Agenda DISCUSSION ITEMS

CITY OF SNOQUALMIE Parks & Public Works Council Committee Tuesday, July 16, 2019 5:00 PM City Hall Council Chambers 38624 SE River Street Snoqualmie, WA 98065

This is an Open Public Meeting. Please call 425-831-4919 for additional information

Committee Members: Sean Sundwall – Chairperson [email protected] Bryan Holloway – Member [email protected] Matt Laase – Member [email protected]

Staff Attendees: Matt Larson – Mayor [email protected] Ben Yazici -- Consultant [email protected] Mark Hofman – Community Development Director [email protected] Bob Larson – City Administrator [email protected] Bob Sterbank – City Attorney [email protected] Todd Saxberg – Utilities Operations Manager [email protected] Brian Krause – Maintenance Operations Manager [email protected] Blaise Ungerman – CIP Manager [email protected] Jeff Hamlin – Project Engineer [email protected] Joan Quade – Administrative Assistant, Parks and Public Works [email protected] Brian Coleman – Project Engineer [email protected] Larry White – Parks Superintendent [email protected] Joan Pliego – Communications Coordinator [email protected]

CALL TO ORDER • Citizen Comments & Request for Items Not on the Agenda DISCUSSION ITEMS

• Vehicle Purchases -- Ben Yazici • 2019 Deconstruction and Demolitions

NEW BUSINESS --

• AB19-081 Resolution 1502 Determining the Lowest Responsible, Responsive Bidder, Awarding to and Authorizing Execution of a Public Works Contract with Green Slate Landscaping, Inc. for the Koinonia Park Improvement Project (page 000002)

UPCOMING ITEMS – Parks and Public Works Staff ADJOURNMENT

000001 000002 000003 RESOLUTION NO. 1502

A RESOLUTION OF THE CITY COUNCIL OF CITY OF SNOQUALMIE, WASHINGTON DETERMINING THE LOWEST RESPONSIBLE, RESPONSIVE BIDDER, AWARDING TO AND AUTHORIZING EXECUTION OF A PURLIC WORKS CONTRACT WITH GREEN SLATE LANDSCAPING, INC. FOR THE KOINONIA PARK IMPROVEMENT PROJECT

WHEREAS, in April, 2018, the Snoqualmie City Council authorized the City’s

consultant, Bruce Dees and Associates, to advertise the Koinonia Park Improvement Project

(‘the Project”) for public bid; and

WHEREAS, the City received no responsive bids; and

WHEREAS, in December, 2018, the project was advertised for a second time; and

WHEREAS, the City received four (4) bids, all of which exceeded the then-available

Project budget; and

WHEREAS, thereafter, City staff worked with Bruce Dees and Associates to redesign the Project to increase the likelihood that bids on the Project would fit within the Project budget; and

WHEREAS, in June, 2019 redesigned Koinonia Park Improvement Project was advertised for public bid using the Builder’s Exchange of Washington, the Seattle Times and

the Medium Newspaper; and

WHEREAS, the City sought bids for a “base bid” Project along with three (3)

alternate design proposals;

WHEREAS, the City received five (5) responsive bids; and

Res. No. 1502 Page 1 of 7 000004 WHEREAS, one bidder, Rocky Bay Construction, withdrew its bid, leaving the City with four (4) responsive bids; and

WHEREAS, the bid proposal submitted by Green Slate Landscaping Inc., in the following amounts $155,714.49 (Base Bid), $65,948.36 (Alternate 1), $41,702.24 (Alternate

2) and $67,054.00 (Alternate 3), totaling $340,419.09 excluding Washington State Sales

Tax), was the lowest responsive and responsible bid for the Base bid plus Alternates 1-3; and

WHEREAS, City staff have checked references and otherwise determined that Green

Slate Landscaping Inc., meets the mandatory bidder responsibility criteria specified in RCW

39.04.350(1) and any applicable supplemental bidder responsibility criteria adopted by the

City of Snoqualmie;

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF

THE CITY OF SNOQUALMIE AS FOLLOWS:

Section 1. Determination of Lowest Responsive, Responsible Bidder.

Based on the foregoing recitals, which are hereby incorporated as findings of fact,

Green Slate Landscaping Inc., is the lowest responsive, responsible bidder for the Koinonia

Park Improvements, base bid plus Alternates 1-3.

Section 2. Award of Public Works Contract. The contract for the Koinonia Park

Improvements, base bid plus Alternates 1-3, is hereby awarded to Green Slate Landscaping

Inc., in accordance with its bid proposal.

Res. No. 1502 Page 2 of 7 000005 Section 3. Authorization for Contract Execution. The Mayor is authorized to execute a public works contract with Green Slate Landscaping Inc. in substantially the form attached hereto as Exhibit A.

PASSED by the City Council of the City of Snoqualmie, Washington, this day of ,

2019.

Mathew Larson, Mayor Attest:

Jodi Warren, MMC City Clerk

Approved as to form:

Bob C. Sterbank, City Attorney

Res. No. 1502 Page 3 of 7 000006

Exhibit A

PUBLIC WORKS CONTRACT KOINONIA PARK IMPROVEMENTS

This Contract, made and entered into this 22nd day of July, 2019 by and between City of Snoqualmie "City" and Green Slate Landscaping hereinafter called the "Contractor.”

In consideration of the terms and conditions contained herein and attached and made a part of this Contract, the parties hereto covenant and agree as follows:

1. The Contractor shall do all of the work and furnish all of the labor, materials, tools and equipment for the construction of the improvements and shall perform any changes in the work (the “Work”), all in full compliance with the contract documents entitled: “KOINONIA PARK IMPROVEMENTS, CDBG Project Number #C17513, dated May 23, 2019” (“Contract Documents”). The “Contract Documents include, without limitation, the “Instructions to Bidders” (Section 00 01 00), the "Form of Bid” (Section 00 03 00), the "General Terms and Conditions” (Section 00 07 00) as modified by Addendum No. 1 issued June 20, 2019, the “Supplemental Terms and Conditions” (Section 00 08 00),” and the "Specifications” and “Drawings” sections contained in the Koinonia Park Improvements Contract Documents.

2. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to furnish the labor, materials, tools and equipment, and to do and cause to be done the above-described Work, and to complete and finish the same in accordance with the said contract documents and the terms and conditions herein contained, and hereby contracts to pay for the same, according to the said documents and at the unit and lump sum prices stated in the Form of Bid, the sum of Three Hundred Forty Thousand Four Hundred Nineteen Dollars and nine cents ($340,419.09) excluding Washington State Sales Tax, subject to the actual quantity of Work performed, at the time and in the manner and upon the conditions provided for in this contract.

3. The Contractor hereby promises and agrees to diligently prosecute and obtain Substantial Completion of the Work within 90 calendar days (the “Contract Time”), and to obtain Physical Completion and Final Acceptance of the Work within the time and as specified in the Contract Documents. The Contractor agrees that Liquidated Damages shall be assessed in the amount of $403.00 per day for any failure to complete the Work within the Contract Time, for any failure to meet a Contract Milestone, and for any failure to achieve Physical Completion and Final Acceptance within the time and as required in the Contract Documents.

4. The Contractor for himself, and for his agents, successors, assigns, subcontractors and/or employees, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.

5. The City hereby appoints and the Contractor hereby accepts the Mayor as the City's representative for the purpose of administering the provisions of this Contract, including the City's right to receive and act on all reports and documents related to this Contract, to request and receive additional information from the Contractor.

Res. No. 1502 Page 4 of 7 000007 6. This Contract contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Contract.

7. The Contractor agrees to comply with all applicable Federal, State, City or municipal standards for the licensing, certification, operation of facilities and programs, and accreditation and licensing of individuals.

8. The Contractor shall not assign or subcontract any portion of the work provided for under the terms of this Contract without obtaining prior written approval of the City. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to this Contract.

9. The parties intend that an independent Contractor-City relationship will be created by this Contract. The City is interested only in the results to be achieved, and the implementation of the work will lie solely with the Contractor. No agent, employee, servant, or representative of the Contractor shall be deemed to be an employee, agent, servant, or representative of the City for any purpose. Employees of the Contractor are not entitled to any of the benefits the City provides for City employees. The Contractor will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this Contract. In the performance of the work herein contemplated, the Contractor is an independent Contractor with regard to the performance of the details of the work; however, the components of and the results of the work contemplated herein must meet the approval of the City and shall be subject to the general rights of inspection and review to secure the satisfactory completion thereof.

10. The Contractor agrees and covenants to indemnify, defend, and save harmless, the City and those persons who were, now are, or shall be duly elected or appointed officials or employees thereof, hereinafter referred to as the "City" against and from any loss, damage, costs, charge, expense, liability, claims, demands or judgments, of whatsoever kind or nature, whether to persons or to property, arising wholly or partially out of any act, action, neglect, omission, or default on the part of the Contractor, his agents, successors, assignees, subcontractors and/or employees, except only such injury or damage as shall have been caused by or resulted from the sole negligence of the City. In case any suit or cause of action shall be brought against the City on account of any act, action, neglect, omission, or default on the part of the Contractor, his agents, successors, assignees, subcontractors and/or employees the Contractor hereby agrees and covenants to assume the defense thereof and to pay any and all costs, charges, attorney's fees and other expenses and any and all judgments that may be incurred or obtained against the City.

In the event the City is required to institute legal action and/or participate in the legal action to enforce this Indemnification and Hold Harmless Clause, the Contractor agrees to pay the City's legal fees, costs and disbursements incurred in establishing the right to indemnification.

Res. No. 1502 Page 5 of 7 000008 agents for employees the indemnity provisions provided for in the preceding paragraphs of this specification shall be valid and enforceable only to the extent of the indemnitor's negligence.

The Contractor expressly waives, as respects the City only, all immunity and limitation on liability under any Industrial Insurance Act, including Title 51 RCW, or other workers compensation act, disability act, or other employees benefits of any act of any jurisdiction which would otherwise be applicable in the case of such a claim. BY INITIALING BELOW THE OWNER AND CONTRACTOR CERTIFY THE WAIVER OF IMMUNITY SPECIFIED BY THIS PROVISION WAS MUTUALLY NEGOTIATED.

______(initial) ______(initial) City Contractor

11. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is mutually understood and agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to interpretation and performance. Any action in law, suit and equity or judicial proceedings for the enforcement of this contract or any provisions thereof, shall be instituted and maintained in the courts of competent jurisdiction located in King County, Washington.

12. The failure of the City to insist upon strict performance of any of the covenants and agreements of this Contract or to exercise any option herein conferred in any one or more instances shall not be construed to be a waiver or relinquishment of any such obligation, or any other covenants or agreements, but the same shall be and remain in full force and effect.

13. It is understood and agreed by the parties hereto that if any part of this agreement is determined to be illegal, the validity of the remaining portions shall be construed as if the agreement did not contain the particular illegal part.

14. No change or addition to this Contract shall be valid or binding upon either party unless such change or addition shall be in writing, executed by both parties.

15. The Contractor shall fully comply with all applicable state and federal employment and discrimination laws and regulations.

IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and the Mayor has caused this instrument to be executed by and in the name of the said City, the day and year first above written.

CITY OF SNOQUALMIE:

Executed by the City of Snoqualmie this day of 20 by:

______Matthew R. Larson, Mayor

Approved by the City Council of the City of Snoqualmie pursuant to Agenda Bill No. 19-_____

Res. No. 1502 Page 6 of 7 000009 STATE OF WASHINGTON ss COUNTY OF KING

On this _____ day of July, 2019, before me personally appeared Matthew R. Larson, to me personally known to be the person described in and who executed the above instrument and who acknowledged to me the act of signing thereof.

E. Joann Warren Notary Public, in and for the State of Washington, residing at Maple Valley.

My commission expires: 9/15/2021

CONTRACTOR:

Executed by the Contractor this day of , 20 .

By: ______

Title:: ______

STATE OF WASHINGTON ss COUNTY OF KING

On this day of , 20 , before me personally appeared , to me personally known to be the person described in and who executed the above instrument and who acknowledged to me the act of signing thereof.

______Notary Public, in and for the State of Washington, residing at: ______

______My commission expires: ______

Res. No. 1502 Page 7 of 7 000010 000011 000012 000013 000014 000015 000016 000017 000018 000019 2019 Kononia Park Bid Tab July 2, 2019 11 AM Engineer's Estimate Harkness Construction Welwest Construction Hawk Valley Enterprise Rocky Bay Construction Green Slate Landscaping

Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 Base Bid LS 1 $240,000.00 $240,000.00 $174,200.00 $174,200.00 $245,500.00 $245,500.00 $212,300.00 $212,300.00 $109,000.00 $109,000.00 $155,714.49 $155,714.49 2 Alt. #1 - Play Equipment Group A LS 1 $55,000.00 $55,000.00 $64,850.00 $64,850.00 $44,000.00 $44,000.00 $63,500.00 $63,500.00 $65,000.00 $65,000.00 $65,948.36 $65,948.36 3 Alt. #2 - Play Equipment Group B LS 1 $30,000.00 $30,000.00 $35,100.00 $35,100.00 $24,000.00 $24,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $41,702.24 $41,702.24 Alt. #3 - Poured -In- Place Rubber Surfacing In Lieu of Engineered 4 Wood Fiber LS 1 $52,000.00 $52,000.00 $75,230.00 $75,230.00 $50,000.00 $50,000.00 $56,000.00 $56,000.00 $65,000.00 $65,000.00 $67,054.00 $67,054.00 5 Minor Changes LS 1 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 TOTAL $387,000.00 TOTAL $359.380.00 TOTAL $373,500.00 $377,450.00 $284,000.00 $340,419.09 Withdrew Bid Low Bid

000020

SPECIFICATIONS CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS Snoqualmie, Washington May 23, 2019

CDBG Project Number #C17513

Bid Set

000021 000022 CONTRACT DOCUMENTS

For

City of Snoqualmie Koinonia Park Improvements #C17513

IN SNOQUALMIE, WASHINGTON

Owner: City of Snoqualmie Contact: Larry White (425) 766-9027

Consultant: Bruce Dees & Associates [email protected] Contact: Bruce Dees (253) 627-7947 222 East 26th Street, Suite 202 Tacoma, WA 98421

PRE-BID CONFERENCE Date: June 18, 2019 Time: 10:00 AM Location: 34600 SE Gravenstein Court Snoqualmie, WA 98065 BID OPENING Date: June 25, 2019 Time: 11:00 AM Location: Snoqualmie City Hall Address: 38624 SE River St. Snoqualmie, WA 98065

Time of Completion 90 Calendar Days

000023 KOINONIA PARK IMPROVEMENTS

TABLE OF CONTENTS

DIVISON 0 – BIDDING / CONTRACT / GENERAL & SUPPLEMENTARY CONDITIONS 00 00 20 – Invitation to Bid 00 00 21 – Notice to Bidders 00 01 00 – Instructions to Bidders 00 01 30 – Prevailing Wage Rate Requirements 00 02 00 – Checklist of Bidding Forms 00 03 00 – Form of Bid 00 03 10 – Bid Bond 00 04 00 – Bidder Qualifications 00 04 20 – Performance and Payment Bond 00 04 30 – Insurance 00 05 00 – Contract 00 07 00 – General Terms and Conditions v2 Supplementary CDBG General Conditions (04/2016)

DIVISION 1 – GENERAL PROVISIONS 01110 – Summary of Work 01300 – Administrative Procedures 01310 – Project Management & Coordination 01330 – Submittal Procedures 01400 – Quality Requirements 01420 – References 01500 – Temporary Facilities and Controls 01600 – Product Requirements 01630 – Product Substitution Request 01770 – Closeout Procedures

DIVISION 2 – SITE CONSTRUCTION 02050 – Temporary Dust Control 02060 – Demolition 02100 – Temporary Erosion Control 02230 – Site Clearing 02300 – Earthwork 02620 – Subdrainage 02630 – Storm Drainage 02751 – Cast-in-Place Concrete 02790 – Poured-in-Place Playground Surfacing 02791 – Engineered Wood Fiber Playground Surfacing 02810 – Irrigation System 02871 – Playground Equipment 02910 – Soil Mixes & Placement 02920 – Sod 02930 – Planting

000024

DIVISON 0 – BIDDING / CONTRACT / GENERAL & SUPPLEMENTARY CONDITIONS 00 00 20 – Invitation to Bid 00 00 21 – Notice to Bidders 00 01 00 – Instructions to Bidders 00 01 30 – Prevailing Wage Rate Requirements 00 20 00 – Checklist of Bidding Forms 00 03 00 – Form of Bid 00 03 10 – Bid Bond 00 04 00 – Bidder Qualifications 00 04 20 – Performance and Payment Bond 00 04 30 – Insurance 00 05 00 – Contract 00 07 00 – General Terms and Conditions v2 Supplementary CDBG General Conditions (04/2016)

000025 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

SECTION 00 00 20

INVITATION TO BID

CITY OF SNOQUALMIE, WASHINGTON PUBLIC WORKS DEPARTMENT

BID DATE: TuesdayJune 25, 2019 (11:00 AM)

PROJECT: CDBG Project #C17513

ENGINEER'S ESTIMATE: $240,000.00, excluding WA state sales tax

NOTICE TO BIDDERS: Sealed bid proposals will be received in person by the Director of Parks & Public Works, City of Snoqualmie City Hall, 38624 SE River St., Snoqualmie, Washington 98065, (425) 888-1555 or via mail to the Director of Parks & Public Works at City of Snoqualmie City Hall, P.O. Box 987, Snoqualmie, Washington 98065 until 11:00 a.m. on Tuesday, the 25th day of June, 2019, for the construction of Playground at Koinonia Park, including excavation, demolition and removal of existing equipment, installation of drainage system, curbing, play equipment, poured-in-place safety surface for a complete Playground installation as shown on the plans and specifications. The said bids will then and there be opened and read aloud. Bidders and other properly interested parties are invited to be present at the bid opening. Bids received after the time fixed for opening cannot be considered.

This project is financed through the King County Consortium Community Development Block Grant Program with funds obtained from the U.S. Department of Housing and Urban Development. The contract will be subject to regulations of the Departments of Labor and Housing and Urban Development. Attention is called to Federal provisions for Equal Employment Opportunity, HUD Section 3 requirements, and the minimum wages as set forth in the contract documents.

There will be a pre-bid meeting held at 10:00 amon June 18, 2019 at the project site, 34600 SE Gravenstein Court, Snoqualmie, WA 98065.

Free-of-charge access to project bid documents (Plans, Specifications, Addenda, and Bidders List) is provided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on "Posted Projects", "Public Works", and "City of Snoqualmie". This online plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order full/partial plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is recommended that Bidders “Register” in order to receive automatic e-mail notification of future Addenda and to place themselves on the “Self-Registered Bidders List". Bidders that do not register will not be automatically notified of Addenda and will need to periodically check the on-line plan room for Addenda issued on this project. Contact Builders Exchange of Washington at (425) 258-1303 should you require assistance with access or registration.

Contract documents may also be examined, but not purchased at the following locations: Snoqualmie City Hall at above address.

00 00 20 - 1 Invitation to Bid 000026 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

The City may reject any bid not accompanied by bid security or data required by the bid documents. A bid bond in the amount of 5% of the bid proposal must be submitted with the bid proposal. Factors considered in award of the contract will include the Contractor’s experience and performance on previous contracts.

Special Requirements: All bidders must be licensed contractors registered in the State of Washington. All work performed on this project will be subject to federal prevailing wages rates and state prevailing wages. Snoqualmie is an Equal Opportunity and Affirmative Action Employer. Small, Minority-Owned, and Women-Owned business enterprises are encouraged to submit bids.

First Publication: June 11, 2019 - Seattle Times & The Seattle Medium Second Publication: June 18, 2019 – Seattle Times & The Seattle Medium

END OF SECTION 00 00 20

00 00 20 - 2 Invitation to Bid 000027 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

SECTION 00 00 21

NOTICE TO BIDDERS

All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier's check, or surety bond in an amount equal to five (5) percent of the amount of the Bid Proposal. Should the successful Bidder fail to enter into such contract and furnish satisfactory performance (contract) bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Snoqualmie.

City of Snoqualmie reserves the right to accept a proposal of the bidder submitting the lowest responsible and responsive bid, to reject any or all bids, republish the call for bids, revise or cancel the work to be performed, or do the work otherwise, if the best interest of City of Snoqualmie is served thereby. City of Snoqualmie also reserves the right to postpone the bid award for a period of thirty (30) calendar days after bid opening, except that upon mutual consent of the lowest, responsible bidder and City of Snoqualmie, the 30-calendar day limit may be extended to allow legislative approval of the bid award.

END OF SECTION 00 00 21

00 00 21 - 1 Notice to Bidders 000028 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

SECTION 00 01 00 INSTRUCTIONS TO BIDDERSSECTION 00 01 00

INSTRUCTIONS TO BIDDERS SECTION 1: GENERAL BIDDING CONSIDERATIONS 1.01 Examination of Contract Documents and Regulations A. Each Bidder shall thoroughly examine and be familiar with the Contract Documents including the terms and conditions, specifications, drawings, addenda (if any) and other requirements, which are contained in this solicitation package. B. Each Bidder has an obligation to notify the City of Snoqualmie (herein after also referred to as “City”), in writing and prior to bid opening, of any ambiguity or inconsistency in or between the Contract Documents. Failure to notify the City prior to bid opening of any such ambiguity or inconsistency the Bidder discovered or may have discovered may result in the waiver of any and all rights of the Bidder to claim additional time or compensation, if the City executes the Contract (i.e., the City signs the Agreement), relating to or arising from the ambiguity or inconsistency. C. The submittal of a bid shall constitute an acknowledgment upon which the City may rely that the Bidder has obtained, thoroughly examined, and is familiar with the Contract Documents and has reviewed and inspected all applicable federal, state and local statutes, ordinances and regulations relating to the work and all permits which have been applied for and/or issued pertaining to the work. D. The failure or neglect of a Bidder to obtain, receive, or examine any of the Contract Documents, statutes, ordinances, regulations and permits may in no way relieve the Bidder from any obligations with respect to its bid or to the Contract. No claim for additional compensation or time will be allowed which is based upon a lack of knowledge or misunderstanding of any of the Contract Documents, statutes, ordinances, regulations, permit requirements, or other materials referenced or incorporated herein. 1.02 Addenda & Clarification of Contract Documents A. No oral clarification or interpretations will be made to any Bidder as to the meaning of the Contract Documents. Requests for clarifications shall be made in writing (via e-mail, fax, or delivery) to the City’s Project Representative at least seven (5) working days before the bid opening date. Questions requiring a response are due no later than June 18, 2019 at 11:00 a.m. B. Clarifications by the City’s Project Representative will be in the form of addenda to the Contract Documents and when issued will be sent as promptly as is practicable to all planholders. All such addenda upon issuance by the City’s Project Representative are part of the Contract Documents and any subsequently executed Contract. Bidders shall not rely upon any oral statements or conversations, whether at the pre-bid conference or otherwise, they may have with City employees, agents, or representatives regarding the Contract Documents.

00 01 00 - 1 Instructions to Bidders 000029 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

C. Addenda will be issued through Builder's Exchange and distributed to currently registered planholders as delineated in Section 00 00 20 Invitation to Bid. 1.03 Inspection of Work Site A. Bidders shall carefully inspect and compare the work site and Contract Documents to satisfy themselves, by personal examination, physical testing or by such other means as they may prefer, of the location of the work, the actual physical conditions of the site, surface and subsurface conditions, and conditions ordinarily encountered and generally recognized as inherent in the work. Bidders shall obtain written permission from property owners prior to entering the sites and prior to conducting physical testing. If, during the course or as a result of such inspection, examination and testing, a Bidder finds facts or conditions which appear to conflict with the letter or spirit of the Contract Documents, or with any other data or material made available to the Bidder relating to the work, the Bidder shall promptly notify the City’s Project Representative in writing for additional information and clarification before submitting a bid. Failure to so notify the City prior to bid opening of any such facts or conditions shall result in a waiver of any and all rights of the Bidder to claim additional time or compensation, if the Contract is executed, relating to or arising from such facts or conditions. B. The submittal of a bid shall constitute the Bidder's acknowledgment, based on the Bidder’s own knowledge, examination, inspection and testing as well as review of the Contract Documents, and not on any representation or warranty of the City, that the Bidder has satisfied itself as to the following: (1) the quality, character and quantity of subsurface conditions materials or obstacles to be encountered insofar as this information is reasonably ascertainable from the inspection of the site and Contract Documents, (2) access to the site, (3) environmental factors and mitigation requirements, (4) all other data, matters and conditions requisite to the fulfillment of the work, (5) conditions ordinarily expected to be encountered or generally recognized as inherent in the work, (6) requirements imposed by easements and permits, and (7) existing and available services and utilities at and in the vicinity of the site of the work. No claim for additional compensation will be allowed which is based upon a misunderstanding or lack of knowledge, examination, inspection and/or testing of any of the above items by the Bidder. 1.04 Wages A. This Contract is subject to Chapters 39.12 and 49.28 RCW, amendments thereto and regulations issued thereunder, relating to prevailing wages, benefits and other requirements. Federal and State of Washington prevailing wage rates apply to this Contract. Bidders shall examine and be familiar with such requirements. No claim for additional compensation will be allowed which is based upon a lack of knowledge or a misunderstanding of any such requirements by the Contractor or a failure to include in the Bidder's bid price adequate increases in such wages during the performance of this Contract. Bidders must comply with the most current prevailing wage rates. 1.05 Progress and Completion A. Time is of the essence for this Contract. Progress and completion of the work shall comply with all requirements herein, and intermediate and final completion dates as may be set forth in the specifications. The submittal of a bid constitutes

00 01 00 - 2 Instructions to Bidders 000030 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

the Bidder's acknowledgment that such intermediate and final completion requirements have been taken into account in formulating its bid for this work. 1.06 Prevention of Environmental Pollution and Preservation of Public Natural Resources A. If a Contract is executed by the City, the Contractor shall fully comply with all such environmental protection laws, ordinances and regulations dealing with prevention of environmental pollution and the preservation of public natural resources that may be applicable to this Project. The cost of such compliance shall be included in the bid prices. B. No construction related activity shall contribute to the degradation of the environment, allow material to enter surface or ground waters, or allow particulate emissions to the atmosphere, which exceed state or Federal Standards. Any actions that potentially allow a discharge to State Waters must have prior approval of the State of Washington, Department of Ecology. Contractor shall be responsible for all costs, expenses and/or damage arising from any degradation of the environment caused by or resulting from any construction-related activity. 1.07 NotUsed 1.08 Non-Discrimination in Contracting A. The City encourages equal employment opportunities and an equal opportunity for all businesses to participate in providing goods and services to the City. 1.09 Recycled Products A. The Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract. If the cost of recycled is more than fifteen percent higher than the cost of non-recycled paper, the Contractor shall notify the City, who may waive the recycled paper requirement. B. The Contractor agrees to use both sides of paper sheets for copying and printing, and to use recycled/recyclable products wherever practical. 1.10 “OR EQUAL” Requests A. Except as provided in sub-paragraph C below, when product, material or equipment is specified by one or more patents, brand names, or catalog numbers proprietary name or name of manufacturer or any combination thereof, it shall be understood that this is for the purpose of defining the performance process, article desired or other salient requirements, and shall be deemed to be followed by the words "or equal," whether or not such words appear. Other products, materials or equipment, of equal or better capacities, quality and function, may be considered by the City’s Project Representative upon the Contractor's request for “or equal” determination. B. Bidders (not subcontractors, suppliers, or materialmen) may submit written requests for approval of an “or equal” determination during the bidding period. Requests must be submitted to the City’s Project Representative, identified in Section 00 00 20, not later than ten (10) days prior to the date of bid opening. Proposed “or equal” products, materials, or equipment not added to the technical specifications by addenda five (5) days before bids are due shall be considered having been rejected as not equal.

00 01 00 - 3 Instructions to Bidders 000031 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

C. Under no circumstances will a substitution be considered for an item which is identified as no equal, sole source, no substitutions and/or pre-qualified. D. Bidders must provide sufficient documentation to enable the City’s Project Representative to review the product documentation and determine if the products, materials, or equipment are “equal”. Bidder shall provide any additional documentation requested by the City’s Project Representative in a prompt and timely manner. 1.11 Planholder List Requests A. Updated planholder lists may be obtained by the following method: 1. On-line planholder list will be available for download at Builders Exchange of Washington ( www.bxwa.com ). SECTION 2: PREPARATION AND SUBMITTAL OF BIDS 2.01 General A. Bids shall be made on the forms listed in Section 00 02 00. The completed forms constituting the bid shall be enclosed in a sealed envelope addressed to City of Snoqualmie, PO Box 987, Snoqualmie, Washington, and labeled with the Contract Number, Contract Title, and the Bidder's name. The remainder of the Contract Documents do not have to be submitted. Bidders are warned against making erasures or alterations of any kind to the bid. Bids which contain omissions, erasures or irregularities of any kind may be rejected. Any qualification, addition, limitation or provision attached to or contained in a bid may render the bid non-responsive. No oral, facsimile, telegraphic or telephonic bids or modifications will be considered. B. All bids shall be signed by the Bidder, or the Bidder’s authorized representative. If the bid is made: 1. By an individual, the Bidder's name, signature, and address must be shown; 2. By a partnership or joint venture, it shall contain the names of each partner, the mailing address of the partnership or joint venture and shall be signed in the firm name, followed by the signature of the person signing, indicating that person's position in the partnership or joint venture; or 3. By a corporation, the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person who signs on behalf of the corporation must be shown. C. City is not responsible for any cost incurred in response to this Invitation to Bid. D. Upon request of the City, the Bidder shall provide copies of the articles of incorporation, bylaws, resolutions of board of directors, partnership papers, joint venture agreements, and any other documents evidencing the legal status of the Bidder and the authority of the Bidder’s officer or representative who signed the bid on behalf of the Bidder. E. Washington law requires the bidder to identify who will perform the HVAC, plumbing, or electrical work, even if HVAC, plumbing, or electrical work is not specified in the Contract or is incidental to the specified work. The Bidder shall list as part of its bid in the space provided either itself or the names of the subcontractors with the Bidder will subcontract for performance of the work 00 01 00 - 4 Instructions to Bidders 000032 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

of: HVAC (heating, ventilation, and air conditioning); plumbing as described in RCW 18.106; and electrical as described in RCW 19.28. If a first-tier subcontractor intends to use a lower tier subcontractor to perform the HVAC, plumbing, and electrical work, the Bidder need not identify the subtier- subcontractor, but rather must only identify the first-tier subcontractor whose scope of work includes the HVAC, plumbing, and electrical work. Failure to provide this information correctly shall render the bidder's bid nonresponsive and, therefore, void. 2.02 BidPrice A. The bid price shall include everything necessary for the prosecution and completion of the work and fulfillment of the Contract including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities and all management, superintendents, labor and services, and field design, except as may be provided otherwise in the Contract Documents. B. For bid items involving estimated quantities, if any, the bid price shall include such sums calculated by multiplying the unit price by the estimated quantity for that bid item. Estimated quantities, if any, set forth on the Form of Bid are estimates only, being given only as a basis for the comparison of bids and bid prices, and the City does not warrant, expressly or by implication, that the actual amount of Work will correspond to the estimated quantities. The City reserves the right to increase or decrease the amount of any class or portion of the Work and to make changes in the Work as the City may deem necessary or appropriate. The basis of payment for unit price bid items for which estimated quantities were set forth on the Form of Bid shall be the actual number of unit items provided or performed under this Contract. C. All prices shall be in legible figures written in ink or typed. Lump sum bid items and unit price bid items shall be stated in United States of America dollars and cents omitting digits more than two places to the right of the decimal point (e.g., $720.74). 2.03 Taxes – Retail Sales A. The Work to be performed under this Contract constitutes a “retail sale” as such term is defined in RCW 82.04.050, and the Contract Price is subject to the State of Washington and local agency retail sales taxes. However, Bidders shall not include such retail sales tax on the Contract Price in their bids. Such retail sales tax will be calculated on the total Contract Price and the City will add retail sales tax (state and local) on each progress payment and final payment to the Contractor for transmittal by the Contractor to the Washington State Department of Revenue or to the applicable local government. B. Other than state or local retail sales tax on the Contract Price as specified above and except as provided in subparagraph C of this paragraph 2.03, the Bidder shall include in the Bidder’s proposed price(s) all applicable taxes which the Contractor will be required to pay for the Work under this Contract. For example, the City will not add sales tax the Contractor pays on the purchase of tools, machinery, equipment or consumables not integrated into the Work. No adjustment will be made in the amount to be paid by the City under this Contract because of any misunderstanding by or lack of knowledge of the Bidder/Contractor as to liability for, or the amount of, any taxes for which the

00 01 00 - 5 Instructions to Bidders 000033 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

Bidder/Contractor is liable or responsible by or under this Contract or because of any increases in tax rates imposed by any federal, state or local governments. C. Retail sales/use taxes, if any, payable on equipment, materials and other items provided hereunder to the Contractor by the City shall not be included in the Bidder’s proposed prices. If taxes on such items are required to be paid, the City shall make such payment, either through the Contractor or directly to the Washington State Department of Revenue. 2.04 BidGuaranty A. The bid shall be accompanied by a bid deposit in the amount equal to at least 5% of the Total Bid Price. The bid deposit shall be in one of the following formats and made payable to CITY OF SNOQUALMIE: (1) a bid guaranty bond, using either the form provided in Section 00 03 10 or a form acceptable to the City which contains provisions substantially similar to those in Section 00 03 10, duly completed by a guaranty company authorized to carry on business in the state of Washington; or (2) a postal money order, a certified check, or cashier's check drawn upon a banking institution with a branch office in the state of Washington. The surety signing the bid guaranty bond shall be registered with the Washington State Insurance Commissioner, and the surety's name shall appear in the current Authorized Insurance Company List in the State of Washington published by the Office of the Insurance Commissioner. Failure to submit the required bid guaranty shall render the bid non-responsive and the bid shall be rejected. B. The amount payable to the City of Snoqualmie under the bid guaranty bond, or the certified or cashier's check or postal money order and the amount thereof, as the case may be, shall be forfeited to the City in case of a failure or neglect of the Bidder to furnish, execute and deliver to the City the required Performance and Payment Bond and evidences of insurance and to enter into, execute and deliver to the City the Contract on the form provided in the Contract Documents within ten (10) calendar days after being notified in writing by the City that the Bidder has been selected and the Contract is ready for execution by the Bidder. Forfeiture of the bid guarantee shall not limit the City’s right to recover damages from the Bidder caused by the Bidder’s failure to execute the Contract. C. The City will return bid guarantees of all bidders in accordance with Section 00 01 00 paragraph 4.04. 2.05 Acknowledgement of Addenda A. Each Bidder shall include on the Form of Bid in Section 00 03 00 specific acknowledgment of receipt of all addenda issued during the bidding period. SECTION 3: BID EVALUATION AND REJECTION 3.01 Opening and Postponement of Opening/Submission of Responsibility Evidence A. At the time and place set forth in the Invitation to Bid for the opening and reading of bids, each and every bid (except those which may have been properly withdrawn) received prior to the scheduled closing time for receipt of bids will be publicly opened and read aloud by the City, irrespective of any irregularities or informalities in such bid. The time and place set forth in the Invitation to Bid for opening and reading the bids may only be changed by addendum. B. The City reserves the right to postpone the date and time for opening of bids at any time prior to the opening of bids.

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C. The time clock located in the City’s front desk is the official bid clock for this solicitation. Timeliness of bid submittals will be determined using only this clock. D. As evidence that the Bidder meet the supplemental bidder responsibility criteria in Section 00 04 00, the apparent low Bidder (and, if requested by City, the next low apparent bidder) must submit documentation establishing compliance with such criteria within 48 hours of the bid submittal deadline. E. If the City determines the Bidder does not meet the supplemental bidder responsibility criteria and is therefore not a responsible Bidder, the City shall notify the Bidder in writing with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the determination within 48 hours of receipt of the City’s determination by presenting additional information to the City. The City will consider the additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the City will not execute a contract with any other Bidder until two business days after the Bidder determined to be not responsible has received the final determination. 3.02 Modification and Withdrawal of Bids A. Modifications or withdrawal of bids already received will be considered only if the requested modification or withdrawal is made prior to the scheduled closing time for the receipt of the bids. All modifications or withdrawals must be made in writing, over the signature of the Bidder. 3.03 Bid Extension A. The City reserves the right to request Bidders to grant an extension of the effective period of the bid. Such grant shall not be unreasonably withheld. 3.04 Bid Errors, Informalities and Immaterial Irregularities A. Prices set forth in the bid will be reviewed by the City for mathematical accuracy. B. The City, in its sole discretion, reserves the right to waive minor bid errors, informalities, and immaterial irregularities when it is in the City’s best interest. C. The City reserves the right to correct arithmetical errors and discrepancies between unit prices and extended amount and/or written words or numbers under the following circumstances: 1. The Bidder verifies the error and/or discrepancy; 2. Existence of the arithmetical error and/or discrepancy is ascertainable from the face of the bid; 3. The intended bid is ascertainable fromthe face of the bid; and 4. Correction of the arithmetical error and/or discrepancy does not result in displacement of a low Bidder. D. Where the bid is readily susceptible of being interpreted as offering either one of two prices shown on the face of the bid, one of which is low and the other is not, the bid must be rejected. If the evidence of the arithmetical error or discrepancy is clear and convincing the Bidder may be permitted to withdraw its bid. E. In the event a Bidder believes it made an error on its bid, the Bidder shall provide written notice of such claim. The Bidder shall provide to the City supporting evidence for such claim including cost breakdown sheets. The City reserves the 00 01 00 - 7 Instructions to Bidders 000035 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

right to require the submittal of other bid records or information as the City may deem necessary to evaluate the Bidder’s claim of error, or any error as may be identified by the City during its review of the bid. F. Any review by the City of a bid and/or any review of such a claim of bid error (including supporting evidence) creates no duty or liability on the City to discover any other bid error or mistake, and the sole liability for any bid error or mistake rests with the Bidder or Contractor. 3.05 Bid Evaluation and Results A. Bids will be evaluated by the City to determine which bid is the lowest, responsive bid by a responsible Bidder. B. Bid evaluation will include evaluation of bidder’s compliance with the supplemental bidder responsibility criteria in Section 00 04 00 as provided for in Section 00 01 00, Part 3.06 C. Within the period after the opening of bids stated in the Invitation to Bid, the City will either issue a Notice of Selection, reject all bids, or take such other action as may be in its best interest. A written notice of selection delivered to the Bidder in person, by US mail, UPS, email, or facsimile, will evidence the selection of the lowest responsive and responsible bid. D. Bid results will be posted on the City’s website, generally within 24 hours of bid submission. 3.06 Responsibility of Bidders A. In order to demonstrate bidder responsibility, after bids have been opened, certain Bidders will be required to submit responsibility information identified in Section 00 04 00. This information may be used to determine Bidder responsibility. Unless otherwise specified, 48 hours (excluding City holidays, Saturdays and Sundays) after the City requests submission of responsibility information, the Bidder shall promptly prepare, complete, and submit any requested information to the City. This period may be extended by the City. In the event a Bidder refuses to provide information identified in Section 00 04 00, or other information requested by the City, the Bidder's bid bond may be forfeited and the Bidder may be rejected as not responsible. B. The City in its sole discretion will determine whether the Bidder is responsible based on the mandatory and supplemental criteria identified in Section 00 04 00, and any information provided by the Bidder or acquired by the City. In the event the City finds the Bidder’s responsibility information lacking in any of these areas, the City may at its sole option provide the Bidder with a limited opportunity to correct the deficiency by providing additional project examples, proposing other project personnel, or taking other appropriate measures. C. The City reserves the right to investigate the qualifications of any Bidder, including but not limited to, contacting any reference or any third party to verify the Bidder is qualified to successfully complete the contemplated work. As a part of its investigation, the City further reserves the right to inspect records, reports, and other information to verify, clarify, or otherwise investigate the Bidder’s responsibility. The City reserves the right to require the Bidder to provide additional information as needed.

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3.07 Single Bid Received A. If the City receives a single responsive, responsible bid, the City shall have the right, in its sole discretion, to extend the bid acceptance period for an additional 45 days and to conduct a price or cost analysis on such bid. The Bidder shall promptly provide all cost or pricing data, documentation, and explanation requested by the City to assist in cost and price analysis. By conducting such analysis, the City shall not be obligated to accept the single bid; the City reserves the right to reject such bid or any portion thereof. B. By way of explanation but not as limitation, the terms "price analysis" and "cost analysis" are generally described as follows: (1) "price analysis" means the process of examining and evaluating a bid price without evaluating its separate cost elements and proposed profit; and (2) "cost analysis" means the review and evaluation of the separate cost elements and proposed profit of (a) the Bidder's cost or pricing data, and (b) the judgmental factors applied in projecting from the data to the estimated costs, in order to form an opinion on the degree to which the proposed costs represent what the contract should cost, assuming reasonable economy and efficiency. 3.08 Not Used 3.09 Rejection of Bids A. Bidders are advised that the City reserves the right to reject any and all bids at any time. The City also reserves the right to not execute the Contract even after the notice of selection has been issued. In submitting a bid, a Bidder acknowledges and agrees that it is not entitled to any compensation, costs, or damages relating to bid preparation or resulting from the City’s decision to cancel the procurement or refusal to execute a contract. B. The City may reject any bid, any portion of any bid or all bids for any reason including, but not limited to: any bid which contains any omission, erasure or irregularity; any bid which has any qualification, addition, limitation, or provision attached to or contained in the bid; any bid lacking necessary detail and specificity; any bid which omits a price on any one or more items on the Form of Bid; any bid in which prices are unbalanced in the opinion of the City; any bid accompanied by insufficient or irregular bid guaranty; any bid found non- responsive by the City; any Bidder found by the City to be not responsible; any bid for which a Bidder fails or neglects to complete and submit any qualifications information within the time specified by the City and as may be otherwise required herein; and, any bid submitted by a Bidder who is not registered or licensed as may be required by the laws of the state of Washington. In consideration for the City's review and evaluation of its bid, the Bidder waives and releases any claims against the City arising from rejection of any or all bids. 3.10 Collusion If the City determines that collusion has occurred among the Bidders, none of the bids of the participants in such collusion will be considered. The City’s determination of collusion shall be conclusive. 3.12. Venue. By submitting a bid in response to the Invitation to Bid and for the convenience of the parties, the Bidder acknowledges and agrees that a lawsuit or action related to or arising out of this procurement shall be brought in the Superior Court of King County, Washington.

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SECTION 4: AWARD AND EXECUTION OF CONTRACT 4.01 General A. Within the number of days stated in the Notice to Bidders following the bid opening date set forth in the Invitation to Bid, or such extended period set by the City as provided in the Notice to Bidders, the City will either accept a bid, reject all bids, or take such other action as may be in its best interest. The City reserves the right to request extensions of the bid acceptance period. B. Within ten (10) calendar days after the Bidder receives written Notice of Selection, the selected Bidder shall execute three (3) originals of the Agreement as set forth in Section 00 05 00, and return them together with three (3) originals of the Performance and Payment Bond, set forth in Section 00 04 20, and three (3) originals of the certificates of insurance with endorsements, Section 00 05 10 Retainage, Attachment 1. After Contract Execution, one copy of the fully executed Contract Documents will be returned to the Contractor. C. The Bidder acknowledges and agrees that the City shall be entitled to presume that any person signing or modifying the bid prior to its submittal, or signing the contract on behalf of the Bidder, is authorized to bind the Bidder. 4.02 Performance and Payment Bonds A. The Bidder to whom the City issues the Notice of Selection for this Contract shall furnish three (3) originals of the Performance and Payment Bond only on the forms provided in Section 00 04 20 herein, in the amount of 100% of the Contract Price, including any and all adjustments to the Contract Price, as security for the faithful performance and completion of the work. Such bonds must be executed and sealed by a duly licensed surety or sureties registered with the Washington State Insurance Commissioner, and the surety's (or sureties') name shall appear in the current Authorized Insurance Company List in the state of Washington published by the Office of the Insurance Commissioner. The surety should be bound by an attorney-in-fact, preferably a resident of this County, but certainly of the State of Washington. The scope of the Performance and Payment Bond or the form herein prescribed shall in no way affect or alter the liabilities of the Contractor to the City under the terms of the Contract Documents. The City may require the surety (or sureties) to appear and qualify themselves upon the bond. If at any time the City determines, in its sole judgment, that the surety (or sureties) are insufficient, the City may require the Contractor to furnish additional surety in form and arrangement satisfactory to the City and in an amount not exceeding that originally required. Payments will not be made on the Contract until sufficient surety as required is furnished. B. The person signing the Performance and Payment Bond, as Principal, shall also sign the Contract. See Section 00 01 00 paragraph 2.01B for the signature requirements. 4.03 Insurance The City has established certain insurance requirements set forth in Section 00 04 30. The Bidder to whom the City issues the Notice of Selection shall file with the City evidences of and certificates of insurance from insurer(s), as well as additional insured endorsements, certifying to the coverage of all insurance required herein. Any Bidder having questions about the insurance requirements should immediately contact the City.

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The City will not execute the Contract without approved Insurance documents. Failure to provide Insurance documents will result in the rejection of the Contractor’s Bid. 4.04 Return of Bid Guaranties & Escrow Documentation A. All bid guaranties will be held until the Contract has been fully executed. Thereafter, bid guarantees will be returned to the respective Bidders. If the City upholds a Bidder's claim of error, the Bidder's bid guaranty will be returned with the City's final determination on the claim of error. The City will also return Bid Guaranties if all bids are rejected. B. Escrow Bid Documents, if required, will be returned to unsuccessful bidders along with bid guaranties. The successful bidder will have Escrow Bid Documents returned in accordance with the technical specification.

END OF SECTION 00 01 00

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SECTION 00 01 30 PUBLIC WORKS CONTRACT PREVAILING WAGE RATE REQUIREMENTS

This contract is subject to the Davis-Bacon Act. The Contractor must pay applicable Federal wage rates and State of Washington prevailing wage rates for King County for work performed under this contract. The applicable Washington prevailing wage rates may be found at the following website address of the Department of Labor and Industries:

https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx

State of Washington Prevailing wage rates for public works contracts are published on the first business day of February and the first business day of August of each year. These rates become effective thirty days after the date of publication. The prevailing wage rates in effect on the bid opening date are the prevailing wage rates that apply to that project, no matter how long it lasts, unless the contract is awarded more than six months after the bids were due. For a contract whose award is delayed more than six months, the prevailing wage rate in effect on the date of the award shall apply for the duration of the contract. It is the contractor’s responsibility to contact LNI for current wage rates and conform LNI prevailing wage rate requirements.

Federal Davis-Bacon Act prevailing wage rates can be updated at any time. The prevailing wage rates in effect on the bid opening date are those prevailing wage rates that are published 10 days prior to bid opening.

While all submitted federal certified payrolls must include the applicable federal wage rate classification found within the effective federal wage rate in effect, the higher of the two rates (State and Federal) must apply.

Statement of Intent and Affidavit of Wages Paid

This Contract requires that each and every Contractor, Sub-Contractor and Lower Tier Contractors ("Contractors") on the project file the Statement of Intent to Pay Prevailing Wages (Intent), and an Affidavit of Wages Paid (Affidavit) Public Works contract form. Contractors are responsible for filing all forms with L&I and shall be responsible for paying all filing fees. The forms are filed with L&I and, once they are approved, shall be submitted by the Contractors to the City. There is no minimum dollar contract amount. That is, Intent and Affidavit forms are required for every public works contract regardless of the size of the contract.

The Statement of Intent form shall be filed immediately after the contract is awarded and before work begins. The City shall not make any payments until Contractors have submitted an Intent form that has been approved.

The Affidavit form is not filed until after all the work is completed. The City shall not release final payment until all Contractors have submitted an Affidavit form that has been certified by L&I.

For additional information, contact:

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State of Washington Department of Labor and Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp

King County Housing and Community Development Federal Labor Compliance Project Manager Andrea Smith – Telephone 206-263-1695 401 5th Ave, Ste 520 Seattle, WA 98104

END OF SECTION 00 01 30

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SECTION 00 02 00 CHECKLIST OF BIDDING FORMS

This checklist is provided only as a convenience for Bidders. Bidders are advised to carefully read all portions of the Contract Documents and to comply with all requirements therein.

SECTION FORM 00 03 00  FORM OF BID

00 03 10  BID GUARANTY BOND (unless a certified or cashier's check is provided)

END OF SECTION 00 02 00

00 02 00 - 1 Checklist of Bidding Forms 000042 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

NAME OF FIRM SUBMITTING BID: ______

SECTION 00 03 00 FORM OF BID

Deliver to:

City of Snoqualmie City Hall 38624 SE River Street Snoqualmie, WA 98065

1.01 Form of Bid A. The undersigned, as Bidder, declares that we have examined all of the Contract Documents herein contained and that we will contract with City of Snoqualmie on the Agreement form provided herewith and at the prices and on the terms and conditions contained herein to do everything necessary for the fulfillment of: KOINONIA PARK IMPROVEMENTS CDBG Project #C17513. B. We agree that the Form of Bid constitutes our bid. To be responsive, a bid guaranty bond issued by a surety licensed to conduct business in the state of Washington, or a cashier’s check, certified check or money order payable to City of Snoqualmie in the amount of 5% of the Total Bid Price must accompany our bid.

C. We agree that our bid constitutes an offer to City of Snoqualmie. If our bid is accepted, we agree to sign the Agreement form and to furnish the Performance and Payment Bond only on the form contained herein, along with evidences of insurance required herein, within ten days after receipt from City of Snoqualmie of written Notice of Selection. We further agree if awarded a contract to plan and prosecute the work with such diligence that the work and portions thereof shall be completed and ready for use within the period set forth in these Contract Documents.

D. By submitting a bid we certify that we are currently registered as a Contractor in accordance with RCW 18.27 by the state of Washington and will remain so registered throughout the performance of the Contract. We further certify that we are skilled in the general class and type of work called for in the Contract Documents.

1.02 ACKNOWLEDGEMENT OF ADDENDA We acknowledge addenda numbers ______through ______have been delivered to us and have been taken into account as a part of our bid. 1.03 ERRORS ON FORM OF BID We authorize City of Snoqualmie to correct any mathematical or clerical errors that may appear on our Form of Bid. Such errors may in the City’s sole discretion be considered immaterial bid irregularities.

00 03 00 - 1 Form of Bid 000043 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

1.04 WAIVER OF INDUSTRIAL INSURANCE IMMUNITY In accordance with the provisions of the Contract Documents and RCW 4.24.115, we waive any industrial insurance immunity and acknowledge this waiver was the subject of mutual negotiation. 1.05 TAXES Taxes shall be in accordance with Section 00 01 00 paragraph 2.03. 1.06 BINDING BIDS Bids shall constitute offers to City of Snoqualmie, which shall be binding for 180 days from the date of bid opening. 1.07 BIDDING SCHEDULES A. The bidding schedules include completion of the Project in full. The work of each bid Item is specified or shown in the Contract Documents and described further in the Special Provisions, Divisions 1 through 9. A lump sum or unit price, as applicable, shall be offered for each bid Item, failure to do so shall render your bid non- responsive. To be considered responsive, bidders must complete and submit all three bidding schedules. B. Lump Sum Items. For the Lump Sum Bid Items, the Bidder shall provide the price to perform all work as specified or shown herein, including labor, materials, equipment and all overhead and profit, as well as any other ancillary costs associated with completing this work. C. Unit Price Items. For Unit Price Bid Items, the Bidder shall provide unit prices for each of the bid items set forth under Unit Price Items. The Contractor shall be compensated for the actual unit quantities performed in accordance with the terms and conditions set forth in the Contract. The unit price shall include all labor, materials, equipment and, all overhead and profit, as well as any other ancillary costs associated with completing a unit of work. The City does not guarantee the quantities estimated for each unit price bid item; nor does the City limit itself to the estimate numbers. Quantities estimated and/or stated on the Bid Form shall not be considered contract indications for purposes of the contract’s Differing Site Condition clause. D. The abbreviations under the “Unit” column shall be defined as follows: “AL” means allowance; “CY” means cubic yard, “DY” means day, “EA” means each; "EST" means estimated; “FA” means force account; “HR” means hour, “LBS” means pounds, “LF” means linear (lineal) foot, “LS” means lump sum, “SF” means square foot, “SY” means square yard, and “TN” means ton. Unit prices shall be multiplied by the estimated quantity to calculate an extended amount for that bid item. The Total Bid Price shall be the sum of the lump sum amounts and extended amounts for all bid Items on the bidding schedules. E. We, the Bidder, propose to perform the work on the terms and conditions contained herein for the prices set forth below:

00 03 00 - 2 Form of Bid 000044 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

BID SCHEDULE

KOINONIA PARK IMPROVEMENTS CDBG Project #C17513

NOTES: Unit prices for all bid items, all extensions, and the total amount bid must be shown. All entries must be typed or entered in ink.

Total Item No. Description Unit Quantity Unit Price Amount 1 Base Bid LS 1 2 Alt 1: Play Equipment Group A LS 1 3 Alt 2: Play Equipment Group B LS 1 Alt 3: Play Equipment Group 4 CPoured-In-Place Rubber Surfacing LS 1 In Lieu of Engineered Wood Fiber 5 Alt 4: Play Equipment Group D LS 1 64 Minor Change LS 1 $10,000 Total

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BID ITEM DESCRIPTIONS

1. BASE BID

Base bid work shall include all labor, materials, equipment, and incidentals required for completion of the work drawn and specified, together with the necessary appurtenant work (as shown on the drawings.

2. ADDITIVE ALTERNATES #1 – PLAY EQUIPMENT GROUP A

The undersigned agrees to perform the additions called for in the following Alternates, as shown on the drawings for additions to the base bid. All items are complete and installed price (as shown on the drawings.)

3. ADDITIVE ALTERNATES #2 – PLAY EQUIPMENT GROUP B

4. ADDITIVE ALTERNATES #3 – PLAY EQUIPMENT GROUP CPOURED-IN-PLACE PLAYGROUND RUBBER SURFACING IN LIEU OF ENGINEERED WOOD FIBER

5. ADDITIVE ALTERNATES #4 – PLAY EQUIPMENT GROUP D

64. MINOR CHANGE

Payment of credits for changes amounting to $10,000 or less per occurrence may be made under the Bid Item 6 “Minor Change”. To provide a common basis for all bidders, the City has established in the proposal a dollar value ($10,000) for all items to be paid by Minor Change. All such items are to become a part of the Contractor’s total bid. However, the City does not warrant expressly or by implication that the actual amount of “minor change” work will correspond with those estimates.

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1.08 BID EVALUATION AND CONTRACT AWARD A. In accordance with the provisions of these Contract Documents, it is the intent of the Owner to award the Contract to the Contractor submitting the lowest bid within the funds available for work including in the Base Bid and any alternates slected in any order. The Bidder must meet the requirements of a responsible Bidder as established under RCW 39.04.350 and 39.06.020, and the supplemental bidder responsibility criteria in Section 00 04 00. B. City of Snoqualmie reserves the right to reject any bid, any portion of any bid and/or to reject all bids. City of Snoqualmie further reserves the right, but without obligation, to waive informalities and irregularities. C. The Bidder, if awarded the contract, shall verify that each of its first tier subcontractors, regardless of subcontract amount, at the time of subcontract execution, meets the Bidder responsibility criteria established under RCW 39.04.350, 39.06.020 and Section 00 04 00. Each first tier subcontract shall require the same from each of its subcontractors. Upon request of the City, the awarded Bidder (Contractor) shall promptly provide documentation demonstration that all subcontractors regardless of tier meet the Bidder responsibility criteria. 1.09 LIST OF SUBCONTRACTORS A. The Bidder is expected to meet the Requirements of RCW 39.30.060. B. The Bidder shall list as part of its bid in the space provided below either itself or the names of the subcontractors with whom the Bidder will subcontract for performance of the work of: heating, ventilation, and air conditioning (HVAC); plumbing as described in RCW 18.106; and electrical as described in RCW 19.28. C. The requirement to name the Bidder’s proposed HVAC, plumbing and electrical subcontractors applies only to the proposed HVAC, plumbing and electrical subcontractors who will contract directly with the Bidder (i.e., first-tier subcontractors only, even if that first-tier subcontractor intends to hire a sub-tier subcontractor to perform all or part of the HVAC, plumbing or electrical work).

Category of Work Name of Firm (DO NOT LEAVE BLANK)

Additional sheets may be used if necessary. 00 03 00 - 5 Form of Bid 000047 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

B. In completing the above form, bidders are advised that: 1) Ventilation is typically required to meet safety requirements for enclosed spaces and tunnels or certain shafts, but it may be incidental to other parts of the work, and may be required for the temporary construction facilities; 2) No plumbing work within buildings (as described in Chapter 18.106 RCW) has been specified in the contract, however plumbing work may be required for the temporary construction facilities and elsewhere in the contract documents; 3) Electrical work may be incidental to the work such as encountered with traffic control systems, electrical service to buildings and street lights, distribution wiring, conduit and junction box installation, generators, temporary electrical service and wiring for construction equipment and dewatering systems. In each instance above, the Bidder should list the work in the table above. Other areas may be identified by the Bidder in the contract documents as well.

