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Invitation for bids, Contract and Technical Specifications for:

Mill Creek Fish Passage – Park Street to Otis StreetSRFB Project #17-1305

BPA#

Project ManagerBrian Burns

Tri State Steelheaders216 N. Roosevelt StreetWalla Walla, WA 99362Phone: (509) 529-3543

[email protected]

Project EngineersPatrick Powers, PE

Waterfall Engineering, LLCOlympia, Washington

Phone: (360) 352-5773Cell: (360) 701-8433

[email protected]

Jay Kidder, PEChinook Engineering860 Windrose Drive

Coupeville, WA 98239360.672.5528

[email protected]

December 15, 2018

For information, please contact the Project Manager

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Table of Contents

BID PROPOSAL AND CONTRACT REQUIREMENTS..................................................3BID PROPOSAL..............................................................................................................6SCHEDULE OF QUANTITIES – Mill Creek Fish Passage – Park to Otis Streets.......7CONSTRUCTION CONTRACT.....................................................................................12GENERAL REQUIREMENTS AND AMENDMENTS TO THE STANDARD SPECIFICATIONS.........................................................................................................14DIVISION 1 - GENERAL REQUIREMENTS..................................................................14DIVISION 2 – EARTHWORK.........................................................................................302-02 Removal of Structures and Obstructions..........................................................30DIVISION 4 – BASES....................................................................................................314-04 Ballast and Crushed Surfacing...........................................................................31DIVISION 6 – STRUCTURES........................................................................................326-02 Concrete Structures............................................................................................32DIVISION 8 – MISCELLANEOUS CONSTRUCTION...................................................358-01 Erosion Control and Water Pollution Control...................................................358-05 Channel Excavation and Disposal......................................................................378-06 Sump Drains.........................................................................................................378-26 Access..................................................................................................................388-27 Site Restoration...................................................................................................38DIVISION 9 – MATERIALS...........................................................................................39

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BID PROPOSAL AND CONTRACT REQUIREMENTS

Request for QuotationsProject Title: Mill Creek Fish Passage – Park Street to Roosevelt StreetProject Sponsor: Tri State Steelheaders Salmon Enhancement Group (TSS)

Description of ProjectThe project involves the retrofit of approximately 1200 feet of concrete flume for fish passage. Concrete will be removed from the existing flood control flume and replaced with new baffles, precast concrete roughness panels, and resting pools. The project also includes a single new bridge clearance ramp under the Otis Street bridge for County maintenance vehicles to access the channel for maintenance.

Access to the flood channel is very important, and it is recommended that the contractor investigate the location and the landowner’s permission during the pre-bid site visit. Soon after the bid opening TSS will ask for a formal Access Plan in writing describing the means and methods to deliver the project.

The TSS will be responsible for obtaining all environmental permits.

Estimated price for this contract: WAG $xxxxxx,000 TBD WAG

Project LocationThe project is located in downtown Walla Walla, WA, upstream of Park Street to just upstream of Otis Street.

Pre-Bid MeetingA mandatory pre-bid meeting is required. The meeting will be held on 1/9/2019 at 1 pm at the Park Street Bridge in Walla Walla, WA. The meeting will last one to two hours.

Submission of ProposalsThe following items are required for a proposal to be considered responsive:

A. Complete all parts of the attached BID PROPOSAL form including the SCHEDULE OF QUANTITIES (cost proposal) and the LIST OF SUBCONTRACTORS. The bid will be considered responsive only if the Bid Proposal form is entirely completed. Also include on that list the fabricators or suppliers that are in excess of 5% of the total contract amount.

B. A representative of the contractor has visited the site or has fully reviewed the Plans and Special Provisions and demonstrates a working knowledge of the entire scope of work.

C. The bidder must provide a bid deposit as described in Section 1-02.7 of the CONTRACT.

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D. Three references are required with the proposal. These references should include past clients who; 1) are familiar with the respondent’s abilities to form and pour concrete in a stream with sensitive salmon resources, and 2); can respond to the contractor’s quality of work, timeliness and reliability.

E. Submit bids to TSS, no later than 4:00 p.m., Pacific Daylight Savings Time on 1/30/2019.

In addition to bid responsiveness, the TSS awards contracts to the lowest responsible bidder, defined in RCW 43.19.1911, as follows:

"(9) In determining "lowest responsible bidder", in addition to price, the following elements shall be given consideration:

(a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;

(b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(c) Whether the bidder can perform the contract within the time specified;(d) Whether the bidder can provide a schedule and proposed methods for

construction, and installation of the Precast Roughness Panels.(e) The quality of performance of previous contracts or services;(f) The previous and existing compliance by the bidder with laws relating to the

contract or services;(g) Such other information as may be secured having a bearing on the decision

to award the contract:

PROVIDED, That in considering bids for purchase, manufacture, or lease, and in determining the "lowest responsible bidder," whenever there is reason to believe that applying the "life cycle costing" technique to bid evaluation would result in lowest total cost to the state, first consideration shall be given by state purchasing activities to the bid with the lowest life cycle cost which complies with specifications. "Life cycle cost" means the total cost of an item to the state over its estimated useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can reasonably be determined, minus the salvage value at the end of its estimated useful life. The "estimated useful life" of an item means the estimated time from the date of acquisition to the date of replacement or disposal, determined in any reasonable manner. Nothing in this section shall prohibit any state agency, department, board, commission, committee, or other state-level entity from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused."

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http://www.mrsc.org/mc/rcw/rcw%20%2043%20%20title/rcw%20%2043%20.%2019%20%20chapter/rcw%20%2043%20.%2019%20.1911.htm

Documents Included:A. Bid Proposal (6 pages)B. SpecificationsC. Drawings (separate file)

Bonds and Insurance Required: A. Bid Deposit (Bid Bond)B. Contract Bond (Performance Bond)C. Standard Liability Insurance (as described in WSDOT Standards 1-07.18)

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BID PROPOSAL

Bidder Name

Address

For the construction of:Mill Creek Fish Passage – Park Street to Roosevelt Street hereinafter referred to as the Project.

To:Tri State Steelheaders216 N. Roosevelt StreetWalla Walla, WA 99362

We, the undersigned, having examined the Invitation to Bidders and the Contract Documents including specifications for the construction of the Work, and having investigated the site of the Project offer to construct and complete the Work in conformity with said documents, and to enter into an agreement according to the form hereto attached, in consideration of the sum arrived at by the proper extension of units of work shown in the following Schedule of Quantities, or such sum as may be ascertained in accordance with said documents.

