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HomeMy WebLinkAbout09 08 2026 Yelm City Council Agenda PacketC I T Y C O U N C I L A G E N D A S e p t e m b e r 8, 2 0 2 6 6:0 0 P M Yelm City Council meetings are held in-person at 106 2 nd St SE Yelm, WA 98597 and virtually on Zoom. Registration is required to attend virtually; please use the link below to register. https://us06web.zoom.us/webinar/register/WN_XzTdbf4nRWGPULzR4kbFAg 1. C A L L T O O R D E R/R O L L C A L L 2. A G E N D A A P P R O V A L 3. S P E C I A L P R E S E N T A T I O N S a) NATIONAL VOTER REGISTRATION DAY PROCLAMATION 4. P U B L I C C O M M E N T--C O M P L E T E A B L U E S P E A K E R’S C A R D O R R A I S E H A N D V I R T U A L L Y 5. C O N S E N T A G E N D A a) AUGUST 25, 2026 REGULAR MEETING MINUTES b) SEPTEMBER 1, 2026 STUDY SESSION MINUTES 6. N E W B U S I N E S S a) CONSTRUCTION CONTRACT WITH ACTIVE CONSTRUCTION, INC. FOR THE DOWNTOWN ACTIVATED ALLEYWAY-FULLER FOOTPATH PROJECT Move to authorize Mayor DePinto to execute the Agreement Between Owner, City of Yelm, and Contractor, Active Construction, Inc., in the amount of Two Million Two Hundred Thirty-One Thousand Two Hundred Thirty-One and 00/100 Dollars ($2,231,231.00) for construction of the Downtown Activat ed Alleyway - Fuller Footpath Project. b) ORDINANCE NO. 1156 - MUNICIPAL CODE UPDATES Move to approve Ordinance No. 1156 Updates to Chapter 5 and Chapter 13 of the Yelm Municipal Code. c) ORDINANCE NO. 1157 - BUDGET AMENDMENT Move to approve Ordinance No. 1157 amending the 2025-2026 Biennial Budget. d) APPROVAL OF THE 2026-2027 SCHOOL RESOURCE OFFICER AGREEMENT BETWEEN YELM COMMUNITY SCHOOLS AND THE CITY OF YELM Move to approve Mayor Joe DePinto to sign the 2026-2027 School Resource Officer Agreement between Yelm Community Schools and the City of Yelm. 106 2 nd ST SE Yelm, WA 98597 360.458.3244 www.yelmwa.gov The City of Yelm is an equal opportunity employer and provider 7.O L D B U S I N E S S a) None Scheduled 8.S T A N D I N G C O U N C I L C O M M I T T E E R E P O R T S a) Public Safety Committee b) Public Services Committee c) Finance Committee d) General Government Committee 9.M A Y O R/C I T Y A D M I N I S T R A T O R/S T A F F R E P O R T S 1 0.C O U N C I L M E M B E R R E P O R T S 1 1.E X E C U T I V E S E S S I O N a) None Scheduled 1 2.A D J O U R N M EETING I NFORMATION All regular Yelm City Council meetings are recorded. Meetings can be viewed at www.yelmwa.gov or a copy may be purchased by contacting the City Clerk’s office at 360.458.8 816. It is the City of Yelm’s policy to provide reasonable accommodations for people with disabilities. If you require reasonable accommodations to partici pate at a City Council meeting, please contact the City Clerk’s office at 360.458.8 816 at least four (4) working days prior to meeting. I nformation on the Americans with Disabilities Act and the Title VI Statement is available at www.yelmwa.gov/human-resources. *The public comment portion of the agenda is an opportunity for the public to address the Council for items that ar e not on the published agenda. Comments are limited to th ree minutes and five speakers. Comment on matters listed on the published agenda are welcomed as part of the normal agenda. Public Comment Guidelines: The City reserves up to five members of the public to address the Council at the beginning of regular business meetings on topics that are not on the agenda. Each speaker will be given 3 minutes and may be asked follow up questions by the Mayor or Council. Further public comment may be allowed on agenda topics as time permits. We ask that speakers use respectful language and remember they are speaking to fellow citizens of Yelm wh o are committed to listening and responding appropriately to citizens' concerns. Members of the public engaging in disruptive behavior may be removed or blocked from the meeting. Page 2 of 2 City of Yelm Mayoral Proclamation National Voter Registration Day WHEREAS, registering to vote empowers eligible citizens to exercise their right to vote on Election Day; and WHEREAS, Thurston County is committed to strengthening democracy by encouraging voter registration and increasing participation in all elections; and WHEREAS,civic-minded people and organizations have collaborated to establish September 1 5, 202 6, as NATIONAL VOTER REGISTRATION DAY; and WHEREAS, the goal for the 202 6 National Voter Registration Day is to create awareness of elections and motivate eligible citizens to vote in coming months; and WHEREAS, the strength of our democracy depends on the willingness of our citizens to participate by choosing the p e ople who will lead us and by voicing their opinions on important matters that will come before the voters on Election Day; and N OW, THEREFORE, BE IT RESO LVED, that I,Joe DePinto, Mayor of the City of Yelm do hereby recognize September 1 5, 202 6, as NATIONAL VOTER REGISTRATIO DAY in Yelm and encourage all eligible county residents to register to vote. SIGNED IN THE CITY OF YELM, WASHINGTON, THIS 8 th DAY OF September 202 6. ___________________________ Joe DePinto, Mayor City of Yelm CITY COUNCIL MEETING MINUTES VIRTUAL AND IN PERSON TUESDAY, August 25, 2026 Call to Order: Mayor Joe DePinto called t he meeting to order at 6:0 0 PM. Roll Call: Tracey Wood, J oseph Richardson, Griselda Arias, Steph a nie Kang iser, Brian Hess, David Johnstone, Terry Kaminski and Mayor Joe DePinto. Staff Present: City Administrator Todd Stancil, City Clerk Kathy Linnemeyer, and Public Services Director Cody Colt. APPROVAL OF TH E Motion by Griselda Arias to amend the agenda adding Yelm Scouts AGENDA: Day Proclamation. Seconded by Brian Hess Motion carried 7-0 Motion by Tracey Wood to approve the agenda as amended. Seconded by Griselda Arias. Motion carried 7-0 SPECIAL Mayor DePinto read the Yelm Scouts Day Proclamation PRESENTATIONS: into the record and presented the proclamation to J eff Kasnick. Christina Garcia with the Yelm Lions Club presented Jeff Kasnick with a certificate of appreciation. The City of Yelm was presented with a certificate of appreciation from the Yelm Scouts. CONSENT AGENDA: a) August 11, 2026, Regular Meeting Minutes Motion b y Terry Kaminski to approve the Consent Agenda. Seconded by David Johnstone Motion carried 7-0 NEW BUSINESS: Appointment to the Tree Advisory Board Motion by Joseph Richardson to approve Mayor DePinto’s appointment of Joshua Crossman to the Tree Advisory Board. Seconded by Stephanie Kangiser Motion carried 7-0 Page 1 of 3 August 25, 2026, City of Yelm Regular Council Meeting. These minutes record the official actions of the Yelm City Council. Compl ete recordings are available on YouTube. Yelm City Council meetings are held in-person at 106 2 nd St SE Yelm, WA 98597 and on Zoom. Registration is required to attend virtually by selecting the link that is available on the city website. STANDING COUNCIL COMMITTEE REPORTS: Public Services Committee – Councilmember Richardson gave a report of the Public Services Committee meeting. General Government Committee – Councilmember Hess gave a report of the General Government Committee meeting. MAYOR/CITY ADMINISTRATOR/STAFF REPORTS: City Administrator – Gave department updates. Mayor Report – Announced that the Activated Alley Way project was awarded to Active Construction which is the same c ompany who was awarded the Yelm Loop project by WSDOT. COUNCILMEMBER REPORTS: Councilmember Richardson – Thanked the Scouts for being here and for their impa cts in the community. Councilmember Arias – R eported meeting with Build for Zero and a local high school student to discuss establishing a Youth Council. She attended the Habitat for Humanity Gala, SE Thurston Fire Authority potluck, Rainier Days, and the 100 Years of Scouting celebration. She also volunteered to serve meals at the Prairie Christian Center. Councilmember Arias announced that the STEDI meeting was cancelled and noted that she will attend the Regional Housing meeting tomorrow. Councilmember Kangiser –Councilmember Kangiser announced that she enrolled in a Scale Up marketing class and attended the AWC Legislative Priorities meeting and the Yelm High School Band fundraiser. She also announced that AWC will be offering a virtual training on Parks, Arts, and Creative Districts a nd encouraged fellow Councilmembers to attend. Councilmember Hess – Councilmember shared information regarding stormwater articles he had recently read. He reflected on his travels and noted that it was encouraging to visit other communities while appreciating that Yelm retains its small-town character. He also congratulat ed the Scouts on their accomplishments. Councilmember Kaminski – Attended the Nisqually River Council. ADJOURNMENT: Motion by Terry Kaminski to adjourn the meeting at 6:29 PM. Seconded by Stephanie Kangi ser Motion carried 7-0 Page 2 of 3 August 25, 2026, City of Yelm Regular Council Meeting. These minutes record the official actions of the Yelm City Council. Complete recordings are available on the City of Yelm’s You Tube Channel. __________________________________ Joe DePinto, Mayor ___________________________________ Kathy Linnemeyer, City Clerk Page 3 of 3 August 25, 2026, City of Yelm Regular Council Meeting. These minutes record the official actions of the Yelm City Council. Complete recor dings are available on the City of Yelm’s You Tube Channel. CITY COUNCIL STUDY SESSION MEETING MINUTES VIRTUAL AND IN PERSON TUESDAY,September 8,2026 Call to Order: Mayor Pro-Tem Kangiser c al led t he meeting to order at 6:0 0 PM Roll Call: Tracey Wood, Joseph Richardson, Griselda Arias, Stephanie Kangiser, Brian Hess, David Johnston, Terry Kaminski and Joe DePinto. Staff Present: City Clerk Kathy Linnemeyer, Projects & Programs Manager Brad Chatwood and Pub lic Services Director Cody Colt PRESENT AT IONS/DISCUSSION ITEMS: Thurston Economic Development Council – Michael Cade, George Sharp, Aslan Meade and Connor Tibke with Thurston Economic Development Council gave a presentation as a follow up to the June 15, 2026, City Council retreat where current plans and future opportunities for economic development, urban planning impacts, strategies for recruiting commercial/industrial development and how best to attract new residents and customers to Yelm were discussed. The presentation covered economic development landscape, commercial and industrial recruitment, and bypass/main street efforts. Boys & Girls Club Presentation – Shellica Trevino, Chief Executive Officer gave a presentation on behalf of the Boys & Girls Club of Thurston County. The presentation covered the number of youth served, additional space needed and the current lease and a request for a longer lease. Student Resource Officer (SRO) Contract Review – Mayor DePinto g ave a summary of the proposed SRO contract with Yelm Community Schools. The contract will be presented at the September 8, 2026, regular meeting for further discussion and action. Estimates of Revenues and Property Tax YTD and Projections – Finance Director Stephanie Nanavich gave a presentation on YTD revenue and projected revenue through 2028. She also shared the budget calendar for the 2027/2028 Budget including public hearing dates. Sewer, Water, and Stormwater Rates – Public Services Director Cody Colt gave a presentation on proposed rate adjustments and how the adjustments will impact bills for an average homeowner and an average restaurant. Page 1 of 2 September 1, 2026, City of Yelm Council Study Session. These minutes record the official actions of the Yelm City Council. Ordinance No. 1149 Electric Vehicle Charging Stations–Ordinance No. 1149 was presented for consideration at the July 28, 2026, City Council meeting and was postponed pending a future Study Session. Public Services Director Cody Colt reported that the Washington State Electrical Code will be updated and that the revisions will address all of the proposed code changes included in Ordinance No. 1149. He stated that, in light of the forthcoming state cod e updates, his department will no longer pursue the proposed code amendments contained in the ordinance. Ordinance No. 1149 will not be brought back before the City Council for further action. MAYORS REPORT –City Administrator Todd Stancil provided an update on the 640 Acres project. He reported that, contingent upon finalization of the agreement, a study session is anticipated for September 29 from 4:00–6:00 p.m. to review the development agreement. Administr ator Stancil requested Council members confirm their availability for the proposed study session. He also reported that staff are continuing to work on securing right-of-way access to the property. Mayor DePinto informed Council that the FLOCK cameras are currently offline while the City works to ensure compliance with new state mandates. He noted that the use of FLOCK cameras is currently a subject of significant local and national controversy. Mayo r DePinto stated that he would like to provide the residents of Yelm with an opportunity to express their preference regarding the continued use of FLOCK cameras and indicated that he plans to propose an advisory vote in spring 2027 on whether the City sho uld continue using the system. COUNCILMEMBER INITIATIVES – Terry Kaminski – Reported that painting the City Hall bui lding has been pos tponed until Spring 2027. ADJOURNMENT The meeting adjourned at 8:10 PM __________________________ Joe DePinto, Mayor _________________________ Kathy Linnemeyer, City Clerk Page 2 of 2 September 1, 2026, City of Yelm Council Study Session. These minutes record the official actions of the Yelm City Council. PROJECT ENGINEER CERTIFICATION For Construction of: Downtown Activated Alleyway -Fuller Footpath As the Engineer in direct responsible charge of developing these contract provisions, I certify these provisions have been developed or incorporated into this project under my supervision or as a result of certified specifications provided by other license d professionals. ____________________ David H. Rowland, PE Project Manager Date: _____________________éñîíñîðîê City of Yelm Downtown Activated Alleyway -Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS PART 1. BID DOCUMENTS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS C-111 ADVERTISEMENT FOR BIDS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS C-200 INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 Defined Terms ............................................................................................................................. 1 Article 2 Bidding Documents ..................................................................................................................... 1 Article 3 Qualifications of Bidders ............................................................................................................. 2 Article 4 Pre-Bid Conference ..................................................................................................................... 2 Article 5 Other Work at the Site .................................................................................................................................. 3 Article 6 ............................................................................... 5 Article 7 Interpretations and Addenda ..................................................................................................... 5 Article 8 Bid Security ................................................................................................................................. 5 Article 9 Contract Times ............................................................................................................................ 6 Article 10 ............................................................................................... 6 Article 11 Subcontractors, Suppliers, and Others ..................................................................................... 6 Article 12 Preparation of Bid ..................................................................................................................... 7 Article 13 Basis of Bid ................................................................................................................................ 8 Article 14 Submittal of Bid ......................................................................................................................... 8 Article 15 Modification and Withdrawal of Bid ......................................................................................... 9 Article 16 Opening of Bids ......................................................................................................................... 9 Article 17 Bids to Remain Subject to Acceptance ..................................................................................... 9 Article 18 Evaluation of Bids and Award of Contract ................................................................................ 9 Article 19 Bonds and Insurance ............................................................................................................... 10 Article 20 Signing of Agreement .............................................................................................................. 10 Article 21 Sales and Use Taxes ................................................................................................................ 10 Article 22 Contracts to Be Assigned ........................................................................................................ 10 EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). TOC Page 1 of 1 ARTICLE 1 DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A.Issuing Office The office from which the Bidding Documents are to be issued, and which registers plan holders. B.Domestic Preference The Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, §§ 70901-70953. ARTICLE 2 BIDDING DOCUMENTS 2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers. 2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances. 2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement or invitation to bid. Owner recommends that Bidder register as a plan holder with the Issuing Office at such website, and obtain a complete set of the Bidding Documents fro m such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner. 2.04 Electronic Documents A.When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified. 1.Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version 202 2 or later. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents. However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Docum ents nor the and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies. EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 1 of 10 B.Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and r esponsibility associated with use of the Electronic Documents versions to derive information reliance upon such derived information. C.See Section 3.01 (H) of the Supplementary Conditions for additional information regarding Coordination of the Contract Documents. ARTICLE 3 QUALIFICATIONS OF BIDDERS 3.01 to perform the Work: A.Written evidence establishing its qualifications such as financial data, previous experience, and present commitments. B.A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract. C. D.Subcontractor and Supplier qualification information. E.Other required information regarding qualifications. 3.02 disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek 3.04 Section s 1-02.1 and 1-02.6 of the Technical Specificatio ns provides requirements for Bidder Qualifications in the State of Washing ton. ARTICLE 4 PRE-BID CONFERENCE 4.01 A mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Proposals will not be accepted from Bidders who do not a ttend the -bid conference to verify its participation. Bidders must sign in using the name of the organization that will be submitting a Bid. A list of qualified Bidders that attended the pre-bid conference and are eligible to submit a Bid for this Project will be issued in an Addendum. 4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 2 of 10 discussions at the pre-Bid conference. Information presented, and statements made at the pre- bid conference will not be binding or legally effective unless incorporated in an Addendum. ARTICLE 5 SAFETY PROGRAM; OTHER WORK AT THE SITE 5.01 Site and Other Areas A.The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 5.02 Existing Site Conditions A.Subsurface and Physical Conditions; Hazardous Environmental Conditions 1.The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site: a.Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data. b.Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data. c.Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site. d.Technical Data contained in such reports and drawings. 2.Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or inf ormation contained in such reports or shown or indicated in such drawings. 3.If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply. 4.Geotechnical Report: Geotechnical Report attached to the contract documents as an appendix that provide s soil information that the design is based on. If the contractor has any questions regarding the document, the contractor can request for explanation or interpretation per section 1-02.4(1) of the Technical Provisions. B.Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 3 of 10 presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. 5.03 Site Visit and Testing by Bidders A.Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site. B.A Site visit is scheduled following the pre-bid conference. Maps to the Site will be available at the pre-Bid conference. C.A Site visit is scheduled immediately following the pre-bid conference. Maps to the Site will be made available upon request. D.Bidders visiting the Site are required to arrange their own transportation to the Site. E.All access to the Site other than during a regularly scheduled Site visit must be coordinated through the following Owner or Engineer contact for visiting the Site: Elizabeth Jones, ElizabethJ@yelmwa.gov. Bidder must conduct the required Site visit during normal working hours. F.Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions. G.On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems neces sary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, der is responsible for establishing access needed to reach specific selected test sites. H.Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs. I.Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 5.04 A.Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions. 5.05 Other Work at the Site A.Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work con templated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matt ers), if any. EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 4 of 10 ARTICLE 6 6.01 Express Representations and Certifications in Bid Form, Agreement A.The Bid Form that each Bidder will submit contains express representations regarding the certifications regarding lack of collusion or fraud in connection with the B id. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid. B.If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement. ARTICLE 7 INTERPRETATIONS AND ADDENDA 7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents. 7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows: A.All questions must be directed in written form only to Elizabeth Jones, PM, by email at ElizabethJ@yelmwa.gov no later than five business days prior to the bid opening. 7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Qu estions received less than seven days prior to the date for opening of Bids may not be answered. 7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents. ARTICLE 8 BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent the form of a Bid bond issued by a surety meetin g the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents. Cashiers checks and certified checks are acceptable forms of bid security. 8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, wh ereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 5 of 10 damages in the case of a damages- if Bidder defaults. 8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released. 8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the awa rd will be released within 7 days after the Bid opening. 8.05 Section 1-03.4 of the Technical Specifications addresses the requirements f or the contract bond per Washington State Requirements. ARTICLE 9 CONTRACT TIMES 9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement. 9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement. ARTICLE 10 10.01 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibilit y of post-Bid approvals of - ARTICLE 11 SUBCONTRACTORS, SUPPLIERS, AND OTHERS 11.01 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work within five days after Bid opening: A.This work will include all the grading, decorative surface treatments that included pervious pavers and decorative colored concrete, and construction of seat walls. Work will also include storm elements to tie the project into the existing stormwater syste m. Illumination and electrical outlets will also be constructed to provide appropriate lighting levels for pedestrians and power for use by food trucks or other venders. Water main work and power undergrounding with resident and business service connections. 11.02 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 6 of 10 decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 11.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to sub sequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions. 11.0 5 The Contractor shall not award work to Subcontractor(s) in excess of the limits stated in SC 7.07A. ARTICLE 12 PREPARATION OF BID 12.01 The Bid Form is incl uded with the Bidding Documents. A.All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit pr ice item, and unit price item listed therein. 12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid. 12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown. 12.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown. 12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown. 12.06 12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joi nt venture must be shown. 12.08 All names must be printed in ink below the signatures. 12.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form. EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 7 of 10 12.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown. 12.11 Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the B id. 12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the writing that it will obtain such licensure within the time fo r acceptance of Bids and attach such the Bid Form. ARTICLE 13 BASIS OF BID 13.01 Unit Price A.Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form. B. offered by the will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions. C.Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct su m. 13.02 Allowances A.For cash allowances the Bid price must include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions. ARTICLE 14 SUBMITTAL OF BID 14.01 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the Bid Form. 14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of th e Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed i n a separate package plainly marked on the outside with EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 8 of 10 the Advertisement. 14.03 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened. ARTICLE 15 MODIFICATION AND WITHDRAWAL OF BID 15.01 See Section 1-02.10 of the technical specifications for instructions for Withdrawing, Revising, or Supplementing Proposal ARTICLE 16 OPENING OF BIDS 16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bid ders after the opening of Bids. ARTICLE 17 BIDS TO REMAIN SUBJECT TO ACCEPTANCE 17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 18 EVALUATION OF BIDS AND AWARD OF CONTRACT 18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work. 18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. 18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communicati on to Owner or Engineer, then Owner will reject the Bid as nonresponsive. 18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid. 18.05 Evaluation of Bids A.In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. B.For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items. EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 9 of 10 18.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcont ractors and Suppliers must be submitted as provided in the Bidding Documents. 18.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers. 18.08 Section 1.02.14 of the Technical Specifications address es Disqualification of Bidders. 18.09 Section s 1-03.1 and 1-03.7 of the Technical Specifications address Consideration o f Bids and the Judicial Review requirements respectively per the State of Washington Law. ARTICLE 19 BONDS AND INSURANCE 19.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets any), and insurance. When the Successful Bidder delivers the executed Agreement t o Owner, it must be accompanied by required bonds and insurance documentation. 19.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process. ARTICLE 20 SIGNING OF AGREEMENT 20.01 When Owner issues a Notice of Award to the Successful Bidder, it will be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder must execute and deliver the required number of counterparts of the Agreement and any bonds and insurance documentation required to be delivered by the Contrac t Documents to Owner. Within 10 days thereafter, Owner will deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions. ARTICLE 21 SALES AND USE TAXES 21.01 See Section 1-07.2 of the technical specifica tions for Washington State Law sales tax requirements. ARTICLE 22 CONTRACTS TO BE ASSIGNED ARTICLE 23 FEDERAL REQUIREMENTS 23.01 If the contract price is in excess of $100,000, provisions of the Contract Work Hours and Safety Standards Act at 29 CFR 5.5(b) apply. 23.02 Federal requirements at Article 19 of the Supplementary Conditions apply to this Contract. EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 10 of 10 (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS C-410 BID FORM City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions BID FORM FOR CONSTRUCTION CONTRACT The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 1 OWNER AND BIDDER This Bid is submitted to: The City of Yelm, Purchasing Office located at Yelm City Hall, 106 Second St SE, Yelm, WA 98597. 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the ti mes indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 ATTACHMENTS TO THIS BID 2.01 The following documents are submitted with and made a condition of this Bid: A.Required Bid security; B.List of Proposed Subcontractors; (WSDOT Form 271-015LP) C.List of Proposed Suppliers; D.Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids; E.l icense number as e or a covenant by Bidder to obtain said license within the time for acceptance of Bids; F. Required Bidder Qualification Statement with supporting data; G.If Bid amount exceeds $10,000, signed Compliance Statement (RD 400-6). Refer to specific equal opportunity requirements set forth in the Supplementary Conditions of the Construction Contract (EJCDC C-800); H.If Bid amount exceeds $25,000, signed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (AD-1048); I.If Bid amount exceeds $100,000, signed RD Instruction 1940-Q Exhibit A-1, Certification for Contracts, Grants, and Loans. J.Non-Collu sion Declaration, (WSDOT form 272-036H) K.Bidder Questionnaire (WSDOT Form 272-022) L.Contractor Certification Wage Law Compliance (WSDOT Form 272-009) EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 1 of 12 ARTICLE 3 BASIS OF BID LUMP SUM BID AND UNIT PRICES 3.01 Unit Price Bids A.Bidder will perform the following Work at the indicated unit prices shown: Downtown Activated Alleyway - Schedule A Fuller Footpath Bid WSDOT Description UNIT QTY Unit Price TOTAL Item SPEC No. A1 1-04 MINOR CHANGE CALC 1$78,000.00$78,000.00 A2 1-05 ROADWAY SURVEYING L.S.1 LUMP SUM A3 1-05 RECORD DRAWINGS (MIN BID $1000)L.S.1 LUMP SUM A4 1-07 SPCC PLAN L.S.1 LUMP SUM A5 1-07 APPRENTICESHIP INCENTIVE/PENALTY CALC 1$5,000.00$5,000.00 A6 2-01 MOBILIZATION L.S.1 LUMP SUM A7 2-04 PROJECT TEMPORARY TRAFFIC L.S.1 LUMP SUM CONTROL A8 3-02 REMOVAL OF STRUCTURES AND L.S.1 LUMP SUM OBSTRUCTIONS A9 3-02 ADJUST EXISTING UTILITY TO GRADE EACH 21 A10 3-03 ROADWAY EXCAVATION INCL. HAUL C.Y.1040 A11 3-07 STRUCTURE EXCAVATION CLASS B C.Y.11.3 INCL. HAUL A12 3-09 CONSTRUCTION GEOTEXTILE FOR S.Y.1020 UNDERGROUND DRAINAGE A13 4-05 CRUSHED SURFACING BASE COURSE C.Y.80 A14 4-05 CRUSHED SURFACING TOP COURSE C.Y.30 A15 4-05 PERMEABLE BALLAST TON 550 A16 5-04 PLANING BITUMINOUS PAVEMENT S.Y.180 A17 5-04 HMA CL. 1/2 IN. PG 58H-22 TON 48 A18 5-05 COLORED CONCRETE S.Y.179 A19 5-05 SCORED COLORED CONCRETE S.Y.53 A20 5-05 ACCENT PAVING CONCRETE S.Y.336 EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 2 of 12 A21 7-01 GRAVEL BACKFILL FOR DRAIN C.Y.140 A22 7-04 SCHEDULE A STORM SEWER PIPE 12 L.F.75 IN. DIAM. A23 7-05 CATCH BASIN TYPE 1 EACH 2 A24 7-05 CONNECTION TO DRAINAGE EACH 1 STRUCTURE A25 8-01 EROSION CONTROL AND WATER L.S.1 LUMP SUM POLLUTION PREVENTION A26 8-02 TOPSOIL TYPE A S.Y.180 A27 8-02 BARK OR WOOD CHIP MULCH S.Y.180 A28 8-02 PLANT SELCTION BERGENIA EACH 21 CORDIFOLIA 'WINTERGLUT' WINTERGLOW HEARTLEAF BERGENIA A29 8-02 PLANT SELCTION CALAMAGROSTIS X EACH 30 ACUTIFLORA 'KARL FOERSTER' KARL FOERSTER FEATHER REED GRASS A30 8-02 PLANT SELCTION CAREX OSHIMENSIS EACH 24 'EVERGOLD' EVERGOLD JAPANESE SEDGE A31 8-02 PLANT SELCTION ECHINACEA EACH 51 PURPUREA CONEFLOWER A32 8-02 PLANT SELCTION HEMEROCALLIS X EACH 80 'RED HOT RETURNS' RED HOT RETURNS DAYLILY A33 8-02 PLANT SELCTION MAHONIA EACH 12 AQUIFOLIUM 'COMPACTA' COMPACT OREGON GRAPE A34 8-02 PLANT SELCTION NANDINA EACH 30 DOMESTICA 'GULF STREAM' GULF STREAM NANDINA A35 8-02 PLANT SELCTION PENNISETUM EACH 53 ALOPECUROIDES 'HAMELN' HAMELN FOUNTAIN GRASS A36 8-02 PLANT SELCTION POTENTILLA EACH 20 FRUTICOSA 'MCKAY'S WHITE' MCKAY'S WHITE POTENTILLA A37 8-02 PLANT SELCTION SPIRAEA JAPONICA EACH 18 'WALBUMA' MAGIC CARPET JAPANESE SPIREA A38 8-02 PLANT SELECTION TAXES BACCATA EACH 8 'FASTIGIATA' IRISH YEW A39 8-02 PLANT SELECTION ARCTOSTAPHYLOS EACH 137 UVA-URSI KINNIKINNICK EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 3 of 12 A40 8-02 PLANT SELECTION HYDRANGEA EACH 9 QUERCIFOLIA 'LITTLE HONEY' OAKLEAF HYDRANGEA A41 8-02 PLANT SELECTION CERCIDIPHYLLUM EACH 1 JAPONICUM KATSURA TREE A42 8-04 CEMENT CONC. TRAFFIC CURB L.F.283 A43 8-14 2x2 SCORED CONCRETE S.Y.242 A44 8-14 DETECTABLE WARNING SURFACE S.F.56 A45 8-18 MAILBOX SUPPORT TYPE 1 EACH 1 A46 8-20 DECORATIVE ELECTRICAL SYSTEM, L.S.1 LUMP SUM COMPLETE A47 8-21 PERMANENT SIGNING L.S.1 LUMP SUM A48 8-24 GRAVITY BLOCK WALL S.F.210 A49 8-26 ORNAMENTAL FENCE L.F.110 A50 8-26 FAY FULLER LASER ETCHED PANEL L.S.1 LUMP SUM A51 8-26 PERVIOUS PAVERS S.Y.700 A52 8-26 TRASH ENCLOSURE AT 113 E YELM L.S.1 LUMP SUM AVE A53 8-26 TRASH ENCLOSURE AT 106 2ND ST SE L.S.1 LUMP SUM A54 8-26 TRASH ENCLOSURE AT 201 E YELM L.S.1 LUMP SUM AVE A55 8-26 TRASH ENCLOSURE AT 207 E YELM L.S.1 LUMP SUM AVE A56 8-26 CONCRETE SEAT WALL L.F.120 A57 8-26 ALUMINUM PLANTER EACH 45 A58 8-26 WELCOME SIGN EACH 2 A59 8-26 BANNER POLE & ASSEMBLY L.S.1 LUMP SUM A60 8-26 BENCH EACH 16 TOTAL SCHEDULE A EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 4 of 12 Downtown Activated Alleyway - Schedule B Joint Utility Trench Bid WSDOT Item Description UNIT QTY Unit Price TOTAL No. SPEC B1 1-04 MINOR CHANGE CALC 1 $24,000.00 $24,000.00 B2 1-05 RECORD DRAWINGS (MIN BID $1000)L.S.1 LUMP SUM B3 1-07 SPCC PLAN L.S.1 LUMP SUM B4 2-01 MOBILIZATION L.S.1 LUMP SUM B5 2-04 PROJECT TEMPORARY TRAFFIC L.S.1 LUMP CONTROL SUM B6 3-02 REMOVAL OF STRUCTURES AND L.S.1 LUMP OBSTRUCTIONS SUM B7 3-02 POTHOLING EACH 16 B8 3-07 STRUCTURE EXCAVATION FOR JOINT C.Y.590 UTILITY TRENCH CLASS B INCL. HAUL B9 4-05 CRUSHED SURFACING TOP COURSE C.Y.190 B10 4-05 PERMEABLE BALLAST TON 400 B11 5-04 TEMPORARY TRENCH RESTORATION - L.S.1 LUMP JOINT UTILITY TRENCH SUM B12 7-05 SHORING OR EXTRA EXCAVATION CL. B S.F.3600 B13 7-08 GRAVEL BACKFILL FOR PIPE ZONE 0 200 BEDDING B14 8-01 EROSION CONTROL AND WATER L.S.1 LUMP POLLUTION PREVENTION SUM B15 8-12 CHAIN LINK FENCE TYPE 3 L.F.12 B16 8-14 CEMENT CONC. CURB RAMP TYPE EACH 1 SINGLE DIRECTION A B17 8-27 FURNISH AND INSTALL CONDUIT 4 IN. L.F.1036 FOR LIGHT CURVE B18 8-27 FURNISH AND INSTALL CONDUIT 4 IN. L.F.1774 FOR COMCAST B19 8-27 FURNISH AND INSTALL CONDUIT 2 IN. L.F.177 FOR PSE B20 8-27 FURNISH AND INSTALL CONDUIT 3 IN. L.F.571 FOR PSE EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 5 of 12 B21 8-27 FURNISH AND INSTALL CONDUIT 4 IN. L.F.844 FOR PSE B22 8-27 UNDERGROUND SERVICE EACH 1 CONNECTION CONVERSION 113 E YELM AVE B23 8-27 UNDERGROUND SERVICE EACH 1 CONNECTION CONVERSION 201 E YELM AVE B24 8-27 UNDERGROUND SERVICE EACH 1 CONNECTION CONVERSION 207 E YELM AVE B25 8-27 UNDERGROUND SERVICE EACH 1 CONNECTION CONVERSION 105 2ND AVE B26 8-27 UNDERGROUND SERVICE EACH 1 CONNECTION CONVERSION 106 2ND AVE B27 8-27 UNDERGROUND SERVICE EACH 1 CONNECTION CONVERSION 208 WASHINGTON ST. B28 8-27 ADJUST UTILITY VAULT EACH 7 B29 8-27 ADJUST LIGHTCURVE UTILITY VAULT EACH 6 B30 8-27 FURNISH AND INSTALL PSE UTILITY EACH 1 VAULT 3 PHASE TRANSFORMER - V01 B31 8-27 FURNISH AND INSTALL PSE UTILITY EACH 1 SML UNISTRUT VAULT - V05 B32 8-27 FUNISH AND INSTALL PSE UTILITY SML EACH 1 UNISTRUT VAULT - V06 B33 8-27 FURNISH AND INSTALL PSE UTILITY EACH 1 JUNCTION BOX 575 - J01 B34 8-27 FURNISH AND INSTALL PSE UTILITY EACH 1 JUNCTION BOX 575 - J03 B35 8-27 FURNISH AND INSTALL PSE UTILITY EACH 1 JUNCTION BOX 575 - J16 B36 8-27 FURNISH AND INSTALL PSE UTILITY EACH 1 SINGLE PHASE HANDHOLE - HH1 B37 8-27 FURNISH AND INSTALL PSE UTILITY EACH 1 SINGLE PHASE HANDHOLE - HH2 B38 8-27 FURNISH AND INSTALL PSE UTILITY EACH 1 SINGLE PHASE HANDHOLE - HH3 B39 8-27 FURNISH AND INSTALL PSE UTILITY EACH 1 SINGLE PHASE HANDHOLE - HH4 B40 8-27 FURNISH AND INSTALL PSE UTILITY EACH 1 SINGLE PHASE HANDHOLE - HH16 EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 6 of 12 B41 8-27 FURNISH AND INSTALL PSE UTILITY EACH 1 SINGLE PHASE HANDHOLE - HH18 B42 8-27 FURNISH AND INSTALL LIGHT CURVE EACH 1 HANDHOLE - HH6 B43 8-27 FURNISH AND INSTALL LIGHT CURVE EACH 1 HANDHOLE - HH8 B44 8-27 FURNISH AND INSTALL LIGHT CURVE EACH 1 HANDHOLE - HH10 B45 8-27 FURNISH AND INSTALL LIGHT CURVE EACH 1 HANDHOLE - HH12 B46 8-27 FURNISH AND INSTALL LIGHT CURVE EACH 1 HANDHOLE - HH13 B47 8-27 FURNISH AND INSTALL LIGHT CURVE EACH 1 HANDHOLE - HH14 B48 8-27 FURNISH AND INSTALL LIGHT CURVE EACH 1 HANDHOLE - HH18 B49 8-27 FURNISH AND INSTALL COMCAST EACH 1 HANDHOLE - HH5 B50 8-27 FURNISH AND INSTALL COMCAST EACH 1 HANDHOLE - HH7 B51 8-27 FURNISH AND INSTALL COMCAST EACH 1 HANDHOLE - HH9 B52 8-27 FURNISH AND INSTALL COMCAST EACH 1 HANDHOLE - HH11 B53 8-27 FURNISH AND INSTALL COMCAST EACH 1 HANDHOLE - HH15 B54 8-27 FURNISH AND INSTALL COMCAST EACH 1 HANDHOLE - HH17 SUBTOTAL SCHEDULE B TAX RULE 170 (9.6% WSST) TOTAL SCHEDULE B EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 7 of 12 Downtown Activated Alleyway Schedule C Water Main Bid WSDOT Item Description UNIT QTY. Unit Price TOTAL No. SPEC C1 1-04 MINOR CHANGE CALC 1 $18,000.00 $18,000.00 C2 1-05 RECORD DRAWINGS (MIN BID $1000)L.S.1 LUMP SUM C3 1-07 SPCC PLAN L.S.1 LUMP SUM C4 2-01 MOBILIZATION L.S.1 LUMP SUM C5 2-04 PROJECT TEMPORARY TRAFFIC L.S.1 LUMP SUM CONTROL C6 3-02 REMOVAL OF STRUCTURES AND L.S.1 LUMP SUM OBSTRUCTIONS C7 3-02 REMOVAL OF ASBESTOS WATER MAIN L.F.375 C8 3-02 POTHOLING EACH 10 C9 5-04 TEMPORARY TRENCH RESTORATION - L.S.1 LUMP SUM WATER MAIN C10 7-09 TEMPORARY WATER AND SERVICE L.S.1 LUMP SUM CONNECTIONS C11 7-09 PVC PIPE FOR WATER MAIN 12 IN. L.F.346 DIAM. C12 7-12 GATE VALVE 12 IN.EACH 2 C13 7-15 SERVICE CONNECTION 5/8 IN. DIAM EACH 4 C14 8-01 EROSION CONTROL AND WATER L.S.1 LUMP SUM POLLUTION PREVENTION SUBTOTAL SCHEDULE C TAX RULE 170 (9.6% WSST) TOTAL SCHEDULE C Bidder acknowledges that: 1.each Bid Unit Price includes an amount considered by Bidder to be adequate to cover estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents. EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 8 of 12 3.02 T otal Bid Price (Lump Sum and Unit Prices) TOTAL COST SCHEDULE A TOTAL COST SCHEDULE B TOTAL SCHEDULE C TOTAL PROJECT COST (SCHEDULE A + SCHEDULE B + SCHEDULE C) The basic award for this contract will be based on the low bid for all work sched ules that include Schedule A plus Schedule B plus Schedule C. ARTICLE 4 TIME OF COMPLETION 4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 4.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 5 ADDENDA 5.01 Bid Acceptance Period A.This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 5.02 Instructions to Bidders A.Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. 5.03 Receipt of Addenda A.Bidder hereby acknowledges receipt of the following Addenda Addendum Number Addendum Date EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 9 of 12 ARTICLE 6 6.01 A.In submitting this Bid, Bidder represents th e following: 1.Bidder has examined and carefully studied the Bidding Documents, including Addenda. 2.Bidder has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3.Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work, including all Domestic Preference requirements. 4.Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in th e Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5.Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6.Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and (c) 7.Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8.Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 9.Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereo f by Engineer is acceptable to Contractor. 10.The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11.The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 10 of 12 6.02 A.The Bidder certifies the following: 1.This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 3.Bidder has not solicited or induced any individual or entity to refrain from bidding. 4.Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A: a.Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b.Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) t o establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition. c.Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels. d.Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 11 of 12 BIDDER hereby submits this Bid as set forth above: Bidder: (typed or printed name of organization) By: Name: (typed or printed) Title: (typed or printed) Date: (typed or printed) If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign. Attest: ) Name: (typed or printed) Title: (typed or printed) Date: (typed or printed) Address for giving notices: : Name: (typed or printed) Title: (typed or printed) Phone: Email: Address: Contractor License No.: (if applicable) EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 12 of 12 PART 1. BID DOCUMENTS C-430 BID BOND City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions BID BOND (PENAL SUM FORM) Bidder Surety Name: [Full formal name of Bidder] Name: [Full formal name of Surety] Address (principal place of business): Address (principal place of business): [A ddress of Bidder] [A ddress of Surety] Owner Bid Name: City of Yelm Project (name and location): Address (principal place of business): City of Yelm Activated Alleyway Fuller Footpath [A ddress of Owner] Bid Due Date: [Enter date bid is due] Bond Penal Sum: [Amount] Date of Bond: [Date] Surety and Bidder, intending to be legally bound hereby, subj ect to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. Bidder Surety (Full formal name of Bidder) (Full formal name of Surety) (corporate seal) By: By: (Si gnature) (S ignature) (Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (S ignature) (S ignature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 1.Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bi 2.Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payme nt bonds required by the Bidding Documents. 3.This obligation will be null and void if: 3.1. (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds require d by the Bidding Documents, or 3.2.All Bids are rejected by Owner, or 3.3.Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4.Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5.Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggr egate exceed 120 written consent. 6.No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date. 7.Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8.Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified m ail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned. 9.Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Suret y thereby. 10.This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bo nd conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect. 11. EJCDC® C-430, Bid Bond (Penal Sum Form). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 PART 1. BID DOCUMENTS C-451 QUALIFICATIONS STATEMENT City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS NON-COLLUSION DECLARATION Failure to return this Declaration as part of the bid proposal package will make the bid nonresponsive and ineligible for award. I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and to have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll- a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anony mity will be respected. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS LOCAL AGENCY SUBCONTRACTOR LIST Local Agency Name Local Agency Subcontractor List City of Yelm Prepared in compliance with RCW 39.30.060 as amended Local Agency Address To Be Submitted with the Bid Proposal Yelm City Hall, 106 2nd St SE, Yelm, WA 98597 Project Name_________________________________________________________ Failure to list subcontractors with whom the bidder, if awarded the contract, will directly subcontract for performance of th e work of structural steel installation, rebar installation, heating, ventilation and air conditioning, plumbing, as described in C hapter 18.106 RCW, and electrical, as described in Chapter 19.28 RCW or naming more than one subcontractor to perform the same work will result in your bid being non-responsive and therefore void. Subcontractor(s) with whom the bidder will directly subcontract that are proposed to perform the work of structural steel ins tallation, rebar installation, heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electri cal 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 RCW 39.30.060 requires a proof of license, the license number of that Subcontractor is required. To the extent the Project includes one or more categories of work referenced in RCW 39.30.060, and no subcontractor is listed below to perform such work, th e bidder certifies that the work will either (i) be performed by the bidder itself, or (ii) be performed by a lower tier subcontractor who will not contract directly with the bi dder. Subcontractor Name (and license number if required) 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 considered electrical equipment and therefore considered part of electrical work, even if the installation is for future use and no wiring or electrical current is connected during the project. DOT Form 271-015 Revised 06/2025 City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS BIDDERS QUESTIONAIRE City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1. BID DOCUMENTS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions Date Firm Gross Receipts Firm Age Bidder Questionnaire Federal Aid Number Contract Number Scope of Work NAICS Codes DBE Status ) Address (incl. Z /202 Firm/Subcontractor Name Agency Name Prime Contractor Name Contract Name If you have additional Firms or Subcontractors that submitted Bids, please complete additional forms Prime Contractor Representative DOT Form 272-022 Revised Previous Versions Obsolete 20-$30.72 . Form Instructions Options are “Less than $1 million”, “$1-$3 million”, “$3-$6 million”, “$6-$10 million”, “$10-$20 million ”, “$ Options are DBE and Non-DBE. irm. Enter the annual gross receipts. Enter the appropriate NAICS Codes for the work the bid was submitted Enter the scope of the work the bid was submitted for. Enter the DBE status. Enter the age of the Firm/Subcontractor Name:Address:DBE Status:NAICS Codes:Scope of Work:Firm Age:Firm Gross Receipts:million ”, “Greater than $30.72 million ”. DOT Form 272-022 Revised 12/2025 Previous Versions Obsolete PART 1. BID DOCUMENTS Contractor Certification Wage Law Compliance Responsibility Criteria Washington State Public Works Contracts FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the Call for Bids. Bidder Name: Name of Contractor/Bidder - Print full legal entity name of firm By: __________________________ _ _____________________________ Signature of authorized person Print Name of person making certifications for firm Title:____________________________ Place: ________________________ Title of person signing certificate Print city and state where signed Date:____________________________ City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1 BID DOCUMENTS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1 BID DOCUMENTS STATEMENT OF INTENT TO PAY PREVAILING WAGES City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1 BID DOCUMENTS AFFIDAVIT OF WAGES PAID City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1 BID DOCUMENTS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 1 BID DOCUMENTS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 2. AGREEMENT, BONDS, AND OTHER FORMS PART 2. AGREEMENT, BONDS AND OTHER FORMS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 2. AGREEMENT, BONDS, AND OTHER FORMS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 2. AGREEMENT, BONDS, AND OTHER FORMS EJCDC C-510 NOTICE OF AWARD City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 2. AGREEMENT, BONDS, AND OTHER FORMS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 2. AGREEMENT, BONDS, AND OTHER FORMS EJCDC C-520 OWNER/CONTRACTOR AGREEMENT City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 2. AGREEMENT, BONDS, AND OTHER FORMS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 2. AGREEMENT, BONDS, AND OTHER FORMS EJCDC C-550 NOTICE TO PROCEED City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 2. AGREEMENT, BONDS, AND OTHER FORMS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions (this page intentionally left blank) PART 2. AGREEMENT, BONDS, AND OTHER FORMS EJCDC C-610 PERFORMANCE BOND City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 2. AGREEMENT, BONDS, AND OTHER FORMS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 2. AGREEMENT, BONDS, AND OTHER FORMS EJCDC C-615 PAYMENT BOND City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 2. AGREEMENT, BONDS, AND OTHER FORMS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 3. GENERAL CONDITIONS AND SUPPLEMENTARY CONDITIONS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions EJCDC C-700 STANDARD GENERAL CONDITIONS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 Definitions and Terminology ........................................................................................................ 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 6 Article 2 Preliminary Matters ..................................................................................................................... 7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance......................................... 7 2.02 Copies of Documents .................................................................................................................... 7 2.03 Before Starting Construction ........................................................................................................ 7 2.04 Preconstruction Conference; Designation of Authorized Representatives .................................. 8 2.05 Acceptance of Schedules .............................................................................................................. 8 2.06 Electronic Transmittals ................................................................................................................. 8 Article 3 Contract Documents: Intent, Requirements, Reuse .................................................................... 9 3.01 Intent ............................................................................................................................................. 9 3.02 Reference Standards ..................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies ...................................................................................... 10 3.04 Requirements of the Contract Documents ................................................................................. 10 3.05 Reuse of Documents ................................................................................................................... 11 Article 4 Commencement and Progress of the Work .............................................................................. 11 4.01 Commencement of Contract Times; Notice to Proceed ............................................................. 11 4.02 Starting the Work ........................................................................................................................ 11 4.03 Reference Points ......................................................................................................................... 11 4.04 Progress Schedule ....................................................................................................................... 12 4.05 .................................................................................................. 12 Article 5 Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions .................... 13 5.01 Availability of Lands .................................................................................................................... 13 5.02 Use of Site and Other Areas ........................................................................................................ 14 5.03 Subsurface and Physical Conditions ............................................................................................ 15 5.04 Differing Subsurface or Physical Conditions ............................................................................... 16 E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 1 of 5 5.05 Underground Facilities ................................................................................................................ 17 5.06 Hazardous Environmental Conditions at Site ............................................................................. 19 Article 6 Bonds and Insurance .................................................................................................................. 21 6.01 Performance, Payment, and Other Bonds .................................................................................. 21 6.02 Insurance General Provisions ................................................................................................... 22 6.03 ................................................................................................................ 24 6.04 .............................................................................. 25 6.05 Property Losses; Subrogation ..................................................................................................... 25 6.06 Receipt and Application of Property Insurance Proceeds .......................................................... 27 Article 7 ..................................................................................................... 27 7.01 .................................................................... 27 7.02 Supervision and Superintendence .............................................................................................. 27 7.03 Labor; Working Hours ................................................................................................................. 27 7.04 Services, Materials, and Equipment ........................................................................................... 28 7.05 .................................................................................................................................. 28 7.06 Substitutes .................................................................................................................................. 29 7.07 Concerning Subcontractors and Suppliers .................................................................................. 31 7.08 Patent Fees and Royalties ........................................................................................................... 32 7.09 Permits ........................................................................................................................................ 33 7.10 Taxes ........................................................................................................................................... 33 7.11 Laws and Regulations .................................................................................................................. 33 7.12 Record Documents ...................................................................................................................... 33 7.13 Safety and Protection ................................................................................................................. 34 7.14 Hazard Communication Programs .............................................................................................. 35 7.15 Emergencies ................................................................................................................................ 35 7.16 Submittals ................................................................................................................................... 35 7.17 ......................................................................... 38 7.18 Indemnification ........................................................................................................................... 39 7.19 Delegation of Professional Design Services ................................................................................ 39 Article 8 Other Work at the Site ............................................................................................................... 40 8.01 Other Work ................................................................................................................................. 40 8.02 Coordination ............................................................................................................................... 41 8.03 Legal Relationships ...................................................................................................................... 41 E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 2 of 5 Article 9 ............................................................................................................ 42 9.01 Communications to Contractor .................................................................................................. 42 9.02 Replacement of Engineer ............................................................................................................ 42 9.03 Furnish Data ................................................................................................................................ 42 9.04 Pay When Due ............................................................................................................................. 42 9.05 Lands and Easements; Reports, Tests, and Drawings ................................................................. 43 9.06 Insurance ..................................................................................................................................... 43 9.07 Change Orders ............................................................................................................................ 43 9.08 Inspections, Tests, and Approvals ............................................................................................... 43 9.09 ..................................................................................... 43 9.10 Undisclosed Hazardous Environmental Condition ...................................................................... 43 9.11 Evidence of Financial Arrangements ........................................................................................... 43 9.12 Safety Programs .......................................................................................................................... 43 Article 10 .................................................................................... 44 10.01 .......................................................................................................... 44 10.02 Visits to Site ............................................................................................................................. 44 10.03 Resident Project Representative............................................................................................. 44 10.04 ............................................................................................................... 44 10.05 Determinations for Unit Price Work ....................................................................................... 45 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work ................... 45 10.07 ...................................................... 45 10.08 Compliance with Safety Program ............................................................................................ 45 Article 11 Changes to the Contract .......................................................................................................... 46 11.01 Amending and Supplementing the Contract .......................................................................... 46 11.02 Change Orders ........................................................................................................................ 46 11.03 Work Change Directives .......................................................................................................... 46 11.04 Field Orders ............................................................................................................................. 47 11.05 Owner-Authorized Changes in the Work ................................................................................ 47 11.06 Unauthorized Changes in the Work ........................................................................................ 47 11.07 Change of Contract Price ........................................................................................................ 47 11.08 Change of Contract Times ....................................................................................................... 49 11.09 Change Proposals .................................................................................................................... 49 11.10 Notification to Surety .............................................................................................................. 50 E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 3 of 5 Article 12 Claims ....................................................................................................................................... 50 12.01 Claims ...................................................................................................................................... 50 Article 13 Cost of the Work; Allowances; Unit Price Work ...................................................................... 51 13.01 Cost of the Work ..................................................................................................................... 51 13.02 Allowances .............................................................................................................................. 55 13.03 Unit Price Work ....................................................................................................................... 55 Article 14 Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 56 14.01 Access to Work ........................................................................................................................ 56 14.02 Tests, Inspections, and Approvals ........................................................................................... 56 14.03 Defective Work ....................................................................................................................... 57 14.04 Acceptance of Defective Work................................................................................................ 58 14.05 Uncovering Work .................................................................................................................... 58 14.06 Owner May Stop the Work ..................................................................................................... 58 14.07 Owner May Correct Defective Work ....................................................................................... 59 Article 15 Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 59 15.01 Progress Payments .................................................................................................................. 59 15.02 ................................................................................................ 62 15.03 Substantial Completion ........................................................................................................... 62 15.04 Partial Use or Occupancy ........................................................................................................ 63 15.05 Final Inspection ....................................................................................................................... 64 15.06 Final Payment .......................................................................................................................... 64 15.07 Waiver of Claims ..................................................................................................................... 65 15.08 Correction Period .................................................................................................................... 66 Article 16 Suspension of Work and Termination ..................................................................................... 67 16.01 Owner May Suspend Work ..................................................................................................... 67 16.02 Owner May Terminate for Cause ............................................................................................ 67 16.03 Owner May Terminate for Convenience................................................................................. 68 16.04 Contractor May Stop Work or Terminate ............................................................................... 68 Article 17 Final Resolution of Disputes .................................................................................................... 69 17.01 Methods and Procedures ........................................................................................................ 69 Article 18 Miscellaneous .......................................................................................................................... 69 18.01 Giving Notice ........................................................................................................................... 69 18.02 Computation of Times............................................................................................................. 69 E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 4 of 5 18.03 Cumulative Remedies ............................................................................................................. 70 18.04 Limitation of Damages ............................................................................................................ 70 18.05 No Waiver ............................................................................................................................... 70 18.06 Survival of Obligations ............................................................................................................ 70 18.07 Controlling Law ....................................................................................................................... 70 18.08 Assignment of Contract........................................................................................................... 70 18.09 Successors and Assigns ........................................................................................................... 70 18.10 Headings .................................................................................................................................. 70 E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. TOC Page 5 of 5 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 1 DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with indicated in the definitions below. In addition to terms specifically define d, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder An individual or entity that submits a Bid to Owner. 6. Bidding Documents The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contr act Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 70 requirements of the Contract Documents or the acceptability of Work under the seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract. b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer h as declined to address. c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment. d. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract The entire and integrated written contract between Owner and Contractor concerning the Work. 13. Contract Documents Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 15. Contract Times The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work See Paragraph 13.01 for definition. 18. Drawings The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract The date, indicated in the Agreement, on which the Contract becomes effective. 20. Electronic Document Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 21. Electronic Means Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) p rinting of the transmitted Electronic Document by the E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 70 recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 22. Engineer The individual or entity named as such in the Agreement. 23. Field Order A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 24. Hazardous Environmental Condition The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the C ontract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 25. Laws and Regulations; Laws or Regulations Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 27. Milestone A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work. 28. Notice of Award Bid. 29. Notice to Proceed A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 30. Owner The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 31. Progress Schedule A schedule, prepared and maintained by Contractor, describing the Work within the Contract Times. 32. Project The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 70 33. Resident Project Representative The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative. 34. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 35. Schedule of Submittals A schedule, prepared and maintained by Contractor, of required 36. Schedule of Values A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for 37. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, ar e not Drawings and are not Contract Documents. 38. Site Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands or areas furnished by Owner which are designated for the use of Contractor. 39. Specifications The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 40. Subcontractor An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 41. Submittal A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawin gs and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality- instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clar ification are not Submittals. 42. Substantial Completion The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a spec ified part thereof) can be utilized for the purposes for which it is intended. of the Work refer to Substantial Completion of such Work. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 70 43. Successful Bidder The Bidder to which the Owner makes an award of contract. 44. Supplementary Conditions The part of the Contract that amends or supplements these General Conditions. 45. Supplier A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 46. Technical Data a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site. b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at t he Site that are set forth in any geotechnical, environme ntal, or other Site or facilities conditions report prepared for the Project and made available to Contractor. c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings. 47. Underground Facilities All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produc e, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wa stewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 48. Unit Price Work Work to be paid for on the basis of unit prices. 49. Work The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. 50. Work Change Directive A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 70 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless ther e is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day midnight. D. Defective unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or Paragraph 15.04). E. Furnish, Install, Perform, Provide 1. means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable co ndition. 2. means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words tall said services, materials, or equipment complete and ready for intended use. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 70 F. Contract Price or Contract Times (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as G. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds). B. : When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance re quired to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies. C. : After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract), the certificates and other e vidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cos t of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of t he Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 70 into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work, and to discuss the schedules referred to in Paragra ph 2.03.A, procedures for handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to tran smit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review the schedules submitted in accordance with Paragraph 2.03.A. No progress payment will be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, schedulin g, or responsibility therefor. 2. workable arrangement for reviewing and processing the required submittals. 3. if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resul ting from the differing from those used in the drafting or transmittal of the Electronic Documents. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 70 ARTICLE 3 CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contra ct Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or 2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the stand ard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Document s. 2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer from those set forth in the part of the Co ntract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner or Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibilit y E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 70 inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. : Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the confl ict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 2. : If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or in terpretation RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptab ility of the Work. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 70 B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or o therwise), or (3) other engineering or technical matters, then Engineer will promptly notify Owner and Contractor in writing that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of suc h a matter in question, either party may pursue resolution as provided in Article 12. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such D rawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the 30th day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effe ctive Date of the Contract. In no event will the Contract Times commence to run later than the 60th day after the day of Bid opening or the 30th day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which Contractor shall be responsible for laying out the Work, shall protect and pre serve the E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 70 established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or require s relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permi tted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Sub contractor or Supplier shall be deemed to be within the control of Contractor. C. unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equit able adjustment delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustmen t in Contract Times under this paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 3. Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8); and 4. Acts of war or terrorism. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 70 D. follows: 1. delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interferen ce. 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an expla nation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown o r indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.05.D and 4.05.E. G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. ARTICLE 5 SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 70 B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or oth erwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; an d (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.13, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispu te resolution proceeding, or in a court of competent jurisdiction; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultan ts and subcontractors of each and any of them, from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbi tration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indir ectly, in whole or in part by, conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to app licable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, constructio n equipment E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 70 and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data; 2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data; and 3. Technical Data contained in such reports and drawings. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data. C. Reliance by Contractor on Technical Data: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has be en made, then Contractor may rely upon the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. D. Limitations of Other Data and Documents: Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and progr ams incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; 3. the contents of other Site-related documents made available to Contractor, such as documents concerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 70 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. is of such a nature as to require a change in the Drawings or Specifications; 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contract or to do so. B. : After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine whether it is necessary for Owner to obtain additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Own of Work in connection with the subsurface or physical condition in question and the need for findings, conclusions, and recomme ndations. C. findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting s, in whole or in part. D. Early Resumption of Work: If at any time Engineer determines that Work in connection with has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. E. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decreas e in E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 70 the following: a. Such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, c. provisions of Paragraphs 4.05.D and 4.05.E. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; b. The existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Docume commitment; or c. Contractor failed to give the written notice required by Paragraph 5.04.A. 3. extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days he subsurface or physical condition in question. F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. : Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: 1. reviewing and checking all information and data regarding existing Underground Facilities at the Site; 2. complying with applicable state and local utility damage prevention Laws and Regulations; E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 17 of 70 3. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after becomi ng aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing regarding such Und erground Facility. C. : Engineer will: 1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings, or was not shown or indicated with reasonable accuracy; 2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Underground Faci lity in question; 3. obtain any pertinent cost or schedule information from Contractor; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facil ity; and 4. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question addressing the resumption of Work in connection w ith such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting tions in whole or in part. E. Early Resumption of Work: If at any time Engineer determines that Work in connection with issuance of its statement to Contractor, because the Underground Facility in question and conditions a ffected by its presence have been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. F. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, to the extent that any existing Underground Facility at the Site that was not shown E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 70 or indicated on the Drawings, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in , to the following: a. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; b. provisions of Paragraphs 4.05.D and 4.05.E; and c. Contractor gave the notice required in Paragraph 5.05.B. 2. extent of any adjustment in the Contract Price or Contract Times, then any such adjustment will be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, no later than 30 days he Underground Facility in question. 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b) obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such informa tion or data is incorrect Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has be en made, then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim ag ainst Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. not limited to, any aspects of the means, methods, techniques, sequences and procedures E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 70 of construction to be employed by Contractor, and safety precautions and programs incident thereto; 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the sco pe of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and f or the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as re quired by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective acti on, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that s uch condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, as a result of such Work stoppage, such special conditions under which Work is agreed to be resumed by Con tractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, then within 30 Change Proposal, or Owner may impose a set-off. Entit lement to any such adjustment is subject to the provisions of Paragraphs 4.05.D, 4.05.E, 11.07, and 11.08. H. If, after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 70 conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any o f them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited relianc e pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.I obligates Owner to indemnify any individual or entity from and against the consequences of J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to t he failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is respon sible. Nothing in this Paragraph 5.06.J obligates Contractor to K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supp lementary Conditions, or other provisions of the Contract. B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Bidding Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws or E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 70 Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable supplemente d) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that effective on the date the agent or attorney-in-fact signed the accompanying bond. D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event g iving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from 16. G. Upon request to Owner from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or ent ity. H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such per son or entity. 6.02 Insurance General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized in the state or jurisdiction in which the Project is located to issue insurance po licies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Alternative forms of insurance coverage, including but not limited to self-insurance and the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. Contractor shall deliver to Owner, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages required by the Contra ct. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, fu ll disclosure of all relevant exclusions, and evidence of insurance required to be purchased and maintained by E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 70 Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E. Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages required of Owner by the Con tract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies, documentation of applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract. F. Failure of Owner or Contractor to demand such certificates or other evidence of the other to identify a deficiency in compliance from the evidence provided, will not be construed as a G. In addition to the liability insurance required to be provided by Contractor, the Owner, at policies, if any, operate separately and independently from policies r equired to be provided H. Contractor shall require: 1. liability, and other insurance that is appropriate for their participation in the Project, and to name as additional insureds Owner and Engineer (and any other individuals o r entities 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. I. If either party does not purchase or maintain the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. J. to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limit ed to the cost of Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) to obtain equivalent ho was required to provide such coverage, and the Contract Price will be adjusted accordingly. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 70 L. Owner does not represent that insurance coverage and limits established in this Contract responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. M. The insurance and insurance limits required herein will not be deemed as a limitation on to Owner and other individuals and entities in the Contract or other wise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused, until at least 10 days prior written notice has been giv en to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. 6.03 A. Required Insurance Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B. General Provisions: The policies of insurance required by this Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided, or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to co nduct other tasks arising from the Contract; 4. apply with respect to the performance of the Work, whether such performance is by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them ma y be liable; and 5. include all necessary endorsements to support the stated requirements. C. Additional Insureds liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner and Engineer, and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective officers, directors, members, partners, employees, and consultants of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 70 4. not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respect to operations. 6.04 A. : Unless otherwise provided in the Supplementary Conditions, Contractor shall mounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). Supplementary Conditions. B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance w ill be written on a special perils (all-risk) form, on a insurance, and will be maintained un til the Work is complete, as set forth in Paragraph 15.06.D. C. Property Insurance for Substantially Complete Facilities: Promptly after Substantial Completion, and before actual occupancy or use of the substantially completed Work, Owner will obtain property insurance for such substantially completed Work, and maintain such property insurance at least until the Work is com plete, as set forth in Paragraph 15.06.D. Such property insurance will be written on a special perils (all-risk) form, on a replacement cost basis, and provide coverage consistent with that require such property insurance. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then endorsement consenting to the continuation of coverag e prior to commencing such partial occupancy or use. E. Insurance of Other Property; Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, then the entity or individual owning such property item will be responsible for insuring it. If Contractor elects to obtain other insurance policies provided under this Paragraph 6.05 Property Losses; Subrogation A. Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 70 Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. 1. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or result ing from any of the perils, risks, or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all individuals or entities identified in th e Supplementary members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or the Work will occur, or to which any part of the Work will attach or adjoin; t o adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06, will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor, Subcontractors, or Engineer, or the officers, directors, mem bers, partners, employees, agents, consultants, or subcontractors of each and any of them, and that the prior to the loss, da mage, or consequential loss. 1. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or r esulting from fire or any of the perils, risks, or causes of loss covered by such policies. C. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to peri l, risk, or cause of loss. D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from fire or other peril, ris risk insurance, installation floater, and any other property insurance applicable to the Work. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 70 6.06 Receipt and Application of Property Insurance Proceeds A. Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such a greement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7 7.01 A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or means, methods, techniques, sequences, and procedures, or for Site safe ty, then Contractor shall cause such services to be provided by a properly licensed design professional, at -delegated professional design services under this Contract, and neither Owner nor Engineer has a ny responsibility with respect to of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omi ssions, or defects in such services. 7.02 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall maintain good discipline and order at the Site. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 70 B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of other individuals or entities performing or furnishing any of the Work, just as Contractor is C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site will be performed during regular working hours, Mon day through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only easonably withheld. 7.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Doc uments. B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment must be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.05 A. : Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that item is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that the proposed item: 1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 70 2) will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) has a proven record of performance and availability of responsive service; and 4) is not objectionable to Owner. b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B. C. : Engineer will be allowed a reasonable time to - -- - an approved Shop Drawing or other written com munication. Engineer will advise Contractor in writing of any negative determination. D. - - final and binding, and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or - request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06. 7.06 Substitutes A. : Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize t he use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 70 3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application: a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be similar in substance to the item specified; and 3) be suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times; 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. : Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judg e of acceptability. No substitute will be ordered, furnished, ination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determin ation. C. Special Guarantee performance guarantee or other surety with respect to any substitute. D. substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Eng ineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contr act with Owner) resulting from the acceptance of each proposed substitute. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 70 E. : Contractor shall provide all data in support of any proposed substitute F. : If Engineer approves the substitution request, Contractor denial of a substitution request will be final and binding, and may not be reversed through an appeal unde r any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal. 7.07 Concerning Subcontractors and Suppliers A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contract Documents. B. Contractor shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so. C. Contract, Owner may not require Contractor to retain any Subcontractor or Supplier to furnish or perform any of the Work against which Contractor has reasonable objec tion. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable during the bidding p rocess or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days. E. Owner may require the replacement of any Subcontractor or Supplier. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contracto r has submitted the identity of certain Subcontractors or Suppliers for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subc ontractor or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier. F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contrac tor shall replacement. G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 70 H. On a monthly basis, Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. J. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers, or in delineating the Work to be performed by any specific trade. K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier. M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or cop yrights held by others. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyri ghts calling for the payment of any license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors, from and against all claims, costs, losses, an d damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any l icense fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, from and a gainst all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to an y infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 70 7.09 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor s hall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable negotiated contract). Owner shall pay all char ges of utility owners for connections for providing permanent service to the Work. 7.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.11 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attor neys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other Contract Documents i s in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give written notice to the other party of any changes after the negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlemen t to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such written notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.12 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor s hall deliver these record documents to Engineer. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 70 7.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or p roperty in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of c onstruction. D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owne r or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other indivi dual or entity directly or indirectly employed by any of them). E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. F. Contractor shall notify Owner; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Supplementary Conditions or Specifications. H. comply while at the Site. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 70 I. Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.C that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion). J. Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Docu ments. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the S ite in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor bel ieves that any significant changes in the Work or variations from the Contract Documents have been caused by an determines that a change in the Contract Document s is required because of an emergency or 7.16 Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, Contractor shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: 1) all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2) the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 3) techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Sub mittal. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 70 3. With each Shop Drawing or Sample, Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents. This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide, and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.C. 2. Samples a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the Submittal for the limited purposes required by Paragraph 7.16.C. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule pertinent submittal will be at the sole expense and responsibility of Contractor. C. 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the determine if the items covered by the Submittals will, after installation or incorporat ion in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. sequences, or procedures of construction, or to safety precautions or programs incident thereto. 3. the assembly in which the item functions. 4. from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 70 document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5. from responsibility for complying with the requirements of Paragraphs 7.16.A and B. 6. requirements of the Contract Documents, will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Ord er. 7. will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.C.4. D. Resubmittal Procedures for Shop Drawings and Samples 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisio ns other than the corrections called for by Engineer on previous Submittals. 2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two nt resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for -off against payments due Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Owner may impose a set-off against payments due Contractor to secure reimbursement fo r such charges, unless the need for such change is beyond the control of Contractor. E. Submittals Other than Shop Drawings, Samples, and Owner-Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs: a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted. Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. requirements of the Contract Documents as to general form and content of the Submittal. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 70 d. If any such Submittal is not accepted, Contractor shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals, and the Schedule of Values are set forth in Paragraphs 2.03. 2.04, and 2.05. F. Owner-delegated Designs: Submittals pursuant to Owner-delegated designs are governed by the provisions of Paragraph 7.19. 7.17 A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the warranty and guarantee. B. 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however, that after the end of the correction period under Paragraph 15.08: 1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective; and 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the notice. C. 1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. D. Documents is absolute. None of the following will constitute an acceptance of Work that is ligation to warranty and guarantee rights under this Paragraph 7.17: 1. Observations by Engineer; 2. Recommendation by Engineer or payment by Owner of any progress or final payment; 3. The issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. Use or occupancy of the Work or any part thereof by Owner; 5. Any review and approval of a Shop Drawing or Sample submittal; 6. The issuance of a notice of acceptability by Engineer; 7. The end of the correction period established in Paragraph 15.08; 8. Any inspection, test, or approval by others; or E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 70 9. Any correction of defective Work by Owner. E. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the nce obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partner s, employees, agents, consultants and subcontractors of each and any of them, from losses, damages, costs, and judgments (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arb itration or other dispute resolution costs) arising from third-party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily i njury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Contractor, any Subcontra ctor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, by any employee (or the survivor or personal representative of such employee) of Contractor, any Su bcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A will not be limite d in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such disability benefit acts, or other e mployee benefit acts. 7.19 Delegation of Professional Design Services A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submit tals that Contractor must furnish to Engineer with respect to the Owner-delegated design. B. Contractor shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifica tions, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer, then such Shop Drawing or fessional when submitted by Contractor to Engineer. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 70 D. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner-delegated design, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to an Owner-delegated design will be only for the following limited p urposes: 1. Checking for conformance with the requirements of this Paragraph 7.19; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. ARTICLE 8 OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may employees, or through contracts between the Owner and third parties. Owner may al so arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regar ding the start of any third-party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is y for the introduction and storage of materials and equipment and the execution of such other work. D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 70 E. performed by others, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that ren der it cts and deficiencies in such other work. F. The provisions of this article are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any rel ated delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to arrange to have utility owners perform work at or adjacent to the Site, t he following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Work or to the property of C ontractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the C ontract Times. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and e xtent of, any such equitable adjustment will take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price such other contractor or utility owner with respect to the damage, delay, disruption, or interference that Times or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 70 B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due Contractor, and assign to such other contr actor or of the obligations set forth in this Paragraph 8.03.B. 2. Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due Contractor. C. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, failure to take reasonable and customary measures to avoid such impac ts, or if any claim adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless O wner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor status under the Contract Documents will be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 70 9.05 Lands and Easements; Reports, Tests, and Drawings A. 5.01. B. are set forth in Paragraph 4.03. C. Article explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. property insurance are set forth in Article 6. 9.07 Change Orders A. 11. 9.08 Inspections, Tests, and Approvals A. Paragraph 14.02.B. 9.09 A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible the safety precautions and programs incident thereto, or for any failur e of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not Documents. 9.10 Undisclosed Hazardous Environmental Condition A. forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that (including obligations under proposed changes in the Work). 9.12 Safety Programs A. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 70 ARTICLE 10 10.01 A. construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe, as an experienced and qualified design professional, the progress that has been made and the quality of t he various observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engi neer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the confidence that the completed Work will conf orm generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. responsibility set forth in Paragraph 10.07. Particularly, but without limitation, during or as a techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failu re of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Resident Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Res ident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in the Supplementary Conditions and in Paragraph 10.07. B. employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions. 10.04 A. Engineer has the authority to reject Work in accordance with Article 14. B. 7.16. C. professional design services, is set forth in Paragraph 7.19. D. 11. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 70 E. 15. 10.05 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. I n rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.07 A. 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, will create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for safety precautions and programs incident thereto, or for any failure of Co ntractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be de livered by Contractor under Paragraph 15.06.A, will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.07 also apply to the Resident Project Representative, if any. 10.08 Compliance with Safety Program A. been informed. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 70 ARTICLE 11 CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. C. All changes to the Contract that involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer. 11.02 Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. Changes in Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.05, (b) 14.04 or 14.07, or (c) agreed to by the involves the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters; and 4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work; and similar provisions. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of Paragraph 11.02.A, it will be deemed to be of full force and effect, as if fully executed. 11.03 Work Change Directives A. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, fol lowing Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expre ssly including Paragraph 11.07 regarding change of Contract Price. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 70 B. If Owner has issued a Work Change Directive and: 1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directiv e. 2. Owner believes that an adjustment in Contract Times or Contract Price is necessary, then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A. Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contrac t Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.05 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or B. Such changes in the Work may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work must be performed under the applicable conditions of the Contract Do cuments. C. Nothing in this Paragraph 11.05 obligates Contractor to undertake work that Contractor obligations under the Contract Documents or Laws and Regulations. 11.06 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.C.2. 11.07 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 70 1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.07.C.2); or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a 11.07.C). C. determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs be 15 percent; b. For costs incurred under Paragraph c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greate r than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 70 11.08 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, a nd explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B. Change Proposal Procedures 1. Submittal: Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto, or after such initial decision. 2. Supporting Data: The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said even t. 3. : Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review an d making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Propo sal. 4. supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Enginee r does not take acti on on the Change E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 70 Proposal within 30 days, then either Owner or Contractor may at any time thereafter Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 5. Binding Decision unless Owner or Contractor appeals the decision by filing a Claim under Article 12. C. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. D. Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.B. 11.10 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any suc responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12 CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor are subject to the Claims process set forth in this article: 1. 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters; and 4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.B. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, Contractor shall certify that the Claim is made in good faith, that the E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 70 and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving th e Claim by mutual agreement. All actions taken on a Claim will be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process will resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process will resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one- E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action will be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor ma y at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim will be final and binding unl ess within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and bin ding; then the results of the agreement or action on the Claim will be incorporated in a Change Order or other written document to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Pric e. ARTICLE 13 COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 70 2. When needed to determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additi onal or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project, will not include any of the costs itemized in Paragraph 13.01.C, and will include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor in advance of the subject Work. Such employees include, without limitation, superinten dents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs in clude, but are not limited to, salaries and wages plus the cost of fringe benefits, which compensation, health and retirement benefits, sick leave, and vacation and ho liday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, will be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including connection therewith. All cash discounts accrue to Contractor unless Owner deposit s funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, which will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work in the same 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work. 5. Other costs consisting of the following: a. The proportion of necessary transportation, travel, and subsistence expenses of b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, which are E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 70 consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. 1) In establishing included costs for materials such as scaffolding, plating, or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects; or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c. Construction Equipment Rental 1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use t hereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor or a Contractor-related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions. An hourly rate will be computed by dividing t he monthly rates by 176. These computed rates will include all operating costs. 3) With respect to Work that is the result of a Change Order, Change Proposal, Claim, set- costs will be based on the time the equipment or machinery is in use on the changed Work and the c osts of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible risk or other property insurance established in accordance with Paragraph 6.04), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of t hem or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses will be included in the Cost of the Work for the fee. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 70 g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work does not include any of the following items: 1. general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other per sonnel for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to 2. The cost of purchasing, renting, or furnishing small tools and hand tools. 3. Site. 4. employed for the Work and charges against Contractor for delinquent payments. 5. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or eq uipment wrongly supplied, and making good any damage to property. 6. Expenses incurred in preparing and advancing Claims. 7. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. 1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then: a. Date of the Contract will be determined as set forth in the Agreement. b. for any Work covered by a Change Order, Change Proposal, Claim, set-off, or other determined as follows: 1) When the fee for the Work as a whole is a percentage of the Cost of the Work, the fee will automatically adjust as the Cost of the Work changes. 2) When the fee for the Work as a whole is a fixed fee, the fee for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a- E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 70 Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours drawings, receipts, vouchers, memoranda, and similar data r elating to the Cost of the Work after the final payment by Owner. Pertinent Subcontractors will afford such access to Owner, and preserve such documents, to the same extent required of Contractor. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engin eer. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional paym ent for any of the foregoing will be valid. C. if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of U nit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate D. Engineer will determine the actual quantities and classifications of Unit Price Work performed determinations on such matters before rendering a written decision thereon (by re E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 70 thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisi ons of the following paragraph. E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and b. materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 14 TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction have access to the Site and the Work at reasonable times for their observation, inspection, and test ing. Contractor safety procedures and programs so that they may comply with such procedures and programs as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, e xcept that costs incurred in connection with tests or inspections of covered Work will be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 70 D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering will be at Co same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. B. : Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it w ith Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the ins pection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 70 losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final with the design intent and applicable engineering principles, and will not endanger public safety). Contractor determination to accept such defective Work (such co sts to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with resp ect to the Work will be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and impose a reasonable set-off against payments due under Ar ticle 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contract or to stop the Work, E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 70 or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work will not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Suppl ier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace defective Work as required by Engineer, then uch deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend corporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored agents and employees, enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or D. Contractor shall not be allowed an extension of the Contract Times because of any delay in remedies under this Paragraph 14.07. ARTICLE 15 PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determine d under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 2. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) a bill of sale, invoice, copies of subcontract or purchase order payments, or other documentation E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 70 request, documentation warranting that Owner has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other Owner. 3. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor th prior Applications for Payment. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writ ing may make the necessary corrections and resubmit the Application. 2. the executed Work as an experienced and qualified design professional, and on Engin review of the Application for Payment and the accompanying data and schedules, that to a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assign ed to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 70 4. impose responsibility on Engineer: a. to supervise, direct, or control the Work; b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; c. d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner; or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set- opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due 1. recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. performance or furnishing of the Work, or Owner has incurred costs, losses, or Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 70 b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; or l. Other items entitle Owner to a set-off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the speci fic amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contracto r remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.01.D.1 and subject to interest as provided in the Agreement. 15.02 A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than 7 days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor s hall at the same time E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 70 submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which will fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to b e completed or corrected before final payment. Owner shall have 7 days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Engineer will, w ithin said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes ju stified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, ope ration, protection of the Work, Work. E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list item s, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 63 of 70 to the following conditions: 1. At any time, Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contrac tor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through 15.03.E for that part of the Work. 2. At any time, Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completi on of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection r eveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarante es, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.12), and other documents, Contractor may make application for final payment. 2. The final Application for Payment must be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 70 d. a list of all duly pending Change Proposals and Claims; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all pay rolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other bu rdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Li en, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. : If, on the basis of review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that t he Work has been completed and days after receipt of the final Application for Payment, i recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will account for any set-offs against payment that are om loss for the reasons stated above with respect to progress payments. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall mak e the necessary corrections and resubmit the Application for Payment. C. Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07. D. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready and issuance of notice of the acceptability of the Work. E. Final Payment Becomes Due: Upon receipt from Engineer of the final Application for Payment and accompanying documentation, Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to En gineer. 15.07 Waiver of Claims A. By making final payment, Owner waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 70 appeal under the provisions of Article 17, set-off, or express reservation of rights by Owner. Owner reserves all other claims or rights after final payment. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted as a Claim, or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the Supplementary Conditions or the terms of any applicable special guarantee required by the Contract Documents), Owner gives Contractor wr itten notice that Site or adjacent areas has been found to be defective, then after receipt of such notice of defect Contractor shall promptly, without cost to Own written instructions: 1. correct the defective repairs to the Site or such adjacent areas; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.B. C. If, after receipt of a notice of defect within 60 days and within the correction period, emergency where delay would cause serious risk of loss or damage, Owner m ay have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other pro fessionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). Contract invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the failure to pay. D. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. E. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 66 of 70 F. warranties. The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times directly attributable to any such suspension. Any Change Proposal seeking such adjustments must be submitted n o later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. 4. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving that Contractor is in default and termination of the Contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at t he Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 67 of 70 attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to O wner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner sh all not be required to obtain the lowest price for the Work performed. F. affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any sur ety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond will govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate for Convenience A. without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and pr ofit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid for any loss of anticipated profits or revenue, post-termination overhead costs, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is sub mitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally det ermined to be due, Contractor may, 7 days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 68 of 70 provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for itted by this paragraph. ARTICLE 17 FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12; and 2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents, that arise after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract requires the giving of written notice to Owner, Engineer, or Contractor, it will be deemed to have been validly given only if delivered: 1. business; 2. 3. by e-- line. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 69 of 70 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Docu ments in connection with each particular duty, obligation, right, and remedy to which they apply. 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. -enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of th e Work or termination of the Contract or of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifica lly but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any w ritten consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 18.09 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Doc uments. 18.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. E JCDC® C-700, Standard General Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 70 of 70 (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions EJCDC C-800 SUPPLEMENTARY CONDITIONS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT T ABLE OF CONTENTS Page Article 1 Definit i ons and Terminology ....................................................................................................... 1 Article 2 Preliminary Matters .................................................................................................................... 3 Article 3 Contract Documents: Intent, Requirements, Reuse ................................................................... 3 Article 4 Commencement and Progress of the Work ............................................................................... 4 Article 5 Site, Subsurface and Physical Conditions, Hazardoud Environmental Conditions ..................... 4 Article 6 Bonds and Insurance ................................................................................................................... 6 Article 7 ...................................................................................................... 7 Article 8 Other Work at the Site .............................................................................................................. 10 Article 9 ........................................................................................................... 10 Article 10 ................................................................................... 10 Article 11 Changes to the Contract ......................................................................................................... 12 Article 12 Claims ...................................................................................................................................... 12 Article 13 Cost of Work; Allowances, Unit Price Work ............................................................................ 12 Article 14 Tests and Inspections; Correction, Removal, or Accceptance of Defective Work .................. 13 Article 15 Payments to Contractor, Set Offs; Completions; Correction Period ...................................... 13 Article 16 Suspension of Work and Termination .................................................................................... 15 Article 17 Final Resolutions of Disputes .................................................................................................. 15 Article 18 Miscellaneous ......................................................................................................................... 15 Exhibit A Software Requirements for Electronic Document Exchange ..................................................... 1 Exhibit B Foreseeable Bad Weather Days ................................................................................................. 1 Exhibit C Geotechnical Baseline Report Supplement to the Supplementary Conditions ......................... 1 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). TOC Page 1 of 1 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT These Supplementary Conditions amend or supplement EJCDC® C-700, Standard General Conditions of the Construction Contract (2018). The General Conditions remain in full force and effect except as amended. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, wi th the prefix "SC" added for example, S C-4.05. ARTICLE 1 DEFINITIONS AND TERMINOLOGY SC-1.01.A.8 Add the following at the end of the Paragraph: The Change Order form to be used on this Project is EJCDC C-941 (2018). Agency approval is required before Change Orders are effective. SC-1.01.A.30 Add the following at the end of the Paragraph: 7 CFR 1780.7 (a) (1), (2) and (3) and is an entity receiving financial assistance from the federal programs. SC-1.01.A.50 Add the following at the end of the Paragraph: The Work Change Directive form to be used on this Project is EJCDC C-940 (2018). Agency approval is required before a Work Change Directive is issued. SC-1.01.A.51 Add the following new paragraph immediately after Paragraph 1.01.A.50: 51. Agency - The Project is financed in whole or in part by USDA Rural Utilities Service pursuant to the Consolidated Farm and Rural Development Act (7 USC Section 1921 et seq.). The Rural Utilities Service programs are administered through the USDA Rural Deve lopment offices; therefore, the Agency for these documents is USDA Rural Development. SC-1.01.A.52 Domestic Preference immediately after Paragraph 1.01.A.51: EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 1 of 22 52.a Build America, Buy America Act (BABAA) - Requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, §§ 70901-70953-58 mandating domestic preference that all iron and steel, manufactured products, and construction materials are produced in the United States, in accordance with 2 CFR 184. 52.b Construction Materials - Those articles, materials, or supplies other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals, plastic a nd polymer- based products, glass, lumber or drywall. 52.c - A certification submitted by Contractor that, to the best of the Contractor's knowledge and belief, all Work complies with Domestic Preference requirements. 52.d De Minimis - Materials and products that represent a small portion of an infrastructure project, specifically no more than 5% of the project costs up to a maximum of $1,000,000. 52.e Domestic Preference - The Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, §§ 70901-70953. 52.f - Documentation submitted by the Engineer that Drawings, Specifications, and Bidding Documents comply with Domestic Preference requirements. 52.g Manufacture d Product - Items assembled out of components, or otherwise made or processed from raw materials into finished products. Manufactured products must be manufactured (assembled) in the United States, and the cost of components that were mined, produced, or manufactured in the United States must be greater than 55 percent of the total cost of all components of the product. 52.h - Documentation provided by the Manufacturer stating that Domestic Preference requirements have been satisfied for all provided items. include (at a minimum): specific list of products (using common names) associated with the certificate, the Domestic Preference statute. If items are purchased via a Supplier, distributor, vendor, etc. from the Manufacturer directly, then the Supplier, distributor, vendor, etc. will be responsible for obtaining and providing these certifications to the parties purchasing the products. 52.i Minor Components - Components within an iron and/or s teel product otherwise compliant with the Domestic Preference requirements. This waiver, typically used by Manufacturers, allows use of non- domestically produced miscellaneous Minor Components comprising up to five percent of the total EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 2 of 22 material cost of an otherwise domestically produced i ron and steel product. However, unless a separate waiver for a product has been approved, all other iron and steel components in said product must still meet the Domestic Preference requirements. This waiver does not exempt the whole product from the Domes tic Preference requirements only Minor Components within said product and the iron or steel components of the product must be produced domestically. 52.j Primarily Iron or Steel - A product is made of greater than 50 percent iron or Steel on a materials cost basis. SC-1.01.A.5 3 Project Definitions Paragraph 1.01.A.5 2: Section 1-01.3 of the technical specifications have additional definitions that pertain to the project and in compliance with Washington State law. ARTICLE 2 PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance S C-2.01 Delete Paragraphs 2.01.B. and C. in their entirety and insert the following in their place: B. When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies (including all endorsements, and identification of applicable self-insured retentions and deductibles) of insurance r equired to be provided by Contractor in this Contract. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. C. After receipt from Contractor of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor copies of the policies of insurance to be provided by Owner in this Contract (if any). Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. SC-2.03 Add the following to item 1: Progress Schedule shall conform to Section 1-08.3 of the Technical Specifications S C-2.04 Add the following new paragraph immediately after Paragraph 2.04B: C. For additional Preconstruction Conference requirements, see Section 1-08.0(1) of the Technical Specifications 2.06 Electronic Transmittals S C-2.06 No change. ARTICLE 3 CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 3 of 22 S C-3.01 Add the following new paragraph immediately after Paragraph 3.01G: H. Coordination of the Contact Documents. Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g. 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Agreement between Owner and Contractor for Construction Contract 2. Addenda 3. Bid Form for Construction Contract 4. Supplementary Conditions of the Construction Contract 5. Standard General Conditions of the Construction Contract 6. Technical Specifications (Special Provisions to the WSDOT Standard Specifications) 7. Contract Plans 8. WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (2026 Edition) 9. Owner's Standard Plans or Details 10. WSDOT Standard Plans for Road, Bridge, and Municipal Construction ARTICLE 4 COMMENCEMENT AND PROGRESS OF THE WORK SC-4.01.A Delete the paragraph, and replace with: A.Notice to Proceed will be given after the Contract has been executed and the contract bond and evidence of insurance have been approved and filed by the Contracting Agency. The Contractor shall not commence with the Work until the Notice to Proceed has bee n given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the Work to the Physical Completi on Date within the time specified in the Contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the Work within the time(s) specified in the Contract. When shown in the Plans, the first order of Work shall be the installation of high visibility fencing to delineate all areas for protection or restoration, as described in the Contract. Installation of high visibility fencing adjacent to the roadway shall occur after the placement of all necessary signs and traffic control devices in accordance with 2-04.3 of the technical specifications. Upon construction of the fencing, the Contractor shall request the Engineer to inspect the fence. No other Work shall be performed on the site until the Contracting Agency has accepted the installation of high visibility fencing, as described in the Cont ract. ARTICLE 5 SITE, SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS 5.03 Subsurface and Physical Conditions EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 4 of 22 S C-5.03 Add the following new p aragraphs immediately after Paragraph 5.03.D: E. The following table lists the reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data, and specifically identifies the Technical Data in the report upon which Contractor may rely: Report Title Date of Report Technical Data Yelm Community Center Geotechnical May 29, 2014 Test Results starting on page 25. Report - Draft F. The following table lists the drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technic al Data, and specifically identifies the Technical Data upon which Contractor may rely: Drawings Title Date of Drawings Technical Data None None None G. Contractor may examine copies of reports and drawings identified in S C-5.03.E and S C-5.03.F that were not included with the Bidding Documents at [location] during regular business hours, or may request copies from Engineer. 5.06 Hazardous Environmental Conditions S C-5.06 Add the following new p aragraphs immediately after Paragraph 5.06.A.3: 4. The following table lists the reports known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and the Technical Data (if any) upon which Contractor may rely: Report Title Date of Report Technical Data None None None 5. The following table lists the drawings known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and Technical Data (if any) contained in such Drawings upon which Contractor may rely: Drawings Title Date of Drawings Technical Data None None None EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 5 of 22 ARTICLE 6 BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds SC-6.01 Disregard EJCDC Guidance Notes Performance and Payment Bonds, Note 1. Performance and Payment Bonds are required for WEP projects. S C-6.01 Add the following p aragraphs immediately after Paragraph 6.01.A: 1. Required Performance Bond Form: The performance bond that Contractor furnishes will be in the form of EJCDC® C-610, Performance Bond (2010, 2013, or 2018 edition). 2. Required Payment Bond Form: The payment bond that Contractor furnishes will be in the form of EJCDC® C-615, Payment Bond (2010, 2013, or 2018 edition). SC-6.01 EJCDC Guidance Notes Warranty Bond, and RD will not accept a Warranty Bond in place of a Performance and Payment Bond. The decision to include a Warranty Bond is made by the Owner and their counsel. Please refer to EJCDC for guidance. S C-6.01 Add the following p aragraphs immediately after Paragraph 6.01.B: 1. The correction period specified as one year after the date of Final Acceptance as defined in section 1-05.12 of the WSDOT standard specifications in Paragraph 15.08.A of the General Conditions is hereby revised to be 1 year after Final Acceptance. 2. After Substantial Completion, Contractor shall furnish a warranty bond issued in the form of EJCDC® C-612, Warranty Bond (2018). The warranty bond must be in a bond amount of 10 percent of the final Contract Price. The warranty bond period wi ll extend to a date 1 year after Substantial Completion of the Work. Contractor shall deliver the fully executed warranty bond to Owner prior to or with the final application for payment, and in any event no later than 11 months after Final Acceptance. 3. The warranty bond must be issued by the same surety that issues the performance bond required under Paragraph 6.01.A of the General Conditions. 6.02 Insurance General Provisions S C-6.02 Add the following p aragraph immediately after Paragraph 6.02.B: 1. that has not been rated by A.M. Best, provided that such company (a) is domiciled in the state in which the Project is located, (b) compensation insurance provider by the appropriate state agency, and (c) has been within the last 12 months. 6.0 3 EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 6 of 22 S C-6.03 Supplement Paragraph 6.03 with the following provisions after Paragraph 6.03.C: D. Section 1-07.18 of the technical provisions address the insurance requirements per the State of Washington and shall be adhered to for this project. SC-6.04 Delete this Section in its entirety ARTICLE 7 7.03 Labor; Working Hours S C-7.03 Add the following new sub p aragraphs immediately after Paragraph 7.03.C: 1. Regular working hours will be weekdays 8am to 5 pm unless otherwise coordinated with the owner. 2. Owner's legal holidays are the following: Labor Day Veterans Day Thanksgiving Day after Thanksgiving Christmas New Years Martin Luther King Jr Day Presidents Day Memorial Day Juneteenth July Fourth S C-7.03 Add the following new p aragraph immediately after Paragraph 7.03.C: D. The Contractor shall be responsible for the cost of any overtime pay or other expense Representative, if any), Owner's representative, and construction observation services, occasioned by t he performance of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day. If Contractor is responsible but does not pay, or if the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off ag ainst payments due under Article 15. E. For additional requirements, see Section 1-08.0(2) of the Technical Specifications. SC-7.04.D Add the following new paragraph immediately after Paragraph 7.04.C: D. All products must meet Domestic Preference requirements. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 7 of 22 SC-7.04.E Add the following new paragraph immediately after Paragraph 7.04.D: E. For projects utilizing a De Minimis waiver, Contractor shall maintain an itemized list of non- domestically produced components and ensure that the cost is less than 5% of total project cost for project up to a maximum of $1,000,000. SC-07.0 7 M Add the following new paragraph immediately after Paragraph 7.07.M N. For additional Subcontractor requirements, see the Technical Specifications and the WSDOT Standard Specifications SC-7.05.A Amend the third sentence of paragraph by striking out the following words: Unless the specification or description contains or is followed by words reading that no like, - SC-7.05.A.1.a.3 the end of Paragraph a.3. SC-7.05.A.1.a.4 SC-7.05.B Add the following at the end of paragraph: Domestic Preference requirements and supporting data, as applicable. Refer to Sample . SC-7.06.A.3.a.2 SC-7.06.A.3.a.3 SC-7.06.A.3.a.4 Add the following new paragraph immediately after Paragraph 7.06.A.3.a.3: 4. in these Contract Documents. SC-7.07.B SC-7.07.E Delete the second sentence of paragraph and insert the following in its place: Owner may not require that Contractor use a specific replacement. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 8 of 22 7.10 Taxes S C-7.10 Add a new p aragraph immediately after Paragraph 7.10.A: A. See section 1-07.2 of the technical specifications for requirements of Washington State legal requirements regarding sales tax. SC-7.12.A SC-07.12 Add the following new paragraph immediately after Paragraph 7.12.A B. For additional Record Drawing requirements, see Section 1-05.18 of the Technical Specifications 7.13 Safety and Protection S C-7.13 Insert the following after the second sentence of Paragraph 7.13.G: The following Owner safety programs are applicable to the Work: Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requ irements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at a ll times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger sign s warning against any known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from danger all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. SC-7.16.A.1.c Amend paragraph by deleting the last period and adding: , Certification provided in these Contract Documents. SC-7.16.C.9 Add new paragraph immediately after Paragraph 7.16.C.8: review and approval of a Shop Drawing or Sample shall include review of Domestic Preference requirements, as applicable. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 9 of 22 SC-07.16 Add the following new paragraph immediately after Paragraph 7.16.F G. For additional submittal requirements, see Section 1-06.1 of the Technical Specifications SC-7.17.F Add new paragraph immediately after Paragraph 7.17.E: F. Contractor shall certify prior to final payment that all Work and Materials have complied with Domestic Preference requirements. Contractor shall provide Certification to Owner and Contract Documents. ARTICLE 8 OTHER WORK AT THE SITE SC-08.01 Add the following new paragraph immediately after Paragraph 8.01.F G. For additional information regarding Utilities and Similar Facilities, see Sections 1-05.14 and 1-07.17 of the Technical Specifications ARTICLE 9 ARTICLE 10 10.03 Resident Project Representative S C-10.03 Add the following new p aragraphs immediately after Paragraph 10.03.B: C. The Resident Project Representative (RPR) will be Engineer's representative at the Site. RPR's dealings in matters pertaining to the Work in general wi ll be with Engineer and Contractor. RPR's dealings with Subcontractors wi ll only be through or with the full knowledge or approval of Contractor. The RPR will: 1. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings circulate copies of minutes there of. 2. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to 3. Liaison a. regarding the provisions and intent of the Contract Documents. b. on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 10 of 22 4. Review of Work; Defective Work a. Conduct on-Site observations of the Work to assist Engineer in determining, to the extent set forth in Paragraph 10.02, if the Work is in general proceeding in accordance with the Contract Documents. b. Observe whether any Work in place appears to be defective. c. Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval. 5. Inspections and Tests a. Observe Contractor-arranged inspections required by Laws and Regulations, including but not limited to those performed by public or other agencies having jurisdiction over the Work. b. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work. 6. Payment Requests: Review Applications for Payment with Contractor. 7. Completion a. b. Assist in the preparation of a punch list of items to be completed or corrected. c. regarding completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor. d. Observe whether items on the final punch list have been completed or corrected. D. The RPR wi ll not: 1. Authorize any deviation from the Contract Documents or substitution of materials or - 2. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. 5 Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7. Authorize Owner to occupy the Project in whole or in part. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 11 of 22 ARTICLE 11 CHANGES TO THE CONTRACT SC-11.02.C Add new paragraph immediately after Paragraph 11.02.B: C. The Engineer or Owner shall contact the Agency for concurrence on each Change Order prior to issuance. All Contract Change Orders must be concurred on (signed) by Agency before they are effective. SC-11.03.A.2 - Add new Paragraph 11.03.A.2 immediately after Paragraph 11.03.A, which shall be renamed Paragraph 11.03.A.1: 2. The Engineer or Owner shall contact the Agency for concurrence on each Work Change Directive prior to issuance. Once authorized by Owner, a copy of each Work Change Directive shall be provided by Engineer to the Agency. SC-11.05.B Add the following at the end of this paragraph: For Owner- Certification, or waiver, for materials subject to Domestic Preference requirements except when sole-source is specified, in which case the Engineer will provide the M Certification, or waiver. SC-11.09.B.2.c Add new paragraph immediately after Paragraph 11.09.B.2.b: c. For change orders involving materials subject to Domestic Preference requirements, ocuments. ARTICLE 12 CLAIMS SC-12 Delete this Section in its entirety and insert the following: Disputes and claims shall be resolved as outlined in Section 1-09.11, 1-09.12, and 1-09.13 of the Technical Specifications and WSDOT Standard Specifications Cost of Work; Allowances, Unit P rice W ork ARTICLE 13 C OST OF WORK; ALLOWANCES, UNIT PRICE WORK 13.01 Cost of the Work SC-13.02.C 13.03 Unit Price Work EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 12 of 22 S C-13.03 Delete Paragraph 13.03.E in its entirety and insert the following in its place: E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the extended price of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price (based on estimated quantities at the time of Contract formation) and the variation in the quantity of that particular item of Unit Price Work actually furnished or performed by Contractor differs by more than [number] percent from the estimated quantity of such item indicated in the Agreement; and b. materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related other Work, such that the resulting overall change in Contract Price is equitable to O wner and Contractor. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 14 TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCCEPTANCE OF DEFECTIVE WORK No suggested Supplementary Conditions in this Article. SC-14.03.G Add new paragraph immediately after Paragraph 14.03.F: G. Installation of materials that are non-compliant with Domestic Preference requirements shall be considered defective work. Contractor should ensure that Engineer has an approved pliant item being delivered to the project site. ARTICLE 15 PAYMENTS TO CONTRACTOR, SET OFFS; COMPLETIONS; CORRECTION PERIOD 15.01 Progress Payments EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 13 of 22 SC-15.01.B.4 Add the following language at the end of paragraph: Under RCW 60.28.011, public works contractors in Washington have a statutory right to choose a retainage bond or an interest-bearing escrow account instead of cash withholding. There fore this contract will allow the use of a retainage bond if desired by the contractor SC-15.01.B.5 Add new paragraph immediately after Paragraph 15.01.B.4: 5. The Application for Payment form to be used on this Project is EJCDC® C-620. The Agency must approve all Applications for Payment before payment is made. SC-15.01.B.6 Add new paragraph immediately after Paragraph 15.01.B.5: 6. By submitting an Application for Payment, based in whole or in part on furnishing equipment or materials, Contractor certifies that such equipment and materials are Certification provided in these Contract Documents. SC-15.01.C.2.d Add the following new paragraph immediately after Paragraph 15.01.C.2.c: d. The materials presented for payment in an Application for Payment comply with Domestic Preference requirements. SC-15.01.D.1 Delete paragraph in its entirety and insert the following in its place: Owner and Agency for consideration. If both the Owner and Agency find the Application for Payment acceptable, the recommended amount less any reduction under the provision s of Paragraph 15.01.E will become due twenty (20) days after the Application for Payment is presented to the Owner, and the Owner will make payment to the Contractor. S C-15.01 Add the following new Paragraph 15.01.F: F. For contracts in which the Contract Price is based on the Cost of Work, if Owner determines that progress payments made to date substantially exceed the actual progress of the Work (as measured by reference to the Schedule of Values), or present a potentia l conflict with the Guaranteed Maximum Price, then Owner may require that Contractor prepare and submit a plan for the remaining anticipated Applications for Payment that will bring payments and progress into closer alignment and take into account the Guar anteed Maximum Price (if any), through reductions in billings, increases in retainage, or other equitable measures. Owner will review the plan, discuss any necessary modifications, and implement the plan as modified for all remaining Applications for Payme nt. SC-15.02.A 15.03 Substantial Completion EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 14 of 22 SC-15.03.A Modify by adding the following after the last sentence: Contractor Products, and Construction Materials proposed in the Shop Drawings, Change Orders, and Partial Payment Estimates, and those installed for the Project, comply with Domestic Preference requirements. S C-15.03 Add the following new sub p aragraph to Paragraph 15.03.B: 1. If some or all of the Work has been determined not to be at a point of Substantial Completion and will require re-inspection or re-testing by Engineer, the cost of such re- inspection or re-testing, including the cost of time, travel and living expenses, wi ll be paid by Contractor to Owner. If Contractor does not pay, or the parties are unable to agree as to the amount owed, then Owner may impose a reasonable set-off against payments due under this Article 15. 15.08 Correction Period S C-15.08 Add the following new Paragraph 15.08.G: G. The correction period specified as one year after the date of Final Acceptance as defined in section 1-05.12 of the WSDOT Standard Specifications in Paragraph 15.08.A of the General Conditions is hereby revised to be the number of years set forth in S C-6.01.B.1; ARTICLE 16 SUSPENSION OF WORK AND TERMINATION SC16.05 Add the following new Paragraph: Procurement Suspension. For additional requirements, see Section 1-08.6 of the Technical Specifications Final Resolutions of Disputes ARTICLE 17 FINAL RESOLUTIONS OF DISPUTES SC-17 Delete this Section in its entirety and insert the following: Disputes and claims shall be resolved as outlined in Section 1-09.11, 1-09.12, and 1-09.13 of the Technical Specifications and WSDOT Standard Specifications ARTICLE 18 MISCELLANEOUS SC-18.01 Add the following new paragraph immediately after Paragraph 18.01.A B. For additional requirements, see Section 1-05.15 of the Technical Specifications 18.08 Assignment of Contract S C-18.08 Add the following new p aragraph immediately after Paragraph 18.08.A: B. The contract dated [date] [identify seller] [is hereby] [will be] EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 15 of 22 assigned to Contractor by Owner, and Contractor [accepts] [will accept] such assignment. A form documenting the assignment is attached as an exhibit to this Contract. 1. This assignment will occur on the [Effective Date of the Contract], and will relieve the contract. 2. in Paragraph 7.07 of the General Conditions just as Contractor is responsible for all other Subcontractors and Suppliers. 3. Notwithstanding this assignment, all performance guarantees and warranties required by the procurement contract will continue to run for the benefit of the Owner and, in addition, for the benefit of the Contractor. 4. Except as noted in the procurement contract, all rights, duties and obligations of [upon the assignment to Contractor]. SC-18.11 Add new paragraph immediately after Paragraph 18.10: 18.11 Tribal Sovereignty A. No provision of this Agreement will be construed by any of the signatories as abridging or debilitating any sovereign powers of the Nisqually Indian Tribe; affecting the trust- beneficiary relationship between the Secretary of the Interior, Tribe, and Indian landowner(s); or interfering with the government-to-government relationship between the United States and the Tribe. SC-19 Add the following new Article 19 immediately after Article 18: ARTICLE 19 FEDERAL REQUIREMENTS 19.01 Agency Not a Party A. This Contract is expected to be funded in part with funds provided by Agency. Neither Agency, nor any of its departments, entities, or employees, is a party to this Contract. 19.02 Contract Approval A. Owner Owner submits the executed Contract Documents to Agency for approval. Refer to EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 16 of 22 Documents. B. Agency concurrence is required on both the Bid and the Contract before the Contract is effective. 19.03 Conflict of Interest A. Contractor may not knowingly contract with a Supplier or Manufacturer if the individual or entity who prepared the Drawings and Specifications has a corporate or financial s shall not engage in the award or administration of this Contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) the employee, officer or agent; (ii) any member of their immediate family; (iii) their partner or (iv) an organization that employs, or is about to employ, any of the above, has a financial interest or other or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from Contractor or subcontractors. 19.04 Gratuities A. representatives, offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of Owner or Agency in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract, Owner may, by written notice to Contractor, terminate this Contract. Owner may also pursue other rights and rem edies that the law or this Contract provides. However, the existence of the facts on which Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resolution provisions of this Contract. B. In the event this Contract is terminated as provided in paragraph 19.04.A, Owner may pursue the same remedies against Contractor as it could pursue in the event of a breach of this Contract by Contractor. As a penalty, in addition to any other damages to w hich it may be entitled by law, Owner may pursue exemplary damages in an amount (as determined by Owner) which shall not be less than three nor more than ten times the costs Contractor incurs in providing any such gratuities to any such officer or employee. 19.05 A. If Contractor intends to let any subcontracts for a portion of the work, Contractor will take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmativ e steps will include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 17 of 22 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 19.06 Anti-Kickback A. Contractor shall comply with the Copeland Anti-Kickback Act (40 USC 3145) as Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities, to give up any part of the compensation to whic h they are otherwise entitled. Owner shall report all suspected or reported violations to Agency. 19.07 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended A. Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 19.08 Equal Employment Opportunity A. The Contract is considered a federally assisted construction contract. Except as otherwise -1.3 must include the equal oppo rtunity clause provided under 41 CFR 60- -1965 Comp., p. 339), as g to Equal Federal Contract Compliance Programs, Equal Employment Opportunity, Department of EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 18 of 22 19.09 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) A. Contractors that apply or bid for an award exceeding $100,000 must file the required certification (RD Instruction 1940-Q Exhibit A-1). The Contractor certifies to the Owner and every subcontractor certifies to the Contractor that it will not and has not u sed federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection wi th obtaining the Contract if it is covered by 31 U.S.C. 1352. The Contractor and every subcontractor must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the Owner. Necessary certification and disclosure forms shall be provided by Owner. 19.10 Environmental Requirements A. When constructing a Project involving trenching and/or other related earth excavations, Contractor shall comply with the following environmental conditions: 1. Wetlands When disposing of excess, spoil, or other Construction Materials on public or private property, Contractor shall not fill in or otherwise convert wetlands. 2. Floodplains When disposing of excess, spoil, or other Construction Materials on public or private property, Contractor shall not fill in or otherwise convert 100- year floodplain areas (Standard Flood Hazard Area) delineated on the latest Federal Emerg ency Management Agency Floodplain Maps, or other appropriate maps, e.g., alluvial soils on NRCS Soil Survey Maps. 3. Historic Preservation - Applicants shall ensure that Contractors maintain a copy of the following inadvertent discovery plan onsite for review: a. If during the course of any ground disturbance related to any Project, any post review discovery, including but not limited to, any artifacts, foundations, or other indications of past human occupation of the area are uncovered, shall be protected by co mplying with 36 CFR § 800.13(b)(3) and (c) and shall include the following: i. All Work, including vehicular traffic, shall immediately stop within a 50 ft. radius around the area of discovery. The Contractor shall ensure barriers are established to protect the area of discovery and notify the Engineer to contact the appropriate R D personnel. The Engineer shall engage a Secretary of the Interior (SOI) qualified professional archeologist to quickly assess the nature and scope of the discovery; implement interim measures to protect the discovery from looting and vandalism; and establ ish broader barriers if further historic and/or precontact properties, can reasonably be expected to occur. ii. The RD personnel shall notify the appropriate RD environmental staff member, the Federal Preservation Officer EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 19 of 22 (FPO), and State Historic Preservation Office (SHPO) immediately. Indian tribe(s) or Native Hawaiian Organization (NHOs) that have an interest in the area of discovery shall be contacted immediately. The SHPO may require additional tribes or NHOs who may h ave an interest in the area of discovery also be contacted. The notification shall include an assessment of the discovery provided by the SOI qualified professional archeologist. iii. When the discovery contains burial sites or human remains, the Contractor shall immediately notify the appropriate RD personnel who will contact the RD environmental staff member, FPO, and the SHPO. The relevant law enforcement authorities shall be im mediately contacted by onsite personnel to reduce delay times, in accordance with tribal, state, or local laws including 36 CFR Part 800.13; 43 CFR Part 10, Subpart B; and the Regarding treatment of Burial Sites, Human Remains, or Funerary Objects (February 23, 2007). iv. When the discovery contains burial sites or human remains, all construction activities, including vehicular traffic shall stop within a 100 ft. radius of the discovery and barriers shall be established. The evaluation of human remains shall be conducte d at the site of discovery by a SOI qualified professional. Remains that have been removed from their primary context and where that context may be in question may be retained in a secure location, pending further decisions on treatment and disposition. RD assessment of the discovery and establish broader barriers if further subsurface burial sites, or human remains can reasonably be expected to occur. RD, in consultation with the SHPO and interested tr ibes or NHOs, shall develop a plan for the treatment of native human remains. v. Work may continue in other areas of the undertaking where no historic properties, burial sites, or human remains are present. If the inadvertent discovery appears to be a consequence of illegal activity such as looting, the onsite personnel shall contac t the appropriate legal authorities immediately if the landowner has not already done so. vi. Work may not resume in the area of the discovery until a notice to proceed has been issued by RD. RD shall not issue the notice to proceed until it has determined that the appropriate local protocols and consulting parties have been consulted. vii. Inadvertent discoveries on federal and tribal land shall follow the processes required by the federal or tribal entity. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 20 of 22 4. Endangered Species Contractor shall comply with the Endangered Species Act, which provides for the protection of endangered and/or threatened species and critical habitat. Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of Contractor, Contractor will immediately report this evidence to Owner and a representative of Agency. Construction shall be temporarily halted pending the notification process and further directions iss ued by Agency after consultation with the U.S. Fish and Wildlife Service. 5. Mitigation Measures The following environmental mitigation measures are required on this Project: [Insert mitigation measures from the Letter of Conditions here]. 19.11 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) A. Where applicable, for contracts awarded by the Owner in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor will comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Contractor will compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the stand ard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to con struction work and provide that no laborer or mechanic will be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 19.12 Debarment and Suspension (Executive Orders 12549 and 12689) A. A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Com otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory aut hority other than Executive Order 12549. 19.13 Procurement of recovered materials A. 19.14 Domestic Preference EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 21 of 22 A. Build America, Buy America Act (BABAA). All Iron and Steel Products, Manufactured Products, and Construction Materials used in this project must comply with the Build America, Buy America Act (BABAA) requirements mandated by Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, §§ 70901-70953. Aggregates such as stone, sand, or gravel do not apply to BAB A A. B. The following waivers apply to this Contract: 1. BABAA De Minimis, Small Grants and Minor Components 2. [add project specific waivers as applicable]. 19.15 Telecommunications and Video Surveillance Services or Equipment Prohibitions A. The telecommunication and video surveillance services and equipment prohibitions under 2 CFR 200.216 apply to this contract. This contract may not be used to procure or obtain equipment, services, or systems that uses covered telecommunications equipmen t or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment is: 1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such Entities). 2. Video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). 3. Telecommunications or video surveillance services provided by such entities or using such equipment. 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reason ably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 19.16 Additional Provisions A. For additional Supplementary Conditions, see Division 1 of the Technical Provisions. EJCDC® C-800, Supplementary Conditions of the Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/10/202 4). Page 22 of 22 (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 4. CERTIFICATIONS PART 4. CERTIFICATIONS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 4. CERTIFICATIONS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 4. CERTIFICATIONS RUS BULLETIN 1780-26 EXHIBIT I City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 4. CERTIFICATIONS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions RUS Bulletin 1780-26 Exhibit I Page 1 CERTIFICATE OF OWNER’S ATTORNEY AND AGEN CY CONCURRENCE CERTFICATE OF OWNER’S ATTORNEY PROJECT NAME: CONTRACTOR NAME: I, the undersigned, ___________________________________, the duly authorized and acting legal representative of __________________________________________________, do hereby certify as follows: I have examined the attached Contract(s) and performance and payment bond(s) and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements is adequate and has been duly executed by the proper parties thereto ac ting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions, and provisions thereof. Name Date AGENCY CONCURRENCE As lender or insurer of funds to defray the costs of this Contract, and without liability for any payments thereunder, the Agency hereby concurs in the form, content, and execution of this Agreement. Agency Representative Date Name (this page intentionally left blank) City of Yelm Downtown Activated Alleyway -Fuller Footpath Contract Provisions PART 4. CERTIFICATIONS ENGINEER'S CERTIFICATION OF FINAL PLANS AND SPECIFICATIONS RUS BULLETIN 1780-26 EXHIBIT J City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 4. CERTIFICATIONS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions Ý·¬§ ±º Ç»´³ ó ß½¬·ª¿¬»¼ ß´´»§©¿§ ó Ú«´´»® Ú±±¬°¿¬¸ éóîíóîðîê Ü¿ª·¼ Øò α©´¿²¼ô ÐÛ (this page intentionally left blank) City of Yelm Downtown Activated Alleyway -Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS PART 5. CONSTRUCTION FORMS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS C-620 City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions (this page intentionally left blank) City of Yelm Downtown Activated Alleyway -Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS C-625 CERTIFICATE OF SUBSTANTIAL COMPETITION City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions (this page intentionally left blank) City of Yelm Downtown Activated Alleyway -Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS C-940 WORK CHANGE DIRECTIVE City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions (this page intentionally left blank) City of Yelm Downtown Activated Alleyway -Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS EJCDC C-941 CHANGE ORDER City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions (this page intentionally left blank) City of Yelm Downtown Activated Alleyway -Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS RUS BULLETIN 1780-35 EXHIBIT C City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions RUS Bulletin 1780-26 E xhibit A, Attachment 3 Page 1 SAMPLE LANGUAGE FOR CONTRACTOR’S CERTIFICATION OF COMPLIANCE Notes to User: This e xhibit provides sample language that the Contractor can use to certify compliance with the Build America Buy America Act requirements. Note that the language can be modified (for example if the project is subject to AIS the BABAA reference should be replaced with language such as “American Iron and Steel (AIS) requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 and subsequent annual appropriations for WWD prog rams”). A certification is to be provided by Contractor to Engineer for delivery to the Owner and Agency at Substantial Completion. The certification should be on letterhead and should be signed and dated by an authorized company representative. P roject N ame Owner / A pplicant C ontract N umber I hereby certify, that to the best of my knowledge and belief, all I ron and S teel products, Manufactured Products, and Construction Materials installed for this project by my company and by any and all subcontract ors and Manufacturers my company has contracted with for this project comply with the Build America, Buy America Act (BABAA) requirements under Tit le IX of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, §§ 70901-70953 or are the subjec t of a waiver approved by the Secretary of Agriculture or designee. (this page intentionally left blank) City of Yelm Downtown Activated Alleyway -Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS RUS BULLETIN 1780-35 EXHIBIT D City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 5. CONSTRUCTION FORMS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions RUS Bulletin 1780-26 Exhibit A, Attachment 4 Page 1 SAMPLE LANGUAGE FOR MANUFACTURER’S CERTIFICATION OF COMPLIANCE Notes to User: This e xhibit provides sample language for the Manufacturer’s C ertification of C ompliance with D omestic P r eference requirements. Contractor should ensure that Engineer has an approved Manufacturers’ Certification prior to any domestic preference item being delivered to the project site. The Manufacturer’s Certification should be on letterhead and should indic ate the project, spec ific item being certified, reference which domestic preference requirement is being certified and be signed by an authorized company representative. The Manufacturer’s Certification may include multiple domestic preference requirement s. It is im p ortant f or the governing domestic preference requirement (whether AIS, BABAA or other) to be clearly included within the certification. Date: Company Name: Company Address: Subject: Domestic Preference Requirement Certification for {O wner’s Name and Project Name (City, State)} Certification for Project (X), Owner’s Name, and Contract Number Sample text: I hereby certify that the following product(s) and / or material(s) shipped or provided for the subject project are in full complianc e with the Build America, Buy America Act (BABAA) requirements under Title IX of the Infrastructure Investment and Jobs Act (IIJA), Pub. L. 117-58, §§ 70901-70953. [List common name of items, products and/or materials] (this page intentionally left blank) City of Yelm Downtown Activated Alleyway -Fuller Footpath Contract Provisions PART 6. T ECHNICAL SPECIFICATIONS PART 6. TECHNICAL SPECIFICATIONS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s PART 6. T ECHNICAL SPECIFICATIONS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s PART 6. T ECHNICAL SPECIFICATIONS T ABLE OF CONTENTS INTRODUCTION TO THE SPECIAL PROVISIONS .......................................................................................................................... 1 DIVISION 1 .................................................................................................................................................................... 3 DESCRIPTION OF WORK ......................................................................................................................................................................... 3 1-02 BID PROCEDURES AND CONDITIONS ............................................................................................................................... 3 1-03 AWARD AND EXECUTION OF CONTRACT ...................................................................................................................... 7 1-04 SCOPE OF THE WORK .............................................................................................................................................................. 8 1-05 CONTROL OF WORK ................................................................................................................................................................. 9 1-06 CONTROL OF MATERIAL ...................................................................................................................................................... 16 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ............................................................................ 21 1-08 PROSECUTION AND PROGRESS ........................................................................................................................................ 45 DIVISION 2 .................................................................................................................................................................. 53 2-01 MOBILIZATION ......................................................................................................................................................................... 53 2-03 PUBLIC CONVENIENCE AND SAFETY ............................................................................................................................. 54 2-04 TEMPORARY TRAFFIC CONTROL ..................................................................................................................................... 57 DIVISION 3 .................................................................................................................................................................. 61 3-01 CLEARING,GRUBBING,AND ROADSIDE CLEANUP .................................................................................................. 61 REMOVAL OF STRUCTURES AND OBSTRUCTIONS .................................................................................................. 62 ROADWAY EXCAVATION AND EMBANKMENT .......................................................................................................... 65 HAUL ............................................................................................................................................................................................. 66 3-05 SUBGRADE PREPARATION ................................................................................................................................................. 66 3-07 STRUCTURE EXCAVATION .................................................................................................................................................. 68 3-08 TRIMMING AND CLEANUP .................................................................................................................................................. 69 DIVISION 4 .................................................................................................................................................................. 71 4-01 PRODUCTION FROM QUARRY AND PIT SITES ............................................................................................................ 71 BALLAST AND CRUSHED SURFACING ............................................................................................................................ 71 DIVISION 5 .................................................................................................................................................................. 73 5-04 HOT MIX ASPHALT .................................................................................................................................................................. 73 5-05 CEMENT CONCRETE PAVEMENT ..................................................................................................................................... 99 DIVISION 7 ................................................................................................................................................................ 101 7-08 GENERAL PIPE INSTALLATION ...................................................................................................................................... 101 7-09 WATER MAINS ....................................................................................................................................................................... 102 7-12 VALVES FOR WATER MAINS ............................................................................................................................................ 103 7-15 SERVICE CONNECTIONS .................................................................................................................................................... 103 DIVISION 8 ................................................................................................................................................................. 105 EROSION CONTROL AND WATER POLLUTION CONTROL ................................................................................. 105 ROADSIDE RESTORATION ................................................................................................................................................ 107 8-04 CURBS,GUTTERS,AND SPILLWAYS ............................................................................................................................. 109 8-14 CEMENT CONCRETE SIDEWALKS ................................................................................................................................. 110 8-18 MAILBOX SUPPORT ............................................................................................................................................................. 111 8-19 VACANT ..................................................................................................................................................................................... 