ADDENDUM 3.1

SECTION 00 73 00

SPECIAL CONDITIONS

ADDENDUM 3.1

TABLE OF CONTENTS

Note: Special Conditions SC-1.01 through SC-11.04 are numbered to correspond to the General Conditions.

SC-1.01 DEFINITIONS ...... 3

SC-2.04 CONTRACTOR’S PROJECT MANAGEMENT AND SUPERVISION ...... 3

SC-3.02 COORDINATION WITH OTHERS ...... 4

SC-6.01 CONTRACT TIME ...... 21

SC-7.08 PERMITS, FEES, AND NOTICES ...... 36

SC-7.11 OWNERSHIP OF WORK PRODUCT ...... 38

SC-9.02 SCHEDULE OF VALUES ...... 42

SC-10.02 DELAYS ...... 44

SC-11.04 PARTNERING ...... 46

APPENDIX A KING COUNTY METRO TRACK ACCESS PERMIT PROCESS ...... 48

APPENDIX B TRACK ALLOCATION REQUEST/WORK PERMIT FORM ...... 51

APPENDIX C DOWNTOWN TUNNEL/STATION ACCESS PERMIT/WORK PERMIT REQUEST FORM ...... 53

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ADDENDUM 3.1

SC-1.01 DEFINITIONS

Supplement General Conditions Article 1.01, Definitions, with the following: AAAA. Handover: The receiving from or transfering to another contractor of a complete operational system with all related equipment, controls, accessories, meters, protections, structures, manuals and warranties. The handover will include transfer of ownership, title and continuing obligations for the system from the prior contractor to the Contractor as specified in the Contract Documents. For any appurtenances that are the property of a third party public or private utility integral to the operating system being transferred, the transferring contractor will apply to that agency to initiate the transferring of all legal and commercial obligations to the follow-on contractor. The receiving follow-on Contractor shall then be responsible for the proper maintenance and operation of the entire system including the complete removal and/or disposal of the entire system for the full term of its contract.

Replace General Conditions Article 1.01 II. “MACC Risk Contingency” with the following:

1.01 II. MACC Risk Contingency – A fixed amount specified in the GC/CM Construction Contract for use as set forth in Article 9.11 of these GC/CM General Conditions. The value of the risk contingency account was agreed upon during the MACC negotiations. The MACC Risk Contingency Account will only increase when RCW 39.10.385(9) is used to select a mechanical or electrical subcontractor and the work of that subcontractor is completed for less than the negotiated maximum allowable subcontract cost; in that case, any savings accrued will become part of the MACC Risk Contingency.

SC-2.04 CONTRACTOR’S PROJECT MANAGEMENT AND SUPERVISION Supplement General Conditions Section 2.04 paragraph D, Contractor’s Key Personnel, with the following:

Liquidated damages for the Contractor’s personnel in this Contract are as follows:

POSITION LIQUIDATED DAMAGES PER PERSON

Project Manager, General Superintendent, $50,000 Preconstruction Manager

Quality Assurance Manager, $25,000 Site Safety and Security Representative

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ADDENDUM 3.1

SC-3.02 COORDINATION WITH OTHERS

Supplement General Conditions Article 3.02, Coordination with Others, with the following:

D. This Section includes specifications for constraints on construction and coordination with:

1. Other Contracts

2. Sound Transit Link Operations

3. Local Agency Departments:

a. King County Metro

b. City of Bellevue

c. City of Seattle

d. City of Mercer Island

e. City of Redmond

f. City of Shoreline (Lynnwood Option)

g. City of Lynnwood (Lynnwood Option)

h. Public and Private Utilities

i. King County

j. Special Events

k. Washington State Department of Transportation (WSDOT)

4. Other Contractors

5. Adjacent Property Owners

6. Community Outreach and Relations

E. GENERAL 1. The Contractor shall attend meetings called by the Resident Engineer to coordinate the construction of this Contract with others. 2. The Resident Engineer will provide a list of project related contacts for coordination purposes at the Pre-Construction Meeting. The Resident Engineer will provide updates to the list if project related contacts change during the duration of the construction. 3. For street closures, notify post offices, major private delivery services and solid waste collection operators.

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ADDENDUM 3.1

4. Arrange schedule to comply with the construction and access constraints contained in the Contract Documents.

F. COORDINATION WITH OTHER SOUND TRANSIT CONTRACTS 1. The Contractor shall coordinate its Work with the following Sound Transit contracts. Dates of construction are estimates and are subject to change. All costs for coordination and working adjacent to other Sound Transit contractors shall be included in the Contractor’s bid.

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Table 1 – Other Sound Transit Contractors

Contract Description Estimated Schedule Range* Number

Northgate Link University District N140 2Q 2017 through 4Q 2019 Station

N150 Northgate Link Roosevelt Station 1Q 2017 through 3Q 2019

N160 Northgate Link Northgate Station 4Q 2016 through 4Q 2019

N180 Northgate Link Track Construction 2Q 2017 through 3Q 2019

Wheel flat and vibration monitoring U835 / N835 3Q 2019 through 4Q 2020 and detection

E130 East Link – Seattle to South Bellevue 1Q 2017 through 4Q 2020

E320 East Link – South Bellevue 4Q 2016 through 4Q 2020

E330 East Link – Tunnel 1Q 2016 through 2Q 2020

East Link - Downtown Bellevue to E335 2Q 2017 through 4Q 2020 Spring District

E340 East Link – Bel Red 1Q 2017 through 3Q 2020

East Link – SR520 to Overlake Transit E360 1Q 2017 through 1Q 2020 Center

Northgate: Q3 2020 to Q4 2020 TBD System Wide – Station Signage East Link: Q3 2021 to Q4 2021

System Wide – Fare Collection Northgate: Q1 2020 to Q4 2020 TBD Equipment East Link: Q1 2021 to Q4 2021

Lynnwood Option: Civil and station TBD TBD contract packaging TBD.

Operations and Maintenance Facility TBD Q2 2017 – Q4 2020 East

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System-wide cellular / wireless service Northgate: Q1 2020 to Q4 2020 RP0126-12 in underground facilities East Link: Q1 2021 to Q4 2021

*Date represents start of physical installation; earlier date for start of coordination with the interfacing Contractors is anticipated.

2. N140 – Northgate Link University District Station: Work Includes University District Station finishes work, including rooms, elevators/escalators, electrical, mechanical, pedestrian/bike/van/bus access and excavation, ground support and finishes. 3. N150 – Northgate Link Roosevelt Station: Work includes Roosevelt Station finishes work, including elevators/escalators, electrical, mechanical, pedestrian/bike/van/bus access and excavation, ground support and finishes. 4. N160 – Northgate Link Northgate Station and Parking Garage: Work includes guideway between Maple Leaf Portal and Northgate Station including structural and finishes work, elevators/escalators, pedestrian/bike/van/bus access, pedestrian bridge over I-5, 1050 stall parking garage, final reinstatement of landscaping, utilities, and storm water facilities. 5. N180 – Northgate Link Track Construction: Work includes track work between University of Washington Station and Northgate Station. 6. U835 / N835 – work includes wayside installation of vibration and wheel flat monitoring and detection equipment networked to head end equipment at the Operations and Maintenance System. 7. E130- I-90 Heavy Construction: Work includes junction of the East Link with the existing Central Link, including two turnouts connecting the Eastbound (EB) and Westbound (WB) tracks of East Link with the Southbound (SB) and Northbound (NB) tracks respectively of Central Link just south of the International District Station (IDS). A turn-back track will be constructed between the Central Link mainlines at the IDS, connecting the south end to both mainlines. Work includes a trackway from IDS to just east of the East Channel Bridge (ECB) connection to Contract E320 on existing WSDOT infrastructure, comprising of D2, I- 90 center roadway, fixed bridges, HMH floating bridge, Mt. Baker and Mercer Island tunnels, and Rainier and Mercer Island stations. Work also includes the seismic retrofit of certain WSDOT structures.

a. Primary Contractor Staging areas: 1) Within substantially complete station facility subject to RE approval and protection of all finishes. 2) Construction work zone 8. E320 - I-90 to : connects to Contract E130 east of the Each Channel Bridge to approximately 500 feet north of SE 4th Street, connecting to Contract E335. The trackway includes at-grade, aerial, lidded trench and cut/fill construction. Included in the contract are the South Bellevue Aerial Station, South Bellevue parking garage, and surface Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 7

ADDENDUM 3.1

parking lot. a. Primary Contractor Staging areas: 1) South Bellevue Way Park and Ride area 2) Construction work zone

9. E330 – Sequentially Excavated Mined (SEM) tunnel in downtown Bellevue starting at the south end on the south side of Main Street at approximately 112th Ave. NE, continuing north to south of NE 6th Street. The south end of the tunnel will be approximately 250 feet of Cut and Cover Structure followed by approximately 1,985 feet of SEM constructed Downtown Bellevue Tunnel. SEM construction includes the Mid-Tunnel Fan Room and Access Shaft. 10. E335 – Downtown Bellevue to Spring District: connects to Contract E320 south of SE 1st Place, along 112th Ave. SE, to the east side of 124th Avenue NE, north of NE 12th Street, connecting to Contract E340. The trackway includes at-grade, South Cut and Cover, Tunnel, North Cut and Cover, aerial, long span structure and retained cut segments. The South cut and cover and Tunnel sections will be constructed by Contract E330. Included in this Contract are the East Main Station, Station, Hospital Station and the 120th Ave. NE Station. Also includes the connection to the track leading to the Operations Maintenance Satellite Facility (OMSF) a. Primary Contractor Staging areas: 1) South portal and mid tunnel staging area (adjacent to 110th Ave NE) 2) Within substantially complete station facility subject to RE approval and protection of all finishes. 3) Construction work zone 11. E340 – connects to Contract E335 on the east side of 124th Avenue NE, undercrossing to the north side of the intersection of NE 20th Street and 124th Place NE, where it connects to contract E360. The trackway includes retained cut aerial and at-grade sections, and includes the 130th Ave. NE Station. a. Primary Contractor Staging areas: 1) Within substantially complete station facility subject to RE approval and protection of all finishes. 2) Construction work zone 12. E360 (Design/ Build): connects to Contract E340 at 136th Place NE and continues to the project end at the Overlake Transit Center. The trackway includes aerial, at-grade, and retained cut construction. Included in the contract are the and the Overlake Transit Center Station. Pedestrian /bike bridges are included at each station spanning across SR 520. a. Primary Contractor Staging areas: 1) Overlake Village Station Site at Plaza Street Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 8

ADDENDUM 3.1

2) North East corner of NE 20th ST and 136th PL NE 3) Within substantially complete station facility subject to RE approval and protection of all finishes. 4) Construction work zone 13. RP0126-12 – Under Ground Mobile Wireless Project. Installation of cell phone service equipment within tunnels and underground facilities. 14. (TBD) Lynnwood Link Extension Option: Civil and Station finishes contract packaging is yet to be determined by Sound Transit. If the option for Lynnwood systems is exercised under this contract, contractor shall coordinate with one or more interfacing civil / station contracts. 15. Operations and Maintenance Facility East (OMFE): Civil and Systems Operations Facility finishes contract will be a design build contract that includes a maintenance facility and a storage yard located at the Wye adjacent to the 120th Street Station. 16. System-wide fare collection equipment: Installation of ticket vending machines and smart card readers at all stations. 17. System-wide station signage: Installation of static and electronic customer information signage at all stations.