We acknowledge receipt, understanding and full consideration of Addenda Number(s)

_____________________ , issued prior to the date for receipt of bids (blank or “NA” if no addenda have been issued).

Signature

BID PROPOSAL PAGE 1 OF 6

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SCHEDULE OF QUANTITIES – MILL CREEK FISH PASSAGE – PARK TO OTIS STREETS

Bid Proposal Page 2 of 6

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1 Mobilization and Demobilization 1-09 1 L.S. N/A $

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Erosion Control and Water Pollution Control Dewatering Sumps with pipes to tanks and quarry spalls

8-01 10 EA. $ $

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Erosion Control and Water Pollution Control Dewatering Baker or Rain for Rent Sediment Contaiment Tanks

8-01 2 EA. $ $

4 Dewatering Dam and Bypass Pipe 8-01 1 LS N/A $

5 Groundwater Drainage Pipe HDPE installation new 9-05.1(6) 150 LF $ $

6 Concrete Cutting 2-02 1883 LF $ $

7 Concrete Removal and Disposal 2-02 222 CY $

8 Channel Excavation and Disposal 8-05 437 CY $ $

9 CIP Reinforced Concrete 6-02 279 CY $ $

10 Resting Pool Habitat Boulders 6-02 48 ea. $ $

11 Gravel Backfill 4-04 110 C.Y. $ $

12 Roughness Panel Installation 6-02 59 ea. $ $

13 Bridge Ramp 6-02 1 L.S. N/A $

14 Access 8-26 1 L.S. N/A $

15 Site Restoration 8-27 1 L.S. N/A $

L.S. = Lump Sum Base BidC.Y. = Cubic YardEa. = Each 8.90% Sales Tax

Total Bid (Sales Tax and Base Bid)

Unit Price Bid AmountItem No. Description Division Approx. Quantity

Unit of Measure

LIST OF SUBCONTRACTORS(See Section 1-02.6 of Amendments to the Standard Specification)

For each category of work in this project, the bidder shall identify the category of any work expected to be more than five percent (5%) of the total work and the Subcontractor, Fabricator or Supplier performing it. Failure to list Subcontractors shall render the bid NONRESPONSIVE.

PROJECT NAME Mill Creek Fish Passage – Park Street to Roosevelt Street

Firm Name and Address Type of Work1. Subcontractor/Supplier

2. Subcontractor/Supplier




No subcontractors will be used on this contract.


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LIST OF REFERENCES

List at least three references. These references should include past clients who are familiar with the bidder’s quality of work, timeliness, reliability, etc.

PROJECT NAME Mill Creek Fish Passage Project – Park Street to Roosevelt Street

Name of Reference Company / Contact and Phone Number

Project Name and General Location Type of Work Performed


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PROJECT SCHEDULE

Advertisement for bids 12/10/2018

Contract documents 12/17/2018

Pre-Bid Meeting 1/9/2018

Bids due 1/30/2019

Contract Award 2/15/2019

Notice to Proceed 5/1/2019

Start Instream Work (if conditions allow) 6/15/2019

De-Watering Removed 8/30/2019

Complete Instream Work, Substantial Completion 9/15/2019

Project Complete, Final Completion 10/31/2019

Short Construction Sequence Approach

To be added and elaborated upon in Section 1-05.3 Plans and Working Drawingsa written Construction Work Plan short narrative is requested at time of bidding. It should include:

1. Haul routes for equipment and access points to the channel including staging areas anticipated or agreed to between Contractor and Landowners.

Please keep this narrative shorter than one page.


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Should this bid be accepted, we agree to appear at the office of the TSS within five (5) calendar days from the date of the Notice of Acceptance and return the signed contract (3) and to provide the required Certificate(s) of Insurance.

We agree to begin work no later than and to proceed so

as to complete the project no later than .

Our Total Lump Sum Bid Amount is

$_________________________________________

in long hand form,

_____________________________________________________________________

Attached hereto is a certified check, cashier’s check or bid bond in the amount of

Dollars ($ )

Payable to the order of the Tri State Steelheaders; this amount being five percent (5%) of the total bid, based upon the approximate quantities at the above prices. (As per CONTRACT Section 1-02.7.)

DATED this ____ day of ___________ 2016, at , Washington.

ADDRESS OF BIDDER(Principal Place of Business)

Firm Name

By Signature

Telephone Printed Name and Title

Fax #

If the bidder is a corporation, this proposal must be executed by its duly authorized officials.

Contractor’s State Registration Number

State Industrial Insurance Number

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CONSTRUCTION CONTRACT

THIS CONTRACT, made and entered into this ___ day of ___, 2019, shall be the agreed basis of performing the following work by and between the Tri State Steelheaders, hereinafter referred to as the Sponsor, and

Telephone Fax hereinafter referred to as the Contractor.

WITNESSETH: Whereas the parties hereto have mutually covenanted and by these presents do covenant and agree with each other as follows:

FIRST: The Contractor agrees to furnish all material, labor, tools, equipment, apparatus, facilities, etc., necessary to perform and complete in a workmanship like manner the work called for in the contract documents entitled:

Project Name: Mill Creek Fish Passage – Park Street to Otis StreetProject Number: SRFB # 17-1305

Prepared by Sponsor according to the terms of the contract documents which shall include, but shall not be limited to the accepted Proposal, General and Supplemental Conditions, Addenda, Specifications, Drawings, Bond, Advertisement for Bids and this Contract.

SECOND: Time of Completion: The work to be performed under this contract shall commence as soon as the Contractor has been officially notified to proceed and shall be substantially complete on or before September 15, 2019.

The Contractor further agrees that, from the compensation otherwise to be paid, the Sponsor may charge actual costs to the Contract for any time over the agreed to completion date where work remains uncompleted, which sum is agreed upon as the liquidated damages which the Sponsor will sustain in case of the failure of the Contractor to complete the work in the time stipulated and this sum is not to be construed as in any sense a penalty.

THIRD: In consideration of the Performance of the Work, herein contained on the part of the Contractor, the Sponsor hereby agrees to pay the Contractor for said work completed according to the Contract Documents, the sum of $ __________ which includes 8.9% State Sales Tax consisting of the following:

BASE BID and TOTAL CONTRACT AMOUNT $ __________

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FOURTH: The unit prices are hereby accepted as per the SCHEDULE OF QUANTITIES.