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THIS PAGE INTENTIONALLY LEFT BLANK

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1.10 FORM OF BID SIGNATURE SIGNED this ______day of ______, ______. Firm: Address: City: State / Zip: Telephone: Fax No.: WA State State of Contractor's Incorporation: License No: Federal Tax ID WA Workers Number: Comp Acct #:

UBI Number: Employment Security Account No. State Excise Tax Registration No.

By: Signature Print Name

Title:

END OF SECTION 00 03 00

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SECTION 00 03 10 BID GUARANTEE BOND

KNOW ALL BY THESE PRESENTS: That we, ______, as Principal, and ______, as Surety, are jointly and severally held and firmly bound unto City of Snoqualmie, hereinafter called the Obligee, each in the penal sum of five percent (5%) of the Principal’s Total Bid Price for the work, this sum not to exceed ______DOLLARS ($______) (hereinafter referred to as “penal sum”) of lawful money of the United States, for the payment whereof unto the Obligee.

WHEREAS, the Principal is herewith submitting its offer for the fulfillment of the KOINONIA PARK IMPROVEMENTS Contract. NOW, THEREFORE, the condition of this obligation is such that if the Principal is awarded the Contract, and if the Principal, within the time specified, fulfills all of the requirements of the Contract Documents which are conditions precedent to the execution of the Contract, enters into, executes and delivers to the Obligee an agreement on the form provided herein complete with evidences of insurance, and if the Principal, within the time specified, gives to the Obligee the Performance and Payment Bond on the forms provided herein, then this obligation shall be void; otherwise, the Principal and Surety shall pay unto the Obligee the penal sum; provided however, in no event shall the Surety's liability exceed the penal sum. AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable under this obligation as Principal, and that nothing of any kind or nature whatsoever that will not discharge the Principal shall operate as a discharge or a release of liability of the Surety. IT IS HEREBY FURTHER DECLARED AND AGREED that this obligation shall be binding upon and inure to the benefit of the Principal, the Surety and the Obligee and their respective heirs, executors, administrators, successors and assigns.

SIGNED this ______day of ______, 20______.

Principal: Surety:

By: By:

Title: Title:

Address: Address:

City/Zip: City/Zip:

Telephone: Telephone:

Note: A dated power of attorney must be provided which appoints the Surety's true and lawful attorney-in-fact to make, execute, seal and deliver this bid guaranty bond.

END OF SECTION 00 03 10 00 03 10 - 1 000051 Bid Guarantee Bond CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

SECTION 00 04 00 BIDDER QUALIFICATION/RESPONSIBILITY INFORMATION

SECTION 1: OVERVIEW 1.01 General A. As required in Section 00 01 00, the Bidder shall demonstrate to the satisfaction of the City that the Bidder and its subcontractors meet the responsibility criteria for this Contract and that the Bidder is therefore a responsible Bidder. To be responsible, the Bidder and its subcontractors and Project Team Members must (i) meet the mandatory minimum responsibility criteria in RCW 39.04.350(1) and (ii) meet the supplemental bidder responsibility criteria set forth in this Section 00 04 00. The information requested in this section will assist the City in making such a determination. B. Qualifications are a matter of bidder responsibility. The City may, at its option, meet with the Bidder to discuss this issue and/or obtain further information to make its responsibility determination. Timeliness of Contract Execution is critical to the success of this project. Therefore, any such meeting or additional information must be completed as expeditiously as possible. The City retains the right to reject the bid and go to the next low Bidder. Such decisions are in the sole discretion of the City. C. To assist the City in the review of the Bidder's qualifications, the Bidder shall provide the information required by each item set forth below after bid opening, as described further herein. The City reserves the right to inspect records, reports and other information which may be maintained by or for the Bidder to the extent necessary, as determined by the City, to verify, clarify or otherwise consider the Bidder’s responsibility. D. The City reserve the right to contact references and investigate past performance and qualifications of the Bidder, subcontractors, and Project Team members, including contacting third parties. References may be asked to rate the performance of and describe their experience with the Bidder, subcontractors, and Project Team members. 1. The City may contact references for other projects even though the Bidder did not identify those projects and/or references. 2. References may be asked to rate the performance of and describe their experience with project team members, subcontractors, the Bidder, and/or members of the Joint Venture (JV) or other similar Business Organizational Structure (BOS) such as a partnership or limited liability partnership. Information may be solicited and evaluated on the following subjects: type and features of work; overall quality of project performance and quality of work; experience and technical knowledge and competence of the Bidder and Project Team Members; ability, capacity and skill to perform the Work; compliance with laws, ordinances, and contract provisions; and other information as deemed necessary by the City. 3. Poor reference(s) may be justification to determine a Bidder is not responsible.

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E. If the Bidder is a joint venture, the Bidder shall submit information for the joint venture if the members have worked together in the past and also information about each member of the joint venture. Joint venture agreement shall be included in the submission. 1.02 SIMILAR IN SCOPE AND COMPLEXITY CHARACTERISTICS A. For purposes of this section, the elements of “Similar in Scope and Complexity” is a project having the following elements: 1. Successful record of performing work on schedule and with the resources, experienced work force and ability to meet all the permit requirements, easement requirements, and government agencies requirements and regulations. 2. Installation of playground equipment, drainage systems, concrete work and excavations of similar size or greater. 1.03 SUBMITTAL INSTRUCTIONS A. Responses to the following items shall be submitted in a clear, comprehensive and concise manner. Submit one unbound original and two bound copies. The original and copies shall be indexed with tabs for each item; using recycled, white, 8 ½” x 11” paper where possible; and a minimum font size of 10 points. The cover sheet shall include this Contract’s Title, Contract Number, and Bidder’s name, mailing address, contact person, email address, telephone, and fax number. B. After bid opening as described herein, the apparent low Bidder shall submit qualification information as defined in Section 00 01 00 Part 3.06 A. In the event the City subsequently elects to have any other bidder submit the information, the City shall so notify any additional Bidder. C. Collectively, the criteria identified below in Section 2 shall be referred to as the “supplemental bidder responsibility criteria” for this bid invitation. The bidder must meet these supplemental bidder responsibility criteria in order to be considered a responsible bidder for purposes of RCW 39.04.350. SECTION 2: QUALIFICATIONS INFORMATION 2.01 WORK PERFORMED BY BIDDER A. The Bidder shall demonstrate how, with its own forces, it shall perform, at the site, work equivalent to at least fifty percent (50%), per Section 00 07 00 paragraph 3.0 F, of the total Contract Price. The Bidder may demonstrate this by identifying the work, using the bid items or technical specification divisions, or sections within a division, it intends to perform with its own forces and the estimated dollar amount and percentage of the total bid amount this itemized work constitutes. B. The Bidder shall demonstrate how, with its subcontractors, suppliers, and materialmen it shall supply materials and perform the remaining portions of the work. The Bidder may demonstrate this by identifying the type of work or materials, using the bid items or technical specification divisions or sections within a division, it intends to have performed by its subcontractors, and supplied by its suppliers and materialmen and the estimated dollar amount and percentage of the total bid amount this itemized work constitutes. C. Summation of the contract amount shall equal the Total Bid Price for the Contract. Summation of the percentages shall equal one hundred percent (100%).

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2.02 BIDDER’S PERSONNEL A. The Bidder shall demonstrate that the individuals making up the project team have successful past experience for each of the elements identified herein. The experience, technical competence, and qualifications of each project team member will be reviewed and evaluated. By identifying the project team members in the qualification information, the Bidder is committing to making the individuals available and responsible for the day-to-day management, supervision, and performance related to the responsibilities of the position. The Project Team Members shall be considered Key Personnel in accordance with Section 00 07 00 and will be included as named individuals in that provision. B. The City has the right to contact references, both listed and unlisted in the Contractor’s submittal and investigate the past performance of each named individual. The City may reject the qualifications of an individual should the City receive any number of poor references or sufficient information calling into question the qualifications of an individual. C. Organization chart: 1. Provide an organizational chart identifying the Project Team Members and any other position the Bidder deems essential to demonstrate the organizational structure. 2. Project Team Members shall include: a. Project Manager; b. Contractor’s Designated Representative, if different than the Project Manager; c. Project Superintendent; d. Person responsible for managing and ensuring quality assurance and quality control (QA/QC); 3. Provide a description of each individual’s past experience related to the work to be assigned on this Project. 4. Identify the percentage of time each person is allocated to this Project for the particular position. D. Project Manager and/or Contractor’s Representative. 1. Identify the Project Manager and Contractor’s Representative. Contractor’s Designated Representative is defined in Section 00 07 00. 2. The Project Manager and Contractor’s Representative shall have successful past experience and competence in managing the day-to-day activities on at least two construction projects within the last ten (10) years with an initial construction value of at least three hundred thousand dollars that meet the Similar in Scope and Complexity elements. To qualify as a project, the owner must have determined the project to be substantially complete or issued final acceptance. 3. Identify all projects in the last ten (10) years managed by these individuals that meet the Similar in Scope and Complexity elements or describe requirement and describe in detail this team member’s responsibility on the project. For each project, identify the name of the project, describe the 00 04 00 - 3 Bidder Qualifications/Responsibility Information 000054 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

project, explain how the project meets or exceeds the definition of Similar in Scope and Complexity elements, initial contract time (start and end dates), final contract time (actual end date), initial contract value, final contract value, name and phone number of the owner, and name and telephone number of the owner’s project manager or other person who can verify the experience of the individuals. E. Superintendent. 1. Identify the Superintendent for this project and demonstrate that the proposed Superintendent has within the past 10 years been the Superintendent on at least three projects for construction work requirements similar to those set forth in this Contract. Identify all projects similar in scope, time, and complexity and date of construction within the last ten years for which the proposed Superintendent acted as a superintendent. For each project provide the project name, contract value, and owner’s name and phone number and describe the individual’s responsibilities on the project. F. Project Site Safety Officer. 1. Identify the Project Site Safety Officer. 2. Conform to the requirements specified in Section 01 11 00. G. Person responsible for QA/QC. 1. Identify the Person responsible for QA/QC. 2.03 EXPERIENCE OF THE BIDDER. A. General Contractor. The Bidder shall demonstrate successful past experience and competence in managing no less than two (2) construction projects within the last ten (10) years each with an initial construction value of at least three hundred thousand dollars and that meet the Similar in Scope and Complexity characteristics listed in Section 1.02. To qualify as a project, the Owner must have determined the project to be substantially complete or issued final acceptance. 1. Identify all construction contracts entered into and performed by the Bidder within the past ten (10) years that meet the Similar in Scope and Complexity characteristics listed in Section 1.02. a. Projects for which the Bidder was a subcontractor are not eligible under this criterion. b. For this requirement, the term Bidder includes: (i) the legal entity that signed this bid; or (ii) any member of the JV or BOS provided the member was responsible for managing the day-to-day administrative activities for the referenced projects and is responsible for management of day-to-day activities of this contract. 2. For each project, identify the name of the project, describe the project and how it meets each Similar in Scope and Complexity characteristics listed in Section 1.02, initial contract time (start and end dates), final contract time (actual end date), initial contract value, final contract value, name and phone number of the owner, and name and telephone number of the owner’s project manager or other person who can verify the Bidder’s experience.

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3. If the Bidder is a JV or BOS, provide information for the members of the JV or BOS who will be managing the day-to-day administrative activities for this Contract. Administrative activities involve the contract administration activities contained in Division 0 and Division 1. If a JV/BOS partner is only providing financial support for this Contract, this information is not required and will not be evaluated with regard to this element. B. Identify for the past five (5) years any construction contracts in which the Bidder's surety has taken over all or a portion of the project to cure or respond to an asserted default or material breach on the part of the Bidder (a "Bond Forfeiture"). If the Bidder is a JV or BOS, provide such information for every partner of the JV or BOS. If a Bidder has been involved in a Bond Forfeiture in the past five years, the Bidder shall be deemed not responsible. If any partner of the JV or BOS has been involved in a Bond Forfeiture in the past five years, the JV or BOS shall be deemed not responsible. C. If the Bidder is a JV or BOS, the Bidder shall submit the additional following information: 1. A copy of the Joint Venture Agreement and any related documents; or a copy of the agreement establishing the relationship of the parties and any related documents; 2. Description of the business relationship between the parties; 3. Description of the specific roles and responsibilities each member of the JV will have in relation to this Contract; and, 4. List of past projects where the partners of the JV worked together in the past and indicate the roles and responsibilities of each member in relation to that project. 2.04 SUBCONTRACTORS. A. Within 48 hours of bid opening identify the name and address for each subcontractor, designer or supplier; the type of work to be completed by it and information that such entity meets the qualification requirements of this Section 00 04 00. List past projects, provide each project’s name, contract value, and owner’s name and phone number and describe the subcontractor’s responsibilities. Each entity’s qualification may be reviewed and prior experience checked to verify that the entity identified are qualified and have adequate experience on projects similar in size, scope, and complexity to this project. 2.05 BOND FORFEITURE, LITIGATION AND CLAIMS In addition to the criteria named above, the City requires the Bidder to be a contractor possessing demonstrated skills of integrity, diligence, and honesty. To assist in the City’s evaluation of this additional criterion, the Bidder shall provide information requested in Sections 2.05 through 2.07. 2.06 CONTRACT HISTORY A. Provide detailed information as to the following if within the past 15 years the Bidder has: 1. Had a contract terminated for cause or default; 2. Not been an active contractor; 3. Been in bankruptcy, reorganization and/or receivership; 00 04 00 - 5 Bidder Qualifications/Responsibility Information 000056 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

4. Not been registered and licensed as a construction contractor; and 5. Been disqualified by any federal, state or local agency from being awarded and/or participating in public contracts. 6. Has failed to complete a project or Contract. B. Explain the circumstances surrounding the event(s) identified above. C. If the Bidder has not had any of the above six situations occur within the past 15 years, the Bidder shall state that “Contractor has not had contractual problems per Section 00 04 00, Item 2.06.A, within the past 15 years.” 2.07 CRIMINAL HISTORY Identify all criminal convictions, including any cases resolved by pleas of nolo contendere, of the Bidder and any officers of the Bidder. If the Bidder and its officers have no criminal convictions of any kind, including any cases resolved by pleas of nolo contendere, the Bidder shall state that “Bidder and its officers have no criminal convictions.” 2.08 ACCIDENT/INJURY EXPERIENCE Submit the Bidder’s accident/injury experience factor from the Department of Labor and Industries or other appropriate organization from the year 2000 to present. If the Bidder is a joint venture, provide information for members of the joint venture who will be performing and managing the Contract work. If a JV or BOS partner is only providing financial support, this information is not required and will not be evaluated with regard to this element. 2.09 ACCIDENT PREVENTION PROGRAM Submit for approval the Bidder’s Accident Prevention Program (“APP”) that meets the requirement of Washington Administrative Code (WAC) 296-155-110 and the applicable portions of WAC 296-24, WAC 296-62, WAC 296-67, WAC 296-155 and WAC 296-800 thru WAC 296-876. Pursuant to the WAC, the APP is to be tailored to the Contractor’s type of construction business. Specific types of hazards related to the work under this Contract shall be addressed in the site-specific Health and Safety Plan (HASP) which shall be submitted after Contract execution. The following WEB site provides additional information regarding the APP: http://www.lni.wa.gov/Safety/Basics/Programs/Accident/APPCoreRuleGuide.pdf SECTION 3: ADDITIONAL INFORMATION At the City’s request, provide any other explanation or information, which would assist the City in evaluating the qualifications of the Bidder, the Bidder's key personnel, and proposed subcontractors.

END OF SECTION 00 04 00

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SECTION 00 04 20 PERFORMANCE AND PAYMENT BOND

______(CONTRACTOR) Bond Number______

KNOW ALL BY THESE PRESENTS: That we, ______, as Principal, and,______as Surety, a corporation legally doing business in the State of Washington, are held and firmly bound and obligated unto the City of Snoqualmie ("City"), pursuant to laws of Washington and the Contract between the City and the Principal, in the full sum of the Contract Amount of ______DOLLARS ($______), for the faithful performance of the Contract referenced below, and for the payment of which sum we do bind ourselves, and each of our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, THIS OBLIGATION IS CONDITIONED on the Principal entering into a Contract with the City for the Standby Generators and by this reference incorporates all of the Contract Documents referenced in said Contract, as now or hereafter amended, with or without notice to Surety;

NOW, THEREFORE, IT IS DECLARED AND AGREED if the Principal shall faithfully perform all provisions of such Contract, pay all laborers, mechanics and subcontractors and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, then this obligation is void, otherwise it shall remain in full force and effect. Provided, however, that the conditions of this obligation shall not apply to any money loaned or advanced to the Principal or to any subcontractor or other person in the performance of any such work; and

IT IS FURTHER DECLARED AND AGREED that the City shall have the right to sue on this bond in its own name to recover for any loss, injury, damage, or liability whatsoever sustained or incurred by it, including but not limited to: (1) compensation for architect and/or engineering services and expenses made necessary thereby; (2) any other costs or damages incurred by the City in completing and/or correcting the Work; and (3) any other special, incidental or consequential damages incurred by the City which results or arises from any breach of the Contract, or termination of the Contract for default, or of any provision in this bond; and IT IS FURTHER DECLARED AND AGREED that nothing of any kind or nature whatsoever that will not discharge the Principal shall operate as a discharge or release of liability of the Surety, notwithstanding any law, rule of equity or usage relating to the liability of sureties to the contrary; and

IT IS FURTHER DECLARED AND AGREED that whenever Principal shall be in default under the Contract as determined by the City, the Surety, upon the City's request, shall promptly remedy the default in a manner acceptable to the City. Signed this ______day of ______, 20______.

Principal: Surety:

By: By:

Title: Title:

Address: Address:

City/Zip: City/Zip:

Telephone: ( ) Telephone: ( ) 00 04 20 - 1 000058 Performance and Payment Bond CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

Note: A power of attorney must be provided which appoints the Surety's true and lawful attorney-in-fact to make, execute, seal and deliver this performance and payment bond, which power of attorney shall meet the approval of the City's Attorney as to form and substance.

END OF SECTION 00 04 20

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SECTION 00 04 30 INSURANCE REQUIREMENTS

1.01 Contractor’s Insurance A. Prior to the issuance of the Notice to Proceed and/or the performance of any physical labor at the Site, the Contractor shall provide to the City Certificates of Insurance and Endorsements acceptable to the City meeting the requirements of the Contract (specific insurance coverage limits are set forth below). Coverage shall be maintained without interruption from the commencement of the Contractor’s Work until Final Acceptance, or for such longer time as required by the Contract. Each policy obtained by Contractor shall be endorsed to provide City with 45 days notice of material changes to or cancellation of such policy. B. If the scope of Work is significantly expanded, or if the aggregate limits on any of the Contractor’s policies are eroded, the City may require Contractor to obtain additional coverage or reinstate eroded coverage. If the need for additional coverage is due to the fault of the Contractor or any of its Subcontractors, the Contractor shall be responsible for the cost of such additional coverage or any of its Subcontractors coverage. The Contractor shall provide proof of additional insurance required because of changed Work (Change Orders). C. If the Contractor is required to correct damaged, defective or incomplete Work after Final Acceptance, it shall obtain at its own expense such insurance coverage in such minimum amounts set forth below, for the construction period following Final Acceptance. Such coverage shall be maintained throughout the period in which corrective work is performed. D. Review of Contractor’s insurance by City shall not relieve or decrease the duty of the Contractor to comply with the requirements of the Contract Documents. E. Nothing contained within these provisions shall affect and/or alter the application of any other provision within this agreement. F. Neither the Contractor nor any of its subcontractors shall begin work under the Contract until all required insurance has been obtained and approved by the City and King County. Purchase of appropriate insurance and providing satisfactory evidence of required insurance is wholly the obligation of the Contractor, and any delay shall be attributed to the Contractor. 1.02 Waiver of Subrogation The Contractor waives all rights against the City, City’s consultants, or any separate contractors, and their agents and employees, for damages caused by fire or other perils to the extent such damage cost is actually paid by property insurance applicable to the Work. The Contractor shall require similar waivers from all Subcontractors. This provision shall be valid and enforceable only to the extent permissible by the applicable property insurance policies. 1.03 Evidence of Insurance The Contractor shall furnish the City and King County with Certificates of Insurance and endorsements required by this Contract. All evidences of insurance must be certified by a properly authorized officer, agent, general agent or qualified representative of the insurer(s) and shall certify the name of the insured, the type and amount of insurance, the location and operations to which the insurance applies, the expiration 00 04 30 - 1 Insurance Requirements 000060 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

date of the policy. The Contractor shall, upon demand of the City, make available to the City at City Hall certified copies of all such policies of insurance required in this Contract. Failure to provide such policies of insurance within a time acceptable to the City shall entitle the City to suspend or terminate the Contractor’s work hereunder. Suspension or termination of this Contract shall not relieve the Contractor from its insurance obligation hereunder. All subcontractors shall be required to include the City, Contractor, and City’s Agents as additional insureds on all Liability policies except Workers’ Compensation and Professional Liability Errors and Omissions. 1.04 Minimum Scope and Limits of Insurance The Contractor shall obtain and maintain the minimum insurance set forth in this section and 00 07 01 17 (page 26/35) Supplemental King County Contract Conditions. If there is a difference between coverages required in this section and section 00 07 01 the contractor shall provide higher of the two insurance coverage amounts. By requiring such minimum insurance, the City shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The City does not warrant or represent that such coverages and limits are appropriate or adequate to protect the Contractor. Providing coverage in these stated minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Each insurance policy shall be written on an “occurrence” form; excepting that insurance for professional liability, errors and omissions when required, may be acceptable on a “claims made” form. If coverage is approved and purchased on a “claims made” basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of completion of the work which is the subject of this Contract. Insurance coverage shall be at least as broad as stated below and with limits no less than: A. General Liability. Coverage shall be at least as broad as Insurance Services Office form number CG 00 01 covering COMMERCIAL GENERAL LIABILITY. $5 million combined single limit per occurrence and for those policies with aggregate limits, a $5 million aggregate limit. Such insurance, with products/completed operations coverage, shall be maintained by Contractor for a minimum of six (6) years from Acceptance in accordance with the terms of the Contract B. Explosion & Collapse, Underground Damage (XCU). Coverages shall apply for the same limits as the General Liability. Evidence of Insurance must specifically state coverage has not been excluded. C. Automobile Liability. Coverage shall be at least as broad as Insurance Services Office form number CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 “any auto”; or the combination of symbols 2, 8, and 9. $5 million combined single limit per accident. If the work involves the transport of pollutants (as defined by the standard auto policy exclusion of pollution) the auto policy shall be endorsed to include endorsement CA 9948 (or its equivalent) and MCS 90. D. Workers’ Compensation. Statutory requirements of the State of residency. Coverage shall be at least as broad as Workers’ Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable Federal or “other States” State Law. 00 04 30 - 2 Insurance Requirements 000061 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

E. Employer’s Liability or “Stop Gap”. Coverage shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the general liability policy. F. Professional Liability Errors and Omissions. $2 million per claim/aggregate. The Contractor shall submit proof of Insurance as part of the required submittals or provide evidence of compliance from its subcontractors that these insurance requirements have been met 30 days prior to beginning of any work designated to be performed by a Professional Engineer. G. Not used. H. Pollution Liability. Contractor shall provide Contractor’s Pollution Liability coverage in the amount of $1,000,000 per occurrence and in the aggregate to cover sudden and non-sudden bodily injury and/or property damage to include the destruction of tangible property, loss of use, clean up costs and the loss of use of tangible property that has not been physically injured or destroyed. If Asbestos, Lead or PCB’s are a potential exposure, such insurance shall not exclude pollution arising out of Asbestos, Lead and/or PCB operations. Evidence of Insurance must specifically state that coverage is included. 1.05 Deductibles/Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the City. The deductible and/or self-insured retention of the policies shall not limit or apply to the Contractor’s liability to the City and shall be the sole responsibility of the Contractor. 1.06 Other Insurance Provisions A. The insurance policies required in this Contract are to contain and be endorsed to contain the following provisions: 1. With respect to all Liability Policies except Professional Liability and Workers Compensation: (a) “The City, King County, its officers, officials, employees, agents and consultants are to be covered as additional insureds” as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. Use the above exact quoted language on the Endorsement Form. (b) The Contractor’s insurance coverage shall be primary insurance as respects the City, King County its officers, officials, employees, agents, and consultants. Any insurance and/or self-insurance maintained by the City, its officers, officials, employees, agents and consultants shall be excess and not contributing with the Contractor’s insurance or benefit the Contractor in any way. (c) The Contractor’s insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer’s liability. (d) A Per Project Aggregate shall apply to the General Liability policy. 2. For Protection and Indemnity Insurance the Contractor shall waive all rights of subrogation against the City and King County.

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3. The Contractor shall add the City, King County, its officers, officials, employees, and consultants as additional insureds during the course of construction in event incident(s) including third party liability. B. The Contractor shall include the Project Name (KOINONIA PARK IMPROVEMENTS Project #C17513) in the “Description of the operations/locations…” block of the insurance certificate. 1.07 Acceptability of Insurers A. Unless otherwise approved by the City: 1. Insurance is to be placed with insurers with a Best’s rating of no less than A:VIII, or, if not rated with Best’s, with minimum surpluses the equivalent of Best’s surplus size VIII. 2. Professional Liability, Errors and Omissions insurance may be placed with insurers with a Best’s rating of B+; VII. B. If at any time the foregoing required policies shall fail to meet the above minimum requirements, the Contractor shall, upon notice to that effect from the City, promptly obtain a new policy, and shall submit the same to the City, with the appropriate certificates and endorsements, for approval. 1.08 Subcontractors The Contractor shall include all subcontractors as insured under its policies, or shall furnish separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverages provided by subcontractors, as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. Contractor shall be responsible for assuring that all subcontractors obtain all insurance as required by the Contract and that the City be specifically endorsed as an additional insured on such insurance. 1.09 Job Site Safety The Contractor shall have the “right to control” and bear the sole responsibility for the job site conditions, and job site safety. The Contractor shall comply with all applicable federal, state, and local safety regulations governing the job site, employees and subcontractors. The Contractor shall be responsible for subcontractor’s compliance with these provisions.

END OF SECTION 00 04 30

00 04 30 - 4 Insurance Requirements 000063 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

SECTION 00 05 00 CONTRACT

KOINONIA PARK IMPROVEMENTS

This Contract, made and entered into this ____ day of ______, 20___ by and between City of Snoqualmie "City" and ______hereinafter called the "Contractor.”

WITNESSETH:

That in consideration of the terms and conditions contained herein and attached and made a part of this Contract, the parties hereto covenant and agree as follows:

1. The Contractor shall do all of the work and furnish all of the labor, materials, tools and equipment for the construction of the improvements and shall perform any changes in the work (the “Work”), all in full compliance with the contract documents entitled: “KOINONIA PARK IMPROVEMENTS”. The "Form of Bid” (Section 00 03 00), "General Terms and Conditions” (Section 00 07 00), “Supplemental Terms and Conditions” (Section 00 08 00),” and the "Specifications” and “Drawings” sections contained in said Contract Documents are hereby referred to and by reference made a part hereof.

2. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to furnish the labor, materials, tools and equipment, and to do and cause to be done the above-described Work, and to complete and finish the same in accordance with the said contract documents and the terms and conditions herein contained, and hereby contracts to pay for the same, according to the said documents, including the schedule of estimated quantities, and unit and lump sum prices in the Form of Bid, the sum of $ ______, subject to the actual quantity of Work performed, at the time and in the manner and upon the conditions provided for in this contract.

5. The City hereby appoints and the Contractor hereby accepts the Public Works Director, as the City's representative for the purpose of administering the provisions of this Contract, including the City's right to receive and act on all reports and documents

00 05 00 - 1 Contract 000064 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

related to this Contract, to request and receive additional information from the Contractor.

6. This Contract contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Contract.

00 05 00 - 2 Contract 000065 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

If the claim, suit, or action for injuries, death, or damages as provided for in the preceding paragraphs of this specification is caused by or results from the concurrent negligence of (a) the indemnitee or the indemnitee's agents or employees and (b) the indemnitor or the indemnitor's agents for employees the indemnity provisions provided for in the preceding paragraphs of this specification shall be valid and enforceable only to the extent of the indemnitor's negligence.

______City Contractor

14. No change or addition to this Contract shall be valid or binding upon either party unless such change or addition shall be in writing, executed by both parties.

15. The Contractor shall fully comply with all applicable state and federal employment and discrimination laws and regulations.

00 05 00 - 3 Contract 000066 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

CITY OF SNOQUALMIE:

Executed by the City of Snoqualmie this ______day of ______20___.

By ______

Title: Mayor

STATE OF WASHINGTON ) ) ss. CITY OF SNOQUALMIE )

On this ____ day of ______, 20____, before me personally appeared ______, to me personally known to be the person described in and who executed the above instrument and who acknowledged to me the act of signing thereof.

Notary Public, in and for the State of Washington, residing at:

My commission expires:

CONTRACTOR:

Executed by the Contractor this day of , 20 .

By: (SEAL)

Title:

STATE OF WASHINGTON ) ) ss. CITY OF SNOQUALMIE )

Notary Public, in and for the State of Washington, residing at:

My commission expires:

00 05 00 - 4 Contract 000067 SECTION 00 07 00 GENERAL TERMS AND CONDITIONS

00 07 00 - 1 General Terms and Conditions

000068 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

SECTION 1: GENERAL PROVISIONS 1.0 Compliance All work shall be completed according to the Plans and Specifications, and in compliance with the laws and regulations of the State of Washington, the standards and resolutions of the City of Snoqualmie, and other government agencies that have jurisdiction over the location of the Project. 1.1 Definitions Words and terms shall be given their ordinary and usual meanings. Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, feminine and neuter of the words and terms.

A. “Actual Equipment Cost” for equipment in use means the daily rate for Contractor - owned equipment measured by Ownership Cost and Operating Cost divided by the Useful Life of the equipment, and for equipment on standby means only Ownership Cost divided by the Useful Life of the equipment. For purpose of this definition: (a) Operating Cost means fuel, filters, oil, grease, tire wear, minor repair (belts, filters, hydraulic lines and other minor components) and that specific allocable part of any actually incurred cost of major overhaul (rebuilding or replacing larger components, such as the engine and transmission) that was necessitated solely by the equipment’s use on this Project and (b) Ownership Cost means costs for depreciation (the distribution of the acquisition cost of a piece of equipment over its useful economic life), financing (the interest expense on the amount of money borrowed to purchase the equipment) and the following indirect costs (equipment licenses, property taxes, storage, insurance, inspections, mechanic training, record keeping and highway permits). The following items are excluded from Actual Equipment Cost: replacement cost, escalation contingency reserves, general and administrative expense, and profit. The term “Useful Life” as used herein means the greater of the number of years a prudent and reasonable contractor would keep the equipment in use or the number of years, that the equipment is expected to be in use as established or recognized by the Internal Revenue Service. B. “Addendum” or “Addenda” means alteration or clarification of the plans or specifications provided to bidders by the City prior to bid time, which becomes part of the Contract Documents when the Contract is executed. C. “Snoqualmie” or “City” or “Owner” may be used interchangeably and refers to the City of Snoqualmie, a Washington municipal corporation existing under and by virtue of the laws of the State of Washington, acting through its Mayor, City Administrator and their delegates, including but not limited to the Project Engineer. The term “City” shall also include any individuals designated to perform technical and/or administrative functions pursuant to Section 2.0, Authority. All communications with the City shall be through such individuals. D. “Allowance or Provisional Sum” is an amount established in the Contract Documents for inclusion in the Contract Price to cover the cost of Work which may or may not be carried out by Contractor and which cannot be accurately quantified at the time of Bid, with provision that variations between such amount and the finally determined cost of the prescribed items will be reflected in Change Orders appropriately adjusting the final Contract Price. Any amount included in the Contract Price but not used in the course of the Work shall be returned to the City by way of deductive Change Order. The rate or unit price provided by Contractor in its Bid (if any) shall fully compensate Contractor for all of its costs of that Work, including labor, material, supervision, overhead, profit/markup and any other direct or indirect expense related to performing the Work.

00 07 00 - 2 General Terms and Conditions 000069 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

E. “Bidder Responsibility Criteria” are criteria specified by the City in any bid invitation with which the bidder to whom the Contract is awarded as the responsive low bidder must comply, including but not limited to the criteria set forth in RCW 39.04.350(1) and the supplemental criteria adopted pursuant to RCW 39.04.350(2) and set forth in Section 00 04 00. F. “Change Order” means a written change to the Contract modifying, deleting or adding to the terms or scope of work, signed by the Mayor with or without notice to the sureties. G. “Change Proposal” means a document prepared by the Contractor at the request of the City, which proposes changes to the Work and/or changes to the Contract Price and/or Contract Time. The City shall initiate all requests for Change Proposals. H. “Claim” means a written demand by the Contractor seeking (1) a change to the Contract Price; (2) a change of Contract Time; (3) a change of Contract terms; (4) a payment of money or damages; and/or, (5) other relief arising under or relating to this Contract. I. “Council member” means the elected City Council members of the City of Snoqualmie. J. “Concurrent Delay” means a situation where both City and Contractor are responsible for delays affecting the Critical Path where none of the delay events are utilizing available Project Float. K. The “Contract” or “Contract Documents” constitute the entire integrated agreement between the City and the Contractor for the performance of the work. The Contract Documents are the following and their respective order of precedence is established in Section 1.3. L. “Contract Execution” occurs when the Mayor or his or her designee signs the Contract, which shall only occur after the Contractor signs the Contract. M. “Contract Milestone” means a specified milestone date in the Contract by which the Contractor is required to complete a designated portion or segment of the Work. “Contract Milestone” includes but is not limited to dates established for Substantial Completion of all or a designated portion or segment of the Work. N. “Contract Price” means the total amount payable by the City to the Contractor for performance of the Work in accordance with the Contract. O. “Contractor Equipment” means any equipment, machinery, or vehicles or owned by Contractor or its Subcontractors, inclusive of any such equipment, machinery or vehicles owned by an affiliate or subsidiary substantially owned or controlled by the Contractor or Subcontractor. Equipment under lease by Contractor or Subcontractor with an option to purchase is considered to be Contractor Equipment. P. “Contractor’s Representative” is the individual who has the authority to obligate, bind and speak for the Contractor on any matter involving or related to the Contract or the Project and is identified as such in the Agreement Form. Q. “Contract Time” means the number of days or the specific date set forth in the Contract to achieve the Contract Milestones, Substantial Completion, and Final Acceptance of the Work, as applicable. R. “Contract Work” or “Work” refers to the labor, materials, equipment, supplies, services, and other items, and requirements of the Contract necessary for the execution, completion and performance of all work within the Contract by the Contractor to the satisfaction of the City. S. “Contractor” means the individual, legal entity or combination thereof contracting with the City to do the Contract Work. The term also includes the Contractor's agents or employees.

00 07 00 - 3 General Terms and Conditions 000070 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

T. “Critical Path” is the longest, continuous sequence of interrelated activities that begins at the start of the Project (Notice to Proceed) and extends to Final Acceptance of the Project. This path represents the longest chain of interrelated activities throughout the network from beginning to end. These activities are considered to be critical because delay to an activity on this path will necessitate an extension of the Contract Milestones and Contract Time. U. “Day” means calendar day, unless otherwise specified. V. “Differing Site Conditions” are defined as: (1) Subsurface or latent physical conditions existing at the site on or before Contract Execution which differ materially from those indicated in the Contract Documents (Type I); or (2) Unknown physical conditions existing at the Site on or before Contract Execution, of an unusual nature, and which differ materially from those ordinarily encountered and generally recognized as inherent in the construction activities of the character provided in the Contract (Type II). W. “Direct Cost” means actual out-of-pocket costs paid by Contractor to third parties (inclusive of employees, Subcontractors, vendors, suppliers or consultants) for labor, material, equipment or supplies in performance of any Work, inclusive of Mobilization. X. “City Design Consultant” or "Design Consultant" is the individual, entity or combination thereof, contracting with the City, who will be responsible for the design of the Project. Y. “City Engineer” means the City Engineer of the City of Snoqualmie. Z. “Documentation” are technical publications relating to the use of the software or services to be provided by Contractor under this Contract, such as reference, user, as-built drawings, test results, installation, systems administration and technical guides, delivered by the Contractor to the City. AA. “Drawings” means a set of two-dimensional drawings used to describe a place or object or to communicate construction, building, or fabrication instructions. BB. “Field Directive” is a document, titled Field Directive, prepared by the City directing the Contractor to proceed promptly with specific work and shall not, in and of itself, constitute a Change Order or entitlement to an adjustment in Contract Time and/or Contract Price. CC. “Final Acceptance” and/or “Completion” is a written acceptance of the Project by the City. DD. “Float” in the Project Schedule is defined as the number of days by which a Work activity identified in the Project Schedule could be delayed from its "early start date” until the date upon which the Work activity would become a Critical Path Activity. EE. “Force Majeure” means an event that is unforeseeable at the time of Contract Execution and that is beyond the reasonable control of the Contractor and City and is limited to: 1. Natural Disasters declared by the governor of Washington or President of the United States, including but not limited to earthquakes; 2. Acts or omissions of any government entity acting within its governmental capacity; 3. Fire or other casualty for which a Contractor or its Subcontractors and/or Suppliers party are not responsible; 4. Quarantine or epidemic; 5. Strike or defensive lockout; 6. Unusually Severe Weather Conditions; and 7. Third party delay caused by utilities, municipalities or other governmental agencies unless such third party is acting for the City within the meaning of RCW 4.24.360. FF. “Hand or Other Small Tools” means any tool, piece of communication equipment, or piece of equipment with a wholesale value of less than $500.

00 07 00 - 4 General Terms and Conditions 000071 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

GG. “Hazardous Material” means any pollutant, contaminant, toxic or hazardous waste, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, flammable, explosive, radioactive material, urea formaldehyde foam insulation, asbestos, PCBs, or any other substances the removal of which is required, or the manufacture, preparation, production, generation, use, maintenance, treatment, storage, transfer, handling, or shipment of which is restricted, prohibited, regulated, or penalized by any and all federal, state, county, or municipal statutes or laws now or at any time hereafter in effect, including, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act (42 U. S. C. §§ 9601, et seq.), the Hazardous Materials Transportation Act (49 U. S. C. §§ 1801, et seq.), the Resource Conservation and Recovery Act (42 U. S. C. §§ 6901, et seq.), the Federal Water Pollution Control Act (33 U. S. C. §§ 1251, et seq.) the Clean Air Act (42 U. S. C. §§ 7401, et seq.), the Toxic Substances Control Act, as amended (15 U. S. C. §§ 2601, et seq.), and the Occupational Safety and Health Act (29 U. S. C. §§ 651, et seq)., Model Toxics Control Act (RCW 70.105), or similar state or local statute or code), as the laws have been amended and supplemented. HH. “Indirect Cost” shall mean any cost that is not a Direct Cost including Overhead. II. “Liquidated Damages” shall mean those sums that are assessed for Contractor’s failure to achieve a designated Contract Milestone, Substantial Completion, Physical Completion and/or Final Acceptance within the Contract Time. JJ. “Mobilization” means preconstruction and preparatory Work or operations by Contractor including those necessary for the movement of personnel, equipment, supplies, and incidentals to the Project Site; for the establishment of the Contractor’s offices, buildings, and other facilities necessary to undertake the work on the Project. Mobilization does not include any portion of the Work covered by specific Contracts items or incidental Work which is to be included in a Contract item or items. KK. “Mobilization Payments” means payments by City to Contractor for Mobilization in accordance with the Contract. LL. “Notice” means a written document issued by the Project Representative or the Contractor’s Representative which is submitted to the other party and delivered by: 1. Depositing in the U.S. Mail (or approved commercial express mail) prepaid to the address of the appropriate authorized representative of the City or the Contractor, which shall be effective on the date of receipt; 2. Hand delivery by courier service to the Parties’ representative or at the Contractor’s home office or field office, which shall be effective on the date of delivery; or, 3. Facsimile to the Parties’ representative or Contractor’s home office or field office, which shall be effective upon receipt. 4. Notice delivered by e-mail is effective upon request. MM. “Notice to Proceed” is a written directive issued by the City authorizing the Contractor to perform some or all of the Work. NN. “Overhead” shall mean charges that may be incurred or allocated in support of the Contract but are not part of the cost of directly performing the physical Contract construction activity. Overhead includes Site or Field Overhead and Home Office Overhead. 1. Site or Field Office Overhead. Site or Field Overhead costs are typically those costs that are related to, but are not limited to supervision, including general foremen and their supervisors, planners, schedulers, engineers, managers, etc. and the direct payroll costs of their project-related service, clerical salaries and their direct payroll costs, the costs of all vehicles, travel, meal and lodging costs associated with those personnel, Site or Field 00 07 00 - 5 General Terms and Conditions 000072 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

office and utility expense, expenses associated with all regulatory compliance, Hand and Other Small Tools provided by the Contractor for the use of its forces, all expendable supplies, and all other items incidental to or integral in supporting the physical completion of the Work. 2. Home Office Overhead. Home Office Overhead costs are typically those that include all general office expenses. Such costs include, but are not limited to those associated with officer and office salaries and related payroll taxes and benefits, costs of office occupancy and maintenance, all supporting services (such as utilities, office machines computers, and related items and support) related to the home office function, business taxes and licenses, and all such other costs necessary to operate the business entity. Home office overhead includes unabsorbed home office overhead. 3. In addition to the above, whether treated as Site or Field Overhead or as Home Office Overhead, costs of any and all bonds, insurance(s), and taxes associated with this Contract are to be considered as Overhead. All items identified above are to be treated as Overhead for this purpose regardless of how the Contractor chooses to account for them in its books of account. 4. Under no circumstances shall the City pay the Contractor for direct or allocated costs or charges for officer bonus and profit sharing, project personnel bonuses, charitable contributions, income taxes, or any costs relating to illegal activity. OO. “Parties” refers to the Contractor and the City. PP. “"Physical Completion” means the point in time following Substantial Completion by which the Contractor has physically completed all of the Work, including any minor, incidental work, correction or repair itemized in any Punch List(s) issued by City following Substantial Completion. QQ. “Project” refers to all activity relative to this Contract including activity of the Contractor, its Subcontractor and/or Suppliers, the City and the City’s Project Representative. RR. “Project Representative” is the City’s point of contact for the Contractor. The Project Representative shall be responsible for performing designated contract administrative functions as set forth in the Contract Documents. For the purpose of the Contract Documents, Project Representative may also refer to Engineers and Inspectors who may perform functions under the Contract such as review and/or inspection and the acceptance of supplies, services, or other functions of a technical nature, when acting under the direction or order of the Project Representative. The Project Representative cannot grant the Engineer or Inspector any greater authority than the authority granted to the Project Representative by the City. SS. “Project Schedule” means the Critical Path Method (CPM) schedule prepared by the Contractor in accordance with the requirements of the Contract and submitted to City setting forth the logical sequence of activities required for the Contractor's orderly performance and completion of the Work in accordance with the Contract and specifically to meet any specified Contract Milestone dates and the Contract Time. TT. “Punch List” means the list issued by the City identifying any items of Work remaining to be completed, and the time period in which completion is required, before the City will issue a determination of Substantial Completion, Physical Completion, and/or Final Acceptance, as applicable. UU. “RCW” refers to the Revised Code of Washington. VV. “Reasonable Cost” means Direct Cost and/or Indirect Cost not in excess of that which would be incurred by an objectively prudent contractor or its agents or employees in the preparation for or performance of Work required by the Contract. Without limiting the 00 07 00 - 6 General Terms and Conditions 000073 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

foregoing, costs arising from or related to the following acts or omissions do not constitute Reasonable Costs: (a) failure to comply with the Contract Documents; (b) failure to mitigate; (c) selection and/or use of equipment, machinery or tools not sufficient to complete the Work in accordance with Contract Documents and/or the conditions indicated in any geotechnical reports; (d) deviations from Contractor submittals or shop drawings; (e) failure to coordinate the Work and/or manage Subcontractors; and (f) any other acts or omissions that indicate unnecessary or inefficient conduct. Additional reimbursement limitations are set forth in Section 6, Time and Prices Adjustments. WW. “Reasonable Direct Cost” means Direct Cost not in excess of that which would be incurred by an objectively prudent contractor or its agents or employees in the preparation for or performance of Work required by the Contract. Without limiting the foregoing, costs arising from or related to the following acts or omissions do not constitute Reasonable Costs: (a) failure to comply with the Contract Documents; (b) failure to mitigate; (c) selection and/or use of equipment, machinery or tools not sufficient to complete the Work in accordance with Contract Documents and/or the conditions indicated in any geotechnical reports; (d) deviations from Contractor submittals or shop drawings; (e) failure to coordinate the Work and/or manage Subcontractors; and (f) any other acts or omissions that indicate unnecessary or inefficient conduct. Additional reimbursement limitations are set forth in Section 6, Time and Prices Adjustments. XX. “Request for a Change Order” means a document, designated as a Request For A Change Order, prepared by the Contractor requesting either (1) change in Contract Price; (2) change in Contract Time; (3) a change in Contract Work; (4) a payment of money or damages; and/or (5) any other relief arising out of or relating to this Contract. YY. “Request for Information” is a request from the Contractor to the City seeking an interpretation or a clarification of some requirement of the Contract Documents. ZZ. “Site” or “Project Site” shall be understood to refer to the location at which construction, equipment or services furnished by the Contractor under the Contract will be performed, completed and/or delivered. AAA. “Subcontractor(s)” shall mean an individual, legal entity or combination thereof having a contract, purchase order, or agreement with the Contractor, or with any Subcontractor of any tier for the performance of any part of the Contract. When the City refers to Subcontractor(s) in the Contract Documents, for the purposes of the Contract Documents and unless otherwise stated herein, the term Subcontractor(s) includes, at every level and/or tier, all Subcontractors and subconsultants. BBB. “Supplier(s)” shall mean any person or firm who is not performing work or supplying labor on Site and is engaged in the business of supplying a manufactured product or resource to the City, Contractor, or Subcontractors. The term Suppliers includes materialmen, manufacturers, and fabricators. CCC. "Specifications” is a section of the Contract consisting of written descriptions of services to be performed, the goods to be provided and/or the technical requirements to be fulfilled under this Contract contained within the Specifications Section. DDD. “Substantial Completion” means that stage in the progress of the Work where: 1. The City has full and unrestricted use and benefit of the facilities for the purpose intended; 2. All the systems and parts of the Contract Work are functional; 3. Utilities are connected and operate normally; 4. Only minor incidental work, correction or repair remains to complete all Contract requirements; and, 00 07 00 - 7 General Terms and Conditions 000074 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

5. At the City’s option, the Contractor has provided all occupancy permits and easement releases. As provided in the Contract, the City may grant Substantial Completion to specific subsystems or portions of the Work. The date(s) of Substantial Completion shall be determined, in writing, by the City. EEE. “Unusually Severe Weather Conditions” shall be defined and calculated as follows if the existence of any of the following conditions has a specific negative impact to the Critical Path and could not have been avoided by resequencing of the Work or by using other reasonable alternatives: 1. Daily rainfall equal to, or greater than, 2.0 inched in a 24 hour period. 2. Ice, snow and other weather conditions, not described above, may be considered as unusually severe at the sole discretion of the City upon written request by the Contractor. Such written request shall describe in detail the weather conditions, identify the specific impacts resulting from the weather condition, and be submitted to the City within five (5) days of the onset of the claimed unusually severe weather condition. To preclude the difficulties of actual measurement, the parties hereto agree that weather data at the Site of the Work shall be expressly deemed to be the same as that measured at the Seattle-Tacoma International Airport by the Environmental Data and Information Service of the National Oceanic and Atmospheric Administration (“NOAA”) of the U. S. Department of Commerce, unless otherwise specified in the Contract Document’s technical specifications. Precipitation (such as rain, hail or snow), low temperature, windstorms, ice, and other conditions which could reasonably have been anticipated from the National Weather Service historical records for the general locality of the Work shall not be construed as unusually severe weather. For the purposes of this section, a “month” shall mean a calendar month and a “week” shall mean a calendar week of Sunday through Saturday. 1.2 Intent and Interpretation of the Documents A. The Contract Documents constitute the entire and integrated agreement between the parties hereto and supersede all prior negotiations, representations, or agreements, either written or oral. B. The Contract Documents shall not be construed to create a contractual relationship between any parties other than the City and the Contractor. No contract between the City and a third party shall be construed to create any duty on the part of the City or such third party to the Contractor. The Contractor is not an intended or incidental beneficiary of any promises made in the City’s contract with a third party, if any. C. The Contract Documents are intended to be complementary. What is required by one part of the Contract shall be as binding as if required by all. Should any conflict or inconsistency be found in the Contract Documents, the City shall resolve any such conflict or inconsistency in accordance with the Order of Precedence Section herein. D. Where the words “similar,” “typical” (or their equivalents) are used in the Contract, they shall mean nearly corresponding to, or having a substantial likeness to. Such words shall not be construed to mean that all parts of the Work referred to are identical or substantially identical, or that such elements of the Work are connected identically or substantially identically to the rest of the Work. The Contractor has the responsibility to determine all details of the Work in relation to their location and connection to other parts of the Work. 00 07 00 - 8 General Terms and Conditions 000075 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

E. The organization of the specifications into divisions, provisions and articles and the organization of the drawings shall not control the Contractor in dividing the Work among Subcontractor and/or Suppliers or in establishing the extent of Work to be performed by any trade. Contractor is responsible for establishing the manner, means, methods, and mode of performance of the Contract Work. 1.3 Order of Precedence A. Any conflict or inconsistency between the terms or conditions of the Contract Document shall be resolved by the following descending order of precedence (with 1 taking precedence over 2, 3, 4, 5, 6 and 7; 2 taking precedence over 3, 4, 5, 6 and 7; and so forth): 1. Change Orders; 2. The signed Agreement Form (Section 00500); 3. The Supplemental Terms and Conditions (Section 00800) 4. The General Terms and Conditions (Section 00700); 5. The Specifications as modified by Addenda or Change Orders; provisions in Division 1 shall take precedence over provisions of any other Division; 6. Drawings, as modified by Change Orders; 7. All other sections in Division 0 not specifically identified herein by Section; and 8. Affidavits, Certifications and bonds. 9. Appendices 10. Geotechnical Baseline Report (GBR), if any B. IN THE EVENT THERE EXISTS A CONFLICT, INCONSISTENCY, OR AMBIGUITY WITHIN THE TERMS OR CONDITIONS OF ONE OF THE CONTRACT DOCUMENT CATEGORIES SET FORTH ABOVE, THE MORE STRINGENT REQUIREMENTS, AS DETERMINED BY THE CITY, SHALL BE DEEMED TO HAVE BEEN INTENDED AND TO HAVE BEEN INCLUDED IN THE ORIGINAL CONTRACT PRICE. C. ANY GEOTECHNICAL OR SOILS REPORTS PROVIDED TO CONTRACTOR BEFORE OR AFTER BID SHALL HAVE THE FOLLOWING ORDER OF PRECEDENCE SUCH THAT ANY CONFLICTS OR INCONSISTENCIES SHALL BE RESOLVED BY THE FOLLOWING ORDER OF PRECEDENCE: (1) GEOTECHNICAL BASELINE REPORT (GBR); (2) GEOTECHNICAL DATA REPORT (GDR); (3) GEOTECHNICAL DESIGN REPORT; (4) OTHER SOILS REPORTS, BORINGS, TEST PITS OR ADDITIONAL INVESTIGATIVE DATA NOT CONTAINED ELSEWHERE. WITHOUT LIMITING THE FOREGOING, BASELINE STATEMENTS IN THE GBR SHALL TAKE ABSOLUTE PRECEDENCE OVER ANY DATA IN THE GDR OR ELSEWHERE (OR ANY INFERENCE OR INTERPOLATION FROM SUCH DATA) EVEN IF THE BASELINE STATEMENTS EXCEED THE PHYSICAL CONDITIONS IDENTIFIED IN THE DATA. 1.4 Clarification of Drawings and Detail Drawings A. Where on any Drawing a portion of the Work is drawn out and the remainder is indicated in outline, the drawn out parts shall apply also to other similar portions of the Work. Where ornament or other detail is indicated by starting only, such detail shall be continued throughout the courses or parts in which it occurs and shall apply to all other similar parts of the Work, unless otherwise indicated. B. With regard to Drawings the following shall apply: 1. Drawing may not be to scale and written dimensions shall be followed;

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2. Figure dimensions on drawings shall govern over scale dimensions and detail drawings shall govern over general drawings. 1.5 Local Requirements A. Local jurisdiction requirements shall apply to all work. The following jurisdictions should be contacted when work falls within the jurisdiction: 1. City of Snoqualmie; and/or 2. King County SECTION 2: CITY 2.0 Authority A. Unless the City, in writing, indicates otherwise, the authority to (1) commit to or bind the City to any Change Orders or Change in Contract Work, Contract Price and/or Contract Time; or (2) sign the Contract or Change Orders rests solely in the City’s Mayor or its designee. B. The City shall identify the Project Representative for the Contract in writing prior to or concurrent with the City’s issuance of the Notice to Proceed. C. The Project Representative is the City’s point of contact for the Contractor. D. The Project Representative shall be responsible for ensuring strict compliance with the terms of the Contract and safeguarding the interest of the City in its contractual relationships. The Project Representative shall have the authority to administer the Contract. Administration of the contract by the Project Representative includes but is not limited to: 1. Receiving all correspondence and information from the Contractor; 2. Issuing Field Directives; 3. Issuing Request for Change Proposals; 4. Responding to Requests For Information; 5. Reviewing the schedule of values, project schedules, submittals, testing and inspection reports, substitution requests, and other documentation submitted by the Contractor; 6. Negotiating Change Proposals and Change Orders; 7. Recommending Change Orders for approval by the Mayor or its designee; 8. Issuing decisions with respect to Requests for Change Orders and Claims; 9. Processing payment requests submitted by the Contractor, and recommending payment; 10. Monitoring the quality of the work, rejecting noncompliant work, and recommending acceptance of the work; 11. Transmitting executed Change Orders, Amendments, and other Contract correspondence to the Contractor; and 12. Performing all other contract administrative functions. E. All correspondence, questions, and/or documentation regarding the Contract or the Project shall be submitted to the Project Representative. F. The Project Representative may designate Technical Representatives to perform functions under the Contract, such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical or administrative nature. 1. The Project Representative will provide a written notice of such designation to the Contractor. The designation letter will set forth the authority of the Technical Representatives under the Contract.

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2. The Project Representative may add to or modify in writing these designations from time to time. 3. The Project Representative cannot grant a Technical Representative greater authority than the authority of the Project Representative. 2.1 Information Supplied by City A. Unless otherwise specifically provided in the Contract, surveys and site information provided by the City are intended to describe the general physical characteristics of the Site for the information of all bidders. The City does not represent that this information is complete or sufficient for the Contractor’s performance of the Work. B. The City shall furnish to the Contractor five copies of the Contract Documents (including half-size copies of the Contract drawings), one full-size set of Contract drawings, and one copy of any permits obtained by the City. The Contractor shall pay the City for any additional copies of Contract Documents. C. The Contractor shall keep at least one set of Contract Documents at the Site at all times for record notes and review by the City. D. All Drawings and Specifications furnished by the City are solely for use on this Contract and are not to be used by the Contractor on any other work. 2.2 Work by City or Separate Contractors The City reserves the right to perform work not included in the Contract or to let other contracts in connection with this Project.