G. COORDINATION WITH KING COUNTY METRO (KCM) 1. The Contractor shall coordinate its work with the Resident Engineer and King County Metro Transit/King County (KCM) for all work that affects transit operations. Coordinate work impacting transit stops and operations with King County Metro Transit Route Facilities and King County Metro Construction Coordinator. 2. Coordination with King County Metro shall include: a. Accommodating buses - when the Contractor is modifying traffic patterns, a minimum 30 day notice shall be given to KCM before traffic control changes are made that will impact bus zones. b. Coordinating with KCM to permit Metro to conduct its facility modifications during construction c. KCM shall be invited to participate in weekly coordination meetings with the other Stakeholders. Report on work completed, upcoming work scheduled and all long- range work issues requiring KCM coordination. d. Temporary relocation of bus zones and restoration of permanent zones. When Work will interfere with the use of existing bus zones, and/or bus stops on the corridor, submit temporary bus zone re-locations and designs as part of the traffic control plan. e. KCM will provide and install signage and rider alert information at no cost to the Contractor. Existing bus shelters, bus stop signage, and related items will remain the property of KCM. KCM will be responsible for removal and installation of these items. f. The presence and operation of buses within the Contract limits and the presence of King County workers performing work on KCM facilities concurrent with this Contract Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 9

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shall be anticipated. Buses on the below mentioned streets and adjacent streets will be operating on a full schedule during construction. When working within limits of the project, and on adjacent streets, the Contractor shall coordinate its work with KCM. 1) Downtown Bellevue corridor, 112th Ave NE, Main St, 110th Ave NE, 110th Ave NE, NE 6th St, as well as 112th Ave SE, 116th Ave SE, NE 8th St . 2) Mercer Island Transit Facility adjacent to the 3) Overlake Transit Facility (also includes Microsoft shuttle bus) 4) Seattle in the vicinity of 1st Ave. NE and NE 100 to NE 105th and .

H. COORDINATION WITH PUGET SOUND ENERGY AND PRIVATE UTILITIES 1. Coordinate Work affecting Puget Sound Energy (PSE) and private utilities through the Resident Engineer. 2. The Contactor shall obtain the proper permits and authorization and provide a 30-day notice to PSE and private utilities prior to beginning construction that affects their infrastructure. 3. Temporary Electrical Power for Construction. The Contractor shall be responsible for all costs and shall coordinate directly with PSE for temporary electrical power requirements. 4. The Contractor shall give PSE a 90-day notice prior to the date permanent power is required to allow PSE to construct any facilities required to supply the power requested. 5. In case of an emergency, the Contractor shall provide adequate access to PSE to their facilities. 6. The Contractor will be responsible for the PSE costs for work associated with Contractor requested outages. The outage cost will be determined by PSE within two (2) weeks after PSE receives the outage request. 7. Exercise care to avoid contact with energized lines and gas utilities. Trucks, cranes, drilling rigs, backhoes, or other construction equipment shall be operated in accordance with applicable federal, state, and local regulations when adjacent to or near utilities. Contractor shall attend meetings called by the Resident Engineer to coordinate PSE operations with the Work of this Contract. 8. Temporary Construction Power: The Contractor shall be responsible for all costs and shall coordinate directly with PSE for temporary construction power requirements at all staging areas. 9. Other private utilities include Time Warner and Century Link.

I. COORDINATION WITH CITIES AND AUTHORITIES HAVING JURISDICTION (Cities of; Bellevue, Mercer Island, Redmond, Seattle, Shoreline, Lynnwood) 1. The Contractor shall attend meetings called by the Resident Engineer to coordinate with the City\ Public Works Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 10

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2. The City has jurisdiction over the streets and roadways. The Contractor shall closely coordinate its activities through the Resident Engineer. 3. Coordinate through the Resident Engineer to obtain review and approval of traffic control plans, proposed modifications to traffic signals and haul route plans. 4. Contractor shall attend meetings called by the Resident Engineer to coordinate City operations with the Work of this Contract. 5. Roadway and Lane Closures will be subject to requirements of the City in accordance with the agreement between Sound Transit and City to be negotiated. 6. Truck Hauling Restrictions: Truck hauling restrictions are to be coordinated and developed with Cities Transportation Department and WSDOT. 7. Coordination with City Development Services Coordinate activities with the City Development Services, which has jurisdiction over building permits and compliance. 8. Coordination with City Parks Department The Contractor shall coordinate its Work with the Resident Engineer and the City Parks Department to obtain approval of any necessary Park closures and restoration. 9. Coordination with Maintenance Department The Contractor shall coordinate its Work affecting water, sewer, and storm drainage utilities with the Resident Engineer and the Development Services and Maintenance Department. J. COORDINATION WITH CITY FIRE DEPARTMENTS

1. Obtain City Fire Department approval of fire systems and testing thereof. 2. Coordinate street closures, lane closures and other in-street work activities including haul routes with Fire Departments and other emergency responders.

K. COORDINATION WITH THE CITY OF SEATTLE DEPARTMENT OF TRANSPORTATION 1. Coordination with Seattle Department of Transportation Street Use Division a. The Seattle Department of Transportation (SDOT) has jurisdiction over the streets and roadways. The Contractor shall closely coordinate its activities with SDOT through the Resident Engineer. b. Coordinate through the Resident Engineer to obtain SDOT review and approval of the Tree and Plant Protection Plan, planting shop drawings, the watering plan report, traffic control plans, proposed modifications to traffic signals and haul route plans. c. If surface construction activities affect access to surrounding businesses, notice signs shall be posted at a minimum of 20 days prior to the date of construction. During construction “Businesses are Open During Construction” signs shall be posted. d. SDOT crews will be performing work on existing signal systems during the life of this Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 11

ADDENDUM 3.1

Contract. The presence of SDOT crews on or adjacent to the jobsite shall be anticipated by the Contractor. e. Contractor shall attend meetings called by the Resident Engineer to coordinate SDOT operations with the Work of this Contract. f. Traffic signals shall be countermanded only by a uniformed police officer, who is provided by the Contractor at the Contractor’s expense. g. The Contractor shall initiate the start of the closure period with approval from both SDOT and Sound Transit. The Contractor shall provide all necessary notices and signage required by SDOT for closure and for re- opening the road upon completion of the related Work. The Contractor shall provide notice to the Resident Engineer as soon as practical but no later than 30 days prior to closures. h. Obtain approval for changes to curb use and associated signing from SDOT. i. Road Closures 1) Lane closures shall be limited to non-peak traffic flow hours. Typical peak hours are from 7 to 9 AM and 4 to 6 PM. 2) Obtain prior approval for closing or partial closing of any lanes, streets, sidewalks, or bike routes, as applicable. j. Haul Routes 1) Review haul routes with SDOT’s Urban Forestry Department for needed clearance pruning of SDOT and privately-managed trees. 2) Submit to the SDOT through the Resident Engineer, the location and species of all trees requiring clearance pruning. 3) Obtain permits in accordance with SDOT requirements for clearance pruning to be performed as necessary to avoid impacts between trucks and trees along the haul route. k. Provide notification to Resident Engineer 60 days in advance of performing clearance pruning of any SDOT trees.

L. COORDINATION WITH SEATTLE CITY LIGHT (SCL) 1. Coordinate Work and work affecting Seattle City Light (SCL) utilities throughout the limits of the Contract with SCL through Resident Engineer. 2. In case of an emergency, the Contractor shall provide adequate access to SCL to their facilities. 3. Temporary Construction Power: The Contractor shall be responsible for all costs and shall coordinate directly with SCL for temporary construction power requirements at all staging areas. 4. Outages: a. SCL requires advanced notice of 30 days prior to the date for any planned distribution outage is requested. Any outage that is granted is not guaranteed and may be cancelled by SCL before or during the construction in the event of a system emergency. The emergency may be defined as any incident that would require a line

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ADDENDUM 3.1

to be re-energized on short notice. If the outage must be cancelled by SCL, the Contractor shall cease all Work or work in safe areas until the outage can be resumed. If the outage is cancelled by SCL and affects a critical path activity, Sound Transit will consider the delay a non-compensable, excusable delay. Outages requested by the Contractor that are not needed will be cancelled. b. The Contractor will pay SCL for work associated with Contractor requested outages. The outage cost will be determined by SCL within two (2) weeks after SCL receives the outage request.

5. Exercise care to avoid contact with energized lines. Trucks, cranes, drilling rigs, backhoes, or other construction equipment shall be operated in accordance with applicable federal, state, and local regulations when adjacent to or near energized tines. The Contractor shall coordinate with the Resident Engineer for SCL to supply a Safety Observer while the Contractor works near SCL facilities, structures, or equipment. This coordination with SCL shall occur during the regularly scheduled meetings. The cost of the Safety Observer will be borne by Sound Transit. 6. Contractor shall attend meetings called by the Resident Engineer to coordinate SCL operations with the Work of this Contract.