The unit prices shall be utilized for any additive and deductive work within 15% of the TOTAL BID, INCLUDING SALES TAX. The unit price shall provide the contractor with full compensation for the cost of labor, materials, equipment, overhead, profit and any additional costs associated with the unit bid.

IN WITNESS WHEREOF: The Tri State Steelheaders has caused this Contract to be subscribed in its behalf and the said Contractor has signed this Contract the day and year first above written.

Contractor: Sponsor:_____________________________ Tri State Steelheaders

By By

Title Title: _____________________________

Date Date

Washington State Contractor’sLicense No.

Federal Tax Id. No.

UBI. NO.

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Tri State Steelheaders Fisheries Enhancement GroupMill Creek Fish Passage – Park Street to Otis Street

AMENDMENTS AND SPECIAL CONDITIONS

INTRODUCTION

The Project shall be constructed in accordance with the Washington State Department of Transportation’s Standard Specifications for Road, Bridge and Municipal Construction Current Edition (WSDOT Standard Specifications) including revisions in following AMENDMENTS TO THE SPECIAL CONDITIONS. Additional specifications in the following sections describe items not covered by the WSDOT Standard Specifications.

GENERAL REQUIREMENTS AND AMENDMENTS TO THE STANDARD SPECIFICATIONS

The following Amendments to the Standard Specifications are made a part of this contract and supersede any conflicting provisions of the Standard Specifications.

Each Amendment contains all current revisions to the applicable section of the Standard Specifications and may include references, which do not apply to this particular project.

DIVISION 1 - GENERAL REQUIREMENTS

1-01 DEFINITIONS AND TERMS - LOCAL AGENCY

The following substitution of words shall prevail in the Standard Specifications:

Wherever the word “State” is used, it shall mean Sponsor.

Wherever the words “Department“ or “Department of Transportation” are used, they shall mean Sponsor.

Wherever the words “Transportation Commission” are used, they shall mean the Board for the Sponsor.

Wherever the words “Secretary“ or “Secretary of Transportation” are used, they shall mean the Director of the Board for the Sponsor.

Wherever the words “State Treasurer” are used, they shall mean the Sponsor Accountant.

Wherever the words “State Auditor” are used, they shall mean the Sponsor Auditor.

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Wherever the words “Motor Vehicle Fund” are used, they shall mean the Sponsor Project Fund.

Wherever, in the Contract, the specifications and other Contract documents, the following words and terms or pronouns in place of them are used, the meaning will be construed as follows:

Board, Board of Directors: The elective body having authority over the Sponsor’s matters as provided by law.

Department, Public Works Department: The agent of the Board of Directors for the Sponsor for the administration of project work; the Executive Director.

County Road Engineer: The Project Engineer for the Sponsor and such agents as are authorized to act on his behalf.

Engineer: The Project Engineer, acting directly or through his duly authorized representative.

Laboratory: The laboratory designated by the Project Engineer.

Item of Work: For the purpose of this project, an item of work shall be considered a unit of work. Payment will be made for actual work performed at Unit Contract Price for completed units of work.

1-02 BID PROCEDURES AND CONDITIONS1-02.1 Prequalification of Bidders is replace with:

CONTRACTING WITH DEBARRED OR SUSPENDED ENTITIES (As required by BPA contract # ___)

(a) “Commercially available off-the-shelf (COTS) item,” as used in this clause means any item of supply (including construction material) that is:

(1) A commercial item (as defined in BPI 1.8);

(2) Sold in substantial quantities in the commercial marketplace; and

(3) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace.

(b) The Government suspends or debars Contractors to protect the Government’s interests. Other than a subcontract for a commercially available off-the-shelf item, the Sponsor shall not enter into any subcontract in excess of $30,000 with a Contractor

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that is debarred, suspended, by any executive agency unless there is a compelling reason to do so.

(c) The Sponsor shall require each proposed subcontractor whose subcontract will exceed $30,000, other than a subcontractor providing a commercially available off-the shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended by the Federal Government.

(d) The Sponsor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended (see www.sam.gov).

(e) Subcontracts. Unless this is a contract for the acquisition of commercial items, the Sponsor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that exceed $30,000 in value and is not a subcontract for commercially available off-the-shelf items.

1-02.2 Plans and SpecificationsThis section is revised to read:

Sponsor shall provide one copy of each Contract document (Contract Form, Specifications, Bid Forms and Plans) to Contractor for project bidding purposes. After Contract award, Sponsor shall supply Contractor with sufficient numbers of plans and contract documents for construction. Contractor shall make all other copies of Contract documents needed for completion of Contractor’s work.

1-02.3 Estimated QuantitiesInclude as written.

1-02.4 Examination of Plans, Specifications and Site of Work1-02.4(1) GeneralThis section is supplemented with the following:

All prospective bidders are required to visit the site during a pre-bid meeting. All plan holders will be notified of the day, time and place of a site visit to be scheduled by the Project Manager.

1-02.4(2) Subsurface InformationInclude as written.

1-02.5 Proposal Forms (Bid Forms)Include as written.

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1-02.6 Preparation of ProposalParagraph five; item #1 is revised to read:

1. The Bidder shall list all Subcontractors, fabricators, or suppliers expected to perform more than five percent (5%) of the contracted work on the bid form.

1-02.7 Bid DepositThis section is supplemented with the following:

1. When the sum of the base bid is $35,000.00 or less, no bid deposit is required.

2. When the sum of the base bid is greater than $35,000.00, a bid guarantee deposit in the amount of five percent (5%) of the base bid amount is required.

1-02.8 Non-collusion Declaration and Lobbying CertificationInclude as written.

1-02.9 Delivery of ProposalThis section is revised to read:

1. Each proposal shall be sealed and submitted in a sealed envelope with the name of the project and Contractor on the outside.

2. Prior to the bid opening, The Sponsor’s representative will designate the official bid clock.

3. Any part of the bid proposal or bid modification not received prior to the time specified, per the designated bid clock, will not be considered and the bid will be returned to the bidder unopened.

4. People with disabilities who wish to request special accommodation, (e.g., sign language interpreters, Braille, etc.) need to contact the Sponsor ten (10) working days prior to the scheduled bid opening.

1-02.10 Withdrawal or Revision of ProposalInclude as written.

1-02.11(Combination and Multiple Proposals) is deleted.

