terminal 117 c -u 1 final design report/app c... · 2012. 10. 16. · issued by: the port of...

Issued by: THE PORT OF SEATTLE COMMISSION

General Offices, Pier 69 2711 Alaskan Way Seattle, WA 98121

(Mailing Address: P.O. Box 1209, Seattle, WA. 98111)

TERMINAL 117 CLEAN-UP

at

Seaport Terminal 117

PROJECT MANUAL

Volume 1 of 1

Divisions 0 - 2

MC-0317218

Work Project #: 102365

October 16, 2012 Final EPA Design Submittal

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 0000b - Attention to Bidders

MC-0317218 / WP# 102365 0000-1 Rev. 9/30/11

ATTENTION TO BIDDERS

NOTICE

Forms must be completed and submitted with the bid as indicated below. To complete the Bid Form, signatures are required on the following:

1. Bid Form, Document 00410

2. Bid Bond or other Bid Security

3. Subcontractor Work Listing, Document 00437

4. Subcontractor Bidding Report, Document 00830

5. Addendum 1 to Resolution No. 3166, Affidavit and Certificate of Compliance, Document 00830

Documents 1, 3, 4, and 5 are included in the “Bid Package” issued to each Bidder who indicates an intention to bid the entire contract as a Prime Contractor. These documents, with the exception of Document 3, together with the bid bond or other bid security, must be fully completed and submitted with the sealed bid at time of bid opening.

Document 3 - Subcontractor Work Listing - shall be completed by all Bidders in accordance with RCW 39.30.060 and submitted with the Bid, or within one (1) hour after the published bid submittal time, to the CPO Bid Desk.

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 0000c - Notice to Bidders

MC-0317218 / WP# 102365 Rev. 8/1/11

NOTICE TO BIDDERS

NOTICE REGARDING PLANHOLDER LISTS

The contractor’s list for this job is continually changing by the addition of new planholders. The Port will make the current written list of planholders, their firm names, addresses, phone numbers and trade association available to interested parties at the Central Procurement Office Bid Desk. Planholders list is also available at the Port’s Procurement and Roster Management System (PRMS) website at https://hosting.portseattle.org/prms/; click on “Solicitations” and select this project, then click on “View Details”, then select “Planholders”.

Due to a substantial increase in planholders, selective or total lists will not be recited by way of telephone. Updated planholders lists are normally available at the plan centers.

NOTICE REGARDING SITE INSPECTION

To register for the Pre-Bid Meeting, log into PRMS at https://hosting.portseattle.org/prms/; click on “Solicitations” and then on the solicitation of interest and “View Details,” and then click on the “Events” tab and then on “Registration.” The preferred method for registration is through the Port’s PRMS website. If a bidder does not have the capability to register on-line, then he may contact Amanda Mazzuca, Contract Administrator, at (206) 787-5802 to register.

A Pre-bid Meeting and Site Tour will be held on the date, time and location indicated in Document 00100 – Advertisement for Bids. Personal protective equipment (PPE) will be as indicated in Document 00100 - Advertisement for Bids.

NOTICE REGARDING BID CLARIFICATIONS

To submit questions regarding Bidding Documents, log into PRMS at https://hosting.portseattle.org/prms/; click on “Solicitations” and then on the solicitation of interest and “View Details,” and then click on the “Questions” tab. The preferred method for submitting questions is through the Port’s PRMS website. If a bidder does not have on-line capability, submit all questions to the address in Document 00200, paragraph IB-04.02 B 1.

TABLE OF CONTENTS

MC-0317218 / WP# 102365 Rev. 10/15/12

Terminal 117 Clean-Up

TABLE OF CONTENTS

Volume 1

DIVISION 0

BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT

Document 00100 Advertisement for Bids

Document 00200 Instructions to Bidders

Document 00410 Bid Form

Document 00437 Subcontractor Work Listing

Document 00520 Agreement Forms

Document 00600 Bonds and Certificates

Document 00700 General Conditions

Document 00800 Supplementary Conditions

Document 00830 Equal Employment, Affirmative Action Requirements and Equal

Benefits

Document 00835 Training and Apprenticeship Program

Document 00850 Escrow of Bid Documentation

Document 00870 Small Contractors and Suppliers (SCS) Utilization

DIVISION 1

GENERAL REQUIREMENTS

Section 01110 Summary of Work

TABLE OF CONTENTS

MC-0317218 / WP# 102365 Rev. 10/15/12

Section 01200 Measurement and Payment Procedures

Section 01305 Preconstruction Submittals

Section 01308 Contractor’s Project Organization

Section 01310 Project Meetings

Section 01311 Project Coordination

Section 01315 Regulated Materials

Section 01324 Bar Chart Schedule

Section 01330 Submittals

Section 01340 Construction Document Management System

Section 01400 Removal Action Work Plan

Section 01410 Environmental Regulatory Requirements

Section 01451 Quality Control; Testing Laboratory Services

Section 01500 Temporary Facilities and Controls

Section 01505 Mobilization/Demobilization

Section 01570 Traffic Control

Section 01630 Substitutions

Section 01631 Pollution Prevention Planning and Execution

Section 01722 Surveying

Section 01730 As Built Record Documents

Section 01770 Project Closeout

Section 01787 Warranties and Bonds

TABLE OF CONTENTS

MC-0317218 / WP# 102365 Rev. 10/15/12

Section 01860 Safety Management

DIVISION 2

SITE WORK

PREPARER

Section 02075 Lead Controls in Construction and Demolition Port

Section 02081 Light Ballast Removal and Disposal Port

Section 02082 Removal and Disposal of Universal Waste Port

Section 02085 Asbestos Abatement Port

Section 02111 Waste Material Disposal MB

Section 02114 Stockpiling and Loading of Contaminated Soil MB

Section 02117 Contractor Design Excavation Support (Shoring) CR

Section 02220 Site Demolition MB

Section 02223 Decontamination MB

Section 02227 Deconstruction MB

Section 02245 Construction Water Management System MB

Section 02269 Trench Safety Systems CR

Section 02270 Temporary Erosion and Sedimentation Control Planning and

Execution

MB

Section 02300 Earthwork MB

Section 02325 Dredging GH

Section 02340 Earthwork Instrumentation and Monitoring FP/MB

Section 02454 Sheet Piling CR

TABLE OF CONTENTS

MC-0317218 / WP# 102365 Rev. 10/15/12

Section 02460 Steel Piles SG

Section 02488 In‐Water Structures SG

Section 02522 Monitoring Well Decommissioning and Protection MB

Section 02525 Dewatering CR

Section 02821 Chain Link Fences and Gates SG

Section 02992 Hydroseeding and Landscaping MB

APPENDICES

1 Technical Exhibit I

A T‐117 Sediment and Upland Study Area Boring and Core Location Map

B T‐117 Upland Area Boring Logs

C T‐117 Sediment Area Core Logs

D T‐117 Upland Surface Material Characteristics Map

E T‐117 Riverbank Photographs

F Sediment Physical Condition/Debris Surveys

G T‐117 Geotechnical Data Report and additional grain size and bulk density data collected in

2012

H 2008 and 2011 Riverbank Repair Design Drawings

2 Technical Exhibit II

A Draft Water Quality Monitoring Plan, T‐117 Phase 1 Sediment and Upland Cleanup (to be

finalized by Contractor)

3 Technical Exhibit III

TABLE OF CONTENTS

MC-0317218 / WP# 102365 Rev. 10/15/12

A T‐117 Regulated Building Materials Survey Report

B Polychlorinated Biphenyls Building Materials Survey

4 Technical Exhibit IV

A Boeing and the Port of Seattle Access Agreement

B South Park Marina and the Port of Seattle Access Agreement, dated 9/21/2012.

C City of Seattle and the Port of Seattle Access Agreement

REFERENCES

A Final Design Report: Phase 1 Sediment and Upland Areas, dated October 8, 2012

B T‐117 1999 and 2006 Time‐Critical Removal Action Reports

C ESA Section 7 Consultation Biological Assessment

D ESA Section 7 NMFS and USFWS Concurrence Letters

E T‐117 Building Materials Inventory

F Businesses That Accept Reclaimed Building Materials in the Seattle Area

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Table of Contents - Certification of Technical Specifications

MC-0317218 / WP# 102365 Rev. 8/1/11

CERTIFICATION OF TECHNICAL SPECIFICATIONS

Technical Specifications of this project manual were prepared by the design professionals whose initials appear opposite the Specification Division or Section in the Table of Contents. Stamps, names and initials of the Design Professionals are:

NAME INITIALS

M. Byers PE

MB


MC-0317415 / WP# 104242 Rev. 10/5/12

C. Ravano, PE CR


MC-0317415 / WP# 104242 Rev. 10/5/12

G. Hartman, PE

GH


MC-0317415 / WP# 104242 Rev. 10/5/12

F. Pita, PE

FP


MC-0317415 / WP# 104242 Rev. 10/5/12

S. Gray, PE

SG


MC-0317415 / WP# 104242 Rev. 10/5/12

End of Section

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00100 - Advertisement for Bids

MC-0317218 / WP# 102365 1.01A 00100-1 Rev. 03/14/12

Sealed bids will be received by the Director, Central Procurement Office (CPO), Port of Seattle, at the CPO Bid Desk, 2nd floor, Pier 69, Seattle, Washington, until November 13, 2012, 2:00 p.m. for:

TERMINAL 117 CLEAN-UP

Document 00437 - Subcontractor Work Listing, shall be submitted with the bid or within one (1) hour after the published bid submittal time of 2:00 p.m. The Bids will be publicly opened and read aloud at 3:00 p.m., one (1) hour after the published bid submittal time. Any bids received after the published bid submittal time of 2:00 p.m., cannot be considered, and will not be accepted by the Bid Desk. Electronic copies of the Bid Documents for this solicitation can be accessed and printed through the Port’s Procurement and Roster Management System website shown below. Copies of documents are not available for purchase from the Port of Seattle, but may be examined at the above named office Monday through Friday between 8:00 a.m. and 4:30 p.m. Bid documents are also available on CD-Rom at no charge.

The Port of Seattle is not responsible for any costs incurred in response to this Advertisement for Bids.

Mailing Address:

Port of Seattle Bid Desk Bid Desk Telephone: (206) 787-3110 2711 Alaskan Way Seattle, WA 98121

Web Address: https://hosting.portseattle.org/prms/

Bid documents will not be mailed to Bidders within the greater Seattle metropolitan area. For information if you are unable to access the internet site, please contact Amanda Mazzuca at (206) 787-5802.

The Work includes:

A. The contract work will consist of remediation of T-117 Early Action Area of the Lower Duwamish Waterway (LDW) Superfund Site located in King County, Seattle, Washington. The remediation will be conducted under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) as amended by the Superfund Amendments and Reauthorization Act (1986) (SARA) as administered by the Environmental Protection Agency (EPA). All applicable Federal, State and local regulations shall be adhered to by the Contractor.

B. The work includes labor, materials, tools, equipment, supplies, testing, transportation services, and superintendence for the Contractor to perform demolition, excavation, dredging, disposal, upland and dredge backfilling, and all related work at the T-117 EAA of the LDW.

The Engineer’s estimate range for this project is $8,000,000 - $16,000,000.

Each bid must be accompanied by a cashier’s check, money order, or surety bid bond, in an amount of not less than five percent (5%) of the total bid, made payable to Port of Seattle.

Performance and Payment bonds will be required with the Contract.

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00100 - Advertisement for Bids

MC-0317218 / WP# 102365 1.01B 00100-2 Rev. 03/14/12

Time limit for substantial completion of the work is 480 calendar days.

The Pre-Bid Meeting is on Thursday, October 25, 2012 at 9:00 a.m., at the T-117 S. Building near the Duwamish River in South Park, between 14th Ave. S., Dallas Ave. S., and S. Donovan St. A site tour will be conducted after the pre-bid meeting. Due to ongoing Port security measures, please bring government-issued ID such as WA driver’s license. Bidders shall wear Personal Protective Equipment (PPE) including Safety Vest. Prospective bidders are encouraged to register for the event as outlined in the Notice to Bidders.

The Port reserves the right to reject any and all bids, to waive any informality, to accept any alternate bids, and to make such award that it deems to be in its best interest and pursuant to the terms of the General Conditions. - Contract time extends from Award of the contract through Contract Completion as defined in the General Conditions.

The Port of Seattle is an Equal Opportunity Employer and encourages Disadvantaged Business Enterprises, Minority Business Enterprises, Women Business Enterprises and Small Business Enterprises to participate in the competitive bidding process. In support of the Small Business Community, the Port of Seattle has established a Small Contractors and Suppliers (SCS) utilization requirement of 15 % of the proposed total bid price in support of the Port of Seattle’s SCS Program. All bidders are directed to the provisions in Document 00870.

Dated at Seattle, Washington, on October 16, 2012.

AUTHORIZED BY THE PORT COMMISSION OF THE PORT OF SEATTLE

_________________________________________________________________

Paul L. Powell, Jr. Sr. Manager, Public Works Contracting, PORT OF SEATTLE

First Publication: 10/16/2012

Final Publication: 10/22/2012

End of Document

DIVISION 0 – BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONRACT Document 00200 – Instructions to Bidders

MC-0317218 / WP# 102365 00200-1 Rev. 03/21/2012

CONTENTS

ARTICLE 1 - DEFINITIONS

IB-01.01 Definitions

ARTICLE 2 - QUALIFICATION OF BIDDERS

IB-02.01 General IB-02.02 Special Qualification Questionnaires IB-02.03 RESERVED IB-02.04 RESERVED IB-02.05 Equal Employment and Affirmative Action Requirements

ARTICLE 3 – BIDDER’S REPRESENTATIONS

IB-03.01 General

ARTICLE 4 - BIDDING DOCUMENTS

IB-04.01 Availability IB-04.02 Interpretation and Clarification IB-04.03 Substitutions IB-04.04 Addenda IB-04.05 Additional Information Provided by the Port IB-04.06 Examination of the Work Site and Contract Documents

ARTICLE 5 - BONDING & INSURANCE REQUIREMENTS

IB-05.01 Bid Bond IB-05.02 Performance and Payment Bond Costs IB-05.03 Contract Bonds and Insurance Certificates IB-05.04 Power of Attorney

ARTICLE 6 - EXECUTION OF BID

IB-06.01 Form of Bid IB-06.02 Irregular Bids IB-06.03 Responsible Bidder IB-06.04 Non-Responsive Bidder IB-06.05 Alternative Bids IB-06.06 State and Local Taxes

ARTICLE 7 - SUBMISSION OF BIDS

IB-07.01 Submission of Bid IB-07.02 Timely Delivery

ARTICLE 8 - WITHDRAWAL OR MODIFICATION OF BIDS

IB-08.01 Prior to Bid Opening IB-08.02 After Bid Opening


MC-0317218 / WP# 102365 00200-2 Rev. 03/21/2012

IB-08.03 Resubmittal of Modified Bids

ARTICLE 9 - OPENING OF BIDS

IB-09.01 Public Opening IB-09.02 Reading of Bids IB-09.03 Evaluation of Bids IB-09.04 Subcontractor Work Listing

ARTICLE 10 - ACCEPTANCE OF BIDS (AWARD)

IB-10.01 Verification of Bid Prices IB-10.02 Return of Bid Security IB-10.03 Rights of the Port IB-10.04 Failure to Execute Contract IB-10.05 Notice of Intent to Award IB-10.06 Extension of Time IB-10.07 Signing of Contract IB-10.08 Cancellation of Award

ARTICLE 11 - PROTESTS

IB-11.01 Purpose IB-11.02 Timing IB-11.03 Contents of Protest IB-11.04 Administrative Appeal Procedures IB-11.05 Judicial Proceedings IB-11.06 Strict Compliance IB-11.07 Representation IB-11.08 Computation of Time IB-11.09 Acknowledgement

ARTICLE 12 - FORM OF AGREEMENT

IB-12.01 Form of Agreement

ARTICLE 13 - POST-BID INFORMATION

IB-13.01 Required Submittals

ARTICLE 1: DEFINITIONS

IB-01.01 - DEFINITIONS

All definitions set forth in the General Conditions of the Contract, or other definitions within the Contract Documents are applicable to the Bidding Documents.

A. Alternate Bid: The sum stated in the Bid offered by the Bidder to be added to or deducted from the Base Bid for Work described as a change in the project. An Alternate Bid may change price, time, scope, materials, or methods of construction.


MC-0317218 / WP# 102365 00200-3 Rev. 03/21/2012

B. Alternative Bid: A statement and price submitted by a Bidder which accompanies a conforming Bid and proposes a different design, procedure, method, product or material than that specified and is intended to accomplish the same end result as that required by the contract; all as referenced in paragraph IB-06.05 of this Document.

C. Base Bid: The sum stated in the Bid offered by the Bidder to perform the Work described as the base, to which Work may be added to or deducted from based upon the sum(s) of Alternate or Alternative bids accepted by the Port.

D. Bidding Documents: Bidding Documents include references therein, namely the Advertisement, Instruction to Bidders, Bid form, Sample forms, supplemental forms and the proposed Contract Documents including Addenda, if any, issued prior to the time specified for opening of the Bids.

E. Substitutions: The product, equipment, material, or method proposed by a Bidder or Contractor to be incorporated into this project in place of that specified. Substitutions are not Alternative Bids. Substitutions shall not be considered prior to award.

F. Unit Price: An amount stated in the Bid as the price for a particular unit of the Work measured as described within the Contract Documents.

ARTICLE 2: QUALIFICATION OF BIDDERS

IB-02.01 - GENERAL

A. Generally, no prequalification requirements are imposed prior to submitting a Bid. However, the Port of Seattle may make such investigations as they deem necessary to determine the ability of the Bidder to perform the Work. The Bidder shall furnish to the Port all such information and data for this purpose as the Port may request. The Port reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Port that such Bidder is properly qualified to carry out the obligations of the contract and to complete the Work contemplated therein.

1. In accordance with RCW 39.04.380 effective March 30, 2012, the State of Washington is enforcing a Reciprocal Preference for Resident Contractors. Any public works bid received from a nonresident contractor from a state that provides an in-state percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that nonresident contractor. A nonresident contractor from a state that provides a percentage bid preference means a contractor that:

a) is from a state that provides a percentage bid preference to its resident contractors bidding on public works contracts; and

b) at the time of bidding on a public works project, does not have a physical office located in Washington.

The state of residence for a nonresident contractor is the state in which the Contractor was incorporated or, if not a corporation, the state where the contractor's business entity was formed. All nonresident contractors will be evaluated for out of state bidder preference. If the state of the nonresident contractor provides an in-state contractor preference, a comparable


MC-0317218 / WP# 102365 00200-4 Rev. 03/21/2012

percentage disadvantage will be applied to their bid prior to contract award. This section does not apply to public works procured pursuant to RCW 39.04.155, 39.04.280, or any other procurement exempt from competitive bidding.

B. The Bidder must be familiar with all Federal, State and local laws, including RCW 18.27 Registration of Contractors, ordinances and regulations which in any manner might affect those engaged or employed in the Work, the materials, equipment or procedures used in the Work, or which in any other way would affect the conduct of the Work. It is assumed the Bidder is familiar with such laws and regulations, and no plea of misunderstanding or ignorance of the law will be considered.

C. The Bidder must be registered and licensed as may be required by the laws of the State of Washington at the time Bids are publicly opened.

D. For Small Works contracts the Bidder must be registered on the Port of Seattle Small Works Roster.

IB-02.02 - SPECIAL QUALIFICATION QUESTIONNAIRES

Special qualification questionnaires, if any, shall be submitted as requested.

IB-02.03 - RESERVED

IB-02.04 - RESERVED

IB-02.05 - EQUAL EMPLOYMENT OPPORTUNITY, AFFIRMATIVE ACTION, AND EQUAL BENEFITS REQUIREMENTS:

Bidders are required to comply with Port policies, procedures and requirements relating to non-discrimination and affirmative action in employment as set forth in the Port’s Affirmative Action Resolution, No. 3166, and equal benefits as set forth in the Port’s Equal Benefits Resolution No. 3549, copies of which are included in Document 00830.

A. Bidder must submit the following documents with its bid or be deemed non-responsive:

1. A signed Affidavit and Certificate of Compliance with Port of Seattle Affirmative Action Resolution No. 3166, which is included in the Bid package; or

2. An affirmative action plan to which the Bidder pledges to adhere and which must be found by the Port’s Compliance Officer to substantially fulfill the requirements of the Port’s Affirmative Action Resolution.

B. The successful Bidder must submit the following documents within ten (10) days after receipt of the Notice of Intent to Award:

1. Personnel Inventory Report as set forth in paragraph E of the Affidavit and Certificate of Compliance with Port Affirmative Action Resolution. A sample copy is included in the project manual.

2. Goals and Timetables, a sample copy of which is included in the project manual.


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3. Port of Seattle Union Referral Statement, a sample copy of which is included in the project manual.

C. The successful Bidder must submit the following documents within two (2) working days after receipt of the Notice of Intent to Award:

1. A completed Port of Seattle, Equal Benefits Worksheet, with Declaration.

2. And if necessary, a completed Port of Seattle, Equal Benefits Substantial Compliance Authorization Form.

ARTICLE 3: BIDDER'S REPRESENTATION

IB-03.01 - GENERAL

Each Bidder, by submitting a Bid, represents that:

A. The Bidder has read and understands the Bidding Documents and that the Bid is made in accordance with all applicable documents.

B. The Bidder has inspected or investigated the site(s) of the Work (if a site investigation was offered) and has become familiar with the local conditions under which the Work is to be performed and has familiarized itself with the quantity and character of all materials to be demolished.

C. The Bid is based upon the Work described or presented within the Bidding Documents and described in detail in the Project Manual.

D. The failure or omission of the Bidder to examine all pertinent forms, instruments, applicable statutes, or other documents shall in no way relieve the Bidder from the contractual obligations required by the Bidding Documents.

E. The Bid submitted is unconditional in all respects.

ARTICLE 4: BIDDING DOCUMENTS

IB-04.01 - AVAILABILITY

Check with Bid Desk to verify the following list is correct.

A. Informational copies of the Project Manual and Drawings will be placed on file in the Port of Seattle CPO Bid Desk and in the Following plan centers:

1. Puget Sound Area: Valley Plan Center; McGraw Hill/Dodge; McGraw Hill Plan Center; CDCC; Builders Exchange; Contractor’s Resource Center; Minority Contractors; Sub-Hub; Daily Journal of Commerce; SW WA Contractor’s Assoc.; Northwest Contractor’s Network;

2. Spokane Area: AGC – Spokane; Associated Builders & Contractors;

3. Oregon Area: DJC Plan Center; Eugene Builders Exchange; McGraw Hill Plan Ctr. c/o Willamette Print & Blueprint Co.; Oregon Contractors; Willamette Valley Bid Center;

4. Other: Reed Construction Data, Norcross, GA.

B. Copies of the Project Manual and Drawings are not available for purchase from the Port of Seattle, but may be examined at the Central Procurement Office, Port of


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Seattle, Pier 69, Seattle, Washington. Bid documents are also available on CD-Rom at no charge.

C. Only complete sets of Bidding Documents shall be used in preparing bids. The Port of Seattle assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

D. Bidding Documents issued as stated above are for bidding purposes only. The Port does not confer a license or grant for any other use.

IB-04.02 - INTERPRETATION & CLARIFICATION

A. Bidders shall promptly notify the Port of ambiguities, inconsistencies, or errors, if any, which they may discover upon examination of the Bidding Documents or of the site and local conditions.

B. Interpretations and Clarifications

1. Every request for interpretation or clarification should be submitted using the Port’s website. If a Bidder does not have on-line capability, then submit in writing, addressed to the Bid Desk, Port of Seattle, P.O. Box 1209, Seattle, WA 98111 or fax to (206) 787-3707. To be given consideration the request must be received seven (7) working days prior to the date fixed for the opening of the bids.

2. The Port’s responses, if there are any, which do not change the Scope of Work described in the contract documents may be mailed, delivered, telegraphed, faxed, or by other electronic means, to all planholders of record, at the respective address furnished for such purposes, prior to the date fixed for the receipt of bids. Such letters of clarification shall not be considered part of the contract documents and therefore need not be acknowledged by the Bidders as part of the Bid Form. The Port will determine at its sole discretion whether or not any clarification or interpretation changes the Scope of Work and should be included in the Contract Documents.

3. Clarifications, interpretations, or supplemental instructions which do change the Scope of Work and or schedule described in the contract documents, will be issued only in the form of written addenda.

C. Oral interpretations or clarifications will be without legal effect.

IB-04.03 - SUBSTITUTIONS

A. The product, equipment, materials, or methods described or noted within the Bidding Documents, whether currently available or not, are to establish a standard of quality, function, appearance and dimension. A proposed substitution shall have equal attributes in all respects.

B. No substitution will be considered unless a written request for approval is submitted by the Contractor, after Award, in accordance with the applicable provisions of Section 01630 of these specifications. Each such request shall describe the proposed substitution in its entirety including name of the material or equipment, drawings, catalog cuts, performance or test data and all other information required for an evaluation. The submittal shall also include a statement noting all changes required in adjoining, dependent or other interrelated work


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necessitated by the incorporation of the proposed substitute. The Bidder shall bear the burden of proof of merit of the proposed substitution. The Director, Engineering Services decision of approval or disapproval of a proposed substitution shall be final.

C. For Small Works Time and Material On Call Contracts, A and B above do not apply. The contractor shall furnish materials that are acceptable to the CM for inclusion in its work as authorized by the Work Authorization.

IB-04.04 - ADDENDA

A. Addenda will be issued on the Port’s Procurement and Roster Management System https://hosting.portseattle.org/prms/. Bidder is required to sign up as a planholder to receive addenda notifications prior to the date fixed for the receipt of bids. Addenda for major construction projects will also be available at the Port of Seattle Bid Desk.

B. Each Bidder shall acknowledge on Bid that it has obtained all addenda issued.

C. All addenda so issued shall become part of the Contract Documents.

IB-04.05 - ADDITIONAL INFORMATION PROVIDED BY THE PORT

The Port is unaware of other documents containing information that would aide in preparing a bid for this work.

IB-04.06 - EXAMINATION OF THE WORK SITE AND CONTRACT DOCUMENTS

The Contractor may make a pre-bid examination of the site by registering online through the Port’s Procurement and Roster Management System https://hosting.portseattle.org/prms/. Pre-bid tours are scheduled for April 20, 2012.

The premises will be made available prior to the deadline for submission of bids for whatever inspections and tests prospective bidders deem appropriate.

ARTICLE 5: BONDING & INSURANCE REQUIREMENTS

IB-05.01 - BID BOND

Each Bid shall be accompanied by a Bid security, cashier’s check, money order, or surety bid bond, in the amount of not less than five percent (5%) of the total bid including Alternates, if any. A bid bond shall not be conditioned in any way to modify the minimum five percent (5%) required. Surety companies executing Bid Bonds must appear on the U.S. Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of Washington. In addition, the surety must be rated “A-, FSC (VI)”, or higher by A.M. Best Rating Guide. Checks shall be payable to the Port of Seattle.

IB-05.02 – PERFORMANCE AND PAYMENT BOND COSTS

The costs or premiums for all bonds shall be paid by the successful bidder.

IB-05.03 - CONTRACT BONDS AND INSURANCE CERTIFICATES

Prior to the execution of the Contract, the successful bidder shall furnish in a form satisfactory to the Port, Insurance Certificates, Performance Bond and a Payment Bond


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covering the faithful performance of the Contract and the payment of all obligations arising there under. Each bond shall be in the full amount of the Contract Sum.

IB-05.04 - POWER OF ATTORNEY

Attorneys-in-fact who sign Bid Bonds or Contract Bonds must file with each bond a certified and effectively dated copy of their Power of Attorney.

ARTICLE 6- EXECUTION OF BID

IB-06.01 - FORM OF BID

A. Bids shall be submitted on the forms provided by the Port.

B. All blanks on the Bid Form shall be filled in by typewriter or printed by hand in ink.

C. For lump sum Bids the total Contract lump sum price shall be submitted.

D. Where so indicated by the makeup of the Bid Form, sums shall be expressed in figures only.

E. For unit price Bids a price shall be submitted for each item of the Work, an extension thereof, and the total amount bid. Such prices shall be stated in clearly legible figures only and shall be in ink or typed.

F. Alterations, erasures, or interlineations, if any, shall be in ink and initialed by the signer of the Bid.

G. The Bidder shall make no additional conditions or stipulations on the Bid or qualify its Bid in any manner.

H. The Bid Form shall include the legal name and registration number of the Bidder and a statement indicating whether Bidder is a sole proprietor, a partnership, a corporation, joint venture, or other legal entity. The Bid Form shall be signed by the person or persons legally authorized to bind the Bidder to a contract and shall be accompanied by satisfactory evidence of such authorization. A Bid submitted by an agent shall have a current Power of Attorney attached certifying agent’s authority to bind the Bidder.

I. The Bid Form shall not become a part of the Contract Documents except by inclusion into the Agreement.

IB-06.02 - IRREGULAR BIDS

A bid shall be considered irregular and may be rejected by the Port for any of the following reasons:

A. If the Bid Form furnished or authorized is not used or is altered;

B. If the Bid Form is incomplete or if any required supplemental documents contain any additions, deletions, unauthorized alternate bids, conditions, or otherwise fail to conform to the Port of Seattle requirements;

C. If the Bidder adds any provisions reserving the right to reject or accept the award, or enter into the contract;

D. If the Bid fails to include a unit price for every bid item;


MC-0317218 / WP# 102365 00200-9 Rev. 03/21/2012

E. If the Port deems any of the Bid prices to be excessively unbalanced either above or below the amount of a reasonable bid for the item of work to be performed to the potential detriment of the Port.