SECTION 3: CONTRACTOR 3.0 Contractor Representations The Contractor makes the following representations to the City:

A. Before submission of its bid, the Contractor has: 1. Carefully reviewed the Contract Documents, and visited and examined the Site. 2. Become familiar with the general and local conditions in which the Work is to be performed, and satisfied itself as to the nature, location, character, quality and quantity of Contract Work, the labor, materials, equipment, goods, supplies, work, services and other items to be furnished and all other requirements of the Contract Documents, as well as the surface and subsurface conditions and other matters that may be encountered at the Site or affect performance of the Contract Work or the cost or difficulty thereof; and 3. Become familiar with and satisfied itself as to the conditions bearing upon transportation, disposal, handling, and storage of materials; and 4. Become familiar with and satisfied itself as to the availability of labor, water, electric power, and roads; and the uncertainties of traffic, weather, or similar physical conditions at the site. B. Any failure of the Contractor to take the action described in this provision or elsewhere in the Contract Documents will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the Work, or for proceeding to successfully perform the Work without additional expense to the City. C. The Contract Price is reasonable compensation for the Work and the Contract Time is adequate for the performance of the Work as represented by the Contract, site visit, and the

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general conditions (including but not limited to weather, site, soil) known or reasonably anticipated for the Site; and D. The Contractor is financially solvent, able to pay its debts as they mature, and possesses sufficient working capital to complete the Work and perform the Contractor’s obligations required by the Contract; and E. The Contractor is able to furnish plant, tools, material, supplies, equipment, and labor required to complete the Work and perform the obligations required by the Contract and has sufficient experience and competence to do so; and F. The Contractor shall perform at the Site, and with its own forces, work equivalent to at least fifty percent (50%) of the Contract Price. 3.1 General Duties A. The Contractor shall give sufficient supervision to the Work, using its best skill and attention. The Contractor is hereby given notice that the City will be relying on the accuracy, competence and completeness of the Contractor’s work. The Contractor shall supervise and be solely responsible for the proper performance of the Work in accordance with the Contract, including the construction means, methods, techniques, sequences, procedures, and for coordination of all portions of the Work. B. Unless specified elsewhere in the Contract, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction machinery, utilities, transportation, and other facilities and services (including federal and state tax, industrial insurance, social security liability and all other applicable taxes) necessary for the proper execution and completion of the Work. C. The Contractor shall also provide sufficient staffing and supervision to process Requests for Information, Change Proposals, Submittals, Change Orders, close out documentation, and to perform all other requirements of the Contract and all Work. D. The Contractor shall lay out its Work from baselines and benchmarks indicated in the Contract and shall be responsible for the accuracy of all field measurements used in the layout. 3.2 Duty to Inspect Contract Documents A. The Contractor shall carefully study and compare all Contract Documents and verify the conditions, dimensions, and instructions as stated therein. B. The Contractor shall immediately notify the City in writing of any: 1. Error, inconsistency, or omission in the Contract Documents that a reasonable contractor knew or through the exercise of reasonable diligence should have discovered under the same and similar circumstances. 2. Requirement in the Contract Documents that conflicts with any local, state and federal laws, regulations and/or permits, licenses and easement conditions that a reasonable contractor knew or through the exercise of reasonable diligence, should have discovered under the same and similar circumstances. C. The Contractor should not proceed with the Work in question until the Contractor receives written direction from the Project Representative. D. If the Contractor proceeds with the Work in question without written direction from the Project Representative, the Contract shall be responsible for any costs or damages associated with: 1. Fines or penalties; 00 07 00 - 12 General Terms and Conditions 000079 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

2. Demolition, tear out, removal, cleanup, remediation, or fixing the work in question; and 3. Delay, disruption, and loss of productivity. E. The Contractor’s failure to timely discover and immediately report such errors, inconsistency, or omissions and conflicts in regulatory requirements, permits, license or easements to the City shall preclude the Contractor’s recovery of costs and time resulting from the Contractor failure to timely discover and/or immediately notify the City of such errors, inconsistency, or omissions. 3.3 Communications A. Communication with the Contractor shall be through the Contractor’s Representative. B. The Contractor shall notify the City immediately if the Contractor’s Representative is changed and identify the name of the new Contractor’s Representative and effective date of the change. 3.4 Contractor’s Supervision and Employees A. The Contractor has an obligation to provide qualified and competent people in sufficient number to administer the Contract and perform all the Work necessary to complete the Project as provided for in the Contract. B. During performance of the Work the Contractor shall have qualified full-time supervisory personnel on-site and available to administer, manage and coordinate the Work. The City shall not be responsible for the acts or omissions of the supervisory personnel or their assistants. C. The Contractor shall provide the identities of all supervisory personnel to the City prior to commencement of the Work. The Contractor shall not change supervisory personnel except with the written notice to and approval by the City. The Contractor shall provide the City with written notice of any replaced supervisors. D. If this Contract was awarded pursuant to a bid invitation that required Contractor to comply with Bidder Responsibility Criteria, Contractor may not alter or modify the Contractor’s personnel or other resources or equipment listed by Contractor to comply with such criteria at the time of bid, unless the City expressly consent in advance in writing. E. If the Contract was awarded to Contractor after a prequalification, best value proposal or other similar procurement wherein Contractor represented that specific key personnel (i.e., Project Manager and/or General Superintendent) would be used to carry out the Work or fulfill any Contract responsibilities, Contractor’s failure to use such key personnel after award of the Contract shall constitute a breach of Contract entitling Contracting Agency at its option to any and all remedies, including but not limited to specific performance, revocation of the Contract Award, refusal to authorize Notice to Proceed, suspension of Work for such time period as is necessary for Contractor to comply with the Contract by mobilizing the specific individuals, and/or termination of the Contract F. The Contractor shall at all times enforce good order among all persons furnishing labor or materials on-site and shall only employ workers skilled in the work assigned. If requested by the Project Representative, Contractor shall provide the Project Representative with copies of licenses, registrations, and certifications. 1. The City shall have the right to require the Contractor to remove personnel from the Site that, in the City's sole opinion, do not have the appropriate qualifications and/or experience to meet or uphold the requirements of the Contract. The City shall also have

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the right to order the Contractor to replace personnel who demonstrate unprofessional behavior. 2. Failure by the City to require removal of any Contractor personnel shall not be deemed an admission that any such personnel are satisfactory, nor shall such failure relieve the Contractor from any obligation or responsibility under the Contract. 3.5 Contractor’s Duty When City Performs Work On-Site A. The Contractor shall coordinate its Work with the City and other City contractors and, at the City’s request, participate in meetings for the purpose of coordinating the Contractor’s construction schedule with those of other contractors at no additional cost to the City. To the extent a direct conflict exists with regard to access to the Site, if the contractors cannot work out a resolution that has no impact on Contract Price, Contract Time, and any milestones in the Contract Documents, the Project Representative shall issue written direction to resolve the conflict. B. The Contractor shall not cut, excavate, alter, impair, or otherwise engage in work activity that inhibits the work of any other contractors without the prior written consent of the City. C. If any part of the Contractor’s Work depends, for proper execution or results, upon the prior work of the City or any other contractor, the Contractor shall, before performing the affected Work, inspect and give prompt notice of any apparent discrepancies or defects in the prior work that renders it unsuitable for the reception of Contractor’s Work. Contractor’s failure to so inspect and/or to give such prompt notice to the City shall constitute an acceptance of the prior work as fit for the reception of its work. 3.6 Materials and Equipment Furnished by City A. Unless otherwise specifically provided in the Contract Documents, if the Contract requires that the Contractor install materials and equipment provided by the City, in the absence of a reasonably apparent defect, such materials and equipment shall be considered compliant with the Contract Documents. 1. If the Contractor discovers defects in the City-furnished material or equipment the Contractor shall immediately notify the City in writing. 2. After such discovery, the Contractor shall not proceed with Work involving such City materials and equipment unless otherwise authorized in writing by the City. 3. Contractor’s failure to provide immediate written Notice of any defects in material or equipment shall constitute acceptance of such materials and equipment as fit for incorporation into the Work. 4. Contractor shall be responsible for any damages or delays resulting from Contractor’s failure to provide timely written Notice or Contractor’s improper incorporation of such defective materials or equipment into the Work. B. Unless otherwise specifically provided in the Contract Documents, materials and equipment furnished by the City, which are not of local origin, are considered to be Free On Board “FOB” to the point of destination which is the railroad, truck or port terminal nearest to the Site. 1. The City shall inspect the equipment at the point of destination and notify the Contractor that the City-furnished material and equipment is available for immediate receipt, possession, and inspection at the point of destination. 2. Upon such notice, the Contractor shall, within seven (7) days, inspect such City- furnished material and equipment at point of destination and provide immediate written

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Notice of rejection of said material and equipment if it is defective or does not meet the requirements of the Contract. a. The Contractor shall identify the causes for its rejection, including but not limited to the specific defect or nonconformance with the Contract. b. Failure to provide such written rejection shall result in a presumption that the Contractor accepts the City-furnished material and equipment, except as to defects not then reasonably discovered. c. After receipt by the Contractor at the point of destination all risk of loss and damage to such materials and equipment shall be borne by the Contractor. The Contractor shall promptly unload, transport, store and/or protect such material and equipment from damage. 3.7 Subcontractor and Suppliers A. This Contract is between the City and the Contractor. 1. The Contractor’s subcontracting shall create no contract between the City and the Subcontractor and Suppliers. Subcontractors and Suppliers are not intended or incidental third party beneficiaries to the Contract. The Subcontractor and Suppliers shall have no rights against the City by reason of any subcontract or other agreement with the Contractor. 2. The Contractor will be responsible for performing all Work as required by the Contract. The Contract has not been written with the intent of, and City shall not be a party to, defining the division of work between the Contractor and its Subcontractors and Suppliers. 3. The Contractor shall be responsible for all Work and material furnished, and no subcontract shall in any case release the Contractor of its obligations or liability under this Contract and the Performance and Payment Bond. B. Selection of Subcontractors and Suppliers 1. Subcontractors and Suppliers shall be properly licensed, registered or certified, as applicable, and capable to perform the assigned work. 2. If requested by the City, the Contractor shall provide documentation that the proposed Subcontractors and Suppliers are sufficiently qualified, experienced and equipped to do the Work. 3. The Contractor shall require each Subcontractor and Supplier to comply with all provisions of this Contract. At the request of Subcontractors or Suppliers, Contractor shall make available for copying all Contract Documents. 4. If this Contract was awarded pursuant to a bid invitation that required Contractor to comply with Bidder Responsibility Criteria, Contractor may not alter or modify the Subcontractors, Suppliers or key personnel listed by Contractor to comply with such criteria at the time of bid, unless the City expressly consent in advance in writing. C. Responsibility for Work of Subcontractors and Suppliers. The Contractor shall be responsible for the acts and omissions of Subcontractors and Suppliers. The Contractor shall also be responsible for the suitability of any materials, components, equipment or supplies furnished by a Subcontractor and/or Supplier irrespective of whether such were designated or approved by the City. D. Removal of Subcontractor and Suppliers. If dissatisfied with any part of the subcontracted Work or a Subcontractor’s or Suppliers’ performance of the Work and/or materials supplies on the Project, the City may request in writing that the Subcontractor be removed and/or 00 07 00 - 15 General Terms and Conditions 000082 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

Supplier be replaced. The Contractor shall comply with this request at once, and shall not, for the duration of this Contract, either (1) employ the removed Subcontractor for any further work, or (2) purchase any more materials from the rejected Supplier. E. Substitution of Subcontractor or Supplier. Contractor shall not substitute any Subcontractor or Supplier without the City’s prior written consent. 3.8 Schedule of Working Hours, Overtime, and Shift Work A. As specified in the Contract, the Contractor shall submit a schedule of working hours, including overtime and shift work, to the City for acceptance. This schedule shall comply with RCW 49.28 and all other Contract requirements. B. The schedule of working hours accepted by the City shall be the only schedule used by the Contractor during performance of Work in the Contract, unless approved in writing signed by the City. C. The Contractor shall provide 48 hours advance written Notice of any intent to work outside of regular working hours as defined in the Contract Documents or on Sundays or holidays as defined by the State of Washington. Any Work performed after regular working hours or on Sundays or holidays, shall be performed without additional expense to the City, except as otherwise provided in the Contract Documents. D. Work hours shall comply with the requirements of the local agency with jurisdiction and the permits for the project. 3.9 Record Documents A. The Contractor shall keep a copy of the Contract Documents on the Site. B. The Contractor shall further keep at the Site an accurate, readable, and orderly record set of drawings and specifications, updated as the job progresses to show all approved changes, options, alternates, and all actual deviations from the original Contract Documents. This set of drawings and specifications shall be the Record Documents. 1. The Record Documents shall be maintained in hard copy and at the City’s option, in electronic format meeting the City’s requirements. The technical specifications shall state the electronic format. 2. In addition to all approved changes, options, alternates, and all actual deviations from the original Contract Documents, the Record Documents shall be marked as follows: a. Record all materials used where options, alternates and/or change orders were indicated, specified and/or authorized; b. Accurate measurements referenced to two permanent structures shall be recorded to show the exact location and changes in direction of all underground services and utilities, as well as their approximate depth below finished grade; c. Update the Record Documents with information about each item of capital equipment or other fixed asset installed, including type of equipment, make, model, serial number, and acquisition cost; d. Update the Record Documents identifying each item of capital equipment or other fixed asset removed from the Project, including type of equipment or fixed asset, make, model, serial number and description of location from which it was removed; and e. Record all other requirements as specified in the Technical Specifications.

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C. The Record Documents shall be kept up-to-date and be available for review by the City at all times, including but not limited to at each job progress meeting. Failure to have the record set up-to-date shall be sufficient reason for the City to withhold payment in accordance with Section 7.2, Payments Withheld, until all such information is recorded. D. Record Documents may be used to assist the City to verify the appropriate progress payment. 3.10 Cost Records A. The Contractor and Subcontractors and Suppliers shall maintain Project cost records by cost codes and shall segregate and separately record at the time incurred all costs (1) directly associated with each work activity and (2) directly or indirectly caused by any event or condition for which the Contractor seeks an adjustment in the Contract Price, Contract Time, and/or damages. 1. Any costs claimed to be caused by any such event or condition, including, but not limited to, delay and impact costs, acceleration costs, loss of productivity or efficiency, and increased or extended overhead, shall be recorded at the time incurred and be fairly and accurately allocated by cause to each such event or condition and to other causes of such costs. 2. The City shall be provided with a detailed description of all such costs and the basis of allocation. The Contractor, Subcontractors, and Suppliers shall maintain a monthly summary of all costs and shall make all underlying cost records and monthly summary of costs available for review, inspection, and copying by the City upon request. 3. Any work performed for which the Contractor intends to seek an adjustment in Contract Price and/or Contract Time shall be recorded on the same day the work is performed and kept separate so as to distinguish it from Contract Work. B. In addition to the requirements set forth in Section 5, Changes to the Contract, and 6, Time and Price Adjustments, the Contractor shall not be entitled to a Change Order, an adjustment to the Contract Price, a Claim or any other extra compensation for an event or condition and/or the recovery of damages if cost records specified herein are not kept in full compliance with all Contract requirements. 3.11 Maintenance and Inspections of Documents A. All Contractor’s, Subcontractor’s, and Supplier’s documents and records (physical and electronic) relating to the Contract shall be open to inspection, audit, and/or copying by the City or its designee regardless of the existence of a Claim or Request for Change Order: 1. During the Contract Time; and 2. For a period of not less than six years after the date of Final Acceptance of the Contract (“Preservation Period”): or if any Claim, audit or litigation arising out of, in connection with, or related to this Contract is initiated, all documents shall be retained until such Claim, audit or litigation is resolved or completed, whichever occurs later. B. The Contractor shall also guarantee that all Subcontractors and Suppliers documents shall be retained and made available for similar inspection, audit and/or copying during the Contract Time and the Preservation Period or longer as may be provided in Section 3.11A. C. The City or its designee may exercise its right to perform inspection, audit, and/or copying of all records or documents described herein at any time with not less than five (5) days written Notice, provided however, if an audit or inspection is to be commenced more than sixty (60) days after the Final Acceptance date of the Contract, the Contractor will be given twenty (20) days Notice of the time when the audit or inspection is to begin.

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D. The Contractor, Subcontractors, and Suppliers shall provide adequate facilities, acceptable to the City, for inspection, auditing, and/or copying during normal business hours. E. If the Contractor is formally dissolved, becomes insolvent, is acquired or sells substantially all of its assets or assigns or otherwise divests itself of its legal capacity under this Contract, then it shall immediately notify the City in writing and preserve all records and documents, at its expense, as directed by the City. F. The Contractor, Subcontractors and Suppliers shall be subject to audit, inspection and/or copying as provided herein at any time with respect to this Contract up to the maximum period allowed under Section 3.11A. Failure to maintain and retain records and documents and required herein or failure to allow the City to verify all costs or damages or failure to permit the City access to the books and records of the Contractor, Subcontractors and Suppliers shall constitute a waiver of the rights of the Contractor, Subcontractors, and Suppliers to Claim or be compensated for any damages, additional time or money under this Contract. G. At a minimum, the following documents, including the machine readable electronic versions, shall be available for inspection, audits, and/or copying by the City or the Project Representative: 1. Daily time sheets and all daily reports, Supervisor’s reports, and inspection reports; 2. Collective bargaining agreements; 3. Insurance, welfare, and benefits records; 4. Payroll registers; 5. Earnings records; 6. All tax forms, including payroll taxes; 7. Material invoices and requisitions; 8. Material cost distribution worksheets; 9. Equipment records (list of Contractor’s, Subcontractors’, and Suppliers’ equipment, rates, etc.); 10. Contracts, purchase orders and agreements between the Contractor and each Subcontractor and Supplier; 11. Subcontractors’ and Suppliers’ payment certificates; 12. Correspondence, including email, with Subcontractors and/or Suppliers; 13. All meeting notes by and between Contractor, Subcontractors, Suppliers and/or any third parties related to the Project; 14. Canceled checks (payroll and vendors); 15. Job cost reports, including monthly totals; 16. Job payroll ledger; 17. Certified payrolls; 18. General ledger; 19. Cash disbursements journal; 20. Escrow bid documents, take off sheets, and calculations used to prepare the bid and/or quotes; 21. Take off sheets, calculations, quotes, other financial data to support change proposals, request for change order and/or claims;

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22. Financial statements for all years during the Contract Time. In addition, the City may require, if it deems appropriate, additional financial statements for 3 years preceding execution of the Contract and 6 years following Final Acceptance of the Contract; 23. Depreciation records on all Contractor’s, Subcontractor’s, and Supplier’s equipment, whether these records are maintained by the Contractor, Subcontractors, and Suppliers involved, its accountant, or others; 24. If a source other than depreciation records is used to develop costs for the Contractor’s internal purposes in establishing the Actual Cost of owning and operating equipment, all such other source documents; 25. All documents which relate to each and every Claim together with all documents which support the amount of damages as to each Claim; 26. Worksheets or software used to prepare the Claim establishing the cost components for items of the Claim including but not limited to labor, benefits and insurance, materials, equipment, Subcontractors, Suppliers, all documents which establish time periods, individuals involved, the hours for the individuals, and the rates for the individuals; 27. Worksheets, software, and all other documents used (a) by the Contractor to prepare its bid and schedule(s) and/or (b) to prepare quotes and bids to the Contractor; 28. All schedule documents, including electronic versions, planned resource codes, or schedules and summaries; 29. All submittals; and, 30. All other documents, including email, related to the Project, Claims, or Change Orders. The Contractor shall mark any documentation it considers proprietary or confidential accordingly. Such information will be treated as such by the City; however, the City cannot insure that this information will not be subject to release pursuant to a public disclosure request, court order or subpoena from a third party. In the event the City receives a request for such information, the City will immediately advise the Contractor and will not release requested information for a period of not less than ten days in order to give the Contractor an opportunity to obtain a court order prohibiting the release of the information in response to the public disclosure request, court order or third-party subpoena. 3.12 Maintenance and Site Cleanup A. The Contractor shall at all times keep the Site, access points, and public rights-of-way free from accumulation of dirt, mud, waste materials or rubbish caused by the Contractor or Subcontractors. At the completion of the Contract Work, the Contractor shall remove and lawfully dispose of all its dirt, mud, waste materials, rubbish, tools, scaffolding and surplus or partly used materials from the Site and shall leave the Site broom clean unless a different standard is specified in the Contract. B. The Contractor shall obey all applicable laws and regulations relating to the storage, use, and disposal of Hazardous Materials. The Contractor shall promptly notify the City of all spills or releases of Hazardous Materials on or near the Project Site regardless of the cause, and, if the spill or release was caused by the Contractor, Subcontractors, Suppliers or other person for whom the Contractor is responsible, the Contractor will pay the cost to promptly clean up all such spills or releases and any associated fines or penalties. The Contractor shall maintain documentation of the clean up and disposal of all spills or releases of Hazardous Materials on or near the Project Site. C. In case of a dispute over clean up, the City may, after written notice to the Contractor, sweep surfaces or remove the dirt, mud, waste materials, rubbish, or hazardous materials and charge all costs of such work to the Contractor. The City may charge the Contractor or deduct such

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costs from payments otherwise due the Contractor pending a resolution of the dispute or exercise its rights under the Performance and Payment Bond. In the event there are insufficient funds remaining, excluding retention, the Contractor shall pay the City for the costs associated with maintenance and site cleaning. 3.13 Protection of Existing Structures, Equipment, Vegetation, Utilities, and Improvements A. Contractor shall protect from damage all existing structures, equipment, improvements, utilities, trees, and vegetation not shown in the Contract Documents to be removed or modified at or near the Site. Contractor shall repair, at no cost to the City, any such damage resulting from failure to comply with the requirements of the Contract or failure to exercise reasonable care in performing the Work. If Contractor fails or refuses to repair the damage promptly, City may have the necessary work performed and deduct or charge the cost to Contractor or exercises its rights under the Performance and Payment Bond. In the event there are insufficient funds remaining, excluding retention, the Contractor shall pay the City for the costs associated with protection and repairing the damages. B. For the various phases of construction of this Project, Contractor shall protect from damage all existing structures, equipment, improvements, utilities, trees, and vegetation not shown in the Contract Documents or the approved project schedule to be removed or modified at or near the Site during that phase of work. Contractor shall repair, at no cost to the City, any such damage resulting from failure to comply with the requirements of the Contract or failure to exercise reasonable care in performing the Work. If Contractor fails or refuses to repair the damage promptly, City may have the necessary work performed and deduct or charge the cost to Contractor or exercise its rights under the Performance and Payment Bond. In the event there are insufficient funds remaining, excluding retention, the Contractor shall pay the City for the costs associated with protection and repairing the damages. 3.14 Permits, Laws and Regulations A. Except those permits, easements, licenses, and variances specified in the Contract as having been previously obtained by the City, all permits, easements, licenses and variances necessary for the execution of the Work shall be secured and paid for by the Contractor. The Contractor shall identify and apply for such permits, easements, licenses and variances at the earliest possible time so as to avoid any delay to the Contract Work arising from the approval, permitting and/or licensing process. No actions taken by the City to aid the Contractor in securing any permit, easement, license or variance shall relieve the Contractor of any obligations to timely secure any such permit, easement, license or variance. B. The Contractor shall also maintain all stamped permit sets of documents at the Site during construction, in good condition and as required by local ordinances. C. The Contractor shall perform all work hereunder in full compliance with local, state and federal laws, ordinances, resolutions and regulations, and with permit, license, easement, and variance conditions pertaining to the conduct of the Work. The Contractor shall defend, indemnify, and hold the City harmless from any assessment of fines, penalties, or damages arising from violations of the same by the Contractor or Subcontractor or Suppliers. The Contractor shall pay and provide proof of payment for any assessments of fines, penalties or damages. The Contractor shall cooperate with all governmental entities regarding inspection of the Work and compliance with such requirements. D. If the Contractor discovers that the Drawings, Specifications or other portions of the Contract Documents are in conflict with any local, state, and federal laws, City resolutions, regulations and/or permit, license, and easement conditions, the Contractor shall promptly notify the City in writing of such conflict and await resolution of the conflict. If the Contractor proceeds with the work in question without resolution from the City, the Contractor shall be solely liable for 00 07 00 - 20 General Terms and Conditions 000087 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

any costs, fines, penalties or damages that accrue, including the costs for remedial work required to meet the law or condition. E. The Contractor is required to pay all applicable taxes. No adjustment will be made in the amount to be paid by the City under the Contract because of any change in law or regulations covering any applicable taxes, or because of any misunderstanding by the Contractor as to its liability for or the calculation of the amount of any taxes. 3.15 Patents and Royalties A. The costs or fees relating to royalties or claims for any patented invention, article, process or method that may be used upon or in a manner connected with the Work under this Contract or with the use of completed Work by the City shall be paid by the Contractor. The Contractor and its sureties shall protect and hold the City, and its officers, agents and employees, harmless against any and all demands made for such fees or claims brought or made by or on behalf of the holder of any invention or patent. Before final payment is made on the account of this Contract, the Contractor shall, if requested by the City, furnish acceptable proof of a proper release from all such fees or claims. B. Should the Contractor, its agent, representatives or employees, or any of them, be enjoined from furnishing or using any invention, article, material or appliances supplied or required to be supplied or used under the Contract, the Contractor shall promptly notify the City of the Contractor’s intent to substitute other articles, materials or appliances in lieu thereof which are of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the City. In the event the City elects, in lieu of such substitution, to have supplied and to retain and use any such invention, article, material or appliances as may be required to be supplied by the Contract, the Contractor shall pay all royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, representatives and employees, or any of them to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly or to pay such royalties and secure such licenses as may be necessary, then in that event the City shall have the right to make such substitution or the City may pay such royalties and secure such licenses and charge the Contractor, even though final payment under the Contract may have been made. 3.16 Contractor’s Certification A. Conflict of Interest. The Contractor certifies (and shall require each Subcontractor to certify) that it has no direct or indirect pecuniary or proprietary interest, and that it shall not acquire any such interest, which conflicts in any manner or degree with the work, services or materials required to be performed and/or provided under this Contract and that it shall not employ any person or agent having any such interest. In the event that the Contractor or its agents, employees or representatives acquires such a conflict of interest, the Contractor shall immediately disclose such interest to the City and take action immediately to eliminate the conflict. B. Contingent Fees and Gratuities. The Contractor, by entering into this Contract with the City to perform or provide work, services or materials, has thereby covenanted: 1. That no person or selling agency, except bona fide employees or designated agents or representatives of the Contractor, has been or will be employed or retained to solicit or secure this Contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee may be paid; and,

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2. That no gratuities, in the form of entertainment, gifts or otherwise, have been or will be offered or given by the Contractor or any of its agents, employees or representatives, to any employee, agent or representative of the City or other governmental agency with a view toward securing this Contract or securing favorable treatment with respect to the awarding or amending thereof, or the making of any determination with respect to the performance of this Contract. The Contractor certifies that it has not made any contributions to any person or entity as a condition of doing business with the City and it has disclosed to the City all attempts by any person to solicit such payments. 3.17 Deviation from Contract A. The Contractor shall not make an alteration, variation, addition, deviation, or omission from the requirements of the Contract without the prior written consent of the Project Representative. B. Any such alteration, variation, addition, deviation, or omission by the Contractor shall not result in any extra compensation or extension of any Contract Milestone or Contract Time. C. The City shall have the right to treat any such alteration, variation, addition, deviation, or omission from the requirements of the Contract as a contract breach if prior written consent is not obtained from the Project Representative, which may be justification for the City to withhold payment, stop work, or terminate the Contract for default. 3.18 Operations, Material Handling, and Storage Areas A. Operating Area. Contractor shall confine all operations, including storage of materials on the Site, to City-approved areas. B. Temporary Buildings and Utilities. Temporary buildings (including storage sheds, shops, offices) and utilities may be erected by Contractor on the Site only with the consent of the City and without expense to the City. The temporary buildings and utilities shall remain the property of Contractor and shall be removed by the Contractor at its expense upon completion of the Work C. Use of Roadways. The Contractor shall use only established roadways or temporary roadways authorized by the City. When materials are transported during performance of the Work, vehicles shall not be loaded beyond the loading capacity of the vehicle and in no circumstances shall vehicles be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by federal, state, or local law or regulation. D. Disposal/Removal of Materials. The Contractor shall be responsible for compliance with all laws governing the storage and ultimate disposal of all such materials and components. The Contractor shall provide the City with a copy of all manifests and receipts evidencing proper disposal when required by the City or applicable law. E. Protection and Care of Contractor’s Materials and Equipment. The Contractor shall be responsible for the proper care and protection of its materials and equipment delivered to the Site. Materials and equipment may be stored on the Site at the Contractor’s own risk and with prior written approval from the City. When the Contractor uses any portion of the Site as a shop, the Contractor shall be responsible for any repairs, patching, or cleaning arising from such use and for obtaining any necessary permits to establish such shop or temporary storage facilities. 3.19 Contractor’s Overall Responsibility for Protection of Work, Property, and Persons A. The Contractor shall be solely and completely responsible for conditions of the Site, including safety of all persons and property, during performance of the Work. The Contractor shall maintain the Site and perform the Work in a manner which meets all statutory and 00 07 00 - 22 General Terms and Conditions 000089 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

common law requirements or other specific contractual requirements for the provision of a safe place to work and which adequately protects the safety of all persons and property on or near the Site. This obligation shall apply continuously and shall not be limited to normal working hours. The City’s inspection of the Work or presence at the Site does not and shall not be construed to include review of the adequacy of the Contractor’s safety measures in, on or near the site of the Work. B. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including adequate safety training, in connection with the Work. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. The Contactor shall be responsible for responding to any request for information from any government agency charged with enforcing safety regulations. The Contractor shall immediately inform the City of the receipt of any such request for information and the Contractor shall keep the City informed of the efforts it is undertaking to respond to the request. C. Unless otherwise required in the Contract Documents, the Contractor shall protect and be responsible for any damage or loss to the Work, or to the materials and equipment associated with the Work until the date of Substantial Completion. The Contractor remains responsible for any damage or loss caused directly or indirectly by the acts or omissions of the Contractor, Subcontractors, Suppliers or third parties authorized or allowed on the Site by the Contractor until Final Acceptance. D. The Contractor shall also be solely and completely responsible for damages arising from the work that affects property adjacent to the Site. E. The Contractor shall repair or replace without cost to the City any damage or loss that may occur, except damages or loss caused by the act or omissions of the City. F. The Contractor shall erect and maintain adequate signs, fencing, barricades, lights or security measures and persons to protect the Work until Project Representative authorizes in writing the removal of signs, fencing, barricades, lights or security measures. 3.20 Protection of Persons A. The Contractor shall take all reasonable precautions for the safety of all employees working on this Contract and all other persons who may be affected by such Work. The Contractor shall designate a responsible member of its organization at the Site whose duty shall be to manage and coordinate the safety programs and to prevent accidents of the Contractor and Subcontractor and Suppliers. B. Except as otherwise stated in the Contract, if the Contractor encounters on the Site material reasonably believed to be Hazardous Material including but not limited to asbestos, lead, or polychlorinated biphenyl (PCB), that Contractor shall immediately stop work in the area affected and give notice of the condition to the City. Work in the affected area shall not be resumed without written direction by the City. C. The Contractor shall maintain in a reasonable number of conspicuous and accessible places at the Site all materials necessary for giving first aid to the injured. The Contractor shall establish, publish and make known to all employees procedures for ensuring immediate removal to a hospital or a doctor’s care, of persons who may have been injured on the Site. Employees shall not be permitted to work on the Site before the Contractor has: (1) provided all materials necessary for giving first aid at the Site; and, (2) established and made known procedures for removal of injured persons to a hospital or doctor’s care. The Contractor shall ensure that at least one of its employees on site has adequate training in first aid. 00 07 00 - 23 General Terms and Conditions 000090 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

D. In order to protect the lives and health of persons performing work under this Contract, the Contractor shall comply with the Federal Occupational Safety and Health Act of 1970 (OSHA), including all revisions, amendments and regulations issued there under, and the provisions of the Washington Industrial Safety Act of 1973 (WISHA), including all revisions, amendments and regulations issued there under by the Washington State Department of Labor and Industries. The WISHA regulations shall apply, without limitation, to all excavation, tunneling, trenching and ditching operations. In case of conflict between any such requirements, the more stringent regulation or requirement shall apply. There is no acceptable deviation from these safety requirements, regardless of practice in the construction industry. Any violation of OSHA, WISHA or other safety requirements applicable to the work may be considered a breach of this Contract. 3.21 Safety Program A. The Contractor shall prepare and provide to the City a written site specific “Safety Program” demonstrating the methods by which all applicable safety requirements of this Contract will be met. The Contractor shall ensure its Subcontractors and Suppliers have a written “Safety Program” or formally adopt the Contractor’s site specific “Safety Program.” The Contractor shall designate a Safety Officer who shall be responsible for proper implementation of the “Safety Program.” The Contractor shall submit a copy of its “Safety Program” and any Subcontractor’s “Safety Program” to the City within fourteen (14) days after the Contractor signs the Contract. The City’s review of such Programs shall not be deemed to constitute approval or acceptance thereof and shall not relieve or diminish the Contractor’s sole responsibility for Site safety. B. The Contractor shall conduct a weekly safety audit meeting with all Subcontractors and Suppliers and others on the Site performing Work hereunder to discuss general and specific safety matters. The Contractor shall provide upon request, notice of each meeting to the City. At the City’s request the Contractor shall provide the City with a record of each meeting, including a sheet on which each attendee signed in and a list of the matters discussed. 3.22 Contractor’s Property The Contractor’s tools and equipment and building materials to be incorporated into the Project may be stored on the Site but all such storage shall be subject to the requirements of the Contract. Any repairs, patching or cleaning of the Site that may be necessary to restore the Site to its previous condition due to storage of the Contractor’s materials, tools or equipment, or other aspects of the Contractor’s Work, shall be the responsibility of the Contractor.

3.23 Archaeological and Historical Preservation The Contractor shall comply fully with the requirements set forth in Chapter 27.53 RCW entitled Archaeological Sites and Resources. The Contractor shall immediately notify the Project Representative if any artifacts, skeletal remains or other archaeological resources (as defined under RCW 27.53.040 now and as hereinafter amended) are unearthed during excavation or otherwise discovered on the site of the work. If directed by the Project Representative, the Contractor shall immediately suspend any construction activity which, in the opinion of the Project Representative, would be in violation of Chapter 27.53 RCW. The suspension of Work shall remain in effect until permission to proceed has been obtained by the Project Representative from the State Historic Preservation Officer or private landowner, as applicable.

3.24 Water Pollution Control Requirements The Contractor shall comply with and be liable for all penalties, damages and violations under Chapter 90.48 RCW in the performance of this work. By submitting a bid for and entering into this Contract, the Contractor has thereby assured the City that the Contractor has knowledge of, understands and will 00 07 00 - 24 General Terms and Conditions 000091 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

comply with the provisions and requirements of Chapter 90.48 RCW, including any regulations issued pursuant thereto. The Contractor shall also perform its work in compliance with water pollution control requirements as may be set forth in this Contract and as may be a part of any permit or other authorization issued or obtained for this Contract.

3.25 Rights of Way/Easements A. All rights of way/easements to be provided by the City for use by the Contractor and for the completed work shall be set forth in the Specifications and may be shown on the Drawings. The Contractor's construction activities shall be confined within the identified rights of way/easements, unless the Contractor makes arrangements for use of additional public and/or private property and complies with the requirements of this provision. The Contractor shall comply with all requirements set forth in such rights of way/easements documents and in the Contract applicable to the performance of work hereunder. The Contractor shall provide written notice to the Project Representative of the dates of commencement and completion of work on each rights of way/easements provided by the City. If the Contractor fails to diligently prosecute and complete the work on each such right of way/easement and, as a result of such failure, the City becomes obligated to pay additional amounts for the use of such right of way/easement, the Contractor shall be charged such additional costs which shall be set off against any amounts owning to the Contractor or entitle the City to a reimbursement from the Contractor. Upon completion of use of each right of way/easements, the Contractor shall provide the Project Representative with a written release signed by the landowner, or authorized agent therefore, stating that the landowner has no claims whatsoever against the City on account of the Contractor's use of such right of way/easements. Such release shall be on the form set forth in the Specifications. B. If the Contractor makes arrangements for use of such additional public and/or private property, the Contractor, prior to using such property, shall provide the Project Representative with written permission of the landowner, or duly authorized agent of such landowner, for such use. Upon completion of use of such property, the Contractor shall provide the Project Representative with a written release signed by such landowner or authorized agent therefore stating that the owner has no claims whatsoever against the City on account of the Contractor's use of such property. Such release shall be on the form set forth in the Specifications. C. The Contractor shall save the City harmless from all suits and legal proceedings of every kind and description that might result from use of or damage to rights of way/easements and public and/or private property by the Contractor. The Contractor shall comply with all laws, rules, regulations, ordinances, resolutions or directives relating to its use of public rights or way/easements, streets or highways; and its use of same shall not disturb the rights and property of adjacent landowners. 3.26 Environmental Mitigation Plan If required elsewhere in the Contract Documents, the Contractor shall prepare and submit to the Project Representative a plan by which the Contractor and its Subcontractors and Suppliers shall ensure all environmental mitigation requirements shall be complied with during performance of the work under this Contract. The plan shall specifically address each such requirement. Failure to submit a complete environmental mitigation plan may result in suspension of work; delays, if any, resulting therefrom shall be considered caused by the acts of the Contractor, and any time delays or additional costs resulting therefrom shall be borne by the Contractor. Preparation of such a plan and compliance with all environmental mitigation requirements shall be deemed incidental to the work under this Contract and all costs therefore shall be included in the Contract Price.

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SECTION 4: ADMINISTRATION OF THE CONTRACT 4.0 Time of Essence All time requirements set forth in the Contract Documents are of the essence.

4.1 Work Process The Contractor shall be required to:

A. Prosecute the Work diligently with adequate forces; B. Plan, coordinate, and layout the Work in advance so as to avoid delay; C. Achieve Substantial Completion of the Work and Final Acceptance in accordance with the requirements of Contract Documents; and, D. Complete all Contract close out requirements in accordance with all applicable Contract requirements within the time period established by the City in the Certificate of Substantial Completion. 4.2 Schedule of Values A. Unless otherwise specified, within fourteen (14) days after the Contractor signs the Contract, the Contractor shall submit to the City at the time specified in the Contract a detailed Schedule of Values which identifies the various activities of the Contract Work and their values and quantities, including the overhead and profit for each activity. The Contractor warrants that the values identified in its Schedule of Values accurately reflect the value of each work activity. The Schedule of Values shall be used as a basis for calculating all Progress Payments. Payment for Contract Work shall be made only for and in accordance with those activities identified in the Schedule of Values. B. The Contractor shall not be entitled to, nor shall the City be required to make, payment for any Contract Work until the Schedule of Values has been accepted by the City. Such acceptance shall not be unreasonably withheld. C. The City shall review and accept the Schedule of Values or provide the Contractor with a written explanation of why the Schedule of Values was not acceptable. The City shall use reasonable efforts to review the Schedule of Values within 30 days of the City’s receipt of the Contractor’s submittal of its Schedule of Values. The City’s acceptance of the Schedule of Values shall not relieve the Contractor from its sole responsibility for the accuracy of the Schedule of Values and its compliance with all Contract requirements. The Contractor shall revise the Schedule of Values as necessary to accurately reflect Change Orders. The revised Schedule of Values shall be provided to the City within five (5) days of the approval of the Change Order. D. Each Application for Payment shall include a current status of the Schedule of Values. No Application for Payment will be considered until the current status of the Schedule of Values has been submitted and accepted. E. The activities which the Contractor identifies within its Schedule of Values shall be specifically referenced within, and conform and be consistent with the activities set forth within the Project Schedule. F. Subject to Section 7.0C, lump sum Mobilization bid items (if any) shall be measured and paid under the Schedule of Values in accordance with the following percentage of earned completion: (a) upon earned completion of 10% of the Contract Price in its entirety (exclusive of the Mobilization sum itself), the City shall pay 50% of the Mobilization lump

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sum bid item and (b) the remaining 50% of the lump sum Mobilization bid item shall be paid by the City upon the Contractor’s earned completion of 25% of Contract Price (exclusive of Mobilization). In no event shall the amount bid or allowed for Mobilization exceed 5% of the total Contract Price for all other items listed in the Bid. 4.3 Project Schedule A. Unless otherwise stated in the Contract, within fourteen (14) days after the date of Contract Execution, the Contractor shall submit to the City a Project Schedule in hard copy and/or electronic format as required by the Contract. The Project Schedule shall show the sequence in which the Contractor proposes to perform the Work, indicate the Critical Path, identify the dates on which the Contractor proposes to start and finish the scheduled activities of the Contract Work, indicate Contract Milestone (if any) completion dates, indicate Substantial Completion within the Contract Time, indicate dates for Physical Completion and Final Acceptance, and meet all the requirements as may be set forth more particularly in the Technical Specifications on Project Schedule. B. The Project Schedule shall be prepared in the format as specified in the Technical Specifications. C. Within 30 days of the City’s receipt of the Contractor’s submittal of its Project Schedule or unless stated elsewhere in the Contract, the City shall review the Project Schedule and provide the Contractor with written comments. The City will review the Project Schedule. To the extent the Project Schedule does not meet such Technical Specifications or the General Conditions, the Contractor shall revise the Project Schedule to make it compliant. D. By reviewing the Project Schedule and providing written comments, the City is not approving or adopting the Contractor’s plan, schedule, means, methods, techniques, sequences, or procedures required to perform the Work. Review and comment by the City of the Project Schedule shall not relieve the Contractor from the sole responsibility for the accuracy of a Project Schedule, and its compliance with all Contract requirements, and its responsibility to meet all required Contract completion dates. Failure by the City to indicate items on the Project Schedule that do not conform with the Contract requirements shall not alter or waive the Contract requirements or relieve the Contractor from complying with all Contract requirements. E. The Contractor shall not be entitled to, nor shall the City be required to make payment for any Contract Work until the Project Schedule complies with all Contract requirements. F. Contractor shall schedule the Contract Work so that the Contract Work is completed within the Contract Time. G. Contractor’s Project Schedule submitted in accordance with Section 4.3.a shall contain a minimum of 30 calendar days of Float (unless that period is extended by Specification, in which the duration stated in the Specification shall govern). City shall have the sole and exclusive right to utilize 50% of the Float and Contractor shall have the sole and exclusive right to utilize the remaining 50% of the Float. Contractor shall not sequester or modify or eliminate Float through such strategies as extending activity duration estimates to consume available Float, using preferential logic, or using extensive crew/resource sequencing. H. The Contractor shall regularly enter the actual progress of the Work and Contract Time extensions approved by the City on the Project Schedule. Updated Project Schedules shall reflect actual progress and completion within the Contract Time and shall be provided to the City with each Application for Payment format(s) as required by the Contract. Applications for Progress Payments will not be considered by the City and the Contractor will not be paid

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until the Contractor complies with these requirements. The updated Project Schedule shall be used to assist the City in verifying the appropriate payment. I. If, in the opinion of the City, the Contractor falls behind in its progress of the Work due to acts or omissions of the Contractor, Subcontractors and Suppliers, the Contractor shall take all necessary steps to improve its progress and bring its progress back in-line with the accepted Project Schedule, without additional cost to the City. In this circumstance the Contractor shall, as necessary, increase the number of shifts, overtime operations, and/or days of work, both on and off the Site, and submit for acceptance any supplementary schedule or schedules as the City deems necessary to demonstrate how the accepted rate of progress will be regained. Failure of the Contractor to comply with the requirements under these provisions shall be grounds for a determination by the City that the Contractor is not prosecuting the Work with sufficient diligence to ensure completion within the time specified in the Contract. Upon making this determination, the City may pursue any right it has under the law or the Contract, including but not limited to default termination. J. The Contractor shall schedule the Contract Work so that the Contract Work is completed on time. If the Contractor attempts to perform the Contract Work in less than the Contract Time no additional compensation for any delays attributable to the City or any acceleration will be owed to the Contractor if the Contractor fails to achieve the earlier completion date. K. Use of Contract Milestones (if any) does not signify the existence of separate projects or eliminate Contractor’s obligation to develop a Project Schedule containing a single, continuous Critical Path. 4.4 Submittals A. Submittals include shop drawings, setting and erection drawings, schedules of materials, product data, samples, certificates and other information prepared for the Work by the Contractor or a Subcontractor as set forth in the Technical Specifications (“Submittals”). The Contractor shall perform no portion of the Work requiring Submittals until the Submittals have been reviewed and returned by the City with one of the following annotations: (1) “No Exceptions Taken” or (2) “Note Markings”. B. Prior to furnishing the Submittals to the City, the Contractor shall: (1) review all Contractor and Subcontractor Submittals for accuracy, completeness, and compliance with the Contract; (2) coordinate all Submittals with all Contract Work by other trades and with field measurements; and (3) indicate approval on the Submittals as a representation that it has complied with its obligation to review and coordinate Submittals. Where required by law or by the Contract, an appropriate licensed professional shall stamp Submittals. Submittals lacking required stamps or evidence of Contractor review and approval will be returned without review by the City for resubmission. Submittals shall be sequentially numbered. C. When submitting information, the Contractor shall identify and state reasons for any alteration, variation, addition, deviation, or omission from the Contract. The Contractor shall not perform work that alters, varies, adds, deviates, or omits Work without prior specific written acceptance by the City. D. The Contractor shall provide Submittals with reasonable promptness and in such sequence as to facilitate the timely completion of the Contract. The Contractor shall prepare and keep current, for review by the City, a schedule of Submittals which is coordinated with the Contractor’s Project Schedule and allows the City reasonable time for review. E. The City shall review the Contractor’s Submittals and respond in writing with reasonable promptness. Unless otherwise agreed, no delay to the Contractor’s Work shall be attributable to the failure by the City to respond to a Submittal until thirty days after the Submittal is 00 07 00 - 28 General Terms and Conditions 000095 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

received by the City, and then only if failure by the City to respond is unreasonable and affects the Contract completion date. F. If the Contractor is required to resubmit a Submittal, any revisions on resubmittals, shall be specifically identified in writing and the resubmitted Submittal shall be sequentially alpha denoted and note revisions in numerical order. The cost of the review of the initial Submittal and the first revised submittal shall be borne by the City. The costs of all additional revised Submittals shall be charged to the Contractor. The cost of review shall include, without limitation, administrative, design, and engineering activities directly related to review of Submittals. The City may deduct these costs from any amounts due the Contractor. G. The City shall review the Contractor’s Submittals only for conformance with the design of the Work and compliance with the Contract. Review of the Submittals are not conducted to verify the accuracy of dimensions, quantities, or calculations, the performance of materials, systems, or equipment, or construction means, methods, techniques, sequences, or procedures, all of which remain the Contractor’s responsibility. Failure by the City to take exception to a Submittal shall not relieve the Contractor from any duty, including its responsibility for errors or omissions in Submittals, its duty to make Submittals and its duty to perform the Work according to the requirements of the Contract. The City’s review of a Submittal shall not alter or waive the requirements of the Contract unless the City has issued prior written approval of such change or alteration of the Contract requirements. H. The Contractor’s failure to identify any error, deviation, or omission and subsequent acceptance of the Submittal by the City shall not relieve the Contractor from the obligation to comply with the all requirements in the Contract Documents. 4.5 Requests for Information A. If the Contractor determines that some portion of the drawings, specifications or other Contract Documents require clarification or interpretation by the City because of an apparent error, inconsistency, omission, or lack of clarity in the Contract, the Contractor shall promptly submit a Request For Information (“RFI”) and, unless otherwise directed, shall not proceed with the affected Work until the City has responded to the RFI. The Contractor shall plan its work in an efficient manner so as to allow for timely responses to RFIs. B. RFIs shall only be submitted by the Contractor on a RFI Form provided by the City or in a form acceptable to the City. The Contractor shall clearly and concisely set forth the issue for which clarification or interpretation is sought and why a response from the City is needed. In the RFI, the Contractor shall set forth its own interpretation or understanding of the requirement along with reasons why it reached such an understanding. C. The City will review RFIs to determine whether they meet the requirements identified above in paragraph B to qualify as an RFI. If the City determines that the document is not an RFI it will be returned to the Contractor, unreviewed as to content. When appropriate the Contractor may resubmit the RFI on the proper form, with all required information and in the proper manner. D. The City shall respond in writing with reasonable promptness to Contractor’s RFI, which is defined to mean up to ten (10) Days unless the City concludes the RFI is sufficiently complex as to prohibit a reply with such period in which case the response will be provided within up to twenty (20) Days. E. If Contractor submits an RFI on an activity and reasonably believes that a response from City within up to ten (10) Days will cause a delay to the critical path of the Work, Contractor shall denominate such particular RFI as “Priority” and indicate Contractor’s preferred reasonable

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response date which City does not warrant it will achieve but which City will in good faith attempt to attain. F. The City’s response to a RFI shall not be considered a change to the Contract requirements. To the extent the Contractor believes that the City’s response to the RFI constitutes changed work impacting Contract Price or Contract Time, the Contractor shall submit a Contractor’s Request for a Change Order to the City in accordance with Section 5, Changes to the Contract. 4.6 Tests, Inspections, and Access to the Work A. The Contractor shall document and maintain an adequate testing and inspection program and perform such tests and inspections as are necessary or required to ensure that the Work conforms to the requirements of the Contract. The Contractor shall maintain all documentation related to testing and inspection and make such documentation available to the City at its request. Contractor shall be responsible for inspection and quality assurance of all its Work and all Work performed by any Subcontractor and all materials supplied by a Supplier. Unless otherwise provided, Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to City, or with the appropriate public authority. If any governmental, regulatory, or permitting authority requires any portion of the Work to be inspected, tested, or approved, the Contractor shall make all arrangements for and cooperate with such inspections, tests, and approvals so as not to delay completion of the Contract Work. The Contractor shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the City at least three (3) working days notice of: (1) when the work is ready to be tested and inspected and (2) when and where tests and inspections are to be made. Contractor shall maintain complete inspection records and make them available to City upon request. B. The Contractor shall cooperate with the City in the performance of any tests and inspections of the Work. The Contractor has the duty to coordinate all tests and inspections in a manner, which does not negatively impact Contractor’s compliance with the Contract. C. If any Work required to be inspected, tested, or approved is covered by the Contractor, Subcontractors, Suppliers or any other person for whom the Contractor is responsible without such inspection, testing or approval being obtained, it shall, if requested by the City, be uncovered for observation and then subsequently recovered after inspection or repair, and such uncovering and recovering shall be at Contractor’s expense. D. Upon request by the City, any Work not otherwise required to be inspected or tested shall be uncovered by the Contractor. If the Work is found to comply with the Contract the City will (1) pay the costs of testing and inspection; (2) pay the costs associated with the uncovering and recovering of the Works; and (3) adjust the contract Time to the extent the inspection and repair impacted the project schedule and delayed completion of the work; otherwise the Contractor shall bear such costs as well as all costs of correction and the Contractor shall not be entitled to an adjustment in Contract Time. E. The City may, at any reasonable time and at its own cost, conduct inspections and tests as it deems necessary to ensure that the Work is in accordance with the Contract. The City shall promptly notify Contractor if an inspection or test reveals that the Work is not in accordance with the Contract. The City inspection and tests are for the sole benefit of the City and do not: 1. Constitute or imply acceptance; 2. Relieve Contractor of responsibility for providing adequate quality control measures; 3. Relieve Contractor of responsibility for risk of loss or damage to the Work, materials, or equipment; 00 07 00 - 30 General Terms and Conditions 000097 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

4. Relieve Contractor of its responsibility to comply with the requirements of the Contract; or, 5. Impair City’s right to reject defective or nonconforming items, or to avail itself of any other remedy to which it may be entitled. F. Neither observations by an inspector retained by the City, the presence or absence of such inspector on the Site, nor inspections, tests, or approvals by others, shall relieve Contractor from any requirement of the Contract. Inspectors are not agents of the City and they are not authorized to change any term or condition of the Contract. G. Contractor shall promptly furnish, without additional charge, all facilities, labor, material and equipment reasonably needed for performing such safe and convenient inspections and tests as may be required by the City. The City may charge Contractor any additional cost of inspection or testing when Work is not ready at the time specified by Contractor for inspection or testing, or when prior rejection makes reinspection or retest necessary. The City shall perform its inspections and tests in a manner that will cause no undue delay in the Work. 4.7 Correction of Work or Damaged Property A. If the City determines that material, equipment, workmanship, or Work proposed for, or incorporated into the Work, does not meet the Contract requirements or fails to perform satisfactorily, the City shall have the right to reject such Work by giving the Contractor written notice that such Work is either defective or non-conforming. 1. The City, at its option, shall require the Contractor, within a designated time period as set forth by the City, to either: a. Promptly repair, replace or correct all Work not performed in accordance with the Contract at no cost to the City or, b. Provide a suitable corrective action plan at no cost to the City and subject to the approval of the City. 2. Once the correcting action plan is reviewed and returned by the City with the annotation “No Exception Taken" or "Note Markings", the Contractor shall implement the corrective action plan. a. Review and providing comments on the correction action plan is not an acknowledgement by the City that such plan is adequate to remedy the defective or non-conforming work. b. If the correcting action plan does not remedy the defective or non-conforming Work, the contractor shall remain responsible for remedying the defective or non- conforming Work to the City’s satisfaction. 3. The Contractor shall also be responsible for all repairs to any property and work damaged by the Contractor. 4. Under no circumstances shall the Contractor be entitled to additional time or money for the correction of defective or non-conforming work, or for the repair of damaged property. The City shall not be responsible for any costs to prepare corrective action plans, correct work or repair damaged property. B. If the Contractor does not repair, replace or correct and/or remove defective or non- conforming Work or repair damaged property within the time specified and as required by the City, the City or City’s designee may repair, replace or correct and/or remove it and deduct the cost of such effort from any payment due the Contractor.

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1. Under this provision, the City reserves the right to make use of the Contractor’s plant and equipment for this repair, replacement, correction or removed Work. If the remaining payments due the Contractor are not sufficient to cover the City’s cost of remedying the defective or non-conforming work, the Contractor shall pay the difference to the City. C. The City may elect to retain work if the City determines that such defective or non- conforming work is not of sufficient magnitude or importance to make the work dangerous or undesirable or that removal of such work is impractical or will create conditions that are dangerous or undesirable. 1. Just and reasonable value for such defective or non-conforming work will be determined by the City and appropriate deductions will be made in the payments due or to become due to the Contractor. 2. The City’s exercise of the rights under this provision shall be without prejudice to any other remedy the City may have, and shall not constitute a termination of the Contract. D. The Contractor and its sureties shall be liable for all damages and costs incurred by the City caused by the Contractor’s or its Subcontractors’ and Suppliers’ defective or non-conforming work or workmanship, including but not limited to all special, incidental, or consequential damages incurred by the City. The Contractor and its sureties agree to indemnify and hold the City harmless from any personal injury or property damage caused by the Contractor or its Subcontractors and Suppliers defective or non-conforming Work or workmanship. 4.8 Substitution of Products and Processes A. Substitutions requested by the Contractor will be subject to the City’s prior written acceptance and at the City’s sole discretion. B. Requests for substitution must specifically identify: 1. Material, equipment, and labor costs included in the Contractor’s bid associated with the original item to be substituted; 2. All costs for material, equipment, labor associated with the proposed substitution, including any impact costs; 3. Proposed change to the Contract Price and/or Contract Time; 4. The explanation for why the Contractor is proposing the substitution; and, 5. Compatibility with or modification to other systems, parts, equipment or components of the Project and Contract Work. C. Contractor shall provide all documentation supporting its request as requested by the City. D. All costs of any redesign or modification to other systems, parts, equipment or components of the Project or Contract Work, which result from the substitution, shall be borne by the Contractor. E. When the City approves a substitution proposed by the Contractor, the Contractor shall guarantee the substituted article or materials to be equal to, or better than, those originally specified and shall be compatible with all other systems, parts, equipment or components of the Project and Contract Work. The City has the right to order an unaccepted, substituted article removed and replaced without additional cost to the City. F. The City has a right to a deductive Change Order if the substituted product or process is less costly than the contractually required product or process. G. If the City does not accept the substitution proposal the Contractor shall proceed, without delay or cost to the City, with the Contract Work as originally specified. 00 07 00 - 32 General Terms and Conditions 000099 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

SECTION 5: CHANGES TO THE CONTRACT 5.0 General A. All changes to the Contract must be made in writing and signed by the Mayor or his designees. No oral statement by any person shall change or modify the Contract. All changes to the Contract shall be made in accordance with the provisions of this Section. B. All Change Order work shall be performed in accordance with the original Contract requirements unless modified in writing by the City. C. No Field Directive, response to Request For Information, or other directive, direction, instruction, interpretation or determination (hereinafter referred to as “direction” for the purposes of Section 5), provided by the City shall be considered a Change Order, a change to Contract requirements, or, in and of itself, entitlement to an adjustment in Contract Price and/or Contract Time. D. To the extent the Contractor believes it is entitled to any additional money or time for any reason, the Contractor shall submit a Request for Change Order to the City. 1. If the Contractor believes any of the following events entitles the Contractor or its Subcontractors or Suppliers to additional money or time, the Contractor must file a Request for Change Order in accordance with the requirements set forth in the Contract. a. Written Field Directive b. Response to a Request for Information c. Comments on a submittal d. Differing Site Condition e. Acceleration or constructive acceleration f. Suspension of the Work g. Delay, inconvenience, disruption of schedule, loss of efficiency or productivity h. City caused Stand-by i. Force Majeure j. Conflicts, ambiguities, inconsistencies, and/or problems arising from the Contract Documents k. Any other directive or Direction, written or oral, from the City l. Any other reason for which the Contractor believes it is entitled to additional money or time E. The Contractor shall not be entitled to any change in the Contract Price and/or Contract Time under the following conditions or events: 1. They were foreseeable at the time the Contractor submitted its bid; 2. They were caused by the acts of the Contractor, Subcontractors and/or Suppliers, including but not limited to the choice of means, methods, techniques, sequences, or procedures for the Work, failure to provide labor, materials or equipment in a timely manner, and failure to take reasonable steps to mitigate delays, disruptions, or conditions encountered. F. The Contract requirements for time and price impacts related to Change Orders are set forth in Section 6, Time and Price Adjustments. 00 07 00 - 33 General Terms and Conditions 000100 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

5.1 Contractor’s Request for a Change Order A. Notice of Intent to Submit a Request for Change Order 1. The Contractor shall provide the Project Representative with a written Notice of Intent to Submit a Request for Change Order that the Contractor intends to submit a Request For Change Order no later than seven (7) days, except as specified below for Differing Site Conditions, after any direction, instruction, interpretation, determination by the City and/or the onset of any event or impact to the Project. 2. The Contractor shall include the following information in the Notice of Intent to Request a Change Order: a. The date, circumstances, and source of the direction, instruction, interpretation, determination by the City and/or the event or impact to the Project. b. Reasonable order of magnitude estimate of the change to the Contract Price; c. Reasonable order of magnitude estimate of the time impact to the Contract Time; and d. Contractual provisions and substantive basis to support the Request. 3. King County Housing and Development Program has right to participate in review and approval of change orders. B. Request for Change Order 1. Within twenty-one (21) days after the direction and/or the onset of the event or impact to the Project referenced in the Notice of Intent to Submit a Request for Change Order, the Contractor may request an extension of time for filing its Request for Change Order. The Contractor shall state the reasons for the request and identify a date certain when the Contractor shall provide all documentation required in its Request for Change Order. 2. Unless the Project Representative issues written Notice authorizing the Contractor additional time to submit the Request for Change Order, the Contractor shall provide, in writing, a detailed Request for Change Order to the Project Representative no later than thirty-five (35) days after the direction and/or the onset of the event or impact to the Project. 3. The Request for a Change Order shall include: a. Specific dollar amount covering all costs associated with the requested Change Order calculated in accordance with Section 6, Time and Price Adjustments; b. Specific request for time extension (number of days); c. A copy of the written Notice of intent, including all attachments; and d. All documentation supporting the Request for a Change Order, including but not limited to all cost records, schedule analysis, and the documents identified in Section 3.12, Maintenance and Inspection of Documents, that are in any way relevant to the Contractor’s Request for Change Order. C. City’s Response to Contractor’s Request for Change Order. 1. The City will make a written determination with respect to the Contractor’s Request for Change Order within thirty (30) days of receipt of said Request, unless one of the following activities occurs.

