, WA 3RD STREET SW AND LEA HILL BRIDGE DECK 19 21-29 6 CP2006 SB103 SCALE: 1/8" = 1'-0" PLAN CP2006-SB103 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/16/21 | 11:55 AM | RICKTV:\2100158 (CP2007 LEA HILL)\02_DESIGN (V2019)\CP2006-SB103.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1118(005) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com SEC. 13, T. 21 N. R. 4 E., W.M. CITY OF AUBURN METHACRYLATE DECK SEALER STAGE 1 - SCARIFY NORTH PORTION OF DECK AND FURTHER DECK PREPARATION STAGE 5 - PREP LONGITUDINAL JOINT SURFACE & SCARIFY MIDDLE OF DECK & FURTHER DECK PREPARATION STAGE 4 - CURE AND FINISH NORTH HALF OF OVERLAY STAGE 8 - CURE AND FINISH SOUTH HALF OF OVERLAY STAGE 3 - POUR NORTH HALF OF OVERLAY STAGE 7 - POUR SOUTH HALF OF OVERLAY STAGE 2 - SCARIFY MIDDLE OF DECK AND FURTHER DECK PREPARATION STAGE 6 - SCARIFY SOUTH PORTION OF DECK AND FURTHER DECK PREPARATION CP2007-SB300 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/16/21 | 12:01 PM | RICKTV:\2100158 (CP2007 LEA HILL)\02_DESIGN (V2019)\CP2007-SB300.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1080(009) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com LEA HILL BRIDGE PROPOSED CONSTRUCTION SEQUENCE SECTIONS PRESERVATION PROJECT, AUBURN, WA 3RD STREET SW AND LEA HILL BRIDGE DECK 19 21-29 7 CP2007 SB300 TYPICAL SECTION LOOKING EAST 3RD STREET SW OVER C STREET SW TYPICAL SECTION PRESERVATION PROJECT, AUBURN, WA 3RD STREET SW AND LEA HILL BRIDGE DECK 19 21-29 8 CP2006 SB301 CP2006-SB301 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/16/21 | 12:03 PM | RICKTV:\2100158 (CP2007 LEA HILL)\02_DESIGN (V2019)\CP2006-SB301.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1118(005) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com TYPICAL SECTION LOOKING EAST 3RD STREET SW OVER BNSF RR TYPICAL SECTION PRESERVATION PROJECT, AUBURN, WA 3RD STREET SW AND LEA HILL BRIDGE DECK 19 21-29 9 CP2006 SB302 CP2006-SB302 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/16/21 | 12:05 PM | RICKTV:\2100158 (CP2007 LEA HILL)\02_DESIGN (V2019)\CP2006-SB302.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1118(005) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com TYPICAL SECTION LOOKING EAST 3RD STREET SW OVER A STREET SW TYPICAL SECTION PRESERVATION PROJECT, AUBURN, WA 3RD STREET SW AND LEA HILL BRIDGE DECK 19 21-29 10 CP2006 SB303 CP2006-SB303 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/16/21 | 12:07 PM | RICKTV:\2100158 (CP2007 LEA HILL)\02_DESIGN (V2019)\CP2006-SB303.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1118(005) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com NTS PLAN - TYPE 1 DECK REPAIR A - NTS SECTION - TYPE 1 DECK REPAIR A -NTS SECTION - TYPE 2A DECK REPAIR B -NTS SECTION - TYPE 2B DECK REPAIR C - NTS PLAN - TYPE 2A DECK REPAIR B - NTS PLAN - TYPE 2B DECK REPAIR C - CP2007-SB500 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/13/21 | 4:43 PM | RICKTV:\2100158 (CP2007 LEA HILL)\02_DESIGN (V2019)\CP2007-SB500.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1080(009) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com LEA HILL BRIDGE BRIDGE DECK REPAIR TYPES AND DETAILS PRESERVATION PROJECT, AUBURN, WA 3RD STREET SW AND LEA HILL BRIDGE DECK 19 21-29 11 CP2007 SB500 SCALE: 3/4" = 1'-0" EXPANSION JOINT SECTION A SB100 B - SCALE: 3/4" = 1'-0" EXPANSION JOINT SECTION C SB100 D -E - F - SCALE: 3" = 1'-0" EXPANSION JOINT SECTION B - NTS SEAL CUTTING DETAIL NTS SECTION D -NTS SECTION E -NTS SECTION F - BRIDGE DECK PANEL EXPANSION JOINT CONSTRUCTION SEQUENCE STEP 4 D - STEP 3 STEP 2 STEP 1 CP2007-SB501 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/16/21 | 12:17 PM | RICKTV:\2100158 (CP2007 LEA HILL)\02_DESIGN (V2019)\CP2007-SB501.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1080(009) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com LEA HILL BRIDGE EXPANSION JOINT DETAILS PRESERVATION PROJECT, AUBURN, WA 3RD STREET SW AND LEA HILL BRIDGE DECK 19 21-29 12 CP2007 SB501 CP2007-CM100 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/13/21 | 1:24 PM | TERENCEJZ:\2100001-2109999\2100158 LEA HILL_3RD ST BRIDGES\CADD\DESIGN\CP2007-CM100.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1118(005) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com KJH SCB RJL 09/14/2021 09/14/2021 09/14/2021 PAVEMENT MARKING - LEA HILL BRIDGE AUBURN, WA PRESERVATION PROJECT 3RD STREET SW AND LEA HILL BRIDGE DECK 19 99-17 13 CP2007 CM100 SCALE: 1" = 20' PLAN 09/15/21 CP2006-TD101 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/13/21 | 1:25 PM | TERENCEJZ:\2100001-2109999\2100158 LEA HILL_3RD ST BRIDGES\CADD\DESIGN\CP2006-TD101.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1118(005) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com KJH SCB RJL 09/14/2021 09/14/2021 09/14/2021 SEC. 13, T. 21 N. R. 4 E., W.M. CITY OF AUBURN DETOUR PLAN - 3RD STREET SW AUBURN, WA PRESERVATION PROJECT 3RD STREET SW AND LEA HILL BRIDGE DECK 19 99-17 14 CP2006 TD101 NTS DETOUR PLAN NTS TRUCK DETOUR PLAN 09/15/21 TRAFFIC MANAGEMENT PLAN - LEA HILL BRIDGE AUBURN, WA PRESERVATION PROJECT 3RD STREET SW AND LEA HILL BRIDGE DECK 19 99-17 15 CP2007 TM100 CP2007-TM100 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/14/21 | 9:02 AM | TERENCEJZ:\2100001-2109999\2100158 LEA HILL_3RD ST BRIDGES\CADD\DESIGN\CP2007-TM100.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1080(009) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com KJH SCB RJL 09/14/2021 09/14/2021 09/14/2021 NTS STAGE 1 AND STAGE 4 SEC. 18 & 17, T. 21 N. R. 5 E., W.M. CITY OF AUBURN STAGE 1 AND STAGE 4 225' SIDEWALK CLOSED AHEAD CROSS HERE SIDEWALK CLOSED AHEAD CROSS HERE 170' TO GARDEN AVE 09/15/21 TRAFFIC MANAGEMENT PLAN - LEA HILL BRIDGE AUBURN, WA PRESERVATION PROJECT 3RD STREET SW AND LEA HILL BRIDGE DECK 19 99-17 16 CP2007 TM101 CP2007-TM101 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/15/21 | 9:41 AM | TERENCEJZ:\2100001-2109999\2100158 LEA HILL_3RD ST BRIDGES\CADD\DESIGN\CP2007-TM101.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1080(009) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com KJH SCB RJL 09/14/2021 09/14/2021 09/14/2021 NTS STAGE 2 AND STAGE 3 SEC. 18 & 17, T. 21 N. R. 5 E., W.M. CITY OF AUBURN STAGE 2 AND STAGE 3 SIDEWALK CLOSED AHEAD CROSS HERE SIDEWALK CLOSED AHEAD CROSS HERE 09/15/21 TRAFFIC MANAGEMENT PLAN - LEA HILL BRIDGE AUBURN, WA PRESERVATION PROJECT 3RD STREET SW AND LEA HILL BRIDGE DECK 19 99-17 17 CP2007 TM103 CP2007-TM103 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/14/21 | 9:16 AM | TERENCEJZ:\2100001-2109999\2100158 LEA HILL_3RD ST BRIDGES\CADD\DESIGN\CP2007-TM103.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1080(009) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com KJH SCB RJL 09/14/2021 09/14/2021 09/14/2021 NTS STAGE 5 AND STAGE 7 SEC. 18 & 17, T. 21 N. R. 5 E., W.M. CITY OF AUBURN STAGE 5 AND STAGE 7 SIDEWALK CLOSED AHEAD CROSS HERE SIDEWALK CLOSED AHEAD CROSS HERE 09/15/21 TRAFFIC MANAGEMENT PLAN - LEA HILL BRIDGE AUBURN, WA PRESERVATION PROJECT 3RD STREET SW AND LEA HILL BRIDGE DECK 19 99-17 18 CP2007 TM104 CP2007-TM104 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/14/21 | 9:18 AM | TERENCEJZ:\2100001-2109999\2100158 LEA HILL_3RD ST BRIDGES\CADD\DESIGN\CP2007-TM104.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1080(009) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com KJH SCB RJL 09/14/2021 09/14/2021 09/14/2021 NTS STAGE 6 AND STAGE 8 SEC. 18 & 17, T. 21 N. R. 5 E., W.M. CITY OF AUBURN STAGE 6 AND STAGE 8 SIDEWALK CLOSED AHEAD CROSS HERE SIDEWALK CLOSED AHEAD CROSS HERE230' 230' 09/15/21 CP2006-TM105 No.Date:Revision: File: Designed Reviewed Approved BY:DATE: SCALE: ONE INCH AT FULL SCALE 811 PLEASE CALL BEFORE YOU DIG BURIED UTILITIES IN AREA 09/14/21 | 8:57 AM | TERENCEJZ:\2100001-2109999\2100158 LEA HILL_3RD ST BRIDGES\CADD\DESIGN\CP2006-TM105.DWG(IF NOT, SCALE ACCORDINGLY) BMH-1118(005) Completed By:REVIEWED BY PROJECT MANAGER: Signature Kim Truong Date 1601 5th Avenue, Suite 1600 Seattle, WA 98101 206.622.5822 www.kpff.com KJH SCB RJL 09/14/2021 09/14/2021 09/14/2021 NTS PLAN SEC. 13, T. 21 N. R. 4 E., W.M. CITY OF AUBURN 3RD STREET SW TRAFFIC MANAGEMENT PLAN AUBURN, WA PRESERVATION PROJECT 3RD STREET SW AND LEA HILL BRIDGE DECK 19 99-17 19 CP2006 TM10509/15/21 2021 WSDOT C I T Y O F A U B U R N K I N G A N D P I E R C E C O U N T I E S , W A S H I N G T O N CONTRACT PROVISIONS WITH SAMPLE CONTRACT FORMS for Project Number CP2006 & CP2007 3RD STREET SW AND LEA HILL BRIDGE DECK PRESERVATION Contract No. 21-29 Bid Opening Date: October 19, 2021 11:00 AM PT Engineering Division Public Works Department 25 West Main St. Auburn, WA 98001-4998 (253) 931-3010 C I T Y O F A U B U R N K I N G A N D P I E R C E C O U N T I E S , W A S H I N G T O N CONTRACT PROVISIONS WITH SAMPLE CONTRACT FORMS for Project Number CP2006 & CP2007 3RD STREET SW AND LEA HILL BRIDGE DECK PRESERVATION Contract No. 21-29 Engineering Division Public Works Department 25 West Main St. Auburn, WA 98001-4998 (253) 931-3010 Approved for Construction: Jacob Sweeting, P.E., Date City Engineer Reviewed By: _______________________________ Project Manager Date For Part 1: General Special Provisions Division 1. CERTIFICATION The technical material and data contained in this document were prepared under the supervision and direction of the undersigned, whose seal, as a professional engineer licensed to practice as such, is affixed below. Prepared by Aaron Olson, PE (Part 2: Technical Special Provisions 2, 6, and 8) Checked by Izzat Hasayen, PE, SE Approved by Izzat Hasayen, PE, SE 9/17/21 Introduction Description of Work DESWORK1.FR1 (March 13, 1995 WSDOT GSP) This Contract provides for the improvement of Project CP2006 & CP2007, 3rd Street SW and Lea Hill Bridge Deck Preservation. The major items of work include expansion joints replacement, hydro-milling, applying methacrylate crack sealer, installing modified concrete overlay, and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications. Project Location There are two project sites: -3rd Street SW Bridges approximately between C Street SW and A Street SW -Lea Hill Bridge on 8th Street NE/SE 320th Street Project Funding This project is funded by federal grant. TABLE OF CONTENTS Introduction Table of Contents SAMPLE CONTRACT FORMS Contract Contract Bond Warranty Bond Request to Sublet Work Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal-aid Projects PART 1: GENERAL SPECIAL PROVISIONS DIVISION 1 PART 2: TECHNICAL SPECIAL PROVISIONS DIVISIONS 2 through 9 APPENDIX ‘A’ Standard Details & Standard Plans APPENDIX ‘B’ Prevailing Wage Rates APPENDIX ‘C’ 1. Federal Requirements 2. Required Contract Provisions Federal Aid Construction Contracts 3. Title VI Assurances APPENDIX ‘D’ Department of Natural Resources – Right of Entry Agreement INVITATION FOR BIDS CITY OF AUBURN PROJECT NO. CP2006 & CP2007, CONTRACT NO. 21-29 3RD STREET SW AND LEA HILL BRIDGE DECK PRESERVATION The Office of the City Clerk will receive sealed bids at the Auburn City Hall, 25 West Main Street, Auburn, Washington until 11:00 AM PT on October 19, 2021, and will then and there be opened and publicly read aloud at the City Hall. All bids shall be filed with the City Clerk on or before the time set for bid opening. The major items of work include expansion joints replacement, hydro-milling, applying methacrylate crack sealer, installing modified concrete overlay. The proposed bid range for the project is from $700,000 to $900,000. The entire project, including cleanup, shall be physically completed within 40 working days. This project is funded by federal grant. Requirements stipulated for Federal and other governmental funding have been incorporated into the Contract Documents and require full compliance by the Contractor and any subcontractor hired by the Contractor. The Disadvantaged Business Enterprise (DBE) requirements on this project are 6% certified DBE. All bid proposals shall be accompanied by a bid deposit in cash, certified check, cashier’s check or proposal bond (surety bond) in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such Contract and furnish satisfactory Contract Bond within the time stated in the Bid Documents, the bid deposit shall be forfeited to the City of Auburn. Disadvantaged, Minority, and Women’s Business Enterprises are encouraged to respond. The City of Auburn does not discriminate on the grounds of race, color, religion, national origin, sex, sexual orientation, age or handicap in consideration for a project award. The following is applicable to this federal aid project: The City of Auburn, in accordance with Title VI of the Civil Rights Acts of 1964, 78 Statute. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. The Plans, Specifications, Addenda, Bidders List, and the Bid Proposal Package for this project are available exclusively through the City of Auburn’s online plan room. Access is provided by going to Builders Exchange of Washington (http://www.bxwa.com) and clicking on: “Posted Projects”; “Public Works”; “City of Auburn”, and “Projects Bidding”. Bidders are encouraged to “Register” in order to receive automatic email notification of future addenda and to be placed on the “Bidders List”. This online plan room provides bidders with fully usable online documents, with the ability to download, print to your own printer, order document sets from numerous reprographic sources, and a free online digitizer/take-off tool. Contact Builders Exchange of Washington at 425.258.1303 should you require assistance. The City reserves the right to reject any and all bids, waive technicalities or irregularities and to accept any bid if such action is believed to be for the best interest of the City of Auburn. Intended dates of publication: Seattle Daily Journal of Commerce - September 28, 2021, October 5, 2021 and October 12, 2021 Seattle Times - September 28, 2021 and October 5, 2021 SAMPLE CONTRACT FORMS for Project Number CP2006 & CP2007 3RD STREET SW AND LEA HILL BRIDGE DECK PRESERVATION Contract No. 21-29 C O N T R A C T Contract No. 21-29 THIS AGREEMENT AND CONTRACT, made and entered into at Auburn, Washington, by and between the CITY OF AUBURN, WASHINGTON, a municipal corporation, and , hereinafter called the CONTRACTOR. WITNESSETH: That, in consideration of the terms and conditions contained in the Contract Documents entitled “CP2006 & CP2007, 3rd Street SW and Lea Hill Bridge Deck Preservation,” which are by this reference incorporated herein and made a part of this Contract, the parties hereto covenant and agree as follows: I. The CONTRACTOR shall do all work and furnish all tools, materials and equipment for Project CP2006 & CP2007, 3rd Street SW and Lea Hill Bridge Deck Preservation __ expansion joints replacement, hydro-milling, applying methacrylate crack sealer, installing modified concrete overlay for a total contract value of $___________ in accordance with and as described in the Contract Documents which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. This Contract shall be executed by the Contractor and returned to the City within 20 calendar days after the receipt of the dated notification of award and the Contract time shall commence within 10 working days after execution of the Contract by the City and so designated on the Notice to Proceed. Physical completion shall be within 40 working days of the date on the Notice to Proceed. If said work is not completed within the time specified, the CONTRACTOR agrees to pay liquidated damages to the CITY OF AUBURN, as specified in Section 1-08.9 (Liquidated Damages) of the Standard Specifications. The CONTRACTOR shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this Contract and every part thereof, except such as are mentioned in the Contract Documents to be furnished by the CITY OF AUBURN. II. The CITY OF AUBURN hereby promises and agrees with the CONTRACTOR to employ, and does employ the CONTRACTOR to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract Documents and the terms and conditions herein contained and hereby contracts to pay for the same according to said Contract Documents and the aforesaid proposal hereto attached, at the time and in the manner and upon the conditions provided for in this Contract. III. The CONTRACTOR for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon by part of the CONTRACTOR. IV. It is further provided that no liability shall attach to the CITY OF AUBURN, WASHINGTON by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this Contract to be executed on ____________________ (“Effective Date”). CITY OF AUBURN, WASHINGTON By Nancy Backus, Mayor Countersigned: this ____ day of _____________, 20___ APPROVED AS TO FORM: Kendra Comeau, City Attorney CONTRACTOR By Authorized Official Signature C O N T R A C T B O N D CONTRACT NO. 21-29 BOND NO. ________________ BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, , as principal, and , a corporation, organized and existing under the laws of the State of as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to the City of Auburn, Washington, in the penal sum of ___________________________________________________________________ _ dollars, for the payment of which sum we jointly and severally bind ourselves and our successors, heirs, administrators or personal representatives as the case may be. This obligation is entered into in pursuance of the Statutes of the State of Washington and the Ordinances of the City of Auburn, Washington. Dated at Auburn, Washington, this ______ day of _____________________, 20____. Nevertheless, the conditions of the above obligation are such that: WHEREAS, the City of Auburn on the _____ day of ___________________, 20____, let to the above bounden principal a certain Contract. The said Contract being numbered 21-29, and providing for the construction of Project CP2006 & CP2007, 3rd Street SW and Lea Hill Bridge Deck Preservation - expansion joints replacement, hydro-milling, applying methacrylate crack sealer, installing modified concrete overlay (which Contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the said principal has accepted, or is about to accept, the said Contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, if the above bounden principal shall faithfully and truly observed and comply with the terms, conditions, and provisions of said Contract in all respects and shall well and truly and fully do and perform all matters and things by them undertaken to be performed under said Contract, upon the terms proposed therein, and any and all duly authorized modifications of said Contract that may hereafter by made, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply principal or subcontractors with provisions and supplies for the carrying on of said work and shall hold said City of Auburn, Washington, harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal or any subcontractor in the performance of said work, and shall in all respects faithfully perform said Contract according to law, and shall indemnify and hold the City of Auburn, Washington, harmless from any damage or expense by reason of failure of performance, as specified in said Contract, and The undersigned principal and the undersigned surety present this contract bond related to the Contract, PROVIDED that this document shall not be enforceable unless and until the City of Auburn awards and executes the Contract to the undersigned principal. No obligations under this bond, for the performance of the above-referenced contract, shall be enforceable until the City of Auburn has executed the contract to the undersigned principal. The Surety, hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Contract Bond in a like amount, such increase; however, not to exceed twenty – five percent (25%) of the original amount of this bond without the consent of the Surety. PROVIDED, however, that 60 days after the Completion of this Contract, the expiration of the lien period, and if there are no liens pending, and provided the conditions of the release of Contract Bond as provided in the Contract are met, THEN and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond, that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument this _____________ day of _______________________, 20_____. Principal Surety By Attorney in Fact __________________________________ __________________________________ Resident Agent’s Address & Phone Number W A R R A N T Y B O N D CONTRACT NO. 21-29 BOND NO. ________________ BOND TO CITY OF AUBURN, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, , as Principal (hereinafter called the “Principal”), and , a corporation, organized and existing under the laws of the State of , as a surety corporation, (hereinafter called the “Surety”), and qualified under the laws of the State of Washington to become Surety upon bonds of contractors with municipal corporations, as Surety, are jointly and severally held and firmly bound to the City of Auburn, Washington, in the penal sum of ___________________________________________________________________ _ dollars, for the payment of which sum we jointly and severally bind ourselves and our successors, heirs, administrators or personal representatives as the case may be. This obligation is entered into in pursuance of the Statutes of the State of Washington and the Ordinances of the City of Auburn, Washington. Dated at Auburn, Washington, this ______ day of _____________________, 20____. Nevertheless, the conditions of the above obligation are such that: WHEREAS, the Principal entered into a certain Contract with the City of Auburn, dated for Contract numbered 21-29, and providing for the construction of Project CP2006 & CP2007, 3rd Street SW and Lea Hill Bridge Deck Preservation - expansion joints replacement, hydro-milling, applying methacrylate crack sealer, installing modified concrete overlay , in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as it is fully set forth herein, and WHEREAS, the said Principal is required to guarantee all the construction of the Work installed under the said Contract, against defects in Deliverables under the Warranty provisions set forth in Section 1-05.10, Guarantees, under the Contract, which may develop during the One Year period following the Contract Completion as defined in said Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that the Surety’s obligation hereunder shall only arise upon Surety’s receipt of a copy of City of Auburn’s written notice to Principal setting out City of Auburn’s claim against Principal. City of Auburn’s written notice should state intended amount to be claimed in the event Principal fails to commence action to cure such default within 30 business days from the date of the notice. A FURTHER CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in the said work and Deliverables which may develop during the One Year period following Contract Completion or shall pay over, make good and reimburse to the said City of Auburn all loss and damage which said City of Auburn may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void, otherwise shall remain in full force and effect but not later than One Year following the Contract Completion or the date Principal delivers a further Warranty Bond in the amount as stated above per the requirements of the Contract, whichever date is later. The Principal and Surety shall hold the City of Auburn harmless from all defects appearing or developing in the material or workmanship provided or performed under this Contract within a period of One (1) Year after Contract Completion, THEN and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of this bond, that the decisions of the Courts of the State of Washington shall be binding. IN WITNESS WHEREOF, the above-bounded parties have executed this instrument this day of , 20__. Principal Surety By Attorney in Fact ________________________________ __________________________________ Resident Agent’s Address & Phone Number REQUEST TO SUBLET WORK SUBCONTRACTOR LOWER TIER SUBCONTRACTOR PRIME CONTRACTOR FEDERAL EMPLOYEE I.D. NO. * CITY CONTRACT NO. 21-29 JOB DESCRIPTION (Title) CP2006 & CP2007, 3rd Street SW and Lea Hill Bridge Deck Preservation REQUEST NUMBER APPROVAL IS REQUESTED TO SUBLET THE FOLLOWING DESCRIBED WORK TO: SUBCONTRACTOR OR LOWER TIER SUBCONTRACTOR UBI # EMPLOYMENT SECURITY I.D. NO.* L & I LICENSE # EXPIRATION DATE FEDERAL EMPLOYEE I.D. No. * EXPIRATION DATE CITY BUSINESS LICENSE # EXPIRATION DATE ADDRESS TELEPHONE NO CITY STATE ZIP ESTIMATED STARTING DATE IF LOWER TIER SUBCONTRACTOR, ID OF CORRESPONDING SUBCONTRACTOR . : * If no Federal Employer ID No., use owner’s Social Security No. WORK TO BE SUBLET ITEM NO. PARTIAL ITEM DESCRIPTION AMOUNT I understand and will ensure that the Subcontractor will comply fully with the plans and specifications under which this work is being performed. PRIME CONTRACTOR SIGNATURE DATE THIS AREA FOR CITY OF AUBURN USE ONLY PERCENT OF TOTAL CONTRACT THIS REQUEST ______________________ PREVIOUS REQUESTS ______________________ % SUBLET TO DATE ______________________ % DBE MBE WBE REMARKS: CONTRACT ADMINISTRATION SPECIALIST DATE APPROVED ENG-113, Revised 11/19 CONTRACTOR AND SUBCONTRACTOR OR LOWER TIER SUBCONTRACTOR CERTIFICATION FOR FEDERAL-AID PROJECTS (Required for each subcontractor or Lower Tier Subcontractor on all Federal-Aid projects) Contract Number Federal-aid Number State Route Number Subcontractor or Lower Tier Subcontractor To be signed by proposed subcontractor or lower tier subcontractor The contract documents for this subcontract include as part of the subcontract a special provision entitled “Required Federal-Aid Provisions”, the “Required Contract Provisions Federal-Aid Construction contracts (FHWA 1273)”, and the minimum wage rates. I certify the above statement to be true and correct. Company Signature Date Title Contractor Certification To be completed and signed by the Contractor 1.  A written agreement has been executed between my firm and the above subcontractor. 2.  A written agreement has been executed between (the subcontractor) and the above lower tier subcontractor. All documents required by the special provision entitled “Required Federal-Aid Provisions” are included in the agreement for (1) or (2) marked above. I certify the above statements under Contractor Certification to be true and correct. Company Signature Date Title INTRODUCTION TO THE SPECIAL PROVISIONS (December 10, 2020 APWA GSP) The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2021 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter “Standard Specifications”). The Standard Specifications, as modified or supplemented by these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project-specific fill-ins; and project-specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply. The project-specific Special Provisions are not labeled as such. The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and its source. For example: (March 8, 2013 APWA GSP) (April 1, 2013 WSDOT GSP) (May 2013 City of Auburn GSP) Also incorporated into the Contract Documents by reference are: · Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any · Standard Plans for Road, Bridge and Municipal Construction, WSDOT/APWA, current edition · City of Auburn Surface Water Management Manual (SWMM) Contractor shall obtain copies of these publications, at Contractor’s own expense. PART 1: GENERAL SPECIAL PROVISIONS for Project Number CP2006 & CP2007 3RD STREET SW AND LEA HILL BRIDGE DECK PRESERVATION Contract No. 21-29 TABLE OF CONTENTS PART 1: GENERAL SPECIAL PROVISIONS Division 1 General Requirements .............................................................................. 1-1 1-01 Definitions And Terms ...........................................................................................1-1 1-01.3 Definitions ........................................................................................................ 1-1 1-02 Bid Procedures and Conditions ............................................................................1-4 1-02.1 Prequalification of Bidders ............................................................................. 1-4 1-02.1 Qualifications of Bidder .................................................................................. 1-4 1-02.2 Plans and Specifications ................................................................................ 1-4 1-02.4 Examination of Plans, Specifications and Site of Work .............................. 1-4 1-02.4(1) General ............................................................................................................. 1-4 1-02.4(2) Subsurface Information .................................................................................. 1-4 1-02.5 Proposal Forms ............................................................................................... 1-5 1-02.6 Preparation of Proposal .................................................................................. 1-5 1-02.7 Bid Deposit ....................................................................................................... 1-7 1-02.9 Delivery of Proposal ........................................................................................ 1-7 1-02.10 Withdrawing, Revising, or Supplementing Proposal ................................... 1-9 1-02.12 Public Opening of Proposals ......................................................................... 1-9 1-02.13 Irregular Proposals........................................................................................ 1-10 1-02.14 Disqualification of Bidders ........................................................................... 1-11 1-02.15 Pre-Award Information .................................................................................. 1-11 1-03 Award and Execution of Contract ....................................................................... 1-12 1-03.1 Consideration of Bids ................................................................................... 1-12 1-03.3 Execution of Contract ................................................................................... 1-12 1-03.4 Contract Bond ................................................................................................ 1-13 1-03.7 Judicial Review .............................................................................................. 1-13 1-04 Scope of the Work ......................................................................................... 1-14 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications and Addenda ........................................................................ 1-14 1-04.11 Final Cleanup ................................................................................................. 1-14 1-05 Control of Work .................................................................................................... 1-15 1-05.4 Conformity with and Deviations from Plans and Stakes........................... 1-15 1-05.4(1) Contracting Agency Provided Construction Staking ................................................. 1-16 1-05.4(1)A General......................................................................................................................... 1-16 1-05.4(1)B Control Stakes ............................................................................................................ 1-16 1-05.4(1)C Survey Requests .......................................................................................................... 1-17 1-05.4(1)D Staking Services .......................................................................................................... 1-18 1-05.7 Removal of Defective and Unauthorized Work .......................................... 1-20 1-05.10 Guarantees ..................................................................................................... 1-21 1-05.11 Final Inspection ............................................................................................. 1-21 1-05.11 Final Inspections and Operational Testing ................................................. 1-21 1-05.11(1) Substantial Completion Date ....................................................................... 1-21 1-05.11(2) Final Inspection and Physical Completion Date ........................................ 1-22 1-05.11(3) Operational Testing ....................................................................................... 1-22 1-05.12 Final Acceptance ........................................................................................... 1-23 1-05.16 Water and Power ........................................................................................... 1-23 1-05.17 Oral Agreements............................................................................................ 1-23 1-05.18 Construction Record Drawings ................................................................... 1-23 1-06 Control of Material ............................................................................................... 1-25 1-06.1(2) Request for Approval of Material (RAM) ..................................................... 1-26 1-06.6 Recycled Materials ........................................................................................ 1-26 1-07 Legal Relations and Responsibilities to the Public ........................................... 1-27 1-07.1 Laws to be Observed .................................................................................... 1-27 1-07.2 State Taxes ..................................................................................................... 1-28 1-07.2(1) State Sales Tax – Rule 171 ........................................................................... 1-28 1-07.2(2) State Sales Tax – Rule 170 ........................................................................... 1-28 1-07.2(3) Services .......................................................................................................... 1-29 1-07.5(7) City of Auburn Requirements ...................................................................... 1-29 1-07.6 Permits and Licenses ................................................................................... 1-29 1-07.9 Wages ............................................................................................................. 1-30 1-07.9(1) General ........................................................................................................... 1-30 1-07.9(5) Required Documents .................................................................................... 1-30 1-07.11 Requirements for Nondiscrimination .......................................................... 1-31 1-07.11(2) Contractual Requirements ........................................................................... 1-54 1-07.12 Federal Agency Inspection ........................................................................... 1-54 1-07.15 Temporary Water Pollution Prevention ....................................................... 1-55 1-07.16 Protection and Restoration of Property ...................................................... 1-55 1-07.16(1) Private/Public Property ................................................................................. 1-56 1-07.16(1)A Protection and Restoration of Existing Markers and Monuments ........... 1-56 1-07.16(2) Vegetation Protection and Restoration ....................................................... 1-56 1-07.17 Utilities and Similar Facilities ....................................................................... 1-56 1-07.17(1) Utility Construction, Removal, or Relocation by the Contractor .............. 1-57 1-07.17(1)A Disruptions to City Water Services ............................................................. 1-57 1-07.17(2) Utility Construction, Removal, or Relocation by Others ........................... 1-57 1-07.18 Public Liability and Property Damage Insurance ....................................... 1-58 1-07.18 Insurance ........................................................................................................ 1-58 1-07.18(1) General Requirements .................................................................................. 1-58 1-07.18(2) Additional Insured ......................................................................................... 1-59 1-07.18(3) Subcontractors .............................................................................................. 1-59 1-07.18(4) Verification of Coverage ............................................................................... 1-59 1-07.18(5) Coverages and Limits ................................................................................... 1-60 1-07.18(5)A Commercial General Liability ....................................................................... 1-60 1-07.18(5)B Automobile Liability ...................................................................................... 1-61 1-07.18(5)C Workers’ Compensation ............................................................................... 1-61 1-07.18(5)D Excess or Umbrella Liability ........................................................................ 1-61 1-07.18(5)J Pollution Liability ........................................................................................... 1-61 1-07.18(5)K Professional Liability .................................................................................... 1-61 1-07.23 Public Convenience and Safety ................................................................... 1-62 1-07.23(1) Construction Under Traffic ........................................................................... 1-62 1-07.23(1)A Dust and Mud Control and Street Cleaning ................................................ 1-63 1-07.23(1)B Daily Cleanup and Maintenance Items ........................................................ 1-64 1-07.23(1)C Closure Restrictions ..................................................................................... 1-64 1-07.23(2) Construction and Maintenance of Detours ................................................. 1-65 1-07.23(3) Payment .......................................................................................................... 1-66 1-07.24 Rights of Way ................................................................................................. 1-66 1-07.28 Haul Routes .................................................................................................... 1-67 1-08 Prosecution and Progress .................................................................................. 1-67 1-08.0 Preliminary Matters ....................................................................................... 1-67 1-08.0(1) Preconstruction Conference ........................................................................ 1-67 1-08.0(2) Hours of Work ................................................................................................ 1-68 1-08.1 Subcontracting .............................................................................................. 1-69 1-08.3 Progress Schedule ........................................................................................ 1-69 1-08.3(1) General Requirements .................................................................................. 1-69 1-08.3(2) Progress Schedule Types ............................................................................ 1-70 1-08.3(2)A Type A Progress Schedules ......................................................................... 1-70 1-08.3(5) Payment .......................................................................................................... 1-70 1-08.3(7) Progress Meeting .......................................................................................... 1-70 1-08.4 Notice To Proceed And Prosecution Of The Work .................................... 1-70 1-08.5 Time for Completion...................................................................................... 1-71 1-08.5(1) Project Constraints, Sequences, and Milestones ...................................... 1-72 1-08.9 Liquidated Damages ..................................................................................... 1-72 1-09 Measurement and Payment ................................................................................. 1-73 1-09.1 Measurement of Quantities .......................................................................... 1-73 1-09.2 Weighing Equipment ..................................................................................... 1-73 1-09.2(1) General Requirements for Weighing Equipment ....................................... 1-73 1-09.2(5) Measurement ................................................................................................. 1-73 1-09.3 Scope of Payment ......................................................................................... 1-73 1-09.4 Equitable Adjustment ................................................................................... 1-73 1-09.6 Force Account ............................................................................................... 1-74 1-09.8 Payment for Material on Hand ...................................................................... 1-75 1-09.9 Payments ........................................................................................................ 1-75 1-09.9(1) Retainage ....................................................................................................... 1-76 1-09.9(1) Vacant ............................................................................................................. 1-76 1-09.13 Claims Resolution ......................................................................................... 1-76 1-09.13(3) Claims $250,000 or Less ............................................................................... 1-76 1-09.13(3)A Administration of Arbitration ....................................................................... 1-76 1-10 Temporary Traffic Control ................................................................................... 1-77 1-10.1 General ........................................................................................................... 1-77 1-10.2 Traffic Control Management ......................................................................... 1-77 1-10.2(1) General ........................................................................................................... 1-77 1-10.2(2) Traffic Control Plans ..................................................................................... 1-77 1-10.3 Traffic Control Labor, Procedures, and Devices ........................................ 1-78 1-10.3(1) Traffic Control Labor ..................................................................................... 1-78 1-10.3(1)B Other Traffic Control Labor .......................................................................... 1-78 1-10.5 Payment .......................................................................................................... 1-78 1-10.5(1) Lump Sum Bid for Project (No Unit Items) ................................................. 