F. If Bid is not based on United States of America dollars;

G. If the Bid or Bid Bond is not properly executed, or shows an incorrect amount;

H. If the Port, for good cause, deems the Bid security inadequate.

IB-06.03 - RESPONSIBLE BIDDER

It is the intent of the Port to award a contract to the “lowest responsible Bidder”. Before award, the Bidder must meet the following Bidder responsibility criteria to be considered a responsible Bidder. The Bidder may be required by the Port to submit documentation demonstrating compliance with the criteria. The Bidder must:

A. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal;

B. Have a current Washington Unified Business Identifier (UBI) number;

C. If applicable:

1. Have Industrial Insurance (workers’ compensation) coverage for the Bidder’s employees working in Washington, as required in Title 51 RCW;

2. Have a Washington Employment Security Department number, as required in Title 50 RCW;

3. Have a Department of Revenue state excise tax registration number, as required in Title 82 RCW;

D. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3) and must not have violated the “Off-Site Prefabricated Non-Standard Project Specific Items” reporting requirements more than one time as determined by the Department of Labor and Industries.

E. Meet the minimum Small Contractors and Suppliers utilization requirements in accordance with Project Manual Document 00870.

F. Meet any supplemental criteria requirements, if applicable.

G. A Bidder may be deemed not responsible and its Bid rejected if:

1. More than one Bid on the same project from a Bidder under the same or different names.

2. Evidence of collusion with any other Bidder or Bidders. Participants in such collusion may be disqualified from submitting Bids on further work.

H. If requested, the apparent low Bidder must provide within two (2) business days of receiving the Port’s request, the following:

1. Information demonstrating that the Bidder is responsible, consistent with the criteria set forth in RCW 43.19.1911(9) or above. The Port may specifically request information addressing any of the items listed in the RCW or above. The Port reserves the right to request such documentation from other Bidders also.


MC-0317218 / WP# 102365 00200-10 Rev. 03/21/2012

I. If the Port determines that the apparent low Bidder is not responsible, the Port will notify the Bidder of its preliminary determination in writing. Within two (2) days of receipt of the preliminary determination, the Bidder may either withdraw its bid or protest the Port’s determination by presenting additional information to the Port. (Protest procedures are outlined in Document 00200 IB-11.02 and IB-11.03.) The Port will consider the additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Port will not execute a contract with any other Bidder until two (2) business days after the Bidder determined to be not responsible has received the final determination.

IB-06.04 - NON-RESPONSIVE BIDDER

A. A Bidder may be declared non-responsive for failure to comply with the EEO requirements in these Instructions to Bidders or in Document 00830 of the Project Manual.

B. A Bidder will be declared non-responsive for failure to comply with the Apprenticeship program requirements of Document 00835 when included in the project manual.

IB-06.05 - ALTERNATIVE BIDS

At the time of bidding, any Bidder having submitted a conforming bid may, in addition, submit with bid an “Alternative Bid” based on plans and specifications provided by the Bidder which it considers to be in the interest of the Port. The Bidder’s “Alternative Bid” shall be accompanied by sufficient information to indicate the bid is for a different design, procedure, method, product, or material than specified and is to be prepared, supplied and provided by the Bidder who assumes all responsibility therefore. The information submitted with the “Alternative Bid” shall describe the various attributes in detail to allow the Port to evaluate the alternative in all respects. The Port may consider such alternatives in evaluating bids and shall be the sole judge as to whether or not such alternatives are in its best interest.

IB-06.06 - STATE AND LOCAL TAXES

Bidders shall not add State and local retail sales taxes to any Bid Price except as may be provided for in the Bid Form Schedule of Prices.

ARTICLE 7: SUBMISSION OF BIDS

IB-07.01 - SUBMISSION OF BID

A. The Bid, the bid security if applicable and all other documents required to be submitted with the Bid shall be sealed in an opaque envelope. The envelope shall be clearly marked with the words “Bid By” followed by the name and address of the Bidder, the Port designated project name, and the date and time for the opening of the Bid.

B. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation “BID ENCLOSED” on the face thereof.

C. Oral, telephonic, or telegraphic bids are invalid and will not receive consideration.


MC-0317218 / WP# 102365 00200-11 Rev. 03/21/2012

D. No Bid shall be considered which has not been received by the Director, Central Procurement Office before the time fixed for the opening of Bids in the published call for Bids.

IB-07.02 - TIMELY DELIVERY

Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

ARTICLE 8: WITHDRAWAL OR MODIFICATION OF BIDS

IB-08.01 - PRIOR TO BID OPENING

Prior to the time and date designated for the receipt of Bids, a Bidder may withdraw or modify a Bid submitted earlier. Withdrawal, or modification, of the Bid shall be by written notice signed by the Bidder, or by telegram received prior to the time and date designated for the receipt of Bids. Modifications submitted via electronic means shall be followed by written confirmation mailed and postmarked on or before the date set for receipt of Bids and shall include reasonable assurance of Bid security changes if applicable.

IB-08.02 - AFTER BID OPENING

A Bid may not be modified, withdrawn or canceled by the Bidder after the time and date set for the opening and for the period of time stipulated in the Bid Form. By submitting a Bid the Bidder agrees to the above conditions.

IB-08.03 - RESUBMITTAL OF MODIFIED BIDS

A Bid which has been withdrawn or modified prior to the time and date designated for the receipt of Bids may be resubmitted. The resubmitted Bid will be considered valid only if it is received prior to the date and time originally set for the receipt of Bids and contains the Bid security covering all modifications, and all documents requested in the original submittal, signed and initialed as mentioned heretofore.

ARTICLE 9: OPENING OF BIDS

IB-09.01 - PUBLIC OPENING

Bids will be opened and read publicly at the time indicated in the call for Bids unless the Port has changed through Addendum the date of opening Bids to another date, rejected any Bid or Bids, or has canceled the call for Bids. Bidders, their authorized agents, and other interested parties are invited to be present.

IB-09.02 - READING OF BIDS

Unless stated otherwise in the Advertisement, all Bids which have been properly identified and received will be publicly opened and read aloud. No evaluation of the Bids will be made at that time except for the announcement of the “Apparent Low Bidder,” if pertinent.

IB-09.03 - EVALUATION OF BIDS

After evaluation by the Director, Central Procurement Office and recommendation to the Port of Seattle Commission, the Port retains the right to reject any or all Bids.


MC-0317218 / WP# 102365 00200-12 Rev. 03/21/2012

IB-09.04 - SUBCONTRACTOR WORK LISTING

Subcontractor Work Listing Document 00437 shall be completed, if required, and submitted with the Bid or within one (1) hour after the published Bid submittal time. This requirement is for all contract bids equal to or exceeding $1,000,000 and applies to all subcontractors and bidder work in heating, ventilation, air conditioning, plumbing or electrical categories. Failure to complete and submit this document may result in the Bid being declared not responsive.

ARTICLE 10: ACCEPTANCE OF BIDS (AWARD)

IB-10.01 - VERIFICATION OF BID PRICES

To read: “The total of extensions, corrected where necessary, will be used as the amount of the Bid for award purposes.”

When Bids are opened and read, they will be checked for mathematical accuracy with respect to the extensions of unit bid prices and the total Bid price. If there is a discrepancy between a unit Bid price and the extended amount of any Bid item, the unit Bid price shall control. The total of extensions, corrected where necessary, will be used as the amount of the Bid for award purposes and will fix the amount of the Contract bonds.

IB-10.02 - RETURN OF BID SECURITY

As soon as Bid prices have been compared, the Director, Central Procurement Office will return the Bid security accompanying any Bids which would not be considered in making the award. All other Bid securities will be held until the Contract and bonds have been executed, after which all remaining Bid securities, except such as have been forfeited, will be returned to the Bidders.

IB-10.03 - RIGHTS OF THE PORT

A. The Port shall have the right to waive any informality or irregularity in any Bid received.

B. The right is reserved to accept a Bid of the lowest responsible Bidder, an Alternative Bid, if applicable, based upon plans and specifications prepared by the Bidder, to reject any or all Bids, republish the call for Bids, revise or cancel the work to be performed, or to do the work otherwise, if in the judgment of the Port Commission, the best interest of the Port is served thereby.

C. Bidders are advised that regulations governing the permit application and approval process are becoming so complex and uncertain as to results that this project may not receive the approval of all regulatory agencies and therefore may not be awarded to any Bidder, notwithstanding that the price offered is within the budget approved by the Commission.

D. The Port reserves the right to require Escrow of Bid Documents at any time prior to award, or at the time of award of the contract, per Port procedures outlined in Document 00850 - Escrow of Bid Documentation. In addition, the Port may also require Escrow of the designated Subcontractor Bids for Subcontracts exceeding 20% of the Bid Amount for the Project Work. Bid Documentation includes, but is not limited to legible copies of all writings, working papers, computer printouts, charts and any other data compilations which contain or reflect all information, data and calculations used by the Contractor (or Subcontractor) to determine the


MC-0317218 / WP# 102365 00200-13 Rev. 03/21/2012

bid in bidding for this project. Such bid documentation shall be placed in escrow at a banking institution designated by and paid for by the Port.

IB-10.04 - FAILURE TO EXECUTE CONTRACT

If the Bidder awarded the Contract fails to execute the Contract and furnish satisfactory bonds within ten (10) days from receipt of the Notice of Intent to Award, or declares in writing its intent to not execute the Contract, the Bid deposit shall be forfeited to the Port and the Port Commission may provide Notice of Intent to Award to the second lowest responsible Bidder. If the second lowest responsible Bidder fails to enter into the Contract and furnish bonds within ten (10) days after receipt of the Notice of Intent to Award, forfeiture of its Bid deposit shall also be made and the Contract may be awarded to the third lowest responsible Bidder, and in like manner until the Contract and bonds are executed by a responsible Bidder to whom award is made, or further Bids are rejected or the number of Bids is exhausted.

IB-10.05 - NOTICE OF INTENT TO AWARD

A. Prior to issuing the Notice of Intent to Award, the Bidder must first be certified by the Port’s Contract Compliance Officer as having complied with the requirements of Port of Seattle Resolution No. 3166.

B. The successful Bidder will receive a “Notice of Intent to Award” by Certified, Express Mail, or private courier. The letter will direct the Bidder to submit Certificates of Insurance, and the required bonds and EEO information for review and approval within ten (10) days after receipt.

C. The Bidder shall also execute the Agreement form, furnished by the Port Commission, within ten (10) days after receipt of the “Notice of Intent to Award.”

D. The successful Bidder shall comply with the requirements of Document 00850 - Escrow of Bid Documentation, if applicable, within ten (10) days of the Port’s request for Escrow of Bid Documentation.

E. The successful Bidder shall comply with the requirements of Resolution 3549 Equal Benefits, within two (2) working days after receipt of the “Notice of Intent to Award.” Compliance is initially demonstrated by providing a completed and endorsed POS Equal Benefits Compliance Worksheet with Declaration and, if needed, a completed and endorsed POS Equal Benefits Substantial Compliance Authorization Form, provided in the project manual.

IB-10.06 - EXTENSION OF TIME

If the Contract is not executed or not provided within the time required, and there appears circumstances which the Port Commission deems to warrant an extension of time, it may extend the time for execution of the Contract or for furnishing bonds for not to exceed ten (10) additional days.

IB-10.07 - SIGNING OF CONTRACT

Copies of Contract Documents shall be signed by the Port Commission or Authorized Representative and the Contractor.

IB-10.08 - CANCELLATION OF AWARD


MC-0317218 / WP# 102365 00200-14 Rev. 03/21/2012

The Port reserves the right to cancel its Intent to Award of any Contract at any time before the execution of said Contract by all parties without liability to the Port.

ARTICLE 11: PROTESTS

IB-11.01 - PURPOSE

To provide a prompt, fair and equitable administrative remedy to all Bidders and Prospective Bidders regarding alleged substantive errors or omissions in the bidding documents or regarding the decision by the Port to award the Contract or notice from the Port that a Bid is non-responsive or that a Bidder is not responsible.

IB-11.02 - TIMING

Any actual or prospective Bidder showing a substantial economic interest in this Contract, who is aggrieved by either the solicitation or award of this Contract, may PROTEST to the Port, only in accordance with the procedures set forth below.

A. Protests Based on the Form or Content of the Bidding Documents: Any Protest based on the form or content of the bidding documents, which is or should have been apparent prior to the date established for submittal of Bids, must be clearly labeled on the transmittal envelope as a “Protest” and filed as soon as practicable at 2711 Alaskan Way, P.O. Box 1209, Seattle, WA 98111, Attention: Director, Central Procurement Office, Contract Administrator. No protest based on the form or content of the bidding documents will be considered if received by the Port later than ten (10) calendar days prior to the specified bid submittal date.

B. Other Protests: Protests based on any other circumstances must be received by the Port at 2711 Alaskan Way, P.O. Box 1209, Seattle, WA 98111, Attention: Director, Central Procurement Office, Contract Administrator in a transmittal envelope, clearly marked “Bid Protest”, within two (2) business days after the aggrieved person knows or should have known of the facts and circumstances upon which the protest is based; provided, however, that in no event shall a protest be considered if all Bids are rejected or if the protest is received after award of the Contract.

IB-11.03 - CONTENTS OF PROTEST:

To be considered, a Protest shall be in writing and shall include: (1) the name, street address, fax number and email address of the aggrieved party; (2) the contract title and number under which the Protest is submitted; (3) a detailed description of the specific grounds for the Protest and any supporting legal and/or factual documentation; and (4) the specific ruling or relief requested. In addition, in the event the protesting party asserts its responsibility as a contractor as a ground for Protest, it must address in detail each of the matters addressed in RCW 43.19.1911(9).

A. Initial Administrative Review: The Protest shall be promptly considered on the written submittal by the Contract Administrator. The Contract Administrator will give notice of the Protest and provide a copy to any others as required. In its sole discretion, the Contract Administrator may give notice of the Protest to other interested parties, including other Bidders. The Port reserves the right to resolve or to attempt to resolve any Protest that concerns the form or content of the solicitation and which Protest was received before the bid opening through written


MC-0317218 / WP# 102365 00200-15 Rev. 03/21/2012

ADDENDA TO THE BIDDING DOCUMENTS. Any ADDENDA will be provided to all parties who have obtained a copy of the solicitation from the Port.

B. The Contract Administrator will issue a written decision on the Initial Administrative Review within two (2) business days following the receipt of the Protest, stating the reasons for the action taken. A copy of the decision shall be provided to the aggrieved party, and any other party as may be required, by either: (i) personal service, (ii) facsimile, or (iii) email, with telephonic confirmation.

C. The aggrieved party may appeal the decision of the Contract Administrator by filing a Notice of Administrative Appeal at 2711 Alaskan Way, P.O. Box 1209, Seattle, WA 98111, Attention: Director Central Procurement Office, Contract Administrator not more than two (2) business days after receipt of the Initial Administrative Review decision. The Contract Administrator will provide a copy of the Notice of Administrative Appeal to other interested parties as required. The Notice of Administrative Appeal shall be in writing and clearly labeled on the transmittal envelope as a “Notice of Administrative Appeal.” A copy of the initial Protest shall be attached to the Notice of Administrative Appeal.

IB-11.04 - ADMINISTRATIVE APPEAL PROCEDURES

Within five (5) business days of receipt of the Notice of Administrative Appeal, an appeal hearing shall be conducted before a two person panel (“the Panel”) consisting of a representative of the Port of Seattle’s legal department and the Port’s Director of Central Procurement Office or, in his/her absence or unavailability, his/her designee.

A. Except as the Panel may allow in its discretion, no discovery shall be available.

B. At the Administrative Appeal Hearing, the aggrieved party will be given a reasonable opportunity to present relevant testimony and evidence and to make legal arguments. The hearing shall be recorded and the Panel shall maintain an official record of all documentary evidence presented at the hearing. The Panel shall issue a written Final Decision within five (5) business days after the close of the hearing. A copy of the Final Decision shall be provided to the aggrieved party, and any other party as may be required, by either: (i) personal service, (ii) facsimile, or (iii) email, with telephonic confirmation.

C. Standard of Review on Administrative Appeal: On Administrative Appeal, the Panel will consider the Protest, de novo. The aggrieved party shall, however, be restricted from raising any matter or ground not reasonably within the scope of the materials placed before the Contract Administrator.

D. Stay of the Award of the Contract: The Port will stay award of the Contract for two (2) business days, following the issuance of its Final Decision.

IB-11.05 - JUDICIAL PROCEEDINGS

All judicial proceedings must be filed within two (2) business days of the issuance of the Port’s Final Decision.

IB-11.06 - STRICT COMPLIANCE

Strict compliance with these protest procedures is essential in furtherance of the public interest. Any aggrieved party that fails to comply strictly with these protest procedures is deemed, by such failure, to have waived and relinquished forever any right or claim with respect to alleged irregularities in connection with the solicitation or award of the Contract.


MC-0317218 / WP# 102365 00200-16 Rev. 03/21/2012

No person or party may pursue any judicial or administrative proceedings challenging the solicitation or award of this Contract, without first exhausting the administrative procedures specified herein.

IB-11.07 - REPRESENTATION

An aggrieved party may participate personally or, if a corporation or other artificial person, by a duly authorized representative. Whether or not participating in person, an aggrieved party may be represented, at the party’s own expense, by counsel.

IB-11.08 - COMPUTATION OF TIME

In computing any period of time prescribed by this procedure, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period shall be included. The term “business day” shall mean any day on which the Port of Seattle is open for regularly conducted business. Any document received after the close of regular business hours (8:00 a.m. to 5:00 p.m.) shall be deemed received the following business day.

IB-11.09 - ACKNOWLEDGEMENT

By submitting a bid in response to this solicitation, the Bidder acknowledges that it has reviewed and acquainted itself with the bid protest procedures herein and agrees to be bound by such procedures as a condition of submitting a bid.

ARTICLE 12: FORM OF AGREEMENT

IB-12.01 - FORM OF AGREEMENT

Unless otherwise provided in the Supplementary Conditions, the Contract for Work will be executed on the Port’s standard Agreement form, a sample of which is included in Document 00520 - Agreement Forms, for Work between the Port and the Contractor.

ARTICLE 13: POST-BID INFORMATION

IB-13.01 - REQUIRED SUBMITTALS

A. Prior to award of the Contract, the Bidder being considered for award will be required to ensure the Port’s Contract Compliance Office has on file certificates or statements indicating that Unions or Worker Referral Agencies have no practices or policies which are contrary to Section 2, Exhibit A of Port of Seattle Resolution No. 3166.

B. Within ten (10) days after receipt of the Notice of Intent to Award, the Bidder shall submit the following information to the Director, Central Procurement Office:

1. A designation of the Work to be performed by the Bidder with its own forces.

2. The proprietary names of the principal items, systems and material to be incorporated into the Work and the names and addresses of the suppliers.

3. A list containing the name and address of the proposed superintendent, major subcontractors, or other persons or organizations proposed for the principal portions of the Work.


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4. If an Apprentice participation is required by the Project Manual, the Bidder shall submit documentation of its proposed program.

5. Written confirmation, in a form reasonably acceptable to the , that any DBE firm listed by the Bidder as participating in the Contract will in fact participate as provided in the Disadvantage Business Enterprise Proposal Form submitted by the Bidder at the time of the Bid, if applicable.

C. Before a Contract is awarded, the Bidder being considered for award may be required to furnish a complete statement as to the origin, composition and manufacture of materials to be used in the construction of the Work, together with samples, which samples may be subjected to tests to determine the quality and fitness for the Work as provided under the Contract.

D. Other required submittals are described elsewhere in these specifications.

End of Document

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00410 - Bid Form

MC-0317218 / WP# 102365 00410-1 Rev. 10/12/12

Contractor Name: _________________________

Date: _________________________

Project Number: 102365

Name of Project: T-117 Cleanup

TO: Port of Seattle Commission General Offices, Pier 69 2711 Alaskan Way, 2nd Floor, Bid Desk Seattle, Washington 98121

1. Bid: Having carefully examined the Contract Documents titled:

Terminal 117 (T-117) Cleanup Sediment & Upland Areas

as well as the site of the project and conditions affecting the work, the undersigned proposes to furnish all the labor, materials, equipment, superintendence, insurance and other accessories and services necessary to perform and complete all of the work required by and in strict accordance with the above documents and the implied intent thereof, for the following schedule of prices:

ITEM

NO. ITEMS OF WORK BID QUANTITY UNITS UNIT PRICES AMOUNT

$ ¢ $ ¢

1 Mobilization and Demobilization

1 LS

2 Traffic Control (includes Traffic Signs)

1 LS

3 Removal Action Work Plan

MINIMUM BID = $100,000

1 LS

4 Site Demolition 1 LS

5 Deconstruction 1 LS

6 Construction Water Management System

1 LS

7 Construction Water Management System-Force Account

1 FA $200,000 00 $200,000 00


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8 TESC – Execution 1 LS

9 TESC – Force Account 1 FA $50,000 00 $50,000 00

10 Trench Safety Systems 1 LS

11 Upland and Riverbank Subtitle “D” Waste

1 LS

12 Upland and Riverbank Additional Subtitle "D" Waste

3,600 CY

13 Upland and Riverbank Subtitle “C” Waste

1 LS

14 Contractor Designed Support

1 LS

15 Shoreline Sheet Piling 1 LS

16 Offshore Subtitle “D” Waste: Dredging

1 LS

17

Offshore Subtitle “D” Waste: Disposal

21,600 Ton

18 Additional (Cleanup Pass) Offshore Subtitle "D" Waste: Dredging

220 Hour

19 Upland Re-Grading 1 LS

20 Riverbank Armor/Riprap 4,500 Ton

21 Sediment Backfill 7,900 Ton

22 Surveying - Upland 1 LS


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23 Surveying - Offshore 1 LS

24 Marina Removal Area 4 4 hour Durations

25 Marina Soil Disposal 70 Ton

26 Marina Riprap Restoration 70 Ton

27 In-Water Structures 1 LS

28 Pile Driving Unanticipated Obstructions – Force Account

1 FA $50,000 00 $50,000 00

29 Permanent Chain Link Fence

1,680

LF

30 Permanent Chain Link Gates

1 LS

TOTAL BID PRICE:

2. State Sales Tax: State or Local retail sales taxes have not been added to the Total Bid Price stated above, except as may be provided for “Public Road Construction” in GC-04.10 of the General Conditions, these Contract Documents.

3. Completion: The undersigned agrees to substantially complete all of the work included in this Contract within 500 calendar days as provided for in the General Conditions.

4. Progress Payment Retention: In accordance with RCW 60.28.010, the undersigned elects that, during the life of the Contract, the money withheld from Contract progress payments be retained in the financial institution indicated below. Failure to indicate a choice shall be construed as approval of Item (a).

a. A fund with the Port. (There is no interest with this option) (Initials)

b. An interest bearing account with a bank which is listed on the State of Washington Public Depositaries current list.

i. ________________________________________________ (Name of Bank, Mutual Savings Bank or S&L Assoc.) (Initials)


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ii. _ (Address)

c. Placed on deposit at the bank which is listed on the State of Washington Public Depositories current list or trust company to be converted into bonds and securities chosen by the Contractor and approved by the Port of Seattle, with said approval granted for bonds and securities listed below. Selected bonds and securities to be held in escrow until authorized release of retained funds.

i. ________________________________________________ (Name of Financial Institution) (Initials)

ii. _ (Address)

iii. _ (Type of Security; see authorized list below)

(1) Bills, certificates, notes or bonds of the United States;

(2) Other obligations of the United States or its agencies;

(3) Obligations of any corporation wholly owned by the government of the United States;

(4) Indebtedness of the Federal National Mortgage Association;

(5) Repurchase agreements secured by U.S. government obligations;

(6) Bankers Acceptance purchased on the secondary market.

NOTE: Accounts and deposits made under Items (b) and (c), above, must be in a bank which is listed on

the State of Washington Public Depositaries current list.

5. Addenda: Receipt of addenda numbered [___] through [___] is hereby acknowledged.

6. Legal Representation: In all legal matters relating to this Contract, the undersigned will be represented by:

_________________________________________________________________________________

_________________________________________________________________________________

7. Bid Withdrawal: The above bid will not be withdrawn within ninety (90) days after the actual date of the opening thereof.

8. Other Documents Requiring Execution: The bidder must comply with these conditions and must submit with its bid the following signed documents:

a. Affidavit and Certificate of Compliance with Port of Seattle Affirmative Action Resolution No. 3166, as amended; or, a statement pledging adherence to an existing Contractor affirmative action plan, submitted with the bid, which must be found by the Port’s Compliance Officer to substantially fulfill the requirements of Resolution No. 3166, as amended.

b. Bid Security - See “Instructions to Bidders,” paragraph IB-05.01.


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9. By submission of this bid, each bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that this bid has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this bid with any other bidder or with any competitor.

FAILURE OF A BIDDER TO SUBMIT THE FORMS WITH ITS BID, EXECUTED WHERE REQUIRED, MAY DISQUALIFY THE BID.

Contractor

Individual Proprietor Partnership

Limited Liability Company Corporation Joint Venture

Washington Employment Security Department No. ______________ in accordance with Title RCW 50.

Washington State Reg. No. __________________ since ___________ expires ___________ (date) (date)

By: _____________________________________ ___________________________ (Name; please print) (Title)

________________________________________ (Signature)

Name Partners (if a Partnership):________________________________________

________________________________________

________________________________________

Address: ___________________________________________________________________

Phone: ________________________

End of Document

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00437 - Subcontractor Listing Form

MC-0317218 / WP# 102365 00437-1 Rev. 8/1/11

1. The Port of Seattle estimates that this major construction project may cost $1,000,000 or more. All Bidders shall pursuant to R.C.W. 39.30.060, with the bid submission or within one (1) hour after the published bid submittal time, submit to the Port of Seattle Central Procurement Office Bid Desk, a listing of contract work to be performed by themselves and their subcontractors.

a. List and identify all subcontractors that will perform heating, ventilation, air conditioning, plumbing or electrical work, and the category of work to be performed. If the work for any of these categories will be self-performed by the Bidder, the Bidder must list themselves.

b. The bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the bidder must indicate which subcontractor will be used for which alternate.

2. Use the form titled “SUBCONTRACTOR LISTING FORM” provided by the Port of Seattle to report subcontractor work and work to be performed by Contractor.

3. Bidders are required to submit this completed form with their bid regardless of the Bidder’s actual bid amount.

4. Failure of the bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the bidder’s bid non-responsive and, therefore, void.

End of Document

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00437 - Subcontractor Listing Form

MC-0317218 / WP# 102365 00437-2 Rev. 8/1/11

SUBCONTRACTOR LISTING FORM – RCW 39.30.060

Pursuant to RCW 39.30.060, for every invitation to bid that is expected to cost one million dollars or more for the construction, alteration, or repair of any public building or public work, the Bidder shall list as part of its bid in the space provided below either itself or the names of the subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW. The Bidder shall ensure that two or more subcontractors are not performing the same scope of work.

The Bidder shall comply with RCW 39.30.060. Failure to comply with RCW 39.30.060 shall render the bidder’s bid nonresponsive and, therefore, void. The requirement of this section to name the Bidder's proposed HVAC, plumbing, and electrical subcontractors applies only to proposed HVAC, plumbing, and electrical subcontractors who will contract directly with the Bidder.

The Port estimates this major construction project may cost one million dollars or more; therefore, Bidders are required to complete and submit this form with their bid.

SUBCONTRACTOR(S) PERFORMING HVAC, PLUMBING OR ELECTRICAL WORK

CATEGORY OF WORK NAME OF FIRM

HVAC

Plumbing

Electrical

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00520 - Agreement Forms

MC-0317218 / WP# 102365 00520-1 Rev. 8/1/11

The following documents are included in these specifications as samples, in order that the Bidder be informed of his responsibilities and the requirements of the Contract, in the event the Bidder is awarded the Contract:

1. “Agreement”

2. “Escrow Agreement”

3. “Interest Bearing Account Agreement”

4. “Contract Change Order”

5. “Contractor’s Release of Claim”

6. “Certificate of Contract Completion”

End of Document

MC-0317218 / WP# 102365 Page 1 of 1

AGREEMENT

THE PORT OF SEATTLE (“Port”) and the undersigned Contractor ___ (“Contractor”) agree as follows:

ARTICLE I

The Project

The Contractor, for the consideration specified in the Contract Documents, shall in strict accordance therewith perform all of the activities required by the Contract Documents for the following project:

TITLE: [___] WORK PROJECT #: [___]

LOCATION: [___] CONTRACT #: [___]

The Port agrees to pay the Contractor for the Project as provided in the Contract Documents.

ARTICLE I I

The Contract Documents

The Contract Documents consist of the Agreement, Project Manual dated [___] (excluding bidding requirements), Drawings, Addenda and other documents listed below issued prior to execution of this Agreement and all Modifications and Change Orders issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract Documents also include:

1. Addendum Number(s), dated ______________.

2. Insurance Certificates, Payment and Performance Bonds.

The Project to be performed under this Contract shall be commenced on effective date of this “Agreement” and completed not later than ______________ calendar days following the effective date of this Agreement.

The Port shall pay the Contractor for the performance of the Project, subject to additions and deductions by Change Order as provided in the General Conditions, in current funds, the total Contract Sum of [___] Dollars ($___) according to the following attached Bid Form and the Schedule of Prices dated [___], which are incorporated herein.

Executed this ____ day of ______________.

PORT OF SEATTLE Contractor

Reg. No.: ____________________________

By: By: _________________________________

Title: Title: ________________________________

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ESCROW NO.:

PUBLIC BODY: PORT OF SEATTLE

CONTRACT NO.:

COMPLETION DATE:

ESCROW AGREEMENT TO: (Any Bank of Washington)

Seattle, Main Branch

P.O. Box

Seattle, WA 98000-0000

This Escrow Agreement is for investment of retained percentages for the above numbered contract in accordance with Chapter 38, Laws of 1970, amending RCW 60.28.010, 60.28.030 and 60.28.050.

Construction Company, Inc., Avenue South, Seattle, WA 98000, hereinafter referred to as the Contractor, has agreed that the Port of Seattle, PO Box 1209, Seattle, WA 98111, hereinafter referred to as the Public Body, may deliver to you its warrants, checks or drafts made payable to you. Such warrants, checks or drafts are to be held and disposed of by you in accordance with the instructions, terms and conditions hereinafter set forth.