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a. The City may request additional information and specify a time period for receipt of the information. The Contractor shall comply with the City’s request for additional information. b. The City may inform the Contractor that additional time is needed to review the Contractor’s Request for Change Order and identify a date certain when a decision will be rendered. 2. If the City requests additional information, the City will make a written determination within thirty (30) days receipt of Contractor’s additional information. 3. If the City does not make a determination within the applicable time period, the Request For Change Order is deemed denied. D. Approval of Request for Change Order and Execution of Change Order. If the City determines that a Change Order is necessary, the parties may negotiate acceptable terms and conditions and execute a Bilateral Change Order or the City may issue a Unilateral Change Order. E. Contractor Procedure upon Denial or Deemed Denial of a Request for a Change Order. If the Contractor disagrees with the denial, the Contractor’s sole remedy shall be to file a fully documented Claim within thirty (30) days of deemed denial or the Contractor’s receipt of the denial, in accordance with Section 9, Claims and Litigation. F. Contractor’s Obligation to Continue to Work. Pending resolution of the Contractor’s Request for a Change Order, the Contractor shall continue to perform all Work including, at the written request of the City that work associated with the pending Request for Change Order. The Contractor shall maintain its progress with the Work. G. Waiver. Failure to follow the provisions set forth herein shall constitute a waiver of the Contractor’s right to receive any additional time or money as a result of any alleged direction, instruction, interpretation, determination by the City and/or the event or impact to the Project. 5.2 Differing Site Conditions A. Immediate Written Notice to the City. If the Contractor encounters a Differing Site Condition the Contractor shall within no more than 24 hours, and before the conditions are disturbed, give written Notice to the City of such Differing Site Condition (Initial Notice). The Initial Notice shall describe the nature and extent of the Differing Site Condition and its impact the progress of the Work. The Contractor must preserve and not discard or spoil all physical evidence related to the alleged Differing Site Condition. B. Forensic Tests. The Contractor and Owner shall have the right to conduct tests or examinations upon the condition constituting the alleged Differing Site Condition. No such tests or examinations shall occur except upon reasonable prior written notice to both Parties. The Parties may but need not share with one another the results of such tests or examinations. C. Request for Change Order based on Differing Site Condition. Unless otherwise agreed upon in writing by the Project Representative, within thirty (30) days of the Contractor’s Initial Notice, the Contractor shall provide a Request for Change Order demonstrating: 1. A detailed description of the alleged Differing Site Condition; 2. The Contractual basis supporting the existence of the alleged Differing Site Condition; 3. Causation between the alleged Differing Site Condition and any unavoidable negative impact to Contractor’s work, operations or schedule; 4. Costs solely attributable to the alleged Differing Site Condition inclusive of alleged Project Schedule delays, and 00 07 00 - 35 General Terms and Conditions 000102 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

5. Contractor’s affirmative measures to avoid, work-around, prevent or mitigate the negative impact to its work, operation or schedule. D. Waiver. 1. If the Contractor’s actions disturb, discard, waste or destroy the Site such that the City or City’s designee cannot adequately and fully investigate the alleged Differing Site Condition, the Contractor waives its right to receive any additional time or money as a result of the Differing Site Condition. 2. Failure by the Contractor to provide either (a) the Initial Notice within the time prescribed above or (b) submit a fully documented Request for Change Order demonstrating the elements set forth above within the time prescribed above shall constitute a waiver of the Contractor’s right to receive any additional time or money as a result of the alleged Differing Site Condition. E. City’s Response to the Differing Site Condition Request for Change Order. The City reserves the right to investigate the alleged Differing Site Conditions and shall respond to the Contractor’s Request for Change Order (if any) within the Section 5.1.B procedures F. Contractor’s Obligation to Continue to Work. The Contractor shall not disturb the condition until receipt of written authorization from the Project Representative that work can resume at the location of the alleged Differing Site Condition. The Contractor shall continue with performance of all other Work. G. Compensation. Any Change Order, Claim or extra compensation of any kind caused by or related to any alleged Differing Site Condition shall be quantified only and strictly as set forth in the provisions of Section 6.2F. 5.3 Acceleration A. Acceleration Directive. 1. The City reserves the right to direct the Contractor to accelerate Contract Work. In the event that the City directs acceleration, such directive will be in writing and specifically designated as “Acceleration Directive.” 2. The Contractor shall keep cost and other Project records related to the Acceleration Directive separately from normal Project costs and records and shall provide a written record of acceleration to the City on a daily basis. B. Constructive Acceleration. 1. In the event that the Contractor believes that some action or inaction on the part of the City constitutes acceleration, the Contractor shall immediately notify the City in writing that the Contractor considers the action or inaction an acceleration. This written notification shall detail the circumstances of the acceleration. 2. The Contractor shall not accelerate the Work until the Project Representative responds in writing issuing an Acceleration Directive or denying the constructive acceleration. 3. The Contractor shall keep cost and other Project records related to the constructive acceleration separately from normal Project costs and records and shall provide a written record of acceleration to the City on a daily basis. C. To the extent the Contractor believes an acceleration directive or constructive acceleration constitutes a change in the Work impacting Contract Price and/or Contract Time, the Contractor shall submit a Request for a Change Order to the City pursuant to Section 5, Changes to the Contract. D. Whether for actual or constructive acceleration, labor costs recoverable will be the Reasonable Cost of overtime or shift premium. Costs recoverable for Contractor Equipment will be only as set forth in Section 6.2F. Costs for rental of additional equipment necessarily 00 07 00 - 36 General Terms and Conditions 000103 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

mobilized to the Site to accomplish the accelerated Work effort will be paid as set forth in Section 6.2F. 5.4 Force Majeure A. To the extent the Contractor believes it is entitled to any additional Contract Time as a result of Force Majeure, Contractor shall submit a Request for Change Order to the City as more fully described in Section 5, Changes to the Contract. B. Contractor shall not be entitled to a change in Contract Price resulting from an act of Force Majeure. C. Contractor is not entitled to an adjustment in Contract Time if the act of Force Majeure did not impact progress of the Work on the Critical Path and delay the Contractor from completing Contract Work within the Contract Time. D. When a Contractor experiences Concurrent Delay caused by either the City or Contractor and an act of Force Majeure, the Contractor shall only be entitled to a change in Contract Time. No change to the Contract Price shall be allowed as a result of such Concurrent Delay. 5.5 Change Orders A. Bilateral Change Orders 1. If the City and Contractor reach agreement on the terms and conditions of any change in the Work, including any adjustment in the Contract Price and Contract Time, such agreement shall be incorporated into a Change Order and signed by both Parties. Such Bilateral Change Orders shall represent full and complete payment and final settlement of all changes, Claims, damages or costs for all (a) time; (b) direct, indirect, and overhead costs; (c) profit; and (d) any and all costs or damages associated with delay, inconvenience, disruption of schedule, impact, ripple effect, loss of efficiency or productivity, acceleration of work, lost profits, stand-by, and any other costs or damages related to any work either covered or affected by the Change Order, or related to the events giving rise to the Bilateral Change Order. B. Unilateral Change Order. Citys Right to Issue Unilateral Change Order. 1. The City may unilaterally issue a Change Order at any time, without invalidating the Contract and without notice to the sureties, making changes within the general scope of this Contract. 2. If any such Change Order causes an increase or decrease in the cost of, or time required for, performance of any part of the Contract Work, the City may make an adjustment in the Contract Price, Contract Time, or both, in accordance with Sections 5, Changes to the Contract, and 6, Time and Price Adjustments. C. Contractor Disagreement with Unilateral Change Order. If the Contractor disagrees with the adjustment to the Contract Price and/or Contract Time as indicated in the Unilateral Change Order, the Contractor’s only remedy shall be to file a fully documented Claim in accordance with Section 9, Claims and Litigation. D. Contractor’s Obligation to Continue to Work. The Contractor is required to continue with performance of all Work, including work associated with the Unilateral Change Order. 5.6 City Request for a Change Proposal A. Request. The City may request a written Change Proposal from the Contractor for a change in the Contract Work.

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B. Contractor’s Proposal. Contractor shall submit its written Change Proposal within the time specified in the City’s request. The Change Proposal shall represent the Contractor’s offer to perform the requested work, and the pricing set forth within the proposal shall represent full, complete, and final compensation for the proposed change and any impacts to any other Contract Work, including any adjustments in the Contract Time. C. City’s Acceptance of Contractor Proposal. 1. If the City accepts the Change Proposal as submitted by the Contractor or as negotiated by the parties, the City shall notify the Contractor in writing of its acceptance of the Proposal and direct that the change in the Work be performed. 2. Contractor shall not perform the work identified in the Change Proposal until receipt of written authorization from the Project Representative. 3. Both parties shall acknowledge acceptance of the terms of a negotiated Change Proposal in writing. 4. Once the City and Contractor have agreed on the terms of a negotiated Change Proposal, the negotiated Change Proposal shall represent full and complete compensation and final settlement of all Claims for all (1) time; (2) direct, indirect, and overhead costs; (3) profit; and (4) costs or damages associated with delay, inconvenience, disruption of schedule, impact, ripple effect, loss of efficiency or productivity, acceleration of work, lost profits, and/or any other costs or damages related to any work either covered or affected by the Change Proposal, or related to the events giving rise to the Change Proposal. D. Execution of a Bilateral Change Order. After acceptance of the Change Proposal or acceptance of the negotiated Change Proposal, the City shall direct the Contractor to perform the work in accordance with the agreed upon terms; thereafter, the Parties shall execute a bilateral Change Order in accordance with the terms of the Change Proposal or negotiated Change Proposal. E. Execution of Unilateral Change Order. If the City does not accept the Change Proposal or the Parties cannot agree upon the appropriate price or terms for the Change Proposal, the City may issue a unilateral Change Order. SECTION 6: TIME AND PRICE ADJUSTMENTS 6.0 Change in the Contract Time A. The Contract Time shall only be changed by a Change Order. B. Contractor shall include any request for a change in the Contract Time in its Notice of Intent to submit a Request for Change Order, Request for Change Order, Change Proposal, Notice of Differing Site Conditions, or Claim. C. No change in the Contract Time shall be allowed to the extent the time of performance is changed due to the fault, act, or omission of Contractor, or anyone for whose acts or omissions the Contractor is responsible. D. Contractor is not entitled to a change in Contract Time unless the progress of the Work on the Critical Path is delayed and completion of the Contract Work within Contract Time is delayed. E. When a Contractor experiences Concurrent Delays which impact the Critical Path and are caused by: (1) the City and the Contractor; (2) the City and an act of Force Majeure; or, (3) the Contractor and an act of Force Majeure, the Contractor shall only be entitled to a change

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in Contract Time. No change to the Contract Price shall be allowed as a result of such concurrent delay. F. A Request for a Change Order that includes a request for an adjustment in the Contract Time shall: 1. Be in writing and delivered to the City within the appropriate time period specified in Section 5, Changes in the Contract. 2. Include a clear explanation of how the event or conditions specifically impacted the Critical Path and overall Project Schedule and the amount of the adjustment in Contract Time requested. 3. Be limited to the change in the Critical Path of a Contractor’s Project Schedule, and any updates, attributable to the event or conditions which caused the request for adjustment. No extension of time or compensation for damages resulting from delay will be granted unless the delay affects the timely completion of all Work under the Contract or timely completion of a portion of the Work for which time of completion is specific. Contractor shall be responsible for showing clearly on the Project Schedule, and any updates, that the event or conditions: a. Had a specific impact on the Critical Path and was the sole cause of such impact; b. Could not have been avoided by re-sequencing of the Work or other reasonable alternatives; and, c. Will prevent the Contractor from completing the Project within the current Contract completion date. 4. Contractor shall make all reasonable efforts to prevent and mitigate the effects of any delay, whether occasioned by an act of Force Majeure or otherwise. 6.1 Change in the Contract Price A. The Contract Price shall only be changed by a Change Order. B. Contractor shall include any request for a change in the Contract Price in its: 1. Change Proposal; 2. Notice of intent to submit a Request for Change Order; 3. Request For A Change Order; and, 4. Claim provided the related Request for Change Order and/or Change Proposal included a request to adjust the Contract Price. C. No change in the Contract Price shall be allowed when: 1. Contractor’s changed cost of performance is due to the fault, acts, or omissions of Contractor, or anyone for whose acts or omissions Contractor is responsible; 2. The change is concurrently caused by Contractor and the City; or, 3. The change is caused by an act of Force Majeure. D. The City shall not be responsible for, and the Contractor shall not be entitled to any compensation for unallowable costs. Unallowable costs include, but are not limited to: 1. Interest except only to the extent the sum is considered liquidated under Washington law. For this purpose, any sum computed in accordance with any provision of the Contract whereby recovery by the Contractor is measured on the basis of Reasonable Cost is considered unliquidated notwithstanding any rule or authority to the contrary.; 2. Claim preparation or filing costs;

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3. The cost of preparing or reviewing Change Proposals or Requests for Change Orders; 4. Lost profits, lost income or earnings; 5. Rescheduling costs; 6. Costs for idle equipment when such equipment is not at the Site, has not been employed in the Work, or is not scheduled to be used at the Site; 7. Lost earnings or interest on unpaid retainage; 8. Claims consulting costs, including without limitation testing; 9. The costs of corporate officers or staff visiting the Site or participating in meetings with the City;, 10. Any compensation due to the increases in market rates for material/equipment costs or fluctuations in foreign currency conversions or exchange rates; 11. Loss of other business; and/or, 12. Any other special, consequential, or incidental damages incurred by the Contractor, Subcontractors or Suppliers. 13. Attorneys’ fees except only to the extent mandated by Washington state statute. E. A Request for Change Order that includes a request for an adjustment in the Contract Price shall: 1. Be in writing and delivered to the City within the applicable time period specified in Section 5, Changes to the Contract. 2. Include the following information: a. The event or condition which caused the Contractor to submit its request for an adjustment in the Contract Price; b. The nature of the impacts to Contractor and its Subcontractors or Suppliers, if any; and, c. The amount of the adjustment in Contract Price requested. 3. Any requests by Contractor for an adjustment in the Contract Price and in the Contract Time that arise out of the same event or conditions shall be submitted together. F. The adjustments to the Contract Price provided for in this Section represent full, final, and complete compensation for all work done in connection with the request for an adjustment in Contract Price and all costs related to or resulting from, related to, or affected by such change in Work including, but not limited to, all Direct Costs and indirect costs, overhead, profit, and all costs or damages associated with delay, inconvenience, disruption of schedule, impact, dilution of supervision, inefficiency, ripple effect, loss of efficiency or productivity, acceleration of work, lost profits, and any other costs or damages related to any work either covered or affected by the change in the Work, or related to the events giving rise to the change. G. Pending final resolution of any request for a change in Contract Price, the Contractor shall proceed diligently with performance of all Work, including the work associated with such request and maintain its progress of the Work. H. If a City-caused delay for which Contractor seeks compensation is concurrent with a delay for which Contractor is responsible, City is responsible only for that portion of the delay which it caused in excess of the delay caused by Contractor, provided Contractor can prove such an apportionment.

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6.2 Method to Calculate Adjustments to Contract Price A. One of the following methods is to be used to calculate damages and/or adjustments to the Contract Price that result from or relate to a Change Proposal, Request for Change Order, and/or Claim. B. Determination of the method to be used to calculate adjustments in the Contract Price shall be at the sole discretion of the City. C. One of the following methods shall be used: 1. Unit Price Method; 2. Firm Fixed Price Method (also known as Lump Sum) D. Unit Price Method 1. Whenever City authorizes Contractor to perform Work on a Unit Price basis, the City’s authorization shall clearly state the: a. Scope of work to be performed; b. Applicable Unit Price; and, c. Not to exceed amount of reimbursement as established by the City. 2. The applicable Unit Price shall be deemed to include reimbursement for all Direct Costs and Indirect Costs of the Work, including Overhead and Profit as well as any impact, disruption, delay or inefficiency costs. 3. Contractor shall only be paid under this method, up to the not to exceed amount, for the actual quantity of materials incorporated in or removed from the Work and such quantities must be supported by field measurement statements verified by the City. E. Firm Fixed Price Method 1. The Contractor and the City may mutually agree on a fixed amount as the total compensation for the performance of changed work. 2. The Contractor shall provide a detailed cost breakdown supporting the Contractor’s requested adjustment to Contract Price and any other financial documentation requested by the Project Representative. 3. Any adjustments to the Contract Price using the Firm Fixed Price method shall include only Reasonable Costs for labor, equipment, material, Overhead and Profit. 4. Whenever the City authorizes Contractor to perform changed work on a Firm Fixed Price method, the City’s authorization shall clearly state: a. Scope of Work to be performed; and, b. Total Fixed Price payment for performing such work. 5. Contractor shall: a. Cooperate with the City and assist in monitoring the Work being performed; b. Substantiate the labor hours, materials, and equipment charge to the work under the Time and Materials Method by detailed time cards or logs completed on a daily basis before the close of business each working day. c. Present the time card and/or log at the close of business each working day to the Project Representative for review and initial each time card/log; d. Perform all Work in accordance with this provision as efficiently as possible; e. Not exceed any cost limit(s) without City’s prior written approval: and,

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f. Maintain all records of the work, including all records of the Subcontractors, Suppliers, and Materialmen, and make such records available for inspection as required in Sections 3.9, Record Documents, 3.10, Cost Records, and 3.11, Maintenance and Inspection of Documents. 6. Contractor shall submit costs and any additional information requested by the City to support Contractor’s requested price adjustment. 7. The Contractor shall only be entitled to be paid for Reasonable Costs actually incurred by the Contractor. The Contractor has a duty to control costs. If the City determines that the Contractor’s claimed costs exceed those allowed as Reasonable Costs, the City, at its discretion, may determine the Reasonable Cost for payment. Any adjustments to the Contract Price using the Time and Materials method shall be measured by Reasonable Cost (as supplemented by this Section 6) and shall cover the following subsections (a) through (e). If the provisions of the following subsections (a) through (e) impose reimbursement limitations greater than those in contained in the definition of Reasonable Cost, the following greater limitations shall prevail. a. Labor. For all labor, including foreman supervision, but excluding general superintendents, as may be necessary upon any particular operation, the Contractor shall be reimbursed for labor costs provided herein. The labor cost of an event or condition shall be calculated as the sum of the following: i. Labor Rate. The Labor Rate is the actual and Reasonable Cost using Prevailing straight time wage paid to the individual plus the actual and Reasonable Costs incurred by the Contractor to covers costs associated with the Federal Insurance Compensation Act (FICA), Federal Unemployment Tax Act (FUTA), State Unemployment Tax Act (SUCA), industrial insurance, fringe benefits, and benefit paid on behalf of labor by the Contractor. The above items shall be combined into a single wage rate for each classification of labor used, which shall be designated as the “Labor Rate” for the identified class of labor. The applicable rates shall be multiplied by the number of hours reasonably expended in each labor classification because of the event or condition to arrive at a total cost of labor. ii. Travel Allowance and/or Subsistence. The labor calculation shall include the actual costs of travel and/or subsistence paid to the Contractor’s employees engaged upon the Work when said payments are required by a labor agreement. b. Materials. The cost of materials resulting from an event or condition shall be calculated in one or more of the following methods, at the City’s election: i. Invoice Cost. The Contractor may be paid the actual invoice cost of materials including actual freight and express charges and applicable taxes less all available discounts, rebates, and back-charges, notwithstanding the fact that they may not have been taken by the Contractor. This method shall be considered only to the extent the Contractor’s invoice costs are Reasonable Costs and the Contractor provides copies of vendor invoices, freight and express bills, and other evidence of cost accounting and payment satisfactory to the City. As to materials furnished from the Contractor’s stocks for which an invoice is not available, the Contractor shall furnish an affidavit certifying its Actual Cost of such materials and such other information as the City may reasonably require;

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ii. Wholesale Price. The Contractor may be paid the lowest current wholesale price for which the materials are available in the quantities required, including customary costs of delivery and all applicable taxes less all available discounts, rebates, and back-charges; or, iii. City-Furnished Material. The City reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no Claim for any costs, Overhead or profit on such materials. c. Equipment. The additional cost, if any, of machine-power tools and equipment usage shall be calculated in accordance with the following rules: i. Equipment in Use Rates. Contractor Equipment in use shall be paid on the basis of Actual Equipment Cost. Except as provided above, Equipment in use rented by Contractor or Subcontractor on an arms-length basis from an unaffiliated lessor shall be paid on the basis of actual rental costs or the rates established according to the Rental Rate Blue Book for Construction Equipment, published by Machinery Information Division of PRIMEDIA Information Inc., whichever is less. For purposes of the preceding sentence, the Rental Rate Blue Book established rate shall be the monthly rate for the equipment plus the monthly rate for required attachments, divided by 176 hours per month, plus the hourly operating cost, multiplied by the appropriate area adjustment factor if appropriate, the rates shall apply for actual equipment usage up to eight hours per day and for all hours in excess of eight hours per day or 176 per month the established monthly rate shall be divided by 352 days per year, plus the hourly operating cost, multiplied by the area adjustment factor, if appropriate. Equipment in use rented from any affiliate or subsidiary substantially owned or controlled by Contractor or Subcontractor shall be paid at Actual Equipment Cost. ii. Transportation. If the necessary equipment is not already at the Site and it is not anticipated that it would be required for the performance of other work under the terms of the Contract, the calculation shall include only Reasonable Costs of the necessary transportation of such equipment. iii. Standby. Equipment is considered to be on standby only if: (a) the equipment is ready, able, and available to do the Work at a moment’s notice; (b) Contractor is required to have idle equipment because of an event or condition solely caused by the City; and (c) the Contractor can demonstrate that it could have and intended to use the equipment on other projects/jobs. Contractor Equipment on standby will be paid at 25% of Actual Equipment Cost. Equipment on standby rented by Contractor or Subcontractor on an arms-length basis from an unaffiliated lessor shall be paid on the basis of the lesser of actual rental costs or 25% of the adjusted hourly rate identified in the Rental Rate Blue Book for Construction Equipment, published by Machinery Information Division of PRIMEDIA Information Inc. Standby shall not be paid during periods of Contractor-caused delay, concurrent delay, Unusually Severe Weather Conditions, seasonal shutdown, routine maintenance, down-time or broken equipment, late delivery of equipment or supplies, or other anticipated occurrence specified in the Contract Documents. No payment shall be made for standby on any piece of equipment which has been used on the Project in any 24 hour period. No payment shall be made for standby on any piece of equipment after such piece of equipment has been unused on the Project for

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seven (7) or more calendar days. Standby costs shall not be paid for weekends, holidays, and any time the equipment was not intended to be used on the Project as demonstrated by the Project Schedule. Equipment on standby rented from any affiliate or subsidiary substantially owned or controlled by Contractor or Subcontractor shall be paid at 25% of Actual Equipment Cost. iv. Actual Cost Determination. Failure of Contractor or Subcontractor to maintain, keep and/or present cost records required by Section 3.10 or Section 3.11 sufficient to accurately establish Actual Equipment Cost shall operate to bar any right or remedy of Contractor for payment of additional compensation for any Contractor Equipment, whether in use or standby. d. Subcontractor & Supplier. Direct Costs associated with Subcontractors and Suppliers shall exclude Overhead and Profit markups and shall be calculated and itemized in the same manner as prescribed herein for Contractor. Contractor shall provide detailed breakdown of Subcontractors’ and Suppliers’ invoices. e. Overhead and Profit Markup. i. In connection with any Change Order, Claim or other requested change to the Contract Price, the City will only pay Overhead and Profit pursuant to the Overhead and Profit Markups set forth herein. The Overhead and Profit Markups cover all Overhead regardless of how the Contractor chooses to account for various costs in its books of account. ii. Overhead and Profit markups shall not be applied to Freight, delivery charges, express charges, and sales tax. iii. The allowed Overhead and Profit markup shall not exceed the following: 1. If the Contractor is self performing work: 10% combined Overhead and Profit markup on the Contractor’s Direct Costs; or 2. If a Subcontractor or Supplier is performing work: 10% for the Subcontractor’s Direct Cost for performing the work and 6% on the Direct Costs of the Subcontractors' or Suppliers'; provided that the 6% is to be divided among upper tier Subcontractors and the Contractor when a Subcontractor or Supplier is performing the work. 3. If the value of material and equipment is greater than 50% of the total value of the change, the Overhead and Profit Markup shall only be 8% for material and equipment. 4. In no event shall the total combined Overhead and Profit markup for the Contractor and all Subcontractors and Suppliers of any tier exceed 16% of the Direct Cost to perform the Change Order work. iv. Direct Costs shall include Labor (as defined in Section 6.2 F4a), Materials (as defined in Section 6.2 F4b), Equipment (as defined in Section 6.2 F4c), and Subcontractor and Supplier Costs (as defined in Section 6.2 F4d). v. Home Office Overhead as defined in Section 1.1.EE is not allowed and shall not be paid for any delay caused by Owner unless such delay put the Contractor on standby for an indefinite duration and Contractor was unable to take on other work. F. Deductive Changes to the Contract Price

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1. A deductive change to the Contract Price may be determined by taking into account: a. Costs incurred and saved by the Contractor as a result of the change, if any; b. The costs of labor, material, and equipment saved by the change. These costs shall be calculated following as closely as possible with the provisions identified in Section 6, Time and Price Adjustments. The City is entitled to adjustments for Overhead and Profit; and/or, c. At the discretion of the City, costs set forth in the Contractor’s bid documents. 2. Where the City has elected not to correct incomplete or defective Work, the adjustment in the Contract Price shall take into account: a. The decreased value to the City resulting from the incomplete or defective Work; and, b. The increased future costs which the City may incur by reason of the incomplete or defective Work. G. Full Compensation An adjustment calculated in accordance with the provisions of this Section shall be full and complete compensation and final settlement of all changes and claims for all (a) time; (b) direct, indirect, and overhead costs; (c) profit; and (d) any and all costs or damages associated with delay, inconvenience, disruption of schedule, impact, ripple effect, loss of efficiency or productivity, acceleration of work, lost profits, and/or any other costs or damages related to any work either covered or affected by the changed work, or related to the events giving rise to the change.

SECTION 7: PAYMENT AND COMPLETION 7.0 Applications for Payment A. On or about the first business day of each month, the Contractor shall submit to the City an Application for Payment. Each application shall be on a form acceptable to the City and designated as an “Application for Payment.” The Contractor shall include with each Application For Payment: 1. Current Schedule of Values reflecting the work done since the last Application for Payment and the cumulative work completed to date; 2. Project Schedule and the most current updates; and, 3. Affidavits signed by all Subcontractors performing Work as of the last Application for Payment, stating that each of them has been paid, less earned retainage, as their interests appeared in the last Application For Payment. B. Inclusion of the required documentation is a condition precedent to payment. The Contractor is not entitled to payment for any work unless the Application for Payment includes all required documentation. The City reserves the right to withhold payment pursuant to Section 7.2, Payments Withheld, if it is subsequently determined that all required documentation was not provided by the Contractor or any of the documentation provided by the Contractor was inaccurate or otherwise objectionable. At the City’s option, no payments will be made after the date of expiration of the Contract Time, as established in the Contract, until final payment. C. In the event the City terminates the Contract or Work in whole or part for default or for convenience, the City shall be entitled to reimbursement from Contractor of the difference between Mobilization Payments made as of the effective date of the termination minus the 00 07 00 - 45 General Terms and Conditions 000112 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

Reasonable Cost incurred by Contractor in performing the Mobilization. If Contractor fails to maintain and/or preserve records sufficient to determine the Reasonable Cost of such Mobilization, City shall be entitled to a full reimbursement of all Mobilization Payments made to Contractor prior to the effective date of the termination. The reimbursement allowed under this subsection may at City’s option be paid by way of offset, withholding of sums otherwise due and/or from Contractor’s Performance Bond, Section 10.0. D. The Application for Payment shall correlate the amount requested with the Schedule of Values and with the state of completion of the Work, as measured by the current Project Schedule. In addition to Work performed by the Contractor, Applications for Payment may include: 1. The cost of major materials or equipment (major material or equipment to be identified on the Schedule of Values) suitably stored on the Site; and, 2. With the City’s consent, up to 75% of the cost of major materials or equipment suitably stored off the Site if the City’s interest in those major materials or equipment is protected through insurance and the Contractor provides documentation of such insurance. 7.1 Payments A. The City shall comply with RCW 39.76, as amended, and promptly review each Application for Payment and identify in writing any cause for disapproval within eight (8) working days. In addition to withholding payment for unsatisfactory performance or failure to comply with Contract requirements, if the Contractor’s Application for Payment fails to recognize any back-charges, off-sets, credits, change orders, or deductions in payment made in accordance with Section 7.2, Payments Withheld, the City shall have the right to revise or disapprove Contractor’s Application For Payment because the Application For Payment is not considered a properly completed invoice. B. If an Application for Payment is accepted by the City, it shall be paid within forty-five days of the City’s receipt of the properly prepared invoice (Application for Payment). 7.2 Payment Withheld A. In addition to moneys retained pursuant to RCW 60.28 and without waiver of any other available remedies, the City has the right to recapture, withhold, nullify, or back-charge, in whole or in part, any payments due to Contractor or payments made to the Contractor as may be necessary for reasons including but not limited to: 1. Failure of the Contractor to submit or obtain acceptance of a Progress Schedule, Schedule of Values, and any updated Schedules; 2. Defective or non-conforming Work; 3. Costs incurred by the City to correct, repair or replace defective or non-conforming Work, or to complete the Work; 4. A reasonable doubt that the Contract can be completed for the balance then unpaid; 5. A reasonable concern by the City that the materials, equipment or component parts are not in proper operating condition; 6. Assessment of Liquidated Damages; 7. Failure to perform in accordance with the Contract; 8. Cost or liability that may occur to the City as the result of the Contractor’s or Subcontractor’s acts, omissions, fault, or negligence; 9. Deduction in Contract Work; 10. Failure of Contractor to repair damaged materials, equipment, property, or Work; 00 07 00 - 46 General Terms and Conditions 000113 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

11. Failure of the Contractor to provide or obtain review of Submittals; 12. Failure to keep Record Documents up to date; 13. Failure to comply with all applicable federal, state, and local laws, statutes, regulations, codes, licenses, easements, and permits; 14. Failure to obtain and maintain applicable permits, insurance, and bonds; 15. Failure to provide Statement of Intent to Pay Prevailing Wage and/or Affidavits of Wages Paid; 16. Failure to comply with the Contract safety requirements; and, 17. Failure to pay Subcontractors or Suppliers. 18. Payments made by mistake. 19. Payments made erroneously and/or excess of the sum actually due under the Contract. 20. Failure to supply acceptable documentation of compliance with federal labor standards. B. The withholding, nullification, or back-charge of any payment(s) by the City shall in no way relieve the Contractor of any of its obligations under this Contract. 7.3 Title A. Title to all Work and materials covered by an accepted and paid Application for Payment shall pass to the City at the time of such payment, free and clear of all liens, claims, security interest, and encumbrances. Passage of title shall not, however, (1) relieve Contractor from any of its duties and responsibilities for the Work or materials, (2) waive any rights of the City to insist on full compliance by Contractor with the Contract requirements, or (3) constitute acceptance of the Work or materials. 7.4 Retainage A. RCW Chapter 60.28, concerning the rights and responsibilities of Contractor and the City with regard to retainage are made a part of the Contract by reference as though fully set forth herein. B. Pursuant to RCW 60.28.011 and RCW 39.08.030, claims or “liens” by Subcontractors and Suppliers against the retained fund or the retainage bond must be in writing and submitted to the Project Representative at the address given for notices in this Contract, for filing with the Project documents. The Project Representative will maintain a copy of all claims “liens” against the retainage in the Project document files. 7.5 Substantial Completion Procedure A. When the Contractor considers that all Work or Work associated with Contract milestones is substantially complete, the Contractor shall give notice to the City. 1. The City shall promptly inspect the Work and, if the City does not agree that the Work is substantially complete, the City will prepare a Punch List (list of items to be completed or corrected). a. The City reserves the right to add to, modify, or change the Substantial Completion Punch List as circumstances dictate. b. Failure by the City to include any items on such list does not alter the responsibility of the Contractor to complete or correct the Work in accordance with the Contract. B. At the Contractor’s request, the City may identify those Punch List items that must be completed or corrected in order for the Contractor to achieve Substantial Completion.

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1. When the City determines that those Punch List items have been completed or corrected by the Contractor, the City shall make a determination that the Work is Substantially Complete. 2. A Certificate of Substantial Completion will be issued by the City which shall establish the date of Substantial Completion. 3. This Certificate of Substantial Completion shall state the responsibilities of the City and the Contractor for security, maintenance, heat, utilities, damage to the Work, insurance, and the time to complete remaining Punch List work before Liquidated Damages begin to accrue for the Contractor’s failure to achieve Physical Completion and Final Acceptance in a timely manner. 4. The City shall assess Liquidated Damages for the Contractor’s failure to complete or correct the required Punch List items for Substantial Completion within the Contract Time. C. As provided in the Contract, the City may, at its sole discretion, grant Substantial Completion to specific subsystems or portions of the Work. The dates of Substantial Completion shall be determined, in writing, by the City. 7.6 Final Inspection and Final Punch List Procedure A. All remaining Punch List items that were not corrected prior to Substantial Completion shall be successfully completed by the Contractor prior to the Contractor’s request for Final Acceptance. When the Contractor considers that all Contract Work is ready for final inspection and Final Acceptance, the Contractor shall give written notice to the City. B. The City shall promptly perform a final inspection of the Work and, if necessary, prepare a Final Punch List (a list of items to be completed or corrected by the Contractor prior to the City granting Physical Completion and/or Final Acceptance). C. The Contractor shall complete or correct the items identified in the Final Punch List within the time period specified therein. Should the Contractor fail to complete or correct all remaining Final Punch List items within the required time, the City may assess Liquidated Damages against the Contractor for failure to achieve Physical Completion and/or Final Acceptance in a timely manner. D. After the Contractor completes all items identified in the Final Punch List(s), the Contractor shall notify the City that the Final Punch List items have been successfully completed. Thereafter, after verification by the City that such completion was satisfactory, the Contractor shall submit a Final Application for Payment. 7.7 Requirements for Final Application for Payment A. In addition to any other requirement identified in the Contract Documents, the Final Application for Payment shall include the following documents: 1. Affidavit of Wages Paid for Contractor and all Subcontractors and Suppliers in accordance with state law; 2. Release of Lien Certification for every Subcontractor and Supplier; 3. Contractor’s release of claims against the City, except for Claims specifically described in the release document and submitted in accordance with Section 9, Claims and Litigation; 4. Copies of the warranties and guarantees required by the Contract; 5. Permit approvals and Certificates of Occupancy; 6. Operation and Maintenance Manuals;

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7. Record Set of Drawings and Specifications (The record set shall be accurate, readable, and orderly, and shall be submitted in computer format and/or hard copy as required by the City. The Record set shall carry the Contractor name, date submitted and a notation identifying it as the project record documents); 8. Stamped permit set of documents and any other documents called for elsewhere in the Contract; and, 9. Right of Way Agreement, Easements and Property Releases. 7.8 Final Acceptance A. Final Acceptance shall be achieved when all the obligations of the Contract have been successfully performed by the Contractor in accordance with the Contract and accepted by the City. B. Neither Final Acceptance, nor Final Payment, shall release Contractor or its sureties from any obligations under this Contract or the Performance and Payment Bonds, or constitute a waiver of any claims by the City arising from or related to Contractor’s performance or failure to perform the Work and to meet all Contractual obligations in accordance with the Contract, including but not limited to: 1. Unsettled liens, security interests or encumbrances; 2. Damaged, non-conforming, or defective Work discovered by the City; 3. Terms of any warranties or guarantees required by the Contract; and, 4. Payments made in error. C. Except for any Claims properly submitted in accordance with Section 9, Claims and Litigation, acceptance of Final Payment by the Contractor shall, on behalf of itself and its Subcontractor and Suppliers or Sureties, forever and unconditionally release and discharge the City, it officers, agents, employees, from: 1. Any and all disputes or claims, including but not limited to claims for damages, fines, interest, taxes, attorney fees, or costs, demands, rights, actions or causes of actions, known or unknown, arising out of or in any way related to the parties’ performance under the Contract and/or Project; and, 2. Any and all known and/or unknown liabilities, obligations, demands, actions, suits, debts, charges, causes of action, requests for money and/or payment under the Contract, outstanding invoices, or claims directly or indirectly arising out of or related to the Contract and/or Project. 7.9 Warranty and Guaranty A. In addition to any special warranties provided elsewhere in the Contract, Contractor warrants that all Work conforms to the requirements of the Contract and is free from any defect in equipment, material, design, or workmanship performed by Contractor or its Subcontractors and Suppliers. B. The warranty period shall be for a period of two (2) years from the date of Final Acceptance. C. With respect to all warranties, express or implied, for Work performed or materials furnished according to the Contract, Contractor shall: 1. Obtain all warranties that would be given in normal commercial practice from the supplier and/or manufacturer; 2. Prior to Final Acceptance require all warranties be executed, in writing, for the benefit of the City; 3. Enforce all warranties for the benefit of the City. 00 07 00 - 49 General Terms and Conditions 000116 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

D. If, within an applicable warranty period, any part of the Work is found not to conform to the Contract, the Contractor shall correct it promptly after receipt of written notice from the City to do so. In the event the City determines that Contractor’s corrective action is not satisfactory and/or timely performed, then the City has the right to either correct the problem itself or procure the necessary services, recommendations, or guidance from a third party. All damages incurred by the City and all costs for the City’s remedy including consultants and attorneys' fees shall be reimbursed by the Contractor. E. The warranty provided in this provision shall be in addition to any other rights or remedies provided elsewhere in the Contract or by applicable law. 7.10 Prior Occupation The City shall have the right to occupy such part or parts of the Project in or upon which the Work is being done, as it may see fit, before the Final Acceptance, and such occupation shall not be construed as acceptance by the City of the Work or constitute Substantial Completion of the Work.

SECTION 8: TERMINATION OR SUSPENSION OF THE WORK 8.0 City’s Right to Terminate Contract A. Termination for Default 1. In addition to grounds stated elsewhere in the Contract, the City may terminate, without prejudice to any right or remedy of the City, the Work, or any part of it, for cause upon the occurrence of any one or more of the following events: a. Contractor fails to prosecute the Work or any portion thereof with sufficient diligence to ensure Substantial Completion of the Work within the Contract Time; b. Contractor fails to prosecute the Work or any portion thereof with sufficient diligence to ensure Final Acceptance of the Work in a timely manner; c. Contractor is insolvent, files a petition for bankruptcy protections, is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; d. Contractor fails in a material way to timely repair, replace or correct Work not in conformance with the Contract; e. Contractor repeatedly fails to supply skilled workers or proper materials or equipment; f. Contractor repeatedly fails to make prompt payment to its employees or Subcontractors and Suppliers; g. Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, permits, easements or orders of any public authority having jurisdiction; h. Contractor fails to comply with any Contract safety requirement; or, i. Contractor is otherwise in material breach of any provision of the Contract. 2. If the City reasonably believes that one of the aforementioned events has occurred, the City will provide the Contractor with written notice of default, specifying within such notice the ground(s) for such default termination. The City, at its option, shall require the Contractor to either promptly correct the deficiencies noted in the City’s Default Notice or provide the City with a corrective action plan as to how such deficiencies will be remedied or cured in a timely fashion. If requested to do so by the City, the 00 07 00 - 50 General Terms and Conditions 000117 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

Contractor shall provide a detailed corrective action plan within fifteen (15) days of the request. However, if after receipt of the proposed remedy, the City has a reasonable basis for concluding that the Contractor has (a) failed or is unwilling to repair, replace or correct the deficiencies, or (b) failed or is unwilling to provide a reasonable and satisfactory corrective action plan, the City shall thereafter have the right to terminate this Contract for default. 3. Upon termination: a. The City shall call upon the Surety to perform its obligations under the Performance and Payment Bonds. The Surety shall, within fifteen (15) days of the date of notice of termination of Contractor from City, respond either in the affirmative or in the negative of Surety’s intent to fully perform its obligations under the Performance and Payment Bonds under the same terms and conditions of this Agreement. Failure to respond within fifteen (15) days shall be deemed a response in the negative. b. If the Surety responds in the negative to its obligations under Paragraph 8.0, A.3, the City shall: i. Take possession of the Site and possession of or use of all materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor; and/or ii. Finish the Work by whatever other reasonable method it deems to be in its best interests. 4. The Contractor and its sureties shall be liable for all damages and costs, including but not limited to: (1) compensation for architect and engineering services and expenses made necessary thereby; (2) any other costs or damages incurred by the City in completing and/or correcting the Work; and (3) any other special, incidental or consequential damages incurred by the City which results or arises from the breach or Termination for Default, provided, however, that any special, incidental or consequential damages under (3) shall not exceed $1.0 Million Dollars. 5. In the event of Termination for Default the City shall only pay the Contractor for Work successfully completed and accepted by the City prior to the date of termination. The City shall not be responsible for any other Contractor costs, expenses, or damages including any consequential, special, or incidental damages or lost profits associated with this Contract. In no event shall the City reimburse the Contractor for any costs directly or indirectly related to the cause of this Termination for Default. 6. If, after Termination for Default, it is determined that the Contractor was not in default, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the City. 7. The rights and remedies of the City in this provision are in addition to any other rights and remedies provided by law or under this contract, inclusive specifically of all audit rights. B. Termination for Convenience 1. Upon written notice the City may terminate the Work, or any part of it, without prejudice to any right or remedy of the City inclusive of all audit rights in the Contract, for the convenience of the City. 2. If the City terminates the Work or any portion thereof for convenience, Contractor shall only be entitled to be paid for Adjusted Contract Work as follows: 00 07 00 - 51 General Terms and Conditions 000118 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

a. Reasonable Direct Costs for all Adjusted Contract Work executed in conformance with the Contract and completed prior to the effective date of the termination; and b. A reasonable allowance for Overhead and Profit for Adjusted Contract Work actually performed in conformance with the Contract and accepted by the City prior to the date of termination, at a rate not to exceed the percentage amount set forth in the Contract and in Sections 6.2, Method to Calculate Adjustments to Contract Price, subparagraph C4e, Overhead and Profit; and, c. The term “Adjusted Contract Work” as used herein means the Contract Work as adjusted by any additive or deductive Change Orders executed prior to the effective date of the termination. 3. Termination for convenience shall not enlarge, expand, modify, alter or in any way subsume or convert the rights or remedies (if any) of Contractor with respect to any Claim, Change Proposal, Field Directive, Notice of Intent to Submit a Request for Change Order, Request for Change Order or other request for any revision to the Contract Price or Contract Time pending at the time of the termination (collectively, “Pending Requests”). Without limiting the foregoing, the termination for convenience shall not have the effect of converting the Pending Requests into no-fault or assumed liabilities of the City. Following any termination for convenience, Contractor’s rights or remedies (if any) to any extra compensation, change in the Contract Price or additional Contract Time for any Pending Requests shall be continue to be subject to and governed by the same Contract provisions, legal rules and processes, defenses and burdens of proof that would apply but for the termination. 4. Except as provided for herein, the Contractor shall not be entitled to any other costs or damages whatsoever (including without limitation Profit and Overhead on the terminated Work). The total sum payable upon termination shall not exceed the Contract Price reduced by prior payments. Contractor shall be required to make any request for adjustment related to reasonable Direct Costs of Adjusted Contract Work incurred prior to the termination or Pending Requests in accordance with Sections 5, Changes to the Contract, and 6, Time and Price Adjustments. 5. If it appears that due any cause or reason the Contractor would have incurred a loss on the entire Contract had it been completed, the City shall not reimburse Contractor any Profit or Overhead for the Adjusted Contract Work completed and shall reduce the settlement to reflect the indicated rate of loss. 6. If the payments made by the City prior to the effective date of the termination exceed the reasonable Direct Cost of the Adjusted Contract Work, the City shall at its option be entitled to a credit for the overpayment. The Contractor shall cooperate with any audit the City elects to conduct pursuant to the terms of the Contract. . 7. The rights and remedies of the City in this provision are in addition to any other rights and remedies provided by law or under this Contract, inclusive specifically of all audit rights. C. Contractor’s Obligations During Termination. Unless the City directs otherwise, after receipt of a written notice of Termination for Default or Termination for Convenience, Contractor shall promptly: 1. Stop performing Work on the date and as specified in the notice of termination; 2. Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work not terminated; 3. Cancel all orders and subcontracts, upon terms acceptable to the City, to the extent that they relate to the performance of Work terminated; 00 07 00 - 52 General Terms and Conditions 000119 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

4. Assign as specifically requested by the City all of the rights, title, and interest of Contractor in all orders and subcontracts; 5. Take such action as may be necessary or as directed by the City to preserve and protect the Work, Site, and any other property related to this Project in the possession of Contractor in which the City has an interest; 6. Continue performance of Work only to the extent not terminated; and, 7. Take any other steps required by the City with respect to this Project. 8.1 Suspension of Work A. City Issued Directive Suspending Work 1. The City may order the Contractor, in writing, to suspend all or any part of the Work of this Contract for the period of time that the City determines appropriate for the convenience of the City. The Contractor shall not suspend the Work without written direction from the City specifically authorizing the Suspension of Work. 2. Upon receipt of a written notice suspending the Work, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize costs attributable to such suspension. Within a period up to 120 days after the suspension notice is received by the Contractor, or within any extension of that period which the City requires, the City shall either: a. Cancel the written notice suspending the Work; or b. Terminate the Work for either Default or Convenience 3. If a written notice suspending the Work is canceled or the period of the Suspension or any extension thereof expires, the Contractor shall resume Work as required by the City. 4. If the performance of all or any part of the Work is, for an unreasonable period of time, suspended by the written direction of the City, the Contractor may be entitled to an adjustment in the Contract Time, or Contract Price, or both, for increases in the time or cost of performance directly attributable to such unreasonably long suspension and provided that the Contractor sufficiently documents all costs and time impacts attributable to the suspension. No adjustments to Contract Price and/or Contract Time shall be allowed unless the Contractor can demonstrate that the unreasonable period of suspension caused by the City impacted Critical Path work and delayed the Contractor from completing the Contract Work on time. The Contractor shall comply with the requirements of Sections 5, Changes to the Contract, and 6, Time and Price Adjustments, in seeking an adjustment. Sums paid to Contractor for labor, supervision, material, equipment (including standby) on account of suspension shall not exceed those allowed by Section 6.2F. Failure to comply with these requirements shall constitute a waiver of Contractor rights to any adjustment in Contract Time and/or Contract Price. 5. No adjustment shall be made under this provision for any suspension to the extent that Contractor’s performance would have been suspended, delayed, or interrupted as a result of actions, omissions, fault or negligence caused, in whole or in part, by the Contractor or any of its Subcontractors and Suppliers. Any costs related to Contractor Equipment on standby during the suspension shall be paid only and strictly in accordance with Section 6.2F. B. Constructive Suspension of Work 1. In the event that the Contractor believes that some action or omission on the part of the City constitutes constructive suspension of Work, the Contractor shall immediately 00 07 00 - 53 General Terms and Conditions 000120 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

notify the City in writing that the Contractor considers the actions or omission a constructive suspension of Work. This written notification shall detail the circumstances of the constructive suspension of Work. 2. The Contractor shall keep cost and other project records related to the constructive suspension separately from normal project costs. Except for potential payment of additional Overhead as described below in Section 5.4C.1, any payments to Contractor caused by or related to suspension shall be in accordance with Section 6.2F. 3. To the extent the Contractor believes it is entitled to any additional money or time as a result of the suspension of Work or constructive suspension, Contractor shall submit a Request for Change Order to the City as more fully described in Article 5, Changes to the Contract. The Contractor shall provide a Request for Change Order within thirty- five (35) days of (1) the City’s Notice canceling the suspension or (2) termination of the Work. 4. The Contractor is compensated for Overhead, including unabsorbed home office overhead, through the Overhead and Profit markup described in Section 6.2, Methods to Calculate Adjustments to Contract Price. If the Contractor can demonstrate through verifiable cost records that the Overhead and Profit markup is insufficient to cover the Contractor’s costs for unabsorbed home office overhead, which shall be limited to executive and administrative salaries, accounting expenses, home office rent and expenses, company insurance, utilities, telephone, fax and computers for the home office, the Contractor may be entitled to additional compensation for unabsorbed home office overhead provided the Contractor demonstrates full compliance with all of the following: a. The Contractor shall demonstrate that the Work was suspended solely by actions for which the City is entirely responsible; b. The Contractor shall demonstrate that the Project’s cash flow has been or will be substantially adversely impacted as a direct and sole result of such suspension; c. The suspension was of an indefinite duration at the time the suspension arose; d. The City required the Contractor to remain on standby during the suspension period; e. The Contractor was unable to re-sequence or reorganize the Work in order to continue working and maintain cash flow for the Project; f. The Contractor was ready, capable, and willing to perform Contract Work during the suspension; g. The Contractor was unable to take on other work as a direct result of the suspension and the only reason the Contractor was unable to take on other work was because of the suspension; and, h. That the suspension to the Project’s completion date did not simply result from additional work caused by Change Orders which did not result in a substantial impact to the Project’s cash flow. 5. The Contractor’s recovery of additional Overhead as described above is limited to actual unabsorbed home office overhead (as defined in 5.4C.1) minus the Overhead and Profit markup calculated in accordance with Section 6.2, Methods to Calculate Adjustments to Contract Price.

