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HomeMy WebLinkAbout000175 Original Contract,o* poRT.4'v N C June 29, 2011 TO: DelHur Industries Attn: Tim Holth 4333 S. Tumwater Access Rd. Port Angeles, WA 98363 PROJECT: CSO Pre clearance Excavation Project No. 06 -01 The City has considered the negotiated price submitted by you for the above described work. You are hereby notified that the negotiated price has been accepted by City Council on June 21, 2011 in the amount of $113,172.47. You are required, as stated in the Information for Contractors, to execute the contract and furnish the required Contractor's Performance and Payment Bond and certificates of insurance within ten (10) calendar days from the date of this notice to you. CITY OF PORT ANGELES NOTICE OF AWARD If you fail to execute said contract and to furnish said bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all of your rights arising out of the Owner's acceptance of your bid as abandoned and as a forfeiture of your bid bond The Owner will be entitled to such other rights as may be granted by law. cc: City Clerk You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 29 day of June, 2011. By. S L, L I mot c i v Title Deputy Director of Enaineerina Services ACCEPTANCE OF NOTICE BY CONTRACTOR Receipt of the above Notice of Award is hereby acknowledged this day of JG/ 20 1/. SIGNA U E i Print Name: Title 4 Gr. VGA Please return signed original to the City of Port Angeles Public Works Utilities Department, attn: name of Project Manager N \PROJECTS \06 -01 CSO Projects Phase 1\2011 Pre Construction Archaeological Sampling \14 Contract Award, Notice to Proceed, Retainage CITY OF PORT ANGELES PROJECT 06 -01 CSO PRE CLEARANCE EXCAVATION The following changes, additions, and /or deletions are hereby made a part of the Project Manual for the construction of CSO re-Clearance Excavation Project dated June, 2011 as fully and completely as if the same were fully set forth therein: 1. PART II. CONTRACT FORMS SUBMITTED FOLLOWING AWARD OF CONTRACT Performance Bond Rider: Delete numbered paragraph in its entirety as illustrated on the attached Exhibit A. DelHur Industries, Inc. City of Port Angeles Principal Surety: The Insurance Company of the State of Pennsylvania Ci Port Angeles Approved as to form i GvC� City Attorney AMENDMENT No. 1 TO THE PROJECT MANUAL FOR CSO PRE CLEARANCE EXCAVATION, PROJECT NO. 06-01 (July 11, 2011) City Manager 11 C.a -Ivy &cf END OF AMENDMENT Amendment No. 1 Page 1 of 1 cot 75 1 1 1 1 1 1 1 I 1 11 1 1 11 1 1 1 1 1 8. The Bond is not intended to be, nor shall it be construed to be a contract, agreement or other instrument arranging for disposal or treatment, or arranging with a transporter for transport for disposal or treatment of hazardous substances. 9 Notwithstanding any provision-of-the Contract or the Bond--to--the contrary, extension of the Contact— completion date and modification or chan es- to- tfintract _require actual written receipt of notice by the Surety and authorization by tj Surety in order for the Surety to be 661111d extensions, modifications or chang 10. The Bond is issued subject to the above express conditions which shall survive the release and discharge of the Surety from any further liability of its Bond obligations, and those conditions are accepted by the Obligee notwithstanding any obligation to the contrary in the Contract. 11. It is not the intent of this bond to accept any design or professional responsibility within the terms of this contract. Further, this bond in no way provides a guarantee of the adequacy or efficiency of equipment selected or supplied, nor does this bond guarantee the achievement of any remedial limits resulting from design specifications Accordingly, it is agreed by all parities that this bond shall only cover the actual physical construction work contained within the contract, all other work is specifically excluded from the scope of this bond as if it were individually stated herein. Signed, Sealed and dated this June 29th. 2011. Witness: BY d) •l_ 2 =1---.._ GX lBcT A Principal: Delhur Industries, Inc By. ice., //al Surety r'' ■'he Insurance Company of the State of Pennsylvania By Jennife Sny.; Attorney- Fact i OF A1-7 k r'' L .i:i../W ER (7 1 AT T 0 R i`. EiY P 0 Wf. r. or AT:,,Lv 1. OF AT TORN 'f. t -.POWER Al' f OftiN 1 Y ..P 0 W t'•,,` 0 F A 1 RN EY 1 ATTc)RNI,t‘,• POW I !.r 1 A r O R N i i .1 0 c..,R OF ATTO R N EY. POW F t i OF AT •P NITY P OW ER OF AT E 0 P.-WE Y'• P 0 E 1 r I f., R N E Y 0 W i P C. AT TOR NI:: P0 WE R 0 F i Tenn .31.Yiani.a. Y- P.: W OF ATTO RI' t- Y FvPOWER OfWa■ ORNE Yo ,N E v P 0 \oit PrincipOtIond Office: 175 Water Street, New York, NY 19038 -No, N E‘c P A r 0 N E v 00‘NrRTA' AT ',t')n,N..er ri,',.i3 N F )3/VEFi t'jf AT TO kN F Y PL,:x .21- L... N E Y ,1 E R :.`r A. 10 Pt PO ufER. :3 F AT( ExpirattOn Date. rOcteiher '701 1 n -ALL MEMBY,THESE3PRESENTSil N E P 0 'tt:E Ff CEF AT R FIE PO W E13:1.. 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AT T r I adopte oy toe B of Directors o f Its COrp6ration, arid the Power of Attorney. issued pursuant thereto, are true and correct, and that the t: keseititioti ad tliCIPOWef 6fiAttbi ite9 Vkiiii fa lltfOi&iiideffe'ot:' r R 0 N EY ;POW F ft Or i5,TTOR4,1; Y3 i- Al TO RNEY P C-W E R OF R NE1- POW ER_ OF AT TO Vii. Y POW i O F Ai TZ r POWER 0 F" ,T TO FN 1 El i'7 POW ti :,t7- AT 1 E IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of the corporation I F r-t1 TrIR E PO W F R 0 F A F T O r F 1 E Y. P OW E l i .0 F Xi ;ORME Y -.P 0 7 IR OF ATTOR A NI T 0 W C 0 f A f i ';',M N ti: r W F •r- :lir!: 0' t` 't' P k. W Er E'., 1- AT FO MIK Y ?i"..).W I E: ".-F P T-T Y PO VI!: fi OF ATTORNEY i f- ATTNI POWER OF ATT4)14NE,', ft.hi5E, R Elf d :1 Tklay 'Of .1101 4: r- AT Tr)1.4::;Ey LP, OF ATTC A ici Es- f F 4ti TORN E Y POWER P-F ATT OP. 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V ?CV: R C i' A' .T-0 LT1 C. .r. r 0 11 ER Cir AT Tr_ F-.4"-W F JF ;i7roR PC-PR r Ey POW;-T-' TOR ROW 0.7 POV,r,T.R OF E rz.. Y PCE" R Or Al TOyft-h; E Y P OWIE R OF AT TOR 'N 01' t;iti OF Al TOR EV t1 'WE R C4V:A 0 Rill y Ca F'f'. NOTARIAL SEAL: A T ;Et: tE 10VMM 411L- MATTOX-Nottyptillie P 0 t^/.. r 1:11 N P.:ft 01! Att BOOS 284 O.— ATT4).RN-EY -POWER- OF A iTORN Ev T.1 W Erg...0F 4.1.- OF AT Tr) R N!E T' 0W E 0A R 0 F 4.10 t..1 POW.. nF Al TO LA-11 P 0 W 0 R POWFF OF ATTC 1 r E"R iCiT"' POW POW AT C P Otk` ATTC P ,ATT( POV SMALL WORKS PROJECT MANUAL CSO Pre Clearance Excavation Project 06 -01 for CSO PRE CLEARANCE EXCAVATION PROJECT NO. 06 -01 P ORT AN G N if nit. -oGtp �iii� 4K "kORKS CITY OF PORT ANGELES WASHINGTON June, 2011 City of Port Angeles Record #000175 GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES MIKE PUNTENNEY, P.E., DEPUTY DIRECTOR OF ENGINEERING SERVICES For information regarding this project, contact Michael Szatlocky, PE, Project Engineer, City of Port Angeles 360- 417 -4808 SMALL WORKS PROJECT MANUAL GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES MIKE PUNTENNEY, P.E., DEPUTY DIRECTOR OF ENGINEERING SERVICES Prepared by: I ck PE Michael Szat o y Project Engineer Reviewed by: for CSO PRE CLEARANCE EXCAVATION PROJECT NO. 06 -01 OF pORT AA, C X 7? v if 13 larar......a. 4? il rn.........v as %,,71111P/ ORKS P CITY OF PORT ANGELES WASHINGTON June, 2011 Re "iewed by: -I Sr. Ass stant City Attorney TABLE OF CONTENTS CSO PRE CLEARANCE EXCAVATION PROJECT NO. 06 -01 PART I CONTRACT NEGOTIATION REQUIREMENTS: Page No(s). Statement Sheet I -1 Information for Contractors 1 -2 Contractor's Checklist I -3 Non Collusion Affidavit 1 -4 Contactor's Construction Experience I -5 List of Proposed Subcontractors I -6 Negotiated Pricing Form 1 -7 through 9 PART II CONTRACT FORMS SUBMITTED FOLLOWING AWARD OF CONTRACT Contract II -1 -8 Performance and Payment Bond II- 9 Escrow Agreement for Retained Percentage II- 10 Certificate of Insurance (provided by bidder) PART III SPECIFICATIONS, SPECIAL PROVISIONS AND SUBMITTALS 1I1 -1 -12 PART IV ATTACHMENTS A. Washington State Prevailing Wage Rates for Clallam County B. Post Contract City Documents Request For Information (RFI) Form Construction Change Order (CCO) Forms Contractor's Application for Payment Form Contractor and Subcontractor Certification Form C. Site Map and Project Details D. Amendments to the Standard Specifications CSO Pre Clearance Excavation Project 06 -01 PART I CONTRACT NEGOTIATION REQUIREMENTS PW 407_04 Part04 doc [Revised 09/08] STATEMENT SHEET On April 25, 2011, the City issued a request for bids for project construction. No bids were received on the bid due date of May 9, 2011. Since no bids were received the City negotiated a contract with DelHur Industries, a qualified contractor, per the provisions of RCW 35.23.352. The negotiated contract shall consist of the following scope of work: A series of eleven (11) Trenches and three (3) Test Pits will be excavated under the City Archaeologist's supervision along a section of the proposed Combined Sewer Outflow (CSO) pipeline on the former Rayomer mill site. The contractor shall be responsible for shoring, trench and pit excavation, dewatering and disposal of groundwater in the three test pits, prevention, control and stoppage of water pollution and erosion control within the project limits, preparation of a Work Safety Plan, and incidental excavation as required by the Archaeologist. ADDITIONAL REOUIREMENTS 1. The State Prevailing Wage Rates for Clallam County dated June 13, 2011 shall apply to this Contract. The Dept. of L I's wage rates pages can be obtained at the website: www. lni. wa. eov /nrevailinewaee/Default.htm. A hard copy is available for viewing in the Public Works Utilities Engineering office at City Hall, or one will be mailed upon request. 2. Because this Contract is for an amount more than $35,000, performance and payment bond, and retainage will be required for this work. 3. The project is anticipated to include less than three weeks (15 days) of actual excavation work, however the period of contract will be 30 days from award to accommodate for any work stoppages due to significant archaeological discoveries or other necessary contingencies including but not limited to permits or weather. Tune is of the essence in the performance of this Contract and in adhering to the time frames specified herein unless a different time frame is expressly provided in writing by the City. The Contractor shall commence work within ten (10) calendar days after notice to proceed from the City. Glenn A. Cutler, P.E. Director of Public Works Utilities CSO Pre Clearance Excavation Project 06 -01 SMALL WORKS PROJECT MANUAL ADVERTISMENT FOR BIDS CSO PRE CLEARANCE EXCAVATION PROJECT NO. 06 -01 I- 1 INFORMATION FOR CONTRACTOR The Contractor shall submit a copy of a valid certificate of registration in compliance with 18.27 RCW. The work will begin within ten (10) calendar days after notice to proceed from the Director of Public Works Utilities and shall be completed within the time as stated on the Statement Sheet. The party to whom the Contract is awarded will be required to execute the Contract and obtain the Performance and Payment Bond within ten (10) calendar days from the date the notice of award is delivered to the Contractor. Such bond(s) shall be on the form provided by the Owner, specify the name, contact phone, and address of the surety, and shall include a power of attorney appointing the signatory of the bond(s) as the person authorized to execute it (them). The Owner, within ten (10) calendar days of receipt of the acceptable Performance and Payment Bond and the Contract signed by the party to whom the Contract was awarded, will sign the Contract and return to such party an executed duplicate of the Contract. Should the Owner not execute the Contract within such period, the Contractor may, by written notice, withdraw its signed Contract. Such notice of withdrawal will be effective upon receipt of the notice by the Owner. The notice to proceed will be issued within ten (10) calendar days of the execution of the Contract by the Owner. Should there be reasons why the notice to proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout. CSO Pre Clearance Excavation Project 06 -01 I- 2 1. Have the negotiated contractor's forms been properly signed? 2. Has the non collusion affidavit been properly executed? 3. Have you shown your contractors state license number on the Negotiated Pricing Form? 4. Have you included a copy of a valid certificate of registration in compliance with 18.27 RCW? 5. Have you listed all proposed subcontractors that you will use for the project on the Listing of Proposed Subcontractors form? 6. Have you filled out the Construction Experience form? The following forms are to be executed after the Contract is awarded: A. Contract To be executed by the Contractor and City. B. Performance and Payment Bond To be executed on the form provided by Owner, by the Contractor and its surety company. To include name. contact and phone number, and address of surety and Dower of attorney of signatory. C. Insurance certificate(s). CSO Pre Clearance Excavation Project 06 -01 CONTRACTOR'S CHECKLIST I- 3 STATE OF WASHINGTON COUNTY OF C lA\V. Y The undersigned, being first duly sworn on oath, says that the negotiated contract herewith submitted is a genuine and not a sham or collusive contract, or made in the interest or on behalf of any person not therein named; and (s)he further says that the said contractor has not directly or indirectly induced or solicited any contractor on the above work or supplies to put in a sham bid, or any other person or corporation to refrain from bidding, and that said contractor has not in any manner sought by collusion to secure to him/her self an advantage over any other contractor. Subscribed and sworn to before me this c day of TV Y1 •2 CSO Pre Clearance Excavation Project 06 -01 NON COLLUSION AFFIDAVIT Signature of Contractor Notary Public in and for the State of Washington r Residing at C 1a a-YY1 C WA My Comm. Exp.: l' D- 1- s I- 4 201[. Answer all questions and provide clear and comprehensive information. 1. Name of Contractor: lie. .\,'lwr Zxvdv�s�n Registration Number: UL L UtZ 1580 4 2. Permanent main office address: 4333 Ti rY1w wie �r T Y M k 12-�- Aar,. \r,_S wA rt u3L3 3. When organized: \QUA 4. Where incorporated: WXA-SIri► r,cip►n 5. How many years have you been engaged in the contracting business under your present firm name? 6. Contracts on hand. (Schedule these, showing gross amount of each contract and the approximate anticipated dates of completion), contact name and phone number. 7. General character of work performed by your company: l► envv C N A\ Lnrs uan br1 LNYVA revs e4,:► G- 0 h 8. Have you ever failed to complete any work awarded to you? 'k If so, where and why? 9. Have you ever defaulted on a contract? ►•10 10. List the more important projects recently completed by your company, stating approximate cost for each, the month and year completed, contact name and phone number. 11. List your major equipment available for this contract: 12. Contractor's experience in construction similar to this project in work and importance: 13. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City? V eS Add separate sheets if necessary. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the City of Port Angeles. Date: 1-,- CSO Pre Clearance Excavation Project 06 -01 CONTRACTOR'S CONSTRUCTION EXPERIENCE Contractor's Signature: Print Name: T t M Hn► r N Title: Frc►dcnN I 5 3C) IcCarS Project Name Subcontractor(s) that 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 must be listed below. The work to be performed is to be listed below the subcontractor(s) name. If no subcontractor is listed below, the Contractor acknowledges that it does not intend to use any subcontractor to perform those items of work. Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed CSO Pre Clearance Excavation Project 06 -01 Subcontractor List Prepared in compliance with RCW 39.30.060 as amended To Be Submitted with the Bid Proposal I- 6 NEGOTIATED PRICING FORM Page 1 of 3 Honorable Mayor and City Council Port Angeles City Hall 321 East Fifth Street Port Angeles, WA 98362 CONTRACTOR: De\ 6.x .f Sr -r ca \A-A es Inc. The undersigned, hereinafter called the Contractor, declares that the only person(s) interested in this negotiated contract are those named herein; that the negotiated contract is in all respects fair and without fraud; and that it is made without any connection or collusion with any other person making a bid on this project. The Contractor further declares that it has carefully examined the plan, specifications, and contract documents, hereinafter referred to as the Project Manual, for the construction of the proposed project improvement(s); that it has personally inspected the site(s); that it has satisfied itself as to the types and quantities of materials, the types of equipment, the conditions of the work involved, including the fact that the description of and the quantities of work and materials, the types of equipment, the conditions of and the work involved as included herein, are brief and are intended only to indicate the general nature of the work and to identify the said quantities with the corresponding requirements of the Project Manual; and that this negotiated contract is made in accordance with the provisions and the terms of the Contract included in the Project Manual. The Contractor further agrees that it has exercised its own judgment regarding the interpretation of surface information and has utilized all data which it believes is pertinent from the City Engineer, hereinafter also referred to as the City or Owner, and such other source of information as it determined necessary in arriving at its conclusion. The Contractor further certifies that the subcontracting firms or businesses submitted on the LISTING OF PROPOSED SUBCONTRACTORS will be awarded subcontracts for the described portions of the work: If the Contractor is awarded a construction contract on this bid, the name and address of the surety who will provide the performance bond is: C.hGr-V►5 5 uvar,�t- Surety Agent to Mar 1Ce. S4-. 3ek- -p.- \%o "Floor Surety address 1 2 o I 1 p. Je Iwo �4es rnC W A Agent Address "$vev k \Ne..\\ .eser, 2511S5 2206 march.!- 11e► ttsen 2S3 "15`1 Zee Surety Contact and Phone Number Agent Contact and Phone Number CSO Pre Clearance Excavation Project 06 -01 I- 7 Item No. Sec No. 1 1 -04 Minor Changes Description of Item 2 1 -07.15 Temporary Water Pollution/ Erosion Control 3 Health Safety Plan Preparation 4 1 -09.7 Mobilization 5 1 -10 Excavation of Archaeology Trench 6 2 -09 Pit Dewatering 7 7 -09 Trench Safety Systems CSO Pre Clearance Excavation Project 06 -01 NEGOTIATED PRICING FORM Page 2 of 3 I- 8 Estimated Quantity Units 1 Force Account Subtotal Sales Tax (8.4 Total Cost Unit Price Extended (Figures) Amount $5,000 $5,000 1 Force Account !3 131$,3). *S 1 Sum `3;t.0 x 138.07 1 Sum �r' /tLY31 z;`�84„tti 10 Force Account g t 40 l sr4 LIO. C lS i 0 $S7 •S F, SS $1 13 t.8i 1,93(..Sr 16q 6 102 Cs" ql°t• g2 1 3 1 1 9 A. 3 Force Account 1 Force Account ADDENDA ACKNOWLEDGMENT By signing the Bid Form below, the Contractor further certifies that he /she is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Contactor's firm name: De\ u f" sh te.S Zr1L. Complete address: 4333 Tv.vnwaAtc T 4).( 3 c &in ape s NA/ Al 9 8313 (Street address) (State) (Zip) Telephone No.: 360 4 S1 1‘ 53 Signed by: Printed Name: `r u \AU �T Contractor Registration Number: UBI Number: WA State Industrial Insurance Acct. No.: WA State Employment Security Dept. No.: WA State Excise Tax Registration No.: Title: Prest diem{ CSO Pre Clearance Excavation Project 06 -01 NEGOTIATED PRICING FORM Page 3 of 3 Date: 2 Ft .1u,n c 20 I- 9 EL NvI I 15804 to 0O 'z-3 G'-4 O 2.o So v.1007 to 00 4 LLj8 Notes: (1) If the Contactor is a partnership, so state, giving firm name under which business is transacted. (2) If the Contractor is a corporation, this bid must be executed by its duly authorized officials. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 PW 407_04 Part04,doc [Revised 09 /08] PART II CONTRACT FORMS SUBMITTED FOLLOWING AWARD OF CONTRACT This negotiated Contract is made and entered into in 3w� 2.4 t l by and between the City of Port Angeles, State of Washington, hereinafter referred to fG /NIA r 4,51 r e- 5 a hereinafter referred to as "the Contractor WITNESSETH: Whereas, the City desires to have certain public work performed as hereinafter set forth, requiring specialized skills and other supportive capabilities; and Whereas, the Contractor represents that it is qualified and possesses sufficient skills and the necessary capabilities to perform the services set forth in this Contract. NOW, THEREFORE, in consideration of the terms, conditions, and agreements contained herein, the parties hereto agree as follows: 1. Scone of Work. The Contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the following project: in accordance with and as described in A. this Contract, and B. the Project Manual, which include the attached plans, Specifications, Special Provisions, submittal requirements, attachments, addenda (if any), Negotiated Pricing Form, Performance and Payment Bond, and C. the 2010 Standard Specifications for Road, Bridge, and Municipal Construction prepared by the Washington State Department of Transportation, as may be specifically modified in the attached Specifications and/or Special Provisions, hereinafter referred to as "the standard specifications and D. the most current edition of the City of Port Angeles' Urban Services Standards and Guidelines, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. 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, except as may otherwise be provided in the Project Manual. CSO Pre Clearance Excavation Project 06 -01 PUBLIC WORKS CONTRACT CSO PRE CLEARANCE EXCAVATION PROJECT NO. 06 -01 duplicate this o day of a non charter code city of the as "the City and 2. Time for Performance A. The project is anticipated to include less than three weeks (15 days) of actual excavation work, however the period of contract will be 30 days from award to accommodate for any work stoppages due to significant archaeological discoveries or other necessary contingencies including but not limited to permits or weather. Time is of the essence in the performance of this Contract and in adhering to the time frames specified herein unless a different time frame is expressly provided in writing by the City. The Contractor shall commence work within ten (10) calendar days after notice to proceed from the City. 3. Compensation and Method of Payment. A. The City shall pay the Contractor for work performed under this Contract as detailed in the Negotiated Pricing Form, as incorporated in the Project Manual. B. Payments for work provided hereunder shall be made following the performance of such work, unless otherwise permitted by law and approved in writing by the City. No payment shall be made for any work rendered by the Contractor except as identified and set forth in this Contract. C. Progress payments shall be based on the timely submittal by the Contractor of the City's standard payment request form. D. Payments for any alterations in or additions to the work provided under this Contract shall be in accordance with the Request For Information (RFI) and/or Construction Change Order (CCO) process as set forth in the Project Manual. Following approval of the RFI and /or CCO, the Contractor shall submit the standard payment request form(s). E. The Contractor shall submit payment requests with a completed Application for Payment form, an example of which is included in the Attachments to this Contract. This form includes a lien waiver certification and shall be notarized before submission. Applications for payment not signed or notarized shall be considered incomplete and ineligible for payment consideration. The City shall initiate authorization for payment after receipt of a satisfactorily completed payment request form and shall make payment to the Contractor within approximately thirty (30) days thereafter. 4. Independent Contractor Relationship. The relationship created by this Contract is that of independent contracting entities. No agent, employee, servant, or representative of the Contractor shall be deemed to be an employee, agent, servant, or representative of the City, and the employees of the Contractor are not entitled to any of the benefits the City provides for its employees. The Contractor shall be solely and entirely responsible for its acts and the acts of its agents, employees, servants, subcontractors, or representatives during the performance of this Contract. The Contractor shall assume full responsibility for payment of all wages and salaries and all federal, state, and local taxes or CSO Pre Clearance Excavation Project 06 -01 II 2 contributions imposed or required, including, but not limited to, unemployment insurance, workers compensation insurance, social security, and income tax withholding. 5. Prevailing Wage Requirements. The Contractor shall comply with applicable prevailing wage requirements of the Washington State Department of Labor Industries, as set forth in Chapter 39.12 RCW and Chapter 296 -127 WAC. The Contractor shall document compliance with said requirements and shall file with the City appropriate affidavits, certificates, and/or statements of compliance with the State prevailing wage requirements. The Washington State Prevailing Wage Rates For Public Works Contracts, Clallam County, incorporated in this Contract have been established by the Department of Labor Industries and are included as an Attachment to this Contract. The Contractor shall also ensure that any subcontractors or agents of the Contractor shall comply with the prevailing wage and documentation requirements as set forth herein. 6. Indemnification and Hold Harmless. A. The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers against and from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. B. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. 7. Insurance. The Contractor shall procure, and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Failure by the Contractor to maintain the insurance as required shall constitute a material breach of contract upon which the City may, after giving five working 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 City on demand, or at the sole discretion of the City, off set against funds due the Contractor from the City. CSO Pre Clearance Excavation Project 06 -01 II 3 A. Minimum Scope of Insurance The Contractor shall obtain insurance of the types described below: Automobile Liability insurance covering all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products- completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Pollution Liability Insurance: The Contractor, in the scope of his work, will likely have to deal with pollutants or cleaning up pollution. The Contractor shall be required to have Pollution Liability Insurance in the amount of $1,000,000. B. Minimum Amounts of Insurance The Contractor shall maintain the following insurance limits: CSO Pre Clearance Excavation Project 06 -01 i. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $3,000,000 each occurrence, $3,000,000 general aggregate and a $3,000,000 products- completed operations aggregate limit. II C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. i. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and shall not contribute with it. ii. The Contractor shall provide City and all Additional Insured's with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. F. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or subcontractors as well as to any temporary structures, scaffolding and protective fences. G. Waiver of Subrogation The Contractor and the City waive all rights against each other, any of their subcontractors, lower tier subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. CSO Pre Clearance Excavation Project 06 -01 II 5 I I I I I I I I I I I 1 I I I I I I I 8. Comnliance with Laws. A. The Contractor shall comply with all applicable federal, state, and local laws, including regulations for licensing, certification, and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as set forth in the Project Manual. B. The Contractor shall pay any applicable business and permit fees and taxes which may be required for the performance of the work. C. The Contractor shall comply with all legal and permitting requirements as set forth in the Project Manual. 9. Non discrimination. The parties shall conduct their business in a manner which assures fair, equal and nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: A. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. B. The parties will comply strictly with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above stated minority status. 10. Assignment and Subcontractors. A. The Contractor shall not assign this Contract or any interest herein, nor any money due to or to become due hereunder, without first obtaining the written consent of the City. B. The Contractor shall not subcontract any part of the services to be performed hereunder without first obtaining the consent of the City and complying with the provisions of this section. C. In the event the Contractor does assign this contract or employ any subcontractor, the Contractor agrees to bind in writing every assignee and subcontractor to the applicable terms and conditions of the contract documents. D. The Contractor shall, before commencing any work, notify the Owner in writing of the names of any proposed subcontractors. The Contractor shall not employ any subcontractor or other person or organization (including those who are to furnish the principal items or materials or equipment), whether initially or as a substitute, CSO Pre Clearance Excavation Project 06 -01 II 6 I I I I I I I I I I I I I I I I I I I against whom the Owner may have reasonable objection. Each subcontractor or other person or organization shall be identified in writing to the Owner by the Contractor prior to the date this Contract is signed by the Contractor. Acceptance of any subcontractor or assignee by the Owner shall not constitute a waiver of any right of the Owner to reject defective work or work not in conformance with the contract documents. If the Owner, at any time, has reasonable objection to a subcontractor or assignee, the Contractor shall submit an acceptable substitute. E. The Contractor shall be fully responsible for all acts and omissions of its assignees, subcontractors and of persons and organization directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that it is responsible for the acts and omissions of person directly employed by it. F. The divisions and sections of the specifications and the identifications of any drawings shall not control the Contractor in dividing the work among subcontractors or delineating the work to be performed by any specific trade. G. Nothing contained in the contract documents shall create or be construed to create any relationship, contractual or otherwise, between the Owner and any subcontractor or assignee. Nothing in the contract documents shall create any obligation on the part of the Owner to pay or to assure payment of any monies due any subcontractor or assignee. H. The Contractor hereby assigns to the City any and all claims for overcharges resulting from antitrust violations as to goods and materials purchased in connection with this Contract, except as to overcharges resulting from antitrust violations commencing after the date of the bid or other event establishing the price of this Contract. In addition, the Contractor warrants and represents that each of its suppliers and subcontractors shall assign any and all such claims for overcharges to the City in accordance with the terms of this provision. The Contractor further agrees to give the City immediate notice of the existence of any such claim. I. In addition to all other obligations of the contractor, if the contractor does employ any approved subcontractor, the contractor shall supply to every approved subcontractor a copy of the form, provided in the project manual, to establish written proof that each subcontract and lower -tier subcontract is a written document and contains, as a part, the current prevailing wage rates. The contractor, each approved subcontractor and each approved lower -tier subcontractor shall complete and deliver the form directly to the City. 11. Contract Administration. This Contract shall be administered by I J 1M Aldo ii on behalf of the Contractor and by Michael Szatlocky, PE, Project Manager, on behalf of the City. Any written notices required by the terms of this Contract shall be served or mailed to the following addresses: CSO Pre Clearance Excavation Project 06 -01 II 7 Contractor: Q C j tiu.r 5 4 .11.33 5. "1-6..,iv04,42.4e.r Ac,c,ess Qd. Pori liQ,t.�,� vv,A Q 3 (o 3 12. Interpretation and Venue. This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first set forth above. CONTRACTOR: By: f)c.11r. r- in.o\t r es, nc. Name of Contractor y Title: ?I' e G CSO Pre Clearance Excavation Project 06 -01 City: CITY OF PORT ANGELES: By: City Manager Approved as to Form: e Awl Attorney II 8 Attest: City of Port Angeles P.O. Box 1150 321 East Fifth Street Port Angeles, WA 98362 -0217 KNOW ALL MEN BY THESE PRESENTS: The Insurance Company of the That we, the undersigned, Delhur Industries, Inc. as Principal, and State of Pennsylvania a corporation, organized and existing under the laws of the State of Washington, as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations as surety, are jointly and severally held and firmly bound to the City of Port Angeles in the penal sum of 113,172.47 for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances of the City of Port Angeles. Dated at The conditions of the above obligation are such that: WHEREAS, the City of Port Angeles has let or is about to let to the said Delhur Industnes. Inc. the above bounded Principal, a certain contract, the said contract being numbered 06 -01, and providing for CSO Pre Clearance Excavation (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 said Principal, Delhur Industries, Inc. shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold the City of Port Angeles harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract within a period of one year after its acceptance thereof by the City of Port Angeles, then and in that event, this obligation shall be void; but otherwise, it shall be and remain in full force and effect. Signed this 29th day of June The Ipsitrance Company of the State of Pennsylvania Delhur Industries, Inc. Principal arket Street 38th Floor Philadelphia, PA 19103 Address Pat Callahan 360 457 -1133 Surety Contact and Phone Number CSO Pre Clearance Excavation Project 06-01 PERFORMANCE and PAYMENT BOND Bond to the City of Port Angeles Bond ESD021810745 Washington, this day of 20 2011 By 1 -4a, 1i F'PPS r CL 9 V\t Title PO Box 2940 Tacoma, WA 98401 Agent Address Jennifer Snyder 253- 759 -2200 Agent Contact and Phone Number II -9 American International Companies The Insurance Company of the State of Pennsylvania 175 Water Street New York, NY 10038 PERFORMANCE BOND RIDER Exclusions From The Scope Of The Surety's Duties, Obligations and liabilities under Bond Attachment A WHEREAS, this Rider is executed concurrently with Bond No. ESD021810745 in the amount of $113,172.47 for work under the CSO Pre clearance Excavation. Proiect No. 06 -01 contract (hereinafter "the Bond and is intended to form a part thereof; and WHEREAS, the parties, consisting of City of Port Aneeles as Obligee, Delhur Industries. Inc. as Contractor and Principal on the Bond, and The Insurance Company of The State of Pennsylvania as Surety, wish to amend the Bond to make certain exclusions from the scope of the Sureties duties, obligations and liabilities under the Bond. NOW THEREFORE, and not withstanding anything in the contract to the contrary, the parties agree to amend the bond as follows: 1. The Bond is not intended by the parties to be, nor shall it be construed to be, an insurance policy, primary or excess, or in any other way be considered to satisfy the requirements for any type of insurance set forth in the contract documents between the Principal and the Obligee and /or Owner (hereinafter "the Contract The existence and maintenance of any and all insurance required by the Contract through the completion of any guaranty period provided therein shall be both a condition precedent and a condition subsequent to the Sureties duties, obligations and liabilities under the Bond. 2. Any rights of action under the Bond shall accrue to, and be for the exclusive use of, the Obligee. The bond is not intended by the parties to, nor shall it be construed to, create or extend any third party beneficiary rights. 3. No suit or action shall be commenced against the Principal or Surety for any default in performance or for labor performed or materials supplied after the earlier of (1) the contract duration period as set forth in the Contract at the time of execution plus any agreed extensions: or (2) one year after substantial completion of work under the Contract (3) one year after termination of the Contract in accordance with its terms and conditions. In no event shall the Surety be liable under any warranty provision in the Contract after one year from the date of substantial completion of under the Contract. 4. In the event of default, the Surety's liability under the Bond is limited to providing funds for the cost of completion of the Contract work in accordance with the plans and specifications, less the balance of funds remaining to be paid under the Contract. Under no circumstances is the Surety obligated to tender another contractor to complete the work, enter into a takeover agreement with the Owner and/or Obligee for the Completion of the work, finance completion of the work by the Principal or in any way assume responsibility, directly or indirectly, for the work required to be performed. Under no circumstances shall the liability of the Surety exceed the penal Sum of the Bond. 5. Upon Notice of default, the Surety will have a reasonable amount of time to honor it's obligations, if any, under the bond. 6. The Surety shall in no event be liable to indemnify or compensate the Obligee for loss or liability arising from personal injury or property damage whether or not caused by breach of the bonded Contract. Under no circumstances shall the Surety be liable to indemnify or compensate the Obligee for any consequential damages. 7. The Surety shall in no event be liable to any person for injuries, costs, damages, expenses, or other liability which results from any release or threatened release of a hazardous substance or pollutant or contaminant, even if such release or threatened release is caused by the conduct of the Principal or Obligee which is negligent, or which constitutes intentional misconduct. 8. The Bond is not intended to be, nor shall it be construed to be a contract, agreement or other instrument arranging for disposal or treatment, or arranging with a transporter for transport for disposal or treatment of hazardous substances. 9. Notwithstanding any provision of the Contract or the Bond to the contrary, extension of the Contract completion date and modification or changes to the Contract require actual written receipt of notice by the Surety and authorization by the Surety in order for the Surety to be bound by such extensions, modifications or changes. 10. The Bond is issued subject to the above express conditions which shall survive the release and discharge of the Surety from any further liability of its Bond obligations, and those conditions are accepted by the Obligee notwithstanding any obligation to the contrary in the Contract. 11. It is not the intent of this bond to accept any design or professional responsibility within the terms of this contract. Further, this bond in no way provides a guarantee of the adequacy or efficiency of equipment selected or supplied, nor does this bond guarantee the achievement of any remedial limits resulting from design specifications. Accordingly, it is agreed by all parities that this bond shall only cover the actual physical construction work contained within the contract, all other work is specifically excluded from the scope of this bond as if it were individually stated herein. Signed, Sealed and dated this June 29th. 2011. Witness: Principal: Delhur Industries, Inc. 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J d 'A ki.• 9-1-1V 3( I.::'-i■l8;7:,1\f ,ro 'Ac.,..d 4 4 Od- f 1 'Pd 410 I_ ...,7 3 II, A3W .l3 i 0 83MOG IC A JOHAAAC,FINN, N., f,1; :-O N A it .1. =JAndrew ■HolIand,cSecretarpir.- 10 83 MO d 1 1. 1110-d 0 1 -10 EiA10... 