INSTRUCTIONS

1. Upon delivery to you, warrants, checks or drafts made payable to you and the Contractor jointly shall be endorsed by you and forwarded for collection. The monies from all such warrants, checks or drafts received hereunder shall be used by you to purchase bonds or other securities selected by the Contractor and approved by the Public Body. For the purpose of each such purchase, you may follow the last written direction received by you from the Contractor, provided said direction otherwise conforms with the restrictions on investments received herein. Attached is a list of such bonds, or other securities approved by the Public Body. Other bonds or securities, except stocks, may be selected by the Contractor, subject to express written approval of the Public Body.

2. Monthly statements must be supplied to both the Public Body and the Contractor.

3. The established account shall be recorded in the name of The Port of Seattle/ Construction Co., Inc. The Public Body may at any time require additional information from you regarding this account. The Public Body also reserves the right to close this account if deemed in the public interest. This account shall be established to serve as a holding account for monies retained under RCW 60.28.010. As such the Contractor may only select options for investments and may not give other directions regarding this account. The Public Body is the sole authority for establishing and directing this account.

4. The Public Body will provide in writing a list of authorized individuals who may request information or give direction regarding this account. The Public Body reserves the right to change individuals on this list at its option. You will be informed in writing of any such changes.

5. The investments purchased by you on behalf of the Contractor, must mature on or prior to the date set for completion of the contract, including extensions thereof. After the completion date of the contract, you shall not be required to invest the money held by you and derived from

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the sale or redemption of matured investments until authorized to do so by the Public Body, which authorization shall include the completion date of the extension.

6. When and as interest on this account held by you pursuant to this agreement accrues, you shall collect such interest and forward it to the Contractor at its address designated below unless otherwise directed by the Public Body.

7. You are not authorized to deliver to the Contractor all or any part of the account held by you pursuant to this agreement except in accordance with written instructions issued from the Public Body. Compliance with such instructions shall relieve you of any further liability related thereto.

8. In the event the Public Body orders you to do so in writing, you shall, within five (5) days of receipt of such order, reconvert into money the securities held by you pursuant to this agreement and return such money together with any other monies held by you hereunder, to the Public Body. At that time you shall also supply to the Public Body with a copy of the payment instrument and the transmittal letter for that instrument to the Contractor.

9. The Contractor agrees to pay you for your services hereunder compensation in accordance with your published schedule of Escrow Fees-Public Works Contracts. Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any property placed with you pursuant to this agreement until and unless the Public Body directs the release to the Contractor the securities and monies held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. In the event that you are made a party to a litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interests of this escrow or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the Contractor and reimbursement from the Contractor for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation.

10. This agreement shall not be binding until acknowledged by the Contractor and the Public Body and accepted in writing and returned to the Public Body by you.

11. This instrument contains the entire agreement between you, the Contractor, and the Public Body with respect to this agreement and you are not a party to nor bound by any instrument or agreement other than this; you shall not be required to take notice of any default or any other matter, nor be bound by nor required to give notice or demand, nor be required to take any action whatever except herein expressly provided; you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct.

12. The foregoing provisions shall be binding upon the assigns, successors, personal representatives and heirs of the parties hereto.

The undersigned have read and hereby approve the instructions as given above governing the administration of this agreement and do hereby execute this agreement on this ______ day of _________, _________.

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Established for and by: Acknowledged by:

_PORT OF SEATTLE_______________ __________________________________ (Public Body) (Contractor)

By: _____________________________ By: _______________________________ (Name, Title) (Name, Title)

__________________________________ (Address)

__________________________________

__________________________________ (Tax Identification Number)

The above instructions received and accepted this ______ day of __________.

______________________________________________________ AGENT (Bank, Mutual Savings Bank or Savings and Loan Assoc.)

By: ___________________________________________________ (Authorized Officer)

Phone Number: ( )________

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ACCOUNT NO.:

PUBLIC BODY: PORT OF SEATTLE

CONTRACT NO.:

COMPLETION DATE:

INTEREST BEARING ACCOUNT AGREEMENT TO: (Any Bank)

Main Seattle Branch

P.O. Box

Seattle, WA 98000-0000

This Agreement is for the investment of the retained percentages of the above contract in accordance with Chapter 38, Laws of 1970, amending RCW 60.28.010, 60.28.030 and 60.28.050.

The undersigned, Contractor, Inc., Avenue North, Seattle, WA 98000, hereinafter referred to as the Contractor, has directed Port of Seattle, P.O. Box 1209, Seattle, WA 98111, hereinafter referred to as the Public Body, to deliver to you its warrants, checks or drafts which shall be made payable to you. Such warrants, checks or drafts are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth.

INSTRUCTIONS

1. Upon delivery to you, warrants, checks or drafts made payable to you shall be endorsed by you and forwarded for collection. The monies from all such warrants, checks or drafts received hereunder shall be used by you to invest in an interest bearing account, in accordance RCW 60.28.0l0.

2. Monthly statements must be supplied to both the Public Body and the Contractor.

3. The established account shall be recorded in name as the Port of Seattle/Contractor, Inc. The Public Body may at any time require additional information from you regarding this account. The Public Body also reserves the right to close this account if deemed in the public interest. This account shall be established to serve as a holding account for moneys retained under RCW 60.28.010. As such the Contractor shall have no authority over this account and may not give direction to the financial institution regarding that account except to choose the mode of investment. The Public Body shall be the sole authority for establishing and directing any other action pertaining to this account.

4. The Public Body will provide a written list of authorized individuals who may request information or give direction regarding this account. The Public Body reserves the right to change individuals on this list at its option. You will be informed in writing of any such changes.

5. The investments purchased by you on behalf of the Contractor must mature on or prior to the date set for the completion of the contract, including extensions thereof. After the completion date of the contract, you shall not be required to invest the money held by you and derived from the sale or redemption of matured investments until authorized to do so by the Public Body, which authorization shall include the completion date of the extension.

of 3 MC-0317218 / WP# 102365

6. When and as interest on this account held by you pursuant to this agreement accrues and is paid, you shall collect such interest and forward it to the Contractor at its address designated below unless otherwise directed by the Public Body.

7. You are not authorized to deliver to the Contractor all or any part of the account held by you pursuant to this agreement except in accordance with written instructions from the Public Body. Compliance with such instructions shall relieve you of any further liability related thereto.

8. In the event the Public Body orders you to do so in writing, you shall, within five (5) days of receipt of such order, return monies held by you pursuant to this agreement to the Public Body. At that time you shall also supply to the Public Body a copy of the payment instrument and the transmittal letter for that instrument to the Contractor.

9. The Contractor agrees to pay you for your services hereunder compensation in accordance with your published schedule of Escrow Fees-Public Works Contracts. Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any property placed with you pursuant to this agreement until and unless the Public Body directs the release to the Contractor of the monies held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. In the event that you are made a party to a litigation with respect to the property held by you hereunder, or in the event that the conditions of this agreement are not promptly fulfilled or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interests of this agreement or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the Contractor and reimbursement from the Contractor for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation.

10. This agreement shall not be binding until executed by the Contractor and the Public Body and accepted in writing and returned to the Public Body by you.

11. This instrument contains the entire agreement between you, the Contractor, and the Public Body with respect to this agreement and you are not a party to nor bound by any instrument or agreement other than this; you shall not be required to take notice of any default or any other matter, nor be bound by nor required to give notice or demand, nor be required to take any action whatever except herein expressly provided; you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct.

12. The foregoing provisions shall be binding upon the assigns, successors, personal representatives and heirs of the parties hereto. The undersigned have read and hereby approve the instructions as given above governing the administration of this agreement and do hereby execute this agreement on this ______ day of _________, _________.

Established for and by: Acknowledged by:

_PORT OF SEATTLE_______________ __________________________________ (Public Body) (Contractor)

By: _____________________________ By: _______________________________ (Name, Title) (Name, Title)

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__________________________________ (Address)

__________________________________

__________________________________ (Tax Identification Number)

The above instructions received and accepted this ______ day of __________.

______________________________________________________ AGENT (Bank, Mutual Savings Bank or Savings and Loan Assoc.)

By: ___________________________________________________ (Authorized Officer)

Phone Number: ( )__________

Distribution: Blue Copy – Contract File; Yellow Copy – Contractor; White Copy -- Contract Administration

1 CONTRACT CHANGE ORDER NUMBER

CONTRACT CHANGE ORDER 2

3 CONTRACT NUMBER 4 WORK PROJECT NUMBER 5 EFFECTIVE DATE OF CHANGE

(If blank, block 12 applies)

6 ISSUED BY: 7 NAME OF CONTRACTOR 8 PROJECT TITLE

Page of 1 1

9 DESCRIPTION OF CHANGE:

POS Trend Work Project # Adjustment $

Except as expressly changed herein, all Contract obligations remain unchanged and in full effect.

A. For this Contract Change Order, the Contract Sum is adjusted by the sum of: B. For this Contract Change Order, the Contract Time is adjusted by this number of days: Days

C. Previous Contract Completion Date:

11 NOTE: Execution of this Contract Change Order by the Contractor constitutes the Contractor’s irrevocable acceptance of all the terms hereof, including the

ADJUSTMENT TO CONTRACT SUM AND CONTRACT TIME: The following adjustments, if any, to the Contract Sum and Contract Time constitute the complete and final settlement of all costs of labor, materials, equipment, overhead, fee, and damages, whether direct or indirect, and any other claim by the contractor, as a result of this change.

above described adjustments, if any, in the Contract Sum and Contract Time.

D. New Contract Completion Date as a result of this and all previous Contract Change Orders:

Month/Day/Year

$X,XXX.XX

10

Month/Day/Year

12 BY PORT OF SEATTLE 13 ACCEPTANCE OF CONTRACTOR SIGNATURE DATE

PRINTED NAME AND TITLE PRINTED NAME AND TITLE

DATESIGNATURE

[Name], [Title] [Name], [Title]

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CONTRACTOR’S RELEASE OF CLAIM Release by _____________________________________, Contract #____________________, known as ______________________________________.

KNOW ALL MEN BY THESE PRESENTS

In consideration of the promise of the total sum of $______________________, including Washington State Sales Tax, lawful money of the United States of America, $_____________________ which has already been paid, and retainage in the amount of $______________________ which is to be disbursed by the Port of Seattle in accordance with the provisions of RCW 60.28; the undersigned Contractor, ___________________________, does and by the receipt of the said sum shall, for itself, its successors and assigns, premise, release and forever discharge the Port of Seattle, its officers, agents and employees, of and from all liabilities, obligations and claims whatsoever in law and in equity under or arising out of said contract. I certify that all subcontractors and suppliers have been notified of the completion of this Public Works Project in accordance with G 08.14 of the project manual and this release constitutes notification to the Port. In addition, the undersigned Contractor certifies that all Industrial Insurance premiums have been paid to the Department of Labor and Industries for the undersigned Contractor and all Subcontractors for this project.

IN WITNESS WHEREOF, this release has been executed this _____ day of ______________, ______.

WITNESS:

________________________________ By: _____________________________

________________________________ Title: ____________________________

CERTIFICATE

I, ____________________________, certify that I am the Corporate Secretary of the corporation named as Contractor in the foregoing release; that ___________________________ who signed said release on behalf of the Contractor was then ___________________________ of said corporation; that said release was only signed for and in behalf of said corporation by authority of its governing body and is within the scope of its corporate powers.

(Corporate Seal) __________________________

of 1

CENTRAL PROCUREMENT OFFICE Construction Contract Services PO Box 1209 Seattle, WA 98111 CERTIFICATE OF CONTRACT COMPLETION

Contractor: Project Title: Contract Number: Work Project Number: Date of Completion: The above referenced contract is hereby complete consistent with and pursuant to the Contract Documents. All Submittals and documentation required by Section 01770 of the Project Manual have been received by the Port of Seattle. Pursuant to RCW 60.28.011, Retainage will be released, in the absence of Liens and upon receipt of releases from the Washington State Labor and Industries Department, Employment Security Department, and Department of Revenue. ______________________________________ _____________________________ Name Date Title cc:

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00600 - Bonds and Certif icates

MC-0317218 / WP# 102365 00600-1 Rev. 8/1/11

The following documents are included in these specifications as samples, in order that the Bidder be informed of his responsibilities and the requirements of the Contract, in the event he is awarded the Contract:

1. Performance Bond

2. Labor and Material Payment Bond

3. Certificate of Insurance

End of Document

Bond # _______________________________________

Page 1 of 2 MC-0317218 / WP# 102365

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

That _____________ as Principal, hereinafter called Contractor, and ________________ as Surety, hereinafter called Surety, are held and firmly bound unto the Port of Seattle as Obligee, hereinafter called the Port, in the amount of __________ Dollars ($_____) for the payment whereof Contractor and Surety bind themselves, their executors, administrators, legal representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS:

Contractor has executed an agreement with the Port dated _______ for _______ a copy of which contract is by reference made a part hereof (the term “contract” as used herein to include the aforesaid agreement together with all the contract documents, addenda, modifications, all alterations, additions thereto, deletions therefrom and any other document or provision incorporated into the Contract) and is hereinafter referred to as the Contract.

This bond is executed and issued pursuant to the provisions of Chapter 39.08 Revised Code of Washington.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

FURTHER:

1. Surety hereby waives notice of any alterations, change orders, modifications or extension of time made by the Port.

2. Surety recognizes that the Contract includes provisions for additions, deletions and modifications to the work or Contract Time and the amounts payable to the Contractor. Subject to the limitations contained in (1) above, Surety agrees that no such addition, deletion, or modification, or any combination thereof, shall avoid or impair Surety’s obligation hereunder.

3. Whenever Contractor has been declared by the Port to be in default, and the Port has given Surety notice of the Port’s determination of such default, Surety shall promptly (in no event more than fifteen (15) days following receipt of such notice) advise the Port of its intended action to:

a. Remedy the default within fifteen (15) days following its advice to the Port as set forth above, or

b. Assume within fifteen (15) days, following its advice to the Port as set forth above, completion of the Contract in accordance with all the Contract Documents and become entitled to payment of the balance of the Contract Sum, or

c. Pay the Port upon completion of the Contract, in cash, the cost of completion together with all other reasonable costs and expenses incurred by the Port as a result of the Contractor’s default, including but not limited to, those reasonable costs and expenses incurred by the Port in its efforts to mitigate its losses, which may include but are not limited to, attorneys fees and efforts to complete the work prior to the Surety exercising the options available to it as set forth herein.

Bond # _______________________________________

Page 2 of 2 MC-0317218 / WP# 102365

4. If the Port shall commence suit and obtain judgment against the Surety for recovery hereunder, then the Surety, in addition to such judgment, shall pay all costs and attorney’s fees incurred by the Port in enforcement of its rights hereunder. Venue for any action arising out of or in connection with this bond shall be in King County, Washington.

5. No right or action shall accrue on this bond to or for the use of any person or corporation other than the Port of Seattle.

Signed and Sealed this _________ day of _____________, _____

IMPORTANT: Surety companies executing bonds must have an A.M. Best Rating of A- FSC of (6) or higher and appear on the Treasury Department’s most current list (Circular 570 as amended), have an underwriting limitation of not less than the contract total, and be authorized to transact business in the State of Washington.

__________________________________ __________________________________ (Surety) (Contractor)

Power of Attorney attached.

Bond # _______________________________________

Page 1 of 2 MC-0317218 / WP# 102365

LABOR AND MATERIAL PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

That _____ as Principal, hereinafter called Contractor, and __ _________ as Surety, hereinafter called Surety, are held and firmly bound unto the Port of Seattle as Obligee, hereinafter called the Port, and all others entitled to recovery hereunder, in the amount of ___________ Dollars ($_____) for the payment whereof Contractor and Surety bind themselves, their executors, administrators, legal representatives, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS:

Contractor has executed an agreement with the Port dated _____ for ____ _project a copy of which contract is by reference made a part hereof (the term “contract” as used herein to include the aforesaid agreement together with all the contract documents, addenda, modifications, alterations, additions thereto, deletions there from and any other documents or provisions incorporated into the Contract) and is hereinafter referred to as the Contract.

This bond is executed pursuant to the provisions of Chapter 39.08 Revised code of Washington.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Contractor shall promptly make payment to all claimants, as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract and shall indemnify and save the Port harmless from all cost and damage by reason of Contractor’s default, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to the following conditions:

1. The Surety hereby waives notice of any alterations, change orders, modifications or extension of time made by the Port.

2. Surety recognizes that the Contract includes provisions for additions, deletions and modifications to the work or Contract Time and the amounts payable to the Contractor. Surety agrees that no such addition, deletion, or modification, or any combination thereof, shall avoid or impair Surety's obligation hereunder.

3. Surety hereby agrees that every person protected under the provisions of RCW 39.08.010 who has not been paid as provided under the Contract and pursuant to RCW 39.08.010, less any amounts withheld pursuant to statute, and less retainage withheld pursuant to RCW 60.28, after the expiration of a period of thirty (30) days after the date on which the completion of the contract in accordance with RCW 39.08, may sue on this bond, prosecute the suit to final judgment as may be due claimant, and have execution thereon including recovery of reasonable costs and attorney's fees as provided by RCW 39.08. The Port shall not be liable for the payment of any costs or expenses of any such suit.

4. No suit or action shall be commenced hereunder by any claimant unless claimant shall have given the written notices to the Port, and where required, the Contractor, in accordance with RCW 39.08.030.

5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of claims which may be properly filed in accordance with RCW 39.08 whether or not suit is commenced under and against this bond.

Bond # _______________________________________

Page 2 of 2 MC-0317218 / WP# 102365

6. If any Claimant shall commence suit and obtain judgment against the Surety for recovery hereunder, then the Surety, in addition to such judgment and attorney fees as provided by RCW 39.08.030, shall also pay such costs and attorney fees as may be incurred by the Port as a result of such suit. Venue for any action arising out of or in connection with this bond shall be in King County, Washington.

Signed and Sealed this _________ day of _____________, _____

IMPORTANT: Surety companies executing bonds must have an A.M. Best Rating of A- FSC of (6) or higher and appear on the Treasury Department’s most current list (Circular 570 as amended), have an underwriting limitation of not less than the contract total, and be authorized to transact business in the State of Washington.

__________________________________ __________________________________ (Surety) (Contractor)

Power of Attorney attached.

SAMPLE

CERTIFICATE HOLDER

© 1988-2009 ACORD CORPORATION. All rights reserved.ACORD 25 (2009/09)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE

LOCJECTPRO-POLICY

GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY

GENERAL LIABILITY

PREMISES (Ea occurrence) $DAMAGE TO RENTEDEACH OCCURRENCE $

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GENERAL AGGREGATE $

PRODUCTS - COMP/OP AGG $

$RETENTION

DEDUCTIBLE

CLAIMS-MADE

OCCUR

$

$

AGGREGATE $

EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)

INSRLTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF(MM/DD/YYYY)

POLICY EXP(MM/DD/YYYY) LIMITS

WC STATU-TORY LIMITS

OTH-ER

E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE

E.L. DISEASE - POLICY LIMIT

$

$

$

ANY PROPRIETOR/PARTNER/EXECUTIVE

If yes, describe underDESCRIPTION OF OPERATIONS below

(Mandatory in NH)OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

$

COMBINED SINGLE LIMIT(Ea accident)

BODILY INJURY (Per person)

BODILY INJURY (Per accident)

PROPERTY DAMAGE(Per accident) $

$

$

$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSRADDL

WVDSUBR

N / A

$

$

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).

The ACORD name and logo are registered marks of ACORD

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED

PHONE(A/C, No, Ext):

PRODUCER

PRODUCERCUSTOMER ID #:

ADDRESS:E-MAIL

FAX(A/C, No):

CONTACTNAME:

NAIC #

INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00700 - General Conditions

MC-0317218 / WP# 102365 00700-1 Rev. 07/06/12

GENERAL CONDITIONS

FOR CONSTRUCTION CONTRACT

2012 EDITION

July 2012


MC-0317218 / WP# 102365 00700-2 Rev. 07/06/12

TABLE OF CONTENTSTABLE OF CONTENTS .................................................................. 2

ARTICLE G-01 ABBREVIATIONS AND DEFINITIONS OF TERMS ........................................... 5 G-01.01 Abbreviations ....................................................................................................................... 5 G-01.02 Definitions ............................................................................................................................ 6 G-01.03 Titles or Headings ................................................................................................................ 9 G-01.04 Standard Abbreviations and Meanings ................................................................................ 9

ARTICLE G-02 INTENT, CORRELATION AND EXECUTION OF CONTRACT DOCUMENTS . 9 G-02.01 Intent of the Contract Documents ........................................................................................ 9 G-02.02 Correlation of the Contract Documents ............................................................................. 10 G-02.03 Award of the Contract ........................................................................................................ 11 G-02.04 Execution of the Agreement form ...................................................................................... 11 G-02.05 Ownership of the Contract Documents .............................................................................. 11 G-02.06 No Warranties by the Port ................................................................................................. 11

ARTICLE G-03 PORT OF SEATTLE ......................................................................................... 12 G-03.01 Authority of the Engineer ................................................................................................... 12 G-03.02 Authority of the Manager of Construction Services, Construction Manager, Resident

Engineer and Inspectors .................................................................................................... 12 G-03.03 Administration of the Contract ........................................................................................... 13 G-03.04 Information Provided by the Port ....................................................................................... 13 G-03.05 Port's Right to Carry Out Other Work ................................................................................ 13 G-03.06 officers and Employees of the Port Have No Personal Liability ........................................ 13 G-03.07 Service of Notices On the Contractor ................................................................................ 14 G-03.08 Additional Rights of the Port .............................................................................................. 14

ARTICLE G-04 CONTRACTOR'S RESPONSIBILITIES ........................................................... 14 G-04.01 Examination of the Site of Work and Contract Documents ............................................... 14 G-04.02 Error, Inconsistency, Omission or Variance In the Contract Documents ........................... 14 G-04.03 Supervision and Construction Procedures ........................................................................ 15 G-04.04 Contractor to Provide All Labor, Materials and Equipment ................................................ 15 G-04.05 Prevailing Wage Rates to Be Paid .................................................................................... 15 G-04.06 Materials and Equipment to Be New ................................................................................. 16 G-04.07 Substitutions of Materials or Equipment ............................................................................ 17 G-04.08 Disposal of Waste Materials .............................................................................................. 17 G-04.09 Warranties ......................................................................................................................... 18 G-04.10 State and Local Taxes ....................................................................................................... 18 G-04.11 Permits, Licenses, Fees and Notices ................................................................................ 19 G-04.12 Utilities and Similar Facilities ............................................................................................. 19 G-04.13 Contractor to Comply With All Laws .................................................................................. 21 G-04.14 Safety ................................................................................................................................ 21 G-04.15 Disruptions Caused by Labor or Other Disputes ............................................................... 22 G-04.16 Progress Schedule ............................................................................................................ 23 G-04.17 Responsibility for Completion ............................................................................................ 23 G-04.18 Contract Record Documents ............................................................................................. 24 G-04.19 Working Drawings, Product Data, Samples and Other Submittals .................................... 25 G-04.20 Cutting, Fitting and Patching of Work ................................................................................ 25 G-04.21 Inspection of the Work ....................................................................................................... 25


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G-04.22 Uncovering of Work ........................................................................................................... 26 G-04.23 Correction of Work ............................................................................................................. 26 G-04.24 Responsibility for Work ...................................................................................................... 27 G-04.25 Cleanup ............................................................................................................................. 27 G-04.26 Protection of Work During Suspension .............................................................................. 28 G-04.27 Surveys .............................................................................................................................. 28 G-04.28 Notification Regarding Excavated Archeological Items ..................................................... 28 G-04.29 Gratuities ........................................................................................................................... 29 G-04.30 RESERVED ....................................................................................................................... 29 G-04.31 Notice of Events ................................................................................................................ 29 G-04.32 Prerequisite to Suit ............................................................................................................ 30 G-04.33 Responsibility for Damage ................................................................................................. 30 G-04.34 Indemnification .................................................................................................................. 30 G-04.35 Software ............................................................................................................................ 31

ARTICLE G-05 SUBCONTRACTORS AND SUPPLIERS ......................................................... 33 G-05.01 Contractor Is Responsible for Actions of Subcontractors and Suppliers ........................... 33 G-05.02 Award of Contracts to Subcontractors and Suppliers ........................................................ 33 G-05.03 Subcontractor and Supplier Relations ............................................................................... 34

ARTICLE G-06 EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION ................................... 34 G-06.01 Comply With All Laws ........................................................................................................ 34 G-06.02 Comply With Port of Seattle Policy and Required Actions ................................................ 35

ARTICLE G-07 TIME .................................................................................................................. 35 G-07.01 Contract Time .................................................................................................................... 35 G-07.02 Progress and Completion .................................................................................................. 35 G-07.03 Extensions of Contract Time ............................................................................................. 35

ARTICLE G-08 PAYMENTS, COMPLETION AND FINAL ACCEPTANCE .............................. 36 G-08.01 All Payments Subject to Applicable Laws .......................................................................... 36 G-08.02 Scope of Payment ............................................................................................................. 36 G-08.03 Retained Percentage ......................................................................................................... 37 G-08.04 Progress Payments ........................................................................................................... 37 G-08.05 Payment for Stored Materials ............................................................................................ 37 G-08.06 Payment for Work Done On A force Account Basis .......................................................... 38 G-08.07 Payment for Changes ........................................................................................................ 41 G-08.08 Completion, Occupancy, Beneficial Occupancy Date ....................................................... 41 G-08.09 Contractor's Release ......................................................................................................... 42 G-08.10 Final Acceptance ............................................................................................................... 42 G-08.11 Release of Retainage ........................................................................................................ 42 G-08.12 Payments Do Not Relieve Contractor From Responsibility for Work ................................ 43 G-08.13 Audits and Retention of Records ....................................................................................... 43 G-08.14 Notification of Lien Period .................................................................................................. 46

ARTICLE G-09 CHANGES, CLAIMS, PROTESTS, AND DISPUTES ....................................... 48 G-09.01 The Port May Make Changes ............................................................................................ 48 G-09.02 Requests for Proposal ....................................................................................................... 48 G-09.03 Compensation for Changes ............................................................................................... 48 G-09.04 Issuance of Not to Exceed and Unilateral Change orders ................................................. 50 G-09.05 Claims ................................................................................................................................ 51


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G-09.06 Protest & Disputes Resolution ........................................................................................... 51

ARTICLE G-10 PORT OF SEATTLE'S RIGHTS AND REMEDIES, AND TERMINATION OF CONTRACT ............................................................................................................................... 55

G-10.01 General .............................................................................................................................. 55 G-10.02 No Waiver of Port's Rights ................................................................................................ 55 G-10.03 Port's Right to Suspend Work ........................................................................................... 56 G-10.04 Port’s Right to Stop the Work for Contractor Non-Performance ........................................ 56 G-10.05 Suspensions for Convenience of the Port ......................................................................... 56 G-10.06 Port's Right to Perform the Work Itself .............................................................................. 57 G-10.07 Port’s Right to Perform Work and to Award Separate Contracts ....................................... 57 G-10.08 Mutual Responsibility ......................................................................................................... 58 G-10.09 Port’s Right to Perform Disputed Work .............................................................................. 59 G-10.10 Port’s Right to Withhold Payment ...................................................................................... 59 G-10.11 Termination for Default ...................................................................................................... 59 G-10.12 Termination for Convenience ............................................................................................ 61 G-10.13 Damages for Unexcused Delays by the Contractor .......................................................... 61 G-10.14 Port’s Right to Use the Premises ....................................................................................... 61

ARTICLE G-11 BONDS AND INSURANCE .............................................................................. 62 G-11.01 Performance Bond ............................................................................................................. 62 G-11.02 Payment Bond ................................................................................................................... 62 G-11.03 Failure to Provide Bonds ................................................................................................... 62 G-11.04 Contractor Liability Insurance ............................................................................................ 62 G-11.05 Port Property Insurance ..................................................................................................... 67


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ARTICLE G-01 ABBREVIATIONS AND DEFINITIONS OF TERMS

G-01.01 ABBREVIATIONS

Whenever, in the Contract Documents, or elsewhere in the Project Manual, the following abbreviations, are used, the meaning will be the full term, as follows, which meaning shall be applicable to both the singular and plural forms thereof:

AAR Association of American Railroads

AASHTO American Association of State Highway & Transportation Officials

ACI American Concrete Institute

ADA American Disabilities Act

AIA American Institute of Architects

AISC American Institute of Steel Construction

AISE Association of Iron and Steel Engineers

AISI American Iron and Steel Institute

ANLA American Nursery and Landscape Association

ANSI American National Standards Institute

APWA American Public Works Association

ARA American Railway Association

AREA American Railway Engineering Association

ASCE American Society of Civil Engineers

ASHRAE American Society of Heating, Refrigeration & Air Conditioning Engineers

ASLA American Society of Landscape Architects

ASME American Society of Mechanical Engineers

ASTM American Society for Testing and Materials

AWPA American Wood Preservers' Association

AWS American Welding Society

AWWA American Water Works Association

AGC Associated General Contractors of America

CPM Critical Path Method of Project Scheduling

CRSI Concrete Reinforcing Steel Institute

FAA Federal Aviation Administration

FHWA Federal Highway Administration

FSS Federal Specifications and Standards

IBC International Building Code

IEEE Institute of Electrical and Electronic Engineers

NBFU National Board of Fire Underwriters

NEC National Electrical Code

NEMA National Electrical Manufacturers' Association

NFPA National Fire Protection Association

NIOSH National Institute of Occupational Safety and Health


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OFCCP Office of Federal Contract Compliance Programs

OSHA Occupational Safety and Health Act

OSHRC Occupational Safety and Health Act Review Commission

PCA Portland Cement Association

PSCAA Puget Sound Clean Air Agency

SAE Society of Automotive Engineers

SMACNA Sheet Metal & Air Conditioning Contractors' National Association, Inc.

UL Underwriters' Laboratory

WISHA Washington Industrial Safety & Health Act

WSDOT Washington State Department of Transportation

G-01.02 DEFINITIONS

Whenever in the Contract Documents, or elsewhere in the Project Manual, the following words and defined terms are used, the meaning will be as follows, which meaning shall be applicable to both the singular and plural forms thereof:

Addendum: A written or graphic document issued by the Port prior to the opening of the bids that clarifies, corrects, or changes a document contained or referenced within the Contract Documents. Addenda will be distributed to "plan holders of record."