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6. Failure to comply with these requirements shall constitute a waiver of Contractor's rights to any adjustment in Contract Time and/or Contract Price. 7. No adjustment shall be made under this provision for any suspension to the extent that Contractor’s performance would have been suspended, delayed, or interrupted as a result of actions, omissions, fault or negligence caused, in whole or in part, by the Contractor or any of its Subcontractors and Suppliers. Any costs related to Contractor Equipment on standby during the suspension shall be paid only and strictly in accordance with Section 6.2F. 8.2 City’s Right to Stop the Work for Cause If Contractor fails or refuses to perform its obligations in accordance with the Contract, the City may order Contractor, in writing, to stop the Work, or any portion thereof, until satisfactory corrective action has been taken. Contractor shall not be entitled to any adjustment in the Contract Time and/or Contract Price for any increased cost or time of performance attributable to Contractor’s failure or refusal to perform its obligations under the Contract. SECTION 9: CLAIMS AND LITIGATION 9.0 Contractor Claims A. Condition Precedent to Filing a Claim. 1. The following actions are a mandatory condition precedent to filing a Claim: a. A Request for Change Order is denied or deemed denied by the City; or b. A Unilateral Change Order is issued by the City. B. Failure to file a Timely Claim. 1. At least seven (7) days prior to the appropriate time to file a Claim specified herein, the Contractor may request an extension of time for filing its Claim. The Contractor shall state the reasons for the request and identify a date certain when the Contractor shall provide a fully documented Claim. Unless otherwise agreed to in writing by the Project Representative, a fully documented Claim shall be received by the Project Representative within thirty (30) days after, the denial or deemed denial of a Request for Change Order, or Contractor’s receipt of an Executed Unilateral Change Order. 2. Failure to comply with the time requirements set for filing a Claim shall constitute acceptance by the Contractor, on behalf of itself and its Subcontractors and Suppliers, of the Unilateral Change Order and/or the City’s denial or deemed denial of a Request for Change Order. Such acceptance shall be considered complete, full, and final settlement of all costs, damages, and Claims related to or arising from the Request for Change Order and/or Unilateral Change Order. C. Contractor’s Obligation to Continue to Work. Pending final decision of a Claim hereunder, the Contractor shall proceed diligently with the performance of the Contract Work, including that work associated with the Claim, and maintain its progress with the Work. Failure to proceed as required herein shall constitute grounds for termination under Section 8.0(A). D. Information required in a Fully Documented Claim. Every Claim must be submitted by the Contractor, in writing and clearly designated by the Contractor as a fully documented Claim. At a minimum, a fully documented Claim must contain the following information: 1. A detailed factual statement of the Claim providing all necessary details, locations, and items of Contract Work affected; 2. The date on which facts arose that gave rise to the Claim;

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3. The name of each person employed or associated with the Contractor, Subcontractors, Suppliers, and/or the City with knowledge about the event or condition which gave rise to the Claim; 4. Copies of documents and a written description of the substance of any oral communications that concern or relate to the Claim; 5. The specific provisions of the Contract Documents on which the Claim is based; 6. If an adjustment in the Contract Price is sought, the exact amount sought, calculated in accordance with the Contract and accompanied by (a) all records supporting the Claim and (b) all records meeting the requirements of Section 3.10 and Section 3.11; 7. If an adjustment in the Contract Time is sought, the specific days and dates for which it is sought; the specific reason the Contractor believes an adjustment in the Contract Time should be granted; and the Contractor’s analyses of its Progress Schedule, any specific Schedule analysis as required by the Contract Documents, and all updates to demonstrate the reason for the adjustment in Contract Time; and, 8. A statement certifying, under penalty of perjury, that after the exercise or reasonable diligence and investigation the Claim is made in good faith, that the supporting cost and pricing data are true and accurate to the best of the Contractor’s knowledge and belief, that the Claim is fully supported by the accompanying data, and that the amount requested accurately reflects the adjustment in the Contract Price or Contract Time for which the Contractor believes the City is liable. E. Contractor’s Duty to Cooperate. The Contractor shall cooperate with the City or its designee in the evaluation of its Claim and provide all information and documentation requested by the City or its designee. F. The City’s Evaluation of the Claim. 1. To assist the City in the review of the Contractor’s Claim, the City or its designee may visit the Site, request additional information and/or documentation in order to fully evaluate the issues raised in the Claim and/or audit the Claim. 2. After the Contractor has submitted a fully documented Claim that complies with this provision, the City shall respond, in writing, to the Contractor within sixty (60) days from the date the fully documented Claim is received with either: a. A decision regarding the Claim; b. Written Notice extending for another thirty (30) days the City’s time to respond to the Claim. 3. Absent a thirty (30) day extension, the Claim shall be deemed denied upon the sixty- first (61st) day following receipt of the Claim by the City. If the City had a thirty (30) day extension, the Claim shall be deemed denied upon the ninety-first (91st) day following receipt of the Claim by the City. G. Appeal Process of a Denial or Deemed Denial of the Claim. 1. Contractor shall notify the City of its disagreement with the denial or deemed denial of the Contractor’s Claim and file a fully documented Appeal to the City Engineer within twenty-one (21) days after the deemed denial or receipt of the denial. 2. Failure to notify the City and file a fully documented Appeal constitutes acceptance of the denial or deemed denial and the Contractor waives any right to any adjustment in Contract Price and/or Contract Time with respect to the Claim. 3. A fully documented Appeal shall contain the following information:

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a. All documentation and information previously provided to the City in support of the Contractor’s Claim including but not limited to the documentation identified in Section 9.0, Contractor Claims, paragraph D; b. A copy of the City’s denial of the Claim; c. A detailed explanation why the Contractor believes the City’s decision is incorrect and why the Claim should be granted; and 4. Any technical data or additional documentation supporting the Contractor’s position. 5. At the discretion of the City Engineer, the City Engineer may request additional information or a meeting with the Contractor. 6. After the Contractor has submitted a fully documented Appeal that complies with this provision, the City Engineer shall respond, in writing, to the Contractor within sixty (60) days from the date the Appeal is received. Absent a written response by the City Engineer, the Appeal shall be deemed denied upon the sixty-first (61st) day following receipt of the Appeal by the City Engineer. 7. Contractor shall notify the City of its disagreement with the denial or deemed denial of the Contractor’s Appeal within twenty-one (21) days after the deemed denial or receipt of the denial. Failure to notify the City constitutes acceptance of the denial or deemed denial and the Contractor waives any right to any adjustment in Contract Price and/or Contract Time with respect to the Appeal. 9.1 Contractor’s Burden of Proof on Claim A. The Contractor shall have the burden of proof to demonstrate entitlement to and the amount of any damages as allowed by the Contract. In no event shall Contractor’s recovery exceed the sums allowed by Section 6.2(F). B. If the Contractor, on behalf of itself or its Subcontractors and Suppliers seeks an adjustment in the Contract Price or Contract Time not supported by Project cost records meeting the requirements of Section 3.10 or Section 3.11, the Claim is waived. C. Compliance with the record keeping requirements set forth in this Contract is a mandatory condition precedent to recovery of any costs or damages related to or arising from performance of the Contract Work. If the City establishes non-compliance of the record- keeping requirement set forth in Section 3.11, Cost Records, no adjustment shall be allowed or made to the Contract Price and/or Contract Time with respect to that Claim. D. No Claim submitted to Alternate Dispute Resolution (ADR) or pursued by the Contractor in litigation shall seek damages greater than those set forth in the Contractor’s Claim, except for accrual of any interest allowed under Section 6.1(D). 9.2 Litigation A. As a mandatory condition precedent to the initiation of litigation by the Contractor against the City, Contractor shall: 1. Comply with all provisions set forth in this Contract; 2. Enter into an Alternate Dispute Resolution (ADR) process agreeable to both parties at any time during Contract Time but no later than sixty (60) days after issuance of the Certificate of Substantial Completion for the entire Project or Final Acceptance if a Certificate of Substantial Completion for the entire Contract is not issued; and complete the ADR process within 240 days after issuance of Substantial Completion for the entire Project or Final Acceptance if no Certificate of Substantial Completion for the entire Contract is issued; and

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3. Receive the Certificate of Substantial Completion for the entire Contract or Final Acceptance if a Certificate of Substantial Completion for the entire Contract is not issued. B. Any litigation brought against the City shall be filed and served on the City within 365 days from either the issuance of the Certificate of Substantial Completion for the entire Contract or Final Acceptance if no Certificate of Substantial Completion of the entire Contract is issued. The requirement that the parties participate in ADR does not waive the requirements of this subparagraph. C. Venue and jurisdiction shall vest solely in the King County Superior Court. D. Failure to comply with these mandatory condition time requirements shall constitute a waiver of the Contractor’s right to pursue judicial relief for any Claim arising from work performed under this Contract. SECTION 10: MISCELLANEOUS 10.0 Contractor’s Performance and Payment Bond No later than ten days after notice of selection, the Contractor shall execute and deliver to the City a performance and payment bond for 100% of the Contract Price, on a form acceptable to the City with an approved surety company and in compliance with Chapter 39.08 RCW. The Contractor shall promptly furnish additional bond security to protect the City and persons supplying labor or materials required by the Contract if: 1. The City has a reasonable objection to any surety; 2. Any surety fails to furnish reports on its financial condition pursuant to City’s request; or, 3. The Contract Price increases beyond the bond amount. 10.1 Indemnification/Hold Harmless A. The Contractor shall protect, defend, indemnify, and save harmless the City, its officers, officials, employees, and agents, from any and all claims, demands, suits, penalties, losses, damages, judgments, or costs of any kind whatsoever (hereinafter “claims”), arising out of or in any way resulting from the Contractor’s and/or Subcontractor’s and Supplier’s of all tiers acts or omissions, performance or failure to perform this Contract, to the maximum extent permitted by law or as defined by RCW 4.24.115, now enacted or as hereinafter amended. B. The Contractor’s obligations under this section shall include, but not be limited to, 1. The duty to promptly accept tender of defense and provide defense to the City at the Contractor’s own expense. 2. The duty to indemnify and defend the City from any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing duty is specifically and expressly intended to constitute a waiver of the Contractor’s immunity under Washington’s Industrial Insurance Act, RCW Title 51, as respects the City with a full and complete indemnity and defense of claims made by the Contractor’s employees. The parties acknowledge that these provisions were mutually negotiated upon by them. 3. To the maximum extent permitted by law, the Contractor shall indemnify and defend the City from and be liable for all damages and injury caused to property or owners of property on or in the vicinity of the Work or which occurs to any person or persons or property whatsoever arising out of the performance of this Contract, whether or not such injury or damage is caused by negligence of the Contractor or caused by the inherent nature of the work specified. 00 07 00 - 58 General Terms and Conditions 000125 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

C. The City may, in its sole discretion, (1) withhold amounts sufficient to pay the amount of any claim for injury, and/or (2) pay any claim for injury of which the City may have knowledge, regardless of the formalities of notice of such claim, arising out of the performance of this Contract. D. Any amount withheld will be held until the Contractor secures a written release from the claimant, obtains a court decision that such claim is without merit, or satisfies any judgment on such claim. In addition, the Contractor shall reimburse and otherwise be liable for claims costs incurred by the City, including, without limitation, costs for claims adjusting services, attorneys, engineering, and administration. E. In the event the City incurs any judgment, award, and/or costs arising therefrom, including attorneys’ fees, to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. 10.2 Compensation, Wages, Benefits and Taxes The City assumes no responsibility for the payment of any compensation, wages, benefits, or taxes owed by the Contractor by reason of this Contract. The Contractor shall indemnify and hold the City, its officers, agents, and employees, harmless against all liability and costs resulting from the Contractor’s failure to pay any compensation, wages, benefits or taxes.

10.3 Successors and Assigns The City and the Contractor each binds itself, its partners, successors, assigns and legal representatives to the other with respect to all covenants, agreements and obligations contained in the Contract. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any moneys due or to become due to it hereunder, without the previous written consent of the City.

10.4 Third Party Agreements Except as otherwise may be provided, the Contract shall not be construed to create a contractual relationship of any kind between: any architect or engineer, or any Subcontractor, or any persons other than the City and Contractor.

10.5 Nonwaiver of Breach No action or failure to act by the City shall constitute a waiver of any right or duty afforded to the City under the Contract; nor shall any such action or failure to act by the City constitute an approval of or acquiescence in any breach hereunder, except as may be specifically stated by the City in writing.

10.6 Notice to the City of Labor Disputes A. If Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay timely performance in accordance with the Contract, Contractor shall immediately give notice, including all relevant information, to the City. B. Contractor agrees to insert a provision in its Subcontracts and Supply Contracts and to require insertion in all sub-subcontracts or sub-supply contracts, that in the event timely performance of any such contract is delayed or threatened by any actual or potential labor dispute, all Subcontractors, Suppliers or lower-tiered Subcontractor or Suppliers shall immediately notify the next higher tier or Contractor, as the case may be, of all relevant information concerning the dispute. 10.7 Liquidated Damages against Contractor Liquidated Damages, in an amount set forth elsewhere in the Contract Documents, will be assessed for Contractor’s failure to achieve a designated Contract Milestone, Substantial 00 07 00 - 59 General Terms and Conditions 000126 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

Completion, Physical Completion and/or Final Acceptance within the Contract Time. These Liquidated Damages are not a penalty, but will be assessed against the Contractor for failure to achieve these Contract requirements. These Liquidated Damage amounts are fixed because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City would in such events sustain. These amounts shall be construed as the actual amount of damages sustained by the City, and may be retained by the City and deducted from payments to the Contractor. Assessment of Liquidated Damages shall not release the Contractor from any further obligations or liabilities pursuant to the Contract. A. Failure to Achieve Substantial Completion. Timely performance and completion of the Work is essential to the City and the time limits stated in the Contract are of the essence. The City will incur serious and substantial damages if Substantial Completion of the Work does not occur within the Contract Time. B. Failure to Achieve Physical Completion. Timely performance and completion of the Work is essential to the City and the time limits stated in the Contract are of the essence. The City will incur serious and substantial damages if Physical Completion of the Work does not occur within the Contract Time C. Failure to Achieve Final Acceptance. Final Acceptance of the Work is essential to the City and the time limits as identified by the City are of the essence. The City will incur serious and substantial damages if Final Acceptance of the Work does not occur as the City requires. 10.8 Headings The headings used in the Contract are for convenience only and shall not be considered a part of or affect the construction or interpretation of any contractual provision therein.

10.9 Choice of Law In the event that either party shall bring a lawsuit or action related to or arising out of this Contract, such lawsuit or action shall be brought in the King County Superior Court, Washington. This Contract shall be governed by, and construed and enforced in accordance with the laws of the State of Washington.

10.10 Severability The provisions of this Contract shall be effective in all cases unless otherwise prohibited by Washington State Law or applicable Federal Law. The provisions of this Contract are separate and severable. The invalidity of any sentence, paragraph, provision, section, Section, or portion of this Contract shall not affect the validity of the remainder of this Contract.

END OF SECTION 00 07 00

00 07 00 - 60 General Terms and Conditions 000127 SECTION 00 07 10 SUPPLEMENTAL CONDITIONS

Supplementary CDBG General Conditions (04/2016)

FEDERAL CONTRACT REQUIREMENTS

U.S. DEPARTMENT OF HOUSING And URBAN DEVELOPMENT

King County Housing and Community Development Supplemental Construction Contract Conditions

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SUPERSEDING

If there are conflicts between this exhibit and other sections of this bid document/agreement and amendments these Supplementary Conditions shall supersede such sections unless otherwise agreed upon in writing by both parties.

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1. PRECONSTRUCTION CONFERENCE

Either before or soon after the actual award of the Contract (but in any event prior to the start to Work at site), the Contractor or his representative, and his subcontractors, shall attend a Preconstruction Conference with representatives of the Owner, the Engineer, or Architect, and the King County Community Development Block Grant Program. The Conference will be held to establish procedures for handling shop drawings and other submittals and for processing applications for payment, and to acquaint the participants with the general plan of contract administration and requirements under which the construction operation is to proceed. The date, time, and place of the Conference will be furnished to the Contractor by the Owner or the Architect/Engineer. The Contractor will notify his subcontractors of the Conference and require their attendance.

2. SUBMISSION OF COMPLIANCE DOCUMENTS

A. In order to document his compliance with the King County Community Development Block Grant Program requirements and Federal regulations, the successful Bidder will be required to submit and to require his subcontractors to submit various forms and reports required by the Contract Documents, including but not limited to:

1. HCD Labor Form 3 Contract/Sub-Contract Activity Form; 2. HCD Labor Form 4 Prime Contractor Cert. of Business Status; 3. HCD Labor Form 5 Sub-Contract Agreement for any sub-contracts; 4. HCD Labor Form 6 Sub-Tier Sub-Contract Agreement for any sub-tier sub-contracts; 5. HCD Labor Form 6A List of Subcontractors 6. HCD Labor Form 7 Authorization to Sign Payroll 7. HCD Labor Form 8 Fringe Benefit Form attached to submitted weekly payrolls 8. HCD Labor Form 9 Dept. of Labor Weekly Payroll Form WH347 9. HCD Labor Form 9A Employee Roster Form 10. HCD Labor Form 10 No Work Performed in lieu of Dept of Labor Payroll Form if no work is performed 11. HCD Labor Form 13 Labor Compliance Closeout List 12. HCD Section 3 Form 1 HUD Section 3 re New Hires on contracts over $100,000 13. HCD – Labor 4.16 Info Form #4 – Unanticipated Discovery Plan (UDP)

B. Contractors and subcontractors will be required to allow interviews with employees on the job during working hours.

3. ACCESS TO RECORDS

The Secretary of HUD, the King County Community Development Block Grant Program, the Comptroller General of the United States, the Owner and any of their duly authorized representatives shall have access to all books, accounts, records, reports, files,

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and other papers or property of the Contractor and his Subcontractors pertaining to work performed under this Contractor and his Subcontractors pertaining to work performed under this Contract for the purpose of making surveys, audits, examinations, excerpts, and transcripts. The Contractor shall retain records pertinent to this Contract for a period of six years from the date of termination or completion of this contract.

4. ELIGIBLE SUBCONTRACTORS

The Contractor shall not propose or contract with any person or entity included in the United States Department of Housing and Urban Development Consolidated List of Debarred, Suspended, and Ineligible Contractors and Grantees, or legally prohibited from conducting business in Washington State.

5. INTEREST OF CERTAIN FEDERAL OFFICIALS

No member of or delegate to the Congress of the United States and no Resident Commissioners shall be admitted to any share or part of this Agreement or to any benefit that may arise hereunder.

6. INTEREST OF OWNER'S EMPLOYEES OR OTHER PUBLIC OFFICIALS

No member officer, or employee of King County, or its designees or agents, no member of the governing body of the city in which the Project is located, and no other public official of the city in which the Project is located who exercises any functions or responsibilities with respect to the King County Community Development Block Grant Program during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or any subcontract, or the proceeds thereof. The Contractor shall incorporate, or cause to be incorporated, in all subcontracts a provision prohibiting such interest.

7. CERTIFICATION REGARDING LOBBYING

By signing this contract the undersigned certifies, to the best of his or her knowledge and belief, that:

A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

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Congress, or an employee of a Member of Congress in connection with this Federal contract grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants. loans and cooperative agreements) 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.

8. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246)

A. The offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.

B. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.

C. As used in this Notice, and in the contract resulting from this solicitation, the covered area is King County, Washington.

9. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (Executive Order 11246)

A. As used in these specifications:

1. "Covered area means the geographical area described in the solicitation from which this contract resulted;

2. "Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom tile Director delegates authority;

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3. "Minority" includes:

a. Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

b. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race);

c. 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

d. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification).

B. 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 the 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.

C. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with the Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

D. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified.

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E. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

F. 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.

G. 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 Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:

1. Ensure and maintain a working environment free of harassment, intimidation, and coercion, at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.

2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.

3. 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, recruitment source or community organization and of what action was taken with respect 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 therefore, along with whatever additional actions the Contractor may have taken.

4. Provide immediate written notification to the Director when the union or union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the

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Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.

5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.

6. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.

7. 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 onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

8. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.

9. 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 organization such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

10. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer

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and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force.

11. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.

12. Conduct, at least annually, an inventory and evaluation at least 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.

13. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.

14. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing shall be provided to assure privacy between the sexes. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

15. Document and maintain a record of all solicitations of offers for subcontractors from minority construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

16. Conduct a review, at least annually, of all supervisors’ adherence to and performance under the Contractor's EEO policies and affirmative action obligations.

H. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected to the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates 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.

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I. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is under utilized).

J. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

K. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

L. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and 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.

M. 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 these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

N. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

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O. 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).

10. COMPLIANCE WITH EQUAL OPPORTUNITY PROVISIONS FOR CONSTRUCTION PROJECTS

During the performance of this contract, the contractor agrees as follows:

A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

E. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

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F. In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

G. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

11. SECTION 3

A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The Contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number of job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

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D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.

F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

12. CERTIFICATION OF NONSEGREGATED FACILITIES

By signing the Bid Proposal, the Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term segregated facilities means any waiting rooms, work areas, restrooms and washrooms, 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, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed subcontractors for specific time periods) he 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, and that he will retain such certifications in his files.

*Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

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13. FEDERAL LABOR STANDARDS PROVISIONS

A. Applicability

The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

B. Minimum Wages

1. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cost equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(l)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed, The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(l)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

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2. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

a. The work to be performed by the classification requested is not performed by a classification in the wage determination; and

b. The classification is utilized in the area by the construction industry; and

c. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

3. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)

4. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise) HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

5. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (2)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

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(i) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor Shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(ii) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations, under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

C. Withholding

HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages requited by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis- Bacon Act contracts.

D. Payrolls and Basic Records

1. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records

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shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof of the types described in Section 1 (b)(2)(B) of the Davis Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(l)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or described in Section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the cost anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

a. The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to King County. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to King County for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).

2. Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

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a. That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and complete;

b. That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;

c. That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

3. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph A.3.(ii)(b) of this section.

4. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.

5. The contractor or subcontractor shall make the records required under paragraph A.3(I) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Further- more, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12.

E. Apprentices and Trainees

Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary

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employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a state Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

F. Trainees

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated

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with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

G. Equal Employment Opportunity

The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

H. Compliance with Copeland Act Requirements

The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract.

I. Subcontractors

The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.

J. Contract termination; debarment

A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

K. Compliance with Davis-Bacon and Related Act Requirements

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.

L. Disputes concerning labor standards.

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Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.

M. Certification of Eligibility

1. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

2. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

3. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., Federal Housing Administration transactions “, provides in part: “Whoever, for the purpose of...influencing in any way the action of such Administration...makes, utters or publishes any" statement, knowing the same to be false, shall be fined not more than $5,000 or imprisoned not more than two years, or both."

N. Complaints, Proceedings, or Testimony by Employees

No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified, or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.

O. Contract Work Hours and Safety Standards Act

As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements

No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which

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he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek in any contract in an amount in excess of $100,000.

2. Violation; liability for unpaid wages; liquidated damages

In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph.

3. Withholding for unpaid wages and liquidated damages

HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.

4. Subcontracts

The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

5. Health and Safety

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1. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.

2. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96).

3. The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

14. CLEAN AIR AND WATER POLLUTION CONTROL ACTS

The contractor shall comply with all applicable standards, orders, or requirements issued under the Federal Water Pollution Control Act (33 USC 1251 et seq.) the Clean Air Act (42 USC 1857 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Parts 15 and 61) including the following requirements:

A. The Contractor warrants that any facility utilized in the performance of this agreement is not listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20 as of the date of contract award.

B. The Contractor will comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said sections and all regulations and guidelines issued thereunder.

C. The Contractor agrees that as a condition for the award of this contract he will notify the owner of the receipt of any communication from the Assistant Administrator of EPA that a facility to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; and will make any such notification promptly prior to contract award.

D. The Contractor will include or cause to be included the criteria and requirements in paragraphs (1) through (4) of this article in every non-exempt subcontract and will take such action as the United States Government or its agencies may direct as a means of enforcing such provisions.

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15. SECTION 3 BUSINESS CONCERN REPRESENTATION

A. The offeror represents and certifies as part of its bid/offer that it:

1. That is 51 percent or more owned by Section 3 residents; or

2. Whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3 residents, or within three years of the date of their first employment with the business were Section 3 residents; or

3. That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded by the business under the proposed contract to Section 3 businesses as defined above and identified below:

Proposed Subcontractor Amount of (Name and Address) Subcontract

[Continue on separate sheet as needed]

4. is not a Section 3 business. (Do not complete (b))

B. If a Section 3 business, the offeror also represents and certifies as part of its bid/offer that it is a:

1. Category I Business: A Section 3 business concern that provides economic opportunities for Section 3 residents in the service area or neighborhood in which the Section 3 covered project is located.

24 of 35 000151 Supplementary CDBG General Conditions (04/2016)

2. Describe below the economic opportunities for Section 3 residents in the service area or neighborhood in which the Section 3 covered project is located, or reference the part of your Section 3 Opportunities Plan where this is described:

3. Category 2 Business: An entity selected to carry out a HUD Youthbuild program in the metropolitan area, or non-metropolitan county, in which the Section 3-covered funding is expended.

4. Other Section 3 business concern as indicated in (a) above.

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16. HOLD HARMLESS AND INDEMNIFICATION

Contractor Indemnification of County

A. This subsection applies to all non-state agencies. The Contractor shall protect, defend, indemnify, and save harmless the County, their officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, contractors, subcontractors and/or agents, in its performance and/or non-performance of its obligations under this contract. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects to the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of RCW, Title 51. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. To the extent that an Contractor subcontractor fails to satisfy its obligation to defend and indemnify King County, as detailed in XVII, the Contractor shall protect, defend, indemnify and hold harmless King County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards or damages arising out of, or in any way resulting from the negligent act or omissions of the Contractor’s contractor/subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract.

B. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice.

C. The Contractor agrees not to perform any acts that include, but are not limited to, use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, that constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. The Contractor agrees to indemnify the County for any harm resulting from unfair trade practices.

D. The provisions in this section shall survive the termination and/or duration of the contract term.

E. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract.

17. INSURANCE REQUIREMENTS—GENERAL

A. Minimum Limits of Insurance—Capital Projects

The Contractor shall maintain limits no less than, for:

1. Commercial General Liability: $1,000,000 combined single limit per occurrence by bodily injury, personal injury, and property damage; and for those policies with aggregate limits, a $2,000,000 aggregate limit.

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2. Professional Liability, Errors, and Omissions: $1,000,000, Per Claim and in the Aggregate.

3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage if the use of motor vehicles is contemplated

4. Workers’ Compensation: Statutory requirements of the state of residency.

5. Stop Gap /Employers Liability: $1,000,000.

6. Property Insurance: One hundred percent replacement value of funded structure.

7. Contractors Pollution Contractor shall provide Contractor’s Pollution Liability coverage in the amount of $1,000,000 per occurrence and in the aggregate.

B. Minimum Limits of Insurance—-Building Construction Period

Prior to commencement of building construction and until construction is complete and approved by the Contractor, the Contractor shall cause the construction contractor and related professionals to procure and maintain insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the activities related to this Contract. The Contractor and County shall be a named as additional insureds on liability policies except Workers Compensation and Professional Liability and as Named Insureds on Builders Risk policies. The cost of such insurance shall be paid by the Contractor and/or any of the Contractor’s contractors/ subcontractors. The Contractor shall maintain limits no less than, for:

1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage and $2,000,000 in the aggregate. Endorsement coverage shall be documented and provided on Commercial General Liability Form CG 2010 11/85 or its equivalent.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the Aggregate

4. *Builder's Risk Insurance: One hundred percent replacement cost value.

5. Workers Compensation: Statutory requirements of the State of residency.

6. Stop Gap or Employers Liability Coverage: $1,000,000.

C. Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Contractor’s liability to the County and shall be the sole responsibility of the Contractor.

*Builders Risk Insurance does not apply to infrastructure projects that do not have a facility or structural component listed as part of the scope in the project activities.

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D. Other Insurance Provisions

The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions:

1. All Liability Policies except Professional and Workers Compensation

a. The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor/Contractor in connection with this Contract. Such coverage shall include Products-Completed Operations.

b. To the extent of the Contractor’s/Contractor’s negligence, the Contractor’s/ Contractor’s insurance coverage shall be primary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees, or agents shall not contribute with the Contractor’s insurance or benefit the Contractor in any way.

c. The Contractor’s insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer’s liability.

2. Property Coverage Policies

a. The County shall be added to all Property Coverage Policies as a loss payee as its interests may appear.

b. The County shall be added as a Named Insured as their interests may appear to all Builders Risk policies

3. All Policies

Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after 45 days prior written notice has been given to the County.

E. Acceptability of Insurers

Unless otherwise approved by the County, insurance is to be placed with insurers with a Bests’ rating of no less than A: VIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests’ surplus size VIII.

Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests’ rating of B+VII. Any exception must be approved by the County.

If, at any time, the foregoing policies shall fail to meet the above requirements, the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval.

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F. Verification of Coverage

The Contractor shall furnish the County with certificates of insurance and endorsements required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time.

G. Subcontractors

The Contractor shall include all subcontractors as insureds under its policies or shall require separate certificates of insurance and policy endorsements from each subcontractor. Insurance coverages provided by contractors/subcontractors, as evidence of compliance with the insurance requirements of this Contract, shall be subject to all of the requirements stated herein.

H. Additional Federal Nondiscrimination Requirements

The Contractor shall comply with all applicable federal laws prohibiting discrimination, including the following:

1. Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 CFR Part 107;

2. Section 109 of the HCD Act of 1974, as amended (42 USC 5301);

3. The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218 and 225); and

4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8.

I. Prohibited Discriminatory Actions.

1. The Contractor may not, under any program or activity to which this Contract may apply, directly or through contractual or other arrangements, discriminate on the grounds of age, color, creed, familial status, marital status, nationality, religion, race, sex, sexual orientation, or the presence of any, physical, mental or sensory disability. Discriminatory actions may include but are not limited to the following:

a. Denying any person access to facilities, services, financial aid or other benefits provided under the program or activity.

b. Denying any person services due to limited English proficiency.

c. Providing any person with facilities, services, financial aid or other benefits, which are different, or are provided in a different form from that provided to others under the program or activity.

d. Subjecting any person to segregated or separate treatment in any facility or in any matter or process related to receipt of any service or benefit under the program or activity.

29 of 35 000156 Supplementary King County Contract Conditions (06/2014)

e. Restricting in any way access to or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity.

f. Treating any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided any facilities, services or other benefit provided under the program or activity.

g. Denying any person any opportunity to participate in a program or activity as an employee.

h. Failing to design and construct facilities for first occupancy after January 26, 1993 that are readily accessible to and usable by individuals with disabilities and failure to remove architectural and communication barriers that are structural in nature in existing facilities, where such removal can be accomplished without difficulty and expense.

2. The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of age, color, familial status, nationality, race, religion, sex, or sexual orientation; or mental, physical, or sensory disability; or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular age, color, familial status, nationality, race, religion, sex, or sexual orientation; or the presence of any mental, physical, or sensory disability.

3. The Contractor, in determining the site or location of housing or facilities provided in whole or in part with funds under this Contract, may not make selections of such site or location which have the effect of excluding individuals, denying them benefits, or subjecting them to discrimination on the grounds of age, sex, marital status, familial status, religion, race, creed, color, sexual orientation, nationality, or the presence of any sensory, mental or physical disability; or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the HCD Act or of the HUD Regulations.

J. Employment Projections

In all solicitations under this Contract, the Contractor shall state that all qualified applicants will be considered for employment. The words “equal opportunity employer” in advertisements shall constitute compliance with this Section.

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18. SUBCONTRACTS AND PURCHASES

A. Subcontract Defined

“Subcontract” shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term “subcontract” does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies.

B. Writing Required

Any work or services assigned or subcontracted hereunder shall be in writing and must be approved by the County. The Contractor agrees that it is as fully responsible to the County for the acts and omissions of its subcontractors and their employees and agents, as it is for the acts and omissions of its own employees and agents.

C. Required Contract Terms

The Contractor agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services, which relate to the subject matter of this Contract:

“Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employee, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph.”

D. Debarred Contractors

The Contractor shall not make any award at any time to any contractor, which is debarred, suspended or excluded, from participation in federal assistance programs under Executive Order 12549, “Debarment and Suspension”.

E. Subcontracting Requirements

A Contractor which receives federal funds under this Contract also shall include the following Sections in every subcontract or purchase order for goods and services which are paid for in whole or in part with funds provided under this Contract:

1. The Labor Standards provisions are included in the aforesaid sub-tier contract; 2. The applicable Davis-Bacon wage rates are included in aforesaid sub-tier contract; 3. This Addendum to the contract between contractor and subcontractor is part of the sub- tier contract; and 4. Correction of any infractions of the aforesaid conditions, including infractions by the sub-contractor and any lower tier subcontractors, is a mutual responsibility.

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F. Washington State Prevailing Wages

Contractor shall maintain records indicating that the it has paid all employees performing work under this contract in compliance with state prevailing wage rules set forth in Chapter 39.12 RCW.

1. Contractor shall submit to King County, prior to work, copies of Washington State Statement of Intent to Pay Prevailing Wages”. 2. Prior to release of retainage by Owner, “Affidavits of Wages Paid” by all subcontractors shall be submitted to King County as required by RCW 39.12.040. If the Contractor believes that prevailing wage are not required for this project, the Contractor shall provide verification to HCD Community Development that it has consulted with and obtained confirmation from the Washington Department of Labor and Industries that such requirements do not apply and shall submit a signed certification attesting to that fact. 3. If there is a difference between Washington State Prevailing Wages and Federal Davis-Bacon wages, the contractor and all subcontractors shall pay the higher of the two wages.

G. Federal Bid Guarantee and Bond Requirements

1. If the Contractor is subcontracting construction work under this Contract, the subcontract shall require for any construction contracts exceeding $100,000:

a. A bid guarantee from each bidder equivalent to five percent of the bid price; b. A performance bond from the contractor for one hundred percent of the contract price; and c. A payment bond from the contractor for one hundred percent of the contract price. The Contractor may, at its discretion, require any of these requirements on construction contracts of less than $100,000. The specific requirements for bid guarantees and bonds are at 24 CFR Part 84.48(c) for nonprofit corporations and 24 CFR Part 85.36(h) for municipal corporations and agencies of the State of Washington.

2. The Contractor shall submit to the HCD Project manager all copies of Project bonds demonstrating compliance with this section and elsewhere defined in the Construction Documents.

H. Failure to Comply is Default

Failure by the Contractor to require compliance with the above terms and conditions in subcontracts shall constitute a breach of this Contract.

I. Fixed Price Procurement –the Contractor agrees to use a more restrictive procurement procedure than that specified in 24 CFR Part 84.40 through 84.48. The Contractor agrees to use only lump sum fixed price contract for all goods and services procured with funds provided under this Contract.

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J. Project Funding Sign During Construction

The Contractor shall include the following phrase on a construction sign erected during construction to identify funding sources used for the project:

“Funding for this project was provided by King County’s Community Development Block Grant Program.”

19. CONFLICT OF INTEREST

A. Contractor Covenants

The Contractor covenants that no officer, employee, consultant, elected or appointed official, or agent of the Contractor who exercises any functions or responsibilities in connection with the activities funded in whole or in part under this Contract, herein, or any other person who presently exercises any functions or responsibilities in connection with the activities funded herein, shall have any personal financial interest, direct or indirect, in this Contract. The Contractor shall take appropriate steps to assure compliance with this provision.

B. Non-Disclosure is Grounds for Termination

If the Contractor violates the above provisions or does not disclose other interests required to be disclosed pursuant to King County Code Chapter 3.04, or if the Contractor is a municipal corporation which has adopted an employee code of ethics, and violates the adopted employee code of ethics, the County shall not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial breach of this Contract and grounds for termination as well as any other right or remedy provided in this Contract or law.

20. RECORD-KEEPING REQUIREMENTS AND SITE VISITS

A. The Contractor shall maintain, for at least six years after completion of all work under this Contract, the following:

1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and

2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records.

The County may visit, at any time, the site of the work and the Contractor’s office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents.

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B. Sanctions for Violations

Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by the Contract and by applicable law.

C. Additional Federal Nondiscrimination Requirements

The Contractor shall comply with all applicable federal laws prohibiting discrimination, including the following:

1. Executive Order 11063 as amended by Executive Order 12259 and implementing regulations at 24 CFR Part 107;

2. Section 109 of the HCD Act of 1974, as amended (42 USC 5301);

3. The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218 and 225); and

4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8.

D. Employment Projections

E. Construction Project Requirements

1. Prior to any payment on the project, pre-approval must be received from County staff that federal labor standards and other requirements as described in the Construction Documents have been met. If the Agency pays the Contractor before the County approves, the Contractor will be responsible for any compliance problems.

2. Construction project reporting:

a. All documentation and communication regarding this project shall be identified by the HCD Project Activity Number and Project Name.

b. The weekly payroll reports and documentation of construction activity and supporting documents for labor compliance shall be submitted to: King County Housing and Community Development, Attn.: Randy Poplock, 401 Fifth Avenue, Suite 510, Seattle, WA 98104 prior to any payment of CDBG funds for work that the Contractor has applied for payment. Upon review and approval of said documents, the Contractor shall be advised by the County that payment can be made.

c. The Contractor shall provide documentation to the County at contract/subcontract completion showing that the contract activities were completed in accordance with the Contract.

34 of 35 000161 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

General Wage Decision

GENERAL WAGE DECISION

U.S. Department of Labor

The following Federal Davis-Bacon wage rates are made a part of this agreement. The Contractor is responsible for complying with the current Federal wage decision during the construction period.

General Decision Number: WA180095 12/07/2018 WA95

Superseded General Decision Number: WA20170095

State: Washington

Construction Type: Heavy including water and sewer line construction

County: King County in Washington.

HEAVY CONSTRUCTION PROJECTS (including sewer/water construction).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/05/2018 1 02/23/2018 2 03/30/2018 3 04/27/2018 4 08/10/2018 5 09/14/2018 6 09/21/2018 00 07 - 350 35 of 35 SUPPLEMENTAL CONDTIONS 000162 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

7 10/19/2018 8 11/02/2018 9 11/23/2018 10 12/07/2018

ASBE0007-001 06/01/2018

Rates Fringes

ASBESTOS WORKER/HEAT & FROST INSULATOR (Pipe and Duct Insulation)...... $ 53.62 17.81 ------CARP0770-030 06/01/2018

Rates Fringes

CARPENTER (Including Formwork)...$ 43.92 16.12 MILLWRIGHT...... $ 45.42 16.12 PILEDRIVERMAN...... $ 44.17 16.12

(HOURLY ZONE PAY: WESTERN AND CENTRAL WASHINGTON - ALL CLASSIFICATIONS EXCEPT MILLWRIGHTS AND PILEDRIVERS

Hourly Zone Pay shall be paid on jobs located outside of the free zone computed from the city center of the following listed cities:

Seattle Olympia Bellingham Auburn Bremerton Anacortes Renton Shelton Yakima Aberdeen-Hoquiam Tacoma Wenatchee Ellensburg Everett Port Angeles Centralia Mount Vernon Sunnyside Chelan Pt. Townsend

Zone Pay: 0 -25 radius miles Free 26-35 radius miles $1.00/hour 36-45 radius miles $1.15/hour 46-55 radius miles $1.35/hour Over 55 radius miles $1.55/hour

(HOURLY ZONE PAY: WESTERN AND CENTRAL WASHINGTON - MILLWRIGHT AND PILEDRIVER ONLY)

Hourly Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center

Zone Pay: 0 -25 radius miles Free 26-45 radius miles $ .70/hour Over 45 radius miles $1.50/hour

------ELEC0046-006 08/06/2018

00 07 - 360 SUPPLEMENTAL CONDTIONS 000163 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

Rates Fringes

ELECTRICIAN...... $ 50.57 3%+20.21 ------* ELEC0077-001 02/01/2018

Rates Fringes

Line Construction: LINEMEN...... $ 51.73 1%+17.50 ------ENGI0302-026 06/01/2018

Rates Fringes

Power equipment operators: Group 1A...... $ 44.44 19.97 Group 1AA...... $ 45.09 19.97 Group 1AAA...... $ 45.73 19.97 Group 1...... $ 43.79 19.97 Group 2...... $ 43.23 19.97 Group 3...... $ 42.74 19.97 Group 4...... $ 40.01 19.97

Zone Differential (Add to Zone 1 rates): Zone 2 (26-45 radius miles) - $1.00 Zone 3 (Over 45 radius miles) - $1.30

BASEPOINTS: Aberdeen, Bellingham, Bremerton, Everett, Kent, Mount Vernon, Port Angeles, Port Townsend, Seattle, Shelton, Wenatchee, Yakima

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1AAA - Cranes-over 300 tons, or 300 ft of boom (including jib with attachments)

GROUP 1AA - Cranes 200 to 300 tons, or 250 ft of boom (including jib with attachments);Tower crane over 175 ft in height, base to boom; Excavator/Trackhoe: Over 90 metric tons

GROUP 1A - Cranes, 100 tons thru 199 tons, or 150 ft of boom (including jib with attachments);Crane-overhead, bridge type, 100 tons and over; Tower crane up to 175 ft in height base to boom; Loaders-overhead, 8 yards and over; excavator/Trackhoe: over 50 metric tons to 90 metric tons; Backhoe- 6 yards and over with attachments

GROUP 1 - Cranes 45 tons thru 99 tons, under 150 ft of boom (including jib with attachments);Crane-overhead, bridge type, 45 tons thru 99 tons; Derricks on building work; Excavator/Trackhoe: over 30 metric tons to 50 metric tons; Loader- overhead 6 yards to, but not including 8 yards; Dozer D-10; Screedman; Scrapers: 45 yards and over; Grader/Blade; Paver

00 07 - 370 SUPPLEMENTAL CONDTIONS 000164 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

GROUP 2 - Cranes, 20 tons thru 44 tons with attachments;Crane-overhead, bridge type-20 tons through 44 tons; Drilling machine; Excavator/Trackhoe: 15 to 30 metric tons; Horizontal/directional drill operator; Loaders-overhead under 6 yards; Crane Oiler-100 Tons and Over; Scraper: under 45 tons; Backhoe- 3 yards and under; Mechanic; Piledriver; Boring Machine

GROUP 3 - Cranes-thru 19 tons with attachments;A-frame crane over 10 tons; Dozers-D-9 and under; Motor patrol grader-nonfinishing; Roller-Plant Mix; Crane Oiler under 100 tons; Excavator/Trackhoe: under 15 metric tons; Service Oiler; Conveyors; Backhoe 75 hp and under; Boom Truck over 10 tons

GROUP 4 - Cranes-A frame-10 tons and under; Roller-other than plant mix; Rigger/Bellman; Grade Checker; Drill Assistant; Boom Truck 10 tons and under

------IRON0086-010 07/01/2018

Rates Fringes

IRONWORKER (Reinforcing, Structural and Ornamental)...... $ 40.81 28.22 ------LABO0242-004 06/01/2018

Rates Fringes

Laborers: GROUP 2...... $ 29.83 11.49 GROUP 3...... $ 37.27 11.49 GROUP 4...... $ 38.19 11.49 GROUP 5...... $ 38.80 11.49

ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES): ZONE 2 - $1.00 ZONE 3 - $1.30

BASE POINTS: BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT. TOWNSEND, PT. ANGELES, AND BREMERTON

ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall

LABORERS CLASSIFICATIONS

GROUP 2: Flagman

GROUP 3: General Laborer; Mason Tender-Cement/Concrete; Form 00 07 - 380 SUPPLEMENTAL CONDTIONS 000165 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

Stripping;Sign Erector/Installer

GROUP 4: Grade Checker; Pipe Layer; Handheld Drill; High Scaler; Jackhammer

GROUP 5: Mason Tender-Brick

------PAIN0005-008 07/01/2018

Rates Fringes

PAINTER (Brush, Roller and Spray)...... $ 22.94 11.61 ------PLAS0528-004 06/01/2018

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 42.63 17.44 ------PLUM0032-011 06/01/2018

Rates Fringes

Plumbers and Pipefitters...... $ 59.21 23.88 ------* TEAM0174-003 01/01/2018

Rates Fringes

Truck drivers: ZONE A: GROUP 1:...... $ 35.63 18.67 GROUP 2:...... $ 34.79 18.67

ZONE B (25-45 miles from center of listed cities*): Add $.70 per hour to Zone A rates. ZONE C (over 45 miles from centr of listed cities*): Add $1.00 per hour to Zone A rates.

*Zone pay will be calculated from the city center of the following listed cities:

BELLINGHAM CENTRALIA RAYMOND OLYMPIA EVERETT SHELTON ANACORTES BELLEVUE SEATTLE PORT ANGELES MT. VERNON KENT TACOMA PORT TOWNSEND ABERDEEN BREMERTON

TRUCK DRIVERS CLASSIFICATIONS

GROUP 1 - Dump Trucks, side, end and bottom dump, including semi-trucks and trains or combinations thereof with 16 yards to 30 yards capacity: Over 30 yards $.15 per hour additional for each 10 yard increment.; Water Truck-3,000 gallons and over; Semi-Trailer Truck

00 07 - 390 SUPPLEMENTAL CONDTIONS 000166 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

GROUP 2 - Dump trucks, side, end and bottom dump, including semi-trucks and trains or combinations thereof with less than 16 yards capacity; Water Truck- less than 3,000 gallons

HAZMAT PROJECTS

Anyone working on a HAZMAT job, where HAZMAT certification is required, shall be compensated as a premium, in addition to the classification working in as follows: LEVEL C: +$.25 per hour - This level uses an air purifying respirator or additional protective clothing. LEVEL B: +$.50 per hour - Uses same respirator protection as Level A. Supplied air line is provided in conjunction with a chemical "splash suit." LEVEL A: +$.75 per hour - This level utilizes a fully- encapsulated suit with a self-contained breathing apparatus or a supplied air line.

------SUWA2009-061 08/07/2009

Rates Fringes

LABORER: Landscape & Irrigation...... $ 8.77 1.80

OPERATOR: Asphalt Plant...... $ 34.14 0.68

OPERATOR: Bobcat/Skid Steer/Skid Loader...... $ 10.63 0.00

OPERATOR: Broom/Sweeper...... $ 30.39 3.77

OPERATOR: Forklift...... $ 28.03 7.28

OPERATOR: Power Shovel...... $ 25.12 7.83

TRUCK DRIVER: Flatbed Truck.....$ 22.74 6.29

TRUCK DRIVER: Lowboy Truck...... $ 22.89 5.72 ------

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

======

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is 00 07 - 400 SUPPLEMENTAL CONDTIONS 000167 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

------

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates 00 07 - 410 SUPPLEMENTAL CONDTIONS 000168 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. 00 07 - 420 SUPPLEMENTAL CONDTIONS 000169 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

======

END OF GENERAL DECISION for Federal Wages

END OF SECTION

00 07 - 430 SUPPLEMENTAL CONDTIONS 000170 CITY OF SNOQUALMIE KOINONIA PARK IMPROVEMENTS

King County Prevailing Wage Rates

The Contractor is responsible for contacting Washington Department of Labor and Industries (LNI) to establish prevailing wage rates that apply to this contract. Work under this contract may not be limited to the trades or wages listed below.

County Trade Job Classification Wage Holiday Overtime

King Cement Masons Journey Level $60.07 7A 1M King Landscape Construction Irrigation Or Lawn Sprinkler Installers $13.56 1 King Landscape Construction Landscape Equipment Operators Or Truck Drivers $28.17 1 King Landscape Construction Landscaping or Planting Laborers $17.87 1 King Playground & Park Equipment Installers Journey Level $11.50 1

END OF SECTION 07000

00 07 - 440 SUPPLEMENTAL CONDTIONS 000171

DIVISION 1 – GENERAL PROVISIONS

01110 – Summary of Work 01300 – Administrative Procedures 01310 – Project Management & Coordination 01330 – Submittal Procedures 01400 – Quality Requirements 01420 – References 01500 – Temporary Facilities and Controls 01600 – Product Requirements 01630 – Product Substitution Request 01770 – Closeout Procedures

000172

Koinonia Park Improvements Summary of Work May 23, 2019 Bid Set Section 01110

SECTION 01110 – SUMMARY OF WORK

PART 1 - GENERAL

1.1 TITLE OF PLANS AND SPECIFICATIONS

A. Koinonia Park Improvements.

1.2 LOCATION OF THE PROJECT SITE

A. Refer to the Plan Sheet G0.1 for location map for the project site.

1.3 DESCRIPTION OF THE WORK

A. In general, the work includes: 1. Construction of park improvements including play area equipment and playground surface. Work also includes earthwork, drain lines, concrete paving, planting and irrigation.

1.4 CONTRACT AWARD AND TIME OF COMPLETION

A. Single Contract Award: It is the Owner’s intent to award a single contract for the improvements.

B. Time of Completion: 90 calendar days.

1.5 USE OF SITE BY OWNER

A. Contractor shall ensure that safe access is maintained to adjacent properties including residences to the north and west and the community to the east.

1.6 APPLICABLE STANDARDS

A. Prior to commencing construction, Contractor shall contact all reviewing agencies, utility companies, and governmental agencies having jurisdiction over the Project site, and obtain all standards and requirements for work that will satisfy those requirements, including purchasing necessary construction permits and being placed on any and all 'approved contractors' lists.

1.7 COORDINATION WITH OTHER CONTRACTORS

A. Work indicated 'By Others' or 'By Owner' will be contracted directly with the Owner. You are to coordinate and cooperate with other Contractors to avoid delays or damage to work by others.

SUMMARY OF WORK 01110-1 © Bruce Dees & Associates 2019 000173 Koinonia Park Improvements Summary of Work May 23, 2019 Bid Set Section 01110

1.8 EXISTING SOILS

A. The Contractor shall visit the site prior to bidding to familiarize oneself with the site and soil conditions. Bidders may coordinate with the Owner to excavate their own test holes.

B. It shall be the Contractor’s sole responsibility, prior to bidding, to determine what soil conditions may be encountered. Investigation of the soil condition and associated costs by the Contractor shall be considered incidental to the bid price(s).

1.9 EXISTING CONDITIONS

A. The site will be closed for use during construction. The Contractor shall provide safe access for pedestrians and vehicles within the public R.O.W. at all times.

PART 2 - PRODUCTS

Not used.

PART 3 - EXECUTION

Not used.

END OF SECTION 01110

SUMMARY OF WORK 01110-2 © Bruce Dees & Associates 2019 000174 Koinonia Park Improvements Administrative Procedures May 23, 2019 Bid Set Section 01300

SECTION 01300 – ADMINISTRATIVE PROCEDURES

PART 1 - GENERAL

1.1 CONDITIONS OF CONTRACT

A. Contractor shall familiarize himself thoroughly with all conditions of the specifications, as well as technical sections.

1.2 CONTRACT DOCUMENTS FOR CONSTRUCTION

A. The Owner will provide the Contractor with two (2) sets of project documents (drawings and specifications) for construction. Any additional sets of project documents shall be paid for by the Contractor.

1.3 PERMITS

A. The Owner will obtain and pay for Site Development Permit. The Contractor shall obtain and pay for any other permits required.

B. The Contractor shall notify the Owner and coordinate with the permitting authority for extension of all permits that expire prior to final acceptance. The Owner will be responsible for permit fees and/or related extension costs for the Owner furnished permits only.

C. The Contractor shall comply with the requirements / conditions of the permits.

1.4 PROJECT SIGN

A. Owner provided, Contractor installed: 4' x 8' x ¾" plywood sign mounted on 6" x 6" posts, per CDBG Requirements.

B. Copy: 1. Project Name 2. Owners (side by side) 3. Contractor 4. Landscape Architect 5. Graphic of the project

C. Color: Black letters with white background.

D. Provide shop drawing with copy for approval prior to fabrication.

E. Locate sign where directed.

1.5 OTHER SIGNS

ADMINISTRATIVE PROCEDURES 01300-1 © Bruce Dees & Associates 2019 000175 Koinonia Park Improvements Administrative Procedures May 23, 2019 Bid Set Section 01300

A. No signs of contractor, subcontractor, or advertising of any kind are to be erected.

1.6 PROTECTION OF MATERIALS

A. The Contractor is responsible for protection of materials and completed work from vandalism until the work is accepted. Also see Section 3.18 of the General Terms and Conditions Section 00 07 00.

1.7 DUST CONTROL

A. The Contractor shall be responsible for alleviation or prevention of any dust nuisance arising from the work on this project, by the use of water or dust palliatives as required and as approved by the Owner. Also see Section 3.24 of the General Terms and Conditions Section 00 07 00.

1.8 VANDALISM

A. The Contractor is hereby advised to take all lawful and prudent precautions against vandalism on any work and equipment connected with this project. The Owner will not in any way be held responsible or accountable for vandalism, either financially or be responsible to repair or replace.

1.9 WEATHER

A. Since work may be done during inclement weather, each bidder shall satisfy himself before submitting his bid to the hazards likely to arise from weather conditions. Complete weather records and reports may be obtained from any U.S. Weather Bureau Office. No additional payment will be made for any conditions caused by inclement weather.

1.10 EROSION CONTROL

A. The Contractor shall be responsible at all times for erosion control during construction and for repair of any completed work damaged by erosion - until final acceptance. Also see Section 3.24 of the General Terms and Conditions Section 00 07 00.

1.11 MAINTENANCE OF STREETS, UTILITIES, ETC.

A. The Contractor shall be responsible at all times for the maintenance of streets and other utilities affected by construction operations. Streets and utilities shall be kept in full operation during the entire course of the project. Debris and rubbish shall not be permitted to accumulate, and all premises shall be maintained in a neat and workman-like condition, as determined by the Owner. Also see Section 3.12 of the General Terms and Conditions Section 00 07 00.

B. In the event the Contractor fails to conform to these requirements, the Owner shall have the right to have the work done by others and the cost will be deducted from monies due the Contractor.

ADMINISTRATIVE PROCEDURES 01300-2 © Bruce Dees & Associates 2019 000176 Koinonia Park Improvements Administrative Procedures May 23, 2019 Bid Set Section 01300

1.12 STATE LICENSING LAW

A. The Contractor agrees and covenants to furnish the Owner proper evidence that the Contractor has fully complied with the State Licensing Law as specified in Chapter 77, Laws of the State of Washington, of 1963, as amended; and a Contractor's Certificate of Registration shall be in full force and effect throughout the work project hereinabove enumerated. The Contractor shall include his Contractor's license number on the space provided in the Proposal Form.

1.13 EXISTING SITE TOPOGRAPHY

A. The existing topography is shown as contour lines and spot elevations as indicated in the legend on the grading plans. Notify Owner immediately should actual conditions vary significantly from those shown.

1.14 SURVEY DATA/EXISTING CONDITIONS

A. The Contractor's licensed surveyor shall establish and stake out control points and all coordinate points provided for the various parts of the work for location, lines, and grades from the base line as shown on the plans. An electronic file of the layout and grading drawings will be provided to the surveyor upon request.

1.15 AS-BUILT DRAWINGS AND SPECIFICATIONS

A. The Contractor shall keep one set of drawings and specifications at the site for the purpose of recording all changes made during construction as changes occur. All changes shall be noted on the drawings as changes occur.

B. In addition, the drawings and specifications shall be marked to record all materials used where options or alternates were indicated or specified and dimensional changes made during the course to the work shall be drawn to scale. See Section 00 07 00 General Terms and Conditions Section 00 07 00.

1.16 LIQUIDATED DAMAGES

A. See Section 10.7 of the General Terms and Conditions Section 00 07 00 for requirements pertaining to liquidated damages.

1.17 ARTIFACTS

A. See Section 3.23 of the General Terms and Conditions Section 00 07 00.

1.18 TOBACCO PRODUCTS, DRUGS, AND ALCOHOL

A. Tobacco products, drugs, and alcohol are strictly prohibited on the project site.

PART 2 - PRODUCTS

Not used.

ADMINISTRATIVE PROCEDURES 01300-3 © Bruce Dees & Associates 2019 000177 Koinonia Park Improvements Administrative Procedures May 23, 2019 Bid Set Section 01300

PART 3 - EXECUTION

Not used.

END OF SECTION 01300

ADMINISTRATIVE PROCEDURES 01300-4 © Bruce Dees & Associates 2019 000178 Koinonia Park Improvements Project Management & Coordination May 23, 2019 Bid Set Section 01310

SECTION 01310 - PROJECT MANAGEMENT & COORDINATION

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Coordination with work by the Owner.

B. Coordination.

C. Field engineering.

D. Pre-construction conference.

E. Progress meetings.

F. Pre-installation conferences.

1.2 COORDINATION WITH WORK BY THE OWNER

A. See Section 01110, 1.5 and 1.7.

1.3 COORDINATION

A. Coordinate scheduling, submittals, and Work of the various Sections of Specifications to assure proper, efficient, and orderly sequence of surface preparation and installation of interdependent construction elements, with provisions for accommodating items installed later by Owner.

B. Coordinate completion and clean up of Work of separate sections in preparation for Completion.

C. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities.

1.4 FIELD ENGINEERING

A. Contractor's licensed surveyor shall establish and stake out control points and coordinate points shown for the various parts of the work for location lines and grades from the coordinates shown on the plans.

1.5 PRE-CONSTRUCTION CONFERENCE

A. Owner will schedule a conference after Notice of Award.

B. Attendance Required: Owner, Owner’s Representative, and Contractor.

PROJECT MANAGEMENT & COORDINATION 01310-1 © Bruce Dees & Associates 2019 000179 Koinonia Park Improvements Project Management & Coordination May 23, 2019 Bid Set Section 01310

C. Agenda:

1. Execution of Owner-Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents including permit documents and requirements. 4. Submission of list of Subcontractors, list of Products, schedule of values, and progress schedule. 5. Designation of personnel representing the parties in Contract, and the Owner’s Representative. 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 7. Inspection Procedure and Testing. 8. Scheduling. 9. Coordination with Owner. 10. Notice to Proceed.

1.6 PROGRESS MEETINGS

A. Owner will schedule and administer meetings throughout progress of the work at biweekly (or every two week) intervals.

B. Contractor shall attend meetings.

C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, Owner’s Representative, as appropriate to agenda topics for each meeting.

D. Agenda:

1. Review minutes of previous meetings. 2. Review of submittals and status of submittals. 3. Review of RFI’s (Requests for Information and Status). 4. Review of change orders. 5. Review of schedule and maintenance of schedule. 6. Review plans and specifications related to anticipated work. 7. Review of Work progress. Field observations, problems, and decisions. 8. Review of as-built drawings 9. Other business relating to Work.

1.7 PRE-INSTALLATION CONFERENCES

A. When required in individual specification Section, convene a pre-installation conference at work site prior to commencing work of this Section.

B. Require attendance of parties directly affecting, or affected by, work of the specific section.

C. Notify Owner seven (7) days in advance of meeting date.

D. Prepare agenda, preside at conference.

E. Review conditions of installation, preparation, and installation procedures, and coordination with related work.

PROJECT MANAGEMENT & COORDINATION 01310-2 © Bruce Dees & Associates 2019 000180 Koinonia Park Improvements Project Management & Coordination May 23, 2019 Bid Set Section 01310

PART 2 - PRODUCTS

Not used.

PART 3 - EXECUTION

Not used.

END OF SECTION 01310

PROJECT MANAGEMENT & COORDINATION 01310-3 © Bruce Dees & Associates 2019 000181 Koinonia Park Improvements Submittal Procedures May 23, 2019 Bid Set Section 01330

SECTION 01330 - SUBMITTAL PROCEDURES

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Submittal procedures.

B. Construction progress schedules.

C. Subcontractor’s list.

D. Shop drawings.

E. Product data.

F. Samples.

G. Manufacturer's instructions.

H. Manufacturer's certificates.

1.2 SUBMITTAL PROCEDURES

A. A list of required submittal items will be provided by the Architect following award of the contract. Transmit each submittal item with the Architects assigned item number written on each copy of each submittal and separate transmittal form included in these specifications.

B. Electronically transmit each submittal with a transmittal form.

C. Identify Project, Contractor, Subcontractor, or Supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate.

D. Apply Contractor's stamp, signed or initialed certifying that review, verification of Product required, field dimensions, adjacent construction work, and coordination of information is in accordance with the requirements of the work and Contract Documents. This shall be done prior to submitting to Owner’s Representative.

E. Schedule submittals to expedite the Project, and deliver to Owner’s Representative. Coordinate submission of related items. Note: Allow two (2) weeks for the Owner’s Representative to review the submittals from the date they receive the submittal.

F. Identify the appropriate specification section title and number to which the submittal applies, as well as variations from Contract Documents and Product or system limitation that may be detrimental to successful performance of the completed work.

G. Provide space for Contractor and Owner’s Representative review stamps.

H. Revise and resubmit submittals as required, identifying all changes made since previous submittal.

SUBMITTAL PROCEDURES 01330-1 © Bruce Dees & Associates 2019 000182 Koinonia Park Improvements Submittal Procedures May 23, 2019 Bid Set Section 01330

I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions.

1.3 CONSTRUCTION PROGRESS SCHEDULES

A. Submit initial progress schedule in duplicate (4 copies) within 5 days after date of Owner-Contractor Agreement, for Owner’s Representative information.

B. Revise and resubmit monthly (with each pay request) two (2) copies. Post 1 on site.

C. Submit a time scaled CPM precedence diagram with separate line for each section of Work, identifying first workday of each week.

D. Show complete sequence of construction by activity, identifying Work of separate stages and other logically-grouped activities. Indicate the early and late start, early and late finish, float dates, and duration.

E. Indicate estimated percentage of completion for each item of work at each submission.

F. Indicate submittal dates required for shop drawings, product data, samples, pre-installation meeting and product delivery dates, including those furnished by Owner and under Allowances.

G. If the Contractor submits a schedule which indicates a construction completion date prior to the advertised contract completion date, it is understood that the Owner shall not be obligated for any costs associated with any extensions of the contractor's schedule which is still within the stipulated contract completion period. No contract time extension shall be granted until the contractor demonstrates that the Critical Path is directly impacted, and the construction completion date must be extended past the stipulated contract completion date. Also see Section 4.3 of the General Terms and Conditions 00 07 00.

1.4 SUBCONTRACTOR'S LIST

A. Within 5 days after date of Owner-Contractor Agreement, submit complete list of subcontractors and major material suppliers with addresses and telephone numbers. Use form included in these specifications.

1.5 SHOP DRAWINGS

A. Submit the number of copies that the contractor requires, plus three (3) copies that will be retained by the Owner.

B. After review, reproduce and distribute in accordance with Article on Procedures above and for Record Documents described in Section 01770 – Closeout Procedures.

1.6 PRODUCT DATA

A. Mark each copy to identify applicable specification section title and number, products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project.