111 8-19 RESOLUTION OF UTILITY CONFLICTS ........................................................................................................................ 111 8-20 ILLUMINATION,TRAFFIC SIGNAL SYSTEMS,INTELLIGENT TRANSPORTATION SYSTEMS, AND ELECTRICAL ................................................................................................................................................................. 112 8-21 PERMANENT SIGNING ....................................................................................................................................................... 116 City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s PART 6. T ECHNICAL SPECIFICATIONS 8-24 MODULAR BLOCK WALL AND GABION CRIBBING ................................................................................................ 117 8-26 URBAN DESIGN DECORATIVE ITEMS .......................................................................................................................... 119 8-27 JOINT UTILITY TRENCH..................................................................................................................................................... 123 DIVISION 9 ................................................................................................................................................................. 129 AGGREGATES.......................................................................................................................................................................... 129 MASONARY UNITS ............................................................................................................................................................... 130 EROSION CONTROL AND ROADSIDE PLANTING .................................................................................................... 132 9-29 ILLUMINATION,SIGNALS,ELECTRICAL .................................................................................................................... 133 City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s PART 6. T ECHNICAL SPECIFICATIONS INTRODUCTION TO THE SPECIAL PROVISIONS (January 4, 2024 APWA GSP, Option A) The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 20 2 6 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project-specific fill-ins; and project-specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be int erpreted that the balance of the section does not apply. The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and its source. For example: (March 8, 2013 APWA GSP) (April 1, 2013 WSDOTGSP) (May 1, 2013 City of Yelm GSP) Agency Special Provision Project specific special provisions are labeled without a date as such: (*****) Also incorporated into the Contract Documents by reference are: Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any Standard Plans for Road, Bridge and Municipal Construction, WSDOT Manual M21 01, current edition City of Yelm Standard Plans Yelm City Standards for Public Works engineering and Construction 2019 Department of Ecology Stormwater Management Manual for Western Washington PSE Electrical Service Handbook National Electrical Safety Code (NESC) (*****) This Contract includes specific Bid Documents, Agreements, General and Supplemental Conditions, and Forms included in Parts 1 though 5. The other Parts may impact these Special Provisions (also referred to in the Contract as Technical Specifications). The Contractor shall become familiar with and execute the Work in conformance with all Parts of this Contract. See Supplemental Condition SC-3.01 in Part 3 of this Contract for additional guidance regarding coordination of Contract Documents. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 1 PART 6. T ECHNICAL SPECIFICATIONS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 2 PART 6. T ECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS DESCRIPTION OF WORK (March 13, 1995 WSDOT GSP) This Contract provides for the improvement of ***the Downtown Activated Alleyway - Fuller Footpath construction and will be constructed using the following schedules of work: Schedule A Alleyway This work will include all the grading, decorative surface treatments that included pervious pavers and decorative colored concrete, and construction of seat walls. Work will also include storm elements to tie the project into the existing stormwater syste m. Illumination and electrical outlets will also be constructed to provide appropriate lighting levels for pedestrians and power for use by food trucks or other venders. Schedule B Joint Utility Trench This work includes all the work necessary to underground power and communication lines through the alleyway as shown on the contract plans and shall include the excavation and backfilling of trenches to run power distribution, and communication lines throu gh the alley and to provided service connects while coordinating with the City of Yelm, PSE Power, PSE Gas, Comcast, and Lightcurve. Schedule C Water Main This work includes the construction of a temporary service line and the removal and replacement of existing Asbestos Concrete Pipe with 8 inch PVC Water Main and all trenching and paving necessary to complete this work. *** and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications. 1-02 BID PROCEDURES AND CONDITIONS 1-02.1 Prequalification of Bidders (February 17, 2026 APWA GSP Option B) Delete this section and replace it with the following: 1-02.1 Qualifications of Bidder Before award of a public works contract, a B idder must meet at least the minimum qualifications of RCW 39.04.350(1)(b-g) to be considered a responsible B idder and qualified to be awarded a public works project. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 3 PART 6. T ECHNICAL SPECIFICATIONS 1-02.4 Examination of Plans, Specifications, and Site of Work 1-02.4(1) General (September 3, 2019 WSDOT GSP) Section 1-02.4(1) is supplemented with the following: The Reference Information for this project is available for review by the bidder at the following location: *** Appendix to this Project Manual *** The Reference Information includes the following: *** Geotechnical Report, Potholing Data *** 1-02.6 Preparation of Proposal (February 17, 2026 APWA GSP, Option B) Revise the fourth paragraph to read: The Bidder shall submit with the Bid the completed Subcontractor List included in the Contracting Agency Proposal Package. If a Subcontractor List Form is not included in the package, use DOT Form 271-015LP. The Form shall contain the following: 1.Subcontractors who will perform the Work of structural steel installation, rebar installation, heating, ventilation, air conditioning, and plumbing as described in RCW 18.106 and electrical as described in RCW 19.28. 2.The Work those subcontractors will perform on the Contract as described in RCW 39.04.350(1)(b-g), and 3.No more than one subcontractor for each category of Work identified, except, when subcontractors vary with Bid alternates, in which case the Bidder shall identify which subcontractor will be used for which alternate (*****) Delete the last two paragraphs, and replace them with the following: The Bidder shall submit with their Bid a completed Contractor Certification Wage Law Compliance form, provided by the Contracting Agency. Failure to return this certification as part of the Bid Proposal package will make this Bid Nonresponsive and ineligib le for Award. A Contractor Certification of Wage Law Compliance form is included in the Proposal Forms. The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign). A bid by a partnership shall be executed in the partnership name and signed by a partner. A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 4 PART 6. T ECHNICAL SPECIFICATIONS (November 4, 2025 WSDOT GSP) Section 1-02.6 is Supplemented with the following: Bidder Questionnaire The Bidder shall submit with their Bid a Bidder Questionnaire form (WSDOT Form #272-022). This shall be filled out for each firm who submitted a bid or quote in attempt to participate in the project whether they were successful or not and include the follo wing information: 1. Firm name; 2. Firm address including ZIP code; 3. status as a DBE or non-DBE; 4. NAICS code applicable to each scope of work the firm sought to perform in its bid; 5. Age of the firm; and 6. The annual gross receipts of the firm. The Bidder may obtain this information by asking each firm to indicate into what gross receipts bracket they fit (less than $1 million; $1-3 million; $3-6 million; $6-10 million; $10-20 million; $20-30.72 million; or greater than $30.72 million) rather than requesting an exact figure from the firm. This form shall be received at the same location and no later than the time required for the delivery of the Proposal. Failure to comply with this requirement will cause this Bid to be considered irregular in accordance with Section 1-02.13. The Contractor may correct errors to items 2 through 6 above on the Bidder Questionnaire form for a period up to 48 hours after bid opening. Bidder Questionnaire forms that are still incorrect after the correction period will be determined irregular. New F irm/Subcontractors may not be added to the form during the correction period. A Bidder Questionnaire form that fails to list a Firm/Subcontractor that appears on a different form will be considered irregular in accordance with Section 1-02.13. 1-02.9 Delivery of Proposal February 17, 2026 APWA GSP) Delete this section, and replace it with the following: General Each Proposal shall be submitted in a sealed envelope, with the Project Name and Project Number as stated in the Call for Bids clearly marked on the outside of the envelope, or as otherwise required in the Bid Documents, to ensure proper handling and deliv ery. Proposals that are received as required will be publicly opened and read as specified in Section 1- 02.12. The Contracting Agency will not open or consider any Bid Proposal that is received after the time specified in the Call for Bids for receipt of Bid Pr oposals or received in a location other than that specified in the Call for Bids. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 5 PART 6. T ECHNICAL SPECIFICATIONS If an emergency or unanticipated event interrupts normal work processes of the Contracting Agency so that Proposals cannot be received at the office designated for receipt of bids as specified in Section 1-02.12 the time specified for receipt of the Propos al will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which the normal work processes of the Contracting Agency resume. Supplemental bid information submitted after the Proposal submittal but within 48 hours of the time and date the Proposal is due, shall be submitted in a sealed envelope labeled the same as for the All other information required to be submitted with the Bid Proposal must be submitted with the Bid Proposal itself, at the time stated in the Call for Bids. 1-02.10 Withdrawing, Revising, or Supplementing Proposal February 17, 2026 APWA GSP) Delete this section, and replace it with the following: After submitting a physical or an electronic bid, if allowed under 1-02.9, Bid Proposal to the Contracting Agency, the Bidder may withdraw, revise, or supplement it if: 1. The Bidder submits a written request signed by an authorized person and physically delivers it to the place designated for receipt of Bid Proposals, if a physical Bid Proposal was submitted, or recalled electronically via electronic method described in 1-02.9 if an electronic Bid Proposal was submitted, and 2. The Contracting Agency receives the request before the time set for receipt of Bid Proposals, and 3. The revised or supplemented Bid Proposal (if any) is received by the Contracting Agency before the time set for receipt of Bid Proposals. set for receipt of Bid Proposals, the Contracting Agency will return the unopened Proposal package to the Bidder. The Bidder must then submit the revise d or supplemented package in its entirety. If the Bidder does not submit a revised or supplemented package before the time set for receipt of Bid Proposals, then its bid shall be considered withdrawn. Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded by the Contracting Agency and returned unopened. Requests to withdraw, revise, or supplement a Bid Proposal may be submitted by the following methods: 1.In person *** City of Yelm, Purchasing Office located at Yelm City Hall, 106 Second St SE, Yelm, WA 98597 *** City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 6 PART 6. T ECHNICAL SPECIFICATIONS 1-02.14 Disqualification Of Bidders (May 17, 2018 APWA GSP, Option A) Delete this section and replace it with the following: A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1), as amended. The Contracting Agency will verify that the Bidder meets the mandatory bidder responsibility criteria in RCW 39.04.350(1). To assess bidder responsibility, the Contracting Agency reserves the right to request documentation as needed from the Bidder and th compliance with the mandatory bidder responsibility criteria. If the Contracting Agency determines the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1) and is therefore not a responsible Bidder, the Contracting Agency shall notify the Bidder in writing, with the reasons for its de termination. If the Bidder disagrees with this determination, it may appeal the determination within two (2) business days of the Contracting Agency. The Co ntracting Agency will consider the appeal and any additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Contracting Agency will not execute a contract with any other Bidde r until at least two business determination. 1-03 AWARD AND EXECUTION OF CONTRACT 1-03.1 Consideration of Bids (December 30, 2022 APWA GSP) Revise the first paragraph to read: After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. If a minimum bid amount specified amount, the Contracting Agency will unilaterally revise the unit or lump sum price, to the minimum specified amount and rec alculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond. 1-03.4 Contract Bond (July 23, 2015 APWA GSP) Delete the first paragraph and replace it with the following: The successful bidder shall provide executed payment and performance bond(s) for the full contract amount. The bond may be a combined payment and performance bond; or be separate payment and performance bonds. In the case of separate payment and performa nce bonds, each shall be for the full contract amount. The bond(s) shall: 1. Be on Contracting Agency-furnished form(s); 2. Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 7 PART 6. T ECHNICAL SPECIFICATIONS b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner, 3. Guarantee that the Contractor will perform and comply with all obligations, duties, and conditions under the Contract, including but not limited to the duty and obligation to indemnify, defend, and protect the Contracting Agency against all losses and cla ims related directly or indirectly from any failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform and comply with all contract obligations, conditions, and duties, or b. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out t he work; 4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the project under titles 50, 51, and 82 RCW; and 5. and 6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed by the president or vice president, unless accompanied by written proof of the aut hority of the individual signing the bond(s) to bind the corporation (i.e., corporate resolution, power of attorney, or a letter to such effect signed by the president or vice president). 1-03.7 Judicial Review (December 30, 2022 APWA GSP) Revise this section to read: All decisions made by the Contracting Agency regarding the Award and execution of the Contract or Bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington Law. Such review, if any, shall be timely filed in the Su perior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. 1-04 SCOPE OF THE WORK 1-04.1 Intent of the Contract 1-04.1(2) Bid Items Not Included in the Proposal (*****) Delete this Section and replace it with the following: The Contractor shall include all costs of doing the work within the bid items prices. If the Contract Plans, Contract Provisions, Addenda or any other part of the Contract requires work that has no specific bid item in the Proposal form, the entire cost of that work shall be considered incidental and included within other bid items in the Proposal. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 8 PART 6. T ECHNICAL SPECIFICATIONS 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda (*****) Section 1-04.2 is supplemented with the following: Coordination of the contract documents is specified in Supplementary Condition SC-3.01. 1-04.4 Changes (January 19, 2022 APWA GSP) The first two sentences of the last paragraph of Section 1-04.4 are deleted. 1-04.4(1) Minor Changes (May 30, 2019 APWA GSP) Delete the first paragraph and replace it with the following: Payments or credits for changes amounting to $100,000 or less may be made under the Bid item be used in lieu of the more formal procedure as outlined in Sect ion 1- 1-04.6 Variation in Estimated Quantities (May 25, 2006 APWA GSP) Supplement this section with the following: The quantities for *** Pothol ing *** have been entered into the Proposal only to provide a common proposal for bidders. Actual quantities will be determined in the field as the work progresses, and will be paid at the original bid price, regardless of final quantity. These bid items shall n ot be subject to the provisions of 1-04.6 of the Standard Specifications. 1-05 CONTROL OF WORK 1-05.4 Conformity With and Deviations From Plans and Stakes (January 13, 2021 WSDOT GSP) Section 1-05.4 is supplemented with the following: Contractor Surveying - Roadway The Contracting Agency has provided primary survey control in the Plans. The Contractor shall be responsible for setting, maintaining, and resetting all alignment stakes, slope stakes, and grades necessary for the construction of the roadbed, drainage, surfacing, paving, channelization and pavement marking, illumination and sig nals, guardrails and barriers, and signing. Except for the survey control data to be furnished by the Contracting Agency, calculations, surveying, and measuring required for setting and maintaining the necessary lines and grades shall be the Contractor's responsibility. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 9 PART 6. T ECHNICAL SPECIFICATIONS The Contractor shall inform the Engineer when monuments are discovered that were not identified in the Plans and construction activity may disturb or damage the monuments. All monuments noted length of the project or be replaced at the Contractors expense. Detailed survey records shall be maintained, including a description of the work performed on each shift, the methods utilized, and the control points used. The record shall be adequate to allow the survey to be reproduced. A copy of each day's record sh all be provided to the Engineer within three working days after the end of the shift. The meaning of words and terms used in this provision shall be as listed in "Definitions of Surveying and Associated Terms" current edition, published by the American Congress on Surveying and Mapping and the American Society of Civil Engineers. The survey work shall include but not be limited to the following: City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 10 PART 6. T ECHNICAL SPECIFICATIONS The Contractor shall provide the Contracting Agency copies of any calculations and staking data when requested by the Engineer. The Contractor shall ensure a surveying accuracy within the following tolerances: Vertical Horizontal The Contracting Agency may spot-check the Contractor's surveying. These spot-checks will not change the requirements for normal checking by the Contractor. When staking roadway alignment and stationing, the Contractor shall perform independent checks from different secondary control to ensure that the points staked are within the specified survey accuracy tolerances. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 11 PART 6. T ECHNICAL SPECIFICATIONS The Contractor shall calculate coordinates for the alignment. The Contracting Agency will verify these coordinates prior to issuing approval to the Contractor for commencing with the work. The Contracting Agency will require up to seven calendar days fro m the date the data is received. Contract work to be performed using contractor-provided stakes shall not begin until the stakes are approved by the Contracting Agency. Such approval shall not relieve the Contractor of responsibility for the accuracy of the stakes. Stakes shall be marked in accordance with Standard Plan A10.10. When stakes are needed that are not described in the Plans, then those stakes shall be marked, at no additional cost to the Contracting Agency as ordered by the Engineer. Payment Payment will be made for the following bid item when included in the proposal: "Roadway Surveying", lump sum. The lump sum contract price for "Roadway Surveying" shall be full pay for all labor, equipment, materials, and supervision utilized to perform the Work specified, including any resurveying, checking, correction of errors, replacement of missing or damaged stakes, and coordination efforts. 1-05.7 Nonconforming Work (February 17, 2026 APWA GSP) Supplement this section with the following: right to pursue any other avenue for additional remedy or damages with respect to the as the right to reject all or part No additional contract time or compensation will be allowed when the Contracting Agency exercises their rights provided by this Section. 1-05.7(1) Identification of Nonconforming Work Replace this section with the following: The Contractor is responsible for quality control and shall identify all Nonconforming Work. The Contracting Agency may also identify Nonconforming Work. However, failure by the Contracting Agency to identify Nonconforming Work shall not relieve the Contra ctor from their responsibility for the quality of the Work, nor shall it constitute acceptance or approval of the Nonconforming Work. 1-05.7(2) Reporting of Nonconforming Work Replace this section with the following: The Contractor shall immediately report all Nonconforming Work to the Engineer and shall include any relevant information known for suggested remediation of Nonconforming Work. When the Contracting Agency identifies Nonconforming Work, the Engineer will notify the Contractor in writing specifying a time when a remedy must be complete. If the Contractor fails to remedy Nonconforming Work within the time specified in a written notice from the Engineer, or fails to perform any part of the Work required by the Contract Documents, the Engineer may correct and remedy such Work as may be identified in the written notice. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 12 PART 6. T ECHNICAL SPECIFICATIONS 1-05.7(3) Remediation of Nonconforming Work Supplement this section with the following: The Contractor shall be responsible and bear all costs for remediating Nonconforming Work. If the Contracting Agency remedies Nonconforming Work after the specified time when a remedy was to be completed, by any means deemed necessary, direct and indirect costs incurred by the Contracting Agency attributable to correcting and remedying Nonconfor ming Work not corrected by the time provided in the notice, or Work the Contractor failed or refused to perform, shall be paid by the Contractor. If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the Nonconforming Work corrected immediately, have the Work removed and replaced, or have Work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause risk of loss or damage to the public. When costs are incurred by the Contracting Agency, payment will be deducted by the Engineer from monies due, or to become due, to the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additiona l professional services required, Nonconforming Work. 1-05.13 Superintendents, Labor and Equipment of Contractor (August 14, 2013 APWA GSP) Delete the sixth and seventh paragraphs of this section. 1-05.14 Cooperation with Other Contractors Section 1-05.14 is supplemented with the following (March 13, 1995 WSDOT GSP Option 1) Other Contracts Or Other Work It is anticipated that the following work adjacent to or within the limits of this project will be performed by others during the course of this project and will require coordination of the work: *** Removal of existing utility infrastructure within the project limits by utility companies Installation of temporary and permanent utility infrastructure within the project limits by utility companies. *** City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 13 PART 6. T ECHNICAL SPECIFICATIONS 1-05.15 Method of Serving Notices (January 4, 2024 APWA GSP) Revise the second paragraph to read: All correspondence from the Contractor shall be served and directed to the Engineer. All correspondence from the Contractor constituting any notification, notice of protest, notice of dispute, or other correspondence constituting notification required to b e furnished under the Contract, must be written in paper format, hand delivered or sent via certified mail delivery service with return receipt requested to the Engineer's office. Electronic copies such as e-mails or electronically delivered copies of corr espondence will not constitute such notice and will not comply with the requirements of the Contract. 1-05.16 Water and Power (October 1, 2005 APWA GSP) Add the following new Sections: The Contractor shall make necessary arrangements and shall bear the costs for power and water necessary for the performance of the work, unless the contract includes power and water as a pay item. 1-05.18 Record Drawings (March 8, 2013, APWA GSP) The Contractor shall maintain one set of full size plans for Record Drawings, updated with clear and accurate red-lined field revisions on a daily basis, and within 2 business days after receipt of information that a change in Work has occurred. The Contr actor shall not conceal any work until the required information is recorded. This Record Drawing set shall be used for this purpose alone, shall be kept separate from other Plan sheets, and shall be clearly marked as Record Drawings. These Record Drawings shall be kept on site le for review by the Contracting Agency at all times. The Contractor shall bring the Record Drawings to each progress meeting for review. The preparation and upkeep of the Record Drawings is to be the assigned responsibility of a single, experienced, and qualified individual. The quality of the Record Drawings, in terms of accuracy, clarity, and completeness, is to be adequate to allow the Contracting Agency to modify the computer- aided drafting (CAD) Contract Drawings to produce a complete set of Record Drawings for the Contracting Agency without further investigative effort by the Contracting Agency. The Record Drawing markups shall document all changes in the Work, both concealed and visible. Items that must be shown on the markups include but are not limited to: Actual dimensions, arrangement, and materials used when different than shown in the Plans. Changes made by Change Order or Field Order. Changes made by the Contractor. Accurate locations of storm sewer, sanitary sewer, water mains and other water appurtenances, structures, conduits, light standards, vaults, width of roadways, sidewalks, landscaping areas, building footprints, channelization and pavement markings, etc. Include pipe invert elevations, top of castings (manholes, inlets, etc.). City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 14 PART 6. T ECHNICAL SPECIFICATIONS If the Contract calls for the Contracting Agency to do all surveying and staking, the Contracting Agency will provide the elevations at the tolerances the Contracting Agency requires for the Record Drawings. When the Contract calls for the Contractor to do the surveying/staking, the applicable tolerance limits include, but are not limited to the following: Vertical Horizontal As-built sanitary & storm invert and grate elevations ± 0.01 foot ± 0.01 foot As-built monumentation ± 0.001 foot ± 0.001 foot As-built waterlines, inverts, valves, hydrants ± 0.10 foot ± 0.10 foot As-built ponds/swales/water features ± 0.10 foot ± 0.10 foot As-built buildings (fin. Floor elev.) ± 0.01 foot ± 0.10 foot As-built gas lines, power, TV, Tel, Com ± 0.10 foot ± 0.10 foot As-built signs, signals, etc. N/A ± 0.10 foot Making Entries on the Record Drawings: Use erasable colored pencil (not ink) for all markings on the Record Drawings, conforming to the following color code: Additions: Red Deletions: Green Comments: Blue Dimensions: Graphite Provide the applicable reference for all entries, such as the change order number, the request for information (RFI) number, or the approved shop drawing number. Date all entries. Clearly identify all items in the entry with notes similar to those in the Contract Drawings (such as pipe symbols, centerline elevations, materials, pipe joint abbreviations, etc.). The Contractor shall certify on the Record Drawings that said drawings are an accurate depiction of built conditions, and in conformance with the requirements detailed above. The Contractor shall submit final Record Drawings to the Contracting Agency. Co ntracting Agency acceptance of the Record Drawings is one of the requirements for achieving Physical Completion. Payment will be made for the following bid item: Payment for this item will be made on a prorated monthly basis for work completed in accordance with this section up to 75% of the lump sum bid. The final 25% of the lump sum item will be paid upon submittal and approval of the completed Record Drawings s et prepared in conformance with these Special Provisions. A minimum bid amount has been entered in the Bid Proposal for this item. The Contractor must bid at least that amount. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 15 PART 6. T ECHNICAL SPECIFICATIONS 1-06 CONTROL OF MATERIAL (October 1, 2025) Section 1-06 is supplemented with the following: General Requirements In accordance with Buy America requirements contained in 23 CFR 635.410 and 2 CFR 184, the following materials must be produced in the United States: 1.All Iron or Steel Products used in the project. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2.All Manufactured Products used in the project. This means the manufactured product was manufactured (final assembly) in the United States. 3. All Construction Materials used in the project. This means that all manufacturing processes for the construction material occurred in the United States. An article, material, or supply will be classified in one of four categories: 1) Iron or Stee Product, 2) Manufactured Product, 3) Construction Material, or 4) Excluded Material. Only a single category will apply to an item except as follows: 1.With respect to precast concrete products that are classified as Manufactured Products, the components of precast concrete products that consist wholly or predominantly of iron, steel, or combination of both shall meet the requirements for and be tracked a s an Iron or Steel Product. The item shall also meet the requirements for and be tracked as a Manufactured Product. 2.With respect to intelligent transportation systems and other electronic hardware systems that are classified as Manufactured Products, the cabinets or other enclosures of such systems that consist wholly or predominantly of iron, steel, or a combination of both, shall meet the requirements for and be tracked as an Iron or Steel Products. The item shall also meet the requirements for and be tracked as a Manufactured Product. Some contract items are composed of multiple parts that may fall into different categories. Individual components will be categorized as a Construction Material, a Manufactured Product, an Iron or Steel Product, or an excluded material based on their composition when they arrive at the staging area or work site. Definitions 1.Construction Material: Defined as any article, material, or supply brought to the construction site for incorporation into the final product. Construction materials include an article, material, or supply that is or consists primarily of: a. Non-ferrous metals including all manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly; b. Plastic and polymer-based products including all manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form); c. Glass including all manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting); City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 16 PART 6. T ECHNICAL SPECIFICATIONS d. Fiber optic cable (includes drop cable) including all manufacturing processes, from initial ribboning (if applicable), through buffering, fiber stranding and jacketing, (fiber optic cable also includes the standards for glass and optical fiber); e. Optical fiber including all manufacturing processes, from the initial preform fabrication stage, though the completion of the draw; f. Lumber including all manufacturing processes, from initial debarking through treatment and planing; g. Drywall including all manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels; or h. Engineered wood including all manufacturing processes from the initial combination of constituent materials until the wood product is in its final form. If a Construction Material is not manufactured in the United States it shall be considered a Foreign Construction Material. 2.Excluded Material: A material where Buy America requirements do not apply. This includes the following: a.Materials excluded by Section 70917(c) of the Buy America, Build America Act with respect to aggregates this includes cement and cementitious materials, aggregates such as stone, sand, or gravel or aggregate binding agents or additives. These materials sha ll be classified as excluded materials based on the composition when brought to the work site. It also includes combinations of these excluded materials when mixtures of Excluded Materials are delivered to the work site without final form for incorporation into the project (i.e. wet concrete and HMA). If they are formed prior to delivery, they are a Manufactured Product and not an Excluded Material. b.Temporary materials that are not being permanently incorporated into the project. c.Raw or minimal processed materials where the article, material, or supply does not fall into any of the categories, as it is not a Manufactured Product, an Iron or Steel Product, or a Construction Material and when these materials are delivered to the work site without final form for incorporation into the product (i.e. seed mix and topsoil). If they are formed prior to delivery, and are not an Iron or Steel Product or a Construction Material, they are a Manufactured Product and not an Excluded Material. 3. Iron or Steel Product: An article, material, or supply that consist of wholly or predominantly of iron or steel or a combination of both. To be considered predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is based on a good faith estimate of the cost of the iron or steel components. 4. Manufactured Product: A Manufactured Product includes any item produced as a result of the manufacturing process. Items that should be treated as a manufactured product (rather than a construction material) are: 1) items that consist of two or more of the listed construction materials that have been combined together through a manufacturing process, and 2) items that include at least one of the listed construction materials as defined above, combined with a material that is not listed through a manufacturing process. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 17 PART 6. T ECHNICAL SPECIFICATIONS If a product is not an Iron or Steel Product, a Construction Material, or an Excluded Material, it is a Manufactured Product. If a Manufactured Material is not manufactured in the United States, it shall be considered a Foreign Manufactured Product. 5. United States: To further define the coverage, a domestic product is a manufactured steel construction material that was produced in one of the 50 states, the District of Columbia, Puerto Rico, or in the territories and possessions of the United States. Iron or Steel Product Requirements Iron or Steel Products that are permanently incorporated into the project shall consist of American-made materials only. Buy America requirements do not apply to temporary steel or iron items, e.g., temporary sheet piling, temporary bridges, steel scaffold ing and falsework. Minor amounts of foreign steel and iron may be utilized in this project provided the cost of the foreign material used does not exceed one-tenth of one percent of the total contract cost or $2,500.00, whichever is greater. American-made material is defined as material having all manufacturing processes occurring domestically. If domestically produced steel billets or iron ingots are exported outside of the United States, as defined above, for any manufacturing process then the resulting product does not conform to the Buy America requirements. Additionally, products manufacture d domestically from foreign source steel billets or iron ingots do not conform to the Buy America requirements because the initial melting and mixing of alloys to create the material occurred in a foreign country. Manufacturing begins with the initial melting and mixing and continues through the coating stage. Any process which modifies the chemical content, the physical size or shape, or the final finish is considered a manufacturing process. The processes include rolling, extruding, machining, bending, grinding, drilling, welding, and coating. The action of applying a coating to steel or iron is deemed a manufacturing process. Coating includes epoxy coating, galvanizing, aluminizing, painting, and any other coating that protects or enhances the value of steel or iron. Any process from the original reduction from ore to the finished product constitutes a manufacturing process for iron. Due to a nationwide waiver, Buy America requirements do not apply to raw materials (iron ore and alloys), scrap (recycled steel or iron), and pig iron ore processed, pelletized, and reduced iron ore. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 18 PART 6. T ECHNICAL SPECIFICATIONS The following are considered to be steel manufacturing processes: 1.Production of steel by any of the following processes: a.Open hearth furnace. b.Basic oxygen. c.Electric furnace. d.Direct reduction. 2.Rolling, heat treating, and any other similar processing. 3. Fabrication of the products: a.Spinning wire into cable or strand. b.Corrugating and rolling into culverts. c.Shop fabrication. A certification of materials origin will be required for all iron or steel products prior to such items being incorporated into the permanent work. The Contractor will not receive payment until the certification is received by the Engineer. The certification shall be on WSDOT Form 350-109 provided by the Engineer, or such other form approved by the Contracting Agency, provided it contains the same information as WSDOT Form 350-109. Manufactured Products and Construction Material Requirements A Contractor provided certification of materials origin will be required before each progress estimate or payment. The Contractor will not receive payment until the certification is received by the Engineer. The Contractor shall certify that all Manufactured Products and all Construction Materials installed during the current progress estimate period meet the Buy America requirements. The certification shall be on WSDOT Form 350-108 provided by the Engineer, or such other form approved by the Contracting Agency, provided it contains the same information as WSDOT Form 350-108. Iron or Steel Products in a Manufactured Product In addition to providing the certification of materials origin for the Manufactured Product, the iron or steel products in a manufactured product are subject to the Buy America requirements as follows: 1.When a precast concrete product is classified as a Manufactured Product, the components that are an Iron or Steel Product shall follow the or Steel of this Specification. 2.When an electronic hardware system such as an intelligent transportation system is classified as a Manufactured Product, the cabinets and the other enclosures of such systems that are an Iron or Steel Product shall follow the or Steel of this Specification. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 19 PART 6. T ECHNICAL SPECIFICATIONS Waiver for De Minimis Costs Minor amounts of Foreign Construction Materials and Foreign Manufactured Products may be utilized in this project, provided that the total cost of the Foreign Construction Materials and Foreign Manufactured Products does not exceed $1,000,000 and does not exceed 5 percent of the total applicable material costs calculated as follows: õ ðò ð ë The total applicable material costs shall be the sum of the costs of all Construction Materials, all Iron or Steel Products, and all Manufactured Products. Total applicable material costs does not include Excluded Materials. (October 1, 2025) The Following Items of work containing steel, iron or other construction materials are considered to be temporary and are excluded from the Buy America requirements: *** Temporary Signage Post Silt Fence Supports *** 1-06.1 Approval of Materials Prior to Use Section 1-06.1 is supplemented with the following: (April 3, 2017 WSDOT GSP) For each proposed material that is required to be submitted for approval using either the QPL or RAM process the Contractor will be allowed to submit for approval two material sources or manufacturers per material type at no cost. Additional material sour ces or manufacturers may be submitted for approval and will be processed at a cost of $125.00 per material source or manufacturer submitted by QPL submittal and $400.00 per material submitted by RAM. All costs for processing additional material sources or manufacturers will be deducted from monies due or that may come due to the Contractor. Subject to a request by the Contractor and a determination by the Engineer the costs for processing may be waived. 1-06.6 Recycled Materials (*****) Delete this section including its subsections, and replace it with the following: Use of recycled material shall be approved by the Engineer prior to incorporation into the project. Recycled concrete aggregate shall not be allowed. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 20 PART 6. T ECHNICAL SPECIFICATIONS 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 1-07.1 Laws To Be Observed (October 1, 2005, APWA GSP) Supplement this section with the following: In cases of conflict between different safety regulations, the more stringent regulation shall apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures fo care, persons, including employees, who may have been injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known p The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the or improper maintenance, use, or operation. The Contracto r shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the (March 9, 2026) Unmanned Aircraft Systems (UAS) The procurement and/or use of any drone (UAS) on this Contract shall comply with the following directives: National Defense Authorization Act (NDAA) American Security Drone Act of 2023 (ASDA, Pub. L. No. 118-31). Office of Management and Budget Memorandum M-26-02 Restrictions on using federal funds to purchase or operate prohibited foreign UAS. Contractors, subcontractors, and lower-tier subcontractors shall not procure, operate, maintain, or defined in the Federal Acquisition Security Council (FASC) in th e performance of this Contract. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 21 PART 6. T ECHNICAL SPECIFICATIONS 1-07.1(2) Health and Safety Section 1-07.1(2) is supplemented with the following: (April 3, 2006 WSDOT GSP) Confined Space Confined spaces are known to exist at the following locations: *** 1.Utility Vaults 2.Catch Basins 3.Manholes *** The Contractor shall be fully responsible for the safety and health of all on-site workers and compliant with Washington Administrative Code (WAC 296-809). The Contractor shall prepare and implement a confined space program for each of the confined spaces identified above. The Contractors Confined Space program shall be sent to the Contracting Agency at least 30 days prior to the Contractor beginning work in or adjacent to the confined space. No work shall be performed in or adjacent to the confined space until the plan is submitted to the Engineer as required. The Contractor shall communicate with the Engineer to ensure a coordinated effort for providing an when working in or near a confined space. All costs to prepare and implement the confined space program shall be included in the bid prices for the various items associated with the confined space work. 1-07.2 State Taxes Delete this section, including its sub-sections, in its entirety and replace it with the following: 1-07.2 State Sales Tax (June 27, 2011, APWA GSP) The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to que stions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability. The Contractor shall include all Contractor-paid taxes in the unit bid prices or other contract amounts. In some cases, however, state retail sales tax will not be included. Section 1-07.2(2) describes this exception. The Contracting Agency will pay the retained percentage (or release the Contract Bond if a FHWA-funded Project) only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all contract-related taxes have been paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue, whether the amount owed relates to this contract or not. Any amount so deducted will be paid into the proper State fund. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 22 PART 6. T ECHNICAL SPECIFICATIONS 1-07.2(1) State Sales Tax Rule 171 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used primarily for foot or veh icular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For work performed in such cases, the Contractor shall in clude Washington State Retail Sales Taxes in the various unit bid item prices, or other contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work. 1-07.2(2) State Sales Tax Rule 170 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the st ate of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lin es, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such per sonal property becomes a part of the realty by virtue of installation. For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception. Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount. 1-07.2(3) Services The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244). 1-07.5 Environmental Regulations 1-07.5(4) Air Quality 1-07.5(4)C Asbestos Containing Materials (*****) Supplement this section with the following: Asbestos conta ining water main is present on the project. All existing water line shown for removal shall be presumed to be asbestos containing material. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 23 PART 6. T ECHNICAL SPECIFICATIONS 1-07.7 Load Limits Section 1-07.7 is supplemented with the following: (March 13, 1995 WSDOT GSP) If the sources of materials provided by the Contractor necessitates hauling over roads other than State haul routes. 1-07.8 High-Visibility Apparel 1-07.8(1) Traffic Control Personnel Section 1-07.8(1) is revised to read: (September 16, 2025 WSDOT GSP) All personnel performing the Work described in Section 2-04 (including traffic control supervisors, flaggers, and others performing traffic control labor of any kind) shall comply with the following: 1.During daylight hours with clear visibility, workers shall wear a high-visibility ANSI/ISEA 107 Type R Class 2 or 3 garment with background material that are fluorescent yellow-green, fluorescent orange-red, or fluorescent red in color; and a high visibili ty hardhat that is white, yellow, yellow-green, orange, or red in color; and 2.During hours of darkness (½ hour before sunset to ½ hour after sunrise) or other low- visibility conditions (snow, fog, etc.), workers shall wear a high-visibility ANSI/ISEA 107 Type R Class 2 or 3 garment with background material that are fluorescent yello w-green, fluorescent orange-red, or fluorescent red in color; a high-visibility lower garment meeting ANSI/ISEA 107 Class E, and a high visibility hardhat marked with at least 12 square inches of retroreflective material applied to provide 360 degrees of v isibility. 1-07.9 Wages 1-07.9(1) General Section 1-07.9(1) is supplemented with the following (January 6, 2026) The Federal wage rates incorporated in this contract have been established by the Secretary of Labor under United States Department of Labor General Decis ion No. WA20260001. The State rates incorporated in this contract are applicable to all construction activities associated with this contract. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 24 PART 6. T ECHNICAL SPECIFICATIONS 1-07.9(3) Apprentices Supplement this Section with the following: (July 15, 2026 APWA GSP) Apprentice Utilization This Contract includes an Apprentice Utilization Requirement. Fifteen percent or more of project Labor Hours shall be performed by Apprentices unless Good Faith Efforts are accepted. Apprentice Utilization will be determined using the Department of Labor a nd Industries (L&I) online Prevailing Wage Intent & Affidavit (PWIA) system. Definitions For the purposes of this specification the following definitions apply: 1.Apprentice is a person enrolled in a State-approved Apprenticeship Training Program. 2.Apprentice Utilization is the apprentice labor hours, on the project, expressed as a percentage of project Labor Hours based on certified payrolls or the affidavits of wages paid, whichever is least. The percentage is not rounded up. 3.Apprentice Utilization Requirement is the minimum percentage of apprentice labor hours required by the Contract. 4. Utilization Requirement including but not limited to the specific steps as described elsewhere in this specification. 5.Labor Hours are the total hours performed by all workers receiving an hourly wage who are subject to prevailing wage requirements for work performed on the Contract as defined by RCW 39.04.320. Labor Hours are determined based on the scope of work perform ed by the individuals, rather than the title of their occupations in accordance with WAC 296-127. 6.State-approved Apprenticeship Training Program is an apprenticeship training program approved by the Washington State Apprenticeship Council. 7.Apprentice Wage Rates are the applicable wage rates that are to be paid for an apprentice registered in a training program, separate from Journey Level rates, as set by the Washington State Apprenticeship Training Council and Washington State Department of Labor and I ndustries (L&I). Electronic Reporting instructions are available in the application. Apprentice Utilization Plan The Contractor shall submit an Apprentice Utilization Plan Form (WSDOT Form 424-004) or (L&I Form F100-538) prior to Notice to Proceed or the preconstruction meeting, whichever is earlier. The Apprentice Utilization Plan must demonstrate how and when the y intend to achieve the Apprentice progress in meeting the utilization requirements. An Apprentice Utilization Plan shall be updated and resubmitted as the Work progresses or when requested by the Engineer or other Contracting Agency representative. If the Contractor is unable to demonstrate the ability to meet the Apprentice Utilization Requirement with their initial Apprentice Utilization Plan submission, an effort must be made to find additional City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 25 PART 6. T ECHNICAL SPECIFICATIONS registered apprentices to perform on the contract. If after attempts have been made at every tier and every scope, the Contractor must submit GFE documentation to the Contracting Agency. The Contractor shall actively seek out opportunities to meet the Appr entice Utilization Requirement during the construction Work. Subcontracts Contacts The Contractor may obtain information on State-approved Apprenticeship Training Programs by using the Apprentice Registration and Tracking System (ARTS) https://secure.lni.wa.gov/arts- public/#/program-search or contacting the Department of Labor and Indust ries directly at: Specialty Compliance and Services Division, Apprenticeship Section, P.O. Box 44530, Olympia, WA 98504-4530 or by phone at (360) 902-5320. Compliance The Contractor is expected to make attempts to employ Apprentices and shall include the requirement in any subcontracts at any tier. In the event that the Contractor is unable to achieve the Apprentice Utilization Requirement, the Contractor shall submit G FE documentation demonstrating the efforts and attempts they made. Final GFE documentation shall be submitted to the Contracting Agency after Substantial Completion but no later than 30 days after Physical Completion. If the Contractor fails to actively attempt to employ Apprentices, submit GFE documentation, or if the Engineer does not approve the GFE, the Contractor will be assessed a penalty. The Engineer will provide the Contractor with a written notice at Final Acc eptance of the project informing the Contractor of the failure to comply with this specification which will include a calculation of the penalty to be assessed as provided for in the Payment section in this special provision. If the Contractor achieves the required Apprentice Utilization an incentive will be assessed with Final Payment. Good Faith Efforts The GFE shall document the attempts (efforts) the Contractor (and any subcontractor at any tier) made to meet the Apprentice Utilization Requirement. Emails, letters, or other written communications with letterhead, titles, and contact information are requ ired. Documentation must include one or more of the following accepted GFEs: 1.Demonstrated Lack of Availability of Apprentices. Correspondence from State-approved Apprenticeship Training Program(s), with project specific responses confirming there is a lack of availability of Apprentices for this project. 2.Demonstrated Disproportionate Ratio of Material/Equipment/Products to Labor Hours. Documentation explaining the bid includes a disproportionate high cost of material/equipment/products to Labor Hours. (E.g., a $2 M estimated contract includes $1 M or more in procurement costs of equipment to be installed.) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 26 PART 6. T ECHNICAL SPECIFICATIONS 3.Demonstrated Lack of Necessary Labor Hours. Correspondence from a State-approved Apprentice Training Programs confirming there is not enough time in the project to meet required journey level to apprentice training ratios. 4.Demonstrated Lack of Available Approved Programs. Correspondence from State-approved Apprentice Training Programs, confirming there are no programs that train for the scopes included/anticipated on the project. Contractor and state programs to submit train ing program detail needs and details that could be used for future program creation. 5.Funding Precedent. Documentation that shows conflicting, more restrictive, or precedent requirements for other training on the Project. Examples include, but are not limited to, Tribal Employment Rights (TERO), Federal Training Hours, or Special Training t hat affect the ability to use state-registered apprentices. 6.Warranty Work. Documentation from Original Equipment Manufacturers, or similar, confirming that Work performed must only be completed by certified journey-level installers or risk voiding warranty, or similar. 7.Other Effort. The Contractor may submit other evidence, documentation, or rationale for not being able to achieve the required Apprentice Utilization that are not covered in the other efforts named. Other efforts will still need to be corroborated by an in dependent, knowledgeable third-party. Contractors may receive GFE credit for graduated Apprentice hours through the end of the calendar year for all projects worked on as long as the Apprentice remains continuously employed with the same Contractor/subcontractor they were working for when they graduated. If an Apprentice graduates during employment on a project of significant duration, they may be counted towards a GFE credit for up to one year after their graduation or until the end of the project (whichever comes first). Determination of whet her Contract requirements were met in good faith will be made by subtracting the hours from the journeyman total reported hours for the project and adding them to the apprentice hour total. If the new utilization percentage meets the Contract requirement, the Contractor will be reported as meeting the requirement in good faith. Approving Good Faith Efforts The Contracting Agency will review submitted Good Faith Efforts and issue a determination. The Engineer may request additional information, documentation, evidence or similar in order to approve such efforts. A determination by the Engineer is final. The a pproved Good Faith Efforts will be loaded into the PWIA system by the Contracting Agency. Measurement be measured for each hour of Work performed by an apprentice as shown on the Monthly Apprentice Utilization Report, based on certified payrolls or the affi davits of wages paid, whichever is least. The percentage is not rounded up. The calculation of incentive/penalty will be assessed based on the Final Payment for Contractors who meet the Apprentice Utilization Requirement without a reduction by GFE. Payment Payment will be made for the following Bid Items when included in the proposal: City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 27 PART 6. T ECHNICAL SPECIFICATIONS When the Contractor meets the apprenticeship requirement of 15% an incentive will be assessed. When the Contractor fails to meet the apprenticeship requirement of 15%, a penalty will be assessed for each hour that is not achieved, unless a GFE is approved by the Contracting Agency. Apprenticeship Incentive/Penalty will be calculated as described below: Percent of Incentive Penalty per hour of requirement met unmet requirement 100% ***$5,000*** N/A 90% to 99% N/A ***$1.00*** 75% to 89% N/A ***$2.50*** 50% to 74% N/A ***$4.00*** 1% to 49% N/A ***$6.50*** 0% N/A ***$10.00*** For the purpose of providing a common proposal for all bidders, the Contracting Agency has entered an incentive amount in the Proposal to become a part of the total bid by the Contractor. The Contractor shall include all related costs in the unit Bid prices of the Contract, included but not limited to implementing, developing, documenting, and administering an apprenticeship utilization program, recording and reporting hours and all other c osts to comply with this provision.1-07.9(5)A Required Documents Revise this Section to read (February 17, 2026 APWA GSP, Option A) All Statements of Intent to Pay Prevailing Wages and Affidavits of Wages Paid, including a signed Statement of Compliance for Federal-aid projects, shall be submitted to the Engineer and entered into the State L&I online Prevailing Wage Intent & Affidavit (PWIA) system. In addition to entries made in the PWIA system, all Certified Payrolls must be submitted weekly to the Contracting Agency with a legally valid signature 1-07.11 Requirements for Nondiscrimination Section 1-07.11 is supplemented with the following (May 5, 2025) Requirement for Affirmative Action to Ensure Equal Employment Opportunity In accordance with 41 CFR § 60-4.2, the clauses contained in 1-4 below are required to be included in applicable Federal regulations, including but not limite d to 41 CFR part 60 as currently existing or later amended. 1. 2. The goals and timetables for minority and female participation set by the Office of Federal Contract Compliance Programs, expressed in percentage terms for the Contractor's aggregate work force in each construction craft and in each trade on all construct ion work in the covered area, are as follows: City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 28 PART 6. T ECHNICAL SPECIFICATIONS WA Adams; WA Asotin; WA Columbia; WA Ferry; WA Garfield; WA Lincoln, WA Pend Oreille; WA Stevens; WA Whitman. WA Chelan; WA Douglas; WA Grant; WA Kittitas; WA Okanogan. WA Clallam; WA Grays Harbor; WA Island; WA Jefferson; WA Kitsap; WA Lewis; WA Mason; WA Pacific; WA San Juan; WA Skagit; WA Thurston; WA Whatcom. WA Cowlitz; WA Klickitat; WA Skamania; WA Wahkiakum. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 29 PART 6. T ECHNICAL SPECIFICATIONS -site construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, or federally assisted project, contract, or subcontract until further notic e. Compliance with these goals and timetables is enforced by the Office of Federal Contract compliance Programs. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, in each construction craft and in each trade, and the Contractor shall make a good fai th effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a vio lation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 or more that are Federally funded, at any tier for construc tion work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimat ed starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. The notification shall be sent to: 4. As used in this Notice, and in the contract resulting from this solicitation, the Covered Area is as designated herein. In accordance with 41 CFR § 60-4.3, the clauses contained in 1-15 below are required to be included in this Contract applicable Federal regulations, including but not limited to 41 CFR part 60 as currently existing or later amended. Standard Federal Equal Employment Opportunity Construction Contract Specifications 1. As used in these specifications: a. this contract resulted; City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 30 PART 6. T ECHNICAL SPECIFICATIONS b. States Department of Labor, or any person to whom the Director delegates authority; c. the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central American, South American, or other Spanish culture or origin, regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification.) 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (i ncluding goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. T he overall good faith performance by other Contractors or subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of this Special Provision. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hou rs of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. The Contractor is City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 31 PART 6. T ECHNICAL SPECIFICATIONS expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specificati ons, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contracto r shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each con struction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention t o minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities availa ble, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respec t to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason ther efor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor ha s other information that the union referral process has impeded the Contractor's efforts to meet its obligations. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 32 PART 6. T ECHNICAL SPECIFICATIONS e. Develop on-the-job training opportunity and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, e specially those programs funded or approved by the U.S. Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective barga ining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulle tin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A writte n record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Cont ractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describi ng the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 33 PART 6. T ECHNICAL SPECIFICATIONS k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contra ctor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associ ations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or ot her similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of the obligations under 7a through 7p of this Special Provision provided that the Contractor actively participates in the group, makes eve ry effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensure that the concrete benefits of the program are reflected in the Contractor's minority and female work-force participation, makes a goo d faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrate the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all wome n, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in substantially disparate manner (for example, even though the Contractor has achieved its goals for women general ly, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 34 PART 6. T ECHNICAL SPECIFICATIONS 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspensions, terminations and cancellations of existing subcontracts as may be imposed or ordered pursuant to E xecutive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of this Special Provision, so as to achieve maximum results fro m its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to kee p records. Records shall at least include, for each employee, their name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, app rentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; howev er, to the degree that existing records satisfy this requirement, the Contractors will not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Additional assistance for Federal Construction Contractors on contracts administered by Washington State Department of Transportation or by Local Agencies may be found at: City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 35 PART 6. T ECHNICAL SPECIFICATIONS 1-07.12 Federal Agency Inspection (October 3, 2023) Section 1-07.12 is supplemented with the following: Required Federal Aid Provisions The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273)Revised October 23, 2023 and the amendments thereto supersede any conflicting provisions of the Standard Specifications and are made a part of this Contract; provided, however, that if any of the provisions of FHWA 1273, as amended, are less restrictive th an Washington State Law, then the Washington State Law shall prevail. The provisions of FHWA 1273, as amended, included in this Contract require that the Contractor insert the FHWA 1273 and amendments thereto in each subcontract, together with the wage rates which are part of the FHWA 1273, as amended. Also, a clause shall b e included in each subcontract requiring the subcontractors to insert the FHWA 1273 and amendments thereto in any lower tier subcontracts, together with the wage rates. The Contractor shall also ensure that this section, REQUIRED FEDERAL AID PROVISIONS, is inserted in each subcontract for subcontractors and lower tier subcontractors. For this purpose, upon request to the Engineer, the Contrac tor will be provided with extra copies of the FHWA 1273, the amendments thereto, the applicable wage rates, and this Special Provision. 1-07.13 1-07.13(4) Repair of Damage (*****) Delete section 1-07.13(4) and replace with the following: The Contractor shall promptly repair all damage to either temporary or permanent work as directed by the Engineer. For damage qualifying for relief under Sections 1-07.13(1), 1-07.13(2) or 1-07.13(3), payment will be made in accordance with Section 1-04.4. Payment will be limited to repair of damaged work only. No payment will be made for delay or disruption of work. 1-07.16 Protection and Restoration of Property 1-07.16(1) Public/Private Property (October 3, 2022 WSDOT GSP) Section 1-07.16(1)C is supplemented with the following: The Contractor is not to use adjoining property without first obtaining written permission from adjacent property owner(s), and notifying the Engineer, in writing, when such permission has been granted prior to occupying or using adjoining property. 1-07.16(2) Vegetation Protection and Restoration (August 2, 2010 WSDOT GSP) Supplement this section with the following: Vegetation and soil protection zones for trees shall extend out from the trunk to a distance of 1 foot radius for each inch of trunk diameter at breast height. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 36 PART 6. T ECHNICAL SPECIFICATIONS Vegetation and soil protection zones for shrubs shall extend out from the stems at ground level to twice the radius of the shrub. Vegetation and soil protection zones for herbaceous vegetation shall extend to encompass the diameter of the plant as measured from the outer edge of the plant. 1-07.16(4) Archaeological and Historical Objects Supplement this section with the following: (*****) An Inadvertent Discovery Protocol is included on page 22 of the Cultural Resources Report in Appendix D. The Contractor shall follow the requirements outlined in this section of the report. 1-07.17 Utilities and Similar Facilities (October 3, 2022 WSDOT GSP, Option 2) Section 1-07.17 is supplemented with the following: Locations and dimensions shown in the Plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or other verification. Public and private utilities, or their Contractors, will furnish all work necessary to adjust, relocate, replace, or construct their facilities unless otherwise provided for in the Plans or these Special Provisions. Such adjustment, relocation, replacement, or construction will be done during the prosecution of the work for this project. It is anticipated that utility adjustment, relocation, replacement, or construction within the project limits will be completed as follows: Puget Sound Energy (PSE) Distribution Power The contractor shall coordinate with PSE to supply the conduit and vaults for installation of the distribution system for the project. The contractor will supply all miscellaneous material necessary for duct and vault installation such as but not limited t o couplings, conduit fittings, bends, sweeps, risers, riser attachments, glue, warning tape, spacers, pull string, trace wire, controlled density fill (CDF) and fluidized thermal backfill (FTB). The Contractor shall install the conduits and vaults per the contract Construction Standards and subject to inspections by the utility as follows: 1.Provide three (3) Business days lead time for PSE inspections of conduit and vault system. 2.Provide ten (10) Business days lead time for installing wire 3.Provide ten (10) Business days lead time for cut-over work 4.Provide ten (10) Business days lead time for temporary pole relocations and/or pole support systems 5.Provide ten (10) Business days lead time to hold poles 6.Provide ten (10) Business days lead time for removal of existing facilities 7.Provide five (5) Working days lead time for any other activities Once the conduits and vaults have been installed for the entire length of the project and the installation approved by PSE, PSE will pull new wires, energize the system, cut over the new services, de-energize the old system, remove existing facilities and remove the existing utility poles that they own. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 37 PART 6. T ECHNICAL SPECIFICATIONS Comcast (CC) Telecommunications Existing overhead CC utilities are to be undergrounded during construction. The Contractor is responsible for furnishing and installing all new conduit and structures in accordance with the contract plans. The Contractor is responsible for contacting Comca st for information requests and construction coordination. All work shall conform to Comcast Construction Standards and subject to inspections by the utility as follows: 1.Provide three (3) Business days lead time for Comcast inspections of conduit and vault system. 2.Provide ten (10) Business days lead time for installing fiber 3.Provide ten (10) Business days lead time for cut-over work 4.Provide ten (10) Business days lead time for temporary pole relocations and/or pole support systems (if needed) 5.Provide ten (10) Business days lead time to hold poles 6.Provide ten (10) Business days lead time for removal of existing facilities 7.Provide five (5) Working days lead time for any other activities Lightcurve (LC) Telecommunications Light curve has not existing overhead facilities, but the plans will install new conduit and structures. The Contractor is responsible for furnishing and installing all new conduit and structures in accordance with the contract plans. The Contractor is re sponsible for contacting Lightcurve for information requests and construction coordination. All work shall conform to Lightcurve Construction Standards and subject to inspections by the utility as follows: 1.Provide three (3) Business days lead time for Lightcurve inspections of conduit and vault system. 2.Provide ten (10) Business days lead time for installing fiber 3.Provide ten (10) Business days lead time for removal of existing facilities 4.Provide five (5) Working days lead time for any other activities City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 38 PART 6. T ECHNICAL SPECIFICATIONS The Contractor shall attend a mandatory utility preconstruction meeting with the Engineer, all affected subcontractors, and all utility owners and their Contractors prior to beginning onsite work. The following addresses and telephone numbers of utility companies or their Contractors that will be adjusting, relocating, replacing or constructing utilities within the project limits are supplied for the Contractor's use: Puget Sound Energy (PSE): City of Yelm Storm, Sewer, and Water: John Singleton Elizabeth Jones (360)522-3156 (360)688-0135 John.Singleton@pse.com ElizabethJ@Yelmwa.gov Lightcurve: Comcast: Steve Harder Brian Hoback (360)239-9079 (253)254-1366 sweible@fibesolutions.com brian_hoback@comcast.com Puget Sound Energy (PSE Gas): Peter de Graaf (253) 579-5076 Peter.deGraaf@pse.com (*****) Section 1-07.17 is supplemented with the following: The locations and dimensions shown on the Plans for existing facilities are in accordance with best available information obtained without uncovering, measuring, or other verification. The Contractor shall be responsible for any breakage of the existing u tilities or services, publicly or privately owned, claim resulting from disruption of or damage to the same. The Contractor is alerted to the existence of Chapter 19.122 RCW, a law relating to underground No excavation shall begin until all known facilities in the vicinity of the excavation area have been located and marked. The Contractor shall maintain the operational service of water distribution, storm drainage, and sanitary sewer service systems in as continuous a manner as possible. Where services are to be shut down, affected parties shall be notified in writing a mini mum of three working days in advance of the time and period of shutdown. The Contractor shall make every effort to keep shutdown schedules to periods of anticipated minimum usage and for the least period of time. No utility service will be allowed to be shut down for more than four hours per day. Should a shutdown of any utility be required for a period in excess of four hours, the Contractor at no expense to the Owner shall take necessary measures to provide temporary service. The method of all temporary utility services shall first be approved b y the City of Yelm. If any damage is done to an existing utility, the Contractor shall notify an authority of the particular City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 39 PART 6. T ECHNICAL SPECIFICATIONS repair all damaged City-owned utilities in accordance with the Contract Documents or per the direction of the City. The Contractor shall immediately notify the City of Yelm Construction Inspector when any damage occurs to any existing utility. For Joint Utility Trench construction see section 8-27. 1-07.17(2) Utility Construction, Removal, or Relocation by Others (*****) Section 1-07.17(2) is supplemented with the following: Utility owners will be present on site to install their individual improvements in the Contractor constructed joint utility trench and associated appurtenances. The Contractor shall schedule the Work and provide a timeframe for completion of the joint util ity trench to the utility owners so they may will provide a schedule of their individual work with expected completion dates. The Contracting Agency offers no guarantee of a completion date for utility work. The Contractor may request a Suspension of Work as defined in Section 1-08.6 of these Special Provisions for Utility Construction by Others 1-07.18 Public Liability and Property Damage Insurance Delete this section in its entirety, and replace it with the following: 1-07.18 Insurance (February 17, 2026 APWA GSP) 1-07.18(1) General Requirements A. The Contractor shall procure and maintain the insurance described in all subsections of section 1-07.18 of these Special Provisions, from insurers with a current A. M. Best rating of not less than A-: VII and licensed to do business in the State of Washing ton. The Contracting financial condition. B. The Contractor shall keep this insurance in force without interruption from the days after the Physical Completion date, unless otherwise indicated below. C. If any insurance policy is written on a claims-made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. The policy shall state that coverage is claims made and state the retroactive date. Claims-made form coverage shall be maintained by the Contractor for a minimum of 36 months following the Completion Date or earlier termination of this Contract, and the Contractor shall annually provide the Contracting Agency with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended Agency to assure financi al responsibility for liability for services performed. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 40 PART 6. T ECHNICAL SPECIFICATIONS D. Liability insurance policies shall be primary and non-contributory insurance as respects the -insurance, or self-insured pool cov erage. Any insurance, self-insurance, or self-insured pool coverage maintained by the Contracting Agency shall be E. The Contractor shall provide the Contracting Agency and all additional insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. F. The Contractor shall not begin Work under the Contract until the required insurance has been obtained and approved by the Contracting Agency. G. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency on demand, or at the sole discretion of the Contracting Age ncy, offset against funds due the Contractor from the Contracting Agency. H. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made. I.Under no circumstances shall a wrap up policy be obtained, for either initiating or maintaining coverage, to satisfy insurance requirements for any policy required under this Section. A wrap up policy is defined as an insurance agreement or arrangement under which all the parties working on a specified or designated project are insured under one policy for liability arising out of that specified or designated project. 1-07.18(2) Additional Insured All insurance policies, with the exception of Workers Compensation, and of Professional Liability and insured(s) using the forms or endorsements required h erein: *** the Contracting Agency and its officers, employees, agents, and volunteers Shea Carr & Jewel, Inc. and their subcontractors *** The above-listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespe ctive of whether the Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits lower than those maintained by the Contractor. For Commercial General Liability insurance coverage, the required additional insured endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 41 PART 6. T ECHNICAL SPECIFICATIONS 1-07.18(3) Subcontractors The Contractor shall cause each subcontractor of every tier to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for dete rmining the limits of coverage required to be obtained by subcontractors. The Contractor shall ensure that all subcontractors of every tier add all entities listed in 1-07.18(2) as additional insureds, and provide proof of such on the policies as required by that section as detailed in 1-07.18(2) using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency evidence of insurance and copies of the additional insured endorsements of each subcontractor of every tier as required in 1-07.18(4) Verification of Coverage. 1-07.18(4) Verification of Coverage The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the signed Contract for the Work. Failure of Contracting Agency to demand such verification of coverage with these insurance requirements or failure of Contracting Agency to identify a deficiency from the insurance documentation provided shall not be construed as a waiver Verification of coverage shall include: 1. An ACORD certificate or a form determined by the Contracting Agency to be equivalent. 2. Copies of all endorsements naming Contracting Agency and all other entities listed in 1- 07.18(2) as additional insured(s), showing the policy number. The Contractor may submit a copy of any blanket additional insured clause from its policies instead of a separate endorsement. 3. Any other amendatory endorsements to show the coverage required herein. 4. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements actual endorsements must be submitted. 5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the Contracting Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow the Contractor or others providing insurance evidence in compliance with these Specifications to waive their right of subrogation prior to a loss. The Contractor hereby waives its own right of subrogation against the Contracting Agency and shall require simila r written express waivers and insurance clauses from each of its subcontractors. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency a full and certified copy of the insurance policy(s). If Builders Risk insurance is required on this Project, City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 42 PART 6. T ECHNICAL SPECIFICATIONS a full and certified copy of that policy is required when the Contractor delivers the signed Contract for the Work. 1-07.18(5) Coverages and Limits The insurance shall provide the minimum coverages and limits set forth below. maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or any remedy available at law or in equity. All deductibles and self-insured retentions must be disclosed and are subject to approval by the Contracting Agency. The cost of any claim payments falling within the deductible or self-insured retention shall be the responsibility of the Contractor. In the event an additional insured incurs a -insured retention, said deductibles or self-insured retention shall be the responsibility of the Contractor. 1-07.18(5)A Commercial General Liability Commercial General Liability insurance shall be written on coverage forms at least as broad as ISO occurrence form CG 00 01, including but not limited to liability arising from premises, operations, stop gap liability, independent contractors, products-com pleted operations, personal and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. completed operations for at least three years following Substantial Completion of the Work. Such policy must provide the following minimum limits: $2,000,000 Each Occurrence $3,000,000 General Aggregate $3,000,000 Products & Completed Operations Aggregate $2,000,000 Personal & Advertising Injury each offence $2,000,000 1-07.18(5)B Automobile Liability Automobile Liability shall cover owned, non-owned, hired, and leased vehicles; and shall be written on a coverage form at least as broad as ISO form CA 00 01. If the Work involves the transport of pollutants, the automobile liability policy shall include MCS 90 and CA 99 48 endorsements. Such policy must provide the following minimum limit: $1,000,000 Combined single limit each accident 1-07.18(5)C Insurance laws of the State of Washington. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 43 PART 6. T ECHNICAL SPECIFICATIONS 1-07.18(5)D Excess or Umbrella Liability (January 4, 2016 APWA GSP) The Contractor shall provide Excess or Umbrella Liability insurance with limits of not less than ***$2*** million each occurrence and annual aggregate. This excess or umbrella liability coverage shall be excess insurance All entities listed under 1-07.18(2) of these Special Provisions shall be named as additional insureds on Automobile Liability coverages, or any combination thereof that achieves the overall required limits of insurance. 1-07.24 Rights of Way (April 22, 2025 APWA GSP) Delete this section and replace it with the following: City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 44 PART 6. T ECHNICAL SPECIFICATIONS 1-08 PROSECUTION AND PROGRESS Add the following new section: 1-08.0 Preliminary Matters 1-08.0(1) Preconstruction Conference (October 21, 2025 APWA GSP) 1. 1. 1-08.0(2) Hours of Work (February 17, 2026 APWA GSP) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 45 PART 6. T ECHNICAL SPECIFICATIONS 1. 2. 3. 4. 1-08.1 Subcontracting Section 1-08.1 is supplemented with the following: (September 2, 2025) 1. Olympic Region ORegionOEO@wsdot.wa.gov City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 46 PART 6. T ECHNICAL SPECIFICATIONS 1-08.1(8) Required Subcontract Clauses 1-08.1(8)B Clauses Required in Subcontracts of All Tiers (November 25, 2024 APWA GSP) Delete item 8 of the second paragraph of section 1-08.1(8)B. 1-08.3 Progress Schedule 1-08.3(2) Progress Schedule Types (*****) Supplement the first paragraph with the following: 8.Show Suspension(s) of Work and Utility Installation Window. 1-08.3(2)A Type A Progress Schedule (February 17, 2026 APWA GSP) Revise this section to read: The Contractor shall submit FOUR (4) copies of a Type A Progress Schedule no later than at the preconstruction conference, or some other mutually agreed upon submittal time. The schedule may be a critical path method (CPM) schedule, bar chart, or other sta ndard schedule format. Regardless of which format is used, the schedule shall identify the critical path. The Engineer will evaluate the Type A Progress Schedule and accept or return the schedule for corrections within 15 calendar days of receiving the sub mittal. (*****) Supplement this section with the following: The progress schedule shall show items of work to be completed prior to the initial suspension and items of work to be completed prior to Physical Completion. The dates for initial suspension and final working day have been provided in S ection 1-08.6 of these Special Provisions. 1-08.5 Time for Completion (*****) Revise the sixth paragraph to read: The Engineer will give the Contractor written notice of the C ompletion D ate of the C ontract after all C ontract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical Work on the project must be complete; and 2. The Contractor must furnish all documentation required by the Contract and required by law, to allow the Contracting Agency to process final acceptance of the C ontract. The following documents must be received by the Engineer prior to establishing a completion date: City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 47 PART 6. T ECHNICAL SPECIFICATIONS a. Certified Payrolls (per Section 1-07.9(5)). b. Material Acceptance Certification Documents c. Monthly Reports in DMCS of the amounts paid including the final payment confirmation to all firms required by Section 1-08.1(7)A if applicable d. Final Contract Voucher Certification e. subcontractors f. A copy of the Notice of Termination sent to the Washington State Department of Ecology (Ecology); the elapse of 30 calendar days from the date of receipt of the Notice of Termination by Ecology; and no rejection of the Notice of Termination by Ecology. Thi s requirement will not apply if the Construction Stormwater General Permit is transferred back to the Contracting Agency in accordance with Section 8-01.3(16). g. Property owner releases per Section 1-07.24 Section 1-08.5 is supplemented with the following: (*****) Contract Times (working days) are included in Article 4.03 of the EJCDC Form C- this Contract. 1-08.6 Suspension of Work Section 1-08.6 is supplemented with the following: (February 6, 2023, WSDOT GSP) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 48 PART 6. T ECHNICAL SPECIFICATIONS Section 1-08.6 is supplemented with the following: (*****) for installation of wiring/cabling, service connections, and removal of existing facilities by the utility providers. If the Contractor does not request a Suspension of Work, the Contractor shall ensure unrestricted access to the site for all involved utility providers. The Contractor shall provide Temporary Traffic Control during the Utility Installation Window suspension. No equitable adjustment shall be made for cost or time associated with the Utility Installation Window suspension. Work Activities with Winter Suspension The opening time of this project is important to the Contracting Agency. Project work has been evaluated to give the most protection to the surrounding environment for optimum performance and the desired physical completion date. It is in the public intere st that the contractor complies with these findings or and approval. The following list of items of work is recommended for: Completion of Work prior to initial suspension Required final date for initial suspension Earliest work resumption date and minimum required last working day for physical completion. Completed Work Prior to Initial Suspension It is the express interest of the Contracting Agency to have all underground work completed including: final new water main all joint utility work including c onduit, junction boxes, handhole s and backfilled all site feature foundations requiring underground electrical stubs all below grade decorative electrical system including cantinary pole foundations, controller cabinet foundation etc. Prior to ini tial suspension all exposed grade within the alley way trenching shall be paved with Commercial HMA. Material, labor, p lacement, removal and disposal will be included in the contract unit price for Commercial HMA. The contractor has the di scretion to permanently pave all trenching outsid e of the plaza with final pave if approved by the Contracting Agency. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 49 PART 6. T ECHNICAL SPECIFICATIONS Required Date for beginning the initial suspension The intent of the initial suspension is to allow all utilities to schedule a point to begin their work without designed stormwater infiltration capabi lities that are not compromised by construction activity. Initial suspension date will be November 11, 2026. Work resumption and last working day The intent for the earliest work resumption day is important to the viability of the designed stormwater infiltration capabilities that are not compromised by construction activity. All remaining work is expected to be completed with the days remaining as last noted in the Contractor Weekly Statement of Wo rking. Final date of physical completion will be June 21, 2027. 1-09 MEASUREMENT AND PAYMENT 1-09.2 Weighing Equipment 1-09.2(1) General Requirements for Weighing Equipment (January 4, 2024 APWA GSP, Option B) Revise item 4 of the fifth paragraph to read: 4. (July 8, 2024 APWA GSP, Option C) Revise the sixth and seventh paragraph to read: 1.Date of haul; 2.Contract number; 3.Contract unit Bid item; 4.Unit of measure; 5.Identification number of hauling vehicle; and 6.Weight delivered: a.Net weight in the case of batch and hopper scales. b.Gross weight, tare (a.m. and p.m. minimum) and net weight in the case of platform scales (tare may be omitted if a tare beam is used). c.Approximate load out weight in the case of belt conveyor scales. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 50 PART 6. T ECHNICAL SPECIFICATIONS 1-09.2(5) Measurement (December 30, 2022 APWA GSP) Revise the first paragraph to read: 1-09.6 Force Account (December 30, 2022 APWA GSP) Supplement this section with the following: 1-09.9 Payments (March 13, 2012, APWA GSP) Supplement this section with the following: Lump sum item breakdowns are not required when the bid price for the lump sum item is less than $20,000. 1-09.11 Disputes and Claims 1-09.11(3) Time Limitation and Jurisdiction (December 30, 2022 APWA GSP) Revise this section to read: For the convenience of the parties to the Contract it is mutually agreed by the parties that claims or causes of action which the Contractor has against the Contracting Agency arising from the Contract shall be brought within 180 calendar days from the date of final acceptance (Section 1-05.12) of the Contract by the Contracting Agency; and it is further agreed that such claims or causes of action shall be brought only in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction within the time period provided, shall be a complete bar to such claims or causes of action. It is further mutually agreed by the parties that when claims or causes of action which the Contractor asserts against the Contracting Agency arising from the Contract are filed with the Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency to have timely access to records deemed necessary by the Contracting Agency to assist in evaluating the claims or action. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 51 PART 6. T ECHNICAL SPECIFICATIONS 1-09.13 Claims Resolution 1-09.13(1) Conditions Precedent to Binding Arbitration or Litigation 1-09.13(3) Arbitration 1-09.13(3)A Arbitration General (January 19, 2022 APWA GSP) Revise the third paragraph to read: 1-09.13(4) Venue for Litigation (December 30, 2022 APWA GSP) Revise this section to read: END OF DIVISION 1 City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 52 PART 6. T ECHNICAL SPECIFICATIONS DIVISION 2 TEMPORARY FEATURES 2-01 MOBILIZATION (February 17, 2026 APWA GSP) Delete Section 2-01 and replace it with the following: 2-01.1 Description 2-01.3 Construction Requirements 1. 2. 3. 4. 2-01.5 Payment 1. 2. 3. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 53 PART 6. T ECHNICAL SPECIFICATIONS 2-0 3 PUBLIC CONVENIENCE AND SAFETY 2-03.3 Construction Requirements 2-03.3(1) Construction Under Traffic Section 2-03.3(1) is supplemented with the following (November 4, 2024 WSOT GSP, Option 5) The alley will be closed for the duration of the project with local access only. The contractor shall notify owners impacted by the alleyway closure 48 hours prior to closure of the alley. The Contractor shall also inform the owner 48 hours prior to the co nstruction of any service connections for power, water, and communications utilities. The Contractor shall communicate to the owner the extents of the construction impacts how it will impact the property grounds and any structures on site, and any tempor ary disconnect of services. For all work, the contractor shall give the owners directions on where to park vehicles during the duration of the work. The Contractor shall coordinate moving the trash bins from the construction site to 2 nd Avenue on days that the trash needs to be picked up. This shall be coordinated with the owners and LeMay Pacific Disposal Inc. to ensure that trash is picked up for the entire duration of the project. o o The Contractor shall provide driveway access at all times unless prior approval is given from the Engineer or the Property Owner. The Contractor shall use steel plates to bridge entrances or construct driveways in passable sections. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 54 PART 6. T ECHNICAL SPECIFICATIONS Law Enforcement The Contractor shall provide Law enforcement for full roadway closures and to control intersections when traffic signals are temporarily turned off. Work During Hours of Darkness Work during hours of darkness may be required for the Project. The Contractor shall obtain any required noise variance or exemption for such Work. The Contractor shall, at no additional cost to the City, make all arrangements for operations during hours of darkness. Lighting for construction activity shall be directed away from maintained traffic to minimize glare to motorists. 1. 2. 3. 4. 5. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 55 PART 6. T ECHNICAL SPECIFICATIONS 1. 2. (October 3, 2022 WSDOT GSP, Option 7) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 56 PART 6. T ECHNICAL SPECIFICATIONS (September 3, 2024 WSDOT GSP, Option 10) 2-04 TEMPORARY TRAFFIC CONTROL 2-04.1 Description (*****) Supplement this section with the following: 2-04.2 Materials 2-04.2(9-35.2) Construction Signs (January 5, 2026) Section 9-35.2 is revised to read: Construction signs shall conform to the requirements of the MUTCD and shall meet the requirements of NCHRP Report 350 for Category 2 devices or MASH. Except as noted below, any sign/sign stand combination that satisfies these requirements will be acceptabl e. Post mounted Class A construction signs shall conform to the requirements of this section and additionally shall conform to the requirements stated in Section 9-28. Aluminum sheeting shall be used to fabricate all construction signs. The signs shall have a minimum thickness of 0.080 inches and a maximum thickness of 0.125 inches. All construction signs shall be fabricated with reflective sheeting in accordance with Section 9-28.12. All post mounted signs shall use a nylon washer between the twist fasteners (screw heads, bolts or nuts) and the reflective sheeting. The use of plywood, fiberglass reinforced plastic, fabric rollup signs, and any other previously approved sign materials except aluminum or aluminum composite is prohibited. All Class A and Class B signs shall utilize materials and be fabricated in accordance with Section 9-28 and the Washington State Sign Fabrication Manual M 55-05. A fabrication decal as stated in Section 9-28.1 is not required for construction signs. 2-04.2(9-35.6) Barricades (January 5, 2026) Section 9-35.6 is revised to read: Barricades shall conform to the requirements of the MUTCD. The alternating orange and white reflective bands shall be fabricated with reflective sheeting in accordance with Section 9-28.12. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 57 PART 6. T ECHNICAL SPECIFICATIONS 2-04.2(9-35.7) Traffic Safety Drums (January 5, 2026) The third and fourth paragraphs of Section 9-35.7 are revised to read: Until December 31, 2026, traffic safety drums may have 4-inch or 6-inch reflective bands fabricated from Type III or Type IV or higher sheeting type as described in Section 9-28.12. Beginning January 1, 2027, traffic safety drums shall have 6-inch reflective bands. A minimum of 4 reflective horizontal bands, alternating fluorescent orange and white starting with the top stripe being fluorescent orange, shall be used. Reflective bands shall be fabricated from Type IV or higher (reflective sheeting as described in Section 9-28.12. Drums of different reflective band types shall not be intermixed within the same closure. When recommended by the manufacturer, drums shall be treated to ensur e proper adhesion of the reflective sheeting. 2-04.2(9-35.9) Traffic Cones (January 5, 2026) The last paragraph of Section 9-35.9 is revised to read: White reflective bands shall be fabricated with reflective sheeting in accordance with Section 9-28.12 2-04.2(9-35.10) Tubular Markers (January 5, 2026) The last paragraph of Section 9-35.10 is revised to read: White reflective bands shall be fabricated with reflective sheeting in accordance with Section 9-28.12. When recommended by the manufacturer, tubular markers shall be treated to ensure proper adhesion of the reflective sheeting. 2-04.2(9-35.13) 42-Inch Tall Channelizing Devices (January 5, 2026) The third and fourth paragraphs of Section 9-35.13 are revised to read: Until December 31, 2026, 42-inch tall channelization devices may have 4-inch or 6-inch reflective bands fabricated from Type III or Type IV or higher sheeting type as described in Section 9-28.12. Beginning January 1, 2027, 42-inch tall channelization devices shall have 6-inch reflective bands. A minimum of 4 reflective horizontal bands, alternating fluorescent orange and white starting with the top stripe being fluorescent orange, shall be used. Re flective bands shall be fabricated from Type IV or higher IV (reflective sheeting as described in Section 9-28.12. 42-inch tall channelization devices of different reflective band types shall not be intermixed within the same closure. When recommended by t he manufacturer, 42-inch tall channelization devices shall be treated to ensure proper adhesion of the reflective sheeting. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 58 PART 6. T ECHNICAL SPECIFICATIONS 2-04.2(9-35.16) Pedestrian Channelizing Devices (January 5, 2026) Section 9-35.16 is revised to read: When exposed to vehicular traffic, pedestrian channelizing devices shall meet the crashworthiness requirements of NCHRP 350 or MASH as described in Section 2-04.3(3). The bottom and top surfaces of the pedestrian channelizing device shall have 6-inch refle ctive bands matching the body color of the device fabricated from reflective sheeting as described in Section 9-28.12. 2-04.3 Construction Requirements 2-04.3(1) Traffic Control Management (March 9, 2026) Section 2-04.3(1) is supplemented with the following: The Traffic Control Supervisor shall be certified by one of the following: City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 59 PART 6. T ECHNICAL SPECIFICATIONS END OF DIVISION 2 City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 60 PART 6. T ECHNICAL SPECIFICATIONS DIVISION 3 EARTHWORK 3-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP 3-01.1 Description (*****) Supplement this section with the following: 3-01.2 Disposal of Usable Material and Debris (*****) The second paragraph of Section 3-01.2 is deleted and replaced with the following: The Contractor shall dispose of all debris by disposal Method No. 2. 3-01.3 Construction Requirements 3-01.3(1) Clearing (*****) Supplement this section with the following: 3-01.3(4) Roadside Cleanup (*****) Supplement this section with the following: 3-01.4 Measurement (*****) Delete this section and replace with the following: City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 61 PART 6. T ECHNICAL SPECIFICATIONS REMOVAL OF STRUCTURES AND OBSTRUCTIONS 3-02.1 Description (*****) Supplement this section with the following: Construction Requirements (*****) Supplement this section with the following: Removal of Pavement, Sidewalks, Curbs, and Gutters (*****) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 62 PART 6. T ECHNICAL SPECIFICATIONS (*****) Add the following new Section s: 3-02.3(4) Pothole Existing Utility Locations of possible conflicts at utility crossings can be seen on the Plans. Based on the actual location of utility markings, it may be necessary to uncover existing utilities and determine the exact locations. After completing field marking of the existing utilities, the Contractor shall determine if an existing utility may be in conflict with the planned improvements. Should a conflict seem likely, the Contractor shall notify the City. If the City concurs that a conflict is likely, the Contractor will be directed to expose the location of the subject utility (pothole) and record the size of pipe and horizontal (by Station and rd Drawings. The Contactor shall provide the Engineer with a copy of the plan sheet with the pothole information. Upon receipt of this information, the Engineer will determine if a conflict exists. The City will notify the Contractor within seven full work ing days as to what design modifications, if any, are required to resolve the conflict. 3-02.3(5) Adjust Existing Utility to Grade This section applies to the following utilities. All other adjustment are included in their respective Section per the Proposal Gas Valve Box Utility Vault Junction Box As shown in the Plans, existing utilities such shall be adjusted to finished grade. The Contractor shall, prior to the beginning of any work, familiarize themself with the existing utility locations. Final adjustment shall be smooth and flush with finish ed grade. The Contractor shall mark the location of all utilities prior to paving the new surface. Unless otherwise provided for in the Special Provisions and Proposal, costs for adjusting utilities to grade, including coordinating the work with other ut ilities, shall be incidental to the various items of work and no additional compensation will be allowed. Contractor shall be responsible for coordinating with private utility companies regarding adjusting existing utilities to grade. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 63 PART 6. T ECHNICAL SPECIFICATIONS Vacant -titled to Measurement and supplemented with the following: 3-02.4 Measurement (*****) Preparation Plans and these Special Provisions, to which o ther Bid items do not apply. Included in the lump sum shall be all labor, equipment and materials required for demolition, haul, disposal, and filling of voids as specified herein. No separate measurement for payment will be made for saw cutting. Saw cutting shall be included with other associated bid items in the Proposal. No measurement for payment shall be made for filling voids left after demolition. No spec Removal of Asbestos Water Main Payment (*****) All items noted for removal/abandonment or salvage on the Site Preparation Plans to which other Bid hown on the Plans and those specified herein. Demolition, backfill, haul, and disposal of all structures and materials and dismantling/restoration of surface features to which this Bid item applies shall also be considered incidental. full compensation for all labor, materials, equipment, and tools necessary for adjusting existing utilities to grade in compliance with the City of Yelm Developmental Guidelines and the WSDOT Standard Specifications. for all labor, materials, equipment, and tools necessary for potholing in compliance with the City of Yelm Developmental Guidelines and the WSDOT Standar d Specifications. Removal of Asbestos Water Main, per lump sum The lump-sum bid item shall include all materials, labor, and equipment necessary for the complete removal and disposal of all existing asbestos water mains designated on the contract plans. Work under this item shall include, but is not limited to, submitting City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 64 PART 6. T ECHNICAL SPECIFICATIONS the initial application and permit to the Olympic Region Clean Air Agency (ORCAA), paying all permit and disposal fees, properly disposing of the material, supervising, use of appropriate personal protection equipment, and filing the post-work Amendment and Completion Notification. Excavation is included in other bid items of the work. ROADWAY EXCAVATION AND EMBANKMENT 3-03.3 Construction Requirements (*****) Supplement this section with the following: Unauthorized over-excavated areas shall be filled with Permeable Ballast to be furnished, placed, and compacted at the Contractor's expense. 3-03.3(3) Excavation Below Subgrade (*****) Supplement this section with the following: 3-03.3(7) Disposal of Surplus Material (*****) Supplement this section with the following: 3-03.3(12) Overbreak (*****) Section 3-03.3(12) is supplemented with the following: City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 65 PART 6. T ECHNICAL SPECIFICATIONS 3-03.4 Measurement Supplement this section with the following: 3-03.5 Payment Replace the second paragraph with the following: for all costs incurred for clearing, grubbing loading, placing, or otherwise disposing of the material. HAUL 3-04.4 Measurement (*****) Section 3-04.4 is deleted and replaced with the following: No measurement will be made for haul. Payment (*****) All costs associated with hauling materials of any description to, from, and within the project site shall be included in the appropriate unit bid prices in the Proposal and no further compensation will be paid. 3-05 SUBGRADE PREPARATION 3-05.3 Construction Requirements 3-05.3(1) Subgrade for Surfacing (*****) Supplement this Section with the following: Preparation and compaction of the subgrade shall be considered as essential to the construction and all costs thereof shall be incidental to the Work. Preparation, compaction, maintenance, and all other work related to subgrade establishment shall not be measured for payment. The subgrade shall be shaped and maintained to drain at all times during construction, including temporary ditches and modifications to drainage structures necessary to eliminate standing water on the subgrade. 3-05.3(2) Subgrade for Pavement (*****) Section 3-05.3(2) is supplemented with the following: Construct final subgrade only when the weather conditions will not detrimentally affect the quality of the finished work. Any portion of the work damaged by the effects of rain, wind, or other inclement weather conditions shall, at no additional cost to t he Contracting Agency, be: 1.Aerated if excessively wet, 2.Moistened if excessively dry, 3.Reshaped and re-compacted to conform to the requirements of the plans and special provisions. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 66 PART 6. T ECHNICAL SPECIFICATIONS 3-05.3(3) Subgrade for Permeable Pavements 3-05.5 Measurement and Payment (*****) Section 3-05.5 is deleted and replaced with the following: No separate measurement or payment will be made for subgrade preparation. This work is considered incidental to the construction and its costs shall be included in other items of work. 3-06 WATERING 3-06.3 Construction Requirements (*****) Section 3-06.3 is supplemented with the following: City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 67 PART 6. T ECHNICAL SPECIFICATIONS Payment: City Hall 106 2nd St SE, Yelm, WA 98597 Watering to be coordinated with the City of Yelm. 3-07 STRUCTURE EXCAVATION 3-07.3 Construction Requirements (*****) Supplement this section with the following: Structure Excavation for Joint Utility Trench Class B Incl. Haul shall follow all the construction requirements of Structure Excavation Class B Incl. Haul as specified in section 3-07.3 of the Standard Specifications, but it will be used to measure the exc avation for the joint utility trench only. 3-07.3(1) General Requirements 3-07.3(1)C Removal of Unstable Base Material (*****) Delete this section and replace it with the following: When the material at the bottom of an excavation is determined by the Engineer to be not stable enough to support the Structure, the Contractor shall excavate below grade and replace the unstable material with Gravel Backfill for Foundation. Gravel Backfill for Foundation shall be placed in layers not more than 6 inches thick, compacted depth. Each layer shall be compacted to 95 percent of the maximum density determined by the Compaction Control Test, Section 3-03.3(14)D. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 68 PART 6. T ECHNICAL SPECIFICATIONS 3-07.3(1)E Backfilling (*****) Supplement this section with the following: 3-07.3(3) S horing and Cofferdams Section 3-07.3(3)D is supplemented with the following: (March 13, 1995 WSDOT GSP) The Contractor shall protect the existing pavement from damage due to the Contractor's operations and shall shore all excavation adjacent to the existing pavement. 3-07.5 Payment (*****) Section 3-03.5 is supplemented with the following: 3-08 TRIMMING AND CLEANUP 3-08.1 Description (*****) Section 3-08.1 is supplemented with the following: Paved street surfaces shall be thoroughly cleaned (street sweeper) upon completion of work within the area, and shall require daily cleaning if dust or mud exists. Prior to job acceptance, all new pavement and surrounding existing pavement impacted by the project shall be cleaned. 3-08.3 Construction Requirements (*****) Add the following new sections: 3-08.3(1) Routine Cleaning General 1.Retain all stored materials and equipment in an orderly fashion allowing maximum access, not impeding drainage or traffic, and providing protection. 2.Do not allow the accumulation of scrap, debris, waste material, and other items not required for this work. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 69 PART 6. T ECHNICAL SPECIFICATIONS 3.At the end of each week, and more often if necessary or as directed by the Construction Inspector, the Contractor shall completely remove all scrap, debris, and waste material from the project site. 4.Provide adequate storage for all materials awaiting removal from the project site, observing all requirements for fire protection and protection of the environment. Site 1.Daily and more often if necessary or as directed, inspect the site and pick up all scrap, debris, and waste material. Remove all such items to the place designated for their storage until it can be disposed of. 2.Maintain the site in a neat and orderly condition at all times so as to meet the approval of the Owner. 3-08.3(2) Final Cleaning Prior to final inspection, remove from the job site, all tools, surplus materials, equipment, scrap, debris, and waste. 3-08.4 Measurement (*****) Section 3-08.4 is deleted and replaced with the following: No measurement will be made for trimming and cleanup and shall be incidental to the work. 3-08.5 Payment (*****) Section 3-08.5 is supplemented with the following: No separate payment will be made for trimming and cleanup. All costs for trimming and cleanup shall be incidental to the Work. END OF D I VISION 3 City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 70 PART 6. T ECHNICAL SPECIFICATIONS DIVISION 4 AGGREGATE AND BASES 4-01 PRODUCTION FROM QUARRY AND PIT SITES 4-01.4 Contractor Furnished Material Sources (*****) Supplement this section with the following: No source has been provided for any materials necessary for the construction of this improvement. The Contractor shall make arrangements to obtain the necessary materials at no expense to the City, and all costs of acquiring, producing, and placing this m aterial in the finished work shall be included in the unit contract prices for the various Items involved. BALLAST AND CRUSHED SURFACING 4-0 5.3(5) Shaping and Compacti on (July 15, 2026 APWA GSP) Supplement this section with the following: When permeable ballast for pervious paving is being placed, immediately following spreading and final shaping, each layer of surfacing shall be lightly compacted in one lift until no visible movement of aggregate is observed resulting in a firm and unyielding condition, as determined by the Engineer. 5.4 Measurement (*****) will be measured by the cubic yard for the actual neat line volume in place, with depths as detailed in roadway typical sections. Truck tickets shall be submitted at the end of each working day. No separate measurement for payment will be made for water used in placing and compacting surfacing materials. Should the Contractor not prepare the subgrade to the correct line and grades and crushed surfacing materials are placed in excess of the depths required by the plans, the excess depth will not be measured for payment. The Contract Bid prices shall be full compensation for all labor, material, tools, and equipment necessary to satisfactorily complete the Work as defined in the Standard Specifications and these Special Provisions. Work elements shall include, but not be limited to, purchasing; procuring; hauling; placing; grading; and compacting. END OF DIVISION 4 City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 71 PART 6. T ECHNICAL SPECIFICATIONS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 72 PART 6. T ECHNICAL SPECIFICATIONS DIVISION 5 SURFACE TREATMENTS AND PAVEMENTS 5-04 HOT MIX ASPHALT (December 12, 2025 APWA GSP) Delete Section 5-04 and replace it with the following: 5-04.1 Description This Work shall consist of providing and placing one or more layers of plant-mixed hot mix asphalt (HMA) on a prepared foundation or base in accordance with these Specifications and the lines, grades, thicknesses, and typical cross-ans. The manufacture of HMA may include warm mix asphalt (WMA) processes in accordance with these Specifications. WMA processes include organic additives, chemical additives, and foaming. 5-04.2 Materials Materials shall meet the requirements of the following sections: Asphalt Binder 9-02.1(4) Cationic Emulsified Asphalt 9-02.1(6) Anti-Stripping Additive 9-02.4 HMA Additive 9-02.5 Aggregates 9-03.8 Recycled Asphalt Pavement (RAP) 9-03.8(3)B, 9-03.21 Reclaimed Asphalt Shingles (RAS) 9-03.8(3)B, 9-03.21 Mineral Filler 9-03.8(5) Recycled Material 9-03.21 The Contract documents may establish that the various mineral materials required for the manufacture of HMA will be furnished in whole or in part by the Contracting Agency. If the documents do not establish the furnishing of any of these mineral materials by the Contracting Agency, the Contractor shall be required to furnish such materials in the amounts required for the designated mix. Mineral materials include coarse and fine aggregates, and mineral filler. The Contractor may choose to utilize recycled asphalt pavement (RAP) in the production of HMA. The RAP may be from pavements removed under the Contract, if any, or pavement material from an existing stockpile. The Contractor may use up to 20 percent RAP by total weight of HMA with no additional sampling or testing of the RAP. If the Contractor wishes to utilize High RAP/Any RAS, the design must be listed on the WSDOT Qualified Products List (QPL). The grade of asphalt binder shall be as required by the Contract. Blending of asphalt binder from different sources is not permitted. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 73 PART 6. T ECHNICAL SPECIFICATIONS The Contractor may only use warm mix asphalt (WMA) processes in the production of HMA with 20 percent or less RAP by total weight of HMA. The Contractor shall submit to the Engineer for approval the process that is proposed and how it will be used in the m anufacture of HMA. Production of aggregates shall comply with the requirements of Section 3-01. Preparation of stockpile site, the stockpiling of aggregates, and the removal of aggregates from stockpiles shall comply with the requirements of Section 3-02. 5-04.2(1) How to Get an HMA Mix Design on the QPL If the Contractor wishes to submit a mix design for inclusion in the Qualified Products List (QPL), please follow the WSDOT process outlined in Standard Specification 5-04.2(1). 5-04.2(1)A Vacant 5-04.2(2) Mix Design - Obtaining Project Approval No paving shall begin prior to the approval of the mix design by the Engineer. Nonstatistical evaluation will be used for all HMA not designated as Commercial HMA in the Contract documents. Commercial evaluation will be used for Commercial HMA and for other classes of HMA in the following applications: sidewalks, road approaches, ditches, slopes, paths, trails, gores, prelevel, temporary pavement, and pavement repair. Other nonstructural applications o f HMA accepted by commercial evaluation shall be as approved by the Project Engineer. Sampling and testing of HMA accepted by commercial evaluation will be at the option of the Project Engineer. The Proposal quantity of HMA that is accepted by commercial e valuation will be excluded from the quantities used in the determination of nonstatistical evaluation. Nonstatistical Mix Design. Fifteen days prior to the first day of paving the Contractor shall provide one of the following mix design verification certifications for Contracting Agency review; The WSDOT Mix Design Evaluation Report from the current WSDOT QPL, or one of the mix design verification certifications listed below. The proposed HMA mix design on WSDOT Form 350-042 with the seal and certification (stamp & signature) of a valid licensed Washington State Professional Engineer. * (see below) The Mix Design Report for the proposed HMA mix design developed by a qualified City or County laboratory that is within one year of the approval date. * (see below) The mix design shall be performed by a lab accredited by a national authority such as Laboratory Accreditation Bureau, L-A-B for Construction Materials Testing, The Construction Materials am (AAP) and shall supply evidence of participation in the AASHTO: resource proficiency sample program. Mix designs for HMA accepted by Nonstatistical evaluation shall: Be designed for 4 million equivalent single axle loads (ESALs). City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 74 PART 6. T ECHNICAL SPECIFICATIONS Have the aggregate structure and asphalt binder content determined in accordance with WSDOT Standard Operating Procedure 732 and meet the requirements of Sections 9-03.8(2), except that Hamburg testing for ruts and stripping are at the discretion of the En gineer, and 9-03.8(6). Have anti-strip requirements, if required, for the proposed mix design determined in accordance with AASHTO T 283 or T 324 or based on historic anti-strip and aggregate source compatibility from previous WSDOT lab testing. * At the discretion of the Engineer, agencies may accept verified mix designs older than 12 months from the original verification date with a certification from the Contractor that the materials and sources are the same as those shown on the original mix de sign. Commercial Evaluation Mix Design. -042 (for commercial mixes, AASHTO T 324 evaluation is not required) or a Mix Design from the current WSDOT QPL or from one of th e processes allowed by this section. Testing of the HMA by the Contracting Agency for mix design approval is not required. For the Bid Item Commercial HMA, the Contractor shall select a class of HMA and design level of ESALs appropriate for the required use. 5-04.2(2)B Using Warm Mix Asphalt Processes The Contractor may elect to use additives that reduce the optimum mixing temperature or serve as a compaction aid for producing HMA. Additives include organic additives, chemical additives and foaming processes. The use of Additives is subject to the follo wing: Do not use additives that reduce the mixing temperature more than allowed in Section 5-04.3(6) in the production of mixtures. -076 to describe the proposed additive and process. (*****) Add the following new Section Pavement Reinforcement Pavement Reinforcement shall be an engineered high strength multi-axial fiberglass pavement grid interlayer constructed of multidirectional, continuous strand, high strength fiberglass fibers with self- adhesive glue that when properly saturated with hot as phalt binder provides multi-directional tensile reinforcement conforming to physical properties provided in these specifications. The grid shall have open aperture. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 75 PART 6. T ECHNICAL SPECIFICATIONS The following minimum material properties are required: TESTED PROPERTY TEST METHOD UNIT ENGLISH VALUE ENGLISH (METRIC) (METRIC) Tensile Strength (Ultimate) ASTM D 6637 lbs/in (kN/m) 571 (100.0) Tensile Strength @ 2% Strain ASTM D 6637 lbs/in (kN/m) 456 (80.0) Youngs Modulus E ASTM D 6637 psi (Mpa) 10.6 x 10 6 (73,000) Melting Point Coating ASTM D 276 °F (°C) >450 (>232) Melting Point Glass ASTM C 338 °F (°C) >1,500 (>800) Grid Size (each direction) Nominal Inch (mm) 0.5 (12.7) x 0.5 (12.7) recommendations, storage and handling requirements and recommendations, installation methods and meets or exceeds the specified requirements. Provide a separate certificate for each lot of material furnished. 5-04.3 Construction Requirements 5-04.3(1) Weather Limitations Do not place HMA for wearing course on any Traveled Way beginning October 1st through March 31st of the following year without written concurrence from the Engineer. Do not place HMA on any wet surface, or when the average surface temperatures are less than those specified below, or when weather conditions otherwise prevent the proper handling or finishing of the HMA. Minimum Surface Temperature for Paving Compacted Thickness (Feet) Wearing Course Other Courses Less than 0.10 55°F 45°F 0.10 to .20 45°F 35°F More than 0.20 35°F 35°F 5-04.3(2) Paving Under Traffic The Contractor shall keep intersections open to traffic at all times except when paving the intersection or paving across the intersection. During such time, and provided that there has been an advance warning to the public, the intersection may be closed for the minimum time required to place and compact the mixture. In hot weather, the Engineer may require the application of water to the pavement to accelerate the finish rolling of the pavement and to shorten the time required before reopening to traffic. Before closing an intersection, advance warning signs shall be placed, and signs shall also be placed marking the detour or alternate route. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 76 PART 6. T ECHNICAL SPECIFICATIONS During paving operations, temporary pavement markings shall be maintained throughout the project. Temporary pavement markings shall be installed on the Roadway prior to opening to traffic. Temporary pavement markings shall be in accordance with Section 8-2 3. All costs in connection with performing the Work in accordance with these requirements, except the cost of temporary pavement markings, shall be included in the unit Contract prices for the various Bid items involved in the Contract. 5-04.3(3) Equipment 5-04.3(3)A Mixing Plant Plants used for the preparation of HMA shall conform to the following requirements: 1.Equipment for Preparation of Asphalt Binder Tanks for the storage of asphalt binder shall be equipped to heat and hold the material at the required temperatures. The heating shall be accomplished by steam coils, electricity, or other approved means so that no flame shall be in contact with the st orage tank. The circulating system for the asphalt binder shall be designed to ensure proper and continuous circulation during the operating period. A valve for the purpose of sampling the asphalt binder shall be placed in either the storage tank or in the supply line to the mixer. 2.Thermometric Equipment An armored thermometer, capable of detecting temperature ranges expected in the HMA mix, shall be fixed in the asphalt binder feed line at a location near the charging valve at the mixer unit. The thermometer location shall be convenient and safe for ac cess by Inspectors. The plant shall also be equipped with an approved dial-scale thermometer, a mercury actuated thermometer, an electric pyrometer, or another approved thermometric instrument placed at the discharge chute of the drier to automatically reg ister or indicate the 3.Heating of Asphalt Binder The temperature of the asphalt binder shall not exceed the maximum recommended by the asphalt binder manufacturer nor shall it be below the minimum temperature required to maintain the asphalt binder in a homogeneous state. The asphalt binder shall be h eated in a manner that will avoid local variations in heating. The heating method shall provide a continuous supply of asphalt binder to the mixer at a uniform average temperature with no individual variations exceeding 25°F. Also, when a WMA additive is i ncluded in the asphalt binder, the temperature of the asphalt binder shall not exceed the maximum recommended by the manufacturer of the WMA additive. 4.Sampling and Testing of Mineral Materials The HMA plant shall be equipped with a mechanical sampler for the sampling of the mineral materials. The mechanical sampler shall meet the requirements of Section 1-05.6 for the crushing and screening operation. The Contractor shall provide for the setu p and operation of the field-testing facilities of the Contracting Agency as provided for in Section 3-01.2(2). 5.Sampling HMA The HMA plant shall provide for sampling HMA by one of the following methods: a.A mechanical sampling device attached to the HMA plant. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 77 PART 6. T ECHNICAL SPECIFICATIONS b.Platforms or devices to enable sampling from the hauling vehicle without entering the hauling vehicle. 5-04.3(3)B Hauling Equipment Trucks used for hauling HMA shall have tight, clean, smooth metal beds and shall have a cover of canvas or other suitable material of sufficient size to protect the mixture from adverse weather. Whenever the weather conditions during the work shift include, or are forecast to include precipitation or an air temperature less than 45°F or when time from loading to unloading exceeds 30 minutes, the cover shall be securely attached to protect the HMA. The Contractor shall provide an environmentally benign means to prevent the HMA mixture from adhering to the hauling equipment. Excess release agent shall be drained prior to filling hauling equipment with HMA. Petroleum derivatives or other coating materi al that contaminate or alter the characteristics of the HMA shall not be used. For live bed trucks, the conveyer shall be in operation during the process of applying the release agent. 5-04.3(3)C Pavers HMA pavers shall be self-contained, power- vibratory screed and shall be capable of spreading and finishing courses of HMA plant mix material in s. The HMA paver shall be in good condition and shall have the most current equipment available from the manufacturer for the prevention of segregation of the HMA mixture installed, in good condition, and in working order. The equipment certification shall li st the make, model, and year of the paver and any equipment that has been retrofitted. effectively produce a finished surface of the required evenness and texture without tearing, shoving, provided upon request by the Contracting Agency. Extensions will be allowed provided they produce the same results, including ride, density, and surface texture as obtained by the primary screed. Extensions without augers and an internally heated vibratory screed shall not be used in the When specified in the Contract, reference lines for vertical control will be required. Lines shall be placed on both outer edges of the Traveled Way of each Roadway. Horizontal control utilizing the reference line will be permitted. The grade and slope for intermediate lanes shall be controlled automatically from reference lines or by means of a mat referencing device and a slope control device. When the finish of the grade prepared for paving is superior to the established tolerances and when, in the opini on of the Engineer, further improvement to the line, grade, cross-section, and smoothness can best be achieved without the use of the reference line, a mat referencing device may be substituted for the reference line. Substitution of the device will be sub ject to the continued approval of the Engineer. A joint matcher may be used subject to the approval of the Engineer. The reference line may be removed after the completion of the first course of HMA when approved by the Engineer. Whenever the Engineer dete rmines that any of these methods are failing to provide the necessary vertical control, the reference lines will be reinstalled by the Contractor. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 78 PART 6. T ECHNICAL SPECIFICATIONS The Contractor shall furnish and install all pins, brackets, tensioning devices, wire, and accessories necessary for satisfactory operation of the automatic control equipment. If the paving machine in use is not providing the required finish, the Engineer may suspend Work as allowed by Section 1-08.6. Any cleaning or solvent type liquids spilled on the pavement shall be thoroughly removed before paving proceeds. 5-04.3(3)D Material Transfer Device or Material Transfer Vehicle otherwise required by the Contract. Where an MTD/V is required by the Contract, the Engineer may approve paving without an MTD/V, at the request of the Contractor. The Engineer will determine if an equitable adjustment in cost or time is due. When used, the MTD/V shall mix the HMA after delivery by the hauling equipment and prior to placement by the paving machine. Mixing of the HMA shall be sufficient to obtain a uniform temperature throughout the mixture. If a windrow elevator is used, the le ngth of the windrow may be limited in urban areas or through intersections, at the discretion of the Engineer. To be approved for use, an MTV: 1.Shall be self-propelled vehicle, separate from the hauling vehicle or paver. 2.Shall not be connected to the hauling vehicle or paver. 3.May accept HMA directly from the haul vehicle or pick up HMA from a windrow. 4.Shall mix the HMA after delivery by the hauling equipment and prior to placement into the paving machine. 5.Shall mix the HMA sufficiently to obtain a uniform temperature throughout the mixture. To be approved for use, an MTD: 1.Shall be positively connected to the paver. 2.May accept HMA directly from the haul vehicle or pick up HMA from a windrow. 3.Shall mix the HMA after delivery by the hauling equipment and prior to placement into the paving machine. 4.Shall mix the HMA sufficiently to obtain a uniform temperature throughout the mixture. 5-04.3(3)E Rollers Rollers shall be of the steel wheel, vibratory, oscillatory, or pneumatic tire type, in good condition and capable of reversing without backlash. Operation of the roller shall be in accordance with the gineer for any roller planned for use on City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 79 PART 6. T ECHNICAL SPECIFICATIONS that roller for compaction of HMA. The number and weight of rollers shall be sufficient to compact the mixture in compliance with the requirements of Secti on 5-04.3(10). The use of equipment that results in crushing of the aggregate will not be permitted. Rollers producing pickup, washboard, uneven compaction of the surface, displacement of the mixture or other undesirable results shall not be used. 5-04.3(4) Preparation of Existing Paved Surfaces When the surface of the existing pavement or old base is irregular, the Contractor shall bring it to a uniform grade and cross-section as shown on the Plans or approved by the Engineer. Preleveling of uneven or broken surfaces over which HMA is to be placed may be accomplished by using an asphalt paver, a motor patrol grader, or by hand raking, as approved by the Engineer. Compaction of preleveling HMA shall be to the satisfaction of the Engineer and may require the use of small steel wheel rollers, plate compactors, or pneumatic rollers to avoid bridging across preleveled areas by the compaction equipment. Equipment used fo r the compaction of preleveling HMA shall be approved by the Engineer. Before construction of HMA on an existing paved surface, the entire surface of the pavement shall be clean. All fatty asphalt patches, grease drippings, and other objectionable matter shall be entirely removed from the existing pavement. All pavements or b ituminous surfaces shall be thoroughly cleaned of dust, soil, pavement grindings, and other foreign matter. All holes and small depressions shall be filled with an appropriate class of HMA. The surface of the patched area shall be leveled and compacted tho roughly. Prior to the application of tack coat, or paving, the condition of the surface shall be approved by the Engineer. A tack coat of asphalt shall be applied to all paved surfaces on which any course of HMA is to be placed or abutted; except that tack coat may be omitted from clean, newly paved surfaces at the discretion of the Engineer. Tack coat shall be uniformly appli ed to cover the existing pavement with a thin film of residual asphalt free of streaks and bare spots at a rate between 0.02 and 0.10 gallons per square yard of retained asphalt. The rate of application shall be approved by the Engineer. A heavy applicatio n of tack coat shall be applied to all joints. For Roadways open to traffic, the application of tack coat shall be limited to surfaces that will be paved during the same working shift. The spreading equipment shall be equipped with a thermometer to indicat e the temperature of the tack coat material. Equipment shall not operate on tacked surfaces until the tack has broken and cured. If the The tack coat shall be CSS-1, or CSS-1h emulsified asphalt. The CSS-1 and CSS-1h emulsified asphalt may be diluted once with water at a rate not to exceed one-part water to one-part emulsified asphalt. The tack coat shall have sufficient temperature such that it may be applied uniformly at the specified rate of application and shall not exceed the maximum temperature recommended by the emulsified -tracking tac k formulas may be used upon approval of the Engineer. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 80 PART 6. T ECHNICAL SPECIFICATIONS 5-04.3(4)A Crack Sealing When the Proposal includes a pay item for crack sealing, seal cracks in accordance with Section 5-03. 5-04.3(4)B Vacant 5-04.3(4)C Pavement Repair The Contractor shall excavate pavement repair areas and shall backfill these with HMA in accordance with the details shown in the Plans and as marked in the field. The Contractor shall conduct the excavation operations in a manner that will protect the pav ement that is to remain. Pavement not by the Contractor to the satisfaction of the Engineer at no cost to the Contracting Agency. The Contractor shall exc avate only within one lane at a time unless approved otherwise by the Engineer. The Contractor shall not excavate more area than can be completely finished during the same shift, unless approved by the Engineer. Unless otherwise shown in the Plans or determined by the Engineer, excavate to a depth of 1.0 feet. The Engineer will make the final determination of the excavation depth required. The minimum width of any pavement repair area shall be 40 inches unless sho wn otherwise in the Plans. Before any excavation, the existing pavement shall be sawcut or shall be removed by a pavement grinder. Excavated materials will become the property of the Contractor and shall be disposed of in a Contractor-provided site off the Right of Way or used in accordance with Sections 2-02.3(3) or 9-03.21. Asphalt for tack coat shall be required as specified in Section 5-04.3(4). A heavy application of tack coat shall be applied to all surfaces of existing pavement in the pavement repair area. Placement of the HMA backfill shall be accomplished in lifts not to exceed 0.35-foot compacted depth. Lifts that exceed 0.35-foot of compacted depth may be accomplished with the approval of the Engineer. Each lift shall be thoroughly compacted by a mechani cal tamper or a roller. 5-04.3(5) Producing/Stockpiling Aggregates and RAP Aggregates and RAP shall be stockpiled according to the requirements of Section 3-02. Sufficient storage space shall be provided for each size of aggregate and RAP. Materials shall be removed from stockpile(s) in a manner to ensure minimal segregation when being moved to the HMA plant for processing into the final mixture. Different aggregate sizes shall be kept separated until they have been delivered to the HMA plant. 5-04.3(5)A Vacant 5-04.3(6) Mixing After the required amount of mineral materials, asphalt binder, recycling agent and anti-stripping additives have been introduced into the mixer the HMA shall be mixed until complete and uniform coating of the particles and thorough distribution of the asp halt binder throughout the mineral materials is ensured. When discharged, the temperature of the HMA shall not exceed the optimum mixing temperature by more than 25°F as shown on the reference mix design report or as approved by the Engineer. Also, when a WMA additive is included in the manufacture of HMA, the d ischarge temperature of the HMA shall not exceed the maximum recommended by the manufacturer of the WMA additive. A maximum City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 81 PART 6. T ECHNICAL SPECIFICATIONS water content of 2 percent in the mix, at discharge, will be allowed providing the water causes no problems with handling, stripping, or flushing. If the water in the HMA causes any of these problems, the moisture content shall be reduced as directed by th e Engineer. Storing or holding of the HMA in approved storage facilities will be permitted with approval of the Engineer, but in no event shall the HMA be held for more than 24 hours. HMA held for more than 24 hours after mixing shall be rejected. Rejected HMA shall b e disposed of by the Contractor at no expense to the Contracting Agency. The storage facility shall have an accessible device located at the top of the cone or about the third point. The device shall indicate the amount of material in storage. No HMA shall be accepted from the storage facility when the HMA in storage is below the top of the cone of the storage facility, except as the storage facility is being emptied at the end of the Recycled asphalt pavement (RAP) utilized in the production of HMA shall be sized prior to entering the mixer so that a uniform and thoroughly mixed HMA is produced. If there is evidence of the recycled asphalt pavement not breaking down during the heating and mixing of the HMA, the Contractor shall immediately suspend the use of the RAP until changes have been approved by the Engineer. After the required amount of mineral materials, RAP, new asphalt binder and asphalt rejuvenator have been introduced into t he mixer the HMA shall be mixed until complete and uniform coating of the particles and thorough distribution of the asphalt binder throughout the mineral materials, and RAP is ensured. 5-04.3(7) Spreading and Finishing (*****) Section 5-04.3(7) contents are deleted and replaced with the following: The mixture shall be placed upon an approved surface, spread, and struck off to the grade and elevation established. HMA pavers complying with Section 5-04.3(3) shall be used to distribute the mixture. Unless otherwise directed by the Engineer, the nominal compacted depth of any layer of any course shall not exceed the following: 0.35 feet wearing course 0.30 feet other courses 0.35 feet 0.17 feet On areas where irregularities or unavoidable obstacles make the use of mechanical spreading and finishing equipment impractical, the paving may be done with other equipment or by hand. When more than one JMF is being utilized to produce HMA, the material produced for each JMF shall be placed by separate spreading and compacting equipment. The intermingling of HMA produced from more than one JMF is prohibited. Each strip of HMA placed dur ing a work shift shall conform to a single JMF established for the class of HMA specified unless there is a need to make an adjustment in the JMF. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 82 PART 6. T ECHNICAL SPECIFICATIONS 5-04.3(8) Aggregate Acceptance Prior to Incorporation in HMA For HMA accepted by nonstatistical evaluation, the aggregate properties of sand equivalent, uncompacted void content, and fracture will be evaluated in accordance with Section 3-04. Sampling and testing of aggregates for HMA accepted by commercial evaluat ion will be at the option of the Engineer. 5-04.3(9) HMA Mixture Acceptance Acceptance of HMA shall be as provided under nonstatistical, or commercial evaluation. Nonstatistical evaluation will be used for the acceptance of HMA unless Commercial Evaluation is specified. Commercial evaluation will be used for Commercial HMA and for other classes of HMA in the following applications: sidewalks, road approaches, ditches, slopes, paths, trails, gores, prelevel, temporary pavement, and pavement repair. Other nonstructural appl ications of HMA accepted by commercial evaluation shall be as approved by the Engineer. Sampling and testing of HMA accepted by commercial evaluation will be at the option of the Engineer. The mix design will be the initial JMF for the class of HMA. The Contractor may request a change in the JMF. Any adjustments to the JMF will require the approval of the Engineer and may be made in accordance with this section. HMA Tolerances and Adjustments 1.Job Mix Formula Tolerances The constituents of the mixture at the time of acceptance shall be within tolerance. The tolerance limits will be established as follows: For Asphalt Binder and Air Voids (Va), the acceptance limits are determined by adding the tolerances below to the approved JMF values. These values will also be the Upper Specification Limit (USL) and Lower Specification Limit (LSL) required in Section 1-0 6.2(2)D2 Property Non-Statistical Evaluation Commercial Evaluation Asphalt Binder +/- 0.5% +/- 0.7% Air Voids, Va 2.5% min. and 5.5% max N/A For Aggregates in the mixture: a.First, determine preliminary upper and lower acceptance limits by applying the following tolerances to the approved JMF. Aggregate Non-Statistical Commercial Percent Evaluation Evaluation Passing +/- 6% +/- 8% No. 4 sieve +/-6% +/- 8% No. 8 Sieve +/- 6% +/-8% No. 200 sieve +/- 2.0% +/- 3.0% City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 83 PART 6. T ECHNICAL SPECIFICATIONS b.Second, adjust the preliminary upper and lower acceptance limits determined from step (a) the minimum amount necessary so that none of the aggregate properties are outside the control points in Section 9-03.8(6), except as specified below in (c). The resul ting values will be the upper and lower acceptance limits for aggregates, as well as the USL and LSL required in Section 1-06.2(2)D2. c.These tolerances and specification limits constitute the allowable limits as described in Section 1-06.2. The tolerance limit for aggregate shall not exceed the limits of the control points, except the No. 8 tolerance is +/- 6% from the JMF, the No. 200 t olerance is +/- 2.0% from the JMF with a minimum of 2% and a maximum of 8.0% passing the No. 200 sieve. Other tolerance limits for sieves designated as 100 percent passing will be 99-100 2.Job Mix Formula Adjustments An adjustment to the aggregate gradation or asphalt binder content of the JMF requires approval of the Engineer. Adjustments to the JMF will only be considered if the change produces material of equal or better quality and may require the development of a new mix design if the adjustment exceeds the amounts listed below. a.Aggregates sieves, 1 percent for aggregate passing the No. 8 sieve, and 0.5 percent for the aggregate passing the No. 200 sieve. The adjusted JMF shall be within the range of the control poi nts in Section 9-03.8(6). b.Asphalt Binder Con tent The Engineer may order or approve changes to asphalt binder content. The maximum adjustment from the approved mix design for the asphalt binder content shall be 0.3 percent. 5-04.3(9)A Vacant 5-04.3(9)B Vacant 5-04.3(9)C Mixture Acceptance Nonstatistical Evaluation HMA mixture which is accepted by Nonstatistical Evaluation will be evaluated by the Contracting Agency by dividing the HMA tonnage into lots. 5-04.3(9)C1 Mixture Nonstatistical Evaluation Lots and Sublots A lot is represented by randomly selected samples of the same mix design that will be tested for acceptance. A lot is defined as the total quantity of material or work produced for each Job Mix Formula placed. Only one lot per JMF is expected. A sublot sha 800 tons, whichever is less except that the final sublot will be a minimum of 400 tons and may be increased to 1200 tons. All of the test results obtained from the acceptance samples from a given lot shall be evaluated collectively. If the Contractor requests a change to the JMF that is approved, the material produced after the change will be evaluated on the basis of the new JMF for the remaining sublots in the current lot and for acceptance of subsequent lots. For a lot in progress with a CPF less than 0.75, a new lot Speci fications can be produced. Sampling and testing for evaluation shall be performed on the frequency of one sample per sublot. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 84 PART 6. T ECHNICAL SPECIFICATIONS 5-04.3(9)C2 Mixture Nonstatistical Evaluation Sampling Samples for acceptance testing shall be obtained by the Contractor when ordered by the Engineer. The Contractor shall sample the HMA mixture in the presence of the Engineer and in accordance with AASHTO T 168. A minimum of three samples should be taken for each class of HMA placed on a project. If used in a structural application, at least one of the three samples shall be tested. Sampling and testing HMA in a structural application where quantities are less than 400 tons is at the discretion of the Engineer. For HMA used in a structural application and with a total project quantity less than 800 tons but more than 400 tons, a minimum of one acceptance test shall be performed. In all cases, a minimum of 3 samples will be obtained at the point of acceptance, a m inimum of one of the three samples will be tested for conformance to the JMF: If the test results are found to be within specification requirements, additional testing will be at If test results are found not to be within specification requirements, additional testing of the remaining samples to determine a CPF shall be performed. 5-04.3(9)C3 Mixture Nonstatistical Evaluation Acceptance Testing Testing of HMA for compliance of V a will at the option of the Contracting Agency. If tested, compliance of V a will use WSDOT SOP 731. Testing for compliance of asphalt binder content will be by WSDOT FOP for AASHTO T 308. Testing for compliance of gradation will be by FOP for WAQTC T 27/T 11. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 85 PART 6. T ECHNICAL SPECIFICATIONS 5-04.3(9)C4 Mixture Nonstatistical Evaluation Pay Factors For each lot of material falling outside the tolerance limits in 5-04.3(9), the Contracting Agency will determine a CPF using the following price adjustment factors: Table of Price Adjustment Factors Constituent Factor 2 sieves All aggregate passing No. 8 sieve 15 All aggregate passing No. 200 sieve 20 Asphalt binder 40 Air Voids (Va) (where applicable) 20 Each lot of HMA produced under Nonstatistical Evaluation and having all constituents falling within the tolerance limits of the job mix formula shall be accepted at the unit Contract price with no further evaluation. When one or more constituents fall outs ide the nonstatistical tolerance limits in the Job Mix Formula shown in Table of Price Adjustment Factors, the lot shall be evaluated in accordance with Section 1-06.2 to determine the appropriate CPF. The nonstatistical tolerance limits will be used in th e calculation of the CPF and the maximum CPF shall be 1.00. When less than three sublots exist, backup samples of the existing sublots or samples from the Roadway shall be tested to provide a minimum of three sets of results for evaluation. 5-04.3(9)C5 Vacant 5-04.3(9)C6 Mixture Nonstatistical Evaluation Price Adjustments For each lot of HMA mix produced under Nonstatistical Evaluation when the calculated CPF is less than 1.00, a Nonconforming Mix Factor (NCMF) will be determined. The NCMF equals the algebraic difference of CPF minus 1.00 multiplied by 60 percent. The total job mix compliance price adjustment will be calculated as the product of the NCMF, the quantity of HMA in the lot in tons, and the unit Contract price per ton of mix. be considered 1.00 in calculating the CPF. 5-04.3(9)C7 Mixture Nonstatistical Evaluation - Retests The Contractor may request a sublot be retested. To request a retest, the Contractor shall submit a written request within 7 calendar days after the specific test results have been received. A split of the original acceptance sample will be retested. The s plit of the sample will not be tested with the same tester that ran the original acceptance test. The sample will be tested for a complete gradation analysis, asphalt binder content, and, at the option of the agency, V a. The results of the retest will be used for the acceptance of the HMA in place of the original sublot sample test results. The cost of testing will be deducted from any monies due or that may come due the Contractor under the Contract at the rate of $500 per sample. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 86 PART 6. T ECHNICAL SPECIFICATIONS 5-04.3(9)D Mixture Acceptance Commercial Evaluation If sampled and tested, HMA produced under Commercial Evaluation and having all constituents falling within the tolerance limits of the job mix formula shall be accepted at the unit Contract price with no further evaluation. When one or more constituents fa ll outside the commercial tolerance limits in the Job Mix Formula shown in 5-04.3(9), the lot shall be evaluated in accordance with Section 1-06.2 to determine the appropriate CPF. The commercial tolerance limits will be used in the calculation of the CPF and the maximum CPF shall be 1.00. When less than three sublots exist, backup samples of the existing sublots or samples from the street shall be tested to provide a minimum of three sets of results for evaluation. For each lot of HMA mix produced and tested under Commercial Evaluation when the calculated CPF is less than 1.00, a Nonconforming Mix Factor (NCMF) will be determined. The NCMF equals the algebraic difference of CPF minus 1.00 multiplied by 60 percent. Th e Job Mix Compliance Price Adjustment will be calculated as the product of the NCMF, the quantity of HMA in the lot in tons, and the unit Contract price per ton of mix. be considered 1.00 in calculating the CPF. 5-04.3(10) HMA Compaction Acceptance HMA mixture accepted by nonstatistical evaluation that is used in traffic lanes, including lanes for intersections, ramps, truck climbing, weaving, and speed change, and having a specified compacted course thickness greater than 0.10-foot, shall be compact ed to a specified level of relative density. The specified level of relative density shall be a CPF of not less than 0.75 when evaluated in accordance with Section 1-06.2, using a LSL of 92.0 (minimum of 92 percent of the maximum density). The maximum dens ity shall be determined by WSDOT FOP for AASHTO T 729. The specified level of density attained will be determined by the evaluation of the density of the pavement. The density of the pavement shall be determined in accordance with WSDOT FOP for WAQTC TM 8, except that gauge correlation will be at the discretion of the Engineer, when using the nuclear density gauge and WSDOT SOP 736 when using cores to determine density. Tests for the determination of the pavement density will be taken in accordance with the required procedures for measurement by a nuclear density gauge or Roadway cores after completion of the finish rolling. If the Contracting Agency uses a nuclear density gauge to determine density the test procedures FOP for WAQTC TM 8 and WSDOT SOP T 729 will be used on the day the mix is placed and prior to opening to traffic. Roadway cores for density may be obtained by either the Contracting Agency or the Contractor in accordance with WSDOT SOP 734. The core diameter shall be 4-inches minimum, unless otherwise approved by the Engineer. Roadway cores will be tested by the Contr acting Agency in accordance with WSDOT FOP for AASHTO T 166. in the presence of the Engineer on the same day the mix is placed and at locations designated by the City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 87 PART 6. T ECHNICAL SPECIFICATIONS obtain the cores. the Engineer is satisfied that material conforming to the Specifications can be produced. HMA mixture accepted by commercial evaluation and HMA constructed under conditions other than those listed above shall be compacted on the basis of a test point evaluation of the compaction train. The test point evaluation shall be performed in accordance with instructions from the Engineer. The number of passes with an approved compaction train, required to attain the maximum test point density, shall be used on all subsequent paving. HMA for preleveling shall be thoroughly compacted. HMA that is used for preleveling wheel rutting shall be compacted with a pneumatic tire roller unless otherwise approved by the Engineer. (*****) Supplement this section with the following: Compaction verification of Commercial HMA included in Temporary Trench Restoration will not be required. The Contractor shall use reasonable effort to compact the HMA for the intended purpo se of a having the pavement remain in place (not delaminate, not pothole, etc.) during the Initial Shutdown Test Results For a sublot that has been tested with a nuclear density gauge that did not meet the minimum of 92 percent of the reference maximum density in a compaction lot with a CPF below 1.00 and thus subject to a price reduction or rejection, the Contractor may req uest that a core be used for determination of the relative density of the sublot. The relative density of the core will replace the relative density determined by the nuclear density gauge for the sublot and will be used for calculation of the CPF and acce ptance of HMA compaction lot. When cores are taken by the Contracting Agency at the request of the Contractor, they shall be requested by noon of the next workday after the test results for the sublot have been provided or made available to the Contractor. Core locations shall be outsi de of wheel paths and as determined by the Engineer. Traffic control shall be provided by the Contractor as requested by the Engineer. Failure by the Contractor to provide the requested traffic control will result in forfeiture of the request for cores. Wh en the CPF for the lot based on the results of the HMA cores is less than 1.00, the cost for the coring will be deducted from any monies due or that may become due the Contractor under the Contract at the rate of $200 per core and the Contractor shall pay for the cost of the traffic control. 5-04.3(10)A HMA Compaction General Compaction Requirements Compaction shall take place when the mixture is in the proper condition so that no undue displacement, cracking, or shoving occurs. Areas inaccessible to large compaction equipment shall be compacted by other mechanical means. Any HMA that becomes loose, b roken, contaminated, shows an excess or deficiency of asphalt, or is in any way defective, shall be removed and replaced with new hot mix that shall be immediately compacted to conform to the surrounding area. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 88 PART 6. T ECHNICAL SPECIFICATIONS The type of rollers to be used and their relative position in the compaction sequence shall generally approved otherwise, rollers shall only be operated in t he static mode when the internal temperature of the mix is less than 175°F. Regardless of mix temperature, a roller shall not be operated in a mode that results in checking or cracking of the mat. Rollers shall only be operated in static mode on bridge dec ks. 5-04.3(10)B HMA Compaction - Cyclic Density Low cyclic density areas are defined as spots or streaks in the pavement that are less than 90 percent pavement for low cyclic density, and when doing so wi ll follow WSDOT SOP 733. A $1500 Cyclic Density Price Adjustment will be assessed for any 500-foot section with two or more density readings below 90 percent of the theoretical maximum density. 5-04.3(10)C Vacant 5-04.3(10)D HMA Nonstatistical Compaction 5-04.3(10)D1 HMA Nonstatistical Compaction - Lots and Sublots HMA compaction which is accepted by nonstatistical evaluation will be based on acceptance testing performed by the Contracting Agency dividing the project into compaction lots. A lot is represented by randomly selected samples of the same mix design that will be tested for acceptance. A lot is defined as the total quantity of material or work produced for each Job Mix Formula placed. Only one lot per JMF is expected. A sublot sha 400 tons, whichever is less except that the final sublot will be a minimum of 200 tons and may be increased to 800 tons. Testing for compaction will be at the rate of 5 tests per sublot per WSDOT T 738. The sublot locations within each density lot will be determined by the Engineer. For a lot in progress that material conforming to the Specification s can be produced. HMA mixture accepted by commercial evaluation and HMA constructed under conditions other than those listed above shall be compacted on the basis of a test point evaluation of the compaction train. The test point evaluation shall be performed in accordance with instructions from the Engineer. The number of passes with an approved compaction train, required to attain the maximum test point density, shall be used on all subsequent paving. HMA for preleveling shall be thoroughly compacted. HMA that is used to prelevel wheel ruts shall be compacted with a pneumatic tire roller unless otherwise approved by the Engineer. 5-04.3(10)D2 HMA Compaction Nonstatistical Evaluation Acceptance Testing The location of the HMA compaction acceptance tests will be randomly selected by the Engineer from within each sublot, with one test per sublot. 5-04.3(10)D3 HMA Nonstatistical Compaction Price Adjustments For each compaction lot with one or two sublots, having all sublots attain a relative density that is 92 percent of the reference maximum density the HMA shall be accepted at the unit Contract price with City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 89 PART 6. T ECHNICAL SPECIFICATIONS no further evaluation. When a sublot does not attain a relative density that is 92 percent of the reference maximum density, the lot shall be evaluated in accordance with Section 1-06.2 to determine the appropriate CPF. The maximum CPF shall be 1.00, howev er, lots with a calculated CPF in excess of 1.00 will be used to offset lots with CPF values below 1.00 but greater than 0.90. Lots with CPF lower than 0.90 will be evaluated for compliance per 5-04.3(11). Additional testing by either a nuclear moisture-de nsity gauge or cores will be completed as required to provide a minimum of three tests for evaluation. For compaction below the required 92%, a Non-Conforming Compaction Factor (NCCF) will be determined. The NCCF equals the algebraic difference of CPF minus 1.00 multiplied by 40 percent. The Compaction Price Adjustment will be calculated as the product of C PF, the quantity of HMA in the 5-04.3(11) Reject Work 5-04.3(11)A Reject Work General Work that is defective or does not conform to Contract requirements shall be rejected. The Contractor may propose, in writing, alternatives to removal and replacement of rejected material. Acceptability of such alternative proposals will be determined at t he sole discretion of the Engineer. HMA that has been rejected is subject to the requirements in Section 1-06.2(2) and this specification, and the Contractor shall submit a corrective action proposal to the Engineer for approval. 5-04.3(11)B Rejection by Contractor The Contractor may, prior to sampling, elect to remove any defective material and replace it with new material. Any such new material will be sampled, tested, and evaluated for acceptance. 5-04.3(11)C Rejection Without Testing (Mixture or Compaction) The Engineer may, without sampling, reject any batch, load, or section of Roadway that appears defective. Material rejected before placement shall not be incorporated into the pavement. Any rejected section of Roadway shall be removed. No payment will be made for the rejected materials or the removal of the materials unless the Contractor requests that the rejected material be tested. If the Contractor elects to have the rejected material tested, a minimum of three representative samples will be obtained and tested. Acceptance of rejected material will be based on conformance with the nonstatistical acceptance Specification. If the CPF for the rejected material is less than 0.75, no payment will be made for the rejected material; in addit ion, the cost of sampling and testing shall be borne by the Contractor. If the CPF is greater than or equal to 0.75, the cost of sampling and testing will be borne by the Contracting Agency. If the material is rejected before placement and the CPF is great er than or equal to 0.75, compensation for the rejected material will be at a CPF of 0.75. If rejection occurs after placement and the CPF is greater than or equal to 0.75, compensation for the rejected material will be at the calculated CPF with an additi on of 25 percent of the unit Contract price added for the cost of removal and disposal. 5-04.3(11)D Rejection - A Partial Sublot In addition to the random acceptance sampling and testing, the Engineer may also isolate from a normal sublot any material that is suspected of being defective in relative density, gradation or asphalt binder content. Such isolated material will not includ e an original sample location. A minimum of City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 90 PART 6. T ECHNICAL SPECIFICATIONS three random samples of the suspect material will be obtained and tested. The material will then be statistically evaluated as an independent lot in accordance with Section 1-06.2(2). 5-04.3(11)E Rejection - An Entire Sublot An entire sublot that is suspected of being defective may be rejected. When a sublot is rejected a minimum of two additional random samples from this sublot will be obtained. These additional samples and the original sublot will be evaluated as an independ ent lot in accordance with Section 1- 06.2(2). 5-04.3(11)F Rejection - A Lot in Progress The Contractor shall shut down operations and shall not resume HMA placement until such time as the Engineer is satisfied that material conforming to the Specifications can be produced: 1.When the CPF of a lot in progress drops below 1.00 and the Contractor is taking no corrective action, or 2.When the Pay Factor (PF) for any constituent of a lot in progress drops below 0.95 and the Contractor is taking no corrective action, or 3.When either the PF for any constituent or the CPF of a lot in progress is less than 0.75. 5-04.3(11)G Rejection - An Entire Lot (Mixture or Compaction) An entire lot with a CPF of less than 0.75 will be rejected. 5-04.3(12) Joints 5-04.3(12)A HMA Joints 5-04.3(12)A1 Transverse Joints The Contractor shall conduct operations such that the placing of the top or wearing course is a continuous operation or as close to continuous as possible. Unscheduled transverse joints will be allowed, and the roller may pass over the unprotected end of t he freshly placed mixture only when the placement of the course must be discontinued for such a length of time that the mixture will cool below compaction temperature. When the Work is resumed, the previously compacted mixture shall be cut back to produce a slightly beveled edge for the full thickness of the course. A temporary wedge of HMA constructed on a 20H:1V shall be constructed where a transverse joint as a result of paving or planing is open to traffic. The HMA in the temporary wedge shall be separated from the permanent HMA by strips of heavy wrapping paper o r other methods approved by the Engineer. The wrapping paper shall be removed and the joint trimmed to a slightly beveled edge for the full thickness of the course prior to resumption of paving. The material that is cut away shall be wasted and new mix shall be placed against the cut. Rollers or tamping irons shall be used to seal the joint. 5-04.3(12)A2 Longitudinal Joints The longitudinal joint in any one course shall be offset from the course immediately below by not more than 6 inches nor less than 2 inches. All longitudinal joints constructed in the wearing course shall be located at a lane line or an edge line of the Tr aveled Way. A notched wedge joint shall be constructed along all longitudinal joints in the wearing surface of new HMA unless otherwise City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 91 PART 6. T ECHNICAL SPECIFICATIONS approved by the Engineer. The notched wedge joint shall have a vertical edge of not less than the maximum aggregate size or more than ½ of the compacted lift thickness and then taper down on a slope not steeper than 4H:1V. The sloped portion of the HMA not ched wedge joint shall be uniformly compacted. 5-04.3(12)B Bridge Paving Joint Seals Bridge Paving Joint Seals shall be in accordance with Section 5-03. 5-04.3(13) Surface Smoothness The completed surface of all courses shall be of uniform texture, smooth, uniform as to crown and grade, and free from defects of all kinds. The completed surface of the wearing course shall not vary -foot straig htedge placed on the surface parallel to the centerline. The transverse slope of the completed surface of the wearing course shall vary not more than ¼ inch in 10 feet from the rate of transverse slope shown in the Plans. 1.Removal of material from high places by grinding with an approved grinding machine, or 2.Removal and replacement of the wearing course of HMA, or 3.By other method approved by the Engineer. Correction of defects shall be carried out until there are no deviations anywhere greater than the allowable tolerances. Deviations in excess of the above tolerances that result from a low place in the HMA and deviations resulting from a high place where corrective action, in the opinion of the Engineer, will not produce satisfactory results will be accepted with a price adj ustment. The Engineer shall deduct from monies When utility appurtenances such as manhole covers and valve boxes are located in the traveled way, the utility appurtenances shall be adjusted to the finished grade prior to paving. This requirement may be waived when requested by the Contractor, at the di scretion of the Engineer or when the adjustment details provided in the project plan or specifications call for utility appurtenance adjustments after the completion of paving. Utility appurtenance adjustment discussions will be included in the Pre-Paving and Pre-Planing Briefing (5-04.3(14)B3). Submit a written request to waive this requirement to the Engineer prior to the start of paving. 5-04.3(14) Planing (Milling) Bituminous Pavement The planing plan must be approved by the Engineer and a pre-planing meeting must be held prior to the start of any planing. See Section 5-04.3(14)B2 for information on planing submittals. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 92 PART 6. T ECHNICAL SPECIFICATIONS Where planing an existing pavement is specified in the Contract, the Contractor must remove existing surfacing material and to reshape the surface to remove irregularities. The finished product must be a prepared surface acceptable for receiving an HMA ove rlay. Use the cold milling method for planing unless otherwise specified in the Contract. Do not use the planer on the final wearing course of new HMA. Conduct planing operations in a manner that does not tear, break, burn, or otherwise damage the surface which is to remain. The finished planed surface must be slightly grooved or roughened and must be free from gouges, deep grooves, ridges, or other imper fections. The Contractor must repair method. Repair or replace any metal castings and other surface improvements damaged by planing, as determined by the Engineer. A tapered wedge cut must be planed longitudinally along curb lines sufficient to provide a minimum of 4 inches of curb reveal after placement and compaction of the final wearing course. The dimensions of the wedge must be as shown on the Drawings or as spe cified by the Engineer. A tapered wedge cut must also be made at transitions to adjoining pavement surfaces (meet lines) where butt joints are shown on the Drawings. Cut butt joints in a straight line with vertical faces 2 inches or more in height, producing a smooth transition t o the existing adjoining pavement. After planing is complete, planed surfaces must be swept, cleaned, and if required by the Contract, patched and preleveled. The Engineer may direct additional depth planing. Before performing this additional depth planing, the Contractor must conduct a hidden metal in pavement detection survey as specified in Section 5- 04.3(14)A. (*****) Section 5 04.3(14) is supplement with the following: The planing operation may require the Contractor to plane into existing surfacing or subgrade. The Engineer makes no claim to the existing asphalt depth or any material to a depth specified for planing. The Contractor shall be responsible for investigating and becoming aware of all areas to be planed. Following plaining operation the subgrade preparation shall be accomplished in accordance with the Standard Specifications or the Special Provisions. 5-04.3(14)A Pre-Planing Metal Detection Check Before starting planing of pavements, and before any additional depth planing required by the Engineer, the Contractor must conduct a physical survey of existing pavement to be planed with equipment that can identify hidden metal objects. Should such metal be identified, promptly notify the Engineer. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 93 PART 6. T ECHNICAL SPECIFICATIONS See Section 1-07.16(1) regarding the protection of survey monumentation that may be hidden in pavement. failure to conduct a pre- Engineer of any hidden metal that is detected. 5-04.3(14)B Paving and Planing Under Traffic 5-04.3(14)B1 General In addition, the requirements of Section 1-07.23 and the traffic controls required in Section 1-10, and unless the Contract specifies otherwise or the Engineer approves, the Contractor must comply with the following: 1.Intersections: a.Keep intersections open to traffic at all times, except when paving or planing operations through an intersection requires closure. Such closure must be kept to the minimum time required to place and compact the HMA mixture, or plane as appropriate. For pa ving, schedule such closure to individual lanes or portions thereof that allows the traffic volumes and schedule of traffic volumes required in the approved traffic control plan. Schedule work so that adjacent intersections are not impacted at the same tim e and comply with the traffic control restrictions required by the Traffic Engineer. Each individual intersection closure or partial closure must be addressed in the traffic control plan, which must be submitted to and accepted by the Engineer, see Section 1-10.2(2). b.When planing or paving and related construction must occur in an intersection, consider scheduling and sequencing such work into quarters of the intersection, or half or more of an intersection with side street detours. Be prepared to sequence the work to individual lanes or portions thereof. c.Should closure of the intersection in its entirety be necessary, and no trolley service is impacted, keep such closure to the minimum time required to place and compact the HMA mixture, plane, remove asphalt, tack coat, and as needed. d.Any work in an intersection requires advance warning in both signage and a number of Working Days advance notice as determined by the Engineer, to alert traffic and emergency services of the intersection closure or partial closure. e.Allow new compacted HMA asphalt to cool to ambient temperature before any traffic is allowed on it. Traffic is not allowed on newly placed asphalt until approval has been obtained from the Engineer. 2.Temporary centerline marking, post-paving temporary marking, temporary stop bars, and maintaining temporary pavement marking must comply with Section 8-23. 3.Permanent pavement marking must comply with Section 8-22. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 94 PART 6. T ECHNICAL SPECIFICATIONS 5-04.3(14)B2 Submittals - Planing Plan and HMA Paving Plan The Contractor must submit a separate planing plan and a separate paving plan to the Engineer at the moving operation and traffic control are coordinated, as they will be discussed at the pre-planing briefing and pre-paving briefing. When requested by the Engineer, the Contractor must provide each the area o f operation and sufficient detail of traffic beyond the area of operation where detour traffic may be required. The scale on the Shop Drawings is 1 inch = 20 feet, which may be changed if the Engineer agrees sufficient detail is shown. The planing operation and the paving operation include, but are not limited to, metal detection, removal of asphalt and temporary asphalt of any kind, tack coat and drying, staging of supply trucks, paving trains, rolling, scheduling, and as may be discuss ed at the briefing. When intersections will be partially or totally blocked, provide adequately sized and noticeable signage alerting traffic of closures to come, a minimum 2 Working Days in advance. The traffic control plan must show where police officers will be stationed w hen signalization is or may be, countermanded, and show areas where flaggers are proposed. At a minimum, the planing and the paving plan must include: 1.A copy of the accepted traffic control plan, see Section 1- the sequencing of traffic control consistent with the pro posed planing and paving sequence, and scheduling of placement of temporary pavement markings and channelizing devices after each 2. 3.Haul routes from supplier facilities, and locations of temporary parking and staging areas, including return routes. Describe the complete round trip as it relates to the sequencing of paving operations. 4.Names and locations of HMA supplier facilities to be used. 5.List of all equipment to be used for paving. 6.List of personnel and associated job classification assigned to each piece of paving equipment. 7.Description (geometric or narrative) of the scheduled sequence of planing and of paving and proposed planing and of proposed paving, sequence of adjacent lane paving, sequence of skipped lane paving, intersection planing and paving scheduling and sequencing, and proposed notifications and coordinations to be timely made. The plan must show HMA joints relative to the final pavement marking lane lines. 8.Names, job titles, and contact information for field, office, and plant supervisory personnel. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 95 PART 6. T ECHNICAL SPECIFICATIONS 9.A copy of the approved Mix Designs. 10.Tonnage of HMA to be placed each day. 11.Approximate times and days for starting and ending daily operations. 5-04.3(14)B3 Pre-Paving and Pre-Planing Briefing At least 2 Working Days before the first paving operation and the first planing operation, or as scheduled by the Engineer for future paving and planing operations to ensure the Contractor has adequately prepared for notifying and coordinating as required in the Contract, the Contractor must convenience, including driveway and business access, garbage truck operations, transit operations and working around energized overhead wires, school and nursing home and hospital and other accesses, other Contractors who may be operating in the area, pedestrian and bicycle traffic, and s operations, must meet with the Engineer and discuss the proposed operation as it relates to the submitted planing plan and paving plan, approved traffic control plan, and public convenience and safety. Such discussion includes, but is not limited to: 1.General for both the Paving and Planing: a.The actual times of starting and ending daily operations. b.In intersections, how to break up the intersection, and address traffic control and signalization for that operation, including use of peace officers. c.The sequencing and scheduling of paving operations and of planing operations, as applicable, as it relates to traffic control, public convenience and safety, and other Contractors who may operate in the Project limits. d.Notifications required of Contractor activities and coordinating with other entities and the public as necessary. e.Description of the sequencing of installation and types of temporary pavement markings as it relates to planing and paving. f.Description of the sequencing of installation of, and the removal of, temporary pavement patch material around exposed castings and as may be needed. g.Description of procedures and equipment to identify hidden metal in the pavement, such as survey monumentation, monitoring wells, streetcar rail, and castings, before planing as per Section 5-04.3(14)B2. h.Description of how flaggers will be coordinated with the planing, paving, and related operations. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 96 PART 6. T ECHNICAL SPECIFICATIONS i.Description of sequencing of traffic controls for the process of rigid pavement base repairs. j.Other items the Engineer deems necessary to address. 2.Paving additional topics: a.When to start applying tack and coordinating with paving. b.Types of equipment and numbers of each type of equipment to be used. If more pieces of equipment than personnel are proposed, describe the sequencing of the personnel operating the types of equipment. Discuss the continuance of operator personnel for each type of equipment as it relates to meeting Specification requirements. c.Number of JMFs to be placed, and if more than one JMF is used, how the Contractor will ensure different JMFs are distinguished, how pavers and how MTVs are distinguished, and how pavers and MTVs are cleaned so that one JMF does not adversely influence the other JMF. d. breakdown, rain out, and supplier shutdown of operations. e.Number of sublots to be placed, sequencing of density testing, and other sampling and testing. 5-04.3(15) Sealing Pavement Surfaces Apply a fog seal where shown in the plans. Construct the fog seal in accordance with Section 5-02.3. Unless otherwise approved by the Engineer, apply the fog seal prior to opening to traffic. 5-04.3(16) HMA Road Approaches Construct HMA approaches at the locations shown in the Plans or where staked by the Engineer, in accordance with Section 5-04. 5-04.4 Measurement in accordance with Section 1-09.2, with no deduction being made for the weight of asphalt binder, ontractor elects to remove and replace -04.3(11), the material removed will not be measured. Roadway cores will be measured per each for the number of cores taken. Pavement repair excavation will be measured by the square yard of surface marked prior to excavation. Planing bituminous pavement will be measured by the square yard. 5-04.5 Payment Payment will be made for each of the following Bid items that are included in the Proposal: City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 97 PART 6. T ECHNICAL SPECIFICATIONS shall be full compensation for all costs, including anti-strip ping additive, incurred to carry out the requirements of Section 5-04 except for those costs included in other items which are included in this Subsection and which are included in the Proposal. all costs incurred to perform the Work described in Section 5-04.3(14). - 04.3(9)C6. -04.3(10)D3. and included in the unit Bid price per each. -04.3(10)B. (*****) Supplement this section with the following: payment for all costs incurred to perform the Work as shown in the contract plan which shall include commercial HMA, Crushed Surface Base Course, placement of native material, and construction geotextile. payment for all costs incurred to perform the Work described in Section 5-04.3(4) with the exception, however, that all costs involved in the placement of HMA shall be included in the unit Contract price City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 98 PART 6. T ECHNICAL SPECIFICATIONS 5-05 CEMENT CONCRETE PAVEMENT 5-05.1 Description (August 6, 2012 WSDOT GSP) Section 5-05.1 is supplemented with the following: This Work consists of furnishing and placing pigmented, textured, or textured and pigmented cement concrete pavement at the locations and depth as shown in the Plans. 