Agreement Form: The written form executed by the Port and the Contractor that binds the Contractor to perform the Work in accordance with the Contract Documents

Award: Effective date the Agreement Form is executed by the Port of Seattle, and the start of Contract Time.

Beneficial Occupancy Date (BOD): Beneficial Occupancy Date is established when the Owner or the Owner’s tenant takes permanent possession of a portion of the Work and it is sufficiently complete to allow full, unrestricted and permanent use of the facility from an operational and safety standpoint, leaving only minor, incidental work to be accomplished for Substantial Completion.

Bid: The offer of a Bidder, on the prescribed bid form, properly executed, setting forth the price or prices for the Work to be performed.

Change Order: A written document issued by the Port of Seattle on or after the date of the execution of the Agreement Form that authorizes and directs an addition, deletion, or revision in the Work, or an adjustment in the Contract Time or Contract Sum.

Claim: A claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term “Claim” includes Requests for Equitable Adjustment (until executed by agreed Change Order), disputes, changed conditions, and other matters in question between the Port and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim.

Construction Manager: The authorized representative of the Director, Engineering Services, who holds overall responsibility for the contract. Resident Engineers report to the Construction Manager.

Contract: The Contract governs the relationship between the Port and the Contractor concerning the Work. The Contract Documents Form the Contract.


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Contract Bonds: The approved form of security in the form of a Performance Bond and a Labor and Material Payment Bond, furnished by the Contractor and its Surety as required by the Agreement Form.

Contract Documents: The Contract Documents consist of the executed Agreement Form, the Project Manual (excluding the Bidding Requirements), Drawings, Working Drawings, Addenda, Change Orders, form of bond, insurance certificates and any other form that may be requested in the Supplementary Conditions or listed in the Agreement Form as being part of the Contract Documents. The Contract Documents do not include the bidding requirements, such as the Advertisement for Bids, Instructions to Bidders, Supplementary Instructions to Bidders, sample forms, or portions of Addenda relating to any of these.

Contract Sum: The Contract Sum stated in the Agreement Form, including authorized adjustments thereto, is the total amount agreed to be payable by the Port to the Contractor for the performance of the Work as required by the Contract Documents.

Contract Time: Contract Time is the period of time provided in the Contract Documents for the Substantial Completion of the Work by the Contractor. Contract Time may be extended or reduced only by Change Order. See Article G-07.

Contractor: The Contractor is the individual, partnership, firm, corporation, joint venture, or other business entity with whom the Port of Seattle has entered into this Contract, and who is referred to in Contract Documents as the Contractor. The term Contractor means and includes the Contractor and all of its representatives.

Day: The term day shall mean a calendar day unless otherwise specifically designated.

Drawings: The graphic presentation of the Work, or parts thereof, which indicates the size, form, location, and arrangement of the various elements of the Work.

Engineer: The chief executive officer of the Port of Seattle's Engineering Services Department (the Director, Engineering Services) and such agents, including the Construction Manager and Resident Engineer, as are authorized to act in his behalf.

Event: Any occurrence for which the Contractor believes an equitable adjustment in time or money is, or will be due. An Event is deemed to occur at the earlier of: (i) an answer/direction provided by the Port that reflects the condition, or (ii) an occurrence or discovery by the Contractor, that the Contractor knew or reasonably should have known, represents the condition.

Final Acceptance: The official act of the Port of Seattle Commission as described in Article G-08.

Final Inspection: The Final Inspection is the inspection that occurs to verify the Contractor’s punchlist items and items added by the Resident Engineer from Pre-Final Inspection are complete. Completion of the Pre-Final Inspection items results in a Certificate of Substantial Completion issued by the Resident Engineer.

Inspector: The Engineer's authorized representative assigned to make inspections of the Contractor's performance of the Work.

Laboratory: The official laboratories of the Port of Seattle, including either private or public laboratories authorized by the Port to test work, soils, or materials.

Manager, Construction Services: The authorized representative of the Director, Engineering Services who is assigned charge of the Construction Manager or Resident Engineer and overall administration of the Port’s construction projects.


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Notice of Intent to Award: The official notice from the Port that it has accepted the contractors bid and that it intends to award the Contract to the selected responsible responsive bidder.

Notice to Proceed (NTP): Notice To Proceed (NTP) is formal notification issued by the Port of Seattle, indicating that the Contractor can begin physical work at the project site.

Notice of Completion of a Public Works Contract: Notice of Completion of a Public Works Contract will be issued in writing when all the Work is complete, with the exception of claims previously made in writing and identified by the Contractor, a Subcontractor or Supplier as unsettled at the time of application for final payment.

Port: The Port of Seattle, the Port of Seattle Commission, or Owner--all being synonymous with respect to this Contract--is the duly elected body and members thereof having authority over Port of Seattle matters as provided by law. The term Port also includes all of the Port's officers, employees and other authorized representatives with delegated authority regarding the Contract.

Pre-Final Inspection: Pre-Final Inspection is the activity that occurs prior to Final Inspection. The Contractor will prepare a punchlist prior to requesting a Pre-Final Inspection by the Resident Engineer. Punchlist items shall be limited to administrative requirements of the contract (i.e., Final Project Record Documents), training, landscaping, and minor deficiencies in the Work requiring correction. A Pre-final Inspection shall not be requested or granted if the Work is incomplete.

Product Data: The illustrations, standard schedules, performance charts, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product, or system for some portion of the Work.

Project Manual: A book, which contains or refers to the Bidding Requirements and Contract Documents.

Provide: The all-inclusive actions required to furnish, install, connect, adjust, test and make ready for use or occupancy.

Resident Engineer: The authorized representative of the Director, Engineering Services, who is located on or near the project site and assigned immediate charge of the on-site engineering and administration of the construction project.

Samples: Physical examples of materials, equipment or workmanship establishing standards by which the Work will be judged.

Software: Any computer program, computer database or documentation related thereto for which any party claims protection under patent, copyright, trade secret or other proprietary or intellectual property right.

Specifications: The Specifications are that portion of the Contract Documents consisting of the written requirements for contract administration, materials, equipment, systems, standards and workmanship for the Work, and performance of related services, and including Divisions 0 (less Bidding Requirements) through 17.

Subcontractor: A Subcontractor is a business entity that has a direct contract with the Contractor to perform a portion of the Work. The term "Subcontractor" means and includes the Subcontractor and its authorized representatives.

Sub-subcontractor: A Sub-subcontractor is a business entity which has a direct or indirect contract with a Subcontractor to perform a portion of the Work. The term Sub-subcontractor means and includes the Sub-subcontractor and its authorized representatives, and shall mean and include Sub-Subcontractors at all tiers.


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Substantial Completion: Substantial Completion is the stage in the progress of the Work when the Work is complete and in accordance with the Contract Documents, with the exception of items required for issuance of the Notice of Completion. The date of Substantial Completion is the end of Contract Time, and the start of the warranty period.

Supplementary Conditions: That portion of the Contract Documents which amends or Supplements the General Conditions.

Supplier: A Vendor, Supplier, Distributor, or Materialman that supplies material or equipment used in the performance of the Contract.

Surety: A company that is bound with the Contractor to ensure the performance of the Contract, payment of all obligations pertaining to the Work, and fulfillment of such other conditions as are specified in the Contract, Contract bond, or otherwise required by law.

Unit Price Work: Work to be paid for on the basis of unit prices stated in the Schedule of Prices, or a change order, such work to be measured for payment as described within the Contract Documents.

Work: Work shall mean the completed construction as a result of the furnishing of all labor, materials, equipment, and all incidentals necessary to the successful completion of the construction which are required by or reasonably inferable from the Contract Documents, including all materials and equipment to be incorporated in the construction, as well as all other obligations imposed on the Contractor by the Contract. The Work is sometimes generally referred to as the "Project."

Working Drawings: Shop drawings, erection plans, false work plans, framework plans, cofferdam plans, stress diagrams, bending diagrams for reinforcing steel, or other diagrams, plans, or data used to illustrate some portion of the Work that the Contractor is required to submit to the Engineer.

G-01.03 TITLES OR HEADINGS

The titles or headings of the sections, divisions, parts, articles, paragraphs, or subparagraphs, of the Project Manual are intended only for convenience of reference and shall not be considered as having any bearing on the interpretation of the text.

G-01.04 STANDARD ABBREVIATIONS AND MEANINGS

Words and abbreviations that have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings.

ARTICLE G-02 INTENT, CORRELATION AND EXECUTION OF CONTRACT DOCUMENTS

G-02.01 INTENT OF THE CONTRACT DOCUMENTS

A. The intent of the Contract Documents is to prescribe a complete Work. The Contractor shall furnish all labor, materials, equipment and incidentals necessary to complete all parts of the Work. Compensation for the cost of the complete Work and for full performance of the Contract shall be considered as included in the Contract Sum.

B. The Contract Documents (which set forth the rights and responsibilities of the Port and Contractor with respect to this Contract) shall be construed in accordance with the laws of


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the State of Washington. Venue for any action between the Port and the Contractor, arising out of or in connection with this Contract shall be in King County, Washington.

C. The Contract represents the entire and integrated agreement between the Port and the Contractor. It supersedes all prior discussions, negotiations, representations or agreements pertaining to the Work, whether written or oral.

G-02.02 CORRELATION OF THE CONTRACT DOCUMENTS

A. Each Contract Document is an essential part of the Contract between the Port and the Contractor, and a requirement present in one Contract Document is binding as though it was present in all. The Contract Documents are intended to be complementary and prescribe and provide for all Work required by the Contract. Work, materials and/or equipment that have not been specifically included in the Contract Documents but which are required to produce the intended result shall be provided by the Contractor as though they had been specifically included.

B. Work required by the Contract Documents for which a price is not provided in the Contract Documents shall nevertheless be considered as a part of the Work and all costs of the same are deemed to be included in the Contract Sum.

C. 1. To clarify the Work the Engineer may furnish additional drawings, explanations and clarifications consistent with the original drawings, purpose and intent of the Contract. The Contractor shall conform its work to such drawings and explanations. The furnishing of such additional drawings, explanations, or clarifications is for the convenience of the Contractor and shall not entitle the Contractor to an increase in the Contract Time or Contract Sum. The Engineer will not be obligated to provide such information.

2. The Contract Drawings are listed in the Supplementary Conditions.

D. If there are discrepancies between the various Contract Documents:

1. Addenda shall govern over specifications and drawings.

2. Specifications shall govern over drawings.

3. Supplementary Conditions shall govern over General Conditions.

4. General Conditions shall govern over Specification Divisions 1 through 17.

5. Computed dimensions shall govern over scaled dimensions.

6. Specific descriptions and details shall govern over general descriptions and details within drawings or specifications.

E. In the event of a conflict between the Contract Documents and applicable laws, codes, ordinances, regulations or orders of governmental authorities having jurisdiction over the Work or any portion thereof, or in the event of any conflict between such applicable laws, codes, ordinances, regulations, or orders, the most stringent requirements of any of the above shall govern and be considered as a part of this Contract.

F. The organization of the specifications and arrangement of drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of the Work to be performed by any trade. Such division of work is the sole responsibility of the Contractor.


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G-02.03 AWARD OF THE CONTRACT

A. The award of the Contract, if it be awarded, will be made within ninety (90) calendar days after the date of opening of the bids, unless the offeror agrees to an extension of its bid.

B. Such award shall be to the lowest responsible bidder submitting a responsive bid.

C. The successful bidder will be notified by a certified, express mailed, private courier, or electronic media delivered Notice of Intent To Award sent to the address shown on the Contractor's bid, that its bid has been accepted.

D. The Port reserves the right not to award the Contract; and submission of the low bid creates no right or expectation of award of the Contract.

E. When Alternate Bid Items are indicated, award shall be based as indicated in the Supplementary Conditions.

G-02.04 EXECUTION OF THE AGREEMENT FORM

A. The Contract is not binding upon the Port until the Agreement Form is fully executed. No bidder shall have a right, interest or claim with respect to the Contract or the Work until the Agreement Form is fully executed.

B. After being executed by the Port, the Contractor will receive a copy of the Agreement Form.

C. Work performed prior to the execution of the Agreement Form will be at the sole risk of the Contractor.

G-02.05 OWNERSHIP OF THE CONTRACT DOCUMENTS

The Contract Documents furnished to the Contractor shall remain Port property. They are to be used only with respect to this project and are not to be used on any other project. With the exception of one set of Contract Documents for the Contractor's files, all Contract Documents are to be suitably accounted for upon the completion of the Work. All Documents submitted to the Port and not returned to the Contractor, shall be retained by the Port, including software and source codes, etc., that is developed or used for the project. See Article G-04.35.

G-02.06 NO WARRANTIES BY THE PORT

A. Any "bid quantities" set forth in the Bid Form are estimates only, being given only as a basis for the comparison of Bids by the Port. The Port provides no warranties, expressed or implied that the actual amount of work will correspond to those estimates.

B. The basis of payment will be the lump sum price bid or the actual bid quantities required to complete the work in accordance with the Contract Documents. The right to increase or decrease the amount of any class or portion of the Work, or to make other changes in the Work, is reserved by the Port in Article G-09.

C. No information derived from inspection of records or reports of investigation concerning the Work or conditions (including soil or subsurface conditions) at the site(s) of the Work made or provided by the Port will in any way relieve the Contractor from its responsibility for properly performing its obligations under the Contract. Such records and reports are provided solely for the convenience of the Contractor with no warranties whatsoever, expressed or implied, by the Port. Such records and reports are not part of the Contract Documents. The Contractor shall make its own conclusions and interpretations from the


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data supplied, information available from other sources, and the Contractor's own observations.

ARTICLE G-03 PORT OF SEATTLE

G-03.01 AUTHORITY OF THE ENGINEER

A. The Engineer has the authority to enforce all obligations imposed on the Contractor by the Contract Documents. The Engineer will be the Port's representative and shall administer the Contract, except that Final Acceptance as provided for in Article G-08 shall be accomplished by the Port of Seattle Commission, unless the authority to grant Final Acceptance of the Work has been delegated to a Port official in which case Final Acceptance shall be accomplished by such official.

B. The Work shall be done to the complete satisfaction of the Engineer. The Engineer will decide all questions, which may arise concerning the quality and acceptability of materials and equipment, furnished and Work performed, the rate of progress of the Work, and interpretation of the Contract Documents. The Engineer has the authority to reject Work that is defective or does not otherwise conform to the Contract Documents.

C. The Engineer will decide all questions concerning compensation, except those required by Port policy to be presented to the Port of Seattle Commission.

D. The Engineer is not responsible for and will not have control or charge of the means, methods, techniques, sequences, or procedures of construction, or for safety precautions or programs incidental thereto, these being the sole responsibility of the Contractor. Likewise, the Engineer shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. The Engineer will not be responsible for or have any control or charge of the acts or omissions of the Contractor, Subcontractors, Sub-Subcontractors, Suppliers, or any of their agents or employees, or any other persons performing a portion of the Work.

G-03.02 AUTHORITY OF THE MANAGER OF CONSTRUCTION SERVICES, CONSTRUCTION MANAGER, RESIDENT ENGINEER AND INSPECTORS

A. The Manager of Construction Services will represent the Engineer in the administration of the Contract and shall exercise the Engineer's authority as described in paragraph G-03.01, except as the Manager of Construction Services' authority may be limited by the Engineer.

B. The Construction Manager will represent the Manager of Construction Services in the administration of the Contract and shall exercise the Manager of Construction Services authority as described in paragraph G-03.01, except as the Construction Manager’s authority may be limited by the Manager of Construction Services.

C. The Resident Engineer will represent the Manager of Construction Services or Construction Manager in the administration of the Contract and shall exercise the Manager of Construction Services or Construction Manager’s authority as described in paragraph G-03.01, except as the Resident Engineer’s authority may be limited by the Manager of Construction Services or Construction Manager.

D. The Resident Engineer may employ inspectors or consultants to assist in determining that Work performed and materials and equipment furnished comply with the Contract


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Documents. Inspectors shall recommend to the Engineer rejection of any Work which is defective or which does not otherwise conform to the Contract Documents, and to suspend Work being done improperly. Inspectors shall have such additional authority as may be delegated by the Resident Engineer. Inspectors are not authorized to approve or accept Work, or to change the Contract Documents.

G-03.03 ADMINISTRATION OF THE CONTRACT

A. Nothing in this Article or elsewhere in the Contract Documents shall be construed as requiring the Engineer, inspector, consultant, or other representative of the Port to direct or advise the Contractor as to the method or manner of performing the Work.

B. Advice given by the Port as to the method or manner of performing the Work or procuring materials to be furnished shall not constitute a representation or warranty by the Port that the result of such method or manner will conform to the Contract Documents or achieve the desired results. Such advice shall neither relieve the Contractor of any of its obligations under the Contract nor create any liability to the Port on account of such advice.

C. The Engineer may reject defective Work or Work that does not conform otherwise to the Contract Documents. However, the failure of the Engineer to do so shall not constitute approval or acceptance of such defective or non-conforming Work.

D. The fact that the Engineer or inspector was present during the progress of any construction does not relieve the Contractor from responsibility for defects in the Work, nor does it bind the Port Commission in determining whether to grant Final Acceptance of the Work.

E. Work done or material furnished which at any time is found not to conform to the requirements of the Contract shall be at the Contractor's risk and expense and shall furnish no basis for an increase in the Contract Sum or Contract Time, even though the Engineer or inspector may have failed to reject such work or material.

G-03.04 INFORMATION PROVIDED BY THE PORT

The Port will furnish the Contractor prior to the Notice to Proceed, without charge, up to 10 full size sets of drawings and specifications.

G-03.05 PORT'S RIGHT TO CARRY OUT OTHER WORK

The Port reserves the right at all times to perform or cause to be performed other and additional work on or near the site of this project. Should such other or additional work be either underway or subsequently undertaken at or near this project, the Contractor shall coordinate its activities with those of all other work forces and conduct its activities so that the operations of the Contractor and those persons performing the other or additional work suffer the least interference and delay. In the event of a disagreement between such other work forces and the Contractor or the Port as to the manner and order of performing the Work, the Engineer will resolve the disagreement, and his decision shall be final and binding on all parties.

G-03.06 OFFICERS AND EMPLOYEES OF THE PORT HAVE NO PERSONAL LIABILITY

Neither the Commission, Engineer, Construction Manager, Resident Engineer, Inspector, nor any other officer, employee or agent of the Port, acting within the scope of their employment, shall be


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personally liable for any of their acts or omissions in connection with this Contract, it being understood that in such matters they are acting solely as agents of the Port.

G-03.07 SERVICE OF NOTICES ON THE CONTRACTOR

Any written notice required under the Contract to be given to the Contractor may, at the option of the Port, be served on the Contractor by personal service, mail, or private courier. Delivery of the notice will be made to the last address provided in writing to the Engineer. For the purpose of measuring time in determining the parties' rights and obligations with respect to the Contract, notice (other than that given by personal service) is conclusively presumed to be received by the Contractor on the second business day following the Port's placing the notice in the U.S. mail or delivering it to the private courier.

G-03.08 ADDITIONAL RIGHTS OF THE PORT

In addition to the rights afforded the Port in this Article, the Port shall have the additional rights provided in other Articles of these General Conditions, as well as all rights afforded it by law. See, for example, Article 9 (Changes, Claims, Protests and Disputes) and Article 10 (Port of Seattle's Rights and Remedies and Termination of Contract).

ARTICLE G-04 CONTRACTOR'S RESPONSIBILITIES

G-04.01 EXAMINATION OF THE SITE OF WORK AND CONTRACT DOCUMENTS

By executing the Agreement Form, the Contractor represents that it has carefully examined and investigated the site(s) of the Work, including material site(s), and the Contract Documents. The submission of its Bid shall be conclusive evidence that the Contractor represents and acknowledges that it has made such examinations and investigations and is satisfied as to the conditions to be encountered in the performance of the Work, including the character, quantity, quality and scope of the Work, the quantities and qualities of materials to be supplied, the character of the site, and equipment and labor to be used, the requirements of all documents contained or referenced in the Contract Documents and how all such requirements correlate to the conditions at the site(s) of the Work.

G-04.02 ERROR, INCONSISTENCY, OMISSION OR VARIANCE IN THE CONTRACT DOCUMENTS

The Contractor shall carefully study and compare the Contract Documents and shall at once report to the Engineer any error, inconsistency, omission, or variance from applicable laws, statutes, codes, ordinances, or regulations which is discovered. The Contractor shall promptly report such discovery prior to commencement of any portion of the Work affected by any such error, inconsistency, omission, or variance. The Contractor shall not be liable to the Port for damage resulting from such error, inconsistency, omission, or variance, but shall make all reasonable efforts to mitigate any impact resulting from such error, inconsistency, omission or variance. If the Contractor proceeds with the work and fails to promptly report the discovery of any error, inconsistency, omission, or variance known or believed by the Contractor to exist, the Contractor shall assume full responsibility therefore and shall bear all costs, liabilities and damages attributable to such error, inconsistency, omission, or variance.


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G-04.03 SUPERVISION AND CONSTRUCTION PROCEDURES

A. The Contractor shall supervise and direct the Work using its best efforts, skills and attention. The Contractor shall be solely responsible for, and shall have full control and charge of construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, including the work of Subcontractors, Sub-Subcontractors, Suppliers and all other persons performing a portion of the work. The Contractor is for all purposes an independent contractor and not an agent or employee of the Port.

B. The Contractor may not assign any portion of this Contract without the Port's prior written consent.

C. The Contractor shall be fully responsible to the Port for the acts or omissions of its employees, agents, Subcontractors, Sub-Subcontractors, Suppliers and their agents and employees, and all other persons who are to perform any of the Work.

D. The Contractor shall keep a competent resident Project Manager and/or Superintendent at the site of the Work continuously during its progress. The Project Manager or Superintendent shall not be replaced without prior written notice and approval by the Port. The Project Manager and Superintendent shall be experienced, capable of understanding and familiar with the Work and able to properly supervise performance of the Work. The Project Manager or Superintendent shall be the Contractor's representative and shall have authority to act on behalf of and bind the Contractor with respect to this Contract, except that the Contractor may indicate, in writing, limits on the authority of the Project Manager or Superintendent. Communications or notices directed or given to the Project Manager or superintendent shall be as binding as if given to the Contractor.

E. All Work shall be performed under the continuous supervision of competent and skilled personnel experienced in the tasks being performed. The Contractor shall at all times enforce strict discipline and good order among all workers on the project. Incompetent, careless, or negligent workers shall be immediately removed from the performance of the Work by the Contractor upon written request of the Engineer.

F. The Contractor shall not be relieved from its obligation to perform the Work in accordance with the Contract Documents either by the activities of the Engineer or by reason of inspections, tests, or approvals required or performed by or for the Engineer.

G-04.04 CONTRACTOR TO PROVIDE ALL LABOR, MATERIALS AND EQUIPMENT

Unless specified otherwise in the Contract Documents, the Contractor shall include in its Bid and shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, taxes (e.g., excise taxes), tariffs, transportation and other facilities and services necessary for the proper execution of the Work to completion, whether the same are temporary or permanent and whether or not incorporated or to be incorporated into the Work.

G-04.05 PREVAILING WAGE RATES TO BE PAID

A. The wage rates to be paid all laborers, workers and mechanics who perform any part of this Contract shall be not less than the prevailing wage rates as required by Chapter 39.12 of the Revised Code of Washington, as amended. This requirement applies to laborers, workers and mechanics whether they are employed by the Contractor, Subcontractors,


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Sub-Subcontractors, or any other person who performs a portion of the work contemplated by this Contract.

B. The current prevailing wage rates as provided to the Port by the Industrial Statistician of the Washington State Department of Labor and Industries are included and incorporated in the Contract Documents. In referencing such rates, the Port does not imply or warrant that the Contractor will find labor available at those rates. It is the Contractor's sole responsibility to determine the wage rates it will actually have to pay. A copy of the most current “Prevailing Minimum Hourly Wage Rates,” published by the State of Washington Department of Labor and Industries, is included as an appendix to these Supplementary Conditions.

C. In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State and the Director's decision therein shall be final and conclusive and binding on all parties involved in the dispute, as provided for by Section 39.12.060 of the Revised Code of Washington, as amended.

D. In connection with this Contract, the Contractor will be required, pursuant to Section 39.12.040 of the Revised Code of Washington to file with the Port a "Statement of Intent to Pay Prevailing Wages" and an "Affidavit of Wages Paid" for itself and all Subcontractors and Sub-Subcontractors. The Statements require the "approval" of, and the Affidavits the "certification" of, the industrial statistician of the State Department of Labor and Industries before the Statements or Affidavits are to be presented to the Port. The Department of Labor and Industries charges a fee for such approval and certification, which fee shall be paid by the Contractor. Any change in the fee will not be grounds for revision in Contract Sum.

E. On work funded in whole or in part by Federal monies current Federal wage determination rates are included in the Contract Documents. If a State of Washington minimum wage rate conflicts with a Federal minimum wage rate for the same labor classification, the higher of the two shall govern.

F. All workers delivering fill, sand, gravel, crushed rock, transit/concrete mix, asphalt or other similar materials and all workers removing any materials from the construction site as required by the specifications are subject to the provisions of RCW chapter 39.12 and are entitled to the appropriate Prevailing Wage Rate. For purposes of this contract, such materials are for specified future use and per WAC 296-127-018, delivery and pick-up of the above listed materials constitutes incorporation.

G. The Contractor is required to include this provision in all sub-contracts and shall require that it be placed in all sub-sub contracts at any tier.

G-04.06 MATERIALS AND EQUIPMENT TO BE NEW

All materials and equipment required to be incorporated into the Work shall be new, except as otherwise provided in the Contract Documents. All such materials and equipment shall be applied, installed, connected, erected, used, cleaned, maintained and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processor, except as otherwise provided in the Contract Documents. Upon the request of the Engineer, the Contractor shall furnish satisfactory evidence as to the kind, quality and manufacturer of materials and equipment.


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G-04.07 SUBSTITUTIONS OF MATERIALS OR EQUIPMENT

A. It is not the intent of the Port to exclude other materials, equipment, or processes or to limit competition in bidding when a proprietary name is used in the specifications. Therefore, unless the proprietary name referred to in the specifications is followed by words indicating that no substitution is permitted, materials, equipment, or processes of other manufacturers, fabricators, suppliers, or distributors will be considered by the Engineer for substitution. The naming of such items is intended to establish the type, function, aesthetic appearance (or value) and standard of quality and performance required by this Contract, unless indicated otherwise.

B. No substitutions will be allowed prior to bid opening. See Document 00200, IB-06.05 Alternative Bids.

C. See Section 01630 regarding proposed substitutions after award.

G-04.08 DISPOSAL OF WASTE MATERIALS

A. Waste material is defined as all material from demolition, excavation, dredging, or other source that is unsuitable to, or in excess of the needs of the work, or material that is designated for removal and disposal off of Port property. All waste materials shall become the property of the Contractor, with the exception of materials containing substances classified as hazardous, potentially hazardous, infectious, toxic or dangerous under applicable Local, State and/or Federal regulations which shall be handled and disposed of as directed by applicable regulations and/or the Contract Documents.

B. Hazardous, potentially hazardous, infectious, toxic or dangerous materials shall be disposed of in strict compliance with all regulations and the Contract Documents and as directed by the Engineer.

C. The Contractor is solely responsible for the lawful managing and disposal of waste material and shall indemnify, defend and hold the Port harmless from all liability, damages, claims, lawsuits, penalties and expenses, whether direct, indirect or consequential (including but not limited to attorney's and consultant's fees and other expenses of litigation or arbitration) arising from or in any way connected with, the demolition, excavation, removal or disposal of materials, except as specified for hazardous materials.

D. The value of waste materials, if any, shall be reflected in the total Contract Sum.

E. Should the Contractor, during the course of the Work, encounter site materials that it believes may be hazardous, potentially hazardous, infectious, toxic or dangerous, it shall immediately notify the Engineer.

F. The Port of Seattle will retain title to all hazardous waste presently on site encountered during demolition, removal, and excavation. This does not include hazardous materials generated by the Contractor, such as used motor oils, lubricants, cleaners, etc. Contractor shall dispose of such hazardous waste according to the Contract Documents, following local, State, and Federal regulations. The Port of Seattle will be shown as the hazardous waste generator and will sign all hazardous waste shipment manifests for non-contractor generated hazardous wastes. Nothing contained within these Contract Documents shall be construed or interpreted as requiring Contractor to assume the status of Owner or generator of hazardous waste substances for non-contractor generated hazardous wastes.


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G. Contractor shall follow EPA and all other regulations regarding reporting the disposal of all materials.

G-04.09 WARRANTIES

A. The Contractor warrants to the Port that all workmanship, materials and equipment furnished under this Contract will be new unless otherwise specified, and that all Work will be of good quality, free from fault or defect and in conformance with the Contract Documents. All Work not conforming to the foregoing requirements, including unapproved or unauthorized substitutions shall be considered defective.

B. All Subcontractors', Sub-Subcontractors', Manufacturers', and Suppliers' warranties and guarantees, express or implied, respecting any part of the Work and all materials used therein shall be obtained and enforced by the Contractor for the benefit of the Port without the necessity of separate transfer or assignment thereof. When directed by the Engineer, the Contractor shall require Subcontractors, Sub-Subcontractors, Manufacturers and Suppliers to execute separate warranties and guarantees in writing directly to the Port.

C. The Contractor warrants that title to all Work, materials and equipment covered by a request for a progress payment or final payment will pass to the Port either by incorporation in the construction or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances. The Contractor further warrants that no Work, materials, or equipment covered by a request for a progress payment or final payment will have been acquired by the Contractor, or by any other person performing Work at the project site or furnishing materials and equipment for the project, which Work, materials, or equipment are subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller of the same or is otherwise imposed by the Contractor or other person.

D. Correction of work that is defective or otherwise not in conformance with the Contract Documents shall be accomplished by the Contractor in accordance with G-04.23, Correction of Work.

G-04.10 STATE AND LOCAL TAXES

A. All or a portion of the labor and materials furnished under this Contract may be subject to retail sales taxes and other state and local taxes which taxes are payable by the Contractor.