M. COORDINATION WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION 1. Prior to commencing Work within the WSDOT right of way, attend a meeting with WSDOT staff to be arranged by the Resident Engineer and perform a walk- through of the construction site within WSDOT right of way to document the existing condition of highway facilities, including bridge structures, grading, access points, drainage structures, electrical junction boxes or cabinets, fire system or other WSDOT facilities that may require protection, restoration or reconstruction. Photographs or/and video shall be made by Sound Transit of the existing conditions and a written report prepared jointly by the Contractor and the Resident Engineer at the time of the walk through. Attend a second walkthrough with WSDOT staff, arranged by the Resident Engineer, upon completion of construction Work to ensure the site and facilities / structures are restored to the pre-construction condition or better, and to the satisfaction of the Resident Engineer and WSDOT. 2. Work on WSDOT Property: Liaison with WSDOT through the Resident Engineer during all construction Work on WSDOT property. Provide access for WSDOT inspection of the Work, access to all geotechnical monitoring instrumentation, and provide WSDOT, through the Resident Engineer, all geotechnical instrumentation measurements from monitoring points on or adjacent to the WSDOT ROW, which have been collected by the Contractor. 3. WSDOT Maintenance Access: Provide WSDOT access to carry out normal inspection and maintenance of structures including for drainage, water lines and fire hydrants, electrical, and fiber optic cable facilities. WSDOT will schedule such regular inspection and maintenance activities through the Resident Engineer to minimize impacts to construction. Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 13

ADDENDUM 3.1

4. WSDOT Emergency Access: Provide WSDOT access in the event it requires emergency access to structures at the location of Sound Transit construction. 5. Approval for any lane closure or restriction on any WSDOT State Highway, or ramp proposed by the Contractor shall be obtained by the Contractor from WSDOT. The Resident Engineer shall be informed prior to the Contractor’s request to WSDOT. The Contractor shall be responsible for all fees, costs, and construction restrictions imposed by WSDOT if WSDOT concurs with a request for a lane closure or restriction in connection with other Contract Work. The Contractor shall notify the Resident Engineer in Writing 5 business days in advance of any lane closure, sidewalk closure, or both. 6. Contractor shall be responsible for Liquidated Damages for late openings of traffic lanes, as defined in these Special Conditions. 7. Provide a monthly construction schedule update to WSDOT. 8. Notify WSDOT within 3 calendar days following the completion of all Contract Work. 9. Contractor shall attend meetings called by the Resident Engineer to coordinate WSDOT’s operation with the construction of this Contract. 10. For all submittals modifying WSDOT property, provide four (4) additional copies for WSDOT use over and above the number specified. 11. Limit Work within WSDOT Right of Way to the area as indicated in the Contract Documents. The Contractor shall coordinate with the Resident Engineer and Washington State Department of Transportation (WSDOT) for all work within the WSDOT right of way. 12. The Contractor shall coordinate its work with the Resident Engineer and Washington State Department of Transportation for work on systems work on structure across Interstates and interstate ramps. 13. Any closures of interstate main line lanes, on-ramps or off-ramps, shall conform to the requirements of WSDOT in accordance with the agreement between Sound Transit and WSDOT which will be negotiated during design. 14. Prior to starting construction over an interstate, the Contractor shall submit and receive an approval from Sound Transit and WSDOT on its proposed schedule. The Contractor shall allow a minimum of 90 days for each review of the schedule. N. COORDINATION WITH SOUND TRANSIT LINK OPERATIONS 1. The Contractor shall coordinate with the Resident Engineer and Link Operations for all Work performed. 2. Comply with requirements of applicable jurisdictions regarding limitations on Work hours. 3. Work within the vicinity of the active trackway may only be performed during non- revenue hours. Non-revenue hours are between 1:30am and 4:30am Monday through Saturday and 1:30am and 5:00am Sunday. Special permission for creating a work zone outside these hours is required. All work within the operating Sound Transit Right of Way requires track access permits, see Exhibits A and B.

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4. Sound Transit may withhold issuing a permit on days requiring emergency operation work (e.g., repairs to the tracks, OCS or other components on the guide-way). 5. King County Metro (KCM) is the operator of Sound Transit’s system, including the Seattle Downtown Transit Tunnel (DSTT). In addition to the Sound Transit track access permit, work within the DSTT requires a separate permit. Obtain a Track Access Permit weekly (“Downtown Tunnel / Station Access Permit / Work Permit Request Form”) from KCM prior to commencing Work, see Exhibit C. Coordinate with KCM through the Resident Engineer. 6. Contact King County Metro Link Representative for all Work occurring within or along Sound Transit active right-of-way, Sound Transit controlled property, or Sound Transit passenger areas. 7. KCM, LINK Security, or other designated representative will provide access to non-public Work areas that are normally locked. All non-public Work areas that are normally locked must be secured by KCM or LINK Security prior to leaving the station at the end of the Work shift. 8. Each Day, prior to starting Work, and upon ending Work, call Link Central Control (LCC) and the respective Fire Department to indicate monitoring equipment if being taken out of service. The Contractor shall not take individual detection devices out of service. Upon notification of LCC by the Contractor, KCM will deactivate detection devices and will call the monitoring service company. 9. Work on electrical systems that require interruption of service to Sound Transit equipment and facilities shall be coordinated through the Resident Engineer. Planned shut-downs that will cause unacceptable service interruptions (as determined by KCM) will be required to be performed when Link light rail passenger service is not operating. 10. ROW Safety Training - Every person who performs any activity/Work on the ROW must have successfully completed the ROW Safety Training course. A qualification card will be issued and is valid for one (1) year. Requalification is the responsibility of the cardholder. Times and dates for classes are on an as needed basis. Individuals requiring this training are required to contact the KCM Rail Technical Trainer to schedule a class. Contractors will not be issued a permit until those specified for training have successfully completed the training and have a card issued. Individuals involved in activities/Work on the ROW must have their card in their possession. 11. Presence on the ROW - Activities/Work may only be performed during the time(s) and in the location(s) authorized on the permit. Workers must also adhere to any other restrictions outlined in the permit. Activities/Work being performed not identified on the permit will result in an immediate suspension of the Work and cancellation of the permit. 12. Permit Activation a. Link Central Control (LCC) has authority over all Central Link Light Rail operations, maintenance and facilities. LCC must be contacted to activate the permit before any activities/Work begins. LCC must also be contacted after the Work has been completed and all workers and equipment are clear of the ROW. LCC can be reached by telephone.

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b. Portable 2-way radio communication may be required before any activities/Work can be permitted on the ROW. Loaner radios may be available LCC. LCC is located at 1263 6th Avenue South, Seattle 98134. Radios must be returned upon completion of Work. O. COORDINATION WITH KING COUNTY METRO AND SOUND TRANSIT BUS OPERATIONS 1. The Contractor shall coordinate its work with the Resident Engineer and King County Metro Transit/King County (KCM) for all work that affects transit operations. Coordinate work impacting transit stops and operations with King County Metro Transit Route Facilities and King County Metro Construction Coordinator. 2. Coordination with King County Metro shall include: a. Accommodating buses - when the Contractor is modifying traffic patterns, a minimum 60 day notice shall be given to KCM before traffic control changes are made that will impact bus zones. b. Coordinating with KCM to permit Metro to conduct its facility modifications during construction. c. KCM participation, when appropriate, in weekly coordination meetings with the other Stakeholders. Report on work completed, upcoming work scheduled and all long- range work issues requiring KCM coordination. d. Temporary relocation of bus zones and restoration of permanent zones. When Work will interfere with the use of existing bus zones, and/or bus stops on the corridor, submit temporary bus zone re-locations and designs as part of the traffic control plan. Construct approved temporary bus zones at no additional cost to Sound Transit to the following requirements: 1) A raised landing of 6 inch curb height 2) Accessible for wheel chair lift deployment 3) Provide safe walkways to adjacent cross streets 4) Lighted for night use 5) At least 75 feet long 6) At least 9 feet wide e. KCM will provide and install signage and rider alert information at no cost to the Contractor. Existing bus shelters, bus stop signage, and related items will remain the property of KCM. KCM will be responsible for removal and installation of these items. 3. The Contractor needs to have the ability to perform Work under (or over) the energized trolley lines this may require applying for and receiving an L&I variance. Work under or over the de-energized lines shall be performed only on weekends. The Contractor shall establish their own schedule. a) King County Metro safety watch or line crew shall be present at the site at all times when the Contractor's operations will be within 10-feet of energized trolley wires such as when installing systems equipment on or near the Rainier Ave. bridge. A King County Metro line crew is required when necessary to barrier the energized trolley

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wire. Notify KCM Power Distribution headquarters at least 14 days before support Work is required. Costs charged by KCM for a safety watch or line crew required by the Contractor will be borne by the Contractor. b) Trolley lines, when energized, conduct approximately 750 volts. Trolley line height varies. Typically, trolley lines are hung at 16 to 19 feet above roadway to support locations. Lines may sag between support locations. 1) Unless otherwise provided for in the Contract, Work shall be performed while KCM Transit Trolley lines are energized. This Work may require, but not limited to, the following: a. A dedicated spotter for all Work under overhead power lines b. All equipment with the potential to encroach the allowable variance limit will be equipped with a hydraulic limiter that will limit the height of the equipment’s reach c. There will be an overhead Power Line Procedure Check list completed prior to start of Work. d. A daily pre task meeting will be held. e. A Job Hazard Analysis (JHA) will be completed with the superintendent, foreman and crew on hazards associated with proximity of the overhead power lines. As hazards arise or change, the JHA will address them. f. Other requirements as required by L&I or the Contractor. 2) The Contractor is notified that Work performed under energized KCM Transit Trolley lines shall require an approved interim variance issued from the State of Washington’s Department of Labor and Industries for (WAC) 296-155-428(20)(a). The Contractor shall submit a copy of the variance to the Resident Engineer prior to working within 10 feet of energized KCM Transit trolley lines. 3) KCM Transit trolley coaches cannot travel more than nine feet from directly below their overheard lines. Unless otherwise provided for in the Contract, Work shall be performed in such a manner so that KCM Transit coaches will be allowed to travel their normal routes without detours or disconnections from trolley lines. 4) A pre-operational meeting shall be held prior to beginning any Work within 10 feet of energized KCM Transit trolley lines. The Contractor shall hold a pre- operational meeting with the paving crew chief(s), Electrical Safety Observer, the Engineer, the Prime Contractor and any Subcontractors involved in the Work around the high voltage lines. If required by variance, a representative from the Department of Labor and Industries may attend the pre-operational meeting. 5) When required by the Department of Labor and Industries for Work near energized KCM Transit trolley lines, the Contractor shall provide an Electrical Safety Observer. The Electrical Safety Observer shall meet all requirements established by the Department of Labor and Industries. The Electrical Safety Observer shall have authorization to take prompt corrective action to eliminate any hazardous conditions that arise in working near KCM transit trolley lines. Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 17

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P. U.S. Department of Agriculture Animal and Plant Health Inspection Service (APHIS)- Wildlife Services 1. The Contractor shall comply with the Migratory Bird Treaty Act (MBTA), 16 U.S.C. Sections 701-702, 50 C.F.R. Section 10.13 and all amendments. See Section 00 73 73 Federal Requirements. 2. The Contractor shall notify the Resident Engineer and provide proposed schedules in November of the year prior to the year in which the following activities are to take place: clearing, building demolition or structure modifications. The purpose of this is so that Sound Transit can arrange for habitat surveys required for Migratory Bird Treaty Act (MBTA) compliance.