1-78 DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-1 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 1 Division 1 General Requirements 1-01 Definitions And Terms 1-01.3 Definitions (April 2006 City of Auburn GSP) Add the following before the first paragraph: Whenever the words “as directed”, “as required”, “as permitted”, or words of the like effect are used, it shall be understood that the direction, requirement or permission of the City of Auburn is intended. The words “sufficient”, “necessary”, “proper”, and the like shall mean sufficient, necessary or proper in the judgment of the City of Auburn. The words “approved”, “acceptable”, “satisfactory”, or other words of the like shall mean approved by, or acceptable to, the City of Auburn. (March 2018 City of Auburn GSP) Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following: Dates Bid Opening Date - The date on which the Contracting Agency publicly opens and reads the Bids. Award Date - The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work. Contract Execution Date - The date the Contracting Agency officially binds the Agency to the Contract. Notice to Proceed Date - The date stated in the Notice to Proceed on which the Contract time begins. Substantial Completion Date - The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, any remaining traffic disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains for the Physical Completion of the total Contract. Physical Completion Date - The day all of the Work is physically completed on the project. All documentation required by the Contract and required by law does not necessarily need to be furnished by the Contractor by this date. Completion Date - The day all the Work specified in the Contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the Contract and required by law must be furnished by the Contractor before establishment of this date. Final Acceptance Date See Completion Date. (March 2018 City of Auburn GSP) Supplement this section with the following: All references in the Standard Specifications, Amendments, or WSDOT General Special Provisions, to the terms “State”, “Department of Transportation”, “Washington State DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-2 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Transportation Commission”, “Commission”, “Secretary of Transportation”, “Secretary”, “Headquarters”, and “State Treasurer” shall be revised to read “Contracting Agency”. All references to the terms “State” or “state” shall be revised to read “Contracting Agency” unless the reference is to an administrative agency of the State of Washington, a State statute or regulation, or the context reasonably indicates otherwise. All references to “State Materials Laboratory” shall be revised to read “Contracting Agency designated location”. All references to “final contract voucher certification” shall be interpreted to mean the final payment form established by the Contracting Agency. Additive - A supplemental unit of work or group of bid items, identified separately in the Bid Proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid. Alternate - One of two or more units of work or groups of bid items, identified separately in the Bid Proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. Business Day - A business day is any day from Monday through Friday except holidays as listed in Section 1-08.5. Contract Bond - The definition in the Standard Specifications for “Contract Bond” applies to whatever bond form(s) are required by the Contract Documents, which may be a combination of a Payment Bond and a Performance Bond. Contract Documents - See definition for “Contract”. Contract Time - The period of time established by the terms and conditions of the Contract within which the Work must be physically completed. Notice of Award - The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency’s acceptance of the Bid Proposal. Notice to Proceed - The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins. Traffic - Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. (November 2020 City of Auburn GSP) Supplement this section with the following: Bid Documents - Contract Documents may be referred to as “Bid Documents” before award and execution of the Contract. Bid Proposal Package - The documents to be submitted by the Contractor for bid consideration. The “Bid Proposal Package” includes those documents identified in the Bidder’s Checklist, and may include, but not be limited to the following: · Bidder’s Checklist · Proposal Form · Non-collusion Declaration Form · Certification For Federal-Aid Contracts Form · Certification Regarding Debarment and Suspension Form DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-3 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation · Certification of Nonsegregated Facilities Form · Contractor Certification Wage law Compliance · Local Agency Disadvantaged Business Enterprise Utilization Certification Form · Local Agency Disadvantage Business Enterprise (DBE) Written Confirmation Document Form · Disadvantaged Business Enterprise (DBE) Trucking Credit Form · Disadvantaged Business Enterprise (DBE) Bid Item Breakdown Form · Responsible Bidder Information · Proposed Equipment and Manpower Schedule · Local Agency Subcontractor List · Bid Bond City of Auburn - See Contracting Agency Contracting Agency - City of Auburn, also referred to as the City, is responsible for the execution and administration of the contract. Current Edition - The latest specifications, standards, or requirements of the respective issuing agencies which have been published as of the date that the work is advertised for bids, shall apply; except to the extent that said standards or requirements may be in conflict with applicable laws, ordinances, or governing codes. Equal Products - The terms “or equal”, “approved equal”, “approved equivalent” “or equivalent”, etc., as used in the Contract Documents, shall mean a manufactured article, material, method, or work, which in the opinion of the Engineer, is equally desirable or suitable for the purposes intended in the Contract Documents, as compared with similar articles specifically mentioned therein. Equitable Adjustment or Eq. Adj. - The term Equitable Adjustment or Eq. Adj. used in the Bid Proposal Form for Units shall mean that the City has included an estimated dollar amount for that bid item only to provide a common proposal for Bidders. All such dollar amounts are to become part of the Contractor’s total bid. Estimate - The term Estimate or Est. used in the Bid Proposal Form for Units shall mean that the City has included an estimated dollar amount for that bid item, only to provide a common proposal for Bidders. All such dollar amounts are to become part of the Contractor’s total bid. Incidental Work - The terms incidental to the project, incidental to the involved bid item(s), etc., as used in the Contract Documents shall mean that the Contractor is required to provide the specified work complete and the cost of such work shall be incidental and included in the unit contract prices as specified in Section 1-04.1 (Intent of the Contract). No additional payment will be made for this work. Plans - The Contract Plans and the Standard Details or Standard Plans referenced in these Special Provisions, which show location, character, and dimensions of prescribed work including layouts, profiles, cross-sections, and other details. Shop Drawings - Same as “Working Drawings” as defined in the Standard Specifications. Special Provisions - These provide modifications to the Standard Specifications. Standard Details - Same as “Standard Plans” as defined in the Standard Specifications. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-4 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Standard Plans - The manual of standard Plans adopted by the City of Auburn is the City of Auburn Construction Standards – Part 2 Standard Details, which includes City of Auburn Standard Details and certain WSDOT Standard Plans by reference. Standard Specifications - The Standard Specifications for Road, Bridge and Municipal Construction, 2021 (English) edition as issued by the Washington State Department of Transportation, hereinafter referred to as the “Standard Specifications”. Supplemental Drawings and Instructions - Additional instructions by the Engineer at the request of the Contractor by means of drawings or documents necessary, in the opinion of the Engineer, for the proper execution of the work. Such drawings and instructions are consistent with the Contract Documents. Warranty Bond - The approved form of security furnished by the Contractor and the Contractor’s Surety as required by the Contract, that guarantees performance of warranty work required by the Contract and payment to the City in the event the Contractor fails to perform the required warranty work. 1-02 Bid Procedures and Conditions 1-02.1 Prequalification of Bidders (January 24, 2011 APWA GSP) Delete this section and replace it with the following: 1-02.1 Qualifications of Bidder Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to be awarded a public works project. 1-02.2 Plans and Specifications (August 2020 City of Auburn GSP) Delete this section and replace it with the following: Information as to where Bid Documents can be obtained or reviewed will be found in the Call for Bids (Advertisement for Bids) for the work. 1-02.4 Examination of Plans, Specifications and Site of Work 1-02.4(1) General (June 24, 2021 APWA GSP Option B) The first sentence of the seventh paragraph, beginning with “Any prospective Bidder desiring…”, is revised to read: Any prospective Bidder desiring an explanation or interpretation of the Bid Documents, shall request the explanation or interpretation in writing by close of business 3 business days preceding the bid opening to allow a written reply to reach all prospective Bidders before the submission of their Bids. 1-02.4(2) Subsurface Information (March 8, 2013 APWA GSP) The second sentence in the first paragraph is revised to read: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-5 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation The Summary of Geotechnical Conditions and the boring logs, if and when included as an appendix to the Special Provisions, shall be considered as part of the Contract. (January 2017 City of Auburn GSP) Supplement this section with the following: Because of the varying soil composition and ground water levels encountered in various areas and at different seasons of the year, the City of Auburn makes no representation of such conditions as they may pertain to this project. 1-02.5 Proposal Forms (July 31, 2017 APWA GSP) Delete this section and replace it with the following: The Proposal Form will identify the project and its location and describe the work. It will also list estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder’s name, address, telephone number, and signature; the bidder’s UDBE/DBE/M/WBE commitment, if applicable; a State of Washington Contractor’s Registration Number; and a Business License Number, if applicable. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the Proposal Form. The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the Proposal Form unless otherwise specified. 1-02.6 Preparation of Proposal (December 10, 2020 APWA GSP, Option A) Supplement this section with the following: The Bidder shall submit with the Bid a completed Disadvantaged Business Enterprise (DBE) Utilization Certification, when required by the Special Provisions. For each and every DBE firm listed on the Bidder’s completed Disadvantaged Business Enterprise Utilization Certification, the Bidder shall submit written confirmation from that DBE firm that the DBE is in agreement with the DBE participation commitment that the Bidder has made in the Bidder’s completed Disadvantaged Business Enterprise Utilization Certification. WSDOT Form 422 031 (Disadvantaged Business Enterprise Written Confirmation Document) is to be used for this purpose. Bidder must submit good faith effort documentation only in the event the bidder’s efforts to solicit sufficient DBE participation have been unsuccessful. The Bidder shall submit a DBE Bid Item Breakdown form defining the scope of work to be performed by each DBE listed on the DBE Utilization Certification. If the Bidder lists a DBE Trucking firm on the DBE Utilization Certification, then the Bidder must also submit a DBE Trucking Credit Form (WSDOT Form 272-058) documenting DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-6 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation how the DBE Trucking firm will be able to perform the scope of work subcontracted to them. Directions for delivery of the Disadvantaged Business Enterprise Written Confirmation Documents, Disadvantaged Business Enterprise Good Faith Effort documentation, DBE Bid Item Breakdown Form and the DBE Trucking Credit Form are included in Section 1- 02.9. (December 10, 2020 APWA GSP, Option B) Supplement the second paragraph with the following: 4. If a minimum bid amount has been established for any item, the unit or lump sum price must equal or exceed the minimum amount stated. 5. Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid. Delete the last two paragraphs, and replace them with the following: The Bidder shall submit with their Bid a completed Contractor Certification Wage Law Compliance form, provided by the Contracting Agency. Failure to return this certification as part of the Bid Proposal package will make this Bid Nonresponsive and ineligible for Award. A Contractor Certification of Wage Law Compliance form is included in the Proposal Forms. The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign). A bid by a partnership shall be executed in the partnership name, and signed by a partner. A copy of the partnership agreement shall be submitted with the Bid Form if any UDBE requirements are to be satisfied through such an agreement. A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form if any UDBE requirements are to be satisfied through such an agreement. (June 2017 City of Auburn GSP) Supplement this section with the following: Any correction to a bid made by interlineation, alteration, or erasure, may also be initialed by an authorized representative of the bidder. (March 2015 City of Auburn GSP) Supplement this section with the following: According to RCW 39.30.060, since the expected total cost of this contract exceeds $1,000,000 the bidder shall submit, as part of the bid, the names of the specific subcontractors, if awarded the contract, who are proposed to perform the work of heating, ventilation and air conditioning, plumbing as described in chapter 18.106 RCW, and electrical as described in chapter 19.28 RCW or to name itself for the work. The bidder shall not list DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-7 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the bidder must indicate which subcontractor will be used for which alternative. Failure to name such subcontractors or itself shall render the bidder’s bid non-responsive and, therefore, void. The Local Agency Subcontract List, has been included herein for this purpose. The City of Auburn defines the expected total cost of a contract as the Engineer’s Estimate, which includes all schedules and sales tax as applicable. 1-02.7 Bid Deposit (May 2015 City of Auburn GSP) This section is revised as follows: The third and fourth sentences of the first paragraph are deleted. The last paragraph is deleted and replaced with the following: 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. (March 8, 2013 APWA GSP) Supplement this section with the following: Bid bonds shall contain the following: 1. Contracting Agency-assigned number for the project; 2. Name of the project; 3. The Contracting Agency named as obligee; 4. The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded; 5. Signature of the bidder’s officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany the said signature; 6. The signature of the surety’s officer empowered to sign the bond and the power of attorney. If so stated in the Contract Provisions, bidder must use the bond form included in the Contract Provisions. If so stated in the Contract Provisions, cash will not be accepted for a bid deposit. 1-02.9 Delivery of Proposal (June 17, 2021 APWA GSP, Option A) Delete this section and replace it with the following: Each Proposal shall be submitted in a sealed envelope, with the Project Name and Project Number as stated in the Call for Bids clearly marked on the outside of the envelope, or as otherwise required in the Bid Documents, to ensure proper handling and delivery. To be considered responsive on a FHWA-funded project, the Bidder may be required to submit the following items, as required by Section 1-02.6: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-8 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation · DBE Utilization Certification · DBE Written Confirmation Document from each DBE firm listed on the Bidder’s completed DBE Utilization Certification (WSDOT 272-056) · Good Faith Effort (GFE) Documentation · DBE Bid Item Breakdown (WSDOT 272-054) · DBE Trucking Credit Form (WSDOT 272-058) DBE Utilization Certification The DBE Utilization Certification shall be received at the same location and no later than the time required for delivery of the Proposal. The Contracting Agency will not open or consider any Proposal when the DBE Utilization Certification is received after the time specified for receipt of Proposals or received in a location other than that specified for receipt of Proposals. The DBE Utilization Certification may be submitted in the same envelope as the Bid deposit. DBE Written Confirmation and/or GFE Documentation The DBE Written Confirmation Documents and/or GFE Documents are not required to be submitted with the Proposal. The DBE Written Confirmation Document(s) and/or GFE (if any) shall be received either with the Bid Proposal or as a Supplement to the Bid. The documents shall be received no later than 48 hours (not including Saturdays, Sundays and Holidays) after the time for delivery of the Proposal. To be considered responsive, Bidders shall submit Written Confirmation Documentation from each DBE firm listed on the Bidder’s completed DBE Utilization Certification and/or the GFE as required by Section 1-02.6. DBE Bid Item Breakdown and DBE Trucking Credit Form The DBE Bid Item Breakdown and the DBE Trucking Credit Forms (if applicable) shall be received either with the Bid Proposal or as a Supplement to the Bid. The documents shall be received no later than 48 hours (not including Saturdays, Sundays and Holidays) after the time for delivery of the Proposal. To be considered responsive, Bidders shall submit a completed DBE Bid Item Breakdown and a DBE Trucking Credit Form for each DBE Trucking firm listed on the DBE Utilization Certification, however, minor errors and corrections to DBE Bid Item Breakdown or DBE Trucking Credit Forms will be returned for correction for a period up to five calendar days (not including Saturdays, Sundays and Holidays) after the time for delivery of the Proposal. A DBE Bid Item Breakdown or DBE Trucking Credit Forms that are still incorrect after the correction period will be determined to be non-responsive. Proposals that are received as required will be publicly opened and read as specified in Section 1-02.12. The Contracting Agency will not open or consider any Bid Proposal that is received after the time specified in the Call for Bids for receipt of Bid Proposals, or received in a location other than that specified in the Call for Bids. The Contracting Agency will not open or consider any “Supplemental Information” (DBE confirmations, or GFE documentation) that is received after the time specified above, or received in a location other than that specified in the Call for Bids. If an emergency or unanticipated event interrupts normal work processes of the Contracting Agency so that Proposals cannot be received at the office designated for receipt of bids as specified in Section 1-02.12 the time specified for receipt of the DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-9 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Proposal will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which the normal work processes of the Contracting Agency resume. (July 2021 City of Auburn GSP) The City will not consider proposals it receives after the time fixed for opening bids as specified in Section 1-02.12 (Public Opening of Proposals). Executed “Bid Proposal Package” documents shall be submitted in a sealed envelope provided by the Bidder, to the following address: Office of the City Clerk City of Auburn 25 West Main Street Auburn, WA 98001-4998 The sealed Bid Proposal Package envelope shall be plainly marked with the Bidder’s firm name, return address and telephone number, and in the lower left hand corner marked with “Sealed Bid for Project CP2006 & CP2007, 3rd Street SW and Lea Hill Bridge Deck Preservation; opening 11:00 AM PT on October 19, 2021”. Proposals may also be sent by mail. Mailed proposals shall be sealed in a second envelope, also addressed and marked as stated above. If the mail option is chosen, it is the Contractor’s sole responsibility to ensure that the City receives the Proposal prior to the specified Bid Opening date and time. Proposals received after the specified Bid Opening date and time will be deemed non-responsive and will not be opened or considered. 1-02.10 Withdrawing, Revising, or Supplementing Proposal (July 23, 2015 APWA GSP) Delete this section, and replace it with the following: After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may withdraw, revise, or supplement it if: 1. The Bidder submits a written request signed by an authorized person and physically delivers it to the place designated for receipt of Bid Proposals, and 2. The Contracting Agency receives the request before the time set for receipt of Bid Proposals, and 3. The revised or supplemented Bid Proposal (if any) is received by the Contracting Agency before the time set for receipt of Bid Proposals. If the Bidder’s request to withdraw, revise, or supplement its Bid Proposal is received before the time set for receipt of Bid Proposals, the Contracting Agency will return the unopened Proposal package to the Bidder. The Bidder must then submit the revised or supplemented package in its entirety. If the Bidder does not submit a revised or supplemented package, then its bid shall be considered withdrawn. Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded by the Contracting Agency and returned unopened. Mailed, emailed, or faxed requests to withdraw, revise, or supplement a Bid Proposal are not acceptable. 1-02.12 Public Opening of Proposals (July 2021 City of Auburn GSP) Supplement the section with the following: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-10 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Bid Proposal Packages will be opened and publicly read aloud at 11:00 AM PT on October 19, 2021 by the City Clerk in the Auburn City Hall located at 25 West Main Street, Auburn WA. City of Auburn Bid Openings will be held virtually and telephonically. To attend the Bid Opening virtually, please click the link or enter the Webinar ID into the Zoom app or call into the meeting at the phone number listed below. The link to the Virtual Meeting or phone number to listen to the Bid Opening for this project is: Please click the link below to join the webinar: https://us06web.zoom.us/j/83616212391 Or join by phone: 253 215 8782 877 853 5257 (Toll Free) Webinar ID: 836 1621 2391 1-02.13 Irregular Proposals (June 2021 City of Auburn GSP) Delete this section and replace it with the following: 1. A Proposal will be considered irregular and will be rejected if: a. The Bidder is not prequalified when so required; b. The authorized Proposal form furnished by the Contracting Agency is not used or is altered; c. The completed Proposal form contains any unauthorized additions, deletions, alternate Bids, or conditions; d. The Bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract; e. A price per unit cannot be determined from the Bid Proposal; f. The Proposal form is not properly executed; g. The Bidder fails to submit or properly complete a Subcontractor list, if applicable, as required in Section 1-02.6; h. The Bidder fails to submit or properly complete a Disadvantaged Business Enterprise Certification, if applicable, as required in Section 1-02.6; i. The Bidder fails to submit written confirmation from each DBE firm listed on the Bidder’s completed DBE Utilization Certification that they are in agreement with the bidder’s DBE participation commitment, if applicable, as required in Section 1-02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions; j The Bidder fails to submit DBE Good Faith Effort documentation, if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to demonstrate that a Good Faith Effort to meet the Condition of Award was made; DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-11 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation k. The Bidder fails to submit a DBE Bid Item Breakdown form, if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; l. The Bidder fails to submit DBE Trucking Credit Forms, if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; m. The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or n. More than one Proposal is submitted for the same project from a Bidder under the same or different names. 2. A Proposal may be considered irregular and may be rejected if: a. The Proposal does not include a unit price for every Bid item; b. Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency; c. Receipt of Addenda is not acknowledged; d. A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be rejected); or e. If Proposal form entries are not made in ink or digitally placed. 1-02.14 Disqualification of Bidders (May 17, 2018 APWA GSP, Option A) Delete this section and replace it with the following: A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1), as amended. The Contracting Agency will verify that the Bidder meets the mandatory bidder responsibility criteria in RCW 39.04.350(1). To assess bidder responsibility, the Contracting Agency reserves the right to request documentation as needed from the Bidder and third parties concerning the Bidder’s compliance with the mandatory bidder responsibility criteria. If the Contracting Agency determines the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1) and is therefore not a responsible Bidder, the Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the determination within two (2) business days of the Contracting Agency’s determination by presenting its appeal and any additional information to the Contracting Agency. The Contracting Agency will consider the appeal and any additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Contracting Agency will not execute a contract with any other Bidder until at least two business days after the Bidder determined to be not responsible has received the Contracting Agency’s final determination. 1-02.15 Pre-Award Information (August 14, 2013 APWA GSP) Revise this section to read: Before awarding any contract, the Contracting Agency may require one or more of these items or actions of the apparent lowest responsible bidder: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-12 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 1. A complete statement of the origin, composition, and manufacture of any or all materials to be used, 2. Samples of these materials for quality and fitness tests, 3. A progress schedule (in a form the Contracting Agency requires) showing the order of and time required for the various phases of the work, 4. A breakdown of costs assigned to any bid item, 5. Attendance at a conference with the Engineer or representatives of the Engineer, 6. Obtain, and furnish a copy of, a business license to do business in the city or county where the work is located. 7. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder. 1-03 Award and Execution of Contract 1-03.1 Consideration of Bids (January 23, 2006 APWA GSP) Revise the first paragraph to read: After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. If a minimum bid amount has been established for any item and the bidder’s unit or lump sum price is less than the minimum specified amount, the Contracting Agency will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond. 1-03.3 Execution of Contract (October 1, 2005 APWA GSP) Revise this section to read: Copies of the Contract Provisions, including the unsigned Form of Contract, will be available for signature by the successful bidder on the first business day following award. The number of copies to be executed by the Contractor will be determined by the Contracting Agency. Within 20 calendar days after the award date, the successful bidder shall return the signed Contracting Agency-prepared contract, an insurance certification as required by Section 1- 07.18, and a satisfactory bond as required by law and Section 1-03.4. Before execution of the contract by the Contracting Agency, the successful bidder shall provide any pre-award information the Contracting Agency may require under Section 1-02.15. Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency- furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-13 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation If the bidder experiences circumstances beyond their control that prevents return of the contract documents within the calendar days after the award date stated above, the Contracting Agency may grant up to a maximum of 7 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. 1-03.4 Contract Bond (September 2019 City of Auburn GSP) Delete the first paragraph and replace it with the following: The successful bidder shall provide executed payment and performance bond(s) for the full contract amount. The bond shall be a combined payment and performance bond and shall: 1. Be on Contracting Agency-furnished form(s); 2. Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner, 3. Guarantee that the Contractor will perform and comply with all obligations, duties, and conditions under the Contract, including but not limited to the duty and obligation to indemnify, defend, and protect the Contracting Agency against all losses and claims related directly or indirectly from any failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform and comply with all contract obligations, conditions, and duties, or b. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work; 4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the project under titles 50, 51, and 82 RCW; and 5. Be accompanied by a power of attorney for the Surety’s officer empowered to sign the bond; and 6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond must be signed by the president or vice president, unless accompanied by written proof of the authority of the individual signing the bond to bind the corporation (i.e., corporate resolution, power of attorney, or a letter to such effect signed by the president or vice president). 1-03.7 Judicial Review (November 30, 2018 APWA GSP) Revise this section to read: Any decision made by the Contracting Agency regarding the Award and execution of the Contract or Bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington Law. Such review, if any, shall be timely filed in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-14 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 1-04 Scope of the Work 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications and Addenda (December 10, 2020 APWA GSP) Revise the second paragraph to read: Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Addenda, 2. Proposal Form, 3. Special Provisions, 4. Contract Plans, 5. Standard Specifications, 6. Contracting Agency’s Standard Plans or Details (if any), and 7. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. (April 2017 City of Auburn GSP) Supplement the section with the following: The Contract will be known as Project CP2006 & CP2007, 3rd Street SW and Lea Hill Bridge Deck Preservation. (September 2019 City of Auburn GSP) Add the following new section: 1-04.3(2) Request for Information (RFI) Requests for Information (RFI’s), shall be made electronically and shall be transmitted via e- mail to PWSubmittals@auburnwa.gov. The e-mail subject line of electronic RFI’s shall include the following: CP2006 & CP2007, 3rd Street SW and Lea Hill Bridge Deck Preservation - <<<RFI Title>>>. Each e-mail shall be limited to 10 MB’s in size. In the event the Contractor cannot meet the 10 MB’s size limit for a specific RFI, the Contractor may request to submit the individual RFI as a hardcopy. Hardcopy RFI’s shall be either mailed to the City of Auburn Public Works Department at 25 West Main St, Auburn, WA 98001 or dropped off at the City of Auburn Customer Service Center located on the 2nd floor of the One East Main St, Auburn WA 98001 building. All RFI’s shall accompany the City of Auburn “CIP Construction Request for Information” (RFI) form as a cover letter with enough information provided for the Engineer to respond accordingly. The time required to evaluate and review RFI’s is not the same for all RFI’s. The Contractor shall allow a minimum of 10 calendar days upon receipt of the RFI, unless otherwise noted, for the Engineer to respond. 1-04.11 Final Cleanup (February 2018, City of Auburn GSP) Supplement the section with the following: Final cleanup shall also include cleaning out all newly installed storm drain pipe and structures and any ditches that may have been filled during the work, replacing damaged surfacing, and putting the site in a neat, orderly condition and, in respect to structures, cleaning all windows and leaving buildings broom clean. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-15 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 1-05 Control of Work 1-05.4 Conformity with and Deviations from Plans and Stakes (September 2016 City of Auburn GSP) Revise the second sentence of the second paragraph to read: The allowable tolerance for the Contractor’s work shall not exceed 0.02 feet from lines, grades, depths and cross-sections shown on the Plans unless otherwise specified in these contract documents. (July 23, 2015 APWA GSP, Option 1) Supplement this section with the following: Roadway and Utility Surveys Unless otherwise specified, the Engineer shall furnish to the Contractor one time only all principal lines, grades, and measurements the Engineer deems necessary for completion of the work. These shall generally consist of one initial set of: 1. Slope stakes for establishing grading; 2. Curb grade stakes; 3. Centerline finish grade stakes for pavement sections wider than 25 feet; and 4. Offset points to establish line and grade for underground utilities such as water, sewers, and storm drains. On alley construction projects with minor grade changes, the Engineer shall provide only offset hubs on one side of the alley to establish the alignment and grade. (September 2016 City of Auburn GSP) The Contractor shall inform the Engineer at least 3 working days in advance where they intend to work, thus enabling the Engineer to set the engineering control point, lines, and grades with a minimum of delay and interference. The Engineer may require additional advance notice dependent upon survey requirements and scheduling. Delays caused by lack of stakes or as a result of the Contractor failing to be specific when requesting survey staking shall not be the basis for additional time or claims for additional compensation by the Contractor. (July 23, 2015 APWA GSP, Option 2) Supplement this section with the following: Bridge and Structure Surveys For all structural work such as bridges and retaining walls, the Contractor shall retain, as a part of Contractor’s organization, an experienced team of surveyors. The Contractor shall provide all surveys required to complete the structure, except the following primary survey control, which will be provided by the Engineer: 1. Centerline or offsets to centerline of the structure. 2. Stations of abutments and pier centerlines. 3. A sufficient number of bench marks for levels to enable the Contractor to set grades at reasonably short distances. 4. Monuments and control points as shown in the Plans. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-16 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation The Contractor shall establish all secondary survey controls, both horizontal and vertical, as necessary to assure proper placement of all project elements based on the primary control points provided by the Engineer. Survey work shall be within the following tolerances: Stationing ±0.01 foot Alignment ±0.01 foot (between successive points) Superstructure Elevations ±0.01 foot (from plan elevations) Substructure Elevations ±0.05 foot (from plan elevations) During the progress of the work, the Contractor shall make available to the Engineer all field books including survey information, footing elevations, cross sections and quantities. The Contractor shall be fully responsible for the close coordination of field locations and measurements with appropriate dimensions of structural members being fabricated. (July 2021 City of Auburn GSP) Delete the fourth through seventh paragraph of this section and add the following new subsection: 1-05.4(1) Contracting Agency Provided Construction Staking 1-05.4(1)A General As used in this Section 1-05.4, the words, “stake,” “mark,” “marker,” or “monument” will be deemed to include any kind of survey marking, whether or not set by the Contracting Agency. 1-05.4(1)B Control Stakes The Engineer will supply construction stakes and marks establishing lines, slopes and grades in accordance with this Section of these Special Provisions. The Contractor shall assume full responsibility for detailed dimensions, elevations, and excavation slopes measured from these Engineer furnished stakes and marks. A claim by the Contractor for extra compensation by reason of alterations or reconstruction work allegedly due to error in the Engineer’s line and grade will not be allowed unless the original control points set by the Engineer still exist, or unless the Contractor can provide other satisfactory substantiating evidence to prove the error was caused by incorrect Engineer furnished survey data. Three consecutive points set on line or grade shall be the minimum points used to determine any variation from a straight line or grade. Any such variation shall, upon discovery, be reported to the Engineer. The Contractor shall provide a work site clear of equipment, stockpiles and obstructions which has been prepared and maintained to permit construction staking to proceed in a safe and orderly manner. The Engineer will stake a finite amount of work in a single day in accordance with Section 1-05.4(1)C of these Special Provisions. Stakes that constitute reference points for all construction work will be conspicuously marked with an appropriate color of flagging tape. It will be the responsibility of the Contractor to DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-17 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation inform its employees and subcontractors of the importance and necessity to preserve the stakes. 1-05.4(1)C Survey Requests It shall be the Contractor’s responsibility to properly schedule survey work and coordinate staking requests with construction activities. The Engineer may be reasonably expected to stake any one of the following items, in the quantity shown, in a single day: Roadway grading +/-1500 lineal feet of centerline Storm or sanitary sewer Approximately 8-10 structures Water main +/-1500 lineal feet of pipe Curb and gutter +/-1300 lineal feet (one side only) Base and top course +/-1000 lineal feet of centerline Slope staking +/-800-1200 lineal feet (top and toe) Illumination/signalization Approximately 15-20 structures Actual quantities may vary based on the complexity of the project, line of sight considerations, traffic interference, properly prepared work site, and other items that could affect production. The Contractor shall be aware that length does not always translate directly into stationing. For example, a survey request for storm sewer pipe from Station 3+00 to 8+00 is 500 lineal feet in length. There may be 1000 lineal feet, or more, of storm sewer pipe, if the pipe is placed on both sides of the roadway and interconnected. The Contractor shall provide staking requests at least three (3) working days before the Engineer needs to begin the staking operation. If the work site is obstructed so that survey work cannot be done, a new survey request shall be submitted by the Contractor so that the survey work can be rescheduled once the site is properly prepared. An additional 3 working days may be required to complete the rescheduled work. The Contractor shall work to preserve stakes and marks set by the Engineer. The Contracting Agency will deduct from payments due the Contractor all costs to replace such stakes, marks, carelessly or willfully damaged or destroyed by the Contractor’s operation. A new survey request shall be submitted by the Contractor to replace the damaged or destroyed stakes. An additional 3 working days may be required to complete the request. If the removal of a control stake or monument is required by the construction operations of the Contractor or its subcontractors, and advance notice of at least three (3) working days is given to the Engineer, the Engineer will reference, remove, and later replace the stakes at no cost to the Contractor. The Contractor is not entitled to an extension of time, as provided for in Section 1-08.8 as a result of any replacement of control stakes. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-18 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 1-05.4(1)D Staking Services The Contractor shall determine appropriate construction stake offset distances to prevent damage to stakes by its construction equipment. The Engineer shall furnish to the Contractor, one time only, all principal lines, grades and measurements the Engineer deems necessary for completion of the work. These shall generally consist of one initial set of: 1. Cut or fill stakes for establishing grade and embankments, 2. Curb or gutter grade stakes, 3. Centerline finish grade stakes for pavement sections wider than 25 feet as set forth in Section 1-05.5(5), subsection 2, and 4. Offset points to establish line and grade for underground utilities such as water, sewers, storm drains, illumination and signalization. No intermediate stakes shall be provided between curb grade and centerline stakes. The Contractor shall provide enough safe areas to permit the Engineer to set those points and elevations that are the responsibility of the Contracting Agency and to perform random checks of the surveying performed by the Contractor. Roadway and Utility Surveys The Engineer will furnish the following stakes and reference marks: · Clearing Limits - One set of clearing limit stakes will be set at approximately 50-foot stations or as needed. · Rough Grading - One set of rough grade stakes will be set along the construction centerline of streets at 50-foot stations as required. (If superelevations require intermediate stakes along vertical curves, the Engineer will provide staking at closer intervals.) One set of primary cut and fill stakes will be set for site work. One set of secondary final grade cut and fill stakes will be set where deemed applicable as determined by the Engineer. · Storm Sewers - Two cut or fill stakes for each inlet, catch basin or manhole will be set at appropriate offsets to the center of the structure. After installation and backfill, inverts will be checked for correctness. · Sanitary Sewers - Two cut or fill stakes for each manhole or cleanout location will be set at appropriate offsets to the center of the structure. After installation and backfill, inverts will be checked for correctness. · Water Main - One set of line stakes will be furnished for water mains at 50- foot stations. Additionally, two reference stakes for each valve, hydrant, tee and angle point location will be set concurrently with these line stakes. · Staking for Embankments - Catch points and one-line stake will be set in those cases where the vertical difference in elevation from the construction DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-19 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation centerline to the toe or top of a cut or fill slope exceeds 3 feet. In all other areas, stakes shall be set at an appropriate offset to the street centerline to allow for the preservation of said offsets through the rough grading phase. In both cases the stakes shall be clearly marked with appropriate information necessary to complete the rough grading phase. · Curb and Gutters - One set of curb and gutter stakes shall be set at an appropriate offset at 25-foot intervals, beginning and end points of curves and curb returns, wheelchair ramps, driveways, and sufficient mid-curve points to establish proper alignment. · Base and Top Course – When deemed appropriate by the Engineer, one set of final construction centerline grade hubs will be set for each course, at not less than 50-foot stations. No intermediate stakes shall be provided unless superelevations require them. In those circumstances, one grade hub left and right of construction centerline at the transition stations will be set at an appropriate offset to centerline not less than 25-foot stations. · Adjacent or Adjoining Wetlands - One set of stakes delineating adjacent wetland perimeters will be set at 25 to 50-foot stations as required. · Illumination and Traffic Signals System - One set of stakes for luminaires and traffic signal pole foundations will be set as required. One set of stakes for vaults, junction boxes, and conduits will be set, only if curb and gutter is not in place at the time of the survey request. If curb and gutter is in place, staking for vaults, junction boxes, and conduits will be provided at an additional expense to the Contractor. When deemed appropriate by the Engineer, cut sheets will be supplied for curb, storm, sanitary sewer and water lines. Cuts or fills may be marked on the surveyed points but should not be relied on as accurate until a completed cut sheet is supplied. The Contractor is responsible for staking all other items deemed necessary to construct the project per the Plans and Specifications. All costs associated with Contractor staking shall be incidental to the Work and be included in the Contract unit prices. Structure Survey The Engineer is responsible for setting all alignment stakes, slope stakes, and grades necessary for the construction of bridges, noise walls, and retaining walls. The Contractor shall maintain stakes set for construction and maintain the necessary lines and grades. The survey work by the Engineer will include but not be limited to the following: · Establish, by placing hubs and/or marked stakes, the location with offsets of foundation shafts and piles. · Establish offsets to footing centerline of bearing for structure excavation. · Establish offsets to footing centerline of bearing for footing forms. · Establish wing wall, retaining wall, and noise wall horizontal alignment. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-20 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation · Establish retaining wall top of wall profile grade. · Establish elevation benchmarks for all substructure formwork. · Check elevations at top of footing concrete line inside footing formwork immediately prior to concrete placement. · Check column location and pier centerline of bearing at top of footing immediately prior to concrete placement. · Establish location and plumbness of column forms and monitor column plumbness during concrete placement. · Establish pier cap and crossbeam top and bottom elevations and centerline of bearing. · Check pier cap and crossbeam top and bottom elevations and centerline of bearing prior to and during concrete placement. · Establish grout pad locations and elevations. · Establish structure bearing locations and elevations, including locations of anchor bolt assemblies. · Establish box girder bottom slab grades and locations. · Establish girder and/or web wall profiles and locations. · Establish diaphragm locations and centerline of bearing. · Establish roadway slab alignment, grades and provide dimensions from top of girder to top of roadway slab. Set elevations for deck paving machine rails. · Establish traffic barrier and curb profile. · Profile all girders prior to the placement of any deadload or construction live load that may affect the girder's profile. 1-05.7 Removal of Defective and Unauthorized Work (October 1, 2005 APWA GSP) Supplement this section with the following: If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the Contract Documents, the Engineer may correct and remedy such work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary. If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work corrected immediately, have the rejected work removed and replaced, or have work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-21 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Direct or indirect costs incurred by the Contracting Agency 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 will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of the Contractor’s unauthorized work. No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency’s rights provided by this Section. The rights exercised under the provisions of this Section shall not diminish the Contracting Agency’s right to pursue any other avenue for additional remedy or damages with respect to the Contractor’s failure to perform the work as required. 1-05.10 Guarantees (March 2018 City of Auburn GSP) Supplement this section with the following: The work performed under these Contract Documents shall be guaranteed for a period of one year beyond the “Completion and Acceptance Date” thereof against defective materials, equipment, and workmanship. The Warranty Bond shall also include the landscape establishment required in the Contract per Section 8-02.3(13) (Plant Establishment). The value of the Warranty Bond shall be either ten percent (10%) of the value of the contract, including change orders, or two thousand dollars ($2,000.00), whichever is greater. Upon receipt of notice from the City of failure of any part of the material, equipment or workmanship during the guarantee period, the affected part or parts shall be replaced with new materials or equipment by, and at the expense of, the Contractor. This guarantee shall be bonded in compliance with Section 1-03.4 (Contract Bond). The Contractor shall be available approximately 60 calendar days prior to the expiration of the one-year guarantee period to tour the project, with the Engineer, in support of the Engineer’s effort to establish a list of corrective work required under the one-year guarantee. Upon the receipt of written notice of such required corrective work, the Contractor shall pursue vigorously, diligently, and without unauthorized interruption of the City Facilities, the work necessary to correct the items listed. Payment will be made for each of the following Bid items that are included in the Proposal: “One Year Warranty Bond”, per Lump Sum Payment for the One Year Warranty Bond is ineligible for FHWA reimbursement. 1-05.11 Final Inspection (October 1, 2005 APWA GSP) Delete the entire section and replace with the following, including subsections: 1-05.11 Final Inspections and Operational Testing 1-05.11(1) Substantial Completion Date When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor’s request shall list the specific items of work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the work with DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-22 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally. If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the work substantially complete and ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons therefore. Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection. 1-05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1-05.7. The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Engineer’s right hereunder. Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled. 1-05.11(3) Operational Testing It is the intent of the Contracting Agency to have, at the Physical Completion Date, a complete and operable system. Therefore when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; 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. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-23 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so 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 unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. 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. 1-05.12 Final Acceptance (March 2018, City of Auburn) Revise the first paragraph to read: The Contractor must perform all physical Work under the Contract before a Completion Date and final acceptance can occur. Failure of the Contractor to perform all the obligations under the Contract shall not bar the Contracting Agency from unilaterally accepting the Contract as provided in Section 1-09.9. Progress estimates or payments shall not be construed as acceptance of any Work under the Contract. (October 1, 2005 APWA GSP) Add the following new section: 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 and water as a pay item, or unless provided for otherwise in these Special Provisions. (January 2020 City of Auburn GSP) Add the following new section: 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 any of the terms or obligations contained in any of the documents comprising the contract. Such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the City, unless subsequently put in writing and signed by the City. (December 2019 City of Auburn GSP) Add the following new section: 1-05.18 Construction Record Drawings The following requirements are intended to provide the project Contractor with the information necessary to furnish the City with satisfactory Construction Record Drawings: 1. The Contractor shall be responsible for tracking all relevant field changes to the approved construction drawings on a daily basis. These changes shall be clearly identified in red in a comprehensive manner on one set of full size Plans to be known as the “Construction Record Drawings”. The Construction Record Drawings may be in electronic (PDF) format, however all requirements of this section shall be met. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-24 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 2. The Construction Record Drawing set shall be used for this purpose alone, shall be kept separate from other Plan sheets, and shall be clearly marked as “Construction Record Drawings”. The Construction Record Drawings, either hard copy version or electronic format, shall be accessible on site, and shall be available for review by the Contracting Agency at all times. The Contractor shall bring the hard copy Construction Record Drawings to each progress meeting or bring an accessible electronic version for review when such meetings are included in the Contract. 3. The quality of the Construction Record Drawings, in terms of accuracy, clarity, and completeness, shall be adequate to allow the Contracting Agency to modify the computer-aided drafting (CAD) Contract Drawings and electronic PDF drawings to produce a complete set of Construction As-builts for the Contracting Agency without further investigative effort by the Contracting Agency. 4. The Construction Record Drawings shall identify all existing or abandoned utilities that were encountered during construction that were not shown on the approved construction drawings. 5. The Construction Record Drawing markups shall document all changes in the Work, both concealed and visible. Items that must be shown on the markups include but are not limited to: · Actual dimensions, arrangement, and materials used when different than shown in the Plans. · Changes made by Change Order or Field Directive. · Changes made by the Contractor as approved by the Engineer. · Accurate locations of storm drainage, sanitary sewer, water mains and other water appurtenances, structures, conduits, light standards, vaults, width of roadways, sidewalks, landscaping areas, building footprints, channelization and pavement markings, etc. Include pipe invert elevations, top of castings (manholes, inlets, etc.). The Construction Record Drawings shall identify all deviations from the approved construction drawings as follows: Streets Public Streets: · Centerline elevations to the nearest 0.1-foot vertical at 100-foot stations · Centerline slopes and vertical curve data based on the constructed centerline elevations · Gutterline elevations to the nearest 0.1-foot vertical (if not a standard crown section) · Gutterline slopes and vertical curve data based on the constructed gutterline elevations (if not a standard crown section) Channelization: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-25 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation · Type of buttons, reflectors, and curbs · General layout location to the nearest 1-foot horizontal frc 6. At the time the Contractor transmits the comprehensive redline Construction Record Drawings to the City, they shall certify that said drawings are in conformance to the above-referenced requirements and are an accurate depiction of built conditions; 7. The City shall receive and approve the Contractor’s certified “ Construction Record Drawings” as specified herein prior to achieving physical completion. These Construction Record Drawings shall be kept current during the course of construction by the Contractor and be available for review upon request by the Engineer. The Contractor shall certify on the Construction Record Drawings that said drawings are an accurate depiction of built conditions, and in conformance with the requirements detailed above. The Contractor shall submit either the hard copy or electronic copy (PDF) of the final Construction Record Drawings to the Contracting Agency. Contracting Agency acceptance of the Construction Record Drawings is one of the requirements for achieving Physical Completion. Payment will be made for each of the following Bid items that are included in the Proposal: “Construction Record Drawings (Minimum Bid $500)”, Lump Sum Payment for this item will be made on a prorated monthly basis for work completed in accordance with this section up to 75% of the lump sum bid. The final 25% of the lump sum item will be paid upon submittal and approval of the completed Construction Record Drawings set prepared in conformance with these Special Provisions. A minimum bid amount has been entered in the Bid Proposal for this item. 1-06 Control of Material (August 6, 2012 WSDOT GSP 1-06.OPT1(A).GR1) Section 1-06 is supplemented with the following: Buy America In accordance with Buy America requirements contained in 23 CFR 635.410, the major quantities of steel and iron construction material that is permanently incorporated into the project shall consist of American-made materials only. Buy America does not apply to temporary steel items, e.g., temporary sheet piling, temporary bridges, steel scaffolding and falsework. Minor amounts of foreign steel and iron may be utilized in this project provided the cost of the foreign material used does not exceed one-tenth of one percent of the total contract cost or $2,500.00, whichever is greater. American-made material is defined as material having all manufacturing processes occurring domestically. To further define the coverage, a domestic product is a manufactured steel material that was produced in one of the 50 States, the District of Columbia, Puerto Rico, or in the territories and possessions of the United States. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-26 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation If domestically produced steel billets or iron ingots are exported outside of the area of coverage, as defined above, for any manufacturing process then the resulting product does not conform to the Buy America requirements. Additionally, products manufactured domestically from foreign source steel billets or iron ingots do not conform to the Buy America requirements because the initial melting and mixing of alloys to create the material occurred in a foreign country. Manufacturing begins with the initial melting and mixing, and continues through the coating stage. Any process which modifies the chemical content, the physical size or shape, or the final finish is considered a manufacturing process. The processes include rolling, extruding, machining, bending, grinding, drilling, welding, and coating. The action of applying a coating to steel or iron is deemed a manufacturing process. Coating includes epoxy coating, galvanizing, aluminizing, painting, and any other coating that protects or enhances the value of steel or iron. Any process from the original reduction from ore to the finished product constitutes a manufacturing process for iron. Due to a nationwide waiver, Buy America does not apply to raw materials (iron ore and alloys), scrap (recycled steel or iron), and pig iron or processed, pelletized, and reduced iron ore. The following are considered to be steel manufacturing processes: 1. Production of steel by any of the following processes: a. Open hearth furnace. b. Basic oxygen. c. Electric furnace. d. Direct reduction. 2. Rolling, heat treating, and any other similar processing. 3. Fabrication of the products. a. Spinning wire into cable or strand. b. Corrugating and rolling into culverts. c. Shop fabrication. A certification of materials origin will be required for any items comprised of, or containing, steel or iron construction materials prior to such items being incorporated into the permanent work. The certification shall be on DOT Form 350-109EF provided by the Engineer, or such other form the Contractor chooses, provided it contains the same information as DOT Form 350-109EF. 1-06.1(2) Request for Approval of Material (RAM) (February 2018 City of Auburn GSP) The second sentence of the first paragraph is revised to read: The RAM shall be prepared by the Contractor in accordance with the instructions identified in Section 9-38.1(2) (Request for Submittal Approval (RSA) Form Instructions) and be submitted to the Engineer for approval before the material is incorporated into the Work. 1-06.6 Recycled Materials (January 4, 2016 APWA GSP) Delete this section, including its subsections, and replace it with the following: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-27 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation The Contractor shall make their best effort to utilize recycled materials in the construction of the project. Approval of such material use shall be as detailed elsewhere in the Standard Specifications. Prior to Physical Completion the Contractor shall report the quantity of recycled materials that were utilized in the construction of the project for each of the items listed in Section 9- 03.21. The report shall include hot mix asphalt, recycled concrete aggregate, recycled glass, steel furnace slag and other recycled materials (e.g. utilization of on-site material and aggregates from concrete returned to the supplier). The Contractor’s report shall be provided on DOT form 350-075 Recycled Materials Reporting. 1-07 Legal Relations and Responsibilities to the Public 1-07.1 Laws to be Observed (October 1, 2005 APWA GSP) Supplement this section with the following: In cases of conflict between different safety regulations, the more stringent regulation shall apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well-known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor’s care, for persons, including employees, who may have been injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor’s care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor’s plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor’s performance does not, and shall not, be intended to include review and adequacy of the Contractor’s safety measures in, on, or near the project site. (April 3, 2006 WSDOT GSP 1-07.1.OPT3.FR1) Section 1-07.1 is supplemented with the following: Confined Space The Contractor shall be fully responsible for the safety and health of all on-site workers and compliant with Washington Administrative Code (WAC 296-809). The Contractor shall prepare and implement a confined space program for each of the confined spaces identified above. The Contractors Confined Space program shall be sent to the Contracting Agency at least 30 days prior to the Contractor beginning work in or adjacent to the confined space. No work shall be performed in or adjacent to the confined space until the plan is submitted to the Engineer as required. The Contractor shall communicate with the DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-28 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Project Engineer to ensure a coordinated effort for providing and maintaining a safe worksite for both the Contracting Agency’s and Contractor’s workers when working in or near a confined space. All costs to prepare and implement the confined space program shall be included in the bid prices for the various items associated with the confined space work. 1-07.2 State Taxes (June 27, 2011 APWA GSP) Delete this section, including its sub-sections, in its entirety and replace it with the following. The Washington State Department of Revenue has issued special rules on the State sales tax. Section 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability. The Contractor shall include all Contractor-paid taxes in the unit bid prices or other contract amounts. In some cases, however, state retail sales tax will not be included. Section 1- 07.2(2) describes this exception. The Contracting Agency will pay the retained percentage (or release the Contract Bond if a FHWA-funded Project) only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all contract-related taxes have been paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue, whether the amount owed relates to this contract or not. Any amount so deducted will be paid into the proper State fund. (February 2017 City of Auburn GSP) Supplement this section with the following: The Location Code Number for projects located in King County is 1702, and for projects in Pierce County is 2724. 1-07.2(1) State Sales Tax – Rule 171 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various unit bid item prices, or other contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work. 1-07.2(2) State Sales Tax – Rule 170 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-29 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such personal property becomes a part of the realty by virtue of installation. For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception. Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount. 1-07.2(3) Services The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244). (November 2020 City of Auburn GSP) Add the following new subsection: 1-07.5(7) City of Auburn Requirements The following list represents a portion of City of Auburn Code requirements dealing with the preservation of public natural resources that affect or are affected by the proposed work. Copies of applicable code are available in the City Clerk’s office at City Hall, 25 West Main Street, Auburn, Washington. The City recommends that bidders review such materials before submitting sealed proposals. City of Auburn Code – Section 8.28: Defines general noise nuisances prohibited in the City of Auburn. City of Auburn Code – Sections 14, 16, 17, 18: Reviews types of permits required for grading, landfills, mining, excavation, utility extension, building and all associated permits. Requirements of City Code and the most current edition of the Uniform Building Code adopted by the City apply in all cases. City of Auburn Code – Section 18.62: Permitting required for all mine-related activities (including asphalt or concrete batching, rock crushing, and transportation to and from a mine). Permit applications are reviewed by the Planning Department. 1-07.6 Permits and Licenses (December 2016 City of Auburn GSP) The first sentence of the first paragraph is revised to read: The Contractor shall become familiar with all permits and licenses to be obtained and shall ensure that all their requirements are met. (August 2021 City of Auburn GSP) Supplement this section with the following: The City has obtained for the following access document and has paid directly for the fees for this agreement only: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-30 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Department of Natural Resources Right of Entry Agreement The Contractor shall be responsible for identifying, obtaining, and paying for all other required Federal, State, or local permits and approvals for the work. The cost associated with obtaining any other permit, not already obtained, shall be included in the unit bid item prices. 1-07.9 Wages 1-07.9(1) General (January 13, 2021 WSDOT GSP 1-07.9(1).OPT1.GR1) Section 1-07.9(1) is supplemented with the following: The Federal wage rates incorporated in this contract have been established by the Secretary of Labor under United States Department of Labor General Decision No. WA20210001. The State rates incorporated in this contract are applicable to all construction activities associated with this contract. (April 2, 2007 WSDOT GSP 1-07.9(1).OPT4.GR1) Section 1-07.9(1) is supplemented with the following: Application of Wage Rates for the Occupation of Landscape Construction State prevailing wage rates for public works contracts are included in this contract and show a separate listing for the occupation: Landscape Construction, which includes several different occupation descriptions such as: Irrigation and Landscape Plumbers, Irrigation and Landscape Power Equipment Operators, and Landscaping or Planting Laborers. In addition, federal wage rates that are included in this contract may also include occupation descriptions in Federal Occupational groups for work also specifically identified with landscaping such as: Laborers with the occupation description, Landscaping or Planting, or Power Equipment Operators with the occupation description, Mulch Seeding Operator. If Federal wage rates include one or more rates specified as applicable to landscaping work, then Federal wage rates for all occupation descriptions, specific or general, must be considered and compared with corresponding State wage rates. The higher wage rate, either State or Federal, becomes the minimum wage rate for the work performed in that occupation. Contractors are responsible for determining the appropriate crafts necessary to perform the contract work. If a classification considered necessary for performance of the work is missing from the Federal Wage Determination applicable to the contract, the Contractor shall initiate a request for approval of a proposed wage and benefit rate. The Contractor shall prepare and submit Standard Form 1444, Request for Authorization of Additional Classification and Wage Rate available at http://www.wdol.gov/docs/sf1444.pdf, and submit the completed form to the Project Engineer’s office. The presence of a classification wage on the Washington State Prevailing Wage Rates For Public Works Contracts does not exempt the use of form 1444 for the purpose of determining a federal classification wage rate. 1-07.9(5) Required Documents (January 3, 2020 APWA GSP) Delete this section and replace it with the following: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-31 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation General All “Statements of Intent to Pay Prevailing Wages”, “Affidavits of Wages Paid” and Certified Payrolls, including a signed Statement of Compliance for Federal-aid projects, shall be submitted to the Engineer and the State L&I online Prevailing Wage Intent & Affidavit (PWIA) system. Intents and Affidavits On forms provided by the Industrial Statistician of State L&I, the Contractor shall submit to the Engineer the following for themselves and for each firm covered under RCW 39.12 that will or has provided Work and materials for the Contract: 1. The approved “Statement of Intent to Pay Prevailing Wages” State L&I’s form number F700-029-000. The Contracting Agency will make no payment under this Contract until this statement has been approved by State L&I and reviewed by the Engineer. 2. The approved “Affidavit of Prevailing Wages Paid”, State L&I’s form number F700-007-000. The Contracting Agency will not grant Completion until all approved Affidavit of Wages paid for the Contractor and all Subcontractors have been received by the Engineer. The Contracting Agency will not release to the Contractor any funds retained under RCW 60.28.011 until “Affidavit of Prevailing Wages Paid” forms have been approved by State L&I and all of the approved forms have been submitted to the Engineer for every firm that worked on the Contract. The Contractor is responsible for requesting these forms from State L&I and for paying any fees required by State L&I. Certified Payrolls Certified payrolls are required to be submitted by the Contractor for themselves, all Subcontractors and all lower tier subcontractors. The payrolls shall be submitted weekly on all Federal-aid projects and no less than monthly on State funded projects. Penalties for Noncompliance The Contractor is advised, if these payrolls are not supplied within the prescribed deadlines, any or all payments may be withheld until compliance is achieved. In addition, failure to provide these payrolls may result in other sanctions as provided by State laws (RCW 39.12.050) and/or Federal regulations (29 CFR 5.12). 1-07.11 Requirements for Nondiscrimination (September 3, 2019 WSDOT GSP 1-07.11.OPT1.GR1) Section 1-07.11 is supplemented with the following: Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Contractor's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth herein. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-32 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 2. The goals and timetables for minority and female participation set by the Office of Federal Contract Compliance Programs, expressed in percentage terms for the Contractor's aggregate work force in each construction craft and in each trade on all construction work in the covered area, are as follows: Women - Statewide Timetable Goal Until further notice 6.9% Minorities - by Standard Metropolitan Statistical Area (SMSA) Spokane, WA: SMSA Counties: Spokane, WA 2.8 WA Spokane. Non-SMSA Counties 3.0 WA Adams; WA Asotin; WA Columbia; WA Ferry; WA Garfield; WA Lincoln, WA Pend Oreille; WA Stevens; WA Whitman. Richland, WA SMSA Counties: Richland Kennewick, WA 5.4 WA Benton; WA Franklin. Non-SMSA Counties 3.6 WA Walla Walla. Yakima, WA: SMSA Counties: Yakima, WA 9.7 WA Yakima. Non-SMSA Counties 7.2 WA Chelan; WA Douglas; WA Grant; WA Kittitas; WA Okanogan. Seattle, WA: SMSA Counties: Seattle Everett, WA 7.2 WA King; WA Snohomish. Tacoma, WA 6.2 WA Pierce. Non-SMSA Counties 6.1 WA Clallam; WA Grays Harbor; WA Island; WA Jefferson; WA Kitsap; WA Lewis; WA Mason; WA Pacific; WA San Juan; WA Skagit; WA Thurston; WA Whatcom. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-33 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Portland, OR: SMSA Counties: Portland, OR-WA 4.5 WA Clark. Non-SMSA Counties 3.8 WA Cowlitz; WA Klickitat; WA Skamania; WA Wahkiakum. These goals are applicable to each nonexempt Contractor’s total on-site construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, or federally assisted project, contract, or subcontract until further notice. Compliance with these goals and time tables is enforced by the Office of Federal Contract compliance Programs. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, in each construction craft and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goal shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 or more that are Federally funded, at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. The notification shall be sent to: U.S. Department of Labor Office of Federal Contract Compliance Programs Pacific Region Attn: Regional Director San Francisco Federal Building 90 – 7th Street, Suite 18-300 San Francisco, CA 94103(415) 625-7800 Phone (415) 625-7799 Fax 4. As used in this Notice, and in the contract resulting from this solicitation, the Covered Area is as designated herein. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these specifications: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-34 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation a. Covered Area means the geographical area described in the solicitation from which this contract resulted; b. Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. Employer Identification Number means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941; d. Minority includes: (1) Black, a person having origins in any of the Black Racial Groups of Africa. (2) Hispanic, a fluent Spanish speaking, Spanish surnamed person of Mexican, Puerto Rican, Cuban, Central American, South American, or other Spanish origin. (3) Asian or Pacific Islander, a person having origins in any of the original peoples of the Pacific rim or the Pacific Islands, the Hawaiian Islands and Samoa. (4) American Indian or Alaskan Native, a person having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith effort to achieve the Plan goals and timetables. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-35 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of this Special Provision. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its action. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-36 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunity and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the U.S. Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-37 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of the obligations under 7a through 7p of this Special Provision provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensure that the concrete benefits of the program are reflected in the Contractor's minority and female work- force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrate the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-38 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspensions, terminations and cancellations of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of this Special Provision, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include, for each employee, their name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, the Contractors will not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-39 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 16. Additional assistance for Federal Construction Contractors on contracts administered by Washington State Department of Transportation or by Local Agencies may be found at: Washington State Dept. of Transportation Office of Equal Opportunity PO Box 47314 310 Maple Park Ave. SE Olympia WA 98504-7314 Ph: 360-705-7090 Fax: 360-705-6801 http://www.wsdot.wa.gov/equalopportunity/default.htm (October 1, 2020 APWA GSP, Option B) Supplement this section with the following: Disadvantaged Business Enterprise Participation The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 and USDOT’s official interpretations (i.e., Questions & Answers) apply to this Contract. Demonstrating compliance with these Specifications is a Condition of Award (COA) of this Contract. Failure to comply with the requirements of this Specification may result in your Bid being found to be nonresponsive resulting in rejection or other sanctions as provided by Contract. DBE Abbreviations and Definitions Broker – A business firm that provides a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials, or supplies required for the performance of the Contract; or, persons/companies who arrange or expedite transactions. Certified Business Description – Specific descriptions of work the DBE is certified to perform, as identified in the Certified Firm Directory, under the Vendor Information page. Certified Firm Directory – A database of all Minority, Women, and Disadvantaged Business Enterprises currently certified by Washington State. The on-line Directory is available to Bidders for their use in identifying and soliciting interest from DBE firms. The database is located under the Firm Certification section of the Diversity Management and Compliance System web page at: https://omwbe.diversitycompliance.com. Commercially Useful Function (CUF) – 49 CFR 26.55(c)(1) defines commercially useful function as: “A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-40 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, you must evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors.” Disadvantaged Business Enterprise (DBE) – A business firm certified by the Washington State Office of Minority and Women’s Business Enterprises, as meeting the criteria outlined in 49 CFR 26 regarding DBE certification. Force Account Work – Work measured and paid in accordance with Section 1-09.6. Good Faith Efforts – Efforts to achieve the DBE COA Goal or other requirements of this part which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. Manufacturer (DBE) – A DBE firm that operates or maintains a factory or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract. A DBE Manufacturer shall produce finished goods or products from raw or unfinished material or purchase and substantially alters goods and materials to make them suitable for construction use before reselling them. Reasonable Fee (DBE) – For purposes of Brokers or service providers a reasonable fee shall not exceed 5% of the total cost of the goods or services brokered. Regular Dealer (DBE) – A DBE firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of a Contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a Regular Dealer, the DBE firm must be an established regular business that engages in as its principal business and in its own name the purchase and sale of the products in question. A Regular Dealer in such items as steel, cement, gravel, stone, and petroleum products need not own, operate or maintain a place of business if it both owns and operates distribution equipment for the products. Any supplementing of regular dealers’ own distribution equipment shall be by long-term formal lease agreements and not on an ad-hoc basis. Brokers, packagers, manufacturers’ representatives, or other persons who arrange or expedite transactions shall not be regarded as Regular Dealers within the meaning of this definition. DBE Commitment – The scope of work and dollar amount the Bidder indicates they will be subcontracting to be applied towards the DBE Condition of Award Goal as shown on the DBE Utilization Certification Form for each DBE Subcontractor. This DBE Commitment amount will be incorporated into DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-41 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation the Contract and shall be considered a Contract requirement. The Contractor shall utilize the COA DBEs to perform the work and supply the materials for which they are committed. Any changes to the DBE Commitment require the Engineer’s prior written approval. DBE Condition of Award (COA) Goal – An assigned numerical amount specified as a percentage of the Contract. Initially, this is the minimum amount that the Bidder must commit to by submission of the Utilization Certification Form and/or by Good Faith Effort (GFE). DBE COA Goal The Contracting Agency has established a DBE COA Goal for this Contract in the amount of: 6% Crediting DBE Participation Subcontractors proposed as COA must be certified prior to the due date for bids on the Contract. All non-COA DBE Subcontractors shall be certified before the subcontract on which they are participating is executed. DBE participation is only credited upon payment to the DBE. The following are some definitions of what may be counted as DBE participation. DBE Prime Contractor Only take credit for that portion of the total dollar value of the Contract equal to the distinct, clearly defined portion of the Work that the DBE Prime Contractor performs with its own forces and is certified to perform. DBE Subcontractor Only take credit for that portion of the total dollar value of the subcontract that is equal to the distinct, clearly defined portion of the Work that the DBE performs with its own forces and is certified to perform. The value of work performed by the DBE includes the cost of supplies and materials purchased by the DBE and equipment leased by the DBE, for its work on the contract. Supplies, materials or equipment obtained by a DBE that are not utilized or incorporated in the contract work by the DBE will not be eligible for DBE credit. The supplies, materials, and equipment purchased or leased from the Contractor or its affiliate, including any Contractor’s resources available to DBE subcontractors at no cost, shall not be credited. DBE credit will not be given in instances where the equipment lease includes the operator. The DBE is expected to operate the equipment used in the performance of its work under the contract with its own forces. Situations where equipment is leased and used by the DBE, but payment is deducted from the Contractor’s payment to the DBE is not allowed. When the subcontractor is part of a DBE Commitment, the following apply: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-42 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 1. If a DBE subcontracts a portion of the Work of its contract to another firm, the value of the subcontracted Work may be counted toward the DBE COA Goal only if the Lower-Tier Subcontractor is also a DBE. 2. Work subcontracted to a Lower-Tier Subcontractor that is a DBE, may be counted toward the DBE COA Goal. 3. Work subcontracted to a non-DBE does not count towards the DBE COA Goal. DBE Subcontract and Lower Tier Subcontract Documents There must be a subcontract agreement that complies with 49 CFR Part 26 and fully describes the distinct elements of Work committed to be performed by the DBE. DBE Service Provider The value of fees or commissions charged by a DBE firm behaving in a manner of a Broker, or another service provider for providing a bona fide service, such as professional, technical, consultant, managerial services, or for providing bonds or insurance specifically required for the performance of the contract will only be credited as DBE participation, if the fee/commission is determined by the Contracting Agency to be reasonable and the firm has performed a CUF. Force Account Work When the Bidder elects to utilize force account Work to meet the DBE COA Goal, as demonstrated by listing this force account Work on the DBE Utilization Certification Form, for the purposes of meeting the DBE COA Goal, only 50% of the Proposal amount shall be credited toward the Bidder’s Commitment to meet the DBE COA Goal. One hundred percent of the actual amounts paid to the DBE for the force account Work shall be credited towards the DBE COA Goal or DBE participation. Temporary Traffic Control If the DBE firm only provides “Flagging”, the DBE firm must provide a Traffic Control Supervisor (TCS) and flagger, which are under the direct control of the DBE. The DBE firm shall also provide all flagging equipment for it’s employees (e.g. paddles, hard hats, and vests). If the DBE firm provides “Traffic Control Services”, the DBE firm must provide a TCS, flaggers, and traffic control items (e.g., cones, barrels, signs, etc.) and be in total control of all items in implementing the traffic control for the project. Trucking DBE trucking firm participation may only be credited as DBE participation for the value of the hauling services, not for the materials being hauled unless the trucking firm is also certified as a supplier of those materials. In situations where the DBE’s work is priced per ton, the value of the hauling service must DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-43 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation be calculated separately from the value of the materials in order to determine DBE credit for hauling The DBE trucking firm must own and operate at least one licensed, insured and operational truck on the contract. The truck must be of the type that is necessary to perform the hauling duties required under the contract. The DBE receives credit for the value of the transportation services it provides on the Contract using trucks it owns or leases, licenses, insures, and operates with drivers it employs. The DBE may lease additional trucks from another DBE firm. The DBE who leases additional trucks from another DBE firm receives credit for the value of the transportation services the lessee DBE provides on the Contract. The trucking Work subcontracted to any non-DBE trucking firm will not receive credit for Work done on the project. The DBE may lease trucks from a truck leasing company (recognized truck rental center), but can only receive credit towards DBE participation if the DBE uses its own employees as drivers. DBE Manufacturer and DBE Regular Dealer One hundred percent (100%) of the cost of the manufactured product obtained from a DBE manufacturer may count towards the DBE COA Goal. Sixty percent (60%) of the cost of materials or supplies purchased from a DBE Regular Dealer may be credited towards the DBE Goal. If the role of the DBE Regular Dealer is determined to be that of a Broker, then DBE credit shall be limited to the fee or commission it receives for its services. Regular Dealer status and the amount of credit is determined on a Contract-by- Contract basis. DBE firms proposed to be used as a Regular Dealer must be approved before being listed as a COA/used on a project. The WSDOT Approved Regular Dealer list published on WSDOT’s Office of Equal Opportunity (OEO) web site must include the specific project for which approval is being requested. For purposes of the DBE COA Goal participation, the Regular Dealer must submit the Regular Dealer Status Request form a minimum of five calendar days prior to bid opening. Purchase of materials or supplies from a DBE which is neither a manufacturer nor a regular dealer, (i.e. Broker) only the fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, may count towards the DBE COA Goal provided the fees are not excessive as compared with fees customarily allowed for similar services. Documentation will be required to support the fee/commission charged by the DBE. The cost of the materials and supplies themselves cannot be counted toward the DBE COA Goal. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-44 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Note: Requests to be listed as a Regular Dealer will only be processed if the requesting firm is a material supplier certified by the Office of Minority and Women’s Business Enterprises in a NAICS code that falls within the 42XXXX NAICS Wholesale code section. Disadvantaged Business Enterprise Utilization To be eligible for award of the Contract, the Bidder shall properly complete and submit a Disadvantaged Business Enterprise (DBE) Utilization Certification with the Bidder’s sealed Bid Proposal, as specified in Section 1-02.9 Delivery of Proposal. The Bidder’s DBE Utilization Certification must clearly demonstrate how the Bidder intends to meet the DBE COA Goal. A DBE Utilization Certification (WSDOT Form 272-056) is included in the Proposal package for this purpose as well as instructions on how to properly fill out the form. The Bidder is advised that the items listed below when listed in the Utilization Certification must have their amounts reduced to the percentages shown and those reduced amounts will be the amount applied towards meeting the DBE COA Goal. • Force account at 50% • Regular dealer at 60% In the event of arithmetic errors in completing the DBE Utilization Certification, the amount listed to be applied towards the DBE COA Goal for each DBE shall govern and the DBE total amount shall be adjusted accordingly. Note: The Contracting Agency shall consider as non-responsive and shall reject any Bid Proposal submitted that does not contain a DBE Utilization Certification Form that accurately demonstrates how the Bidder intends to meet the DBE COA Goal. Disadvantaged Business Enterprise Written Confirmation Document(s) The Bidder shall submit an Disadvantaged Business Enterprise (DBE) Written Confirmation Document (completed and signed by the DBE) for each DBE firm listed in the Bidder’s completed DBE Utilization Certification submitted with the Bid. Failure to do so will result in the associated participation being disallowed, which may cause the Bid to be determined to be nonresponsive resulting in Bid rejection. The Confirmation Documents provide confirmation from the DBEs that they are participating in the Contract as provided in the Bidder’s Commitment. The Confirmation Documents must be consistent with the Utilization Certification. A DBE Written Confirmation Document (WSDOT Form 422-031) is included in the Proposal package for this purpose. The form(s) shall be received as specified in the special provisions for Section 1- 02.9 Delivery of Proposal. It is prohibited for the Bidder to require a DBE to submit a Written Confirmation Document with any part of the form left blank. Should the Contracting Agency DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-45 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation determine that an incomplete Written Confirmation Document was signed by a DBE, the validity of the document comes into question. The associated DBE participation may not receive credit. Selection of Successful Bidder/Good Faith Efforts (GFE) The successful Bidder shall be selected on the basis of having submitted the lowest responsive Bid, which demonstrates a good faith effort to achieve the DBE COA Goal. The Contracting Agency, at any time during the selection process, may request a breakdown of the bid items and amounts that are counted towards the overall contract goal for any of the DBEs listed on the DBE Utilization Certification. Achieving the DBE COA Goal may be accomplished in one of two ways: 1. By meeting the DBE COA Goal Submission of the DBE Utilization Certification, supporting DBE Written Confirmation Document(s) showing the Bidder has obtained enough DBE participation to meet or exceed the DBE COA Goal, the DBE Bid Item Breakdown and the DBE Trucking Credit Form, if applicable. 2. By documentation that the Bidder made adequate GFE to meet the DBE COA Goal The Bidder may demonstrate a GFE in whole or part through GFE documentation ONLY IN THE EVENT a Bidder’s efforts to solicit sufficient DBE participation have been unsuccessful. The Bidder must supply GFE documentation in addition to the DBE Utilization Certification, supporting DBE Written Confirmation Document(s), the DBE Bid Item Breakdown form and the DBE Trucking Credit Form, if applicable. Note: In the case where a Bidder is awarded the contract based on demonstrating adequate GFE, the advertised DBE COA Goal will not be reduced. The Bidder shall demonstrate a GFE during the life of the Contract to attain the advertised DBE COA Goal. GFE documentation, the DBE Bid Item Breakdown form, and the DBE Trucking Credit Form, if applicable, shall be submitted as specified in Section 1-02.9. The Contracting Agency will review the GFE documentation and will determine if the Bidder made an adequate good faith effort. Good Faith Effort (GFE) Documentation GFE is evaluated when: 1. Determining award of a Contract that has COA goal, 2. When a COA DBE is terminated and substitution is required, and 3. Prior to Physical Completion when determining whether the Contractor has satisfied its DBE commitments. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-46 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 49 CFR Part 26, Appendix A is intended as general guidance and does not, in itself, demonstrate adequate good faith efforts. The following is a list of types of actions, which would be considered as part of the Bidder’s GFE to achieve DBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. 1. Soliciting through all reasonable and available means (e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the Work of the Contract. The Bidder must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The Bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. 2. Selecting portions of the Work to be performed by DBEs in order to increase the likelihood that the DBE COA Goal will be achieved. This includes, where appropriate, breaking out contract Work items into economically feasible units to facilitate DBE participation, even when the Bidder might otherwise prefer to perform these Work items with its own forces. 3. Providing interested DBEs with adequate information about the Plans, Specifications, and requirements of the Contract in a timely manner to assist them in responding to a solicitation. a. Negotiating in good faith with interested DBEs. It is the Bidder’s responsibility to make a portion of the Work available to DBE subcontractors and suppliers and to select those portions of the Work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the Plans and Specifications for the Work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the Work. b. A Bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm’s price and capabilities as well as the DBE COA Goal into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a Bidder’s failure to meet the DBE COA Goal, as long as such costs are reasonable. Also, the ability or desire of a Bidder to perform the Work of a Contract with its own organization does not relieve the Bidder of the responsibility to make Good Faith Efforts. Bidders are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-47 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 4. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The Bidder’s standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non- union employee status) are not legitimate causes for the rejection or non- solicitation of bids in the Bidder’s efforts to meet the DBE COA Goal. 5. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or Bidder. 6. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. 7. Effectively using the services of available minority/women community organizations; minority/women contractors’ groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. 8. Documentation of GFE must include copies of each DBE and non-DBE subcontractor quotes submitted to the Bidder when a non-DBE subcontractor is selected over a DBE for Work on the Contract. (ref. updated DBE regulations – 26.53(b)(2)(vi) & App. A) Administrative Reconsideration of GFE Documentation A Bidder has the right to request reconsideration if the GFE documentation submitted with their Bid was determined to be inadequate. • The Bidder must request within 48 hours of notification of being nonresponsive or forfeit the right to reconsideration. • The reconsideration decision on the adequacy of the Bidder’s GFE documentation shall be made by an official who did not take part in the original determination. • Only original GFE documentation submitted as a supplement to the Bid shall be considered. The Bidder shall not introduce new documentation at the reconsideration hearing. • The Bidder shall have the opportunity to meet in person with the official for the purpose of setting forth the Bidder’s position as to why the GFE documentation demonstrates a sufficient effort. • The reconsideration official shall provide the Bidder with a written decision on reconsideration within five working days of the hearing explaining the basis for their finding. DBE Bid Item Breakdown The Bidder shall submit a DBE Bid Item Breakdown Form (WSDOT Form 272- 054) as specified in the Special Provisions for Section 1-02.9, Delivery of Proposal. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-48 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation DBE Trucking Credit Form The Bidder shall submit a DBE Trucking Credit Form (WSDOT Form 272-058), as specified in the Special Provisions for Section 1-02.9, Delivery of Proposal. Note: The DBE Trucking Credit Form is only required for a DBE Firm listed on the DBE Utilization Certification as a subcontractor for “Trucking” or “Hauling” and are performing a part of a bid item. For example, if the item of Work is Structure Excavation including Haul, and another firm is doing the excavation and the DBE Trucking firm is doing the haul, the form is required. For a DBE subcontractor that is responsible for an entire item of work that may require some use of trucks, the form is not required. Procedures between Award and Execution After Award and prior to Execution, the Contractor shall provide the additional information described below. Failure to comply shall result in the forfeiture of the Bidder’s Proposal bond or deposit. 1. A list of all firms who submitted a bid or quote in attempt to participate in this project whether they were successful or not. Include the business name and mailing address. Note: The firms identified by the Contractor may be contacted by the Contracting Agency to solicit general information as follows: age of the firm and average of its gross annual receipts over the past three years. Procedures after Execution Commercially Useful Function (CUF) The Contractor may only take credit for the payments made for Work performed by a DBE that is determined to be performing a CUF. Payment must be commensurate with the work actually performed by the DBE. This applies to all DBEs performing Work on a project, whether or not the DBEs are COA, if the Contractor wants to receive credit for their participation. The Engineer will conduct CUF reviews to ascertain whether DBEs are performing a CUF. A DBE performs a CUF when it is carrying out its responsibilities of its contract by actually performing, managing, and supervising the Work involved. The DBE must be responsible for negotiating price; determining quality and quantity; ordering the material, installing (where applicable); and paying for the material itself. If a DBE does not perform “all” of these functions on a furnish-and-install contract, it has not performed a CUF and the cost of materials cannot be counted toward DBE COA Goal. Leasing of equipment from a leasing company is allowed. However, leasing/purchasing equipment from the Contractor is not allowed. Lease agreements shall be provided prior to the Subcontractor beginning Work. Any use of the Contractor’s equipment by a DBE may not be credited as countable participation. The DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which the funds are passed in order to obtain the appearance of DBE participation. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-49 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation In order for a DBE traffic control company to be considered to be performing a CUF, the DBE must be in control of its work inclusive of supervision. The DBE shall employ a Traffic Control Supervisor who is directly involved in the management and supervision of the traffic control employees and services. The following are some of the factors that the Engineer will use in determining whether a DBE trucking company is performing a CUF: • The DBE shall be responsible for the management and supervision of the entire trucking operation for which it is responsible on the contract. The owner demonstrates business related knowledge, shows up on site and is determined to be actively running the business. • The DBE itself shall own and operate at least one fully licensed, insured, and operational truck used on the Contract. The drivers of the trucks owned and leased by the DBE must be exclusively employed by the DBE and reflected on the DBE’s payroll. • Lease agreements for trucks shall indicate that the DBE has exclusive use of and control over the truck(s). This does not preclude the leased truck from working for others provided it is with the consent of the DBE and the lease provides the DBE absolute priority for use of the leased truck. • Leased trucks shall display the name and identification number of the DBE. UDBE/DBE/FSBE Truck Unit Listing Log In addition to the subcontracting requirements of Section 1-08.1, each DBE trucking firm shall submit supplemental information consisting of a completed Primary UDBE/DBE/FSBE Truck Unit Listing Log (WSDOT Form 350-077), copy of vehicle registrations, and all Rental/Lease agreements (if applicable). The supplemental information shall be submitted to the Engineer prior to any trucking services being performed for DBE credit. Incomplete or incorrect supplemental information will be returned for correction. The corrected Primary UDBE/DBE/FSBE Truck Unit Listing Log and any Updated Primary UDBE/DBE/FSBE Truck Unit Listing Logs shall be submitted and accepted by the Engineer no later than ten calendar days of utilizing applicable trucks. Failure to submit or update the DBE Truck Unit Listing Log may result in trucks not being credited as DBE participation. Each DBE trucking firm shall complete a Daily UDBE/DBE/FSBE Trucking Unit Listing Log for each day that the DBE performs trucking services for DBE credit. The Daily UDBE/DBE/FSBE Trucking Unit Listing Log forms shall be submitted to the Engineer by Friday of the week after the work was performed. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-50 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Joint Checking A joint check is a check between a Subcontractor and the Contractor to the supplier of materials/supplies. The check is issued by the Contractor as payer to the Subcontractor and the material supplier jointly for items to be incorporated into the project. The DBE must release the check to the supplier, while the Contractor acts solely as the guarantor. A joint check agreement must be approved by the Engineer and requested by the DBE involved using the DBE Joint Check Request Form (form # 272-053) prior to its use. The form must accompany the DBE Joint Check Agreement between the parties involved, including the conditions of the arrangement and expected use of the joint checks. The approval to use joint checks and the use will be closely monitored by the Engineer. To receive DBE credit for performing a CUF with respect to obtaining materials and supplies, a DBE must “be responsible for negotiating price, determining quality and quantity, ordering the material, installing and paying for the material itself.” The Contractor shall submit DBE Joint Check Request Form to the Engineer and be in receipt of written approval prior to using a joint check. Material costs paid by the Contractor directly to the material supplier are not allowed. If proper procedures are not followed or the Engineer determines that the arrangement results in lack of independence for the DBE involved, no DBE credit will be given for the DBE’s participation as it relates to the material cost. Prompt Payment Prompt payment to all subcontractors shall be in accordance with Section 1- 08.1. Prompt payment requirements apply to progress payments as well as return of retainage. Subcontracts Prior to a DBE performing Work on the Contract, an executed subcontract between the DBE and the Contractor shall be submitted to the Engineer. The executed subcontracts shall be submitted by email to the following email address NWRegionOEO@wsdot.wa.gov pwsubmittals@auburnwa.gov The prime contractor shall notify the Engineer in writing within five calendar days of subcontract submittal. Reporting The Contractor and all subcontractors/suppliers/service providers that utilize DBEs to perform work on the project, shall maintain appropriate records that will enable the Engineer to verify DBE participation throughout the life of the project. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-51 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Refer to Section 1-08.1 for additional reporting requirements associated with this contract. Changes in COA Work Committed to DBE The Contractor shall utilize the COA DBEs to perform the work and supply the materials for which each is committed unless prior written approval by the Engineer is received by the Contractor. The Contractor shall not be entitled to any payment for work or material completed by the Contractor or subcontractors that was committed to be completed by the COA DBEs in the DBE Utilization Certification form. Owner Initiated Changes In instances where the Engineer makes changes that result in changes to Work that was committed to a COA DBE the Contractor may be directed to substitute for the Work. Contractor Initiated Changes The Contractor cannot change the scope or reduce the amount of work committed to a COA DBE without good cause. Reducing DBE Commitment is viewed as partial DBE termination, and therefore subject to the termination procedures below. Original Quantity Underruns In the event that Work committed to a DBE firm as part of the COA underruns the original planned quantities the Contractor may be required to substitute other remaining Work to another DBE. Contractor Proposed DBE Substitutions Requests to substitute a COA DBE must be for good cause (see DBE termination process below), and requires prior written approval of the Engineer. After receiving a termination with good cause approval, the Contractor may only replace a DBE with another certified DBE. When any changes between Contract Award and Execution result in a substitution of COA DBE, the substitute DBE shall have been certified prior to the bid opening on the Contract. DBE Termination Termination of a COA DBE (or an approved substitute DBE) is only allowed in whole or in part for good cause and with prior written approval of the Engineer. If the Contractor terminates a COA DBE without the prior written approval of the Engineer, the Contractor shall not be entitled to payment for work or material committed to, but not performed/supplied by the COA DBE. In addition, sanctions may apply as described elsewhere in this specification. Prior to requesting approval to terminate a COA DBE, the Contractor shall give notice in writing to the DBE with a copy to the Engineer of its intent to request to terminate DBE Work and the reasons for doing so. The DBE shall have five (5) days to respond to the Contractor’s notice. The DBE’s response shall either support the termination or advise the Engineer and the Contractor of the reasons it objects to the termination of its subcontract. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-52 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation If the request for termination is approved, the Contractor is required to substitute with another DBE to perform at least the same amount of work as the DBE that was terminated (or provide documentation of GFE). A plan to replace the COA DBE Commitment amount shall be submitted to the Engineer within 2 days of the approval of termination. The plan to replace the Commitment shall provide the same detail as that required in the DBE Utilization Certification. The Contractor must have good cause to terminate a COA DBE. Good cause typically includes situations where the DBE Subcontractor is unable or unwilling to perform the work of its subcontract. Good cause may exist if: • The DBE fails or refuses to execute a written contract. • The DBE fails or refuses to perform the Work of its subcontract in a way consistent with normal industry standards. • The DBE fails or refuses to meet the Contractor’s reasonable nondiscriminatory bond requirements. • The DBE becomes bankrupt, insolvent, or exhibits credit unworthiness. • The DBE is ineligible to work on public works projects because of suspension and debarment proceedings pursuant to federal law or applicable State law. • The DBE is ineligible to receive DBE credit for the type of work involved. • The DBE voluntarily withdraws from the project and provides written notice of its withdrawal. • The DBE’s work is deemed unsatisfactory by the Engineer and not in compliance with the Contract. • The DBE’s owner dies or becomes disabled with the result that the DBE is unable to complete its Work on the Contract. Good cause does not exist if: • The Contractor seeks to terminate a COA DBE so that the Contractor can self-perform the Work. • The Contractor seeks to terminate a COA DBE so the Contractor can substitute another DBE contractor or non-DBE contractor after Contract Award. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-53 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation • The failure or refusal of the COA DBE to perform its Work on the subcontract results from the bad faith or discriminatory action of the Contractor (e.g., the failure of the Contractor to make timely payments or the unnecessary placing of obstacles in the path of the DBE’s Work). Decertification When a DBE is “decertified” from the DBE program during the course of the Contract, the participation of that DBE shall continue to count as DBE participation as long as the subcontract with the DBE was executed prior to the decertification notice. The Contractor is obligated to substitute when a DBE does not have an executed subcontract agreement at the time of decertification. Consequences of Non-Compliance Breach of Contract Each contract with a Contractor (and each subcontract the Contractor signs with a Subcontractor) must include the following assurance clause: The Contractor, subrecipient, or Subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the Contractor from future bidding as non-responsible. Notice If the Contractor or any Subcontractor, Consultant, Regular Dealer, or service provider is deemed to be in non-compliance, the Contractor will be informed in writing, by certified mail by the Engineer that sanctions will be imposed for failure to meet the DBE COA Commitment and/or submit documentation of good faith efforts. The notice will state the specific sanctions to be imposed which may include impacting a Contractor or other entity’s ability to participate in future contracts. Sanctions If it is determined that the Contractor’s failure to meet all or part of the DBE COA Commitment is due to the Contractor’s inadequate good faith efforts throughout the life of the Contract, including failure to submit timely, required Good Faith DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-54 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Efforts information and documentation, the Contractor may be required to pay DBE penalty equal to the amount of the unmet Commitment, in addition to the sanctions outlined in Section 1-07.11(5). Payment Compensation for all costs involved with complying with the conditions of this Specification and any other associated DBE requirements is included in payment for the associated Contract items of Work, except otherwise provided in the Specifications. 1-07.11(2) Contractual Requirements (December 2016 City of Auburn GSP) Supplement this section with the following: All contractors, subcontractors and vendors engaged in business with the City of Auburn shall comply with the following guidelines: A. All contractors, subcontractors and vendors who have 50 or more employees and have contracts with the City of Auburn totaling more than $50,000 annually shall comply with the provisions of Executive Order 11246, as amended, the implementing regulations of 41 CFR Chapter 60, and all other related federal and state laws. The City can provide language pertaining to its non-discrimination policy on purchase orders, contracts and other relevant information. B. All federal and federally-assisted construction contracts and subcontracts with the City of Auburn exceeding $10,000 annually are expected to comply with the provisions of Executive Order 11246, as amended, the implementing regulations of 41 CFR Chapter 60, and all other related Federal and State laws. The City will not knowingly do business with any bidder, contractor, subcontractor, or vendor whose employment practices are discriminatory and not in compliance with applicable laws and regulations. The City reserves the right to determine the Contractor’s, Subcontractor’s, or Vendor’s normal employment practices, and will take whatever action it considers appropriate should discriminatory employment practices be discovered. 1-07.12 Federal Agency Inspection (January 25, 2016 WSDOT GSP 1-07.12.OPT1.GR1) Section 1-07.12 is supplemented with the following: Required Federal Aid Provisions The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) Revised May 1, 2012 and the amendments thereto supersede any conflicting provisions of the Standard Specifications and are made a part of this Contract; provided, however, that if any of the provisions of FHWA 1273, as amended, are less restrictive than Washington State Law, then the Washington State Law shall prevail. The provisions of FHWA 1273, as amended, included in this Contract require that the Contractor insert the FHWA 1273 and amendments thereto in each Subcontract, together with the wage rates which are part of the FHWA 1273, as amended. Also, a clause shall be DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-55 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation included in each Subcontract requiring the Subcontractors to insert the FHWA 1273 and amendments thereto in any lower tier Subcontracts, together with the wage rates. The Contractor shall also ensure that this section, REQUIRED FEDERAL AID PROVISIONS, is inserted in each Subcontract for Subcontractors and lower tier Subcontractors. For this purpose, upon request to the Project Engineer, the Contractor will be provided with extra copies of the FHWA 1273, the amendments thereto, the applicable wage rates, and this Special Provision. 1-07.15 Temporary Water Pollution Prevention (May 2015 City of Auburn GSP) Supplement this Section with the following: The Contractor shall implement erosion and sediment control (ESC) measures as necessary to prevent erosion and to stop sediment-laden water from leaving the site and entering the storm drain system. Measures shall be in accordance with, and conform to, the City of Auburn Surface Water Management Manual and Section 8-01 (Erosion Control and Water Pollution Control) of these Special Provisions. 1-07.16 Protection and Restoration of Property (December 2016 City of Auburn GSP) Supplement this section with the following: The Contractor shall not trespass upon private property and shall be responsible for all injury or damage to persons or property, directly or indirectly, resulting from the Contractor’s operations in completing this work. The Contractor shall comply with the laws and regulations of the City of Auburn, County, State, and Federal governments relating to the safety of persons and property and will be held responsible for, and required to make good, all injury and damage to persons or property caused by the Contractor’s operations. Sprinkler irrigation systems that encroach within the limits of improvements shall be modified as necessary to ensure operation “equal or better than” the original condition upon completion of the improvements. This work will include, but not be limited to, cutting and capping existing pipe, relocating existing risers and sprinkler heads, new pipe heads and connections, and testing of the system. The Contractor shall give a minimum of 7 working days prior written notification to the owners of any ditches, landscaping, irrigation lines and appurtenances that interfere with the work. The Contractor shall be liable for any damage to irrigation facilities by the Contractor’s operations and shall restore such damaged facilities to “equal or better than” original condition. Asphalt concrete pavement or bituminous surfacing outside the project area that is disturbed by the work shall be restored to its original condition. Asphalt pavement restoration shall comply with the provisions of Section 5-02 (Bituminous Surface Treatment) and 5-04 (Hot Mix Asphalt) of the Contract Specifications. Existing cement concrete curb, gutter and sidewalk structures disturbed by the Contractor’s operations shall be replaced to match existing. Cement concrete shall be Class 3000 with entrained air in conformance with Section 6-02 (Concrete Structure) of the Contract Specifications. Existing street shoulders disturbed by the Contractor’s operation shall be resurfaced with 6 inches of compacted Gravel Borrow and 2 inches of compacted Crushed Surfacing Top Course sloped ½ inches per foot away from the paved street. Street shoulder restoration DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-56 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation shall be in conformance with Section 4-04.3(11) (Shoulder Ballast) of the Contract Specifications. All other surfaces, mailboxes, fences, signs, lawn irrigation systems, etc., disturbed by the project, shall be promptly replaced or relocated to original or better condition. Gravel driveways disturbed by the work shall be resurfaced with a compacted 2-inch layer of Crushed Surfacing Top Course. All ditches shall be reconstructed as indicated on the drawings. The Contractor shall restore all disturbed landscaping in conformance with Section 8-02 (Roadside Restoration) of the Contract Specifications. 1-07.16(1) Private/Public Property (November 2018 City of Auburn GSP) Add the following new section: 1-07.16(1)A Protection and Restoration of Existing Markers and Monuments All existing survey monuments and property corner markers shall be protected from movement by the Contractor. RCW 58.24.040(8) and WAC 332-120 and their rules shall apply to all existing survey markers and/or monuments that must be removed for construction purposes. When survey markers and/or monuments are disturbed, they are to be referenced by survey ties and then replaced by the Contractor. All existing property corner markers disturbed or removed by the Contractor’s operations which, in the opinion of the Engineer, were not required to be removed for construction purposes shall be replaced, at the Contractor’s own expense, by a Professional Land Surveyor registered in the State of Washington. This includes the City of Auburn benchmark system. Any damaged monuments must be reset to second order, first class specifications. 1-07.16(2) Vegetation Protection and Restoration (August 2, 2010 WSDOT GSP 1-07.16(2).OPT1.GR1) Section 1-07.16(2) is supplemented with the following: Vegetation and soil protection zones for trees shall extend out from the trunk to a distance of 1 foot radius for each inch of trunk diameter at breast height. Vegetation and soil protection zones for shrubs shall extend out from the stems at ground level to twice the radius of the shrub. Vegetation and soil protection zones for herbaceous vegetation shall extend to encompass the diameter of the plant as measured from the outer edge of the plant. 1-07.17 Utilities and Similar Facilities (June 2018 City of Auburn GSP) Supplement this section with the following. For the purpose of determining vertical clearance requirements for overhead power and communication lines, all public and private streets within the City of Auburn shall be considered conventional highways and are subject to the requirements stated in WAC-468- 34-290 unless otherwise determined by the City Engineer. (September 2019 City of Auburn GSP) Supplement this section with the following: The Contract Plans show locations of various known existing above ground amenities and obstructions. The location of known existing underground utilities, as shown on the Contract DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-57 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Plans, are indicated based on available information and may not be exact. The Contractor is responsible for determining their exact location. A list of utilities and known contact persons will be available at the pre-construction conference for the Contractor’s convenience. In most cases, the City has contacted these utility companies, identifying the project elements and potential impacts to their facilities. The Contractor is responsible for any breakage of utilities or services resulting from their operations. The Contractor is responsible for the complete repair (including materials) of any City-owned utility damaged by the work (including water services), whether or not shown on the Contract Plans. Copper water service lines, if damaged, must be replaced in kind by one continuous service line from the water main to the meter. Splicing will not be permitted. The contractor shall repair any damage caused by broken water mains or services. The Contractor shall have sufficient materials and qualified personnel available to effect immediate repairs of water and sewer lines that may be damaged by the work. The Contractor shall be responsible for securing private locate services where One-Number Locator Services do not cover (such as property outside the public right of way). 1-07.17(1) Utility Construction, Removal, or Relocation by the Contractor (April 2017 City of Auburn GSP) Supplement this section with the following: The temporary removal, replacement, bracing or holding of any utility or structure, including power and telephone poles, required to accomplish the work, shall be included in the contract price(s) for the bid item(s) involved. Raising, lowering or horizontal relocation of existing water services not requiring additional material, where such relocation is required to accommodate other work, shall be included in the contract price(s) for the bid item(s) involved. (April 2017 City of Auburn GSP) Add the following new section: 1-07.17(1)A Disruptions to City Water Services All water service shutdowns caused by construction activities shall be requested by the Contractor a minimum of 4 working days in advance of the proposed shutdown, shall be approved by the City a minimum of 2 working days before the shutdown, and shall be performed by City Water Utility staff. The Contractor shall schedule Work such that all water service disruptions are limited to 4 hours. The City does not guarantee a complete dry system following any water shutdown. All costs for dewatering following a water shutdown shall be included in the unit bid prices of the work involved. 1-07.17(2) Utility Construction, Removal, or Relocation by Others (April 2017 City of Auburn GSP) The first sentence of the first paragraph is revised to read: Any authorized agent of the Contracting Agency or utility owners may enter the City right-of- way to repair, rearrange, alter, or connect their equipment. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-58 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 1-07.18 Public Liability and Property Damage Insurance (January 4, 2016 APWA GSP) Delete this section in its entirety, and replace it with the following. 1-07.18 Insurance 1-07.18(1) General Requirements A. The Contractor shall procure and maintain the insurance described in all subsections of section 1-07.18 of these Special Provisions, from insurers with a current A. M. Best rating of not less than A-: VII and licensed to do business in the State of Washington. The Contracting Agency reserves the right to approve or reject the insurance provided, based on the insurer’s financial condition. B. The Contractor shall keep this insurance in force without interruption from the commencement of the Contractor’s Work through the term of the Contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated below. C. If any insurance policy is written on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. The policy shall state that coverage is claims made, and state the retroactive date. Claims-made form coverage shall be maintained by the Contractor for a minimum of 36 months following the Completion Date or earlier termination of this Contract, and the Contractor shall annually provide the Contracting Agency with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting period (“tail”) or execute another form of guarantee acceptable to the Contracting Agency to assure financial responsibility for liability for services performed. D. The Contractor’s Automobile Liability, Commercial General Liability and Excess or Umbrella Liability insurance policies shall be primary and non-contributory insurance as respects the Contracting Agency’s insurance, self-insurance, or self- insured pool coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the Contracting Agency shall be excess of the Contractor’s insurance and shall not contribute with it. E. The Contractor shall provide the Contracting Agency and all additional insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. F. The Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the Contracting Agency G. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency on demand, DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-59 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. H. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made. 1-07.18(2) Additional Insured (January 4, 2016 APWA GSP) All insurance policies, with the exception of Workers Compensation, and of Professional Liability and Builder’s Risk (if required by this Contract) shall name the following listed entities as additional insured(s) using the forms or endorsements required herein: · the Contracting Agency and its officers, elected officials, employees, agents, and volunteers · Department of Natural Resources The above-listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits lower than those maintained by the Contractor. For Commercial General Liability insurance coverage, the required additional insured endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 1-07.18(3) Subcontractors (January 4, 2016 APWA GSP) The Contractor shall cause each Subcontractor of every tier to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that all Subcontractors of every tier add all entities listed in 1-07.18(2) as additional insureds, and provide proof of such on the policies as required by that section as detailed in 1-07.18(2) using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency evidence of insurance and copies of the additional insured endorsements of each Subcontractor of every tier as required in 1-07.18(4) Verification of Coverage. 1-07.18(4) Verification of Coverage (January 4, 2016 APWA GSP) The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the signed Contract for the work. Failure of Contracting Agency to demand such verification of coverage with these insurance requirements or failure of Contracting Agency to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. Verification of coverage shall include: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-60 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 1. An ACORD certificate or a form determined by the Contracting Agency to be equivalent. 2. Copies of all endorsements naming Contracting Agency and all other entities listed in 1-07.18(2) as additional insured(s), showing the policy number. The Contractor may submit a copy of any blanket additional insured clause from its policies instead of a separate endorsement. 3. Any other amendatory endorsements to show the coverage required herein. 4. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements – actual endorsements must be submitted. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency a full and certified copy of the insurance policy(s). If Builders Risk insurance is required on this Project, a full and certified copy of that policy is required when the Contractor delivers the signed Contract for the work. 1-07.18(5) Coverages and Limits (January 4, 2016 APWA GSP) The insurance shall provide the minimum coverages and limits set forth below. Contractor’s maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Contracting Agency’s recourse to any remedy available at law or in equity. All deductibles and self-insured retentions must be disclosed and are subject to approval by the Contracting Agency. The cost of any claim payments falling within the deductible or self- insured retention shall be the responsibility of the Contractor. In the event an additional insured incurs a liability subject to any policy’s deductibles or self-insured retention, said deductibles or self-insured retention shall be the responsibility of the Contractor. 