B. State Taxes: The Washington State Department of Revenue has issued special rules designed to assist the Contractor in accurately reporting to the Department of Revenue the Contractor's tax liability. Although information may be included in the Project Manual regarding the application of state taxes to a particular contract or Bid Item, it shall be the Contractor's responsibility as to the correct interpretation of the laws and regulations relating to such taxes. Adjustments will not be made in the amount to be paid by the Port under the contract because of any misunderstanding by the Contractor as to the Contractor's liability for, or the amount of, any taxes. If the Contractor is in doubt as to the tax procedures in any particular case, the Contractor shall consult with the Washington State Department of Revenue.

C. State Sales Tax - Rule 170: WAC 458-20-170, and its related rules, applies to the constructing and repairing of new or existing buildings, or other structures, upon real property. For work performed in such cases, the Contractor shall collect from the Port, retail sales tax on the full contract price. The Port will automatically add this sales tax to


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each payment to the Contractor. The Contractor shall not include the retail sales tax in the schedule prices, or in any other contract amount subject to Rule 170.

D. State Sales Tax - Rule 171: WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used, primarily, for foot or vehicular traffic. For work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various schedule prices, or other contract amounts, including those that the Contractor pays on the purchase of materials, equipment, or supplies used or consumed in doing the Work.

E. The schedule(s) of prices will indicate which bid items are subject to Rule 171. Any such identification by the Port is not binding upon the Department of Revenue.

G-04.11 PERMITS, LICENSES, FEES AND NOTICES

A. Unless otherwise specified in the Supplementary Conditions, the Contractor shall procure and pay for all permits, licenses and all governmental inspection fees which are necessary or incidental to the performance of the Work and shall give all notices required by such permits and licenses. Any action taken by the Port to assist the Contractor in obtaining permits or licenses shall not relieve the Contractor of its sole responsibility to obtain permits or licenses.

B. Where applicable law, regulations, ordinances or agency policy prohibits the issuance of a necessary temporary operational or other permit to entities other than a public agency, the Port will support the Contractor's request for such permit and will accept the permit in the Port's name, but only if:

1. The Contractor takes all necessary action leading to the issuance of the permit;

2. The permit is determined to be in the public interest;

3. The permit applies only to work performed in connection with this Project;

4. The Contractor agrees in writing, in a form approved by the Port, to abide by all requirements of the permit, and to indemnify, defend and hold harmless the Port from any liability in connection with work prosecuted under the permit; and

5. The Contractor agrees, in writing, to indemnify, defend and hold the Port harmless from all expenses incurred in connection with such permit.

C. All costs incurred in connection with permits and licenses shall be considered incidental to the Contract and included in the Contract Sum; no increase in the Contract Time or Contract Sum will be made. Loss of time, if any, suffered by the Contractor due to unreasonable delays in obtaining permits or licenses may be considered in relation to a request by the Contractor for an adjustment to the Contract Time in accordance with paragraph G-07.03. The Contractor shall assume all costs and liabilities arising from the use of patented devices, materials, or processes used on or in performance of the Work.

D. Contractor is responsible to notify in writing appropriate agencies at the start of construction.

G-04.12 UTILITIES AND SIMILAR FACILITIES

A. Where removal or relocation of known utilities is necessary to accommodate construction, such removal or relocation shall be performed at the Contractor's sole expense unless it is specified in the Contract Documents that it will be performed by the Port.


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B. Where the utility owner is identified as being responsible for removing or relocating utilities, such work will be accomplished at the utility owner's convenience, either during or in advance of construction. If the Contractor discovers the presence of any utilities at the Project site, it shall immediately so notify the Engineer in writing.

C. The right is reserved to the Port and the utility owner to enter upon the project site from time to time to make such changes as are necessary for the relocation of the utilities or to make necessary connections or repairs. The Contractor shall cooperate with and facilitate any necessary access to or on the job site by the forces engaged in such work and shall conduct its operations in such a manner as to avoid delay or hindrance to the work being performed by such other forces. Whenever necessary, the Contractor shall make timely arrangements with the utility owner for the coordination of the Work.

D. When the Contractor wishes to have any rearrangement made to any utility or other improvement for the Contractor's convenience in order to facilitate the construction operation, which rearrangement is in addition to or different from the rearrangement indicated in the Contract Documents, the Contractor shall (after obtaining the Port's written approval of the proposed rearrangement) make whatever arrangements are necessary with the owners of such utility or other improvements for such proposed rearrangement and the Contractor shall bear all expenses in connection therewith.

E. All costs incurred as a result of performance of the Contractor's obligations under this paragraph shall be considered incidental to the Contract and included in the Contract Sum; no increase in the Contract Sum or Contract Time will be granted. Loss of time, if any, suffered by the Contractor due to delays in removal or relocation of any utilities by others may be considered in relation to a request by the Contractor for an adjustment to the Contract Time in accordance with paragraph G-07.03.

F. Before commencing any excavation, the Contractor shall provide notice of the scheduled commencement of excavation to all owners of underground facilities in accordance with RCW 19.122. The Contractor may encounter underground utilities during work operations. It shall be the Contractor's responsibility to locate and protect these utilities from damage.

G. If any underground utility not identified in the Contract Documents must be relocated to accommodate the Project, the Engineer will either arrange for the relocation of such utility or provide written authorization for the Contractor to do such work. If the Contractor performs such work, the Contractor will be paid for the work by unit prices, if applicable, a price previously agreed to by the Port and the Contractor, or on a Force Account basis.

H. If it is necessary to provide temporary connections to a utility shown in the Contract Documents due to conflicts during the course of construction or to maintain operations and service, it shall be the responsibility of the Contractor to do so at no additional cost.

I. Utilities damaged by the Contractor shall be repaired by the Contractor to their original condition at the Contractor's expense. The Contractor shall notify the Engineer immediately of any such damage and shall begin repairs immediately and work continuously until the utility is restored to the satisfaction of the Engineer.

J. Contractor shall plan and execute its work to prevent outages in existing utilities or disruption of service. Existing utilities shall be staked/marked/potholed to verify location before excavation begins.

K. The Contractor is alerted to the existence of RCW 19.122, an act relating to underground utilities and prescribing penalties. Any cost or scheduling impact incurred by the


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Contractor by reason of Contractor's required compliance with these statutory provisions shall be borne by the Contractor.

G-04.13 CONTRACTOR TO COMPLY WITH ALL LAWS

The Contractor shall at all times comply with all federal, state and local laws, ordinances and regulations, including but not limited to those environmental laws and other laws listed in the Contract Documents and other laws referred to herein, which in any manner apply to the performance of this Contract. Such compliance shall include, but is not limited to, the payment of all applicable taxes, royalties, license fees, penalties and duties.

G-04.14 SAFETY

A. The Contractor assumes full responsibility for and shall comply with all safety laws, regulations, ordinances and governmental orders with respect to the performance of this Contract. The Contractor shall so conduct all operations under this Contract as to offer the least possible obstruction and inconvenience to the Port, its tenants, public and abutting property owners. In addition to the obligation imposed by this subparagraph, the Contractor shall be responsible for employing adequate safety measures and taking all other actions reasonably necessary to protect the life, health and safety of the public and to protect adjacent and Port-owned property in connection with the performance of the Work. The Contractor shall have the sole responsibility for the safety, efficiency and adequacy of the Contractor's plant, appliances and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the Project Site, including safety of all persons and property in performance of the Work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not, and shall not, be intended to include review and adequacy of the Contractor's safety measures in, on, or near the Project site.

B. The Contractor shall establish and supervise:

1. a safe and healthy working environment;

2. an accident prevention program; and

3. training programs to improve the skill and competency of all employees in the field of occupational safety and health.

C. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA).

D. The Contractor shall comply with the Federal Occupational Safety and Health Act of 1970 (OSHA), including all revisions and amendments thereto; the provisions of the Washington Industrial Safety Act of 1973 (WISHA); and the requirements of the following chapters of the Washington Administrative Code:

1. Chapter 296-24 WAC General Safety and Health Standards.

2. Chapter 296-62 WAC Occupational Health Standards.

3. Chapter 296-155 WAC Safety Standards for Construction Work.

E. In addition, the Contractor shall comply with the following requirements when they are applicable:


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1. Chapter 296-44 WAC Safety Standards - Electrical Construction Code.

2. Chapter 296-45 WAC Safety Standards - Electrical Workers.

3. Local Building and Construction Codes.

In cases of conflict between different safety regulations, the more stringent regulation shall apply.

F. The Contractor shall maintain at the Project Site office, or other well-known place at the Project Site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor's care, persons, including employees, who may have been injured on the Project Site. Employees should not be permitted to work on the Project Site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor's care.

G-04.15 DISRUPTIONS CAUSED BY LABOR OR OTHER DISPUTES

A. Definition: The term "dispute" as used in this paragraph includes labor-related and non-labor-related disputes, whether or not the persons or other entities involved in the dispute have an employment relationship with either the Contractor or the Port. Examples of such disputes include, but are not limited to, informational or other picketing and all other forms of concerted or non-concerted activity.

B. Required Contractor Actions: The Contractor will take all reasonable steps to prevent all disputes arising from the presence of or the performance of the Work by the Contractor, its Subcontractors, Sub-Subcontractors or Suppliers, from disrupting the Project or otherwise interfering with access to Port property by the Port, its agents, employees, tenants or employees thereof, or other contractors engaged on or near the site of the Work. If such dispute disrupts the progress of the Work or interferes with access to Port property, the Contractor shall promptly and expeditiously take all reasonable action to eliminate or minimize such disruption or interference, including but not limited to: (a) utilizing all reasonable means to prevent all unlawful conduct or picketing, or to restrict all lawful picketing or other activities to a single entrance to Port property; (b) posting notices or signs which advise interested persons and labor organizations that a particular entrance to Port property is for the employees of "primary" or, as the case may be, "neutral" employers; (c) policing entrances to assure that only authorized personnel may use the same; (d) notifying all interested labor organizations of the "primary" or "neutral" status of particular entrances; (e) upon the request of the Port, altering or rerouting the access to the site(s) of the Work; and (f) in the event any such picketing or activity is unlawful or has a secondary impact upon the employees of neutral employers, tenants or their suppliers or contractors, promptly and expeditiously taking appropriate action to seek recourse through the appropriate governmental agency or State or Federal courts to limit the location of such picketing so as to reduce the impact thereof upon neutral employers.

The Port will cooperate with the Contractor to accomplish the foregoing actions and will render its assistance where appropriate; however, the Port shall have the right, without providing additional compensation to the Contractor, to direct the Contractor to modify any of the foregoing actions which the Contractor has taken or plans to take, or to overrule such actions, to designate the entrances to be used as "primary" or "neutral" entrances, and to take appropriate legal action in order to protect the interests of the Port and those of its tenants and other contractors. The foregoing actions to be taken by the Contractor are the Contractor's primary responsibility. Neither the failure of the Port to request that


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the Contractor take a specific action nor the exercise by the Port of its rights under this paragraph shall modify or constitute a defense to or waiver of the obligations imposed upon the Contractor in this paragraph.

Failure to take the action described above or to comply with the directives of the Port shall be considered a material breach of the Contract.

C. If and to the extent that the Contractor fails to satisfy the obligations imposed on it by subparagraph B of this paragraph, the Contractor shall be liable for and defend, indemnify and hold harmless the Port, Commission, Engineer and all other officers, employees and agents of the Port from all liability, claims, damages, losses and expenses (including, but not limited to, attorneys' and consultants' fees and other expenses of litigation or arbitration) brought against the Port by a third party (including, but not limited to, lessees, tenants, contractors, customers, licensees and invitees of the Port) for injunctive relief or for monetary losses caused by loss of use, lost revenue, or interference with the activities of the Port of such third party.

D. The Contractor shall pay all attorneys' fees and expenses incurred by the Port in establishing and enforcing the Port's rights under this paragraph, whether or not suit was instituted.

G-04.16 PROGRESS SCHEDULE

A. The Contractor shall prepare and submit to the Engineer a progress schedule in the form specified and within the time specified. Should the Contractor fail to provide and maintain a satisfactory schedule the Port will invoke its rights set forth in Article G-10.10.

B. The Contractor shall not less than monthly update, revise and keep current the progress schedule pursuant to the specified requirements should the Contractor Fail to comply with this paragraph, the Port will invoke its rights set forth in Article G-10.10.

G-04.17 RESPONSIBILITY FOR COMPLETION

A. The Contractor shall furnish such manpower, services, materials, facilities and equipment and shall work such hours, including night shifts, overtime operations, Sundays and holidays, as may be necessary to ensure the prosecution and completion of the Work or specified portions thereof within the specific dates of the Contract. If it becomes apparent to the Engineer from the progress on the current construction schedule that project milestones will not be achieved or the Work will not be completed within the Contract Time, the Contractor agrees that it will, as necessary, take some or all of the following actions, at no additional cost to the Port to recover lost time:

1. increase manpower in such quantities and crafts as will substantially eliminate, in the judgment of the Engineer, the backlog of work,

2. increase the number of working hours per shift, shifts per working day, working days per week or the amount of equipment, or any combination of the foregoing, sufficiently to substantially eliminate, in the judgment of the Engineer, the backlog of work; and

3. reschedule activities to achieve maximum practical concurrency of accomplishment of activities.

In addition, the Engineer may require the Contractor to submit a recovery schedule demonstrating its proposed plan to make up lag in scheduled progress and to ensure completion of the work within the Contract Time. If the Engineer finds the proposed plan


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not acceptable, he may require the Contractor to submit a new plan. If the actions taken by Contractor or the second plan proposed are not satisfactory, the Engineer may require Contractor to take any of the actions set forth in this Paragraph without additional cost to the Port to make up the lag in scheduled progress.

B. In the event any of the following conditions exist, the Contractor shall require that its Project Manager and/or Superintendent be at the job site not less than ten (10) hours per day, six (6) days per week, at no additional cost to the Port:

1. should Beneficial Occupancy not be accomplished on schedule;

2. should Substantial Completion not be accomplished on schedule;

3. should the Project schedule indicate the Contractor to be fourteen (14) or more days behind schedule at any time during construction up until thirty (30) days prior to scheduled Substantial Completion;

4. should the Project schedule indicate the Contractor to be seven (7) or more days behind schedule at any time during the last thirty (30) days prior to scheduled Substantial Completion.

C. If the Contractor does not expeditiously proceed with correctional completion of punchlist items identified in the Pre-Final Inspection, the Port may, in its sole discretion, remove such items from the contract by change order. In such instance, the Port may choose to (1) have the work performed by another contractor with the cost of such work to be deducted from the amount due the Contractor, or (2) accept a credit for the uncompleted work to be deleted by change order, with the amount of the credit to be negotiated between the parties. The rights provided the Port under this paragraph shall not relieve the Contractor of its responsibilities as required under any other provisions of this contract.

D. Failure of the Contractor to substantially comply with the requirements of this Paragraph may be considered grounds for a determination by the Port that the Contractor is failing to prosecute the Work with such diligence as will ensure its completion within the time specified and to take whatever action it deems necessary and appropriate under Article G-10.

G-04.18 CONTRACT RECORD DOCUMENTS

A. The Contractor shall maintain at the construction site, in good order for ready reference by the Engineer, one complete record copy of the Contract Documents, including the Addenda, Change Orders, and all working Drawings, Progress Schedule, and other approved submittals.

B. The Contract Drawings shall be marked up (“red lined”) to truly record all changes made during construction, i.e., "as-built" conditions. The location of all existing or new underground piping, valves and utilities, as located during the work, shall be appropriately marked on the ground until the actual field location dimensions and coordinates are incorporated into the contract record drawings.

C. The contract Documents shall be updated on a weekly basis. Failure to keep as-builts current will result in withholding of funds from payment in accordance with G-10.10.

D. Contract Record Documents shall be submitted to the Engineer in accordance with Division 01 of the Specifications.


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G-04.19 WORKING DRAWINGS, PRODUCT DATA, SAMPLES AND OTHER SUBMITTALS

A. The Contractor shall review and submit all working drawings, product data, samples and other items required by the Contract Documents to be submitted to the Port.

B. By submitting working drawings, product data and samples, the Contractor represents that it has determined and verified all materials, field measurements, and related field construction criteria, and that the Contractor has checked and coordinated the information contained within the submittal with the requirements of the Work and the Contract Documents.

C. Review by the Port of the Contractor's working drawings, product data, or samples shall not relieve the Contractor of full responsibility for the accuracy of dimensions and details. Such review shall likewise not constitute acceptance by the Port of the correctness or adequacy of such submittals, nor shall it constitute a representation or warranty by the Port that the drawings will satisfy the requirements of the Contract. The Port's review of a submittal shall not relieve the Contractor from responsibility for errors or omissions in the submittals.

D. Any Work delayed by reason of an improper submittal or a properly requested resubmittal is deemed to be entirely the Contractor's risk, and shall not be the basis for a claim by the Contractor for additional compensation or an extension of Contract time. Drawings marked "subject to change" will not be reviewed. The Port will not review submittals that depend for their review on other submittals not yet submitted, that are not required by the Contract Documents, or that are not submitted by the Contractor.

E. When resubmitting a submittal, the Contractor shall direct specific attention, in writing or on the resubmittal itself, to all revisions it has made by clouding, bolding, shading or highlighting.

G-04.20 CUTTING, FITTING AND PATCHING OF WORK

A. The Contractor shall be responsible for all cutting, fitting, patching or such other altering as may be required to complete the Work, or to make its several parts fit together properly.

B. The Contractor shall not damage or endanger any portion of the Work, other work of the Port, or that of any separate contractors by cutting, fitting, patching or other altering of any work, or by excavation. The Contractor shall not alter any of the work of the Port or any separate contractor without written authorization from the Port.

G-04.21 INSPECTION OF THE WORK

A. All Work and all materials and equipment furnished shall be subject to inspection by the Engineer. The Engineer shall have access to the Work at all times and shall be furnished by the contractor sufficient, safe and proper facilities (lifts, scaffolding, boats, including operators, etc.) to enable the Engineer to ascertain that the materials and equipment furnished and Work performed are in conformance with the Contract.

B. Upon request of the Engineer, the Contractor shall furnish without charge such samples of materials used or to be used in the Work to ensure conformance with the Contract Documents. Work performed or materials used without such inspection may be ordered removed and replaced at the Contractor's expense.


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C. Inspections, tests, measurements, or other acts or functions performed for or by the Port are recognized as being solely to assist the Engineer in determining that the Work, materials, rate of progress and quantities installed comply with the Contract requirements. Such activities shall in no manner whatsoever be construed to relieve the Contractor from the responsibility for compliance with the Contract.

D. The Work may be subject to inspection by various governmental agencies or by consultants or other agents of the Port. The Contractor shall cooperate and make the site available for all such persons or agencies with regard to their inspections. Such inspection shall in no way make such agencies or persons parties to this Contract and shall not constitute an interference with the Work or the rights of either the Port or the Contractor. In its scheduling and planning the Contractor shall allow sufficient time for such inspections.

E. Where work is required to be done on any railroad, utility, or other similar facility, representatives of the same shall be permitted by the Contractor to inspect the Work upon the request of the Engineer.

G-04.22 UNCOVERING OF WORK

A. If any portion of the Work should be covered prior to inspection called for by law or as required by the Contract Documents, the Contractor shall, upon request of the Engineer, uncover or remove the Work for inspection by the Engineer or other governmental representatives, and replace the Work to the standard required by the Contract Documents, all at the Contractor's expense.

B. If any other portion of the Work has been covered or completed, the Contractor shall, upon the request of the Engineer, remove or uncover such Work for the Engineer's observation. The Contractor shall subsequently restore that portion of the Work to the standard required by the Contract. If the exposed Work proves to be acceptable, the cost of removing or uncovering the Work and restoring that portion of the Work shall be paid for by the Port at a price previously agreed to by the Port and Contractor, or on a Force Account basis. If the exposed Work proves to be unacceptable, all costs associated with the removing or uncovering, correction and restoring that portion of the Work shall be at the Contractor's expense.

G-04.23 CORRECTION OF WORK

A. The Contractor shall, at no additional expense to the Port, promptly correct all Work, which is defective or otherwise fails to conform to the requirements of the Contract Documents. Upon notice from the Engineer of defective or non conforming work, the Contractor shall within seven (7) days replace the defective work or provide a written plan satisfactory to the Engineer indicating corrective action to be taken. Such Work shall be corrected even though it was previously inspected by the Port; payment for it was included in a progress payment, whether or not it was completed, and whether or not it was observed before or after the date of Completion.

B. If, within one year after Beneficial Occupancy or Substantial Completion of the Work (except as otherwise may be provided pursuant to subparagraph C of paragraph G-08.08, and except as noted elsewhere in the Contract Documents or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents), any of the Work is found to be defective or otherwise not in conformance with the Contract Documents, in addition to any remedies the Port may have elsewhere in this Contract, or, as may be allowed by law, the


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Contractor shall promptly correct such defective or non-conforming Work after receipt of written notice from the Port to do so. The obligation of this subparagraph shall survive termination of the Contract.

C. If the Contractor fails to promptly correct defective or non-conforming Work, the Port may correct it as provided for in paragraph G-10.06.

D. Work corrected by the Contractor under subparagraph B of this paragraph shall also be subject to the provisions of this paragraph to the same extent as Work originally performed and for an additional one-year period. Such one-year time period shall commence upon the acceptance by the Port of the corrected Work.

E. Nothing contained in subparagraph B of this paragraph shall be construed to establish a period of limitation with respect to any other obligation imposed on the Contractor by the Contract Documents, including the obligations imposed by paragraph G-04.09. The establishment of the time period of one year after the date of Beneficial Occupancy (BOD) or Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct defective or non-conforming Work, and bears no relationship to the time within which the Contractor's obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to obligations imposed on it by the Contract Documents or as otherwise may exist in law.

F. If the Port determines that defective or non-conforming Work does not constitute a dangerous or unsuitable condition, the Port may, at its sole option, elect to retain such Work. In such case, the Port shall reduce the Contract Sum in a reasonable amount to account for such defect or non-conformance.

G-04.24 RESPONSIBILITY FOR WORK

All Work performed under the Contract and all materials to be incorporated in the Work, whether in storage or on the site and whether under the care, custody and control of the Contractor, Subcontractors, or Sub-Subcontractors, shall be at the sole risk and responsibility of the Contractor until Substantial Completion of the entire project, except as may be limited by the Engineer in writing for Beneficial Occupancy of a designated portion thereof as provided in subparagraph G-08.08. Damage from any cause to either permanent or temporary work, utilities, materials, equipment, existing structures, the project site and other property owned by the Port or others, shall be repaired by the Contractor to the satisfaction of the Engineer at no additional cost to the Port.

G-04.25 CLEANUP

A. At all times, and as may specifically be requested by the Engineer, the Contractor shall clean up and remove all refuse resulting from the Work in order that the Project site remains free from an accumulation of construction debris. Upon failure to do so within 24 hours after request by the Engineer, such cleanup work may be done by the Port and the cost thereof shall be charged to the Contractor and deducted from the Contract Sum.

B. Upon completion of the Work and before Final Inspection, the Contractor shall clean the entire work premises occupied or used in connection with the Work of all rubbish, surplus and discarded materials, false work, temporary structures, equipment and debris. The entire Work premises shall be left in a clean, neat and presentable condition. The


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Contractor shall not remove warning, regulatory, or guide signs prior to Substantial Completion except as requested by the Engineer.

G-04.26 PROTECTION OF WORK DURING SUSPENSION

In preparation for and during any suspension of Work as provided in paragraphs G-10.03 and G-10.05, the Contractor shall take every precaution to prevent damage to, or deterioration of, the Work. Except as provided elsewhere in the Contract Documents, the Contractor shall be responsible for all damage or deterioration to the work during the period of suspension and shall, correct or restore the work to a condition acceptable to the Engineer prior to resuming work. A suspension of Work shall not relieve the Contractor of any of its responsibilities under the Contract.

G-04.27 SURVEYS

A. The Contractor shall provide sufficient space and safe facilities to enable the Engineer to set points and elevations. The Contractor assumes full responsibility for detailed dimensions and elevations measured from stakes and marks established by the Engineer.

B. All Work performed shall be in conformance with the lines, grades and dimensions indicated on the drawings or as staked by the Engineer. If a discrepancy is noted between the drawings and staking, the same shall immediately be brought to the Engineer's attention. Where tolerances are stated, the work performed shall be within those tolerances. The Engineer will determine if the Work conforms to such lines, grades and dimensions, and his determination shall be final.

C. All controls set by the Engineer or others shall be carefully preserved by the Contractor.

G-04.28 NOTIFICATION REGARDING EXCAVATED ARCHEOLOGICAL ITEMS

If resources of potential archeological significance are encountered during construction or excavation, the following steps shall be taken.

A. The Contractor will immediately stop work in the vicinity of the find and notify the Resident Engineer at the Port of Seattle.

B. 24-Hour security will be arranged.

C. If the find includes human remains:

1. The Resident Engineer shall immediately notify the following:

a. Port Police

b. King County Medical Examiner

c. Port Project Manager (PM)

2. The Port Police and King County Medical Examiner shall determine if the human remains are of archeological significance. The resources shall not be moved unless the resources are determined to have no archeological significance.

3. If the Medical Examiner determines that the human remains are of archeological significance, the PM shall notify the following:

a. State Office of Archaeology and Historic Preservation


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b. Department of Construction and Land Use, City of Seattle, for outside the City of Seattle notify the King County Department of Cultural Resources.

c. Suquamish Tribe

d. Muckleshoot Tribe

e. Duwamish Community

D. If the resources do not include human remains, the Resident Engineer shall immediately notify the PM who will notify the following:

1. State Office of Archaeology and Historic Preservation

2. Department of Construction and Land Use, City of Seattle, for outside the City of Seattle notify the King County Department of Cultural Resources.

3. Suquamish Tribe

4. Muckleshoot Tribe

5. Duwamish Community

E. The Press will not be notified prior to notification of Tribal groups.

F. The Port and its contractors shall work with a professional archaeologist to resume construction as soon as possible without compromising the archeological find. This will be done in accordance with the treatment plan and mitigation activities outlined in the Archeological Assessment to be done and provided by the Port.

G-04.29 GRATUITIES

The Contractor shall not extend any loan, gratuity, or gift of money or services in any form whatsoever to any employee or officer of the Port, nor shall the Contractor rent or purchase any equipment, materials, or services from any employee or officer of the Port.

G-04.30 RESERVED

G-04.31 NOTICE OF EVENTS

A. Notice. The intent of this clause is to ensure that the Port receives notice of an Event prior to the Contractor incurring alleged additional time and/or cost. If an Event occurs for which the Contractor believes an equitable adjustment in time or money is or will be due, the Contractor shall give the Port immediate oral notice of the Event followed by written notice within seven (7) days of such Event, which notice in all Events must be given and the Engineer’s direction received prior to performing the work. Such notice must identify in detail the basis for the claim.

B. Detailed Breakdown. Within 30 calendar days of the Event (without regard to when notice (if any) of the Event was provided), the Contractor shall provide the Port with a written breakdown of all of the elements and sub elements of the claim detailing the increase in the Contract time or Contract Sum being sought, in accordance with G-09.06D.

C. If the Contractor fails to satisfy the requirements of this paragraph, the Contractor shall be deemed to have waived all rights to assert any claim against the Port arising from, or related to the Event.


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G-04.32 PREREQUISITE TO SUIT

No legal action against the Port may be filed on account of a Claim or other liability arising out of or related to this Contract unless:

A. the requirements of paragraph G-04.31 have been complied with, and

B. the procedures of paragraph G-09.06 have been exhausted, and

C. the lawsuit is filed and served on the Port within 180 days of the date of Substantial Completion. The Contractor’s failure to strictly comply with all requirements of this section shall be a complete bar to any lawsuit.

For convenience of the parties to this contract, it is mutually agreed that any claims or causes of action which the contractor has against the Port arising from this contract shall be brought within 180 days from the date of substantial completion. The parties understand and agree that the Contractor’s failure to bring suit within the time period provided shall be a complete bar to any such claims or causes of action.

G-04.33 RESPONSIBILITY FOR DAMAGE

A. The Contractor shall bear sole responsibility for any pollution which may occur as a result of its operations, including but not limited to soil, air, water, noise, or other pollution, including but not limited to any costs (including attorneys' and consultants' fees), penalties, or other liabilities imposed or sought to be imposed as a result of such pollution.

B. The Contractor shall protect from damage all private, public and Port-owned utilities, including but not limited to communication lines, power lines, sewer and water lines, railroad tracks and appurtenances, traffic lighting and signal systems and similar facilities.

C. On the Contractor's own volition or upon Written Notice from the Engineer the Contractor shall, at no expense to the Port, provide and install safeguards acceptable to the Engineer to protect public and private property. If public or private property is damaged or destroyed or its use interfered with by the Contractor, the Contractor's agents or the Contractor's employees, such interference shall be terminated and damaged or destroyed property repaired and restored immediately to its former condition by the Contractor at the Contractor's expense. Should the Contractor refuse or not respond promptly to a written request to restore damaged or destroyed property to its original condition, the Engineer may have such property restored by other means at the Contractor's expense.

D. It is the Contractor's responsibility to protect the work from weather damage. In instances when the Contractor believes the weather to be detrimental to prosecution of the work the Engineer shall be notified immediately. No claim of weather delay will be approved without such notification.

G-04.34 INDEMNIFICATION

A. The Contractor shall defend, indemnify and hold harmless the Port and its agents from all liability, claims, damages, losses and expenses, whether direct, indirect or consequential (including, but not limited to, attorneys' and consultants' fees and other expenses of litigation or arbitration) arising out of the performance of this Contract, which is caused, or alleged to be caused, in whole or in part, by any negligent act or omission of the Contractor (which for the purposes of subparagraphs A and B of this paragraph only shall include the Contractor and all of its Subcontractors, Sub-Subcontractors, Suppliers, agents, any other person directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable); provided, however, that where such liability, claim,


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damage, loss or expense arises from the concurrent negligence of (1) the Port or its agents, and (2) the Contractor, it is expressly agreed that the Contractor's obligations of indemnity under this paragraph shall be effective only to the extent of the Contractor's negligence. Such obligations shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any person or entity described in this paragraph. This paragraph shall not be construed so as to require the Contractor to defend, indemnify, or hold harmless the Port from such claims, damages, losses or expenses caused by or resulting from the sole negligence of the Port or its agents.