SUBMITTAL PROCEDURES 01330-2 © Bruce Dees & Associates 2019 000183 Koinonia Park Improvements Submittal Procedures May 23, 2019 Bid Set Section 01330

B. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01770 – Closeout Procedures.

1.7 SAMPLES

A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work.

B. Submit samples of finishes from the full range of manufacturers' standard colors and custom colors selected, textures, and patterns for Owner’s Representative’s selection.

C. Include identification on each sample, with full Project information.

D. Submit the number or samples specified in individual specification Sections; one of which will be retained by the Owner’s Representative.

E. Reviewed samples which may be used in the work are indicated in individual specification Sections.

1.8 MANUFACTURER'S INSTRUCTIONS

A. When specified in individual specification Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data.

B. Identify conflicts between manufacturer's instructions and Contract Documents.

1.9 MANUFACTURER'S CERTIFICATES

A. When specified in individual specification Sections, submit manufacturer's certificate to Owner’s Representative for review, in quantities specified for Product Data.

B. Indicate material or Product conforms to or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate.

C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Owner’s Representative.

PART 2 - PRODUCTS

Not used.

PART 3 - EXECUTION

Not used.

END OF SECTION 01330

SUBMITTAL PROCEDURES 01330-3 © Bruce Dees & Associates 2019 000184 Koinonia Park Improvements Submittal Procedures May 23, 2019 Bid Set Section 01330

SUBMITTAL TRANSMITTAL

Project: Koinonia Park Improvements Date:

A/E Project Number: 81-08-05

Transmittal To: (Owner Representative) Submittal Number: A Address City, State, Zip

From: (Contractor) By: Resubmission Address City, State, Zip

Spec. Section Title and Paragraph / Qty. Item No. Description Drawing Detail Reference

Submitted for review and approval Substitution involved – Substitution request attached with point-by-point comparative data or preliminary details. Resubmitted for review and approval Complies with contract requirements Will be available to meet construction schedule One copy retained by sender Other remarks on above submission:

Transmittal To: (Contractor) Attn: Date Received by A/E: B From: Bruce Dees & Associates By: Date Transmitted by A/E:

Approved Approved as noted / Resubmit

Approved as noted Rejected / Resubmit

Not subject to review Revise / Resubmit

No action required Submission Incomplete / Resubmit

Other remarks on above submission:

Copies: Owner Consultants One copy retained by sender

SUBMITTAL PROCEDURES 01330-4 © Bruce Dees & Associates 2019 000185 Koinonia Park Improvements Submittal Procedures May 23, 2019 Bid Set Section 01330

SUBCONTRACTORS AND MAJOR MATERIALS SUPPLIERS LIST

Project: KOINONIA PARK IMPROVEMENTS From (Contractor):

To: Date:

A/E Project Number: 81-08-05

Contract For:

List Subcontractors and Major Material Suppliers proposed for use on this Project as required by the Construction Documents. Attach supplemental sheets if necessary.

Section Section Phone Number Title Firm Address Number Contact E-Mail Address

Attachments

Signed by: Date:

Copies: Owner Consultants File

SUBMITTAL PROCEDURES 01330-5 © Bruce Dees & Associates 2019 000186 Koinonia Park Improvements Quality Requirements May 23, 2019 Bid Set Section 01400

SECTION 01400 – QUALITY REQUIREMENTS

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Quality Assurance/Control of Installation.

B. References.

C. Inspection and Testing Laboratory Services.

1.2 QUALITY ASSURANCE/CONTROL OF INSTALLATION

A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality.

B. Comply fully with manufacturer's instructions, including each step in sequence.

C. Should manufacturer's instructions conflict with Contract Documents, request clarification from Owner’s Representative before proceeding.

D. Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.

E. Perform work by persons qualified to produce workmanship of specified quality.

F. Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, or disfigurement.

1.3 REFERENCES

A. Conform to reference standard by date of issue current on date for receiving bids.

B. Should specified reference standards conflict with Contract Documents, request clarification from Owner’s Representative before proceeding.

C. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document.

1.4 INSPECTION AND TESTING LABORATORY SERVICES

A. Contractor will appoint, employ, and pay for services of an independent firm to perform inspection and testing of subgrade and crushed rock, concrete, and asphalt, and other work requested by the owner.

B. That independent firm will perform inspections, tests, and other services except those specifically required of the Contractor in individual specification Sections.

QUALITY REQUIREMENTS 01400-1 © Bruce Dees & Associates 2019 000187 Koinonia Park Improvements Quality Requirements May 23, 2019 Bid Set Section 01400

C. Reports will be submitted by the independent firm to the Owner’s Representative and Owner indicating observations and results of tests and indicating compliance or noncompliance with Contract Documents.

D. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage, and assistance as requested.

1. Notify Owner’s Representative and independent firm 24 hours prior to expected time for operations requiring service. 2. Make arrangements with independent firm and pay for additional samples and tests beyond the Owner’s use required for Contractor's use.

E. Re-testing and site visits required because of nonconformance to specified requirements and scheduling shall be performed by the same independent firm on instructions by the Owner’s Representative. Payment for redesign and site visits will be charged by the Owner to the Contractor by deducting inspection or testing charges from the Contract Sum/Price. Also see Section 4.6 of the General Terms and Conditions 00 07 00.

PART 2 - PRODUCTS

Not used.

PART 3 - EXECUTION

Not used.

END OF SECTION 01400

QUALITY REQUIREMENTS 01400-2 © Bruce Dees & Associates 2019 000188 Koinonia Park Improvements References May 23, 2019 Bid Set Section 01420

SECTION 01420 – REFERENCES

PART 1 - GENERAL

1.1 NUMBER OF SPECIFIED ITEMS REQUIRED

A. Wherever these specifications, an article, device, or piece of equipment is referred to in the singular number, such reference applies to all and as many such articles as are shown on the drawings, or required to complete the installation.

1.2 DEFINITIONS

A. Owner: City of Snoqualmie or their representative.

B. Owner’s Representative (Architect, Engineer, Landscape Architect): an employee of or consultant to the City of Snoqualmie.

C. Provide:' furnish and install' or "furnish labor and materials required for installation, ready for use, and under the terms of the contract drawings'.

D. 'As shown', 'as indicated', 'as detailed', 'as noted', or words of similar meaning refer to contract drawings.

E. The work: The work to be accomplished under this contract.

F. Approved: Approved by the owner or designated authority.

G. For approval: For owner approval, or designated authority.

H. Where the words 'or equal' are used, the Owner is the sole judge of the quality and suitability of the proposed substitution.

I. Products: New material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying, and erection of the Work. Products may also include existing materials or components required for reuse.

1.3 ABBREVIATIONS

A. See Legends on the drawings.

1.4 ORGANIZATION OF SPECIFICATIONS

A. Divisions and sections of these specifications conform generally to customary trade practice. They are intended for convenience only. The Owner and Owner’s Representative are not bound to define the limits of any subcontract.

REFERENCES 01420-1 © Bruce Dees & Associates 2019 000189 Koinonia Park Improvements References May 23, 2019 Bid Set Section 01420

1.5 DIMENSIONS AND MEASUREMENTS

A. Dimensions govern. Do not scale drawings, unless so indicated on the plans. Check all dimensions in the field and verify them with respect to the adjacent or incorporated work.

PART 2 - PRODUCTS

Not used.

PART 3 - EXECUTION

Not used.

END OF SECTION 01420

REFERENCES 01420-2 © Bruce Dees & Associates 2019 000190 Koinonia Park Improvements Temporary Facilities and Controls May 23, 2019 Bid Set Section 01500

SECTION 01500 – TEMPORARY FACILITIES AND CONTROLS

PART 1 - GENERAL

1.1 CONTRACTOR'S WORK

A. All work specified under this Section shall be provided by the Contractor.

1.2 TEMPORARY POWER

A. Not used.

1.3 TEMPORARY TELEPHONE SERVICE

A. Not used.

1.4 TEMPORARY DRINKING WATER

A. Make necessary arrangements and provide drinking water from a proven safe source required during entire construction period. Comply with state and local health requirements. Serve in single service containers or sanitary drinking fountain.

1.5 WATER FOR CONSTRUCTION

A. Contractor to provide water and make it available to all those connected with the work. Obtain a temporary hydrant permit if required--if any hydrants are used. Water used to construct the site shall be metered and paid by the contractor.

1.6 TEMPORARY SANITARY FACILITIES

A. Provide adequate toilet facilities for all those connected with work. Locate inside the construction area and keep in sanitary condition. Remove when directed by Owner and disinfect premises.

1.7 TEMPORARY SHEDS

A. Construct and maintain such temporary sheds as may be required for the use of workmen, for tool cribs, and for the storage of materials, project plans and documents.

B. Provide temporary light in all areas of the sheds. All sheds shall be maintained at all times in good repair and in a clean and sanitary condition. Upon completion of the work, all sheds shall be removed and the premises cleaned.

TEMPORARY FACILITIES AND CONTROLS 01500-1 © Bruce Dees & Associates 2019 000191 Koinonia Park Improvements Temporary Facilities and Controls May 23, 2019 Bid Set Section 01500

1.8 STAGING AREA

A. The Contractor staging area to be agreed upon by the Contractor and the Owner. Submit a proposed location to the Owner for approval. All disturbed areas shall be cleaned up, fine graded, seeded, and otherwise restored to its original condition as determined by the Owner.

1.9 FIELD OFFICE

A. The construction meetings will be held at the community center adjacent to the project site.

1.10 DAILY CLEAN UP

A. See General Terms and Conditions 00 07 00.

PART 2 - PRODUCTS

Not used.

PART 3 - EXECUTION

Not used.

END OF SECTION 01500

TEMPORARY FACILITIES AND CONTROLS 01500-2 © Bruce Dees & Associates 2019 000192 Koinonia Park Improvements Product Requirements May 23, 2019 Bid Set Section 01600

SECTION 01600 – PRODUCT REQUIREMENTS

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. Products.

B. Transportation and handling.

C. Storage and protection.

D. Product options.

E. Substitutions.

1.2 RELATED SECTIONS

A. Section 01400 - Quality Requirements.

1.3 PRODUCTS

A. Products: Means new material, machinery, components, equipment, fixtures, and systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying, and erection of the Work. Products may also include existing materials or components required for reuse.

B. Provide interchangeable components of the same manufacturer, for similar components.

1.4 TRANSPORTATION AND HANDLING

A. Transport and handle Products in accordance with manufacturer's instructions.

B. Promptly inspect shipments to assure that Products comply with requirements, quantities are correct, and Products are undamaged.

C. Provide equipment and personnel to handle Products by methods to prevent soiling, disfigurements, or damage.

1.5 STORAGE AND PROTECTION

A. Store and protect Products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive Products in weather-tight, climate-controlled enclosures.

B. For exterior storage of fabricated products, place on sloped supports, above ground.

C. Provide off-site storage and protection when site does not permit on-site storage or protection.

PRODUCT REQUIREMENTS 01600-1 © Bruce Dees & Associates 2019 000193 Koinonia Park Improvements Product Requirements May 23, 2019 Bid Set Section 01600

D. Cover Products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation.

E. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing with foreign matter.

F. Provide equipment and personnel to store Products by methods to prevent soiling, disfigurement, or damage.

G. Arrange storage of Products to permit access for inspection. Periodically inspect to assure Products are undamaged and are maintained under specified conditions.

1.6 PRODUCT OPTIONS

A. Products Specified by Reference Standards or by Description Only: Any Product meeting those standards or descriptions.

B. Products Specified by naming one or more manufacturers with or without a Provision for Substitutions: Submit a request for substitution for any manufacturer not named.

1.7 SUBSTITUTIONS

A. The Owner’s representative will consider requests for Substitutions up to 10 days prior to bid opening date. Approved Substitutions will be listed on Addenda.

B. Substitutions may be considered after bid opening only when a Product becomes unavailable through no fault of the Contractor.

C. Document each request with complete data substantiating compliance of proposed Substitution with Contract Documents.

D. A request constitutes a representation that the Bidder/Contractor:

1. Has investigated proposed substitution Product and determined that it meets or exceeds the quality level of the specified Product. 2. Will provide the same warranty for the substitution as for the specified Product. 3. Will coordinate installation and make changes to other work that may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension that may subsequently become apparent. 5. Will reimburse Owner for review or redesign services associated with re-approval by authorities.

E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals.

F. Substitution Submittal Procedure:

1. All substitution requests shall be accompanied with the Substitution Request Form, completely filled out. Substitution Request Forms are found in the Specifications in Section 01630.

PRODUCT REQUIREMENTS 01600-2 © Bruce Dees & Associates 2019 000194 Koinonia Park Improvements Product Requirements May 23, 2019 Bid Set Section 01600

PART 2 - PRODUCTS

Not used.

PART 3 - EXECUTION

Not used.

END OF SECTION 01600

PRODUCT REQUIREMENTS 01600-3 © Bruce Dees & Associates 2019 000195 Koinonia Park Improvements Product Substitution Request May 23, 2019 Bid Set Section 01630

SECTION 01630 – PRODUCT SUBSTITUTION REQUEST

TO: CITY OF SNOQUALMIE 38624 SE River St Snoqualmie, WA 98065

PROJECT NAME: KOINONIA PARK IMPROVEMENTS

CONTRACTOR:

We hereby submit for consideration the following product instead of specified item for above project:

Section Paragraph Specified Item

______

Proposed Substitution: ______

Attach complete dimensional information and technical data, including laboratory tests, if applicable.

Include complete information on changes to Drawings and/or Specifications, which proposed substitution will require for its proper installation.

Submit with request all necessary samples and substantiating data to prove equal quality, performance, and appearance to that which is specified. Clearly mark manufacturer's literature to indicate equality performance. Differences in quality of materials and construction shall be indicated.

Fill in blanks below:

A. Reason for substitution request:

B. Does the substitution affect dimensions shown on Drawings: Yes_____ No _____ If yes, clearly indicate changes. ______

C. Will the undersigned pay for changes to the design, including engineering and detailing costs caused by the request substitution:

Yes _____ No _____Comment: ______

PRODUCT SUBSTITUTION REQUEST 01630-1 © Bruce Dees & Associates 2019 000196 Koinonia Park Improvements Product Substitution Request May 23, 2019 Bid Set Section 01630

D. What effect does this substitution have on other trades, other Contracts, and Contract completion date: ______

E. What effect does this substitution have on applicable code requirements: ______

F. Differences between proposed substitution and specified item:

G. Manufacturer's guarantee of the proposed and specified items are: Same _____ Different ______(explain): ______

H. List of names and addresses of three similar projects on which product was used, date of installation, and Architect's name and address: ______

I. Cost and supplier of specified product:

J. Cost and supplier of proposed substitution product:

The undersigned attests function and quality equivalent or superior to specified items.

CERTIFICATION OF EQUAL PERFORMANCE FOR USE BY OWNER’S REPRESENTATIVE: AND ASSUMPTION OF LIABILITY FOR Accepted: EQUAL PERFORMANCE. Accepted as Noted: Not Accepted: Submitted By: Received Too Late: ______By: ______Signature Title Date: ______Remarks: ______Firm ______Address ______Telephone ______Date

Signature must be by person having authority to legally bind his firm to the above term.

Concurrence by Owner’s Representative: ______

END OF SECTION 01630

PRODUCT SUBSTITUTION REQUEST 01630-2 © Bruce Dees & Associates 2019 000197 Koinonia Park Improvements Project Closeout Procedures May 23, 2019 Bid Set Section 01770

SECTION 01770 – PROJECT CLOSEOUT PROCEDURES

PART 1 - GENERAL

1.1 REQUIREMENTS INCLUDED

A. Related Requirements.

B. Closeout Procedures.

C. Certification that Work is Complete.

D. Final Statement of Acceptance.

E. Maintenance Materials.

F. Certification of Required Training.

G. Project Record Documents.

H. Maintenance Data Binder.

I. Warranties and Bonds.

J. Final Cleaning.

1.2 RELATED REQUIREMENTS

A. General Conditions: Fiscal provisions, legal submittals, and other administrative requirements.

B. Section 01500 – Temporary Facilities and Controls: Cleaning during construction.

1.3 CLOSEOUT PROCEDURES

A. Closeout Steps:

Step 1: Contractor: • Certifies that work is complete (1.4 of this section)

Step 2: Owner Representative: • Conducts punch list.

Step 3: Contractor: • Make punch list corrections.

Step 4: Owner Representative: • Punch list back check. • Issues Certificate of Substantial Completion. PROJECT CLOSEOUT PROCEDURES 01770-1 © Bruce Dees & Associates 2019 000198 Koinonia Park Improvements Project Closeout Procedures May 23, 2019 Bid Set Section 01770

Step 5: Contractor: • Make punch list corrections (if any). • Final statement of accounting (1.5) • Provide maintenance materials (1.6) • Certifies required training (1.7) • Provide record documents (1.8) • Provide maintenance data binder (1.9) • Provide warranties and bonds (1.10) • Provide final cleaning (1.11) • Provide signed off copies of all permits.

Step 6: Owner Representative: • Final statement of acceptance, recommended date of acceptance, and beginning of warrantee period.

B. Comply with procedures stated in General Requirements (General Provisions – Construction) of the Contract for issuance of Certificate of Substantial Completion. Upon issuance of Certificate of Substantial Completion, the Contractor shall complete all punchlists within thirty (30) consecutive days from date of Substantial Completion.

C. Owner will occupy designated portion of Project for the purpose of conduct of business, under provision stated in Certificate of Substantial Completion.

1.4 CERTIFICATION THAT WORK IS COMPLETE

A. When Contractor considers Work has reached final completion, submit written certification that Contract Documents have been reviewed, Work has been inspected, and that Work is complete in accordance with Contract Documents and ready for Owner's Representative's inspection.

1.5 FINAL STATEMENT OF ACCEPTANCE

A. In addition to submittals required by the conditions of the Contract, provide submittals required by governing authorities, and submit a final statement of accounting giving total adjusted Contract Sum, previous payments, and sum remaining due.

B. Owner will issue a final Change Order reflecting approved adjustments to Contract Sum not previously made by Change Order.

1.6 MAINTENANCE MATERIALS

A. Provide products, spare parts, and maintenance materials in quantities specified in each Section, in addition to that used for construction of Work. Coordinate with Owner, deliver to Project site and obtain receipt prior to final payment.

1.7 CERTIFICATION OF REQUIRED TRAINING

A. Certification that all required training of Owner's maintenance and operating personnel has been completed.

PROJECT CLOSEOUT PROCEDURES 01770-2 © Bruce Dees & Associates 2019 000199 Koinonia Park Improvements Project Closeout Procedures May 23, 2019 Bid Set Section 01770

1.8 PROJECT RECORD DOCUMENTS

A. General:

1. Store project Record Documents separate from those used for construction. 2. Keep documents current; Record information concurrently with construction progress, do not conceal any work until required information is recorded. 3. Record final information by transferring information onto one (1) clean set of construction drawings and in a copy of a Project Manual provided by the Owner. 4. Provide felt tip marking pens, maintaining separate colors for each major system, for recording information on copies of construction drawings used during the course of construction. 5. Record information concurrently with construction progress. Do not conceal any work until required information is recorded. 6. Review the as-built drawings with the Owner's Representative to review accuracy and completeness. Make revisions as required.

B. Submit Record Contract Drawings and Shop Drawings: Legibly mark each item to record actual construction, including:

1. Measured depths of elements. 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed on construction, referenced to visible and accessible features of construction. 4. Field changes of dimension and detail. 5. Changes made by Modifications. 6. Details not on original Contract Drawings.

C. Submit Record Specifications: Legibly mark each item to record actual construction, including:

1. Manufacturer, trade name, and catalog number of each Substitute item. 2. Changes made by Addenda and Modifications.

D. Storm Drainage: See Section 01300, 1.13 for Requirements. See also Section 3.9 of the General Terms and Conditions 00 07 00.

1.9 MAINTENANCE DATA BINDER

A. Submit two (2) sets prior to final inspection, bound in 8-1/2 x 11 inch (216 x 279 mm) three-ring hard cover side binders with clear view, and durable plastic covers with title inserts.

1. Part 1: Directory, listing names, addresses, and telephone numbers of: a. Owner, Architect, and Contractor. b. Subcontractors and Suppliers.

2. Part 2: Tab each specification section/product as specified in the technical sections: a. Name, address, phone number of contractor/supplier. b. Written warranties (see 1.10). c. Maintenance instructions. d. Parts lists.

PROJECT CLOSEOUT PROCEDURES 01770-3 © Bruce Dees & Associates 2019 000200 Koinonia Park Improvements Project Closeout Procedures May 23, 2019 Bid Set Section 01770

e. Instructions and operation manuals.

B. Submit material prior to final application for payment. For equipment put into use with Owner's permission during construction, submit within ten (10) days after first operation. For items of Work delayed materially beyond Date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of Warranty period.

1.10 WARRANTIES AND BONDS

A. Manufacturer, Supplier, Subcontractor Warranties & Bonds

1. Provide duplicate, notarized copies executed by subcontractors, suppliers, and manufacturers.

2. Warranty to include the periods of time specified, beginning from date of substantial completion. Warranty letter to be substantially as follows:

(Owner) (Address) RE: (Project)

Gentlemen:

We as Subcontractor and Contractor, do hereby warrant for a period of ( ) year(s) from the date of substantial completion that portion of the work incorporated in the project by (subcontractor) as described below:

( ) We will remedy at our expense any defects appearing during that period due to poor or defective materials and/or workmanship and will pay for any damage resulting from occurrence of said defects of the correction of same.

This warranty shall not be interpreted as holding the Contractor responsible for normal wear or any deterioration of work due to abuse of the work by the Owner.

Sincerely, ______Subcontractor ______Contractor

1.11 FINAL CLEANING

A. Execute prior to final inspection by Owner.

B. Clean interior and exterior surfaces exposed to view; remove temporary labels, stains, and foreign substances, polish transparent and glossy surfaces. Clean equipment and fixtures to a sanitary condition, clean or replace filters of mechanical equipment. Clean drainage systems and structures.

C. Clean site; sweep paved areas, rake clean other surfaces.

D. Legally dispose of all debris and construction materials not retained by Owner, off site.

PROJECT CLOSEOUT PROCEDURES 01770-4 © Bruce Dees & Associates 2019 000201 Koinonia Park Improvements Project Closeout Procedures May 23, 2019 Bid Set Section 01770

E. Owner shall review final cleaning for approval.

1.12 FINAL INSPECTION

A. After final cleaning the contractor shall call for final inspection.

B. The Owner's Representative will provide a punch list of incomplete or unacceptable items.

C. Once the contractor has completed the punch list corrections the contractor shall request a follow up inspection. Any items still found incomplete or unacceptable will be corrected within 7 calendar days.

D. The punch list correction must be completed within the contract time of completion.

E. See Section 00 07 00 General Terms and Conditions.

PART 2 - PRODUCTS

Not used.

PART 3 - EXECUTION

Not used.

END OF SECTION 01770

PROJECT CLOSEOUT PROCEDURES 01770-5 © Bruce Dees & Associates 2019 000202

000203

Koinonia Park Improvements Temporary Dust Control May 23, 2019 Bid Set Section 02050

SECTION 02050 – TEMPORARY DUST CONTROL

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00, including Supplemental Conditions 00 07 10 and Division 1 Specification Sections, apply to this section.

1.2 DESCRIPTION

A. Work in this section includes dust control, including maintenance until dust control measures are removed.

1.3 JOB CONDITIONS

A. Construct temporary erosion control measures as necessary to prevent wind erosion on the site.

1.4 QUALITY ASSURANCE

A. Erosion Control Plan: A dust erosion control plan shall be prepared. The plan shall identify erosion control measures to be used by the contractor for each phase of the construction. The dust control plan shall employ best management policies. The site is highly susceptible to wind erosion and dust generation. Provisions for dust control shall be in place prior to beginning any work.

PART 2 - PRODUCTS

2.1 MATERIALS: EROSION CONTROL MEASURES

A. Materials: As needed for each selected temporary erosion control measure.

PART 3 - EXECUTION

3.1 SEQUENCE

A. All dust erosion control measures shall be installed prior to beginning work on the site.

3.2 CLEAN UP

A. Remove all erosion control measures upon successful establishment of permanent stabilization.

END OF SECTION 02050 TEMPORARY DUST CONTROL 02050-1 © Bruce Dees & Associates 2019 000204 Koinonia Park Improvements Demolition May 23, 2019 Bid Set Section 02060

SECTION 02060 – DEMOLITION

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00 of the Contract, including Supplemental Conditions 00 07 10 and Division 1 Specifications, apply to this Section.

1.2 SUMMARY

A. This section includes demolition and removal of the following: 1. Concrete or asphalt paving as indicated. 2. Miscellaneous structures as required for new construction. 3. Existing trees. 4. Existing irrigation system as required.

B. Materials to be salvaged and/or reused: 1. Landscape boulder.

C. Related work in other sections include, but is not limited to: 1. Section 02100 – Temporary Erosion Control 2. Section 02230 – Site Clearing 3. Section 02300 – Earthwork

1.3 DEFINITIONS

A. Remove: Detach items from existing construction and legally dispose of them off-site unless indicated to be removed and salvaged or recycled.

B. Remove and Salvage: Detach items from existing construction and deliver them to Owner’s Representative, or relocate on site as specified.

C. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or recycled.

1.4 SUBMITTALS

A. Qualification data for the following: 1. Environmental protection.

B. Schedule of Demolition Activities: Indicate detailed sequence of demolition and removal work, with starting and ending dates for each activity, and locations of temporary protection and means of egress.

DEMOLITION 02060-1 © Bruce Dees & Associates 2019 000205 Koinonia Park Improvements Demolition May 23, 2019 Bid Set Section 02060

1.5 PROJECT CONDITIONS

A. Owner assumes no responsibility for structures to be demolished. 1. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical, except for removal of salvaged items by salvage contractor.

PART 2 - PRODUCTS

Not used.

PART 3 - EXECUTION

3.1 EXAMINATION

A. When unanticipated mechanical, electrical, or structural elements are encountered, investigate and measure the nature and extent of the element. Promptly submit a written report to the Owner’s Representative.

3.2 PREPARATION

A. Existing Utilities: Locate, identify, disconnect, and seal or cap off utilities serving structures to be demolished. 1. Arrange to shut off indicated utilities with utility companies. 2. If utility services are required to be removed, relocated, or abandoned, before proceeding with demolition provide temporary utilities that bypass structures to be demolished and that maintain continuity of service to other structures. 3. Cut off pipe or conduit a minimum of 2' below grade. Cap, valve, or plug and seal remaining portion of pipe or conduit after bypassing.

B. Existing Utilities: Do not begin demolition work until utility disconnecting and sealing has been completed and verified in writing. 1. Temporary Shoring: Provide and maintain interior and exterior shoring, bracing, or structural support to preserve stability and prevent unexpected movement or collapse of construction being demolished.

3.3 PROTECTION

A. Existing Items to Remain: 1. Protect trees indicated to remain on the drawings against damage during demolition. 2. Protect elements shown on the drawings.

3.4 DEMOLITION, GENERAL

A. General: Demolish indicated existing structures and site improvements completely. Use methods required to complete the work within limitations of governing regulations and as follows: 1. Do not use cutting torches until work area is cleared of flammable materials. Maintain portable fire-suppression devices during flame-cutting operations. DEMOLITION 02060-2 © Bruce Dees & Associates 2019 000206 Koinonia Park Improvements Demolition May 23, 2019 Bid Set Section 02060

2. Maintain adequate ventilation when using cutting torches. 3. Locate demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing.

B. Site Access and Temporary Controls: Conduct demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. 1. Do not close or obstruct streets, walks, walkways, or other adjacent occupied or used facilities without written permission from Owner and authorities having jurisdiction, except as shown on the drawings. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. 2. Use water mist and other suitable methods to limit spread of dust and dirt. Comply with governing environmental-protection regulations. Do not use water when it may damage adjacent construction or create hazardous or objectionable conditions, such as ice, flooding, and pollution.

3.5 MECHANICAL DEMOLITION

A. Equipment: Disconnect equipment at nearest fitting connection to services, complete with service valves. Remove as whole units, complete with controls.

B. Existing Utilities: Protect existing utilities and below grade utility structures that are within area for new construction including sitework. 1. Fill abandoned utility structures with satisfactory soil materials according to backfill requirements in Section 02300 - Earthwork. 2. Existing Storm Line running through the site, assumed to be at 10' below grade.

3.6 EXPLOSIVE DEMOLITION

A. Explosives: Use of explosives is not permitted.

3.7 SITE RESTORATION

A. Below-Grade Areas: Rough grade below-grade areas ready for further excavation or new construction.

3.8 REPAIRS

A. General: Promptly repair damage to adjacent construction cased by demolition operations.

3.9 RECYCLING DEMOLISHED MATERIALS

A. General: Separate recyclable demolished materials from other demolished materials to the maximum extent possible. Separate recyclable materials by type. 1. Provide containers or other storage method approved by Owner’s Representative for controlling recyclable materials until they are removed from Project site. 2. Stockpile processed materials on-site without intermixing with other materials. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. 3. Stockpile materials away from demolition area. Do not store within drip line of remaining trees. 4. Store components off the ground and protect from the weather. DEMOLITION 02060-3 © Bruce Dees & Associates 2019 000207 Koinonia Park Improvements Demolition May 23, 2019 Bid Set Section 02060

5. Transport recyclable materials off Owner’s property and legally dispose of them.

B. Recycling Incentives: Revenues, savings, rebates, tax credits, and other incentives received from recycling building demolition materials shall accrue to Contractor.

3.10 DISPOSAL OF DEMOLISHED MATERIALS

A. General: Except for items or materials indicated to be recycled, salvaged, or otherwise indicated to remain Owner’s property, remove demolished materials from Project site and legally dispose of them in an EPA-approved landfill. 1. Do not allow demolished materials to accumulate on-site. 2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.

B. Burning: Do not burn demolished materials.

3.11 REUSED MATERIALS

A. Existing landscape boulder on site to be relocated and cleaned as indicated on the drawings.

B. Contractor shall coordinate with the Landscape Architect on the final placement and orientation of the boulder.

3.12 CLEANING

A. Clean adjacent structures and improvements of dust, dirt, and debris caused by building demolition operations. Return adjacent areas to condition existing before demolition operations began.

END OF SECTION 02060

DEMOLITION 02060-4 © Bruce Dees & Associates 2019 000208 Koinonia Park Improvements Temporary Erosion Control May 23, 2019 Bid Set Section 02100

SECTION 02100 – TEMPORARY EROSION CONTROL

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00 of the Contract, including Supplemental Conditions 00 07 10 and Division 1 Specification Sections, apply to this section.

B. Washington Department of Ecology Construction Stormwater General Permit.

1.2 DESCRIPTION

A. Work in this section includes, but is not limited to the following: 1. Temporary erosion control structures including erecting and maintaining in good condition all catch basin fabric covers, silt fences, temporary vegetation, and other erosion control measures described in the Drawings or as required by Local, State, and Federal jurisdictional agencies.. 2. Monitor stormwater and inspect best management practices (BMP's). 3. Record and report results of stormwater monitoring. 4. Maintenance of all erosion control measures throughout the construction period, including monthly mowing of temporary vegetation. 5. Remove erosion control measures when directed by Owner. 6. Terminate the Construction Stormwater General Permit and submit written verification.

1.3 JOB CONDITIONS

A. Construct silt fence, stabilized construction entrance, catch basin fabric covers, and other temporary erosion control measures as necessary to prevent erosion or siltation of the storm sewer or adjacent areas.

1.4 SUBMITTALS

A. Erosion Control Plan: An erosion control plan meeting City of Snoqualmie Standards and the WSDOE construction Stormwater General Permit shall be submitted.

B. The plan shall identify erosion control measures to be used by the contractor for each phase of the construction. The erosion control plan shall employ best management policies.

C. Drawings show the minimal erosion control measures to be implemented at the commencement of construction. Provide additional measures as required by City of Snoqualmie and the Washington Department of Ecology at Contractor's expense.

PART 2 - PRODUCTS TEMPORARY EROSION CONTROL 02100-1 © Bruce Dees & Associates 2019 000209 Koinonia Park Improvements Temporary Erosion Control May 23, 2019 Bid Set Section 02100

2.1 MATERIALS: EROSION CONTROL MEASURES

A. Materials: As needed for each selected temporary erosion control measure.

PART 3 - EXECUTION

3.1 SEQUENCE

A. All erosion control measures shall be installed prior to clearing or grading the site.

3.2 CATCH BASINS

A. Insert filter fabric covers between the frames and grates to minimize siltation of the storm sewer system.

3.3 STRAW WATTLES

A. Construct as detailed.

3.4 CONSTRUCTION ENTRANCE

A. Not required.

3.5 CLEAN UP

A. Remove all erosion control measures upon successful establishment of permanent stabilization.

END OF SECTION 02100

TEMPORARY EROSION CONTROL 02100-2 © Bruce Dees & Associates 2019 000210 Koinonia Park Improvements Site Clearing May 23, 2019 Bid Set Section 02230

SECTION 02230 - SITE CLEARING

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00 of the Contract, including Supplemental Conditions 00 07 10 and Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes the following: 1. Protecting existing trees and vegetation to remain. 2. Removing trees and other vegetation. 3. Clearing and grubbing.

1.3 MATERIALS OWNERSHIP

A. Except for materials indicated to be stockpiled or to remain Owner's property, cleared materials shall become Contractor's property and shall be removed from the site.

1.4 SUBMITTALS

A. Photographs or videotape, sufficiently detailed, of existing conditions of trees and plantings, adjoining construction, and site improvements that might be misconstrued as damage caused by site clearing.

B. Record drawings according to Division 1, Section 01770 "Closeout Procedures." 1. Identify and accurately locate capped utilities and other subsurface structural, electrical, and mechanical conditions.

1.5 QUALITY ASSURANCE

A. Pre-installation Conference: Conduct conference at Project site to comply with requirements in Division 1, Section 01310 "Project Management & Coordination."

1.6 PROJECT CONDITIONS

A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations. 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. 2. Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction.

B. Conduct a private utility locator service for the entire area before site clearing.

SITE CLEARING 02230-1 © Bruce Dees & Associates 2019 000211 Koinonia Park Improvements Site Clearing May 23, 2019 Bid Set Section 02230

PART 2 - PRODUCTS

NOT USED

PART 3 - EXECUTION

3.1 PREPARATION

A. Protect and maintain benchmarks and survey control points from disturbance during construction.

B. Provide erosion-control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways.

C. Locate and clearly flag trees and vegetation to remain or to be relocated.

D. Protect existing site improvements to remain from damage during construction. 1. Restore damaged improvements to their original condition, as acceptable to Owner.

3.2 UTILITIES

A. Existing Utilities: Do provide temporary utility services according to requirements indicated: 1. Notify Owner's Representative not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Owner's written permission.

B. Excavate for and remove underground utilities indicated to be removed.

3.3 CLEARING AND GRUBBING

A. Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new construction. Removal includes digging out stumps and obstructions and grubbing roots. 1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated. 2. Cut minor roots and branches of trees indicated to remain in a clean and careful manner where such roots and branches obstruct installation of new construction. 3. Completely remove stumps, roots, obstructions, and debris extending to a depth of 18 inches below exposed sub grade. 4. Use only hand methods for grubbing within drip line of remaining trees.

B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding 8-inch loose depth, and compact each layer to a density equal to adjacent original ground.

3.4 SITE IMPROVEMENTS

A. Remove existing above- and below-grade improvements as indicated and as necessary to facilitate new construction.

B. Remove slabs, paving and aggregate base as indicated. SITE CLEARING 02230-2 © Bruce Dees & Associates 2019 000212 Koinonia Park Improvements Site Clearing May 23, 2019 Bid Set Section 02230

1. Unless existing full-depth joints coincide with line of demolition, neatly saw-cut length of existing pavement to remain before removing existing pavement. Saw-cut faces vertically.

3.5 DISPOSAL

A. Disposal: Unless otherwise noted, remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste materials, including trash and debris, and legally dispose of them off Owner's property.

END OF SECTION 02230

SITE CLEARING 02230-3 © Bruce Dees & Associates 2019 000213 Koinonia Park Improvements Earthwork May 23, 2019 Bid Set Section 02300

SECTION 02300 – EARTHWORK

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00 of the Contract, including Supplemental Conditions 00 07 10 and Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes the following: 1. Grading to finish sub grade and preparing sub grades for walks, play area, pavements, lawns, and plantings.

1.3 DEFINITIONS

A. Backfill: Soil materials used to fill an excavation.

B. Borrow: Satisfactory soil imported from off-site for use as fill or backfill.

C. Excavation: Removal of material encountered above sub grade elevations. 1. Additional Excavation: Excavation below sub grade elevations as directed by Owner’s Representative. Additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. 2. Unauthorized Excavation: Excavation below sub grade elevations or beyond indicated dimensions without direction by Owner’s Representative. Unauthorized excavation, as well as remedial work directed by Owner’s Representative, shall be without additional compensation.

D. Fill: Soil materials used to raise existing grades.

E. Structures: Footings, foundations, retaining walls, slabs, curbs or other man-made stationary features constructed above or below the ground surface.

F. Sub grade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below sub base, drainage fill, or topsoil materials.

G. Utilities include on-site underground pipes, conduits, ducts, and cables, as well as underground services within buildings.

1.4 SUBMITTALS

A. Samples: For the following: 1. ½ cubic foot samples, sealed in airtight containers, of each proposed soil material from borrow sources, if required. 2. Borrow, if required.

EARTHWORK 02300-1 © Bruce Dees & Associates 2019 000214 Koinonia Park Improvements Earthwork May 23, 2019 Bid Set Section 02300

B. Material Test Reports: From a qualified testing agency indicating and interpreting test results for compliance of the following with requirements indicated: 1. Sieve analysis by a certified testing laboratory of each material specified, showing the percent passing for each sieve size specified.

1.5 QUALITY ASSURANCE

A. Pre-excavation Conference: Conduct conference at Project site to comply with requirements in Division 1, Section 01310 "Project Management & Coordination."

1.6 PROJECT CONDITIONS

A. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by Owner and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify Owner not less than two days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without Owner’s written permission. 3. Contact utility-locator service for area where Project is located before excavating.

PART 2 - PRODUCTS

2.1 SOIL MATERIALS

A. Satisfactory Soils: On-site soil free of rock or gravel larger than 3 inches in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter.

B. Unsatisfactory Soils: All other soils including: 1. Satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction.

C. Borrow (WSDOT 9-03.14): Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. Aggregate for gravel borrow shall consist of granular material, either naturally occurring or processed, and shall meet the following requirements for grading and quality:

Sieve Size Percent Passing 1 ¼" square 1001 ¼" square 25 min. U.S. No. 40 40 max. U.S. No. 200 7.0 max. Sand Equivalent 50 min.

All percentages are by weight.

1If requested by the Contractor, the sieve size may be increased with the approval of the Owner’s Repre- sentative if it is determined that larger size aggregate will be satisfactory for the specified backfilling or embankment construction.

D. Backfill and Fill: Satisfactory soil materials.

EARTHWORK 02300-2 © Bruce Dees & Associates 2019 000215 Koinonia Park Improvements Earthwork May 23, 2019 Bid Set Section 02300

PART 3 - EXECUTION

3.1 PREPARATION

A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations.

B. Protect sub grades and foundation soils against freezing temperatures or frost. Provide protective insulating materials as necessary.

C. Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil- bearing water runoff or airborne dust to adjacent properties and walkways.

3.2 DEWATERING

A. Prevent surface water and ground water from entering excavations, from ponding on prepared sub grades, and from flooding Project site and surrounding area.

B. Protect sub grades from softening, undermining, washout, and damage by rain or water accumulation. 1. Reroute surface water runoff away from excavated areas. Do not allow water to accumulate in excavations. Do not use excavated trenches as temporary drainage ditches. 2. Install a dewatering system to keep sub grades dry and convey ground water away from excavations. Maintain until dewatering is no longer required.

3.3 EXCAVATION, GENERAL

A. Unclassified Excavation: Excavation to sub grade elevations regardless of the character of surface and subsurface conditions encountered, including rock, soil materials, and obstructions.

3.4 EXCAVATION FOR STRUCTURES

A. Excavate to indicated elevations and dimensions within a tolerance of plus or minus tenth-foot (.10'). Extend excavations a sufficient distance from structures for placing and removing concrete formwork, for installing services and other construction, and for inspections. 1. Excavations for Footings and Foundations: Do not disturb bottom of excavation. Excavate by hand to final grade just before placing concrete reinforcement. Trim bottoms to required lines and grades to leave solid base to receive other work.

3.5 EXCAVATION FOR WALKS AND PAVEMENTS

A. Excavate surfaces under walks and pavements to indicated cross sections, elevations, and grades.

3.6 APPROVAL OF SUBGRADE

A. Notify Owner’s Representative when excavations have reached required sub grade.

EARTHWORK 02300-3 © Bruce Dees & Associates 2019 000216 Koinonia Park Improvements Earthwork May 23, 2019 Bid Set Section 02300

B. Cut Areas: After cutting to finish sub grade, proof roll sub grade at all cut areas to receive paving or structures with heavy pneumatic-tired equipment or a 2,000 lb. roller to identify soft pockets and areas of excess yielding. Do not proof roll wet or saturated sub grades. 1. Any soft cut areas identified by the Owner's Representative, and if directed by the Owner's Representative, shall be over excavated to a depth determined by the Owner's Representative, and the excavated material re-compacted. 2. Payment for removal and re-compaction shall be negotiated. 3. In the event the other Owner's Representative determines the existing soil to be unsuitable, the cost for removal and replacement with borrow shall be negotiated.

C. Reconstruct sub grades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, at the Contractor’s expense.

3.7 UNAUTHORIZED EXCAVATION

A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation of concrete foundation or footing to excavation bottom, without altering top elevation. Lean concrete fill may be used when approved by Owner’s Representative. 1. Fill unauthorized excavations under other construction or utility pipe as directed by Owner’s Representative.

3.8 STORAGE OF SOIL MATERIALS

A. Stockpile borrow materials and satisfactory excavated soil materials. Stockpile soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees.

3.9 BACKFILL

A. Place and compact backfill in excavations promptly, but not before completing the following: 1. Surveying locations of underground utilities for record documents. 2. Inspecting and testing underground utilities. 3. Removing concrete formwork. 4. Removing trash and debris. 5. Removing temporary shoring and bracing, and sheeting. 6. Installing permanent or temporary horizontal bracing on horizontally supported walls.

3.10 FILL

A. Preparation: Remove vegetation, topsoil, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface before placing fills.

B. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material will bond with existing material.

C. Place and compact fill material in layers as specified to required elevations to the specified densities.

EARTHWORK 02300-4 © Bruce Dees & Associates 2019 000217 Koinonia Park Improvements Earthwork May 23, 2019 Bid Set Section 02300

3.11 MOISTURE CONTROL

A. Uniformly moisten or aerate sub grade and each subsequent fill or backfill layer before compaction to within 2 percent of optimum moisture content. 1. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. 2. Remove and replace, or scarify and air-dry, otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry unit weight.

3.12 COMPACTION OF BACKFILLS AND FILLS

A. Place backfill and fill materials in layers not more than 8 inches in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches in loose depth for material compacted by hand- operated tampers.

B. Place backfill and fill materials evenly on all sides of structures to required elevations, and uniformly along the full length of each structure.

C. Compact soil to not less than the following percentages of maximum dry unit weight according to ASTM D 1557: 1. Steps and pavements, scarify and re-compact top 12 inches of existing sub grade and each layer of backfill or fill material at 95 percent. 2. Under walkways, scarify and re-compact top 6 inches below sub grade and compact each layer of backfill or fill material at 95 percent. 3. Under lawn or unpaved areas, scarify and re-compact top 6 inches below sub grade and compact each layer of backfill or fill material at 85 percent.

3.13 GRADING

A. General: Uniformly grade areas to a smooth surface, free from irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances.

B. Site Grading: Finish sub grades to required elevations within the following tolerances: 1. Lawn or Unpaved Areas: Plus or minus 1 tenth foot (.10'). 2. Pavements: Plus or minus .05'. 3. Walks: Plus or minus 1 tenth foot (.10'). 4. Playground Surfacing: 1 tenth foot (.10').

3.14 FIELD QUALITY CONTROL

A. Testing Agency: Owner may engage a qualified independent geotechnical engineering testing agency to perform field quality control testing.

B. Allow testing agency to inspect and test sub grades and each fill or backfill layer. Proceed with subsequent earthwork only after test results for previously completed work complies with requirements.

C. Footing Sub grade: At footing sub grades, at least one test of each soil stratum will be performed to verify design-bearing capacities. Subsequent verification and approval of other footing sub grades may

EARTHWORK 02300-5 © Bruce Dees & Associates 2019 000218 Koinonia Park Improvements Earthwork May 23, 2019 Bid Set Section 02300

be based on a visual comparison of sub grade with tested sub grade when approved by Owner’s Representative.

D. Testing agency will test compaction of soils in place according to ASTM D 1556, ASTM D 2167, ASTM D 2922, and ASTM D 2937, as applicable. Tests will be performed at the following locations and frequencies: 1. Paved Areas: At sub grade and at each compacted fill and backfill layer, at least one test for every 2,000 sq. ft. or less of paved area, but in no case fewer than three tests. 2. Trench Backfill: At each compacted initial and final backfill layer, at least one test for each 150 feet or less of trench length, but no fewer than two tests. 3. Footings: At each compacted initial and final backfill layer, at least one test for each 100 feet or less of trench length, but no fewer than two tests.

E. When testing agency reports that sub grades, fills, or backfills have not achieved degree of compaction specified, scarify and moisten or aerate, or remove and replace soil to depth required; re-compact and retest until specified compaction is obtained.

3.15 PROTECTION

A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris.

B. Repair and reestablish grades to the specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace soil material to depth as directed by Owner’s Representative; reshape and re-compact.

C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible.

3.16 DISPOSAL OF SURPLUS AND WASTE MATERIALS

A. Disposal: Unless otherwise specified, remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off Owner's property.

3.17 BORROW

A. The Contractor shall be responsible for determining quantities of cut and fill. In the event there is insufficient on-site fill material, use import borrow. The cost for import borrow shall be included in the lump sum contract price.

END OF SECTION 02300

EARTHWORK 02300-6 © Bruce Dees & Associates 2019 000219 Koinonia Park Improvements Subdrainage May 23, 2019 Bid Set Section 02620

SECTION 02620 – SUBDRAINAGE

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00 of the Contract, including Supplemental Conditions 00 07 10 and Division 1 Specification Sections, apply to this Section.

B. Related work in other sections: 1. Section 02650 – Storm Drainage

1.2 SUMMARY

A. This Section includes: 1. Subdrainage pipe and drainage aggregate.

B. Call underground locate line 1-800-424-5555 a minimum of 72 hours prior to any excavations in the private right-of-way. Contractor shall hire a private local service for on-site service.

1.3 DEFINITIONS

A. PP: Corrugated perforated polyethylene

B. HDP: High-density polyethylene.

1.4 PERFORMANCE REQUIREMENTS

A. All workmanship and materials shall be in accordance with the latest edition of the Standard Specifications for Road, Bridge, and Municipal Construction (WSDOT). The Standard Specifications, except as they may be modified or superseded by the City of Snoqualmie Development Standards and/or these plans, shall govern all phases of work.

1.5 SUBMITTALS A. Submit composite data sheets on all manufactured materials including: 1. Corrugated perforated polyethylene pipe (PP) and fittings. 2. Drainage aggregate.

B. Submit samples and certified test results on drainage aggregate. See Part 2.8 "Sampling of Permeable Materials", for submittal requirements.

C. Fittings shall be of the same manufacturer as the pipe.

SUBDRAINAGE 02620-1 © Bruce Dees & Associates 2019 000220 Koinonia Park Improvements Subdrainage May 23, 2019 Bid Set Section 02620

PART 2 - PRODUCTS

2.1 GENERAL

A. All materials shall be new and undamaged and of the type specified. The same manufacturer of each item shall be used throughout the work.

B. Where reference is made to other specifications, it shall be the latest revision of the time of construction, except as noted on the plans or herein.

C. All materials not specifically referenced shall comply with applicable sections of ANSI, ASTM, AWWA or the WSDOT Standard Specifications.

D. Approximate locations of existing utilities have been obtained from available records and are shown for convenience. The Contractor shall be responsible for verification of locations and to avoid damage to any additional utilities not shown. If conflicts with existing utilities arise during construction, the Contractor shall notify the Engineer and any changes required shall be approved in writing by the Engineer prior to commencement of related construction on the project.

2.2 CORRUGATED PERFORATED POLYETHYLENE PIPE AND FITTINGS

A. Corrugated perforated polyethylene pipe (PP) shall be virgin polyethylene, coiled, corrugated drain tubing, manufactured in accordance with ASTM F-405, Standard Specifications for Corrugated Polyethylene Tubing and Fittings. Corrugated-perforated pipe shall be Advance Drainage System (ADS) or approved equal.

B. Pipe shall be flexible with circumferential ribbing for maximum strength. The perforations shall be a minimum of three rows at 120-degree angles. Perforations shall be of the "saw-cut" variety or of sufficiently small circular holes to not permit passage of pea gravel.

C. Fittings shall be of the same manufacture as the pipe and shall be of the "snap-on" type.

D. Lengths of pipe shall be joined by split couplings. Tape for wrapping of split couplings shall be polyethylene material.

2.3 SOLID HIGH DENSITY POLYETHYLENE PIPE (HDP) AND FITTINGS

A. See Section 02630 – Storm Drainage.

2.4 CATCH BASINS

A. See Section 02630 – Storm Drainage.

2.5 DRAINAGE AGGREGATE

A. All drainage aggregate used in the drainage trenches shall be pea gravel, washed, and meet the following specifications for grading and quality: SUBDRAINAGE 02620-2 © Bruce Dees & Associates 2019 000221 Koinonia Park Improvements Subdrainage May 23, 2019 Bid Set Section 02620

Sieve Size % Passing #1/2 100% #3/8 95-100% #5/16 80-90% #1/4 10-50% #4 1-10% #8 0-1%

All percentages by weight.

B. Drain pipe aggregate gravel shall be used as the envelope around the corrugated polyethylene drain piping from the bottom of the pipe trench to the level of the existing native material subgrade.

2.6 PIPE BEDDING

A. See Section 02630 – Storm Drainage.

2.7 SAMPLING OF PERMEABLE MATERIALS

A. Prior to the importation of any of the permeable materials, the Contractor shall provide the Owner with a ½ cubic foot sample and with a certified test lab report of the sieve analysis of the product listing compliance with the same sieve sizes specified. Owner shall be the final determining factor in establishing compliance with sieve requirements. No material shall be brought onto the job site until the initial sieve analysis has been approved by the Owner, in writing. The testing laboratory shall be an independent, professional laboratory, approved by the Owner.

B. During the course of importation of the permeable materials, the Contractor shall be responsible for continually checking the materials to insure that they continue to meet the Specifications. Failure to do so may require that the Contractor remove non-qualifying material from the site at the contractor's own cost. The Owner will have the option to take random samples for testing at their own laboratory. In the event that any sample taken and tested by the Owner reveals that non-qualifying material is being imported, the Contractor shall cease all importation until the Owner is assured that the Contractor is meeting the specifications. In the event that the Owner's sieve analysis and the Contractor's sieve analysis are at variance, and either analysis reveals the material to be non-complying, the Contractor shall be responsible for obtaining the services of a third party professional testing laboratory, which, in turn shall analyze samples selected by the Owner. Such analysis shall be turned over to the Owner for resolution.

C. The certified test lab reports required in paragraph above, shall be submitted by the Contractor as early as possible to avoid potential delays in the Contract due to sample rejections.

PART 3 - EXECUTION

3.1 FINISH SUBGRADE

A. Verify that the subgrade depths are correct and as shown on the drawings.

B. Subgrade must be in a smooth, even condition prior to trenching.

SUBDRAINAGE 02620-3 © Bruce Dees & Associates 2019 000222 Koinonia Park Improvements Subdrainage May 23, 2019 Bid Set Section 02620

3.2 TRENCHING

A. Excavation: Trenches shall be cut with smooth sides, no less width than as shown on the drawings. All trench spoils removed from the under drained areas may be used as fill in other on-site areas. In the event that the trench has been over excavated, the Contractor may correct the cut by use of the gravel filler material, as long as the invert elevations of the drainpipe and the minimum pea gravel filter blanket are as specified. All trenches shall have loose material removed form the trench bottom before any bedding gravel shall be placed. Trench bottom shall be smooth and compact and to the grade specified.

B. Trench Maintenance: All trenches shall be maintained with vertical sides and without loose or sloughed materials therein; care shall be taken in placement of gravel to ensure no sloughing of trench sides or contamination of the pea gravel.

C. The Contractor shall not drive rubber tired vehicles across excavated trenches unless trenches are bridged with ½" steel sheeting (approximately 4' x 8' size). During delivery of materials, trucks shall be guided by a field worker to insure that no trenches are crossed without protection.

D. All excavations over four feet (4') deep shall be in conformance with WISHA shoring regulations and Standard Specifications (WSDOT), Section 7-17.3(1).

E. Geotextile Installation: Install on the subgrade and in the subdrainage trenches as detailed and in strict conformance with the manufacturer's specifications.

3.3 PEA GRAVEL ENVELOPE

A. Pea gravel shall be placed in properly graded and approved trenches for the drainpipe with lines and grades per the plans. The gravel shall be carefully placed on the clean and graded trench bottom and brought to the appropriate level, no less than 2" at any point. The drainpipe shall be placed on the bedding and the balance of the filler gravel shall be placed on the pipe and brought up to finish subgrade level. Gravel shall be placed along the sides of the pipe and the top of the pipe with the pipe held in place to prevent vertical or lateral displacement by the fluid effort of the gravel.

3.4 CORRUGATED PERFORATED POLYETHYLENE PIPE AND FITTINGS

A. Polyethylene pipe shall be uncoiled and cut to length and then permitted to remain in the uncoiled position until excessive set induced by coiling is relieved. Pipe shall be laid on the bed to grade and held to prevent displacement. Pipe shall be end-capped at the ends. Pipe shall be coupled with snap-on couplings to ensure locking of the couplings and shall be wrapped with two wraps of polyethylene tape (one tape width).

3.5 SOLID HIGH DENSITY POLYETHYLENE (HDP) PIPE INSTALLATION

A. See Section 02630 – Storm Drainage.

3.6 PREPARATION FOR PLAYGROUND SURFACING

A. See Section 02790 – Poured-in-Place Playground Surfacing.

B. See Section 02791 – Playground Surfacing. SUBDRAINAGE 02620-4 © Bruce Dees & Associates 2019 000223 Koinonia Park Improvements Subdrainage May 23, 2019 Bid Set Section 02620

C. See Section 02910 – Soil Mixes and Placement.

END OF SECTION 02620

SUBDRAINAGE 02620-5 © Bruce Dees & Associates 2019 000224 Koinonia Park Improvements Storm Drainage May 23, 2019 Bid Set Section 02630

SECTION 02630 – STORM DRAINAGE

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00 of the Contract, including Supplemental Conditions 00 07 10 and Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes site storm drainage and connection to an existing storm sewer manhole to south of the site.

B. Related Sections include the following: 1. Section 02620 – Subdrainage.

1.3 DEFINITIONS

A. PVC: Polyvinyl chloride plastic.

B. HDP: High-density polyethylene.

1.4 PERFORMANCE REQUIREMENTS

A. All workmanship and materials shall be in accordance with the latest 'English' unit edition of the Standard Specifications for Road, Bridge, and Municipal Construction (WSDOT/APWA). The Standard Specifications, except as they may be modified or superseded by the City of Snoqualmie Standards and/or these plans, shall govern all phases of work.

B. Fees and Permits: Obtain and pay for all required permits for work under this section.

1.5 SUBMITTALS

A. Submit composite data sheets on all manufactured materials including: 1. HDP Pipe and Fittings. 2. Catch Basins, Grates and Covers.

B. Submit ½ cf samples and certified lab sieve analysis for pipe bedding.

PART 2 - PRODUCTS

2.1 HIGH DENISTY POLYETHYLENE PIPE (HDP) AND FITTINGS

STORM DRAINAGE 02630-1 © Bruce Dees & Associates 2019 000225 Koinonia Park Improvements Storm Drainage May 23, 2019 Bid Set Section 02630

A. HDP drain pipe and fittings shall be High Density Polyethylene (HDP) conforming to HDP pipe shall be AASHTO M252 (4" -10' pipe), or AASHTO M294 (12" and larger), Type S smooth interior, corrugated exterior pipe, N-12, manufactured by Advanced Drainage Systems: Hi-Q pipe as manufactured by Hancor, Inc. or approved equal. Fittings shall be of the same manufacture as the pipe and shall be of the 'snap-on' type. Lengths of tubing shall be joined by split couplings.