71410, .131 1 JO.'d 010c i,32•.;"0'......1 4 1 1 3M 0 d FNt"- Ja JO 11-•=110ri- A 4 W:1 :rki LV A I- 1 .A0d V JO t:E1/4-10f.: )3 t10.: L.ci'd() 23234(4/99) Od JNUOl 1v I ("8'3 A 3NP s.1 JO 41 1\1 1 k0d A3.:‘10.1 J MO 31\1U V JO V1=,,\ A..?.K.lyni iv V1A40,1• 10 )1 1 0AHO.4.1.), JO ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 6/30/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 INSURED COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT 0 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED MR I TYPE OF INSURANCE A I GENERAL LIABILITY 1 COMMERCIAL GENERAL LIABILITY I I CLAIMS -MADE X OCCUR I I GEN'L AGGREGATE LIMIT APPLIES PER I POLICY J 1 r I LOC C AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS X HIRED AUTOS X X CS90 Inc! I B UMBRELLA LIAB X EXCESS LIAB I DED I I RETENT ON WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below A Pollution Occur Professional C X CERTIFICATE HOLDER DelHur Industries, Inc. 4333 Tumwater Truck Route Port Angeles, WA 98363 SCHEDULED AUTOS NON -OWNED AUTOS Client#: 112248 DELHINDU OCCUR CLAIMS -MADE Y/N N N/A CA6561318 PROU7004931 WC0999193 WA Stop Gap PROP7004930 Claims Made I I CONTACT Breanna Lobdell NAME• I PHONE 800 499 -0933 I (A/C, No. Extl: I E -MAIL I ADDRESS INSURER A I INSURER B I INSURER C I INSURER D I INSURER E I INSURER F IINS RLI POLICY NUMBER I IMNWD /YYYYI X X PROP7004930 05/01/2011 Chartis Specialty Insurance Com American International Specialt Commerce and Industry Insurance CO MB INED SINGLE LIMIT 05/01/2011 05/01/20121 (E a ccident) 05/01/2011 05/01/2012 EACH OCCURRENCE 05/01/2011 05/01/2011 POLICY EXP IMM/DD/YYYY) DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: CSO Pre Clearance Excavation Project No. 06 -01 City of Port Angeles is named as additional insured with respects to the above referenced project. City of Port Angeles 321 East Fifth Street Port Angeles, WA 98362 CANCELLATION AUTHORIZED REPRESENTATIVE Eiz-v A. `40-^ -ate INSURER(S) AFFORDING COVERAGE NAIC REVISION NUMBER: THE INSURED NAMED ABOVE FOR THE POLICY PERIOD R OTHER DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, BY PAID CLAIMS 05/01/2012 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL 8 ADV INJURY GENERAL AGGREGATE PRODUCTS COMP /OP AGG BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AGGREGATE lac. FAX No). 866.577.1326 LIMITS $1,000.000 1$300,000 1$10,000 1$1,000,000 1$2,000,000 2,000,000 $1,000,000 $10 $10.000.000 26883 05/01/2011 X I WC STATU- I I0TH- TORYIIMITS FR E L EACH ACCIDENT $1,000,000 I E L DISEASE EA EMPLOYEE $1,000,000 I E L DISEASE POLICY LIMIT $1.000,000 05/01/2012 Combined w /General Liab SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S697112/M6943920 BGS00 This page has been left blank intentionally. This endorsement, effective 12:01 AM, 05/01/2011 Forms a part of Policy No: PROP7004930 Issued to: DelHur Industries, Inc ENDORSEMENT By: AMERICAN INTERNATIONAL SPECIALTY LINES INS. CO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT COVERAGE A. B AND C This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY SCHEDULE Name of Person or Organization: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) It is hereby agreed that Section II of the policy, WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule above as respects Insuring Agreements A, B and C, but only with respect to liability arising out of your ongoing operations performed by you or on your behalf for that insured. Coverage is not afforded for the additional insured's own liability, which arises solely out of its acts or omissions. The entities scheduled above are covered under this Policy only for limits of liability up to but not exceeding the amount required by the written contract with the insured and subject to the limits of liability of this Policy. All other terms, conditions, and exclusions shall remain the same. 78025 (5101) Cl1456 a AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) PAGE 1 OF 1 This page has been left blank intentionally. PW 407_04 Part04.doc [Revised 09/08] PART III SPECIFICATIONS, SPECIAL PROVISIONS AND SUBMITTALS I I INTRODUCTION /ORDER OF PRECEDENCE See Section 1 -04.2 of the Standard Specifications for the general order of precedence for inconsistency in the parts of the Contract. In addition, the order of precedence in the I case of conflicting specifications, special provisions, submittal requirements, plans, drawings, or other technical requirements of this Project Manual is as follows: I 1. Special Provisions as set forth on pages III -1 through III -11. 2. Draft Pre Construction Archaeological Sampling Plan: Combined Sewer Overflow Project, Phase 1 I 3. Washington State Department of Transportation's 2010 Standard Specifications for Road, Bridge, and Municipal Construction (English Units), referred to herein as the Standard Specifications. I 4. The most recent edition of the City of Port Angeles' Urban Services Standards and Guidelines, which are hereby incorporated into this Project Manual. I 5. Attachments (exclusive of the above mentioned) as listed in the Table of Contents of the Project Manual. I STANDARD SPECIFICATIONS I This Contract incorporates the Washington State Department of Transportation's 2008 Standard Specifications for Road, Bridge, and Municipal Construction (English Units), referred to herein as the Standard Specifications. Unless otherwise superseded as I detailed above, the Standard Specifications describe the general requirements, description, materials, construction requirements, measurement and payment of work to be completed under this Contract. I I SPECIAL PROVISIONS The following Special Provisions supersede any conflicting provisions of the Standard I Specifications and are made a part of this contract. The Sections referenced in these Special Provisions refer to Sections of the Standard Specifications. I 1 -01.3 DEFINITIONS The term "Contract Bond" is understood to be equal to "Performance and Payment I Bond" for this project. The term "State" is redefined to mean the City of Port Angeles for this project. I The term "Commission" is redefined for this project to mean the City Council of the City of Port Angeles. I CSO Pre Clearance Excavation I Project 06 -01 III 1 The term "Secretary" is redefined for this project to mean the Director of Public Works for the City of Port Angeles. The term "Department" is redefined to mean the City of Port Angeles Department of Public Works Utilities for this project. The terms "Engineer" and "Project Engineer" are redefined for this project to mean the City Engineer for the City of Port Angeles. The terms "Contract" and "Project Manual" are interchangeable. The term "bidder" shall be redefined for this project to mean the negotiating Contractor. 1 -02.2 PLANS AND SPECIFICATIONS Section 1 -02.2 of the Standard Specifications is deleted and replaced with the following: This is a negotiated contract and all plans and specifications can be obtained in electronic form or hard copy. 1 -02.5 PROPOSAL FORMS Section 1.02.5 of the Standard Specifications is deleted and replaced with the following: At the request of the Contractor, the City will provide a proposal form on which the Contractor can fill -in the negotiated costs. The proposal form will indentify the project, and its location and describe the Work. It will also list estimated quantities, units of measurements, the items of Work, and the Proposal Form that call for prices, extensions, the total negotiated amount, signatures, dates and Contractors address. The required certifications area included in the part of the Proposal Form. 1 -02.6 Preparation of Proposal Section 1.02.5 of the Standard Specifications is deleted and replaced with the following: The Contractor shall submit with the negotiated contract a list of: 1. The work those Subcontractors will perform on the Contract. 2. Shall not list more than one Subcontractor for each category of work indentified. If no Subcontractor is listed, the Contractor acknowledges that it does not intend to use any Subcontractor to perform those items of work. The negotiated proposal of a corporation shall be signed by the officer or officers having authority to sign them. If the Contractor is a copartnership, the negotiated proposal shall be an authorized member of the copartnership. CSO Pre Clearance Excavation Project 06 -01 III 2 1 -02.7 Bid Deposit Section 1.02.7 of the Standard Specifications is deleted in its entirety. 1- 02.8(1) Noncollusion Declaration Section 1.02.8(1) is supplemented with the following: The term "Bidder" shall be replaced with "Contractor" throughout the entirety of this section. 1 -02.9 DELIVERY OF PROPOSAL Section 1 -02.9 of the Standard Specifications is deleted in its entirety for this project to now read as follows: The negotiated contract shall be submitted on a mutually agreed date decided by the City and the Contractor. 1 -03.4 PERFORMANCE AND PAYMENT BOND In accordance with Section 1 -03.4 of the Standard Specifications the Contractor shall execute a Performance and Payment Bond as provided in the Contract. The bond shall specify the surety's name and address and shall include a power -of- attorney appointing the signatory of the bond as the person authorized to execute it. 1 -04.4 CHANGES IN WORK Section 1 -04.4, Changes, of the Standard Specifications shall be amended to add the following: All revisions, clarifications, field requests and field authorizations for construction contracts shall be documented using the "REQUEST FOR INFORMATION" form. A construction contract change order may be initiated by the Contractor, City inspector, or Architect/Engineer by using the RFI form contained in Part IV, Attachments. Definitions: a. RFI: Request for Information b. CCO: Construction Change Order PLANS AND WORKING DRAWINGS Unless otherwise required by the Submittal Requirements, Section 1 -05.3 of the CSO Pre Clearance Excavation Project 06 -01 III 3 Standard Specifications shall apply. STATE SALES TAX The work on this Contract is to be performed upon lands whose ownership obligates the Contractor to collect State sales tax from the Contracting Agency. The provisions of Section 1- 07.2(2) apply. 1 -02.14 DISQUALIFICATION OF BIDDERS Section 1 -02.14 of the Standard Specifications is deleted in its entirety for this project. 1 -02.15 PRE -AWARD INFORMATION Section 1 -02.15 of the Standard Specifications is deleted in its entirety for this project and replaced with the following: Before Awarding the negotiated contract, the City may required one or more of all materials to be used: 1) A complete statement of the origin, composition, and manufacture of any or all materials to be used. 2) A breakdown of costs assigned to the negotiated contract. 3) Attendance at a conference with Engineer or representatives of the Engineer, or 4) Any other information or action taken that is deemed necessary to ensure that the Contract was negotiated fairly. 1 -07.6 PERMITS AND LICENSES All requirements of any permits included in this Project Manual shall be adhered to by the Contractor. All costs related to adhering to these permit(s) shall be included in the overall cost of the contract. 1 -07.15 TEMPORARY WATER POLLUTION /EROSION CONTROL Section 1 -07.15 is supplemented with the following: To prevent, control and stop water pollution and erosion control within the project limits, the Contractor shall protect nearby streams, land, water bodies, roadways and stockpiles in strict accordance with all Federal, State, and local laws and regulations. Work shall include protection of stockpiles and disturbed areas to avoid contaminated runoff as defined in the stormwater discharge permit and Section CSO Pre Clearance Excavation Project 06 -01 III 4 1 -07.15 of the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction. All stormwater that is in contact with disturbed soil or the excavation must remain contained within the excavation or be handled within the dewatering holding tanks. All such water must be disposed of properly through the City Wastewater Treatment facility or other approved site. The Contractor will not be allowed to work during rain events and the entire site must be protected so that runoff through disturbed soil into other stormwater cannot occur. The Contractor shall comply with Rayonier's Stormwater Pollution Prevention Plan (SWPPP). The Contractor shall maintain at least one copy of the SWPPP on the project site over the duration of the project. If the planned measures do not result in effective control of erosion and sediment runoff to the satisfaction of the regulatory agencies or Engineer, the Contractor shall immediately adjust the SWPPP program and /or institute additional measures so as to eliminate the erosion control issue(s). The Contractor shall be responsible for protecting excavated material from infiltration and diffusion from water, wind and erosion. To prevent the migration of potential hazardous constituents through water runoff and wind, the Contractor shall place an impermeable erosion control blanket to stabilize disturbed soil areas and protect the excavated soil from water, wind and erosion. The Contractor shall anchor the impermeable erosion control blanket per the direction of the manufacture or Engineer. 1 -07.17 UTILITIES AND SIMILAR FACILITIES Section 1 -07.17 is supplemented by the following: The Contractor shall call the Utility Location Request Center (One Call Center), for field location not less than two nor more than ten business days before the scheduled date for commencement of excavation which may affect underground utility facilities, unless otherwise agreed upon by the parties involved. A business day is defined as any day other than Saturday, Sunday, or a legal local, state or federal holiday. The telephone number for the One Call Center for this project is 1- 800 424 -5555. The Contractor is alerted to the existence of Chapter 19.122 RCW, a Washington State law relating to underground utilities. Any cost to the Contractor incurred as a result of this law shall be at the Contractor's expense. No excavation shall begin until all known facilities in the vicinity of the excavation area have been located and marked. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE .Section 1 -07.18 of the Standard Specifications is deleted in its entirety and replaced CSO Pre Clearance Excavation Project 06 -01 III 5 with Sections 6 and 7 of the City's standard Public Works Contract in Part II of the Project Manual. TIME FOR COMPLETION Section 1 -08.5 is supplemented with the following: The project is anticipated to include less than three weeks (15 days) of actual excavation work, however the period of contract will be 30 days from award to accommodate for any work stoppages due to significant archaeological discoveries or other necessary contingencies including but not limited to permits or weather. Time is of the essence in the performance of this Contract and in adhering to the time frames specified herein unless a different time frame is expressly provided in writing by the City. The Contractor shall commence work within ten (10) calendar days after notice to proceed from the City. PAYMENTS Section 1 -09.9 is supplemented with the following: The Contractor shall submit payment requests with a completed Application for Payment form, an example of which is included in the Attachments in Part 4 of the Project Manual. This form includes a lien waiver certification, and shall be notarized before submission. Applications for payment not signed or notarized shall be considered incomplete and ineligible for payment consideration. All contract Payments will be made only through an Electronic Fund Transfer. It is the sole responsibility of the Contractor to provide to the City the applicable account information to allow this to occur. SCOPE OF WORK The City of Port Angeles is undertaking a pre- construction, archaeological sampling effort for the Combined Sewer Overflow (CSO) Phase 1 Project in Port Angeles, WA. The City is integrating archaeological sampling into the pre- construction process as part of an effort to reduce uncertainty regarding the presence of buried archaeological resources within the higher probability shoreline areas of the Port Angeles waterfront. This plan is a result of National Historic Preservation Act Section 106 compliance and consultation for the federally regulated project. All work will be accomplished in compliance with the Pre -work Archaeological Sampling Plan. Specific note is made to protocols 6 through 13 of,the Per -work Archaeological Sampling Plan, which denote the necessity of confidentiality regarding archaeological resources and the requirement that the Principal Archaeologist have a pre- construction meeting with any Contractor personnel in the field to provide information on cultural sensitivity. The Plan also CSO Pre Clearance Excavation Project 06 -01 III 6 describes the likely presence of tribal monitors in addition to other archaeological methods to be employed during the fieldwork. Archaeological sampling shall consist of 11 trenches and 3 test pits excavated under the direction of the City Archaeologist. The Contractor shall be responsible for providing a safe entry into the trenches and test pits. The 11 trenches will be open excavations, excavated to approximately 8 feet wide and 16 feet long centered on the CSO centerline and will be between 2 feet and 8 feet deep depending upon location. Deeper trenches require speed shoring or a shoring box when the Archaeologist needs access below 4 feet deep. The 3 test pits will be 8 -foot by 8 -foot, excavated to a depth varying between 15 feet to 18 feet deep. The contractor shall provide all materials, labor, and equipment necessary to shore pits to provide safe working conditions in the pits. Upon completion of the project, the Contractor shall remove the shoring and restore the project site to its original condition per the direction of the Engineer. The excavations will be on the portion of the CSO Phase I alignment that lies on the Rayonier mill site (Site). The Site was home to a pulp mill operated by Rayonier Inc. (Rayonier) between 1930 and 1997. Remedial investigations conducted on the Site have determined the existence of soil contamination associated with various mill operations. This scope of work will include excavation, shoring, dewatering, excavation water treatment and disposal, coordination of spoils and excavation inspection, and excavation backfill. Further discussion of work elements is included below. ARCHAEOLOGICAL EXCAVATION METHODOLOGY An Archaeologist shall be present during excavation and will direct excavations. The Archaeologist will dictate to the operator the process of excavation as described in the Archaeological Sampling Plan. The Contractor shall perform the excavation of the 14 archaeological excavations under the direction of the City Archaeologist and Engineer. The project is anticipated to include less than three weeks (15 days) of actual excavation work, however the period of contract will be 30 days from award to accommodate for any work stoppages due to significant archaeological discoveries or other necessary contingencies including but not limited to permits or weather. If environmental investigations are also conducted, the Contractor may be required to support additional environmental sampling activities. Environmental sampling activities, if conducted, are anticipated to have minimal impact on excavation operations. All work will be directed by the designated Owner's Representative referred to as such and /or Archaeologist or Engineer. Brief discussions of protocols from each follow. CSO Pre Clearance Excavation Project 06 -01 III 7 SHORING Shoring Box The Contractor shall use a trench box to perform excavation of trenches (See Table 1) as indicated on plans. The Contractor alone shall be responsible for worker safety, and the Contracting Agency assumes no responsibility. Upon completing the work, the Contractor shall remove the trench box unless the Plans or the Engineer direct otherwise. The Contractor alone shall be responsible for worker safety, and the Contracting Agency assumes no responsibility. EXCAVATION GENERAL The top 2 feet of excavated material from each excavation is assumed to be contaminated and is to be managed separately from excavated material below 2 feet from ground surface. All stockpiled material shall be covered with 6- millimeter sheet plastic. Plastic shall be secured with sandbags or equivalent to ensure material stays in place in adverse weather and avoid unwanted migration of material. The excavations shall be kept free of water, and backfilled at the direction of the Archaeologist and shall sufficiently allow the Archaeologist to safely enter and exit