B. In any and all claims against the Port or its agents by any employee of the Contractor, the indemnification obligation of subparagraph A above shall not be limited in any way by any limitation on the amount or type of damages, compensation benefits payable by or for the Contractor under applicable workers' or workmen's compensation, benefit, or disability laws (including, but not limited to the Industrial Insurance laws, Title 51 of the Revised Code of Washington). The Contractor expressly waives any immunity the Contractor might have had under such laws, and, by agreeing to enter this Contract, acknowledges that the foregoing waiver has been mutually negotiated by the parties.

C. The Contractor shall pay all attorney's fees and expenses incurred by the Port in establishing and enforcing the Port's rights under this paragraph, whether or not suit was instituted.

D. Additional indemnification obligations are imposed on the Contractor in paragraphs G-04.08, G-04.11 and G-04.15.

G-04.35 SOFTWARE

A. Notwithstanding any provisions to the contrary contained in any standard commercial license pertaining to any Software delivered under this Contract, the Port shall have the following rights as to such Software:

1. The Port of Seattle will have a perpetual, irrevocable, royalty-free (or paid up) license of the Software. Unless otherwise provided in the Supplementary Conditions, the license may be nonexclusive and nontransferable, subject only to the Port’s right to transfer to a successor-in-interest.

2. The Port shall have the right to use the Software, and may copy the Software for use: (i) on computer/hardware for which the Software was acquired and any replacement thereof, (ii) on any backup computer/hardware, in the event that the computer/hardware for which the Software was acquired is inoperative, and (iii) on such other media as the Port may elect for safekeeping (archival) or backup purposes.

3. Excluding only commercial off-the-shelf Software for which no customization has been provided, the Port shall be provided with a complete copy of the source code for all Software. For any commercial off-the-shelf Software for which Contractor has performed any configuration (other than that automatically provided by the installation utility bundled with the particular commercial off-the-shelf Software) or customization, the Port shall be provided with a complete record the process, information, code or data used in the configuration and a complete copy of the source code for any customized portion of the Software.

4. The Port shall specifically have the right to make modifications to, and create derivative works from, any portion of the Software for which the Port is entitled to


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receive the source code. Any such derivative work shall remain subject to the terms set forth in this Paragraph.

B. To the extent that the Software (and specifically the source code) constitutes an unpublished work for which Contractor claims trade secret protection, the Port of Seattle take reasonable measures to protect the secrecy of, and avoid the disclosure of and unauthorized use of, the Software; provided, however, the Port may disclosure the Software: (i) as required by law, including Washington’s Public Disclosure Act, (ii) to Port employees who require access to the information for purposes of the performance of their job and/or the fulfillment of any job-related responsibilities, and (iii) to contractors and/or subcontractors retained by the Port to perform repair or make modifications to the Software, provided those contractors and/or subcontractors likewise agree to maintain the confidentiality of the Software. The confidentiality restrictions set forth in this Paragraph shall end, as to any particular piece of information, in the event that that information (i) was publicly known or made generally available in the public domain prior to the time of disclosure by the Port; (ii) becomes publicly known and made generally available after disclosure to the Port through no action or inaction of the Port; (iii) is already in the possession of the Port at the time of disclosure, as shown by the Port’s files and records immediately prior to the time of disclosure; (iv) is obtained by the Port from a third party without a breach of such third party’s obligations of confidentiality; (v) is independently developed by the Port without use of or reference to the Software, as shown by the Port’s files and records.

C. In addition to any other warranties set forth in the Contract, Contractor warrants that the Software: (i) will not contain any routine, program, “virus” or code which has been intentionally designed or created to either allow unauthorized access to, or use of, the Software by any agent or employee of Contractor or by any third party, or cause the Software or other program or programs to malfunction; (ii) will not contain any timer, clock, counter, or other limited design or routine which causes the Software to be erased, inoperable, or otherwise incapable of being used in the full manner for set forth under this Contract, (iii) will be compatible and consistent with the current release of all Port operating system(s) and database system(s) (if any) on which the Software will be used, (iv) will make use of only supported systems and products (i.e.- no shareware, freeware, or unsupported legacy products); (v) will include application of all current upgrades and patches; and (vi) uses appropriate protocols and methods for integrity and security (i.e. encryption, authentication, logging, etc.).

D. In addition to any other indemnities set forth in this Contract, Contractor will defend, indemnify and hold the Port harmless from all liability, claims, damages, losses and expenses (including, but not limited to, attorneys' and consultants' fees and other expenses of litigation or arbitration) for claims for actual or alleged infringement of any patent, copyright, trade secret or other proprietary or intellectual property right arising from the Software; provided, however, Contractor shall have no obligation with respect to such liability, damages, losses and expenses to the extent attributable to the acts or omissions of the Port.


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ARTICLE G-05 SUBCONTRACTORS AND SUPPLIERS

G-05.01 CONTRACTOR IS RESPONSIBLE FOR ACTIONS OF SUBCONTRACTORS AND SUPPLIERS

The Contractor is fully responsible for the acts and omissions of all Subcontractors, Sub-Subcontractors, Suppliers and all other persons performing a portion of the Work.

G-05.02 AWARD OF CONTRACTS TO SUBCONTRACTORS AND SUPPLIERS

A. Unless otherwise provided in the Contract Documents, the Contractor shall submit to the Engineer in writing the identity of the proposed Subcontractors and those Suppliers who are to furnish materials or equipment specifically designed for this Project. This information shall be provided to the Port prior to Notice to Proceed. The Engineer will respond to the Contractor within 10 days in writing stating whether or not the Port has an objection to any such proposed Subcontractor or Supplier. Failure of the Engineer to respond shall constitute notice of no objection. If at any time during the performance of this Contract the Contractor wishes to add or make a substitution for a Subcontractor or such Supplier, the Contractor shall first give the notice required above, and the Port may object to such proposed substitute within ten (10) days of being so notified.

B. Subcontractor Responsibility:

1. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Port, the Contractor shall promptly provide documentation to the Port demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier.

2. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria:

a. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal;

b. Have a current Washington Unified Business Identifier (UBI) number;

c. If applicable, have:

1. Have Industrial Insurance (workers’ compensation) coverage for the subcontractor’s employees working in Washington, as required in Title 51 RCW;

2. A Washington Employment Security Department number, as required in Title 50 RCW;

3. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW;

4. An electrical contractor license, if required by Chapter 19.28 RCW;


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5. An elevator contractor license, if required by Chapter 70.87 RCW.

d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3).

C. The Contractor shall not enter into a contract with a proposed Subcontractor or a Supplier of specifically designed equipment to whom the Port has made reasonable objection pursuant to subparagraph A of this paragraph. Likewise, the Contractor will not be required by the Port to contract with an entity to whom the Contractor has a reasonable objection.

D. The award of a subcontract or contract for the supplying of materials or equipment, by the Contractor does not create a contract between the Port and the Subcontractor or Supplier. Subcontractors and Suppliers shall have no rights whatsoever against the Port by reason of their contract with the Contractor. The foregoing provision shall apply with equal force to Subcontractors, Sub-Subcontractors, Suppliers and all other persons otherwise engaged to do any portion of the Work.

E. When a portion of the Work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the Engineer, the Contractor shall, on the written request of Engineer, take immediate steps to correct the deficiency or remove the Subcontractor, or Sub-subcontractor, from the Project. In the event of removal, the removed Subcontractor, or Sub-subcontractor, shall not be further employed in the Work.

F. The Contractor shall make available to each Subcontractor, Sub-subcontractor and Supplier, prior to execution of contracts by the same, a copy of the Contract Documents to which the Subcontractor, Sub-subcontractor, or Supplier is to be bound.

G. The Port reserves the right to obtain copies of any Subcontractor, Sub-Subcontractor and Supplier agreements at any tier from the Contractor.

G-05.03 SUBCONTRACTOR AND SUPPLIER RELATIONS

By an appropriate agreement, the Contractor shall require that each Subcontractor and Supplier, to the extent of the Work to be performed by that Subcontractor or Supplier, be bound to the Contractor to perform such portion of the Work according to the terms of the Contract Documents and to assume toward the Contractor all of the obligations which the Contractor assumes toward the Port under this Contract. Such agreement shall preserve and protect the rights of the Port with respect to the Work to be performed by the Subcontractor or Supplier so that the contracting thereof by the Contractor to others will not prejudice the Port's right to have the Work performed in accordance with the Contract Documents. The Contractor shall require each Subcontractor and Supplier to enter into similar agreements with all Sub-Subcontractors and Suppliers, so that this requirement shall be applicable to Sub-Subcontractors and Suppliers at all tiers.

ARTICLE G-06 EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION

G-06.01 COMPLY WITH ALL LAWS

The Contractor shall fully comply with all federal, state and local laws, regulations and ordinances pertaining to non-discrimination, equal employment and affirmative action.


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G-06.02 COMPLY WITH PORT OF SEATTLE POLICY AND REQUIRED ACTIONS

The Port has a comprehensive policy regarding equal employment opportunities for minority and women's business enterprises and affirmative action. Pursuant to such policy, the Contractor is required to take certain specific actions, including providing the Port with reports and affidavits in connection with its performance of this Contract. The Port's policy and the specific obligations to be performed by the Contractor are set forth in Document 00830 of the Project Manual.

ARTICLE G-07 TIME

G-07.01 CONTRACT TIME

A. Contract Time is the period of time between Award and Substantial Completion as provided in the Contract Documents for the completion of the Work by the Contractor. Contract Time may be extended or reduced only by Change Order.

B. Notice to Proceed (NTP), allowing on-site work to begin, will be issued by the Engineer following approval of required preconstruction submittals.

C. The date of completion of the Work is the date of the Memorandum of Substantial Completion issued by the Engineer, and ends Contract Time. The Memorandum of Substantial Completion does not constitute final acceptance of the Work

D. Portions of the Work may be required to be completed within certain times or by certain dates. Such times, dates and work will be set forth in the Contract Documents.

G-07.02 PROGRESS AND COMPLETION

A. All time limits stated in the Contract Documents are of the essence of this Contract.

B. The Contractor shall begin on site Work on the date indicated in the Notice to Proceed with adequate equipment and forces in order to bring the Work to completion within the Contract Time.

G-07.03 EXTENSIONS OF CONTRACT TIME

A. Reasonable Delays. The Contractor should anticipate that some reasonable delays, including those caused by normal weather patterns, might occur. The Contractor shall not be entitled to any compensation, damages, or extension of the Contract Time for such reasonable delays.

B. Excusable Delays. The Contract Time may be extended without compensation by the Port for a period equivalent to the time that the Engineer determines that the Contractor was delayed in the Work by one or more of the following causes, beyond the control of the Port and the Contractor, occurring during the performance of the Work:

1. Fire or other casualty for which the Contractor is not at fault or otherwise responsible;

2. Strike, riot, war, or civil disorder;

3. Suspension of Work due to unusual and severe weather

4. Suspension of Work due to other unsuitable conditions in accordance with paragraph G-10.03,


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C. Unreasonable Delays. Extensions of Contract Time, if any, shall be determined by the Engineer. Time extensions will be allowed only to the extent that completion of the Work is unreasonably delayed through no fault of the Contractor, which must in all cases, be substantiated by impact to the critical path on the Progress Schedule. Any extension of the Contract Time by the Port will be set forth in a Change Order, which shall specify the calendar days by which the Contract Time is to be increased.

D. No extension of time shall be allowed for any claimed delay which is caused by or results from the fault, negligence, or collusion of the Contractor, or its Subcontractors, Sub-Subcontractors, Suppliers, or any others, or any of their acts or failure to act or to timely perform the Work according to the Contract. Failure to make timely submittals to the Port, procure materials or workmen or perform the Work in accordance with the requirements of the Contract or to adequately plan for such functions will not be considered an adequate reason for an extension of Contract Time.

E. In no event shall the Contractor be entitled to damages for any delay in the Contractor's prosecution of the Work, even if such delay is caused by the Port, unless the acts or omissions of the Port result in an unreasonable delay, in which case the Contractor may receive an adjustment to the Contract Sum. Any request for such cost shall be established and documented by the Contractor in detail to the satisfaction of the Engineer in accordance with Paragraph G-09.03, Compensation for Changes.

F. If the Contractor fails to fully comply with paragraph G-04.31, its claim for an extension of Contract Time on account of such claimed delay is waived.

ARTICLE G-08 PAYMENTS, COMPLETION AND FINAL ACCEPTANCE

G-08.01 ALL PAYMENTS SUBJECT TO APPLICABLE LAWS

A. All payments made to the Contractor under this Contract are subject to all laws applicable to the Port in general and to this Contract in particular.

B. In particular, the law does not permit the Port to make any payments to the Contractor under this Contract until proper and approved Statements of Intent to Pay Prevailing Wages have been filed with the Port as required by paragraph G-04.05 and Section 39.12.040 of the Revised Code of Washington, as amended.

G-08.02 SCOPE OF PAYMENT

A. The Contractor shall be compensated as provided for in this Contract for performing all of the Work in accordance with the Contract Documents, including changes made to the Work by Change Order. Payment of the Contract Sum shall constitute the full compensation to the Contractor for performance of the Work, including all risk, loss, damage, or expense of whatever character arising out of the nature of the Work or the prosecution thereof, and for all reasonable expenses properly incurred in the event and consequence of a suspension or discontinuance of the Work pursuant to the Contract.

B. The Port need not pay for work done beyond lines and grades established by the Engineer, or extra work or materials furnished without prior written approval of the Engineer. The Port may order such unauthorized work to be removed at no expense to the Port.


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G-08.03 RETAINED PERCENTAGE

In accordance with Section 60.28.011 of the Revised Code of Washington, the Port will retain five (5) percent of each monthly progress payment. Such retained amounts shall be deposited as indicated by the Contractor in its Bid.

G-08.04 PROGRESS PAYMENTS

A. Progress payments will be made following the Contractor's request therefore once each month during the Contract Time; payment shall be based upon invoices approved by the Engineer. All requests for progress payments must be accompanied by documentation required herein. The progress payment will not become due or be processed without required documentation. Progress payments will be made within thirty (30) days of becoming due.

B. Payment shall be based upon the actual quantities of Work performed as verified and agreed by the Engineer according to the Contract Documents. Quantities will be determined as percentages of each scheduled activity for Lump Sum Contracts. Where the Contract provides for unit prices, quantities will be determined by the actual measurement of completed units listed in the Schedule of Prices attached to the Agreement Form.

C. The Contractor is required to make payment to all Subcontractors and all Suppliers within ten (10) calendar days from the receipt of all progress payments for all the Work included in the progress payments. Furthermore, the Contractor shall require all subcontracts issued under this contract to all Subcontractors and Suppliers at all tiers to also make all due payments within ten (10) calendar days of their receipt of payment. The Contractor must justify to the Port in writing any intent to withhold payment of monies due to any Subcontractor or supplier.

The Contractor shall supply with each payment request a certification signed by a corporate or company officer. This certification shall attest that all payments by the Contractor due to Subcontractors or Suppliers from the last payment estimate have been made within the ten (10) calendar day’s payment period. The certification shall attest that the Contractor will make payment within ten (10) calendar days of all obligations due from the current payment estimate. The Contractor is required to receive the same certification from all Subcontractors and Suppliers at all tiers. No progress payments will be processed until the Contractor's certification is received.

D. The Contractor shall make its request for monthly payment on the day of the month set forth in the Supplementary Conditions or as otherwise established by the Engineer.

G-08.05 PAYMENT FOR STORED MATERIALS

A. On-Site Materials: At the Engineer's sole option, a progress payment may include payment for permanent materials or equipment to be incorporated into the Work if approved in advance by the Engineer and properly stored and safeguarded on the site.

B. Off-Site Materials: At the Engineer's sole option, a progress payment may also include payment for permanent prefabricated materials or specially designed equipment to be incorporated into the Work if approved in advance by the Engineer and properly stored, even though off-site. The maximum allowable payment for such off-site material will be eighty percent of the invoice price for the material.


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C. Any payment for materials or equipment stored on or off the site but not yet incorporated into the Work shall be based upon the cost of the materials or equipment as determined by the Port considering invoices to the Contractor, bills of sale, or by such other means as is satisfactory to the Engineer and which will establish the Port's title to such materials or equipment and otherwise protect the Port's interest. This shall include provisions for insurance and transportation to the site in the case of materials and equipment stored off the site.

G-08.06 PAYMENT FOR WORK DONE ON A FORCE ACCOUNT BASIS

A. Whenever, under the terms of the Contract, labor, materials, or equipment are to be paid for on a Force Account basis, the amount of such payment shall be determined as follows (also see Table of Cost Categories and Markups):

1. Labor: For all direct labor, the Contractor shall be paid an amount equal to the sum of the following:

a. Weighted Wage Rate: The agreed weighted wage rate for all labor used shall include and be restricted to the actual current certified basic wages earned, plus fringe benefits made the obligation of the Contractor by a collective bargaining agreement or other employment agreement, plus benefits paid on account of such labor by the Contractor pursuant to the:

1) Federal Insurance Compensation Act (FICA);

2) Federal Unemployment Tax Act (FUTA); and

3) State Unemployment Compensation Act (SUCA).

4) Only bona fide employee fringe benefits that accrue to the direct benefit of the employee (such as pension and annuity, health and welfare, vacation apprenticeship, and training funds) shall be included in the calculation of the weighted wage rate. Other fringe benefits that are not a direct benefit of the employee (such as union promotion funds) shall be paid as part of the markups allowed on the work.

b. Travel Allowance and/or Subsistence: The Contractor shall be reimbursed the actual costs of travel and subsistence allowances paid to laborers engaged upon the Work when such allowances are required by the terms of employment for such laborers.

c. Industrial Insurance and Medical Aid Premiums: The Contractor shall receive reimbursement for Marine Industrial Insurance, State of Washington Industrial Insurance and Medical Aid premiums that become an obligation of the Contractor and are chargeable to the labor performed on the work to be paid for on a Force Account basis. The rate of compensation for the above premiums shall be a composite rate based upon the full premium for Industrial Insurance and one-half the premium for Medical Aid, which premiums are prescribed by the regulatory body for the Contractor, Subcontractor, Sub-subcontractor, or other person actually performing the Force Account work. This composite rate may be adjusted upon request to conform to adjustment prescribed by the regulatory body.

d. The work may be performed and paid on an overtime basis only if specifically directed or authorized by the Engineer in advance of the work


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being performed. The Contractor may request that the work be done on overtime if it supports the request with specific reasons for incurring the additional cost of overtime.

2. Materials:

a. For all materials furnished by the Contractor for the Work, payment shall be made in the amount of the actual invoice cost for such materials, including actual freight and express charges and applicable taxes paid by the Contractor and not already addressed for payment herein, (i.e. B&O tax see Table of Cost Categories and Markup; and see subparagraph A.7 regarding sales tax.) less all offered or available discounts and rebates, notwithstanding the fact that they may not have been taken by the Contractor. Before work is started, the Engineer may require the Contractor to obtain multiple quotations for the materials to be utilized and select the vendor with prices and terms most advantageous to the Port.

b. The Contractor shall furnish to the Port, as support for all charges for materials, valid copies of Supplier invoices, including freight and express bills. As to such materials as may be furnished from the Contractor's own inventory for which an invoice is not available, the Contractor shall furnish current cost quote to determine the fair market value of the material. The Contractor may be asked to provide a sworn affidavit certifying its actual cost of such materials.

c. If, in the opinion of the Engineer, the Contractor's cost of such materials furnished is excessive or if the Contractor does not furnish satisfactory evidence of its costs, the Port reserves the right to establish the cost of all or part of such materials at the lowest current wholesale prices less all applicable discounts and exemptions at which said materials are available in the quantities required to be furnished by the Contract.

d. The Port reserves the right to furnish such materials to the Contractor as it deems advisable, and the Contractor shall have no claim for any costs, overhead, or profit on such materials.

e. When material is specifically fabricated for the project by an off-site specialty fabrication shop, the Port will not allow markups in excess of those that would be allowed if the material was fabricated and assembled on site.

3. Equipment:

a. For any machine-power tools or equipment which the Engineer deems necessary for the Contractor to use, payment shall be made for equipment owned or rented by the Contractor in accordance with the rates stated in the current Rental Rate Bluebook as modified by the "AGC/WSDOT Equipment Rental Agreement" in effect at the time such tools or equipment were used, subject to reduction under subparagraph b below. Any sales tax paid by the Contractor for rental equipment shall also be reimbursed in accordance with subparagraph 7 below.

b. The rates stated in the current Rental Rate Bluebook as modified by the "AGC/WSDOT Equipment Rental Agreement," are the maximum rates allowable for equipment of modern design and in good working condition,


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and include and are full compensation for overhead, profit, bonds and for furnishing all fuel, oil, lubrication, repairs, maintenance, insurance and all other costs incidental to the furnishing of such tools and equipment, except for the labor to operate the same. The stated compensation for use of tools or equipment not of modern design or not in good working conditions shall be reasonably reduced determined by the Engineer. If equipment is required for which a rental rate is not included in the current schedule, an agreed rental rate shall be established for that equipment based upon the most similar model found in the Blue Book of rental rates. Rental Rates for specialty equipment such as dredging equipment and barges not found in the Blue Book shall be established by past or present Port audit using standard accounting procedures. Such rates must be approved by the Engineer prior to use of the equipment on the Force Account Work.

c. Payment for Standby Time, Shutdown and Breakdowns in equipment shall be paid as prescribed in the “AGC/WSDOT Equipment Rental Agreement”.

d. The Port defines Small Tools and Small Equipment to be any contractor owned piece of equipment with a monthly rental rate of less than $100 or any piece of equipment with a purchase price of less than $500. The Port does not incorporate the “AGC/WSDOT Equipment Rental Agreement” section on Small Tools into this contract. The Port does not pay for small tools as a direct cost of the work performed but as a part of the markup allowed on the changed work.

e. Current rates stated in the current Rental Rate Bluebook as modified by the "AGC/WSDOT Equipment Rental Agreement" are maintained at each district office of the Department of Transportation and at each of the offices of the Associated General Contractors of America.

f. If the necessary equipment is not already at the site of the project and it is not anticipated that it would be required for the performance of other work under the terms of the Contract, the Contractor will be paid for mobilization in accordance with the terms and conditions specified in the then current Rental Rate Bluebook as modified by the "AGC/WSDOT Equipment Rental Agreement."

4. Other:

a. As shown in the Table of Cost Categories and Markups.

5. Subcontractors:

a. When work is performed on a Force Account basis by Subcontractors, the subcontractor will be allowed the total cost computed for labor, materials, and equipment as stated above plus markups as indicated in subparagraph 6 below.

6. Markups:

a. The Contractor that performs the work shall be reimbursed a markup in an amount equal to twenty percent (20%) of the sum of the Direct Cost items listed above in subparagraphs 1, 2, 3, and 4 above.

b. The Prime Contractor shall also be reimbursed an amount equal to six percent (6%) of the total Subcontractor amount of subparagraph 5 above for all costs associated with the subcontracted work.


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c. Subcontractor on Subcontractor markup of 5% on the respective subcontracted work will be allowed up to two tiers of subcontractor work only.

7. Sales Tax. Sales tax shall be paid by the Port in accordance with G-04.10, subparagraphs C and D, and, if applicable, as stated in a Supplementary Condition to G-04.08 when hazardous waste cleanup is required.

8. The payments provided above shall be full payment for all work done on a force account basis and shall cover all expenses of every nature, kind, and description, including those listed and any others incurred on the work being done.

B. No compensation for Work performed on a Force Account basis shall be paid unless the Engineer provided prior written direction to the Contractor to perform the work on such a basis. No work shall be considered to be Force Account work, which can be measured and paid for at the unit price in the Schedule of Prices.

C. The amount of Work to be paid for on a Force Account basis shall be certified in writing on a daily basis by joint agreement of the Contractor and the Engineer. The force account work shall be tracked on the Port of Seattle Force Account Form provided by the Resident Engineer. The Contractor shall complete the force account form including manpower, equipment, materials, change order number or bid item number, project number, description, on a daily basis and submit it within 24 hours to the Port Inspector (or Resident Engineer) for verification and certification. The Contractor shall give notice to the Port Inspector of Contractor’s intent to commence the Force Account work prior to starting the work. Such notice shall be given on a daily basis to alert the Port Inspector of the work being performed for which the Contractor will seek the Port Inspector’s verification or certification. The Contractor shall give the Port notice when 80% of the amount authorized to be spent on an issue has been expended or as soon as the Contractor is aware that there is not enough funds authorized to complete the work. Application for payment for Work done on a Force Account basis may be submitted at any time subsequent to the performance of the Force Account work; however, all such applications must be made before execution of the Contractor's release, or they are waived. The Contractor shall submit a detailed spreadsheet (in electronic form) of the Force Account payment requested so that the Engineer can quickly check the detailed math calculations to verify the total amount being requested.

G-08.07 PAYMENT FOR CHANGES

Compensation for Changes in the Work as provided in a Change Order will be made in accordance with the terms of the Contract.

G-08.08 COMPLETION, OCCUPANCY, BENEFICIAL OCCUPANCY DATE

A. Completion: The Contract will be considered complete when all physical and administrative work has been accomplished in accordance with the Contract Documents. A Notice of Completion of Public Works Contract will be issued when all the Work is complete. The date of issuance of the Notice of Completion of Public Works Contract marks the completion of Contract Work for purposes of RCW 60.28.

B. A portion of the Work may be occupied by the Port prior to Substantial Completion of the project.

C. Beneficial Occupancy. A certificate of Beneficial Occupancy will be issued for the portion of the Work that is occupied prior to Substantial Completion of the entire Work. The date


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of issuance of the certificate will be the Date of Beneficial Occupancy. The warranty provisions for the occupied portion of the Work will start on the Beneficial Occupancy Date. If stated in the Supplementary Conditions of the Contract, the Contractor shall provide operation and maintenance services for specified equipment and systems until Substantial Completion of the entire contract Work.

D. Pre-Final and Final Inspection. When the Contractor has determined that the Work is complete, and has developed a punchlist, it shall submit a copy of the punchlist, along with a Request for Pre-Final inspection to the Resident Engineer. The Resident Engineer will review the status of punchlist and the Work. If the Work is complete and if no more than 10% by number of additional items are added to the punchlist by the Resident Engineer, then the Resident Engineer will complete the Pre-Final Inspection and deliver a final punchlist to the Contractor for completion, leading to Final Inspection. If the Pre-Final Inspection request is not approved, then the Contractor shall proceed to complete the items as needed prior to a subsequent request to the Resident Engineer for another Pre-final Inspection. When the Contractor considers Work, or a designated portion thereof, to be Substantially Complete, the Contractor shall request that the Resident Engineer schedule and conduct a Final Inspection.

E. Failure of the Engineer to include items on the punchlist does not alter the Contractor's responsibility to complete all Work in accordance with the Contract Documents. The Engineer may revise the punchlist at any time prior to Substantial Completion when items needing completion or correction are discovered.

F. When the Engineer finds that the Work is complete in accordance with the Contract Documents, a Resident Engineer Completion Memo will be issued.

G-08.09 CONTRACTOR'S RELEASE

A. Subject to paragraph G-10.06, the final progress payment will be paid on the basis of the completed Work when the Resident Engineer Completion Memo is issued.

B. The Contractor's Release of Claim form prepared by the Engineer will be forwarded to the Contractor for execution. A copy of the Contractor's Release of Claim Form is provided in the Project Manual.

G-08.10 FINAL ACCEPTANCE

Final Acceptance shall be by formal action of the Port of Seattle. Final Acceptance shall not constitute acceptance of unauthorized or defective work, material or equipment. The Port shall not be barred by Final Acceptance from requiring the Contractor to remove, replace, repair, or dispose of unauthorized or defective work, material, or equipment or from recovering damages for the same.

G-08.11 RELEASE OF RETAINAGE

A. Release of the retainage will be made 60-days after issuing the Notice of Completion of a Public Works Contract (pursuant to RCW 39.12, and RCW 60.28) provided the following conditions are met:

1. Receipt of the Contractor’s Release Form fully executed by the Contractor; 2. Receipt of Affidavits of Wages Paid for the Contractor and all Subcontractors

approved by Washington State Department of Labor and Industries (RCW 39.12.040);


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3. On Contracts totaling more than $35,000, a release has been obtained from the Washington State Department of Revenue (RCW 60.28.051);

4. Receipt of a certificate of Payment of Contributions Penalties and Interest on Public Works Contract from the Washington State Employment Security Department;

5. Receipt of a certificate from Washington State Department of Labor and Industries showing the Contractor is current with payments of industrial insurance and medical aid premiums;

6. All claims, as provided by law, filed against the retainage have been resolved. In the event claims are filed and provided the conditions of 1 through 5 above are met, the Contractor will be paid such retained percentage less an amount sufficient to pay any such claims together with a sum determined by the Port sufficient to pay the cost of foreclosing on claims and to cover attorney’s fees.

B. Release of retainage shall not relieve the Contractor from claims arising from: liens, faulty or defective Work appearing or discovery after completion of the Work, failure of the Work to comply with the requirements of the Contract Documents, or from the terms of special warranties required by the Contract Documents.

C. The Port shall have the right to seek reimbursement of any amount it determines was overpaid to the Contractor.

G-08.12 PAYMENTS DO NOT RELIEVE CONTRACTOR FROM RESPONSIBILITY FOR WORK

A. The Port’s actions in making any progress payments, preparing the Contractor's Release of Claims form, and release of retainage do not in any way relieve the Contractor from its responsibility for the Work or its responsibility to repair, replace, or otherwise make good defective work, materials or equipment and do not constitute a waiver of the Port's right to reject defective or non-conforming work, materials, or equipment (even though the same is covered by the payment) a waiver of any other rights of the Port.

B. Neither making progress payments or preparing the Contractor's Release of Claims form constitute acceptance of any work, materials or equipment.