1-02.12 Public Opening of ProposalsThis section is supplemented with the following:

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Public opening of bids is not required of the Sponsor. After the Bid Opening, Bidders may obtain bid results from the Sponsor by calling the number listed on the cover of the bid proposal.

1-02.14 Disqualification of BiddersInclude as written, with the edition

CERTIFICATION OF ELIGIBILITY

(a) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).(b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

1-02.15 Pre-Award InformationInclude as written, with the addition:

DAVIS-BACON ACT WAGE RATES The wage determination(s) referred to in the Davis-Bacon Act clause below, are incorporated into the contract, and are identified as follows:

Davis-Bacon Act Determination Number: WA66

1-02.16 Bid AmountsThis section is added:

The Bidder agrees to hold the base bid prices for forty-five (45) days from date of bid opening.

1-03 AWARD AND EXECUATION OF CONTRACT1-03.1 Consideration of BidsInclude as written.

1-03.2 Award of ContractInclude as written.

1-03.3 Execution of ContractThis section is revised to read:

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The bidder will return to the Sponsor a signed contract, insurance certificate(s) and bonds within ten (10) days after receipt of contract. If the apparent successful bidder fails to sign all contractual documents or provide the bond and insurance as required or return the documents within ten (10) days after receipt of the contract, the Sponsor may terminate the award of the contract.

1-03.4 Contract BondItem 1 is revised to read:

1. Be on a standard surety form;

All other items included as written

1-04 SCOPE OF WORK1-04.1 Intent of the ContractInclude as written.

1-04.2 Coordination of Contract Documents, Plans, Special Provisions Specifications and AddendaInclude as written.

1-04.4 ChangesThis section is supplemented with the following:

If Sponsor desires to order a change in the Work, it may request a written Change Order proposal from Contractor.

1. Due to the short and critical duration of this type of project, Contractor shall submit a Change Order proposal within 24 hours of the request from Sponsor, or within such other period as mutually agreed.

2. Contractor’s Change Order proposal shall be full compensation for implementing the proposed change in the Work, including any adjustment in the Contract Sum or Contract Time, and including compensation for all delays in connection with such change in the work and for any expense or inconvenience, disruption of schedule, or loss of efficiency or productivity occasioned by the change in Work.

3. Upon receipt of the Change Order proposal, or a request for equitable adjustment in the Contract Sum or Contract Time, Sponsor may accept or reject the proposal, request further documentation, or negotiate acceptable terms with the Contractor.

4. Pending agreement on the terms of the Change Order, Sponsor may direct Contractor to proceed immediately with the Change Order Work. Contractor shall not proceed with any change in the Work until it has obtained Sponsor’s

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approval. All Work done pursuant to any Sponsor-directed change in the Work shall be executed in accordance with the Contract Documents.

5. If Sponsor and Contractor reach agreement on the terms of any change in the Work, including any adjustment in the Contract Sum or Contract Time, such agreement shall be incorporated in a Change Order. The Change Order shall reflect full payment and final settlement of all claims for time and for direct, indirect and consequential costs, including costs of delays, inconvenience, disruption of schedule, or loss of efficiency or productivity, related to any Work either covered or affected by the Change Order, or related to the events giving rise to the request for equitable adjustment.

6. A request for an equitable adjustment in the Contract Sum shall be based on written notice delivered to the Sponsor within 24 hours of the occurrence of the event giving rise to the request. For purposes of this part, “occurrence” means when Contractor knew, or in its diligent prosecution of the Work should have knowledge of the event giving rise to the request. If the Contractor believes it is entitled to an adjustment in the Contract Sum, Contractor shall immediately notify the Sponsor and begin to keep and maintain complete, accurate and specific daily records. Contractor shall give the Sponsor access to any such records and, if requested, shall promptly furnish copies of such records to Sponsor.

7. Contractor shall not be entitled to any adjustment in the Contract Sum for any occurrence of events or costs that occurred more than 24 hours before Contractor’s written notice to the Sponsor. The written notice shall set forth, at a minimum, a description of:

a. The event giving rise to the request for an equitable adjustment in the Contract Sum;

b. The nature of the impacts to Contractor and Subcontractors, if any; and,

c. To the extent possible, the amount of the adjustment in Contract Sum requested.

8. Failure to properly give such written notice shall, to the extent Sponsor’s interests are prejudiced, constitute a waiver of Contractor’s right to an equitable adjustment.

9. When the request for compensation relates to a delay or other change in Contract Time, Contractor shall demonstrate the impact on the critical path of the schedule attributable to the change of Work or event(s) giving rise to the request for equitable adjustment. Contractor shall be responsible for showing clearly on the Progress Schedule that the change or event:

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a. Had specific impact on the critical path and, except in case of concurrent delay, was the sole cause of such impact; and

b. Could not have been avoided by re-sequencing of the Work or other reasonable alternatives.

1-04.5 Procedure and Protest by the ContractorInclude as written.

1-04.6 Variation in Estimated Quantities(May 25, 2006 APWA GSP; may not be used on FHWA-funded projects)

Supplement this Section with the following:

Payment to the Contractor will be made only for the actual quantities of Work performed and accepted in conformance with the Contract. When the accepted quantity of Work performed under a unit item varies from the original Proposal quantity, payment will be at the unit Contract price for all Work unless the total accepted quantity of any Contract item, adjusted to exclude added or deleted amounts included in change orders accepted by both parties, increases or decreases by more than 30 percent from the original Proposal quantity. In that case, payment for Contract Work may be adjusted as described herein.

1-04.7 Differing Site Conditions through 1-04.11 Final CleanupInclude as written

1-05 CONTROL OF WORK1-05.1 and 1-05.2 Authority of the Engineer, Project Manager, Assistants and Inspectors Include as written.

1-05.3 Plans and Working DrawingsThis section is supplemented with the following:

Not later than 4 days after Notification of Apparent Low Bidder and before signing of the Construction Contract with the TSS, the Contractor shall submit a written Construction Work Plan. No physical work is to be performed at the site until the Construction Work Plan is reviewed and approved by the Project Manager and Land Owner. It should include at a minimum:

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1. Haul routes for equipment and details of the proposed staging of materials, and location of access points to the in channel work areas. This shall be described in the Construction Access Plan.

2. Access locations that require the cutting and replacement of the flood wall shall be identified and located on the drawing site plans.

And not later than 45 days after Notification of Apparent Low Bidder and after signing of the Construction Contract with the TSS, the Contractor shall submit a written Construction Work Plan including the following.