the excavation for inspection. Backfill shall be sequenced such that the top 2 feet of excavated material is placed back in the excavation after all other excavated material has been placed and compacted. Compaction will be done to the degree practicable at the direction of the Archaeologist or Engineer. The Contractor shall establish work exclusion zones for all excavation work areas. The Contractor shall submit a decontamination plan to the City for review and approval prior to commencing work. All equipment shall be pressure washed prior to entering the project site and before leaving the project site. If pressure washing is not used, decontamination of the backhoe /excavator bucket or truck will consist of; (1) washing with an aqueous Alconox or Liqui Nox solution; and (2) rinsing with potable water. Wash water shall be disposed of at a suitable location per the direction of the Project Engineer. Table 1 includes a schedule of excavations. Additional information related to subsurface conditions is available in the Geotechnical Report City of Port Angeles Francis Street (Phase 1) Combined Sewer Overflow Diversion Project Port Angeles Washington, Shannon Wilson, Inc., August 25, 2010. This is an Estimated Excavation Schedule. These are not precise dimensions or volumes and should not be treated as such. All dimensions should be assumed to be at least 3 feet. CSO Pre- Clearance Excavation Project 06 -01 III 8 I I I 1, I I I I I I I I I I I I Trench/ Pit Exist. Sta grade (ft) Structure bottom elevation (ft) Main line excavations A I 39 +24 I 16 3 I 11.05 I 1.00 I 10.05 I 6 3 I 128 0 I 800 I Pipeline B I 40 +25 I 15 9 I 10.95 I 1.00 I 9.95 I 6.0 I 128 0 I 762 I Pipeline C I 41 +25 I 15.4 I 10.89 I 1.00 I 9.89 I 5.5 I 128 0 I 705 I Pipeline D I 42 +25 I 15.2 I 15.56 I 1.00 I 14.56 I 0 6 I 128.0 I 82 I Pipeline E 43 +24.15 16.7 10.20 0.00 10 20 6.5 128.0 832 West bridge abutment F 44 +29.76 15 6 8.20 0.00 8 20 7.4 128.0 947 East bridge abutment G I 45 +00 I 1 17.5 I 15.16 I 1.00 I 1416 I 3.3 I 128.0 I 428 I Pipeline H 45 +59 20.4 15.00 1 00 14.00 6.4 128 0 819 Pipeline 46 +16 I 21.1 I 16 42 I 1.00 I 15.42 I 5.7 I 128 0 I 727 I Pipeline J 47 +33 25.8 17.96 1.00 16.96 8 8 128.0 1132 Pipeline K I 48 +89 I 27.1 I 19 82 I 1 00 I 18 82 I 8.3 I 128.0 I 1 1060 I Pipeline Foam tank excavations L M N 12.0 0 30 2.00 -1.70 13.7 64 0 877 Outfall pipeline 12.0 0.00 2 00 -2.00 14 0 64.0 896 Outfall pipeline 11 0 -1 00 2 00 -3.00 14 0 64.0 896 Outfall pipeline EXCAVATION METHODS a. Bucket shall be less than 4 feet wide. b. Two buckets, one toothed and one straight, will be required. c. Lift thickness will be defined by the Archaeologist and will be between 4 inches and 20 inches depending upon soil conditions and archaeological information. Operator must be skilled enough to comply. d. Trench boxes will be used for deeper excavations. e. The Archaeologist will require access to all excavations. f. The Schedule of Excavations is only an estimate. It should be used only as such and all excavation volumes and dimensions should be regarded with an error of +1- 3 feet. g. There may be stoppages in the case of significant archaeological discoveries. If there are the find will be protected in place as necessary (and defined in the IDAMP). Excavation activities may be suspended at that location and moved to another trench or pit location. Alternately, if the find requires full attention of CSO Pre Clearance Excavation Project 06 -01 III 9 Table 1. Excavation Schedule Over excavation below structure (ft) Trench bottom Excavation Excavation elevation depth (ft) area (sf) (ft) Excavation volume Remarks (cf)± the Archaeologist there may be some down time during handling of the find. This is the reason this is a time and materials contract. h. Contractor may be asked to provide resources to protect archaeological finds for lengthier stoppages (i.e. fencing, plastic cover, etc). This will be time and materials as well. i. There will be no use of sheet pile shoring. j. There will be no use of a vactor truck. k. All work will be accomplished in compliance with the Draft Archaeological Sampling Plan as presented in Attachment A. The project may yield confidential results and will definitely require cultural sensitivity on behalf of the contractor. The Draft Archaeological Sampling Plan outlines several conditions (protocols 6 -13) for confidentiality and sensitivity. I. The project may yield confidential results and will definitely require cultural sensitivity on behalf of the contractor. The Archaeological Sampling Plan outlines several conditions (protocols 6 -13) for confidentiality and sensitivity. m. Other excavation implements may be used when the above methods will not allow excavation to continue. All methods must be approved by the City Archeologist prior to excavation. DUST CONTROL This work shall consist of applying water for the control of dust caused by the work. The Contractor shall apply adequate amount of water as necessary to control dust under the direction of the Project Engineer. The City will provide the hydrant, meter and cost of water for the duration of the project. The Contractor shall supply all labor and equipment necessary for dust control within the project site. SOILS HANDLING a. Soil removed from the excavation will be placed in temporary stockpiles on steel sheeting, in rollaways, or other means to prevent mixing excavated soils with surface soils. b. Soil from the top two feet of excavation will be segregated into one pile. c. Soils below two feet depth will be segregated into a separate pile. d. The contractor shall provide temporary sediment and erosion control to prevent migration of the excavated soils throughout the site. e. All equipment shall be treated as contaminated and shall require decontamination to prevent migration of soils throughout the site. f. All stockpiles soil shall be covered to prevent rainwater intrusion. g. If the Contractor chooses, and accepted by City Archaeologist, dry material can be placed in to dump trucks during excavation. CSO Pre Clearance Excavation Project 06 -01 III 10 DEWATERING Groundwater will be encountered in excavations L, M, and N. In these excavations the depth to groundwater is anticipated to be approximately 3 to 5- feet below ground surface. It is anticipated that some perched groundwater may be encountered in excavations A —K. To provide access to the excavations for archaeological and other investigations, the Contractor shall dewater the excavations. Unless there is a sub -water table archaeological discovery there will be no need for de- watering for longer than one day as all excavations will be closed immediately upon completion. Water produced by dewatering operations shall be treated by settling and oil water separation and then discharged to the City of Port Angeles Wastewater Treatment Utility. At a minimum, the settling tank(s) shall have a 20,000 gallon volume, be portable steel construction or approved equal, and the oil -water separator shall be designed in accordance with American Petroleum Institute (API) 421 to remove free and dispersed non emulsified oil at a minimum flow rate of 100 gallons per minute. All construction water discharge operations will be carried out in compliance with the project industrial wastewater discharge permit or application depending on the availability of documents at time of bid. An estimate of dewatering rates is provided in Table 2. I Flow quantity/duration Shoring type I 1 day I 5 days 15 to 70 gallons 10 to45 g shoring per minute gallons per Non-watertight shorin trench box minute Notes: a Rates based on 90 to 100 feet of open trench Treated water meeting water quality standards shall be disposed of at the City Wastewater Treatment Plant by means of trucking, piping, or disposed of at the Rayonier sewer lift station, The Location of the WWTP and Rayonier sewer lift station are shown on the map in Appendix D. Any water not meeting the Wastewater Treatment Plant (WWTP) water quality standards shall be hauled off site to an acceptable receiving place. The Contractor shall be responsible for providing an accurate discharge volume to the City. CSO Pre Clearance Excavation Project 06 -01 III 11 Table 2. Dewatering Rate Estimate HEALTH AND SAFETY Soil and groundwater contamination has occurred at this site from historical mill operations. Consistent with these conditions, the Contractor and Subcontractors shall adhere to applicable federal, state, and local safety and health standards. It is not the responsibility of the City or Owner to develop and /or manage the safety and health programs of Contractors, or in any way assume the responsibility for the safety and health of their employees. Historical mill operations conducted at this site have resulted in known or suspected contamination of soil and groundwater. Rayonier has conducted and is conducting cleanup and removal actions at several locations on the Site under the provisions of an Agreed Order between the Washington Department of Ecology and Rayonier Properties, LLC, and its Predecessor companies. Chemicals of potential concern identified in soil and groundwater at the Site include: Dioxins /furans Polychlorinated biphenyls (PCBs) Semi volatile organic compounds Pesticides Metals Petroleum hydrocarbons Volatile organic compounds. Detailed information regarding the known extent of soil and groundwater contamination is presented in the Supplemental Upland Data Collection Field Investigation Work Plan, Port Angeles Rayonier Mill Site, prepared by Geo Engineers, Inc., July 20, 2010. This document includes information on the following: Property history Previous investigations Previous interim remedial actions The known extent of contamination in soil and groundwater A sample health and safety plan. A copy of the document is available from the City. The Contractor shall prepare a site specific Health and Safety Plan in accordance with Occupational Safety and Health Administration (OSHA) Code of Federal Regulations (CFR) Title 29 Part 1910.120 and submit to the Engineer within seven (7) days of Notice to Proceed. The Contractor's site Health and Safety Plan shall, at a minimum, define procedures for instructing workers in safe work practices, informing workers about health and safety, controlling access to work areas, ensuring that equipment is safely operated, and following other safe work practices specific to this project. t CSO Pre Clearance Excavation Project 06 -01 III 12 I I The Health and Safety Plan shall designate a person who will be responsible for onsite safety and in case of an emergency. The plan shall also include a list of first aid and I medical facilities, including first aid kits, fire extinguishers, and portable eye washes. The Contractor shall require that all site personnel, including visitors, review the Health I and Safety Plan and comply with its requirements. This shall be documented in writing in a log kept on site. I The work site is designated for Level D personal protective equipment as defined by OSHA. At a minimum, all workers shall wear the following personal protective equipment while at the site: I Hard hat Safety glasses I Reflective safety vest Steel -toed boots I Gloves appropriate to work activities. At all times the Contractor shall maintain conditions on the job that are safe for the I Owner, Engineer, Archaeologist, Tribal Monitors, and other personnel required to make site visits to conduct archaeological activities and environmental sampling activities. I TEMPORARY EROSION AND SEDIMENT CONTROL I Work includes protection of adjacent roadways and water bodies and storage and protection of stockpiles to avoid contaminated runoff as defined in the stormwater discharge permit and Section 1- 07.15. I EQUIPMENT CLEANING I All equipment shall be cleaned in a manner that does not allow any potential hazardous constituents to leave the project site. All water and sludge from cleaning equipment shall be contained and stored in a storage tank. Prior to discharging to the POTW all I water must be tested and meet the minimum POTW discharge limits. All equipment shall be inspected by the Project Engineer prior to entering /leaving the project site. I I I I CSO Pre Clearance Excavation I Project 06 -01 III 13 I 1 1 I I I I I I I I 1 1 I I 1 1 I I PW 407_04 Part04.doc [Revised 09/08] PART IV ATTACHMENTS WASHINGTON STATE PREVALING WAGES PW 407_04 Part04 doc [Revised 09/08] ATTACHMENT A Prevailing Wage Rates Information Below: 1. Washington State Prevailing Wage Rates for Public Works Contracts- Journey Level and Apprentices, Clallam County, effect on June 13, 2011. 2. To access applicable prevailing rate of wage by trade, use the following Department of Labor and Industries website link: htty: /www.lni.wa. 2ov/ TradesLicensing /PrevWa2e/WaeeRates /default.asn 3. A copy of the applicable prevailing wage rates can be obtained by contacting Michael Szatlocky, PE, Project Engineer at 360 417 -4808 or by email, mszatlocncitvofna.us. A hard copy is available for viewing in person at 321 East Fifth Street, Port Angeles, WA, 98362 PW 407_04 Part04.doc [Revised 09/08] ATTACHMENT B POST CONTRACT CITY FORMS U� ORT AN \C�` '°"ieei u,,Ke AN,J DATE REPLY REQUESTED: ORIGINATOR SIGNATURE: COMMENTS: PW 407_04 Part04 doc [Revised 09/08] REQUEST FOR INFORMATION (RFI) FORM PROJECT NAME: PROJECT /CONTRACT NUMBER: ORIGINATOR: Owner Contractor ITEM: REFERENCE DRAWING OR SPECIFICATION: DESCRIPTION OF CLARIFICATION /REQUEST: CRITICAL TO SCHEDULE: YES NO DATE. RFI Number: 1. Describe work here 2. Additional work, etc.... Amount with applicable sales tax included APPROVED BY: PROJECT ENGINEER CITY ENGINEER CONTRACTOR PUBLIC WORKS UTILITIES DIRECTOR CITY MANAGER CITY COUNCIL APPROVAL DATE: PW 407_04 Part04.doc [Revised 09/08] CONTRACT CHANGE ORDER (CCO) NO. Project Name Date Contractor Project No. DESCRIPTION OF WORK You are ordered to perform the following described work upon receipt of an approved copy of this Change Order: Such work will be compensated by check one or more of the following as applicable Increase or Decrease in bid items; Force Account; Negotiated Price The described work affects the existing contract items and /or adds and /or deletes bid items as follows: Qty. Unit Cost Per Unit Cost Net Cost Adj. Days Item Description RFI No 1 Ong.I I I °I Rev I I I I 2 Ong I I I I I Rev ORIGINAL CURRENT EST NET CHANGE CONTRACT CONTRACT THIS CHANGE ORDER I* I* DAYS XX I DAYS* YY I DAYS. ZZ TOTAL CHANGE ORDERS, EST CONTRACT AFTER INCLUDING THIS ONE THIS CHANGE ORDER I DAYS* XX +ZZ -YY All work, materials and measurements to be in accordance with the provisions of the original contract and /or the standard specifications and special provisions for the type of construction involved The payments and /or additional time specified and agreed to in this order include every claim by the Contractor for any extra payment or extension of time with respect to the work described herein, including delays to the overall project SIGNATURE: I DAYS: YY+ZZ DATE: s avo Page 1 of 2 TO: City of Port Angeles Public Works Utilities Department P.O. Box 1150 Port Angeles, WA 98362 FROM: PERIOD From: CONTRACTOR'S APPLICATION FOR PAYMENT CSO PRE CLEARANCE EXCAVATION PROJECT NO. 06-01 DATE: PAYMENT REQUEST NO. to [end of period]: STATEMENT OF CONTRACT ACCOUNT 1 Original Contract Amount (Excluding Sales Tax) 2 Total Value of Approved Change Order No(s). (Excluding Sales Tax) 3 Adjusted Contract Amount [1 +2] 4 Value of Work Completed to Date (per attached breakdown) 5 Material Stored on Site (per attached breakdown and material receipts) 6 Subtotal [4 +5] 7 8 4% Sales Tax (at 8.4% of Subtotal), As Applicable 8 Less Amount Retained (at 5% of subtotal) 9 Subtotal [6 +7 -8] 10 Total Previously Paid 11 AMOUNT DUE THIS REQUEST [9 -10] WAIVER OF CLAIMS FOR EXTRA COST OR TIME: The undersigned Applicant waives and releases, up through the date hereof, any and all claims for costs or item extensions arising out of or relating to extra or changed work or delays or acceleration not specifically identified and reserved in the amounts identified below or previously acknowledged in writing by the City of Port Angeles. CERTIFICATE OF THE CONTRACTOR: I hereby certify that the work performed and the materials supplied through the ending period date noted above represent the actual value of accomplishment under the terms of the contract (and all authorized changes) between the Applicant and the City of Port Angeles, relating to the above referenced project, and that the remaining contract balance is sufficient to cover all costs of completing the work in accordance with the contract documents. Continued on Page 2 PW 407_04 Part04.doc [Revised 09/08] I also certify that all lower -tier payments, less applicable retention, have been made by the Applicant for the periods covered by previous payment(s) received by the Applicant to (1) all lower tier subcontractors/ suppliers, and (2) for all materials, equipment and labor used or in connection with the performance of this contract. I further certify that I have complied with all federal, state and local tax laws, including Social Security laws and Unemployment Compensation laws and Workmen's Compensation laws, insofar as applicable to the performance of this work, and have paid all such taxes, premiums and /or assessments arising out of the performance of the work. I further certify that, to the best of my knowledge, information and belief, all work for which previous payment(s) have been received shall be free and clear of liens, claims, security interests and encumbrances in favor of the Contractor, subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the work. Within seven (7) days of receipt of the payment requested herein, all payments, less applicable retention, will be made through the period covered by this pay request to all my lower -tier subcontractors /suppliers and for all materials, equipment, labor, taxes and assessments arising out of the performance of all said lower -tire work. DATED: CONTRACTOR: SIGNATURE: PRINTED NAME AND TITLE: SUBSCRIBED AND SWORN to before me this day of 20 APPROVAL: Project Manager City Engineer CONTRACTOR'S APPLICATION FOR PAYMENT Page 2 of 2 PW 407_04 Part04.doc [Revised 09/08] Notary Public in and for the State of residing at My appointment expires Date Date 171, 44 '0, ARK e Project Number Project Name Subcontractor or Lower Tier Subcontractor To be signed by proposed subcontractor or lower tier subcontractor I certify the above statement to be true and correct. Company By Title Contractor Certification To be completed and signed by the contractor I certify the above statements under Contractor Certification to be true and correct. Company By Date Title PW 040725 [New 07/05] Contractor and Subcontractor or Lower Tier Subcontractor Certification for City of Port Angeles Projects (Required for each Subcontractor or Lower Tier Subcontractor on all projects) The contract documents for this subcontract include the minimum prevailing wage rates. Date 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. The contract documents for (1) or (2) marked above include the minimum prevailing wage rates. I I I I I SITE MAP AND PROJECT DETAILS II 1 I I 1 1 I I I PW 407_04 Part04 doc [Revised 09/08] ATTACHMENT C N NM NM MI MI MI MI MN OM MO OM NM I NM MI MI Plot Dote: JUNE 2011 Revision Date: JUNE 2011 File: x O m M mO n o CDZ H Z o JO m (1) Z om gy 0 mO> a3 Cm O0jj 'mm (xi HI N O 0 Z 0 m Phase 1 Spring Testing Program 4M TANK TEST PITS SCALE CITY OF PORT ANGELES PUBLIC WORKS 321 E. 5TH STREET P.O. BOX 1151 PORT ANGELES, WASHINGTON, 98362 PHONE: (360) 457 -0411 II. Ole III. Ole 101 4 t 'tt ROIDatelli. IIIIIIII 4› -0. "at f .1.., A Z \I. q _i, '",..,1'. .4ili. A 4 4 "'`...t..' 1 C2A' t t '+-"W't 41 44 SO Phase 1 Spring Testing Program IAN LINE 'TEST 'TRENCHES r Cm( OF PUB 321 E. 5TH SIRE 90 ANGELES PHONE: I I I I I I I I I I I I I I I I 1 I I PW 407_04 Part04.doc [Revised 09/08] ATTACHMENT D AMENDMENTS TO THE STANDARD SPECIFICATIONS I I I I I I I I 1 I I I I I I I I I I 1 INTRO.AP1 2 INTRODUCTION 3 The following Amendments and Special Provisions shall be used in conjunction with the 4 2010 Standard Specifications for Road, Bridge, and Municipal Construction. 5 6 AMENDMENTS TO THE STANDARD SPECIFICATIONS 7 8 The following Amendments to the Standard Specifications are made a part of this contract 9 and supersede any conflicting provisions of the Standard Specifications. For informational 10 purposes, the date following each Amendment title indicates the implementation date of the 11 Amendment or the latest date of revision. 