1-07.18(5)A Commercial General Liability (January 4, 2016 APWA GSP) Commercial General Liability insurance shall be written on coverage forms at least as broad as ISO occurrence form CG 00 01, including but not limited to liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. Contractor shall maintain Commercial General Liability Insurance arising out of the Contractor’s completed operations for at least three years following Substantial Completion of the Work. Such policy must provide the following minimum limits: $1,000,000 Each Occurrence $2,000,000 General Aggregate $2,000,000 Products & Completed Operations Aggregate $1,000,000 Personal & Advertising Injury each offence $1,000,000 Stop Gap / Employers’ Liability each accident DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-61 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 1-07.18(5)B Automobile Liability (January 4, 2016 APWA GSP) Automobile Liability shall cover owned, non-owned, hired, and leased vehicles; and shall be written on a coverage form at least as broad as ISO form CA 00 01. If the work involves the transport of pollutants, the automobile liability policy shall include MCS 90 and CA 99 48 endorsements. Such policy must provide the following minimum limit: $1,000,000 Combined single limit each accident 1-07.18(5)C Workers’ Compensation (January 4, 2016 APWA GSP) The Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 1-07.18(5)D Excess or Umbrella Liability (January 4, 2016 APWA GSP) The Contractor shall provide Excess or Umbrella Liability insurance with limits of not less than $1 million each occurrence and annual aggregate. This excess or umbrella liability coverage shall be excess over and as least as broad in coverage as the Contractor’s Commercial General and Auto Liability insurance All entities listed under 1-07.18(2) of these Special Provisions shall be named as additional insureds on the Contractor’s Excess or Umbrella Liability insurance policy. This requirement may be satisfied instead through the Contractor’s primary Commercial General and Automobile Liability coverages, or any combination thereof that achieves the overall required limits of insurance. 1-07.18(5)J Pollution Liability (January 4, 2016 APWA GSP) The Contractor shall provide a Contractors Pollution Liability policy, providing coverage for claims involving bodily injury, property damage (including loss of use of tangible property that has not been physically injured), cleanup costs, remediation, disposal or other handling of pollutants, including costs and expenses incurred in the investigation, defense, or settlement of claims, arising out of any one or more of the following: 1. Contractor’s operations related to this project. 2. Remediation, abatement, repair, maintenance or other work with lead-based paint or materials containing asbestos. 3. Transportation of hazardous materials away from any site related to this project. All entities listed under 1-07.18(2) of these Special Provisions shall be named by endorsement as additional insureds on the Contractors Pollution Liability insurance policy. Such Pollution Liability policy shall provide the following minimum limits: $1,000,000 each loss and annual aggregate 1-07.18(5)K Professional Liability (January 4, 2016 APWA GSP) The Contractor and/or its Subcontractor(s) and/or its design consultant providing construction management, value engineering, or any other design-related non-construction professional DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-62 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation services shall provide evidence of Professional Liability insurance covering professional errors and omissions. Such policy shall provide the following minimum limits: $1,000,000 per claim and annual aggregate If the scope of such design-related professional services includes work related to pollution conditions, the Professional Liability insurance shall include coverage for Environmental Professional Liability. If insurance is on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. 1-07.23 Public Convenience and Safety (December 2016 City of Auburn GSP) In the last sentence of the first paragraph, replace the word “Highway” with the word “Public”. (December 2016 City of Auburn GSP) Supplement this section with the following: The use of any project area by vehicles or pedestrians before project acceptance is not to be construed as utilization by the City of Auburn. 1-07.23(1) Construction Under Traffic (February 3, 2020 WSDOT GSP 1-07.23(1).OPT2.GR1) Section 1-07.23(1) is supplemented with the following: The Work Zone Clear Zone (WZCZ) applies during working and nonworking hours. The WZCZ applies only to temporary roadside objects introduced by the Contractor’s operations and does not apply to preexisting conditions or permanent Work. Those work operations that are actively in progress shall be in accordance with adopted and approved Traffic Control Plans, and other contract requirements. During nonworking hours equipment or materials shall not be within the WZCZ unless they are protected by permanent guardrail or temporary concrete barrier. The use of temporary concrete barrier shall be permitted only if the Engineer approves the installation and location. During actual hours of work, unless protected as described above, only materials absolutely necessary to construction shall be within the WZCZ and only construction vehicles absolutely necessary to construction shall be allowed within the WZCZ or allowed to stop or park on the shoulder of the roadway. The Contractor's nonessential vehicles and employees private vehicles shall not be permitted to park within the WZCZ at any time unless protected as described above. Deviation from the above requirements shall not occur unless the Contractor has requested the deviation in writing and the Engineer has provided written approval. Minimum WZCZ distances are measured from the edge of traveled way and will be determined as follows: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-63 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Regulatory Posted Speed Distance From Traveled Way (Feet) 35 mph or less 10 40 mph 15 45 to 50 mph 20 55 to 60 mph 30 65 mph or greater 35 Minimum Work Zone Clear Zone Distance (January 2020 City of Auburn GSP) Supplement this section with the following: All unattended excavations shall be barricaded at all times. Failure to provide proper barricading and lighting will be cause for the City to call in a barricading company to install proper barricades and lights and charge the Contractor for all costs incurred. All open trenches shall meet L&I standards for protection. At the end of each working day, the Contractor shall place temporary patches or steel plates over unfinished portions of trenches crossing traveled ways. Material for temporary patches shall be hot or cold mix asphalt concrete. The cost for temporary patches or steel plates shall be included in the appropriate unit bid prices for the work involved . Traffic control devices that are in conflict with required construction traffic devices or construction work shall be covered, removed and temporarily stored, or temporarily relocated by the Contractor. Flagging, signs, and all other traffic control devices shall be in accordance with Section 1- 10.3 (Traffic Control Labor, Procedures, and Devices). Signal downtime will not be allowed Monday thru Friday between the hours of 6:00 AM and 9:00 AM and between 3:00 PM and 6:00 PM (February 2017 City of Auburn GSP) Add the following new section: 1-07.23(1)A Dust and Mud Control and Street Cleaning The Contractor is responsible for controlling dust and mud within the project limits. All streets outside the project limits used by the Contractor during the execution of this Contract shall be kept clean. The Contractor shall be prepared to use the proper equipment necessary to render the streets free of all mud, debris, and foreign materials. Any damage caused by dust or mud accumulation on the streets and in the storm sewer system shall be the sole responsibility of the Contractor. The Contractor’s cleaning actions must comply with the City of Auburn’s Surface Water Management Manual (SWMM). A copy of the City’s SWMM manual can be found on the City’s website at auburnwa.gov under publications and forms. The Contractor shall provide for a clean surface on all surfaced roadways upon completion of each day’s activities. Equipment required for this operation shall be on the job site or available at all times. Failure to have this equipment on the job site or available may necessitate a shutdown of the project. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-64 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Payment for dust and mud control and street cleaning shall be included in the unit contract prices for the bid items for which the dust, mud control, and street cleaning work is associated with, and no additional compensation will be made, except for “Water” per M gal., if shown as a bid item in the Proposal. No compensation shall be made to the Contractor to implement additional erosion control measures that are caused by dust and mud control activities. (May 2020 City of Auburn GSP) Add the following new section: 1-07.23(1)B Daily Cleanup and Maintenance Items The Contractor shall clean all roadways, streets and appurtenances, including sidewalks which are open for public use, of all material or debris that has been dropped or otherwise deposited thereon, as a result of Contractor’s on- and off-site operations, at the conclusion of each working day, and at such other times as deemed necessary by the Engineer to ensure the safety of the traveling public and to prevent inconvenience to the public and owners of private property adjacent to the project. If the Engineer determines that roadways, streets, sidewalks, and appurtenances are not properly cleaned to prevent public inconvenience, or the condition of the excavation or disposal sites so warrant, the Contractor shall provide facilities to remove clay or other deposits from tires, between wheels, and outside of truck beds before trucks and other equipment will be allowed to travel over paved streets. Upon prior written notice from the Engineer, any violation of the above requirements will be sufficient grounds for the Engineer to order the roadways, streets and appurtenances cleaned or sprinkled by others, and to deduct all costs of such cleaning or sprinkling from any money due, or to become due, to the Contractor. (*****) Add the following new section: 1-07.23(1)C Closure Restrictions Lea Hill Bridge: · Full closure is not allowed. · At least one lane in each direction shall be open to traffic during non-working hours. · Lane closures are subject to the following restrictions: o Alternating one-way traffic (flagger controlled) will be allowed during the following hours:  Monday-Friday: 8:00AM - 2:00PM  Saturday: 9:00AM – 5:00PM  Sunday: 9:00AM – 5:00PM 3rd Street Bridges: · A one-time, full closure of the 3rd St. SW bridges will be allowed. The one-time full closure will be permitted from Friday at 9:00PM to Monday at 5:00AM. · If the Engineer determines the permitted closure hours adversely affect traffic, the Engineer may adjust the hours accordingly. The Engineer will notify the Contractor DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-65 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation of any change in the closure hours. · No lane restrictions, disruptions, or closures shall be permitted on any day that a Significant Event is scheduled. A Significant Event is defined as an event at the White River Amphitheater that is anticipated to have more than 3,000 attendees. 1-07.23(2) Construction and Maintenance of Detours (May 2020 City of Auburn GSP) Supplement this section with the following: The Contractor shall submit a written procedure to the Engineer for approval per Section 9- 38 (Submittal Approval) for routing and maintenance of traffic. Streets may be closed to through traffic, unless otherwise specified in Section 1-07.23(1)C (Closure Restrictions), with Engineer approval. The Contractor shall obtain written approval from the Engineer at least 15 working days prior to an anticipated street closure. Street closures shall be such that they provide for maximum public safety and public convenience. They shall be opened to through traffic at such time as the work has been completed, or as the Engineer may direct. Street closures and detours shall provide for the following: 1. Reasonable access to, and egress from, the properties adjacent to the project at all times. 2. At least one-way traffic on all existing roadways within the project limits during working hours and at the end of each working day provisions for the safe passage of two-way traffic during the non-working hours. 3. If the Contractor requires delays or limited term street closure beyond that provided for herein, the request shall be submitted, in writing, for the approval of the Engineer before the anticipated delay or closure. The delay or closure request shall state the reason, the locations, the time and date, and the duration of the required delay or closure. 4. The Contractor is required, at their own expense, to remove all excess materials, debris, or other obstruction caused by their operation, from the streets or alleys as the work progresses, whether within the project limits or along haul routes. If the Contractor neglects to remove such materials or obstruction and return streets, sidewalks, driveways, and roads in suitable condition for traffic within 1 working day after having received written notice from the Engineer, the work may be done by the City of Auburn and the cost thereof charged to the Contractor and deducted from money due, or to become due, to the Contractor. The Contractor shall repair or replace any streets, sidewalks, roads, or culverts damaged by their operations, to the satisfaction of the Engineer and other concerned parties. 5. The Contractor must maintain convenient access for local traffic to driveways, houses, and buildings along the work route. Such access shall be maintained as near as possible to that which existed before construction began. The Contractor shall provide 10 working days advance notice to all property owners and tenants of street and alley closures or other restrictions, which may interfere with their access. When the abutting owners’ access across right-of-way lines is to be DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-66 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation eliminated and replaced under the Contract by another access, the existing access shall not be closed until the replacement access facility is available. The Contractor shall be responsible for making detailed notifications of detours and closures as follows: 1. The Contractor shall provide at least 10 working days advance written notification to the local public transportation organization(s), School District, Fire Authority and Police Department before the beginning of operations, so that these agencies may reroute their emergency vehicles around the construction zone. If the Fire Authority or Police Department determine that rerouting is not possible, the Contractor shall allow reasonable access through the construction zone at all times. 2. The Contractor shall notify all affected owners and agencies of all closures, detours and traffic interruptions at least 10 working days in advance of such closure. Notification shall be in writing and must include the beginning and ending times and dates of traffic disruption(s), names of streets or locations of alleys to be affected, detour routes, etc. The Contractor shall give the Engineer written certification of all notifications before all traffic disruptions. On large projects requiring extended traffic disruption, the Contractor shall make additional notifications, as conditions require. (February 2017 City of Auburn GSP) Add the following new section: 1-07.23(3) Payment Payment for all Contract requirements specified in Section 1-07.23 (Public Convenience and Safety) and subsections thereof, shall be included in the appropriate unit bid prices for the work involved, unless otherwise specified. 1-07.24 Rights of Way (August 2021 City of Auburn GSP) Delete this section and replace it with the following: Street right-of-way lines, limits of easements, and limits of construction permits are indicated in the Plans. The Contractor’s activities shall be confined within these limits, unless arrangements for use of private property are made. Whenever any of the work is accomplished on or through property other than public right of way, the Contractor shall meet and fulfill all covenants and stipulations of any easement agreements obtained by the City from the owner of the private property. Easement agreements were obtained by the City as part of this project, they are included in the Appendix. The Contractor shall give 48 hours’ notice to each property owner prior to entry of each property. This includes entry onto easements and private property where private improvements must be adjusted. The Right of Entry agreement was obtained from the Department of Natural Resources (DNR) for the work on the Lea Hill Bridge. The agreement is included in the Appendix. The Contractor shall give DNR two (2) weeks’ notice before commencing any activities on the Lea Hill Bridge. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-67 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation The Contractor shall be responsible for providing, without expense or liability to the City, any additional land and access thereto that the Contractor may desire for temporary construction staging facilities, Contractor’s convenience, storage or materials, or other Contractor needs. However, before using any private property, whether adjoining the work or not, the Contractor shall submit to the City a completed “Property Owner Permission for Construction” form. The “Property Owner Permission for Construction” form is available at the City of Auburn Public Works Department. If the Contractor utilizes private property for temporary construction facilities, storage of materials and equipment, employee parking or other Contractor needs, a “Temporary Use Permit” shall be secured from the City of Auburn in accordance with Section 18.46A.070 of the Auburn City Code. The Contractor must file a written release with the City from all private property owners upon whose property the Contractor’s operations has encroached before completion, unless such work was specified in the Contract. (January 2020 City of Auburn GSP) Add the following new section: 1-07.28 Haul Routes Prior to moving any materials or equipment on public streets, the Contractor shall submit a haul route plan to the Engineer for approval per Section 9-38 (Submittal Approval). The plan must be submitted 10 working days prior to hauling. The Engineer must approve the haul route plan before hauling begins. 1-08 Prosecution and Progress (May 25, 2006 APWA GSP) Add the following new section including subsections: 1-08.0 Preliminary Matters 1-08.0(1) Preconstruction Conference (November 2019 City of Auburn GSP) Prior to the Execution of the Contract by the City and within 5 working days of receiving the signed Contract from the Contractor, a preconstruction conference will be scheduled between the Contractor, the Engineer and such other interested parties as may be invited. 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 payments, notifications, approvals, submittals, etc.; 4. To establish normal working hours for the work; 5. To review safety standards and traffic control; and 6. To discuss such other related items as may be pertinent to the work. The Contractor shall prepare and submit electronically 1 working day prior to the preconstruction conference, the following, per Section 9-38 (Submittal Approval): 1. A breakdown of all lump sum items, except for the lump sum items for: a. Traffic Control Supervisor; and b. Mobilization; and DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-68 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation c. Record Drawings 2. Preliminary progress schedule. 3. SPCC Plan per Section 1-07.15(1) of the Contract Documents. In addition, the Contractor shall prepare and submit electronically 1 working day prior to the preconstruction conference: 1. Requests to Sublet for all remaining subcontractors not included in the bid submittal which must be approved prior to payment; 2. Emergency Call List; and 3. Schedule of equipment and labor rates, as outlined in Section 1-09.6 (Force Account). 1-08.0(2) Hours of Work (December 8, 2014 APWA GSP) Except in the case of emergency or unless otherwise approved by the Engineer, the normal working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m. and 6:00 p.m. Monday through Friday, exclusive of a lunch break. If the Contractor desires different than the normal working hours stated above, the request must be submitted in writing prior to the preconstruction conference, subject to the provisions below. The working hours for the Contract shall be established at or prior to the preconstruction conference. All working hours and days are also subject to local permit and ordinance conditions (such as noise ordinances). If the Contractor wishes to deviate from the established working hours, the Contractor shall submit a written request to the Engineer for consideration. This request shall state what hours are being requested, and why. Requests shall be submitted for review no later than 5 working days prior to the day(s) the Contractor is requesting to change the hours. If the Contracting Agency approves such a deviation, such approval may be subject to certain other conditions, which will be detailed in writing. For example: 1. On non-Federal aid projects, requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight-time costs for Contracting Agency representatives who worked during such times. (The Engineer may require designated representatives to be present during the work. Representatives who may be deemed necessary by the Engineer include, but are not limited to: survey crews; personnel from the Contracting Agency’s material testing lab; inspectors; and other Contracting Agency employees or third party consultants when, in the opinion of the Engineer, such work necessitates their presence.) 2. Considering the work performed on Saturdays, Sundays, and holidays as working days with regard to the contract time. 3. Considering multiple work shifts as multiple working days with respect to contract time even though the multiple shifts occur in a single 24-hour period. 4. If a 4-10 work schedule is requested and approved the non-working day for the week will be charged as a working day. 5. If Davis Bacon wage rates apply to this Contract, all requirements must be met and recorded properly on certified payroll. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-69 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 1-08.1 Subcontracting (December 19, 2019 APWA GSP, Option A) Section 1-08.1 is supplemented with the following: Prior to any subcontractor or lower tier subcontractor beginning work, the Contractor shall submit to the Engineer a certification (WSDOT Form 420-004) that a written agreement between the Contractor and the subcontractor or between the subcontractor and any lower tier subcontractor has been executed. This certification shall also guarantee that these subcontract agreements include all the documents required by the Special Provision Federal Agency Inspection. A Subcontractor or lower tier Subcontractor will not be permitted to perform any work under the contract until the following documents have been completed and submitted to the Engineer: 1. Request to Sublet Work (WSDOT Form 421-012), and 2. Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal-aid Projects (WSDOT Form 420-004). The Contractor shall submit to the Engineer a completed Monthly Retainage Report (WSDOT Form 272-065) within 15 calendar days after receipt of every monthly progress payment until every Subcontractor and lower tier Subcontractor’s retainage has been released. The ninth paragraph, beginning with “On all projects, …” is revised to read: The Contractor shall certify to the actual amount received from the Contracting Agency and amounts paid to all firms that were used as Subcontractors, lower tier subcontractors, manufacturers, regular dealers, or service providers on the Contract. This includes all Disadvantaged, Minority, Small, Veteran or Women’s Business Enterprise firms. This Certification shall be submitted to the Engineer on a monthly basis each month between Execution of the Contract and Physical Completion of the Contract using the application available at: https://wsdot.diversitycompliance.com. A monthly report shall be submitted for every month between Execution of the Contract and Physical Completion regardless of whether payments were made or work occurred. (December 2016 City of Auburn GSP) Supplement this section with the following: Until the City has received and approved the “Request to Sublet” form provided by the City and filled out by the Contractor for a specific Subcontractor, said Subcontractor shall not begin any work within the project limits or within the City furnished sites. The Contractor and Subcontractor shall bear all risks for any work begun outside such areas and for any materials ordered by said Subcontractor before the “Request to Sublet” specific to said Subcontractor is approved. 1-08.3 Progress Schedule 1-08.3(1) General Requirements (May 2020 City of Auburn GSP) Supplement this section with the following. The Contractor shall submit electronically a Preliminary Progress Schedule (first 30 working days) to the Engineer no later than 1 working day prior to the date of the Pre-construction Conference. This preliminary schedule shall show work to be performed during the first 30 DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-70 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation working days of the Contract. Acceptance of the Preliminary Progress Schedule shall be required prior to the execution of the Contract by the City. The Engineer will periodically check actual progress of the work against the progress schedule. If the proposed construction schedule cannot be met, the Engineer will require the Contractor to submit a revised schedule to the Engineer for acceptance. The approved revisions will thereafter, in all respects, apply in lieu of the original schedule. Failure of the Contractor to follow the progress schedule submitted and accepted, including revisions thereof, shall relieve the City of any and all responsibility for furnishing and making available all or any portion of the project site from time to time, and will relieve the City of any responsibility for delays to the Contractor in the performance of the work. 1-08.3(2) Progress Schedule Types (December 2016 City of Auburn GSP) Supplement this section with the following. The City requires the use of a Type A Progress Schedule as detailed in Section 1-08.3(2)A (Type A Progress Schedules) for this project. 1-08.3(2)A Type A Progress Schedules (March 2018 City of Auburn GSP) Replace this section with the following: The Contractor shall submit a Type A Progress Schedule in accordance with Section 9-38 (Submittal Approval) of the Contract Specifications. The Progress Schedule shall show the total working days and shall be submitted prior to the first working day of the Contract. The schedule may be a critical path method (CPM) schedule, bar chart, or other standard schedule format. Regardless of which format is used, the schedule shall identify the critical path. The Engineer will evaluate the Type A Progress Schedule and approve or return the schedule for corrections within 10 calendar days of receiving the submittal. 1-08.3(5) Payment (February 2018 City of Auburn GSP) Replace this section with the following: The cost of preparing the progress schedule, maintaining and submitting supplementary progress schedules, and providing weekly schedules shall be included in the unit bid item prices. (December 2016 City of Auburn GSP) Add the following new section: 1-08.3(7) Progress Meeting Progress meetings will be required during the execution of this contract. At a minimum, weekly progress meetings will be conducted with the Contractor and City personnel. Additional meetings may be required for coordination of Contractor work with other contractors, agencies, or interested parties. The determination of time, place, and frequency of required progress meetings will be established at the Preconstruction Conference for this contract. 1-08.4 Notice To Proceed And Prosecution Of The Work (June 2020 City of Auburn GSP) Delete Section 1-08.4 in its entirety, including heading, and replace it with the following: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-71 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation The Notice to Proceed Date shall be within 10 working days of the execution of the Contract by the City. The City will send a dated and signed official “Notice to Proceed” to the Contractor. The Contract time shall begin on the first working day following the “Notice to Proceed Date.” The Contractor shall not commence with the work until the City has executed the Contract and the Engineer has given the Notice to Proceed. The Contractor shall give the City at least 3 working days advance notice before beginning each phase of the work (such as excavation, street paving, etc.). The Contractor shall commence construction activities within 10 calendar days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the contract. 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. 1-08.5 Time for Completion (September 2016 City of Auburn GSP) Revise the last sentence of the first paragraph to read: The days between December 25th and January 1st will classified as non-working days, provided that the Contractor actually suspends work on the Project. (November 30, 2018 APWA GSP, Option A) Revise the third and fourth paragraphs to read: Contract time shall begin on the first working day following the Notice to Proceed Date. Each working day shall be charged to the contract as it occurs, until the contract work is physically complete. If substantial completion has been granted and all the authorized working days have been used, charging of working days will cease. Each week the Engineer will provide the Contractor a statement that shows the number of working days: (1) charged to the contract the week before; (2) specified for the physical completion of the contract; and (3) remaining for the physical completion of the contract. The statement will also show the nonworking days and any partial or whole day the Engineer declares as unworkable. Within 10 calendar days after the date of each statement, the Contractor shall file a written protest of any alleged discrepancies in it. To be considered by the Engineer, the protest shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of time disputed. By not filing such detailed protest in that period, the Contractor shall be deemed as having accepted the statement as correct. If the Contractor is approved to work 10 hours a day and 4 days a week (a 4-10 schedule) and the fifth day of the week in which a 4-10 shift is worked would ordinarily be charged as a working day then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day. Revise the sixth paragraph to read: The Engineer will give the Contractor written notice of the completion date of the contract after all the Contractor’s obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical work on the project must be complete; and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-72 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation a. Certified Payrolls (per Section 1-07.9(5)). b. Material Acceptance Certification Documents c. Monthly Reports of Amounts Credited as DBE Participation, as required by the Contract Provisions. d. Final Contract Voucher Certification e. Copies of the approved “Affidavit of Prevailing Wages Paid” for the Contractor and all Subcontractors f. A copy of the Notice of Termination sent to the Washington State Department of Ecology (Ecology); the elapse of 30 calendar days from the date of receipt of the Notice of Termination by Ecology; and no rejection of the Notice of Termination by Ecology. This requirement will not apply if the Construction Stormwater General Permit is transferred back to the Contracting Agency in accordance with Section 8-01.3(16). g. Property owner releases per Section 1-07.24 (April 2017 City of Auburn GSP) Add the following new section: 1-08.5(1) Project Constraints, Sequences, and Milestones As the result of the time of bid and having 40 working days, the Contractor should anticipate the Work carrying over into the following construction season. 1-08.9 Liquidated Damages (March 3, 2021 APWA GSP, Option A) Replace Section 1-08.9 with the following: Time is of the essence of the Contract. Delays inconvenience the traveling public, obstruct traffic, interfere with and delay commerce, and increase risk to Highway users. Delays also cost tax payers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. Accordingly, the Contractor agrees: 1. To pay liquidated damages in the amount of $3,733.00 for each working day beyond the number of working days established for Physical Completion, and 2. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. When the Contract Work has progressed to Substantial Completion as defined in the Contract, the Engineer may determine the Contract Work is Substantially Complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, liquidated damages identified above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-73 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Project Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. 1-09 Measurement and Payment 1-09.1 Measurement of Quantities (December 2016 City of Auburn GSP) Supplement this section with the following: The quantities shown in the Proposal and Contract forms are estimates only, being given only as a basis for bid comparisons. The basis of payment for each bid item will be the actual work performed and measured in accordance with the Contract. Where items are specified to be paid for by the ton, the Contractor is responsible for providing a certified weight ticket to the Project Inspector for each truckload delivered. Pay quantities will be prepared on the basis of these weight tickets, and tickets not received by the Inspector will not be honored for payment. 1-09.2 Weighing Equipment 1-09.2(1) General Requirements for Weighing Equipment (December 2016 City of Auburn GSP) Supplement this section with the following: Duplicate truck tickets shall be prepared to accompany each truckload of material delivered to the project. 1-09.2(5) Measurement (May 2, 2017 APWA GSP) Revise the first paragraph to read: Scale Verification Checks – At the Engineer’s discretion, the Engineer may perform verification checks on the accuracy of each batch, hopper, or platform scale used in weighing contract items of Work. 1-09.3 Scope of Payment (December 2016 City of Auburn GSP) Supplement this section with the following: There will be no separate payment for “haul” for any bid item or portion thereof in this Contract, unless specified otherwise. All bid items dealing directly with or implying movement of any material to or from the project area or in the project area itself are hereby understood to include full payment for all movement of material. 1-09.4 Equitable Adjustment (April 2006 City of Auburn GSP) The first paragraph, Item 2b is revised to read as follows: b. 1-09.6 (Force Account) DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-74 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 1-09.6 Force Account (October 10, 2008 APWA GSP) Supplement this section with the following: The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of Contractor’s total bid. However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by the Engineer. (January 2020 City of Auburn GSP) Supplement this section with the following: All force account work shall be accounted for daily and entered by the Contractor onto the City of Auburn ‘Daily Report of Force Account Worked’ form (Force Account form). The City Inspector will sign the Force Account form in the field. The contractor shall provide labor and equipment details for force account work to the City before work begins. 1-09.7 Mobilization (December 10, 2020 APWA GSP) Delete this Section and replace it with the following: Mobilization consists of preconstruction expenses and the costs of preparatory Work and operations performed by the Contractor which occur before 10 percent of the total original amount of an individual Bid Schedule is earned from other Contract items on that Bid Schedule. Items which are not to be included in the item of Mobilization include but are not limited to: 1. Any portion of the Work covered by the specific Contract item or incidental Work which is to be included in a Contract item or items. 2. Profit, interest on borrowed money, overhead, or management costs. 3. Any costs of mobilizing equipment for force account Work. Based on the lump sum Contract price for “Mobilization”, partial payments will be made as follows: 1. When 5 percent of the total original Bid Schedule amount is earned from other Contract items on that original Bid Schedule, excluding amounts paid for materials on hand, 50 percent of the Bid Item for mobilization on that original Bid Schedule, 5 percent of the total of that original Bid Schedule, or 5 percent of the total original Contract amount, whichever is the least, will be paid. 2. When 10 percent of the total original Bid Schedule amount is earned from other Contract items on that original Bid Schedule, excluding amounts paid for materials on hand, 100 percent of the Bid Item for mobilization on that original Bid Schedule, 10 percent of the total of that original Bid Schedule, or 10 percent of the total original Contract amount, whichever is the least, will be paid. 3. When the Substantial Completion Date has been established for the project, payment of any remaining amount Bid for mobilization will be paid. DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-75 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Nothing herein shall be construed to limit or preclude partial payments otherwise provided by the Contract. 1-09.8 Payment for Material on Hand (April 2017 City of Auburn GSP) Supplement this section with the following: Payment for materials on hand shall only be considered if, in the sole opinion of the engineer, the material is stored in a safe, secure, and controlled environment. 1-09.9 Payments (January 2017 City of Auburn GSP) All references to “Final Contract Voucher Certification” shall be deleted and replaced with “Final Payment”. (January 2020 City of Auburn GSP) Delete the first four paragraphs and replace them with the following: The basis of payment will be the actual quantities of Work performed according to the contract and as specified for payment. The Contractor shall submit a breakdown of the cost of lump sum bid items per Section 1- 08.0(1) (Preconstruction Conference), to enable the Project Engineer to determine the Work performed on a monthly basis. A breakdown is not required for lump sum items that include a basis for incremental payments as part of the respective Specification. Absent a lump sum breakdown, the Project Engineer will make a determination based on information available. The Project Engineer’s determination of the cost of work shall be final. Progress payments for completed work and material on hand will be based upon progress estimates prepared by the Engineer. The initial progress estimate will be made not later than 30 days after the Contractor commences the work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the work are tentative, and made only for the purpose of determining progress payment. The progress estimates are subject to change at any time prior to the calculation of the Final Payment. The value of the progress estimate will be the sum of the following: 1. Unit Price Items in the Bid Form — the quantity of acceptable units of work completed multiplied by the unit price. 2. Lump Sum Items in the Bid Form — based on the approved Contractor’s lump sum breakdown for that item, or absent such a breakdown, based on the Engineer’s determination. 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site or other storage area approved by the Engineer. 4. Change Orders — entitlement for approved extra cost or completed extra work as determined by the Engineer. Progress payments will be made in accordance with the progress estimate less: 1. The amount of Progress Payments previously made; and DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-76 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 2. Funds withheld by the Contracting Agency in accordance with the Contract Documents. Progress payments for work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any work has been satisfactorily completed. The determination of payments under the contract will be final in accordance with Section 1- 05.1. (March 2018 City of Auburn GSP) Delete the last sentence of the sixth paragraph. (December 2016 City of Auburn GSP) Supplement this section with the following: The Contractor shall submit to the City, no later than 3 working days after the 20th day of each month, all documentation for payment for work completed during the previous period. All monthly pay requests are subject to approval and verification by the Engineer. Typical payment periods are from the 21st day to the 20th day of each month. Errors, omissions, revisions or corrections in the original submittal for payment may result in delayed payment. The Contractor is responsible for maintaining adequate records of bid item quantities for the work completed for each monthly pay period. These quantities will be subject to approval and verification by the Engineer. All progress payments will be mailed to the address designated in writing by the Contractor at the preconstruction conference. Final payment does not constitute Final Acceptance of the Contract Work. 1-09.9(1) Retainage (June 27, 2011 WSDOT GSP 1-09.9(1).OPT1.GR1) Section 1-09.9(1) including title is deleted and replaced with the following: 1-09.9(1) Vacant 1-09.13 Claims Resolution 1-09.13(3) Claims $250,000 or Less (October 1, 2005 APWA GSP) Delete this Section and replace it with the following: The Contractor and the Contracting Agency mutually agree that those claims that total $250,000 or less, submitted in accordance with Section 1-09.11 and not resolved by nonbinding ADR processes, shall be resolved through litigation unless the parties mutually agree in writing to resolve the claim through binding arbitration. 1-09.13(3)A Administration of Arbitration (July 23, 2015 APWA GSP) Revise the third paragraph to read: The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of the county in which the Contracting Agency’s headquarters is located, provided that where claims subject to arbitration are asserted against a county, RCW 36.01.05 shall control venue and jurisdiction of the Superior Court. The decision of the DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-77 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall use the Contract as a basis for decisions. 1-10 Temporary Traffic Control 1-10.1 General (April 2017 City of Auburn GSP) Supplement this section with the following: The Contractor is also responsible for distributing City provided informational flyers to affected property owners. The flyers shall be hand-delivered to these properties before the start of construction and shall include the name of the project, funding source, general contractor, approximate date for start and completion of construction activities. The Contractor shall provide traffic control for City provided inspection, testing, and survey as requested by the Engineer. 