Q. COORDINATION WITH ADJACENT PROPERTY OWNERS 1. The Contactor shall work in concert with Sound Transit’s Community Outreach Department to advise each property owner of upcoming work that will have a direct impact on the property and will schedule the Work to minimize, as much as practical, these impacts. Coordination items shall include, but not be limited to: tree and plant protection, underground utility service connections, driveway reconstruction, utility disruption, water service, grounding work, demolition, landscape salvage, landscape restoration, irrigation restoration or watering plans, fencing, mail delivery and garbage collection. 2. Driveway access and pedestrian access to all properties (residences and businesses) shall be maintained at all times, unless prior written approval of the property owner is received by the Contractor and provided to the Resident engineer. If the Contractor proposes to close a driveway or pedestrian access, it is the Contractor’s responsibility to make the necessary arrangements with the property owner. The Contractor shall coordinate these arrangements with Sound Transit Community Outreach. The arrangements may include working at night, providing alternative access, or providing temporary structures. The costs of all such arrangements with the property owners shall be the sole responsibility of the Contractor. 3. Coordinate the project schedule and hours of work with the needs of local business and customers. 4. Temporary Construction Easements – Sound Transit has entered into Temporary Construction Easements (TCEs) for work in and around private property. a. Construction duration on private property is limited by a TCE to a continuous time period starting with the activation of the TCE on the property. The Contractor shall verify the duration in the TCEs for the time allowed. Complete all work within the period stated in the TCE. At the completion of the Contractor’s operation or if the Contractor will not be working within the TCE for more than 7 days, the Contractor shall provide Temporary Restoration as described below of the TCE for use by the property owner. It shall be anticipated that the Contractor will have several work operations taking place within the TCE. b. Temporary Restoration: If the preexisting use of a TCE is for vehicle parking or driveway, the Temporary Restoration shall be an all-weather surface. If the Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 18

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preexisting use of the TCE is not for vehicle parking or driveway, the slopes of the graded area shall not exceed 3H to 1V and the surface of the grading shall not contain rocks larger than 6 inches diameter, construction materials and or debris. Areas of Temporary Restoration shall be graded to provide adequate drainage of runoff and be free of ponding. The quantity of parking available in the Temporary Restoration shall match the proposed condition. All disturbed areas shall be treated in accordance with the temporary erosion and sediment control measures described in the Contract Documents. c. Final Restoration: If the preexisting use of a TCE is for lawn or landscaping, 8 inches of planting soil shall be provided similar to the corridor landscaping requirements in the Contract Documents. If the preexisting use of the TCE is an unpaved surface that is not landscaped, 2-inches of compacted mineral aggregate shall be provided. If the proposed final use of the TCE is for pavement. The requirements for restoration of each type of pavement are contained in the Contract Documents.

R. COORDINATION WITH NEIGHBORHOOD The project site may be illegally occupied by transients. At least 72 hours prior to commencing on-site work post notices at homeless service organizations, including shelters and free health clinics. At minimum, post notices at the following organizations:

Organization E-mail

The Crisis Clinic [email protected]

Downtown Emergency Service Center [email protected]

Catholic Community Services/Archdiocesan Housing [email protected] Authority

S. OTHER CONTRACTORS ADVISORY (NON-SOUND TRANSIT) Insofar as the Work will be performed in a relatively confined area, all costs for coordination and working adjacent to other contractors shall be included in the Contractor’s bid. Other contractors may include. 1. City of Bellevue Contractors for the 120th Avenue NE and 124th Avenue NE Overcrossings and NE Spring Boulevard 2. Private developers in the Spring District 3. WSDOT Contractors on I-405, I-90, and I-5. 4. City of Seattle contractors 5. Mercer Island contractors.

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6. City of Redmond contractors 7. Microsoft contractors 8. City of Shoreline contractors (Lynnwood Option) 9. City of Lynnwood contractors (Lynnwood Option) T. COORDINATION WITH COMMUNITY RELATIONS 1. Sound Transit has an established program of community outreach to neighbors, including residents, businesses, property owners and schools in proximity to the construction areas. Sound Transit community outreach has lead responsibility for providing information about construction activities that may affect them. Do not initiate contact with the public without approval from the Resident Engineer or Sound Transit community outreach staff. 2. When approached by members of the public, refer questions to Sound Transit community outreach staff. The Contractor is required to stay informed about problems and issues caused by the construction and shall communicate such problems and issues to the Resident Engineer and Sound Transit Community Outreach. Sound Transit will provide the Contractor with a supply of community outreach business cards for use when approached by the public. 3. Sound Transit community outreach shall initiate or approve all information signage and all print communications to the public. Post signs to inform the public about upcoming construction activities as requested by Sound Transit community outreach. 4. If construction activities affect the surrounding businesses, notice signs shall be posted a minimum of 20 days prior to the date of construction. During construction “Businesses are Open During Construction” signs shall be provided and posted by the Contractor. 5. Jointly contact with Sound Transit those residents, schools and business owners who might reasonably be expected to be affected by the construction and make known to them the name of the Sound Transit Representative on the worksite with responsibility for community relation. Explain to them the means by which the representative can be contacted expeditiously. 6. Designate an on-site, community relations liaison with 24-hour on-call availability for the duration of the Contract. Community relations liaison duties include: a. Assisting Sound Transit in notifying adjacent owners of upcoming work; b. Assisting Sound Transit in responding to complaints; and c. Attending public outreach meetings, as necessary - Meetings can include regular construction information meetings, quarterly open houses, media inquiries, tours, ground breaking and other milestone events. 7. The Contractor will accommodate periodic site tours for various public sector groups including the Sound Transit officials; local, state and federal officials; public interest groups; etc., which shall be arranged through and approved by the Resident Engineer. 8. The Contractor will submit for approval a plan to provide mandatory cultural awareness, anti-harassment, diversity and sensitivity training, for all employees and subcontractors working on the site more than 10 hours a week. The training must be conducted by a Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 20

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certified trainer from an accredited institution with a minimum of two years professional experience in cultural awareness, anti-harassment, diversity and sensitivity training. Refresher courses will be required for all employees on a yearly basis.

U. SPECIAL EVENTS 1. Contractor shall take additional action to minimize impacts to the public during special community events at no cost to Sound Transit. The Contractor shall not be entitled to extra payment for the impacts from any special community events on overall construction activities or schedule. Contractor is to allow for these special community events as specified in the Contract Documents in its schedule. 2. The Contractor must take all necessary measures to insure that the construction site is appropriately secured during any special community events. Additionally, the perimeter surrounding the site including sidewalks, driveways and planter strips must be free of all construction litter, debris, etc. to prior to the special events.

SC-6.01 CONTRACT TIME

Supplement General Conditions Article 6.01, Contract Time, with the following:

F. SITE ACCESS AND WORK AREA POSSESSION 1. Notice to Proceed for construction is anticipated to be issued on June 1, 2017. 2. Upon the effective date of Notice to Proceed, Contractor shall proceed with all Work for which work area possession is not required. Such work includes but is not limited to plan development, schedule development, design development, procurement and factory testing. 3. Site access and work area possession dates for the purpose of commencing construction operations, including delivery of equipment and materials and construction will be provided in writing by Sound Transit. 4. Tables 2 and 3 list anticipated site access dates to various work areas. Contractor may negotiate earlier access dates with interfacing contractors through the Coordinated Installation Plan (CIP) process. 5. Depending on progress of interfacing contractors, Sound Transit may formally advise site access and work area possession earlier than the dates listed in Tables 2 and 3. Access prior to the dates listed below is not guaranteed.

Table 2 - Northgate Link Constraints

Contract Constraint Description No Later Than N140 Basic structure completion (below grade) December 15, 2018 University Basic Structure completion (above grade) March 15, 2019 District Systems room access (below grade) March 11, 2019 Station Early power and communications conduits April 22, 2019 Systems room access (at grade) May 13, 2019 Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 21

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N140 Contractor to deliver final system interface February 23, 2019 data tables Basic structure completion (below grade) July 15, 2018 Basic Structure Completion (above grade) October 13, 2018 N150 November 14, Roosevelt Systems room access (below grade) 2018 Station Early power and communications conduits January 1, 2019

Systems room access (at grade) January 15, 2019

N150 Contractor to deliver final systems interface February 22, 2019 data tables

Table 2 - Northgate Link Constraints (Cont.)

Contract Constraint Description No Later Than Systems room access (station) March 1, 2019 North TPSS and signals bungalow access July 1, 2019 N160 Maple Leaf portal TPSS access August 30, 2019 Northgate Station Systems Access (Northgate parking garage) May 14, 2018 May 29, 2018 N160 Contractor to deliver final systems interface February 22, 2019 data tables

Coordinated installation of EMI cables - The N180 contractor will grant Contractor access to the work area for the duration of the floating slab February 14, 2018 installation activities for the purpose of installing N180 the EMI cable directly beneath the floating slabs Track Early access to University of Washington to U- Construction District Station tunnels for the purpose of September 1, 2018 performing early systems installation activities for 90 days Access to install, terminate 26kV cables from January 1, 2019 tunnel to stations electrical room and test end to

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end. Early access to the U-District to Roosevelt Station tunnels for the purpose of performing early January 1, 2019 systems installation activities for 60 days N180 contractor Handover of Northgate link October 1, 2019 tunnels to Contractor

Track access from Maple Leaf Portal to northern December 1, 2019 work limits

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Table 3 - East Link Constraints

Contract Constraint Description No Later Than Early Access to DSST for IDS Modifications. Bus operations ceased in DSST Tunnel October 1, 2019 Works to be co-ordinated with E130 Civils Contractor DSTT Single Tracking on the Southbound Track with Northbound available shutdown for IDS modifications January 46, 2020 (to EB 27+50) Works to be co-ordinated with E130 Civils Contractor From Sstart of shutdown single System Contractor has priority. Limited IDS work by E130 tracking on IDS civil contractor completeuntil Milestone 6a Seattle to Southbound Track South +4929d Bellevue DSTT Single Tracking on the Northbound Track with Southbound shutdownavailable for IDS modifications February 10, 2020 (to EB 27+50) Works to be co-ordinated with E130 Civils Contractor Start of single System Contractor has priority. Limited work by IDS tracking on civil contractor until Milestone Limited work by IDS SouthNorthbound work by civil contractor until Milestone 6b Track +63d Systems track access (East Channel Bridge station EB 382+57 to Mercer Island Station, station EB 272+00) Aug 17, 2019 and Mercer Island Station Access

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Systems track access (West of Mercer Island Station, station EB 272+00 to west entrance Mercer Island February 29, 2020 Lid station EB 229+00 (includes M&E work in Mercer Tunnel) Systems track access (West entrance Mercer Island Lid station EB 229+00 to station 27+50). Substantial January 12, 2021 completion of E130 TPSS and signal bungalow access- 30 days of access 120 days prior to to site to set structure. Final 90 days given back to handover of the E-130 to complete landscaping. given segment E320 Systems station () and track November 14, South access. 2020, 2020 Bellevue Systems room access (South Bellevue Parking November 14, 2020 Garage) TPSS and signal bungalow access November 14, 2020

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Contract Constraint Description No Later Than E335 Downtown Systems track access Bellevue Transit Center Bellevue Station, (station EB 565+36) to 124th Ave NE (station June 17, 2020 to Spring EB 631+74) District TPSS and signal bungalow access Bellevue Transit Center Station, (station EB 565+36) to 124th Ave NE June 17, 2020 (station EB 631+74) Systems track access East Main Station, (station EB 532+75) to Bellevue Transit Center Station, February 3, 2021 (station EB 565+36) TPSS, Signal, Communications and UPS bungalow access East Main Station, (station EB 532+75) to February 3, 2021 Bellevue Transit Center Station, (station EB 565+36) Systems East Main Station Access February 3, 2021 Systems track access 124th Ave NE station 631+74 to station EB 687+28 including systems station access June 25, 2020 E340 130th Ave. Station Bellevue 120 days prior to to TPSS and signal bungalow access- 30 days of access Substantial Redmond to site to set structure. Final 90 days given back to Completion of E-340 to complete landscaping. E-340 Systems track access (station EB 687+28) to E360 Overlake Transit Center Station. Includes systems SR520 to March 26, 2020 station access to Overlake Village Station and Overlake Overlake Transit Center station. Transit Systems Access (OTC parking garage) substantial Center March 26, 2020 completion OMFE Systems Access to OMFE Q4 2020 All Eastlink Deliver final systems interface data tables to March 1, 2020 Contracts Systems Contractor