12 13 Each Amendment contains all current revisions to the applicable section of the Standard 14 Specifications and may include references which do not apply to this particular project. 15 16 1- 01.AP1 17 SECTION 1 -01, DEFINITIONS AND TERMS 18 August 2, 2010 19 1- 01.2(1) Associations and Miscellaneous 20 The abbreviation and definition "AREA American Railway Engineering Association" is 21 replaced with the following: 22 23 AREMA American Railway Engineering and Maintenance Association 24 25 1 -02.AP 1 26 SECTION 1 -02, BID PROCEDURES AND CONDITIONS 27 January 4, 2010 28 1 -02.7 Bid Deposit 29 In the first paragraph, the third sentence is revised to read: 30 31 For projects scheduled for bid opening in Olympia, the proposal bond may be in hard 32 copy or electronic format via Surety2000.com or Insurevision.com and BidX.com. 33 34 1 -02.9 Delivery of Proposal 35 In the first paragraph, the first sentence is revised to read: 36 37 For projects scheduled for bid opening in Olympia, each Proposal shall be sealed and 38 submitted in the envelope provided with it, or electronically via Expedite software and 39 BidX.com at the location and time identified in Section 1- 02.12. 40 41 The following new paragraph is inserted after the first paragraph: 42 43 For projects scheduled for bid opening in the Region, each Proposal shall be sealed and 44 submitted in the envelope provided with it, at the location and time identified in Section 1- 45 02.12. The Bidder shall fill in all blanks on this envelope to ensure proper handling and 46 delivery. 47 JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 1 1 1-06.AP1 2 SECTION 1 -06, CONTROL OF MATERIALS 3 January 3, 2011 4 1 -06.1 Approval of Materials Prior to Use 5 This section is supplemented with the following new sub section: 6 7 1- 06.1(4) Fabrication Inspection Expense 8 In the event the Contractor elects to have items fabricated beyond 300 miles from 9 Seattle, Washington the Contracting Agency will deduct from payment due the 10 Contractor costs to perform fabrication inspection on the following items: 11 12 Steel Bridges and Steel Bridge components 13 Cantilever Sign Structures and Sign Bridges 14 Prestressed Concrete Girders and Precast Bridge Components 15 Cylindrical, Disc, Pin, and Spherical Bearings 16 Modular Expansion Joints 17 Epoxy Coated Reinforcing Steel 18 Painted and Powder Coated Luminaire and Signal Poles 19 Additional items as may be determined by the Engineer 20 21 The deductions for fabrication inspection costs will be as shown in the Payment Table 22 below. 23 I Zone Place of Fabrication I Reduction in Payment 1 Within 300 airline miles None from Seattle 2 Between 300 and 3,000 $700.00 per *inspection day airline miles from Seattle 3 Over 3,000 airline miles $1,000 per *inspection day, from Seattle but not less than $2,500 per trip 24 *Note An inspection day includes any calendar day or portion of a calendar day 25 spent inspecting at or traveling to and from a place of fabrication. 26 27 Where fabrication of an item takes place in more than one zone, the reduction in 28 payment will be computed on the basis of the entire item being fabricated in the furthest 29 of zones where any fabrication takes place on that item. 30 31 The rates for Zone 2 and 3 shall be applied for the full duration time of all fabrication 32 inspection activities to include but not limited to; plant approvals, prefabrication meetings, 33 fabrication, coatings and final inspection. 34 JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 2 1 1 1 1- 06.2(2)A General 2 Table 2 "Pay Factors" on page 1 -39 is revised to read: 3 Table 2 Pay Factors PAY FACTOR I Minimum Required Percent of Work Within Specification Limits for a Given Factor (PU PL)— 100 Category n_3 n_4 n_5 n_6 n =7 n=8 n =9 n =10 n=12 n =15 n=18 n_23 n_30 n_43 n_67 to to to to to to to to n =11 n =14 n =17 n =22 n =29 n =42 n =66 105 100 100 100 100 100 100 100 100 100 100 1 04 100 99 97 95 96 96 96 97 97 97 97 1 03 100 98 96 94 92 93 93 94 95 95 96 96 1 02 99 97 94 91 89 90 91 92 93 93 94 94 1 01 100 100 100 98 95 92 89 87 88 89 90 91 92 92 93 1 00 69 75 78 80 82 83 84 85 86 87 88 89 90 91 92 0 99 66 72 76 78 80 81 82 83 84 85 86 87 89 90 91 0 98 64 70 74 76 78 79 80 81 82 84 85 86 87 88 90 0 97 63 68 72 74 76 77 78 79 81 82 83 84 86 87 88 0 96 61 67 70 72 74 75 76 78 79 81 82 83 84 86 87 0 95 59 65 68 71 72 74 75 76 78 79 80 82 83 84 86 0 94 58 63 67 69 71 72 73 75 76 78 79 80 82 83 85 0 93 57 62 65 67 69 71 72 73 75 76 78 79 80 82 84 0 92 55 60 63 66 68 69 70 72 73 75 76 78 79 81 82 0 91 54 59 62 64 66 68 69 70 72 74 75 76 78 79 81 0 90 53 57 61 63 65 66 67 69 71 72 74 75 77 78 80 0 89 51 56 59 62 63 65 66 68 69 71 72 74 75 77 79 0 88 50 55 58 60 62 64 65 66 68 70 71 73 74 76 78 0 87 49 53 57 59 61 62 63 65 67 68 70 71 73 75 77 0 86 48 52 55 58 59 61 62 64 66 67 69 70 72 74 76 (Continued) 4 5 6 7 Table 2 "Pay Factors" on page 1 -40 is revised to read: 8 Table 2 Pay Factors (continued) PAY FACTOR I Minimum Required Percent of Work Within Specification Limits for a Given Factor (P„ PJ 100 Category n=3 n =4 n =5 n =6 n =7 n =8 n =9 n =10 n =12 n =15 n =18 n =23 n =30 n =43 n =67 to to to to to to to to n =11 n =14 n =17 n =22 n =29 n =42 n =66 0 85 46 51 54 56 58 60 61 62 64 66 67 69 71 72 75 0 84 45 49 53 55 57 58 60 61 63 65 66 68 70 71 73 0 83 44 48 51 54 56 57 58 60 62 64 65 67 69 70 72 0 82 43 47 50 53 54 56 57 59 61 62 64 66 67 69 71 0 81 41 46 49 51 53 55 56 58 59 61 63 64 66 68 70 0 80 40 44 48 50 52 54 55 56 58 60 62 63 65 67 69 0 79 39 43 46 49 51 52 54 55 57 59 61 62 64 66 68 0 78 38 42 45 48 50 51 52 54 56 58 59 61 63 65 67 0 77 36 41 44 46 48 50 51 53 55 57 58 60 62 64 66 0 76 35 39 43 45 47 49 50 52 54 56 57 59 61 63 65 0 75 33 38 42 44 46 48 49 51 53 54 56 58 60 62 64 REJECT Values Less Than Those Shown Above Reject Quality Levels Less Than Those Specified for a 0 75 Pay Factor Note If the value of (P„ P,) 100 does not correspond to a (P„ P,) 100 value in this table, use the next smaller (P, P,) 100 value 9 10 1 -1 1- 07.AP1 12 SECTION 1 -07, LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 13 January 3, 2011 14 1 -07.2 Sales Tax 15 The third sentence in the first paragraph is revised to read: JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9 /2011 3 1 2 The Contractor shall contact the Contract Payment section of the Division of Accounting 3 Financial Services of the Department of Transportation, Olympia WA for questions on 4 sales tax. 5 6 The first sentence in the third paragraph is revised to read: 7 8 The Contracting Agency will pay the retained percentage only if the Contractor has 9 obtained from the State Department of Revenue a certificate showing that all Contract 10 related taxes have been paid (RCW 60.28.051). 11 12 1 07.9(1) General 13 The second sentence in the fourth paragraph is revised to read: 14 15 When the project involves highway Work, heavy Work and building Work, the Contract 16 Provisions may list a Federal wage and fringe benefit rate for the highway Work, a 17 separate Federal wage and fringe benefit rate for both the heavy Work and the building 18 Work. 19 20 1 07.13(4) Repair of Damage 21 The last sentence in the first paragraph is revised to read: 22 23 For damage qualifying for relief under Sections 1- 07.13(1), 1- 07.13(2), 1- 07.13(3), or 8- 24 17.5, payment will be made in accordance with Section 1 -09 4 using the estimated Bid 25 item "Reimbursement for Third Party Damage 26 27 1 07.14 Responsibility for Damage 28 The third, fourth and fifth paragraphs are revised to read: 29 30 Subject to the limitations in this section and RCW 4.24.115 the Contractor shall 31 indemnify, defend, and save harmless the State, Governor, Commission, Secretary, and 32 all officers and employees of the State from all claims, suits, or actions brought for 33 injuries to, or death of, any persons or damages resulting from construction of the Work 34 or in consequence of any negligence or breach of contract regarding the Work, or the 35 use of any improper materials in the Work, caused in whole or in part by any act or 36 omission by the Contractor or the agents or employees of the Contractor during 37 performance or at any time before final acceptance. In addition to any remedy authorized 38 by law, the State may retain so much of the money due the Contractor as deemed 39 necessary by the Engineer to ensure indemnification until disposition has been made of 40 such suits or claims. 41 42 Subject to the limitations in this section and RCW 4.24.115, the Contractor shall 43 indemnify, defend, and save harmless any county, city, or region, its officers, and 44 employees connected with the Work, within the limits of which county, city, or region the 45 Work is being performed, all in the same manner and to the same extent as provided 46 above for the protection of the State, its officers and employees, provided that no 47 retention of money due the Contractor be made by the State except as provided in RCW 48 60.28, pending disposition of suits or claims for damages brought against the county, 49 city, or district 50 51 Pursuant to RCW 4.24.115, where such claims, suits, or actions result from the 52 concurrent negligence of (a) the indemnitee or the indemnitee's agents or employees JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 4 I I I I I I I I I I I I I I I I I I I 1 and (b) the Contractor or the Contractor's agent or employees, the indemnity provisions 2 provided in the preceding paragraphs of this section shall be valid and enforceable only 3 to the extent of the Contractor's negligence or the negligence of its agents and 4 employees. 5 6 This section is supplemented with the following: 7 8 THE CONTRACTOR SPECIFICALLY ASSUMES ALL POTENTIAL LIABILITY FOR 9 ACTIONS BROUGHT BY EMPLOYEES OF THE CONTRACTOR AND, SOLELY FOR 10 THE PURPOSE OF ENFORCING THE DEFENSE AND INDEMNIFICATION 11 OBLIGATIONS SET FORTH IN SECTION 1- 07.14, THE CONTRACTOR 12 SPECIFICALLY WAIVES ANY IMMUNITY GRANTED UNDER THE STATE 13 INDUSTRIAL INSURANCE LAW, RCW TITLE 51. THIS WAIVER HAD BEEN 14 MUTUALLY NEGOTIATED BY THE PARTIES. THE CONTRACTOR SHALL 15 SIMILARLY REQUIRE THAT EACH SUBCONTRACTOR IT RETAINS IN 16 CONNECTION WITH THE PROJECT COMPLY WITH THE TERMS OF THIS 17 PARAGRAPH, WAIVE ANY IMMUNITY GRANTED UNDER RCW TITLE 51 AND 18 ASSUME ALL LIABILITY FOR ACTIONS BROUGHT BY EMPLOYEES OF THE 19 SUBCONTRACTOR. 20 21 1 07.15 Temporary Water Pollution /Erosion Control 22 The fourth paragraph is deleted. 23 24 1 07.15(1) Spill Prevention, Control and Countermeasures Plan 25 The third sentence in the first paragraph is revised to read: 26 27 No on -site construction activities may commence until the Contracting Agency accepts a 28 SPCC Plan for the project. 29 30 In item number 10, the first paragraph below the pay item "SPCC Plan," lump sum is revised 31 to read: 32 33 When the written SPCC Plan is accepted by the Contracting Agency, the Contractor 34 shall receive 50- percent of the lump sum Contract price for the plan. 35 36 1 07.16(2) Vegetation Protection and Restoration 37 The second paragraph is revised to read: 38 39 Damage which may require replacement of vegetation includes torn bark stripping, 40 broken branches, exposed root systems, cut root systems, poisoned root systems, 41 compaction of surface soil and roots, puncture wounds, drastic reduction of surface roots 42 or leaf canopy, changes in grade greater than 6- inches, or any other changes to the 43 location that may jeopardize the survival or health of the vegetation to be preserved. 44 45 The third paragraph is revised to read. 46 47 When large roots of trees designated to be saved are exposed by the Contractor's 48 operation, they shall be wrapped with heavy, moist material such as burlap or canvas for 49 protection and to prevent excessive drying. The material shall be kept moist and securely 50 fastened until the roots are covered to finish grade. All material and fastening material 51 shall be removed from the roots before covering. All roots 1 -inch or larger in diameter, 52 which are damaged, shall be pruned with a sharp saw or pruning shear. Damaged, torn, JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 5 1 or ripped bark shall be removed as designated by the Engineer at no additional cost to 2 the Contracting Agency. 3 4 The fourth paragraph is revised to read: 5 6 Any pruning activity required to complete the Work as specified shall be performed by a 7 Certified Arborist as designated by the Engineer. 8 9 1 -07.18 Public Liability and Property Damage Insurance 10 This section is deleted in its entirety and replaced with the following: 11 12 1 07.18 Public Liability and Property Damage Insurance 13 The Contractor shall obtain and keep in force the following policies of insurance. The 14 policies shall be with companies or through sources approved by the State Insurance 15 Commissioner pursuant to Chapter 48.05, RCW. Unless otherwise indicated below, the 16 policies shall be kept in force from the execution date of the Contract until the date of 17 acceptance by the Secretary (Section 1- 05.12). 18 19 1. Owners and Contractors Protective (OCP) Insurance providing bodily injury and 20 property damage liability coverage with limits of $3,000,000 per occurrence and, 21 per project, in the aggregate for each policy period, written on Insurance Services 22 Office (ISO) form CG0009 1204, together with Washington State Department of 23 Transportation amendatory endorsement CG 2908 1195, specifying the Contracting 24 Agency, the State, the Governor, the Commission, the Secretary the Department 25 and all officers and employees of the State as named insured. 26 27 2. Commercial General Liability (CGL) Insurance written under ISO Form CG0001 or 28 its equivalent with minimum limits of $3,000,000 per occurrence and in the 29 aggregate for each one year policy period. This coverage may be any combination 30 of primary, umbrella or excess liability coverage affording total liability limits of not 31 less than $3,000,000 per occurrence and in the aggregate. Products and 32 completed operations coverage shall be provided for a period of three years 33 following Substantial Completion of the Work. 34 35 3. Commercial Automobile Liability Insurance providing bodily injury and property 36 damage liability coverage for all owned and nonowned vehicles assigned to or used 37 in the performance of the Work with a combined single limit of not less than $1,000, 38 000 each occurrence. This coverage may be any combination of primary, umbrella 39 or excess liability coverage affording total liability limits of not less than $1,000,000 40 per occurrence with the State named as an additional insured or designated 41 insured in connection with the Contractor's Performance of the Contract. If 42 pollutants are to be transported, MCS 90 and CA 99 48 endorsements are required 43 on the Commercial Automobile Liability insurance policy unless in- transit pollution 44 risk is covered under a Pollution Liability insurance policy. 45 46 4. The Contractor shall be Named Insured and the Contracting Agency, the State, the 47 Governor, the Commission, the Secretary, the Department, all officers and 48 employees of the State, and their respective members, directors, officers, 49 employees, agents and consultants (collectively the "Additional Insureds shall be 50 included as Additional Insureds for all policies and coverages specified in this 51 Section, with the exception of the OCP policy. Said insurance coverage shall be 52 primary and non contributory insurance with respect to the insureds and the JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9 /2011 6 I I I I 1 I I I I I I I I t I I 1 I I 1 Additional Insureds. Any insurance or self- insurance beyond that specified in this 2 Contract that is maintained by any Additional Insured shall be in excess of such 3 insurance and shall not contribute with it. All insurance coverage required by this 4 Section shall be written and provided by "occurrence- based" policy forms rather 5 than by "claims made" forms. 6 7 All endorsements adding Additional Insureds to required policies shall be issued on 8 (i) form CG 20 10 11 85 or a form deemed equivalent by the Contracting Agency, 9 providing the Additional Insureds with all policies and coverages set forth in this 10 Section, with the exception of the OCP and Commercial Auto policies or (ii) form CA 11 20 48 or forms deemed equivalent by Contracting Agency, providing the Additional 12 Insureds with all coverage's required under the Commercial Automobile Liability. 13 14 5. The coverage limits to be provided by Contractor for itself and to the Contracting 15 Agency and Additional Insureds pursuant to this section or any Special Provision, 16 shall be on a "per project" aggregate basis with the minimum limits of liability as set 17 forth herein for both general liability and products /completed operations claims. 18 The additional insured coverage required under this Section for products /completed 19 operations claims shall remain in full force and effect for not less than three years 20 following Substantial Completion of the project. If the Contractor maintains, at any 21 time, coverage limits for itself in excess of limits set forth in this Section 1 -07.18 or 22 any Special Provision, then those additional coverage limits shall also apply to the 23 Contracting Agency and the Additional Insureds. This includes, but is not limited to, 24 any coverage limits provided under any risk financing program of any description, 25 whether such limits are primary, excess, contingent or otherwise. 26 27 6. All insurance policies and coverage's required under Section 1 -07.18 and Section 28 1 -07.10 shall contain a waiver of subrogation against the Contracting Agency the 29 State, any Additional Insured and their respective departments, agencies, boards, 30 and commissions and their respective officers, officials, agents, and employees for 31 losses arising from Work performed by or on behalf of the Contractor. This waiver 32 has been mutually negotiated by the parties. 33 34 7. Where applicable, the Contractor shall cause each Subcontractor to provide 35 insurance that complies with all applicable requirements of the Contractor provided 36 insurance as set forth herein, in circumstances where the Subcontractor is not 37 covered by the Contractor provided insurance. The Contractor shall have sole 38 responsibility for determining the limits of coverage required, if any, to be obtained 39 by Subcontractors, which determination shall be made in accordance with 40 reasonable and prudent business practices In the event that a Subcontractor is 41 required to add the Contractor as an additional insured pursuant to its contract for 42 Work at the Project, -then the Contractor shall also cause each Subcontractor to 43 include the Contracting Agency and the Additional Insureds as additional insureds 44 as well, for primary and non contributory limits of liability under each 45 Subcontractor's Commercial General Liability, Commercial Automobile Liability 46 and, any other coverage's which may be required pursuant to a "Special Provision" 47 48 8. Unless specifically noted otherwise in the Contract Documents, the parties to this 49 Contract do not intend by any of the provisions of this Contract to cause the public 50 or any member thereof or any other Person to be a third party beneficiary of the 51 Contract Documents. Nothing in this Contract authorizes anyone not a party to this 52 Contract or a designated third party beneficiary to this Contract to maintain a suit JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 7 1 for personal injuries or property damage pursuant to the terms or provisions of this 2 Contract. It is the further intent of the Contracting Agency and the Contractor in 3 executing the Form of Contract that no individual, firm, corporation or any 4 combination thereof which supplies materials, labor, services, or equipment to the 5 Contractor for the performance of the Work shall become thereby a third party 6 beneficiary of this Contract. 7 8 The Contract Documents shall not be construed to create a contractual relationship 9 of any kind between the Contracting Agency and a Subcontractor or any other 10 Person except the Contractor. 