1-10.2 Traffic Control Management 1-10.2(1) General (January 3, 2017 WSDOT GSP 1-10.2(1).OPT1.GR1) Section 1-10.2(1) is supplemented with the following: Only training with WSDOT TCS card and WSDOT training curriculum is recognized in the State of Washington. The Traffic Control Supervisor shall be certified by one of the following: The Northwest Laborers-Employers Training Trust 27055 Ohio Ave. Kingston, WA 98346 (360) 297-3035 Evergreen Safety Council 12545 135th Ave. NE Kirkland, WA 98034-8709 1-800-521-0778 The American Traffic Safety Services Association 15 Riverside Parkway, Suite 100 Fredericksburg, Virginia 22406-1022 Training Dept. Toll Free (877) 642-4637 Phone: (540) 368-1701 1-10.2(2) Traffic Control Plans (January 2020 City of Auburn GSP) Supplement this section with the following: Contractor prepared Traffic Control Plans shall conform to the established standards for plan development as shown in the MUTCD, 2009 Edition, Part VI, and the WSDOT Work Zone Traffic Control Guidelines, latest edition. A separate pedestrian traffic control plan shall be required from the Contractor if normal pedestrian travel is affected by the Contractors actions. The Contractor shall submit the Traffic Control Plan and/or Pedestrian Accommodation Plan to the Engineer for review and approval at least 5 working days in advance of the time the traffic control devices, including signs, are scheduled to be installed and utilized. The DIVISION 1: GENERAL REQUIREMENTS CP2006 & CP2007 1-78 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Engineer must approve the Traffic Control Plan before any onsite work begins on the project. Any modifications or deviations from the approved Traffic Control Plan will require review and approval by the Engineer. Outside edges of the traveled way may be delineated with traffic safety drums or tubular markers providing that the requirements of Section 1-07.23(1) (Construction Under Traffic) are met. Barricades shall be in accordance with the applicable Standard Plans. 1-10.3 Traffic Control Labor, Procedures, and Devices 1-10.3(1) Traffic Control Labor 1-10.3(1)B Other Traffic Control Labor (*****) Supplement this section with the following: When working within signalized intersections, the Contractor shall provide uniformed officers from outside police agencies and shall contract for those services directly. 1-10.5 Payment 1-10.5(1) Lump Sum Bid for Project (No Unit Items) (August 2021 City of Auburn GSP) Supplement this section with the following: Costs for uniformed police officers including the costs for scheduling and coordinating all uniformed police officers by the Contractor shall be included in the lump sum contract price for Project Temporary Traffic Control and no additional compensation will be made. END OF DIVISION 1 PART 2: TECHNICAL SPECIAL PROVISIONS for Project Number CP2006 & CP2007 3RD STREET SW AND LEA HILL BRIDGE DECK PRESERVATION Contract No. 21-29 TABLE OF CONTENTS PART 2: TECHNICAL SPECIAL PROVISIONS DIVISION 2 Earthwork ....................................................................................................... 2-01 Clearing, Grubbing, and Roadside Cleanup ............................................................ 2-1 2-01.1 Description ................................................................................................... 2-1 DIVISION 6 Structures ....................................................................................................... 6-02 Concrete Structures ................................................................................................. 6-1 6-02.2 Materials ....................................................................................................... 6-1 6-02.3 Construction Requirements ......................................................................... 6-4 6-02.3(2) Proportioning Materials .............................................................................. 6-11 6-02.3(13) Expansion Joints ........................................................................................ 6-11 6-02.4 Measurement ............................................................................................. 6-14 6-02.5 Payment ..................................................................................................... 6-14 6-02.5 Bridge and Structures Minor Items ............................................................ 6-15 6-09 Modified Concrete Overlays................................................................................... 6-15 6-09.2 Materials ..................................................................................................... 6-15 6-09.3 Construction Requirements ....................................................................... 6-15 6-09.3(3) Concrete Overlay Mixes ............................................................................. 6-15 6-09.3(5) Scarifying Concrete Surface ...................................................................... 6-15 6-09.3(6) Further Deck Preparation ........................................................................... 6-16 6-09.3(6)B Deck Repair Preparation ............................................................................ 6-16 6-09.3(6)C Placing Deck Repair Concrete ................................................................... 6-16 6-09.4 Measurement ............................................................................................. 6-16 6-09.5 Payment ..................................................................................................... 6-16 6-100 Methacrylate (MMA) Deck Sealer .............................................................. 6-17 6-100.1 Description of Work .................................................................................... 6-17 6-100.2 Materials ..................................................................................................... 6-17 6-100.3 Construction Requirements ....................................................................... 6-18 6-100.4 Measurement ............................................................................................. 6-20 6-100.5 Payment ..................................................................................................... 6-20 DIVISION 8 MISCELLANEOUS CONSTRUCTION ............................................................ 8-09 Raised Pavement Markers ....................................................................................................... 8-1 8-09.3 Construction Requirements ......................................................................... 8-1 8-09.3(8) Remove Raised Pavement Markings .......................................................... 8-1 8-09.4 Measurement ............................................................................................... 8-1 8-09.5 Payment ....................................................................................................... 8-1 8-23 Temporary Pavement Markings ............................................................................... 8-2 8-23.3 Construction Requirements ......................................................................... 8-2 8-23.3(4) Pavement Marking Application .................................................................... 8-2 8-23.3(4) Temporary Pavement Marking Tape ........................................................... 8-2 8-23.3(4) Temporary Pavement Marking Tape – Short Duration (Removable) ................ 8-23.4 Measurement ............................................................................................... 8-2 8-23.5 Payment ....................................................................................................... 8-2 DIVISION 9 MATERIALS 9-34 Pavement Marking Material ..................................................................................... 8-1 9-34.5 Temporary Pavement Marking Tape ........................................................... 8-1 9-34.5(1) Temporary Pavement Marking Tape – Short Duration (Removable) .......... 8-1 9-38 Submittal Approval .................................................................................................................... 9-1 9-38.1 Submittals .................................................................................................... 9-1 9-38.1(1) Submittal Transmittal Procedures ................................................................ 9-1 9-38.1(2) Request for Submittal Approval (RSA) Form Instructions ........................... 9-2 9-38.1(3) Request For Approval Of Material (RAM) Submittal Content ...................... 9-3 9-38.1(5) Engineer’s Submittal Review ....................................................................... 9-5 9-38.1(6) Submittal Approval and Acceptance Codes ................................................ 9-5 9-38.2 Schedule of Submittals ................................................................................ 9-7 DIVISION 2: EARTHWORK CP2006 & CP2007 2-1 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Restoration Project 2 DIVISION 2 Earthwork 2-01 Clearing, Grubbing, and Roadside Cleanup 2-01.1 Description (March 13, 1995 WSDOT GSP) Supplement this section with the following: Clearing and grubbing on this project shall be performed within the following limits: *** As required to construct a 20-foot wide temporary access road from 8th ST NE to Garden Ave within the parcel of land owned by the City of Auburn. Coordinate with the Engineer for acceptance of limits. *** END OF DIVISION 2 DIVISION 3: AGGREGATE PRODUCTION AND ACCEPTANCE CP2006 & CP2007 3-1 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 3 DIVISION 3 Aggregate Production and Acceptance No Revisions. END OF DIVISION 3 DIVISION 4: BASES CP2006 & CP2007 4-1 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 4 DIVISION 4 Bases No Revisions. END OF DIVISION 4 DIVISION 5: SURFACE TREATMENTS AND PAVEMENTS CP2006 & CP2007 5-1 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 5 DIVISION 5 Surface Treatments and Pavements No Revisions. END OF DIVISION 5 DIVISION 6: STRUCTURES CP2006 & CP2007 6-1 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 6 DIVISION 6 Structures 6-02 Concrete Structures 6-02.2 Materials Section 6-02.2 is supplemented with the following: (August 3, 2015 WSDOT GSP 6-02.2.OPT4.GB6) Epoxy Crack Sealing Epoxy sealing paste shall be a thixotropic compound. Epoxy injection resin shall be a moisture-insensitive, two-component material capable of restoring the structural integrity of a structure by structurally bonding cracks, delaminations and hollow planes. Resin formulations shall be hydrophilic with variable viscosity to allow full depth penetration in cracks having a width of 6 mils and greater. Epoxy injection resin, when mixed with the hardener in accordance with the manufacturer's written instructions, shall cure to a non-shrink solid material. The material shall have a normal curing time of less than 24 hours. Epoxy injection resin shall have the following physical properties: Solids Content, by weight (minimum) 98 percent Viscosity (maximum) at 77F (Brookfield) 700 cps Compressive Yield Strength (minimum) 12,000 psi Minimum Flexural Strength (ASTM D 790) 10,000 psi Bond Strength (minimum) 500 psi The Contractor shall submit a Type 2 Working Drawing consisting of sample of the material of the epoxy sealing paste and epoxy injection resin together with sufficient directions and technical data for its use. The Contractor shall submit a Type 1 Working Drawing consisting of the Materials Safety Data Sheet (MSDS) for each type of epoxy sealing paste and epoxy injection resin. (April 6, 2015 WSDOT GSP 6-02.2.OPT26.GB6) Rapid Cure Silicone Sealant Rapid cure silicone sealant shall be Dow Corning 902 RCS Joint Sealant. DIVISION 6: STRUCTURES CP2006 & CP2007 6-2 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation The Contractor shall deliver the joint sealant to the job site in the sealant manufacturer's original sealed container. Each container shall be marked with the sealant manufacturer's name and lot or batch number. Each lot or batch shall be accompanied by the manufacturer's Materials Safety Data Sheet (MSDS), and Manufacturer’s Certificate of Compliance, identifying the lot or batch number, and certifying that the materials conform to the properties stated on the product data sheet. The backer rod shall be closed cell expanded polyethylene foam as recommended by the sealant manufacturer. The diameter of the backer rod shall be as recommended by the sealant manufacturer for the expansion joint opening at the time of installation. (April 6, 2015 WSDOT GSP 6-02.2.OPT27.GB6) Polyester Concrete Polyester Resin Binder The resin shall be an unsaturated isophthalic polyester-styrene co-polymer. Prior to adding the initiator, the resin shall conform to the following requirements: Viscosity: 75 to 200 cps ASTM D 2196 (20 rpm at 77F, RVT No. 1 spindle) Specific Gravity: 1.05 to 1.10 at 77F ASTM D 1475 Styrene Content: 45% to 50% by weight ASTM D2369 of polyester styrene resin The hardened resin shall conform to the following requirements: Elongation: 35% minimum ASTM D 638 w/ thickness 0.25" ± 0.04" Tensile Strength: 2,500 psi minimum ASTM D 638 w/ thickness 0.25" ± 0.04" Conditioning 18 hours/77F/50% + 5 hours/158F ASTM D 618 Silane Coupler: 1.0% minimum (by weight of polyester-styrene resin) The silane coupler shall be an organosilane ester, gammamethacryloxypro- pyltrimethoxysilane. The promoter/hardeners shall be compatible with suitable methyl ethyl ketone peroxide (MEKP) and cumene hydroperoxide (CHP) initiators. MEKP and CHP initiators shall be used as recommended by the manufacturer. DIVISION 6: STRUCTURES CP2006 & CP2007 6-3 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Polyester resin binder will be accepted based on submittal to the Engineer of a Manufacturer’s Certificate of Compliance. High Molecular Weight Methacrylate (HMWM) Resin In addition to the viscosity and density properties, and the promoter/initiator system, specified in Section 6-09.2, the HMWM resin for polyester concrete shall conform to the following requirements: Flash Point: 180F minimum ASTM D 3278 Tack-Free Time: 400 minutes maximum California Test 551 Prior to adding initiator, the HMWM resin shall have a maximum volatile content of 30 percent, when tested in conformance with ASTM D 2369. HMWM resin will be accepted based on submittal to the Engineer of a Manufacturer’s Certificate of Compliance. Aggregate The aggregate shall be from a WSDOT approved pit site and shall be thoroughly washed and kiln dried. The aggregate shall conform to Section 9-03.1(5)B for either 1/2-inch or 3/8-inch maximum nominal aggregate size. The combined aggregate shall have a maximum of 45 percent crushed particles. Fine aggregate shall conform to Section 9-03.13. Aggregate absorption shall not exceed 1.0 percent. The moisture content of the aggregate shall not exceed one half of the aggregate absorption at the time of mixing with the polyester resin binder. The aggregate temperature shall be between 45F and 100F at the time of mixing. Sand for Abrasive Finish The sand for abrasive finish shall conform to Section 6-09.2, and the aggregate moisture content requirements specified above. (April 6, 2015 WSDOT GSP 6-02.2.OPT28.GB6) Elastomeric Concrete Elastomeric concrete shall be one of the following three products: BASF/Watson Bowman Acme Wabo Crete II D. S. Brown Delcrete DIVISION 6: STRUCTURES CP2006 & CP2007 6-4 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation R. J. Watson Poly-Tron The elastomeric concrete aggregate shall be as specified, gradated, and packaged by the elastomeric concrete manufacturer. The primer shall be as recommended by the elastomeric concrete manufacturer. The Contractor shall deliver the elastomeric concrete components to the job site in the elastomeric concrete manufacturer's original sealed containers. Each container shall be marked with the sealant manufacturer's name and lot or batch number. Each lot or batch shall be accompanied by the manufacturer's Materials Safety Data Sheet (MSDS), and Manufacturer’s Certificate of Compliance, identifying the elastomeric concrete manufacturer and the lot or batch number, and certifying that the materials conform to the properties stated in the product data sheet. 6-02.3 Construction Requirements Supplement this section with the following: (August 3, 2015 WSDOT GSP 6-02.3.OPT1.GB6) Epoxy Crack Sealing The materials being used may be dermatetic. The Contractor’s contact with and use of the materials shall conform to the requirements specified in the MSDS for each material, and all personnel shall be provided with appropriate clothing and protective garments. All materials shall be stored and protected from ignition sources as recommended by the material manufacturer. The cracks shall be cleaned of efflorescence, deteriorated concrete and other surface debris, by vacuuming, flushing, routing, sawing or other means as required. Entry ports shall consist of tubes, tees or other valve devices as recommended by the resin manufacturer. The ports shall be placed at intervals along each crack in accordance with the manufacturer's written instructions for the resin being used. The holes for the entry ports shall be drilled with a hollow bit with an attached vacuum chuck to prevent concrete dust from becoming embedded in the crack. The exposed crack surfaces and the areas around the entry ports shall be sealed with epoxy sealing paste and cured in accordance with the resin manufacturer's written instructions, to attain a seal capable of withstanding the applied injection pressures. The Contractor shall furnish the services of a factory trained technical representative to perform the epoxy crack sealing injection. DIVISION 6: STRUCTURES CP2006 & CP2007 6-5 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Injection shall be accomplished with a pressure or injection machine compatible with the resin selected for use and shall begin at the lowest port and continue until there is evidence of the resin at the entry port directly above and adjacent to the port being pumped. When material travel is indicated, the nozzle shall be moved to the port that shows resin. The previously pumped port shall be sealed. Injection shall continue until the crack is completely filled. On wide cracks where resin travel between ports will be rapid, two or more ports may be pumped simultaneously. On exceptionally large cracks, a formulation (dependent upon crack width, ambient temperature, modulus requirements and other variables) of epoxy resin and fine sands shall be used as recommended by the resin manufacturer. After all ports have been pumped and the crack is full, the epoxy resin shall be cured without disturbance in accordance with the resin manufacturer's written instructions as necessary to ensure development of the full bond capacity of the material. After the epoxy has cured completely, the epoxy sealing paste and port stems shall be ground flush with the original surface of the concrete. At the discretion of the Engineer, cores shall be taken after the repair is completed to confirm penetration and bonding. The number and locations of such cores will be as specified by the Engineer. These cores shall be submitted to the Engineer for testing in the WSDOT Materials Laboratory. (January 7, 2019 WSDOT GSP 6-02.3.OPT9.GB6) Polyester Concrete Manufacturer’s Technical Representative The Contractor shall have the services of a qualified polyester concrete manufacturer's technical representative physically present at the job site. The manufacturer’s technical representative shall assist the Contractor in training the Contractor’s personnel and providing technical assistance in preparing the header blockout surface, applying primer, and mixing, placing, and curing the polyester concrete. Mix Design Polyester concrete shall be composed of the following three components – polyester resin binder, high molecular weight methacrylate (HMWM) resin, and aggregate, in accordance with Section 6-02.2 as supplemented in these Special Provisions. The Contractor shall prepare and submit a Type 1 Working Drawing consisting of the polyester concrete design mix and mixing procedure. The mix design shall include a recommended initiator percentage for the expected application DIVISION 6: STRUCTURES CP2006 & CP2007 6-6 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation temperature, and the recommended amount of polyester resin binder as a percentage of the dry weight of aggregate. The amount of peroxide initiator used shall result in a polyester concrete set time between 30 and 120 minutes during placement as determined by California Test 551, Part 2, “Method of Test For Determination of Set Time of Concrete Overlay and Patching Materials”, by Gilmore Needles. Accelerators or inhibitors may be required as recommended by the polyester resin binder supplier. Delivery and Storage of Materials All materials shall be delivered in their original containers bearing the manufacturer's label, specifying date of manufacturing, batch number, trade name brand, and quantity. Each shipment of polyester resin binder and HMWM resin shall be accompanied by a Materials Safety Data Sheet (MSDS). The material shall be stored in accordance with the manufacturer’s recommendations. Sufficient material to perform the entire polyester concrete application shall be in storage at the site prior to any field preparation. Equipment and Containment The Contractor shall submit a Type 1 Working Drawing consisting of all equipment for cleaning the concrete and steel surfaces, and mixing and applying the polyester concrete. The HMWM resin, and abrasive blasting materials, shall be contained and restricted to the surface receiving the polyester concrete only, and shall not escape to the surrounding environment. The Contractor shall submit a Type 1 Working Drawing consisting of the method and materials used to collect and contain the HMWM resin, and abrasive blasting materials. Surface Preparation The concrete and steel surfaces shall be prepared by removing all material which may act as a bond breaker between the surface and the polyester concrete. Surface cleaning shall be by abrasive blasting. Precautions shall be taken to ensure that no dust or debris leaves the bridge deck and that all traffic is protected from rebound and dust. If the concrete or steel surfaces become contaminated, the contaminated areas shall be recleaned by abrasive blasting. Application of Prime Coat Application of the HMWM prime coat and the polyester concrete shall not begin if rain is forecast within 12-hours of completion of the Work. The area receiving the prime coat shall be dry and had no rain within the past 12 hours. Immediately prior DIVISION 6: STRUCTURES CP2006 & CP2007 6-7 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation to applying the prime coat, the surfaces shall be cleaned to remove accumulated dust and any other loose material. The concrete bridge deck surface shall be between 50F and 85F when applying the prime coat. The Contractor shall apply one coat of promoted/initiated wax-free HMWM resin to the prepared concrete and steel surfaces immediately before placing the polymer concrete. The promoted/initiated resin shall be worked into the concrete in a manner to assure complete coverage of the area receiving polyester concrete. A one pint sample of each batch of promoted/initiated HMWM resin shall be retained and submitted to the Engineer at the time of primer application. The prime coat shall cure for 30 minutes minimum before beginning placement of the polyester concrete. Placement of the polymer concrete shall not proceed until the Engineer verifies that the HMWM resin was properly promoted and initiated, as evidenced by the HMWM batch sample. If the primed surface becomes contaminated, the contaminated area shall be cleaned by abrasive blasting and reprimed. Mixing Equipment for Polyester Concrete Polyester concrete shall be mixed in mechanically operated mixers in accordance with the mix design as approved by the Engineer. The mixer size shall be limited to a nine cubic yard maximum capacity, unless otherwise approved by the Engineer. The aggregate and resin volumes shall be recorded for each batch along with the date of each recording. A printout of the recordings shall be furnished to the Engineer at the end of each work shift. The Contractor shall prevent any cleaning chemicals from reaching the polyester mix during the mixing operations. Mixing Components The polyester resin binder in the polyester modified concrete shall be approximately 12 percent by weight of the dry aggregate. The Contractor shall specify the exact percentage in the mix design Working Drawing submittal. The polyester resin binder shall be initiated and thoroughly blended just prior to mixing the aggregate and binder. The polyester concrete shall be thoroughly mixed prior to placing. Polyester Concrete Placement The polyester concrete shall be placed within two hours of placing the prime coat. DIVISION 6: STRUCTURES CP2006 & CP2007 6-8 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Polyester concrete shall be placed within 15 minutes following initiation. Polyester concrete that is not placed within this time shall be discarded. The surface temperature of the area receiving the polyester concrete shall be the same as specified above for the HMWM prime coat. The polyester concrete shall be consolidated in accordance with the manufacturer’s recommendations. Finished Polyester Concrete Surface The finished surface of the polyester concrete shall smooth and uniform as to crown and grade in accordance with Section 6-02.3(10)D3. Finishing equipment used shall strike off the polyester concrete to the established grade and cross section. The polyester concrete shall receive an abrasive sand finish. The sand finish shall be applied by hand immediately after strike-off and before gelling occurs. Sand shall be broadcast onto the surface to affect a uniform coverage of a minimum of 0.8 pounds per square yard. Curing The polyester concrete shall be cured in accordance with the manufacturer’s recommendations. The Contractor shall measure the compressive strength of the cured polyester concrete with a rebound hammer in accordance with ASTM C 805. The readings of the rebound hammer used shall be correlated to the compressive strength of the polyester concrete product in accordance with ASTM C 805 Section 5.4, and the Contractor shall submit a Type 1 Working Drawing of this correlation. Traffic and equipment shall not be permitted on the polyester concrete until it achieves a compressive strength of 2500 psi based on the rebound hammer readings and the correlation chart for the rebound hammer used. (January 7, 2019 WSDOT GSP 6-02.3.OPT10.GB6) Elastomeric Concrete Elastomeric concrete shall be composed of the following three components – two- component polyurethane resin binder, and aggregate, in accordance with Section 6- 02.2 as supplemented in these Special Provisions. Manufacturer’s Technical Representative The Contractor shall have the services of a qualified elastomeric concrete manufacturer's technical representative physically present at the job site. The manufacturer’s technical representative shall assist the Contractor in training the Contractor’s personnel and providing technical assistance in preparing the header blockout surface, applying primer, and mixing, placing, and curing the elastomeric concrete. DIVISION 6: STRUCTURES CP2006 & CP2007 6-9 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Delivery and Storage of Materials All materials shall be delivered in their original containers bearing the manufacturer's label, specifying date of manufacturing, batch number, trade name brand, and quantity. Each shipment of polyurethane resin binder shall be accompanied by a Materials Safety Data Sheet (MSDS). The materials shall be stored in accordance with the manufacturer’s recommendations. Sufficient material to perform the entire elastomeric concrete application shall be in storage at the site prior to any field preparation. Equipment and Containment The Contractor shall submit a Type 1 Working Drawing consisting of all equipment for cleaning the concrete and steel surfaces, and mixing and applying the elastomeric concrete. The abrasive blasting materials, shall be contained and restricted to the surface receiving the elastomeric concrete only, and shall not escape to the surrounding environment. The Contractor shall submit a Type 1 Working Drawing consisting of the method and materials used to collect and contain the abrasive blasting materials. Surface Preparation The concrete and steel surfaces shall be prepared by removing all material which may act as a bond breaker between the surface and the elastomeric concrete, including the removal of all loose, deteriorated, or otherwise unsound concrete. Steel surfaces shall be cleaned and prepared to an SSPC SP-10 surface condition. Surface cleaning shall be by abrasive blasting. Precautions shall be taken to ensure that no dust or debris leaves the bridge deck and that all traffic is protected from rebound and dust. If the concrete or steel surfaces become contaminated, the contaminated areas shall be recleaned by abrasive blasting. Freshly placed concrete shall be cured for a minimum of 14 calendar days before application of primer and elastomeric concrete. Application of Prime Coat Application of the prime coat and the elastomeric concrete shall not begin if rain is forecast within 12-hours of completion of the Work. The area receiving the prime coat shall be dry and had no rain within the past 12 hours. Immediately prior to applying the prime coat, the surfaces shall be cleaned to remove accumulated dust and any other loose material. DIVISION 6: STRUCTURES CP2006 & CP2007 6-10 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation The concrete bridge deck surface shall be between 50F and 85F when applying the prime coat. The Contractor shall apply primer in accordance with the elastomeric concrete manufacturer's recommendations, and shall limit the extent of primer application to that surface area that can be covered by a layer of elastomeric concrete before primer cure. If the primed surface becomes contaminated, the contaminated area shall be cleaned by abrasive blasting and reprimed. Mixing Components The Contractor shall mix the elastomeric concrete components and the resultant mixture in accordance with the equipment and procedure recommended by the elastomeric concrete manufacturer. Elastomeric Concrete Placement The elastomeric concrete shall be placed on the liquid prime coat within the time limits specified by the manufacturer. Elastomeric concrete shall be placed in layers not to exceed the maximum depth recommended by the elastomeric concrete manufacturer. At locations deep enough to require placement of multiple layers of elastomeric concrete, each layer shall be cured, and the top of the previous layer roughened, as recommended by the elastomeric concrete manufacturer before placement of the next layer. Elastomeric concrete shall be placed within five minutes of initiation. The surface temperature of the area receiving the elastomeric concrete shall be the same as specified above for the prime coat. Finished Elastomeric Concrete Surface The finished surface of the elastomeric concrete shall be smooth and uniform as to crown and grade in accordance with Section 6-02.3(10)D3. Finishing tools or equipment used shall strike off the elastomeric concrete to the established grade and cross section. The finished surface of elastomeric concrete shall receive an abrasive sand finish. The sand finish shall be applied by hand immediately after strike-off and before gelling occurs. Sand shall be broadcast onto the surface to affect a uniform coverage of a minimum of 0.8 pounds per square yard. Curing The elastomeric concrete shall be cured in accordance with the manufacturer’s recommendations. The Contractor shall measure the compressive strength of the cured elastomeric concrete with a rebound hammer in accordance with ASTM C 805. The readings of the rebound hammer used shall be correlated to the DIVISION 6: STRUCTURES CP2006 & CP2007 6-11 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation compressive strength of the elastomeric concrete product in accordance with ASTM C 805 Section 5.4, and the Contractor shall submit a Type 1 Working Drawing of this correlation. Traffic and equipment shall not be permitted on the elastomeric concrete until it achieves a compressive strength of 2500 psi based on the rebound hammer readings and the correlation chart for the rebound hammer used. 6-02.3(2) Proportioning Materials Supplement this section with the following: (September 8, 2020 WSDOT GSP 6-02.3(2).OPT1.GB6) Expansion Joint Header Concrete Expansion joint header concrete shall have a minimum compressive strength of 4,000 psi at 28 days. Unless the Plans or Special Provisions specify a different strength, the concrete shall achieve a minimum compressive strength of 2,500 psi based on early break cylinders prior to allowing traffic to pass across the expansion joint. Type III cement conforming to Section 9-01.2(1) may be used. The nominal maximum size aggregate shall be 1-1/2 inch. Section 6-02.3(3) notwithstanding, non-chloride accelerating admixtures conforming to the following specifications may be used: Admixture Specifications Accelerating Section 9-23.6(4) Water Reducing/Accelerating Section 9-23.6(6) 6-02.3(13) Expansion Joints Supplement this section with the following: Expansion Joint Demolition Plan (April 6, 2015 WSDOT GSP 6-02.3(13).OPT7.GB6) Expansion Joint Modification The Contractor shall submit Type 2 Working Drawings showing the method of removing the specified portions of the existing bridge expansion joints. The Working Drawings shall show the sequence of demolition and removal, the type of DIVISION 6: STRUCTURES CP2006 & CP2007 6-12 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation equipment to be used in all demolition and removal operations, and details of the methods and equipment used for containment, collection, and disposal of all debris. The Working Drawings shall show all stages of demolition. (April 6, 2015 WSDOT GSP 6-02.3(13).OPT7(C).GB6) Joint Preparation and Installation Procedure The Contractor shall submit a Type 1 Working Drawing consisting of the sealant manufacturer's recommended joint preparation and installation procedure. (April 6, 2015 WSDOT GSP 6-02.3(13).OPT7(D).FB6) Field Measuring Existing Expansion Joint The Contractor shall field measure the following dimensions of the existing bridge expansion joints of Bridge No(s). *** Lea Hill Bridge ***: 1. Length along the roadway surface and the horizontal and vertical surfaces of the concrete curb. 2. Opening width at both curb lines and at the centerline of the roadway surface. The Contractor shall submit a Type 1 Working Drawing consisting of the field measured dimensions. (April 6, 2015 WSDOT GSP 6-02.3(13).OPT7(E).FB6) Removing Portions of Existing Bridge Expansion Joints The Contractor shall remove all concrete, expansion joint materials, overlay, dirt and debris at the bridge expansion joints of Bridge No(s). *** Lea Hill Bridge *** within the blockout dimensions shown in the Plans. Concrete removal shall conform to Section 2-02.3(2)A2 and the following restriction on power driven tools: 1. Jack hammers no heavier than the nominal 30 pound class. 2. Chipping hammers no heavier than the nominal 15 pound class. No other power driven equipment shall be used to remove concrete in the vicinity of the bridge expansion joints. The power driven tools shall be operated at angles less than 45 degrees as measured from the surface of the deck to the tool. The Contractor shall dispose of all materials removed from the bridge expansion joints in accordance with Section 2-02.3. For polyester concrete headers, or elastomeric concrete headers, the Contractor shall clean and prepare all existing concrete surfaces bonding to the header in accordance with the Polyester Concrete or Elastomeric Concrete subsection, respectively, to Section 6- DIVISION 6: STRUCTURES CP2006 & CP2007 6-13 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 02.3 as supplemented in these Special Provisions. For concrete headers, the Contractor shall clean and prepare all existing concrete surfaces bonding to the header in accordance with Section 6-02.3(12)B. (April 6, 2015 WSDOT GSP 6-02.3(13).OPT7(F).GB6) Drilling Holes and Setting Steel Reinforcing Bars The Contractor shall drill holes for, and set, steel reinforcing bars into the existing concrete as shown in the Plans in accordance with Section 6-02.3(24)C as supplemented in these Special Provisions. (April 6, 2015 WSDOT GSP 6-02.3(13).OPT7(G).GB6) Placing Polyester Concrete or Elastomeric Concrete Headers The Contractor shall form the polyester concrete or the elastomeric concrete headers in accordance with either the Polyester Concrete or the Elastomeric Concrete subsection to Section 6-02.3 as supplemented in these Special Provisions. The Contractor shall remove all forms from the bridge expansion joints after casting and curing the polyester concrete or the elastomeric concrete headers. (September 8, 2020 WSDOT GSP 6-02.3(13).OPT7(I).GB6) Placing Expansion Joint Sealant The Contractor shall have the services of a qualified sealant manufacturer's technical representative physically present at the job site to assist in assuring the proper installation of the rapid cure silicone sealant, provide technical assistance for the use of the joint sealant, train the Contractor's personnel installing the joint sealant, and to observe and inspect the installation of at least the first complete joint. Prior to scarifying the concrete deck for the modified concrete overlay, the Contractor shall remove all expansion joint materials and debris from the existing expansion joints, and shall dispose of these materials and debris as specified in Section 2-02.3. Prior to placing the modified concrete overlay, the Contractor shall install a temporary form as shown in the Plans to fill the expansion joint gap. The temporary form shall preserve the expansion joint gap during the modified concrete overlay placement, and shall not damage the joint or the concrete overlay upon removal. The Contractor shall submit Type 2 Working Drawing consisting of the type of temporary form material, and the method of installation and removal. The joint sealant shall not be placed against concrete (including concrete overlay except for polyester concrete overlay) until at least seven days after concrete placement. DIVISION 6: STRUCTURES CP2006 & CP2007 6-14 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation After placing the modified concrete overlay and rounding the corner of the overlay at the joints with a 3/8 inch radius, the Contractor shall clean the bridge expansion joints of all temporary forms, dirt, form oil, grease, and other deleterious material. The Contractor shall clean and prepare the entire joint surface receiving the joint sealant in accordance with the manufacturer’s joint preparation procedure, and as recommended by the sealant manufacturer's technical representative, including two stage abrasive blasting surface preparation and compressed air cleaning. All steel surfaces to be in contact with the joint sealant shall be cleaned to an SSPC-SP10 condition. The joint receiving the sealant shall be sound, clean, dry, and frost free. After the cleaned and prepared joint has received the Engineer's acceptance for joint dimensions, alignment, and preparation, the Contractor shall apply the primer, as recommended by the sealant manufacturer, to all surfaces to be in contact with the joint sealant. The primer shall dry and cure for the time period recommended by the sealant manufacturer for the surface type. After the primer is cured, the Contractor shall place the backer rod, and place the rapid cure silicone sealant in accordance with the joint installation procedure. If the joint width at the time of installation is less than 1-inch or greater than three inches, the Contractor shall not proceed with the expansion joint modification until the installation procedure is revised as recommended by the sealant manufacturer's technical representative and as approved by the Engineer. After installing the rapid cure silicone sealant, the Contractor shall flood the joint area with water. If leakage is detected, the bridge expansion joint system shall be repaired by the Contractor, as recommended by the sealant manufacturer. 6-02.4 Measurement (August 6, 2012 WSDOT GSP) Supplement this section with the following: Epoxy crack sealing will be measured by the linear foot along the sealed crack at the concrete surface. 6-02.5 Payment (August 1, 2011 WSDOT GSP) The fifth and sixth bid items under Section 6-02.5 are supplemented with the following: “Epoxy Crack Sealing”, per linear foot. DIVISION 6: STRUCTURES CP2006 & CP2007 6-15 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Payment for taking and submitting cores to the Engineer for testing, as specified by the Engineer, will be by force account in accordance with Section 1-09.6. For the purpose of providing a common Proposal for all Bidders, the Contracting Agency has entered an amount for the item “Force Account Epoxy Crack Sealing Cores” in the bid proposal to become a part of the total bid by the Contractor. (June 26, 2000 WSDOT GSP) Section 6-02.5 is supplemented with the following: 6-02.5 Bridge and Structures Minor Items For the purpose of payment, such bridge and structures items as *** removal and disposal of existing expansion joints, removal and disposal of existing metal inserts *** etc., for which there is no pay item included in the proposal, are considered as bridge and structures minor items. All costs in connection with furnishing and installing these bridge and structures minor items as shown and noted in the Plans and as outlined in these specifications and in the Standard Specifications shall be included in the *** Scarifying Conc. Surface bid item *** 6-09 Modified Concrete Overlays 6-09.2 Materials 6-09.3 Construction Requirements 6-09.3(3) Concrete Overlay Mixes (January 7, 2002 WSDOT GSP) Supplement this section with the following: The Contractor may use either fly ash modified concrete (FMC), latex modified concrete (LMC), or microsilica modified concrete (MMC) for the concrete overlay. The Contractor shall select one type of concrete for the overlay, provide a mix for the selected concrete to the Engineer in accordance with Item 5 of Section 6-09.3(2), and use that type for the total concrete overlay operation. Use of a combination of types will not be allowed. 6-09.3(5) Scarifying Concrete Surface (April 6, 2015 WSDOT GSP) Supplement this section with the following: The Contractor shall use a hydro-demolition machine for scarifying concrete surfaces. The use of a rotary milling or shot blasting machines will not be allowed. The Contractor shall inform the Engineer of the type of machine selected in accordance with Item 1 of Section 6-09.3(2). DIVISION 6: STRUCTURES CP2006 & CP2007 6-16 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 6-09.3(6) Further Deck Preparation 6-09.3(6)B Deck Repair Preparation (April 6, 2015 WSDOT GSP) Supplement this section with the following: The Contractor shall not remove the bottom two inches of the existing concrete deck, unless otherwise directed by the Engineer. If the existing concrete bridge deck is punctured by the removal operations, the Contractor shall form the bottom surface prior to placing the patching concrete. The Contractor shall submit the method and materials to be used for such forming as a Type 2E Working Drawing in accordance with Section 6-02.3(16). 