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G. Descriptions of site access and interface constraints: The following conditions will exist at the specified constraint date: 1. Systems room access - The following minimum conditions will exist at the time of systems room access (same conditions apply to below grade and at/above grade rooms). a. Completion of the specified floor, ceiling and wall finishes, except for those coordinated and agreed upon with the N830 contractor, to be completed following the plant and equipment deliveries. b. Areas should be clean and dry. c. Installation of temporary or permanent doors with locks. d. Cast-in items required for use by System-Wide Contractors. e. Trenches, equipment plinths/pads, penetrations, access openings, grooves for concealed conduits, hold down anchors for use by System-Wide Contractors. f. Provide and maintain suitable and safe access route to rooms for System-Wide Contractors’ personnel. g. Permanent or temporary lighting installed and functioning to System Wide Contractor requirements. h. Testing of all cast-in lifting/pulling hooks. i. Temporary covers at all floor openings. j. Provide a surface-level staging area for exclusive use by the N830 Contractor as defined in the Contract Documents. k. Temporary power supply sub-meters and hoisting shall be available for use by the System-Wide Contractors. l. As-Built drawings required. 2. Systems station access – At systems station access the civil and station finishes elements of the work will be substantially complete. 3. Basic structure completion - The following conditions will exist at the time of basic structure completion: a. All structural work completed, including invert slab, platform structure, intermediate basement level slabs, exterior walls, station box lid, etc.; and that the area is clean and dry. All Station Box Lid openings must be temporarily protected against weather. b. Structural openings, utility ducts, cable shafts and basements completed and the area(s) clear of all obstructions and debris. c. All electrical grounding is installed and tested. d. All main interior walls completed. e. Trenches, equipment plinths/pads, penetrations, access openings, grooves for concealed conduits, hold down anchors, etc. completed. f. All embedments installed and verified. Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 27

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g. All lifting facilities installed and tested. h. Temporary openings for System-Wide Contractors shall be available. i. Temporary sump pumps and all pipe works including discharge pipe connections to surface in place. j. Falsework, formwork and other temporary obstructions shall be removed. k. Temporary power supply sub-meters and hoisting shall be available for use by the Systems Contractor. l. The trainways shall be clean, dry and verified for compliance with the Contract Documents, including construction tolerances, for turnover to the System Contractor. All conduits and raceways shall be complete with labels and pull-strings and verified with mandrel test documentation. Temporary barrier/fencing on platform to define N140/N180/N830 boundary limits. As-Built Drawings required specifically for the trainways. 4. Early power and communications conduits – Conduit and raceway runs within the station common areas shall be complete with labels and pull-strings and verified with mandrel test documentation. Work shall include the completion of conduits and raceways for the following systems. a. MVSS – Feeder conduits from Platform Level to MVSS Rooms b. Communications – Fiber Optic conduits from Platform Level to Communication Rooms 5. System Interface Data Table (SIDT) for station and tunnel automation systems will be handed over to the Systems Contractor in the format required by the Systems Contractor. The format and content of the SIDT to be used by the civil contractors is included in the Contract Documents. System interface data tables shall be delivered for the emergency ventilation system (including fire alarm control panels) and building management system (including access control). Note – systems contractor shall expect modifications to the SIDTs by the station contractors between final design and site acceptance testing (level two commissioning). Station contractor shall be responsible for the configuration management of the SIDTs. To the extent that changes to the SIDT made by station contractors between final design and site acceptance testing are reasonable and consistent with a level of change typical for this phase of integrated automation system development, the systems contractor shall not be entitled to additional time or cost associated with reasonable modifications to the SIDT made after final design. 6. Level two ventilation fan testing complete – The following conditions will exist at completion of level two fan testing by the N140 / N150 contractors: a. Tunnel emergency fans and dampers and station exhaust fans and dampers tested and commissioned on permanent power. b. Fan Damper Control Panels installed, tested and commissioned. c. Emergency Ventilation System (EVS) Programmable Logic Controllers (PLCs) installed, tested and commissioned.

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7. TPSS and Signal bungalow access a. Site access for system-wide contractor equipment delivery complete as required by contract b. All civil work including utilities, grading, paving, fencing and screening walls complete with the exception of E130 and E340. For E130 and E340, utilities, grading, paving, fencing and screening walls will be incomplete. c. Foundations, duct bank and conduit for traction power substations complete. d. If Systems Contractor requires special provisions or sequencing to allow for installation of equipment this shall be included in the CIP. 8. Systems Track Access a. Primary access and trackway suitable for hi-rail vehicle turned over to the System- wide contractor. b. Site access for System-wide contractor equipment delivery c. Sites prepared and OCS foundation work complete. d. Conduit/ductbank installed, mandrelled, pull strings installed, and open ends protected. e. In tunnels, all lighting and low voltage power distribution equipment installed and tested (permanent power distribution system may be fed from temporary construction service at the time of systems track access). f. Temporary tunnel ventilation systems as specified in the Contract Documents. 9. DSTT shutdown for IDS modifications a. Prior to DSTT shutdown for IDS modifications, Contractor may perform work in non- revenue hours subject to authorization of the work in accordance with the track access requirements detailed in the Contract Documents. From the Early Access to DSST Ddate provided bus services will no longer be using the DSST tunnel. Sound Transit will maintain a normal Link Light Rail Operation. The Contractor will progress the Works sufficiently such that Single Track operations can be implemented on the first weekend of the Single Track Shutdown period. b. Upon commencement of the DSTT shutdownsingle track access, the systems Contractor shall have shared access to the IDS tie-in area with the Civil (E130) contractor. Sound Transit will maintain a single track Link Light Rail System through IDS Station while the works are being performed. c. During the first weekend of the Single Tracking Operations on the Southbound Track the Contractor will • Implement the signaling system as described in Section 34 24 32.01 1.01 B • Will isolate the OCS over the Northbound Tracks in the IDS Station area, while maintaining a live OCS to a points South of Pioneer Station and Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 29

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North of Stadium Interlocking o South of Pioneer Station and install temporary anchors, remove feeders cut and terminate wire and o North of Stadium Interlocking at an existing overlap For the first four weeksseven weeks (249 days) of the shutdown, the civil contractor’s activities will take priority. The Contractor will integrate his Works via the CIP Process outlined in the Construction Documents. The Contractor will make a temporary termination of the OCS wire run C04 on the D2 Ramp. This wire to be replace back to the splice during final cut-over. From Day 30 to Milestone 6a the Systems Contractors Work will take priority. Any Work performed by the Civil (E130) contractor will be prior agreement so as not to interfere with the Systems Work. Will isolate the OCS over the Southbound Track in the IDS Station area, while maintaining live OCS to points South of Pioneer Station and North of Stadium Interlocking b. . d. During the first weekend of the Single Tracking Operations on the Northbound the Contractor will • Implement the signaling system as described in Section 34 24 32.01 1.01 C • Will isolate the OCS over the Southbound Track in the IDS Station area, while maintaining live OCS to points o South of Pioneer Station install temporary anchors, remove feeders cut and terminate wire South of Pioneer Station and o North of Stadium Interlocking at an existing overlap Will isolate the OCS over the Southbound Tracks, while maintaining a live OCS to a point south of Pioneer Station and north of Stadium Interlocking For the first four weeks (29 days) of the shutdown, the civil contractor’s activities will take priority. The Contractor will integrate his Works via the CIP Process outlined in the Construction Documents. From Day 64, of the start of Single Track Operations on the Southbound Track to Milestone 6b the Systems Contractors Work will take priority. Any Work performed by the Civil (E130) contractor will be by prior agreement so as not to interfere with the Systems Work. c. Exclusive access will be allocated to the Systems Contractor on the eighth week of the shutdown d. The ninth week of the shutdown will be allocated to the Contractor for the purpose of systems integrated testing. e. Contractor shall plan and coordinate construction and cutover of the IDS

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modifications with the E130 contractor through the CIP process outlined in the Contract Documents. f. In addition to the above the contractor will be allowed one twohree [23] additional weekend shutdown for the purpose of final cut in and regulation, communications cut over and signaling cutover. g. Contractor shall allow Sound Transit to tow a LRV through the work site for the purpose of travel between DSTT and OMF. One train in each direction every five days in non revenue hours.

H. Contract Milestones: The Contract Milestones stated are required to facilitate access to the Work and worksites by other contractors, minimize construction impacts to the municipalities and utilities involved with this project, to coordinate the construction sequence and to allow for Sound Transit integrated testing and pre-revenue service. Should there be conflicts or interfering requirements with the operation of the Contractor, the Contractor shall work with the Resident Engineer to minimize and mitigate the effects of this conflict or interference. However, should there still remain a conflict or interference after the best efforts of the Resident Engineer have been expended, the Resident Engineer will determine such priority as is necessary for the contractors to proceed without undue hindrance. The descriptions of the following Contract Milestones are necessarily abbreviated and shall be understood to include all Work reasonably necessary to achieve their stated intent.

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Table 4 – Contract Milestones Milestone Time for Description No. Completion N140/N150: MVSS draft design - Provide draft 1a engineering to facilitate coordination with Station September 1, 2017 Contractor for room and cable layouts N140/N150 : TPSS draft design - Provide draft 1b engineering to facilitate coordination with Station December 1, 2017 Contractor for room and cable layouts Northgate: Commission permanent power at University District Station (Contract N140) – Commission MVSS and 2 tunnel feeder cables such that redundant permanent June 26 2019 26kV feed from University of Washington station is available to the N140 contractor. Northgate: Commission Permanent power at Roosevelt 3 Station (Contract N150) – Commission MVSS such that March 13 2019 permanent 26kV feed is available to the N150 contractor.