11 12 9. The Owners and Contractors Protective Insurance policy shall not be subject to a 13 deductible or contain provisions for a deductible. The Commercial General Liability 14 policy and the Commercial Automobile Liability Insurance policy may, at the 15 discretion of the Contractor, contain such provisions If a deductible applies to any 16 claim under these policies, then payment of that deductible will be the responsibility 17 of the Contractor, notwithstanding any claim of liability against the Contracting 18 Agency. However in no event shall any provision for a deductible provide for a 19 deductible in excess of $50,000.00. 20 21 10. With the exception of the Commercial Automobile liability coverage, no policies of 22 insurance required under this Section shall contain an arbitration or alternative 23 dispute resolution clause applicable to disputes between the insurer and its 24 insureds. Any and all disputes concerning (i) terms and scope of insurance 25 coverage afforded by the policies required hereunder and /or (ii) extra contractual 26 remedies and relief which may be afforded policy holders in connection with 27 coverage disputes, shall be resolved in Washington Superior Court, applying 28 Washington law. 29 30 11. Prior to Contract execution, the Contractor shall file with the Department of 31 Transportation, Contract Payment Section, P.O. Box 47420, Olympia, WA 98504- 32 7420, ACORD Form Certificates of Insurance evidencing the minimum insurance 33 coverages required under these Specifications. Within 30 days of being awarded a 34 Contract, the Contractor shall provide the Department with complete copies, which 35 may be electronic copies, of all insurance policies required under this section and 36 any Special Provisions. 37 38 12. The Contractor shall provide written notice to the Engineer of any policy 39 cancellations and provide the Department of Transportation, Contract Payment 40 Section, P.O Box 47420 Olympia, WA 98504 -7420, by U.S Mail, notice of any 41 policy cancellation within two business days of receipt of cancellation. 42 43 13. Failure on the part of the Contractor to maintain the insurance as required, or to not 44 provide certification and copies of the insurance prior to the time specified in 45 subsection 11 above, shall constitute a material breach of Contract upon which the 46 Contracting Agency may, after giving 5- business days notice to the Contractor to 47 correct the breach, immediately terminate the Contract or, at its discretion, procure 48 or renew such insurance and pay any and all premiums in connection therewith, 49 with any sums so expended to be repaid to the Contracting Agency on demand, or 50 at the sole discretion of the Contracting Agency, offset against funds due the 51 Contractor from the Contracting Agency. All costs for insurance, including any JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9 /2011 8 payments of deductible amounts, shall be considered incidental to and included in I i 2 the unit Contract prices and no additional payment will be made 3 4 1-08.AP1 I 5 SECTION 1 -08, PROSECUTION AND PROGRESS 6 January 3, 2011 1 7 1 -08.1 Subcontracting 8 The second and third sentences in the eighth paragraph are revised to read: 9 I 10 This Certification shall be submitted to the Project Engineer on WSDOT form 421 -023, 11 "Quarterly Report of Amounts Paid as MBE/WBE Participants quarterly for the State 12 fiscal quarters: January 1 through March 31, April 1 through June 30, July 1 through September 30, October 1 through December 31, and for any remaining portion of a I 13 14 quarter through Physical Completion of the Contract. The report is due 20 calendar days 15 following the fiscal quarter end or 20- calendar days after Physical Completion of the 16 Contract. I 17 18 The last sentence in the ninth paragraph is revised to read: 19 I 20 21 When required, this "Quarterly Report of Amounts Credited as DBE Participation" is in lieu of WSDOT form 421 -023, "Quarterly Report of Amounts Paid as MBE/WBE 22 Participants 23 I 24 1 -08.5 Time for Completion 25 The last two sentences in the first paragraph are revised to read: 26 I 27 When any of these holidays fall on a Sunday, the following Monday shall be counted a 28 nonworking day. When the holiday falls on a Saturday, the preceding Friday shall be 29 counted a nonworking day. The days between December 25 and January 1 will be I 30 classified as nonworking days. 31 32 Item number 2.c. in the sixth paragraph is revised to read: I 33 34 c. Quarterly Reports of Amounts Paid as MBENVBE Participants, or Quarterly Reports 35 of Amounts Credited as DBE Participation, as required by the Contract Provisions. 36 I 37 1- 09.AP1 38 SECTION 1 -09, MEASUREMENT AND PAYMENT 39 January 3, 2011 1 40 1- 09.2(1) General Requirement for Weighing Equipment 41 This section is revised to read: I 42 43 Unless specified otherwise, any Highway or Bridge construction materials to be 44 proportioned or measured and paid for by weight shall be weighed on a scale. 45 1 46 Scales 47 Scales shall: 48 I 49 1. be accurate to within 0.5- percent of the correct weight throughout the range of 50 use, I JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 9 1 2 2. not include spring balances; 3 4 3. include beams, dials, or other reliable readout equipment; 5 6 4. be built to prevent scale parts from binding, vibrating, or being displaced and to 7 protect all working parts and; 8 9 5. be carefully maintained, with bunkers and platforms kept clear of accumulated 10 materials that could cause errors. 11 12 Scale Operations 13 Contractor provided scale operations are defined as operations where a scale is set up 14 by the Contractor specifically for the project and most, if not all, material weighed on the 15 scale is utilized for Contract Work. In this situation, the Contractor shall provide a person 16 to operate the project scale, write tickets, perform scale checks and prepare reports. 17 18 Commercial scale operations include the use of established scales used to sell materials 19 to the public on a regular basis. In addition, for the purposes of this specification, all 20 batch, hopper, and belt scales are considered to be commercial scales. When a 21 commercial scale is used as the project scale, the Contractor may utilize a commercial 22 scale operator provided it is at no additional cost to the contracting agency. 23 24 In addition, the Contractor shall ensure that: 25 26 1. the Engineer is allowed to observe the weighing operation and check the daily 27 scale weight record; 28 29 2. scale verification checks are performed at the direction of the Contracting 30 Agency (see Section 1- 09.2(5)); 31 32 3. several times each day, the scale operator records and makes certain the 33 platform scale balances and returns to zero when the load is removed, and 34 35 4. test results and scale weight records for each day's hauling operations are 36 provided to the Engineer daily. Unless otherwise approved, reporting shall 37 utilize form 422 -027, Scaleman's Daily Report. 38 39 Trucks and Tickets 40 Each truck to be weighed shall bear a unique identification number. This number shall 41 be legible and in plain view of the scale operator. Each vehicle operator shall obtain a 42 weigh or load ticket from the scale operator. The Contracting Agency will provide item 43 quantity tickets for scales that are not self printing. The Contractor shall provide tickets 44 for self printing scales. All tickets shall, at a minimum, contain the following information: 45 46 1. date of haul; 47 48 2. contract number, 49 50 3. contract unit Bid item; 51 52 4. unit of measure; JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 10 I I I I I I I I I 1 I I I I I I I I I 1 2 5. identification number of hauling vehicle; and 3 4 6. weight delivered 5 6 a. net weight in the case of batch and hopper scales 7 8 b. gross weight, tare and net weight in the case of platform scales (tare may 9 be omitted if a tare beam is used) 10 11 c. approximate load out weight in the case of belt conveyor scales 12 13 The vehicle operator shall deliver the ticket in legible condition to the material receiver at 14 the material delivery point. The material delivery point is defined as the location where 15 the material is incorporated into the permanent Work. 16 17 1 09.2(2) Specific Requirements for Batching Scales 18 In the first paragraph, the last sentence is revised to read: 19 20 Batching scales used for Portland Cement concrete or hot mix asphalt shall not be used 21 for batching other materials. 22 23 1 09.2(3) Specific Requirements for Platform Scales 24 In the first paragraph, the last sentence is revised to read 25 26 A tare weight shall be taken of each hauling vehicle at least once daily. 27 28 The third paragraph is deleted. 29 30 1 09.2(5) Measurement 31 This section is revised to read: 32 33 Scale Verification Checks 34 The Engineer will verify the accuracy of each batch, hopper or platform scale. The 35 frequency of verification checks will be such that at least one test weekly is performed for 36 each weighed contract item of work being performed during that week. 37 38 Verification checks may not be routinely conducted quantities of weighed material who's 39 estimated proposal quantity, multiplied by its unit price, has a value of less than $20,000. 40 41 The verification will consist of one of the following methods and be at the Contractor's 42 option: 43 44 1. Weigh a loaded truck on a separate certified platform scale designated by the 45 Contractor, for the purpose of scale verification. 46 47 2. Weigh a vehicle that weighs at least 10,000 pounds on a separate certified 48 scale and then check the project scale with it. 49 50 3. Establish a certified fixed load weighing at least 10,000 pounds as a check 51 weight. The certification shall consist of an affidavit affirming the correct 52 weight of the fixed load. JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9 /2011 11 1 2 Should the scale verification check reveal a weight difference of more than 0.5- percent, a 3 second scale verification check shall be performed immediately. If the weight differences 4 of both comparison checks exceed the 0.5- percent limit, the Contractor shall immediately 5 stop weighing and the scale shall be recertified at the Contractor's expense. 6 7 Belt Scales 8 To test the accuracy of a belt- conveyor scale, the Contractor shall weigh five or more 9 payloads from sequential hauling units and compare these weights with weights of the 10 same payloads taken on a separate certified platform scale. If the test results fluctuate, 11 the Engineer may require more than five check loads. Conveyor weights will be based 12 on tonnage values taken from the sealed odometer at the beginning and end of each 13 check period. 14 15 If scale verification checks show the scale has been under weighing, it shall be adjusted 16 immediately. 17 18 If scale verification checks show the scale has been overweighing, its operation will 19 cease immediately until adjusted. 20 21 Minor Construction Items 22 If the specifications and plans require weight measurement for minor construction items, 23 the Contractor may request permission to convert volume to weight If the Engineer 24 approves, an agreed factor may be used to make this conversion and volume may be 25 used to calculate the corresponding weight for payment. 26 27 1 09.2(6) Payment 28 This section is revised to read: 29 30 Unless specified otherwise the Contracting Agency will pay for no materials received by 31 weight unless they have been weighed as required in this section or as required by 32 another method the Engineer has approved in writing. 33 34 The Contractor shall not be compensated for any loss from under weighing that is 35 revealed by scale verification checks. 36 37 If scale verification checks reveal that the scale is over weighing, then payment for all 38 material weighed since the last valid scale verification check will be adjusted. The 39 contracting agency will calculate the combined weight of all materials weighed after the 40 last verification check showing accurate results. This combined weight will then be 41 reduced for payment by the percentage of scale error that exceeds 0.5- percent unless 42 the Contractor demonstrates to the satisfaction of the Engineer that the defect in the 43 scale was present for a lesser period of time. 44 45 Unit contract prices for the various pay items of the project cover all costs related to 46 weighing and proportioning materials for payment. These costs include but are not 47 limited to: 48 49 furnishing, installing, certifying, and maintaining scales; 50 51 providing a weigher to_ operate a Contractor provided scale; 52 JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9 /2011 12 I I I I I 1 providing a weigher to operate a commercial scale, if necessary; 2 3 providing self printing tickets, if necessary; 4 I 5 6 rerouting a truck for verification weighing; 7 assisting the Engineer with scale verification checks; 1 8 9 any other related costs associated with meeting the requirements of this 10 section. I 11 12 1 -09.9 Payments 13 The first paragraph is revised to read: 14 I 15 The basis of payment will be the actual quantities of Work performed according to the 16 Contract and as specified for payment. 17 18 The Contractor shall submit a breakdown of the cost of lump sum Items to enable the 19 Project Engineer to determine the Work performed on a monthly basis. Lump sum item 20 breakdowns shall be submitted prior to the first progress payment that includes payment 21 for the Bid Item in question. A breakdown is not required for lump sum items that include 22 a basis for incremental payments as part of the respective Specification. Absent a lump 23 sum breakdown the Project Engineer will make a determination based on information 24 available. The Project Engineer's determination of the cost of work shall be final. 25 26 In the third paragraph, the second sentence is deleted. 27 I 28 1 09.11(1)A Disputes Review Board Membership 29 This section is supplemented with the following new paragraph: 30 31 The Contracting Agency and Contractor shall indemnify and hold harmless the Board 32 Members from and against all claims, damages, losses and expenses, including but not 33 limited to attorney's fees arising out of and resulting from the actions and 1 34 recommendations of the Board. 35 36 1- 10.AP1 37 SECTION 1 -10, TEMPORARY TRAFFIC CONTROL I 38 January 3, 2011 39 In Division 1 -10, all references to "truck mounted" are revised to read "transportable 40 41 1 10.2(3) Conformance to Established Standards 42 The reference "(TMA's)" in the paragraph that starts with "Category 3" is deleted. 43 44 1 10.3(2)C Lane Closure Setup/Takedown 45 Item number 1 in the first paragraph is revised to read: 46 47 1. If the Plans show a portable changeable message sign, it shall be established in 48 advance of the operation; far enough back to provide warning of both the operation 49 and any queue of traffic that has formed during the operation. 50 I I I JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 13 1 In the second paragraph, the reference to "TMA/arrow board" is revised to read 2 "transportable attenuator /arrow board 3 4 1 10.3(3)A Construction Signs 5 In the fourth paragraph "height" is replaced with "top of the ballast 6 7 1- 10.3(3)J Truck Mounted Attenuator 8 The title for this section is revised to read. 9 10 1- 10.3(3)J Transportable Attenuator 11 12 In the second and fourth paragraphs, the references to "TMA" are revised to read 13 "Transportable Attenuator 14 15 In the first paragraph, the first sentence is revised to read: 16 17 Where shown on an approved traffic control plan or where ordered by the Engineer, the 18 Contractor shall provide, operate, and maintain transportable impact attenuators as 19 required in Section 9- 35.12. 20 21 In the third paragraph, the reference to "truck's" is revised to read "host vehicle's 22 23 1 10.4(2) Item Bids with Lump Sum for Incidentals 24 All references to "Truck Mounted Impact Attenuator(s)" are revised to read "Transportable 25 Attenuator(s)". 26 27 In the eighth paragraph, the first sentence is revised to read: 28 29 "Transportable Attenuator" will be measured per each one time only for each host vehicle 30 with mounted or attached impact attenuator u on the project. 31 32 In the last sentence of the ninth paragraph, the reference to "TMA" is replaced with 33 "transportable attenuator". 34 35 1 10.5(2) Item Bids with Lump Sum for Incidentals 36 All references to "truck mounted impact attenuator(s)" are revised to read "transportable 37 attenuator(s)". 38 39 2- 01.AP2 40 SECTION 2 -01, CLEARING, GRUBBING, AND ROADSIDE CLEANUP 41 April 5, 2010 42 2- 01.3(2) Grubbing 43 In the first paragraph Item 2. e. is revised to read: 44 45 e. Upon which embankments will be placed except stumps may be close -cut or 46 trimmed as allowed in Section 2- 01.3(1) item 3. 47 JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 14 I 1 I 1 I I I I I I 1 1 1 I I I I I I 1 2- 02.AP2 2 SECTION 2 -02, REMOVAL OF STRUCTURES AND OBSTRUCTIONS 3 January 4, 2010 4 2 -02.3 Construction Requirements 5 The fourth paragraph is revised to read: 6 7 The Contractor may dispose of waste material in Contracting Agency owned sites if the 8 Special Provisions or the Engineer permits it. Otherwise, the Contractor shall arrange to 9 dispose of waste at no expense to the Contracting Agency and the disposal shall meet 10 the requirements of Section 2- 03.3(7)C. 11 12 2- 09.AP2 13 SECTION 2 -09, STRUCTURE EXCAVATION 14 January 3, 2011 15 2- 09.3(1)E Backfilling 16 The sixth paragraph is revised to read: 17 18 The water /cement ratio shall be calculated on the total weight of cementitious material. 19 Cementitious materials are those listed in Section 5 -05.2. 20 21 2 09.3(2) Classification of Structure Excavation 22 Item number 1 is revised to read: 23 24 1. Class A. Structure excavation required for bridge and retaining wall footings, 25 geosynthetic retaining wall footings, structural earth walls and sign structure 26 footings, pile or drilled shaft caps, seals, wingwall footings, detention vaults, and 27 noise barrier wall footings shall be classified as Structure excavation Class A. If the 28 excavation requires a cofferdam, structural shoring, or extra excavation, the work 29 outside the neat lines of the Structure excavation Class A shall be classified as 30 shoring or extra excavation Class A. 31 32 2 09.3(3)D Shoring and Cofferdams 33 The 14th paragraph is revised to read: 34 35 If soldier piles are placed in drilled holes, and lagging is installed concurrently with the 36 excavation, all backfill above the bottom of the lagging shall consist of controlled density 37 _fill or lean concrete. _Backfill below the bottom of the lagging may consist of pea gravel. 38 If full- height steel sheet lagging is installed prior to excavation, soldier pile holes may be 39 backfilled with pea gravel. 40 41 2 09.4 Measurement 42 The second sentence in the second paragraph, "Horizontal Limits is supplemented with 43 the following: 44 45 (4) more than 1 -foot outside the perimeter of the soil reinforcement area for 46 geosynthetic and structural earth walls. 47 48 JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 15 1 6- 03.AP6 2 SECTION 6 -03, STEEL STRUCTURES 3 August 2, 2010 4 6- 03.3(25) Repair Welding 5 In the first paragraph "2002" is revised to read "2008 6 7 6- 03.3(25)A Welding Inspection 8 In the first paragraph "2002" is revised to read "2008 9 10 In the paragraph below the heading "Radiographic Inspection" "2002 Structural" is revised 11 to read "2008 Bridge 12 13 6 03.3(29) Vacant 14 This section including title is revised to read: 15 16 Welded Shear Connectors 17 All welded shear connectors on steel girder top flanges shall be installed in the field after 18 the forms for the concrete bridge deck are in place. The steel surface to be welded shall 19 be prepared to SSPC -SP 11, power tool cleaning, just prior to welding. Installation, 20 production control, and inspection of welded shear connectors shall conform to Chapter 21 7 of the AASHTO /AWS D1.5M/D1.5:2008 Bridge Welding Code. After the welded shear 22 connectors are installed, the weld and the disturbed steel surface shall be cleaned and 23 painted in accordance with Section 6- 07.3(9)1. 24 25 6 03.3(33) Bolted Connections 26 This section is revised to read: 27 28 Fastener components shall consist of bolts, nuts, washers, tension control bolt 29 assemblies, and direct tension indicators. Fastener components shall meet the 30 requirements of Section 9- 06.5(3). 