6-09.3(6)C Placing Deck Repair Concrete (September 2021 City of Auburn GSP) Supplement this section with the following: Placing Patching Concrete For Polyester Concrete Overlay Patching concrete shall be polyester concrete, as specified in Section 6-09.3(3) as supplemented in these Special Provisions. Concrete Class M shall not be used. Polyester concrete for deck repair shall be placed and cured in accordance with Sections 6-09.3(11) and 6-09.3(13), respectively, as supplemented in these Special Provisions. All deck repair material that fails to achieve a minimum compressive strength of 3,000 psi in six hours as verified by the rebound number determined in accordance with ASTM C 805 shall be removed and replaced with new deck repair material by the Contractor, at no additional expense to the Contracting Agency. 6-09.4 Measurement (September 2021, City of Auburn GSP) Supplement this section with the following: No unit of measure shall apply to “Miscellaneous Deck Repairs and Restoration”. 6-09.5 Payment (September 2021 City of Auburn GSP) Supplement this section with the following: Payment will be made in accordance with Section 1-04.1 (Intent of the Contract) for the following bid items: DIVISION 6: STRUCTURES CP2006 & CP2007 6-17 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation “Miscellaneous Deck Repairs and Restoration”, by force account as provided in Section 1- 09.6. (August 2021, City of Auburn GSP) Add the following new section including subsections: 6-100 Methacrylate (MMA) Deck Sealer (******) 6-100.1 Description of Work This work consists of furnishing and applying a protective MMA sealer as shown on the contract plans or as authorized by the Engineer. This work shall be in accordance with the applicable provisions of Section 6-02 “Concrete Structures”, the Plans, as directed by the Engineer, and the following: 6-100.2 Materials MMA Sealant: Furnish one of the following materials or approved equal per the manufacturer’s guidelines and at a minimum rate of 90 ft2 / gallon: · MasterSeal 630, BASF · T-78, Transpo Industries · KBP 204 P SEAL, Kwik Bond Polymers Broadcast sand: · Provide a commercial quality dry blast sand meeting the following: o 95% passing the No. 8 sieve; and o 95% retained on the No. 20 sieve. · Submit sand material data to the Engineer for review and address all review comments. · Submit storage and use plan to the Engineer documenting procedures for maintaining dry sand and gradation requirements above. Fine grade abrasive sand: · Provide fine grade abrasive sand (20/40 abrasive) for prefilling large cracks unable to be prefilled with sealant alone. · Submit sand material data to the Engineer for review and address all review comments. · Submit storage and use plan to the Engineer documenting procedures for maintaining dry sand and gradation requirements above. DIVISION 6: STRUCTURES CP2006 & CP2007 6-18 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 6-100.3 Construction Requirements 1. Test Section: Prior to beginning work, the Contractor shall prepare a 3-foot x 3-foot test section in a discrete location on the bridge deck. MMA sealant and broadcast sand shall be applied to the test section as described in this specification. Applications that do not meet this specification shall be removed and a new application applied at no additional cost to the Contracting Agency. 2. Remove existing crack sealants Remove existing sealants including epoxy crack sealant prior to MMA Flood Seal. Remove sealants with equipment that does not damage the underlying substrate. Use 7,000 psi power wash with a spin head to remove epoxy, or propose alternate means which do not remove more than 1/16 inch of concrete. 3. Prefill Large Cracks Prior to MMA application, prefill cracks greater than 0.025 inches with the sealer used for the flood seal or a pre-promoted version of the sealer. Where sealant soaks-in/withdraws from top of crack, place fine grade abrasive sand (20/40 abrasive) in crack and reapply MMA sealant to seal up to surface of crack. When sealant has not retreated after gel time, the crack is considered prefilled. Do not fill crack with sand beyond top of concrete surface. 4. MMA Application Apply an approved MMA to surface of bridge deck or on surfaces as directed by the Engineer. At least 14 calendar days before the start of the work, provide the Engineer with the sealer manufacturer's written instructions for application and use. 5. Surface Preparation · Clean all areas to be sealed by removing dirt, dust, oil, grease, curing compounds, laitance, or other contaminants that would impede the penetration of the sealant and as required per manufacturer’s specifications; · Collect all debris and other material removed from the surface and cracks, and dispose of it in accordance with applicable federal, state, and local regulations; · Perform a visual inspection of the roadway surface, and sidewalk where applicable. Locate and mark all cracks greater than 0.024 inches appearing on the surface for prefilling. DIVISION 6: STRUCTURES CP2006 & CP2007 6-19 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation · Immediately before applying the sealer direct a 125 psi air blast, from a compressor unit with a minimum pressure of 365 ft3 / min., over the entire surface to remove all dust and debris from surface and cracks. Use an oil trap between the air supply and nozzle. Use ASTM D 4285 "Standard Test Method for Indicating Oil or Water in Compressed Air" to ensure the compressed air is oil and moisture free; · Provide shielding as necessary to prevent dust or debris from striking vehicular traffic or areas outside the work zone; · Wet decks shall be air dried for a minimum of seventy-two (72) hours before applying sealer; · The Engineer shall approve the prepared surface prior to applying the sealer; 6. Sealant Manufacturer Support A technical representative from the sealer manufacturer must be present during first application. The need for manufacturer’s representative may be waived if the contractor provides evidence and reference contacts for work involving at least 5 bridges treated with the same materials and procedures within the last two years. Contractor’s experience record does not relieve the Contractor from meeting the requirements of this specification and recommendations of the manufacturer. Prior to application of the sealant, hold a meeting with the manufacturer's representative, the Engineer, and the Contractor to discuss all necessary safety precautions and application considerations. The manufacturer’s representative must be available to answer all safety and installation questions. 7. MMA Deck Seal Application Do not apply sealer materials during wet weather conditions or if wet weather conditions are anticipated within twelve (12) hours of the completion of sealer application. Do not mix or apply any products at temperatures lower or higher than those specified in the product literature. Apply the sealant at the coolest time of day within these limitations. Application by spray methods shall not be permitted during windy conditions, if the Engineer predicts unsatisfactory results. Do not thin or alter the MMA crack sealer unless specifically allowed in the manufacturer's instructions. Mix the sealer before and during its use as recommended by the Manufacturer. Distribute the sealant as a flood coat in a gravity-fed process by broom, roller, or with a spray bar near the surface so the spray pattern and coverage rates are uniform to the satisfaction of the Engineer. Apply the sealant at a minimum rate of 90 ft2 / gal. Protect all expansion joints and prevent the crack sealant from contacting the strip seal glands. DIVISION 6: STRUCTURES CP2006 & CP2007 6-20 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Protect all striping and traffic markings from marring, sealant application and reduction in reflective properties. Replace any striping and traffic markings that are marred by sealant. Prior to completion of gel time of the flood seal (within 15 minutes) and before broadcasting abrasive sand, broom uncured sealant in the direction of tining or deck grooves to maintain deck texture for traction. Broadcast abrasive sand to refusal into uncured resin to create traction and absorb sealant that is not penetrating into cracks. Broadcast approved sand into the wet, uncured resin no sooner than 20 minutes after applying resin but within gel time of product. Apply approved sand at a minimum rate of 250 lbs. per 1000 square feet. Allow the sealant to dry according to the Manufacturer's instructions. Do not allow vehicular traffic onto the treated areas until the sealer has dried and the treated surfaces provide safe skid resistance and traction. Remove non-adhered sand from bridge deck and joints by power sweeping the deck and vacuuming the joints. Traffic or equipment shall be allowed on the sealed deck after the Engineer has determined: o The treated deck surface is tack-free and non-oily; o The sand cover adheres and resists brushing by hand; o Excess sand and absorbent material has been removed; and o No sealant material can be tracked by traffic beyond limits of treatment. 6-100.4 Measurement METHACRYLATE DECK SEALER will be measured to the nearest square foot of concrete area sealed as designated by the Engineer. 6-100.5 Payment Payment shall be for each of the following Bid items: The unit contract price per square foot for "METHACRYLATE DECK SEALER" shall include all costs of furnishing and applying the sealer to the bridge decks, as described above, including surface preparation, and all incidentals thereto. Cleanup of excess sand in joints and on bridge deck will not be paid for separately. Restoration of damaged or marred striping will be considered incidental to application requirements. The lump sum contract price for “METHACRYLATE DECK SEALER TEST SECTION” shall include all costs of furnishing and applying the sealer and broadcast sand to the test section as described above, including surface preparation, and all incidentals thereto. END OF DIVISION 6 DIVISION 7: DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS CP2006 & CP2007 7-1 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 7 DIVISION 7 Drainage Structures, Storm Sewers, Sanitary Sewers, Water Mains and Conduits No Revisions. END OF DIVISION 7 DIVISION 8: MISCELLANEOUS CONSTRUCTION CP2006 & CP2007 8-1 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 8 DIVISION 8 Miscellaneous Construction 8-09 Raised Pavement Markers 8-09.3 Construction Requirements (August 2016, City of Auburn GSP) Add the following new section: 8-09.3(8) Remove Raised Pavement Markings All raised pavement markings shall be removed before placing a new asphalt concrete pavement overlay. Removal of markers shall be conducted in a manner that prevents damage to existing pavement. Damage to the existing pavement caused by Contractor’s negligence shall be repaired by the Contractor at the Contractor’s expense. Repairs shall be to the satisfaction of the Engineer. 8-09.4 Measurement (April 2019, City of Auburn GSP) Raised Pavement Markers will be measured by the unit for each marker furnished and installed. 8-09.5 Payment (February 2020, City of Auburn GSP) Supplement this section with the following: Payment will be made in accordance with Section 1-04.1 (Intent of the Contract) for the following bid items: “Remove Raised Pavement Markers”, Per Each “Raised Pavement Markers”, Per Each (September 2016, City of Auburn GSP) References to payment for Raised Pavement Markers are revised to the following: The unit contract price per each for “Raised Pavement Markers Type __” shall be full pay for furnishing and installing the markers in accordance with these specifications including all cost involved with traffic control except for reimbursement for labor for traffic control in accordance with Section 1-10 (Temporary Traffic Control). The unit contract price per each for “Remove Raised Pavement Markers” shall be full pay to remove each pavement marker. DIVISION 8: MISCELLANEOUS CONSTRUCTION CP2006 & CP2007 8-2 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 8-23 Temporary Pavement Markings 8-23.3 Construction Requirements 8-23.3(4) Pavement Marking Application 8-23.3(4)A2 Temporary Pavement Marking Tape 8-23.4 Measurement (September 2021 City of Auburn GSP) Revise this section to read: Temporary Pavement Marking Tape shall be included in the lump sum bid item “Project Temporary Traffic Control.” It will not be measured on a unit basis. 8-23.5 Payment (September 2021 City of Auburn GSP) Revise this section to read: Temporary Pavement Marking Tape shall be included in the bid item “Project Temporary Traffic Control”, lump sum. This will include all work to apply and remove temporary marking tape. END OF DIVISION 8 DIVISION 9: MATERIALS CP2006 & CP2007 9-1 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation 9 Division 9 Materials 9-34 Pavement Marking Material 9-34.5 Temporary Pavement Marking Tape 9-34.5(1) Temporary Pavement Marking Tape – Short Duration (Removable) (September 2021 City of Auburn GSP) Revise this section to read: Temporary pavement marking tape for short duration (usage is for up to two months) shall conform to ASTM D4592 Type II except that black tape, black mask tape and the black portion of the contrast tape, shall be non-reflective. (February 2018, City of Auburn GSP) Supplement Division 9 with the following: 9-38 Submittal Approval 9-38.1 Submittals (February 2018, City of Auburn GSP) This section applies to all items that are required to be submitted to the Engineer for review, approval, and acceptance, including, but not limited to: · Non-Material Submittals (i.e haul routes, Traffic Control Plans (TCP’s), requests for substitution, breakdown of lump sum items, schedules, road closure requests, material product samples, color palettes or swatches, warranty documentation, Operations and Maintenance (O&M) manuals, Spill Prevention, Control, and Countermeasure (SPCC) Plan, Stormwater Pollution Prevention (SWPP) Plan, schedule of submittals, etc.); · Material Submittals (i.e. Request for Approval of Material (RAM) or Request for use of an item on the WSDOT Qualified Product List (QPL)); and · Material Acceptance Documentation (i.e. Certification of Material Origin (CMO), Manufacturer’s Certificate of Compliance (MCC), miscellaneous certificates of compliance, mill and test reports, Catalog Cuts, Shop Drawings, Visual Acceptance, Reduced Acceptance Criteria, Sampling and Testing, etc.). 9-38.1(1) Submittal Transmittal Procedures (November 2019, City of Auburn GSP) Except as specified otherwise in the Contract Documents, all submittals shall be made electronically and shall be transmitted via e-mail to PWSubmittals@auburnwa.gov. The e- mail subject line of electronic submittals shall include the following: CP2006 & CP2007 – 3rd Street SW and Lea Hill Bridge Deck Preservation - <<<Submittal Title>>>. Each electronic email shall be limited to 10 MB’s in size. All electronic submittals shall be clear, DIVISION 9: MATERIALS CP2006 & CP2007 9-2 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation sharp high contrast electronic files provided in Microsoft Word 2016, Microsoft Excel 2016, PDF, or other Engineer approved formats. In the event the Contractor cannot meet the 10 MB’s size limit for a specific submittal, the Contractor may request to submit the individual submittal to the City as a hardcopy. Such requests shall be made in writing and include an explanation of why the Contractor is requesting to make a hardcopy submittal(s). It will be at the Engineer’s sole discretion whether the request to submit hard copy submittals is approved and no additional compensation or time extension shall be granted in relation to the Engineer’s decision. Hardcopy submittals shall be either mailed to the City of Auburn Public Works Department at 25 West Main St, Auburn, WA 98001 or dropped off at the City of Auburn Customer Service Center located on the 2nd floor of the One East Main St, Auburn WA 98001 building. 9-38.1(2) Request for Submittal Approval (RSA) Form Instructions (February 2018, City of Auburn GSP) All submittals shall accompany a City of Auburn “Request for Submittal Approval” (RSA) form as a cover letter. The City provided RSA form is a writable Portable Document Format (PDF) form and shall remain writable until the City returns the signed reviewed submittal. Any submittals made without this form or without all of the required information on the form filled out by the Contractor shall be rejected without review. No additional compensation or time extension shall be granted for a Contractor not supplying this form as a cover letter for their submittals or for an improperly filled out form. The RSA form shall be completed by the Contractor as follows: 1. For any item being submitted to the City for review and approval for the first time, check the “New Submittal” box. The City will assign the item a submittal number. For items that have been previously submitted and require a re-submittal, check the “Re-submittal of No. ___” box and fill in the submittal number that was assigned by the City to the original submittal. For submittals that are providing Material Acceptance Documentation for a submittal that has been previously made, the Contractor shall check the “Material Acceptance Documentation for Submittal No.___” box and fill in the submittal number that was assigned by the City for which the Contractor is supplying the acceptance documentation for. 2. Fill in the Contract Number (I.E. ## - ##) and Contract/Project Name; 3. Fill in the Project Identifying Number (I.E. CP####); 4. Fill in the Date the Submittal was transmitted to the City; 5. Provide the Contractor’s name and, if applicable, the name of Subcontractor or supplier who prepared the submittal; 6. The Contractor is strongly encouraged to submit only one material or item per RSA form, however if more than one material or item is listed on the form then provide a General Submittal Title that is applicable to the group. If only one material or item is DIVISION 9: MATERIALS CP2006 & CP2007 9-3 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation submitted on the form then provide the same name described in bullet point number 8 for the General Submittal Title. · Do not group non-like materials or items on the same form. · Do not group multiple bid item numbers for the same material. In instances where a material is applicable to multiple bid item numbers, then list that material for as many times as there are bid item numbers (For instance, if Crushed Surfacing Top Course is the material being submitted on, and this material is applicable to bid item numbers 27 and 56, then this material shall be listed twice on the RSA form). 7. When applicable, provide the Bid Item number the submittal is referencing; 8. Provide a submittal description (be specific). For material submittals, provide the Type of Material, the Manufacturer’s Product/Type, or the trade name of the product; 9. When applicable, provide the Name and the Location of the Fabricator or the Manufacturer’s name or the Pit Number. This should be the actual manufacturer, not the supplier or distributor, 10. Provide the Contract Specification section number(s) or the page number the submittal material is referencing, or you can list the Plan Sheet number; and 11. For material submittals, indicate whether the submittal is requesting use of the WSDOT Qualified Product List (QPL) or if the submittal is a Request for Approval of Material (RAM) that is not in the QPL, by checking the appropriate box. For non- material submittals and for material acceptance documentation these boxes shall be left blank. If the Contractor elects to use a product listed in the QPL, the submittal documentation shall be prepared in accordance with the instructions in the WSDOT QPL program and shall be the most current list available at the time the product is proposed to be used. If the Contractor elects not to use the QPL or if the material is not listed in the QPL, then supporting documentation for the RAM shall be submitted for review and approval per Section 9-38.1(3) (Request for Approval of Material (RAM) Submittal Content). 9-38.1(3) Request For Approval Of Material (RAM) Submittal Content (February 2018, City of Auburn GSP) This Section covers content for Requests for Approval of Material (RAM). RAM submittals shall include the following, where applicable: 1. Each submittal shall include all of the items and materials required for a complete assembly, system or Specification Section. 2. Submittals shall contain all of the physical, technical and performance data required by the specifications or necessary to demonstrate conclusively that the items comply with the requirements of the Contract Documents. 3. Include information on characteristics of electrical or utility service required and verification that such requirements have been coordinated with service provided by the work and by other interconnected elements of the work. 4. Provide verification that the physical characteristics of items submitted, including size, configurations, clearances, mounting points, utility connection DIVISION 9: MATERIALS CP2006 & CP2007 9-4 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation points and service access points, are suitable for the space provided and are compatible with other interrelated items that are existing or have or will be submitted. 5. Label each Product Data submittal with the information required in this Section. Highlight or mark every page of all Product Data submittals to show the specific items being submitted and all options included or choices offered. 6. Label each Shop Drawing and Sample with the information required in this Section. Highlight or mark every page of every copy of all Product Data submittals to show the specific items being submitted and all options included or choices offered. 7. Additional requirements for submittals are contained in the Technical Specification sections. 8. Designation of work as Not in Contract (NIC) or “by others” shown on the Shop Drawings, shall mean that the work will be the responsibility of the Contractor rather than the subcontractor or supplier who has prepared the Shop Drawings. A separate letter explaining deviations shall accompany any submittal(s) that contain deviations from the requirements of the Contract Documents. The Contractor’s letter shall: 1. Cite the specific Contract requirement, including the Specification Section and paragraph number, for which approval of a deviation is sought. 2. Describe the proposed alternate material, item or construction and explain its advantages and/or disadvantages to the City. 3. State the reduction in Contract Price, if any, that is offered to the City. 9-38.1(4) Shop Drawings, Product Samples, and Operation and Maintenance Manuals (February 2018, City of Auburn GSP) This section covers Shop Drawings, Product Samples, Color Swatches, and Operation and Maintenance (O&M) Manuals that are required to be submitted in hard copy format for review and approval. 1. Shop Drawings: Submit 2 copies, 1 of which will be marked, stamped and returned to the Contractor. The Contractor is responsible for making and distributing the required number of additional copies of the City returned hardcopy submittals to its superintendent, subcontractors and suppliers. 2. Product Samples and Color Swatches/Palettes: Unless stated otherwise in each individual specification section referencing a product where a sample is requested, the Contractor shall submit 2 labeled product sample(s) or 2 set of manufacturers’ full range of colors and finishes as ordered by the Engineer and at no additional cost to the Contracting Agency. Product DIVISION 9: MATERIALS CP2006 & CP2007 9-5 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation samples or manufacturer color swatches/palettes will not be returned to the Contractor. 9-38.1(5) Engineer’s Submittal Review (November 2019, City of Auburn GSP) Submittals will be reviewed and approved by the Engineer per the following: · For all Non-Material Submittals, the Engineer will mark the RSA form with one of the ‘Submittal Approval Codes’ listed under column ‘A’ on the form. · For Material Submittals requesting the use of the QPL, the Engineer will mark the RSA form with the appropriate QPL approval code found on the QPL form. The QPL approval code is represented by a four digit number. · For Material Submittals requesting a RAM, the Engineer will mark the RSA form with one of the ‘Material Acceptance Codes’ listed under column ‘B’ on the form. If a RAM is submitted for a material that is found on the QPL, the Engineer may mark the RAM with the appropriate QPL code for that material. · For Material Acceptance Documentation, the Engineer will mark the RSA form with one of the ‘Submittal Approval Codes’ listed under column ‘A’ on the form. The Provisions of Section 1-06 (Control of Material) shall also apply to this section. The City will return an electronic signed copy of each reviewed submittal to the Contractor at the email address on record with the City. The Contractor is responsible for distributing the electronic copies or making the required number of hard copies of City returned submittals to its superintendent, subcontractors and suppliers. 9-38.1(6) Submittal Approval and Acceptance Codes (February 2018, City of Auburn GSP) This section covers the definitions of the ‘Submittal Approval’ codes and ‘Material Acceptance’ codes found on the RSA form. Submittal Approval Codes will indicate: 1. “NET” (NO EXCEPTIONS TAKEN) – The submittal is approved subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission. Does not constitute approval or deletion of specified or required items not shown in the partial submission. 2. “MCN” (MAKE CORRECTIONS NOTED (NO RESUBMISSION REQUIRED) – The submittals is approved subject to minor corrections that shall be made by the Contractor and subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission. Does not constitute approval or deletion of specified or required items not shown in the partial submission. No resubmission is required. 3. “AR” (AMEND AND RESUBMIT) – The submittal is rejected because of major inconsistencies or errors which shall be resolved or corrected by the DIVISION 9: MATERIALS CP2006 & CP2007 9-6 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Contractor prior to subsequent submittal. An amended resubmission is required. 4. “RR” (REJECTED – RESUBMIT) – The submittal does not conform to the Contract Plans and Specifications in major respect. A new submission is required. 5. “NR” (NOT REVIEWED) – The submitted information is not required on project and was not reviewed by the Engineer. The ‘Material Acceptance Code’ will indicate the required documentation for the material to be accepted for use on the project: Code 1. Acceptance based upon a “Satisfactory” Test Report for samples of materials to be incorporated into project for acceptance – Material is approved and requires certified testing for acceptance. Code 2. Submit a Manufacturer’s Certificate of Compliance (MCC) for “Acceptance” prior to use of material – Material is approved and requires a MCC for acceptance. Code 3. Submit Catalog Cuts for acceptance prior to use of material – Material is approved and requires a catalog cut(s) prior to acceptance. Code 4. Submit Shop Drawings for “Approval” prior to fabrication of material – Material requires approved shop drawing(s) for acceptance. Code 5. Only “Approved for Shipment,” “WSDOT Inspected,” or “Fabrication Approval decal” material shall be used. (Federal Projects Only)- Fabricated material that requires a WSDOT inspected stamp or marking for acceptance. Code 6. Submit a Certificate of Materials Origin (CMO). (Federal Projects Only)- Iron or steel material and requires a CMO for acceptance. Code 7. N/A – This code is not used for material acceptance. Code 8. Source Approved: - Material may be proprietary. Material requires a visual inspection upon arrival to the job site for acceptance. Code 9. Approval Withheld: Submit samples for preliminary evaluation. – Material approval is withheld pending review of product samples or manufacturer’s color palettes. Code 10. Approval Withheld: (See City remarks on the Form) Code 11. Miscellaneous Acceptance Criteria: - Material is approved and conditionally accepted as noted. Code 12. LAG – Approved Catalog Cut Documented with: □ Mfg. Cert. of Comp. □ Visual Inspection - Material is approved with a Catalog Cut and requires either a Manufacturer’s Certificate of Compliance or a Visual Inspection for acceptance. When a material is marked as approved, it does not necessarily constitute acceptance of the material for incorporation into the work. All of the additional acceptance actions, as noted on the RSA form or on the QPL must be completed prior to the material being accepted for use. DIVISION 9: MATERIALS CP2006 & CP2007 9-7 Special Provisions 3rd Street SW and Lea Hill Bridge Deck Preservation Change orders or force account work requires the same material approval and acceptance as any other bid item. 9-38.2 Schedule of Submittals (November 2020, City of Auburn GSP) The Contractor shall submit a preliminary Schedule of Submittals. The Schedule of Submittals shall include the intended dates for which each submittal required by the Contract Documents will be made. The Schedule of Submittals must be accepted prior to payment. Identify the items that will be included in each submittal by listing the item or group of items and the specification section and paragraph number under which they are specified. Indicate whether the submittal is required for product review of proposed equivalents, Shop Drawings, Product Data or Samples or required for product information only. It is the Contractors responsibility to anticipate and provide all submittals required for the project. The time required to evaluate and review requests for submittals is not the same for all submittals. The Contractor shall allow a minimum of 14 working days, unless otherwise noted, for the Engineer’s review. The Contractor shall also allow adequate time for manufacturer delivery at the construction site without causing delay to the work. All submittals shall be in accordance with the approved Schedule of Submittals. Submittals shall be made early enough to allow for unforeseen delays such as: 1. Failure to obtain favorable review because of inadequate or incomplete submittal or because the item submitted does not meet the requirements of the Contract Documents. 2. Delays in manufacture. 3. Delays in delivery. End Of Division 9 APPENDIX A LIST OF STANDARD DETAILS & STANDARD PLANS NOTE: The Standard Details and Standard Plans which are applicable to this project are herein provided for the Contractor’s convenience. Additional Standard Details and Standard Plans are available from the City upon request. APPENDIX “A” TABLE OF CONTENTS FOR STANDARD DETAILS AND PLANS NAME ............................................................................................................................... NUMBER DOUBLE CENTERLINE WITH RAISED PAVEMENT MARKERS .......................................... T-12.1 WSDOT STANDARD PLANS (INCLUDED BY REFERENCE ONLY) ............................................. BRIDGE PAVING JOINT SEALS .......................................................................................... A-40.20 LONGITUDINAL MARKING SUPPLEMENT WITH RAISED PAVEMENT MARKERS ........ M-20.30 SYMBOL MARKINGS – TRAFFIC ARROWS FOR LOW SPEED ROADWAYS ................. M-24.40 TRAFFIC LETTERS AND NUMBERALS APPLICATIONS .................................................. M-80.10 TRAFFIC LETTERS AND NUMBERALS (LOW SPEED ROADWAYS)............................... M-80.30 Subsequent APPENDIX B PREVAILING WAGE RATES NOTE: Wages including fringe benefits for each job classification shall be paid by the Contractor and all Subcontractors in accordance with the higher rate appearing in the Washington State or the Federal Wage Rates listed. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 1 of 14 ************************************************************************************************************ 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. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 2 of 14 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. 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. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 3 of 14 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. 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. M. This code appears to be missing. All hours worked on Saturdays, Sundays and holidays shall be paid at double 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. 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. 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. J. All hours worked between the hours of 10:00 pm and 5:00 am, Monday through Friday, and all hours worked on Saturdays shall be paid at a 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. K. 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 5 am to 6pm 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, and all hours worked in excess of twelve (12) hours in a single shift 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. When an employee returns to work without at least eight (8) hours time off since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until he/she shall have the eight (8) hours rest period. 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. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 4 of 14 Overtime Codes Continued 4. 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. 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 (1½) 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. 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. I. The First eight (8) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of eight (8) per day on Saturdays shall be paid at double the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 5 of 14 Overtime Codes Continued 4. J. The first eight (8) hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of eight (8) hours on a Saturday shall be paid at double the hourly rate of wage. All hours worked over twelve (12) in a day, and all hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. K. All hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage, so long as Saturday is the sixth consecutive day worked. All hours worked over twelve (12) in a day Monday through Saturday, and all hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. L. The first twelve (12) hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on a Saturday in excess of twelve (12) hours shall be paid at double the hourly rate of pay. All hours worked over twelve (12) in a day Monday through Friday, and all hours worked on Sundays shall be paid at double the hourly rate of wage. All hours worked on a holiday shall be paid at one and one-half times the hourly rate of wage, except that all hours worked on Labor Day shall be paid at double the hourly rate of pay. U. 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. (Except on makeup days if work is lost due to inclement weather, then the first eight (8) hours on Saturday may be paid the regular rate.) All hours worked over twelve (12) hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. V. Work performed in excess of ten (10) hours of straight time per day when four ten (10) hour shifts are established or outside the normal shift (5 am to 6pm), and all work on Saturdays, except for make-up days shall be paid at time and one-half (1 ½) the straight time rate. In the event the job is down due to weather conditions, 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 work performed on Sundays and holidays and work in excess of twelve (12) hours per day shall be paid at double (2x) the straight time rate of pay. 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. When an employee returns to work without a break of eight (8) hours since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. W. 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. When an employee returns to work without at least eight (8) hours time off since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 6 of 14 Overtime Codes Continued 4. X. 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. Work performed outside the normal shift of 6 am to 6pm shall be paid at one and one-half the straight time rate, (except for special shifts or three shift operations). All work performed on Sundays and holidays shall be paid at double the hourly rate of wage. Shifts may be established when considered necessary by the Employer. The Employer may establish shifts consisting of eight (8) or ten (10) hours of work (subject to WAC 296-127-022), that shall constitute a normal forty (40) hour work week. The Employer can change from a 5-eight to a 4-ten hour schedule or back to the other. All hours of work on these shifts shall be paid for at the straight time hourly rate. Work performed in excess of eight hours (or ten hours per day (subject to WAC 296-127-022) shall be paid at one and one- half the straight time rate. When due to conditions beyond the control of the Employer, or when contract specifications require that work can only be performed outside the regular day shift, then by mutual agreement a special shift may be worked at the straight time rate, eight (8) hours work for eight (8) hours pay. The starting time shall be arranged to fit such conditions of work. When an employee returns to work without at a break of eight (8) hours since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. Y. 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. 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. 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. Z. 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. Work performed on Sundays may be paid at double time. All hours worked on holidays shall be paid at double the hourly rate of wage. 11. 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 After an employee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. C 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. All non-overtime and non-holiday hours worked between 4:00 pm and 5:00 am, Monday through Friday, shall be paid at a premium rate of 15% over the hourly rate of wage. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 7 of 14 D. All hours worked on Saturdays and holidays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. E. The first two (2) hours after eight (8) regular hours Monday through Friday, the first ten (10) hours on Saturday, and the first ten (10) hours worked on Holidays shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, and Sundays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. 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 Saturday after Thanksgiving Day, And Christmas Day (8). H. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, And Christmas (6). I. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). 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). Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 8 of 14 Holiday Codes Continued 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). 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. G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Christmas Eve Day (11). H. Paid Holidays: New Year's Day, New Year’s Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (10). 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. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 9 of 14 Holiday Codes Continued 7. F. Holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I. Holidays: New Year's Day, President’s Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 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. 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. V. Holidays: New Year's Day, President’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, the day before or after Christmas, and the day before or after New Year’s Day. If any of the above listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 10 of 14 Holiday Codes Continued 7. W. Holidays: New Year's Day, Day After New Year’s, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Eve Day, Christmas Day, the day after Christmas, the day before New Year’s Day, and a Floating Holiday. X. 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 the day before or after Christmas day. If a holiday falls on a Saturday or on a Friday that is the normal day off, then the holiday will be taken on the last normal workday. If the holiday falls on a Monday that is the normal day off or on a Sunday, then the holiday will be taken on the next normal workday. Y. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day. (8) If the holiday falls on a Sunday, then the day observed by the federal government shall be considered a holiday and compensated accordingly. G. New Year's Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, the last scheduled workday before Christmas, and Christmas Day (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. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I. Holidays: New Year's Day, President’s Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 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. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 11 of 14 Holiday Codes Continued 7. 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. 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. V. Holidays: New Year's Day, President’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, the day before or after Christmas, and the day before or after New Year’s Day. If any of the above listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. W. Holidays: New Year's Day, Day After New Year’s, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Eve Day, Christmas Day, the day after Christmas, the day before New Year’s Day, and a Floating Holiday. X. 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 the day before or after Christmas day. If a holiday falls on a Saturday or on a Friday that is the normal day off, then the holiday will be taken on the last normal workday. If the holiday falls on a Monday that is the normal day off or on a Sunday, then the holiday will be taken on the next normal workday. Y. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day. (8) If the holiday falls on a Sunday, then the day observed by the federal government shall be considered a holiday and compensated accordingly. 15. G. New Year's Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, the last scheduled workday before Christmas, and Christmas Day (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. H. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, and Christmas Day (8). When the following holidays fall on a Saturday (New Year’s Day, Independence Day, and Christmas Day) the preceding Friday will be considered as the holiday; should they fall on a Sunday, the following Monday shall be considered as the holiday. I. Holidays: New Year's Day, President’s Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, the last regular workday before Christmas (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 12 of 14 Note Codes 8. 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. S. Effective August 31, 2012 – A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. T. Effective August 31, 2012 – A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. U. Workers on hazmat projects receive additional hourly premiums as follows – Class A Suit: $2.00, Class B Suit: $1.50, And Class C Suit: $1.00. Workers performing underground work receive an additional $0.40 per hour for any and all work performed underground, including operating, servicing and repairing of equipment. The premium for underground work shall be paid for the entire shift worked. Workers who work suspended by a rope or cable receive an additional $0.50 per hour. The premium for work suspended shall be paid for the entire shift worked. Workers who do “pioneer” work (break open a cut, build road, etc.) more than one hundred fifty (150) feet above grade elevation receive an additional $0.50 per hour. V. In addition to the hourly wage and fringe benefits, the following depth and enclosure premiums shall be paid. The premiums are to be calculated for the maximum depth and distance into an enclosure that a diver reaches in a day. The premiums are to be paid one time for the day and are not used in calculating overtime pay. 