5-05.2 Materials (*****) Supplement this section with the following: Pigment color for Accent Paving cement concrete pavement shall match Padre Brown, Color #61078, by Davis Color s The pigment shall be incorporated in Pigment color for cement concrete pavement shall match Cliffside Brown, Pigment color for cement concrete pavement shall match Cliffside Brown, Color 5-05.3 Construction Requirements Section 5-05.3 is supplemented with the following: (August 6, 2012 WSDOT GSP, Option 1) Pigmented Cement Concrete Curing shall be in accordance with Section 5-05.3(13) and be applied to the surface in accordance with the manufacturer's recommendations. If liquid membrane-forming concrete curing compound is used it shall meet the requirements of ASTM C 309 Type 1-D. The Contractor shall provide a 2 foot by 2 foot sample panel, that has been cured a minimum seven days, showing the color of cement concrete to the Engineer for acceptance before placing any pigmented cement concrete pavement. 5-05.3(8) Joints (*****) Supplement this section with the following: Transverse and longitudinal contraction joints for scored colored concrete will be considered joints in the direction and pattern shown in the contract plans. (*****) Delete the second paragraph and replace it with the following: For scored colored concrete a ll transverse and longitudinal joints shall be constructed at 2 foot on center, 3/16 inch to 5/16 inch wide by 1 inch maximum depth. The faces of all joints shall be constructed perpendicular to the surface of the concrete pavement. For all other concrete paving, City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 99 PART 6. T ECHNICAL SPECIFICATIONS ½ inch radius edged tooled joints and shall be placed at 10 foot on center perpendicular to the concrete edge. 5-05.4 Measurement (August 6, 2012 WSDOT GSP, Option 1) Section 5-05.4 is supplemented with the following: Pigmented, textured, or textured and pigmented cement concrete pavement will be measured by the square yard placed. 5-05.5 Payment (*****) Supplement this section with the following: Concrete, per square yard. perform the Work in this Specification including but not limited to grade preparation, forms. pigment application, curing, stripping forms. , per square yard. incurred to perform the Work in this Specification including but not limited to grade preparation, forms. pigment application, curing, stripping forms. , per square yard to perform the Work in this Specification including but not limited to grade preparation, forms. pigment application, curing, stripping forms. END OF DIVISION 5 City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 100 PART 6. T ECHNICAL SPECIFICATIONS DIVISION 7 DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, 7-08 GENERAL PIPE INSTALLATION 7-08.2 Materials (*****) Supplement this S ection with the following: Construction Geosynthetic 9-33 Construction Requirements (*****) Supplement this section with the following: polyethylene plastic foam pad between the utilities, where OD is the outside diameter of the largest pipe present. Polyethylene plastic pad shall be Ethafoam o r approved equal. The unit cost shall be full compensation for all labor, tools, equipment and materials necessary or incidental to removing the existing pipe connection and replacing with new pipe connection within an existing manhole. Work elements include, but are not li mited to, removing and disposing of the existing pipe within the manhole penetration; setting the new pipe connection with approved watertight connection; providing all bricks, grout, and materials necessary to make new connection; replacing the existing m anhole channel to provide smooth, continuous flow between inlet and outlet of manhole; and grouting all existing penetrations and visible manhole defects to provide watertight structure. 7-08.3(1) Excavation and Preparation of Trench 7-08.3(1)A Trenches (*****) The sixth paragraph of Section 7-08.3(1)A is replaced with the following: When, after excavating to the foundation level, the material remaining in the trench bottom is determined to be unsuitable by the Engineer, excavation shall be continued to such additional depth and width as required by the Engineer. Unsuitable foundation materials shall be disposed of at an approved site. Prior to replacing unsuitable materials, construction geotextile for stabilization shall be laid on the native soil the full width and length of the trench. Overlap of the geotextile shall be in The trench foundation shall be backfilled to the bottom of the pipe zone with gravel backfill for foundations Class A or Class B, or gravel backfill for pipe zone bedding, and compacted to form a uniformly dense, unyielding foundation. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 101 PART 6. T ECHNICAL SPECIFICATIONS Backfilling (*****) Supplement this S ection with the following: Temporary Trench Patching Temporary patching that will be in place for greater than 30 calendar days (including during the winter suspension) Commercial HMA as a temporary patch. Temporary asphalt shall be removed in its entirety prior to constructing the permanent improvements. All temporary patches must be maintained by the contractor to provide a uniform driving surface. Use of steel plates or gravel on driving surfaces requires City approval and will only be considered for short-durations and where sufficient skid-desistance i s achievable. Temporary patching of pedestrian routes must comply with ADA requirements. 7-09 WATER MAINS 7-09.1 Description (*****) Supplement this section with the following: The work includes construction of a temporary 2-inch service line that shall connect to existing services along the existing water main. This work shall include all testing, sanitizing, flushing, and other requirements as outlined in section 7-09 of the standard specifications. Work shall also include removing and disposing of existing concrete asbestos pipe. Contractor shall comply with Section 1-07.5(4)C. 7-09.3 Construction Requirements (*****) Supplement this section with the following: Temporary Water and Service Connections shall be installed prior to the shut off of existing water main and converted in a single day. The contractor shall comply with Chapter 4 Water of the City of Yelm Engineering Specifications and Standard Details. 7-09.4 Measurement (*****) Supplement this section with the following: Temporary Water and Service Connections tools necessary to complete the work as specified on the contract plans. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 102 PART 6. T ECHNICAL SPECIFICATIONS 7-09.5 Payment (*****) This Section is supplemented with the following: for all labor, tools, equipment, and materials necessary or incidental to trenching and installing pipe, trench pipe bedding, backfilling, and connection to existing services in accordance to the City of Yelm Developmental Guidelines and the Contract Plans. This lump sum item shall also include testing, flushing, and sanitizing the temporary service line per section 7-12 VALVES FOR WATER MAINS 7-12.4 Measurement The Gate Valve ___ IN shall include the backfill and compaction required for installation. 7-15 SERVICE CONNECTIONS 7-15.1 Description (*****) Section 7-15.1 is supplemented with the following: This Work includes the installation of new service line from the new main to an existing, relocated, meter setter and installation of new meter boxes. END OF DIVISION 7 City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 103 PART 6. T ECHNICAL SPECIFICATIONS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 104 PART 6. T ECHNICAL SPECIFICATIONS DIVISION 8 MISCELLANEOUS CONSTRUCTION EROSION CONTROL AND WATER POLLUTION CONTROL Construction Requirements (*****) The Contractor shall bear sole responsibility for damage to completed portions of the project and to property located off the project caused by erosion, siltation, runoff, or other related items during the construction of the project. The Contractor shall also bear sole responsibility for any pollution of rivers, streams, groundwater, or other water that may occur as a result of construction operations. Any area not covered with established, stable vegetation where no further work is anticipated for a period of 15 days, shall be immediately stabilized with the approved erosion and sedimentation control methods (e.g., seeding and mulching, straw, plastic s heet). Where seeding for temporary erosion control is required, fast germinating grasses shall be applied at an appropriate rate (e.g., perennial rye applied at approximately 80 pounds per acre). At no time shall more than one foot of sediment be allowed to accumulate within a catch basin. All catch basins and conveyance lines shall be cleaned at a time designated by the City Construction Inspector. The cleaning operation shall not flush sediment system. The cleaning shall be conducted using an approved vacuum truck capable of jet rodding the lines. The collection and disposal of the sediment shall be the responsibility of the Contractor at no cost to the City of Yelm. 8-01.3(8) Street Cleaning (*****) The Contractor shall provide for cleaning all surfaced roadways that have become dirty as a result of the execution of this project. This shall be done at the completion of each day's activities or more often if so directed by the Engineer. Street sweepe rs with a vacuum function shall be the only acceptable method used to clean. Flushing will not be permitted. Contractor shall have a vacuum sweeper available, full-time, for the duration of the project. Not having a full-time vacuum sweeper available and/or sufficient additional materials to react in a timely manner to changes may be grounds for the City to issue a Stop Work Order until the Contractor remedies the deficiency or the City may elect to have complete the street sweeping and deduct the cost from monies due to the Contractor. Time spent under a Stop Work Order in this situation shall not be grounds for a claim for additional payment or additional working days. Roadway sweeping and cleaning shall be considered included in the lump sum "Erosion Control and Water Pollution Prevention" and no additional payment will be made. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 105 PART 6. T ECHNICAL SPECIFICATIONS 8-01.3(9) Sediment Control Barri ers 8-01.3(9)D Inlet Protection (*****) Inlet protection can be in the form of internal devices and shall be installed prior to clearing, grubbing or earthwork activities. Catch Basin Inserts shall be installed on existing catch basins within the project area and those immediately downstream of the project site that could possibly receive sediment laden runoff for the site. They shall be installed and meet the requirements specified on the Plans. Simply placing a piece of geotextile under the catch basin grate is not acceptable. When the depth of accumulated sediment and debris reaches approximately one-half the height of an internal device or one-third the height of the external device (or less if so specified by the manufacturers), the deposits shall be removed. Contractor shall be responsible for removing catch basin inserts upon completion of the project. 8-01.3(16) Removal (*****) Removing Temporary Erosion / Water Pollution Control BMPs The Contractor shall removal all Temporary Erosion / Water Pollution Control BMPs within twenty (20) days after final slope stabilization, landscape restoration, or after the BMPs are no longer needed, and prior to final payment. Trapped sediment shall be removed or stabilized on site. (*****) Add the following new section: 8-01.3(17) Suspension of Work If at any time during the life of this Contract the work is suspended, it shall be the Contractor's responsibility to meet the Temporary Erosion / Water Pollution Control requirements of the Bid Documents, including maintenance and repair of BMPs already installed, at all times during suspension. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 106 PART 6. T ECHNICAL SPECIFICATIONS ROADSIDE RESTORATION 8-02.1 Description (*****) This work consists of restoring areas disturbed during construction activities by placing and grading topsoil, placing and grading bark mulch in landscaped areas, and all other restoration as shown in the Plans. 2 Materials (*****) Section 8-02.2 is supplemented with the following: Materials shall meet the requirements of the following publication: 1.American Standard for Nursery Stock, ANSI Z60.1-2004, American Nursery and Landscape Association. Plant varieties shall be as specified in the plant list and be true to botanical name as listed in the latest edition of "Standardized Plant Names" as adopted by American Joint Committee of Horticulture Nomenclature. Plants shall be nursery-grown unless otherwise indicated. Plants are required to be from stock acclimated to project site environmental conditions, having been consistently cultivated and grown under site conditions. No cold storage plants will be permit ted. Grafted trees shall be done within 3 inches of ground level. Plant conditions shall meet the following requirements: 1.Be fresh, well foliated, in prime condition when in leaf and exhibiting normal habit of growth. 2.Have all leaders and buds intact, free of disease, injury, insects, insect eggs, larvae and indications of strawberry root weevil. 3.Be free of seeds; weed roots and other such contaminants. Ball and burlap (B&B) stock is required to have a natural ball sufficient to ensure survival and healthy growth. Bare root (BR) materials are required to have sufficient root system ensuring survival and healthy growth. Container-grown plants are required to have sufficient growth to hold the earth intact when removed from containers, but shall not be root-bound. Geotextile root control system shall be Shawtown Root Barrier Panel EP-1850 or Roll SM-1820 by NDS, or approved equal. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 107 PART 6. T ECHNICAL SPECIFICATIONS Construction Requirements (*****) Topsoil shall be placed over the disturbed area at an average compacted depth as specified on the Plans. All restoration practices shall be completed unless otherwise directed by the City Construction Inspector. The Contractor shall take necessary measures to prevent erosion and siltation of downstream facilities and adjacent properties. 8-02.3(1) Construction Requirements (*****) Section 8-02.3(1) is supplemented with the following: The Contractor shall have facilities, equipment, and personnel adequate for work specified. Pruning and trimming of existing trees to remain shall be performed by a specialist with at least 5 years experience in arboriculture. All plants shall be delivered with the following: 1.Label trees and bundles of like shrubs and grasses with legible identification nursery labels. 2.Identify botanical and common plant name and size. 3.Use durable waterproof labels with water-resistant ink, which will remain legible for project duration. 8-02.3(4) Topsoil (*****) The Contractor shall thoroughly scarify surface by tilling, disking, or harrowing after the subgrade has been backfilled to the elevations needed to establish finished grade after topsoil placement as indicated on the Plans. Prior to placement, the Enginee r shall approve topsoil material. If the Contractor furnishes and places topsoil without prior approval, it shall be done at the Contractor's expense. Final grading shall include raking, floating, dragging, and rolling to remove all surface irregularities and to provide a firm, smooth surface with positive drainage. 8-02.3(4)A Topsoil Type A (August 3, 2015 WSDOT GSP) Section 8-02.3(4)A is supplemented with the following: Topsoil Type A shall be placed to a non-compacted depth of *** 4 *** inches unless otherwise noted on the plans. The topsoil shall be thoroughly blended prior to placement. The Contractor shall submit a Type 1 Working Drawing consisting of independent test results from an accredited laboratory demonstrating the Topsoil Type A meets the requirements of Section 9- 14.1(1). The Type 1 Working Drawing shall also include the Reque st for Approval of Material in accordance with Section 1-06.1(2). City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 108 PART 6. T ECHNICAL SPECIFICATIONS 8-02.3(8) Planting (*****) Section 8-02.3(8) is supplemented with the following: The Contractor shall make required field adjustments as directed by the Engineer without additional cost and avoid obstructions. Plants not properly planted or heeled-in will be rejected and shall be removed from the site. Maintenance shall begin following the installation of each plant and shall continue until project acceptance. Work includes watering, weeding, cultivating, tightening and repairing guys, removal of dead materials, resetting plants to proper grades or upri ght positions and other operations necessary to ensure proper growth and survival of all plant material. If it is discovered that horsetail has been imported with a planting, the Contractor shall remove the tree or bush in its entirety including the rootball and surrounding soil and replace the tree or bush in kind. 8-02.3(11) Mulch 8-02.3(11)B Bark or Woodchip Mulch (*****) Section 8-02.3(11)B is supplemented with the following: The Contractor shall submit a sample to the Engineer for approval prior to placement. 8-04 CURBS, GUTTERS, AND SPILLWAYS 8-04.3 Construction Requirements (*****) Supplement this section with the following: When curb elevations are shown on the Contract Drawings they are approximate and shall be adjusted as required based on field conditions and as needed to provide positive drainage. The Contractor shall have the subgrade prepared and formwork in place at least 24 hours prior to pouring concrete. The Engineer shall review the line and grades of the curb and the Contractor shall make minor adjustments as necessary. Minor adjustment shal l be considered changes to the Plan elevations or offsets of 3 inches or less. The work to revise the lines, formwork and subgrade for minor adjustments shall be considered incidental to the bid price. If the lines and formwork are not in conformance with the Plans, all adjustments, regardless of size, shall be at the sole expense of the Contractor. Adjustments to the lines and grades shall not constitute a basis for claims for additional contract time o r expenses. The curb shall be protected against damage or defacement of any kind until it has been accepted by the City Construction Inspector. Work that is not acceptable to the City Construction Inspector because of damage or defacement shall be removed and replaced by the Contractor at his own expense. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 109 PART 6. T ECHNICAL SPECIFICATIONS Pigmented curing compounds shall not be used on traffic curb. Only clear curing compounds will be permitted. Lip of gutter at all curb ramps shall be flush, no exceptions will be given. 8-1 4 CEMENT CONCRETE SIDEWALKS 8-14.1 Description (*****) Supplement this section with the following: This work also includes 2x2 scored concrete constructed of cement concrete in accordance with the Plans and Specifications and these Special Provisions. 8-14.3 Construction Requirements 8-14.3(3) Placing and Finishing Concrete (*****) Supplement this section with the following: Expansion and contraction joints for the 2x2 scored concrete shall be at locations that are compatible with the proposed scoring pattern shown in the plans. Spacing of expansion joints shall not exceed 14 feet on center. At no time shall expansion joints or contraction joints be placed at an angle to the planned direction of all joints. 8-14.3(5) Detecta ble Warning Surface (*****) Supplement this section with the following: Detectable Warning Surface shall be Cast-in-Place. 8-14.4 Measurement (*****) Supplement this section with the following: 2x2 Scored Concrete will be measured by the square yard of finished surface. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 110 PART 6. T ECHNICAL SPECIFICATIONS 8-14.5 Payment (*****) Supplement this section with the following: 2x2 Scored Concrete The contract unit price per square yard for 2x2 Scored Concrete shall be full pay for all materials, labor and equipment required to construct per the contract plans including but not limited to, crushed surfacing top course, compaction and grading, curing. (*****) Delete the last paragraph and replace it with the following: The unit Contract be full pay for cast in place detectable warning surfaces. 8-18 MAILBOX SUPPORT 8-18.5 Payment (*****) Supplement this section with the following: replace the support and maintain the same mailbox lo cation as existing. 8-19 VACANT Section 8-19 is replaced with the following: (*****) 8-19 RESOLUTION OF UTILITY CONFLICTS 8-19.1 Description This work involves the identification and resolution of utility conflicts not identified on the Plans or during potholing per Section 2-02.3(4) between proposed improvements and existing utilities. The City will pay these costs by force account if the wor k proves to be acceptable and the Contractor has performed the work with the authority of and due notice to the Engineer. 8-19.2 Construction Requirements Utility conflicts discovered during construction will typically be addressed by adjusting the location of the proposed utility that is in conflict with the existing utility. Should existing conditions and/or proposed improvements prohibit relocation of th e new improvements, then the existing, conflicting utility will be relocated. In the event that a conflict arises between the proposed improvements and an existing utility, the Resolution of Utility Conflicts item will compensate the Contractor for standby time and additional work in the following manner: City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 111 PART 6. T ECHNICAL SPECIFICATIONS 1.Standby time resulting from existing utility conflicts a.Standby time is defined as time the Contractor is unable to proceed with progression of a specific work item due to conflicts with existing facilities. However, payment for standby time shall be limited to: i.For each agreed upon conflict, a maximum of 2 hours of standby time will be paid for actual delay of labor and equipment due to a utility conflict. The Contractor shall be responsible to adjust his work schedule and/or reassign his work forces and equipme nt to other areas of work to minimize standby time. ii.If the conflict is resolved within one (1) hour of verbal notification to the Engineer, no standby time will be paid. iii.No standby time will be paid if Contractor forces can be redirected to other portions of work. Availability of other work shall be at the sole discretion of the Engineer. 2.Additional work required to resolve utility conflicts will be paid for at the Bid unit prices for the associated work. Work that can be measured and paid for at the unit Contract prices shall not be identified as force account work. 8-19.4 Measurement Section 1-04.4(1). 8-2 0 ILLUMINATION, TRAFFIC SIGNAL SYSTEMS, INTELLIGENT TRANSPORTATION SYSTEMS, AND ELECTRICAL 8-20.1 Description (*****) Supplement this section with the following: Work includes furnishing and installing all materials necessary to provide: Installation of lighting system Installation of electrical bollards Banner poles The work involves, but shall not be limited to, the supply, testing and installation of the following: Strain poles and foundations Luminaires Strain wire Overhead string lighting system City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 112 PART 6. T ECHNICAL SPECIFICATIONS Electrical service cabinet and foundation Electrical bollards and foundations Junction boxes Conduit and wire 8-20.1(2) Industry Codes and Standards (*****) Supplement this section with the following: National Electrical Safety Code (NESC) PO Box 1331, 445 Hoes Lane Piscataway, New Jersey 8-20.1(3) Electrical Permits and Inspection (*****) Supplement this section with the following: The Contractor shall be responsible for coordinating, obtaining, and paying for all permits necessary to complete this work in a timely fashion. An electrical permit shall be obtained before beginning of trench excavation. 8-20.2 Materials (April 6, 2015 WSDOT GSP) Supplement this section with the following: Traffic Signal Standard Foundation Shaft Casing All permanent casing shall be a smooth wall non corrugated structure of steel base metal. All permanent casing shall be of ample strength to resist damage and deformation from transportation and handling, installation stresses, and all pressures and force s acting on the casing. The casing shall be clean prior to placement in the excavation. The permanent casing may be telescoped, but the outside diameter of the casing shall not be less than the specified diameter of the shaft. 8-20.2(1) Equipment List and Drawings (*****) Supplement this section with the following: Manufacturer's data for all materials proposed for use in the contract which require approval shall be submitted in one complete package. 8-20.3 Construction Requirements 8-20.3(4) Foundations The Contractor shall provide materials for and construct the foundations for poles and cabinets to the dimensions specified in the Plans. The anchor bolt pattern circle shall match that of the item to be installed thereon. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 113 PART 6. T ECHNICAL SPECIFICATIONS The Engineer, prior to excavation, shall approve location of all concrete foundations. All excess materials shall be removed from the construction site and disposed of at the Contrac t o r 8-20.3(5) Conduit 8-20.3(5)A General (*****) Supplement this section with the following: The Contractor shall provide and install all conduit and necessary fittings at the locations noted on the Plans. Conduit size shall be as indicated on the Plans. If the Contractor elects to use larger conduit without reasonable justification, the Contracto r will be responsible for any increase in cost due to other changes required. Conduits shall be capped during construction using manufactured seals to prevent entrance of water and debris. The conduits shall be cleaned before pulling wire. Spare conduits shall include a bull-line tape. Spare conduits shall be capped and labeled as C ity of Yelm conduits. All conduit installed underground shall have polyethylene Underground Hazard Marking Tape, 6 - the conduit. 8-20.3(6) Junction Boxes, Cable Vaults, and Pull boxes (*****) Supplement this section with the following: The Contractor shall supply all junction boxes. The locations of the junction boxes shown in the Plans are approximate and final locations shall be verified by the Engineer in the field prior to placement. The junction box locations shall not interfere wit h any other previous or relocated installations. Junction boxes shall not be placed in the travel way. Wiring shall not be pulled into any conduit until all associated junction boxes have been adjusted to, or installed in, their final grade and location, unless installation is necessary to maintain system operation. If wire is installed for this reason, su fficient slack shall be left to allow for future adjustment junction boxes are installed or adjusted prior to construction of finished grade, pre- molded joint filler for expansion joints may be placed around the junction boxes. The joint filler shall be r emoved prior to adjustment to finished grade. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 114 PART 6. T ECHNICAL SPECIFICATIONS 8-20.3(8) Wiring (*****) Supplement this section with the following: All wires terminated at a terminal block shall have an open end, crimp style solder-less, insulated terminal. All terminals shall be installed with a tool designed for the installation of this type of terminal. Crimping with pliers, wire cutters, etc., w ill not be allowed. Terminals shall be color coded to the wire and sized to fit snugly on wire ends. No exposed conductor will be allowed. All wiring inside the controller cabinet and at intermediate points shall be trimmed and cabled together to make a neat and clean-appearing installation. The un-fused service wires between the Puget Sound Energy transformer and the service cabinet - The Contractor shall provide to the City of Yelm a red-line print of the wiring diagram showing as- built information of the field wiring prior to acceptance of the project by the City. 8-20.3(9) Bonding, Grounding (*****) Supplement this section with the following: Location wires shall not be connected to the equipment-grounding system. 8-20.3(10) Service, Transformer, and ITS Cabinets (*****) Supplement this section with the following: The City has completed an electrical service application with Puget Sound Energy and made arrangements for a new electrical service connection. The Contractor shall coordinate with PSE to schedule the service connection, meter installation, and all required inspections. A 3-wire electrical service shall be used at 120/240 volts, single phase, 60-hertz AC between the power source and the service cabinet. The unfused power shall enter the service cabinet through a separate conduit. The Contractor shall install a service cabinet as specified. The service cabinet shall be mounted on a concrete base with anchor bolts fastening to the inside of the base of the cabinet. The street illumination components shall be connected to the 240-vo lt, 60-hertz power. No on-site modifications to the cabinet will be allowed. The Contractor shall have the services inspected by the Department of Labor & Industries and shall be solely responsible for coordination with the power company to have the service energized. The City will aid in this process at the request of the Contract or. The service cabinets shall be shipped and delivered to the job site in a protective covering with suitable dunnage to prevent damage to the exterior surface. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 115 PART 6. T ECHNICAL SPECIFICATIONS 8-20.4 Measurement (*****) Supplement this section with the following: Decoctive Electrical System, Complete all items for a complete system to be furnished and installed. Surface restoration (regardless of surfacing type) for areas disturbed by activities associated with installing Electrical System equipment per this Section and not otherwise called out for replacement or in excess of the limits shown in the Plans, shall b e included in the respective lump sum price and no additional measurement shall be made. 8-20.5 Payment (*****) Supplement this section with the following: Decorative Electrical The lump sum bid price for Decorative Electrical compensation for the costs of all labor, tools, equipment, design, and materials necessary or incidental to the complete installation of the work specified on the Electrical/Lighting Plans. This includes but is not limited to: banner and catenary lighting poles, catenary lighting system, luminaires, electrical service cabinet, foundations, bollards, outlets, trenching, borings, excavation, conduit bedding, trench backfill, power connections (including coordination with the power company), disposal of excavated materials, conduit, junction boxes, wirin g, and restoring all facilities damaged or destroyed during construction (unless specifically called out for replacement per the Plans), and for all required tests, inspections, and permits. All additional materials and labor, not shown on the plans or cal led for herein and which are required to provide a complete and functional system called for in the Plans and these Special Provisions, shall be included in the lump sum bid price in the Proposal. 8-21 PERMANENT SIGNING 8-21.3 Construction Requirements (*****) Supplement this section with the following: Contractor shall provide new mounting hardware and posts where existing signs are designated for relocation on the Plans. All signs, shall be installed per WSDOT Standard Plans as shown in the plans. Upon completion of the project, the Contractor shall reset all signs, which have been disturbed or removed during the construction, in their permanent location to the satisfaction of the Owner. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 116 PART 6. T ECHNICAL SPECIFICATIONS 8-21.5 Payment (*****) Supplement this section with the following: per lump sum. The lump sum cost in the Proposal shall be full compensation for all labor, tools, equipment, and materials necessary or incidental to removing the existing signing as needed to accommodate construction activities; temporarily reinstalling signs; purchasin g and installing new signs; and permanently reinstalling signs on new posts using new hardware in conformance with the Standard Details. 8-2 4 MODULAR BLOCK WALL AND GABION CRIBBING (*****) Supplement this section with the following: 8-24.1 Description This Work consists of constructing rock and gravity block wall(s) in accordance with the Plans, Special Provisions, these Specifications, or as designated by the Engineer 8-24.3 Construction Requirements (*****) Supplement this section with the following: Submittals The Contractor shall submit type 2E working drawings of the gravity block wall to the Engineer for approval in accordance with Section 1-05.3. The working drawings shall include, but not be limited to, the following: 1.Plan, elevation, and section views of the wall, showing the layout, and orientation of the blocks. 2.Dimensions and details of the blocks, including details and locations of block erection lifting loops and inserts, and the features designed to interlock blocks together if the blocks have such features. 3.Method and equipment used to erect the blocks. 4.Erection sequence. approval of the working drawing submittal. Gravity Block Wall Erection After excavating for the wall base, the Contractor shall grade the excavation for a width equal to or exceeding the width of the bottom row of blocks. The base shall be graded to the base elevation shown in the Plans and working drawings as approved by th e Engineer. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 117 PART 6. T ECHNICAL SPECIFICATIONS The Contractor shall erect the gravity block wall and place the backfill in accordance with the erection sequence as approved by the Engineer. The top of the gravity block wall shall be within two inches of the line and grade shown in the Plans. The back fill shall be compacted in accordance with Section 2-03.3(14)C, Method C. The Contractor shall repair all large blemishes and chipped surfaces, (25 square inches and larger) on the exposed face of the erected wall using methods and materials as approved by the Engineer. The Contractor shall complete all wall terminations using finished face units such that no unfinished edges of block are visible. Only one manufacturer and style of precast concrete block shall be approved on this project. Alternate Wall System If an alternate wall system is proposed by the Contractor and accepted by the Engineer, the Contract shall be responsible for identifying the limits of excavation for the proposed wall substitution. All costs associated with expanded excavation limits due to a alternate wall system shall be included in the unit price for Gravity Block Wall. 8-24.4 Measurement (*****) Supplement this section with the following: Gravel Backfill for wall, Drain Rock, and Geotextile shall be included in the unit contract price for Gravity Block Wall and no additional measurement shall be made. Excavation for walls shall be measured per Section 3-07 of the Standard Sp ecifications. 8-24.5 Payment (*****) Supplement this section with the following: Gravity The unit contract price for per square foot for Modular Block Wall shall be full compensation for the complete construction of the retaining wall as shown in the Plans. The includes all other items that may be required to complete the work as specified, including but not limited to concrete blocks, drain rock, geotextile, and base leveling pad. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 118 PART 6. T ECHNICAL SPECIFICATIONS (*****) Add the following new section: 8-2 6 URBAN DESIGN DECORATIVE ITEMS 8-26.1 Description This work involves the construction of pervious pavers, trash enclosures, seat walls, decorative signs, benches, bollards, and planters in accordance with the Contract Plans. 8-26.2 Materials 8-26.2(1) Pervious Pavers Materials for the Pervious Paver shall conform to the Unilock manufacturer specifications for ECO Priora Pavers or a pproved equal with the following characteristics: Style: Interlocking concrete permeable pavers. Color: Harvest Blend Dimensions: 3-1/8" x 4" x 8" Coverage: 4.5 pieces /square foot Pavers shall be installed in herringbone pattern. 8-26.2(2) Trash Enclosures Concrete footing and the standard conc rete inside slab shall be constructed of class 3000 concrete and conform to S ection 6-02. Rebar (or reinforcing steel) as shown on the contract plans shall conform to section 9-07 of the WSDOT standard specifications. Expansion joint material shall conform to 9-04 of the WSDOT standard specifications. Classic Wall Cap material shall be as specified in the contract plans. Materials for the Double Swing Gate shall be submitted to the engineer for approval prior to construction and have the following characteristics: Dimensions: 6' height x 12' width. Style: Laser-cut aluminum panel (Silver Hammertone (T064-GR05) over solid aluminum panel Color: Black T002-BK08 Texture: Powder coat. Individual panel thickness: 3/16" combined panel thickness 3/8" Tube steel frame for support. Locking latch. The Contractor shall coordinate with the manufacturer to acquire this product and submit materials to the Engineer for approval. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 119 PART 6. T ECHNICAL SPECIFICATIONS 8-26.2(3) Concrete Seat Wall All concrete shall be class 3000 and conform to section 6-02 of the WSDOT standard specifications. Rebar (or reinforcing steel) as shown on the contract plans shall conform to section 9-07 of the WSDOT standard specifications. 8-26.2(4) Aluminum Planter Materials for the planter shall conform to the Wausau Tile, Product WS510 Aluminum Rectangular Planter or approved equal with the following characteristics: Style: Aluminum rectangular planter Color: 8 Black Length:24", Width:48", and Height:30" Weight:72 lbs. Material: Aluminum Shape: Rectangle, Drain Hole: Yes The C ontractor shall coordinate with the manufacturer to acquire this product and submit materials to the E ngineer for approval. 8-26.2(5) Ornamental Fence The ornamental fence shall be the Impasse II Gauntlet 2 Rail Metal Fence from Ameristar Fence or the contractor shall provide a proposal for an approved equal. The color shall be color 8 Black with a powder coat finish. 8-26.2(6) Fay Fuller Laser Etched Panel The Fay Fuller etched panel shall be manufactured from a single sheet of 0.02 0 inch anodized aluminum. Attach the sign to the Ornamental fence using tamper proof bolts. Etched image is shown on the plans. Exact image will be provided upon request. 8-26.2(7) Welcom e Sign Materials for welcome sign shall be sandblasted high density urethane sign secure to CMU. The Contractor shall submit to the Engineer the proposed sign for their approval prior to construction. 8-26.2(8) Banner Pole & Assembly Materials for the Banner Pole shall conform with the contract plans and section 9-29.6(1)B of these special provisions. Turnbuckle and mounting fons shall be galvanized steel fittings, use 3/16 inch aircraft cable for stationary cable top and bottom. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 120 PART 6. T ECHNICAL SPECIFICATIONS 8-26.2(9) Bench Materials for the proposed bench shall be Wausau Tile, Product TF5037 Concrete Tech Bench or an approved equal with the following characteristics: Style: 8' concrete tech bench with smooth, straight styling. Acid Wash, Color: A38 Night, Length: 96", Width: 18", and Height: 16" Weight: 1150 lbs. Material: Concrete Shape: Rectangle Anchoring: Includes (4) 1/2" threaded inserts on bottom for anchoring Reinforcement: Yes The Contractor shall coordinate with the manufacturer to acquire this product and submit materials to the Engineer for approval. 8-26.3 Construction Requirements 8-26.3(1) Pervious Pavers Previous Pavers shall be constructed and placed on top of a subgrade conforming to the sections shown in the contract plans and shall be constructed in the location found on the contract plans. 8-26.3(2) Trash Enclosures Trash Enclosures shall be constructed in accordance with the contract plans and shall be constructed in the location found on the contract plans. 8-26.3(3) Concrete Seat Wall Concrete Seat Walls shall be constructed in accordance with the contract plans and shall be constructed in the location found on the contract plans. 8-26.3(4) Aluminum Planter Aluminum Planters shall be constructed in accordance with the manufacturers specifications and shall be constructed in the location found on the contract plans. 8-26.2(5) Ornamental Fence Ornamental fence shall be constructed in accordance with the recommendations and the contract documents at locations indicated on the plans. Included in the materials for this fence will also be a square frame that can hold an informational placard. The frame is specified in the contract plans. 8-26.3(6) Fay Fuller Laser Etched Panel The Fay Fuller Laser Etched Panel shall be coordinated with the city and submitted for review and shall be City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 121 PART 6. T ECHNICAL SPECIFICATIONS 8-26.3(7) Welcome Sign Welcome Sign as specified in the contract plans shall be constructed in accordance with the manufacturers specifications and shall be constructed in the location found on the contract plans. 8-26.3(8) Banner Po le & Assembly Banner Pole & Assembly as specified in the contract plans shall be constructed in accordance with section 9-29.6(1)B of these specifications and shall be constructed in the location found on the contract plans. The banner pole footings shall be constructed in accordance with the plans to include, reinforcement, anchor bolts, grounding clamp and conductor. 8-26.3(9) Bench Benches as specified in the contract plans shall be constructed in accordance with the manufacturers specifications and shall be constructed in the location found on the contract plans. 8-26.5 Paymen t The unit contract price per square yard for Pervious Pavers equipment, and materials necessary or incidental construction per the Contract Plans. Trash Enclosure at____________ The unit contract price per lump sum Trash Enclosure at__________ all labor, tools, equipment, and materials necessary, to include, but not limited to, concrete footing, sta n dard concrete inside slab, split face CMU, reinforcement, grout, sloped cap and other incidental construction per the Contract Plans. Concrete foot. The unit contract price per linear foot for , Concrete Seat Wall per linear feet shall be full compensation for all labor, tools, equipment, and materials necessary or incidental to construction per the Contract Plans. Aluminum Planter. The unit contract price per each for, Planter shall be full compensation for all labor, tools, equipment, and materials necessary or incidental to construction per the Contract Plans. Ornamental Fence per linear foot. The unit contract price per linear foot for, Ornamental Fence shall be full compensation for all labor, tools, equipment, and materials necessary or incidental to construction per the manufacturer and the Contract Plans including concrete foundation and informational placard frame as shown in the Co ntract P lans. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 122 PART 6. T ECHNICAL SPECIFICATIONS The contractor shall submit all materials for the proposed fence for the Engineer to review prior to ordering and construction. The unit contract price per Fay Fuller Laser Etched Panel purchasing anodized aluminum sheet, laser etching exact detail provided by the City of Yelm, tamper- proof fastening bolts, attachment to the Ornamental fence and all labor, tools, and equipment necessary or incidental construction per the Contract Plans. Welcome Sign. The unit contract price per each for , Welcome Sign shall be full compensation for all labor, tools, equipment, and materials necessary or incidental to construction per the Contract Plans. le & , per lump sum. The lump sum unit price for Banner Po le & Assembly s hall be full compensation for all labor, tools, equipment, and materials necessary or incidental to construction per the Contract Plans to construct the complete banner pole and assembly including two posts, associated concrete footings, coating. Turnbuckle, cables and other items of work required in the plans. The unit contract price per each for, Bench s hall be full compensation for all labor, tools, equipment, and materials necessary or incidental to construction per the Contract Plans. Add the following new section: 8-2 7 JOINT UTILITY TRENCH 8-27.1 Description This work includes the undergrounding of overhead power and the joint trenching of power and communication conduit through the project for Puget Sound Energy (PSE), Comcast and Light Curve. The Contractor shall provide all conduit, junction boxes, and vaults for PSE, Comcast and Light Curve p er the Plans. The Contractor shall be responsible for installing conduits and vaults; the utility providers will be responsible for installing wiring and cabling. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 123 PART 6. T ECHNICAL SPECIFICATIONS 8-27.1(1) Regulations and Codes Installation of all electrical and telecommunication vaults and ducts shall conform to the appropriate sections of the latest editions of the following standards and codes: National Electrical Code (NEC) National Electric Safety Code (NESC) Underwriters Laboratories (UL) American Association of State Highway and Transportation Officials (AASHTO) National Electrical Contractors Association (NECA) In all cases, the Contractor shall install a complete and operable system in compliance with the plans and specifications. The Contractor shall also coordinate and obtain inspections and approvals form the various utilities, Project Engineer, and from the local Authorities Having Jurisdiction (AHJ) prior to duct and vault burial. 8-2 7.2 Materials All conduit, junction boxes, and vaults shall be purchased by the contractor for the joint utility trench. The contractor shall verify the material needs from Puget Sound Energy, Lightcurve, and Comcast for their conduit and structure needs per the contract plans. The Contractor is responsible for excavation, hauling, and backfilling the joint utility trench. The contractor shall also provide certificates that demonstrate that the materials are BABA complian t. 8-27.3 Construction Requirements The joint utility trench for power and communication conduit shall be constructed as shown on the contract plans. Potholing will be conducted to ensure that the horizontal location and the vertical placement of the trench does not conflict with existing utilities. The Contractor shall coordinate with utility owners who are impacted by the work to ensure that all utilities are not interrupted in their service during construction. If construction impacts utilities other than the utilities shown on the plans, the contractor shall confirm with the Engineer and the impacted utility owner pri or to conducting any work outside of the contract plans. Where shown in the Plans, or directed by the Engineer, existing utility vaults shall be adjusted to finish grade by adjusting the existing utility to finish grade. Adjustment of utility vaults b y this method shall result in a finished product that is true to line and grade City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 124 PART 6. T ECHNICAL SPECIFICATIONS 8-27.3(1) Underground Service Connection Conversions The Contractor shall be responsible for coordinating with PSE, Comcast, and Lightcurve to provide underground services to the following addresses: 1.113 E YELM AVE 2.105 2ND ST SE 3.201 E YELM AVE 4.106 2ND ST SE 5.207 E YELM AVE 6.208 Washington ST For each service connection conversion, the contractor shall remove overhead components from the previous overhead connection to the satisfaction of the property owner. For each service connection, the contractor shall work with an electrician to provide Type 2 Drawings for review by the engineer prior to installation of the service. Electricians shall be licensed with a valid electrician certificate issued by L&I and comply with L&I electrical requirements. Electrician shall coordinate with PSE to inspect the service once install prior to approval. Prior to installation of the service connections, the contractor shall notify the businesses and residents 48 hours prior to the work and shall notify them of power impacts due to their work. The contractor shall d visit the site during the bidding to become familiar with existing conditions. 8-27.3(2) Utility Vaults The Contractor shall be responsible furnishing and installing the vaults as shown in the contract plans. The Contractor shall coordinate with PSE, Comcast and Lightcurve. These utility providers will be responsible for install ing their underground fiber and wire. The contractor shall suspend work for PSE, Lightcurve and Comcast to install their wiring and communication lines. 8-27.4 Measurement plans. necessary to convert the connection from overhead to underground for power service from PSE and communication services from comcast and light curve and to r emove overhead connections components from previous overhead connections. , will be measured per each unit adjusted to finish grade. Adjust Light Curve Utility Vault, will be measured per each unit adjusted to finish grade. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 125 PART 6. T ECHNICAL SPECIFICATIONS Furnish and Install PSE Utility_______________ placing all PSE Transformers, Vaults, Junction Boxes, and Handholes. Furnish and preparation and installation all Lightcurve Handholes. Furnish and preparation for installation all Comcast Handholes. 8-27.5 Payment The unit Contract price per linear foot for shall be full pay for furnishing all pipe, pipe connections, elbows, bends, caps, reducers, conduits, unions, and fittings; for placing the pipe in accordance with the above provisions, Standard Specifications and PSE Schedule 74 requirements, including all excavation, jacking, or drilling required, backfilling of any voids around casing, conduits, pits, or trenches; restoration of native vegetation disturbed by the operation, chipping of pavement, and bedding of the pipe; and all other Work nec essary for the construction of the conduit. The unit Contract price per linea r foot for shall be full pay for furnishing all pipe, pipe connections, elbows, bends, caps, reducers, conduits, unions, and fittings; for placing the pipe in accordance with the above provisions, Standard Specifications, including all excavation, jacking, or drillin g required, backfilling of any voids around casing, conduits, pits, or trenches; restoration of native vegetation disturbed by the operation, chipping of pavement, and bedding of the pipe; and all other Work necessary for the construction of the conduit. The unit shall be full pay for furnishing all pipe, pipe connections, elbows, bends, caps, reducers, conduits, unions, and fittings; for placing the pipe in accordance with the above provisions, Standard Specifications, including all excavation, jacking, or drillin g required, backfilling of any voids around casing, conduits, pits, or trenches; restoration of native vegetation disturbed by the operation, chipping of pavement, and bedding of the pipe; and all other Work necessary for the construction of the conduit. trenching and backfilling and any tools or other required materials to provide conversion of overhead service connections to underground. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 126 PART 6. T ECHNICAL SPECIFICATIONS per each. The unit Contract price per each for shall be full pay for all costs necessary to make the adjustment including temporary lowering and final adjustments, locating, backfilling and restoration of adjacent areas in a manner acceptable to the Engineer Adjust Light Curve Utility Vault, per each. The unit Contract price per each for Adjust Light Curve Utility Vault, shall be full pay for all costs necessary to make the adjustment including temporary lowering and final adjustments, locating, backfilling and restoration of adjacent areas in a manner acceptable to the Engineer Furnish and Install The unit Contrac t price per each for Furnish and shall be full compensation for preparation excavation and bedding required to prepare and area for the PSE required vault, junction box, and transformer and handholes. Furnish and The unit Contract price per each for Furnish and shall be full compensation for preparation excavation and bedding required to prepare and area for the lightcurve required handhole. Furnish and The unit Contract p rice per each for Furnish and -shall be full compensation for preparation excavation and bedding required to prepare and area for the Comcast required handhole. END OF DIVISION 8 City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 127 PART 6. T ECHNICAL SPECIFICATIONS (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 128 PART 6. T ECHNICAL SPECIFICATIONS DIVISION 9 MATERIALS 9 03 AGGREGATES 9-03.9 Aggregates for Ballast and Crushed Surfacing 9-03.9(2) Permeable Ballast (July 15, 2026 APWA GSP) Section 9-03.9(2) is supplemented with the following: Permeable Ballast For Pervious Applications Permeable ballast shall meet the requirements of Section 9-03.9(1) for ballast except for the following special requirements. The grading and quality requirements are: All percentages are by weight. The sand equivalent value and dust ratio requirements do not apply. Los Angeles Wear, 500 Rev. 30% maximum Degradation Factor 30 minimum The fracture requirement shall be at least two (2) fractured faces and will apply to the combined aggregate retained on the No. 4 sieve in accordance with WSDOT FOP for AASHTO T 335. The minimum void ratio of the aggregate shall be 30 percent as determined by AASHTO T 19. Permeable ballast material may be conditionally approved based on Contractor submitted sampled materials prior to delivery to the site. Final Acceptance will be based on conformance testing completed on material that has been delivered, installed, and comp acted on site. The exact point of acceptance will be determined by the Engineer. Material out of conformance with the project City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 129 PART 6. T ECHNICAL SPECIFICATIONS 2 MASONARY UNITS 9-1 2.3 Gravity Block Wall (*****) Add this Section: Except as otherwise specified, gravity block wall blocks will be accepted by the Engineer based on visual inspection only, with no minimum compressive strength and no air content requirements for the concrete used in the block. Gravity block wall blocks for permanent walls shall be cast with Class 3000 concrete, conforming to the air content requirements of Section 6-02.3(2)A. Commercial concrete shall not be used. Gravity block wall blocks for permanent walls of these heights w ill be accepted based on visual inspection, and conformance to Section 6-02.3(9) and the specified concrete strength and air content requirements. Gravity Blocks shall be only one of the following wall systems. The Contractor shall make arrangements to purchase the concrete blocks and all necessary incidentals from the source identified with each wall system: Allan Block Wall Allan Block Wall is a registered trademark of the Allan Block Corporation Allan Block Corporation 7424 W 78th Street Bloomington, MN 55439 (800) 899-5309 FAX (952) 835-0013 www.allanblock.com GEOWALL Structural Earth Retaining Wall System GEOWALL is a registered trademark of Basalite Concrete Products, LLC Basalite Concrete Products LLC 3299 International Place DuPont, WA 98327-7707 (800) 964-9424 FAX: (253) 964-5005 www.basalite.com City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 130 PART 6. T ECHNICAL SPECIFICATIONS Redi-Rock Positive Connection System Redi-Rock Positive Connection System is a registered trademark of Redi-Rock International, LLC Redi-Rock International, LLC 05481 US 31 South Charlevoix, MI 49720 (866) 222-8400 FAX (231) 237-9521 www.redi-rock.com Mesa Wall Mesa Wall is a registered trademark of Tensar Corporation Tensar Corporation 2500 Northwinds Parkway Suite 500 Atlanta, GA 30009 (770) 334-2090 FAX (678) 281-8546 www.tensarcorp.com Landmark Retaining Wall System Landmark Retaining Wall System is a registered trademark of Anchor Wall Systems, Inc. Anchor Wall Systems, Inc. 5959 Baker Road, Suite 390 Minnetonka, MN 55345-5996 (877) 295-5415 FAX (952) 979-8454 www.anchorwall.com KeyGrid Wall KeyGrid is a registered trademark of Keystone Retaining Wall Systems, Inc. Keystone Retaining Wall Systems, Inc. 4444 West 78th Street Minneapolis, MN 55435 (800) 747-8971 FAX (952) 897-3858 www.keystonewalls.com City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 131 PART 6. T ECHNICAL SPECIFICATIONS EROSION CONTROL AND ROADSIDE PLANTING 9-14.2 Topsoil 9-14.2(1) Topsoil Type A (*****) Section 9-14.2(1) Topsoil Type A shall be supplemented by the following: Topsoil Type A shall be composed of a three way soil mix consisting of: 2 parts Sandy Loam topsoil 2 parts Compost 3 parts Sand Soil shall be classified as gravelly sand, well-graded sand, poorly graded sand, or silty sand. Compost shall be a weed free well decomposed, humus-like material derived from the decomposition of grass clippings, leaves, branches, wood, and other organic materials. Compost shall be produced at a permitted solid waste composting facility (Composts co ntaining shavings, cedar sawdust, or straw will not be permitted. Sand shall consist of 100 percent passing the 3/8 inch sieve, minimum 95 percent passing the #4 sieve, and maximum of 5 percent passing the #100 sieve. Topsoil shall meet the following requirements: Screen Size (approximate particle size) Maturity measure (C:N ratio) 30:1 Total Nitrogen 0.5% minimum PH range 5.5-8.0 Foreign matter by dry weight 1% maximum The Contractor shall provide a sample of the topsoil and a laboratory analysis with recommendations from the laboratory for desired additives for the Engineers approval. The Contractor shall incorporate any additives recommended by the laboratory. 9-14.4 Fertilizer (*****) Section 9-14.4 is supplemented with the following: Fertilizer shall be 1 pound nitrogen from ammonium sulfate, 0.5 pound water insoluble organic nitrogen, 2 pounds of phosphorous, and 2 pounds of potassium per 1,000 square feet, or a 10-20- 20 turf fertilizer mix at 435 pounds per acre with 60 pounds of water insoluble organic nitrogen per acre. Fertilizer for Trees and Shrubs shall be granular, tablet, or spikes applied at a rate recommended by the manufacturer for the size of the plant or as directed by the Engineer. Fertilizer shall be a 20-10-5 plant mix with 7% water soluble organic nitrogen and 13% water insoluble organic nitrogen or as approved by the Engineer. All trees shall have an application of beneficial City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 132 PART 6. T ECHNICAL SPECIFICATIONS -Step by Verdicon, Inc. or approved equal. 9-14.4(3) Bark or Wood Chip Mulch (*****) Supplement this section with the following: Bark mulch shall be medium grade composted ground fir or hemlock bark. The bark shall be uniform in color, free from weed seeds, sawdust and splinters. The mulch shall not contain resin, tannin, wood fiber or other compounds detrimental to plant life. The moisture content of bagged mulch shall not exceed 22%. The acceptabl e size range of bark mulch material is ½-inch to 1-inch with maximum of 20% passing the ½-inch screen. 9-29 ILLUMINATION, SIGNALS, ELECTRICAL 9-29.2 Junction Boxes, Cable Vaults, and Pull Boxes (September 3, 2019) Supplement this section with the following: Slip-Resistant Surfacing for Junction Boxes, Cable Vaults, and Pull Boxes Where slip-resistant junction boxes, cable vaults, or pull boxes are required, each box or vault shall have slip-resistant surfacing material applied to the steel lid and frame of the box or vault. Where the exposed portion of the frame is ½ inch wide or less, slip-resistant surfacing material may be omitted from that portion of the frame. Slip-resistant surfacing material shall be identified with a permanent marking on the underside of each box or vault lid where it is applied. The permanent marking shall be formed with a mild steel weld bead, with a line thickness of at least 1/8 inch. T he marking shall include a two character identification code for the type of material used and the year of manufacture or application. The following materials are approved for application as slip-resistant material, and shall use the associated identifica tion codes: 1.Harsco Industrial IKG, Mebac #1 - Steel: M1 2.W. S. Molnar Co., SlipNOT Grade 3 Coarse: S3 3.Thermion, SafTrax TH604 Grade #1 Coarse: T1 9-29.4 Messenger Cable, Fittings (*****) This section is supplemented with the following: Messenger cable systems shall be per the overhead string light system manufacturer recommendations. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 133 PART 6. T ECHNICAL SPECIFICATIONS 9-29.6 Light and Signal Standards 9-29.6(1) Steel Light and Signal Standards (*****) Add the following new section: 9-29.6(1)A Decorative Light Standards The decorative catenary poles should have the following characteristics: Poles: Poles shall be constructed of seamless extruded tube of 6063 Aluminum Alloy per the -length heat treated after base weld to product a T6 temper. Pole shall be designed to meet AASHT O 2015 LRFDLTS to accept Cooper Lighting Traditional Arm & Epic luminaire. Pole shall include eyebolts with rods to accept TMB lighting firefly catenary fixtures. powder coated in Jet Black (RAL #9005). Pole includes a lifetime warranty, and 5 year warranty on finish. Base Cover: Shall be Hapco Nationwide t wo-piece aluminum b ase c over made of aluminum alloy 356. Clamshell base shall be installed - shall be powder coated Jet B lack (RAL #9005 TX). Luminaire Arm: constructed of cast aluminum and shall include a precision welded cast aluminum mounting hub to accept a Cooper Epic Luminaire via four stainless steel fasteners. Arm shall be 35-7/1 30-d Jet Black (RAL #9005 TX). (*****) Add the following new section: 9-29.6(1)B Banner Po le & Assembly Poles: inspection of structural shall be in accordance with requirements of Washington State Department of Transportation standard specification section 6-03.3(25) and 2015 AASHTO weld inspection section 14.4.4.8. Pole shall be designed to meet AASHTO 2015 LRFDL TS Edition for a 115MPH wind velocity and mean galvanized and powder coated Jet Black (RAL #9005TX). Base Cover: - Cover shall be powder coated Jet Black (RAL #9005 TX). City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 134 PART 6. T ECHNICAL SPECIFICATIONS 9-29.8 Vacant (*****) Delete this section and replace it with the following: 9-2 9.8 Power Bollards The power b ollards shall be the following: Hess T oro 1200 Power Bollard 9-26.10 Luminaires (*****) Supplement this section and replace with the following: Luminaires shall be the following decorative style fixtures as specified on the Plans: Cooper Lighting Fixture: BABA-MEM2-H S N-VA-6 0-730-U-M Q-CO-)-CL-BK Luminaire housing shall be powder coated Jet Black (RAL #9005). 9-29.10(2) Vacant (*****) Delete this section and replace with the following: 9-29.10(2) Overhead String Lighting Catenary Lighting: Shall be self- Connection point between poles will be supported by aircraft cable provided by installer. Bulbs to apply a think coat of silicone grease to lamps metal screw base. 9-29.24 Service Cabinets Supplement this section with the following: A copy of the wiring diagram shall be provided in a plastic holder mounted conveniently inside the service cabinet. Nameplates shall be provided for each control component and shall be embossed phenolic with white letters on black background. The electrical service cabinet shall be equipped with a top of the cabinet mounted photocell. Cabinet shall be constructed from anodized aluminum. Cabinet shall be painted white on the inside. The service cabinet wiring shall be arranged so that any piece of apparatus may be removed without disconnecting any wiring except the lead to that piece of apparatus. All wiring shall be appropriately marked with a permanent, indelibly marked, clip sleeve wire marker. The service cabinet panel board shall be as specified in the Panel Schedule in the Plans. City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 135 PART 6. T ECHNICAL SPECIFICATIONS There shall be space within the cabinet for the future addition of 3 lighting contactors. Each service cabinet door shall be equipped with 3-point latch and provisions for a padlock. The service cabinet must meet current PSE requirements and it will be the responsibility of the Contractor to confirm equipment meets their requirements. The cabinet shall meet all applicable provisions of Labor and Industries and shall be labeled for service entrance use. The service cabinets shall be powered coated Jet Black (RAL #9005). 9-29.24(1) Electrical Dimmer Switch The Contractor shall have a dimmer switch inside the proposed electrical service cabinet to allow the pedestrian scale luminaire circuits to be dimmed. Dimmer switch installation shall be coordinated with cabinet manufacturer. END OF D I VISION 9 City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provision s 136 PART 7. WAGE RATES PART 7. WAGE RATES FEDERAL DAVIS-BACON WAGE RATES STATE OF WASHINGTON PREVAILING WAGE RATES Wage Rate Supplements Wage Rate Benefit Code Key City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions Page | 211 PART 7. WAGE RATES (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions Page | 212 Washington State Department of Labor and Industries Policy Statement (Regarding the Production of "Standard" or "Non-standard" Items) WSDOT's Predetermined List for Suppliers -Manufactures -Fabricator ITEM D E SCRIPTION YES NO X X X X X X X I TEM DESCRIPTION YES NO X X X X X X X X X I TEM DESCRIPTION YES NO X X X X X X X X X X I TEM DESCRIPTION YES NO X X X X X X X I TEM DESCRIPTION YES NO X X X X X X X X I TEM DESCRIPTION YES NO NOTE: X X X X X X X X X X X I TEM DESCRIPTION YES NO X X X X X X X X X X X P refabrica t ed items specifically produced for public works projects that are prefabricated in a county other than the county wherein the public works project is to be completed, the wage for the offsite prefabrication shall be the applicable prevailing wage for the county in which the actual prefabrication takes place. It is the manufacturer of the prefabricated product to verify that the correct county wage rates are applied to work they perform. See RCW 3 9.12.010 (The definition of "locality" in RCW 39.12.010(2) contains the phrase "wherein the physical work is being performed." The department interpret s t his phrase to mean the actual work site. W SDOT's List of State Occupations not applicable to Heavy and Highway Construction Projects This project is subject to the state hourly minimum rates for wages and fringe benefits in the contract provisions, as provided by the state Department of Labor and Industries. The following list of occupations, is comprised of those occupations that are not normally used in the construction of heavy and highway projects. When considering job classifications for use and / or payment when bidding on, or building heavy and highway construction projects for, or administered by WSDOT, these Occupations will be excepted from the included "Washington State Prevailing Wage Rates F or Public Work Contracts" documents. Building Service Employees Electrical Fixture Maintenance Workers Electricians -Motor Shop Heating Equipment Mechanics Industrial Engine and Machine Mechanics Industrial Power Vacuum Cleaners Inspection, Cleaning, Sealing of Water Systems by Remote Control Laborers -Underground Sewer & Water Machinists (Hydroelectric Site Work) Modular Buildings Playground & Park Equipment Installers Power Equipment Operators -Underground Sewer & Water Residential *** ALL ASSOCIATED RATES *** Sign Makers and Installers (Non-Electrical) Sign Makers and Installers (Electrical) Stage Rigging Mechanics (Non Structural) The following occupations may be used only as outlined in the preceding text concerning "WSDOT's list for Suppliers -Manufacturers -Fabricators" Fabricated Precast Concrete Products Metal Fabrication (In Shop) Definitions for the Scope of Work for prevailing wages may be found at the Washington State Department of Labor and Industries web site and in WAC Chapter 296-127. Washington State Department of Labor and Industries Policy Statements (Regarding Production and Delivery of Gravel, Concrete, Asphalt, etc.) WAC 296-127-018 Agency filings affecting this section Coverage and exemptions of workers involved in the production and delivery of gravel, concrete, asphalt, or similar materials. Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 ************************************************************************************************************ Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker. On public works projects, the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits ac tually provided for the worker. 1.ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES T HE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays sh all be paid at double the hourly rate of wage. D. The first two (2) hours before or after a five-eight (8) hour workweek day or a four-ten (10) hour workweek day and the first eight (8) hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overt ime hours worked, except Labor Day, shall be paid at double the hourly rate of w age. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a f ifth calendar weekday in a four- ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at doubl e the hourly rate of wage. I.All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, Sundays an d holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wag e. 1 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Overtime Codes Continued 1. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays, holidays and after twelve (12) hours, Monday through Friday and after ten (10) hours on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at th ree times the hourly rate of wage. V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, Sund ays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee) and all hours worked in excess of eight (8) hours per day (10 hours per day for a 4 x 10 workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until t hey have worked 8 hours in a day (10 in a 4 x 10 workweek) or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. 2 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Overtime Codes Continued 2.ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight (8) hours on holidays shall be paid at double the hourly rate of wage. M.This code appears to be missing. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. 3.ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. F.All hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourl y rate of wage including holiday pay. H. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at two (2) times the regular rate of pay. Work performed on Sundays between October 15th and March 15th shall be compensated at one and one half (1-1/2) times the regular rate of pay. J. All hours worked between the hours of 10:00 pm and 5:00 am, Monday through Friday, and all hours worked on Saturdays shall be paid at a one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hou rly rate of wage. K. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal 5 a m to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays, and all hours worked in excess of twelve (12) hours in a single shift sh all be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. When an employee returns to work without at least eight (8) hours time off since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until he/she shall have the eight (8) hours rest period. 3 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Overtime Codes Continued 4.ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage C. On Monday through Friday, the first four (4) hours of overtime after eight (8) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay, unless a four (4) day ten (10) hour workweek has been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday, the first two (2) hours of overtime after ten (10) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pa y. On Saturday, the first twelve (12) hours of work shall be paid at one and one half (1-1/2) times the straight time rate of pay, except that if the job is down on Monday through Friday due to weather conditions or other conditions outside the control of the employer, the first ten (10) hours on Saturday may be worked at the straight time rate of pay. All hours worked over twelve (12) hours in a day and all hours worked on Sunday and Holidays shall be paid at two (2) times the straight time rate of pay. D. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturday, Sundays and holidays shall be paid at double the hourly rate of pay. Rates include all members of the assigned crew. EXCEPTION: On all multipole structures and steel transmission lines, switching stations, regulating, capacitor stations, generating plants, industrial plants, associated installations and substations, except those substations whose primary function is to feed a distr ibution system, will be paid overtime under the following rates: The first two (2) hours after eight (8) regular hours Monday through Friday of overtime on a regular workday, shall be paid at one and one-half times the hourly rate of wage. Al l hours in excess of ten (10) hours will be at two (2) times the hourly rate of wage. The first eight (8) hours worked on Saturday will be paid at one and one-half (1-1/2) times the hourly rate of wage. All hours worked in excess of eight (8) hours on Satu rday, and all hours worked on Sundays and holidays will be at the double the hourly rate of wage. All overtime eligible hours performed on the above described work that is energized, shall be paid at the double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The Monday or Friday n ot utilized in the normal four- day, ten hour work week, and Saturday shall be paid at one and one half (1½) times the regular shift rate for the first eight (8) hours. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. G. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I.The First eight (8) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of eight (8) per day on Saturdays shall be paid at double the hourly rate of wage. All hours worked on Sundays and ho lidays shall be paid at double the hourly rate of wage. 4 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Overtime Codes Continued 4. J. The first eight (8) hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of eight (8) hours on a Saturday shall be paid at double the hourly rate of wage. All hours worked over twelve (12) in a day, and all hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. K. All hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage, so long as Saturday is the sixth consecutive day worked. All hours worked over twelve (12) in a day Monday through Saturday, and all hours worked on Sundays an d Holidays shall be paid at double the hourly rate of wage. L. The first twelve (12) hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on a Saturday in excess of twelve (12) hours shall be paid at double the hourly rate of pay. All hours worked over twelve (12) in a day Monday through Friday, and all hours worked on Sundays shall be paid at d ouble the hourly rate of wage. All hours worked on a holiday shall be paid at one and one-half times the hourly rate of wage, except that all hours worked on Labor Day shall be paid at double the hourly rate of pay. S. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday, work performed in excess of (10) hours shall be paid at one and one half (1-1/2) times the hourly rate of pay. On Monday through Friday, work performed o utside the normal work hours of 6:00 a.m. and 6:00 p.m. shall be paid at one and one-half (1-1/2) times the straight time rate, (except for special shifts or multiple shift operations). All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed on Sundays and holidays shall be paid at double the hourly rate of wage. When an employee returns to work without at least eight (8) hours tim e off since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. Multiple Shift Operations: When the first shift of a multiple sh ift (a two or three shift) operation is started at the basic straight time rate or at a specific overtime rate, all shifts of that day's operation shall be completed at that rate. Specia l Shifts: The Special Shift Premium is the basic hourly rate of pay pl us $2.00 an hour. When due to conditions beyond the control of the employer or when an owner (not acting as the contractor), a government agency or the contract specifications require more than four (4) hours of a special shift can only be performed outsid e the normal 6am to 6pm shift then the special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a special shift, they shall be paid the special shift premium for each hour worked unless they are in ov ertime or double-time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday). U. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. (Except on makeup days if work is lost due to inclement weather, then the first eight (8) hours on Saturday may be paid the regular rate.) All hours worked over twelve (12) hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 5 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Overtime Codes Continued 4. X. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Work performed outside the normal shift of 6 am to 6pm shall be paid at one and one-half the straight time rate, (except for special shifts or three shift operations). All work performed on Sundays and holidays shall be paid at double the hourly rate of wage. Shifts may be established when considered necessary by the Employer. The Employer may establish shifts consisting of eight (8) or ten (10) hours of work (subject to WAC 296-127-022), that shall constitute a normal forty (40) hour work week. The Employer can change from a 5-eight to a 4-ten hour schedule or back to the other. All hours of work on these shifts shall be paid for at the straight time hourly rate. Work performed in excess of eight hours (or ten hours per day (subject to WAC 296-127-022) shall be paid at one and one- half the straight time rate. When due to conditions beyond the control of the Employer, or when contract specifications require that work can only be performed outside the regular day shift, then by mutual agreement a special shift may be worked at the straight time rate, eight (8) ho urs work for eight (8) hours pay. The starting time shall be arranged to fit such conditions of work. When an employee returns to work without at a break of eight (8) hours since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. Overtime Codes Continued 11. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B After an employ ee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. C The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day, and all hours on Sund ay shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. All non-overtime and non-holiday hours worked between 4:00 pm and 5:00 am, Monday through Friday, shall be paid at a pr emium rate of 15% over the hourly rate of wage. D. All hours worked on Saturdays and holidays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. E. The first two (2) hours after eight (8) regular hours Monday through Friday, the first ten (10) hours on Saturday, and the first ten (10) hours worked on Holidays shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, and Sundays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime rate until such time as the employee has h ad a break of eight (8) hours or more. 6 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Overtime Codes Continued 11. F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on S undays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The Monday or Friday not utilized in the normal four- day, ten hour work week, and Saturday shall be paid at one-half times the hourly rate of wage for the first eight (8) hours. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. G. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal 5 a m to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays, and all hours worked in excess of twelve (12) hours in a single shift shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as t he employee has had a break of nine (9) hours or more. When an employee returns to work without at least nine (9) hours time off since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until he/she shall have the nine (9) hours rest period. H. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal 5 a m to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays, and all hours worked in excess of twelve (12) hours in a single shift shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of ten (10) hours or more. When an employee returns to work without at least ten (10) hours time off since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until he/she shall have the ten (10) hours rest period. J. All hours worked on holidays shall be paid at double the hourly rate of wage. K. O n Monday through Friday hours worked outside 4:00 am and 5:00 pm, and the first two (2) hours after eight (8) hours worked shall be paid at one and one-half times the hourly rate. All hours worked over 10 hours per day Monday through Friday, and all hours worked on Saturdays, Sundays, and Holidays worked shall be paid at double the hourly rate of wage. L. An employee work ing outside 5:00 am and 5:00 pm shall receive an additional two dollar ($2.00) per hour for all hours worked that shift. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. 7 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Overtime Codes Continued 11. M. On Monday through Friday, the first four (4) hours of overtime after eight (8) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay, unless a four (4) day ten (10) hour workweek has been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday, the first two (2) ho urs of overtime after ten (10) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay. Work performed outside the normal work hours of 5:00 a.m. and 6:00 p.m. shall be paid at one and one-half (1-1/2) times the straight time rate, (except for special shifts or multiple shift operations). When the first shift of a multiple shift (a two or thr ee shift) operation is started at the basic straight time rate or at a specific overtime rate, all shifts of that day's operation shall be completed at that rate. When due to conditions beyond the control of the Employer or when contract specifi cations require that work can only be performed outside the regular day shift of 5:00 am to 6:00 pm, then a special shift may be worked at the straight time rate, plus the shift pay premium when applicable. The starting time of work will be arranged to fit such conditions of work. Such shift shall consist of eight (8) hours work for eight (8) hours pay or ten (10) hours work for ten (10) hours pay for four ten shifts. On Saturday, the first twelve (12) hours of work shall be paid at one and one half (1-1/2) times the straight time rate of pay. All work performed after 6:00 pm Saturday to 5:00 am Monday, all work performed over twelve (12) hours, and all work performed on holidays shall be paid at double the straight time rate of pay. Shift Pay Premium: In an addition to any overtime already required, all hours worked between the hours of 6:00 pm and 5:00 am shall receive an additional two dollars ($2.00) per hour. N. All work performed over twelve hours in a shift and all work performed on Sundays and Holidays shall be paid at double the straight time rate. Any time worked over eight (8) hours on Saturday shall be paid double the straight time rate, except employees assigned to work six 10-hour shifts per week shall be paid double the straight time rate for any time worked on Saturday over 10 hours. O. All work performed on Saturdays, Sundays, and Holidays shall be paid at one and one half (1-1/2) times the straight time rate of pay. 8 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Overtime Codes Continued 11. P. Work performed in excess of ten (10) hours of straight time per day when four ten (10) hour shifts are established and all work on Saturdays, except for make-up days shall be paid at time and one-half (1 ½) the straight time rate. Work performed outside the normal work hours of 5:00 a.m. and 6:00 p.m. shall be paid at one and one-half (1-1/2) times the straight time rate, (except for special shifts or multiple shift operations). When the first shift of multiple shift (a two or three shift) operation is started at the basic straight time rate or at a specific overtime rate, all shifts of that day’s operation shall be completed at that rate. When due to conditions beyond the control of the Employer or when contract specifications requi re that work can only be performed outside the regular day shift of 5:00 a.m. to 6:00 p.m., then a special shift may be worked at the straight time rate, plus the shift pay premium when applicable. The starting time of work will be arranged to fit such con ditions of work. Such shifts shall consist of eight (8) hours work for eight (8) hours pay or ten (10) hours work for ten (10) hours pay for four ten-hour shifts. In the event the job is down due to weather conditions, then Saturday may, be worked as a voluntary make-up day at the straight time rate. However, Saturday shall not be utilized as a make-up day when a holiday falls on Friday. All work performed on Sunday s and holidays and work in excess of twelve (12) hours per day shall be paid at double (2x) the straight time rate of pay. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. When an employee returns to work without a break of eight (8) hours since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. Q. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium rate of 35% over the hourly rate of wage. Work performed on Sundays shall be paid at double time. All hours worked on holidays shall be paid at d ouble the hourly rate of wage. R On Monday through Saturday hours worked outside 6:00 am and 7:00 pm, and all hours after eight (8) hours worked shall be paid at one and one-half times the hourly rate. All hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. When a holiday falls on a Sa turday, the Friday before shall be the observed holiday. When a holiday falls on a Sunday, the following Monday shall be the observed holiday. S. The first ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. In the event the job is down due to weather conditions, or other conditions beyond the control of the Employer, then Saturday may be worked at the straight time rate, for the first eight (8) hours, or the first ten (10) hours when a four day ten hour workweek has been established. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. When an employee returns to work without a break of eight (8) hours since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. 9 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Overtime Codes Continued 11. T. On Monday through Friday, the first four (4) hours of overtime after eight (8) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay, unless a four (4) day ten (10) hour workweek has been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday, the first two (2) hours of overtime after ten (10) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay. On Saturday, the first twelve (12) hours of work shall be paid at one and one half (1-1/2) times the straight time rate of pay, except that if the job is down on Monday through Friday due to weather conditions or other conditions outside the control of th e employer, the first ten (10) hours on Saturday may be worked at the straight time rate of pay. All hours worked over twelve (12) hours in a day and all hours worked on Sunday and Holidays shall be paid at two (2) times the straight time rate of pay. U. On Monday through Friday, the first four (4) hours of overtime after eight (8) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay, unless a four (4) day ten (10) hour workweek has been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday, the first two (2) hours of overtime after ten (10) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay. On Saturday, the first twelve (12) hours of work shall be paid at one and one half (1-1/2) times the straight time rate of pay, except that if the job is down on Monday through Friday due to weather conditions or other conditions outside the control of the employer, the first ten (10) hours on Saturday may be worked at the straight time rate of pay. All hours worked over twelve (12) hours in a day and all hours worked on Sunday and Holidays shall be paid at two (2) times the straight time rate of pay. If, due to conditions beyond the control of the Employer or when contract specifications require that work can only be performed outside the regular day shift, then a Special Shift may be worked, Monday through Friday, at the straight-time rate. The starti ng time of work for the Special Shift will be arranged to fit such conditions of work. Such Special Shift shall consist of eight (8) hours of work for eight (8) hours of pay or ten (10) hours of work for ten(10) hours of pay on a four-ten workday schedule. V. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wa ge. W. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal 6 am to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed on Sundays a nd Holidays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. When an employee returns to work without at least eight (8) hours time off since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until he/she shall have the eight (8) hours rest period. 10 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day (7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas, and Christmas Day (8). C. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). H. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, A nd Christmas (6). I. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiv ing Day, and Christmas Day (6). K. Holidays: New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Ch ristmas, And Christmas Day (9). L. Holidays: New Year’s Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiv ing Day, And Christmas Day (8). N. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiv ing Day, And Christmas Day (9). P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Sh all Be Considered As A Holiday. Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiv ing Day, and Christmas Day (6). R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, One-Half Day Before Christmas Day, And Christma s Day. (7 1/2). S. Paid Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). 