Northgate: Limited systems completion of Northgate 4 July 30, 2018 parking garage systems August 13, 2018 Northgate: Substantial completion of Northgate Link 5 December 31 2020 systems

East Link: Substantial Completion of IDS Conversion and Trackway to reinstate the north bound train operations. Completion of the Work is inclusive of the commissioning of and achievingcompletion of all the Safety Certifiablecation Works, including documentation of March 2February 9, 6a items, within the Contractor’s scope required to reinstate 2020 north bound train operations. Work must be co-ordinated with E130 civils Contractor Substantial completion of International District Station tie-in work – Complete IDS tie-in work such that DSTT can be re-opened to revenue operations under normal operating schedules

East Link: Substantial Completion of IDS Conversion and Trackway to reinstate the south bound train operations. 6b March 15, 2020 Completion of the Work is inclusive of the commissioning and completion of all Safety Certifiable Works, including documentation, within the Contractor’s scope of and Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 32

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achieving the Safety Certification of items required to reinstate south bound train operations. Work must be co-ordinated with E130 civils Contractor

East Link: Limited systems completion of South Bellevue 7 March 13, 2021 parking garage systems (CCTV, Telephone) East Link: Limited systems completion of Overlake Transit 8 July 29, 2020 Center parking garage systems (CCTV, Telephone)

9 East link: Substantial completion of East Link Systems December 31, 2021

Northgate: Completion of limited Northgate Systems from the University of Washington to the University 10 October 15, 2020 District Station to enable dynamic LRV Electromagnetic Interference (EMI) and Vibration testing by Sound Transit. Lynnwood: Substantial completion of Lynnwood Link 11 TBD* systems** Northgate: SCADA EVS deployed to site and ready for 12 Level 3 integration test with field control system provided September 1, 2019 by station finishes contractors * Completion date for this milestone shall be established during preconstruction. ** The current estimates for the Lynnwood Link OPTION Systems construction are; NTP 4/2020; first access 4/2021; substantial completion 11/2023; and revenue service 5/2024. I. Conditions required to achieve milestones 1. Milestone 1 – Northgate: MVSS / TPSS design: Obtain Sound Transit acceptance of design of MVSS / TPSS equipment to facilitate coordination with station structure, mechanical, electrical and plumbing. design requirements are detailed in the technical specifications and include but are not limited to: a. Shop drawings detailing weight, size and orientation of all equipment at each installed location including dimensions of access openings for equipment delivery b. Seismic bracing and anchorage plan c. Raceway layout drawings d. Station fire control center ETS equipment layout and schematics 2. Milestone 2 and 3 – Northgate: Commission permanent power at stations – complete all work, testing and commissioning to deliver permanent redundant 26kV power to station 26kV / 480V transformers at the applicable underground station to facilitate testing and commissioning of station equipment systems by station contractors. 3. Milestone 4, 7 and 8 – Northgate and East Link: Limited systems completion of parking garage systems: Completion of all work, testing and commissioning necessary to satisfy Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 33

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the following minimum requirements to enable beneficial use of the parking garage by Sound Transit: a. CCTV 1) All CCTV cameras and recording equipment installed and functioning 2) Remote viewing and recording of all cameras and remote control of PTZ cameras. Remote access shall be via the ST Security office. Contractor may use communication means other than TCN to fulfill this requirement on a temporary basis until TCN is commissioned. b. Passenger emergency phones / emergency telephones 1) All PETs/ETELs installed and functioning. 2) Initiation of a call from parking garage PET/ETEL shall automatically ring at Sound Transit Security Office. c. Radio 1) All radio and associated works installed and functioning with exception to Milestone 4 where the work associated with the radio shall be complete by August 16, 2018. 4. Milestone 5 – Northgate: Substantial completion of Northgate Link systems: Completion of all Northgate Link Work, including testing and commissioning detailed in the contract documents including all tie-in work at University of Washington Station. Substantial completion of Northgate systems triggers pre-revenue operations and testing by Sound Transit. 5. Milestone 6 – East link: Substantial completion of International District Station tie-in work: Milestone 6a – East link: Substantial completion of International District Station Northbound tie-in work: Completion of the Work is inclusive of the commissioning of and achieving the Safety Certification of items required to reinstate the Nnorth bound track for bi-directional train operations, between Stadium and Pine Street Interlockings 5.6. Milestone 6b Complete IDS tie-in work such that DSTT can be re-opened to revenue operations under normal operating schedules. Work of this milestone includes but is not limited to: a. Traction electrification and Overhead catenary system, Sta. 19+00 to Sta. 27+50. 1) Central Link operational

2) Includes OCS for both tracks up the D2 ramps to station EB 27+50. This last section of OCS is to be de-energized and insulated to allow work east of this point. b. Signal system 1) Design, placement, cable connection and testing of the bungalow complete with tie-ins to Stadium and university. Bungalow shall be ready for connection to Rainier Pocket and testing of joint north-south and east-west operations.

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2) Wayside signal equipment installation in IDS necessary for north south operations on both tracks complete and tested. 3) Modifications to Stadium bungalow and University signal room complete and tested sufficient to operate the north-south line in final configuration. c. Communications systems SCADA and other communication work complete to interface with and display the new and reconfigured logic at IDS bungalow, Stadium bungalow, and University signal room. aAt the Link Control Center the current controls and indications will still be available.

d. Safety Certification. c. Safety Certification is limited to completion of all Safety Certifiable Works, including documentation, within the Contractor’s scopeCompletion of the Work is inclusive of the commissioning of, and achieving the Safety Certification of items required to reinstate south bound train operations on both tracks.

6.7. Milestone 9 – Substantial completion of East Link Systems – Completion of all East Link Work, testing and commissioning detailed in the contract documents. Substantial completion of East Link systems triggers pre-revenue operations and testing by Sound Transit. 7.8. Milestone 10 – Completion of all work and testing to commission the 26kV power distribution systems, traction power systems, overhead catenary system, train signal system, and emergency radio system from the University of Washington to the University District Station. This work will enable Sound Transit to perform dynamic LRV EMI and Vibration testing. Work of this milestone includes successful completion of field system tests and system integrated tests as defined in 01 95 00 necessary for safe LRV testing. 8.9. Milestone 11 - Substantial completion of Lynnwood Systems: (OPTION) Completion of all Lynnwood Link Work, testing and commissioning detailed in the contract documents. Substantial completion of Lynnwood Link systems triggers pre-revenue operations and testing by Sound Transit. 9.10. Milestone 12 - SCADA EVS deployed to site and ready for Level 3 integration test with field control system provided by station finishes contractors. The following prerequisite activities shall be complete: a. All SCADA EVS factory tests complete. b. Northgate EVS software update installed on back-up data center servers (or other test server as approved by Sound Transit). c. Northgate EFN configured for preliminary integration testing. This network configuration shall enable testing of Northgate Link modes without risk of interfering with the production EFN. d. All SCADA EVS site installation tests complete (based on preliminary EFN Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 35

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configuration for integration testing). J. CONSTRAINTS: The Contractor shall include in its cost and schedule compliance with all of the construction constraints contained in the Contract Documents. K. Days/Hours of Work 1. Conform to requirements of applicable jurisdictions regarding limitations on hours of work. 2. Work hours over I-405 and I-5 shall conform to the requirements of WSDOT in accordance with the agreement between Sound Transit and WSDOT to be negotiated. 3. Work on the floating bridge between the dates of October 1st and March 31st of the following year, shall be per WSDOT requirements. 4. Should the Contractor find the need to work outside of the applicable jurisdictions stated hours, the Contractor must first obtain Resident Engineer (RE) approval. The Contractor shall then obtain all necessary permits and local approvals to work outside of these hours. For approved and planned work shifts outside the established work hours, the Contractor shall give the Resident Engineer 48 hours notice. Operating rail segment – Refer to SC 3.02 M, Coordination with Sound Transit LRV Operations, for hours of work constraints on the operating rail segment. 5. Holidays: When coordinating with Sound Transit and Project Stakeholders, note that the following recognized holidays: New Year’s Day, Martin Luther King Jr.’s Birthday, Presidents’ Day (Third Monday in February), Memorial Day, Fourth of July, Labor Day, Veterans’ Day (Eleventh day of November), Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day. In the event a holiday falls on Sunday, the following day, Monday, shall be observed as such holiday. In the event a holiday falls on Saturday, the preceding day, Friday, shall be observed as such holiday. Monday holidays shall be honored in keeping with Federal law. L. Noise Constraints 1. The Contractor shall review, understand and comply with the various jurisdiction’s Noise Ordinances. Review the Ordinances with respect to the anticipated Work to ensure that the noise limitations imposed are not exceeded. 2. If construction work is anticipated to be conducted outside of the limits of the construction work area covered by the Extended Work Hours Permit and Noise Exemption and is anticipated to exceed the limits imposed by the jurisdiction’s Noise Ordinance, it is the Contractor’s obligation to obtain a Noise Exception from the jurisdiction and comply with its requirements. The Contractor shall contact the appropriate City agency for noise ordinance variance limitations and application procedures. SC-7.08 PERMITS, FEES, AND NOTICES Supplement General Conditions Article 7.08, Permits, Fees, and Notices, with the following: G. Permits/Agreements Obtained or to be Obtained by Sound Transit: Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 36

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1. General: a. Terms and conditions of the permits obtained by Sound Transit prior to bid submittal that are applicable to the Contractor are included in the Contract Documents. Copies of permits obtained by Sound Transit will be transmitted to the Contractor following NTP. b. Sound Transit has paid or will pay all permits and associated fees, including costs of agency inspections and easement costs for the permits listed in SC 7.08G2. When required by the permit and during the progress of the Work covered by the permit, the Contractor will ensure the Work is inspected by the issuing agency. 2. List of Permits: a. City of Seattle- 1) SDOT Street Improvement Permit (SIP) - An SDOT Street Use Permit (SIP) may be required for any permanent work being installed in the City of Seattle’s rights-of- way. Sound Transit will initiate and complete the SIP process through the SIP Design Guidance (DG) process with City of Seattle SDOT staff to ensure the work associated with the Seattle Bridge near the IDS station is obtained prior to NTP. 2) Shoreline Substantial Development Permit b. City of Mercer Island – Shoreline Substantial Development Permit c. City of Bellevue – Shoreline Substantial Development Permit d. WA Department of Fish and Wildlife - Hydraulic Project Approval (HPA) e. Department of Ecology – NPDES General Construction Storm water Permit f. Washington State Department of Transportation (WSDOT) - General Permit for Right- of-Way approvals H. Permits Obtained by Contractor 1. General: a. The Contractor shall be responsible to obtain and pay for all other permits not listed in SC-7.08.G.2, including but not limited to approvals with the Cities of Bellevue, Lynnwood, Shoreline, Mercer Island and Redmond. b. Prepare and submit to the proper authority, Sound Transit, and/or the utility or property owner all the information required by the authority or owner to secure the permits or easements. When required by the permit and during the progress of the Work covered by the permit, ensure the Work is inspected by the issuing agency. c. Pay all costs in connection with Contractor-obtained permits including agency inspections and easement costs. d. In the event Right-of-Way Street Use Permits are required by the local jurisdiction for temporary closure of sidewalks and/or City rights-of-way, the following will be required: 1) Prepare and submit a Construction Parking and Staging Area Management Plan,