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 101' to 150' - $3.00 per foot for each foot over 101 feet. Over 151' to 220' - $4.00 per foot for each foot over 220 feet. Over 221' - $5.00 per foot for each foot over 221 feet. Enclosure premiums apply when divers enter enclosures (such as pipes or tunnels) where there is no vertical ascent and is measured by the distance travelled from the entrance. 25’ to 300’ - $1.00 per foot from entrance. 300’ to 600’ - $1.50 per foot beginning at 300’. Over 600’ - $2.00 per foot beginning at 600’. W. Meter Installers work on single phase 120/240V self-contained residential meters. The Lineman/Groundmen rates would apply to meters not fitting this description. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 13 of 14 Note Codes Continued 8. X. 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. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner (not acting as the contractor), a government agency or the contract specifications requires that work can only be performed outside the normal 5 am to 6pm shift, then the special shift premium will be applied to the basic hourly rate. When an employee works on a special shift, they shall be paid a special shift premium for each hour worked unless they are in OT or Double-time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employees working on a swinging state or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. Z. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner (not acting as a contractor), a government agency or the contract specifications require that more than (4) hours of a special shift can only be performed outside the normal 6 am to 6pm shift, then the special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a special shift, they will be paid a special shift premium for each hour worked unless they are in overtime or double- time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) 9. A. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner (not acting as the contractor), a government agency or the contract specifications require that more than four (4) hours of a special shift can only be performed outside the normal 6 am to 6pm shift, then the special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a special shift, they shall be paid a special shift premium for each hour worked unless they are in overtime or double- time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) Certified Crane Operator Premium: Crane operators requiring certifications shall be paid $0.50 per hour above their classification rate. Boom Pay Premium: All cranes including tower shall be paid as follows based on boom length: (A) – 130’ to 199’ – $0.50 per hour over their classification rate. (B) – 200’ to 299’ – $0.80 per hour over their classification rate. (C) – 300’ and over – $1.00 per hour over their classification rate. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 14 of 14 Note Codes Continued 9. B. 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. Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employees working on a swinging stage or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. C. Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employees working on a swinging stage or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. 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. D. Industrial Painter wages are required for painting within industrial facilities such as treatment plants, pipelines, towers, dams, bridges, power generation facilities and manufacturing facilities such as chemical plants, etc., or anywhere abrasive blasting is necessary to prepare surfaces, or hazardous materials encapsulation is required. E. Heavy Construction includes construction, repair, alteration or additions to the production, fabrication or manufacturing portions of industrial or manufacturing plants, hydroelectric or nuclear power plants and atomic reactor construction. 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. F. Industrial Painter wages are required for painting within industrial facilities such as treatment plants, pipelines, towers, dams, power generation facilities and manufacturing facilities such as chemical plants, etc., or anywhere abrasive blasting is necessary to prepare surfaces, or hazardous materials encapsulation is required. APPENDIX C 1. FEDERAL REQUIREMENTS 2. REQUIRED CONTRACT PROVISIONS Federal Aid Construction Contracts 3. Title VI Assurances FEDERAL REQUIREMENTS Any recipient of Federal grant funds shall include the following contract provisions or conditions in all construction contracts and subcontracts as required by the provisions, Federal law or the grantor agency. 1. Breach of Contract: The conditions for contracts, other than small purchases, shall contain provisions or conditions which allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. Legal procedures to follow for Breach of Contract are described in the Standard Specifications, Section 1-08.10 Termination of Contract. 2. Termination/Suspension of Contract: All contracts in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the bases for settlement. In addition, such contracts shall described conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Legal procedures to follow for “Termination /Suspension of Contract” are described in the Standard Specifications, Section 1-08.10 Termination of Contract. 3. Equal Employment Opportunity: All contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees shall contain a provision requiring compliance with Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). 4. Copeland “Anti-Kickback Act”: All contracts and subgrants for construction or repair shall include a provision for compliance with the Copeland ‘Anti-Kickback” Act (18 USC 874) as supplemented in Department of labor regulations (29 CFR, part 3). This Act provides that each contractor or subgrantee shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. 5. Davis-Bacon Wages: Contractor agrees to comply with the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by Department of Labor regulations (29 CFR, Part 5). Under this Act contractors shall pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. See Appendix B. 6. Hours and Safety Standards Act: All contracts awarded by grantees and subgrantees in excess of $2,000 for construction contracts and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Sections 103 and 107 of the contract work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of labor regulations (29 CFR, Part 5). Under Section 103 of the Act. Each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday or workweek of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 7. Patent Rights: The Contractor shall assume all costs arising from the use of patented devices, materials, or processes used on or incorporated in the work, and agrees to indemnify, defend, and save harmless the grantor agency, Owner and its agent and employees from all actions of any nature for, or on account of the use of any patented devices, materials, or processes. 8. Access to Contract Records: All negotiated contracts (except those awarded by small purchase procedures) awarded by grantees shall include a provision to the effect that the grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcriptions. Contract shall maintain all records for three (3) years after the Owner and their grantees make final payments and all other pending matters are closed. 9. Prevention of Environmental Pollution and Preservation of Public Natural Resources: Contracts, subcontracts, and subgrants of amounts in excess of $100,00 shall contain a provision which requires compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15), which prohibit the use of firms and facilities included on the EPA List of Violating Facilities. These regulations are referred to in the Standard Specifications, Section 1-07.1 Laws to be Observed. 10. Energy Policy and Conservation Act: Contracts shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). 1 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS FHWA-1273 -- Revised May 1, 2012 I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with 2 the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this 3 contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. 4 a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. 5 b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 6 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. 7 III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and 8 mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 9 c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 10 b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, 11 after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and 12 individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal- aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 13 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual 14 was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and 15 (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 16 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 17 By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or 18 general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 19 (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or 20 voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * * 21 XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 22 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Amendment to Form FHWA 1273 Revised January 25, 2016 AMENDMENT REQUIRED CONTRACT PROVISIONS (Exclusive of Appalachian Contracts) FEDERAL-AID CONSTRUCTION CONTRACTS The Federal–Aid provisions are supplemented with the following: XII. Cargo Preference Act 1. U.S. Department of Transportation Federal Highway Administration memorandum dated December 11, 2015 requires that all federal-aid highway programs awarded after February 15, 2016 must comply with the Cargo Preference Act and its regulation of 46 CFR 381.7 (a)-(b). APPENDIX D DEPARTMENT OF NATURAL RESOURCES RIGHT OF ENTRY AGREEMENT Aquatic Lands Right of Entry Page 1 of 18 Right of Entry No. 23-102449 AQUATIC LANDS RIGHT OF ENTRY Right of Entry No. 23-102449 THIS RIGHT OF ENTRY is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources (“State”), and the CITY OF AUBURN, a municipal corporation. THE Parties agree as follows: SECTION 1 GRANT OF PERMISSION 1.1 Permission. Subject to the terms and conditions set forth below, State grants Licensee a revocable, nonexclusive license to enter upon the real property described in Exhibit A (the “Property”). In this agreement, the term “Right of Entry” means this agreement and the rights granted. By issuance of this Right of Entry, State is conferring the privilege of use of the Property, and State expressly retains exclusive possession of the Property. 1.2 Other Interests and Rights. This Right of Entry is subject to all valid interests of third parties noted in the records of King County, or on file in the Office of the Commissioner of Public Lands, Olympia, Washington. Licensee is responsible for obtaining approvals from other persons, if any, who have an interest in the Property. This Right of Entry is subject to the rights of the public under the Public Trust Doctrine or federal navigation servitude, and treaty rights of Indian Tribes. 1.3 Condition of Property. Licensee has inspected the Property and accepts it in its present condition. State has no obligation to make any repairs, additions, or improvements to the Property. State makes no representation regarding the condition of the Property or the suitability of the Property for Licensee’s intended use. State expressly disclaims any warranty that the Property is suitable for Licensee’s intended use. DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 2 of 18 Right of Entry No. 23-102449 SECTION 2 USE 2.1 Authorized Activities. Licensee shall enter the Property only for the purpose of conducting the activities described in Exhibit B (the “Activities”) and for no other purpose. Exhibit B also includes details about the Property. Licensee shall not conduct any other activities on the Property without the prior written permission of State. 2.2 Restrictions on Activities. The following limitations and requirements apply to the Property and adjacent state-owned aquatic lands. Licensee’s compliance with the following does not limit Licensee’s liability under any other provision of this Right of Entry. Exhibit B also includes additional obligations and requirements on Licensee. (a) Licensee shall not cause or permit: (1) Damage to land or natural resources; (2) Waste; or (3) Deposit of material, unless approved by State in writing. This prohibition includes deposit of fill, rock, earth, ballast, wood waste, refuse, garbage, waste matter, pollutants of any type, or other matter. (b) Licensee shall immediately notify State if Licensee breaches any of the requirements of Paragraph 2.2 or Exhibit B. (c) Licensee shall, at Licensee’s sole expense, be responsible for promptly remedying any damages caused by Licensee, the Activities, or Licensee’s failure to comply with the requirements of Paragraph 2.2 or Exhibit B, except to the extent expressly permitted in Exhibit B. Licensee shall remedy any damages in accordance with a plan approved by State. Nothing in this paragraph shall prevent State from taking steps to remedy any damages caused by Licensee, the Activities, or Licensee’s failure to comply with the requirements of Paragraph 2.2 or Exhibit B. If State takes such remedial actions, upon demand by State, Licensee shall pay all remedial costs, restoration costs, and natural resources damages. 2.3 Conformance with Laws. Licensee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its Activities on the Property. 2.4 Interference with Other Uses. (a) Licensee shall conduct the Activities authorized in this Right of Entry in a manner that minimizes or avoids interference with the rights of State, the public, or others with valid right to use or occupy the Property or surrounding lands and water. (b) Licensee and its agents, contractors, and subcontractors shall provide State with at least two (2) weeks’ notice before commencing any Activities. Licensee shall promptly notify State of any modifications in the schedule. DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 3 of 18 Right of Entry No. 23-102449 2.5 Licensee’s Contractors. Acts or omissions of Licensee’s contractors operating under this Right of Entry shall be deemed an act of the Licensee. Restrictions and/or requirements placed on the Licensee herein shall apply equally to Licensee’s contractors. SECTION 3 TERM 3.1 Term Defined. This Right of Entry commences on the First day of August, 2021 (“Commencement Date”), and terminates on the 31st day of July, 2023 (“Termination Date”), unless terminated sooner under the terms of this Right of Entry. 3.2 End of Term. Upon termination of this Right of Entry and except as otherwise provided in Exhibit B, Licensee shall restore the Property to a condition substantially like its natural state before Licensee’s Activities. Licensee’s restoration shall be in accordance with a plan approved by State. 3.3 Disposition of Personal Property. (a) “Personal Property” means items that can be removed from the Property without (1) injury to the Property, adjacent state-owned aquatic lands, or Improvements, or (2) diminishing the value or utility of the Property, adjacent state-owned aquatic lands, or Improvements. (b) Licensee retains ownership of Personal Property unless Licensee and State agree otherwise in writing. (c) Licensee shall remove Personal Property from the Property by the termination of this Right of Entry. Licensee is liable for damage to the Property and Improvements resulting from removal of Personal Property. (d) State may sell or dispose of all Personal Property left on the Property after the termination of this Right of Entry. (1) If State conducts a sale of Personal Property, State shall first apply proceeds to State’s costs of removing the Personal Property, State’s costs in conducting the sale, and any other payment due from Licensee to State. State shall pay the remainder, if any, to the Licensee. Licensee shall be liable for any costs of removing the Personal Property and any costs of conducting the sale that exceed the proceeds received by State. (2) If State disposes of Personal Property, Licensee shall pay for the cost of removal and disposal. SECTION 4 FEE Licensee shall pay to State a fee in the amount of Fifteen Hundred Dollars ($1,500), which is due and payable on or before the Commencement Date. DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 4 of 18 Right of Entry No. 23-102449 SECTION 5 ENVIRONMENTAL LIABILITY 5.1 Definitions. (a) “Hazardous Substance” means any substance that now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination, pollution, or cleanup, including oil and petroleum products. (b) “Release or threatened release of Hazardous Substance” means a release or threatened release as defined under any law described in Paragraph 5.1(a). (c) “Utmost care” means such a degree of care as would be exercised b y a very careful, prudent, and competent person under the same or similar circumstances; the standard of care applicable under the Washington State Model Toxics Control Act (“MTCA”), Chapter 70A.305 RCW. (d) “Licensee and affiliates” when used in this Section 5 means Licensee or Licensee’s contractors, agents, employees, guests, invitees, licensees, affiliates, or any person on the Property with the Licensee’s permission. (e) “Liabilities” as used in this Section 5 means any claims, demands, proceedings, lawsuits, damages, costs, expenses, fees (including attorneys’ fees and disbursements), penalties, or judgments. 5.2 General Conditions. (a) Licensee’s obligations under this Section 5 extend to the area in, on, under, or above: (1) The Property; and (2) Adjacent state-owned aquatic lands if affected by a release of Hazardous Substances that occurs as a result of the Permitted Use. (b) Standard of Care. (1) Licensee shall exercise the utmost care with respect to Hazardous Substances. (2) Licensee shall exercise utmost care for the foreseeable acts or omissions of third parties with respect to Hazardous Substances, and the foreseeable consequences of those acts or omissions, to the extent required to establish a viable, third-party defense under the law. 5.3 Current Conditions and Duty to Investigate. State makes no representation about the condition of the Property or adjacent state-owned aquatic lands. Hazardous Substances may exist in, on, under, or above the Property. 5.4 Use of Hazardous Substances. (a) Licensee and its affiliates shall not use, store, generate, process, transport, handle, release, or dispose of Hazardous Substances, except in accordance with all applicable laws. DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 5 of 18 Right of Entry No. 23-102449 (b) Licensee shall not undertake, or allow others to undertake by Licensee’s permission, acquiescence, or failure to act, activities that: (1) Result in a release or threatened release of Hazardous Substances; or (2) Cause, contribute to, or exacerbate an y contamination exceeding regulatory cleanup standards whether the regulatory authority requires cleanup before, during, or after Licensee’s activities on the Property. 5.5 Management of Contamination, if any. (a) Licensee and affiliates shall not undertake activities that: (1) Damage or interfere with the operation of remedial or restoration activities, if any; (2) Result in human or environmental exposure to contaminated sediments, if any; (3) Result in the mechanical or chemical disturbance of on-site habitat mitigation, if any. 5.6 In the Event of a Release or Threatened Release. (a) Licensee shall immediately notify State if the Licensee becomes aware of any release or threatened release of Hazardous Substance; any new discovery of or new information about a problem or liability related to, or derived from, the presence of Hazardous Substances; or any actual or alleged violation of any federal, state, or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances. Licensee’s duty to report under this Paragraph extends to lands described in Paragraph 5.2(a) and to any other property used by Licensee in conjunction with the Property if a release of Hazardous Substances on the other property could affect the Property. (b) If a Licensee’s act or omission results in a release of Hazardous Substances, Licensee, at its sole expense, shall promptly take all actions necessary or advisable to clean up, contain, and remove the Hazardous Substances in accordance with applicable laws. (c) If Licensee submits any documents concerning environmental impacts or proposals relative to the Property to any federal, state, or local authorities, Licensee shall submit a copy of such documents to State. Documents subject to this requirement include, but are not limited to, applications, reports, studies, or audits for National Pollutant Discharge Elimination System permits; U.S. Army Corps of Engineers permits; State Hydraulic Project Approvals (HPA); State Water Quality Certifications; Shoreline Substantial Development permits; and any reporting necessary for the existence, location, and storage of Hazardous Substances on the Property. 5.7 Indemnification. (a) Licensee shall indemnify, defend, and hold harmless State from and against Liabilities that arise out of, or relate to: DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 6 of 18 Right of Entry No. 23-102449 (1) The use, storage, generation, processing, transportation, handling, or disposal of any Hazardous Substance by Licensee and affiliates occurring during the term of this Right of Entry or whenever Licensee uses or has used the Property; (2) The release or threatened release of any Hazardous Substance resulting from any act or omission of Licensee and affiliates occurring during the term of this Right of Entry or whenever Licensee uses or has used the Property. (b) Licensee shall fully indemnify, defend, and hold harmless State for Liabilities that arise out of or relate to Licensee’s breach of obligations under Paragraph 5.4. (c) If Licensee fails to exercise care as described in Paragraph 5.2, to the extent permitted by law, Licensee shall fully indemnify, defend, and hold harmless State from and against Liabilities arising from the acts or omissions of third parties in relation to the release or threatened release of Hazardous Substances. 5.8 Reservation of Rights. (a) For Liabilities not covered by the indemnification provisions of Paragraph 5.7, the Parties expressly reserve and do not waive any rights, claims, immunities, causes of action, or defenses relating to Hazardous Substances that either Party may have against the other under law. (b) The Parties expressly reserve all rights, claims, immunities, and defenses that either Party may have against third parties. Nothing in this Section 5 benefits or creates rights for third parties. (c) The allocations of risks, Liabilities, and responsibilities set forth in this Section 5 do not release either Party from or affect the liability of either Party for Hazardous Substances claims or actions by regulatory agencies. SECTION 6 NO ASSIGNMENT Licensee shall not transfer or assign this Right of Entry. SECTION 7 INDEMNITY AND INSURANCE 7.1 Indemnity. (a) Licensee shall indemnify, defend, and hold harmless State, its employees, officials, officers, and agents from any Claim arising out of the Activities, out of activities related to the Activities, or out of the use of the Property by Licensee, its contractors, agents, invitees, guests, employees, or affiliates to the fullest extent permitted by law and subject to the limitations provided below. (b) “Claim” as used in this Paragraph 7.1 means any financial loss, claim, suit, action, damages, expenses, costs, fees (including attorneys’ fees), fines, penalties, or judgments attributable to bodily injury, sickness, disease, death, and damages to DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 7 of 18 Right of Entry No. 23-102449 tangible property, including, but not limited to, land, aquatic life, and other natural resources. “Damages to tangible property” includes, but is not limited to, physical injury to the Property, diminution of value, and/or damages resulting from loss of use of the Property. (c) State shall not require Licensee to indemnify, defend, and hold harmless State its employees, officials, officers, or agents for a Claim caused solely by or resulting solely from the negligence or willful act of State or State’s employees, officials, officers, or agents. (d) Licensee specifically and expressly waives any immunity that may be granted under the Washington State Industrial Insurance Act, Title 51 RCW in connection with its obligation to indemnify, defend, and hold harmless State and its employees, officials, officers, or agents. Further, Licensee’s obligation under this Right of Entry to indemnify, defend, and hold harmless State, its employees, officials, officers, and agents shall not be limited in any way by any limitation on amount or type of damages, compensation, or benefits payable to or for any third party under the worker’s compensation acts. (e) Only to the extent RCW 4.24.115 applies and requires such a limitation, if a Claim is caused by or results from the concurrent negligence of (a) State or State’s employees, officials, officers, or agents, and (b) the Licensee or Licensee’s contractors, agents, invitees, guests, employees or affiliates, these indemnity provisions shall be valid and enforceable only to the extent of the negligence of the Licensee and those acting on its behalf. (f) Section 5, Environmental Liability, shall exclusively govern Licensee’s liability to State for Hazardous Substances and its obligation to indemnify, defend, and hold harmless State for Hazardous Substances. 7.2 Insurance Terms. (a) Insurance Required. (1) Licensee certifies that on the Commencement Date of this Right of Entry it is a member of a self-insured risk pool for all the liability exposures, its self-insurance plan satisfies all State requirements, and its self-insurance plan provides coverage equal to that required in this Paragraph 7.2 and by Paragraph 7.3, Insurance Types and Limits. Licensee shall provide to State evidence of its status as a member of a self-insured risk pool. Upon request by State, Licensee shall provide a written description of its financial condition and/or the self-insured funding mechanism. Licensee shall provide State with at least thirty (30) days’ written notice prior to any material changes to Licensee’s self-insured funding mechanism. If during the term of this Right of Entry Licensee’s self-insurance plan fails to provide coverage equal to that required in Paragraph 7.2 and Paragraph 7.3 of this Right of Entry, Licensee shall procure additional commercial insurance coverage to meet the requirements of this Right of Entry. The requirements in Section 7.2(a)(3) only apply where the Licensee procures DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 8 of 18 Right of Entry No. 23-102449 additional commercial insurance to meet the requirements of this Right of Entry. (2) Unless State agrees to an exception, Licensee shall provide insurance issued by an insurance company or companies admitted to do business in the State of Washington and have a rating of A- or better by the most recently published edition of A.M. Best’s Insurance Reports. Licensee may submit a request to the risk manager for the Department of Natural Resources to approve an exception, in writing, to this requirement. If an insurer is not admitted, the insurance policies and procedures for issuing the insurance policies shall comply with Chapter 48.15 RCW and 284-15 WAC. (3) All general liability, excess, and umbrella liability insurance policies must name the State of Washington, the Department of Natural Resources, its elected and appointed officials, officers, agents, and employees as an additional insured by way of endorsement. (4) All insurance provided in compliance with this Right of Entry must be primary as to any other insurance or self-insurance programs afforded to or maintained by State. (b) Waiver. (1) Licensee waives all rights against State for recovery of damages to the extent insurance maintained pursuant to this Right of Entry covers these damages. (2) Except as prohibited by law, Licensee waives all rights of subrogation against State for recovery of damages to the extent that they are covered by insurance maintained pursuant to this Right of Entry. (c) Proof of Insurance. (1) Licensee shall provide State with a certificate(s) and endorsement(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with insurance requirements specified in this Right of Entry; and, if requested, copies of policies to State. (2) The certificate(s) of insurance must reference additional insureds and the Right of Entry number. (3) Receipt of such certificates, endorsements, or policies by State does not constitute approval by State of the terms of such policies. (d) State must receive written notice before cancellation or non-renewal of any insurance required by this Right of Entry, as follows: (1) Insurers subject to RCW 48.18 (admitted and regulated by the Insurance Commissioner): If cancellation is due to non-payment of premium, provide State ten (10) days’ advance notice of cancellation; otherwise, provide State forty-five (45) days’ advance notice of cancellation or non- renewal. DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 9 of 18 Right of Entry No. 23-102449 (2) Insurers subject to RCW 48.15 (surplus lines): If cancellation is due to non-payment of premium, provide State ten (10) days’ advance notice of cancellation; otherwise, provide State twenty (20) days’ advance notice of cancellation or non-renewal. (e) Adjustments in Insurance Coverage. (1) State may impose changes in the limits of liability for all types of insurance as State deems necessary. (2) Licensee shall secure new or modified insurance coverage within thirty (30) days after State requires changes in the limits of liability. (f) General Terms. (1) State does not represent that coverage and limits required under this Right of Entry are adequate to protect Licensee. (2) Coverage and limits do not limit Licensee’s liability for indemnification and reimbursements granted to State under this Right of Entry. (3) The Parties shall use any insurance proceeds payable by reason of damage or destruction to property first to restore the real property covered by this Right of Entry, then to pay the cost of the reconstruction, then to pay State any sums in arrears, and then to Licensee. 7.3 Insurance Types and Limits. (a) General Liability Insurance. (1) Licensee shall maintain commercial general liability insurance (CGL) or marine general liability (MGL) covering claims for bodily injury, personal injury, or property damage arising on the Property and/or arising out of Licensee’s use, occupation, or control of the Property and, if necessary, commercial umbrella insurance with a limit of not less than One Million Dollars ($1,000,000) per each occurrence. If such CGL or MGL insurance contains aggregate limits, the general aggregate limit must be at least twice the “each occurrence” limit. CGL or MGL insurance must have products-completed operations aggregate limit of at least two times the “each occurrence” limit. (2) CGL insurance must be written on Insurance Services Office (ISO) Occurrence Form CG 00 01 (or a substitute form providing equivalent coverage). All insurance must cover liability arising out of premises, operations, independent contractors, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another party assumed in a business contract) and contain separation of insured (cross-liability) condition. (3) MGL insurance must have no exclusions for non-owned watercraft. (b) Workers’ Compensation. (1) State of Washington Workers’ Compensation. (i) Licensee shall comply with all State of Washington workers’ compensation statutes and regulations. Licensee shall provide DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 10 of 18 Right of Entry No. 23-102449 workers’ compensation coverage for all employees of Licensee. Coverage must include bodily injury (including death) by accident or disease, which arises out of or in connection with Licensee’s use, occupation, and control of the Property. (ii) If Licensee fails to comply with all State of Washington workers’ compensation statutes and regulations, and State incurs fines or is required by law to provide benefits to or obtain coverage for such employees, Licensee shall indemnify State. Indemnity shall include all fines; payment of benefits to Licensee, employees, or their heirs or legal representatives; and the cost of effecting coverage on behalf of such employees. (2) Longshore and Harbor Worker’s Act. The Longshore and Harbor Worker’s Compensation Act (33 U.S.C. Section 901 et seq.) may require Licensee to provide insurance coverage for longshore and harbor workers other than seaman. Licensee shall ascertain if such insurance is required and, if required, shall maintain insurance in compliance with this Act. Licensee is responsible for all civil and criminal liability arising from failure to maintain such coverage. (3) Jones Act. The Jones Act (46 U.S.C. Section 688) may require Licensee to provide insurance coverage for seamen injured during employment resulting from negligence of the owner, master, or fellow crew members. Licensee shall ascertain if such insurance is required and, if required, shall maintain insurance in compliance with this Act. Licensee is responsible for all civil and criminal liability arising from failure to maintain such coverage. (c) Employer’s Liability Insurance. Licensee shall procure employer’s liability insurance, and, if necessary, commercial umbrella liability insurance with limits not less than One Million Dollars ($1,000,000) Dollars per each accident for bodily injury by accident or One Million Dollars ($1,000,000) per each employee for bodily injury by disease. SECTION 8 TERMINATION 8.1 Termination by Revocation. State may terminate this Right of Entry at any time upon thirty (30) days’ notice to the Licensee. If State revokes this Right of Entry before the Termination Date, State shall refund to Licensee the pro rata share of any fees paid by Licensee that are attributable to the unexpired term of the Right of Entry. 8.2 Termination by Completion of Activities. If Licensee completes Activities and restoration of the Property prior to the Termination Date, this Right of Entry terminates upon Licensee’s completion of all Activities and the restoration of the Property under Paragraph 3.2. DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 11 of 18 Right of Entry No. 23-102449 8.3 Termination Resulting from Breach. If Licensee breaches any terms of this Right of Entry, State may terminate this Right of Entry immediately upon notice to Licensee. SECTION 9 NOTICE Following are the locations for delivery of notice and the Contact Person. Any Party may change the location of notice and/or the Contact Person upon reasonable notice to the other. State: Department of Natural Resources 950 Farman Ave North Enumclaw, WA 98022 aquaticleasing.shoreline@dnr.wa.gov Licensee: City of Auburn, Public Works Nancy Backus, Mayor 25 West Main Street Auburn, Washington 98001 (253) 931- 3041 nbackus@auburnwa.gov SECTION 10 MISCELLANEOUS 10.1 Headings. The headings used in this Right of Entry are for convenience only and in no way define, limit, or extend the scope of this Right of Entry or the intent of any provision. 10.2 Invalidity. The invalidity, voidness, or illegality of any provision of this Right of Entry does not affect, impair, or invalidate any other provision of this Right of Entry. 10.3 Applicable Law and Venue. This Right of Entry is to be interpreted and construed in accordance with the laws of the State of Washington. Venue for any action arising out of or in connection with this Right of Entry is in the Superior Court for Thurston County, Washington. 10.4 Statutory Reference. Any reference to a statute or rule means that statute or rule as presently enacted or hereafter amended or superseded. 10.5 Modification. No modification of this Right of Entry is effective unless in writing and signed by the Parties. Oral representations or statements do not bind either Party. 10.6 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Right of Entry. DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 12 of 18 Right of Entry No. 23-102449 10.7 Survival. Any obligations of Licensee not fully performed upon termination of this Right of Entry do not cease, but continue as obligations of the Licensee until fully performed. 10.8 Exhibits and Attachments. All referenced exhibits and attachments are incorporated in this Right of Entry unless expressly identified as unincorporated. THIS AGREEMENT requires the signature of all Parties and is effective on the date of the last signature below. CITY OF AUBURN Dated: _______________, 20______ __________________________________ By: Kendra Comeau Title: City Attorney Address: 25 West Main Street Auburn, Washington 98001 Phone: (253) 259-0535 Dated: _______________, 20______ __________________________________ By: Nancy Backus Title: Mayor Address: 25 West Main Street Auburn, Washington 98001 Phone: (253) 931- 3041 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: _______________, 20______ __________________________________ By: Thomas A. Gorman Title: Interim Aquatic Resources Division Manager Address: 950 Farman Ave North Enumclaw, WA 98022 Approved as to form this 28th day of June 2021 Jennifer Clements, Assistant Attorney General DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 9/16/2021 9/23/2021 9/23/2021 Aquatic Lands Right of Entry Page 13 of 18 Right of Entry No. 23-102449 EXHIBIT A PROPERTY DESCRIPTION Agreement Number: 23-102449 DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 14 of 18 Right of Entry No. 23-102449 EXHIBIT B 1. DESCRIPTION OF ACTIVITIES A. Existing Conditions. The Lea Hill Bridge (8th Street NE Bridge) spans bedlands and first class shorelands of the Green River located in King County. The associated riparian buffer includes an overstory of alder (Alnus rubra), cottonwood (Populus trichocarpa), an herbaceous layer of reed canary grass (Phlaris arundinacea), and himlayan blackberry (Rubus armeniacus). The following species and habitats, as identified by the Washington Department of Fish and Wildlife’s Priority Habitats and Species List (PHS), are in the immediate vicinity of the project: Chum, Dolly Varden/Bull Trout, Coho, Chinook, Steelhead Resident Coastal Cutthroat, Pink Salmon (Odd Year), Sockeye, and Rainbow Trout. B. Activities. Licensee will perform repairs and resurface the deck of the Lea Hill Bridge (8th Street NE) by milling (also called grinding or cold planing) and then installing a thin concrete overlay. There are no anticipated impacts due to no in- water work being proposed. The work will be entirely contained on the existing bridge surface. These Activities are shown in Attachment 1 to this Exhibit B. Subject to the conditions in this Right of Entry, State grants its consent to these Activities. C. Permits. Licensee has secured the following permits for the Activities:  SEPA Exemption, City of Auburn (CP007); Issued June 21, 2021  Shoreline Exemption, City of Auburn (SHL21-0003); Issued June 21, 2021  Floodplain Development Exemption, Issued June 26, 2021  Washington Department of Fish and Wildlife, Hydraulic Project Approval (021-4-349+01); Issued May 28, 2021  NEPA Categorical Exclusion, Washington State Department of Transportation; Issued June 17, 2021  Jurisdictional Determination, United States Coast Guard, Email, No Further Action Required; Issued May 14, 2021 2. ADDITIONAL OBLIGATIONS AND REQUIREMENTS A. Upon execution of this Right of Entry, Licensee shall pursue an aquatic authorization from State that allows the existing Lea Hill Bridge (8th Street NE Bridge) to occupy state-owned aquatic lands. DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 15 of 18 Right of Entry No. 23-102449 Attachment 1 to Exhibit B DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 16 of 18 Right of Entry No. 23-102449 DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 17 of 18 Right of Entry No. 23-102449 DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 Aquatic Lands Right of Entry Page 18 of 18 Right of Entry No. 23-102449 DocuSign Envelope ID: 1B2650B0-6BB3-44E1-A5AD-38DD2653CCD6 INVITATION FOR BIDS CITY OF AUBURN PROJECT NO. CP2006 & CP2007, CONTRACT NO. 21-29 3RD STREET SW AND LEA HILL BRIDGE DECK PRESERVATION The Office of the City Clerk will receive sealed bids at the Auburn City Hall, 25 West Main Street, Auburn, Washington until 11:00 AM PT on October 19, 2021, and will then and there be opened and publicly read aloud at the City Hall. All bids shall be filed with the City Clerk on or before the time set for bid opening. The major items of work include expansion joints replacement, hydro-milling, applying methacrylate crack sealer, installing modified concrete overlay. The proposed bid range for the project is from $700,000 to $900,000. The entire project, including cleanup, shall be physically completed within 40 working days. This project is funded by federal grant. Requirements stipulated for Federal and other governmental funding have been incorporated into the Contract Documents and require full compliance by the Contractor and any subcontractor hired by the Contractor. The Disadvantaged Business Enterprise (DBE) requirements on this project are 6% certified DBE. All bid proposals shall be accompanied by a bid deposit in cash, certified check, cashier’s check or proposal bond (surety bond) in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such Contract and furnish satisfactory Contract Bond within the time stated in the Bid Documents, the bid deposit shall be forfeited to the City of Auburn. Disadvantaged, Minority, and Women’s Business Enterprises are encouraged to respond. The City of Auburn does not discriminate on the grounds of race, color, religion, national origin, sex, sexual orientation, age or handicap in consideration for a project award. The following is applicable to this federal aid project: The City of Auburn, in accordance with Title VI of the Civil Rights Acts of 1964, 78 Statute. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. The Plans, Specifications, Addenda, Bidders List, and the Bid Proposal Package for this project are available exclusively through the City of Auburn’s online plan room. Access is provided by going to Builders Exchange of Washington (http://www.bxwa.com) and clicking on: “Posted Projects”; “Public Works”; “City of Auburn”, and “Projects Bidding”. Bidders are encouraged to “Register” in order to receive automatic email notification of future addenda and to be placed on the “Bidders List”. This online plan room provides bidders with fully usable online documents, with the ability to download, print to your own printer, order document sets from numerous reprographic sources, and a free online digitizer/take-off tool. Contact Builders Exchange of Washington at 425.258.1303 should you require assistance. The City reserves the right to reject any and all bids, waive technicalities or irregularities and to accept any bid if such action is believed to be for the best interest of the City of Auburn. Intended dates of publication: Seattle Daily Journal of Commerce - September 28, 2021, October 5, 2021 and October 12, 2021 Seattle Times - September 28, 2021 and October 5, 2021