3. A list of construction personnel and the supervisory chain of responsibility proposed.

4. Anticipated stream flow water bypass and dam system arrangement and proposed sizing.

5. Sediment and concrete wash laden water pumping and handling description and quantity and size of dirty water tanks anticipated, including hose arrangements and locations of tanks.

6. Method and installation of sump drains including location, hose arrangement, management of clean and dirty water coordination into sediment tanks or return to stream flow and the method to deliver clean water to the stream.

7. Procedures and sequence for placing roughness panels, forming and pouring concrete and installing resting pools.

Note that absolutely no concrete cutting or in stream construction may begin until written approval is granted for the Construction Access Plan.

1-05.4 Conformity With and Deviation from Plans and StakesThis section is supplemented with Special Condition 1-14.

1-05.6 Inspection of Work and Materials through 1-05.12 Final AcceptanceInclude as written

1-05.13 Superintendents, Labor, and Equipment of ContractorInclude as written, with the addition:

CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (As required by BPA contract #___)

(a) Definitions. As used in this clause—

“Driving”—(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

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“Text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.

(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while driving, dated October 1, 2009.

(c) The Contractor should adopt and enforce policies that ban text messaging while driving —(1) Company-owned or -rented vehicles or Government-owned vehicles; or (2) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(d) Subcontracts. The Sponsor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed $10,000.

1-05.14 Cooperation with Other Contractors through 1-05.15 Method of Serving NoticesInclude as written.

1-06 CONTROL OF MATERIAL1-06.1 Approval of Materials Prior To UseInclude as written.

Be aware too that all testing of concrete slump, compression strength cylinder loading, curing and breaking shall be completed at the expense of the contractor. Results of testing shall be transmitted to the project engineer as they come available.

1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC1-07.1 Laws to be observed Include as written, and include:

Indemnification (As required by RCO contract 13-1387)The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach of any obligation under this Agreement by, the sponsor or the sponsor’s agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable.

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Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this Agreement by the State, its agents, officers, employees, subcontractors or vendors, of any tier, or any other persons for whom the State may be legally liable.

Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the sponsor or the sponsor’s agents, employees, subcontractors or vendors of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the State its agents, officers, employees, subcontractors and or vendors, of any tier, or any other persons for whom the State may be legally liable, the indemnity obligation shall be valid and enforceable only to the extent of the sponsor’s negligence or the negligence of the sponsor’s agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable.

1-07.2 State TaxesDelete 1-07.2(1) and 1-07.2(2) and replace with the following:

The total bid amounts shall include Washington State Sales Tax (WSST) as a line item. All other taxes imposed by law shall be included in the bid amount. The Sponsor will include WSST in progress payments according to the percent of completion. The Contractor shall pay the WSST to the Department of Revenue and shall furnish proof of payment to the Sponsor if requested.

[Note: Contractor must bond for contract amount plus the WSST.]

1-07.5 Fish and Wildlife and Ecology Regulations1-07.5(1) GeneralThis section is supplemented with the following:

This specification describes requirements originating from the Washington Department of Fish and Wildlife (WDFW), U.S. Fish & Wildlife Service (USFWS) and U.S. Army Corps of Engineers (ACOE) whose collective responsibility in this case is to make sure aquatic resources and fish communities are adequately protected during construction projects.

The contractor is advised that many of the requirements for protection of fish life, water quality, etc., are shown on drawings and described in Division 2. Some other agency requirements are reflected in specifications and/or drawings related to site clearing, excavation limits, re-vegetation, etc.

1-07.5(2) State Department of Fish and WildlifeThis section is supplemented with the following:

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1. The Contractor shall coordinate all stream diversions and stream de-watering work with the Sponsor to allow staff of the Sponsor to net fish out of the de-watered stream sections and safely return these fish to adjacent stream habitat.

2. Prepare a Spill Prevention, Control and Countermeasures (SPCC) Plan as outlined in 1-07.15(1). Oil absorbent pads and personnel trained in spill prevention and control will be on site during all heavy equipment operations.

3. Inspect heavy equipment at least on a daily basis for any leaks of petroleum products. Repair as needed.

4. Heavy equipment needs to be pressure washed to be visibly free of all soil before shipping to the project site.

1-07.6 Permits and LicensesThis section is supplemented with the following:

The Sponsor shall be responsible for obtaining all environmental permits required for construction (e.g. Hydraulic Project Approval), excluding business licenses and permits required for the Contractor’s business. The Contractor shall be given a copy of the HPA. The Contractor shall comply with all HPA permit requirements and keep a copy of the permit on site at all times.

1-07.8 High Visibility Apparel First paragraph is modified to read:

The Contractor shall require all personnel at the work site under their control (including Subcontractors and lower tier subcontractors) and working outside of vehicles and potentially in presence of traffic on private or public roads, to comply with the following:

Remaining paragraphs as written.

1-07.9 Wages Include as written.

1-07.11 Requirements for Nondiscrimination (As required by BPA contract # ___)(a) The Contractor shall not discriminate against its employees or applicants because of their race, color, religion, sex, national origin, age, status as Disabled or Vietnam Veterans, or physical or mental handicaps. The Contractor certifies that it does not, and will not, maintain segregated facilities or accommodations on the basis of race, color, religion or national origin. Regarding any position for which an employee or an applicant is qualified, the Contractor agrees to take affirmative action to employ, train,

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advance in employment and retain individuals in accordance with applicable laws and regulations including:(1) For nondiscrimination based on race, color, religion, sex or national origin this includes, but is not limited to, the U. S. Constitution, and Parts II and IV of Executive Order 11246, September 24, 1965 (30 Fed. Reg. 12319). Contractor disputes related to compliance with its obligations shall be handled according to the rules, regulations and relevant orders of the Secretary of Labor (See 41 CFR 60).(2) For nondiscrimination based on the Handicapped this includes, but is not limited to, Section 503 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 793); Executive Order 11758, January 15, 1974; and the regulations of the Secretary of Labor (41 CFR Part 60-741).(3) For nondiscrimination based on Age this includes, but is not limited to, Executive Order 11141, February 12, 1964 (29 CFR 2477).

1-07.17 Utilities and Similar FacilitiesThis section is supplemented with the following:

Locations and dimensions shown in the plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or other verification. Public and private utilities, or their contractors, will furnish all work necessary to adjust, relocate, replace, or construct their facilities unless otherwise provided for in the Plans or these Special Provisions. Such adjustment, relocation, replacement, or construction will be done during the prosecution of the work for this project.