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Temporary Erosion and Sediment Control (TESC) Plan and an Access and Haul Plan for review and approval by Sound Transit and the local jurisdiction, in accordance with requirements in Section 01 55 00, Staging, Vehicular Access and Parking, and Section 01 57 13, Temporary Erosion and Sediment Control. SC-7.11 OWNERSHIP OF WORK PRODUCT Supplement General Conditions Article 7.11 – Ownership of Work Product, with the following: In the event the services to be performed by the Contractor under this Contract include the development or delivery of a Work of authorship or any Materials which may be protectable under intellectual property laws (''Work Product"), the following terms and conditions shall apply to Sound Transit's interests in intellectual property rights:

A. General 1. Sound Transit agrees that Work Product, even that which may be specially ordered, commissioned by, and created for Sound Transit, is based on the Contractor's body of knowledge and the Contractor's proprietary information. Accordingly, Sound Transit agrees to rescind any ownership rights which Sound Transit may have pursuant to the "work for hire" doctrine in said Work Product. The Contractor hereby grants to Sound Transit, its authorized successors and assigns, a fully paid, royalty-free, non- exclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, the Work Product for Sound Transit's sole and limited purposes of (i) evaluation and qualification for the purposes of future procurements of systems, (ii) preparation of specifications for future production orders of systems employing some or all of the Licensed Technology, (iii) maintenance and repair of the systems, (iv) modification and upgrading of the systems, (v) overhaul and/or remanufacture of the systems, (vi) manufacture of parts for the systems which become unavailable for purchase, and (vii) operating, the systems purchased through this Contract. 2. The following shall constitute "unavailable for purchase" if: a. The part is no longer being manufactured; b. An inventory of the part in sufficient quantities to meet the Sound Transit's needs c. Is not available for purchase; d. No supplier will sell a part to Sound Transit or supply the part according to a delivery schedule that meets Sound Transit's needs; e. No supplier will offer the parts at a commercially reasonable price. 3. In recognition of the proprietary nature of the information contained within the designs and information supplied under this Agreement, Sound Transit agrees not to disclose this information to any potential competitor, identified in writing by Contractor, so long as the systems replacement parts are available for purchase. Furthermore, Sound Transit agrees to first solicit a proposal from Licensor prior to re­ manufacturing or manufacturing additional parts or systems. However, should Contractor fail to make parts or systems available for purchase, Contractor agrees that Sound Transit may Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 38

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disclose any information, any time without prior notice to Contractor. B. Software 1. This Section applies to all COTS, Standard, Firmware, and Custom software supplied and/or delivered pursuant to this Agreement. 2. Software License a. Contractor shall grant or transfer a license(s) for any and all Software Product provided pursuant to this Agreement to Sound Transit, its successors, and its representatives. License(s) shall be an irrevocable, perpetual, non-exclusive and non-transferable license to use Software, Documentation, Deliverables and Software Design Documentation supplied under this Agreement by authorized users on Network System. Under such a license, the manufacture of copies for the purpose of back-up or system recovery shall be granted on Software and Software Design Documentation. License shall also extend to the manufacture of unlimited copies of maintenance and user documentation for the purpose of training, operations and maintenance. b. For Standard and Custom software, Contractor shall grant or transfer an additional license(s) for the production of Derivative Works for the purpose of augmenting the performance of or maintaining Standard or Custom Software. Any modifications or changes produced in the Derivative Work shall be granted immediate license to the Owner of original Software for the production of copies; the preparation of additional Derivative Works; the distribution of copies for sale, rental, or lease; and the performance of the Derivative Work in public. 3. Ownership Contractor represents that it or its subcontractors or suppliers is, and on the date of delivery of Software Product will be, the sole owner and copyright holder of the Software Product; that it/they has/have, and on the date of the delivery of the Software Product will have, the full right and authority to grant this License; and that neither this License nor performance under this Agreement does or shall conflict with any other agreement or obligation to which Contractor its subcontractors or suppliers is a party or by which is bound. 4. Proprietary Rights and Limitations It is recognized that the Contractor or its subcontractors or suppliers party to this Agreement either explicitly or implicitly (by supplying Software Product for this Agreement) retain ownership rights of all original works of authorship fixed in any tangible medium of expression produced prior to this Agreement, during the Term of this Agreement whether developed for this Agreement or not, and after the Term of this Agreement under the U.S. Copyright Act. 5. Confidentiality Sound Transit and its officers, employees, contractors and suppliers acknowledge that the source and object code constituting the Software Product which is embodied on magnetic storage media, in computer memory, or in Software Design Documentation contains

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confidential and trade secret material. Sound Transit agrees to use its best efforts to prevent disclosure of those trade secrets to person or persons not directly engaged in the maintenance of, replacement of, and/or in production of Derivative Works of Software Product for Sound Transit. Furthermore, Sound Transit agrees to bind all current or future employees, contractors, and suppliers working with or having exposure to these trade secrets to agreements prohibiting use by that party of trade secrets for purposes other than the maintenance of, replacement of, and/or production of Derivative Works of Software Product for Sound Transit and prohibiting that party from disclosing trade secret to others or placing it in the public domain. 6. License and Maintenance Fees a. Compensation for Software shall be limited to: 1) User Based Licensing. a) Authorized users of License shall only be limited by number of concurrent users. b) Compensation for License shall be based upon the number of concurrent users of Software Product. Unless stated elsewhere in these Specifications, Contractor shall provide sufficient Licenses for the maximum number of planned Users of the Software plus twenty percent (20%) extra. c) Under no circumstances should the Software fail to perform during an emergency because of lack of concurrent user licenses. d) Under no circumstances should the lack of concurrent user licenses cause an emergency or place people or property at risk. 2) Maintenance Fee a) Contractor shall be entitled to a Maintenance Fee for Work such as technical support, upgrades, patches, and other fixes associated with Software. Such Work shall be considered maintenance if and only if performed after or in excess of Warranty. The Maintenance Fee shall be for a defined time period, scope of Work, and payment. 7. Software, Documentation and Deliverables a. Unless stated elsewhere in this Agreement, Contractor shall supply Software, documentation, and deliverables as follows: 1) COTS Software a) Executable object code b) User manuals c) Applicable Licenses d) Software Design Documentation defining the COTS Software as a "black box" defined by its inputs and outputs. 2) Standard Software

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a) Executable object code b) User Manuals c) Applicable Licenses d) Software Design Documentation defining the Standard Software as a series of "black boxes" defined by each Module's inputs and outputs along with explicit code require for linking the Modules together. e) Source Code for Standard Software in Escrow paid for and available to Sound Transit if and only if Contractor or the Owner/Copyright Holder fails to meet the definition of Standard Software for Product or fails to make either maintenance support or product upgrades available for purchase. 3) Custom Software a) Executable object code b) User manuals c) Applicable Licenses d) Software Design Documentation defining the Custom Software in its entirety including source code. 4) Firmware a) Executable object code b) User manuals c) Applicable Licenses d) Software Design Documentation defining the Firmware as a "black box" defined by its inputs and outputs if and only if Software interacts with other software. 8. Escrow Agreement a. An escrow account shall be established for Standard Software Design Documentation. b. Sound Transit shall designate an appropriate official as the Escrow Agent with respect to all Deliverables under this Section. The Escrow Agent shall rely upon the Resident Engineer to ascertain that Sound Transit has obtained all of the Deliverables required by this Section with respect to each delivery. c. Prior to Sound Transit's receipt of the Escrowed Property, the Escrow Agent shall have established a formal, written Policy and Procedure to achieve the following purposes: d. Maintain Escrowed Property in a secure facility; e. Limit access to authorized individuals, including authorized Agents; f. Maintain records identifying each individual and Agent who is given access to Escrowed Property, the specific property accessed, the date of access and Northgate & East Link Extensions Section 00 73 00 RFFP No. CN 0115-14 Systems GC/CM Special Conditions Link Contract N830/E750 DECEMBER 2017 CO 001 MARCH 2018 CO 008 JUNE 2018 CO 016 CNRFP 027 Page 41

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return, and the purpose of the access; g. Provide access only if maintenance, support or upgrades are unavailable for purchase. h. Obtain certifications from each individual given access that he/she understands his/her obligation to maintain the confidentiality of the Escrowed Property and the limitation on its use; i. With respect to authorized Agents, prohibit access until the Agent has duly executed a Sublicense Agreement in accordance with this Section. j. Obtain the return of all Escrowed Property from authorized individuals and Agents with a certification that the confidentiality requirements of this Contract and the Sublicense Agreement, if any, have been fully complied with and that the individual or Agent has not retained any copies of Escrowed Property; k. Assure that the applicable Licensor is notified by Sound Transit of any modification to the communications/train control systems which have been made through modification of Escrowed Property; l. Permit inspection of records of access to any Licensor, upon reasonable notice. 1) The Escrow Agent shall provide Contractor with a draft of the Policy and Procedure. The Contractor may submit comments within thirty (30) days for the Resident Engineer and Escrow Agent review. A final Policy and Procedure shall be issued, with a copy provided to the Contractor, thirty (30) days before the scheduled delivery date of the first equipment to be delivered under the Contract. Any dispute by the Contractor as to the compliance of the Policy and Procedure or the Sound Transit's compliance with the terms of the License granted to it in this Section shall be an "Other Dispute" which the Contractor may pursue in accordance with the procedures of GP 11-04 Partnering.

SC-9.02 SCHEDULE OF VALUES Replace General Conditions Article 9.02, Schedule of values, with the following: A. The Contractor shall submit to Sound Transit within 30 days after issuance of the Notice to Proceed, a Schedule of Values for every component of the Total Contract Cost, in accordance with the Contract Documents and as agreed to during the negotiation of the MACC. The Contractor warrants that such values are accurate representations and allocations of the value of each activity on which Sound Transit may rely. Failure to submit a Schedule of Values that is acceptable to Sound Transit will delay the processing of progress payments. B. Due to separate funding sources, costs associated with each segment (Northgate, East, Lynnwood (option)) shall be tracked separately so as to ensure accurate cost allocation to these different funding sources.

SC-9.03 PROGRESS PAYMENTS

Replace General Conditions Article 9.03 B. “Progress Payment Requests” with the following:

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9.03 B Progress Payment Requests - The first progress payment request shall include (1) the value of the Work performed, including Specified General Conditions work, (2) the cost (as determined below) of materials delivered but not yet incorporated in the Work, (3) an amount of the MACC Risk Contingency Account that is proportionate to the percentage of the MACC Work for which payment is being requested, and (4) an amount of the Fixed GC/CM Fee that is proportionate to the percentage of the MACC and Fixed Amount for Specified General Conditions Work being requested and any bonding costs, all of which shall have been incurred since the effective date of Notice to Proceed. Every subsequent progress payment request, except the final payment request, shall include (1) the value of the Work performed including Specified General Conditions work, (2) the cost (as determined below) of materials delivered but not yet incorporated in the Work, (3) an amount of the MACC Risk Contingency Account that is proportionate to the percentage of the MACC Work for which payment is being requested and (4) an amount of the Fixed GC/CM Fee that is proportionate to the percentage of the MACC and Fixed Amount for Specified General Conditions Work for which payment is being requested, all of which shall have been incurred since the last progress payment request was submitted, less the value of materials installed for which previous payment had been made by Sound Transit.