31 32 The Contractor shall submit documentation of the bolt tension calibrator for approval by 33 the Engineer and shall include brand, capacity, model, date of last calibration, and 34 manufacturer's instructions for use. The Contractor shall be responsible to supply the 35 approved bolt tension calibrator and all accompanying hardware and calibrated torque 36 wrenches to conduct all testing and inspection described herein. Use of the bolt tension 37 calibrator shall comply with manufacturer's recommendations. 38 39 Fastener components shall be protected from dirt and moisture in closed containers at 40 the site of installation. Only as many fastener components as are anticipated to be 41 installed during the Work shift shall be taken from protected storage Fastener 42 components that are not incorporated into the Work shall be returned to protected 43 storage at the end of the Work shift. Fastener components shall not be cleaned or 44 modified from the as- delivered condition. Fastener components that accumulate rust or 45 dirt shall not be incorporated into the Work. Tension control bolt assemblies shall not be 46 relubricated, except by the manufacturer. 47 48 All bolted connections are slip critical. Painted structures require either Type 1 or Type 3 49 bolts. Unpainted structures require Type 3 bolts. AASHTO M 253 bolts shall not be 50 galvanized or be used in contact with galvanized metal. JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9 /2011 16 1 1 t 1 1 1 Washers are required under turned elements for bolted connections and as required in 2 the following: 3 4 1. Washers shall be used under both the head and the nut when AASHTO M 253 5 bolts are to be installed in structural carbon steel, as specified in Section 9- 6 06.1. 7 8 2. Where the outer face of the bolted parts has a slope greater than 1:20 with 9 respect to a plane normal to the bolt axis, a beveled washer shall be used. 10 11 3. Washers shall not be stacked unless otherwise approved by the Engineer. 12 13 4. It is acceptable to place a washer under the unturned element. 14 15 All galvanized nuts shall be lubricated by the manufacturer with a lubricant containing a 16 visible dye so a visual check for the lubricant can be made at the time of field installation. 17 Black bolts shall be lubricated by the manufacturer and shall be "oily" to the touch when 18 installed. 19 20 After assembly, bolted parts shall fit solidly together. They shall not be separated by 21 washers, gaskets, or any other material. Assembled joint surfaces, including those next 22 to bolt heads, nuts, and washers, shall be free of loose mill scale, burrs, dirt, and other 23 foreign material that would prevent solid seating. 24 25 When all bolts in a joint are tight, each bolt shall carry at least the proof load shown in 26 Table 3 below: 27 Table 3 Minimum Bolt Tension Bolt Size AASHTO M 164 and AASHTO M 253 (inches) ASTM F 1852 (pounds) (pounds) 1 /2 1 12,050 1 14,900 b /8 19,200 1 23,700 s /4 28,400 1 35,100 '/s 39,250 148,500 1 51,500 163,600 1 56,450 1 80,100 1 71,700 1 101, 800 1'/8 85,450 1 121, 300 1 1 12 104,000 1 147, 500 28 29 Prior to final tightening of any bolts in a bolted connection, the connection shall be 30 compacted to a snug -tight condition. Snug tight shall include bringing all plies of the 31 connection into firm contact and snug- tightening all bolts in accordance with Section 6- 32 03.3(32). 33 34 Final tightening may be done by either the turn -of -nut method, the direct tension 35 indicator method, or twist off type tension control structural bolt/nut/washer assembly JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 17 1 method. Preferably, the nut shall be turned tight while the bolt is prevented from rotating 2 However, if required by either turn -of -nut or direct tension indicator methods, because of 3 bolt entering and /or wrench operational clearances, tightening may be done by turning 4 the bolt while the nut is prevented from rotating. 5 6 1. Turn -of -Nut Method. After all specified bolting conditions satisfied, and before final 7 tightening, the Contractor shall match -mark with crayon or paint the outer face of 8 each nut and the protruding part of the bolt. Each bolt shall be final tightened to the 9 specified minimum tension by rotating the amount specified in Table 4. To ensure 10 that this tightening method is followed, the Engineer will (1) observe as the 11 Contractor installs, snug- tightens, and final tightens all bolts and (2) inspect each 12 match -mark. 13 Table 4 Turn -of -Nut Tightening Method Nut Rotational from Snug Tight Condition Bolt Length Disposition of Outer Faces of Bolted Parts Condition 1 I Condition 2 I Condition 3 L 4D 1 3 turn 1 2 turn 1 turn 4D L 8D 1 turn 2 3 turn turn 8D L 12D 12/3 turn 1 turn turn 14 Bolt length measured from underside of head to top of nut. 15 16 Condition 1 both faces at right angles to bolt axis 17 18 Condition 2 one face at right angle to bolt axis, one face sloped no more than 19 1:20, without bevel washer. 20 21 Condition 3 both faces sloped no more than 1:20 from right angle to bolt axis, 22 without bevel washer. 23 24 Nut rotation is relative to the bolt regardless of which element (nut or bolt) is being 25 turned. Tolerances permitted plus or minus 30 degrees turn) for final turns of 26 turn or less; plus or minus 45 degrees turn) for final turns of 2 3 turn or more. 27 28 D nominal bolt diameter of bolt being tightened. 29 30 When bolt length exceeds 12D, the rotation shall be determined by actual tests in 31 which a suitable tension device simulates actual conditions. 32 33 2. Direct Tension Indicator Method. Direct Tension Indicators (DTIs) shall not be 34 used under the turned element. DTIs shall be placed under the bolt head with the 35 protrusions facing the bolt head when the nut is turned. DTIs shall be placed under 36 the nut with the protrusions facing the nut when the bolt is turned. 37 JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9 /2011 18 1 I 1 I I I I I I I 1 I 1 1 Table 5 Direct Tension Indicator Requirements I I I I I DTI Spaces Maximum Snug- Minimum Final Bolt Size tight Refusals Tighten Refusals inches IM 164 IM 253 IM 164 IM 253 IM 164 IM 253 1/2 14 1 5 1 .1 1 1 2 1 5/8 1 1 4 15 11 12 1 1 5 1 1 1 1 7/8 1 16 f2 1 1 3 1 1 1 1 1 13 1 k 1-1/8 1 I 7 1 1 3 1 3 k 1 -1/4 1 1 I 1 1 k 1 -3/8 1 7 18 13 k k 13 1 4 1 1 1 -1/2 1 1 9 1 3 1 4 N 2 3 Gap refusal shall be measured with a 0.005 inch tapered feeler gage. After all 4 specified bolting conditions are satisfied, the snug- tightened gaps shall meet Table 5 5 snug -tight limits. 6 7 Each bolt shall be final- tightened to meet Table 5 final tighten limits. If the bolt is 8 tensioned so that no visible gap in any space remains, the bolt and DTI shall be 9 removed and replaced by a new properly tensioned bolt and DTI. 10 11 The Contractor shall tension all bolts, inspecting all DTIs with a feeler gage, in the 12 presence of the Engineer. DTIs shall be installed by 2 or more person crews with 1 13 individual preventing the element at the DTI from turning, and measuring the gap of 14 the DTI to determine the proper tension of the bolt. 15 16 If a bolt, that has had its DTI brought to full load, loosens during the course of bolting 17 the connection, it shall be rejected. Reuse of the bolt and nut are subject to the 18 provisions of this section. The used DTI shall not be reinstalled. 19 20 3. Twist Off Type Tension Control Structural Bolt/Nut/Washer Assembly Method 21 (Tension Control Bolt Assembly). Tension control bolt assemblies shall include 22 the bolt, nut, and washer(s) packaged and shipped as a single assembly. Tension 23 control bolt assembly components shall not be interchanged for testing or 24 installation and shall comply with all provisions of ASTM F 1852. 25 26 The tension control bolts shall incorporate a design feature intended to either 27 indirectly indicate, or to automatically provide, the minimum tension specified in Table 28 3 of Section 6- 03.3(33). 29 30 The Contractor shall submit the tension control bolt assembly to the Engineer for 31 approval with bolt capacities, type of bolt, nut, and washer lubricant, method of JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 19 1 packaging and protection of the lubricated bolt, installation equipment, calibration 2 equipment, and installation procedures. 3 4 The tension control bolt manufacturer's installation procedure shall be followed for 5 installation of bolts in the verification testing device, in all calibration devices, and in 6 all structure connections. 7 8 In some cases, proper tensioning of the bolts may require more than one cycle of 9 systematic partial tightening prior to final yield or fracture of the tension control 10 element of each bolt. If yield or fracture of the tension control element of a bolt occurs 11 prior to the final tightening cycle, that bolt shall be replaced with a new one. 12 13 Additional field verification testing shall be performed as requested by the Engineer. 14 15 All bolts and connecting hardware shall be stored and handled in a manner to 16 prevent corrosion and loss of lubricant. Bolts which are installed without the same 17 lubricant coating as tested under the verification test will be rejected and shall be 18 removed from the joint and be replaced with new lubricated bolts at no additional cost 19 to the Contracting Agency. 20 21 AASHTO M 253 bolts, galvanized AASHTO M 164 bolts, and ASTM F 1852 tension 22 control bolt assemblies shall not be reused. Black AASHTO M 164 bolts may be reused 23 once if approved by the Engineer. All bolts to be reused shall have their threads 24 inspected for distortion by reinstalling the used nut on the bolt and turning the nut for the 25 full length of the bolt threads by hand. Bolts to be reused shall be relubricated in 26 accordance with the manufacturer's recommendations and as approved by the Engineer. 27 Used bolts shall be subject to a rotational capacity test as specified in Section 6- 28 03.3(33)A Pre Erection Testing. Touching up or retightening bolts previously tightened 29 by the turn -of -nut method, which may have been loosened by the tightening of adjacent 30 bolts shall not be considered as reuse, provided the snugging up continues from the 31 initial position and does not require greater rotation, including the tolerance, than that 32 required by Table 4. 33 34 6 03.3(33)A Pre Erection Testing 35 This section is revised to read: 36 37 High strength bolt assemblies (bolt, nut, direct tension indicator, and washer), black and 38 galvanized, shall be subjected to a field rotational capacity test, as outlined below, prior 39 to any permanent fastener installation. For field installations, the rotational capacity test 40 shall be conducted at the jobsite. Each combination of bolt production lot, nut production 41 lot, washer production lot, and direct tension indicator production lot shall be tested as an 42 assembly, except tension control bolt assemblies which shall be tested as supplied by 43 the manufacturer. Each rotational capacity test shall include three assemblies. Once an 44 assembly passes the rotational capacity test, it is approved for use for the remainder of 45 the project, unless the Engineer deems further testing is necessary. All tests shall be 46 performed in a bolt tension calibrator by the Contractor in the presence of the Engineer. 47 High- strength bolt assemblies used in this test shall not be reused. The bolt assemblies 48 shall meet the following requirements after being pretensioned to 15 percent of the 49 minimum bolt tension in Table 3. The assembly shall be considered as nonconforming if 50 the assembly fails to pass any one of the following specified requirements. 51 JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 20 1 1 I I I 1 1 1 1 1 1 1 1 1 1 1 I I I 1 1. The measured torque to produce the minimum bolt tension shall not exceed 2 the maximum allowed torque value obtained by the following equation. 3 Torque 0.25 PD 4 Where: Torque Calculated Torque (foot pounds) 5 P Measured Bolt Tension (pounds) 6 D Normal Bolt Diameter (feet) 7 8 2. After placing the assembly through two cycles of the required number of turns, 9 where turns are measured from the 15 percent pretention condition, as 10 indicated in Table 4 of Section 6- 03.3(33), 11 12 a. The maximum recorded tension after the two turns shall be equal to 13 or greater than 1.15 times the minimum bolt tension listed in Table 3 14 of Section 6.03.3(33). 15 16 b. Each assembly shall be successfully installed to the specified number 17 of turns. 18 19 c. The fastener components in the assembly shall not exhibit shear 20 failure or stripping of the threads as determined by visual examination 21 of bolt and nut threads following removal. 22 23 d. The bolts in the assembly shall not exhibit torsional or 24 torsional /tension failure. 25 26 3. If any specimen fails, the assembly will be rejected. Elongation of the bolt 27 between the bolt head and the nut is not considered to be a failure. 28 29 Bolts that are too short to test in the bolt tension calibrator shall be tested in a steel joint 30 The Contractor shall (1) install the high- strength bolt assemblies (bolt, nut, direct tension 31 indicator and washer) in a steel joint of the proper thickness, (2) tighten to the snug tight 32 condition, (3) match -mark the outer face of each nut and the protruding part of the bolt 33 with crayon or paint, (4) rotate to the requirements of Table 4, and (5) record the torque 34 that is required to achieve the required amount of rotation. The assembly shall be 35 considered as non conforming if the assembly fails to pass any one of the following 36 specified requirements. 37 38 1. The recorded torque to produce the minimum rotation shall not exceed the 39 maximum allowed torque value obtained by the following equation. 40 Torque 0.25 PD 41 Where: Torque Calculated Maximum Allowed Torque (foot pounds) 42 P Specified Bolt Tension per Table 3, multiplied by a 43 factor of 1.15 (pounds) 44 D Normal Bolt Diameter (feet) 45 2. After placing the assembly through two cycles of the required number of turns, 46 where turns are measured from the snug tight condition specified in Section 6- 47 03.3(32), 48 49 a. Each assembly shall be successfully installed to the specified number 50 of turns. 51 JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 21 1 b. The fastener components in the assembly shall not exhibit shear 2 failure or stripping of the threads as determined by visual examination 3 of bolt and nut threads following removal. 4 5 c. The bolts in the assembly shall not exhibit torsional or 6 torsional /tension failure. 7 8 3. If any specimen fails, the assembly will be rejected. Elongation of the bolt 9 between the bolt head and the nut is not considered to be a failure. 10 11 The Contractor shall submit the manufacturer's detailed procedure for pre- erection 12 (rotational capacity) testing of tension control bolt assemblies to the Engineer for 13 approval and shall have an approved procedure prior to testing. 14 15 Three DTIs, per lot, shall be tested in a bolt tension calibrator. The bolts shall be 16 tensioned to 105 percent of the tension shown in Table 3 of Section 6- 03.3(33). If all of 17 the DTI protrusions are completely crushed (all 5 openings with zero gap), this lot of 18 DTIs is rejected. 19 20 6 03.3(33)B Bolting Inspection 21 The first paragraph is revised to read: 22 23 The Contractor, in the presence of the Engineer, shall inspect the tightened bolt using a 24 calibrated inspection torque wrench, regardless of bolting method. The Contractor shall 25 supply the inspection torque wrench. 26 27 The first sentence in the second paragraph is revised to read: 28 29 If the bolts to be installed are not long enough to fit in the bolt tension calibrator, five 30 bolts of the same grade, size, and condition as those under inspection shall be tested 31 using Direct Tension Indicators (DTIs) to measure bolt tension. 32 33 The first sentence in the third paragraph is revised to read: 34 35 Five representative bolts /nuts /washers and DTIs, if used (provided by the Contractor) of 36 the same grade, size, and condition as those under inspection shall be placed 37 individually in a bolt tension calibrator to measure bolt tension. 38 39 The fourth and fifth sentences in the third paragraph are revised to read: 40 41 In the bolt tension calibrator, each bolt shall be tightened by any convenient means to 42 the specified tension. The inspection torque wrench shall then be applied to the 43 tightened bolt to determine the torque required to turn the nut or head 5 degrees 44 (approximately 1 -inch at a 12 -inch radius) in the tightening direction. 45 46 The fourth paragraph is revised to read: 47 48 Ten percent (at least two), or as specified by the Engineer, of the tightened bolts on the 49 Structure represented by the test bolts shall be selected at random in each connection. 50 The job- inspection torque shall then be applied to each with the inspecting wrench 51 turned in the tightening direction, with no restraint applied to the opposite end of the bolt 52 If this torque turns no bolt head or nut, the Contracting Agency will accept the connection JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9 /2011 22 I I I I 1 1 I I I I I 1 I 1 I I I I I 1 as being properly tightened. If the torque turns one or more bolt heads or nuts, the job 2 inspection torque shall then be applied to all bolts in the connection. Except for tension 3 control bolt assemblies and DTIs with zero gap at all protrusion spaces, any bolt whose 4 head or nut turns at this stage shall be tightened and reinspected. Any tension control 5 bolt assemblies or DTIs that have zero gap at all protrusion spaces shall be replaced if 6 the head or nut turns at this stage. 7 8 This section is supplemented with the following new paragraph: 9 10 The Contractor shall submit the manufacturer's detailed procedure for routine 11 observation to ensure proper use of the tension control bolt assemblies to the Engineer 12 for approval and shall have an approved procedure prior to any assembling of bolted 13 connections 14 15 6 03.3(39) Swinging the Span 16 In the first paragraph "roadway slabs" is revised to read "bridge deck 17 18 deleted from this section. 19 20 6- 16.AP6 21 SECTION 6 -16, SOLDIER PILE AND SOLDIER PILE TIEBACK WALLS 22 August 2, 2010 23 6 -16.5 Payment 24 The first sentence in the paragraph following the bid item "Furnishing Soldier Pile per 25 linear foot, is revised to read: 26 27 All costs in connection with furnishing soldier pile assemblies shall be included in the unit 28 contract price per linear foot for "Furnishing Soldier Pile including fabricating and 29 painting the pile assemblies, and field splicing and field trimming the soldier piles. 30 31 6- 17.AP6 32 SECTION 6 -17, PERMANENT GROUND ANCHORS 33 January 3, 2011 34 6- 17.3(3) Submittals 35 Item number 2 in the third paragraph is revised to read: 36 37 2. Ground anchor factored design load 38 39 6 17.3(5) Tendon Fabrication 40 In the second paragraph, the second sentence is revised to read: 41 42 The tendon shall be sized so the factored design load does not exceed 80 percent of the 43 minimum guaranteed ultimate tensile strength of the tendon. 44 45 In the third paragraph, the first sentence is revised to read: 46 47 The Contractor shall be responsible for determining the bond length and tendon bond 48 length necessary to develop the factored design load indicated in the Plans in 49 accordance with Sections 6- 17.3(8)A, 6- 17.3(8)B, and 6- 17.3(8)C. 50 JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9 /2011 23 1 6- 17.3(7) Installing Permanent Ground Anchors 2 In the third paragraph, the first sentence is revised to read: 3 4 The tendon shall be inserted into the drill hole to the desired depth prior to grouting. 5 6 In the third paragraph, the following sentence is inserted after the first sentence: 7 8 Wet setting of permanent ground anchors will not be allowed. 9 10 6- 17.3(8)B Performance Testing 11 The second paragraph including the following performance test schedule is revised to read: 12 13 The performance test shall be made by incrementally loading and unloading the ground 14 anchor in accordance with the following schedule, consistent with the Load Resistance 15 Factor Design (LRFD) design method. The load shall be raised from one increment to 16 another immediately after a deflection reading. 