The Contractor shall call the Utility Location Request Center (One Call Center), for field location not less than two nor more than ten business days before the scheduled date for commencement of excavation which may affect underground utility facilities, unless otherwise agreed upon by the parties involved. A business day is defined as any day other than Saturday, Sunday, or a legal local, state or federal holiday. The telephone number for the One Call Center for this project is 1-800-424-5555.

The Contractor is alerted to the existence of Chapter 19.122 RCW, a Washington State law relating to underground utilities. Any cost to the Contractor incurred as a result of this law shall be at the Contractor's expense.

1-07.176 Protection and Restoration of PropertyInclude as written.

1-07.18 Public Liability and Property Damage InsuranceInclude as written.

1-07.19 through 1-07.27 Gratuities to No Waiver of State’s Legal RightsInclude as written.

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1-08 PROSECUTION AND PROGRESS1-08.1 through 1-08.4 Subcontracting through Prosecution of WorkInclude as written.

1-08.3 Progress ScheduleThe second paragraph of this section is revised to read:

The Contractor shall submit two copies of the progress schedule (total working days) to the Project Manager no later than 7 days prior to the scheduled start of work. This schedule and any supplemental schedule shall show:

(1) Physical completion of all work within the specified contract time, (2) the proposed order of work, and (3) projected starting and completion times for major phases of the work and for the total project. The schedule shall be developed by a critical path method. The Contractor shall provide sufficient material, equipment, and labor to meet the completion times in this schedule.

1-08.4 Prosecution of WorkInclude as written.

1-08.5 Times for CompletionThis section is revised to read:

The Contractor shall accomplish all in-stream work requiring water diversion between June 15, 2019 and September 15, 2019. Site preparation and other preliminary work (not requiring entry into the stream) may be started shortly before the stated commencement date; therefore, on-site work may start as soon as the contract has been executed and the Construction Work Plan is reviewed and approved by the Project Manager. All site work shall be completely finished by October 31st, 2019.

1-08.6 through 1-08.8 Suspension of Work to Extensions of TimeInclude as written.

1-08.9 Liquidated DamagesThis section is revised to read:

The Contractor further agrees that, from the compensation otherwise to be paid, the Sponsor may charge actual costs to the Contract for any time over the agreed to completion date where work remains uncompleted, which sum is agreed upon as the actual damages which the Sponsor will sustain in case of the failure of the Contractor to complete the work in the time stipulated and this sum is not to be construed as in any sense a penalty. These actual costs will be, but not limited to:

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1. Any fines by Permitting Agencies for work not being completed within the time frame stipulation in the permit.

2. Any costs imposed by the local authorities due to the work not being completed on time.

3. Additional special inspections and engineering services that might be required.

4. It is not the intent of Sponsor to recoup our extra management expenses.

1-08.10 Termination of ContractInclude as written.

1-09 MEASUREMENT AND PAYMENTInclude as written.

SPECIAL CONDITIONS

1-11 SAFETY PRECAUTIONSThis section is added:

1. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the work.

2. In carrying out its responsibilities according to the Contract Documents, Contractor shall protect the lives and health of employees performing the work and other persons who may be affected by the work; prevent damage to materials, supplies and equipment whether on site or stored off-site; and prevent damage to other property at the site or adjacent thereto. Contractor shall comply with chapter 296-800 WAC and all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; shall erect and maintain all necessary safeguards for such safety and protection; and shall notify Sponsors of adjacent property and utilities when prosecution of the work may affect them.

3. Contractor shall maintain an accurate record of exposure data on all incidents relating to the work resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies or equipment. Contractor shall immediately report any such incident to Sponsor and appropriate jurisdictions. The Sponsor shall, at all times, have a right of access to all records of exposure.

4. All work shall be performed with due regard for the safety of the public. Contractor shall perform the work so as to cause a minimum of interruption of vehicular traffic or inconvenience to pedestrians. All arrangements to care for such traffic shall be

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Contractor’s responsibilities. All expenses involved in the maintenance of traffic by way of detours shall be borne by Contractor.

5. In an emergency affecting the safety of life or the work or of adjoining property, Contractor is permitted to act, at its discretion, to prevent such threatened loss or injury, and Contractor shall so act if authorized or instructed.

6. Nothing provided in this section shall be construed as imposing any duty upon the Sponsor with regard to, or as constituting any express or implied assumption of control or responsibility over, project site safety, or over any other safety conditions relation to employees or agents of the Contractor or any of its Subcontractors, or the public.

1-13 TEMPORARY UTILITIESThis section is added:

Contractor shall supply and maintain all necessary and temporary electrical services and required water and sanitation facilities as needed for construction of this project. A rental Sani-Hut or Porta-Potty shall be delivered and maintained for the duration of the project. Any water required on site will be hauled by the Contractor from a safe and legal source. No water, at any time, may be drawn from the site stream, except to dewater work area to facilitate construction as described in the plans, or as specifically and legally permitted by Washington Department of Fish and Wildlife. Contractor will be responsible for the acquisition of any such water withdrawal permits.

1-14 STAKINGThis section is added:

1. The Engineer will furnish all primary control and establish control coordinates for locating the principal components of the Work with a suitable number of benchmarks and control points adjacent to the work on a one-time basis.

2. The Contractor will develop and make all detailed surveys needed for construction of the work involved. The Contractor shall be held responsible for the preservation of all primary and other control coordinate stakes.

3. The Contractor shall be responsible for setting, maintaining and resetting all alignment stakes, slope stakes and grades necessary for the construction of this project.

4. The Contractor shall provide the Engineer copies of any calculations and staking data when requested by the Engineer.

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5. The Contractor shall ensure a surveying accuracy within 0.1 feet vertical and horizontal of the specified elevations and dimensions.

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DIVISION 2 – EARTHWORK

2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS

2-02.1 Description This section is supplemented with the following:

The work includes cutting, breaking, haul and disposal of concrete from the project area. 2-02.2 Construction AccessThe contractor shall develop a construction access plan to be reviewed and approved by the engineer before staging any equipment on site. Several options for access are shown on the project plans. If the contractor uses these options they will be responsible for repair of any existing roads, walls, fences to pre project condition. Other access options will be presented by the Project Manager during the pre-bid on site meeting. The contractor shall provide traffic control for all vehicles coming and leaving the site to ensure safety to the public.