G-08.13 AUDITS AND RETENTION OF RECORDS

A. The Port or its designee shall have the right to inspect, audit and/or copy Project Records as defined in subsection J for the following purpose:

Determination of anything that is of consequence to the agreement between the Port and Contractor and Contractor’s performance there under, specifically including but not limited to any claims brought by the Contractor or any Subcontractor or Supplier.

B. For the above-referenced purpose, all of the Project Records related to this Contract shall be open to inspection, audit, and/or copying by the Port or its designee:

1. During the Contract Time;

2. For a period of not less than six (6) years after the date of Final Acceptance or termination of the Contract; and

3. If any Claim, audit, or litigation arising out of, in connection with, or related to this Contract is initiated, all documents and records shall be resolved or completed, whichever occurs later.


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C. The Contractor shall retain the Project Records related to this Contract for the periods required above. The Contractor shall also ensure that the wage, payroll and cost records of all Subcontractors and Suppliers at all tiers shall be retained and open to similar inspection or audit for the periods required above by incorporating the provisions of this Audit section into any agreements with Subcontractors or Suppliers related to this Contract.

D. The Contractor, its Subcontractors and Suppliers shall make a good faith effort to cooperate with the Port and its designees when the Port gives notice of its need to inspect or audit Project Records. Cooperation shall include assistance as may be reasonably required in the course of inspection or audit, including access to personnel with knowledge of the contents of the records being inspected or audited so that the information in the records is properly understood by the persons performing the inspection or audit. Cooperation shall also include establishing a specific mutually agreeable timetable for making the records available for inspection by the Port and its designee. Unless otherwise agreed, if the Contractor, its Subcontractors and Suppliers cannot make at least some of the relevant records available for inspection within fourteen (14) days of the Port’s written request, cooperation will necessarily entail providing the Port with a reasonable explanation for the delay in production of records. Failure to cooperate may impact future responsibility determinations.

E. The Contractor agrees that no Claim shall be made against the Port for the Work described herein unless the Contractor makes available to the Port all documents and records. Failure to maintain and retain sufficient records to allow the Port to verify all costs or damages or failure to permit the Port or its designee access to the books and records shall constitute a waiver of the rights of the Contractor, Subcontractor, and Supplier to claim or be compensated for any damages, additional time or money under this Contract and shall bar any recovery there under.

F. Inspection, audit, and/or copying of Project Records may be performed by the Port or its designee at any time with not less than fourteen (14) days written notice; provided however, if an audit is to be commenced more than sixty (60) days after Final Acceptance of the Contract, the Contractor will be given thirty (30) days notice of the time when the audit or inspection is to begin.

G. The Contractor and its Subcontractors and Suppliers shall provide adequate facilities, acceptable to the Port, for inspection, auditing, and/or copying during normal business hours.

H. No additional compensation will be provided to the Contractor, its Subcontractors, or Suppliers for time or money spent in complying with the requirements of this Audit section. If the Contractor is formally dissolved, assigns or otherwise divests itself of its legal capacity under this Contract, then it shall immediately notify the Port and preserve such records, at its expense, as directed by the Port.

I. This Audit Section shall survive for six (6) years after the termination or expiration of this Contract, or conclusion of all Claims, audits or litigation, whichever occurs later.

J. At a minimum the following documents shall be considered Project Records and made available for inspection, auditing and copying:

1. Daily time cards and/or time-sheets and daily reports, inspection reports, and supervisor’s reports.


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2. Collective Bargaining Agreements governing the base wages and benefits paid to or on behalf of those employees on the project as well as any invoice or payment documentation summarizing the amounts paid to the unions by the employer for those employees working on the project.

3. Insurance, welfare, and benefits records.

4. Payroll registers.

5. Earnings records.

6. All relevant tax forms and records, including any state and federal payroll tax rate schedules governing the employer’s payroll tax rates paid on behalf of employees that work on the project and any payroll tax forms summarizing the amounts paid.

7. Material invoices and requisitions.

8. Material cost distribution worksheets.

9. Equipment records (including a list of company-owned equipment and an equipment distribution report containing equipment descriptions, equipment number, equipment rates, recorded equipment hours, phase or cost codes, dates, and any other relevant information as related to how equipment was recorded to the project).

10. Vendors’ rental agencies’, Subcontractors’, and lower tier subcontractors’ invoices.

11. Contracts, purchase orders and agreements between the Contractor and each of its Subcontractors, and all lower tier subcontractor contracts and supplier contracts.

12. Subcontractor’ and lower tier subcontractors’ payment certificates/payment applications.

13. Canceled checks (payroll and vendors).

14. Job cost reports, including both a job cost summary report comparing budgeted amounts to recorded amounts by cost type and phase (or cost code) and a job cost history/detail/transaction report listing each individual transaction by phase (or cost code).

15. General Ledger.

16. Cash disbursements journal.

17. Financial statements for all years reflecting the operations on this Contract. In addition, the Port may require, if it deems appropriate, additional financial statements for three years preceding execution of the Contract and three years following Final Acceptance of the Contract.

18. Depreciation records on all company equipment whether these records are maintained by the company involved, its accountant, or others.

19. If a source other than depreciation records is used to develop costs for the Contractor’s internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents.

20. All documents which relate to each and every claim together with all documents which support the amount of damages to each claim.


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21. Bid documents, take off sheets, calculations, and any other documents used to prepare the bid and/or quotes.

22. Take off sheets, calculations, quotes, other financial data to support change proposals, request for change order and/or claims.

23. Worksheets or software used to prepare the Claim establishing the cost components for items of the Claim including but not limited to labor, benefits and insurance, materials, equipment, Subcontractors, Suppliers, all documents which establish time periods, individuals involved, the hours for the individuals, and the rates for the individuals.

24. Worksheets, software, and all other documents used (a) by the Contractor to prepare its bid and schedule(s) and/or (b) to prepare quotes and bids to the Contractor.

25. All schedule documents, including man-loaded schedules, work plans, planned resource codes, phasing documents and summaries.

26. All other documents, including email, related to the Project, Claims, or Change Orders.

27. Any documentation or information relied upon for the purposes of translating the bid amounts to original budget amounts.

28. Original budget and updated budgets used for tracking job performance throughout the project.

29. Labor distribution reports summarizing straight time, overtime, and double time by employee and also separately summarizing base wage amounts versus labor burden and benefit amounts.

30. Copies of all draft and approved change orders including an supplementary documentation or information relied upon for the purposes of pricing the change orders.

K. To the extent any of the above-referenced records exist in machine readable format, Contractor shall make them available in that form. This requirement specifically includes (but is not limited to) an obligation to provide the information and access thereto in the native format in which it is maintained by Contractor. The Contractor shall, as reasonably requested by the Port, provide read-only access to and reasonable technical support necessary to make use of any enterprise or legacy software utilized by the Contractor to manipulate and/or store the relevant data.

G-08.14 NOTIFICATION OF LIEN PERIOD

A. The date of issuance of the Notice of Completion of a Public Works Contract marks the completion of Contract Work for purposes of RCW 60.28.011. It is the responsibility and a condition of this Contract that Contractor promptly notifies all Subcontractors and Suppliers of the commencement of the period and of the final day for submitting any liens. As a further condition of this Contract the Contractor is required to place within all subcontracts a clause that states that this shall be done. The Contractor shall by letter inform the Port of the compliance with this provision.

B. Failure of the Contractor to comply with this provision may be used by the Port as a basis to withhold retainer to ensure payment to uninformed Subcontractors. Failure to comply will also be made a matter of record for future determinations of bidder responsibility.


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May-12 TABLE OF COST CATEGORIES AND MARKUPS

Direct Costs 20% performs work 6% Prime on Sub

5% Sub on Sub two tiers max Labor Material Equipment Other

All Craft Scope Changes Large Equipment and Large Tools

Added Shop Drawings As-Builts/Record Drawings

GC Management of Sub Management of Sub

Working Foremen (Not in OH) Special Warranties Rental Equipment Reproduction

Project Staff Foreman (Non-Working) Supervision/Superintendent Supervision Supervision

Working General Foremen (not in OH) Freight Temporary Fence Dump Fees

Administration Home Office Overhead Home Office Overhead

Labor Burden Special Clothing Barricades Design Project Manager Field Office Overhead Field Office Overhead Field Engineering Layout / Surveying Testing Walkways Project Engineer (unless Design) Profit Profit Clean Up (not in rates /Hrs or OH) Signs Dumpsters Estimating Administration Cost Administration Cost

Traffic Control (not in OH) Access Roads Safety Equipment (not PPE) Contract Administration B&O Tax B&O Tax

Escalation Temporary Heat Office Engineering Insurance Insurance

Overtime Premium Temporary Light General Foreman (portion not in directs) Bond Bond

Temporary Power Incidentals Incidentals

Pumping Small Tools and Equipment General Conditions General Conditions

Hoisting Insurance Fee Fee

Home Office Overhead General & administrative General & administrative

Field Office Overhead Vehicles Vehicles

Bond Safety Safety

Profit Coordination drawings Coordination drawings

Permit

B&O Tax

Warrantee (unless special)

Schedule Updates

Personal Safety Gear (PPE)

Transportation

Badging and keys

Consumables

Incidentals

General Conditions

Fee

General & administrative

Red lines

OH = Overhead Vehicles for Project Staff

Safety

PLA

Coordination drawings

NOTE: The above is the total markups allowed. It shall be the responsibility of the Prime Contractor for determining with its Subcontractors, the allocation of the overall markup amounts.


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ARTICLE G-09 CHANGES, CLAIMS, PROTESTS, AND DISPUTES

G-09.01 THE PORT MAY MAKE CHANGES

Without invalidating the Contract and without notice to the Contractor's surety, and at any time during the progress of the Work, the Port may make changes in the Work, which changes include but are not limited to the following:

A. increases or decreases in quantities of Work;

B. deletion or alteration of any portion of the Work;

C. changes in design or specifications; and

D. addition of new Work.

All such changes in the Work, other than variations in unit price work quantities, within the limits provided for herein, shall be authorized by Change Order. The Change Order shall provide for any increase or decrease in the Contract Time or Contract Sum caused by such change. The Contract Sum, other than variations caused by changes of unit price quantities, and Contract Time may be changed only by Change Order. If the Contractor fails to fully comply with paragraph G-04.31, its Claim for an increase in the Contract Sum on account of changes in the Work is waived.

G-09.02 REQUESTS FOR PROPOSAL

A. In connection with a possible or proposed change, the Port may request that the Contractor submit a proposal from the Contractor and Subcontractors or provide other information to the Port. The Contractor will submit such proposal or other information in a form and within the time period requested by the Port.

B. If failure by the Contractor to respond in a complete and timely manner delays the completion of the Work, such delay is the responsibility of the Contractor.

C. The Contractor's proposal shall include detailed price calculations for the proposed change, which shall specify the quantities, hours, rates, and costs of all labor, material, and equipment for the Work and the same detail for any Subcontractors at any tier. The Contractor’s and Subcontractor’s proposals shall also show as a separate item the proposed amount for markups. The Engineer has the authority to establish markup rates by audit of the Contractors books at any time. However, for cost proposals under $500,000, and where the value of the changed construction work and the time involved in performance are proportionate, the Contractor may propose: 1) rates for negotiation based on audited or actual costs, or, with the Engineer's approval, 2) percentage markups not exceeding those allowed for Force Account work in G-08.06. Cost proposals exceeding $500,000 shall be negotiated and shall include such audits or actual cost data as required by the Engineer. A request by the Port to the Contractor for a proposal shall not constitute authorization for the Contractor to proceed with any such proposed change in the Work, nor shall such request justify any delay in the performance of existing Work.

G-09.03 COMPENSATION FOR CHANGES

A. General. Work under this Contract may be measured for payment as Unit Price Work or as a lump sum item.


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1. "Unit Price Work," as used in this paragraph, includes Work for which a unit price is established in the Contract's Schedule of Prices or by Change Order, but excludes items of work listed either in the schedule(s) of prices or a Change Order as "lump sum" items.

2. "Bid quantity," as used in this paragraph, means the total quantity listed in the Schedule of Prices of an item of Unit Price Work.

B. Changes in the Quantity of Unit Price Work. Where the nature of the changed Work does not differ materially from Work which is Unit Price Work, the change shall be measured and paid for (or credited) at the established unit prices, subject to the following exceptions:

1. Where quantity is less than 80%. If the quantity of an item of Unit Price Work actually performed or to be performed is less than 80 percent of the bid quantity for that item, the Contractor or the Port may request a Change Order revising the unit price for the item. The cost for such change shall not be more than 80% of the original bid cost. Such request shall be accompanied by evidence to support the requested revision. The proposed revision will be evaluated by the Port considering such factors as the changes in actual costs to the Contractor of the item, and the share, if any, of fixed expenses properly chargeable to the change in quantity of that item. In any event, the total cost for the work shall not be more than 80% of the bid quantity for that item. The Contractor shall not be compensated for lost profit associated with the work not performed. If the Port and the Contractor agree on the change, a Change Order will be executed. If the parties cannot agree, the Port may nevertheless issue the Change Order pursuant to paragraph G-09.04, and the Contractor will have the rights provided in paragraph G-09.05.

2. Where quantity is more than 120%. If the quantity of an item of Unit Price Work actually performed or to be performed is more than 120 percent of the bid quantity for that item, the Contractor or the Port may request a Change Order revising the unit price for that portion of the work that exceeds 120 percent of the bid quantity. Such request shall be accompanied by evidence to support the requested revision. The proposed revision will be evaluated considering such factors as the change in actual cost to the Contractor of that portion of the work exceeding 120 percent of the bid quantity, and the share, if any, of fixed expenses properly chargeable to that portion of change in quantity which exceeds 120 percent of the bid quantity. If the Port and Contractor agree on the change, a Change Order shall be executed in accordance with paragraph G-09.03.C. If the parties cannot agree, the Port may nevertheless issue a change order pursuant to paragraph G-09.04 and the Contractor will have the rights provided in paragraph G-09.06.

C. Changes to Work Other than Unit Price Work.

1. Additional Work: If no unit price has been established for Work added to the Contract by the Port, the Port and the Contractor will attempt to reach agreement as to the increase or decrease, if any, in the Contract Sum and the Contract Time caused by such change. The Engineer may require, prior to approval of such Change Order, that the Contractor submit a proposal detailing the information identified in paragraph G-09.02. If the Port and Contractor agree on the change, a Change Order will be executed. Such Change Order shall be final and no increase in the Contract Sum or Contract Time for such change shall be allowed beyond that stated in the Change Order. If the markup(s) are in dispute G-08.06 shall be used. If the parties cannot reach agreement the Port may nevertheless issue a


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Change Order pursuant to paragraph G-09.04, and the Contractor will have the rights provided in paragraph G-09.06.

2. Deleted Work. If the Port elects to delete all or a portion of the Work, the Engineer shall so advise the Contractor in writing, and the Contract Sum shall be decreased in an amount determined as follows:

a. Regardless of what the Contractor bid, the credit for the deleted Work shall be at the fair market value plus profit. Upon request of the Engineer, the Contractor shall submit its original Bid documents. If the Contractor and the Port cannot agree on the markups, the amount allowed for markups, shall be determined in the same manner as if the deleted Work was to be performed on a Force Account basis pursuant to paragraph G-08.06. The Port may then issue a Change Order pursuant to paragraph G-09.04 and the Contractor shall have rights provided in paragraph G-09-06.

b. Acceptable materials ordered by the Contractor or delivered prior to the date the Contractor was notified to delete the Work may, at the Port's option, be purchased from the Contractor at the Contractor's actual cost (excluding overhead and profit) and thereupon become the property of the Port, or the Port will reimburse the Contractor for its actual costs connected with returning such materials to the Suppliers.

c. No amount will be paid to the Contractor for any anticipated or estimated profit that the Contractor could or would have earned if the deleted Work had been performed.

G-09.04 ISSUANCE OF NOT TO EXCEED AND UNILATERAL CHANGE ORDERS

A. If, in the opinion of the Port, it is necessary to proceed with changed work in advance of negotiations, the Port may issue and the Contractor shall comply with the terms of a Change Order stating Not to Exceed cost and time impacts for the work. Following negotiations, a new change order shall be issued adjusting the Not to Exceed Change Order.

B. If the Port and the Contractor are unable to reach agreement concerning an adjustment, if any, in the Contract Sum or Contract Time caused by a change, the Port may nevertheless issue a Change Order implementing the change in the Work and directing the Contractor to perform the Work as changed. The Change Order may embody such terms, as the Port deems appropriate, including but not limited to the following:

1. The Port may direct the Contractor to perform the changed Work on a Force Account basis pursuant to G-08.06, and provide in such Change Order whatever adjustment in the Contract Time the Port deems proper. When so directed, the Contractor shall diligently prosecute the work in the most efficient, economical and workmanlike manner, consistent with the best interests of the Port.

2. The Port may issue the Change Order with an adjustment in the Contract Sum, Contract Time, or both. Contractor must proceed with the work with or without protest per G-09.06.


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G-09.05 CLAIMS

A. The Contractor shall notify the Engineer promptly orally and in writing in accordance with G-04.30 of: (a) subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents or reference documents, (b) unknown physical conditions of an unusual nature at the site differing materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the Contract, or (c) other alleged Contract conditions for which an equitable adjustment in Contract Sum or Contract Time is desired. If such notice is not given prior to the condition being disturbed (or other action being taken by the Contractor which may result in a claim for an increase in the Contract Time or the Contract Sum), or such condition is disturbed before the Port directs the Contractor to proceed with the Work despite the condition, the Contractor will be deemed to have waived any claim for extra compensation or extension of the Contract Time on account of any additional or different work (including labor, material and equipment) required because of such condition. Oral notice alone by the Contractor to the Port regarding such condition shall not be adequate to avoid such waiver.

B. If the Engineer determines that the alleged conditions do exist and cause a material change either in the Contractor's costs or time required to perform the Contract, the Engineer will make an equitable adjustment in the Contract Sum to account for the performance of the work involved, and the additional Contract Time, if any, required to perform such work. If the Port and the Contractor agree on such adjustment, the same shall be set forth in a Change Order to be executed by the parties.

C. If the Engineer determines that the Contractor’s request does not warrant a change order the Contractor shall diligently pursue the Work in accordance with the Engineer's direction while retaining the right to protest the Engineer's decision in accordance with paragraph G-09.06.

D. The Port has the right to recover its analysis/administration cost of processing and evaluating a Claim for that portion of the Claim that is determined to be unfounded or unsupported. The cost of reimbursement will be the percentage of the original claim that is determined to be unsupported times the cost of analysis/administration

G-09.06 PROTEST & DISPUTES RESOLUTION

A. The Contractor accepts the terms of a Change Order by the Contractor's endorsement thereon, or by failure to protest as provided in this paragraph. In such case, payment by the Port in accordance with the terms of the Change Order shall constitute full and final compensation, including but not limited to that for labor, material, equipment, overhead, profit and damages (direct or indirect) or any other claim, if any, and for all changes to the Work and to the Contract Time.

B. If the Contractor disagrees with any of the terms of a Change Order, or the Engineers denial of a claim, the Contractor shall give immediate oral notice of protest, to the Engineer prior to performing the Work and shall submit a written protest to the Engineer within seven (7) calendar days of the Contractor's receipt of the Change Order or Engineer’s denial of claim. The protest shall identify the point(s) of disagreement, those portions of the Contract believed to be applicable and an estimate of quantities, costs, and any time extension involved in the change. The date such written protest is received by the Port defines the start of time for any purposes related to the protest. When protest relates to compensation, the Contractor shall keep full and complete records of the cost of


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such Work and shall permit the Port to have such access to those records as requested by the Port to enable the Port to evaluate the merits of the protest.

C. A protest shall not relieve the Contractor of its obligation to proceed without delay with the Work as directed. No adjustment to the Contract Sum or Contract Time will be made on account of Work performed preceding the Contractor giving oral notice of protest to the Engineer, to be followed by written notification as required in subparagraph B of this article.

D. Within 30 calendar days of the Port’s receipt of written notice above, the Contractor shall provide the Port with the following details:

1. A detailed factual statement of the Protest for additional compensation and time, if any, providing all necessary dates, locations and items of Work affected by the Claim;

2. The date on which facts arose which gave rise to the Protest;

3. The name of each employee of Owner, Owner’s Representative, or A/E knowledgeable about the Protest;

4. The specific provisions of the Contract Documents which support the Protest;

5. The identification of any documents and the substance of any oral communications that support the Protest;

6. Copies of any identified documents, other than the Contract Documents, that support the Protest;

7. If an adjustment in the Contract Time is sought, the specific days and dates for which it is sought; the specific reasons Contractor believes an extension in the Contract Time should be granted; and Contractor’s analysis of its Progress Schedule to demonstrate the reason for the extension in Contract Time (time impact analysis);

8. If an adjustment in the Contract Sum is sought, the exact amount sought and a breakdown of that amount into the categories set forth in article, G-09.02, and

9. A statement certifying, under penalty of perjury, that the Protest is made in good faith, that the supporting cost and pricing data, except for Blue Book equipment rates, have been incurred, are true and accurate to the best of Contractor’s knowledge and belief, that the Protest is fully supported by the accompanying data, and that the amount requested accurately reflects the adjustment in the Contract Sum or Contract Time for which Contractor believes the Port is liable. The individual signing such certification shall be a duly authorized representative of the Contractor who has the necessary and appropriate authority and responsibility to commit the Contractor to the truthfulness of the certification.

10. A statement that the Protest/Claim covers all changes in cost and in time (direct, indirect, impact, consequential, and otherwise) to which the Contractor (and Subcontractors and Suppliers of any tier) is entitled.

E. Use of inefficiency studies, such as Hanna, MCAA, Leonard, and the like, are not sufficient, of and by themselves, to demonstrate or establish entitlement or quantum for a claim, and will not be accepted by the Port as the sole documentation of impact. The contractor must first demonstrate that an impact has occurred, and he has been hurt due to this impact, through such means as, schedule analysis, cause/effect analysis, impact analysis, etc. and provide documentation that clearly points to the Port as the responsible


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party for the impact. The contractor must also demonstrate that application of a particular inefficiency study is appropriate and applicable to the circumstances of their claim. (for example, use of MCAA for demolition work may not be applicable). Also refer to G-09.06G.

F. If a Protest/Claim is rejected, wholly or in part, the Contractor will have 30 days, from receipt of the rejection, to respond to the Port’s stated basis of rejection by way of a re-submittal of the Protest/claim, or affirmation of the Protest/claim without change. The re-submittal will be evaluated on its merits, and either accepted, accepted in part or rejected in its entirety. In any case, no further submissions will be allowed, throughout the remainder of the Dispute Resolution Process. Failure of the Contractor to submit within 30 days, from receipt of the rejection, constitutes forfeiture of the Contractor’s right to continue pursuit of the Claim.

G. The Port has the right to recover its analysis/administration cost of processing and evaluating a Protest/Claim for that portion of the Protest/Claim that is determined to be unfounded or unsupported. The cost of reimbursement will be the percentage of the original Protest/claim that is determined to be unsupported times the cost of analysis/administration.

H. Dispute Resolution Process

1. Level I. Within seven (7) days of receipt of the Contractor’s documentation, the senior site representative of the Contractor and the Resident Engineer of the Port shall meet, confer, and set a schedule for resolving the claim. The Port shall have the right to request additional information from the Contractor and its Subcontractors, Suppliers, etc., at any time prior to or during the Level I meeting. If an adjustment to the Level I meeting schedule is necessary to accommodate such requests for additional information, such adjustment shall be as mutually agreed by the representatives. Failure to provide requested information will delay the elevation process, also failure to provide information will be treated as an admission that supporting documentation does not exist and will be treated negatively in the findings. If the Contractor doesn’t agree with the findings of the Level I meeting, he must submit a written rebuttal addressing each point of disagreement, and sighting the specific documentation supporting his opinion. This rebuttal must be received by the Port within 30 days of the Level I findings or the claim will be deemed abandoned.

2. Level II. Upon the close of the Level I meetings, the General Manager for the Contractor and the Construction Manager, or Manager of Construction Services for the Port, (none of whom attended the Level I meeting) shall be jointly briefed by both the Port and Contractor Level I representatives on the results of the Level I meetings, their respective positions, and remaining areas of disagreement. The Port and Contractor Level II representatives shall then establish a schedule for resolving the claim. The Port shall have the right to request additional information from the Contractor and its Subcontractors, Suppliers, etc., at any time prior to or during the Level II meeting. If an adjustment to the Level II meeting schedule is necessary to accommodate such requests for additional information, such adjustment shall be as mutually agreed by the representatives. Failure to provide requested information will delay the elevation process, also failure to provide information will be treated as an admission that supporting documentation does not exist and will be treated negatively in the findings. If the Contractor doesn’t agree with the findings of the Level II meeting, he must submit a written rebuttal


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addressing each point of disagreement, and sighting the specific documentation supporting his opinion. This rebuttal must be received by the Port within 30 days of the Level II findings or the claim will be deemed abandoned. This rebuttal can include arguments from the Level I rebuttal but must also include additional arguments not covered in the Level I rebuttal.

3. Level III: Upon the close of the Level II meeting, the owner or corporate officer of the Contractor (who did not attend the Level I or II meetings) and the Port’s Director of Engineering Services or his representative (who did not attend the Level I or II meetings) shall be jointly briefed by both the Port and Contractor Level II representatives on the results of the Level II meetings, their respective positions, and remaining areas of disagreement. The Port and Contractor Level III representatives shall then establish a schedule for resolving the claim. The Port shall have the right to request additional information from the Contractor and its Subcontractors, Suppliers, etc., at any time prior to or during the Level III meeting. If an adjustment to the Level III meeting schedule is necessary to accommodate such requests for additional information, such adjustment shall be as mutually agreed by the representatives. Failure to provide requested information will delay the elevation process, also failure to provide information will be treated as an admission that supporting documentation does not exist and will be treated negatively in the findings. If the Contractor doesn’t agree with the findings of the Level III meeting, he must submit a written rebuttal addressing each point of disagreement, and sighting the specific documentation supporting his opinion. This rebuttal must be received by the Port within 30 days of the Level III findings or the claim will be deemed abandoned. This rebuttal can include arguments from the Level I & II rebuttal but must also include additional arguments not covered in the Level I & II rebuttal. After reviewing the rebuttal if agreement still cannot be reached the Contractor may proceed with the next step of the resolution process.

4. The terms of the resolution of all claims concluded in Level I, II or III meetings shall be documented in writing and signed by each party.

5. Dispute Review Board (DRB). The supplemental conditions will define if a DRB is to be used. If used, the DRB can be inserted by mutual agreement of the parties at any point during the resolution process. If agreement cannot be reached, the Port will determine where to insert the DRB.

6. Mediation and Arbitration. If the claim is not resolved in the Level III meeting and no Dispute Review Board is required, the Contractor may bring no claim against the Port in litigation unless the claim is first subject to non-binding mediation or non-binding arbitration as mutually agreed by the Port and Contractor. If no agreement is reached, then Port has the sole right to determine which method is utilized. Mediation shall be conducted before a single mediator under the Voluntary Construction Mediation Rules of the American Arbitration Association. The parties shall schedule mediation sessions at the earliest possible date(s), subject to the schedule of the selected (or appointed) mediator. The parties shall cooperate with the mediator and assure timely and full access to such personnel and documents as the mediator may request. The costs of mediation and/or arbitration shall be equally divided between the parties. Payment to the mediator shall be by the Port who, after payment, shall deduct 50% of the cost (less 50% of any costs that may have been paid directly by the Contractor) from monies due the Contractor.


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I. Litigation. The Contractor may bring no litigation on Claims unless such Claims have been properly raised and considered in the procedures above. All unresolved Claims of the Contractor shall be waived and released unless the Contractor has strictly complied with the time limits of the Contract Documents, and a lawsuit is served and filed within the limits stated in Paragraph G-04.32. This requirement cannot be waived except by an explicit written waiver signed by the Port.

ARTICLE G-10 PORT OF SEATTLE'S RIGHTS AND REMEDIES,

AND TERMINATION OF CONTRACT

G-10.01 GENERAL

A. The rights and remedies afforded the Port by this Contract are to be considered as cumulative and are in addition to and not in limitation of any rights and remedies otherwise available to the Port under law. The pursuit of any remedy by the Port shall not be construed to bar the Port from the pursuit of any other remedy in the event of similar, different, or subsequent breaches of this Contract.

B. The rights reserved or possessed by the Port to take any action with respect to the Project shall not give rise to any duty on the part of the Port to exercise any such right for the benefit of the Contractor, Subcontractor, Sub-subcontractor, Supplier, or any other person.

G-10.02 NO WAIVER OF PORT'S RIGHTS

A. No action, delay in acting, or failure to act by the Port shall constitute a waiver of any right or remedy of the Port or be held to reduce any amount owed to the Port by the Contractor. Nor shall such action, delay, or failure to act constitute an approval or acquiescence in any breach or defect in Work, materials, or equipment. Likewise, delay or failure of the Port to act upon or enforce any provision of this Contract shall not constitute a waiver of such provision or otherwise prejudice the right of the Port to enforce such provision at any subsequent time. No provision of this Contract shall be held to be waived, modified, or deleted except as expressly stated in a Change Order.

B. The Port shall not be precluded or estopped by any measurement, estimate, or certificate made either before or after the Substantial Completion or Final Acceptance of the Work and payment therefore from showing the true amount and character of the Work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate or certificate is untrue or was incorrectly made, or that the Work or materials do not conform in fact to the requirements of the Contract. Notwithstanding any such measurement, estimate, certificate, or payment in accordance therewith, the Port shall not be precluded or estopped from recovering from the Contractor and its sureties such damages as the Port may sustain by reason of the Contractor's failure to perform the Work in accordance with the Contract Documents or to otherwise comply with the requirements of the Contract.

C. Neither the inspection, Notice of Completion, Final Acceptance, nor any payment for the whole or any part of the Work, nor any extension of time, nor any possession or use of the Work taken or made by the Port, shall operate as a waiver by the Port of any provision of the Contract or of any rights, remedies, or damages herein provided for, or bar recovery of any money wrongfully or erroneously paid to the Contractor.