11 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Holiday Codes Continued 6.G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Ve terans' Day, Thanksgiving Day, the Friday a fter Th anksgiving Day, Christmas Day, a nd Christmas Eve Day (11). H. Paid Holidays: New Year's Day, New Year’s Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (10). T. Paid Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christ mas Day, And Christmas Day (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sund ay, the following Monday shal l be considered as the holiday. Holiday Codes Continued 7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any h oliday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a h oliday on the preceding Friday. D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President’s Day. Any paid holiday which falls on a Sunday shall be observ ed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday o n the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 12 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Holiday Codes Continued 7.G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shal l be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I.Holidays: New Year's Day, President’s Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holida y on the following Monday. Any holiday which falls on a Saturday shall be observed as a ho liday on the preceding Friday. J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observ ed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday whi ch falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday wh ich falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas fal ls on a Saturday, the preceding Friday shall be observed as a holiday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a h oliday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday o n the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day, t he Day a fter Christmas, and A Floating Holiday (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. V. Holidays: New Year's Day, President’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, the day before or after Christmas, and the day before or after New Year’s Day. If any of the above listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and com pensated accordingly. W. Holidays: New Year's Day, Day After New Year’s, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Eve Day, Christmas Day, the day after Christmas, the day before New Year’s Day, and a Floating Holiday. 13 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Holiday Codes Continued 7.X.Holidays: New Year's Day, Day before or after New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Than ksgiving Day, Christmas Day, and the day before or after Christmas day. If a holiday falls on a Saturday or on a Friday that is the normal day off, then t he holiday will be taken on the last normal workday. If the holiday falls on a Monday that is the normal day off or on a Sunday, then the holiday will be taken on the next normal workday. Y.Holidays: New Year's Day, President s’ Day, Memorial Day, Independence Day, L abor Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day. (8) If the holiday falls on a Sunday, then the day observed by the federal government shall be considered a holiday and compensated accordingly. Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, Christmas Eve, and Christmas Day (9). Any holiday which falls on a Saturday shall be observed as a holiday on the precedi ng Friday. Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Holiday Codes Continued 15. G. New Year's Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, the last scheduled workday before Christmas, and Christmas Day (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shal l be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I. Holidays: New Year's Day, President’s Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holida y on the following Monday. Any holiday which falls on a Saturday shall be observed as a ho liday on the preceding Friday. J. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday wh ich falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. M.Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Eve Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holida y on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. 14 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Holiday Codes Continued 15.N.Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. O. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, the day before Christmas day, and Christmas Day (10). Any holiday which falls on a Sunday sh all be observed as a holiday on the following Monday. P. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day,t he Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Note Codes 8. D. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $1.00, Level B: $0.75, Level C: $0.50, And Level D: $0.25. S. Effective August 31, 2012 – A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. T. Effective August 31, 2012 – A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operation s. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effecti ve on or after August 31, 2012. U. Workers on hazmat projects receive additional hourly premiums as follows – Class A Suit: $2.00, Class B Suit: $1.50, And Class C Suit: $1.00. Workers performing underground work receive an additional $0.40 per hour for any and all work performed underground, including operating, servicing and repairing of equipment. The premium for underground work shall be paid for the entire shift worked. Workers who work suspended by a rope or cable receive an additional $0.50 per hour. The premium for work suspended shall be paid for the entire shift worked. Workers who do “pioneer” work (break open a cut, build road, etc.) more than one hundred fifty (150) f eet above grade elevation receive an additional $0.50 per hour. 15 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Note Codes Continued 8.V. In addition to the hourly wage and fringe benefits, the following depth and enclosure premiums shall be paid. The premiums are to be calculated for the maximum depth and distance into an enclosure that a diver reaches in a day. The premiums are to be paid one time for the day and are not used in calculating overtime pay. Depth premiums apply to depths of fifty feet or more. Over 50' to 100' - $2.00 per foot for each foot over 50 feet. Over 101' to 150' - $3.00 per foot for each foot over 101 feet. Over 151' to 220' - $4.00 per foot for each foot over 220 feet. Over 221' - $5.00 per foot for each foot over 221 feet. Enclosure premiums apply when divers enter enclosures (such as pipes or tunnels) where there is no vertical ascent and is measured by the distance travelled from the entrance. 25’ to 300’ - $1.00 per foot from entrance. 300’ to 600’ - $1.50 per foot beginn ing at 300’. Over 600’ - $2.00 per foot beginning at 600’. W.Meter Installers work on single phase 120/240V self-contained residential meters. The Lineman/Groundmen rates would apply to meters not fitting this description. X. Workers on hazmat projects receive additional hourly premiums as follows - Class A Suit: $2.00, Class B Suit: $1.50, Class C Suit: $1.00, and Class D Suit: $0.50. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner (not acting as the contractor), a government agency or the contract specifications requires that work can only be performed outside the normal 5 am to 6pm shift, then the special sh ift premium will be applied t o the basic hourly rate. When an employee works on a special shift, they shall be paid a special shift premium for each hour worked unless they are in OT or Double-time status. (For example, the special shift premium does not waive the overtime requirement s for work performed on Saturday or Sunday.) Y. T ide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employees working on a swinging state or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. Z. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner (not acting as a contractor), a government agency or the contract specifications require that more than (4) hours of a special shift can only be performed outside the normal 6 am to 6pm shift, then the special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a special shift, they will be paid a special shift premium f or each hour worked unless they are in overtime or double- time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) 16 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Note Codes Continued 9. A. Workers working with supplied air on hazmat projects receiv e an additional $1.00 per hour. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner (not acting as the contractor), a government agency or the contract specifications require that more than four (4) hour s of a special shift can only be performed outside the normal 6 am to 6pm shift, then the special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a special shift, they shall be paid a special shift premium for each hour worked unless they are in overtime or double- time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) Certified Crane Operator Premium: Crane operators requiring certifications shall be paid $0.50 per hour above their classification rate. Boom Pay Premium: All cranes including tower shall be paid as follows based on boom length: (A) – 130’ to 199’ – $0.50 per hour over their classification rate. (B) – 200’ to 299’ – $0.80 per hour over their classification rate. (C) – 300’ and over – $1.00 per hour over their classification rate. B. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employee s working on a swinging stage or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. C. Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employees working on a swinging stage or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. Effective August 31, 2012 – A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Eng ineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. These classifications are only effective on or after August 31, 2012. D. Industrial Painter wages are required for painting within industrial facilities such as treatment plants, pipelines, towers, dams, bridges, power generation facilities and manufacturing facilities such as chemical plants, etc., or anywhere abrasive blastin g is necessary to prepare surfaces, or hazardous materials encapsulation is required. E. Heavy Construction includes c onstruction, repair, alteration or additions to the production, fabrication or manufacturing portions of industrial or manufacturing plants, hydroelectric or nuclear power plants and atomic reactor construction. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $1.00, Level B: $0.75, Level C: $0.50, And Level D: $0.25. 17 | Page Benefit Code Key – Effective 3/4/202 6 thru 9/1/202 6 Note Codes Continued 9. F. I ndustrial Painter wages are required for painting within industrial facilities such as treatment plants, pipelines, towers, dams, power generation facilities and manufacturing facilities such as chemical plants, etc., or anywhere abrasive blasting is neces sary to prepare surfaces, or hazardous materials encapsulation is required. H. One (1) person crew shall consist of a Party Chief. (Total Station or similar one (1) person survey system). Two (2) person survey party shall consist of a least a Party Chief and a Chain Person. Three (3) person survey party shall consist of at least a Pa rty Chief, an Instrument Person, and a Chain Person. I. In addition to the hourly wage and fringe benefits, the following depth and enclosure premiums shall be paid. The premiums are to be calculated for the maximum depth and distance into an enclosure that a diver reaches in a day. The premiums are to be paid one time for the day and are not used in calculating overtime pay. Depth premiums apply to depths of fifty feet or more. Over 50' to 100' - $2.00 per foot for each foot over 50 feet. Over 101' to 150' - $3.00 per foot for each foot over 101 feet. Over 151' to 220' - $4.00 per foot for each foot over 220 feet. Over 221' - $5.00 per foot for each foot over 221 feet. Enclosure premiums apply when divers enter enclosures (such as pipes or tunnels) where there is no vertical ascent and is measured by the distance travelled from the entrance. 25’ to 300’ - $1.00 per foot from entrance. 300’ to 600’ - $1.50 per foot beginn ing at 300’. Over 600’ - $2.00 per foot beginning at 600’. Employees may be required to perform any combination of work within the Diving team/crew, (with the exception of dive Supervisor) provided they are paid at the highest rate at which he/she has worked for the shift. L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C: $0.25. Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employees working on a swinging stage or boatswains chair or under conditions that require them to be tied off to allow their hand s to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. M. Certified Crane Operator Premium: Crane operators requiring certifications shall be paid $1.50 per hour above their classification rate. Workers on hazmat projects receive additional hourly premiums as follows - Class A Suit: $2.00, Class B Suit: $1.50, Class C Suit: $1.00, and Class D Suit: $0.50. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner (not acting as the contractor), a government agency or the contract specifications requires that work can only be perfo rmed outside the normal 6 am to 6pm shift, then the special shift premium will be applied to the basic hourly rate. When an employee works on a special shift, they shall be paid a special shift premium for each hour worked unless they are in OT or Double-time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) 18 | Page PART 8. APPENDICES PART 8. APPENDICES City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 8. APPENDICES (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 8. APPENDICES APPENDIX A GEOTECHNICAL REPORT City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 8. APPENDICES (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions Note: This report was prepared for an adjacent site and is provided for reference information only. Geotechnical & Earthquake Engineering Consultants May 29, 2014 PanGEO Project No. 1 4-0 64 Mr. Kent McLaren, NCARB BCRA Design 2106 Pacific Avenue, Suite 3 00 Tacoma, WA 98402 Subject:Geotechnical Report-Draft Yelm Community Center Second Street SE & McKenzie Avenue Yelm, Washington Dear Mr. McLaren, PanGEO completed a geotechnical study to assist the project team with the design and construc tion of the proposed community center project in Yelm, Washington.The results of our study are prese nted in the attached draft report.We will finalize the report once we receive review comments from the project team members.In summary, the site is generally underlain by a n approximately 1¼-to 3¾-foot thick layer of loose to medium dense fill and top soil underlain by medium dense to dense gravel and sand (recessional outwash deposits). It is our opinion that the on-site soils are adequate f or supporting the new building on conventional spread footings,provided the recommendations in the attached geo technical report are incorporated into design and construction of the project. Furthe rmore, we anticipate that storm water infiltration will be feasible due to the presence of native clean sand and gravel at shallow depths. We appreciate the opportunity to be of service.We will finalize the report once we receive review comments from the project team. Should you have any questions, please do not hesitate to call. Sincerely, Siew L. Tan, P.E. Principal Geotechnical Engineer ________________________________________________ 3213 Eastlake Avenue East, Suite B Seattle, WA 98102 T. (206) 262-0370 F. (206)-262-0374 T ABLE OF C ONTENTS Sectio n Page 1.0 GENERAL.................................................................................................................1 2.0 SITE AND PROJECT DESCRIPTION.....................................................................1 3.0 SUBSURFACE EXPLORATIONS...........................................................................2 3.1 C URRENT E XPLORATIONS...............................................................................2 3.1.1 Test Pits...........................................................................................2 3.1.2 In-Situ Infiltration Testing..............................................................3 3.2 P REVIOUS E XPLORATIONS...............................................................................4 4.0 SUBS URFACE CONDITIONS.................................................................................4 4.1 S ITE G EOLOGY AND S OIL................................................................................4 4.2 G ROUNDWATER..............................................................................................5 5.0 LABORATORY TESTING.......................................................................................5 6.0 GEOTECHNICAL RECOMMENDATIONS...........................................................6 6.1 S EISMIC D ESIGN P ARAMETERS........................................................................6 6.2 F OUNDATIONS.................................................................................................6 6.3 R ETAINING W ALLS.........................................................................................8 6.4 F LOOR S LABS..................................................................................................9 6.5 P AVEMENT......................................................................................................10 7.0 INF ILTRATION EVALUATION.............................................................................10 7.1 D ESIGN R ATE B ASED ON I N-S ITU I NFILTRATION T ESTING..............................10 7.2 D ESIGN I NFILTRATION R ATE B ASED ON G RAIN S IZE A NALYSIS.....................11 7.3 R ECOMMENDED D ESIGN I NFILTRATION R ATES AND D ISCUSSION...................11 7.4 C ATION E XCHANGE C APACITY.......................................................................12 8.0 EARTHWORK CONSIDERATIONS.......................................................................13 8.1 S ITE P REPARATION..........................................................................................13 8.2 T EMPORARY E XCAVATIONS............................................................................13 8.3 M ATERIAL R EUSE...........................................................................................14 8.4 S TRUCTURAL F ILL AND C OMPACTION.............................................................14 8.5 W ET W EATHER C ONSTRUCTION.....................................................................15 8.6 S URFACE D RAINAGE AND E ROSION C ONSIDERATIONS...................................16 9.0 UNCERTAINTY AND LIMITATIONS...................................................................16 10.0 REFERENCES.........................................................................................................19 14-064 Yelm Community Center -Draft.doc Page i PanGEO Inc. Draft Geotechnical Report Yelm Community Center May 29, 2014 T ABLE OF C ONTENTS(CONTINUED) L IST OF F IGURES Figure 1. Vicinity Map Figure 2. Site and Explorati on Plan L IST OF A PPENDICES Append ix A Test Pit Logs Figure A-1 Terms and Symbols for Boring and Test Pit Logs Figures A-2 to A-10 Test Pit Logs TP-1 through TP-9 Figure A-11 Test Pit Log PIT-1 Appendix B Laboratory Testing Figure B-1 Grain Size Distribution Cat ion Exchange Capacity Results (4 sheets) Appendix C Previous PanGEO Boring Log (BH-8, 2 sheets) 14-064 Yelm Community Center -Draft.doc ii PanGEO, Inc. D RAFT G EOTECHNICAL R EPOR T Y ELM C OMMUNITY C ENTER Y ELM,W ASHINGTON 1.0 GENERAL PanGEO completed a geotechnical engineering study to assist the project team with th e design and construction of the proposed community center project in Yelm, Washington. Our work was performed in accordance with our proposal dated January 31, 2014. The purpose of our geotechnical study was to evaluate subsurface conditions at the site and, based on the conditions encountered, provide geotechnical engineering recommendations pertinent to the design and construction of the proposed community center building and associated parking lot. Our services included a site reconnaissance, conduct ing a subsurface exploration program,conducting an in-situ infiltration test,conducting a laboratory testing program, and developing the conclusions and recommendations presented in this draft report.We will finalize the report once we receive review c omments from the project team. 2.0 SITE AND PROJECT DESCRIPTION The approximately ½-acre project site is located on the north side of the intersection of Second Street Sou theast and McKenzie Avenue in Yelm, Washington(see Plate 1). The approximate site location is shown on Figure 1, Vicinity Map. The site is bound to the north by Yelm City Park, to the south by Second Street Southeast, to the east by a single-family resi dence, and to Plate 1 – View of site along Second St. SE near McKenzie the west by a n undeveloped parcel.Avenue, facing southwest. The site was previously occupied by a concrete paved skatepark and two single-family residences that were recently removed in preparation for this project.T opography at the site generally consists of two very gentle slopes that meet at a lo w point located near the middle of the site. 14-064 Yelm Community Center -Draft.doc Page 1 PanGEO Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 We understand that the community center project will include construction of a n at-grade one-story building with a footprint of approximately 5,000 square feet and a paved par king lot for 20 to 30 vehicles.The approximate location of the community center building and parking lot are shown on Figure 2, Site and Exploration Plan. Based on our understanding of the project, we anticipate site grading will generally consist of cut s and fills on the order of 4 feet or less.Surfacewater runoff from the parking lot and the roof will be accommodated by a bioretention swale located adjacent to the parking lot and a below grade infiltration facility that will be installed beneath the p arking lot. 3.0 SUBSURFACE EXPLORATIONS 3.1 C URRENT E XPLORATIONS 3.1.1 Test Pits Nine test pits (TP-1 through TP-9) were excavated on March 25, 2014, to explore the subsurface conditions at the site. The approximate test pit locations were measured from e xisting site features and are indicated on Figure 2. The test pits were excavated to depths o f 5 to 8 feet below the existing ground surface using a C ase 580 rubber-tired backhoe owned and operated by the City of Yelm. A geologist from PanGEO was presen t during the field explorations to observe the test pit excavations, obtain representative soil samples, and to describe and document the soils encountered in the explorations. Summary test pit logs are presented in Appendix A, and provide descriptions o f the materials encountered, depths to soil contacts, and depths of seepage or caving, if present, observed in the test pit sidewalls.The relative in- situ density of cohesionless soils, or the relative consistency of fine-grained soils, was estimated fro m the excavating action of the backhoe, probing the sidewalls with a ½-inch diameter steel rod, and the stability of the test pit sidewalls. Where soil contacts were gradual or undulating, the average depth of the contact was recorded in the log. After ea ch test pit was logged, the excavation was backfilled with the excavated soils and the surface was tamped and re-graded smooth. 14-064 Yelm Community Center -Draft.doc Page 2 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 3.1.2 In-Situ Infiltration Testing An in-situ infiltration test was conducted at the site on May 19, 2014. The field infiltrat ion test w as conducted in general accorda nce with the procedure for the small- scale pilot infiltration t est (PIT) as outlined in the Stormwater Management Manual for Western Washington (DOE, 2012). PIT-1 was conducted within the proposed parking area(see Figure 2 for location). The test location w as selected based on input from BCRA Design. The field infiltration test consisted of excavating to approximately 4 feet below the existing grade (approx.347 feet El.),placing a 6- foot diameter steel ring at the bottom of the excavation, seating the ring into the g round using a backhoe, and backfilling around the ring. Please refer t o Plate 2 to view the infiltration test setup. Plate 2 –Infiltration test set-up at PIT-1.The ring was filled with water a nd a constant head was maintained.The volume of water per time unit needed to maintain a constant head was tracked and recorded, until a point at which a constant volume per time unit was achieved. The field infiltration rate was then calculated based o n the final measured volume per time unit, and the surface area tested. In addition, at the end of the constant head test, we measured the falling head infiltration rate by recording the time interval between each one-inch drop in water level. At the conc lusion of the inf iltration testing, the test pit w as excavated to approximately 10 feet below grade (i.e. 6 feet below the infiltration test surface) t o evaluate soil conditions below the test elevation. The results of the infiltration test are discussed in Section 7.0 of this report. A log of the subsurface conditions at PIT-1 is provided on Figure A-11. 14-064 Yelm Community Center -Draft.doc Page 3 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 3.2 P REVIOUS E XPLORATIONS In addition to the current test pits excavated at the site, we also reviewed the r esults of previous explorations that PanGEO conducted in the vicinity of the site. Specifically, we completed a draft geotechnical report for the reconstruction of the portion of Mossman Avenue located near the site in 2012.As part of that study, we drilled a test boring(BH- 8) to 26½ feet below grade in the Yelm City Park gravel parking lot. Boring BH-8 was located approximately 250 feet west of the proposed community center building.T he BH-8 boring log is included in Appendix C of this report. 4.0 SUBSURFACE CONDITIONS 4.1 S ITE G EOLOGY AND S O IL According to geologic mapping of the area (Schasse, 1987), the project site is underlain by recessional and pro-glacial Vashon outwash gravel, which consists of stratified pebble, cobble and boulder gravel deposits. The subsurface conditions encountere d at the test pits generally consisted of a surficial layer of topsoil or fill and buried topsoil overlying g ravelly sand and sandy gravel to the maximum depths explored. The observed soil conditions appear consistent with the mapped geology. The soils o bserved in the test pits were classified and described in the field using the system outlined in Figure A-1. Summary test pit logs are included as Figures A-2 to A-11.The following is a summary of the subsurface conditions encountered in the test pits: Existing Fill:At test pits TP-1 to TP-3 and at TP-5,a 6 inch to 1½ foot thick layer of loose to medium dense existing fill was encountered. The composition of the existing fill ranged from crushed rock to poorly graded gravel with sand. Existing Fill/Topsoil:Underlying the existing fill layer described above and at the surface at the remaining test pit locations,a layer of dark brown to black silty gravel with sand to silty sand with gravel that could be fill material derived of topsoil,native tops oil, or a combination of the two was encountered. The existing fill/topsoil layer extended between 1¼ and 3¾ feet below grade.The fines content in this soil unit varied and it contained a varying degree of roots and fine organic matter and cobbles.At TP-2, this soil unit contained miscellaneous debr is such as asphalt, plastic, and aluminum cans. 14-064 Yelm Community Center -Draft.doc Page 4 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 Recessional Outwash Deposits: Underlying the existing fill/topsoil soil unit, med ium dense to dense sandy gravel and gravelly sand with a varying fines conten t that we interpret to be the mapped recessional outwash deposits were encountered.The upper 1 to 2 feet of the recessional outwash deposits typically had a higher fines content.The recessional outwash deposits were encountered to the maximum depth exp lored at each exploration location and contained a varying amount of cobbles and small boulders. The subsurface conditions encountered at our previous boring(BH-8)drilled within the Yelm City Park parking lot generally encountered a granular topsoil laye r that extended to 3 feet below grade overlying medium dense to very dense recessional outwash sand and gravel deposits that were encountered to the maximum exploration depth of 26½ feet below grade. 4.2 G ROUNDWATER Groundwater was not encountered in the t est pits at the time of excavation. However, in March, 2012 PanGEO drilled a test boring within the gravel parking lot located in the western portion of Yelm City Park. Th e groundwater table in the boring was estimated to be 21½ feet below grade at the t ime of drilling which is approximately 333 feet Elevation (NAV88 Datum).It should be noted that groundwater elevations and seepage rates may vary depending on the season, local subsurface conditions, and other factors. Groundwater levels are normally hi ghest during the winter and early spring. 5.0 LABORATORY TESTING Representative soil samples were collected from the test pits were submitted for Cation Exchange Capacity (CEC) testing. The CEC tests were performed using USEPA Method 9080. The results are presented i n Section 7.4 of this report, and the raw laboratory test data is included in Appendix B.In addition, grain size distribution analyses were performed on select samples in general accordance with ASTM D-422. The results of the grain size anal yses are included in Appendix B. 14-064 Yelm Community Center -Draft.doc Page 5 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 6.0 GEOTECHNICAL RECOMMENDATIONS 6.1 S EISMIC D ESIGN P ARAMETERS The seismic design of the building may be accomplished using the 2012 or later editions of the International Building Code (IBC), which specifies a design ea rthquake having a 2% probability of occurrence in 50 years (return interval of 2,475 years). Table 1,below, presents the seismic design parameters in accordance with the 2012 IBC, which are consistent with the 2008 USGS seismic hazard maps. Table 1–2012 IBC Summary Seismic Design Parameters Spectral Spectral Design Control Acceleration Acceleration Site Spectral Periods Site at 0.2 sec. at 1.0 sec. Coefficients Response Class(g)(g)Parameters(sec.) S S S 1 F a F v S DS S D1 T O T S D 1.248 0.497 1.00 1.50 0.83 0.50 0.12 0.60 Seismically induced liquefaction typically occurs in loose, saturated, sandy and silty materials. In our opinion, liquefaction is not a design consideration for this site because of the dense, coarse-grained granular nature of the soils underlying the site and the depressed groundwater level. 6.2 F OUNDATIONS Based on the subsurface conditions encounter ed in the test pits, it is our opinion that the new community center building may be supported on conventional spread a nd continuous footings bearing on the existing fill/topsoil unit compacted in-place to the requirements of structural fill, on competent recessional outwash soils, or on n ewly placed structural fill placed on an adequately prepared subgrade.Based on the results of our subsurface exploration, we anticipate soils suitable to support the proposed structu r es should be encountered with in 1 to 2 feet below the existing site grades. We recommend the following geotechnical design values be used for designing the community center building foundation: 14-064 Yelm Community Center -Draft.doc Page 6 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 Allowable Bearing Pressure–Assuming that the footings will bear on the existing fill/topsoil unit compacted in-place to the requirements of structural fill, we recommend that an allowable soil bearing pressure of 3,000 psf be used to size the footings. T he recommended bearing pressure may be increased by one-third for transient loading, s uch as wind or seismic forces. Footing Embedment–For frost heave considerations, exterior footings shou ld be placed at a minimum depth of 18 inches below final exterior grade. Interior spread foundations should be placed at a minimum depth of 12 inches below the top of slab. Lateral Load Resistance-Lateral loads on the structure s may be resisted by passive earth pressure develop ed against the embedded near-vertical faces of the foundation system and by frictional resistance developed between the bottom of the foundation and the supporting subgrade soils. For footings bearing on the existing fill/topsoil unit,native sand and gra vel,or on granular structural fill, a frictional coefficient of 0.4 may be used to evaluate sliding resistance developed between the concrete and the subgrade soil. Passive soil resistance may be calculated using an equivalent fluid weight of 35 0 pcf, as suming the footings are backfilled with structural fill. The above values include a factor of safety of 1.5. Unless covered by pavements or slabs, the passive resistance in the upper 12 inches of soil should be neglected. Estimated Settlement-Footings d esigned and constructed in accordance with the above values should experience total settlement of less than one inch and differential settlement less than about½-inch. Most of the anticipated settlement should occur during construction as dead loads are applied. Footing Drains –We recommend that a 4-inch diameter, schedule 40 PVC or SDR 35, perforated pipe embedded in pea gravel and wrapped in filter fabric be installed at the base of the perimeter footings to direct collected water to an appropriate o utlet. Under no circumstances should roof downspout drain lines be con nected to the footing drain systems. Roof downspouts must be separately tightlined to an appropriate discharge. Cleanouts should be installed to allow for periodic maintenance of the footing drain and downspout tightline systems. Footing Excavations –All footing excavations should be trimmed as neat as possible. Prior to placing forms or rebar, the exposed footing subgrades should be 14-064 Yelm Community Center -Draft.doc Page 7 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 compacted to a dens e, unyielding condition.The adequacy of the footing subgrade should be verified by PanGEO prior to placing forms or reinforcing steel.If t he footing subgrade is still loose or yielding after re-compaction, it should be overexcavated down to competent soil and replaced with granular structural fill or lean mix concrete. The overexcavation width should extend at least one-half the overexcavation depth beyond the edge of the footing. 6.3 R ETAINING W ALLS Retaining walls should be properly designed to resist the pressure exerted b y the soils behind the walls and surcharge loads. Proper drainage provisions should also be provided behind the walls to intercept and remove groundwater from behind the wall. Our geotechnical recommendations for the desig n and construction of retaining walls are presented below. Wall Foundation-The recommendations outlined in the Foundation s section of this report remain applicable for retaining wall design and construction. Lateral Earth Pressures-The below grade portions of the walls that are desi gned to yield should be designed for a static lateral earth pressure based upon an equivalent fluid weight of 35 pounds per cubic foot (pcf). If the top of retaining walls will be restrained from lateral movement, the walls should be designed for a static earth pressure based upon an equivalent fluid weight of 55 pcf. A uniform pressure of 7H psf should be added to reflect the increase d loading for seismic conditions, where H corresponds to the buried depth of the wall. The re commended lateral pressures assume that the backfill behind the wall consists of a free draining and properly compacted fill wit h adequate drainage provisions. Surcharge Pressures -Any surcharge loads located within a 1H:1V projection from the bas e of the walls should be included in the design calculation. The horizontal pressure on the below-grade wall from a surcharge load may be estimated as 35% of the vertical surcharge load. Wall Drainage–Proper drainage provisions such as weep holes or 4-inch perforated drain pipes installed as described in the Foundations section of this report should be incorporated into the design and construction of all retaining walls.If 14-064 Yelm Community Center -Draft.doc Page 8 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 weep holes will be used, the weep holes should have a diameter of at least 1.5 inches, spaced horizontally no more t han 10 feet apart, and situated no more than about 4 inches above the finished grade in front of the walls. Lateral Resistance–Lateral forces from wind or seismic loading and unbalanced lateral earth pressures may be resisted by passive earth pressures acting against the embedded portions of the foundation, and the friction at the bottom of foundation elements.For design purposes, an allowable p assive pressure of 350 pounds per cubic foot (pcf)and an allowable friction coefficient 0.4 may be used. T h ese value s include a factor of safety of at least 1.5, assuming that the structural fill adjacent to the sides of the foundation has been properly compacted.A one-third increase of these values is appropriate for transient loads. Wall Backfill–All wal l backfill should consist of free draining granular soils. The on-site recessional outwash soils, in general,may be used for wall backfill.If i mported wall backfill is needed, w e recommend using Gravel Borrow per Section 9- 03.14(1) of the 201 4 WSD OT Standard Specifications.Wall backfill should be moisture conditioned to within about 3 percent of optimum moisture content, placed in loose, horizontal lifts less than 8 inches in thickness, and systematically compacted to a dense and relatively unyie lding condition and to at least 95 percent of the maximum dry density, as determined using test method ASTM D 1557 (Modified Proctor). Small hand operated compaction equipment should be used within 5 feet of walls to prevent overstressing the walls. 6.4 F LOOR S LABS Concrete slab-on-grade floors are considered appropriate for this project. Concrete slab- on-grade floors may be supported on existing fill/topsoil compacted to a firm and unyielding condition, on competent recessional outwash soils, or on adequ ately compacted newly placed structural fill.If loose/soft soils are encountered at the slab subgr ade elevation, the loose/soft soil should be overexcavated to competent soil and replaced with granular structural fill. In areas where floor coverings are planned, slab-on-grade floors should be underlain by a capillary break consisting of at least of 6 inches of ¾-inch, clean crushed rock (less than 3 percent fines) compacted to a firm and unyielding condition. The capillary break 14-064 Yelm Community Center -Draft.doc Page 9 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 should be placed on a sub grade that has been compacted to a dense and unyielding condition. A minimum 10-mil polyethylene vapor barrier should also be placed directly on the compacted capillary break. We also recommend that control joints be incorporated into the floor slab to c ontrol cracking. 6.5 P AVEMENT We anticipate that future traffic will be limited to light passenger-type vehicles and delivery trucks. W e recommend at least 3 inches of hot mixed asphalt (HMA) placed on at least 4 inches of crushed surfacing base course (C SBC, WSDOT 9-03.9(3)). The CSBC should be placed on native un disturbed sand and gravel,existing fill compacted in-place to the requirements of structural fill,or on newly placed structural fill.The pavement subgrade should be proof-rolled using a full y-loaded dump truck to verify the sub grade is stable and unyielding prior to placing the CSBC.The proof-roll should be conducted under observation of a PanGEO representative. Any soft soils identified during the proof-rolling should be removed and replac ed with properly compacted structural fill. 7.0 INFILTRATION EVALUATION Based on the presence of relatively clean recessional outwash sand and gravel deposits underlying the existing fill/topsoil at the site, it is our opinion that storm water infiltration should be feasible at the site. The infiltration rate s of the site soils were assessed by conducting one in-situ infiltration test as described in Section 7.1 and by using the grain size analysis method described in Section 7.2.Recommended long-term (d esign) infiltration rates for the proposed infiltration facilit y and additional discussions are provided in Section 7.3. 7.1 D ESIGN R ATE B ASED ON I N-S ITU I NFILTRATION T ESTING The small-scale pilot infiltration test provides us with a field infiltration rat e (i.e. saturated hydraulic conductivity, Ksat). Table 3.3.1 of the DOE manual outlines three correction factors to be applied to the field determined infiltration rate in order to estimate the long-term (design)infiltration rate for subgra de soils under lying infiltration facilities. 14-064 Yelm Community Center -Draft.doc Page 10 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 7.2 D ESIGN I NFILTRATION R ATE B ASED ON G RAIN S IZE A NALYSIS Design infiltration rates of soils not consolidated by glacial advance such as recessional outwash may be assessed based on grain size distributions, as outline d in the Stormwater Management Manual for Western Washington(SMMWW, WSDOE, 2012). The method estimates the initial saturated hydraulic conductivity (K sat) using the following relationship: log 10(K sat) = -1.57+1.9D 10+0.015D 60-0.013D 90-2.08f fines T hree par tial correction factors are then applied to K sat value to estimate t he long-term (design)infiltration rate. 7.3 R ECOMMENDED D ESIGN I NFILTRATION R ATES AND D ISCUSSION The correction factor for site variability (CF v) is selected based on the number of locati ons tested and the consistency of the underlying soil conditions and ranges from 0.33 to 1.0 (no correction factor). Based on the varying fines content of the recessional outwash soils encountered in test pits located nearby PIT-1,considering that one in-situ infiltration test was conducted, and based on our experience and engineering judgment, we recommend a correction factor of 0.5 for site variability. The test m ethod correction factor (CF t) is intended to account for the uncertainty of the test meth od and the scale of test versus the size of the facility. The SMMWW applies a correction factor of CF t= 0.5 to test results from small-scale pilot in filtration tests.The SMMWW applies a correction factor of CF t= 0.4 when using the grain size method to estimate the long-term infiltration rate. An influent control correction factor (CF m)of 0.9 is intended to account for a reduction in infiltration capacity due to clogging from siltation and the bu ild-up of biological material. A summary of the unco rrec ted infiltration rate,recommended correction factors, and the estimated long-term (design) infiltration rate based on the small-scale PIT is su mmarized in Table 2 on the following page. 14-064 Yelm Community Center -Draft.doc Page 11 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 Table 2:Design Infiltration Rate Ba sed on Small-Scale Pilot Infiltration Test Uncorrected Field Correction Location, Infiltration Rate (Ksat)Factor*Estimated Long-Term(Design) Depth Infiltration Rate (inches/hour) (inches/hour)(CF v x CF t x CF m) PIT-1, 4’18.7 0.225 4.2 *CF v= 0.5, CF t= 0.5, CF m = 0.9 For reference, the falling head infiltration rate measured in PIT-1 at the conclusion of the constant head test was 17.2 inches per hour(uncorrected rate),which is consistent with the constant-head test results. In addition to evaluatin g the results from the pilot infiltration test, we also evaluated the infiltration rate s of representative soil samples based on grain size characteristics as discussed in Section 7.2 of this report. In summary, it is our opinion that the design infiltration rate of 4.2 inches per hour as noted in Table 2 is appropriat e. Please note that the recommended design infiltrati on rate is also consistent with the results of a small- scale pilot infiltration test that we previously conducted in similar soils in side the Rapid Infiltration Basins at the nearb y Cochran Park, after the basins were in service for 14 years. Groundwater Separation:For infiltration facilities, t he DOE SMMWW requir es a minimum 5-foot separation between the bottom of the infiltration facility and the seasonal hi gh groundwater level. At the conclusion of the infiltration testing at PIT-1, the test pit w as excavated to approximately 10 feet below grade (i.e. 6 feet be low the infiltration test surface) to evaluate soil conditions below the test elevation. Evidence of infiltration test water mounding on restrictive layers below the infiltration test elevation or signs of a seasonal groundwater high elevation were not ob serve d.Furthermore, based on the groundwater level encountered at approximately 333 feet Elevation(NAV88 Datum) in our boring drilled approximately 250 feet west of the site in March, 2012 and the proposed bottom of infiltration facility of 347 feet Ele vation,it is our opinion that the proposed infiltration facility will meet the DOE groundwater separation requirement. 7.4 C ATION E XCHANGE C APACITY The SMMWW indicates that the cation exchange capacity (CEC) of treatme nt soils must be considered when determining if the soil can adequately remove the target pollutants. 14-064 Yelm Community Center -Draft.doc Page 12 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 As such, CEC tests were performed on recessional outwash samples collected from the test pits excavated within the proposed parking area. The laboratory t est results from CEC tests are summarized in Table 3 and the test results are inclu ded in Appendix B. Table 3–Cation Ex change Capacity Lab Testing Results Sample Location, Depth Cation Exchange Capacity(meq/100g) TP-5, 3.5’4.09 TP-6, 3’4.02 TP-7, 4’4.34 TP-8, 2.5’4.18 8.0 EARTHWORK CONSIDERATIONS 8.1 S ITE P REPARATION Site preparation for the proposed project includes striping and clearing of any remaining pavement, surface vegetation,or other deleterious material,ex cavating to the design subg rade, and over-excavating any remaining organic rich s oil or rootballs encountered at the design subgrade elevation of the structures.Based on the thickness of the sod layer (where encountered)at our test pit locations, we anticipate str ipping depths co uld range from 4-to 6-inches below the existing site grade. All stripped and over-excavated materials should be disposed off-site or be “wasted” on site in non-structural landscaping areas. Following the site striping and excavation, the exposed subgrade should be compacted to a dense and unyielding condition as confirmed by PanGEO.Soil in loose or soft areas should be over-excavated and replaced with compacted structural fill. 8.2 T EMPORARY E XCAVATIONS Temporary excavations are generally expected to b e less than 4 feet deep and will largely encounter loose to medium dense silty sand to silty gravel and medium dense to dense clean sand and gravel deposits that are prone to caving.All temporary excavations should be performed in accordance with Part N of WAC (Washington Administrative 14-064 Yelm Community Center -Draft.doc Page 13 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 Code) 296-155. The contractor is responsible for maintaining safe excavation slopes and/or shoring. For planning purposes, the temporary excavations may be sloped as steep as 1H:1V, but should be re-evaluated in the fiel d during construction based on actual observed soil conditions. During wet weather, the cut slopes may need to be flattened to reduce potential erosion. 8.3 M ATERIAL R EUSE It is our opinion that the on-site recessional sand and gravel outwash soils may be conside red for use as structural fill provided the soil can be compacted to the project requirements for structural fill.The contractor should be aware that the existing fill/topsoil material that exist s at the site is moisture sensitive, and will becom e disturbed and soft when exposed to inclement weather conditions and/or construction traffic. 8.4 S TRUCTURAL F ILL AND C OMPACTION As discussed above, w here needed, the on-site recessional outwash sand and gravel may be used as a source for structural fill,provided that adequate compaction can be achieved. Imported structural fill, if needed, should consist of clean, free-draining granular soils that are relatively free from organic matter or oth er deleterious materials. Such materials should be less than 4 inches in maximum dimension, with less than 7 percent fines (portion passing the U. S. Standard No. 200 sieve), as specified for Gravel Borrow in Section 9-03.14(1) of the 2012 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction.The fine-grained portion of structural fill soils should be non- plastic. A fines content greater than 7 percent may be acceptable if the earthwork is performed during relatively dry weather and the contractor’s methods are conducive to proper compaction of the soil. The use of material with a fines content greater than 7 percent should be approved by the project engineer prior to use. All structural fill should be moisture conditioned to within about 3 percent of optimum moisture content, placed in loose, horizontal lifts less than 8 inches in thickness, and compacted to at least 95 percent maximum dry density, determined using ASTM D1557 (Modified Proctor). The procedure to achieve proper density of a compacted fill depends on the size and type of compa cting equipment, the number of passes, thickness of the layer being compacted, and certain soil properties. In areas where the size of the excavation restricts the use of heavy equipment, smaller equipment can be used, but the soil must be placed in thin enough layers to achieve the required relative compaction. 14-064 Yelm Community Center -Draft.doc Page 14 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 Generally, loosely compacted soils are a result of poor construction technique or improper moisture content. Soils with high fines contents are particularly susceptible to becoming too wet and coa rse-grained materials easily become too dry to be adequately compacted. Silty or clayey soils with a moisture content too high for adequate compaction should be dried as necessary, or moisture conditioned by mixing with drier materials, or other methods. 8.5 W ET W E A THER C ONSTRUCTION General recommendations relative to earthwork performed in wet weather or in wet conditions are presented below. The following procedures are best management practices recommended for use in wet weather construction: Earthwor k should be performed in small areas to minimize subgrade exposure to wet weather. Excavation or the removal of unsuitable soil should be followed promptly by the placement and compaction of clean structural fill. The size and type of construction equipm ent used may have to be limited to prevent soil disturbance. During wet weather, the allowable fines content of the structural fill should be reduced to no more than 5 percent by weight based on the portion passing ¾- inch sieve. The fines should be non-plastic. The ground surface within the construction area should be graded to promote run-off of surface water and to prevent the ponding of water. Bales of straw and/or geotextile silt fences should be strategically located to control ero sion and the movem ent of soil. Excavation slopes and soils stockpiled on site should be covered with plastic sheets. 14-064 Yelm Community Center -Draft.doc Page 15 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 8.6 S URFACE D RAINAGE AND E ROSION C ONSIDERATIONS Surface runoff can be controlled during construction by careful grading practices. Typically, this include s the construction of shallow, upgrade perimeter ditches or low earthen berms in conjunction with silt fences to collect runoff and prevent water from entering excavations or to prevent runoff from the construction area from leaving the immediate work site. Temporary erosion control may require the use of silt fencing on the downhill side of the project to prevent water from leaving the site and potential storm water detention to trap sand and silt before the water is discharged to a suitable outlet. All collected water should be directed under control to a positive a nd permanent discharge system. Permanent control of surface water should be incorporated in the final grading design. Adequate surface gradients and drainage systems should be incorporated into the design such that surface runoff is collected and directed away from the structures and to a suitable outlet. Potential problems associated with erosion may also be reduced by establishing vegetation within disturbed areas immediately following gra ding operations. 9.0 UNCERTAINTY AND LIMITATIONS We have prepared this report for use by BCRA Design a nd other project team members. Recommendations contained in this report are based on a site reconnaissance, a subsurface exploration program,an in-situ infiltration test,a laboratory testing program, review of pertinent geologic publications, and our understanding of the project. The study was performed using a mutually agreed-upon scope of work. Variations in soil conditions may exist between the loc ations of the explorations and the actual conditions underlying the site. The nature and extent of soil variations may not be evident until construction occurs. If any soil conditions are encountered at the site that are different from those described in this report, we should be notified immediately to review the applicability of our recommendations. Additionally, we should also be notified to review the applicability of our recommendations if there are any changes in the project scope. The scope of our work does not include services related to construction safety precautions. Our recommendations are not intended to direct the contractors’ methods, techniques, sequences or procedures, except as specifically described in our report for 14-064 Yelm Community Center -Draft.doc Page 16 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 consideration in d esign. Additionally, the scope of our work specifically excludes the assessment of environmental characteristics, particularly those involving hazardous substances. We are not mold consultants nor are our recommendations to be interpreted as being preven tative of mold development. A mold specialist should be consulted for all mold-related issues. This report may be used only by the client and for the purposes stated, within a reasonable time from its issuance. Land use, site conditions (both off and on-site), or other factors including advances in our understanding of applied science, may change over time and could materially affect our findings. Therefore, this report should not be relied upon after 24 months from its issuance. PanGEO should be notifi ed if the project is delayed by more than 24 months from the date of this report so that we may review the applicability of our conclusions considering the time lapse. It is the client’s responsibility to see that all parties to this project, including the designer, contractor, subcontractors, etc., are made aware of this report in its entirety. The use of information contained in this report for bidding purposes should be done at the contractor’s option and risk. Any party other than the client who wishe s to use this report shall notify PanGEO of such intended use and for permission to copy this report. Based on the intended use of the report, PanGEO may require that additional work be performed and that an updated report be reissued. Noncompliance with any of these requirements will release PanGEO from any liability resulting from the use this report. Within the limitation of scope, schedule and budget, PanGEO engages in the practice of geotechnical engineering and endeavors to perform its services in a ccordance with generally accepted professional principles and practices at the time the Report or its contents were prepared. No warranty, express or implied, is made. We appreciate the opportunity to be of service to you on this project. Please feel fre e to contact our office with any questions you have regarding our study, this report, or any geotechnical engineering related project issues. 14-064 Yelm Community Center -Draft.doc Page 17 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 Sincerely, PanGEO, Inc. (Draft)(Draft) Steven T. Swenson, L.G.Siew L. Tan, P.E. Project Geo logist Principal Geotechnical Engineer 14-064 Yelm Community Center -Draft.doc Page 18 PanGEO, Inc. Geotechnical Report-Draft Yelm Community Center May 29, 2014 10.0 REFERENCES International Building Code (IBC), 2012,International Code Council. Schasse, Henry W. (1987). Geologic Map of the Centralia Quadrangle, Washington, Washington Division of Geology an d Earth Resources, Open File Report 87-11. WSDOT, 201 4,Standard Specifications for Road, Bridges, and Municipal Construction. 14-064 Yelm Community Center -Draft.doc Page 19 PanGEO, Inc. Subject Site N Not To Scale Yelm Community Center Second St SE &VICINITY MAP McKenzie Ave Yelm, WA Project No.Figure No. 14-064 1 APPENDIX A TEST PIT LOGS 14-064 Yelm Community Center -Draft.doc PanGEO, Inc. TEST PIT LOGS Test Pit TP-1 Approximate Location: See Figure 2 Approximate ground surf ace elevation: 353 feet Grass and sod: 4” Depth (ft)Material Description 0-1 Loose, brown, poorly graded SAND with gravel, moist (SP). (Fill) Loose to medium dense, dark brown to black, silty GRAVEL with sand, 1–3¾moist. Contains cobbles and s mall boulders, numerous roots (GM). (Fill & Buried Topsoil) Medium dense to dense, brown, poorly graded GRAVEL with sand, moist 3¾-6(GP). Contains cobbles and small boulders. (Recessional Outwash) Test Pit terminated approximately 6 feet below gro und surface. No groundwater observed at the time of excavation. Figure A-2 14-064 Yelm Community Center -Draft.doc PanGEO, Inc. Test Pit TP-2 Approximate Location: See Figure 2 Approximate ground surface elevation: 354 feet Grass and sod: 2” Depth (ft)Material Description Medium dense, gray, poorly graded GRAVEL with silt and sand, moist (GP- 0–½GM). (Fill, Crushed Rock) Loose to medium dense, brown, poorly graded GRAVEL with sand, moist ½–1½(GP). Contains cobbles. (Fill) Loose to medium dense, dark brown to black, silty SAND with gravel, moist 1½-3½(SM). Contains cobbles. (Fill & Buried Topsoil) -Contains miscellaneous debris: asphalt, aluminum cans, plastic. Medium dense to dense, rusty brown to brown, po orly graded GRAVEL with 3½-6 sand, moist (GP). Contains cobbles and small boulders. (Recessional Outwash) Test Pit terminated approximately 6 feet below ground surface. No groundwater observed at the time of excavation. Figure A-3 14-064 Yelm Community Center -Draft.doc PanGEO, Inc. Test Pit TP-3 Approximate Location: See Figure 2 Approximate ground s urface elevation: 354 feet Depth (ft)Material Description Medium dense, gray, poorly graded GRAVEL with silt and sand, moist (GP- 0–1 GM). (Fill, Crushed Rock) Loose to medium dense, dark brown to black, silty SAND with gravel, moist 1–3¾(SM). Contains cobbles, numerous roots. (Fill & Buried Topsoil) Medium dense to dense, rusty brown to brown, poorly graded GRAVEL with 3¾-6 sand, moist (G P). Contains cobbles and small boulders. (Recessional Outwash) Test Pit terminated approximately 6 feet below ground surface. No groundwater observed at the time of excavation. Figure A-4 14-064 Yelm Community Center -Draft.doc PanGEO, Inc. Test Pit TP-4 Ap proximate Location: See Figure 2 Approximate ground s urface elevation: 353 feet Depth (ft)Material Description Loose to medium dense, dark brown to black, silty SAND with gravel, moist 0–2½(SM). Contains cobbles, numerous roots. (Fill & Buried Top soil) Medium dense to dense, brown, poorly graded GRAVEL with silt and sand, 2½-3½moist (GP-GM). Contains cobbles and small boulders. (Recessional Outwash) Medium dense to dense, rusty brown to brown, poorly graded GRAVEL with 3½-5 sand, moist (GP). Contains cobbles and numerous small boulders. (Recessional Outwash) Test Pit terminated approximately 5 feet below ground surface. No groundwater observed at the time of excavation. Figure A-5 14-064 Yelm Community Center -Draft.doc PanGEO, Inc. Test Pit TP-5 Approximate Location: See Figure 2 Approximate ground s urface elevation: 350 feet Depth (ft)Material Description Medium dense, gray, poorly graded GRAVEL with silt and sand, moist (GP- 0–½GM). (Fill, Crushed Rock) Loose to medium dense, dar k brown to black, silty SAND with gravel, moist ½–3(SM). Contains cobbles, numerous roots. (Fill & Buried Topsoil) Medium dense to dense, brown, poorly graded GRAVEL with silt and sand, moist (GP-GM). Contains cobbles and small boulders. (Recessional Outwash) 3–8-Grab Sample at 3½’: 5.2% fines -Silt coating observed on gravels starting around 5 feet below grade -Becomes moist to wet around 7’ Test Pit terminated approximately 8 feet below ground surface. No groundwater observed at the time of excavatio n. Figure A-6 14-064 Yelm Community Center -Draft.doc PanGEO, Inc. Test Pit TP-6 Approximate Location: See Figure 2 Approximate ground surface elevat ion: 351 feet Depth (ft)Material Description Loose to medium dense, dark brown to black, silty SAND, moist (SM). Fine 0–2 to medium sand, numerous roots. (Topsoil) Medium dense, dark brown, silty fine SAND, moist (SM). (Recessional Outwash) 2–4¾-Grab Sample at 3’: 15.9% fines -Cobbles and boulders starting around 3½ feet Medium dense to den se, brown, poorly graded GRAVEL with sand, moist 4¾-5½(GP). Contains cobbles and numerous small boulders. (Recessional Outwash) Test Pit terminated approximately 5½ feet below ground surface. No groundwater observed at the time of excavation. Figure A-7 14-064 Yelm Community Center -Draft.doc PanGEO, Inc. Test Pit TP-7 Approximate Location: See Figure 2 Approximate ground s urface elevation: 351 feet Depth (ft)Material Description Loose to medium dense, dark brown to black, silty SAND with gravel, moist 0–3(SM). Numerous roots. (Topsoil) Medium dense to dense, brown, poorly graded GRAVEL with silt and sand, moist (GP-GM). (Recessional Outwash) 3–5-Grab Sample at 4’: 6.5% fines -Contains cobbles and small boulders Test Pit terminated approximately 5 feet below ground surface. No grou ndwater observed at the time of excavation. Figure A-8 14-064 Yelm Community Center -Draft.doc PanGEO, Inc. Test Pit TP-8 Approximate Location: See Figure 2 Approximate ground s urface elevation: 354 feet Depth (ft)Material Description Loose to medium dense, dark brown to black, silty SAND with gravel to silty 0–1¼GRAVEL with sand, moist (SM to GM). Contains cobbles, numerous roots. (Topsoil) Medium dense to dense, brown, poorly graded GRAVEL with sand, moist (GP). (Recessional Outwash) 1¼–5-Grab Sample at 2½’: 2.8% fines -Cont ains cobbles and small boulders Test Pit terminated approximately 5 feet below ground surface. No groundwater observed at the time of excavation. Figure A-9 14-064 Yelm Community Center -Draft.doc PanGEO, Inc. Test Pit TP-9 Approximate Location: See Figure 2 Approximate ground s urface elevation: 354 feet Depth (ft)Material Description Loose to medium d ense, dark brown to black, silty SAND with gravel to silty 0–1½GRAVEL with sand, moist (SM to GM). Contains cobbles, numerous roots. (Topsoil) Medium dense, orangish brown, poorly graded GRAVEL with silt and sand, 1½-2 moist (GP-GM). (Recessional Outwash) Medium dense to dense, brown, poorly graded GRAVEL with sand, moist 2–5(GP). (Recessional Outwash) -Contains cobbles and small boulders Test Pit terminated approximately 5 feet below ground surface. No groundwater observed at the time of excavation. Figure A-10 Dates Test Pits Excavated (TP-1 to TP-9): March 25, 2014 using a Case rubber-tired ba ckhoe o wned and operated by the City of Yelm Public Works Department. Test Pits Logged by: STS 14-064 Yelm Community Center -Draft.doc PanGEO, Inc. Test Pit PIT-1 Approximate Location: See Figure 2 Approximate ground s urface elevation: 351 feet Depth (ft)Material Description Loose to medium dense, dark brown to black, silty SAND with gravel to silty 0–3½GRAVEL wit h sand, moist (SM to GM). Contains cobbles, numerous roots. (Topsoil) Medium dense to dense,brown, poorly graded SAND with gravel to poorly 3½-10 graded GRAVEL with sand, moist (SP to GP). (Recessional Outwash) -Contains cobbles and small boulders Tes t Pit terminated approximately 10 feet below ground surface. No groundwater observed at the time of excavation. Infiltration test surface prior to placing 6-foot diameter ring. Figure A-11 Dates Test Pit Excavated (PIT-1): May 19, 2014 using a Cat 420E rubber-tired backhoe owned and operated by Northwest Excavating & Trucking. Test Pits Logged by: STS 14-064 Yelm Community Center -Draft.doc PanGEO, Inc. APPENDIX B LABORATORY TESTING 14-064 Yelm Community Center -Draft.doc PanGEO, Inc. U.S. SIEVE OPENING IN INCHES U.S. SIEVE NUMBERS HYDROMETER 6 4 3 2 1.5 1 3/4 1/2 3/8 3 4 610 8 14 16 20 30 40 50 60 100 140 200 100 90 80 70 60 50 40 PERCENT FINER BY WEIGHT 30 20 10 0 100 10 1 0.1 0.01 0.001 GRAIN SIZE IN MILLIMETERS GRAVEL SAND COBBLES coarse fine coarse medium fine SILT OR CLAY Specimen Identification Classification LL PL PI Cc Cu TP-5 @ 3.5 ft.POORLY GRADED GRAVEL with SILT and SAND(GP-GM)NP NP NP 0.43 70.75 TP-6 @ 3.0 ft.SILTY SAND(SM)NP NP NP 1.93 7.83 TP-7 @ 4.0 ft.POORLY GRADED GRAVEL with SILT and SAND(GP-GM)NP NP NP 3.26 51.86 TP-8 @ 2.5 ft.POORLY GRADED GRAVEL with SAND(GP)NP NP NP 0.45 44.25 Specimen Identification D100D60%Gravel D30 D10%Sand%Silt%Clay TP-5 3.5 25 13.387 1.044 0.189 58.1 36.7 3.9 1.3 TP-6 3.0 9.525 0.295 0.146 0.038 2.9 81.2 13.2 2.7 TP-7 4.0 38.1 13.607 3.411 0.262 66.4 27.1 5.4 1.1 TP-8 2.5 25 13.149 1.332 0.297 61.3 35.9 2.8 GRAIN SIZE DISTRIBUTION Project: Yelm Community Center Figure Figure Figure Job Number: 14-064 Phone: 206.262.0370 Location: Yelm, WA B-1 GRAIN SIZE 14-067 YELM COMMUNITY CENTER SIEVES.GPJ PANGEO.GDT 4/9/14 APPENDIX C PREVIOUS PANGEO BORING LOG 14-064 Yelm Community Center -Draft.doc PanGEO, Inc. Project:Mosman Avenue Improvements Surface Elevation:354.5ft Job Number:12-009 Top of Casing Elev.:N/A Location:Yelm, Washington Drilling Method:Hollow Stem Auger Coordinates:Northing: , Easting:Sampling Method:SPT N-Value PL MoistureLL MATERIAL DESCRIPTION Symbol Depth, (ft)Sample Type RQDRecovery Sample No.Blows / 6 in.Other Tests 0 50 100 0 Medium dense, gray, 5/8"-minus crushed rock, dry to moist (GP-GM). (Unit 1). Medium dense, dark brown to black, silty GRAVEL, moist (GM). Classification based on observing cuttings. 2(Unit 2). Dense to very dense, brown, poorly graded GRAVEL with sand, moist (GP). Contains cobbles and small boulders based on drill action. 4(Unit 3). 48 S-1 30 6 27 S-2 50/1>> 8-No recovery. 10 22 S-3 50/6>> 12 S-4 50/2-No recovery.>> 14 S-5 50/4>> 16 18 Completion Depth:Remarks: EC-85 trailer-mounted drill rig equipped with safety hammer (cathead 26.5ft Date Borehole Started:3/16/12 mechanism) for SPT. Date Borehole Completed:3/16/12 Logged By:STS Drilling Company:Boretec LOG OF TEST BORING BH-8 Figure A-9 LOG OF BOREHOLE 12-009 BORING LOGS.GPJ PANGEO.GDT 7/5/12 Phone: 206.262.0370 The stratification lines represent approximate boundaries. The transition may be gradual.Sheet 1 of 2 Project:Mosman Avenue Improvements Surface Elevation:354.5ft Job Number:12-009 Top of Casing Elev.:N/A Location:Yelm, Washington Drilling Method:Hollow Stem Auger Coordinates:Northing: , Easting:Sampling Method:SPT N-Value PL MoistureLL MATERIAL DESCRIPTION Symbol Depth, (ft)Sample Type RQDRecovery Sample No.Blows / 6 in.Other Tests 0 50 100 Dense to very dense, brown, poorly graded GRAVEL with sand, moist 20(GP). Contains cobbles and small boulders based on drill action. S-6 50/5(Continued)>> 22-Becomes wet. -Driller noted change in drill action, increase in sand. 24 14 S-7 14 26 32 Bottom of boring about 26.5 feet below grade. Groundwater measured at 21.5 feet below grade shortly after retrieving sample S-7. 28 30 32 34 36 38 Completion Depth:Remarks: EC-85 trailer-mounted drill rig equipped with safety hammer (cathead 26.5ft Date Borehole Started:3/16/12 mechanism) for SPT. Date Borehole Completed:3/16/12 Logged By:STS Drilling Company:Boretec LOG OF TEST BORING BH-8 Figure A-9 LOG OF BOREHOLE 12-009 BORING LOGS.GPJ PANGEO.GDT 7/5/12 Phone: 206.262.0370 The stratification lines represent approximate boundaries. The transition may be gradual.Sheet 2 of 2 (this page intentionally left blank) PART 8. APPENDICES APPENDIX B SWPPP City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 8. APPENDICES (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions i i i i i i i i i i i i i i i i i i i i i i i i ± ± i i i i i i i i i i i i i i i i i i i i i Construction Stormwater Site Inspection Form Project Name Permit # Inspection Date Time Name of Certified Erosio n Sediment Control Lead (CESCL) or qualified inspector if less than one ac r e Print Name: Approximate rainfall amount since the last inspection (in inches): Approximate rainfall amount in the last 24 h ours (in inches): Current Weather Clear Cloudy Mist Rain Wind Fog A. Type of inspection: Weekly Post Storm Event Other B. Phase of Active Construction (check all that apply): Pre Construction/installation of erosion/sediment Clearing/Demo/Grading Infras tructure/storm/roads controls Concrete pours Vertical Utilities Construction/buildings Offsite improvements Site temporary stabilized Final stabilization C. Questions: 1. Were all areas of construction and discharge points inspected? Yes No 2. Did you observe the presence of suspended sedimen t, turbidity, discoloration, or oil sheen Yes No 3. Was a water quality sample taken during inspection? (refer to permit conditions S4 & S5) Yes No 4. Was there a turbid discharge 250 NTU or greater, or Transparency 6 cm or less?* Yes No 5. If yes to #4 was it reported to Ecology? Yes No 6. Is pH sampling required? pH range required is 6.5 to 8.5. Yes No If answering yes to a discharge, describe the event. I nclude when, where, and why it happened; what action was taken, and when. *If answering yes to # 4 record NTU/Transparency with continual sampling daily until turbidity is 25 NTU or less/ transparency is 33 cm or greater. Sampling Results: Date: Parameter Method (circle one) Result Other/Note NTU cm pH Turbidity tube, meter, laboratory pH Paper, kit, meter Page 1 Construction Stormwater Site Inspection Form D. Check Element # Inspection BMPs BMP needs BMP Action Inspected maintenance failed required yes no n/a (describe in section F) 1 Before beginning land disturbing Clearing activities are all clearing limits, Limits natural resource areas (streams, wetlands, buffers, trees) protected with barriers or similar BMPs? (high visibility recommended) 2 Construction access is stabilized Construction with quarry spalls or equivalent Access BMP to prevent sediment from being tracked onto roads? Sediment tracked onto the road way was cleaned thoroughly at the end of the day or more frequent as necessary. 3 Are flow control measures installed Control Flow to control stormwater volumes and Rates velocity during construction and do they protect downstream properties and waterways from erosion? If permanent infiltration ponds are used for flow control during construction, are they protected from siltation? 4 All perimeter sediment controls Sediment (e.g. silt fence, wattles, compost Controls socks, berms, etc.) installed, and maintained in accordance with the Stormwater Pollution Prevention Plan (SWPPP). Sediment control BMPs (sediment ponds, traps, filters etc.) ha ve been constructed and functional as the first step of grading. Stormwater runoff from disturbed areas is directed to sediment removal BMP. 5 Have exposed un-worked soils Stabilize been stabilized with effective BMP Soils to prevent erosion and sediment deposition? Page 2 Construction Stormwater Site Inspection Form Element # Inspection BMPs BMP needs BMP Action Inspected maintenance failed required yes no n/a (describe in section F) 5 Are stockpiles stabilized from erosion, Stabilize Soils protected with sediment trapping Cont. measures and located away from drain inlet, waterways, and drainage channels? Have soils been stabilized at the end of the shift, before a holiday or weekend if needed based on the weather forecast? Has stormwater and ground water 6 been diverted away from slopes and Protect disturbed areas with interceptor dikes, Slopes pipes and or swales? Is off-site storm water managed separately from stormwater generated on the site? Is e xcavated material placed on uphill side of trenches consistent with safety and space considerations? Have check dams been placed at regular intervals within constructed channels that are cut down a slope? 7 Storm drain inlets made operable Drain Inlets during construction are protected. Are existing storm drains within the influence of the project protected? 8 Have all on-site conveyance channels Stabilize been designed, constructed and Channel and stabilized to prevent erosion from Outlets expected peak flows? I s stabilization, including armoring material, adequate to prevent erosion of outlets, adjacent stream banks, slopes and downstream conveyance systems? 9 Are waste materials and demolition Control debris handled and disposed of to Pollutants prevent contamination of stormwater? Has cover been provided for all chemicals, liquid products, p etroleum products, and other material? Has secondary containment been provided capable of containing 110% of the volume? Were c ontaminated surfaces cleaned imm ediately after a spill incident? Were BMPs used to prevent contamination of storm water by a pH modifying sources? Page 3 Construction Stormwater Site Inspection Form Element # Inspection BMPs BMP needs BMP Action Inspected maintenance failed required yes no n/a (describe in section F) 9 Wheel wash wastewater is handled Cont. and disposed of properly. 10 Concrete washout in designated areas. Control No washout or excess concrete on the Dewatering ground. Dewatering has been done to an approved source and in compliance with the SWPPP. Were there any clean non turbid dewatering discharges? 11 Are all temporary and permanent Maintain erosion and sediment control BMPs BMP maintained to perform as intended? 12 Has the project been phased to the Manage the maximum degree practicable? Project Has regular inspection, monitoring and maintenance been performed as required by the permit? Has the SWPPP been updated, implemented and records maintained? 13 Is all Bioretention and Rain Garden Protect LID Facilities protected from sedimentation with appropriate BMPs? Is the Bioretention and Rain Garden protected against over compaction of construction equipment and foot traffic to retain its infiltration capabilities? Permeable pavements are clean and free of sediment and sediment laden- water runoff. Muddy construction equipment has not been on the base material or pavement. Have soiled permeable pavements been cleaned of sediments and pass infiltration test as required by stormwater manual methodology? Heavy equipment has been kept off existing soils under LID facilities to retain infiltration rate. E. Check all areas that have been inspected. All in place BMPs All disturbed soils All concrete wash out area All material storage areas All discharge locations All equipment storage areas All construction e ntrances/exits Page 4 Construction Stormwater Site Inspection Form F. Elements checked be specific on location and work needed. Document, initial, and date when the corrective action has been completed and inspected. Element Description and Location Action Required Completion Initials # Date Attach additional page if needed Sign the following certification: Inspected by: (print) (Signature) Date: Ti tle/Qualification of Inspector: Page 5 (this page intentionally left blank) PART 8. APPENDICES APPENDIX C PSE UNDERGROUND POWER PLANS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 8. APPENDICES (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 8. APPENDICES APPENDIX D C U L T U R A L R E S O U R C E S R E P O R T City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 8. APPENDICES (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions CULTURAL RESOURCES REPORT COVER SHEET Project Number: 2024-09-06819 Author: Megan A. Matson Title of Report: Cultural Resource Assessment of the Yelm Activated Alleyway Project, Yelm, Thurston County, Washington Date of Report: October 7, 2024 County: Thurston Section: 19 Township: 1 7 N Range: 1 E Quad: McKenna (2023) Acres: >1 PDF of report submitted (REQUIRED) Yes Historic Property Inventory Forms to be Approved Online? Yes No Archaeological Site(s)/Isolate(s) Found or Amended? Yes No TCP(s) found? Yes No Replace a draft? Yes No Satisfy a DAHP Archaeological Excavation Permit requirement? Yes # No Were Human Remains Found? Yes DAHP Case # No DAHP Archaeological Site #: Cultural Resource Assessment of the Yelm Activated Alleyway Project,Yelm, Thurston County, Washington Prepared By: Megan A. Matson, B.A. Principal Investigator: Garth L. Baldwin, M.A., RPA 16248 Prepared For: Brad Chatwood,Projects & Programs Manager Yelm City Hall 106 2nd St SE Yelm, W ashington 98597 Drayton Archaeology Report: 0 824J October 7, 2024 CONTENTS Summary ......................................................................................................................................... 1 Regulatory Context ......................................................................................................................... 1 Project Location and Description .................................................................................................... 2 Background Review ........................................................................................................................ 5 Natural Environmental Setting ................................................................................................... 5 Geology and Topography ....................................................................................................... 5 Soils ......................................................................................................................................... 6 Flora and Fauna ....................................................................................................................... 6 Cultural Context .......................................................................................................................... 8 Precontact ................................................................................................................................ 8 Ethnographic ........................................................................................................................... 9 Historic Period ...................................................................................................................... 10 Cultural Resource Management Inventories and Documented Resources ............................... 13 Previous Cultural Resources and Sites ................................................................................. 13 National Registered Historic Places (NRHP) ....................................................................... 14 Recorded Cemeteries ............................................................................................................ 14 Cultural Resource Expectations .................................................................................................... 14 Field Investigation ........................................................................................................................ 15 Conclusions and Recommendations ............................................................................................. 22 Inadvertent Discovery Protocols ................................................................................................... 22 Archaeological Resources ......................................................................................................... 22 Human Burials, Remains, or Unidentified Bone(s) .................................................................. 22 References ..................................................................................................................................... 24 Appendix A: Shovel Probe Index ................................................................................................. 31 FIGURES AND TABLES Figure 1. A portion of the USGS McKenna (2023), WA 7.5' quad map of the project area. ......... 3 Figure 2. An aerial image illustrating the project area. ................................................................... 4 Table 1. Cultural resource studies recorded within an approximate 1.6 km (one-mile) radius of the project area. ..................................................................................................................... 13 Figure 3. An aerial image illustrating shovel probe locations. ..................................................... 18 Drayton Archaeology Report 0 824J i LIST OF PHOTOS Photo 1. Northwestern overview of the project area with utility locate lines painted. ................. 16 Photo 2. Test Pit 3 located adjacent to existing utilities, north facing. ......................................... 16 Photo 3. Utility locates painted in the project area, southeast facing. .......................................... 17 Photo 4. Test Pit 1 consists entirely of fill. ................................................................................... 19 Photo 5. Test Pit 2, terminated at utility line. ............................................................................... 19 Photo 6. Test Pit 6, terminated at sewage line. ............................................................................. 20 Photo 7. Utility tape in Test Pit 2. ................................................................................................. 20 Photo 8. Glue Tube observed in Test Pit 3. .................................................................................. 21 Photo 9. Modern trash from Test Pit 5. ......................................................................................... 