2-02.3 Construction RequirementsThis section is supplemented with the following:

The work entails saw cutting the existing concrete, breaking up and removing and disposing at an appropriate landfill or recycling site. 2-02.4 Measurement and 2-02.5 PaymentThe specific unit of measurement will apply as noted in the Schedule of Quantities. Payment will be based on the completed quantity of repair of the flood channel wall and footings as indicated and actually replaced.

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DIVISION 4 – BASES

4-04 BALLAST AND CRUSHED SURFACING

4-04.1 DESCRIPTIONThis work consists of placing a sub grade for the concrete work as shown on the plans. Placement shall conform to the lines, grades, depth, and typical cross-sections shown in the Plans.

4-04.2 MATERIALSMaterials shall meet the requirements of the following sections:

Gravel Backfill 9-03.12(1)A

4-04.4 and 4-04.5 Measurement and PaymentMeasurement and Payment will be based on the portion of this item completed for the CIP Reinforced Concrete and Section 1-04.1, and include full compensation for all costs of procuring, hauling, placing, treating, or otherwise disposing of the material.

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DIVISION 6 – STRUCTURES

6-02 CONCRETE STRUCTURES Supplement with the following:

6-02.1 Description

This work consists of all concrete structures and concrete flat work associated with the project. This includes the cast in place concrete for structural retaining walls, slabs on grade, injection grout, and precast structures. This work also includes the installation of Roughness Panels and Habitat Boulders within the resting pools which are required before concrete can be poured.

6-02.2 Materials

All concrete must meet the following specifications and is classified as structural concrete.

Portland Cement 9-01Crushed Surfacing Base Course 9-03.9(3)Reinforcing Steel 9-07Grout 9-20.3Boulders 9-03.11(4)

Epoxy bonding agent for surfaces shall be Type II, as specified in Section 9-26.1. Epoxy bonding agent for steel reinforcing bar dowels shall be either Type I or Type IV, as specified in Section 9-26.1. The grade and class of epoxy bonding agent shall be as recommended by the resin manufacturer and approved by the Engineer.

6-02.3 Construction Requirements

6-02.3(1) Classification of Structural Concrete, Class 4000

Concrete mix shall have the characteristics as follows:

28 day compressive strength 4000 PSISacks of cement 6 per cubic yard of concreteSlump , maximum 3.5 inches per ASTM C1 43Water to cement ratio 0.45

6-02.3(10) A Preconstruction MeetingInclude as Written

6-02.3(11) Curing Concrete

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Include as Written for Item 1.

6-02.3(14) A Class I Surface FinishAs written for exposed surfaces and precast exposed surfaces

This section applies to all cast in place concrete, and precast concrete. Finish on surface of all concrete shall be a light broom finish.

Exposed CIP concrete surfaces shall be a light broom finish.

6-02.3(17) FormworkInclude as written.

6-02.3 (28) Precast Concrete Roughness PanelsInclude as written, with the following addition;

The precast panels are available for transport and installation from Narum Concrete in Walla Walla (509-529-8041). The contractor is responsible for loading the panels at Narum’s Yard, transport to the site and installation. Concrete saw cutting of slabs, walls, and precast panels shall be as specified for concrete cutting in section 5.01 generally and with regards to saw cutting residue removal especially in the stream bed of the Mill Creek Channel.

At the time of start of in water work for this contract, a count of (55), 7’ wide by 9’ long and a count of (4), 4’ wide by 9’ long precast roughness panels will be stored at the Narum Concrete Plant or adjacent to their facility for this project use. Transport to the site from this location will be required.

6-02.3(28)A Shop DrawingsInclude as written with the following addition;

Modify the shop drawings submittal address to that of the Project Manager as shown on the cover of these specifications. Submittals may be made by email.

No precast forms or formwork or concrete cutting shall begin before written approval is provided for the precast shop drawings as submitted.

In addition to include the following;

Concrete mix shall have the following characteristics;

28 day compressive strength 6000 PSI Foundation sillsSacks of cement 6 per cubic yard of concreteSlump , maximum as per 6-02.3 (25) BWater to cement ratio as per 6-02.3 (25) B

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Form stripping or de-molding strength 2500 PSIShipping strength 3500 PSI

Contractor shall control strength in accordance with 6-02.3 (28)D

6-02.4 MeasurementConcrete shall be measured per unit of measurement in the bid list

6-02.5 PaymentPayment will be made in accordance with Section 1-04.1 for each of the following bid items:

“CIP Reinforced Concrete”“Roughness Panel Installation”“Habitat Boulders”“Floodwall access concrete wall and footing repair reconstruction” which shall

include incidental saw cutting and excavation. “CIP Curb and Resting Pool

Construction” as shown in the contract drawings which shall include incidental forming and breaking to expose rebar prior to casting curb.

“Precast Concrete”

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DIVISION 8 – MISCELLANEOUS CONSTRUCTION

8-01 EROSION CONTROL AND WATER POLLUTION CONTROL

8-01.1 DescriptionThis section is supplemented with the following:

This Work consists of construction of a coffer dam, installing a stream bypass pipe and dewatering sumps to isolate the saw cutting and construction water discharge from flowing stream water and ground water. This section may apply to the handling of groundwater during construction and after completion of construction.

Unit Price values in this section shall not be adjustable modifiable should the quantity vary beyond the indicated quantity. Only quantity may be adjusted upward or downward.

8-01.3(1) GeneralThis section supplemented with the following:

The Contractor shall be aware of the potential for erosion, and silt entrained from newly excavated surfaces. The Contractor shall control the potential for erosion of materials from freshly exposed excavated surfaces and especially freshly and uncured concrete surfaces.

In anticipation of rain events, the Contractor shall be prepared to place erosion and sediment control Best Management Practices (BMPs) with Project Manager approval. It is the Contractor’s responsibility to install and maintain BMPs as necessary to prevent siltation. Erosion and sediment control BMPs to be used shall conform to the current Stormwater Management Manual for Eastern Washington, Department of Ecology Publication #04-10-076, Chapter 7 – “Construction Stormwater Pollution Prevention.”