2.2 CATCH BASINS

A. Catch Basins: 1. PVC Drain Basins: a. Shall be manufactured from PVC pipe stock, utilizing a thermos-molding process to reform the pipe stock to the specified configuration. b. The drainage pipe connection stubs shall be manufactured from PVC pipe stock and formed to provide a watertight connection with the specified pipe system. c. Joint tightness shall confirm to ASTM D3212 "Standard Specifications for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals". The flexible elastomeric seals shall conform to ASTM F477. d. The pipe bell spigot shall be joined to the main body of the drain basin or catch basin. e. The raw material used to manufacture the pipe stock that is used to manufacture the main body and pipe stubs of the surface drainage inlets shall conform to ASTM D1784 cell class 12454. f. Approved Product: Nyoplast or approved equal.

2.3 CATCH BASIN FRAMES AND GRATES

A. PVC Catch Basin Grate: Iron Age Designs Cast Iron 12" diameter round "Miso" grate, standard finish with JR Smith 2130C lockable collar only. Use adaptor to PVC drain basis as required.

B. Type I Catch Basin Frame and Lid: Cast iron, lockable.

2.4 PIPE BEDDING

A. Pipe bedding shall consist of crushed, processed, or naturally occurring granular material. It shall be essentially free from various types of wood waste or other extraneous of objectionable materials. It shall have such characteristics of size and shape that it will compact readily and shall meet the following specifications for grading and quality:

Sieve Size Percent Passing 1" square 100% ¼" square 25-80% U.S. No. 200 15.0 Max. Sand Equivalent 35 Min.

2.5 TRENCH DRAIN

A. Not used.

STORM DRAINAGE 02630-2 © Bruce Dees & Associates 2019 000226 Koinonia Park Improvements Storm Drainage May 23, 2019 Bid Set Section 02630

2.6 TRENCH BACKFILL

A. Trench backfill shall be excavated native material. Suitable native material shall be free from mud, muck, organic matter, broken pavement, rocks greater than 6" dimension, and other deleterious material, and must be capable of compaction to the required density at the time of placement. If the native material cannot be readily compacted to a specified density, Bank Run Gravel shall be utilized and any insufficiently compacted native material shall be removed and replaced with Bank Run Gravel.

PART 3 - EXECUTION

3.1 GENERAL

A. Call underground locate line at 1-800-424-5555 a minimum of 72-hours prior to any excavations.

B. Before any construction or development activity, a preconstruction meeting must be held between the Contractor, the City’s Inspector, and other appropriate parties.

C. The City’s Inspector must be notified at least 24-hours prior to commencing construction. No part of the drainage system shall be put into use until it has been inspected by the City. The City may waive this requirement on a case-by-case basis if continued evidence of sound construction practice by the Contractor so warrants. In any event, installations which do not meet the requirements of these standards shall be removed and replaced at the Contractor’s sole expense.

3.2 EXCAVATIONS

A. Trench Excavation and Backfill: 1. The maximum permissible trench width between the foundation level and up to 12 inches above the pipe shall be 40 inches for pipe 15 inches or smaller inside diameter or 1-1/2 times the inside diameter plus 18 inches for pipe 18 inches or larger. If the maximum trench width is exceeded without written authorization of the City, the Contractor will be required to provide pipe of higher strength classification or to provide a higher class of bedding, as required by the City. 2. Back fill shall be placed in lifts not to exceed 12 inches in loose depth, and each lift shall be mechanically compacted to the following densities: a. Along and over the pipe to a depth of one foot above the crown of the pipe– 90 percent of maximum density. b. Above one foot above the crown of the pipe in unimproved areas – 90 percent of maximum density. c. Above one foot above the crown of the pipe in areas to be paved (roadway and/or sidewalk) – 95 percent of maximum density. 3. Compaction of trench backfill material shall be accomplished with mechanical tampers, vibratory compactors, or other equipment suitable to the characteristics of the soils. Water settling shall not be employed. The use of compaction equipment directly over the pipe shall be controlled and limited in accordance with installation instructions and recommendations provided by the manufacturer of the pipe. 4. In-place density testing of compacted backfill material shall be in accordance with ASTM D1556 (sand cone device) or ASTM D2922 (nuclear density gauge). Laboratory maximum density testing of fill material shall be performed in accordance with ASTM D 1557. 5. A minimum of one compaction test is required for each 200 feet of trench or as may be directed by the City. Trenches failing the required test shall have the backfill removed, replaced, and recompacted. Compaction testing shall be done only by an approved testing laboratory at the STORM DRAINAGE 02630-3 © Bruce Dees & Associates 2019 000227 Koinonia Park Improvements Storm Drainage May 23, 2019 Bid Set Section 02630

Contractor’s expense. All test results and analyses shall be promptly given to the City Inspector. The City reserves the right to contract with an independent testing laboratory for testing of trench backfill. This testing shall also be done at the Contractor’s expense. 6. When, after excavating for pipes to the foundation level, the material remaining in the trench is unsuitable, as determined by the City Inspector, excavation shall be continued to such additional depth as may be required by the City Inspector. Unsuitable foundation material shall be replaced with foundation gravel conforming to Section 9-03.17 of the Standard Specifications. 7. The Contractor shall furnish, install, and operate all necessary equipment to keep excavations above the foundation level free from water during construction, and shall dewater and dispose of the water so as not to cause injury to public or private property or nuisance to the public. 8. Sufficient pumping equipment in good working condition shall be available at all times for all emergencies, including power outage, and shall have available at all times competent workmen for the operation of the pumping equipment.

3.3 PIPE BEDDING

A. Bedding shall be placed to a minimum depth of 6 inches under the barrel of the pipe and up to the following levels: 1. PVC high-density polyethylene and corrugated polyethylene pipe – one (1) foot above the crown of the pipe.

3.4 SHORING

A. The requirements of the Occupational Safety and Health Act (OSHA) and the Washington Industrial Safety and health Act of 1973 (WISHA) shall apply to all excavation, trenching, and ditching operations on this project. All trenches over four (4) feet in depth shall be shored, braced, and shielded in compliance with applicable Federal and/or State regulations. Shoring, bracing, or shielding shall be required in all street area excavations, including those areas where all existing pavement is being removed. Sloping to the angle of repose will be permitted only in non-critical, off-street areas.

B. Shoring and cribbing of excavations and trenches shall be provided in accordance with the provisions of Section 2-09 of the Standard Specifications.

C. The shoring system shall be a commercially available shoring system designed for the depths anticipated on the project. The shoring system shall meet all requirements of the Washington State Safety and Health Act (WISHA) and United States Federal Occupational Safety and Health Act (OSHA).

3.5 PIPE LAYING

A. Pipe laying shall comply with the Standard Specifications (WSDOT).

3.6 CONNECTIONS TO EXISTING PIPES

A. The Contractor shall verify invert elevations prior to construction.

B. The Contractor shall excavate completely around the pipe to prevent unbalanced loading. The storm sewer shall be kept in operation at all times and the necessary precautions shall be taken to prevent debris STORM DRAINAGE 02630-4 © Bruce Dees & Associates 2019 000228 Koinonia Park Improvements Storm Drainage May 23, 2019 Bid Set Section 02630

or other material from entering the storm sewer, including a tight pipeline bypass through the existing line if required. Water used for flushing and testing shall not be allowed to enter the storm sewer.

C. All damage to the manhole resulting from the Contractor’s operation shall be repaired at no expense to the City.

3.7 TESTING

A. Testing 1. The storm drain system will be inspected by the City. Any departures from the best construction practices, such as pipeline misalignment, presence of foreign matter in the catch basins or manhole, poor manhole or catch basin construction, etc. shall be corrected. 2. Continuous poor construction practice shall be cause to require complete testing of the storm drain system in accordance with Section 7-04 of the Standard Specifications.

3.8 CATCH BASINS

A. Place the base section on the prepared bedding so as to be fully and uniformly supported in true alignment, making sure that all entering pipes can be inserted on proper grade and alignment.

B. All lift holes and all joints between precast elements shall be thoroughly wetted and then be completely filled with mortar, smoothed and pointed both inside and out, to ensure watertightness with brushed finish.

C. Precast sections shall be placed and aligned to provide vertical sides.

D. The Contractor shall construct structures of the type specified on the project drawings so as to provide adjustment space for setting frames and covers to a finished grade. Frame and cover shall be installed and adjusted in accordance with Standard Specifications.

3.9 CLEANING

A. Cleaning shall comply with Standard Specifications (WSDOT), Section 7-17.3 (4).

END OF SECTION 02630

STORM DRAINAGE 02630-5 © Bruce Dees & Associates 2019 000229 Koinonia Park Improvements Cast-in-Place Concrete May 23, 2019 Bid Set Section 02751

SECTION 02751– CAST-IN-PLACE CONCRETE

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00 of the Contract, including Supplemental Conditions 00 07 10 and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes exterior cement concrete pavement for the following: 1. Walks. 2. Seat walls. 3. Miscellaneous concrete.

B. Related Sections include the following: 1. Section 02300 – Earthwork.

1.3 DEFINITIONS

A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, expansive hydraulic cement, fly ash and other pozzolans, ground granulated blast-furnace slag, and silica fume.

1.4 SUBMITTALS

A. Product Data: For each type of manufactured material and product indicated. 1. Joint filler. 2. Curing compound.

B. Design Mixes: For each concrete pavement mix. Include alternate mix designs when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments.

C. Exposed Aggregate Finish test samples.

1.5 QUALITY ASSURANCE

A. Installer Qualifications: An experienced installer who has completed pavement work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance.

B. Manufacturer Qualifications: Manufacturer of ready-mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. 1. Manufacturer must be certified according to the National Ready Mix Concrete Association's Plant Certification Program. CAST-IN-PLACE CONCRETE 02751-1 © Bruce Dees & Associates 2019 000230 Koinonia Park Improvements Cast-in-Place Concrete May 23, 2019 Bid Set Section 02751

C. ACI Publications: Comply with ACI 301, "Specification for Structural Concrete," unless modified by the requirements of the Contract Documents.

D. Pre-installation Conference: Conduct conference at Project site to comply with requirements in Section 01310 - "Project Management and Coordination". 1. Require representatives of each entity directly concerned with concrete pavement to attend, including the following: a. Contractor's superintendent. b. Concrete subcontractor.

1.6 PROJECT CONDITIONS

A. Traffic Control: Maintain access for vehicular and pedestrian traffic as required for other construction activities.

PART 2 - PRODUCTS

2.1 FORMS

A. Form Materials: Plywood, metal, metal-framed plywood, or other approved panel-type materials to provide full-depth, continuous, straight, smooth exposed surfaces. 1. Use flexible or curved forms for all curves.

B. Form-Release Agent: Commercially formulated form-release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces.

2.2 STEEL REINFORCEMENT

A. Reinforcement Bars: ASTM A 615/A 615M, Grade 60, deformed.

2.3 CONCRETE MATERIALS

A. General: Use the same brand and type of cementitious material from the same manufacturer throughout the Project.

B. Portland Cement: ASTM C 150, Type I or II.

C. Aggregate: ASTM C 33, uniformly graded, from a single source, with coarse aggregate as follows: 1. Maximum Aggregate Size: ¾" nominal. 2. Do not use fine or coarse aggregates containing substances that cause spalling.

D. Water: Potable and in conformance with ASTM C 94.

2.4 ADMIXTURES

A. General: Admixtures certified by manufacturer to contain not more than 0.1% water-soluble chloride ions by mass of cement and to be compatible with other admixtures. CAST-IN-PLACE CONCRETE 02751-2 © Bruce Dees & Associates 2019 000231 Koinonia Park Improvements Cast-in-Place Concrete May 23, 2019 Bid Set Section 02751

B. Air-Entraining Admixture: ASTM C 260.

2.5 CURING MATERIALS

A. Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet.

B. Water: Potable.

C. Clear Waterborne Membrane-Forming Curing Compound: ASTM C 309, Type 1, Class B.

D. Products: Subject to compliance with requirements, provide one of the following:

2.6 RELATED MATERIALS

A. Expansion- and Isolation-Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber 3/8" thick. Premolded expansion joint filler shall be of sufficient size to cover the full depth of the concrete section.

2.7 CONCRETE MIXES

A. Prepare design mixes, proportioned according to ACI 211.1 and ACI 301, for each type and strength of normal-weight concrete determined by either laboratory trial mixes or field experience.

B. Use a qualified independent testing agency for preparing and reporting proposed mix designs for the trial batch method. 1. Do not use Owner's field quality-control testing agency as the independent testing agency.

C. Proportion mixes to provide concrete with the following properties: 1. Compressive Strength twenty-eight (28 Days): 4000 psi: Walls, Paving 2. Compressive Strength twenty-eight (28 Days): 3000 psi: Curbs, mowstrips, misc. concrete 3. Slump Limit: 4"

D. Add air-entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content as follows within a tolerance of plus or minus 1.5%: 1. Air Content: 6% for ¾" maximum aggregate.

2.8 CONCRETE MIXING

A. Ready-Mixed Concrete: Comply with requirements and with ASTM C 94.

B. Admixtures: Add admixtures within an accuracy of 3%. Where two (2) or more admixtures are used in the same batch, they shall be added separately and must be compatible. Approved admixtures must be added at the appropriate time in strict compliance with manufacturer's directions. Concrete that shows evidence of total collapse or segregation caused by the use of admixture shall be removed from the site.

C. Synthetic Fiber: Add 1 – 1 ½ lbs per cubic yard.

2.9 CRUSHED ROCK BASE

A. Crushed surfacing base course per WSDOT Section 09-03.10 Management for Gravel Bases. CAST-IN-PLACE CONCRETE 02751-3 © Bruce Dees & Associates 2019 000232 Koinonia Park Improvements Cast-in-Place Concrete May 23, 2019 Bid Set Section 02751

PART 3 - EXECUTION

3.1 SUBGRADE PREPARATION AND CRUSHED ROCK BASE

A. Verify the subgrade is correct to line and grade before beginning work.

B. Proof-roll prepared subbase surface to check for unstable areas and verify need for additional compaction. Proceed with pavement only after nonconforming conditions have been corrected and subgrade is ready to receive pavement.

C. Remove loose material from compacted subbase surface immediately before placing crushed rock base.

D. Place crushed rock base in one (1) lift and compact.

3.2 EDGE FORMS AND SCREED CONSTRUCTION

A. All curved edges shall be formed with flexible forms and approved by the Owner's Representative prior to pouring any concrete.

B. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides for pavement to required lines, grades, and elevations. Install forms to allow continuous progress of work and so forms can remain in place at least twenty-four (24) hours after concrete placement.

C. Clean forms after each use and coat with form release agent to ensure separation from concrete without damage.

3.3 STEEL REINFORCEMENT

A. General: Comply with CRSI's "Manual of Standard Practice" for fabricating reinforcement and with recommendations in CRSI's "Placing Reinforcing Bars" for placing and supporting reinforcement.

B. Clean reinforcement of loose rust and mill scale, earth, ice, or other bond-reducing materials.

C. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during concrete placement. Maintain minimum cover to reinforcement.

3.4 JOINTS

A. General: Place joints where shown. Construct construction, isolation contraction joints and sawcut tool edgings true to line with faces perpendicular to surface plane of concrete. Construct transverse joints at right angles to centerline, unless otherwise indicated. 1. When joining existing pavement, place transverse joints to align with previously placed joints, unless otherwise indicated.

B. Construction Joints: Set construction joints at side and end terminations of pavement and at locations where pavement operations are stopped for more than 1/2 hour, unless pavement terminates at isolation joints. 1. Provide preformed galvanized steel or plastic keyway-section forms or bulkhead forms with keys, unless otherwise indicated. Embed keys at least 1½" into concrete.

CAST-IN-PLACE CONCRETE 02751-4 © Bruce Dees & Associates 2019 000233 Koinonia Park Improvements Cast-in-Place Concrete May 23, 2019 Bid Set Section 02751

2. Continue reinforcement across construction joints, unless otherwise indicated. Do not continue reinforcement through sides of pavement strips, unless otherwise indicated. 3. Provide tie bars at sides of pavement strips where indicated. 4. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces.

C. Isolation Joints: Form isolation joints of preformed joint-filler strips abutting concrete curbs, catch basins, manholes, inlets, structures, walks, other fixed objects, and where indicated. 1. Locate isolation joints at intervals indicated. 2. Extend joint fillers full width and depth of joint. 3. Terminate joint filler no less than 1/2" mor more than 1" below finished surface if joint sealant is indicated. 4. Furnish joint fillers in one (1) piece lengths. Where more than one (1) length is required, lace or clip joint-filler sections together. 5. Protect top edge of joint filler during concrete placement with metal, plastic, or other temporary preformed cap. Remove protective cap after concrete has been placed on both sides of joint.

D. Edging: Tool edges of joints in concrete after initial floating with an edging tool to the radius indicated on drawings. Repeat tooling of edges after applying surface finishes. Eliminate tool marks on concrete surfaces.

3.5 CONCRETE PLACEMENT

A. Inspection: Before placing concrete, inspect and complete formwork installation, reinforcement steel, and items to be embedded or cast in. Notify other trades to permit installation of their work.

B. Remove snow, ice, or frost from subbase surface and reinforcement before placing concrete. Do not place concrete on frozen surfaces.

C. Moisten subbase to provide a uniform dampened condition at the time concrete is placed. Do not place concrete around manholes or other structures until they are at the required finish elevation and alignment.

D. Comply with requirements and with recommendations in ACI 304R for measuring, mixing, transporting, and placing concrete.

E. Deposit and spread concrete in a continuous operation between transverse joints. Do not push or drag concrete into place or use vibrators to move concrete into place.

F. Consolidate concrete by mechanical vibrating equipment supplemented by hand-spading, rodding, or tamping. Use equipment and procedures to consolidate concrete according to recommendations in ACI 309R.

G. Consolidate concrete along face of forms and adjacent to transverse joints with an internal vibrator. Keep vibrator away from joint assemblies, reinforcement, or side forms. Use only square-faced shovels for hand-spreading and consolidation. Consolidate with care to prevent dislocating reinforcement, dowels, and joint devices.

H. Screed pavement surfaces with a straightedge and strike off. Commence initial floating using bull floats or darbies to form an open textured and uniform surface plane before excess moisture or bleed water appears on the surface. Do not further disturb concrete surfaces before beginning finishing operations.

CAST-IN-PLACE CONCRETE 02751-5 © Bruce Dees & Associates 2019 000234 Koinonia Park Improvements Cast-in-Place Concrete May 23, 2019 Bid Set Section 02751

I. Cold-Weather Placement: Comply with ACI 306.1 and as follows when cold weather conditions exist: 1. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. 2. When air temperature has fallen to or is expected to fall below 40° F, uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50° F and not more than 80° F at point of placement. 3. Do not use frozen materials or materials containing ice or snow. 4. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators, unless otherwise specified and approved in mix designs.

J. Hot-Weather Placement: Place concrete according to recommendations in ACI 305R and as follows when hot-weather conditions exist: 1. Cool ingredients before mixing to maintain concrete temperature at time of placement below 90° F. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. 2. Cover reinforcement steel with water-soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. 3. Fog-spray forms, reinforcement steel, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas.

3.6 CONCRETE FINISHING

A. General: Wetting of concrete surfaces during screeding, initial floating, or finishing operations is prohibited.

B. Float Finish: Begin the second floating operation when bleed-water sheen has disappeared and the concrete surface has stiffened sufficiently to permit operations. Float surface with power-driven floats, or by hand floating if area is small or inaccessible to power units. Finish surfaces to true planes. Cut down high spots, and fill low spots. Refloat surface immediately to uniform granular texture. 1. Light Textured Broom Finish: Draw a soft bristle broom across float-finished concrete surface perpendicular to line of traffic to provide a uniform, fine-line texture.

C. Exposed Aggregate Finish: Provide test samples for review.

D. Concrete Seat Walls: Class 1 sack finish all exposed surfaces (see WSDOT Standard Specifications, Section 6-02.3 (14) A).

3.7 CONCRETE PROTECTION AND CURING

A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection and follow recommendations in ACI 305R for hot- weather protection during curing.

B. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing.

C. Begin curing after finishing concrete, but not before free water has disappeared from concrete surface.

CAST-IN-PLACE CONCRETE 02751-6 © Bruce Dees & Associates 2019 000235 Koinonia Park Improvements Cast-in-Place Concrete May 23, 2019 Bid Set Section 02751

D. Curing Methods: Cure concrete by moisture curing, moisture-retaining-cover curing, curing compound, or a combination of these as follows: 1. Moisture Curing: Keep surfaces continuously moist for not less than seven (7) days with the following materials: a. Absorptive cover, water saturated, and kept continuously wet. Cover concrete surfaces and edges with 12" lap over adjacent absorptive covers. 2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. 3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Maintain continuity of coating and repair damage during curing period.

3.8 PAVEMENT TOLERANCES

A. Comply with tolerances of ACI 117 and as follows: 1. Elevation: ¼". 2. Thickness: Plus 3/8", minus ¼". 3. Surface: Gap below 10' long, unleveled straightedge not to exceed ¼". 4. Lateral Alignment and Spacing of Tie Bars and Dowels: 1". 5. Vertical Alignment of Tie Bars and Dowels: ¼". 6. Joint Spacing: As shown. 7. Joint Width: Plus 1/8", minus 0".

3.9 FIELD QUALITY CONTROL

A. Testing Agency: Owner will engage a qualified testing and inspection agency to sample materials, perform tests, and submit test reports during concrete placement. Sampling and testing for quality control may include those specified in this Article.

B. Test results shall be reported in writing to Owner's Representative, concrete manufacturer, and Contractor within 24 hours of testing. Reports of compressive-strength tests shall contain Project identification name and number, date of concrete placement, name of concrete testing agency, concrete type and class, location of concrete batch in pavement, design compressive strength at 28 days, concrete mix proportions and materials, compressive breaking strength, and type of break for both 7 and 28 day tests.

C. Additional Tests: Testing agency shall make additional tests of the concrete when test results indicate slump, air entrainment, concrete strengths, or other requirements have not been met, as directed by Owner's Representative. Testing agency may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42, or by other methods as directed.

3.10 REPAIRS AND PROTECTION

A. Remove and replace concrete pavement that is broken, damaged, or defective, or does not meet requirements in this Section.

B. Drill test cores where directed by Owner's Representative when necessary to determine magnitude of cracks or defective areas. Fill drilled core holes in satisfactory pavement areas with Portland cement concrete bonded to pavement with epoxy adhesive. CAST-IN-PLACE CONCRETE 02751-7 © Bruce Dees & Associates 2019 000236 Koinonia Park Improvements Cast-in-Place Concrete May 23, 2019 Bid Set Section 02751

C. Protect concrete from damage. Exclude traffic from pavement for at least fourteen (14) days after placement. When construction traffic is permitted, maintain pavement as clean as possible by removing surface stains and spillage of materials as they occur.

D. Maintain concrete pavement free of stains, discoloration, dirt, and other foreign material. Sweep concrete pavement not more than two (2) days before date scheduled for Substantial Completion inspections.

END OF SECTION 02751

CAST-IN-PLACE CONCRETE 02751-8 © Bruce Dees & Associates 2019 000237 Koinonia Park Improvements Poured-In-Place Playground Surfacing May 23, 2019 Bid Set Section 02790

SECTION 02790 – POURED-IN-PLACE PLAYGROUND SURFACING

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00 of the Contract, including Supplemental Conditions 00 07 10 and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes: 1. Installing of poured-in-place rubber playground surfacing in areas as indicated on plans.

1.3 RELATED SECTIONS

A. Coordinate related work and requirements specified in other parts of the Contract documents, including but not limited to the following: 1. Section 02300 – Earthwork. 2. Section 02751 – Cast-In-Place- Concrete 3. Section 02910 – Soil Mixes and Placement 4. Section 02791 – Engineered Wood Fiber Playground Surfacing

1.4 REFERENCES

A. Refer to the following standards: 1. ASTM International: a. ASTM F1292-99 Impact Attenuation: showing attenuation for the required Critical Height for the equipment shown on the plans. b. ASTM F1951-99 Accessibility of Surface Systems: showing product meets requirements for playground handicap accessibility as required by the Americans with Disability Act. c. ASTM D2047-82 Coefficient of Friction: meeting minimum slip resistance coefficient of friction of .9-wet or 1.0 when wet, or better. d. ASTM D412-87 Tensile Strength: showing product's ability to stretch before breaking. Wear course must have a minimum tensile strength of 60 PSI, and % of elongation at break of 140%. e. ASTM F1292 IPEMA Certification: Obtain validation of compliance, as tested by an independent laboratory, at www.IPEMA.org.

1.5 QUALITY ASSURANCE

A. Poured-in-place surfaces shall be manufactured and installed by trained, experienced company employees or certified installers who have successfully completed the "Certified Installers Training Program" required by the vendor.

POURED-IN-PLACE PLAYGROUND SURFACING 02790-1 © Bruce Dees & Associates 2019 000238 Koinonia Park Improvements Poured-In-Place Playground Surfacing May 23, 2019 Bid Set Section 02790

B. A manufacturer's representative who is experienced in the installation of playground safety surfacing shall be present. The representative shall supervise the installation to ensure that the system meets the impact attenuation requirements as specified herein.

1.6 SYSTEM DESCRIPTION

A. GT-Impax brand manufactured by GameTime, or approved equal, poured in place resilient recycled rubber surfacing is site mixed to the manufacturer's specifications, and troweled to a uniform specified thickness, over a prepared concrete subbase. A wear course layer of TPV ½" thick is applied over the base course layer for wearability, and shall be colored as specified.

1.7 PERFORAMNCE REQUIREMENTS

A. Area Safety: Surfacing within playground equipment use zones shall meet or exceed the performance requirements of the CPSC, ADA and Fall Height Test ASTM F 1292-09. The surface must yield both a peak deceleration of no more than 200 G-max and a head Injury Criteria (HIC) value of no more than 1,000 for a head-first fall from the highest accessible portion of play equipment being installed as shown on drawings. IPEMA certification is required. (ASTM F1292 section 4.3.3: The laboratory test used to determine critical fall height shall have been conducted on surfacing material samples identical in design, materials, components, thickness, and manufactured as the installed playground surface.)

B. Accessibility: NOTE: Children's outdoor play areas shall be in compliance with the Uniform Federal Accessibility Standards (UFAS) FED-STD-795 and the Architectural and Engineer Instructions (9AEI) Design Criteria. The requirements of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) 28 CFR Part 36 that provide equal or greater accessibility than the requirements of the UFAS must also me be in children's outdoor play areas.

1.8 SUBMITTALS

A. Submit in accordance with Section 01330. 1. Manufacturer's written five (5) year warranty 2. Manufacturer's descriptive data and installation instructions. 3. Manufacturer's details showing depths of Wear Course and subbase materials, anchoring systems and edge details. 4. A listing of at least five (5) installations where products similar to those proposed for use have been installed and have been in service for a minimum period of three (3) years. This list shall include owner, address of installation, date of installation, contact person, and phone number. 5. Written verification data showing compliance with all the standards outlined in section 1.4 A-1 of this section. 6. A signed statement from the manufacturer of the poured in place surfacing attesting that all materials under this section shall be installed only by the Manufacturer's Trained Installers. 7. A Certificate of Insurance shall be provided by the vendor for poured in place surfacing for use as playground safety surfacing, covering general and product liability, of not less than liability of $25,000,000. The issuing underwrite shall be AA rated. 8. Samples of the proposed material and colors and mixes. 9. Certification that product shows a permeability rate of .4 gallons/sy per second.

POURED-IN-PLACE PLAYGROUND SURFACING 02790-2 © Bruce Dees & Associates 2019 000239 Koinonia Park Improvements Poured-In-Place Playground Surfacing May 23, 2019 Bid Set Section 02790

1.9 DELIVERY, STORAGE AND HANDLING

A. Materials and equipment shall be delivered and stored in accordance with the manufacturer's recommendations.

1.10 PROJECT SITE CONDITIONS

A. Poured-in-Place surfacing shall be installed on a dry sub-surface, with no prospect of rain within the initial drying period, and within the recommended temperature range of the manufacturer. For proper curing, temperatures must be maintained over 50 degrees, and installation must be free of any rain or flowing water for 24 hours after final troweling, and the structural integrity of the final products. During installation, the immediate surrounding area must be reasonably free of dust conditions or this could affect the final surface look. The manufacturer's representative shall observe the installation to control the installation based on such factors.

1.11 SEQUENCING AND SCHEDULING

A. Poured in place surfacing shall be installed after all playground equipment and any other items that will be within the surfacing area are in place. Surface installation shall be coordinated by a manufacturer's representative.

1.12 WARRANTY

A. Poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for five (5) years. Warranty shall include maintenance requirements and performance standards of completed product.

PART 2 - PRODUCTS

2.1 POURED-IN-PLACE PLAYGROUND SURFACING

A. Safety surfacing shall consist of synthetic materials meeting the requirements of this specification. The type of safety surfacing shall be GT-Impax manufactured by GameTime, or approved equal, and installed by a qualified installer, Telephone: (800) 235-2440, Local Representative SiteLines (425) 355-5655 or approved equal.

2.2 PRODUCT SCOPE

A. The poured in place surface shall consist of 100 percent recycled material mixed with a polyurethane primer and binder, then capped with TPV also mixed with a polyurethane binder.

B. The poured in place surface shall consist of a uniform material manufactured in such a way that the top portion meets the requirements specified herein for wear surface.

POURED-IN-PLACE PLAYGROUND SURFACING 02790-3 © Bruce Dees & Associates 2019 000240 Koinonia Park Improvements Poured-In-Place Playground Surfacing May 23, 2019 Bid Set Section 02790

2.3 BASE COURSE LAYER

A. Impact Attenuating Base Course Layer: Base Course Layer consists of shredded styrene butadiene rubber (SBR) adhered with a 100 percent solids polyurethane binder to form a resilient porous material.

B. Strands of SBR may vary from 0.5 mm – 2.0 mm in thickness by 3.0 mm – 20 mm in length. Cushion material may have 10% SBR Ambient Crumb Rubber and a fiber content of .1% or less mixed in.

C. No foam or standard rubber granules shall be permitted in Base Course Layer.

D. The Base Course Layer shall be compatible with the Wear Course Layer and must meet requirements herein for impact attenuation.

E. Thickness of base course shall be a minimum of 2" thick.

2.4 WEAR COURSE LAYER

A. Two (2) color mixes to be selected from the manufacturer's color selection. 1. Color Mix 1: 90% Green, 10% Black. 2. Color Mix 2: 50% Green, 40% Yellow, 10% Black.

B. Wear Course Layer shall consists of a mixture of colored and/or Thermal Plastic Vulcanized (TPV) granules with polyurethane binder formulated to produce an even, uniform, seamless surface up to 2,000 square feet.

C. ASTM D 2240 (Shore A) hardness of 55 – 65, not less than 26 percent rubber hydrocarbons.

D. TPV shall be angular granules with a (Shore A) hardness of 65°±5 and particle size between 1 – 4 mm. Binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles.

E. Thickness of Wear Course Layer shall be a minimum ½ inch (12.7 mm).

F. The Wear Course Layer shall be porous. Product must show a permeability rate of .4 gallons/sy per second.

2.5 POLYURETHANE PRIMER AND BINDER

A. No Toluene Diphenel Isocyanate (TDI) shall be used.

B. No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals.

C. Weight of polyurethane shall be no less than 8.5 lbs/gal (1.02 Kg/1) and no more than 9.5 lbs/gal (1.14 Kg/1).

D. Manufacturer is permitted to modify the type of urethane required to match weather conditions. Substitutions must be equal to or exceed original quality.

E. Shall be clear, single component MDI-based elastomeric, polyurethane pre-polymer, moisture cured.

POURED-IN-PLACE PLAYGROUND SURFACING 02790-4 © Bruce Dees & Associates 2019 000241 Koinonia Park Improvements Poured-In-Place Playground Surfacing May 23, 2019 Bid Set Section 02790

F. To prevent ultraviolet yellowing of the binder and discoloration, only clear Aliphatic Resin binders are to be used on the wear course.

2.6 MATERIALS

A. The following products or approved equals shall be provided: 1. GT-Impax, manufacturer GameTime, as distributed by SiteLines (425) 355-5655.

2.7 COMPLETED PRODUCT

A. Upon completed installation, product shall have an ASTM fall rating (Critical Height) of 8', and a thickness of 3 1/2"

PART 3 - EXECUTION

3.1 SITE PREPARATION

A. Finished Grade/Slope: Verify that the correct finished subgrade elevation and specified compaction has been established per Section 02300 Earthwork.

B. Crushed Rock Subbase: 4" of 5/8 minus compacted in 2" lifts to 95% compaction. Tolerance of subbase shall be within ±1/4 inch in 10 ft.

C. Base Course Layer Preparation: Poured –in-place matting to be installed by manufacturers trained installers over a base of concrete that has been properly cured for a minimum of 15 days, for proper adhesion. Prime cured hard substrates with binder at a rate of .06 gallons/sy for good adhesion. See Section 02751 Cast –in-Place Concrete.

3.2 INSTALLATION

A. Poured-in-Place Surfacing: Components of the poured in place surfacing shall be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufacture's recommendations. Installation of surfacing shall be seamless up to 2,000 square feet per day and completely bonded to subbase. Material shall cover all foundations and fill around all elements penetrating the surface.

B. Base Course Layer: Whenever practical, base course layer of surfacing material shall be installed in one continuous pour on the same day of up to 2,000 square feet. When a second pour is required, step the seam and fully coat the step of the previous work with polyurethane binder to ensure 100 percent bond with new work. Apply adhesive in small quantities so that new cushion layer can be placed before the adhesive dries.

C. Wear Course Layer: Wear Course Layer must be high quality peroxide cured TPV granules. Wear Course Layer shall be bonded to Base Course Layer. If necessary, additional primer shall be used between the Base Course Layer and Wear Course Layer. Apply adhesive to Base Course Layer in small quantities allowing the Wear Course Layer to be applied before adhesive dries. Surface shall be hand troweled to a smooth, even finish. Except where the Wear Course Layer is composed of differing color patterns, pour shall be continuous and seamless up to 2,000 square feet per day. Where seams are POURED-IN-PLACE PLAYGROUND SURFACING 02790-5 © Bruce Dees & Associates 2019 000242 Koinonia Park Improvements Poured-In-Place Playground Surfacing May 23, 2019 Bid Set Section 02790

required due to color change, size or adverse weather, a step configuration will be constructed to maintain Wear Course Layer integrity. The edge of initial pour shall be coated with adhesive and wearing surface mixture shall be immediately applied. Pads with multiple seams are encouraged to include a top coat of urethane before being placed into use. Butt joint seams are not acceptable except for repairs. Under special conditions and with Owner's written approval seams may be permitted in same color pad. Consult with manufacturer for specific applications.

D. Perimeter: The inside vertical edge of concrete border shall be primed with adhesive and the final 2" of the Base Course Layer shall be tapered to allow the Wear Course Layer material to be 1.5" – 2" thick where it joins the concrete edge. The Wear Course Layer shall be flush with the surrounding concrete after installation.

E. Primer Adhesive: Primer adhesive shall be applied to the inside vertical edge of the border before PIP surface installation.

F. Thickness: Ensure that full depth of specified surfacing material is installed. Surfacing system thickness throughout the playground equipment use zone shall be as required to meet the impact attenuation requirements specified herein.

3.3 PROTECTION

A. The safety surface shall be allowed to fully cure in accordance with manufacturer's instructions. The surface shall be protected from all traffic during the curing period of forty-eight (48) hours or as instructed by the manufacturer.

3.4 CLEAN UP

A. Avoid adhesive on adjacent surfaces or play equipment. Spills of adhesive shall be promptly cleaned.

END OF SECTION 02790

POURED-IN-PLACE PLAYGROUND SURFACING 02790-6 © Bruce Dees & Associates 2019 000243 Koinonia Park Improvements Engineered Wood Fiber Playground Surfacing May 23, 2019 Bid Set Section 02791

SECTION 02791 – ENGINEERED WOOD FIBER PLAYGROUND SURFACING

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00 of the Contract, including Supplemental Conditions 00 07 10 and Division 01 Specification Sections, apply to this section.

1.2 SUMMARY

A. This section includes the following: 1. Accessible engineered wood fiber playground safety surfacing system. 2. Play sand. 3. Crushed rock base.

B. Related sections include: 1. Section 02751 – Cast-In-Place Concrete 2. Section 02751 – Poured-In-Place Playground Surfacing 3. Section 02871 – Playground Equipment

1.3 SUBMITTALS

A. Engineered Wood Fiber ½ cubic foot sample.

B. Geotextile Fabric 12" x 12" sample.

C. Play Sand ½ cubic foot sample and sieve analysis.

D. Crushed Rock Base ½ cubic foot sample and sieve analysis.

E. Written Warranty: 1. Engineered Wood Fiber

F. GMax Test Results: 1. Engineered Wood Fiber

G. Quality Assurance Certificates. 1. Engineered Wood Fiber

H. Maintenance Instructions. 1. Engineered Wood Fiber

1.4 QUALITY ASSURANCE

A. Engineered Wood Fiber: 1. Manufacturer shall provide impact test results in accordance with current ASTM F1292 Standard Specification for Impact Attenuation of Surface Systems Under and Around Playground

ENGINEERED WOOD FIBER PLAYGROUND SURFACING000244 02791-1 © Bruce Dees & Associates 2019 Koinonia Park Improvements Engineered Wood Fiber Playground Surfacing May 23, 2019 Bid Set Section 02791

Equipment. Test results must show 12' drop test GMax values of less than 155g, and less than 100 HIC. 2. Safety surfacing product must have current IPEMA (International Playground Equipment Manufacturer's Association) testing and certification to be considered in compliance with ASTM F1292 standards. Validation is available at www.impema.org. 3. Manufacturer must provide proof of ADA accessibility in accordance with ASTM F1951 Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment. 4. Manufacturer must provide proof of compliance with ASTM F2075 Standard for Engineered Wood Fiber for Surface Systems Under and Around Playground Equipment. 5. Minimum manufacture's performance warranty: 15 years.

PART 2 - PRODUCTS

2.1 MATERIALS

A. Engineered Wood Fiber: GT-MPAX (or approved equal), manufacturer: GameTime 800-235-2440), available from SiteLines Park and Playground Products 800-541-0869. Engineered wood fiber shall be a mix of random-sized Cedar blend of wood particles that have been ground and screened specifically for use as a playground safety surface. Material shall be free from bard, dirt, leaves, or other contaminants, with interlocking fibers that make a matrix capable of supporting wheelchairs, and other assistive devices. Hardwood material will not be considered, due to the susceptibility to decay. 1. Provide and install approximately 33% additional material to allow for compaction; depth after 30 day compaction period shall be 12". 2. Install (1) layer of geotextile beneath wood fiber surfacing, overlapping edges at least 4". a. GameTime Impaxfelt polyester geotextile or approved equal.

B. Play Sand: As approved by VolleyballUSA.com or approved equal, Volleyball USA rep, Dave McNeil (425) 501-8338. Play Sand shall be a high quality washed sand free from dust and pea gravel.

C. Crushed Rock Base: See Section 02751 – Cast-in-Place Concrete.

PART 3 - EXECUTION

3.1 INSTALLATION

A. Install engineered wood fiber safety surfacing system in accordance with manufacturer's standard installation instructions to the compaction depth shown.

B. Install play sand to depth shown on the drawings.

C. Install crushed rock base per Section 02751 – Cast-in-Place Concrete.

3.2 MAINTENANCE

A. Provide onsite instructions to the owner's maintenance staff and written maintenance instructions.

END OF SECTION 02791

ENGINEERED WOOD FIBER PLAYGROUND SURFACING000245 02791-2 © Bruce Dees & Associates 2019 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

SECTION 02810 – IRRIGATION SYSTEM

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00 of the Contract, including Supplemental Conditions and Division 1 Specification Sections, apply to this Section.

B. Koinonia Park Improvements drawings. All sections of the standard specifications applicable to any and all parts of this project shall govern, except as specifically modified in this section.

C. References: 1. City of Snoqualmie Standards. 2. American Society for Testing and Materials (ASTM). 3. American Water Works Association (AWWA). 4. State of Washington Standards 5. National Electrical Code (NEC). 6. Standard Specifications for Municipal Public Works Construction - Washington State Chapter (latest edition). 7. State of Washington - Department of Health. 8. City of Snoqualmie Water District Standards.

D. Related work in other sections of these specifications includes, but is not limited to: 1. Section 02930 – Planting

1.2 SUMMARY

A. This Section includes, but is not limited to the following: 1. To furnish and install a new, complete and electronically operated irrigation system, as indicated on the drawings and specified herein including, but not limited to, piping, valves, sprinklers and wiring. 2. The irrigation system will be supplied with potable water. The water source is the existing point of connection as indicated on the drawings. 3. Coordinate work with other trades as applicable to avoid conflicts and to maintain schedule. 4. Protect the existing irrigation system from construction damage. Any damage to the existing system shall be repaired by the contractor at no cost to the owner. 5. Prior to construction, the contractor shall operate entire existing system and recording locations of equipment damage or non-performance. That information is then to be forwarded to the Owner's Representative. 6. Connect new equipment to existing system at the location shown on the drawings and verified in the field.

1.3 DEFINITIONS

A. Mainline Piping: Downstream from point of connection to water distribution piping up to and including the control valves and quick couplers. Piping is under constant pressure when the system is activated.

IRRIGATION SYSTEM 02810-1 © Bruce Dees & Associates 2019 000246 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

B. Lateral Line Piping: Downstream from control valves and quick couplers to sprinklers and specialties. Piping is under pressure during individual zone operation.

C. The "Owner" may be the actual project owner or an owner-selected representative.

D. The following are industry abbreviations for plastic materials: 1. ABS: Acrylonitrile-butadine-styrene plastic. 2. FRP: Fiberglass-reinforced plastic. 3. PA: Polyamide (nylon) plastic. 4. PP: Polypropylene plastic. 5. PE: Polyethylene plastic. 6. PTFE: Polytetrafluoroethylene plastic. 7. PVC: Polyvinylchloride plastic. 8. TFE: Tetrafluoroethylene plastic.

1.4 QUALITY ASSURANCE

A. Prior to construction of this project, Contractor shall provide the Owner's Representative with written evidence that all Contractor staff assigned to solvent welding duties of PVC pipe or fittings are in possession of an up-to-date certification card issued by manufacturer representative of specified solvent cement. If Contractor's staff are not in possession of current certification cards, the Contractor shall schedule and complete a training seminar (conducted by solvent cement manufacturer representative) and provide written evidence of training completion for each staff member, to the Owner's Representative prior to construction. Only staff that are certified shall be permitted to solvent weld pipe and fittings.

1.5 PERFORMANCE REQUIREMENTS

A. Location of Sprinklers and Specialties: Design location is approximate. Make minor adjustments as required to avoid obstructions such as site furnishings, signs and light standards. Maintain the overlap coverage designated by the sprinkler spacing shown on the Drawings). Avoid overspray onto walks and structures as practical.

B. The Contractor shall perform all system layout. The Landscape Architect may or may not inspect the system layout prior to installation. System components not properly located shall be reinstalled by the Contractor at no additional cost to the Owner.

C. The Contractor shall be solely responsible for all costs associated with locating and excavating the existing mainline used as the point of connection.

D. Minimum Working Pressures: The following are minimum pressure requirements for piping, valves, and specialties, unless otherwise indicated: 1. Mainline Piping: 300 psi. 2. Lateral Line Piping: 200 psi.

1.6 SUBMITTALS

A. Proof of certification for solvent welding.

B. Product Data: Material and equipment composite data sheets shall be submitted for the following: IRRIGATION SYSTEM 02810-2 © Bruce Dees & Associates 2019 000247 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

1. PVC pipe 2. Pressure gauges 3. Quick coupling valves (inc. key and hose swivel) 4. Control valves 5. Control and trace wire 6. Wire splices (all types) 7. Swing joints 8. Sprinkler heads / nozzles 9. Valve boxes

C. Submit the number of copies required by the Contract Documents. Clearly index, label, and highlight products to be utilized.

D. Operation and Maintenance Manuals: The Contractor shall provide four (4) sets of the following: 1. Guarantee/warranty certificates for all equipment used. 2. Contractors written one-year guarantee/warranty for the entire system. 3. List of authorized distributors and service centers for all products installed on the project. Include contact names, addresses, and phone numbers. 4. Instruction manuals for all equipment used. 5. Parts lists and "exploded" view drawings showing part numbers for each item. 6. Detail drawings of all areas that were unable to be shown clearly on the "As-Builts". 7. Reduced and laminated zone chart.

Provide the above information in three ring binders, clearly indexed, tabbed, and highlighted, with the project title, location, address, and date clearly and typed in bold lettering (minimum 24 pt. Arial) on the front cover.

E. The Contractor shall submit the following items to the Landscape Architect prior to final acceptance: 1. Warranty Cards on all equipment so warranted. 2. "As-Built" plans as detailed in these Specifications. 3. Operations and Maintenance Manuals per paragraph 1.5 C. 4. Extra Materials per paragraph 1.8 A.

1.7 DELIVERY, STORAGE, AND HANDLING

A. Protect stored PVC piping from direct sunlight. Support pipe as necessary to prevent sagging and bending.

B. Provide safe and secure storage of all material required for system installation.

1.8 PROJECT CONDITIONS

A. Contractor shall bear all costs to locate and verify all underground utility locations within the site. Avoid damage to existing utilities, plant material, and structures. Contact Utility Locate Services at 1- 800-424-5555 and/or a private locating service prior to any work, to have existing utilities located and marked on site. Contractor is responsible for any damage that is caused.

B. Interruption of Existing Water Service: Do not interrupt water service to facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary water service according to requirements indicated:

IRRIGATION SYSTEM 02810-3 © Bruce Dees & Associates 2019 000248 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

1. Notify Owner no fewer than two (2) working days in advance of any proposed interruption of water service. Do not proceed with interruption of water service without Owner's written permission.

C. Utilities and Existing Structures: The exact location of existing structures, equipment, and overhead or underground utilities, shall be solely the responsibility of the Contractor. He shall conduct his work so as to prevent interruption of service or damage to them. Protect existing structures, equipment, and utility services and repair damages.

D. Finish Grades: Verify the correctness of all finish grades within the work area to insure the proper soil- coverage depth over pipe lines and the finished elevations of all sprinkler heads, valve boxes, and irrigation equipment.

E. Adjustments: Make minor adjustments to avoid fixed obstructions and to ensure the overlap coverage designated by the sprinkler spacing on the Drawings.

F. Product Storage: During construction and storage, protect materials from damage and prolonged exposure to sunlight.

G. Keep premises free from rubbish, debris, and excavated trench material, at all time. Store materials so as not to interfere with the operation of the Project.

H. System Operation: System shall be under fully automatic operation for three days prior to the start of grassing operations.

I. Timing and Scheduling: The Contractor shall determine application rates and timer cycling. Adjustments, repairs, etc., other than programming are the responsibility of the Irrigation Contractor.

J. Provide hand watering of all existing and proposed planting areas required at any time during the project at Contractor's expense.

1.9 EXTRA MATERIALS

A. Prior to final acceptance, the Contractor shall provide to the Owner (at no additional cost to the Owner), the keys and/or other tools necessary to activate, operate, and drain the system, including: 1. Two (2) of each type of rotor head installed. 2. Five (5) of each type of spray head body and nozzles installed. 3. All extra nozzle sets not utilized during the installation.

1.10 AS-BUILT DRAWINGS

A. The Contractor shall maintain a current record of all facilities / equipment installed [and existing equipment repaired, replaced, or relocated,] and record any deviations (including horizontal and vertical dimensions) on the plans (all deviations to the plans shall be pre-approved by the Landscape Architect).

B. Upon completion of the system installation and prior to final acceptance, the Contractor shall provide the Landscape Architect with a NEAT, CLEAN and LEGIBLE, reproducible, set of "As-Built" drawings of the completed irrigation system. Any pipe not installed in accordance with the contract plans, shall be dimensioned to a permanent structure for location after burial. All quick coupling valves, automatic valves, manual valves, electrical splice boxes, etcetera, shall be dimensioned on the "As- Builts" to two (2) permanent monuments (preferably buildings or hardscapes). IRRIGATION SYSTEM 02810-4 © Bruce Dees & Associates 2019 000249 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

C. "As-Built" records shall be updated daily and shall be available daily for review by the Owner's Representative and Landscape Architect.

D. At the controller, provide a reduced-scale, "As-Built", schematic drawing of the irrigation system. Laminate the drawing in plastic and mount inside of the controller cabinet door or on the control panel.

1.11 SYSTEM PROTECTION

A. As part of the warranty, the Contractor shall be responsible for winterizing the irrigation system prior to the onset of the freezing season. The Contractor will also be required to reactivate the system in the spring season. Each event must be accomplished within the one-year maintenance period. The Contractor will notify the Owner in writing (with at least 72 hrs. notice) when this work will be performed. Winterizing and spring start-up shall be done in the presence of the Owner's maintenance staff. The Contractor will be liable for all damages resulting from failure to comply.

B. When using compressed air to winterize the system, do so in two (2) short cycles at no more than 75-psi pressure. Do not use a compressor with high pressure and low volume or allow the pipe connected to the compressor to get hot to the touch. The Contractor shall winterize the system prior to irrigation system substantial completion approval and acceptance if freezing weather occurs or is forecast. In such an event, the Contractor shall, as directed by the Landscape Architect, reactivate the system for final inspection and acceptance.

C. Winterization and reactivation prior to final acceptance will not satisfy the warranty period requirement to deactivate (winterize) and reactivate the irrigation system.

D. Fill and repair depressions and replace construction materials damaged from settlement or repair of irrigation trenches, throughout the warranty period.

E. Adjust sprinkler heads as necessary to maintain overlap coverage designated by the sprinkler spacing on the Drawings and to keep spray off structures, out of roadways, and off pavements as much as possible throughout the warranty period.

F. Replace defective parts throughout the warranty period.

1.12 TRAINING

A. Contractor shall provide on-site, hands-on training for Owner's maintenance staff. Training shall include proper procedures for irrigation system operation, maintenance, and winterizing. Duration and content of training shall be sufficient to ensure adequate understanding of system operation and maintenance to enable the Owner to operate, maintain, and winterize the system after the departure of the Contractor. The Owner's Representative shall be notified of this session at least 72 hours in advance. Contractor shall coordinate a mutually agreeable training schedule with the Owner.

1.13 FINAL APPROVAL

A. Final approval will be considered upon satisfactory completion of the following: all performance tests, receipt of acceptable "As-Built" documents and extra materials; training session; receipt of signed and approved permits; and substantial completion approval from the Owner's Representative and Landscape Architect.

IRRIGATION SYSTEM 02810-5 © Bruce Dees & Associates 2019 000250 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

PART 2 - PRODUCTS

2.1 GALVANIZED PIPE AND FITTINGS (not used)

A. Galvanized pipe and fittings shall not be used on this project.

2.2 PIPE THREAD TAPE / COMPOUND

A. All mainline pressure fittings and pipe threads shall be wrapped at least three (3), but no more than four (4), times with Teflon tape.

2.3 POLYVINYL CHLORIDE (PVC) PIPE, FITTINGS AND CEMENT

A. Polyvinyl chloride pipe shall be PVC 1120 or 1220. 1. Mainline Pipe: a. Larger than 6" diameter: Class 200 PVC. b. Up to and including 4" diameter: Schedule 40 PVC. 2. Lateral Line Pipe: a. Larger than 4" diameter: Class 200 PVC. b. Up to and including 4" diameter: CL-200 PVC. 3. Sleeves: CL 200 PVC.

B. Risers on swing joints shall be Schedule 80, conforming to ASTM D 1784.

C. Solvent weld fittings shall be manufactured by Lasco, Spears, or approved equal and installed as follows: 1. Mainline Fittings: Schedule 40/80. 2. Lateral Line Fittings: Schedule 40. 3. Valve and Quick Coupler Fittings: Schedule 40/80. 4. Swing Joints: Schedule 40/80.

D. Solvent welding compounds shall be IPS "Weld-On" products: 1. Primer: P-70 - purple. 2. Cement: P-711 - gray (heavy bodied).

2.4 PIPE AND WIRE SLEEVES

A. Pipe sleeves shall be twice the size of the insert pipe traveling through it. No more than one pipe shall be installed in each sleeve.

B. Install separate sleeves for control and communication wires (min. 2" diameter).

C. Sleeve under all paved surfaces whether indicated on the plan or not.

D. Extend all sleeves twelve inches (12") past any pavement edge.

E. Mark sleeve ends with a 2x4 wooden stake driven 18" into grade with 24" exposed. "IR Sleeve" shall be imprinted in on each stake in black, waterproof ink. The top of each stake shall be painted with

IRRIGATION SYSTEM 02810-6 © Bruce Dees & Associates 2019 000251 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

fluorescent pink marking paint and shall be further marked with three wraps of fluorescent pink flagging tape. Remove stakes after irrigation lines are installed.

F. No additional payment shall be made under any circumstances for locating sleeves.

2.5 GATE VALVES

A. Not used.

2.6 DOUBLE CHECK ASSEMBLY

A. Existing.

2.7 PRESSURE GAUGES

A. Not used.

2.8 MANUAL DRAIN VALVE

A. Not used.

2.9 QUICK COUPLING VALVES

A. Not used.

2.10 DRAIN ROCK

A. Drain rock shall be 5/8" washed pea gravel.

2.11 AUTOMATIC CONTROL VALVES

A. Automatic control valves shall be as noted on plans:

Each valve shall be tagged with a Rainbird VID Series or Christy's ID-STD-Y2 valve i.d. tag (yellow).

2.12 SPRINKLER HEADS

A. As noted on plans.

2.13 SPRINKLER AND QUICK COUPLING VALVE SWING JOINTS (RISERS)

A. Swing joints for sprinkler heads shall be as described on plans.

B. Swing joint for quick coupling valve shall as described on plans.

IRRIGATION SYSTEM 02810-7 © Bruce Dees & Associates 2019 000252 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

C. Swing joints shall not be installed perpendicular to or parallel with the supply line.

2.14 VALVE BOXES AND VAULTS

A. Valve boxes shall be combination polyolefin and fibrous material. Extensions may be required to bring the valve box to the proper level. Utilize 'tee' style covers unless specified otherwise. Boxes shall be as follows: 1. Automatic Valves: Carson 1419-4B with 1419-4B bolt-down cover or equal. The cover shall be bolted down with stainless steel bolts. Box and cover shall be green. 2. Quick Coupling Valves: Carson 910 with 910-4B cover. Box and cover shall be green.

2.15 ENCLOSURES

A. Not used.

2.16 CONTROLLER

A. Use existing controller.

2.17 RAIN SENSOR

A. Not used.

2.18 BOOSTER PUMP

A. Not used.

2.19 CONTROL WIRES AND PIPE LOCATOR WIRE

A. For automatic control valves, AWG direct burial, #14 single strand copper wire designed for 24-50 volts and shall be UL approved for UF (underground feeder). UL and UF designations must be clearly marked on the insulation jacket of the wire. Copper conductor must exceed ASTM B-3 or B-8 specifications. The white colored wire will always be the common and the yellow colored wire will always be the spare leads (auxiliary wires). Hot (signal) leads shall be red. Paige, Service Wire Co. 7079D, or approved equal.

B. Locator wires for below-grade piping shall be #14 bare copper, U.L. approved as UF, ASTM B-3 or B-8 rated.

C. Control wires between the pump start relay and controller shall be two (2) AUG #14 single strand copper wire designed for 24-50 volts and shall be U.L. approved. The copper conductor must exceed ASTM B-3 or B-8 specifications. The color shall be black for the common and orange for the signal lead.

IRRIGATION SYSTEM 02810-8 © Bruce Dees & Associates 2019 000253 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

2.20 ELECTRICAL TAPE

A. Electrical tape shall be black plastic, ¾" wide, minimum 0.007-inch thick, and all-weather type.

2.21 ELECTRICAL WIRE SPLICES

A. Automatic control valve wire splices shall be 3M DBY, or DBR, no substitutions. All splices shall be made within a valve box. At each splice, the wire is to be tagged with a non-fading plastic marker with the zone number permanently marked on the tag. An identical tag shall be attached to the zone control valve. Doublers or devices which split or share zones shall not be used.

2.22 ELECTRICAL CONDUIT AND PULL BOXES

A. This specification pertains only to low voltage wiring. All 120-volt power specifications are referred to Section 16000 – "Electrical".

B. Conduit above finish grade shall be rigid galvanized steel with zinc-protected threads. Fittings shall be of the same material with hot dipped galvanized finish.

C. Conduit within a building shall be EMT where permitted by Code. Fittings shall be suitable for this product.

D. Conduit within the ground shall be gray, Schedule 40 rigid PVC. Fittings shall be suitable for this product. Any run over 100' will require a pull box in the middle of the run or every 100'. Pull boxes shall be Pentek model no. 170128 with 6" extensions and "ELECTRICAL" on the bolt-down lid.

E. All equipment furnished and installed shall be in accordance with National, State, and City Electrical Codes, established safety codes and applicable local codes and ordinances.

PART 3 - EXECUTION

3.1 EXISTING CONDITIONS

A. Verify that the adequate flow and dynamic pressure are available at the point of connection or downstream of the meter prior to beginning any irrigation work.