21 Drayton Archaeology Report 0 824J ii Cultural Resource Assessment of the Yelm Activated Alleyway Project, Yelm, Thurston County, Washington Authors: Megan A. Matson Date: October 7, 2024 Location: Yelm, Thurston County, Washington USGS Quad: McKenna, WA 7.5-minute USGS Quadrangle (2023) Township, Range, Section: T 1 7 N R 1 E S 19 SUMMARY Drayton Archaeology (Drayton) was retained by the City of Yelm to conduct an archaeological assessment at 106 2nd St reet SE (TPN: 64400801500), Yelm, Thurston County for the proposed Alleyway Project. The project involves replacing the water line before repurpos ing the underused alleyway for a better walkable space for outdoor/social activities. The purpose of this review is to assess the property for cultural resources that may complicate the proposed work. This archaeological assessment was conducted to satisfy compliance requirements under Executive Order 21-02 (GEO 21-02) due to funding from Washington Department of Commerce (Commerce) and, if cultural resources are encountered, through RCW 27.53 as administered by the Washington Dep artment of Archaeology and Historic Preservation (DAHP). The closest recorded site is 45TN551, a historic debris deposit. investigation, and production of this report. Background review concluded the project is in an area four (4) known archaeological sites, topography, and ecological context. On-site fieldwork included sys tematic visual reconnaissance and subsurface investigation of areas of proposed impact. No precontact or historic archaeological deposits were encountered within the project area during investigation. Drayton recommends the project proceed with no additional archaeological oversight. Although no archaeological management or mitigation measures are recommended, the project is located within an area of moderate probability for encountering cultural resources. A general inadvertent discovery plan (IDP) for the information of all involved in the project is located at the end of this document. It is the responsibility of all involved to ensure proper consideration for cultural resources and to develop archaeological mitigation strategi es, as needed. REGULATORY CONTEXT The regulatory environment for the present project is compliance with Washington State Executive Order 21-02 (EO 21-02). This order requires all state agencies to review Drayton Archaeology Report 0 824J 1 capital construction projects with the DAHP and affected Tribes to determine the potential impacts to cultural resources. In accordance with the order, when state funds are used for a project, the proponent is required to consult with the DAHP and interest ed tribal organizations to determine whether there are known cultural resources or if there is a potential for such sites within the project area. It is the responsibility of the agency to assure proper consideration for cultural resources and to develop a rchaeological survey and mitigation strategies. In concert with EO 21-02, the State of Washington requires all its agencies to comply with the cultural resources management laws and regulations under the Revised Code of Washington (RCW) 27.53 Archaeological Sites and Resources, RCW 27.44 Indian Graves a nd Records, and RCW 68.50.645 Skeletal Human Remains Duty to Notify. The latter regulation provides a strict process for notification of law enforcement and other interested parties in the event of the discovery of any human remains, regardless of inferred cultural affiliation. PROJECT LOCATION AND DESCRIPTION The project area consists of less than an acre located at 106 2nd St reet SE (TPN: 64400801500) in T ownship 1 7 N R ange 1 E S ection 19 of McKenna (Figures 1 and 2). The project, as proposed, involves the in-kind replacement of existing water line s before repurpos ing the underused alleyway for outdoor/social activities walkable space. Drayton Archaeology Report 0 824J 2 Figure 1. A portion of the USGS McKenna (2023), WA 7.5' quad map of the project area. Drayton Archaeology Report 0 824J 3 Figure 2. An aerial image illustrating the project area. Drayton Archaeology Report 0 824J 4 BACKGROUND REVIEW An investigation of available archives informs us of the potential for encountering cultural precontact and historic environmental and cultural contexts, previously r ecorded cultural resources studies and site records, and selected published local historic accounts. Archaeological records are (DAHP) Washington Information System fo r Architectural and Archaeological Records Data (WISAARD). WISAARD is a restricted-access searchable geographic information system containing locations of previously recorded cultural resources surveys conducted post-1995, archaeological sites, historic sites, National Register of Historic Places (NRHP) sites, and cemeteries and burials. For this project, Drayton reviewed cultural resource archives documented within an approximate 1.6 kilometer (km) or one-mile (mi) radius of the project area. The following sections detail the environmental, cultural, and archaeological circumstances that Project area. Natural Environmental Setting The environmental setting of the region is presented here to appreciate the unique geologic conditions responsible for the landscape formations that affected the lifeways of early inhabitants. Natural geologic conditions also provide baseline context for the cultural resources assessment to better understand how the landscape has been culturally modified by various human activities. Geology and Topography The project is located within the Nisqually River watershed. Fed by five glaciers on Mount Rainier, the Nisqually River flows from the Cascade foothills into south Puget Sound through the Nisqually National Wildlife Refuge. The project lies within the Puget Lowland physiographic province. The Puget Lowland is a physiographic province shaped by at least four periods of extensive glaciation during the Pleistocene (Easterbrook 2003, Waitt and Thorson 1983; Lasmanis 1991). Periodic glaciation depressed and deep ly scoured bedrock depositing sediments that that were continually reworked as glaciers advanced and retreated. These events resulted in the deposition of glacial till and outwash across much of the region at the end of the last glacial period, the Fraser Glaciation (Easterbrook 2003). The Vashon Stade of the Frasier Glaciation began approximately 18,000 years ago. This ice sheet advanced from British Columbia to just south of Olympia, enveloping the entire Puget Lowland (Porter and Swanson 1998). In wester n Whatcom County, glacial ice reached a thickness greater than 5,500 feet (Easterbrook 2003). This tremendous volume of ice scoured underlying bedrock and helped shape the present-day landscape. The ice retreated to present-day Seattle approximately 13,500 years ago, and large areas south of Seattle were covered by recessional outwash sands and gravels. Drayton Archaeology Report 0 824J 5 As the ice retreated, marine waters entered the lowlands carved out by the glacier filling the Puget Sound. Seawater lifted the ice causing it to fracture into berg ice. Everson glaciomarine drift deposits dating between 12,500 and 11,500 years before present were released from the melting glacial ice and deposited on the sea floor across the northern and central Puget Lowland (Easterbrook 2003). The enormous weight of the ice depressed the land and as the crust rebounded, relative sea levels fell, exposing drift deposits (Clague and James 2002; Easterbrook 2003). The Cordilleran ice sheet advanced during the Sumas Stade of the Fraser Glaciation, ca. 11,600 to 10,000 BP, depositing glacial till and outwash sediments in northwestern Washington (Kovanen and Easterbrook (2002). The Cordilleran ice sheet disappeared approximately 10,000 years ago, bringing an end to the Ice Age in this region. The melted ice resulted in the transport and deposit of rocks, sand, soils and debris along the regions scoured by the glacier. These depos - cutting through this glacial till and outwash for the next 10,000 years. The thousands of rivers and streams within the Puge t Lowland carved out valleys, created deltas, filled in bays, and buried low- lying shorelines, creating the modern landscape. The underlying geology in the area consists of Tertiary sedimentary rocks (Lapen 2000). The bedrock is the Padden member of the Chuckanut Formation. The Padden Member consists of sandstone and conglomerate alternating with mudstone and minor amounts of co al dating to the late Eocene (Lapen 2000). These sedimentary rocks formed in a broad river floodplain prior to the formation of the Cascade Mountains (Mustoe et al. 2007). Soils The University of California Davis Agriculture and Natural Resources, in conjunction with the United States Department of Agriculture Natural Resource Conservation District, developed an interactive soil survey application that provides a description of na tive soils in specific locales. According to the UC Davis SoilWeb database, soils within the project area are mapped as Spanaway gravelly sandy loam. The Spanaway series consists of very deep, somewhat excessively drained soils that formed in glacial outwa sh. These soils are located on terraces and plains with slopes ranging from 0 to 15 percent. A typical profile consists of an Oa horizon from 0 to 3 centimeters (cm) or 0 to 1 inch (in) of very dark brown highly decomposed plant material, mostly from grass roots and moss; an A horizon from 3 to 38 cm (1 to 15 in) of very dark grayish brown gravelly sandy loam; a Bw horizon from 38 to 48 cm (15 to 19 in) of grayish brown very gravelly sandy loam; and a 2C horizon from 48 to 150 cm (19 to 59 in) of light brow nish gray extremely gravelly sand (UC Davis SoilWeb n.d.). Flora and Fauna The project area is located within the Western Hemlock or Tsuga heterophylla vegetation zone. The Western Hemlock Zone extends from the Kenai Peninsula in Alaska, along the coast and inland western slopes of the Cascade Range of Washington and Oregon states, to Sonoma County Drayton Archaeology Report 0 824J 6 in California. Dominating the mild and humid regions along the coast the Western Hemlock Zone is influenced by maritime climatic zones (Franklin and Dyrness 1973). Native vegetation includes Douglas fir (Pseudotsuga menziesii), western red cedar (Thuja plicata), western hemlock (Tsuga heterophylla), salal (Gaultheria shallon), and vine maple (Acer circinatum). Native Understory vegetation includes bracken fern (Pteridium aquilinum), black raspberry or blackcap (Rubus occidentalis), currants and gooseberries (Ribes spp.), deer fern (Blechnum spicant (Oplopanax horridus), huckleberries (Vaccinium spp.), Indian plum or Oso berry (Oemleria cerasiformis), oceanspray (Holodiscus discolor), red elderberry (Sambucus racemosa), snowberry (Symphoricarpos albus), sword fern (Polystichum munitum) and trailing blackberry (Rubus ursinus) (Franklin and Dyrness 1973; Pojar and MacKinnon 1994). Large areas of prairie, oak woodland, and pine forest are distributed throughout the southern Puget Sound basin (Franklin and Dyrness 1973). Large areas would differ from the broader regional pattern with areas of prairie, oak woodland, and pine forest being distributed throughout the southern Puget Sound basin (Franklin and Dyrness 1973:88). Several prairies are located near the project, including Mima Prairie, Scatter Prairie, and Baker Prairie. The origin and maintenance of prairies in this region have been attributed to the occurrence of droughty and gravelly soils from glacial outwash combined with low precipitation during summer, an d frequ ent burning by human occupants in precontact, ethnographic, and historic times (Franklin and Dyrness 1973:89). Vegetation in these prairies consist largely of bunch grasses and sedges including Idaho fescue or blue bunchgrass (Festuca idahoensis), Pennsylvania sedge (Carex pensylvanica), mosses (Racomitrium canescens), flowers and herbs such as blue- eyed grass (Sisyrinchium idahoense Dodecatheon hendersonii), thrift/sea pink (Armeria maritima), early blue violet (Vi ola adunca), yellow montane violet/prairie violet (Viola premorsa), grassland saxifrage (Saxifraga intergrifolia), Deltoid balsamroot (Balsamorhiza deltoidea), and perhaps most important to indigenous communities, camas (Camassia quamash) (Franklin and Dyrness 1973; Pojar and MacKinnon 1994). The region sustains various large and small mammals, fish, and birds. Large mammal species include elk/ wapiti (Cervus canadensis), blacktail deer (Odocoileus hemionus), black bear (Ursus americanus), and mountain lion (Puma concolor). After being hunted to extinction in Western Washington, recovery efforts are being utilized for the reintroduction of wolves (Canis lupus). Small mammals include rabbits (Leporidae spp.), fox (Vulpes vulpes), beaver (Castor canadensis), raccoon (Procyon lotor), coyote (Canis latrans), river otter (Lutra canadensis), and bobcat (Lynx rufus). The project is located south of the salt waters of the Puget Sound, and over 50 miles from Grays Harbor and Willapa Bay. Fish, especially salmon, are a major resource in the region. Cutthroat trout (Oncorhynchus c larkii), Dolly Varden trout (Salvelinus malma), rainbow trout (Oncorhynchus mykiss), mountain whitefish (Prosopium williamsoni), and suckers are plentiful. Pink salmon (Oncorhynchus gorbuscha), sockeye (Oncorhynchus nerka), Chinook Drayton Archaeology Report 0 824J 7 (Oncorhynchus tshawytscha), coho (Oncorhynchus kisutch), chum salmon (Oncorhynchus keta), and steelhead (Oncorhynchus mykiss) are widely available. Over 200 species of seasonal and permanent birds find refuge in the Nisqually River and its tributaries. Bald eagles (Haliaeetus leucocephalus), great horned owls (Bubo virginianus), winter wrens (Troglodytes hiemalis), and pileated woodpeckers (Dryocopus pileatus) are often observed among the riparian woodland and brush habitats. Raptors such as red-tailed hawks (Buteo jamaicensis), northern harriers (Circus hudsonius), and Peregrine falcons (Falco peregrinus) frequent the inland and shoreline habitats. Shorebirds and waterfowl including snow geese (Anser caerulescens), trumpeter (Cygnus buccinator) and tundra (Cygnus columbianus) Swans, great blue heron (Ardea erodias), Canada goose (Branta canadensis), wood duck (Aix sponsa), green-winged teal (Anas crecca), mallard (Anas platyrhynchos), northern pintail (Anas acuta), gadwall (Anas strepera), American wigeon (Anas ameri cana), and red-winged blackbird (Agelaius phoeniceus) often find refuge in the salt and freshwater marshes. Cultural Context A broad discussion of regional land use in the vicinity of the Project area provides contextual information regarding past inhabitants and the activities in which they engaged. It is important to note that many of the name designations applied to Native inhabitants (particularly during contact and early historic periods), are those given by European explorers, Euro-American settlers, and others compiling information for treaty purposes. Human occupation of the Puget Lowland is well documented in several archaeological, ethnographic, and oral historical records (e.g., Ames and Maschner 1999; Greengo and Houston 1970; Larson and Lewarch 1995; Moss 2011; Nelson 1990; Suttles 1974). British C olumbia Northwest Coast Culture traditions are closely related and can be viewed in Borden (1950; 1975), Carlson and Dalla Bona (1996), Fladmark (1982), and Matson and Coupland (1995). Precontact Puget Lowland archaeology has traditionally been subdivided into three time periods: the early (approximately 12,000 to 5,000 years BP), middle (approximately 5,000 to 1,000 BP) and late periods (approximately 1,000 to 250 BP) (Carlson 1983). However, cali brated radiocarbon dates from the Bear Creek site (45KI839) located in Redmond, Washington date to 12,420 - 12,690 years BP (Kopperl et al. 2015). The date ranges associated with the archaeological time periods of this region are fluid and subject to chang e when new sites are located and dated. The early period is characterized by activities to support habitation within subsistence practices along river terraces or outwash channels. Tool technology is primarily characterized by flaked stone tools including fluted projectile points, leaf-shaped points, and cobble-derived tools. These artifacts are often attributed to the Olcott phase, named af ter the site-type near Arlington and Granite Falls (Baldwin 2008; Kidd 1964; Mattson 1985). As suggested by Mattson (1985) and Kidd (1964), Olcott sites are g enerally located away from modern shorelines, where occupation Drayton Archaeology Report 0 824J 8 took place along terraces of active water courses of the time. Today, these past habitation areas are often found away from modern rivers, as the course of waterways and channels have shifted over time. Besides the lithic assemblage, little faunal or organ ic evidence dates to this period -likely a result of poor preservation due to soil composition and elapsed time. The lack of organic evidence and the abundance of lithic materials unintentionally skew the archaeological record to suggest a specialization of terrestrial hunting practices. The middle period coincides with a stabilization of the physical environment and climate to modern conditions. The middle period is noted for its increased artifact and trait diversity including a full woodworking toolkit comprised of bone and antler imple ments, art and ornamental objects, status differentiation in burials, and extremely specialized fishing and sea-mammal hunting technologies (Ames and Maschner 1999; Matson and Coupland 1995; Moss 2011; Wessen 1990). Lithic technology becomes specialized to include smaller notched points and ground stone (Moss 2011; Nelson 1990; Wessen 1990). Shell midden sites first appeared during this period, indicating a transition to a predominantly maritime-based subsistence pattern (Matson and Coupland 1995; Nelson 19 90; Thompson 1978). Although structural elements such as post molds have been identified (Moss 2011; Nelson 1990), habitation structures have not been excavated. The late period is dominated by a settlement pattern along the coastline, streams, and rivers that show evidence of increased fortification (Ames and Maschner 1999; Matson and Coupland 1995; Moss 2011). Rising sea levels and riparian environments supportin g large salmon runs allowed salmon to become a predominant food source (Moss 2011; Wessen 1990). The late period is generally recognized by an apparent decrease in artifact diversity. Stone carving and chipped stone technologies nearly disappear, while tra de goods (indicating extensive trade networks along the coast and with inland plateau peoples), increase (Moss 2011; Nelson 1990; Thompson 1978). Ethnographic The project is located within the ceded and traditionally occupied lands of three Coast Salish groups: the Nisqually, Sahewamish, and Squaxin (Smith 1940; Spier 1936; Suttles and Lane 1990). The territory of the Nisqually included both the north and south sides of the Nisqually River from its delta to roughly 30 miles upstream into the foothills of Mt. Rainier (Haeberlin and Gunther 1930). The Nisqually were like other Puget Sound tribes in that they lived in cedar plank houses along salmon bearing waterway s for much of the year. Several Nisqually village sites are recorded in the vicinity of the APE including toot-SEHTS- located on the west side of Henderson Inlet midway between the head of inlet and Woodward Bay (Smith 1940); too-DAH-dahb, located at the mouth of McAllister or Medicine Creek (Smith 1940); ehl-OH-suh-dahbch located at the east side of the mouth of the Nisqually River (Smith 1940); and, yoh-WHAHLS-tsahbch located on the flats near the river bed at the mouth of Muck Creek (Smith 1940). Drayton Archaeology Report 0 824J 9 The Squaxin lived between Hood Canal and Case Inlet on the southern extent of Puget Sound and the Sahewasmish lived on the southernmost portions of land projecting into Puget Sound. Their economies were based on hunter-fisher-gatherer subsistence practices and supported by predictable and steady harvests of anadromous fish (primarily salmon) supplemented with terrestrial game (elk and deer), and plant resources. Gathering activities occurred throughout the year and reliant on the seasonal availability of re sources. Food gathered during the abundant spring and summer months was prepared and stored for periods of resource scarcity (Meeker 1905; Smith 1940). Upriver villages along the Nisqually were comprised of single or small clusters of cedar plank dwellings that housed family groups. Inland riverine groups are distinguished from their saltwater relatives, primarily by differences in subsistence activities. Upriver groups largely subsisted on salmon and resources hunted or gathered on the inland prairies. In contrast, saltwater groups utilized shellfish resources on river deltas. Salmon were fished at Ohop Lake and Ohop Creek using gaff hooks and spears (Yel lout 1941) and fish traps and weirs were employed at the confluence of the Mashel and Nisqually Rivers (Meaney 1916; Bjarke 1949). The inland Nisqually were also distinguished by the languages they spoke: the Southern Lushootseed and the Sahaptin languages. Nisqually trading and intermarriage with the Sahaptin east of the Cascades (including the Klickitat and Yakama) fostered strong t ies. The Nisqually and Cowlitz Pass (Bjarke 1949). This trail also became an early European route across to the Cascades, often with Native Americans as guides. O f significance to the local history of this area were the events that unfolded following the signing of treaties facilitated by Governor Isaac Stevens. Once the treaties were signed, Native title to traditionally used lands was dissolved, forcing people on to poor quality reservation lands. Euro-American presence and influence in the region substantially changed the lifeways of Native inhabitants. Treaties were implemented to establish Euro-American order among various tribal communities. Many Native American groups became angry and dissatisf ied over Euro-American settlement of their traditional lands, oftentimes resulting in conflict and uprisings. From 1855 - 1856, Chief Leschi commanded the Indian forces during the Indian Wars against the United States military. The Mashel River Village loc ated at the confluence of the Mashel and Nisqually Rivers was the site of conflict between westerners and native villagers. In 1856, members of the Washington Mounted Rifles perpetrated the village to force community members onto deeded reservations. The c onflict resulted in the deaths of several village members, principally women and children (Wonacott 2008). Historic Period Non-native history of the region is largely linked with early exploration. Robert Gray was the first American to explore the coastline of Washington State in 1788 and 1789. The Voyage of Drayton Archaeology Report 0 824J 10 Discovery under Captain George Vancouver of Britain followed soon after. Vancouver explored the Puget Sound region extensively and in 1792, claimed the entire territory for the British government. This went largely ignored by the Americans and American gov ernment (Ritter 2003). The 1803 Louisiana Purchase extended American territory into the Northwest, but with undetermined boundaries. The Lewis and Clark expedition (1805 1806) began the formal effort by the United States to explore and eventually settle the Northwest. From 1818 until the early 1840s, the US and Britain agreed to coexist in the Oregon Territory, which extended from the northern border of California to the southern border of Alaska and included all land west of the Rocky Mountains (Tenlen 2 006). Following closely on the heels of explorers were those in search of profits from abundant land resources. Loggers and trappers collected these resources and transported them over water to larger ports. To gain control of the northwest, the British establis Bay Company (HBC) consisting of French- legal extension in the territory. The HBC operated from their base at Fort Vancouver, (near present-day Vancouver in Clark Co unty) and at Fort Nisqually, established in 1833, which resulted in the first major contact between the Nisqually and non-natives (Kirk and Alexander 1990). The first missionary, a Methodist named Dr. J.P. Richards, resided at Fort Nisqually from 1840 to 1 842 (Suttles and Lane 1990). Americans migrated into the northwest due to economic depression and poor farming conditions on other parts of the country in the late 1830s. In 1850, the Donation Land Claim Act (DLC) was enacted by Congress to increase American population in the region. The land act allowed any man over the age of eighteen years to claim 320 acres of land, if it was cultivated for a period of at least four years. If the man was married, he could claim an additional 320 acres. In the period of just a few years, the northwe st experienced a relative increase in population (Avery 1965). The Nisqually were friendly with their new Euro-American neighbors and often relinquished certain agreed upon lands to them, however, tensions increased with the influx of new settlers. An attack on Fort Nisqually led by Chief Patkanim of the Snoqualmie an d allied tribes occurred in 1849, leading to the construction of Fort Steilacoom and the demand for additional troops (Wonacott 2008). In 1853, Washington Territory was established and shortly after Governor Isaac Stevens was Stevens pushed four treaties, including the Medicine Creek Treaty of 1854, which included signatories from the Puyallup, Squaxin, and Nisqually tribes (Wonacott 2008). The treaty included tribal fishing rights, but the land reserved for the Nisqually reservation did not contain rivers or prairies necessary for the Nisqually way of life. Leschi, who had been made a sub-chief by Governor Stevens, voiced his displeasure, ripped up the commission, and left the treaty grounds Drayton Archaeology Report 0 824J 11 (Wonacott 2008; Meeker 1905). There is doubt that Leschi ever signed the treaty. Leschi himself denied signing until the day of his execution, as did other Nisqually and Puyallup members. Senator L.F. Thompson also wrote that he does not believe that Lesch i signed the treaty (Curtis 1913; Meeker 1905). In 1855, the military and tribes east of the Cascades were engaged in warfare and by late October of that year, The Puget Sound Indian Wars erupted. James McAllister, the first settler of the Nisqually Valley (and friend of Leschi) wrote to Acting Territorial Governor Charles H. Mason (Blee 2014:244). Mc Allister and Michael Connell (both members of the Puget Sound Rangers under Captain Charles Eaton) took ninet een men and two Indian guides with them to find Leschi and his brother Quiemuth to force them into government surveillance in Olympia (Meeker 1905). ambushed and killed o n October 27, 1855. The White River Massacre, located near present day Auburn, occurred the following day and nine men, women, and children were murdered (Meeker 1905). Leschi condemned these actions by the White River groups and focused on military pursui ts. On October 31, 1855, Prairie. After a brief council, the men continued their way. However, upon arriving near the location where McAllister and Connell were killed, the party was ambushed. Abraham Benton Moses of the Militia of Thurston County and Joseph Miles, a member of the Puget Sound Mounted Volunteers, were killed in the ambush (Meeker 1905). Leschi would later stand trial for the murder of Moses. Attempting to keep Nisqually wo men and children safe, Leschi and his soldiers took refuge in Yakama territory. Several small skirmishes, battles, and other acts of war occurred over the course of the next year, including what is known as the Mashel Massacre. Details of the event vary in written records, and within Nisqually oral history. Wonacott (2008) conducted a comprehensive review of the events that led to the Mashel Massacre and explored all available written records, oral histories, and indigenous interviews regarding the event. Wonacott (2008) describes that on March 31, 1856, Captain H.J.G. Maxon, Captain A chilles, and over 50 Washington Territorial Volunteers marched into Nisqually territory searching for Native people and settlers providing them with aid. While searching the area near Mashel Prairie and the Ohop Valley, Maxon and his forces encountered and killed several individuals near the mouth of the Mashel River. Tragically, the attack appears to have been an excessive response of force following the firing of a single defensive shot by a Nisqually gunman. dividuals were native men, but as mentioned previously, other accounts suggest the majority of those killed were women, children, and elderly men. lands. Accounts also vary as to the number of lives lost, spanning between eight to thirty casualties. Drayton Archaeology Report 0 824J 12 The war ended in the summer of 1856. Leschi wished to surrender in November, but was turned over to Governor Stevens by his nephew Sluggia. Leschi was placed on trial at Fort Steilacoom for the murder of Moses and other hostilities conducted over the last year. During this trial, jurors Ezra Meeker and William M. Kincaid refused to co nvict Leschi on the account that a deed committed as an act of war could not be punished in civil court (Meeker 1905). In 1857, Leschi again stood trial, this time in Olympia and under prejudices and the influence of Governor Stevens. He was convicted and sentenced to death by hanging at Steilacoom on June 10, 1857. Numerous appeals and clemency petitions were signed for the life of Leschi, but he was ultimately executed on February 19, 1858, about a mile east of Fort Steilacoom (Meeker 1905). In 2004, the Washington State Senate Resolution 8727 formally exonerated Leschi of the charge of murder deeming that he and Moses were legal combatants in a war. The resolution also recognized the injust ices of the trial and execution (HistoryLink Staff 2011). Cultural Resource Management Inventories and Documented Resources Previous cultural resources studies conducted in the vicinity of the subject project were reviewed to provide archaeological context for this assessment. The review of past work, along with the specific topographic and ecological contexts of a particular p roperty contributes to the construction of expectations for, and determining the probability of, encountering cultural resources. Previous Cultural Resources and Sites to the available data on WISAARD, eight (8) cultural resources studies are recorded within a 1.6 kilometer (km) or one-mile radius of the project area Table 1. These studies were largely conducted to satisfy regulatory compliance related to infrastructure and development projects. The project area is nearest to 45TN551, a historic debris scatter consisting of glass fragments from vessels and containers, wire nail s, metal fragments and ceram ic fragments. Additionally, three (3) other sites are located within a one-mile (1.6 km) radius. Table 1. Cultural resource studies recorded within an approximate 1.6 km (one-mile) radius of the project area. Citation Report Title Results Costa 2024 Cultural Resource Assessment for the Crystal Springs Road Short Plat Negative Project Mathews 2018 Cultural Resource Assessment for the Yelm High School Bypass Road 45TN00492 Project Blake and Cultural Resources Survey for Mosman Avenue Phase 2 Project, Thurston Negative Donovan-Boyd County, Washington 2017a Blake and Cultural Resources Survey For the City Of Yelm Splash Park, Thurston Negative Donovan-Boyd County, Washington 2017b Emerson 2014 Cultural Resources Survey for the City of Yelm Community Center Project, Negative Thurston County, Washington Drayton Archaeology Report 0 824J 13 Citation Report Title Results Sharley 2008 Cultural Resources Survey for the City of Yelm Coates Road SE Improvement Negative Project Luttrell 2006 Cultural Resources Investigations for the City of Yelm Stevens Street Negative Improvement Project Dugas 1999 Yelm Y2/Y3 Corridor Analysis. Pierce County. Archaeological Assessment 34-02 The closest site was recorded by Sharley (2022). Site 45TN551 is located approximately 323 feet (98 meters) south of the project area and 100 ft (30 m) northwest of the intersection of SE McKenzie Ave nue and 3rd St reet SE. 45TN551 is a historic debris scatter that consists of glass shards from vessels and containers (clear, blue, green, amber, white), wire nails, metal fragments and whiteware ceramic shards. A battery filling fragment was also recorded, but was modern. The next closest site is 45TN260 which was recorded by Crooks (1993) and is located approximately 0.44 mi (0.71 km) northwest of the project. 45TN260 is better known as the George Edwards Homestead and is the first structure built in the City of Yel m. The third closest property is 45TN569 which was recorded by Hillstrom (2024) and is located approximately 0.82 mi (1.3 km) northwest of the project area. The site is a historic structural debris scatter, which consists of a 35 ft (10.7 m) by 24 ft (7.3 m) by 10.5 in (26.7 cm) concrete foundation, four (4) concrete blocks, and a stone pile consisting of cobbles. Metal scraps were also found near the cobble pile. The furthest site was recorded by Mathews (2018). Site 45TN492 is approximately 0.87 mi (1.4 km) northwest of the project area. The site consists of a historic agricultural field, a hatch disc made from plastic ins ulation and railroad ties. National Registered Historic Places (NRHP) There is one (1) NRHP eligible propert y within a 1.6 km (one-mile) radius of the project area. The Yelm Water Tower, 45TN487, is located 200 feet (60 m) west of the project area. Built in 1946, referred to as "tin man" water tower with its conical roof and hemispherical bottom, standing 125 feet (38 m) tall and holding up to 50,000 gallons of water. Recorded Cemeteries There are no cemeteries recorded within a 1.6 km (one-mile) radius of the project area. CULTURAL RESOURCE EXPECTATIONS Based on the preceding background review, Drayton concludes that the project is located within an area of moderate probability fo r historic-era or precontact cultural deposits, structures, or isolated items. The project area is in relative proximity to four (4) archaeological sites and the Drayton Archaeology Report 0 824J 14 surrounding area has not been surveyed yet is highly developed, increasing the probability for disturbed archaeology. If precontact materials are present, they may include remnants associated with habitation, subsistence practices, or ceremonial activities. Shell midden, vestiges of temporary habitation areas and dwellings, lithic scatters, trails, hearths, fire modified rock, faunal remains, and other materials associated with precontact life may be represented. Historic-era remnants of early Euro-American settlement and subsequent occupation are also considered. FIELD INVESTIGATION Drayton employs standard archaeological field methods to assess the potential for cultural resources within the project area. Field methods include a thorough visual reconnaissance of the property and subsurface examination of soils. Visual reconnaissance includes a detailed surface survey of the areas proposed for ground alteration (or other impact) to examine existing ground disturb ances and locate surficial cultural materials or structures with historic or archaeological importance or cultural concern. S ubsurface examination through the excavation of shovel probes or large-scale mechanical excavation provides a detailed sample of soil conditions to assess potential for, or presence/absence of, buried archaeological deposits. Subsurface excavation is typic ally dependent upon considerations of the landform, topography, project proposal, and geologic conditions. September 26, 2024, by Archaeologist Megan Matson. Weather conditions were partly cloudy and temperate. A visual inspection of the project area was conducted to examine the terrain, observe existing ground disturbances, and locate surficial cultural materials. The project area consists of an alleyway of concrete with installed, subsurface utilities throughout (Photos 1 and 2). No cultural materials were observed during the visual inspection of the project area. Drayton Archaeology Report 0 824J 15 Photo 1. Northwestern overview of the project area with utility locate lines painted. Photo 2. Test Pit 3 located adjacent to existing utilities, north facing. Drayton Archaeology Report 0 824J 16 Photo 3. Utility locates painted in the project area, southeast facing. Matson monitored and screened s ix (6) small test pits excavated in 20-meter (m) spacings (Figure 3). These test pits measur e approximately 1.5 m (5 feet [ft]) by 0.6 m (2 ft). No predetermined target depth is set for excavating, as depths are based upon geologic conditions, water table, degree of disturbance, and professional judgment. Ideally, excavating is considered complete when at least 20 cm (approx. 8 in) of sterile soils are observed or an intact stratum of glacial deposits is encountered. Soils excavated from probes were screened through a shaker screen with quarter-inch hardware cloth. Digging was completely backfilled, and the locations marked with a GPS to compose a site sketch map. Soil profiles were not consistent with the previously described Spanaway soils mapped for the area as they were highly disturbed due to a high quantity of existing utilities and buildings. Soils varied from gray-brown sandy gravel to yellowish-brown gravelly sand, to dark brown gravelly loam, to light gray sand fill (Photos 4 6). Modern trash includ ing a glue tube, a few glass fragments, plastic, metal scraps, one brick, utility tape, asphalt, and a crushed toilet tank was observed before trenching was te rminated due to existing utilities (Photos 7 - 9). A description of the soil sequence and constituents is described fully in Appendix A. No intact or significant cultural material wa s encountered during field investigation. Drayton Archaeology Report 0 824J 17 Figure 3. An aerial image illustrating shovel probe locations. Drayton Archaeology Report 0 824J 18 Photo 4. Test Pit 1 consist s entirely of fill. Photo 5. Test Pit 2, terminated at utility line. Drayton Archaeology Report 0 824J 19 Photo 6. Test Pit 6, terminated at sewage line. Photo 7. Utility tape in Test Pit 2. Drayton Archaeology Report 0 824J 20 Photo 8. Glue Tube observed in Test Pit 3. Photo 9. Modern trash from Test Pit 5. Drayton Archaeology Report 0 824J 21 CONCLUSIONS AND RECOMMENDATIONS investigation, and production of this report. A professional archaeologist who meets or exceeds the criteria set forth in RCW: 27.53 conducted this review and concluded the project is in an area proximity to four (4) known archaeological sites, topography, and ecological context. No cultural materials were located d uring the field investigation. Based on the results of this review, Drayton recommends that the project proceed without further archaeological oversight. Washington State law provides for the protection of all archaeological resources under Washington State Revised Codes of Washington (RCW) Chapter 27.53, Archaeological Sites and Resources. Be advised that the unauthorized removal, theft, and/or destruction of archaeological resources and sites are strictly prohibited. Further, this statute provides for prosecution and financial penalties, including consultation and the recovery of archaeological resources, for those found in violation. Additional legal over sight is provided for Indian burials and grave offerings under RCW Chapter 27.44, Indian Graves and Records. RCW 27.44 states that the willful removal, mutilation, defacing, and/or destruction of Indian burials constitute a Class C felony. Washington legal code, RCW 68.50.645 - Duty to Notify, provides a strict protocol for the notification of law enforcement and other interested parties if any human remains, regardless of perceived patrimony, are encountered The following section, Inadvertent Discovery Protocols, outlines the recommended procedures that property owners, project managers, construction crews, and others responsible for work should follow if cultural materials are encountered during project activ ities. INADVERTENT DISCOVERY PROTOCOLS Archaeological Resources If archaeological resources (e.g., shell midden, faunal remains (bones), stone tools, historic glass, metal, or other materials) are observed during project activities, all work in the immediate vicinity must stop and the area secured. The project archaeol ogist must be contacted immediately to inspect the materials and contact relevant parties. An assessment of the materials and consultation with government and tribal cultural resources staff is a requirement of Washington law. Once the situation has been a ssessed, steps to proceed can be determined. Human Burials, Remains, or Unidentified Bone(s) If human remains or indeterminate bones are encountered, work must stop immediately. The area surrounding the remains must be secured and of adequate size to protect them from further disturbance until the DAHP provides notice to proceed. The discovery of any human skeletal remains must be reported to law enforcement immediately. The county medical examiner/coroner Drayton Archaeology Report 0 824J 22 will assume jurisdiction over the human skeletal remains to determine whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non- forensic, the State Physical Anthropologist at the DAHP will assume jurisdiction over the remains. The DAHP will notify appropriate cemeteries and all affected tribes of the disturbed remains. The State Physical Anthropologist will determine whether the remains are Native or Non-Native origin and report that fi nding to appropriate cemeteries and affected tribes. The DAHP will handle all consultation with the affected parties as to the future preservation, excavation, and deposition of the remains and authorize a timeline for the continuation of work. Drayton Archaeology Report 0 824J 23 REFERENCES Ames, Kenneth M., and Herbert D. G. Maschner 1999 Peoples of the Northwest Coast, Their Archaeology and Prehistory. Thames and Hudson Ltd., London. Avery, Mary W. 1965 Washington: A History of the Evergreen State. University of Washington Press, Seattle. Baldwin, Garth L. 2008 Archaeological Testing of 45SN417 at the Woodhaven Residential Development, Granite Falls, Washington. Drayton Archaeology Letter Report 0907A. Report on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Baldwin, Garth L., and Marsha Hanson 2016 Archaeological Monitoring of the Billy Frank Wildlife Refuge Underground Electrical Cable Replacement Project, Nisqually, Washington. Drayton Archaeology Report prepared for the U.S. Fish and Wildlife Service. Report on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Bjarke, Nels 1949 The Indian Henry Trail. Fern Hill Historical Society, Fern Hill, Tacoma, Washington. Blake, Karry L., Adrienne Donovan-Boyd 2017a Cultural Resources Survey for Mosman Avenue Phase 2 Project, Thurston County, Washington. WHPacific, Inc prepared for the City of Yelm. Report on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. 2017b Cultural Resources Survey For City Of Yelm Splash Park, Thurston County, Washington. WHPacific, Inc prepared for the City of Yelm. Report on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Blee, Lisa 2014 Framing Chief Leschi: Narratives and the Politics of Historical Justice. University of North Carolina Press, Chapel Hill. Booth, D.B. and B. Goldstein 1994 Patterns and Processes of Landscape Development by the Puget Lobe Ice Sheet. Regional Geology of Washington State: Washington Division of Geology and Earth Resources, Bulletin 80:227. Borden, Charles 1950 Notes on the Prehistory of the Southern Northwest Coast. British Columbia Historical Quarterly 14: 241-246. Victoria. Drayton Archaeology Report 0 824J 24 1975 Origins and Development of Early Northwest Coast Culture to About 3000 B.C. Archaeological Survey of Canada, Paper No. 45. Published by the National Museum of Man Mercury Series, National Museums of Canada, Ottawa. Costa, Kaia, Carson Golden, Colin Higashi, Jennifer Chambers, Sarah Amell 2024 Cultural Resource Assessment for the Crystal Springs Road Short Plat Project. Aqua Terra Cultural Resource Consultants prepared for SCJ Alliance Andrew Metternich-Fields; and, Bill Dunning. Report on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Craig, Steve 2017 Washington Heritage List for 45TN487. Form on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Crooks, Drew W. 1993 Washington Heritage List for 45TN260. Form on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Carlson, Roy L. (editor) 1983 Indian Art Traditions of the Northwest Coast. Archeology Press, Simon Fraser University, Burnaby. Carlson, Roy L., and Luke Dalla Bona (editors) 1996 Early Human Occupation in British Columbia. UBC Press, Vancouver, BC. Clague, John J., and Thomas S. James 2002 History and Isostatic Effects of the Last Ice Sheet in Southern British Columbia. Quaternary Science Reviews 21:71 87. Curtis, Edward S. 1913 Salishan Tribes of the Coast. The Chimakum and the Quileute. The Willapa. The North American Indian: A Series of Volumes Picturing and Describing the Indians of the United States, and Alaska, Vol. 9. The Plimpton Press, Norwood, Massachusetts. Dugas, Amy E; Leonard A. Forsman. and Lynn L. Larson 1999 Yelm Y2/Y3 Corridor Analysis. Pierce County. Archaeological Assessment. Larson Anthropological Archaeological Services Limited LAAS Technical Report #99-05 prepared for the City of Yelm. Report on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Emerson, Stephen 2014 Cultural Resources Survey for the City of Yelm Community Center Project. Eastern Washington University Archaeological and Historical Services Short Report 1190 prepared for the City of Yelm Project No.: S1445. Report on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Drayton Archaeology Report 0 824J 25 Easterbrook, D.J. 2003 Cordilleran Ice Sheet Glaciation of the Puget Lowland and Columbia Plateau and Alpine Glaciation of the North Cascade Range, Washington. In Western Cordillera and Adjacent Areas, edited by. T.W. Swanson, pp. 137-157. Geological Society of America, Boulder, Colorado. Fladmark, K. R. 1982 An Introduction to the Prehistory of British Columbia. Canadian Journal of Archaeology 6:95-256. Franklin, Jerry F., and C.T. Dyrness 1973 Natural Vegetation of Oregon and Washington. USDA Forest Service, Pacific Northwest Forest and Range Experiment Station, General Technical Report PNW-8. Greengo, Robert E. and Robert Houston 1970 Excavations at the Marymoor Site. Magic Machine, Seattle, Washington. Haeberlin, Hermann and Erna Gunther 1930 The Indians of Puget Sound. University of Washington Publications in Anthropology 4(1) 1-83. Hillstrom, Jeffrey 2024 Washington Heritage List for 45TN569. Form on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. HistoryLink 2011 Nisqually Chief Leschi is hanged on February 19, 1858. Electronic document, http://www.historylink.org/File/5145, accessed November 3, 2022. Kidd, Robert S. 1964 State of Washington Archaeological Site Inventory Form for 45SN30. Form on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Kirk, Ruth and Carmela Alexander 1990 Kopperl, R.E., A.K. Taylor, C.J. Miss, K.M. Ames, and C.M. Hodges 2015 The Bear Creek Site (45KI839), a Late Pleistocene-Holocene Transition Occupation in the Puget Sound Lowland, King County, Washington. PaleoAmerica 1(1):116-120. Kovanen, D.J., and D.J. Easterbrook 2002 Timing and Extent of the Younger Dryas Age (ca.12,500-10,000 14 C yr b.p.): Oscillations of the Cordilleran Ice Sheet in the Fraser Lowland, Western North America. Quaternary Research 57:208 224. Drayton Archaeology Report 0 824J 26 Lapen, T.J. 2000 Geologic Map of the Bellingham 1:100,000 Quadrangle, Washington. Washington Division of Geology and Earth Resources, Open File Report 2000-5. Larson, Lynn 1977 Original Site Form for 45TN57 from the Nisqually National Wildlife Refuge Reconnaissance Survey. CH2M Hill site form prepared for the Office of Public Archaeology. Form on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Larson, L.L., and D. Lewarch (editors) 1995 The Archaeology of West Point, Seattle, Washington: 4,000 years of Hunter- Fisher-Gatherer Land Use in Southern Puget Sound, Vol. 1. Larson Anthropological/Archaeological Services, Seattle, Washington. Larson, L. and J. Jermann 1978 A Cultural Resource Assessment of the Nisqually National Wildlife Refuge. Office of Public Archaeology, Institute for Environmental Studies, University of Washington, Reconnaissance Report No. 21. Lasmanis, Raymond 1991 The Geology of Washington. Rocks and Minerals 66(4): 262 277. Lutrell, Charles 2006 Cultural Resources Assessment of TPN 252232007000 Bayshore Road, Lopez Island. Eastern Washington University Archaeological and Historical Services Short Report 908 prepared for the City of Yelm. Report on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Mathews, Bethany 2018 Cultural Resource Assessment for the Yelm High School Bypass Road Project. Pacific Northwest Archaeological Services prepared for Morrissette & Associates. Report on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. 2018 Washington Heritage List for 45TN492. 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Report on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. 2022 Washington Heritage List for 45TN551. Form on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Smith, Marian W. 1940 The Puyallup-Nisqually. Columbia University Press, New York. Speulda, Lou Ann 1997 Nisqually NWR Headquarter New Facilities Project. US Fish and Wildlife Service. Report on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Speulda-Drews, Lou Ann 2006 Estuarine Restoration at the Nisqually National Wildlife Refuge. US Fish and Wildlife Service. August 2006 Report. Report on file at the Department of Archaeology and Historic Preservation, Olympia, Washington. Spier, Leslie 1936 Tribal Distribution in Washington. General Series in Anthropology, Number 3. George Banta Publishing Company, Menasha, Wisconsin. Suttles, Wayne P. 1974 The Economic Life of the Coast Salish of Haro and Rosario Straits. Coast Salish and Western Washington Indians, Vol. 1. Garland Publishing Inc., New York. Suttles, Wayne and Barbara Lane 1990 Southern Coast Salish. In: Northwest Coast, edited by Wayne P. Suttles, pp. 485- 502. Handbook of North American Indians, Vol. 7, William C. Sturtevant, general editor. Smithsonian Institution, Washington, DC. Drayton Archaeology Report 0 824J 29 Tenlen, Jenny 2006 A Brief History of Lewis County Washington. Electronic document, https://jtenlen.drizzlehosting.com/walewis/history.html, accessed April 12, 2022. Thompson, Gail 1978 Prehistoric Settlement Changes in the Southern Northwest Coast: A Functional Approach. Reports in Archaeology #5, Department of Anthropology, University of Washington, Seattle. University of California, Davis SoilWeb Map (UC Davis SoilWeb) n.d. Natural Resource Conservation Service (NRCS) soils data, available at: http://casoilresource.lawr.ucdavis.edu/gmap/. Accessed October 202 4. Waitt, Richard B. Jr., and Robert M. Thorson 1983 The Cordilleran Ice Sheet in Washington, Idaho, and Montana. In The Late Pleistocene, edited by Stephen Porter, pp. 53-70. Late-Quaternary Environments of the United States, Vol. 1, H.E. Wright, Jr., general editor, University of Minnesota Press, Minneapolis. Wessen, Gary 1990 Prehistory of the Ocean Coast of Washington. In Northwest Coast, edited by Wayne P. Suttles, pp. 412-421. Handbook of North American Indians, Vol. 7, William C. Sturtevant, general editor. Smithsonian Institution, Washington, DC. Wonacott, Abbi 2008 Where the Mashel Meets the Nisqually: The Mashel Massacre of 1856. Bellus Uccello Publishing, Spanaway, Washington. Yellout, Allen 1941 Testimony concerning Nisqually Fishing Sites. Nisqually Indian Reservation, 3 December, Swindell Files. Bureau of Indian Affairs, Portland, Oregon. In Anthropological Report on the Identity, Treaty Status, and Fisheries of the Nisqually Tribe of Indians by Barbara Lane, 1973 Drayton Archaeology Report 0 824J 30 APPENDIX A: SHOVEL PROBE INDEX DEPTH BELOW SURFACE SOIL DESCRIPTION RESULTS (CM) TP-1 0 56 Gray-brown sandy gravel fill mixed with gray sandy gravel, large cobbles Negative 56 94 Yellow-brown gravelly sand fill, large subrounded and subangular cobbles/boulders Negative TP-2 0 35 Gray-brown sandy gravel Negative 35 60 Dark brown to brown loamy gravel Negative 60 97 Gray-brown sandy gravel Concrete 97 - 103 Light gray sand Utility tape at 103 cm Note: Trench terminated due to utility tape indicative of water line TP-3 0 25 Gray-brown sandy gravel G lue tube, plastic 25 - 90 Very dark brown gravelly loam, large subrounded cobbles Negative TP-4 0 23 Gray-brown sandy gravel Negative Very dark brown gravelly loam G lass fragment 23 72 asphalt 72 76 Light gray sand from the waterline fill Negative 76 95 Very dark brown gravelly loam Negative TP-5 0 26 Gray-brown sandy gravel R usty nail T oilet tank fragments at 50 26 100 Dark brown gravel loam cm, a wire cable, glass fragments TP-6 T wo brick fragments, 0 20 Gray-brown sandy gravel plastic, wire, asphalt 20 28 Light gray sand from the waterline fill Negative 28 100 Yellowish brown sandy gravel Negative Note: Trench terminated due to sewage line Drayton Archaeology Report 0 824J 31 PART 8. APPENDICES (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 8. APPENDICES A PPENDIX E LIGHTCURVE AND COMCAST UNDERGROUNDING PLANS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 8. APPENDICES (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions ÝÑÓÝßÍÌ ËÒÜÛÎÙÎÑËÒÜ×ÒÙ ÐÔßÒ ÝÑÓÝßÍÌ ÍÌÎËÝÌËÎÛÍ ÌÛÝØÒ×ÝßÔ ÍÐÛÝ×Ú×ÝßÌ×ÑÒÍ ÚÛßÌËÎÛÍ ‹ Ë°¹®¿¼»¿¾´» ‹ Ô·¹¸¬©»·¹¸¬ñͬ®±²¹ øÌ×ÛÎ îî÷ Ù®¿¼» Ô»ª»´ Þ±¨ ÞËÔÕ Í»®·»­‹ כּ²¬»¼ ß²¬·óÍ´·° Ì»½¸²±´±¹§ ‹ ß²¬·óÍ»·¦» Þ±´¬ Ì»½¸²±´±¹§ ‹ ײ¼«­¬®§ Ô»¿¼»® ·² ß²¬·óÌ®·° Ø¿¦¿®¼ Ю»ª»²¬·±² ‹ Í«°»®·±® Ú¿¬·¹«» λ­·­¬¿²½» øÛÍÌ÷‡ ‹ Ê»®¬·½¿´ ¿²¼ ر®·¦±²¬¿´ η¾ Ü»­·¹² ‹ Û³¾»¼¼»¼ Ê»®¬·½¿´ ο½µ·²¹ ‹ λ¼«½»¼ ײ­¬¿´´¿¬·±² ݱ­¬ ‹ Ø·¹¸»­¬ Ô±¿¼ ο¬·²¹ ¬± É»·¹¸¬ íêŒñçïì ³³ ¼»°¬¸ ο¬·± ·² ¬¸» ײ¼«­¬®§ ÌÛÍÌ×ÒÙ ÝÎ×ÌÛÎ×ß Ý±ª»®­ ³»»¬ ±® »¨½»»¼æ ‹ ÛÍ̇ í Ó·´´·±² ݧ½´»­ ‹ Ì»´½±®¼·¿ ÙÎóçðîóÝÑÎÛ ‹ É»­¬»®² ˲¼»®¹®±«²¼ ݱ³³·¬¬»» Ù«·¼» íòê ‹ ßÒÍ×ñÍÝÌÛ éé îðïíóÌ×ÛÎ îî ‹ ÛÒïîì Ý´¿­­ ßïëñÞïîë Þ±¼·»­ ³»»¬ ±® »¨½»»¼æ îìŒñêïð ³³ ¼»°¬¸‹ Ì»´½±®¼·¿ ÙÎóçðîóÝÑÎÛ ‹ É»­¬»®² ˲¼»®¹®±«²¼ ݱ³³·¬¬»» Ù«·¼» íòê ‹ ßÒÍ×ñÍÝÌÛ éé îðïíóÌ×ÛÎ îî ‹ ÛÒïîì Ý´¿­­ ßïëñÞïîëñÝîëð Ò±© ©·¬¸ ‡ ݱª»®­‹ ßÍÌÓóìëé ‹ ßßÍØÌÑ Óóíðê øØóîðñîë÷ ‹ ßÍíççêóÝ´¿­­ ÞñÝ ½¸¿²²»´´ò½±³ ÝÑÓÝßÍÌ ÍÌÎËÝÌËÎÛÍ ÞËÔÕ ì Í»®·»­ ÐÎÑÜËÝÌ ÍËÓÓßÎÇ É·¬¸ ±ª»® ç𠧻¿®­ »¨°»®·»²½» ·² ¹´±¾¿´ øÑÍÐ÷ ·²º®¿­¬®«½¬«®»ô ݸ¿²²»´´ ¸¿­ ¼»ª»´±°»¼ ¬¸» °¿¬»²¬»¼ ¿²¬·ó­´·° ¼»­·¹² ¿²¼ ¿²¬·ó¬®·° º»¿¬«®»­ò ³±­¬ ¿¼ª¿²½»¼ °·¬ ¿²¼ ½¸¿³¾»® ¬»½¸²±´±¹§ ÍØ×ÛÔÜŽ­ ½±ª»® ¬®»¿¼ ¼»­·¹² ®¿·­»­ ¹´±¾¿´ ·² ¬¸» ©±®´¼ÿ ݸ¿²²»´´Ž­ ÞËÔÕ ¿²¼ ÍØ×ÛÔÜ °¿¬»²¬»¼ ¼»­·¹²­ ©·¬¸ ¬¸» ½±³°´»³»²¬ ±º ­´·° ®»­·­¬¿²½» ©¸»² ½±³°¿®»¼ ¬± ½±²½®»¬»ô °±´§³»® ½±²½®»¬»ô ­¬»»´ ±® ½¿­¬ ·®±² ½±ª»®­ò ¹´±¾¿´ «­»®­ô ½±²­«³»®ô ¿²¼ ½®¿º¬ ·²­¬¿´´»®­ ÍØ×ÛÔÜ ³»»¬­ ¿²¼ »¨½»»¼­ ß«­¬®¿´·¿ ßÍìëèê ½®·¬·½¿´ ©¸»² ½±²­·¼»®·²¹ ²»© ¹´±¾¿´ ¸»¿´¬¸ ¿²¼ ¬¸» ©±®´¼ÿ ­¿º»¬§ ­¬¿²¼¿®¼­ò Ѫ»®¿´´ô ÞËÔÕŽ­ ­¬®»²¹¬¸ ·² ½±³¾·²¿¬·±² ©·¬¸ ÞËÔÕŽ­ ´·¹¸¬©»·¹¸¬ ¼»­·¹² ·²½®»¿­»­ ·²­¬¿´´¿¬·±² ­±´«¬·±² ¬± ³»»¬ ¿²¼ »¨½»»¼ »ª»®§ ½±³°¿²§Ž­ ½¿®®§·²¹ ´±¿¼ ½¿°¿½·¬·»­ ª»®­«­ ½±²½®»¬»ô °±´§³»® ½±²½®»¬»ô ¿²¼ ³¿²§ ±¬¸»® ¾±¼§ ÞËÔÕ ¿²¼ ÍØ×ÛÔÜ ¿®» ¬»­¬»¼ ¬± ¬¸» ¸·¹¸»­¬ ³¿¬»®·¿´­ò λ¼«½¬·±² ±º ÞËÔÕŽ­ ¾±¼§ ©»·¹¸¬ ­¬¿²¼¿®¼­ ¿ª¿·´¿¾´» ·² ¬¸» ¹´±¾¿´ ³¿®µ»¬ ¿²¼ °®±¬»½¬­ ¬¸» ­¿º»¬§ ±º ·²­¬¿´´»®­ ©¸·´» ­¸±®¬»²·²¹ ݸ¿²²»´´ ·­ °®±«¼ ¬± ¸¿ª» °·±²»»®»¼ Û²¼«®¿²½» ·²­¬¿´´¿¬·±² ¬·³»­ò ß¼¼·¬·±²¿´´§ô ©·¬¸ ÞËÔÕ Í¬®»­­ Ì»­¬·²¹ øÛÍ̇÷ ©¸·½¸ ¿²¿´§¦»­ ½±ª»® ¸¿®³º«´ ¼«­¬ ½±²¬¿³·²¿²¬­ ©¸·½¸ ½±«´¼ ´»¿¼ ¬± ±² ¬¸» ´·º» »¨°»½¬¿²½§ ±º ¿ ÍØ×ÛÔÜ ´·¼ ·² ¬¸» ·²­¬¿´´»® ®»­°·®¿¬±®§ ·­­«»­ò Ю±¼«½¬ ¼»­·¹²ô °®±¼«½¬ ·²²±ª¿¬·±²ô ­¿º»¬§ ß´´ ÍØ×ÛÔÜ ½±ª»®­ ³»»¬ ±® »¨½»»¼ ííôéë𠿬¬®·¾«¬»­ô ¿²¼ ²»© ³¿²«º¿½¬«®·²¹ ¬»½¸²±´±¹§ ·­ °±«²¼óº±®½» ±® ïëð µ·´±²»©¬±²­ ·² ­¬®»²¹¬¸ò ©¸§ ¹´±¾¿´ ½«­¬±³»®­ ¿®» ­°»½·º§·²¹ ݸ¿²²»´´Ž­ ÞËÔÕ ¿²¼ ÍØ×ÛÔÜ °®±¼«½¬­ º±® ¬¸»·® ²»© ÑÍÐ ®»¼«½¬·±² ±ª»® ½±²½®»¬» ¿²¼ °±´§³»® ½±²½®»¬» ·²º®¿­¬®«½¬«®» ®»¯«·®»³»²¬­ò ±º ëðûô ¿²¼ ±ª»® éðû ©¸»² ½±³°¿®»¼ ¬± ½¿­¬ ·®±²ò ÍØ×ÛÔÜŽ­ ´·¹¸¬»® ©»·¹¸¬ ¼»­·¹² ½±ª»® ®»¼«½»­ ½®¿º¬ ·²¶«®·»­ ©¸·´» ·³°®±ª·²¹ ¸»¿´¬¸ ÝÑÓÝßÍÌ ÍÌÎËÝÌËÎÛÍ ÌÛÝØÒ×ÝßÔ ÍÐÛÝ×Ú×ÝßÌ×ÑÒÍ ÍÌßÒÜßÎÜ ÚÛßÌËÎÛÍ ß²¬·óÍ´·° Ì®»¿¼ Ü»­·¹²ß²¬·óÌ®·° ݱª»®Î»½»­­»¼ Ô·º¬·²¹ з² Ò±²óÍ»·¦·²¹ Þ±´¬ ͧ­¬»³ Ú´«­¸ Ó±«²¬»¼ Í·¼»©¿´´ ο½µ­ ©·¬¸ ݱª»®ß´´±©­ Ú·»´¼ λ°´¿½»³»²¬×²½®»¿­» Ë­¿¾´» Í°¿½» Ó±«²¬·²¹ ͬ«¼­Ô±¹± Ы½µ É·²¬»®·¦»¼ Ý¿¾´» øÝ«­¬±³ Ñ°¬·±²­ ߪ¿·´¿¾´»÷Ü®±° Í´·¼» ÑÐÌ×ÑÒßÔ ÚÛßÌËÎÛÍ ÔóÞ±´¬ Í»½«®·¬§ ͧ­¬»³ Ó¿®µ»® Ô±½¿¬±® Ü»ª·½»Ý¿¾´» ر±µ ͬ»° Þ®¿½µ»¬ øÍØ×ÛÔÜ Ý±ª»® ͸±©²÷Ó±«²¬·²¹ д¿¬»Þ®¿½µ»¬©·¬¸ É»¼¹» ½¸¿²²»´´ò½±³ ÝÑÓÝßÍÌ ÍÌÎËÝÌËÎÛÍ ÞËÔÕ ì Í»®·»­ÌÛÝØÒ×ÝßÔ ÍÐÛÝ×Ú×ÝßÌ×ÑÒÍ ÌØÛ ÒÛÉ ÍÑÔËÌ×ÑÒ ØÜÐÛ Ð´¿­¬·½ ݱª»® Ô·¹¸¬ Ü«¬§ íôððð ´¾º øïíòë µÒ÷ í ½±ª»®­ ݱ³°±­·¬» η²¹ Ñ°¬·±²¿´Ý±³°±­·¬» ݱª»® ííôéëð ´¾º øïëðµÒ÷ ÍËÐÛÎ Ü«½¬·´» ×®±² ݱª»® ¿²¼ η²¹ ëêôîðð ´¾º øîëð µÒ÷ r ï ¾±¼§ÞËÔÕ Ê¿«´¬ Þ±¼§ êðôððð ´¾º øîêé µÒ÷ ÍÐÛÝ×Ú×ÝßÌ×ÑÒ ÐÎÑÑÚ ÔÑßÜ ÐÎÑÜËÝÌÍ ßÓÛÎ×ÝßÍ ÍÌßÒÜßÎÜÍ Ð»¼»­¬®·¿²ñÔ·¹¸¬ Ü«¬§íôððð ´¾º øïíòë µÒ÷ ßÒÍ×ñÍÝÌÛ éé Ì×ÛÎ îî ííôéëð ´¾º øïëð µÒ÷ ÍËÐÛÎ ßßÍØÌÑ Óóíðêóïð Ø îð ìðôððð ´¾º øïéè µÒ÷ ÍËÐÛÎ ßßÍØÌÑ Óóíðêóïð Ø îë ëðôððð ´¾º øîîîòì µÒ÷ ÍËÐÛÎ ßÍÌÓóìëé ìêôððð ´¾º øîðë µÒ÷ ÛÓÛß ÍÌßÒÜßÎÜÍ Ð»¼»­¬®·¿²ñÔ·¹¸¬ Ü«¬§îôîëð ´¾º øïð µÒ÷ ÛÒ ïîì Ý´¿­­ Þïîë îèôïðð ´¾º øïîë µÒ÷ ÍËÐÛÎ ÛÒ ïîë Ý´¿­­ Ýïîë ëêôîðð ´¾º øîëð µÒ÷ ßÐßÝ ÍÌßÒÜßÎÜÍ Ð»¼»­¬®·¿²ñÔ·¹¸¬ Ü«¬§íôíéð ´¾º øïë µÒ÷ ßÍíççêóÝ´¿­­ Þ ïèôððð ´¾º øèð µÒ÷ ßÍíççêóÝ´¿­­ Ý ííôéëð ´¾º øïëð µÒ÷ö ÝÑÓÝßÍÌ ÍÌÎËÝÌËÎÛÍ ÞËÔÕ ì Í»®·»­ÌÛÝØÒ×ÝßÔ ÍÐÛÝ×Ú×ÝßÌ×ÑÒÍ ÞÑÜÇ ÜÛÍ×ÙÒ Í¬®¿·¹¸¬ ©¿´´ ¼»­·¹² ·³°®±ª»­ ´·¼ ´±¿¼ ­¬®»²¹¬¸ò Ú´«­¸ ³±«²¬»¼ ®¿½µ­ »²¸¿²½» ­·¼»©¿´´ ¿²¼ ª»®¬·½¿´ ­¬®»²¹¬¸ ±º °·¬ ©¸·´» ·²½®»¿­·²¹ «­¿¾´» ­°¿½»ò η¾¾»¼ ­·¼»©¿´´ ¼»­·¹² ­»½«®»­ ¿´¬»®¿¬·±² ©¸·´» »´·³·²¿¬·²¹ ©¿¬»® ¿¾­±®°¬·±² ¿²¼ ³¿¬»®·¿´ ¼»¹®¿¼¿¬·±² ©¸·´» ³¿·²¬¿·²·²¹ ­¬®«½¬«®¿´ ·²¬»¹®·¬§ô ½¸¿²²»´´ò½±³ ÞËÔÕ ì Í»®·»­ÌÛÝØÒ×ÝßÔ ÍÐÛÝ×Ú×ÝßÌ×ÑÒÍ ÞÑÜÇ ÍÐÛÝ×Ú×ÝßÌ×ÑÒÍ îìþ Åêïðà íë ïñîþ ݱª»® É»·¹¸¬ ëð ´¾­ Åîí µ¹Ã Åçðíà з¬ É»·¹¸¬ èî ´¾­ Åíé µ¹Ã ß­­»³¾´»¼ É»·¹¸¬ ïíî ´¾­ Åê𠵹à íþ Ü®¿©·²¹ ­¸±©² ©·¬¸Åéëà íêþ ݱ³°±­·¬» ݱª»®Åçïìà r ÞËÔÕ ì Ê¿«´¬ Þ±¼§ íêŒ Åçïì ³³Ã Ü»°¬¸ ͸±©² ìð íñèþ Åïðîêà îè íñìþ Åéíïà ßÜÜ×Ì×ÑÒßÔ ÞÑÜÇ ÜÛÐÌØÍ íî ´¾­ Åïì µ¹Ã ìð ´¾­ Åïè µ¹Ã ëë ´¾­ Åîë µ¹Ã éï ´¾­ Åíî µ¹Ã ÓßÜÛ ×Ò ËÍß ËÒ×ÌÛÜ ÍÌßÌÛÍ ÝßÒßÜß ÛËÎÑÐÛô Ó×ÜÜÔÛ ÛßÍÌô ßÚÎ×Ýß ßËÍÌÎßÔ×ßô ßÍ×ßô ÐßÝ×Ú×Ý Î×Ó îïìòíðìòéèðð çðëòëêëòïéðð ììòïíîîòíïîëçð êïòîòèèèìòìïïï ©©©ò½¸¿²²»´´ò½±³ wîðîì ݸ¿²²»´´ ݱ³³»®½·¿´ ݱ®°±®¿¬·±²ò ß´´ ®·¹¸¬­ ®»­»®ª»¼ò ðêïîîì PART 8. APPENDICES APPENDIX F T E M P O R A R Y C O N S T R U C T I O N S I G N S T E M P L A T E City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 8. APPENDICES (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions R22 G37 B76 or Hex #16254C) Color Code: with White Rural Development Flag Super Graphic Dark Blue ( Temporary Construction Sign for Rural Development Projects Recommended Font: Arial Dark Blue (Color Code: R22 G37 B76 or Hex #16254C) with White Rural Development Flag Super Graphic White USDA Rural Together, America Prospers Lettering Development Regular Logo, White Text Project Title Project Title Sponsor/Developer Contractor Dark Blue Lettering, Dark Blue Bold Text Lettering, Color Code:Bold Text R22 G37 B76 Color Code: Hex #16254C R22 G37 B76 Hex #16254C ܱ²¿´¼ Ö Ì®«³°ô Ю»­·¼»²¬ ±º ¬¸» ˲·¬»¼ ͬ¿¬»­Black Lettering, Þ®±±µ» α´´·²­ô Í»½®»¬¿®§ ±º ß¹®·½«´¬«®»Bold Text Black Lettering, USDA is an Equal Opportunity Provider, Employer, and Lender Regular Text White Background 2400mm x 1200mm x 19mm (approx.8’x 4’ x 3/4”) PLYWOOD PANEL (APA RATED A+B GRADE-EXTERIOR) PART 8. APPENDICES A PPENDIX G RIGHT OF ENTRY AGREEMENTS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 8. APPENDICES (t his page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions (this page intentionally left blank) êóîíóîðîê (this page intentionally left blank) êóïêóîðîê (this page intentionally left blank) PART 8. APPENDICES APPEN DIX H - FHWA 1273 City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 8. APPENDICES (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions FHWA-1273 – Revised October 23, 2023 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS performed on the contract by the contractor's own organization I. General and with the assistance of workers under the contractor's II. Nondiscrimination immediate superintendence and to all work performed on the III. Non-segregated Facilities contract by piecework, station work, or by subcontract. 23 I V. Davis-Bacon and Related Act Provisions CFR 633.102(d). V. Contract Work Hours and Safety Standards Act Provisions 3. A breach of any of the stipulations contained in these VI. Subletting or Assigning the Contract Required Contract Provisions may be sufficient grounds for VII. Safety: Accident Prevention withholding of progress payments, withholding of final VI II. False Statements Concerning Highway Projects payment, termination of the contract, suspension / debarment I X. Implementation of Clean Air Act and Federal Water or any other action determined to be appropriate by the Pollution Control Act contracting agency and FHWA. X. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 4. Selection of Labor: During the performance of this contract, XI. Certification Regarding Use of Contract Funds for the contractor shall not use convict labor for any purpose Lobbying within the limits of a construction project on a Federal-aid XII. Use of United States-Flag Vessels: highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). ATTACHMENTS The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. A. Employment and Materials Preference for Appalachian 23 U.S.C. 101(a). Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part 230, Subpart A, Appendix A; EO 11246) I. GENERAL The provisions of this section related to 23 CFR Part 230, 1. Form FHWA-1273 must be physically incorporated in each Subpart A, Appendix A are applicable to all Federal-aid construction contract funded under title 23, United States construction contracts and to all related construction Code, as required in 23 CFR 633.102(b) (excluding subcontracts of $10,000 or more. The provisions of 23 CFR emergency contracts solely intended for debris removal). The Part 230 are not applicable to material supply, engineering, or contractor (or subcontractor) must insert this form in each architectural service contracts. subcontract and further require its inclusion in all lowe r tier subcontracts (excluding purchase orders, rental agreements In addition, the contractor and all subcontractors must comply and other agreements for supplies or s ervices). 23 CFR with the following policies: Executive Order 11246, 41 CFR 633.102(e). Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), The applicable requirements of F orm FHWA-1273 are Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. incorporated by reference for work done under any purchase 2000d et seq.), and related regulations including 49 CFR Parts order, rental agreement or agreement for other services. The 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 The contractor and all subcontractors must comply with: the CFR 633.102(e). requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, F orm FHWA-1273 must be included in all Federal-aid design-the Standard Federal Equal Employment Opportunity build contracts, in all subcontracts and in lower tier Construction Contract Specifications in 41 CFR 60-4.3. subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements fo r Note: The U.S. Department of Labor has exclusive authority to supplies or services) in accordance with 23 CFR 633.102. The determine compliance with Executive Order 11246 and the design-builder shall be responsible for compliance by any policies of the Secretary of Labor including 41 CFR Part 60, subcontractor, lower-tier subcontractor or service provider. and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure Contracting agencies may reference Form FHWA-1273 in compliance with 23 U.S.C. 140, Section 504 of the solicitation-for-bids or request-for-proposals documents, Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and however, the Form FHWA-1273 must be physically Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. incorporated (not referenced) in all contracts, subcontracts and 2000d et seq.), and related regulations including 49 CFR Parts lower-tier subcontracts (excluding purchase orders, rental 21, 26, and 27; and 23 CFR Parts 200, 230, and 633. agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). Th e following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform 2. Subject to the applicability criteria noted in the following to the U.S. Department of Labor (US DOL) and FHWA sections, these contract provisions shall apply to all work requirements. 1 1. Equal Employment Opportunity: Equal Employment d. Notices and posters setting forth the contractor's EEO Opportunity (EEO) requirements not to discriminate and to policy will be placed in areas readily accessible to employees, take affirmative action to assure equal opportunity as set forth applicants for employment and potential employees. under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR e. The contractor's EEO policy and the procedures to Part 60 and 49 CFR Part 27) and orders of the Secretary of implement such policy will be brought to the attention of Labor as modified by the provisions prescribed herein, and employees by means of meetings, employee handbooks, or imposed pursuant to 23 U.S.C. 140, shall constitute the EEO other appropriate means. and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the 4. Recruitment: When advertising for employees, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et contractor will include in all advertisements for employees the seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 notation: "An Equal Opportunity Employer." All such are incorporated by reference in this contract. In the execution advertisements will be placed in publications having a large of this contract, the contractor agrees to comply with the circul ation among minorities and women in the area from following minimum specific requirement activities of EEO: which the project work force would normally be derived. a. The contractor will work with the contracting agency and a. The contractor will, unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement, conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. 23 CFR 230.409 (g)(4) & (5). meet this requirement, the contractor will identify sources of potential minority group employees and establish with such b. The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed, and that employees are treated during b. In the event the contractor has a valid bargaining employment, without regard to their race, religion, sex, agreement providing for exclusive hiring hall referrals, the sexual orientation, gender identity, color, national origin, age contractor is expected to observe the provisions of that or disability. Such action shall include: employment, agreement to the extent that the system meets the contractor's upgrading, demotion, or transfer; recruitment or recruitment compliance with EEO contract provisions. Where advertising; layoff or termination; rates of pay or other forms implementation of such an agreement has the effect of of compensation; and selection for training, including discriminating against minorities or women, or obligates the apprenticeship, pre-apprenticeship, and/or on-the-job contractor to do the same, such implementation violates training." Federal nondiscrimination provisions. 2. EEO Officer: The contractor will designate and make c. The contractor will encourage its present employees to known to the contracting officers an EEO Officer who will have refer minorities and women as applicants for employment. the responsibility for and must be capable of effectively Information and procedures with regard to referring such administering and promoting an active EEO program and who applicants will be discussed with employees. must be assigned adequate authority and responsibility to do so. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and 3. Dissemination of Policy: All members of the contractor's personnel actions of every type, including hiring, upgrading, staff who are authorized to hire, supervise, promote, and promotion, transfer, demotion, layoff, and termination, shall be discharge employees, or who recommend such action or are taken without regard to race, color, religion, sex, sexual substantially involved in such action, will be made fully orientation, gender identity, national origin, age or disability. cognizant of and will implement the contractor's EEO policy The following procedures shall be followed: and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above a. The contractor will conduct periodic inspections of project agreement will be met, the following actions will be taken as a sites to ensure that working conditions and employee facilities minimum: do not indicate discriminatory treatment of project site personnel. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then b. The contractor will periodically evaluate the spread of not less often than once every six months, at which time the wages paid within each classification to determine any contractor's EEO policy and its implementation will be evidence of discriminatory wage practices. reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of b. All new supervisory or personnel office employees will be discrimination. Where evidence is found, the contractor will given a thorough indoctrination by the EEO Officer, covering promptly take corrective action. If the review indicates that the all major aspects of the contractor's EEO obligations within discrimination may extend beyond the actions reviewed, such thirty days following their reporting for duty with the contractor. corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for d. The contractor will promptly investigate all complaints of the project will be instructed by the EEO Officer in the alleged discrimination made to the contractor in connection contractor's procedures for locating and hiring minorities and with its obligations under this contract, will attempt to resolve women. such complaints, and will take appropriate corrective action 2 within a reasonable time. If the investigation indicates that the sufficient referrals (even though it is obligated to provide discrimination may affect persons other than the complainant, exclusive referrals under the terms of a collective bargaining such corrective action shall include such other persons. Upon agreement) does not relieve the contractor from the completion of each investigation, the contractor will inform requirements of this paragraph. In the event the union referral every complainant of all of their avenues of appeal. practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these 6. Training and Promotion: special provisions, such contractor shall immediately notify the contracting agency. a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 8. Reasonable Accommodation for Applicants / applicants for employment or current employees. Such efforts Employees with Disabilities: The contractor must be famil iar should be aimed at developing full journey level status with the requirements for and comply with the Americans with employees in the type of trade or job classification involved. Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable b. Consistent with the contractor's work force requirements accommodation in all employment activities unless to do so and as permissible under Federal and State regulations, the would cause an undue hardship. co ntractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the 9. Selection of Subcontractors, Procurement of Materials geographical area of contract performance). In the event a and Leasing of Equipment: The contractor shall not special provision for training is provided under this contract, discriminate on the grounds of race, color, religion, sex, sexual this subparagraph will be superseded as indicated in the orientation, gender identity, national origin, age, or disability in special provision. The contracting agency may reserve the selection and retention of subcontractors, including training positions for persons who receive welfare assistance procurement of materials and leases of equipment. The in accordance with 23 U.S.C. 140(a). contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. c. The contractor will advise employees and applicants for employment of available training programs and entrance a. The contractor shall notify all potential subcontractors, requirements for each. suppliers, and lessors of their EEO obligations under this contract. d. The contractor will periodically review the training and promotion potential of employees who are minorities and b. The contractor will use good faith efforts to ensure women and will encourage eligible employees to apply for subcontractor compliance with their EEO obligations. such training and promotion. 7. Unions: If the contractor relies in whole or in part upon 10. Assurances R equired: unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to a. The requirements of 49 CFR Part 26 and the State increase opportunities for minorities and women. 23 CFR DOT’s FHWA-approved Disadvantaged Business Enterprise 230.409. Actions by the contractor, either directly or through a (DBE) program are incorporated by reference. contractor's association acting as agent, will include the procedures set forth below: b.The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex a. The contractor will use good faith efforts to develop, in in the performance of this contract. The contractor shall carry cooperation with the unions, joint training programs aimed out applicable requirements of 49 CFR part 26 in the award toward qualifying more minorities and women for membership and administration of DOT-assisted contracts. Failure by the in the unions and increasing the skills of minorities and women contractor to carry out these requirements is a material breach so that they may qualify for higher paying employment. of this contract, which may result in the termination of this contract or such other remedy as the recipient deems b. The contractor will use good faith efforts to incorporate an appropriate, which may include, but is not limited to: EEO clause into each union agreement to the end that such (1) Withholding monthly progress payments; union will be contractually bound to refer applicants without (2) Assessing sanctions; regard to their race, color, religion, sex, sexual orientation, (3) Liquidated damages; and/or gender identity, national origin, age, or disability. (4) Disqualifying the contractor from future bidding as non- responsible. c. The contractor is to obtain information as to the referral c. The Title VI and nondiscrimination provisions of U.S. practices and policies of the labor union except that to the DOT Order 1050.2A at Appendixes A and E are incorporated extent such information is within the exclusive possession of by reference. 49 CFR Part 21. the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to 11. Records and Reports: The contractor shall keep such the contracting agency and shall set forth what efforts have records as necessary to document compliance with the EEO been made to obtain such information. requirements. Such records shall be retained for a period of three years following the date of the final payment to the d. In the event the union is unable to provide the contractor contractor for all contract work and shall be available at with a reasonable flow of referrals within the time limit set forth reasonable times and places for inspection by authorized in the collective bargaining agreement, the contractor will, representatives of the contracting agency and the FHWA. through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual a. The records kept by the contractor shall document the orientation, gender identity, national origin, age, or disability; following: making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide 3 (1) The number and work hours of minority and non-Projects funded under 23 U.S.C. 117, and National Highway minority group members and women employed in each work Freight Program projects funded under 23 U.S.C. 167. classification on the project; The following provisions are from the U.S. Department of (2) The progress and efforts being made in cooperation Labor regulations in 29 CFR 5.5 “Contract provisions and with unions, when applicable, to increase employment related matters” with minor revisions to conform to the FHWA- opportunities for minorities and women; and 1273 format and FHWA program requirements. (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. 1. Minimum wages (29 CFR 5.5) b. The contractors and subcontractors will submit an annual a. Wage rates and fringe benefits. All laborers and report to the contracting agency each July for the duration of mechanics employed or working upon the site of the work (or the project indicating the number of minority, women, and non- otherwise working in construction or development of the minority group employees currently engaged in each work project under a development statute), will be paid classification required by the contract work. This information is unconditionally and not less often than once a week, and to be reported on Form FHWA-1391. The staffing data should without subsequent deduction or rebate on any account represent the project work force on board in all or any part of (except such payroll deductions as are permitted by the last payroll period preceding the end of July. If on-the-job regulations issued by the Secretary of Labor under the training is being required by special provision, the contractor Copeland Act (29 CFR part 3)), the full amount of basic hourly will be required to collect and report training data. The wages and bona fide fringe benefits (or cash equivalents employment data should reflect the work force on board during thereof) due at time of payment computed at rates not less all or any part of the last payroll period preceding the end of than those contained in the wage determination of the July. Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers III. NONSEGREGATED FACILITIES and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by This provision is applicable to all Federal-aid construction operation of law even if they have not been attached to the contracts and to all related construction subcontracts of more contract. Contributions made or costs reasonably anticipated than $10,000. 41 CFR 60-1.5. for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are As prescribed by 41 CFR 60-1.8, the contractor must ensure considered wages paid to such laborers or mechanics, subject that facilities provided for employees are provided in such a to the provisions of paragraph 1.e. of this section; also, regular manner that segregation on the basis of race, color, religion, contributions made or costs incurred for more than a weekly sex, sexual orientation, gender identity, or national origin period (but not less often than quarterly) under plans, funds, or cannot result. The contractor may neither requ ire such programs which cover the particular weekly period, are segregated use by written or oral policies nor tolerate such use deemed to be constructively made or incurred during such by employee custom. The contractor's obligation extends weekly period. Such laborers and mechanics must be paid the further to ensure that its employees are not assigned to appropriate wage rate and fringe benefits on the wage perform their services at any location under the contractor's determination for the classification(s) of work actually control where the facilities are segregated. The term "facilities" performed, without regard to skill, except as provided in includes waiting rooms, work areas, restaurants and other paragraph 4. of this section. Laborers or mechanics performing eating areas, time clocks, restrooms, washrooms, locker work in more than one classification may be compensated at rooms and other storage or dressing areas, parking lots, the rate specified for each classification for the time actually drinking fountains, recreation or entertainment areas, worked therein: Provided, That the employer's payroll records transportation, and housing provided for employees. The accurately set forth the time spent in each classification in contractor shall provide separate or single-user restrooms and which work is performed. The wage determination (including necessary dressing or sleeping areas to assure privacy any additional classifications and wage rates conformed under between sexes. paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and IV. DAVIS-BACON AND RELATED ACT PROVISIONS accessible place where it can be easily seen by the workers. This section is applicable to all Federal-aid construction b. Frequently recurring classifications. (1) In addition to wage projects exceeding $2,000 and to all related subcontracts and and fringe benefit rates that have been determined to be lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all prevailing under the procedures set forth in 29 CFR part 1, a projects located within the right-of-way of a roadway that is and fringe benefit rates for classifications of laborers and functionally classified as Federal-aid highway. 23 U.S.C. 113. mechanics for which conformance requests are regularly This excludes roadways functionally classified as local roads submitted pursuant to paragraph 1.c. of this section, provided or rural minor collectors, which are exempt. 23 U.S.C. 101. Where applicable law requires that projects be treated as a that: project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples (i) The work performed by the classification is not include: Surface Transportation Block Grant Program projects performed by a classification in the wage determination for funded under 23 U.S.C. 133 [excluding recreational trails which a prevailing wage rate has been determined; projects], the Nationally Significant Freight and Highway 4 (ii) The classification is used in the area by the under paragraphs 1.c.(3) and (4) of this section. The contractor construction industry; and must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where (iii) The wage rate for the classification bears a reasonable appropriate) determined pursuant to paragraph 1.c.(3) or (4) of relationship to the prevailing wage rates contained in the this section must be paid to all workers performing work in the wage determination. classification under this contract from the first day on which work is performed in the classification. (2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this d. Fringe benefits not expressed as an hourly rate. section. Work performed in such a classification must be paid Whenever the minimum wage rate prescribed in the contract at no less than the wage and fringe benefit rate listed on the for a class of laborers or mechanics includes a fringe benefit wage determination for such classification. which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or c. Conformance. (1) The contracting officer must require that may pay another bona fide fringe benefit or an hourly cash any class of laborers or mechanics, including helpers, which is equivalent thereof. not listed in the wage determination and which is to be employed under the contract be classified in conformance with e. Unfunded plans. If the contractor does not make the wage determination. Conformance of an additional payments to a trustee or other third person, the contractor may classification and wage rate and fringe benefits is appropriate consider as part of the wages of any laborer or mechanic the only when the following criteria have been met: amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That (i) The work to be performed by the classification the Secretary of Labor has found, upon the written request of requested is not performed by a classification in the wage the contractor, in accordance with the criteria set forth in determination; and -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the (ii) The classification is used in the area by the construction industry; and meeting of obligations under the plan or program. f. Interest. In the event of a failure to pay all or part of the (iii) The proposed wage rate, including any bona fide fringe wages required by the contract, the contractor will be required benefits, bears a reasonable relationship to the wage rates contained in the wage determination. to pay interest on any underpayment of wages. (2) The conformance process may not be used to split, 2. Withholding (29 CFR 5.5) subdivide, or otherwise avoid application of classifications listed in the wage determination. a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold (3) If the contractor and the laborers and mechanics to be or cause to be withheld from the contractor so much of the employed in the classification (if known), or their accrued payments or advances as may be considered representatives, and the contracting officer agree on the necessary to satisfy the liabilities of the prime contractor or any classification and wage rate (including the amount designated subcontractor for the full amount of wages and monetary relief, for fringe benefits where appropriate), a report of the action including interest, required by the clauses set forth in this taken will be sent by the contracting officer by email to section for violations of this contract, or to satisfy any such DBAconformance@dol.gov. The Administrator, or an liabilities required by any other Federal contract, or federally authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt assisted contract subject to Davis-Bacon labor standards, that and so advise the contracting officer or will notify the necessary funds may be withheld from the contractor under contracting officer within the 30–day period that additional time this contract, any other Federal contract with the same prime is necessary. contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is (4) In the event the contractor, the laborers or mechanics to held by the same prime contractor, regardless of whether the be employed in the classification or their representatives, and other contract was awarded or assisted by the same agency, the contracting officer do not agree on the proposed and such funds may be used to satisfy the contractor liability classification and wage rate (including the amount designated for which the funds were withheld. In the event of a for fringe benefits, where appropriate), the contracting officer contractor's failure to pay any laborer or mechanic, including will, by email to DBAconformance@dol.gov, refer the any apprentice or helper working on the site of the work all or questions, including the views of all interested parties and the part of the wages required by the contract, or upon the recommendation of the contracting officer, to the Administrator contractor's failure to submit the required records as discussed for determination. The Administrator, or an authorized in paragraph 3.d. of this section, the contracting agency may representative, will issue a determination within 30 days of on its own initiative and after written notice to the contractor, receipt and so advise the contracting officer or will notify the take such action as may be necessary to cause the contracting officer within the 30–day period that additional time suspension of any further payment, advance, or guarantee of is necessary. funds until such violations have ceased. (5) The contracting officer must promptly notify the b. Priority to withheld funds. The Department has priority to contractor of the action taken by the Wage and Hour Division funds withheld or to be withheld in accordance with paragraph 5 2.a. of this section or Section V, paragraph 3.a., or both, over agency. The prime contractor is responsible for the submission claims to those funds by: of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as (1) A contractor's surety(ies), including without limitation long as the electronic system requires a legally valid electronic performance bond sureties and payment bond sureties; signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified (2) A contracting agency for its reprocurement costs; payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of (3) A trustee(s) (either a court-appointed trustee or a U.S. submission in situations where the contractor is unable or trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted (4) A contractor's assignee(s); must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this (5) A contractor's successor(s); or section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the (6) A claim asserted under the Prompt Payment Act, 31 certified payrolls need only include an individually identifying U.S.C. 3901–3907. number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly 3. Records and certified payrolls (29 CFR 5.5) certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour a. Basic record requirements (1) Length of record retention. Division website at https://www.dol.gov/sites/dolgov/files/WHD/ All regular payrolls and other basic records must be legacy/files/wh347/.pdf or its successor website. It is not a maintained by the contractor and any subcontractor during the violation of this section for a prime contractor to require a course of the work and preserved for all laborers and subcontractor to provide full Social Security numbers and last mechanics working at the site of the work (or otherwise known addresses, telephone numbers, and email addresses to working in construction or development of the project under a the prime contractor for its own records, without weekly development statute) for a period of at least 3 years after all the work on the prime contract is completed. submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll (2) Information required. Such records must contain the submitted must be accompanied by a “Statement of name; Social Security number; last known address, telephone Compliance,” signed by the contractor or subcontractor, or the number, and email address of each such worker; each contractor's or subcontractor's agent who pays or supervises worker's correct classification(s) of work actually performed; the payment of the persons working on the contract, and must hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash certify the following: equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number (i) That the certified payroll for the payroll period contains of hours actually worked in total and on each covered contract; the information required to be provided under paragraph 3.b. deductions made; and actual wages paid. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, (3) Additional records relating to fringe benefits. Whenever and such information and records are correct and complete; the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the (ii) That each laborer or mechanic (including each helper amount of any costs reasonably anticipated in providing and apprentice) working on the contract during the payroll benefits under a plan or program described in 40 U.S.C. period has been paid the full weekly wages earned, without 3141(2)(B) of the Davis-Bacon Act, the contractor must rebate, either directly or indirectly, and that no deductions maintain records which show that the commitment to provide have been made either directly or indirectly from the full such benefits is enforceable, that the plan or program is wages earned, other than permissible deductions as set financially responsible, and that the plan or program has been forth in 29 CFR part 3; and communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual (iii) That each laborer or mechanic has been paid not less cost incurred in providing such benefits. than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually (4) Additional records relating to apprenticeship. Contractors performed, as specified in the applicable wage determination with apprentices working under approved programs must incorporated into the contract. maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios (4) Use of Optional Form WH–347. The weekly submission and wage rates prescribed in the applicable programs. of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for b. Certified payroll requirements (1) Frequency and method submission of the “Statement of Compliance” required by of submission. The contractor or subcontractor must submit paragraph 3.b.(3) of this section. weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting 6 (5) Signature. Th e signature by the contractor, of each covered worker, and must provide them upon request subcontractor, or the contractor's or subcontractor's agent to the contracting agency, the State DOT, the FHWA, the must be an original handwritten signature or a legally valid contractor, or the Wage and Hour Division of the Department electronic signature. of Labor for purposes of an investigation or other compliance action. (6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to 4. Apprentices and equal employment opportunity (29 CFR civil or criminal prosecution under 18 U.S.C. 1001 and 31 5.5) U.S.C. 3729. a. Apprentices (1) Rate of pay. Apprentices will be permitted (7) Length of certified payroll retention. The contractor or to work at less than the predetermined rate for the work they subcontractor must preserve all certified payrolls during the perform when they are employed pursuant to and individually course of the work and for a period of 3 years after all the work registered in a bona fide apprenticeship program registered on the prime contract is completed. with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is c. Contracts, subcontracts, and related documents. The not individually registered in the program, but who has been contractor or subcontractor must maintain this contract or certified by the OA or a State Apprenticeship Agency (where subcontract and related documents including, without appropriate) to be eligible for probationary employment as an limitation, bids, proposals, amendments, modifications, and apprentice, will be permitted to work at less than the extensions. The contractor or subcontractor must preserve predetermined rate for the work they perform in the first 90 these contracts, subcontracts, and related documents during days of probationary employment as an apprentice in such a the course of the work and for a period of 3 years after all the program. In the event the OA or a State Apprenticeship work on the prime contract is completed. Agency recognized by the OA withdraws approval of an apprenticeship program, the contractor will no longer be d. Required disclosures and access (1) Required record permitted to use apprentices at less than the applicable disclosures and access to workers. Th e contractor or predetermined rate for the work performed until an acceptable subcontractor must make the records required under program is approved. paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the (2) Fringe benefits. Apprentices must be paid fringe benefits FHWA, or the Department of Labor deems necessary to in accordance with the provisions of the apprenticeship determine compliance with the labor standards provisions of program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe inspection, copying, or transcription by authorized benefits listed on the wage determination for the applicable representatives of the contracting agency, the State DOT, the classification. If the Administrator determines that a different FHWA, or the Department of Labor, and must permit such practice prevails for the applicable apprentice classification, representatives to interview workers during working hours on fringe benefits must be paid in accordance with that the job. determination. (2) Sanctions for non-compliance with records and worker (3) Apprenticeship ratio. The allowable ratio of apprentices to access requirements. If the contractor or subcontractor fails to journeyworkers on the job site in any craft classification must submit the required records or to make them available, or not be greater than the ratio permitted to the contractor as to refuses to permit worker interviews during working hours on the entire work force under the registered program or the ratio the job, the Federal agency may, after written notice to the applicable to the locality of the project pursuant to paragraph contractor, sponsor, applicant, owner, or other entity, as the 4.a.(4) of this section. Any worker listed on a payroll at an case may be, that maintains such records or that employs apprentice wage rate, who is not registered or otherwise such workers, take such action as may be necessary to cause employed as stated in paragraph 4.a.(1) of this section, must the suspension of any further payment, advance, or guarantee be paid not less than the applicable wage rate on the wage of funds. Furthermore, failure to submit the required records determination for the classification of work actually performed. upon request or to make such records available, or to permit In addition, any apprentice performing work on the job site in worker interviews during working hours on the job, may be excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage any contractor or other person that fails to submit the required records or make those records available to WHD within the determination for the work actually performed. time WHD requests that the records be produced will be precluded from introducing as evidence in an administrative (4) Reciprocity of ratios and wage rate s. Where a contractor proceeding under 29 CFR part 6 any of the required records is performing construction on a project in a locality other than that were not provided or made available to WHD. WHD will the locality in which its program is registered, the ratios and take into consideration a reasonable request from the wage rates (expressed in percentages of the journeyworker's contractor or person for an extension of the time for hourly rate) applicable within the locality in which the submission of records. WHD will determine the construction is being performed must be observed. If there is reasonableness of the request and may consider, among other no applicable ratio or wage rate for the locality of the project, things, the location of the records and the volume of the ratio and wage rate specified in the contractor's registered production. program must be observed. (3) Required information disclosures. Contractors and b. Equal employment opportunity. The use of apprentices subcontractors must maintain the full Social Security number and journeyworkers under this part must be in conformity with and last known address, telephone number, and email address 7 the equal employment opportunity requirements of Executive b. No part of this contract shall be subcontracted to any Order 11246, as amended, and 29 CFR part 30. person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) c. Apprentices and Trainees (programs of the U.S. DOT). c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18 Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the U.S.C. 1001. Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not 11. Anti-retaliation. It is unlawful for any person to discharge, subject to the requirements of paragraph 4 of this Section IV. demote, intimidate, threaten, restrain, coerce, blacklist, harass, 23 CFR 230.111(e)(2). The straight time hourly wage rates for or in any other manner discriminate against, or to cause any apprentices and trainees under such programs will be person to discharge, demote, intimidate, threaten, restrain, established by the particular programs. The ratio of coerce, blacklist, harass, or in any other manner discriminate apprentices and trainees to journeyworkers shall not be against, any worker or job applicant for: greater than permitted by the terms of the particular program. a. Notifying any contractor of any conduct which the worker 5. Compliance with Copeland Act requirements. The reasonably believes constitutes a violation of the DBA, Related contractor shall comply with the requirements of 29 CFR part Acts, this part, or 29 CFR part 1 or 3; 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5. b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on 6. Subcontracts. The contractor or subcontractor must insert behalf of themselves or others any right or protection under the FHWA-1273 in any subcontracts, along with the applicable DBA, Related Acts, this part, or 29 CFR part 1 or 3; wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate c. Cooperating in any investigation or other compliance instructions require, and a clause requiring the subcontractors action, or testifying in any proceeding under the DBA, Related to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for Acts, this part, or 29 CFR part 1 or 3; or the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this section. In d. Informing any other person about their rights under the the event of any violations of these clauses, the prime DBA, Related Acts, this part, or 29 CFR part 1 or 3. contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers V. CONTRACT WORK HOURS AND SAFETY STANDARDS of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5. ACT Pursuant to 29 CFR 5.5(b), the following clauses apply to any 7. Contract termination: debarment. A breach of the Federal-aid construction contract in an amount in excess of contract clauses in 29 CFR 5.5 may be grounds for termination $100,000 and subject to the overtime provisions of the of the contract, and for debarment as a contractor and a Contract Work Hours and Safety Standards Act. These subcontractor as provided in 29 CFR 5.12. clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the 8. Compliance with Davis-Bacon and Related Act terms laborers and mechanics include watchpersons and requirements. All rulings and interpretations of the Davis-guards. Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as 1. Overtime requirements. No contractor or subcontractor provided in 29 CFR 5.5. contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall 9. Disputes concerning labor standards. As provided in 29 require or permit any such laborer or mechanic in any CFR 5.5, disputes arising out of the labor standards provisions workweek in which he or she is employed on such work to of this contract shall not be subject to the general disputes work in excess of forty hours in such workweek unless such clause of this contract. Such disputes shall be resolved in laborer or mechanic receives compensation at a rate not less accordance with the procedures of the Department of Labor than one and one-half times the basic rate of pay for all hours set forth in 29 CFR parts 5, 6, and 7. Disputes within the worked in excess of forty hours in such workweek. 29 CFR meaning of this clause include disputes between the contractor 5.5. (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their 2. Violation; liability for unpaid wages; liquidated representatives. damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any 10. Certification of eligibility. a. By entering into this contract, subcontractor responsible therefor shall be liable for the the contractor certifies that neither it nor any person or firm unpaid wages and interest from the date of the underpayment. who has an interest in the contractor's firm is a person or firm In addition, such contractor and subcontractor shall be liable to ineligible to be awarded Government contracts by virtue of 40 the United States (in the case of work done under contract for U.S.C. 3144(b) the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or 8 mechanic, including watchpersons and guards, employed in event of any violations of these clauses, the prime contractor violation of the clause set forth in paragraph 1. of this section, and any subcontractor(s) responsible will be liable for any in the sum currently provided in 29 CFR 5.5(b)(2)* for each unpaid wages and monetary relief, including interest from the calendar day on which such individual was required or date of the underpayment or loss, due to any workers of lower- permitted to work in excess of the standard workweek of forty tier subcontractors, and associated liquidated damages and hours without payment of the overtime wages required by the may be subject to debarment, as appropriate. clause set forth in paragraph 1. of this section. 5. Anti-retaliation. It is unlawful for any person to discharge, * $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may demote, intimidate, threaten, restrain, coerce, blacklist, harass, be adjusted annually by the Department of Labor, pursuant to or in any other manner discriminate against, or to cause any the Federal Civil Penalties Inflation Adjustment Act of 1990. person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate 3. Withholding for unpaid wages and liquidated damages against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker a. Withholding process. The FHWA or the contracting reasonably believes constitutes a violation of the Contract agency may, upon its own action, or must, upon written Work Hours and Safety Standards Act (CWHSSA) or its request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so implementing regulations in this part; much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime b. Filing any complaint, initiating or causing to be initiated contractor or any subcontractor for any unpaid wages; any proceeding, or otherwise asserting or seeking to assert on monetary relief, including interest; and liquidated damages behalf of themselves or others any right or protection under required by the clauses set forth in this section on this CWHSSA or this part; contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to c. Cooperating in any investigation or other compliance the Contract Work Hours and Safety Standards Act that is held action, or testifying in any proceeding under CWHSSA or this by the same necessary funds may be withheld from the contractor under part; or this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is d. Informing any other person about their rights under subject to the Contract Work Hours and Safety Standards Act CWHSSA or this part. and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction b. Priority to withheld funds. The Department has priority to contracts on the National Highway System pursuant to 23 CFR funds withheld or to be withheld in accordance with Section IV 635.116. paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by: 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of (1) A contractor's surety(ies), including without limitation the total original contract price, excluding any specialty items performance bond sureties and payment bond sureties; designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such (2) A contracting agency for its reprocurement costs; specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's (23 CFR 635.116). bankruptcy estate; a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or (4) A contractor's assignee(s); leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a (5) A contractor's successor(s); or subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include (6) A claim asserted under the Prompt Payment Act, 31 payments for the costs of hiring leased employees from an U.S.C. 3901–3907. employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the 4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. following conditions: (based on longstanding interpretation) through 5. of this section and a clause requiring the (1) the prime contractor maintains control over the subcontractors to include these clauses in any lower tier supervision of the day-to-day activities of the leased subcontracts. The prime contractor is responsible for employees; compliance by any subcontractor or lower tier subcontractor (2) the prime contractor remains responsible for the quality with the clauses set forth in paragraphs 1. through 5. In the of the work of the leased employees; 9 (3) the prime contractor retains all power to accept or health standards (29 CFR Part 1926) promulgated by the exclude individual employees from work on the project; and Secretary of Labor, in accordance with Section 107 of the (4) the prime contractor remains ultimately responsible for Contract Work Hours and Safety Standards Act (40 U.S.C. the payment of predetermined minimum wages, the 3704). 29 CFR 1926.10. submission of payrolls, statements of compliance and all other Federal regulatory requirements. 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative b. "Specialty Items" shall be construed to be limited to work thereof, shall have right of entry to any site of contract that requires highly specialized knowledge, abilities, or performance to inspect or investigate the matter of compliance equipment not ordinarily available in the type of contracting with the construction safety and health standards and to carry organizations qualified and expected to bid or propose on the out the duties of the Secretary under Section 107 of the contract as a whole and in general are to be limited to minor Contract Work Hours and Safety Standards Act (40 U.S.C. components of the overall contract. 23 CFR 635.102. 3704). 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI VIII. FALSE STATEMENTS CONCERNING HIGHWAY is computed includes the cost of material and manufactured PROJECTS products which are to be purchased or produced by the contractor under the contract provisions. This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed In order to assure high quality and durable construction in by the firm, has full authority to direct performance of the work conformity with approved plans and specifications and a high in accordance with the contract requirements, and is in charge degree of reliability on statements and representations made of all construction operations (regardless of who performs the by engineers, contractors, suppliers, and workers on Federal- work) and (b) such other of its own organizational resources aid highway projects, it is essential that all persons concerned (supervision, management, and engineering services) as the with the project perform their functions as carefully, thoroughly, contracting officer determines is necessary to assure the and honestly as possible. Willful falsification, distortion, or performance of the contract. misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any 4. No portion of the contract shall be sublet, assigned or misunderstanding regarding the seriousness of these and otherwise disposed of except with the written consent of the similar acts, Form FHWA-1022 shall be posted on each contracting officer, or authorized representative, and such Federal-aid highway project (23 CFR Part 635) in one or more consent when given shall not be construed to relieve the places where it is readily available to all persons concerned contractor of any responsibility for the fulfillment of the with the project: contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions 18 U.S.C. 1020 reads as follows: and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116). "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a 5. The 30-percent self-performance requirement of paragraph person, association, firm, or corporation, knowingly makes any (1) is not applicable to design-build contracts; however, false statement, false representation, or false report as to the contracting agencies may establish their own self-performance character, quality, quantity, or cost of the material used or to requirements. 23 CFR 635.116(d). be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs VII. SAFETY: ACCIDENT PREVENTION of construction on any highway or related project submitted for approval to the Secretary of Transportation; or This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the 1. In the performance of this contract the contractor shall character, quality, quantity, or cost of any work performed or to comply with all applicable Federal, State, and local laws be performed, or materials furnished or to be furnished, in governing safety, health, and sanitation (23 CFR Part 635). connection with the construction of any highway or related The contractor shall provide all safeguards, safety devices and project approved by the Secretary of Transportation; or protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be Whoever knowingly makes any false statement or false reasonably necessary to protect the life and health of representation as to material fact in any statement, certificate, employees on the job and the safety of the public and to or report submitted pursuant to provisions of the Federal-aid protect property in connection with the performance of the Roads Act approved July 11, 1916, (39 Stat. 355), as work covered by the contract. 23 CFR 635.108. amended and supplemented; 2. It is a condition of this contract, and shall be made a Shall be fined under this title or imprisoned not more than 5 condition of each subcontract, which the contractor enters into years or both." pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and 10 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2 e. The terms "covered transaction," "debarred," CFR 200.88; EO 11738) "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined This provision is applicable to all Federal-aid construction in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. contracts in excess of $150,000 and to all related “First Tier Covered Transactions” refers to any covered subcontracts. 48 CFR 2.101; 2 CFR 200.327. transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). By submission of this bid/proposal or the execution of this “Lower Tier Covered Transactions” refers to any covered contract or subcontract, as appropriate, the bidder, proposer, transaction under a First Tier Covered Transaction (such as Federal-aid construction contractor, subcontractor, supplier, or subcontracts). “First Tier Participant” refers to the participant vendor agrees to comply with all applicable standards, orders who has entered into a covered transaction with a recipient or or regulations issued pursuant to the Clean Air Act (42 U.S.C. subrecipient of Federal funds (such as the prime or general 7401-7671q) and the Federal Water Pollution Control Act, as contractor). “Lower Tier Participant” refers any participant who amended (33 U.S.C. 1251-1387). Violations must be reported has entered into a covered transaction with a First Tier to the Federal Highway Administration and the Regional Office Participant or other Lower Tier Participants (such as of the Environmental Protection Agency. 2 CFR Part 200, subcontractors and suppliers). Appendix II. f. The prospective first ti er participant agrees by submitting The contractor agrees to include or cause to be included the this proposal that, should the proposed covered transaction be requirements of this Section in every subcontract, and further entered into, it shall not knowingly enter into any lower tier agrees to take such action as the contracting agency may covered transaction with a person who is debarred, direct as a means of enforcing such requirements. 2 CFR suspended, declared ineligible, or voluntarily excluded from 200.327. participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY g. The prospective first tier participant further agrees by EXCLUSION submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility This provision is applicable to all Federal-aid construction and Voluntary Exclusion-Lower Tier Covered Transactions," contracts, design-build contracts, subcontracts, lower-tier provided by the department or contracting agency, entering subcontracts, purchase orders, lease agreements, consultant into this covered transaction, without modification, in all lower contracts or any other covered transaction requiring FHWA tier covered transactions and in all solicitations for lower tier approval or that is estimated to cost $25,000 or more – as covered transactions exceeding the $25,000 threshold. 2 CFR defined in 2 CFR Part s 180 and 1200. 2 CFR 180.220 and 180.220 and 180.300. 1200.220. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered 1. Instructions for Certification – First Tier Participants: transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it a. By signing and submitting this proposal, the prospective knows that the certification is erroneous. 2 CFR 180.300; first tier participant is providing the certification set out below. 180.320, and 180.325. A participant is responsible for ensuring that its principals are not suspended, debarred, or b. The inability of a person to provide the certification set out otherwise ineligible to participate in covered transactions. 2 below will not necessarily result in denial of participation in this CFR 180.335. To verify the eligibility of its principals, as well covered transaction. The prospective first tier participant shall as the eligibility of any lower tier prospective participants, each submit an explanation of why it cannot provide the certification participant may, but is not required to, check the System for set out below. The certification or explanation will be Award Management website (https://www.sam.gov/). 2 CFR considered in connection with the department or agency's 180.300, 180.320, and 180.325. determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a i. Nothing contained in the foregoing shall be construed to certification or an explanation shall disqualify such a person require the establishment of a system of records in order to from participation in this transaction. 2 CFR 180.320. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c. The certification in this clause is a material representation is not required to exceed that which is normally possessed by of fact upon which reliance was placed when the contracting a prudent person in the ordinary course of business dealings. agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered j. Except for transactions authorized under paragraph (f) of an erroneous certification, in addition to other remedies these instructions, if a participant in a covered transaction available to the Federal Government, the contracting agency knowingly enters into a lower tier covered transaction with a may terminate this transaction for cause of default. 2 CFR person who is suspended, debarred, ineligible, or voluntarily 180.325. excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the d. The prospective first tier participant shall provide department or agency may terminate this transaction for cause immediate written notice to the contracting agency to whom or default. 2 CFR 180.325. this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when * * * * * submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. 11 2. Certification Regarding Debarment, Suspen sion, this transaction originated may pursue available remedies, Ineligibility and Voluntary Exclusion – First Tier including suspension and/or debarment. Participants: c. The prospective lower tier participant shall provide a. The prospective first tier participant certifies to the best of immediate written notice to the person to which this proposal is its knowledge and belief, that it and its principals: submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of (1) Are not presently debarred, suspended, proposed for changed circumstances. 2 CFR 180.365. debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal d. The terms "covered transaction," "debarred," department or agency, 2 CFR 180.335;. "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined (2) Have not within a three-year period preceding this in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. proposal been convicted of or had a civil judgment rendered You may contact the person to which this proposal is against them for commission of fraud or a criminal offense in submitted for assistance in obtaining a copy of those connection with obtaining, attempting to obtain, or performing regulations. “First Tier Covered Transactions” refers to any a public (Federal, State, or local) transaction or contract under covered transaction between a recipient or subrecipient of a public transaction; violation of Federal or State antitrust Federal funds and a participant (such as the prime or general statutes or commission of embezzlement, theft, forgery, contract). “Lower Tier Covered Transactions” refers to any bribery, falsification or destruction of records, making false covered transaction under a First Tier Covered Transaction statements, or receiving stolen property, 2 CFR 180.800; (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a (3) Are not presently indicted for or otherwise criminal ly or recipient or subrecipient of Federal funds (such as the prime or civilly charged by a governmental entity (Federal, State or general contractor). “Lower Tier Participant” refers any local) with commission of any of the offenses enumerated in participant who has entered into a covered transaction with a paragraph (a)(2) of this certification, 2 CFR 180.700 and First Tier Participant or other Lower Tier Participants (such as 180.800; and subcontractors and suppliers). (4) Have not within a three-year period preceding th is e. The prospective lower tier participant agrees by application/proposal had one or more public transactions su bmitting this proposal that, should the proposed covered (Federal, State or local) terminated for cause or default. 2 transaction be entered into, it shall not knowingly enter into CFR 180.335(d). any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily (5) Are not a corporation that has been convicted of a felony excluded from participation in this covered transaction, unless violation under any Federal law within the two-year period authorized by the department or agency with which this preceding this proposal (USDOT Order 4200.6 implementing transaction originated. 2 CFR 1200.220 and 1200.332. appropriations act requirements); and f. The prospective lower tier participant further agrees by (6) Are not a corporation with any unpaid Federal tax liability submitting this proposal that it will include this clause titled that has been assessed, for which all judicial and "Certification Regarding Debarment, Suspension, Ineligibility administrative remedies have been exhausted, or have lapsed, and Voluntary Exclusion-Lower Tier Covered Transaction," and that is not being paid in a timely manner pursuant to an without modification, in all lower tier covered transactions and agreement with the authority responsible for collecting the tax in all solicitations for lower tier covered transactions exceeding liability (USDOT Order 4200.6 implementing appropriations act the $25,000 threshold. 2 CFR 180.220 and 1200.220. requirements). g. A participant in a covered transaction may rely upon a b. Where the prospective participant is unable to certify to certification of a prospective participant in a lower tier covered any of the statements in this certification, such prospective transaction that is not debarred, suspended, ineligible, or participant should attach an explanation to this proposal. 2 voluntarily excluded from the covered transaction, unless it CFR 180.335 and 180.340. knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, * * * * * debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as 3. Instructions for Certification - Lower Tier Participants: the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for (Applicable to all subcontracts, purchase orders, and other Award Management website (https://www.sam.gov/), which is lower tier transactions requiring prior FHWA approval or compiled by the General Services Administration. 2 CFR estimated to cost $25,000 or more - 2 CFR Parts 180 and 180.300, 180.320, 180.330, and 180.335. 1200). 2 CFR 180.220 and 1200.220. h. Nothing contained in the foregoing shall be construed to a. By signing and submitting this proposal, the prospective require establishment of a system of records in order to render lower tier participant is providing the certification set out below. in good faith the certification required by this clause. The knowledge and information of participant is not required to b. The certification in this clause is a material representation exceed that which is normally possessed by a prudent person of fact upon which reliance was placed when this transaction in the ordinary course of business dealings. was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous i. Except for transactions authorized under paragraph e of certification, in addition to other remedies available to the these instructions, if a participant in a covered transaction Federal Government, the department, or agency with which knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily 12 excluded from participation in this transaction, in addition to cooperative agreement, the undersigned shall complete and other remedies available to the Federal Government, the submit Sta ndard Form-LLL, "Disclosure Form to Report department or agency with which this transaction originated Lobbying," in accordance with its instructions. may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or * * * * * entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 4. Cer tification Regarding Debarment, Suspension, U.S.C. 1352. Any person who fails to file the required Ineligibility and Voluntary Exclusion--Lower Tier certification shall be subject to a civil penalty of not less than Participants: $10,000 and not more than $100,000 for each such failure. a. The prospective lower tier participant certifies, by 3. The prospective participant also agrees by submitting its submission of this proposal, that neither it nor its principals: bid or proposal that the participant shall require that the language of this certification be included in all lower tier (1) is presently debarred, suspended, proposed for subcontracts, which exceed $100,000 and that all such debarment, declared ineligible, or voluntarily excluded from recip ients shall certify and disclose accordingly. participating in covered transactions by any Federal department or agency, 2 CFR 180.355; XII. USE OF UNITED STATES-FLAG VESSELS: (2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period This provision is applicable to all Federal-aid construction preceding this proposal (U SDOT Order 4200.6 implementing contracts, design-build contracts, subcontracts, lower-tier appropriations act requirements); and subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381. (3) i s a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative This requirement applies to material or equipment that is remedies have been exhausted, or have lapsed, and that is acquired for a specific Federal-aid highway project. 46 CFR not being paid in a timely manner pursuant to an agreement 381.7. It is not applicable to goods or materials that come into with the authority responsible for collecting the tax liability. inventories independent of an FHWA funded-contract. (U SDOT Order 4200.6 implementing appropriations act requirements) When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a b. Where the prospective lower tier participant is unable to specific Federal-aid construction project, the bidder, proposer, certify to any of the statements in this certificat ion, such contractor, subcontractor, or vendor agrees: prospective participant should attach an explanation to this proposal. 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage * * * * * (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the XI. CERTIFICATION REGARDING USE OF CONTRACT extent such vessels are available at fair and reasonable rates FUNDS FOR LOBBYING for United States-flag commercial vessels. 46 CFR 381.7. This provision is applicable to all Federal-aid construction 2. To furnish within 20 days following the date of loading for contracts and to all related subcontracts which exceed shipments originating within the United States or within 30 $100,000. 49 CFR Part 20, App. A. working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 1. The prospective participant certifies, by signing and ‘on-board’ commercial ocean bill-of-lading in English for each submitting this bid or proposal, to the best of his or her shipment of cargo described in paragraph (b)(1) of this section knowledge and belief, that: to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of a. No Federal appropriated funds have been paid or will be Cargo and Commercial Sealift (MAR-620), Maritime paid, by or on behalf of the undersigned, to any person for Administration, Washington, DC 20590. (MARAD requires influencing or attempting to influence an officer or employee of copies of the ocean carrier's (master) bills of lading, certified any Federal agency, a Member of Congress, an officer or onboard, dated, with rates and charges. These bills of lading employee of Congress, or an employee of a Member of may contain business sensitive information and therefore may Congress in connection with the awarding of any Federal be submitted directly to MARAD by the Ocean Transportation contract, the making of any Federal grant, the making of any Intermediary on behalf of the contractor). 46 CFR 381.7. Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or 13 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subp art B, App endix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contracto r undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 14 PART 8. APPENDICES APPENDIX I WSDOT STANDARD PLANS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 8. APPENDICES (this page intentionally left blank) City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions 1(January 5, 2026) 2 Standard Plans 3 The Washington State Department of Transportation Standard Plans M21-01, published 4 September 2024, is made a part of this C ontract with the following revisions: 5 6 A-10.30 7 RISER RING detail (Including SECTION view and RISER RING DIMENSIONS table): The 8 RISER RING detail is deleted from the plan. 9 10 INSTALLATION detail, SECTION A: The “1/4”” callout is revised to read “+/- 1/4" (SEE 11 CONTRACT ~ Note: The + 1/4" installation is shown in the Section A view)” 12 13 A-40.20 14 Sheet 1, NOTES 1, 2, 3, and 4 are replaced with the following: 15 16 1. Use the ½ inch joint details for bridges with expansion length less than 100 feet and 17 for bridges with L type abutments. Use the 1 inch joint details for other applications. 18 19 2. Use detail 5, 6, 7 on steel trusses and timber bridges with concrete bridge deck 20 panels. 21 22 3. For details 1, 2, 3, and 4, the item “HMA Joint Seal at Bridge End” shall be used for 23 payment. For details 5 and 6, the item “HMA Joint Seal at Bridge Deck Panel Joint” 24 shall be used for payment. For detail 7, the item “Clean and Seal Bridge Deck Panel 25 Joint” shall be used for payment. 26 27 Sheet 2, Detail 8 reference to “6-09.3(6)” is revised to read “6-21.3(7)”. 28 29 A-50.40 30 Sheet 1, Plan View: The callout “BEAM GUARDRAIL TYPE 31 TRANSITION SECTION 31 TYPE 21 OR TYPE 24 (SEE STANDARD PLAN C-25.20 OR C-25.30)” is revised to read 32 “BEAM GUARDRAIL TYPE 31 TRANSITION SECTION TYPE 21, 24, OR 25 (SEE 33 STANDARD PLAN C-25.20, C-25.30, OR C-25.32)” 34 35 A-60.40 36 Note 2 reference to “6-09.3(6)” is revised to read “6-21.3(7)”. 37 38 B-55.20 39 General Note 3 reference to “2-09.4” is revised to read “3-07.4”. 40 41 B-90.40 42 Valve Detail – DELETED 43 44 C-20.41 45 Note 4, First Sentence, “Box Culvert guardrail steel posts are not needed for fill depths 46 greater than 40 inches.” is revised to read; “Box culvert guardrail steel posts are not needed 47 for fill depths greater than 46 inches. Provide 6-inches or greater of separation between the 48 bottom of the guardrail post and top of the culvert” 49 B OX CULVERT POST ASSEMBLY, ELEVATION VIEW, post assembly length dimension “41” 50 MIN. 72” MAX.” is revised to read; “41” MIN. 78” MAX.” 1 S ECTION A, base material depth dimension -“9” MIN. 40” MAX. (SEE NOTE 4)” is revised 2 to read: “9” MIN. 46” MAX. (SEE NOTE 4)” 3 4 C20-43 5 Note 4, First Sentence: “Box culvert guardrail steel posts are not needed for fill depths greater 6 than 40 inches.” is revised to read: “Box culvert guardrail steel posts are not needed for fill 7 depths greater than 46 inches. Provide 6-inches or greater separation between the bottom 8 of guardrail post and top of culvert.” 9 Add a new KEY NOTE 4 - “IT IS PERMISSIBLE TO USE A 1” DIAM. ANCHOR ROD WITH 10 TWO NUTS AND TWO – 1” DIAM. WASHERS PER STD. SPEC. SECTION 9-06.5(4) IN 11 LIEU OF A HEX HEAD BOLT.” 12 BOX CULVERT POST & BASE PLATE ASSEMBLY, ELEVATION VIEW, post assembly 13 length dimension – “41” MIN. 72” MAX.” is revised to read: “41” M IN. 78” MAX.” 14 SECTION A, base material depth dimension - “9” MIN. 40” MAX. (SEE NOTE 4)” is revised 15 to read: “9” MIN. 46” MAX. (SEE NOTE 4)” 16 Section A, callout – “1” (IN) DIAM. HEX HEAD BOLT (ASTM A 307, GR. A) W/NUT & 2 – 1” 17 DIAM. WASHERS PER STD. SPEC. SECTION 9-06.5(1) ~ SEE NOTE 1”, is revised to read: 18 “1” (IN) DIAM. HEX HEAD BOLT (ASTM A 307, GR. A) W/NUT & TWO – 1” DIAM. WASHERS 19 PER STD. SPEC. SECTION 9-06.5(1) ~ SEE KEY NOTES 1 AND 4” 20 Elevation View, Weld symbol – callout, See (key Note Symbol) “4” is revised to read: See 21 (key Note Symbol) “3” 22 23 C-23.70 24 Sheet 2, ANCHOR BRACKET ASSEMBLY DETAIL, dimension, “R. 5/16” is revised to read; 25 R. 15/16” 26 ANCHOR PLATE DETAIL, weld callout (fillet), 1/4" is revised to read; 3/16” 27 28 C-60.20 29 Sheet 1, Plan view, callout – “1/2” (IN) DIAMETER X 6 1/2" (IN) LONG ANCHOR BOLT ~ 30 PER STD. SPEC. SECT. 9-06.5(4) (TYPICAL) (SEE NOTE 7)” is revised to read: “5/8” 31 DIAMETER x 6 1/2" (IN) LONG ANCHOR BOLT ~ PER STD. SPEC. SECT. 9-06.5(4) 32 (TYPICAL) (SEE NOTE 7)” 33 34 C-70.15 35 BARRIER CONNECTION DETAIL, callout – “CENTER GRID IN CONNECTION BLOCKOUT 36 AND FILL VOID WITH TYPE 3 GROUT (STD. SPECIFICATION SECTION 9-20.3(3) 37 PLACED IN ACCORDANCE WITH STD. SPECIFICATION SECTION 6-20.3(20)” is revised 38 to read “CENTER GRID IN CONNECTION BLOCKOUT AND FILL VOID WITH GROUT 39 TYPE 3 (STD. SPECIFICATION SECTION 9-20.3(3) PLACED IN ACCORDANCE WITH 40 STD. SPECIFICATION SECTION 6-02.3(20)” 41 42 C81.10 43 Sheet 1, TYPICAL SECTION – TRAFFIC BARRIER the R4 #6 bar on the traffic face may be 44 placed 4” down from the top of the barrier to allow additional room to install BP railing or other 45 attachments. The R4 bar shall be kept tight to the front R2 bar. 46 Sheet 4, the existing table “IMPACT SHEAR AND IMPACT MOMENT TABLE” is renamed to 47 “IMPACT SHEAR AND MOMENT TABLE DECK OVERHANG AND CONNECTIONS” 48 keynote 25 is still applicable. 49 Sheet 4, NOTES, the following Note is added: “3. Deck overhangs for this use constitute 50 plain reinforced concrete typically around 8" in thickness, non-prestressed moment slabs or 51 approach slabs, or plain reinforced and longitudinally prestressed box girders which employ 1 a topping slab. Other Supporting Structure Systems inclusive of post-tensioned decks, walls, 2 and or Structure segments tied together without a topping slab, with the ties in the barrier 3 resistance load path, shall use the impact shear and moments for other supporting 4 structures.” 5 Sheet 4, the following table is added with a keynote 25. IMPACT SHEAR AND MOMENT TABLE OTHER SUPPORTING STRUCTURES Interior Segment End Segment Roadway and Fill Height at Curb Line (in) 0 6 12 18 24 0 6 12 18 24 End Segment Length (ft) - -- -- 10.00 10.50 11.25 11.75 12.50 Impact Moment (kip*ft/ft)19.86 24.12 28.55 33.16 37.97 20.80 25.17 29.65 34.27 39.04 Impact Shear (kip/ft)7.89 8.04 8.23 8.44 8.68 8.27 8.39 8.54 8.72 8.92 6 7 C-81.15 8 Sheet 1, General Notes, Add Note 7, to read;”7. The concrete class for the moment slab 9 shall be class 4000 typically and class 4000A when the top of the slab is used as the roadway, 10 or sidewalk, surface. The concrete class for the barrier is defined in Standard Specification 11 Section 6-10.3.” 12 13 C-85.11 14 On Section B, the callout “3” EXPANDED POLYST Y RENE AROUND COLUMN (TYP.)” is 15 revised to read “3” EXPANDED POLYST Y RENE OR POLYETHYLENE FOAM AROUND 16 COLUMN (TYP.)” 17 18 D-3.09 19 Sheet 1, GEOSYNTHETIC WALL WITH 2 FT TRAFFIC SURCHARGE detail, callout – 20 “BARRIER ON WALL ~ SEE Standard Plan D-3.15 or D-3.16” is revised to read: “BARRIER 21 ON WALL ~ SEE CONTRACT PLANS” 22 23 D-3.10 24 Sheet 1, Typical Section, callout – “FOR WALLS WITH SINGLE SLOPE TRAFFIC BARRIER. 25 USE THE DETAILS ABOVE THE MATCH LINE ON STANDARD PLAN D-3.15” is revised to 26 read; ”FOR WALLS WITH SINGLE SLOPE TRAFFIC BARRIER, SEE CONTRACT PLANS” 27 Sheet 1, Typical Section, callout – “FOR WALLS WITH F-SHAPE TRAFFIC BARRIER. USE 28 THE DETAILS ABOVE THE MATCH LINE ON STANDARD PLAN D-3.16” is revised to read; 29 ”FOR WALLS WITH F-SHAPE TRAFFIC BARRIER, SEE CONTRACT PLANS” 30 31 D-3.11 32 Sheet 1, Typical Section, callout – “”B” BRIDGE APPROACH SLAB (SEE BRIDGE PLANS) 33 OR PERMANENT GEOSYNTHETIC WALL BARRIER ~ SEE STANDARD PLANS D-3.15 34 OR D-3.16” is revised to read; ”B” BRIDGE APPROACH SLAB OR MOMENT SLAB (SEE 35 CONTRACT PLANS) 36 Sheet 1, Typical Section, callout – “TYPICAL BARRIER ON BRIDGE APPROACH SLAB 37 (SEE BRIDGE PLANS) OR PERMANENT GEOSYNTHETIC WALL BARRIER ~ SEE 38 STANDARD PLANS D-3.15 OR D-3.16” is revised to read; “TYPICAL BARRIER ON BRIDGE 39 APPROACH SLAB OR MOMENT SLAB (SEE CONTRACT PLANS) 40 41 D-10.10 42 Note 7, “If Traffic Barriers are required, See Standard Plans D-15.10, D-15.20 and D-15.30” 43 is revised to read “Traffic Barriers shall not be structurally connected to the Reinforced 44 Concrete Retaining Wall Type 1 and 1SW”. 1 2 D-10.15 3 Note 7, “If Traffic Barriers are required, See Standard Plans D-15.10, D-15.20 and D-15.30” 4 is revised to read “Traffic Barriers shall not be structurally connected to the Reinforced 5 Concrete Retaining Wall Type 2 and 2SW”. 6 7 D-10.30 8 Wall Type 5 may be used in all cases. 9 10 D-10.35 11 Wall Type 6 may be used in all cases. 12 13 D-10.40 14 Note 5, “If Traffic Barriers are required, See Standard Plans D-15.10, D-15.20 and D-15.30” 15 is revised to read “Traffic Barriers shall not be structurally connected to the Reinforced 16 Concrete Retaining Wall Type 7”. 17 18 D-10.45 19 N ote 5, “If Traffic Barriers are required, See Standard Plans D-15.10, D-15.20 and D-15.30” 20 is revised to read “Traffic Barriers shall not be structurally connected to the Reinforced 21 Concrete Retaining Wall Type 8”. 22 23 E-20.10 24 On Sheet 2, the reference to “2-09.4” is revised to read “3-07.4”. 25 26 F-10.18 27 Note 1; “Construct curb joints at cement concrete pavement transverse joint locations. If all 28 adjacent pavement is HMA, see Standard Pla n F-30.10 for Curb Expansion and Contraction 29 Joint Spacing.” i s revised to read – “See Standard Plan F-30.10 and Standard Specification 30 Section 8-04.3 for Curb Expansion and Contraction Joint details and spacing.” 31 CURB 3 Detail, the diamond note 1 callout on the 6” dimension at the bottom left side of the 32 detail, is revised to be a d iamond note 2 callout. 33 34 F-30.10 35 All five instances of the “2.0% MAX.” are replaced with “2.1% MAX.” 36 37 F-40.12 38 The one instance of “2.0% MAX.” is replaced with “2.1% MAX.” 39 Note 7 is replaced with the following: 40 7. The running slope of curb ramps shall not exceed 8.3% maximum except as noted herein. 41 If the 8.3% running slope creates a ramp that exceeds 15ft, see contract plans for details. 42 Use a single constant slope from bottom of ramp to top of ramp to match into the landing. Do 43 not include the abutting landing in the Curb Ramp length measurement. When a ramp is 44 constructed on a radius, the Curb Ramp length is measured on the inside radius along the 45 back of the walkway. 46 Section B is amended as follows: 47 Delete: “15’ – 0” MAX. (TYP.)” 48 Section C is amended as follows: 49 Delete: “15’ – 0” MAX. (TYP.)” 50 51 F-40.14 1 The one instance of “2.0% MAX.” is replaced with “2.1% MAX.” 2 Note 7 is replaced with the following: 3 7. The running slope of curb ramps shall not exceed 8.3% maximum except as noted herein. 4 If the 8.3% running slope creates a ramp that exceeds 15ft, see contract plans for details. 5 Use a single constant slope from bottom of ramp to top of ramp to match into the landing. Do 6 not include the abutting landing in the Curb Ramp length measurement. When a ramp is 7 constructed on a radius, the Curb Ramp length is measured on the inside radius along the 8 back of the walkway. 9 Section A is amended as follows: 10 Delete: “15’ – 0” MAX. (TYP.)” 11 Section C is amended as follows: 12 Delete: “15’ – 0” MAX. (TYP.)” 13 14 F-40.15 15 The one instance of “2.0% MAX.” is replaced with “2.1% MAX.” 16 Note 7 is replaced with the following: 17 7. The running slope of curb ramps shall not exceed 8.3% maximum except as noted herein. 18 If the 8.3% running slope creates a ramp that exceeds 15ft, see contract plans for details. 19 Use a single constant slope from bottom of ramp to top of ramp to match into the landing. Do 20 not include the abutting landing in the Curb Ramp length measurement. 21 Section A is amended as follows: 22 Delete: “15’ – 0” MAX. (TYP.)” 23 24 F-40.16 25 The one instance of “2.0% MAX.” is replaced with “2.1% MAX.” 26 Note 8 is replaced with the following: 27 7. The running slope of curb ramps shall not exceed 8.3% maximum except as noted herein. 28 If the 8.3% running slope creates a ramp that exceeds 15ft, see contract plans for details. 29 Use a single constant slope from bottom of ramp to top of ramp to match into the landing. Do 30 not include the abutting landing in the Curb Ramp length measurement. 31 Section A is amended as follows: 32 Delete: “15’ – 0” MAX. (TYP.)” 33 Section B is amended as follows: 34 Delete: “15’ – 0” MAX. (TYP.)” 35 36 F-80.10 37 The one instance of “2.0% MAX.” is replaced with “2.1% MAX.” 38 Note 6 is replaced with the following: 39 The running slope of the Pedestrian Ramp shall not exceed 8.3% maximum except as noted 40 herein. If the 8.3% running slope creates a ramp that exceeds 15ft, see contract plans for 41 details. Use a single constant slope from bottom of ramp to top of ramp to match into the 42 sidewalk. 43 Section A is amended as follows: 44 Delete: “15” Max.” 45 46 J-5.50 47 General Note 4 reference to “2-09.3(1)E” is revised to read “3-07.3(1)E” 48 General Note 5 reference to “2-09.3(1)E” is revised to read “3-07.3(1)E” 49 50 J-10.10 1 Sheet 4 of 6, “Foundation Size Reference Table”, PAD WIDTH column, Type 33xD=6’ –3” is 2 revised to read: 7’ – 3”. Type 342LX / NEMA P44=5’ – 10” is revised to read: 6’ – 10” 3 Sheet 5 of 6, Plan View, “FOR EXAMPLE PAD SHOWN HERE:, “first bullet” item, “-SPACE 4 BETWEEN TYPE B MOD. CABINET AND 33x CABINET IS 6” (IN)” IS REVISED TO READ: 5 “SPACE BETWEEN TYPE B MOD. CABINET (BACK OF ALL CHANNEL STEEL) AND 33x 6 CABINET IS 6” (IN) (CHANNEL STEEL ADDS ABOUT 5” (IN)” 7 8 J-10.16 9 Key Note 1, Standard Plan J-10.30 revised to Standard Plan J-10.14 10 11 J-10.17 12 Key Note 1, Standard Plan J-10.30 revised to Standard Plan J-10.14 13 14 J-10.18 15 Key Note 1, Standard Plan J-10.30 revised to Standard Plan J-10.14 16 17 J-15.15 18 The reference to “2-09.3(1)E” is revised to read “3-07.3(1)E” 19 20 J-20.01 21 STANDARD DIMENSIONS AND REFERENCES t able, TYPE FB, Standard Height column – 22 “15’-0” ”is revised to read; “14’-0” ” 23 24 J-20.10 25 DELETED 26 27 J-20.11 28 DELETED 29 30 J-20.26 31 Add Note 1, “1. One accessible pedestrian pushbutton station per pedestrian pushbutton 32 post.” 33 Add General Note 2, to read: “Signs shown are for locations with pedestrian signal displays 34 (Accessible Pedestrian Signals/APS). Accessible information device (AID) pushbuttons 35 signs not shown.” 36 Revise View Titles (Both Sheets) to read: “ACCESSIBLE PEDESTRIAN PUSHBUTTON 37 ASSEMBLY” 38 39 J-20.16 40 View A, callout, was – LOCK NIPPLE, is revised to read; CHASE NIPPLE 41 42 J-21.10 43 Sheet 1, Anchor Bolt Template, callout; “9” (IN) BOLT CIRCLE” is revised to read: “9” (IN) 44 DIA.BOLT CIRCLE” 45 Base Plate Detail, callout; “3/4” (IN) STEEL PLATE WITH HOLE = POLE BASE + 1/6” (IN)” 46 IS REVISED TO READ; “3/4” (IN) STEEL PLATE WITH HOLE = POLE BASE + 1/16” (IN)” 47 Flat Foundation Detail – Elevation, callout; “ANCHOR BOLTS ~ ¾” (IN) x 30” (IN) FULL 48 THREAD ~ THREE REQ’D. PER ASSEMBLY” is revised to read; “ANCHOR BOLTS ~ ¾” 49 (IN) x 30” (IN) FULL THREAD ~ FOUR REQ’D. PER ASSEMBLY” 50 Flat Foundation Detail – Elevation, dimension; 4’ – 0” is revised to read; “4’ – 0” ROUND OR 51 3’ – 0” SQUARE” 1 2 J-21.15 3 Partial View, callout, was – LOCK NIPPLE ~ 1 ½” DIAM., is revised to read; CHASE NIPPLE 4 ~ 1 ½” (IN) DIAM. 5 6 J-21.16 7 On both elevation views, the o verall s tandard height dimension “15’-0” ” is revised to read; 8 “14’-0” ” 9 10 J-26.10 11 The reference to “2-09.3(1)E” is revised to read “3-07.3(1)E” 12 13 J-27.10 14 The reference to “2-09.3(1)E” is revised to read “3-07.3(1)E” 15 16 J-28.30 17 General Note 13 – “See Standard Plans C-8b and C-85.14 for steel light standards on traffic 18 barrier” is revised to read; “See Standard Plan C-85.15 for steel light standards on traffic 19 barrier.” 20 21 J-29.10 22 The reference to “2-09.3(1)E” is revised to read “3-07.3(1)E” 23 24 J-40.10 25 Sheet 2 of 2, Detail F, callout, “12 – 13 x 1 ½” S.S. PENTA HEAD BOLT AND 12” S. S. FLAT 26 WASHER” is revised to read; “12 – 13 x 1 ½” S.S. PENTA HEAD BOLT AND 1/2” (IN) S. S. 27 FLAT WASHER” 28 29 J-40.36 30 Note 1, second sentence; ”Finish shall be # 2B for backbox and # 4 for the cover.” Is revised 31 to read; ”Finish shall be # 2B for barrier box and HRAP (Hot Rolled Annealed and Pickled) 32 for the cover. 33 34 J-40.37 35 Note 1, second sentence; ”Finish shall be # 2B for backbox and # 4 for the cover.” Is revised 36 to read; ”Finish shall be # 2B for barrier box and HRAP (Hot Rolled Annealed and Pickled) 37 for the cover. 38 39 J-50.15 40 Sheet 1, SECTION A, the call out “LOOP LEAD-IN WIRES, TWISTED PAIRS ~ MAX. 3 41 PAIRS” is revised to read “LOOP LEAD-IN WIRES, TWISTED PAIRS ~ MAX. 6 PAIRS” 42 General Note 1 reference to “2-09.3(1)E” is revised to read “3-07.3(1)E” 43 44 J-75.20 45 Key Notes, note 16, second bullet point, was: “1/2” (IN) x 0.45” (IN) Stainless Steel Bands”, 46 add the following to the end of the note: “Alternate: Stainless steel cable with stainless steel 47 ends, nuts, bolts, and washers may be used in place of stainless steel bands and associated 48 hardware.” 49 50 J-75.55 51 Notes, Note A1, Revise reference, was – G-90.29, should be – G-90.20. 1 2 K-80.32 3 Sheet 1, END VIEW, the callout located at the base of barrier – “SEE NOTE 2” is revised to 4 read: “SEE NOTE 3” 5 Sheet 2, WIRE ROPE LOOP DETAIL, dimension (overall length) – “SEE NOTE 1” is revised 6 to read: “SEE NOTE 2” 7 Sheet 2, Side View (Right), callout – “WIRE ROPE LOOPS – SEE NOTE 1” is revised to 8 read: “WIRE ROPE LOOPS – SEE NOTE 2” 9 10 L-5.10 11 Add new general Note 9 on sheet 1 – “9. The top of wall in Section A on Sheet 1 shall be 12 located as follows: 1) flush with the finished grade when placed within the deflection distance 13 of the long span guardrail system (Std. Plan C-20.40), 2) Two inches maximum above 14 finished grade when placed behind a box culvert guardrail steel post system (Std. Plan C- 15 20.41 or C-20.43), 3) Six inches minimum for all other applications. The bottom rail shall be 16 located at mid height between the top rail and the top of structure.” 17 18 M-20.30 19 Wide Dotted Lane Line Detail, reference below title, (SEE NOTE 6) is revised to read: (SEE 20 NOTE 5) 21 22 M-40.10 23 Guide Post Type ~ Reflective Sheeting Applications Table, remove reference - “(SEE NOTE 24 5)” 25 26 The following are the Standard Plan numbers applicable at the time this project was 27 advertised. The date shown with each plan number is the publication approval date shown 28 in the lower right-hand corner of that plan. Standard Plans showing different dates shall not 29 be used in this contract. 30 A-10.10-00 .........8/7/07 A-30.35-00 .....10/12/07 A-50.10-0 2 .......7/18/24 A-10.20-00 .......10/5/07 A-40.00-0 1 .........7/6/22 A-50.40-01 .......8/17/21 A-10.30-00 .......10/5/07 A-40.10-04 ....... 7/31/19 A-60.10-0 3 ..... 12/23/14 A-20.10-00 .......8/31/07 A-40.15-00 ....... 8/11/09 A-60.20-03 ..... 12/23/14 A-30.10-00 .......11/8/07 A-40.20-0 4 ....... 1/18/17 A-60.30-0 1 .......6/28/18 A-30.30-01 .......6/16/11 A-40.50-0 3 ...... 9/12/23 A-60.40-00 .......8/31/07 31 B-5.20-0 3...........9/9/20 B-30.50-0 3....... 2/27/18 B-75.20-0 3 ........8/17/21 B-5.40-0 2.........1/26/17 B-30.60-00.........9/9/20 B-75.50-0 2 ........3/15/22 B-5.60-0 2.........1/26/17 B-30.40-0 3....... 2/27/18 B-70.60-0 1 ........1/26/17 B-10.20-0 3 .......8/23/23 B-30.70-0 4....... 2/27/18 B-75.60-00 .......... 6/8/06 B-10.40-0 2 .......8/17/21 B-30.80-0 1....... 2/27/18 B-80.20-00 .......... 6/8/06 B-10.70-03 .......8/23/23 B-30.90-0 2....... 1/26/17 B-80.40-00 .......... 6/1/06 B-15.20-0 1 .........2/7/12 B-35.20-00.........6/8/06 B-85.10-01 ........6/10/08 B-15.40-0 1 .........2/7/12 B-35.40-0 1....... 8/23/23 B-85.20-00 .......... 6/1/06 B-15.60-0 2 .......1/26/17 B-40.20-00.........6/1/06 B-85.30-00 .......... 6/1/06 B-20.20-02 .......3/16/12 B-40.40-02....... 1/26/17 B-85.40-00 .......... 6/8/06 B-20.40-04 .......2/27/18 B-45.20-0 1........7/11/17 B-85.50-01 ........6/10/08 B-20.60-03 .......3/15/12 B-45.40-0 1....... 7/21/17 B-90.10-00 .......... 6/8/06 B-25.20-0 2 .......2/27/18 B-50.20-00.........6/1/06 B-90.20-00 .......... 6/8/06 B-25.60-0 3 .......8/23/23 B-55.20-0 3....... 8/17/21 B-90.30-00 .......... 6/8/06 B-30.05-00.........9/9/20 B-60.20-0 2.........9/9/20 B-90.40-0 1........1/26/17 B-30.10-0 3 .......2/27/18 B-60.40-0 1....... 2/27/18 B-90.50-00 .......... 6/8/06 B-30.15-00 .......2/27/18 B-65.20-0 1....... 4/26/12 B-95.20-0 2 ........8/17/21 B-30.20-0 4 .......2/27/18 B-65.40-00.........6/1/06 B-95.40-0 1 ........6/28/18 B-30.30-0 3.......2/27/18 B-70.20-0 1.......3/15/22 1 C-1 .....................9/8/22 C-23.70-01 ......10/16/23 C-70.10-04 .....10/16/23 C-1b ............... 10/12/23 C.24.10-05....... 7/21/24 C-70.15-0 1 .......7/21/24 C-1d ............... 10/31/03 C-24.15-00 ....... 3/15/22 C-75.10-02 .......9/16/20 C-6a ...................9/8/22 C-25.20-0 7 ....... 8/20/21 C-75.20-03 .......8/20/21 C-7 .....................9/8/22 C-25.22-0 6 ....... 8/20/21 C-75.30-03 .......8/20/21 C-7a ...................9/8/22 C-25.26-0 5 ....... 8/20/21 C-80.10-03 .....10/16/23 C-20.10-09 ..... 10/12/23 C-25.30-01 ....... 8/20/21 C-80.20-01 .......6/11/14 C-20.14-0 5 .........9/8/22 C-25.32-00 ....... 7/29/24 C-80.30-02 .......8/20/21 C-20.15-0 3 ..... 10/12/23 C-25.80-0 5 ....... 8/12/19 C-80.40-01 .......6/11/14 C-20.18-0 4 .........9/8/22 C-60.10-04 ....... 7/21/24 C-85.10-00 ......... 4/8/12 C-20.40-10 ..... 10/12/23 C-60.15-0 1 ....... 7/2 1/2 4 C-85.11-01........9/16/20 C-20.41-05 .......7/18/24 C-60.20-0 1 .........9/8/2 2 C-85.15-03 .....10/17/23 C-20.43-01 .......7/18/24 C-60.30-0 2 ....... 7/21/24 C-85-18-03......... 9/8/22 C-20.44-00 .......8/13/24 C-60.40-0 1 ....... 7/21/24 C-81.10-00 .......9/12/23 C-20.45-03 .........9/8/22 C-60.45-0 1 ....... 7/21/24 C-81.15-00 .......9/12/23 C-20.55-00 .......7/30/24 C-60.50-0 1 ....... 7/21/24 C-22.16-08 ..... 10/17/23 C-60.60-0 1 ....... 7/21/24 C-22.40-11 .......7/21/24 C-60.70-0 1 .........9/8/2 2 C-22.45-07 .......7/21/24 C-60.80-0 2 ....... 7/21/24 2 D-2.36-0 3 .........6/11/14 D-3.11-0 3 ..........6/11/14 D-10.25-0 1 ......... 8/7/19 D-2.46-02 .........8/13/21 D-4 .................. 12/11/98 D-10.30-00 ......... 7/8/08 D-2.84-00 ....... 11/10/05 D-6 ................... 6/19/98 D-10.35-00 ......... 7/8/08 D-2.92-0 1 .........4/26/22 D-10.10-01 ....... 12/2/08 D-10.40-01 .......12/2/08 D-3.09-00 .........5/17/12 D-10.15-01 ....... 12/2/08 D-10.45-01 .......12/2/08 D-3.10-0 1 .........5/29/13 D-10.20-0 1 .........8/7/19 D-20.10-00 .......10/9/23 3 E-1 ...................2/21/07 E-4 ................... 8/27/03 E-20.10-00 ........9/12/23 E-2 ...................5/29/98 E-4a................. 8/27/03 E-20.20-00 ........10/4/23 4 F-10.12-0 4 .......9/24/20 F-10.62-0 2....... 4/22/14 F-40.15-0 4 ........9/25/20 F-10.16-00 ..... 12/20/06 F-10.64-0 3....... 4/22/14 F-40.16-0 3 ........6/29/16 F-10.18-0 4 .......6/28/2 4 F-30.10-0 4....... 9/25/20 F-45.10-0 5 .......... 6/4/2 4 F-10.40-0 4 .......9/24/20 F-40.12-0 3....... 6/29/16 F-80.10-0 4 ........7/15/16 F-10.42-00 .......1/23/07 F-40.14-0 3....... 6/29/16 5 G-10.10-00 .......9/20/07 G-24.50-0 5........8/7/19 G-90.10-03.......7/11/17 G-20.10-0 3 .......8/20/21 G-24.60-0 5...... 6/28/18 G-90.20-05.......7/11/17 G-22.10-0 4 .......6/28/18 G-25.10-05...... 9/16/20 G-90.30-04.......7/11/17 G-24.10-00 .......11/8/07 G-26.10-00...... 7/31/19 G-95.10-02.......6/28/18 G-24.20-0 1 .........2/7/12 G-30.10-04...... 6/23/15 G-95.20-03.......6/28/18 G-24.30-0 2 .......6/28/18 G-50.10-0 3...... 6/28/18 G-95.3 0-03.......6/28/18 G-24.40-0 7 .......6/28/18 6 H-10.10-0 1 .........6/2/24 H-30.10-00 ......10/12/07 H-70.10-0 2 .......8/17/21 H-10.11-00.........6/2/24 H-32.10-00.......9/20/07 H-70.20-0 2.......8/17/21 H-10.15-0 1 .........6/2/24 H-60.10-01 .........7/3/08 H-10.16-00 .........6/2/24 H-60.20-01 .........7/3/08 1 I-10.10-01.........8/11/09 I-30.20-00........9/20/07 I-40.20-00.........9/20/07 I-30.10-0 2 .........3/22/13 I-30.30-0 2 ........ 6/12/19 I-50.20-0 2 ........... 7/6/22 I-30.15-0 2 .........3/22/13 I-30.40-0 2 ........ 6/12/19 I-60.10-01 .........6/10/13 I-30.16-0 1 .........7/11/19 I-3 0.60-0 2 ........ 6/12/19 I-6 0.2 0-01 .........6/10/13 I-30.17-0 1 .........6/12/19 I-40.10-00 ........ 9/20/07 I-80.10-0 2 .........7/15/16 2 J-05.50-00 ........8/30/22 J-26.10-0 3 ....... 7/21/16 J-50.05-00 ........7/21/17 J-10..................7/18/97 J-26.15-0 1.......5/17/12 J-50.10-01........7/31/19 J-10.10-04 ........9/16/20 J-26.20-01 ....... 6/28/18 J-50.11-02 .........7/31/19 J-10.12-00 ........9/16/20 J-27.10-01 ....... 7/21/16 J-50.12-02 .......... 8/7/19 J-10.14-00 ........9/16/20 J-27.15-00 ....... 3/15/12 J-50.13-01 ........8/30/22 J-1 0.15-01 ........6/11/14 J-28.01-00 ....... 8/30/22 J-50.15-01 ........7/21/17 J-10.16-0 2 ........8/18/21 J-28.10-0 2 .........8/7/19 J-50.16-01 ........3/22/13 J-10.17-02 ........8/18/21 J-28.22-00 ....... 8/07/07 J-50.18-00 .......... 8/7/19 J-10.18-0 2 ........8/18/21 J-28.24-0 2 ....... 9/16/20 J-50.19-00 .......... 8/7/19 J-10.20-0 4 ........8/18/21 J-28.26-01 ......12/02/08 J-50.20-00 .......... 6/3/1 1 J-10.21-0 2 ........8/18/21 J-28.30-0 4 ....... 6/18/24 J-50.25-00 .......... 6/3/1 1 J-1 0.22-03 ........10/4/23 J-28.40-02 ........6/11/14 J-50.30-00 .......... 6/3/1 1 J-10.25-01 ........6/21/24 J-28.42-0 1 ........6/11/14 J-60.05-01 ........7/21/16 J-10.26-00 ........8/30/22 J-28.43-01 ....... 6/28/18 J-60.1 1-00 .........5/20/13 J-12.15-00 ........6/28/18 J-28.45-0 3 ....... 7/21/16 J-60.1 2-00 ........5/20/13 J-12.16-00 ........6/28/18 J-28.50-0 3 ....... 7/21/16 J-60.13-00 ........6/16/10 J-15.10-01 ........6/11/14 J-28.60-0 3 ....... 8/27/21 J-60.14-0 1 ........7/31/19 J-15.15-0 2 ........7/10/15 J-28.70-0 4 ....... 8/30/22 J-75.10-0 2 ........7/10/15 J-20.01-01 ........6/21/24 J-29.10-02 ....... 8/26/22 J-75.20-0 1 ........7/10/15 J-20.05-00 ........6/21/24 J-29.15-01 ....... 7/21/16 J-75.30-0 2 ........7/10/15 J-20.10-0 5 ........10/4/23 J-29.16-02 ....... 7/21/16 J-75.50-00 ........8/30/22 J-20.11-03 ........7/31/19 J-30.10-0 1 ....... 8/26/22 J-75.55-00 ........8/30/22 J-20.15-0 4 ........6/21/24 J-40.01-00 ....... 8/30/22 J-80.05-00 ........8/30/22 J-20.16-0 2 ........6/30/14 J-40.05-00 ....... 7/21/16 J-80.10-0 1 ........8/18/21 J-20.20-0 2 ........5/20/13 J-40.10-0 4 ....... 4/28/16 J-80.12-00 ........8/18/21 J-20.26-0 1 ........7/12/12 J-40.20-03 ....... 4/28/16 J-80.15-00 ........6/28/18 J-21.10-0 5 ........6/21/24 J-40.30-0 4 ....... 4/28/16 J-81.10-0 2 ........8/18/21 J-21.15-0 1 ........6/10/13 J-40.3 5-0 1 ....... 5/29/13 J-81.12-00 .......... 9/3/21 J-21.16-0 2 ........6/21/24 J-40.36-0 2 ....... 7/21/17 J-84.05-00 ........8/30/22 J-21.17-0 1 ........6/10/13 J-40.37-0 2 ....... 7/21/17 J-86.10-00 ........6/28/18 J-21.20-0 1 ........6/10/13 J-40.38-0 1 ....... 5/20/13 J-90.10-03 ........6/28/18 J-22.15-0 3 ........6/21/24 J-40.39-00 ....... 5/20/13 J-90.20-0 3 ........6/28/18 J-22.16-0 3 ........7/10/15 J-40.40-02 ....... 7/31/19 J-90.21-02 ........6/28/18 J-22.17-00 ........6/21/24 J-45.36-00 ....... 7/21/17 J-90.50-00 ........6/28/18 3 K-70.20-0 1 .........6/1/16 K-80.32-00....... 8/17/21 K-80.35-0 1 ........9/16/20 K-80.10-0 2 .......9/25/20 K-80.34-00....... 8/17/21 K-80.37-0 1 ........9/16/20 4 L-5.10-0 2 ............6/5/2 4 L-20.10-0 3 ....... 7/14/15 L-40.20-0 2 ........6/21/12 L-5.15-00 ..........9/19/22 L-30.10-0 2 ........6/11/14 L-70.10-01 ........5/21/08 L-10.10-0 2 ........6/21/12 L-40.15-0 1 ........6/16/11 L-70.20-01 ........5/21/08 1 M-1.20-0 4 .........9/25/20 M-9.60-00 ........ 2/10/09 M-24.66-00 .......7/11/17 M-1.40-0 3 .........9/25/20 M-11.10-0 4.........8/2/22 M-40.10-0 4 .....10/17/23 M-1.60-0 3 .........9/25/20 M-12.10-0 4 ...... 6/2 8/2 4 M-40.20-00 .....10/12/07 M-1.80-0 3...........6/3/11 M-15.10-0 2......7/17/23 M-40.30-0 1.......7/11/17 M-2.20-0 3 .........7/10/15 M-17.10-02 ........7/3/08 M-40.40-00 .......9/20/07 M-2.21-00 .........7/10/15 M-20.10-0 4 ........8/2/22 M-40.50-00 .......9/20/07 M-3.10-0 4 .........9/25/20 M-20.20-0 2 ...... 4/20/15 M-40.60-00 .......9/20/07 M-3.20-0 4 ...........8/2/22 M-20.30-0 5 ...... 6/2 8/24 M-60.10-0 1 ......... 6/3/11 M-3.30-0 4 .........9/25/20 M-20.40-0 3 ...... 6/24/14 M-60.20-0 3 .......8/17/21 M-3.40-0 4 .........9/25/20 M-20.50-0 2 .........6/3/11 M-65.10-0 3 .......8/17/21 M-3.50-0 3 .........9/25/20 M-24.20-0 2 ...... 4/20/15 M-80.10-01 ......... 6/3/11 M-5.10-0 3 .........9/25/20 M-24.40-0 2 ...... 4/20/15 M-80.20-00 .......6/10/08 M-7.50-01 .........1/30/07 M-24.60-0 4 ...... 6/24/14 M-80.30-00 .......6/10/08 M-9.50-0 2 .........6/24/14 M-24.65-00 .......7/11/17 2 éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê éóîíóîê PART 4. CERTIFICATIONS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions PART 4. CERTIFICATIONS ENGINEER'S CERTIFICATION OF FINAL PLANS AND SPECIFICATIONS City of Yelm Downtown Activated Alleyway - Fuller Footpath Contract Provisions Appendix E, Lightcurve Vault Specification Ñ´¼½¿­¬´» ÚÎÐ íðìè Ó¿¬»®·¿´ ú ͬ§´» Ú·¾»® λ·²º±®½»¼ б´§³»® ©ñ б´§³»® ݱ²½®»¬» η²¹ ͬ®¿·¹¸¬ íðŒ ¨ ìèŒ ïèŒô îìŒô íðŒô íêŒ ¼»°¬¸­ л®º±®³¿²½» ïèŒ îìŒ ú É»·¹¸¬ íðŒ íêŒ ßÒÍ×ñÍÝÌÛóéé Ì·»® ïë ìçóïñèŒ íîóïñìŒ Ó»¼·«³ Ü«¬§ ßÒÍ×ñÍÝÌÛ Ì×ÛÎ ïë ­·¬«¿¬·±²­ ±²´§ò É»·¹¸¬­ ¿²¼ ¼·³»²­·±²­ ³¿§ ª¿®§ ­´·¹¸¬´§ò ß½¬«¿´ ´±¿¼ ®¿¬·²¹ ·­ ¼»¬»®³·²»¼ ¾§ ¬¸» ¾±¨ ¿²¼ ½±ª»® ½±³¾·²¿¬·±²ò ß´´ ·²º±®³¿¬·±² ½±²¬¿·²»¼ ±² ¬¸·­ ­¸»»¬ ·­ ½«®®»²¬ ¿¬ ¬¸» ¬·³» ±º °«¾´·½¿¬·±²ò Ñ´¼½¿­¬´» ײº®¿­¬®«½¬«®» ®»­»®ª»­ ¬¸» ®·¹¸¬ ¬± ¼·­½±²¬·²«» ±® «°¼¿¬» °®±¼«½¬ ·²º±®³¿¬·±² ©·¬¸±«¬ ²±¬·½»ò λª·­·±² ðîñîðîë w îðîë Ñ´¼½¿­¬´» ײº®¿­¬®«½¬«®»ô ײ½ò ±´¼½¿­¬´»·²º®¿­¬®«½¬«®»ò½±³ øèèè÷ çêëóíîîé Ì®«­¬»¼ °¿®¬²»®­¸·°­ò Ú«´´ ­½¿´» ­±´«¬·±²­ò Appendix E, Lightcurve Vault Specification Ñ´¼½¿­¬´» ÚÎÐ íðìè Ú¿­¬²»® Ñ°¬·±²­Í¬¿²¼¿®¼ ̸®»¿¼Ý±·´ ̸®»¿¼ß Þ Ý Þ±´¬ λ¬¿·²»® øº±® ­¬¿²¼¿®¼ ¬¸®»¿¼÷ ß¼¼ Ѳ Ñ°¬·±²­Î¿½µ Ó±«²¬ÛÓÍ Ó¿®µ»®Ù®±«²¼ Þ«­Ð«´´·²¹ Û§»Ý¿¾´» ο½µ Ý¿¾´» ß®³Ë²·­¬®«¬ ‹Ó±«­»¸±´»­ñÕ²±½µ±«¬­‹Ù®±«²¼ Þ«­­ ‹Ð«´´·²¹ Û§» ó ïôððð ´¾ ‹Î¿½µ·²¹ Ю±ª·­·±² ¿²¼ íôððð ´¾‹Ô·¼ Ù¿­µ»¬­ö É ßÎÒ×ÒÙæ Ý¿²½»® ó ©©©òÐêë É¿®²·²¹­ò½¿ò¹±ª·²¬± ¬¸» ¾±¨ô ¬¸»§ ¼± ²±¬ ³¿µ» »²½´±­«®» º«´´§ ©¿¬»®°®±±ºò ß´´ ·²º±®³¿¬·±² ½±²¬¿·²»¼ ±² ¬¸·­ ­¸»»¬ ·­ ½«®®»²¬ ¿¬ ¬¸» ¬·³» ±º °«¾´·½¿¬·±²ò Ñ´¼½¿­¬´» ·²º®¿­¬®«½¬«®» ®»­»®ª»­ ¬¸» ®·¹¸¬ ¬± ¼·­½±²¬·²«» ±® «°¼¿¬» °®±¼«½¬ ·²º±®³¿¬·±² ©·¬¸±«¬ ²±¬·½»ò λª·­·±² ðîñîðîë w îðîë Ñ´¼½¿­¬´» ײº®¿­¬®«½¬«®»ô ײ½ò ±´¼½¿­¬´»·²º®¿­¬®«½¬«®»ò½±³ øèèè÷ çêëóíîîé Ì®«­¬»¼ °¿®¬²»®­¸·°­ò Ú«´´ ­½¿´» ­±´«¬·±²­ò B.Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.06.A above. However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and r esponsibility associated with use of the Electronic Documents versions to derive information reliance upon such derived information. C.See Section 3.01 (H) of the Supplementary Conditions for additional information regarding Coordination of the Contract Documents. ARTICLE 3 QUALIFICATIONS OF BIDDERS 3.01 to perform the Work: A.Written evidence establishing its qualifications such as financial data, previous experience, and present commitments. B.A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract. C. D.Subcontractor and Supplier qualification information. E.Other required information regarding qualifications. 3.02 disqualify Bidder from receiving an award of the Contract. 3.03 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek 3.04 Section s 1-02.1 and 1-02.6 of the Technical Specificatio ns provides requirements for Bidder Qualifications in the State of Washing ton. ARTICLE 4 PRE-BID CONFERENCE 4.01 A mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Proposals will not be accepted from Bidders who do not a ttend the -bid conference to verify its participation. Bidders must sign in using the name of the organization that will be submitting a Bid. A list of qualified Bidders that attended the pre-bid conference and are eligible to submit a Bid for this Project will be issued in an Addendum. 4.02 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from EJCDC® C-200, Instructions to Bidders for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 2 of 10 BID FORM FOR CONSTRUCTION CONTRACT The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 1 OWNER AND BIDDER This Bid is submitted to: The City of Yelm, Purchasing Office located at Yelm City Hall, 106 Second St SE, Yelm, WA 98597. 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the ti mes indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 ATTACHMENTS TO THIS BID 2.01 The following documents are submitted with and made a condition of this Bid: A.Required Bid security; B.List of Proposed Subcontractors; (WSDOT Form 271-015LP) C.List of Proposed Suppliers; D.Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids; E.l icense number as e or a covenant by Bidder to obtain said license within the time for acceptance of Bids; Bidder Qualification Statement (EJCDC C-451), excluding Articles 4 and 5 and the supporting documentation required by those F. Required Bidder Qualification Statement with supporting data; Articles, which shall be submitted after Bid opening in accordance with C-451 and Addendum No. 2." G.If Bid amount exceeds $10,000, signed Compliance Statement (RD 400-6). Refer to specific equal opportunity requirements set forth in the Supplementary Conditions of the Construction Contract (EJCDC C-800); H.If Bid amount exceeds $25,000, signed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (AD-1048); I.If Bid amount exceeds $100,000, signed RD Instruction 1940-Q Exhibit A-1, Certification for Contracts, Grants, and Loans. J.Non-Collu sion Declaration, (WSDOT form 272-036H) K.Bidder Questionnaire (WSDOT Form 272-022) L.Contractor Certification Wage Law Compliance (WSDOT Form 272-009) EJCDC® C-410, Bid Form for Construction Contract. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Modified to include RD edits from RUS Bulletin 1780-26 (5/24/2023, with no changes resulting from 5/10/24 edition). Page 1 of 12 e h T . d i 4 B s f, e l o n c i o e t i r t s m a i A t s t n e e d e n e i t h t m s e l u u t a p c b o m d d d o n e i r c g o u t n c i i q t e r m s e r b o p e t u h s p. o t n l u e l s n n e a i o l r h d )d a s e n a r r i 5 o e e u d o d q d n l n d e( i r a a .t l t B l i 4 m a w.m s p b o g e l l u t i n 0 c s i 0 t n d: r e u 2 i d l r A a c 1 B p i n n e p,a h t a 5 h t g d r n n e i a a t w l l o o l n d a y f o e h T . d i 4 B s f, e l o n c i o i e t r t s m a i A t s t n e d e e n e i t h t m s l e u t u a p c b o m d d d o n e i r c g o u t n c i i q t e r m s e r b o t u p e s p h. o t n l u e l s n n e a o i l r h d )d a s e r n a r i 5 o e e u o d d d q n l n e d( i r a a .t t B l l i 4 m a w .m s p b o g e l l u t i n 0 c s i 0 t n d: r d e u 2 i l r A a c 1 B n p i n e p, a h t a 5 h t d g r n n e i a a t w l l o o l n d a y f o Form Approved USDA OMB No. 0575-0018 Form RD 400-6 (Rev. 4-00)COMPLIANCE STATEMENT This statement relates to a proposed contract with (Name of borrower or grantee) who expects to finance the contract with assistance from either the Rural Housing Service (RHS), Rural Business-Cooperative Service (RBS), or the Rural Utilities Service (RUS) or their successor agencies, United States Department of Agriculture (whether by a loan, grant, loan insurance, guarantee, or other form of financial assistance). I am the undersigned bidder or prospective contractor, I represent that: 1.I have have not, participated in a previous contract or subcontract subject to Executive 11246 (regarding equal employment opportunity) or a preceding similar Executive Order. 2. If I have participated in such a contract or subcontract,I have,have not, filed all compliance reports that have been required to file in connection with the contract or subcontract. If the proposed contract is for $50,000 or more and I have 50 or more employees, I also represent that: 3.I have,have not previously had contracts subject to the written affirmative action programs requirements of the Secretary of Labor. 4.If I have participated in such a contract or subcontract,I have,have not developed and placed on file at each establishment affirmative action programs as required by the rules and regulations of the Secretary of Labor.Submitted: I understand that if I have failed to file any compliance reports that have been required of me, I am not eligible and will not be eligible to have my bid considered or to enter into the proposed contract unless and until I make an arrangement regarding such reports that is satisfactory to either the RHS, RBS or RUS, or to the office where the reports are required to be filed. I also certify that I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that I do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. I certify further that I will not maintain or provide for my employees any segregated facilities at any of my establishments, and that I will not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. I agree that a breach of this certification is a violation of the Equal Opportunity clause in my contract. As used in this certification, the term ''segregated facilities'' means any waiting rooms, work areas, restrooms and wash rooms, restaurants and other eating areas time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. I further agree that (except where I have obtained identical certifications for proposed subcontractors for specific time periods) I will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that I will retain such certifications in my files; and that I will forward the following notice to such proposed subcontractors (except where the proposed Name: subcontractors have submitted identical certifications for specific time periods): (See Reverse). According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays the valid OMB control number. The valid OMB control number for this information collection is 0575-0018. The time required to complete this information collection is estimated to average 10 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Position 6 RD 400-6 (Rev. 4-00) Conf Nbr: NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTS FOR CERTIFICATIONS OF NON-SEGREGATED FACILITIES A certification of Nonsegregated Facilities, as required by the May 9, 1967, order (32F.R. 7439, may 19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor, must be submitted prior to the award of a subcontract exceeding $ 10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Date (Signature of Bidder or Prospective Contractor) Submitted: Address (including Zip Code) Name: RD 400-6 (Rev. 4-00) Conf Nbr: U.S. DEPARTMENT OF AGRICULTURE Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarmen t and Suspension, 7 CFR part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1)The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals i s presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2)Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Organization Name PR/Award Number or Project Name Name(s) and Title(s) of Authorized Representative(s) Signature(s)Date Form AD-1048 (1/92) Instructions for Certification 1.By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions. 2.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circu mstances. 4.The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5.The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6.The prospective lower tier participant further agrees by submitting this form that it will include this cla use titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transaction and in all solicitations for lower tier covered transactions. 7.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9.Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available reme dies, including suspension and/or debarment. 2 Form AD-1048 (1/92) RD Instruction 1940-Q Exhibit A-1 CERTIFICATION FOR CONTRACTS, GRANTS AND LOANS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant or Federal loan, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant or loan. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant or loan, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including contracts, subcontracts, and subgrants under grants and loans) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. _______________________________________________________________________ (name) (date) ______________________________________ (title) oOo (08-21-91) PN 171 Meeting Date: CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington AGENDA ITEM: ORDINANCE NO. 1156 ? MUNICIPAL CODE UPDATES COMMITTEE REVIEW: x YES NO COMMITTEE: Finance Committee ATTORNEY REVIEW/APPROVAL: x YES NO N/A PROPOSED MOTION: Move to approve Ordinance No. 1156 Updates to Chapter 5 and Chapter 13 of the Yelm Municipal Code KEY FACTS AND INFORMATION SUMMARY: 1.Section 5.20 a.Repeals this chapter due to chan ges in permitting requirements for off-site public events of this nature. b.Cleans up and streamlines out-of-date practices and codes. 2. Section 5.24 & 5.28 a.Repeals these chapters due to existing language in further chapters that address events of this nature. b.Allows for cleanup of unneeded sections and streamlining of overall code c.Chapter 5.37 better describes and outlines events of this nature. 3.Section 13.14.020 a.Adds language to eligibility requirement that a person must reside in the dwelling that is being served by the City?s utility. ATTACHMENTS: Ordinance No 1156 Yelm Municipal Code Title 5 BUSINESS LICENSES AND REGU LATIONS Tracked Changes and Final Copy Yelm Municipal Code 13.14.020 Final Copy Respectfully Submitted: __________________ Stephanie Nanavich Finance Director ORDINANCE NO. 1156 AN ORDINANCE OF THE CITY OF YELM, WASH INGTON, REPEALING CHAPTERS 5.20, 5.24, AND 5.28 OF THE YELM MUNICIPAL CODE; AMENDI NG YELM MUNICIPAL CODE SECTION 13.14.020 RELATING TO UTILITY RATE-REDUCTION ELIG IBILITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.WHEREAS, the City of Yelm is cons tantly evolving, and the municipal code needs to be upda ted to reflect changes; and WHEREAS, the City of Yelm does monitor and pe rmit certain public events, celebrations, and activities. WHEREAS, the City of Yelm does understand that as times change, some events held off-site do not need to be mo nitored or permitted through the permit process by the City of Yelm. WHEREAS, the City of Yelm has added additional se ctions to the Yelm Municipal Code to better streamline and manage events held on-site. WHEREAS, the City offers rate reduction for Water and Sewer customers that meet eligibility requirements, including residing in th e dwelling that is being served by the City?s utility. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YELM AS FOLLOWS: Section 1. Repeal. Title 5.20, 5.24 & 5.28 of the Ye lm Municipal Code are hereby repealed in their entirety, as depicted in the attached Exhibit A. Section 2. Amendment of YMC 13.14.020. Section 13.14.020 of th e Yelm Municipal Code, entitled ?Rate reduction ? Eligibility,? is hereby amended to read as follows: 13.14.020 Rate reduction ? Eligibility. A. To be eligible for the water service charge reduction in this chapter, a subscriber shall: 1.Be a single person, 65 years of age or older, re siding in a dwelling unit served directly by the City?s utility, either as owner, purchaser, or renter, and whose income from all sources whatsoever does not exceed the median in come as established in this section; 2.Be a couple where one partner is 65 years of age or older, residing in a dwelling unit served directly by the City?s utility, either as owne r, purchaser, or renter, whose income from all sources whatsoever combined with the income of the partners does not exceed the median income as established in this section; or 3.Be a permanently disabled head of household, re siding in a dwelling unit served directly by the City?s utility, either as owner, purchaser, or renter, whose inco me from all sources whatsoever does not exceed the median in come as established in this section. 4.No person may claim a rate reducti on for more than one property. B. Median income is the most current T hurston County very low-income figures as established by the U.S. Department of Housing and Urban Development. C. ?Income from all sources whatsoever? includes all earnings, investment income such as dividends and interest, capital gains, benefits, social security benefits, pensions, disability payments, retirement pay, and annuities, but does not include reimbursement for losses. Section 3. Severability. If any section, sentence, clause, or phra se of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of an y other section, sentence, clause, or phrase of this ordinance. Section 4. Corrections. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, in cluding the correction of clerical errors; references to other local, state, or federal la ws, codes, rules, or regula tions; ordinance numbering and section/subsection numbering; a nd any necessary corrections to refe rences within this ordinance. Section 5. Publication. This ordinance, or a summary thereof consisting of its title, shall be published in the official newspaper of the City. Section 6. Effective Date. This or dinance shall take effect and be in full force five days after publication as provided by law. Adopted by the Yelm City Council at the regular meeting on this 8 th day of September 2026. Joe DePinto, Mayor APPROVED AS TO FORM: Brent Dille, City Attorney ATTEST: Kathy Linnemeyer, City Clerk PUBLISHED: EFFECTIVE DATE City of Yelm, WA § 5.20.010 BUSINESS LICENSES AND REGULATIONS § 5.20.030 CHAPTER 5.20 PUBLIC AND TEENAGE DANCES Repealed by Ordinance 1156 § 5.20.010. Definitions. For the purpose of th is chapter certain words and terms are defined as follows: Formatted: Normal, Space Before: 0 pt A."Public dance" means any dance or ball to which the public generally may gain admission, with or without the payment of an admission fee, except those conducted regularly and covered under a cabaret license issued pursuant to Chapter 5.12 YMC. B."Sponsor" or "sponsoring group" means any one or more of the following: 1.Duly accredited public or parochial schools; 2.Governmental agencies, entities, or political subdivisions; and 3.Bona fide clubs, dancehalls, fraternal orders, societies, organizations or groups of persons organized and existing for or devoted primarily to the purposes of promoting and carrying on youth activities and recrea tional and dancing facilities; provided, that such club, dancehall, order, society, group or organization has been regularly and duly organized and actively in existence at le ast one year prior to the time of any application for a permit for a dance. C."Teenage dance" means any dance or ball to which persons under 18 years of age may gain admission with or without payment of admission fees. (Ord. 213 § 4(G)(1), 1977) § 5.20.020. Permit for public adult or teenage dance required ? Exception. Formatted: Indent: Left: 0" It is unlawful to conduct or sponsor any public adult or teenage dance in the city without first Formatted: Normal, Right: 0", Space Before: 0 pt, Line obtaining a written permit to do so as required in th is chapter; and except in full compliance with all the conditions and provisions herein provided for; provided, however, that such permit shall not be spacing: single required for teenage dances sponsored by public or parochial schools. (Ord. 213 § 4(G)(4), 1977) Formatted: Right: 0.12", Space Before: 9.35 pt, Line spacing: Multiple 1.03 li § 5.20.030. Permit ? Issuance authorized ? Conditions. Formatted: Justified, Indent: Left: 0.75", Space Before: A.A permit for a public dance shall be issued by the city clerk/treasurer and only to a sponsor or a 0 pt, Line spacing: Exactly 12.55 pt sponsoring group. Such permit shall be issued unless the city clerk/treasurer reasonably determines that the proposed dance will unduly interfere with another lawful ac tivity or, upon investigation Formatted: Indent: Left: 0" and advice from the city, that allowing such dance to be conducted under the circumstances and manner described in the application creates undue risk that: 1.Fighting, rioting or other public disorders are likely to occur; or 2.Illegal use of drugs or alcohol is likely to occur; or 3.The safety of the public or participants will otherwise be imperiled; or 4.Other serious disruptions will be likely to occur. B.The permit may be conditioned so as to confin e the dance to an enclosed dancehall or other building if warranted by any of the above considerations. Any denial under this section Downloaded from https://ecode360.com/YE4701 on 2025-11-13 City of Yelm, WA § 5.20.030 YELM CODE § 5.20.080 may be appealed by the applicant to the city counci l, which may approve, co ndition or deny the permit Formatted: Indent: Left: 0" application, based on the above considerations. (Ord. 213 § 4(G)(5), 1977) Formatted: Left, Indent: Left: 0.71", Right: 0.49", Line spacing: Multiple 1.03 li § 5.20.040. Permit ? Application requirements. A.The application for a permit shall be accompan ied by adequate proof that the place or Formatted: Indent: Left: 0" premises where the dance is to be held has a valid pu blic dancehall license, or is not required to have such a license but conforms with a ll the safety regulations establishe d by law, and must be filed with the city clerk/treasurer at least 10 days prior to an y dance. The application or permit shall set forth therein the following minimum information: 1.The name and address of the applicant's officers; 2.The date upon which the dance is to be held; 3.The address of the place where the dance is to be held; 4.The approximate attendance expected; 5.The minimum number of adult supervisors who will be in attendance at all times during the holding of said dance, and the names and addresses of such adults. B.If the application is approved, the permit for such a dance will then be issued by the city clerk/treasurer. A copy of the permit so issued shall forthwith be filed with the city clerk/ treasurer. (Ord. 213 § 4(G)(6), 1977) § 5.20.050. Permit ? Filing fee. Formatted: Indent: Left: 0" The filing fee for a public adult or teenage dance shall be in the amount of $5.00. (Ord. 213 § 4(G)(8), Formatted: Normal, Right: 0", Space Before: 0.05 pt, 1977) Line spacing: single Formatted: Indent: Left: 0.38", Right: 1.18", Space § 5.20.060. Permit ? Not transferable. Before: 9.35 pt, Line spacing: Multiple 1.03 li No permit granted pursuant to this chapter shall be transferable, nor shall any public dance or teenage dance be conducted at any other place than that specified in the permit therefor. Formatted: Indent: Left: 0" Formatted: Normal, Right: 0", Space Before: 0 pt, Line (Ord. 213 § 4(G)(9), 1977) spacing: single Formatted: Left, Right: 0.49", Space Before: 9.35 pt, § 5.20.070. Public dance ? Employee restrictions. Line spacing: Multiple 1.03 li No person afflicted with any contag ious or infectious disease shall be employed in or knowingly be permitted to take part in any place where a public dance is carried on, and no person under the age of 18 Formatted: Indent: Left: 0" years shall be employed in any such establishment, except that such age prohibition shall not apply to Formatted: Normal, Left, Right: 0", Space Before: 0 pt, any person employed as an entertainer or a musician at such dance. Line spacing: single (Ord. 213 § 4(G)(3), 1977) Formatted: Right: 0.5", Space Before: 9.35 pt, Line spacing: Multiple 1.03 li § 5.20.080. Public dance ? Persons under 18 restricted. Formatted: Justified, Indent: Left: 0.38", Space Before: No person under the age of 18 years shall take part in or knowingly be permitted to take part in any 0 pt, Line spacing: Exactly 12.55 pt public dance unless such person be accompanied by a parent or legal guardian. Any person under the age of 18 who shall by affirmative misrepresentation of age obtain admission to or Formatted: Indent: Left: 0" Formatted: Normal, Left, Right: 0", Space Before: 0.05 pt, Line spacing: single Downloaded from https://ecode360.com/YE4701 on 2025-11-13 City of Yelm, WA § 5.20.080 BUSINESS LICENSES AND REGULATIONS § 5.20.130 permission to remain in any public dance shall be gu ilty of a violation of this chapter. (Ord. 213 § Formatted: Indent: Left: 0" 4(G)(2), 1977) Formatted: Indent: Left: 0.75", Right: 0.49", Space § 5.20.090. Teenage dance ? Misstatement in permit application prohibited. Before: 0 pt, Line spacing: Multiple 1.03 li No applicant for a permit for a teenage dance sh all knowingly make any material misstatement in the application for the permit. Formatted: Indent: Left: 0" Formatted: Normal, Right: 0", Space Before: 0 pt, Line (Ord. 213 § 4(G)(7)(a), 1977) spacing: single Formatted: Left, Right: 0.1", Space Before: 9.35 pt, Line § 5.20.100. Teenage dance ? Adult supervision provided by sponsor required. spacing: Multiple 1.03 li Sufficient adult supervision shall be provided by the sponsor at all teenage dances to insure that accepted standards of social conduct are followed. Formatted: Indent: Left: 0" Formatted: Normal, Space Before: 0 pt, Line spacing: (Ord. 213 § 4(G)(7)(c), 1977) single Formatted: Left, Space Before: 9.35 pt, Line spacing: § 5.20.110. Teenage dance ? Age restriction on participation. No person of the age of 20 years or more, and no person under the age of 15 years shall attend Multiple 1.03 li any teenage dance as a participant. This does not prohibit the attendance of chaperones and Formatted: Justified, Indent: Left: 0.75", Space Before: parents or other sponsors who do not participate in the dancing, nor does it prohibit persons 0 pt, Line spacing: Exactly 12.6 pt employed as entertainers or musicians at such dances. Any person of the age of 20 years or more Formatted: Indent: Left: 0" or under the age of 15 years who shall, by affirmative misrepresentation of age, obtain admission Formatted: Normal, Right: 0", Space Before: 0 pt, Line to or permission to remain in any teenage dance shall be guilty of a violation of this chapter. (Ord. 213 § 4(G)(7)(e), 1977) spacing: single Formatted: Indent: Left: 0.75", Right: 0.1", Space § 5.20.120. Teenage dance ? Alcoholic beverage prohibited. Before: 9.35 pt, Line spacing: Multiple 1.03 li No alcoholic beverage shall be sold, consumed or be available on the premises in or about which any teenage dance is held. Admission to a teenage dance shall be denied to any person showing Formatted: Indent: Left: 0" Formatted: Normal, Space Before: 0 pt, Line spacing: evidence of drinking any alcoholic beverage or who has any alcoholic beverage on his person. (Ord. 213 § 4(G)(7)(b), 1977) single Formatted: Indent: Left: 0.75", Space Before: 9.35 pt, § 5.20.130. Teenage dance ? Dancing after midnight prohibited ? Exception. Line spacing: Multiple 1.03 li No dancing at any teenage dance shall be permitted after the hour of 12:00 midnight unless the permit issued for that da nce specifically authorizes the continuance for a later hour. Formatted: Indent: Left: 0" Authorization to continue dancing after the hour of 12:00 midnight may be approved within the Formatted: Normal, Left, Right: 0", Space Before: 0 pt, discretion of the city clerk/treasurer. Line spacing: single (Ord. 213 § 4(G)(7)(d), 1977) Formatted: Right: 0.12", Space Before: 9.35 pt, Line spacing: Multiple 1.03 li Downloaded from https://ecode360.com/YE4701 on 2025-11-13 City of Yelm, WA § 5.24.010 BUSINESS LICENSES AND REGULATIONS § 5.24.050 CHAPTER 5.24 PUBLIC PARADES AND DEMONSTRATIONS Repealed by Ordinance 1156 § 5.24.010. Use of streets prohibited ? Exception. It is unlawful for any person to use the public streets of the city for marching in parades or for public demonstrations unless provisions of th is chapter have first been complied with. (Ord. 213 § 4(F)(1), 1977) § 5.24.020. Notice of intention to conduct parade ? Required when ? Contents. Whenever any persons plan to have any procession or parade through the streets of the city, which procession or parade consists of 50 or more persons on foot or in vehicles, the persons or person who will have charge, supervision, management or direction of such procession or parade shall, not less than 48 hours prior to the proposed starting time for such parade or procession, notify the mayor or the police chief in writing of the intention to conduct such parade or procession, which notice shall be in writing signed by the person or persons who will be responsible for the conduct of such parade or procession, and which notice in writing shall specify the place within the city where such parade or procession will commence its march and the proposed route, giving the street names, the approximate time expected to be consumed in such parade or procession and the approximate number of automobiles or other vehicles expected to take part in such parade or procession. (Ord. 213 § 4(F)(2), 1977; Ord. 573 § 2, 1996) § 5.24.030. Permit ? Issuance conditions. On receipt of such written notice, the mayor or the police chief sh all issue a permit to the person or persons signing the notice, authorizing such parade or procession; provided, however, that if in the judgment of the mayor or police chief a parade or procession of the size indicated at the time indicated and along the route indicated will un duly interfere with or endanger traffic within the city, the mayor or police chief may designate in such permit a reasonable alternative time or route on which such parade may proceed and it is unlawful to conduct a parade except at the times and on the routes so designated in such permit. (Ord. 213 § 4(F)(3), 1977; Ord. 573 § 2, 1996) § 5.24.040. Permit ? Appeal to council. The applicant may appeal to city council if he feels the conditions are unreasonable. The city council may modify or delete such conditions as it sees fit. (Ord. 213 § 4(F)(4), 1977) § 5.24.050. Military parades exempt. This chapter shall not apply to any parades or processions conducted by the military or naval forces of the United States or the militia of the state of Washington. (Ord. 213 § 4(F)(5), 1977) Downloaded from https://ecode360.com/YE4701 on 2025-11-13 City of Yelm, WA § 5.28.010 BUSINESS LICENSES AND REGULATIONS § 5.28.010 CHAPTER 5.28 CIRCUSES AND CARNIVALS Repealed by Ordinance 1156 § 5.28.010. Traveling carnival and similar amusements ? Permit required. It is unlawful for any traveling carnival or aggregation of sideshows, doll racks, cane racks or other similar amusement devices to exhibit, show or operate within the city, unless granted a permit by the city. (Ord. 213 § 13(A), 1977) Downloaded from https://ecode360.com/YE4701 on 2025-11-13 Meeting Date: _____________ CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington AGENDA ITEM: ORDINANCE 1157 2025-2026 BIENNIAL BUDGET AMENDMENT COMMITTEE REVIEW: Committee reviewed on 9/8/2026 COMMITTEE: Finance Committee, David Johnstone (Chair), Stephanie Kangiser, Griselda Arias ATTORNEY REVIEW/APPROVAL: X YES NO N/A PROPOSED MOTION: Motion to adopt Ordinance amending the 2025-2026 Biennial Budget KEY FACTS AND INFORMATION SUMMARY: The amendment includes new items that wer e not known at the time of the budget adoption, project carryovers that were not complete d by the end of 2025, and housekeeping items from the biennial budget process. This ordinance also creates a new construction fund, to be named Fund 305 Master Planned Community (MPC) Changes for the fiscal year 2026 are as follows (no change to the fiscal year 2025): 1 | Page Meeting Date: _____________ CITY COUNCIL AGENDA ITEM SUMMARY City of Yelm, Washington ATTACHMENTS: Ordinance 1157 Respectfully Submitted: Stephanie Nanavich, Finance Director 2 | Page ORDINANCE 1157 AN ORDINANCE OF THE CITY OF YELM AMENDING ORDINANCE NO. 1127 WHICH 202 5/202 6, AND APPROVING AN ORDINANCE SUMMARY FOR PUBLICATION. WHEREAS, on November 26, 2024, the City Council of the City of Yelm adopted Ordinance No 1127 which adopted the 2025-2026 biennial budget of the City of Yelm; and WHEREAS, on March 11, 2025, the City Council of the City of Yelm Adopted Ordinance No. 1129 amending the 2025-2026 biennial budget; and, WHEREAS, on June 10, 2025, the City Council of the City of Yelm Adopted Ordinance No. 1132 amending the 2025-2026 biennial budget; and, WHEREAS, on November 25, 2025, the City Council of the City of Yelm Adopted Ordinance No. 1137 amending the 2025-2026 mid-biennium budget; and, WHEREAS, on April 14, 202 6, the City Council of the City of Yelm Adopted Ordinance No. 11 44 amending the 2025-2026 biennial budget; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YELM AS FOLLOWS: Section 1. The biennial budget for the City of Yelm for the years 202 5/202 6, Ordinance No. 11 2 7 been and now is on file with the office of the City Clerk, by this reference is hereby incorporated herein as if set forth in full and said final biennial budget shall be and the same is hereby adopted in full. Section 2. A new fund is created, Fund 305 Master Planned Community (MPC) Fund, to track the revenues and expenditures related to the development of the city-owned 640 Acre parcel into an MPC. The beginning cash will be a transfer from the Municipal Building Fund (302). Section 3. Attached hereto and identified as Exhibit A, in summary form, are the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all such funds combined in the first year of the 202 5/202 6 biennial budget, and by this reference said Exhibit A is incorporated herein as it set forth in full. Section 4.Adopted by the Yelm City Council at the regular meeting this 8 th day of September 2026. ____________________________ Joe DePinto, Mayor APPROVED AS TO FORM: ____________________________ B rent Dille, City Attorney ATTEST: _____________________________ Kathy Linnemeyer, City Clerk PUBLISHED: EFFECTIVE DATE: Fiscal Year 2026 Adjusted Amended Amended Beg. Fund Amended Total Amended End. Fund FUND Balance+Revenues=Resources-Expenditures=Balance General Fund City of Yelm General Fund (001) 4,363,705 9,999,669 14,363,374 10,571,592 3,791,781 Total for General Fund 4,363,705 9,999,669 14,363,374 10,571,592 3,791,781 Utility Enterprise Funds Stormwater Enterprise Fund (400) 941,528 444,808 1,386,336 665,377 720,959 Water Enterprise Fund (401) 4,149,189 4,403,580 8,552,769 3,193,777 5,358,993 Wastewater Enterprise Fund (412) 2,468,721 4,333,130 6,801,851 4,430,164 2,371,686 Total for Enterprise Funds 7,559,438 9,181,518 16,740,956 8,289,318 8,451,638 Special Purpose Funds - - City Streets (101) 119,744 681,851 801,595 696,948 104,647 Tourism Promotion (107) 336,126 25,755 361,881 95,400 266,481 Affordable Housing (112) 7,069 25,250 32,319 25,000 7,319 Transportation Facilities (120) 1,288,486 89,132 1,377,618 1,000,000 377,618 Total Special Purpose Funds 1,751,425 821,988 2,573,413 1,817,348 756,066 ER&R Funds - - IT Services ER&R (501) 470,604 732,135 1,202,739 745,670 457,069 Capital Equipment ER&R (502) 1,176,717 740,964 1,917,681 1,031,502 886,179 Total ER&R Funds 1,647,321 1,473,099 3,120,420 1,777,172 1,343,248 Capital Projects Funds - - Municipal Building Projects (302) 1,447,311 2,091,525 3,538,836 1,975,000 1,563,836 MPC Fund (305) - 100,000 100,000 100,000 - Road & Street Construction (316) 1,877,799 5,964,100 7,841,899 5,650,000 2,191,899 Water Improvements (404) 1,706,297 1,205,020 2,911,317 2,415,000 496,317 Sewer/Reuse Improvements (413) 1,211,536 2,581,010 3,792,546 3,760,000 32,546 Total Capital Projects Funds 6,242,942 1 1,9 4 1,6 5 5 18,184,597 13,900,000 4,284,597 Debt Service Funds - - - LTGO Bond Fund (200) 45,946 133,266 179,211 133,313 45,899 Sewer Debt Service (203) 122,640 173,279 295,919 173,026 122,893 Sewer Debt Service Reserve (204) 485,192 505 485,697 - 485,697 Water Revenue Bond Debt Service (405) 589,354 535,053 1,124,406 535,100 589,306 Water Debt Service Reserve (406) 594,548 - 594,548 - 594,548 Sewer Bond Debt Service and Reserve (415) 244,944 303 245,247 - 245,247 Total Debt Service Funds 2,082,624 842,405 2,925,029 841,439 2,083,590 Reserve Funds - - - Cumulative Reserve (104) 511,388 505 511,893 - 511,893 Deposits & Retainage (119) 160 - 160 - 160 U t i l i t y C o n s u m e r D e p o s i t s (4 0 2) 102,930 5,050 107,980 5,000 102,980 Total Reserve Funds 614,478 5,555 620,033 5,000 615,033 Totals 24,261,932 34,265,888 58,527,821 37,201,868 21,325,953