17 18 Performance Test Schedule 19 Load AL 0.25FDL AL 0.25FDL 0.50FDL AL 0.25FDL 0.50FDL 0.75FDL AL 0.25FDL 0.50FDL 0.75FDL 1.00FDL AL Jack to lock -off load 20 21 Where:AL is the alignment load 22 FDL is the factored design load. 23 24 6 17.3(8)C Proof Testing 25 In the first paragraph, the first sentence is revised to read: 26 27 Proof tests shall be performed by incrementally loading the ground anchor in 28 accordance with the following schedule, consistent with the LRFD design method 29 30 The proof test schedule following the first paragraph is revised to read: JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 24 1 1 I I 1 I I 1 I I I I I I I I 1 1 I 1 Proof Test Schedule Load AL 0.25FDL 0.50FDL 0.75FDL 1.00FDL Jack to lock -off load 2 3 Where:AL is the alignment load 4 FDL is the factored design load 5 6 6- 18.AP6 7 SECTION 6 -18, SHOTCRETE FACING 8 January 3, 2011 9 6 -18.2 Materials 10 In the first paragraph, the following three items are inserted after the item "Fly Ash 9- 11 23.9 12 13 Ground Granulated Blast Furnace Slag 9 -23.10 14 Microsilica Fume 9 -23.11 15 Metakaolin 9 -23.12 16 17 6 18.3(3) Testing 18 The first paragraph is revised to read: 19 20 The Contractor shall make shotcrete test panels for evaluation of shotcrete quality, 21 strength, and aesthetics. Both preproduction and production test panels, shall be 22 prepared. The Contractor shall remove at least 3 cores from shotcrete test panels in 23 accordance with AASHTO T 24 except all cores obtained for the purpose of shotcrete 24 strength testing shall meet the following: 25 26 a. The core diameter, shall be at least 3 times the maximum aggregate size, but 27 not less than 4- inches. 28 b. The core length shall be a minimum of 2.0 times the core diameter 29 c. Cores shall be taken at a minimum distance of 1 -inch from edge of core to 30 edge of test panel and a minimum clear distance of 1 -inch between them. 31 d. Test panels shall be sized to meet the core spacing specified above, but in no 32 case shall be smaller than 12 -inch by 12 -inch. 33 34 The first sentence in the second paragraph is deleted. 35 36 The second sentence in the second paragraph is revised to read 37 38 Cores removed from the panels shall be wiped off to remove surface drill water and 39 immediately wrapped in wet burlap and sealed in a plastic bag. 40 JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 25 1 6- 18.3(3)A Pre production Testing 2 This section is revised to read: 3 4 At least three cores for each mix design shall be prepared for evaluation and testing of 5 the shotcrete quality and strength. One 48 -inch by 48 -inch qualification panel shall be 6 prepared for evaluation and approval of the proposed method for shotcrete installation, 7 finishing, and curing. Both the test panel and the 48 -inch qualification panels shall be 8 constructed using the same methods and initial curing proposed to construct the 9 shotcrete facing, except that the test panel shall not include wire reinforcement. The test 10 panel shall be constructed to the minimum thickness necessary to obtain the required 11 core samples. The 48 -inch qualification panel shall be constructed to the same thickness 12 as proposed for the production facing. Production shotcrete Work shall not begin until 13 satisfactory test results are obtained and the panels are approved by the Engineer. 14 15 6 18.3(3)B Production Testing 16 The first sentence is revised to read: 17 18 The Contractor shall provide three cores for each section of facing shot. 19 20 This section is supplemented with the following: 21 22 Core acceptance testing for the 28 day compressive strength will be performed in 23 accordance with AASHTO T 24. 24 25 6 18.3(4) Qualifications of Contractor's Personnel 26 The second paragraph is supplemented with the following: 27 28 The 7 day core compressive strength shall be tested by the Contractor in accordance 29 with AASHTO T 24. 30 31 7- 02.AP7 32 SECTION 7 -02, CULVERTS 33 January 3, 2011 34 7 -02.2 Materials 35 In the first paragraph, the following three items are inserted after the item "Corrugated 36 Polyethylene Culvert Pipe 9- 05.19 37 38 Steel Rib Reinforced Polyethylene Culvert Pipe 9 -05.21 39 High Density Polyethylene (HDPE) Pipe 9 -05.23 40 Polypropylene Culvert Pipe 9 -05.25 41 42 The third paragraph is revised to read: 43 44 Thermoplastic culvert pipe includes solid wall PVC culvert pipe, profile wall PVC culvert 45 pipe, corrugated polyethylene culvert pipe, and polypropylene culvert pipe. 46 47 In the `Culvert Pipe Schedules' table, the last column is revised to read: 48 Thermoplastic PE', PVC or PP PE, PVC, or PP JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 26 1 1 1 PE, PVC, or PP PE, PVC, or PP PE, PVC, or PP PE, PVC, or PP PE, PVC, or PP None None None None None None None 1 2 The footnotes below the `Culvert Pipe Schedules' table are supplemented with the 3 following: 4 5 3 Polypropylene pipe 6 7 7 02.5 Payment 8 This section is supplemented with the following: 9 10 "Steel Rib Reinforced Polyethylene Culvert Pipe In. Diam. per linear foot. 11 "High Density Polyethylene (HDPE) Pipe In. Diam per linear foot. 12 "Polypropylene Culvert Pipe In. Diam. per linear foot. 13 14 8- 01.AP8 15 SECTION 8 -01, EROSION CONTROL AND WATER POLLUTION CONTROL 16 January 3, 2011 17 8 -01.2 Materials 18 In the first paragraph, the following is inserted after the first sentence 19 20 Corrugated Polyethylene Drain Pipe 9- 05.1(6) 21 22 8 01.3(1) General 23 in the sixth paragraph, the first sentence is revised to read: 24 25 When natural elements rut or erode the slope, the Contractor shall restore and repair the 26 damage with the eroded material where possible, and remove and dispose of any 27 remaining material found in ditches and culverts. 28 29 In the seventh paragraph the first two sentences are deleted. 30 31 The table in the seventh paragraph is revised to read: 32 33 Western Washington (West of the Cascade Mountain crest) 34 May 1 through September 30 17 Acres 35 October 1 through April 30 5 Acres 36 37 Eastern Washington (East of the Cascade Mountain crest.) 38 April 1 through October 31 17 Acres JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 27 1 November 1 through March 31 5 Acres 2 3 The eighth paragraph is revised to read: 4 5 The Engineer may increase or decrease the limits based on project conditions. 6 7 The ninth paragraph is revised to read: 8 9 Erodible earth is defined as any surface where soils, grindings, or other materials may be 10 capable of being displaced and transported by rain, wind, or surface water runoff. 11 12 The 10th paragraph is revised to read: 13 14 Erodible earth not being worked, whether at final grade or not, shall be covered 15 within the specified time period, (see the tables below) using an approved soil 16 covering practice 17 18 Western Washington (West of the Cascade Mountain crest) 19 October 1 through April 30 2 -days maximum 20 May 1 to September 30 7 -days maximum 21 22 23 Eastern Washington (East of the Cascade Mountain crest.) 24 October 1 through June 30 5 -days maximum 25 July 1 through September 30 10 -days maximum 26 27 8 01.3(1)A Submittals 28 This section is revised to read: 29 30 When a Temporary Erosion and Sediment Control (TESC) Plan is included in the Plans, 31 the Contractor shall either adopt or modify the existing TESC Plan. If modified, the 32 Contractor's TESC Plan shall meet all requirements of Chapter 6 -2 of the current edition 33 of the WSDOT Highway Runoff Manual. The Contractor shall provide a schedule for 34 TESC Plan implementation and incorporate it into the Contractor's progress schedule. 35 The Contractor shall obtain the Engineer's approval of the TESC Plan and schedule prior 36 to the beginning of Work. The TESC Plan shall cover all areas that maybe affected 37 inside and outside the limits of the project (including all Contracting Agency provided 38 sources, disposal sites, and haul roads, and all nearby land, streams, and other bodies 39 of water). 40 41 The Contractor shall allow at least 5- working days for the Engineer to review any original 42 or revised TESC Plan. Failure to approve all or part of any such Plan shall not make the 43 Contracting Agency liable to the Contractor for any Work delays. 44 45 8 01.3(1)B Erosion and Sediment Control (ESC) Lead 46 In the last paragraph, "Form Number 220 -030 EF" is revised to read "WSDOT Form Number 47 220 -030 EF 48 49 8 01.3(1)C Water Management 50 In number 2., the reference to "Standard Specification" is revised to read "Section 51 52 Number 3., is revised to read JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9 /2011 28 1 1 I 1 I I I 1 1 1 1 I I I I I I 1 I 1 2 3. Offsite Water 3 Prior to disruption of the normal watercourse, the Contractor shall intercept the offsite 4 stormwater and pipe it either through or around the project site. This water shall not 5 be combined with onsite stormwater. It shall be discharged at its pre construction 6 outfall point in such a manner that there is no increase in erosion below the site. The 7 method for performing this Work shall be submitted by the Contractor for the 8 Engineer's approval. 9 10 8 01.3(1)D Dispersion /Infiltration 11 This section is revised to read: 12 13 Water shall be conveyed only to dispersion or infiltration areas designated in the TESC 14 Plan or to sites approved by the Engineer. Water shall be conveyed to designated 15 dispersion areas at a rate such that, when runoff leaves the area, and enters waters of 16 the State, turbidity standards are achieved. Water shall be conveyed to designated 17 infiltration areas at a rate that does not produce surface runoff. 18 19 8 01.3(2)B Seeding and Fertilizing 20 The fourth paragraph is revised to read. 21 22 The seed applied using a hydroseeder shall have a tracer added to visibly aid uniform 23 application. This tracer shall not be harmful to plant, aquatic or animal life. if HECP Type 24 3 Mulch is used as a tracer, the application rate shall not exceed 250 pounds per acre. 25 26 In the fifth paragraph, "hydro seeder" is revised to read "hydroseeder 27 28 8 01.3(2)D Mulching 29 In the second paragraph, the second sentence is revised to read: 30 31 Wood strand mulch shall be applied by hand or by straw blower on seeded areas. 32 33 In the third paragraph, "1" is revised to read "a single" and "hydro seeder" is revised to read 34 "hydroseeder 35 36 The fourth paragraph is revised to read: 37 38 Temporary seed applied outside the application windows established in 8- 01.3(2)F shall 39 be covered with a mulch containing either HECP Type 2 Mulch or HECP Type 1 Mulch, 40 as designated by the Engineer. 41 42 8 01.3(2)E Tacking Agent and Soil Binders 43 The following new paragraph is inserted at the beginning of this Section: 44 45 Tacking agent or soil binders applied using a hydroseeder shall have a mulch tracer 46 added to visibly aid uniform application. This tracer shall not be harmful to plant, 47 aquatic or animal life. If HECP Type 3 Mulch is used as a tracer, the application rate 48 shall not exceed 250 pounds per acre. 49 50 The third sentence in the first paragraph below "Soil Binding Using Polyacrylamide 51 (PAM)" is revised to read: JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 29 1 2 A minimum of 200 pounds per acre of HECP Type 3 Mulch shall be applied with the 3 dissolved PAM. 4 5 In the second paragraph below "Soil Binding Using Polyacrylamide (PAM) "within" is 6 revised to read "after 7 8 The paragraph "Soil Binding Using Bonded Fiber Matrix (BFM)" including title is revised 9 to read: 10 11 Soil Binding Using HECP Type 2 Mulch 12 The HECP Type 2 Mulch shall be hydraulically applied in accordance with the 13 manufacturer's installation instructions. The HECP Type 2 Mulch may require a 24 to 48 14 hour curing period to achieve maximum performance and shall not be applied when 15 precipitation is predicted within 24 to 48 hours, or on saturated soils, as determined by 16 the Engineer. 17 18 The last paragraph including titled is revised to read: 19 20 Soil Binding Using HECP Type 1 Mulch 21 The HECP Type 1 Mulch shall be hydraulically applied in accordance with the 22 manufacturer's installation instructions and recommendations. 23 24 8 01.3(2)F Dates for Application of Final Seed, Fertilizer, and Mulch 25 The first paragraph is revised to read: 26 27 Unless otherwise approved by the Engineer, the final application of seeding, fertilizing, 28 and mulching of slopes shall be performed during the following periods: 29 30 Western Washington' Eastern Washington 31 (West of the Cascade Mountain crest) (East of the Cascade Mountain crest) 32 March 1 through May 15 October 1 through November 15 only 33 September 1 through October 1 34 35 1 Where Contract timing is appropriate, seeding, fertilizing, and mulching shall be 36 accomplished during the fall period listed above. Written permission to seed after 37 October 1 will only be given when Physical Completion of the project is imminent and 38 the environmental conditions are conducive to satisfactory growth. 39 40 8 01.3(2)G Protection and Care of Seeded Areas 41 The first paragraph is revised to read: 42 43 The Contractor shall be responsible to ensure a healthy stand of grass. The Contractor 44 shall restore eroded areas, clean up and properly dispose of eroded materials, and 45 reapply the seed, fertilizer, and mulch, at no additional cost to the Contracting Agency. 46 47 In the second paragraph, number 1. is revised to read: 48 49 1. At the Contractor's expense, seed, fertilizer and mulch shall be reapplied in areas 50 that have been damaged through any cause prior to final inspection, and reapplied 51 to areas that have failed to receive a uniform application at the specified rate. JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9 /2011 30 1 2 8- 01.3(2)H Inspection 3 The first sentence is revised to read: 4 5 Inspection of seeded areas will be made upon completion of seeding, temporary 6 seeding, fertilizing, and mulching. 7 8 The third sentence is revised to read: 9 10 Areas that have not received a uniform application of seed, fertilizer, or mulch at the 11 specified rate, as determined by the Engineer, shall be reseeded, refertilized, or 12 remulched at the Contractor's expense prior to payment. 13 14 8 01.3(2)1 Mowing 15 In the first paragraph, the last sentence is revised to read: 16 17 Trimming around traffic facilities, Structures, planting areas, or other features extending 18 above ground shall be accomplished preceding or simultaneously with each mowing. 19 20 8 01.3(3) Placing Erosion Control Blanket 21 In the first sentence, "Standard" is deleted. 22 23 The second sentence is revised to read: 24 25 Temporary erosion control blankets, having an open area of 60- percent or greater, may 26 be installed prior to seeding. 27 28 8 01.3(4) Placing Compost Blanket 29 In the first paragraph, "before" is revised to read "prior to 30 31 The last sentence is revised to read: 32 33 Compost shall be Coarse Compost. 34 35 8 01.3(5) Placing Plastic Covering 36 The first sentence is revised to read: 37 38 Plastic shall be placed with at least a 12 -inch overlap of all seams. 39 40 8 01.3(6)A Geotextile Encased Check Dam 41 The first paragraph is deleted. 42 43 8 01.3(6)B Rock Check Dam 44 This section including title is revised to read: 45 46 8 01.3(6)B Quarry Spall Check Dam 47 The rock used to construct rock check dams shall meet the requirements for quarry 48 spalls. 49 50 8 01.3(6)D Wattle Check Dam 51 This section is revised to read: JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 31 1 2 Wattle check dams shall be installed in accordance with the Plans. 3 4 8 01.3(6)E Coir Log 5 This section is revised to read: 6 7 Coir logs shall be installed in accordance with the Plans. 8 9 8 01.3(9)A Silt Fence 10 In the second paragraph, the second sentence is revised to read: 11 12 The strength of the wire or plastic mesh shall be equivalent to or greater than what is 13 required in Section 9- 33.2(1), Table 6 for unsupported geotextile (i.e., 180 lbs. grab 14 tensile strength in the machine direction). 15 16 8 01.3(9)B Gravel Filter, Wood Chip or Compost Berm 17 In the second paragraph, the last sentence is deleted. 18 19 The third paragraph is revised to read: 20 21 The Compost Berm shall be constructed in accordance with the detail in the Plans. 22 Compost shall be Coarse Compost. 23 24 8 01.3(9)C Straw Bale Barrier 25 This section is revised to read: 26 27 Straw Bale Barriers shall be installed in accordance with the Plans. 28 29 8 01.3(9)D Inlet Protection 30 The first three paragraphs are revised to read: 31 32 Inlet protection shall be installed below or above, or as a prefabricated cover at each 33 inlet grate, as shown in the Plans. Inlet protection devices shall be installed prior to 34 beginning clearing, grubbing, or earthwork activities. 35 36 Geotextile fabric in all prefabricated inlet protection devices shall meet or exceed the 37 requirements of Section 9 -33.2, Table 1 for Moderate Survivability, and the minimum 38 filtration properties of Table 2. 39 40 When the depth of accumulated sediment and debris reaches approximately 1 /2 the 41 height of an internal device or' /3 the height of the external device (or less when so 42 specified by the manufacturers) or as designated by the Engineer, the deposits shall be 43 removed and stabilized on site in accordance with Section 8- 01.3(16). 44 45 8 01.3(10) Wattles 46 In the first paragraph, the third sentence is revised to read: 47 48 Excavated material shall be spread evenly along the uphill slope and be compacted 49 using hand tamping or other method approved by the Engineer. 50 51 This section is supplemented with the following new paragraph: 52 JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9 /2011 32 I I 1 II r I I 1 1 I 1 I 1 I I I 1 I 1 1 The Contractor shall exercise care when installing wattles to ensure that the method of 2 installation minimizes disturbance of waterways and prevents sediment or pollutant 3 discharge into waterbodies. 4 5 8- 01.3(12) Compost Sock 6 In the first paragraph, "sock" is revised to read "socks" and "stream bed" is revised to read 7 "waterbodies 8 9 In the second paragraph "bank" is revised to read "slope 10 11 In the third paragraph "and" is revised to read "or" 12 13 This section is supplemented with the following new paragraph: 14 15 Compost for Compost Socks shall be Coarse Compost. 16 17 8 01.3(14) Temporary Pipe Slope Drain 18 The first paragraph is revised to read: 19 20 Temporary pipe slope drain shall be Corrugated Polyethylene Drain Pipe and shall be 21 constructed in accordance with the Plans 22 23 The last paragraph is revised to read: 24 25 Placement of outflow of the pipe shall not pond water on road surface. 26 27 8 01.3(15) Maintenance 28 In the fourth paragraph, the last sentence is revised to read: 29 30 Clean sediments may be stabilized on site using approved BMPs as approved by the 31 Engineer. 32 33 8 01.3(16) Removal 34 In the second paragraph, the last sentence is revised to read: 35 36 This may include, but is not limited to, ripping the soil, incorporating soil amendments, 37 and seeding with the specified seed. 38 39 8 01.4 Measurement 40 The eighth paragraph is revised to read: 41 42 Silt fence, gravel filter, compost berms, and wood chip berms will be measured by the 43 linear foot along the ground line of completed barrier. 44 45 8 01.5 Payment 46 The following bid items are relocated after the bid item "Check Dam 47 48 "Inlet Protection per each. 49 50 "Gravel Filter Berm per linear foot. 51 JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9 /2011 33 1 The following new paragraph is inserted before the bid item "Stabilized Construction 2 Entrance 3 4 The unit Contract price per linear foot for "Check Dam" and "Gravel Filter Berm" and per 5 each for "Inlet Protection" shall be full pay for all equipment, labor and materials to 6 perform the Work as specified, including installation, removal and disposal at an 7 approved disposal site. 8 9 The paragraph after the bid item "Temporary Curb" is revised to read: 10 11 The unit Contract price per linear foot for "Temporary Curb" shall include all costs to 12 install, maintain, remove, and dispose of the temporary curb. 13 14 The following bid item is inserted after the bid item "Mulching with Pam 15 16 "Mulching with HECP Type 3 Mulch per acre. 17 18 The bid item "Mulching with BFM" is revised to read: 19 20 "Mulching with HECP Type 2 Mulch" 21 22 The bid item "Mulching with MBFM /FRM" is revised to read: 23 24 "Mulching with HECP Type 1 Mulch" 25 JANUARY 3, 2011 AMENDMENTS TO THE 2010 STANDARD SPECIFICATIONS BOOK Revised: 3/9/2011 34 I I I I I I I 1 I I 1 I I I I 1 I I 1