B. Immediately notify the Landscape Architect in writing if adequate flow and pressure to operate the system as designed cannot be achieved.

C. Prior to beginning any trenching, verify that the subgrade is at the correct design grade and has been approved by the Owner's Representative or Landscape Architect.

D. Operate the existing irrigation system from the controller in the presence of the Owner's Representative to verify the system is 100% operational. Note and photograph any deficiencies, and submit documentation to the Landscape Architect.

IRRIGATION SYSTEM 02810-9 © Bruce Dees & Associates 2019 000254 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

3.2 PREPARATION

A. Stake the locations of all and obtain Landscape Architect's approval before commencing installation. Bring any potential discrepancies to the attention of the Landscape Architect before installation.

B. Locations of equipment shown on Drawing are approximate. Actual placement may vary as required to achieve the full, overlap coverage required on the plans without spraying onto buildings, sidewalk, fences, adjacent pavements, etc.

C. Make necessary adjustments in layout as required to connect to the point of connection or water meter should such equipment not be located as shown, and as may be required to work around new construction, at no increase in contract award.

3.3 GENERAL CONSIDERATIONS

A. Install unions adjacent to valves and to final connections to other components with 2½" or smaller pipe connections.

B. Install flanges adjacent to valves and to final connections to other components with 3" or larger pipe connections.

C. Install dielectric fittings to connect piping of dissimilar metals.

D. Transition Fittings: Use transition fittings for plastic-to-metal pipe connections.

E. Reassembly work has to be done after the fittings have been coated, a new coat shall be applied to the disturbed surface.

3.4 GALVANIZED PIPE AND FITTINGS

A. Not used.

3.5 PVC PIPE TRENCHING AND BACKFILLING

A. Install PVC piping in dry weather when temperature is above 40 degrees Fahrenheit. Allow joints to cure at least 24 hours at temperatures above 40 degrees Fahrenheit before testing unless otherwise recommended by manufacturer.

B. Mainline pipe shall be installed with a minimum of eighteen inches (18"), and a maximum of twenty- four inches (24"), of cover.

C. Lateral line pipe shall be installed with a minimum of twelve inches (12"), and maximum of eighteen inches (18"), of cover.

D. Install pipe with manufacturer's markings facing up (12 o'clock).

E. Pipe shall be laid on stable soil with trench bottom evenly graded (without humps or depressions). Ledge rock, boulders and cobbles seven inches (7") or larger shall be removed so that there is no contact with any piping. Voids remaining from the removal of large rocks shall be filled and compacted with select material. Install piping free of sags or bends. IRRIGATION SYSTEM 02810-10 © Bruce Dees & Associates 2019 000255 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

F. Where multiple irrigation pipes share a common trench, trench shall be sufficiently wide (or piping shall be arranged) to allow four inches (4") minimum of horizontal separation and six inches (6") minimum of vertical separation between piping, while maintaining specified minimum and maximum cover over piping. Irrigation pipes shall be located in a separate trench from any domestic water piping.

G. Backfill around pipe and fittings shall be free from large rocks and shall be well tamped. Trenches shall be backfilled in compacted, six-inch (6") maximum thickness lifts to a level that is even with subgrade (or surrounding grade). Raise backfill to a slight mound and compact with an approved compactor or vibrator. Compaction by vehicle or equipment wheels is prohibited. All roots, rocks, and surplus excavations shall be removed from the site. Contractor is responsible for all trench settlement during the warranty period of the Contract.

H. The trenches shall be thoroughly compacted to 90% density at optimum moisture content. Submit compaction test results from one location in each lateral trench and three random locations in each mainline. Cost for testing shall be the Contractor's responsibility.

3.6 WELDING OF PLASTIC PIPE AND FITTINGS

A. All gasketed and solvent weld plastic pipe shall be installed in accordance with manufacturer's installation instructions. Great care shall be taken to ensure that the inside of the pipe is absolutely clean. Pipe ends (not being worked) shall be protected and not left open. Cleaning of cutting burrs is mandatory.

B. For solvent weld pipe, PVC pipe ends shall be cut at a 90-degree angle to the pipe length and shall be cleaned (use approved reaming tool) of all burrs prior to cementing. Pipe ends shall be wiped clean with a rag that has been lightly wetted with PVC thinner. Joints shall be completely free of moisture or condensation.

C. Cement shall be applied with a light coat on the inside of the fitting and a heavier coat on the outside of the pipe (no further back from the end of pipe than the fitting would slip). Application of cement on the interior of the fittings shall be quantified to ensure no cement shall be pushed into the flow stream of the pipe. Pipe shall be inserted into the fitting and given a quarter turn to seat the cement. Excess cement shall be wiped from the outside of the pipe. Cement that becomes unduly thick or heavy shall not be thinned and re-used. CONTRACTOR SHALL DISPOSE OF SAME. Pipe shall be tested as indicated elsewhere in these specifications.

D. Allow 15 minutes (minimum) set-up time for solvent weld joints before moving or handling. Pipe shall be partially center-loaded to prevent arching or slipping. No water shall be permitted in the pipe for at least 10 hours to permit solvent weld set and cure. Backfilling shall be done when the pipe is not in an expanded condition due to heat or pressure. Cooling of the pipe can be accomplished by operating the system for a short period of time before backfilling, or by backfilling in the early part of the morning before the heat of the day. Before pressure testing, allow 24 hours cure time for solvent weld joints.

E. Lateral line pipe may be longitudinally bent at a ratio of 200 times the outside diameter (o.d.) of the pipe over the length of one (1) full stick of pipe [i.e.: 1½" pipe (1.9" o.d.) can be bent to a minimum radius of 1.9 x 200 or 380 inches (31.7') over 20'].

IRRIGATION SYSTEM 02810-11 © Bruce Dees & Associates 2019 000256 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

3.7 PIPE AND WIRE SLEEVES

A. Provide pipe sleeves under paved areas as required whether or not they are shown on Drawings. Provide multiple parallel pipe sleeves where shown on plans or as specified. Install electrical wiring in a separate sleeve from irrigation piping.

B. Provide as many conduits as required to accommodate all power and low-voltage control wires to the existing controller and new booster pump.

3.8 PRESSURE TESTS

A. Before any testing, all piping shall be thoroughly flushed. Center loading of the pipe is permissible prior to testing, but all pipe end joints, fittings, gate valves, and automatic valve stub outs shall be exposed for inspections during the pressure test.

B. Mainlines shall be filled from the point of connection until all air is removed from the mainline. Smaller sections of the mainline can be tested by closing the gate valves that isolate that particular section of piping. All mainline pipe, fittings, gate, and automatic valves shall be subjected to a hydrostatic pressure test of 125 psi for a minimum of four continuous hours, with no allowable pressure loss.

C. Lateral lines shall be tested at 75 psi. Test following swing joint or riser installation. All swing joints and fixed risers shall be capped. All pipe end joints, fittings, and swing joints shall be left exposed for inspection. Prior to inspection, lines shall be filled with water and all air shall be purged from the lateral. Inspection of lateral lines will be done visually.

D. Rejected systems or any portions thereof shall be repaired and re-tested as specified.

E. Contractor shall furnish all equipment, materials, and labor for all testing. The Contractor shall notify the Owner's Representative or Landscape Architect at least seventy-two (72) hours prior to the test so an inspector may witness the test.

3.9 GATE VALVES

A. Not used.

3.10 DOUBLE CHECK ASSEMBLY

A. Double check assembly is existing.

3.11 PRESSURE GAUGES

A. Not used.

3.12 MANUAL DRAIN VALVE

A. Not used.

IRRIGATION SYSTEM 02810-12 © Bruce Dees & Associates 2019 000257 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

3.13 QUICK COUPLING VALVES

A. Owner shall approve all locations prior to construction. Quick coupling valves shall be installed per detail on unibody swing joints.

B. Quick Coupling Valves shall be installed a minimum of twelve inches (12"), and maximum of thirty-six inches (36") from pavement or lawn edge (except at point of connection). The maximum distance from the top of the quick coupler to the top of the valve box shall be three inches (3"). Make sure quick coupler key easily passes the top of the valve box when fully engaged. The valve shall be installed inside a ten inch (10") round valve box. Care must be taken to prevent excessive water backup within the valve box.

C. A six-inch (6") layer of washed drain rock shall be placed in the bottom of the valve box, encased in a layer of geotextile fabric.

D. Thoroughly flush mainline before installing Quick Coupling Valves.

3.14 MASTER VALVE

A. Not used.

3.15 AUTOMATIC CONTROL VALVES

A. Automatic Valves shall be installed per detail in specified valve boxes, one valve per valve box. Provide Schedule 80 PVC Unions, per detail. Flush supply lines before installing automatic valves. Use valve- box extensions as necessary to extend box completely below bottom of valve.

B. Before installation of automatic valves, the mainline shall be flushed and pressure tested. Begin installation only after mainline test has been certified by Owner's Representative. Install only one valve per valve box.

C. Use Schedule 80 TOE nipple and Schedule 80 fittings and pipe from the mainline to the valve. Use valve box extensions to insure that the box extends at least ten inches (10") below the bottom of the valve. The maximum distance from the flow control handle to the top of the valve box shall be six inches (6"). The valve shall be installed inside a twelve by eighteen inch (12" x 18") standard valve box. Care must be taken to prevent excessive water backup within the valve box. A six-inch (6") layer of drain rock shall be placed in the bottom of the valve box. Group valves where practical. Locate valve boxes six inches (6") from and perpendicular or parallel to walk edge, building, and walls. Provide twelve inches (12") between boxes where valves are grouped together.

D. For pressure regulating valves (Dial-PRS), set downstream pressure using a pressure gauge assembly to obtain optimum sprinkler performance.

3.16 SPRINKLER HEADS

A. Install pop-up sprinklers as shown on Drawings (Contractor shall take steps necessary to avoid filling the sprinkler cavity with back-washed sand or soil). Sprinklers in turf areas shall be installed in a manner that permits reel type mowers to pass over (reels and rollers) sprinklers without interference. Install all pop-up sprinkler bodies perpendicular (90 deg. angle) to slope. Adjust radii of sprinklers to obtain optimum overlap coverage required on the drawings. IRRIGATION SYSTEM 02810-13 © Bruce Dees & Associates 2019 000258 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

B. Backfill around heads shall be approved native or import topsoil, well compacted. Sprinklers shall be installed flush with sidewalks and curbs and exactly two inches (2") from any paved edge. All heads shall be set perpendicular to finish grade unless otherwise specified on the plans. Refer to details.

C. Thoroughly flush lines before installing sprinkler heads.

D. Refer to installation details on Drawings for all sprinkler heads.

3.17 SPRINKLER AND QUICK COUPLING VALVE SWING JOINTS (RISERS)

A. On rotor, spray, and quick coupling valve, use triple swing joints as shown on drawings. Apply two wraps of Teflon tape around threaded outlet connection (to sprinkler or quick coupling valve). Threaded connections shall be watertight. Do not over tighten.

3.18 VALVE BOXES

A. Install valve boxes plumb and flush with finish grade, so that a reel type mower may pass over without interference. Box shall be supported on continuous brick foundation per detail. Valve box archway shall not rest on piping - provide a minimum of one-inch (1") clearance around any piping.

B. Provide filter fabric cover over all below grade openings to prevent debris from contaminating the drain rock.

C. If construction debris washes into the automatic valve or quick coupling valve boxes prior to project completion, remove existing gravel and replace with new gravel.

3.19 IRRIGATION CONTROLLER

A. Existing.

3.20 BOOSTER PUMP

A. Not used.

3.21 CONTROL WIRES AND SPLICES

A. Control wires shall be taped together at 15' intervals and shall then placed at the side (approx. 6" separation) of the mainline. Provide 3' expansion loops at all directional changes. New control wires not installed along mainline shall be housed inside a 3" PCV conduit. All 90 degree fittings shall be long radius type only.

B. There shall be a separate "hot" lead for each automatic valve. A single common wire may be used to reach all valves on an individual controller, but common wires shall not be shared between controllers. Spare wires shall be installed as noted on the plans. Install auxiliary wires to pass through each intermediate valve box, providing an 18 inch (18") minimum loop. Seal ends of spare wires.

C. Minimum size of copper wire for this project is #14 UF. The control wires shall be color coded as follows: IRRIGATION SYSTEM 02810-14 © Bruce Dees & Associates 2019 000259 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

1. Projects with a single controller a. Neutral Wire (common): white b. Signal Wire (controller): red c. Auxiliary Wires (spare): yellow

D. All wire from controller to valves shall be rated Underground Feeder (UF).

E. All splices shall be within a valve box. No splices are permitted on the red signal wire between controller and the valves. At each splice, the wire is to be tagged with a non-fading plastic marker with the zone number permanently marked on the tag. A second, matching tag must also be included at the control valve itself. All splices shall be encapsulated in the device specified in the paragraph for "Electrical Wire Splices" and shall be contained in a plastic valve box where a valve is installed.

3.22 TRACER WIRE AND MARKING TAPE

A. Not used.

3.23 PE-89 CABLE

A. Not used.

3.24 SYSTEM FLUSHING

A. The entire system shall be flushed prior to the installation of the sprinkler heads. After capping all risers, Contractor shall remove the cap nearest the automatic valve, flush and recap. Contractor shall then repeat this process by removing the next nearest cap. Repeat this process until the last head on the circuit is flushed.

3.25 PRELIMINARY COVERAGE TEST

A. Prior to any seeding or sodding, the system shall be tested to ensure full coverage of any proposed irrigated areas. The test shall be of sufficient duration so that moisture is visibly apparent on the bare soil or sand areas and that the system is covering as specified.

3.26 LABELING AND IDENTIFYING

A. Install all valve i.d. tags as specified herein.

B. Provide a reduced and laminated version of the system layout and mount per the Owner's direction next to the control panel.

3.27 FINAL REVIEW

A. Prior to request for final review, accomplish the following: 1. Complete the installation. 2. Balance the system by adjusting pressure-regulating devices and flow controls on valves. 3. Confirm proper operation of existing controller to the new zones. IRRIGATION SYSTEM 02810-15 © Bruce Dees & Associates 2019 000260 Koinonia Park Improvements Irrigation System May 23, 2019 Bid Set Section 02810

4. Verify that all existing equipment operates properly as identified in Paragraph 3.1 D. 5. Test for proper operation of all new [and existing] equipment. 6. Clean sediment from valve boxes so that drain rock (below valves) and wiring (including auxiliary wire) is clearly visible. 7. Submit Operation and Maintenance manuals to the Landscape Architect for review. 8. Complete "As Built" documents and submit for review by the Landscape Architect. 9. Submit specified extra materials, spare parts, and required tools and deliver them to the Owner's Representative.

3.28 PERFORMANCE TEST

A. A performance test is part of the final review.

B. Upon completion of the system installation and after the pressure tests have been completed and the system has been adjusted, the Contractor shall operate the system in the presence of the Landscape Architect.

C. Coverage check: Each automatic valve shall be operated to determine proper sprinkler coverage. Excessive water on non-landscaped areas will be checked carefully. If applicable, during the coverage check, check operation via the remote control device.

D. Controller shall be tested for manual and automatic operation.

E. After the system performance test, the Landscape Architect may request up to five percent (5%) of the total sprinkler nozzles be substituted at no additional cost.

3.29 CLEAN-UP

A. The contractor is responsible for maintaining a clean and safe working environment throughout the project site. Regular policing of the project site of trash and project debris will be required.

B. Disposal to all trash will be the Contractors' responsibility.

END OF SECTION 02810

IRRIGATION SYSTEM 02810-16 © Bruce Dees & Associates 2019 000261 Koinonia Park Improvements Playground Equipment May 23, 2019 Bid Set Section 02871

SECTION 02871 – PLAYGROUND EQUIPMENT

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00 of the Contract, including Supplemental Conditions 00 07 10 and Division 01 Specification Sections, apply to this section.

1.2 SUMMARY

A. This section includes the following: 1. Manufactured playground equipment.

B. Related sections include: 1. Section 02790 – Poured-In-Place Playground Surfacing 2. Section 02791 – Engineered Wood Fiber Playground Surfacing

1.3 SUBMITTALS

A. Submit composite data sheets on all equipment.

B. Provide color samples on all equipment.

1.4 QUALITY ASSURANCE

A. Specifications are based on equipment manufactured by GameTime (Local representative 800-235-2440) or approved equal. All play structures shall be certified and validated to be in conformance with the ASTM F1487 Standard and all play components and surfacing must have IPEMA Certification.

B. Posts and Fittings: 1. Primary play system upright posts are to be 5" OD aluminum, with 1/8" (.125") minimum wall thickness. All play features are to connect to the uprights posts with factory present, CNC drilled threaded inserts in the positions required for attachments. 2. Wrap-around clamps, or any connections requiring field drilling into the uprights to attach decks or play features will not be accepted. Decks shall attach directly to the upright posts using (2) 3/8" bolts at each corner to ensure system structural integrity.

C. Coating: Primed parts shall be preheated prior to dipping in UV stabilized liquid polyvinyl chloride (PVC), then salt cured at approximately 400 degrees. The finished coating shall be approximately .080" thick at an 85 durometer with a minimum tensile strength of 1700 psi and a minimum tear strength of 250 lbs/inch.

D. Finish: A minimum .004" of architectural-grade Super Durable polyester TGIC powder is applied. The average film thickness is .006" and tested per the following ASTM standards. Each color must meet or exceed the ratings listed below: 1. Hardness: ASTM D3363 rating 2H. PLAYGROUND EQUIPMENT 02871-1 © Bruce Dees & Associates 2019 000262 Koinonia Park Improvements Playground Equipment May 23, 2019 Bid Set Section 02871

2. Flexibility: ASTM D522 pass 1/8" mandrel. 3. Impact: ASTM D2794 rating minimum 80 inch-pounds. 4. Salt Fog Resistance: ASTM B117 and D1654 4,000 hours and rating 6 or greater. 5. UV Exposure: ASTM G154, 340 bulb, 3,000 hours, rating delta E of 2, and 90 percent gloss retention. 6. Adhesion: ASTM D3359, Method B, rating 5B.

E. Decks: Decks shall be manufactured from a single piece of low carbon 12 GA (.105") sheet steel conforming to ASTM specification A-1011. Minimum deck side dimension must be 49"

F. Connections:All major components and decks shall connect to upright posts using 3/8" vandal-resistant stainless steel hardware, fastened to CNC drilled and factory installed threaded inserts in predeternmined locations to guarantee safety compliance after installation. Play systems with moveable wraparound clamps, or that require installer field drilling into the uprights for bolts or rivets, will not be accepted.

G. Rotationally Molded Polyethylene Parts: Parts shall be molded using prime compounded linear low- density polyethylene with a tensile strength of 2,500 psi per ASTM D638 and with color and UV- stabilizing additives. Wall thickness varies by product from .187" (3/16") to .312" (5/16").

H. Parts: Parts shall be manufactured from ¾" high-density polyethylene that has been specifically formulated for optimum UV stability and color retention. Products shall meet or exceed density of .960 G/cc per ASTM D1505, tensile strength of 2400 PSI per ASTM D638.

I. Recycled Parts: Parts shall be manufactured from ¾" high-density polyethylene that has been specially formulated for optimum UV stability and color retention. Products shall meet or exceed density of .960 G/cc per ASTM D1505, tensile strength of 2400 PSI per ASTM D638.

J. Footings: Unless otherwise specified, the depth on all footings shall be 30" below Finished Grade (FG) on all in-ground play events/posts. Consult manufacturer's installation manual to confirm alll foting depths.

K. Hardware Packages: All shipments shall include individual component-specific hardware packages. Each hardware package shall be labeled with the part number, description, a component diagram showing the appropriate component, package weight, a bar code linking the hardware package to the job number, assembler's name, date and time the package was assembled, work center number and work order number.

L. Installation Documentation: All shipments shall include a notebook or packet of order-specific, step-by- step instructions for assembly of each component, including equipment assembly diagrams, estimated hours for assembly, footing dimensions, concrete quantity for direct bury components, fall height information, area required information and detailed material specifications.

PART 2 - PRODUCTS

2.1 PLAYGROUND EQUIPMENT

A. Provide GameTime equipment per the model numbers and layout shown on the site plan, or approved equal.

PLAYGROUND EQUIPMENT 02871-2 © Bruce Dees & Associates 2019 000263 Koinonia Park Improvements Playground Equipment May 23, 2019 Bid Set Section 02871

PART 3 - EXECUTION

3.1 INSTALLATION

A. All equipment shall be installed in strict conformance with manufacturer's instruction in the locations shown and with the appropriate safe zone spacing.

B. Check all fasteners for proper adjustment once complete. Installer must install manufacturer-provided warning stickers in a prominent location.

3.2 CLEAN UP

A. Clean all materials and equipment.

END OF SECTION 02871

PLAYGROUND EQUIPMENT 02871-3 © Bruce Dees & Associates 2019 000264 Koinonia Park Improvements Soil Mixes and Placement May 23, 2019 Bid Set Section 02910

SECTION 02910 – SOILS MIXES AND PLACEMENT

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00 of the Contract, including Supplemental Conditions 00 07 10 and Division 1 Specification Sections, apply to this section.

1.2 SECTION INCLUDES

A. Subgrade preparation.

B. Topsoil for lawn and planting area.

1.3 SUMMARY

A. Related Work in other sections of these specifications includes, but is not limited to: 1. Section 02810 – Irrigation System 2. Section 02920 – Sod

1.4 REFERENCES

A. ASTM D 1557: Method for Laboratory Compaction Characteristics of Soil using Modified Effort.

1.5 DEFINITIONS

A. Percent Compaction: The required in-place dry density of the material, expressed as a percentage of the maximum dry density of the same material determined by ASTM D1557-78 test procedure.

B. Soil Subgrade: The soil surface on which compost material is placed.

C. Finished Grades: The final grade elevations indicated on the Grading Drawings.

D. Aesthetic Acceptance of Grades: Acceptance by the Owner's Representative in writing of the Aesthetic Correctness of the contours as observed without a survey instrument. Aesthetic Acceptance does not address whether an area drains properly, whether the areas are at the correct elevation, or whether it has been compacted properly.

E. Acceptance: Wherever the terms "acceptance" or "accepted" are used herein, they mean acceptance of Owner's Representative in writing.

F. Grading Drawings: Plans, sections, and profiles showing finished surface grades.

G. Elements with Fixed Elevations: Paths, paving, footings, seat walls, and other structures with fixed-spot elevations.

SOIL MIXES AND PLACEMENT 02910-1 © Bruce Dees & Associates 2019 000265 Koinonia Park Improvements Soil Mixes and Placement May 23, 2019 Bid Set Section 02910

1.6 SUBMITTALS

A. Submit product data and one-gallon sample of Type I and Type II Topsoil material. Submit in accordance with Section 01330.

1.7 SITE CONDITIONS

A. Environmental Protection: 1. Soil Moisture Content: Do not work soil when moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form in air or that clods will not break readily.

PART 2 - PRODUCTS

2.1 TOPSOIL

A. Three-Way Mix Description: 1. Imported soil shall be a mixture of compost meeting requirements below, and clean sand and/or naturally occurring sandy-loam or loamy-sand soil per USDA soil texture classification. 2. Imported soil shall be a blend of 25-35% by volume compost and 65-75% by volume clean sand, loamy-sand or sandy-loam. The blend shall contain at least 5% organic matter by weight. 3. Compost shall be the result of biological degradation of Type 1 or III Feedstocks, under controlled conditions designed to promote aerobic decomposition, per WAC 173-350-220, and meet the following physical criteria. 4. Compost shall be certified in compliance with U.S. Composting Council Seal of Testing Assurance (STA) program "Fine" compost. 5. Compost shall have an organic matter content of 40% to 60% as determined by "loss on ignition" test method. Carbon to nitrogen ratio shall be less than 25:1. May be up to 35:1 for plantings composed entirely of plants native to Puget Sound lowlands region. 6. Feedstocks shall originate from local recycling collection programs.

B. Topsoil for lawn areas shall be a mixture of weed-free compost and Loamy Sand screened through a 3/8" screen. 1. Type I Topsoil for Sod 30% compost 70% Loamy sand. 2. Type II Topsoil for planting 50% compost, 60% Loamy sand.

C. Compost: Well-composted, stable, and weed-free organic matter, pH range of 5.5 soluble salt content of 5 to 10 decisiemens/m; not exceeding 0.5 percent inert contaminants and fee of substances toxic to plantings; and as follows: 1. Organic Matter Content: 50% to 60% of dry weight. 2. Feedstock: Agricultural, food, or industrial residuals; biosolids; yard trimmings; or source- separated or compostable mixed solid water.

PART 3 - EXECUTION

3.1 EXAMINATION

SOIL MIXES AND PLACEMENT 02910-2 © Bruce Dees & Associates 2019 000266 Koinonia Park Improvements Soil Mixes and Placement May 23, 2019 Bid Set Section 02910

A. Subgrade: 1. Verification: Verify that the subgrades have been graded to within one tenth of a foot of the grades shown on the grading Drawings. 2. Aesthetic Acceptance: Verify that Landscape Architect has given the subgrade aesthetic acceptance. Do not place compost material or rototill material into subgrade until Landscape Architect has accepted subgrade for aesthetic correctness. 3. Notification of Discrepancies: Notify the Landscape Architect in writing of any discrepancies.

3.2 SURVEY REQUIREMENTS

A. Lines and Levels: Establish lines and levels, locate and lay out by instrumentation and similar appropriate means for all planting area finish grades.

B. General Staking: Provide a sufficient quantity of grade stakes as required to provide the depths of compost material shown on the drawings.

3.3 PREPARATION

A. Protection of Existing Conditions: 1. General: Use every possible precaution to prevent damage to existing conditions to remain such as structures, utilities, irrigation systems, plant materials and paving on or adjacent to the site of the Work.

B. Surface Preparation: 1. Inspection: Inspect subgrade soil for stones over one inch in diameter, sticks, oils, chemicals, plaster, concrete, and other deleterious materials. 2. Removal: Do all Work when necessary to remove the deleterious materials before and after subgrade preparation.

3.4 PREPARING SUBGRADE

A. Plow with a rototiller or other approved equipment to the depth shown on the drawings. Note: This Work shall occur prior to irrigation Work.

3.5 TOPSOIL PLACEMENT

A. Place Topsoil as detailed on plans.

B. Spillage: 1. Take precautions to prevent spillage when hauling on or adjacent to any public street or highway. 2. In the event that spillage occurs, remove all spillage and sweep, wash, or otherwise clean such streets or highways as required by local City, County or State authorities.

C. Dust Control: Use water trucks or temporary irrigation and take all precautions needed to prevent a dust nuisance to adjacent public or private properties.

D. Erosion: 1. Correct erosion and siltation damage at no cost to the Owner.

SOIL MIXES AND PLACEMENT 02910-3 © Bruce Dees & Associates 2019 000267 Koinonia Park Improvements Soil Mixes and Placement May 23, 2019 Bid Set Section 02910

E. Settlement Repair: Correct settlement within the Warranty period at no cost to the Owner.

3.6 FINISH GRADING OPERATIONS

A. General: Grade with uniform slope between points where elevations are given or between such points and existing grades, unless indicated otherwise.

B. Soil Surface Tolerances: 1. Planting Areas: Bring finished soil surface to within 0.10 foot of finish grades indicated on Grading Drawings. Grade flatter areas at tighter tolerance if required to provide positive drainage. 2. Allowances: Make proper allowances for settlement, spoils from plant pits, etc.

C. Survey Requirements: 1. Lines and Levels: Establish lines and levels, locate and lay out by instrumentation and similar appropriate means all planting area finish grades. 2. Staking: Provide grade stakes and string lines at a maximum 25 foot spacing or closer as required to bring the soil surface to the grades shown on the Grading Drawings with a smooth surface and positive surface drainage.

D. Surface Drainage: 1. Slope finish grades to drain surface water away from buildings, walks, paving, and other structures unless otherwise indicated. 2. Slope finish grades to drain surface water to catch basins, area drains or trench drains as shown on the Drawings.

E. Rounded Sculptural Landforms: Blade soil surface parallel with contours to achieve smooth, rounded landforms as shown on the Grading Drawings.

F. Depressions and Loose Material: Fill and compact depressions, and remove all loose material to finish surface true to line and grade, presenting a smooth, compacted, and unyielding surface.

G. Excessive Compaction: Rip areas which become compacted more than 85 percent compaction to a 12- inch depth, rototill and blade smooth, prior to planting.

3.7 PROTECTION

A. Erosion: Correct erosion and siltation damage at no cost to the Owner.

B. Settlement Repair: Correct settlement within the Warranty period at no cost to the Owner.

C. Drainage: Keep surface of compost and topsoil material in such condition that it will drain readily and effectively.

D. Materials, Tools, and Equipment: In handling materials and operating tools and equipment, protect the compost material from damage by laying down planks, plywood, or other accepted protective materials where required.

E. Vehicular Traffic: Do not allow vehicles to travel in a single track. If ruts are formed, blade smooth.

F. Storage of Materials: Do not store or stockpile materials on owner provided compost material. Compost material to be covered with plastic tarpaulins for protection from leaching. SOIL MIXES AND PLACEMENT 02910-4 © Bruce Dees & Associates 2019 000268 Koinonia Park Improvements Soil Mixes and Placement May 23, 2019 Bid Set Section 02910

3.8 CLEANUP

A. Daily: Keep all areas of Work clean, neat, and orderly at all times.

B. Final: Clean up and remove all deleterious materials and debris from the entire Work area prior to Final Completion.

END OF SECTION 02910

SOIL MIXES AND PLACEMENT 02910-5 © Bruce Dees & Associates 2019 000269 Koinonia Park Improvements Sod May 23, 2019 Bid Set Section 02920

SECTION 02920 – SOD

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Basics: Drawings and General Terms and Conditions 00 07 00 of Contract, including Supplemental Conditions 00 07 10 of the Contract and other Division-1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes the following: 1. Sodding

B. Related Sections include the following: 1. Section 02810 – Irrigation System 2. Section 02300 – Earthwork 3. Section 02910 – Soil Mixes & Placement

1.3 DEFINITIONS

A. Finish Grade: Elevation of finished surface of soil.

1.4 QUALITY ASSURANCE

A. Installer Qualifications: A qualified landscape installer whose work has resulted in successful lawn establishment. 1. Installer’s Field Supervision: Require Installer to maintain an experienced full-time supervisor on project site when planting is in progress.

B. Preinstallation Conference: Conduct a conference at project site to comply with requirements in Division 1.

1.5 SUBMITTALS

A. Seed Analysis: A complete analysis of the sod seed mix shall be submitted by the Contractor. The analysis shall include: varieties, percentage of pure seed.

B. Fertilizer Certification: Submit duplicate copies of all invoices for all fertilizer showing the grade furnished.

PART 2 - PRODUCTS

2.1 SOD

A. Sod shall be from one of the following sources, or approved equal: 1. Perfect Green Sod from Country Green Turf (360-207-1848): Blend: 20% Kentucky Bluegrass / 60% Perennial Ryegrass / 20% Hard Fescue 2. JB Pacific Northwest Sod from JB Instant Lawn (425) 821-0444: Blend: 34% Insight Spreading Perennial Ryegrass / 33% Stellar 3GL/Fastball RGL / 33% Grandslam GLD

2.2 SOD GROWING MEDIUM

A. 2.2.1 Growing Medium: Sod shall be grown on a medium with the following composition:

Sand 65% Organic Matter 5-6% Silt 30% Ph 7 Clay 5%

B. Sod shall be harvested in 50'-long, 42"-wide rolls and be pre aerated.

C. Sod shall contain no more than 1% other grasses, none of which is coarse or of undesirable variety.

D. Sod shall be free of weeds, pests, and diseases.

E. Contains no more than 1% Poa Anna (annual bluegrass).

F. Not less than 10 months old and not more than 14 months old, healthy and with a dense, vigorous, well- developed root structure.

G. Cut from fields no more than 24-hours before delivery to job site.

H. Sod shall be harvested infield with ½" to ¾" thick soil layer.

I. Sod shall be delivered to the project site pre-aerated within a week before harvesting.

2.3 FERTILIZER

A. For Incorporation with Sodding: 1. Initial Application and After the First Mowing: a. Use a 16-16-16 (NPK) fertilizer with the following characteristics: b. 50% of the nitrogen shall be derived from 38% urea formaldehyde. c. Potash shall be derived from sulfate of potash.

B. Preparation for Delivery: Fertilizer shall be packaged in new, waterproof, fifty pound (50 lb) bags, clearly labeled as to weight, manufacturer, and content. 1. Fertilizer shall be retained by Taylor standard sieves as follows: a. No. 4 sieve retains 0% b. No. 20 sieve retains 65% c. No. 80 sieve retains 95% SOD 02920-2 © Bruce Dees & Associates 2019 000271 Koinonia Park Improvements Sod May 23, 2019 Bid Set Section 02920

PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine areas to receive sod for compliance with requirements and other conditions affecting performance. Verify finish subgrade is correct before beginning work. Irrigation system must be operational prior to sodding. Proceed with installation only after unsatisfactory conditions have been corrected.

3.2 PREPARATION

A. Protect structures, utilities, sidewalks, pavements, and other facilities, trees, shrubs, and plantings from damage caused by planting operations.

3.3 PRE-PLANTING FERTILIZER

A. Apply pre-planting fertilizer 16-16-16 at the following rate: 1. Pre Planting Fertilizer: 15 lbs. per 1,000 sf.

3.4 SODDING

A. Restore finish grade by dragging finish grades shall be plus or minus .05 of one foot (1/2”). Finish grade in a moist condition.

B. Lay sod within 24-hours of delivery to job site.

C. Install sod so that joints are tight and smooth on a smooth, moist, lightly compacted surface. Lay sod so that long edges are parallel to contours and perpendicular to slope. Alternate joints in running bond fashion.

D. Roll sod to provide uniform surface.

E. Adjust grade irregularities as required. Irregularities of ¼-inch will be maximum acceptable tolerance.

F. Begin irrigation immediately following sod replacement.

3.5 MOWING

A. Grass shall be mowed a minimum of one time before acceptance. The first mowing shall occur when the grass first reaches two inches (2") in height and then be mowed to a height of one and one-quarter inches (1 ¼"). Mowing shall continue on a weekly basis thereafter until all the sod is accepted by the Owner's Representative.

3.6 MAINTENANCE

A. The maintenance of sod shall include watering, weed treatment, edging and mowing. Maintenance shall continue until the project is accepted.

3.7 INSPECTION

A. After completion of all sodding, and the first mowing, the Owner's Representative will review the sod areas for adequacy. Areas not showing a uniform stand of grass, or areas damaged though any other cause prior to this inspection shall be resodded as herein specified at the Contractor’s expense. “Uniform stand of grass” is defined as a complete cover of lush, thriving, green grass with no bare spots.

3.8 CLEANUP AND PROTECTION

A. Promptly remove soil and debris created by sod work from paved areas. Clean wheels of vehicles before leaving site to avoid tracking soil onto roads, walks, or other paved areas.

END OF SECTION 02920

SECTION 02930 – PLANTING

PART 1 - GENERAL

1.1 RELATED DOCUMENTS

A. Drawings and General Terms and Conditions 00 07 00 of the Contract, including Supplemental Conditions 00 07 10 and Division 1 Specification Sections, apply to this Section.

1.2 SUMMARY

A. This Section includes:

1. Installing plant material as shown on the Drawings. 2. Installing fertilizer, mulch, and tree stakes.

1.3 RELATED SECTIONS

A. Coordinate related work and requirements specified in other parts of the Contract Documents, including but not limited to the following:

1. Section 02810 – Irrigation System 2. Section 02910 – Soil Mixes & Placement

1.4 REFERENCES

A. Refer to the following standards:

1. WSDA Washington State Department of Agriculture - Rules Relating to Standards for Nursery Stock. 2. American Standard for Nursery Stock, ANSI Z60.1-1990. 3. Hortus Third, Cornell University.

1.5 DEFINITIONS

A. Balled and Burlapped Stock: Exterior plants dug with firm, natural balls of earth in which they are grown, with ball size not less than sizes indicated or diameter and depth recommended by ANSI Z60.1 for type and size of tree or shrub required; wrapped, tied, rigidly supported, and drum-laced as recommended by ANSI Z60.1.

B. Container Grown Plant: Exterior plants grown and marketed in a container which generally prevents the growth of roots beyond its side walls or bottom, with a fully developed root system which holds the root ball together when the container is removed. Container and plant sizes shall not be less than sizes indicated or diameter and depth recommended by ANSI Z60.1 for type and size of shrub required.

C. Finish Grade: Elevation of finished surface of planting soil. PLANTING 02930-1 © Bruce Dees & Associates 2019 000274 Koinonia Park Improvements Planting May 23, 2019 Bid Set Section 02930

D. Manufactured Topsoil: Soil produced off-site by homogeneously blending mineral soils or sand with stabilized organic soil amendments to produce topsoil or planting soil.

E. Subgrade: Surface or elevation of subsoil remaining after completing excavation, or top surface of a fill or backfill, before placing planting soil.

1.6 SYSTEM DESCRIPTION

A. Materials, equipment, and labor for planting; reestablishing finish grading of planting areas following planting; protection and immediate maintenance; guarantee and replacement; and related items necessary to complete the work indicated.

B. Quantities: Determine exact amounts from Drawings.

1.7 SUBMITTALS

A. Submit in accordance with Section 01330.

B. Submit the following:

1. Notification: Within 30 days after the award of Contract, submit documentation that plant materials have been ordered, purchase order number, and sample of each plant species.

C. Product Data:

1. Mulch 2. Staking Materials 3. Compost

D. Submit Maintenance Data. Include special directions essential for Owner's maintenance program during guarantee/warranty period. Include duplicate copies for landscaping maintenance personnel use during maintenance period.

E. Warrantees:

1. Plant Material Warranty: Written Warranty on Contractor's letterhead.

F. Maintenance Data:

1. Submit Maintenance Data as specified in Section 01770. Include special directions essential for Owner's maintenance program during guarantee/warranty period. Include duplicate copies for landscaping maintenance personnel use during maintenance period.

G. Samples:

1. Mulch – ½ cubic foot.

PLANTING 02930-2 © Bruce Dees & Associates 2019 000275 Koinonia Park Improvements Planting May 23, 2019 Bid Set Section 02930

1.8 QUALITY ASSURANCE

A. Supplier, installer qualifications: Contractor to have at least five years' experience performing comparable work.

B. Pre-Installation Meeting:

1. All plants shall be reviewed by the Owner's Representative on site prior to planting. 2. Stake all tree locations for approval prior to excavating pits. 3. Plant two (2) trees and stake in the presence of the Owner's Representative prior to planting all other trees.

1.9 DELIVERY, STORAGE, AND HANDLING

A. Products Excluding Plant Materials:

1. Labeling: Furnish standard products in unopened manufacturer's standard containers bearing original labels showing quantity, analysis and name of manufacturer. 2. Storage: Store materials and products with protection from weather or other conditions which would damage or impair their effectiveness.

B. Acceptance of Contractor-Procured Plant Materials:

1. Owner acceptance of Plant Materials at Delivery: Owner's Representative to review plant materials upon delivery to verify that plants are undamaged, healthy and satisfactory for which to provide the Warranty requirements described in these Specifications. 2. Unsatisfactory Conditions: Contractor to notify Owner's Representative immediately if unsatisfactory conditions are found that will not allow the plants to be warranted as described in these Specifications. 3. Acceptance of Warranty Responsibility: The Contractor, by accepting delivery of plant material, without providing written notification of unsatisfactory conditions, assumes Warranty responsibilities for the plant material as described in these specifications. 4. Unloading: The Contractor has responsibility for removing plant material from delivery vehicle. 5. Protection Prior to Installation: Protect from sun and drying winds from delivery until planted in final location on site. Heel-in all rootballs if not planted the same day as delivered. 6. Proper Plant Handling: Handle and protect plants, roots, rootballs, and new buds to prevent plant injuries. Pickup all plants from the rootball or container, not the trunk. 7. Unsatisfactory Materials: Immediately remove unsatisfactory materials from site. 8. Verification of Species: All plant material shall be delivered with tags or labels identifying species and variety (as applicable). Incorrect species shall be removed from the site immediately. 9. Plant Tags: Do not remove yellow, plastic lock-seal tags with serial numbers until end of Warranty period.

1.10 PROJECT SITE CONDITIONS

A. Environmental Requirements: Plant during periods normal for optimum growth, as determined by season, weather conditions, and accepted practice. Contractor may conduct planting operations under unseasonable conditions, without additional compensation, by accepting full responsibility for subsequent resulting losses.

PLANTING 02930-3 © Bruce Dees & Associates 2019 000276 Koinonia Park Improvements Planting May 23, 2019 Bid Set Section 02930

B. Underground Conditions:

1. Locate utility lines and underground obstructions to avoid damage during excavation. 2. Contractor shall repair and replace damaged buildings, equipment, underground utilities, irrigation equipment, paving, surfacing, stairs, and other work damaged as a result of Contractor's operations. 3. Locate and clearly mark irrigation pipe, wire, valves, and other underground equipment.

1.11 SEQUENCING AND SCHEDULING

A. Coordinate ordering of materials with Owner immediately following General Contract award. Ensure that specified sizes and quantities are furnished.

B. Planting Schedule: Contractor is responsible for using good horticultural practices and judgment regarding timing of planting.

1.12 WARRANTY

A. Warranty Period for this work is as stated in General Conditions and begins at Owner acceptance. Warranty period for all plant material shall be one year from date of Owner acceptance.

1. Guarantee replacement: Acceptance of sample plants does not constitute acceptance of all plants. Final acceptance of plants shall occur at Owner acceptance of the completed project.

a. Plant materials: Warrant to be healthy and thriving. b. Remove and replace immediately during the Guarantee Period: Dead, diseased, dying, broken, or missing plant materials (except as noted below). Use specified plant and plant as specified; guarantee until acceptable, active, healthy growth is evident. c. Contractor's responsibility: During Guarantee Period, you are not held responsible for replacing plants destroyed or damaged by vandalism, accidents caused by vehicle (other than yours), or Acts of God, provided that you have exercised due care to protect the work. d. When required replacement time falls during non-planting season, you may request Owner's permission to defer planting until proper season. If granted, immediately remove dead plants, including roots, from site. e. Backfill pits properly with topsoil. Finish grade and leave in acceptable condition until proper planting season occurs. Replace with plants of same kind and size as those originally planted. Plant as originally specified.

1.13 MAINTENANCE

A. The maintenance period shall continue until final acceptance. At a minimum, maintenance shall include: watering, weed and pest control, and temporary barriers as required to insure healthy, thriving plant growth.

PART 2 - PRODUCTS

2.1 MATERIAL - GENERAL

A. Comply with Quality Assurance provisions, references, specifications, and manufacturer's data. PLANTING 02930-4 © Bruce Dees & Associates 2019 000277 Koinonia Park Improvements Planting May 23, 2019 Bid Set Section 02930

2.2 PLANT MATERIALS

A. Meet or exceed following reference standards for quality, size, and condition:

1. WSDA Rules Related to Standards for Nursery Stock. 2. ANSI Z60.1-2004: Nursery Stock. 3. American Joint Committee of Horticultural Nomenclature: Standardized Plant Names.

B. Plant abbreviations (see Drawings for complete plant list): B&B Balled and burlapped S Small BR Bare root M Medium br Branches L Large cal Caliper EXL Extra large cont Container NCN No common name dia Diameter oc On center gal Gallon tri-spaced Triangular spaced

2.3 PLANTING SOIL

A. Tree and Shrub Pits: Backfill for tree and shrub pits shall be approved topsoil.

2.4 TREE STAKING & GUYING MATERIALS

1. Stakes: Douglas fir with pointed end.

2.5 MULCH

A. Pacific Garden Mulch: Recycled dard composed yard and garden waste that is high in fertile nutrients and processed through a ½" screen. Available through Pacific Topsoils Inc., (425) 337-2700 or approved equal.

2.6 ROOT BARRIER

A. Not used.

PART 3 - EXECUTION

3.1 PRE-PLANTING INSPECTION

A. General: Verify installation conditions as satisfactory to receive work of this section. Do not install until unsatisfactory conditions are corrected. Beginning work constitutes Contractor's acceptance of conditions as satisfactory.

B. Contaminants:

1. Verify existing soil conditions for contaminants that may have been discarded by other trades, such as thinner and plaster. PLANTING 02930-5 © Bruce Dees & Associates 2019 000278 Koinonia Park Improvements Planting May 23, 2019 Bid Set Section 02930

2. Report findings in writing immediately to Owner's Representative before placing topsoil.

C. Adverse Drainage Conditions: Notify Owner's Representative in writing of adverse drainage conditions affecting plant growth.

3.2 PREPARATION

A. Field Measurements:

1. Verify actual plant layout in relation to Drawings: Make adjustments as required by Owner's Representative. 2. In shrub planting areas, follow specified distances on center rather than estimated number of plants, be it a larger or smaller quantity.

B. Plant Locations:

1. Stake all tree locations with three-foot wood stakes for acceptance by Owner's Representative. 2. Make required field adjustments as directed by Owner's Representative. 3. Shrubs may be staked out by boundary rather than individual plants. 4. Avoid obstructions such as irrigation equipment.

C. Protect the public, adjacent properties, surfaces, and surrounding areas to prevent harm during Work of this Section.

3.3 INSTALLATION

A. Install the Work in accordance with References and specifications.

3.4 FINISH GRADING

A. Finish subgrade and obtain approval of Owner's Representative before you start planting or place any soil. Finish subgrade shall be smooth and conform to the final finish grade after soil placement. Allow for added soil in individual plantings as specified.

3.5 PLANTING

A. Preparation:

1. Before planting, soak dry rootballs. 2. Prune broken roots 1/2 inch or greater in diameter. Make clean cuts. 3. Plant when plant materials are available and weather conditions are consistent with good horticultural practice.

B. Plant Pits:

1. Dig plant pits and plant according to details. Waste excess pit spoils evenly over subgrade. 2. If you encounter clay soil or unusual conditions likely to be detrimental to new plantings, notify Owner's Representative immediately. PLANTING 02930-6 © Bruce Dees & Associates 2019 000279 Koinonia Park Improvements Planting May 23, 2019 Bid Set Section 02930

3. Remove unsuitable material excavated from plant holes and dispose of it legally off project site. 4. Install plants with POSITIVE drainage away from rootball, unless otherwise noted.

C. Planting:

1. Hold plant in center of hole, approximately 2 inches above normal growing position and backfill with soil approximately halfway. 2. Backfill to within 5 inches of finish grade; fill hole with water and allow to settle. 3. Backfill to finish grade with specified planting soil. 4. Raise plants settling below finish grade to correct elevation.

D. Plant Tags:

1. Remove and dispose of nursery labels, tags and stakes. 2. Do not remove yellow, plastic lock-seals with serial numbers until end of Warranty period.

3.6 TREE STAKING

A. Stake as shown on Drawings.

1. Tying Tree to Stakes: a. Hold trunk in one hand, pull top to one side and release. Height at which trunk will snap back to upright is Base Height. b. Attach tree ties to trunk 6 inches above Base Height. c. Install "Arbortie" per manufacturer's instructions. d. Cut off any remaining stake 2 inches above upper tree tie.

3.7 MULCHING

A. Before installing mulch, obtain acceptance of the Owner's Representative of planting areas, grades, soil depths, and plant locations.

B. Install mulch layer under all trees, shrubs, ferns and groundcover to the limits and depths as shown on the Drawings.

C. Install uniform mulch layer material to the depths shown on the Drawings over cleaned and graded subsurface.

D. At plant trunks and stems, taper mulch back from root ball crown so mulch does not touch bark.

3.8 FINAL INSPECTION

A. Remove defective materials; in their place, install new materials, as specified. Furnish in same variety and current size of existing healthy plant materials, subject to 1-year guarantee beginning at the date of new installation. Remove any weeds.

3.9 CLEANING

PLANTING 02930-7 © Bruce Dees & Associates 2019 000280 Koinonia Park Improvements Planting May 23, 2019 Bid Set Section 02930

A. Sweep paving clean. Leave installations properly planted, clean, and orderly; premises free from scatterings and other residue of work. Leave site neat and clean at end of each working day. 1. Remove and dispose on site such items as excess earth, clippings, trimmings, leaves, litter, and debris. 2. Rake planting areas to an even, fine grade. Wash hard surfaces clean. 3. Remove flag labels from plantings.

3.10 PROTECTION OF COMPLETED WORK

A. Install barriers as necessary and required to protect the work during Guarantee Period, or for shorter period as directed.

3.11 PLANT ESTABLISHMENT

A. Contactor to provide water to maintain plants in non-irrigated areas.

B. Contractor to remove tree stakes after 1 year in place.

END OF SECTION 02930

PLANTING 02930-8 © Bruce Dees & Associates 2019 000281 Koinonia Park Improvements CDBG Project Number #C17513 Addendum #1

Date of Issue: June 20, 2019 Revised Date of Opening: July 2nd, 2019

Notice to All Planholders:

This Addendum #1, containing the following revisions, additions, deletions and/or clarifications is hereby made part of the Plan and Contract Documents for the above-named project. Bidders shall take this Addendum into consideration when preparing and submitting their bids and it shall be attached to the Contract Documents. Failure to acknowledge this Addendum may be cause for your bid package to be disqualified.

CONTRACT DOCUMENTS – General Wage Decision

1.REPLACE the existing Genreal Wage Decision WA180095 from Section 00 07 10 with the attached GENERAL WAGE DECISION WA20190070 06/14/2019.

CONTRACT DOCUMENTS – Bid Opening Date

1. REPLACE the existing Bid Opening Date of June 25th, 2019 with Revised bid opening date of July 2nd, 2019

000282 "General Decision Number: WA20190070 06/14/2019

Superseded General Decision Number: WA20180095

State: Washington

Construction Type: Heavy including water and sewer line construction

County: King County in Washington.

HEAVY CONSTRUCTION PROJECTS (including sewer/water construction).

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis- Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

000283 Modification Number Publication Date 0 01/04/2019 1 02/15/2019 2 05/03/2019 3 06/14/2019

ASBE0007-001 01/01/2019

Rates Fringes

ASBESTOS WORKER/HEAT & FROST INSULATOR (Pipe and Duct Insulation) ...... $ 53.62 15.87

CARP0770-030 06/01/2018

Rates Fringes

CARPENTER (Including Formwork) $ 43.92 16.12 MILLWRIGHT ...... $ 45.42 16.12 PILEDRIVERMAN ...... $ 44.17 16.12

(HOURLY ZONE PAY: WESTERN AND CENTRAL WASHINGTON - ALL CLASSIFICATIONS EXCEPT MILLWRIGHTS AND PILEDRIVERS

Hourly Zone Pay shall be paid on jobs located outside of the free zone computed from the city center of the following listed cities:

Seattle Olympia Bellingham Auburn Bremerton Anacortes Renton Shelton Yakima Aberdeen-Hoquiam Tacoma Wenatchee Ellensburg Everett Port Angeles Centralia Mount Vernon Sunnyside Chelan Pt. Townsend

Zone Pay: 0 -25 radius miles Free 26-35 radius miles $1.00/hour 36-45 radius miles $1.15/hour 46-55 radius miles $1.35/hour Over 55 radius miles $1.55/hour

000284 https://beta.sam.gov/wage-determination/WA20190070/3/document (HOURLY ZONE PAY: WESTERN AND CENTRAL WASHINGTON - MILLWRIGHT AND PILEDRIVER ONLY)

Hourly Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center

Zone Pay: 0 -25 radius miles Free 26-45 radius miles $ .70/hour Over 45 radius miles $1.50/hour

ELEC0046-006 02/04/2019

Rates Fringes

ELECTRICIAN...... $ 53.49 22.31

ELEC0077-001 02/01/2018

Rates Fringes

Line Construction: LINEMEN ...... $ 51.73 1%+17.50

ENGI0302-026 06/01/2018

Rates Fringes

Power equipment operators: Group 1A ...... $ 44.44 19.97 Group 1AA ...... $ 45.09 19.97 Group 1AAA ...... $ 45.73 19.97 Group 1...... $ 43.79 19.97 Group 2...... $ 43.23 19.97 Group 3...... $ 42.74 19.97 Group 4...... $ 40.01 19.97

Zone Differential (Add to Zone 1 rates): Zone 2 (26-45 radius miles) - $1.00 Zone 3 (Over 45 radius miles) - $1.30

BASEPOINTS: Aberdeen, Bellingham, Bremerton, Everett, Kent, Mount Vernon, Port Angeles, Port Townsend, Seattle,

000285 Shelton, Wenatchee, Yakima

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1AAA - Cranes-over 300 tons, or 300 ft of boom (including jib with attachments)

GROUP 1AA - Cranes 200 to 300 tons, or 250 ft of boom (including jib with attachments);Tower crane over 175 ft in height, base to boom; Excavator/Trackhoe: Over 90 metric tons

GROUP 3 - Cranes-thru 19 tons with attachments;A-frame crane over 10 tons; Dozers- D-9 and under; Motor patrol grader-nonfinishing; Roller-Plant Mix; Crane Oiler under 100 tons; Excavator/Trackhoe: under 15 metric tons; Service Oiler; Conveyors; Backhoe 75 hp and under; Boom Truck over 10 tons

GROUP 4 - Cranes-A frame-10 tons and under; Roller-other than plant mix; Rigger/Bellman; Grade Checker; Drill Assistant;

000286 Boom Truck 10 tons and under

IRON0086-010 07/01/2018

Rates Fringes

IRONWORKER (Reinforcing, Structural and Ornamental) .....$ 40.81 28.22

LABO0242-004 06/01/2018

Rates Fringes

Laborers: GROUP 2 ...... $ 29.83 11.49 GROUP 3 ...... $ 37.27 11.49 GROUP 4 ...... $ 38.19 11.49 GROUP 5 ...... $ 38.80 11.49

ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES): ZONE 2 - $1.00 ZONE 3 - $1.30

BASE POINTS: BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT. TOWNSEND, PT. ANGELES, AND BREMERTON

LABORERS CLASSIFICATIONS

GROUP 2: Flagman

GROUP 3: General Laborer; Mason Tender-Cement/Concrete; Form Stripping;Sign Erector/Installer

GROUP 4: Grade Checker; Pipe Layer; Handheld Drill; High Scaler; Jackhammer

000287 GROUP 5: Mason Tender-Brick

PAIN0005-008 07/01/2018

Rates Fringes

PAINTER (Brush, Roller and Spray)...... $ 22.94 11.61

* PLAS0528-004 06/01/2019

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 44.43 18.04

PLUM0032-011 01/01/2019

Rates Fringes

Plumbers and Pipefitters ...... $ 60.46 24.63

* TEAM0174-003 01/01/2018

Rates Fringes

Truck drivers: ZONE A: GROUP 1: ...... $ 35.63 18.67 GROUP 2: ...... $ 34.79 18.67

ZONE B (25-45 miles from center of listed cities*): Add $.70 per hour to Zone A rates. ZONE C (over 45 miles from centr of listed cities*): Add $1.00 per hour to Zone A rates.

*Zone pay will be calculated from the city center of the following listed cities:

BELLINGHAMCENTRALIARAYMONDOLYMPIA EVERETT SHELTON ANACORTES BELLEVUE SEATTLE PORT ANGELES MT. VERNON KENT TACOMA PORT TOWNSEND ABERDEEN BREMERTON

000288 TRUCK DRIVERS CLASSIFICATIONS

GROUP 2 - Dump trucks, side, end and bottom dump, including semi-trucks and trains or combinations thereof with less than 16 yards capacity; Water Truck- less than 3,000 gallons

HAZMAT PROJECTS

Anyone working on a HAZMAT job, where HAZMAT certification is required, shall be compensated as a premium, in addition to the classification working in as follows: LEVEL C: +$.25 per hour - This level uses an air purifying respirator or additional protective clothing. LEVEL B: +$.50 per hour - Uses same respirator protection as Level A. Supplied air line is provided in conjunction with a chemical ""splash suit."" LEVEL A: +$.75 per hour - This level utilizes a fully-encapsulated suit with a self-contained breathing apparatus or a supplied air line.

SUWA2009-061 08/07/2009

Rates Fringes

LABORER: Landscape & Irrigation...... $ 8.77 1.80

OPERATOR: Asphalt Plant ...... $ 34.14 0.68

OPERATOR: Bobcat/Skid Steer/Skid Loader...... $ 10.63 0.00

OPERATOR: Broom/Sweeper ...... $ 30.39 3.77

OPERATOR: Forklift ...... $ 28.03 7.28

000289 OPERATOR: Power Shovel ...... $ 25.12 7.83

TRUCK DRIVER: Flatbed Truck $ 22.74 6.29

TRUCK DRIVER: Lowboy Truck .. $ 22.89 5.72

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

======

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

000290 rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

000291 Union Average Rate Identifiers

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

000292 Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

2. If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

3. If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

4. All decisions by the Administrative Review Board are final.

======

END OF GENERAL DECISION"

000293 000294 000295 000296 000297 000298 000299 000300 000301 000302 000303 000304 000305 000306 000307 000308

Koinonia Park Reference Maps

000309

000310