8-01.3(1)C Water ManagementThis section is modified as follows:

1. Ground water and dewatering water experienced during construction shall be pumped from a sump to dewater the excavation or saw cut areas. Water that comes in contact with construction activity shall be pumped away from the site, into a sediment containment tank such as a Baker Tank, Rain for Rent or equal mobile containment tank of a size and number as determined by the contractor located outside of the Mill Creek flood channel. The Contractor shall be responsible for the proper disposal of the sediment laden water and sediment in the containment tank in an approved site as determined in the Water Management Plan. Sediment and silt laden water is not allowed to be discharged into the creek of the flood channel.

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2. Process Water. No change3. Offsite Water. No change4. Stream Water. This section added;

The contractor shall install a cofferdam and gravity bypass pipe to isolate the work area from flowing water. The 36” Pipe shown on the project plans has a calculated capacity of 40 cfs flowing full. Any water leaking around the cofferdam shall be pumped into the sediment containment tank if deemed dirty by the Engineer or if clean into the bypass pipe or downstream to ensure the work area is dewatered. The plywood or sandbag cofferdam should be located upstream of the project as shown on the project plans. This cofferdam may not exceed the impounded water height of 3.5’ measured from the lowest invert and should be located upstream from the work site enough to provide adequate slope for proper operation. The bypass pipeline shall be affixed with a child and pet grating of no greater than 4” spacing and shall include a debris skimmer so that the grating does not become fowled during weekends and nights or storm events.

The Sponsor will remove any fish trapped in the work area. Timing of fish removal shall be identified in the progress schedule submitted by the Contractor.

Dewatering and rewatering of the stream channel after completion of the instream construction shall be done gradually so there is no discernable change in streamflow downstream of the Project. Dewatering, rewatering, and any other changes to streamflow shall be done only after approval of Project Manager.

In performing work near the flowing stream, the Contractor shall pay particular attention to the conditions of issued permits and authorizations requiring the minimization of turbidity and siltation and adherence to water quality requirements.

All work shall be scheduled per the Hydraulic Project Approval issued by WDFW.

All excavation shall be done “in the dry,” meaning that no excavation shall occur where water is flowing immediately adjacent to the excavation and shall be kept greater than one vertical foot below the elevation of the excavation rim.

The contractor should also be aware of the potential for stormwater discharge during times of rainfall. Runoff from streets may enter the channel and disturb the work area. Once this water has entered the construction site the Contractor is considered the steward of this water and shall follow all previous stated conditions to protect the stream water downstream from increased sediment and turbidity loads.

8-01.4 Measurement Measurement for this work shall be on an each and lineal foot basis.

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8-01.5 PaymentPayment for these items shall be made according to the following items completed;

Dewatering sumps with pipelines to tanksSediment Containment Tanks and disposal includedDewatering dam

And on a lineal foot basis;Dewatering bypass pipelineGroundwater drainage pipe including washed rock bedding of Material Section 9-05.1(6)

8-05 CHANNEL EXCAVATION AND DISPOSAL This section is added.

8-05.1 DescriptionThe work consists of removing fill beneath the removed concrete to the lines and grades shown for the CIP Concrete and Precast Roughness Panels.

8-05.3 Construction Requirements The Contractor shall excavate and backfill to the lines, grades, slopes, and elevations shown on the Contract Drawings.

After the site is dewatered, excavation may proceed to the lines and grades shown on the plans. Material shall not be stockpiled on site, but removed and spoiled out of channel and off site at a location determined by the contractor.

8-05.4 and 5 Measurement and PaymentMeasurement and Payment will be based on the portion of this item completed for the construction of the, “CIP Concrete” and “Install Roughness Panels”. Payment is full compensation for all costs of procuring, hauling, placing, treating, or otherwise disposing of the material.

8-06 SUMP DRAINS

8-06.1 DescriptionSump drains shall be installed as required or as directed by the engineer. Sump drains shall be of the dimensions shown on the drawings and shall be formed in the concrete slab of the resting pools using 18” diameter corrugated polyethylene culvert material. Some sumps shall be used for dewatering and then left to free flow with the addition of the quarry spalls. These sumps shall be filled with quarry spalls, angular shot rock that will key in place and not be pulled out from the sump during high flows. Place the quarry spalls after no further dewatering use in construction is required. Sumps shall remain in place upon completion of the project unless noted otherwise.

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8-06.4 MeasurementMeasurement for “Sump Drains” is on an each basis which includes concrete forming, corrugated HDPE single wall pipe, excavation, form and pour concrete and placement of quarry spalls.

8-06.5 PaymentPayment for this items shall be per the bid list for:

“Erosion control and water pollution control dewatering sumps with pipes to tanks”

8-26 ACCESS This section is added.

8-26.1 DescriptionPotential access sites are shown on the drawings. This item covers all the work shown on the Contract Drawings of the project plans and any other work required to access these areas. The bid amount should include saw cutting the walls, replacing the walls with reinforced concrete, excavation, removal and replacement of any asphalt surface, installing and removing fill and concrete blocks to form access road, removal and haul of vegetation as needed.

Note: If the contractor proposes a different access plan than as shown on the drawings a written statement explaining the proposed access approach is required at the time of bidding and shall accompany the bid proposal in the form of a letter.

8-26.4 MeasurementMeasurement for “Access” is on a lump sum basis which includes concrete cutting, demolition, excavation, form and pour concrete and restoration.

8-26.5 PaymentPayment for this items shall be per the bid list for:

“Access”

8-27 SITE RESTORATION This section is added.

8-27.1 DescriptionThe work consists of:

1. Cleanup of the site, placing crushed surfacing to repair access roads, mending fences, and any other work to restore the site to original conditions.

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8-27.4 MeasurementThere will be no specific measurement for “Site Restoration”.

8-27.5 PaymentPayment will be made in accordance with Section 1-04.1 upon completion of the project as directed by the Project Manager.

DIVISION 9 – MATERIALS

9-00 Definitions and Tests

Add:9-00.10 Restrictions on Certain Foreign Purchases (As required by BPA Contract #___)

(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR Chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC’s List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. More information about these restrictions, as well as updates, is available in the OFAC’s regulations at 31 CFR Chapter V and/or on OFAC’s website at http://www.treas.gov/offices/enforcement/ofac.

(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.

Materials in Section 8 and 9

All materials specifications noted within these Contract Documents shall be as specified in Section 8 and 9, of WSDOT M41-10 unless indicated otherwise.

Conflicts in specifications shall follow the following hierarchy;

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Drawings shall be highest authority, then Special Conditions, then WSDOT M41-10 latest edition.

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DRAWINGS

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