SC-9.11 TOTAL CONTRACT COST Replace General Conditions 9.11 D.2. “MACC Risk Contingency Account” with the following:

9.11 D.2. MACC Risk Contingency Account - The Contractor is responsible for (a) all costs related to Subcontractor claims or charges that result from mistakes or omissions in the subcontract buyout; (b) coordination errors and omissions related to the Contractor’s shop drawing coordination obligations; (c) interference between any subcontractor and the Contractor; (d) interference between any subcontractor and any other subcontractor; (e) the Contractor’s failure to coordinate the Work it self- performs with work of other subcontractors; and (f) all other Contractor risks associated with the Work. The Risk Contingency Account is to be used to offset all such costs. This item will be paid for at the Contract lump sum price as specified in the Contract Price Schedule in accordance with the Contract.

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SC-10.02 DELAYS Supplement General Conditions Article 10.02 - Delays, Paragraph A - Liquidated Damages, with the following: 5. Liquidated Damages for the Contract Milestones of this Contract are as follows:

Table 2 – Liquidated Damages

Milestone No. Liquidated Damages/Day

1a $5000

1b $5000

2 $5000

3 $5000

4 $5000

5 $7900

6a $0$58,000

6b $58,000

7 $1400

8 $1100

9 $8300

10 $10000

11 TBD

12 $10000

The Liquidated Damages for Milestones 1 through 12 are cumulative; applicable value of Liquidated Damages will be charged if more than one of these Milestones is missed.

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6. WSDOT Liquidated Damages for any failure by the Contractor to open any lane, ramp, or street by the scheduled opening times are as follows: Table 3 - WSDOT Liquidated Damages

Closure Liquidated Damages

Liquidated Damages shall be paid per 15 minutes for each 15 minute period $2,500 / prorated to the nearest 5 minutes that a lane is closed on the mainline I-405 15 minutes beyond the scheduled opening time as specified.

Liquidated Damages shall be paid per 15 minutes for each 15 minute period $400 / prorated to the nearest 5 minutes that a ramp is closed beyond the scheduled 15 minutes opening time as specified.

Liquidated Damages shall be paid per 15 minutes for each 15 minute period $4,500/ prorated to the nearest 5 minutes that all lanes of I-405 are not opened by the 15 minutes scheduled opening time as specified.

Liquidated Damages shall be paid per 15 minutes for each 15 minute period $2000/ prorated to the nearest 5 minutes that a lane is closed on the mainline I-90 15 minutes beyond the scheduled opening time as specified

Liquidated Damages shall be paid per 15 minutes for each 15 minute period $500/ prorated to the nearest 5 minutes that a ramp is closed beyond the scheduled 15 minutes opening time as specified

Liquidated Damages shall be paid per 15 minutes for each 15 minute period $5000/ prorated to the nearest 5 minutes that mainline eastbound or westbound I-90 15 minutes are not opened by the scheduled opening time as specified.

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7. City of Bellevue Transportation Department Liquidated Damages for any failure by the Contractor to open any lane, ramp, or street by the scheduled opening times are as follows:

TABLE 4- BELLEVUE TRANSPORTATION LIQUIDATED DAMAGES Closure Liquidated Damages

Short-term closures: A lane is closed beyond the $500 per lane per 15 minutes for scheduled opening time each 15 minute period prorated to the nearest 5 minutes

Long-term closures: One or more lanes are closed $5000 per day or increment of day beyond the scheduled opening time past 7:00 a.m.

SC-11.04 PARTNERING Replace General Conditions Article 11.04 -Partnering, Paragraph A, Subparagraph 2, with the following: 2. In the event that formal Partnering is agreed upon by both parties, Sound Transit and the Contractor will jointly select a Partnering Facilitator, and Sound Transit will arrange for a Facility in which to hold the Partnering Meetings. The direct costs for the partnering facilitator and facilities will be paid by the Contractor. The Contractor will be reimbursed its costs for the facilitator and facilities by Sound Transit under the Contract Price Schedule Item “Provisional Sum for Partnering”. All other costs associated with the Contractor’s participation in the partnering program shall be included in the Total Cost Contract.

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SECTION 0073 00 SPECIAL CONDITONS- APPENDICIES

TABLE OF CONTENTS APPENDIX A- KING COUNTY METRO TRACK ACCESS PERMIT PROCESS APPENDIX B- TRACK ALLOCATION REQUEST/WORK PERMIT FORM

APPENDIX C- DOWNTOWN TUNNEL/ STATION ACCESS PERMIT/WORK PERMIT REQUEST FORM

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APPENDIX A KING COUNTY METRO TRACK ACCESS PERMIT PROCESS

Link Track Access Permit Process (rev. 6-5-15)

The goal of the Track Access Permit Process is to ensure safe working conditions for all work performed along the Right-of-Way, on any Link Controlled Property and in all Passenger Areas.

When activated by the Link Control Center (LCC), permits authorize your presence on these properties and inform our Train Operators of your whereabouts and activities. These actions, and your own compliance, keep you safe.

The purpose of this document is to provide information on the steps required to submit a permit request, obtain an approved permit, and remain in compliance during usage.

The Basics -- Submitting a Permit Request Form:

1. To obtain a permit request form, contact the Link Track Access Office ([email protected]). Deadline to submit completed request forms is Monday at 8 am for the Permit Week that begins the following Monday. (Permit Weeks begin each Monday morning just after midnight and end the following Sunday at midnight.)

2. Subcontractors must request/obtain their own permit. Permits issued to Primary Contractors are not permits for Subcontractors, too.

3. The form must submitted by email as a Word document. If the permit is not submitted before the deadline for the requested week, it will be considered for the following week once the dates have been corrected by the requestor.

4. Names of all employees who will be working on site must be included on your permit. Note this information in the “work to be performed” box.

5. Include detailed work plans with your permit request.

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Special Requirement – Right of Way Training:

Every person who performs work within the Right-of-Way must have taken the appropriate tier KCM ROW safety training course. All persons working in the Right-of-Way must have their ROW Worker’s Safety Card in their possession. Cards are issued after successful completion of the ROW training and are valid for one year.

To sign up for the training, contact [email protected]. The times and dates for the classes vary and classes fill up quickly so don’t delay this step. Allow at least 2 weeks lead time for availability.

Permit Review Steps:

1. Complicated work may need additional review time and to arrange for/schedule support personnel. If your project is complex, contact the Link Track Access Office ([email protected] at least 3 weeks in advance to allow for this additional review.

2. You must attend the Track Access Coordination meeting held each Wednesday at 1PM to represent your permit request. At this meeting, representatives from King County Metro (KCM), Sound Transit (ST), and all other groups requesting permits meet to review the upcoming week’s work and address any questions or conflicts. Failure to attend may result in the cancellation of your permit request. The meeting location is: Maintenance Facility (OMF) 3407 Airport Way South, Seattle, WA 98134, 4th Floor.

3. Permits are subject to additional requirements/review as specified by KCM Rail Operations.

Receiving Your Approved Permit:

1. Approved permits will be sent to the requestor as a PDF file before close of business on Friday.

2. Review your permit immediately for accuracy. If you find errors or omissions, contact the Link Track Access Office ([email protected]) as soon as possible.

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ADDENDUM 3.1

Using Your Permit:

1. Coordinate support (an Employee in Charge or EIC), by contacting the KCM Link Authorization person noted on your permit (highlighted & asterisked) in advance. Daily confirmation of intent to use or to cancel is required 24 hours and 1 hour in advance of the start time, or the permit will be cancelled.

2. LCC must be contacted to activate the permit before the work starts and to close out the permit when the work is complete. If your permit requires an EIC, the EIC will contact the LCC. If your permit doesn’t require an EIC, you will need to contact the LCC each day of the permit period before entering or leaving the worksite.

3. A copy of the approved work permit must be in the possession of the work party at the work site at all times.

4. If working within the ROW, radio communication is required at all times. Obtain radios from LCC at 1263 6th Avenue South, Seattle 98134, and return them when work is completed.

5. Permitted work may be done only during the permitted time, location and within the restrictions of the permit. Working on tasks not identified on the respective permit will result in an immediate suspension of the work and revocation of the permit.

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ADDENDUM 3.1

APPENDIX B TRACK ALLOCATION REQUEST/WORK PERMIT FORM

Charge #

Department of Transportation Metro Transit Rail Operations TRACK ALLOCATION REQUEST/ WORK PERMIT FORM LCC (206) 205-8177 Permit # P16-06-

Company Name: Main Office Phone:

Work Crew Leader’s Name: After Hours Phone:

Number of Work Sites: Number of Employees: On Site Phone # :

Type of Work to be Performed:

Equipment to be Used:

Exact Location of Work: NORTH SOUTH

At Between: And:

Start Date: Time: End Date: Time:

PROTECTION REQUIRED

De-Energize TPSS Work Zone KCM Link Staff on Site Energize TPSS Lockout Tags

De-Energize OCS Lockout Locks 24 hrs and 1 hr advance notice for Flagger’s Required support Energize OCS

Signals Lockout Track Switching LRV Operations Gates Lockout

Special Requirements:

Date Time

CONTRACTOR AGREEMENT I will notify the LCC by radio or the number at the top of this permit prior to entering the ROW, any time I leave/re-enter the work area, the scope of the work changes, and upon completion of the work. All workers must carry their ROW card at all times. Failure to do so WILL result in cancellation of this permit by the LCC or KC Metro Light Rail Operations Personnel. I have read and understand the rules and requirements detailed in this permit and will abide by them. This Permit may be revoked at any time for violation of rules & requirements or as deemed necessary for the safety of personnel and equipment.

Contractor’s Rep. (and contact number): Date:

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KCM LINK AUTHORIZATION

Facilities Dept: Ian Bennett Traction Power Dept: Melda Hickman 206-423-3677 Restricted Access Office: cell 206-903-7720 206 290-1784 cell; 206-903-7492 ofc. [email protected] [email protected]

James Thames 206-398-5361 ofc. Pam Smith-Graham 206 295-5822 cell.

[email protected] [email protected]

SCADA/Signal/Comm.Dept Mike Erickson 206 255-7349 Track Dept: Mike Larson Approved Denied

cell, 206- 903-7754 ofc 206-255-0482 cell 206-903-7723 [email protected] [email protected]

KCM LINK Representative: Kathy Morgan 206 903-7692 ofc; [email protected] or Max Lemke 206 510 3088 cell; Date: [email protected]

IMPORTANT

Permit must be available for review and on the work site at all times.

Distribution: Original Track Access Coordinator, PDF Copy to Contractor, PDF Copy to LCC. Revision date 5-6-16

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APPENDIX C DOWNTOWN TUNNEL/STATION ACCESS PERMIT/WORK PERMIT REQUEST FORM

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END OF SECTION 00 73 00

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