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G-10.03 PORT'S RIGHT TO SUSPEND WORK

A. The Engineer may direct that all or any part of the Work be suspended for such time period as the Engineer deems proper because of unusual and severe weather or other unsuitable conditions beyond the control of the Port and the Contractor, which prevents satisfactory performance of the Work, as provided in paragraph G-07.03. The Contractor shall immediately comply with the directive to suspend Work. The Contractor shall resume the suspended Work when so directed by the Engineer.

B. Such suspension of Work by the Engineer shall not be a basis for a claim by the Contractor for an increase in the Contract Sum but Contract Time may be extended under paragraph G-07.03.

G-10.04 PORT’S RIGHT TO STOP THE WORK FOR CONTRACTOR NON-PERFORMANCE

A. If the Contractor fails to perform the Work in accordance with the Contract Documents, fails to correct defective Work as required by Paragraph G-04.23, or fails to comply with any other directive issued by the Port, the Port may order, in writing, except for stoppages related to safety which may be issued orally, that the Contractor stop all or any portion of the Work until the cause for such order is eliminated.

B. In the event of such an order to stop Work, the Contractor shall not be entitled to any increase in the Contract Time or Contract Sum, nor to any damages or relief from liability, on account of such order to stop work.

G-10.05 SUSPENSIONS FOR CONVENIENCE OF THE PORT

A. In accordance with paragraph G-07.03, the Engineer may order the Contractor in writing to suspend, delay, or interrupt all or any part of the Work for such period of time as it may determine to be appropriate for the convenience of the Port.

B. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Port in the administration of this contract, or (2) by the Port's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made in accordance with article G-09 for any increase in the cost of performance of Work of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

C. If the Contractor can demonstrate that the suspension decreases its stream of direct costs against which to assess a percentage of home office overhead for reimbursement, and the Contractor could not reassign workers to other work, or pursue (e.g. bid, negotiate) other work as a replacement for that Work which is suspended, then the Eichleay Formula provided below will be used to calculate unabsorbed home office overhead. The burden of proof for not being able to reassign workers or pursue replacement work rests with the Contractor.


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D. The Eichleay Formula is specifically defined as:

Total original contract price x

Total home office overhead **

for full Contract period * =

Overhead

allocable Total billing for full Contract period

Overhead allocable

= Daily Contract overhead Total days of performance including delay period

Daily contract overhead x delay days = amount requested for recovery

* Full Contract period = original Contract Time plus delay days

** Items not allowed in home office overhead (see list below).

E. Any claim under this clause shall be made in accordance with paragraph G-04.31. Consultant fees-except as they related directly to the project and not carried as direct cost. Items not allowed in home office overhead are: (List not intended to be comprehensive)

1. Legal fees

2. Advertising, promotional, and marketing cost

3. Travel expenses

4. Penalty fees such as, late charges, tax penalties, bad debt cost, etc.

5. Personal expenses

6. Direct cost

7. Field overhead cost

8. Small tools (that portion not covered in change order mark up can be claimed)

F. The extension of Contract Time by Change Order does not entitle the Contractor to use the Eichleay Formula. The compensable extra work authorized by the Change Order includes a mark-up for overhead, which include home office overhead in support of that Change Order.

G-10.06 PORT'S RIGHT TO PERFORM THE WORK ITSELF

If the Contractor fails to perform all or any portion of the Work in accordance with the Contract Documents, or fails to correct defective or non-conforming work in accordance with paragraph G-04.23, the Port, without prejudice to any other rights it may have, may correct the failure using its own or other work forces, and issue a Change Order to deduct from the Contract Sum the cost incurred by the Port in taking the corrective action (including all additional administrative costs incurred by the Port in doing so).

G-10.07 PORT’S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS

A. The Port reserves the right to perform work related to the Project with its own forces, and to award separate contracts in connection with other portions of the Project or other work


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on the site under any contract terms and conditions, which the Port, in its sole discretion, may require.

B. When separate contracts are awarded for different portions of the Project or other work on the site, the term Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate Agreement.

C. The Port shall provide for coordination of the activities of the Port’s forces and each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Port in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Port until subsequently revised.

G-10.08 MUTUAL RESPONSIBILITY

A. The Contractor shall afford the Port and separate contractors’ reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate its Work with theirs as required by the Contract Documents.

B. If any part of the Work depends for proper execution or results upon work of the Port or any separate contractor, the Contractor shall, prior to proceeding with the Work, carefully inspect and promptly report to the Port any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results, Failure of the Contractor to so inspect and promptly report shall constitute an acceptance of the Port’s or separate contractors’ work as fit and proper to receive its Work, except as to latent defects which Contractor could not have reasonably discovered by its inspection.

C. Any costs caused by defective or ill-timed Work shall be borne by the party responsible therefore.

D. Should the Contractor wrongfully cause damage to the Work or property of the Port or to other work on the site, the Contractor shall promptly remedy and be wholly responsible for such damage.

E. Should the Contractor wrongfully cause damage to the work or property of any separate contractor, the Contractor shall upon due notice promptly attempt to settle with such other contractor by agreement, or otherwise to resolve the dispute at law. If such separate contractor sues or initiates a proceeding against the Port on account of any damage alleged to have been caused by the Contractor, the Port shall notify the Contractor who shall defend such proceedings at its own expense, and if any judgment or award against the Port arises there from, the Contractor shall pay or satisfy it and shall reimburse the Port for all attorney’s fees and costs which the Port has incurred.

F. In the event there is more than one Contractor engaged on the Project, each such contractor shall be responsible to the other for damages to the Work, injury to any person or persons, or for any loss, cost, claims or damages arising out of or in connection with the Work required by each Contract with the Port or any loss, cost, expense or damage caused by separate contractor’s neglect or failure to finish or satisfactorily complete its part of the Work within the time prescribed.

G. Whenever the Contractor receives items from a separate contractor or from the Port for storage, erection or installation, the Contractor receiving such items shall give receipt for


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items delivered, and thereafter will be held responsible for care, storage and any necessary replacing of item or items received.

H. When certain items of equipment and other work are indicated as “NIC” (not in contract), or to be furnished and installed under other contracts, any requirements for preparation of openings, provision of backing, etc., for receipt of such “NIC” work will be furnished upon written request of the Contractor who shall properly form and otherwise prepare his work in a satisfactory manner to receive such “NIC” work.

G-10.09 PORT’S RIGHT TO PERFORM DISPUTED WORK

If a dispute arises between the Contractor and separate contractors as to their responsibility for performance of any Work, including cleaning up as required by the Contract Documents, for accomplishing coordination or doing required cutting, filling, excavating or patching as required by the Contract Documents, the Port may carry out such work and charge the cost thereof to the several contractors responsible therefore as the Port shall determine to be just.

G-10.10 PORT’S RIGHT TO WITHHOLD PAYMENT

The Port has the right to withhold payment otherwise due the Contractor if and so long as the Contractor does not meet any of its obligations under this Contract. The Engineer will notify the Contractor of the reasons for any amounts withheld and the remedy required.

G-10.11 TERMINATION FOR DEFAULT

A. The Port may terminate the Contract following written notice to the Contractor and its surety:

1. If the Contractor refuses or fails to prosecute the Work with such diligence as will ensure its completion within the original Contract Time and any extensions of time which may have been granted to the Contractor by Change Order or otherwise;

2. If the Contractor is adjudged bankrupt, insolvent or its financial condition impairs its ability to perform, or if it makes a general assignment for the benefit of creditors, or if the Contractor or a third party files a petition to take advantage of any debtor’s act or to reorganize under the bankruptcy or similar laws concerning the Contractor, or if a trustee or receiver is appointed for the Contractor or for any of the Contractor’s property on account of the Contractor’s insolvency, and the Contractor or its successor in interest does not provide adequate assurance of future performance in accordance with the Contract within fifteen (15) calendar days of receipt of a request for assurance from the Port;

3. If the Contractor disregards laws, ordinances, rules, codes, regulations, orders or similar requirements of any public entity having jurisdiction over the Project;

4. If the Contractor disregards the authority of the Port;

5. If the Contractor performs Work which deviates from the Contract, and neglects or refuses to correct rejected Work; or

6. If the Contractor otherwise violates in any material way any provisions or requirements of the Contract.

B. Once the Port determines that sufficient cause exists to terminate the Contract, the Port shall give written notice to the Contractor and its Surety indicating that the Contractor is in breach of the contract and that the Contractor is to remedy the breach within fifteen (15)


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calendar days after the notice is sent. In case of an emergency such as potential damage to life or property as determined by the Engineer, the response time to remedy the breach after the notice may be shortened. If the remedy does not take place to the satisfaction of the Port, the Engineer may, by serving written notice to the Contractor and Surety either:

1. Transfer the performance of the Work from the Contractor to the Surety; or

2. Terminate the Contract and at the Port’s option prosecute it to completion by contract or otherwise. Any extra costs or damages to the Port shall be deducted from any money due or coming due to the Contractor under the Contract.

C. If the Engineer elects to pursue one remedy, it will not bar the Engineer from pursuing other remedies on the same or subsequent breaches.

D. Upon receipt of a notice that the work is being transferred to the Surety, the Surety shall immediately enter upon the premises and take possession of all materials, tools and appliances for the purpose of completing the work included under the Contract and employ by Contract or otherwise any person or persons satisfactory to the Engineer to finish the work and provide the materials without termination of the Contract. Such employment shall not relieve the Surety of its obligations under the Contract and the payment and performance bonds required under the Contract. If there is a transfer to the Surety, payments on estimates covering work subsequent to the transfer shall be made to the extent permitted under law to the Surety or its agency without any right of the Contractor to make any claim.

E. If the Engineer terminates the Contract or provides such sufficiency of labor or materials as required to complete the Work, the Contractor shall not be entitled to receive any further payments on the Contract until all the Work contemplated by the Contract has been fully performed. The Contractor shall bear any extra expenses incurred by the Port in completing the work, including all increased costs for completing the Work, and all damages sustained, or which may be sustained, by the Port by reason of such refusal, neglect, failure, or discontinuance of Work by the Contractor. If liquidated damages are provided in the Contract, the Contractor shall be liable for such liquidated damages until Substantial Completion of the Work. After all the Work contemplated by the Contract has been completed, the Engineer will calculate the total expenses and damages for the completed Work. If the total expenses and damages are less than any unpaid balance due the Contractor, the excess will be paid by the Port to the Contractor. If the total expenses and damages exceed the unpaid balance, the Contractor and the Surety shall be jointly and severally liable to the Port and shall pay the difference to the Port.

F. In exercising the Port’s right to prosecute the completion of the Work, the Port shall have the right to exercise its sole discretion as to the manner, method and reasonableness of the costs of completing the Work. In the event the Port takes bids for remedial work or completion of the project, the Contractor shall not be eligible for the award of such contracts.

G. In the event the Contract is terminated the termination shall not affect any rights of the Port against the Contractor. The rights and remedies of the Port under this termination clause are in addition to any other rights and remedies provided by law or under this Contract. Any retention or payment of monies to the Contractor by the Port will not release the Contractor from liability. The clauses of the contract shall remain in full force and effect until completion of the termination proceedings. Warranties, extended warranties, for work completed or partially completed shall continue as though a termination had not occurred.


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G-10.12 TERMINATION FOR CONVENIENCE

Upon ten (10) days’ written notice to the Contractor, the Port may terminate the Contract at its convenience and without cause. In such case, the Contractor shall be paid for all Work performed and reasonable expenses properly incurred in connection with the termination. No amount will be paid to the Contractor for any anticipated or estimated profit the Contractor could or would have earned if the Contract had not been terminated. Title to all Work performed at the time of termination shall be transferred to the Port upon payment therefore. In the event Termination for Default is found to be wrongful, it shall be converted to a Termination for Convenience. The clauses of the contract shall remain in full force and effect until completion of the termination proceedings. Warranties, extended warranties, for work completed or partially completed shall continue as though a termination had not occurred.

G-10.13 DAMAGES FOR UNEXCUSED DELAYS BY THE CONTRACTOR

A. As stated in Paragraph G-07.02, time is of the essence of this Contract. The Contractor recognizes that any unexcused delay by the Contractor in the prosecution and completion of the Work will cause inconvenience and expense to the Port, its lessees, and other users of Port facilities. The Contractor further acknowledges that unexcused delays in the prosecution and completion of the Work may obstruct air, water, or other traffic, interfere with and delay business and commerce, or expose the Port to possible claims of direct and consequential damages from third parties. Additionally, such delays may cause the Port to incur substantially increased costs of administration, engineering, supervision and inspection in connection with the completion of the Work.

B. In certain circumstances, it is recognized that it will be impracticable and extremely difficult to ascertain and determine the actual damages, as generally described above, which will be suffered by the Port as a result of an unexcused delays by the Contractor. In such circumstances, where specifically provided for in the Supplementary Conditions, the Contractor shall be liable to the Port for liquidated damages in the amount set forth in the Supplementary Conditions, for each calendar day following the contractually required date of Substantial Completion for the Work or Date of Beneficial Occupancy, or interim milestones/phases during which the Work or portions thereof remains uncompleted. Neither this subsection nor any amounts specified in the Supplementary Conditions as liquidated damages shall be considered to be a penalty, it being the express agreement of the Contractor and the Port that the liquidated damages provided shall be a reasonable approximation of actual damages to be suffered by the Port in the event of an unexcused delay.

C. Any deduction or payment of liquidated damages shall not in any way release the Contractor from any further or other obligation and liability with respect to Contractor’s performance of the entire Contract.

D. If the Supplementary Conditions do not provide for liquidated damages (as provided in subparagraph B of this paragraph), the Contractor shall be subject to liability for the actual damages (including but not limited to the items set forth in subparagraph A of this paragraph) suffered by the Port as a result of unexcused delays in Substantial Completion of the Work.

G-10.14 PORT’S RIGHT TO USE THE PREMISES

The Port reserves the right to use any part of the Work before completion of the entire Work without relieving the Contractor of any of its obligations under the Contract, except as otherwise provided herein. Such use shall not constitute Final Acceptance by the Port.


MC-0317218 / WP# 102365 00700-62 Rev. 07/06/12

ARTICLE G-11 BONDS AND INSURANCE

G-11.01 PERFORMANCE BOND

The Contractor shall furnish a duly executed Performance Bond upon a form furnished by the Port within ten (10) calendar days following receipt of the Notice of Intent To Award. The bond shall be executed by a surety or sureties who are acceptable to the Port and must appear on the Treasury Department’s most current list (Circular 570 as amended), have an underwriting limitation of not less than the Contract total, and be authorized to transact business in the State of Washington. In addition, the surety or sureties must be rated “A-, FSC (6)”, or higher by A.M. Best Rating Guide. The penal amount of the bond shall be in an amount equal to the Contract Sum and conditioned upon the faithful performance of the Contract by the Contractor within the Contract Time.

G-11.02 PAYMENT BOND

The Contractor shall also furnish a duly executed Payment Bond upon a form furnished by the Port, within ten (10) calendar days following receipt of the Notice of Intent To Award. The bond shall be executed by a surety or sureties who are acceptable to the Port and must appear on the Treasury Department’s most current list (Circular 570 as amended), have an underwriting limitation of not less than the Contract total, and be authorized to transact business in the State of Washington. In addition, the surety or sureties must be rated “A-, FSC (6)”, or higher by A.M. Best Rating Guide. The penal amount of the bond shall be in an amount equal to the Contract Sum and conditioned upon the payment by the Contractor to all laborers, mechanics, Subcontractors, materialmen and all persons who shall supply the Contractor, Subcontractors or Sub-Subcontractors with provisions, equipment, or supplies for the performance of the Work covered by this Contract.

G-11.03 FAILURE TO PROVIDE BONDS

A. Failure to provide timely Performance and Payment Bonds will result in Non-Award and forfeiture of any Bid bond or Security to the Port.

B. The Port may, from time to time, require the Contractor’s surety or sureties to appear and qualify themselves upon the bonds. If such surety or sureties shall refuse or fail to so appear and qualify, or if the Port determines that such surety or sureties are insufficient to fulfill the terms and conditions of the bonds, then the Port shall require the Contractor to furnish additional surety or sureties as may be necessary to fulfill the terms and conditions of the bonds.

C. If the Contract Sum is increased by Change Order, the Contractor agrees to provide the Port with such additional Performance and Payment Bonds as required to assure performance of any additional Work and payment for the labor and materials incidental to such Work.

G-11.04 CONTRACTOR LIABILITY INSURANCE

A. Within ten (10) calendar days after receipt of the Notice of Intent to Award, the Contractor at Contractor’s own expense shall satisfy the insurance required in this section and if applicable in the Supplementary Conditions (SCs). All insurance is to be kept in force for the life of this Contract and until the work is completed.


MC-0317218 / WP# 102365 00700-63 Rev. 07/06/12

1. Insurance shall be procured from primary and excess insurance carriers, whether admitted or on surplus lines basis, that have a A.M. Best’s rating of no less than ”A Minus FSC VI” or higher. Should a rating of an insurance company fall below an A.M. Best’s rating of ”A Minus FSC VI”, the Contractor shall replace the insurance company with a company that can meet the required rating at its expense.

2. Within ten (10) days after receipt of the Notice of Intent to Award, the Contractor shall submit to the Port a Certificate of Insurance and all Additional Insured Endorsements (where specified below or in the Supplementary Conditions) and any Waivers of Subrogation (where specified below or in the Supplementary Conditions) which shows that it has obtained the required coverage(s).

3. The Port reserves the right to reject any insurance policy or endorsement as to company, form, or substance.

4. The Port’s acceptance of the Contractor’s certificate of insurance does not waive the Contractor’s obligation to comply with the insurance requirements of this contract.

5. Certificates of Insurance shall list each deductible or retention in excess of $25,000 for each line of required insurance coverage.

6. The required insurance shall cover all of the Contractors’ operations of whatever nature connected in any way with this Contract, including any operations under subcontract. It is the obligation of the Contractor to ensure that all Subcontractors (at whatever level) carry a similar program which provides the previously identified types of coverage, limits of liability, inclusion of the Port as an additional insured, and any waivers of subrogation

7. Contractor is solely responsible for all deductibles or self-insured retentions under any required policy of insurance, including any deductibles that are triggered by claims that the Port may submit to Contractor’s insurance carrier as an additional insured on any policy. This deductible responsibility extends to deductibles that are owed on any policy of insurance following termination of the Contract if the event or cause of loss occurred during the term of the Contract.

8. Contractor shall provide evidence of insurance including certificates of insurance, endorsements and waivers, where required, annually up until the Contract is closed out or on a more frequent basis if requested by the Port.

9. Any insurance deductible or retention that exceeds $250,000 must be disclosed to the Port during the bid process. Any insurance deductible or retention that equals or exceeds $ 1 Million dollars is considered a form of self-insurance which requires written approval from the Port. See Section “C” below.

10. Coverage shall not lapse or be terminated without the Contractor’s or Contractor’s insurance agent or broker written notification to the Port, no less than thirty (30) days prior to any such lapse or termination. Contractor additionally agrees to notify the Port upon any material change of insurance coverage or reduction in limits.

11. Full policy aggregate limits shall be available throughout the duration of the project. If aggregate policy limits for any primary or excess policy of coverage are reduced by more than 80% at any time during the project, the Port shall be notified in writing.


MC-0317218 / WP# 102365 00700-64 Rev. 07/06/12

12. Contractor may meet required insurance limits through a combination of primary and umbrella or excess insurance. Excess and coverage insurance must include the specific components of the underlying required coverage identified below. Any insurance the Port may carry will apply strictly on an excess basis over any applicable insurance the Contractor may carry.

13. Contractors driving on the non-movement part of the airfield will need to have a minimum of $ 5 million, combined single limit, of automobile liability insurance. This minimum shall be $ 10 million, combined single limit, if driving in the movement area on the airfield.

14. All policies provided by the Contractor shall include a provision that each insurer shall comply with RCW 48,18.290 and give forty-five 45 days' prior written notice to the Port of any policy's termination as required by RCW 48.18.290, or of any material change in any of their terms which relate to this Contract.

B. Contractor shall procure and maintain insurance in the following minimum form and limits (see also the Supplementary Conditions-SCs).

1. Commercial General Liability insurance on ISO Form CG 00 01 10 01 (or equivalent) for third party property damage, bodily injury, personal and advertising injury, and medical payments in an amount which is not less than (See SCs) per occurrence. The insurance shall cover liability arising from premises, operations, independent Contractors, products completed operations, personal and advertising injury, and liability assumed under an insured contract. The Contractor’s insurance shall be primary and non-contributory with respect to any insurance the Port carries and apply separately to each insured. The Port shall be named as an additional insured for all work arising out of Contractors Work, including “on-going” and “completed operations” using ISO Endorsement Form CG 20 26 11 85 or an equivalent endorsement approved by the Port.

a) Completed operations coverage shall continue for 3 (three) years beyond project completion and include the Port as an additional insured. The additional insured coverage shall remain as primary insurance with respect to any other insurance or self-insurance the Port may carry. Evidence of coverage shall be provided by means of a Certificate of Insurance and additional insured endorsement during this time frame.

b) There shall be no endorsements attached to the policy that exclude coverage for the Contractor due to construction or project management services that are required under the scope of work including work defined as construction means, methods, sequences, and techniques. Endorsements such as ISO CG 22 43 or ISO CG 22 79; or similar endorsements shall not be attached to the general liability policy of the Contractor. If these endorsements, or similar endorsements are attached, the Contractor will be required to show evidence of professional liability insurance in an amount of no less than $ 1 million per claim and in the aggregate with a retroactive date of no later than project start and a tail end policy claim reporting period of no less than 365 days from the end of the project (project completion).

c) If the policy contains a general aggregate limit, the policy shall be endorsed such that the limits of insurance that are specified herein shall apply separately to this contract.


MC-0317218 / WP# 102365 00700-65 Rev. 07/06/12

2. Automobile Liability Insurance. Contractor shall provide business automobile insurance for all owned, non-owned, hired, leased, borrowed, or rented vehicles, including trailers, in an amount not less than (See SCs) per occurrence, combined single limit for bodily injury and property damage using ISO Form CA 00 01 (or equivalent).

a) Automobile insurance coverage shall extend to all owned, non-owned, hired, leased, employee owned, borrowed, or rented vehicles, including trailers.

b) The Port shall either be named as an additional insured on the policy; or, given in writing a waiver of subrogation.

c) Where applicable and as required by the Motor Carrier Act of 1980 (which requires evidence of mandatory liability insurance coverage for transportation of hazardous materials), attach a copy of an MCS-90 Endorsement to the commercial auto liability policy for all operations in which the Contractor is to remove and transport any hazardous or other regulated material onto or off the project site.

3. Provide contractor's pollution liability coverage, with the Port named as an additional insured on the policy, if indicated in the SCs and in the amount listed in the SCs on a per claim basis. The coverage shall extend to all incidents, claims, damages, and losses, including defense costs that are caused by pollution incidents that arise from the operations of the Contractor as it relates to the services to be performed under this contract and that occur on or after the notice to proceed (NTP) and extending to include all claims occurring during the project, including claims from incidents occurring during the project period but reported after project completion, for up to 60 days following the end of the project.

a) The policy shall cover incidents, claims, damages, and losses, at the project site, including clean-up and remediation as well as third party bodily injury, third party property damage, and clean-up/remediation, both on and off the project site.

b) Coverage shall extend to both upland or land side at the project site, as well as for project work occurring over or in water, if applicable.

4. Protection and indemnity coverage if indicated in the SCs in the amount of (See SCs) per occurrence for all work that the Contractor is to complete in (or on) water to include, such as, but not limited to, dredging, dock improvements, crane work, tower improvements, fender piles, and pile driving; and in which the work will utilize floating docks or platforms, skiffs, boats, vessels, or any other equipment that floats.

a) Coverage shall be written on marine vessel form issued by the American Institute of Marine Underwriters such as the SP-23, the SP-38, and the American Institute of Marine Underwriters (equivalent forms accepted upon review). Insurance coverage shall provide liability coverage for the vessel owners, and the Port of Seattle as an additional assured, on a scheduled basis for each vessel, platform, skiff, boat, or other watercraft which is to be used in the completion of the project whether or not the vessel, dock/platform, skiff, boat, or watercraft is actually owned by the Contractor.


MC-0317218 / WP# 102365 00700-66 Rev. 07/06/12

b) Liability coverage shall also extend to property such as materials and equipment to be installed into the project should the property be damaged in part or in whole while on board, or during the course of being loaded or unloaded from the vessel.

c) The Port of Seattle shall be listed as an additional assured on all policies which apply to the vessel(s) used to complete the Work.

5. Employers Liability Insurance (Washington Stop Gap Liability). The Contractor shall provide Washington State Stop Gap employers’ liability insurance. This shall be in an amount of $ 1 million per accident and $1 million per disease using ISO CG 04 42 11 03 or equivalent. This coverage may be provided by endorsing the primary commercial general liability policy.

C. Self-Insurance - Any Company wishing to use a program of self-insurance to meet any or all of the required pollution liability, general liability and/or automobile liability insurance (excluding Industrial Insurance as defined in Title 51 of the Revised Code of Washington) must receive written approval from the Port during the bidding process and prior to the award of the Contract. If professional liability insurance is required as part of this Contract, a commercial policy must be purchased and self-insurance will not be an option in lieu of a professional liability policy. Self-insurance as applicable to this Contract means that the Contractor is itself or through an owned insurance captive acting as though it were the insurance company providing the liability insurance required under the Contract, including self-insured retentions that exceed $ 1 Million Dollars. The Port agrees that it will reasonably consider any request by Contractor to use a program of self-insurance to meet required insurance limits.

1. If Port agrees to Contractor’s self-insurance program, Contractor agrees to waive any subrogation rights it may have against the Port for any and all claims it pays or is required to pay, due to loss or damage resulting from the risks for which Contractor has elected to self-insure.

2. In the event that the Port permits Contractor to self-insure and an event or claim occurs for which a defense and/or coverage would have been available from the insurance company, Contractor shall specifically: (i) undertake the defense of any such claim, including a defense of the Port, at Contractor’s sole cost and expense; and (ii) use its own funds to pay any claim or replace property or otherwise provide the funding which would have been available from insurance proceeds but for such election by Contractor’s to self-insure.

3. To evaluate a Contractor’s program of self-insurance, Contractor during bidding shall disclose to the Port its lines it seeks to use self-insurance, a statement of company net worth, statement of worth from any insurance captives used to fund claims (if applicable), and a general statement that explains how it manages third party claims within the self-insured line of coverage and/or the self-insured retention, including claims from additional insured’s.

D. Contractor is fully responsible for providing evidence of current compliance with the Revised Code of Washington, Title 51 Industrial Insurance for Contractor and all subcontractors. Contractor shall submit a current employer liability certificate as issued by the Washington Department of Labor and Industries that shows the status of Contractor’s worker compensation account prior to commencing work on any portion of the Contract. Contractor shall also provide the Port their UBI Number and their Washington State Worker Compensation Account Number.


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E. Contractor is fully responsible for ascertaining whether any federal industrial insurance laws apply to this agreement such as from the Federal Employers’ Liability Act, the Jones Act, or the United States Longshore and Harbor Workers Compensation Act. Contractor shall comply with all required workers compensation requirements whether through purchase of commercial insurance or as a qualified self insurer relative to federal industrial insurance laws.

F. Other Insurance. The insurance required within this Contract may not fully cover the Contractor for any indemnity obligations the Contractor may have to the Port or others. It is Contractor’s obligation to review the scope of the Contract with Contractor’s insurance agent or broker to address coverage needs for Contractor. The Port reserves the right to modify and add insurance requirements if the scope of the Contract changes during the course of construction and/or if the Contract is amended or extended beyond original agreed upon completion date.

G. The insurance requirements required within this section shall apply to any Subcontracts that the Contractor may enter into for completion of Contract.

H. No Limitation of Liability. The limits of insurance required in this contract or as carried by Contractor shall not limit the liability of Contractor nor relieve Contractor of any obligation hereunder. Any specified limits of insurance shall not be construed as to relieve the Contractor from liability in excess of the limits. The minimum limits indicated below do not indicate that the Port has assessed the risks that may be applicable to the Contractor under this Contract.

I. Waiver of Subrogation. Without affecting any other rights or remedies, Contractor (for itself and on behalf of anyone claiming through or under it by way of subrogation or otherwise) hereby waives any rights it may have against the Port, its officers, agents and employees (whether in contract or in tort) on account of any loss or damage occasioned to Contractor arising out of or incident to the perils required to be insured against within the Contract. Accordingly, Contractor shall cause each insurance policy required by Contract to further contain a waiver of subrogation clause. The effect of such release and waiver of the right to recover damages shall not be limited by the amount of insurance carried or required or by any deductibles applicable thereto.

J. If the Contractor is required to make corrections to the Work after the Work has been given Notice of Completion, the Contractor shall obtain at its own expense, prior to the commencement of any corrective work, such insurance coverage as is required by Section G-11.04 and the Supplementary Conditions of this contract. Coverage shall be maintained until the corrections to the Work have been accepted by the Port.

K. Safety and Abatement of Fire and Other Hazards Contractor agrees to evaluate and follow up on all recommendations and requirements of Contractor’s insurance company as they pertain to safety and loss control while work is being performed under this contract.

G-11.05 PORT PROPERTY INSURANCE

A. The Port maintains annual property insurance to cover scheduled Port properties, scheduled projects, and scheduled assets which cover the interests of the Port. This property insurance covers the Port on an “all-risk” basis, subject to the exclusions and other policy provisions defined in the actual policy. Terms, limits, scheduled property and projects, exclusions, enhancements, who is an “insured”, and subrogation rights, are


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subject to annual review and revision. The current policy is available for review and examination by the Contractor and other interested parties at the Port of Seattle.

B. Deductibles, exclusions, limits, and who is an “insured” under the Port’s property insurance policy vary and depend on the peril, type project, location, asset type, and whether or not the property or project is scheduled with the insurer. The Port’s policy only applies to those projects in process that are scheduled and on file with the Port’s insurance company. Any deductibles and exclusions of the policy that may apply to a given project under construction and for those projects for which the Contractor is considered an “insured” on the policy shall be the responsibility of and for the account of the Contractor. The Port does not represent, warrant or covenant that the Work will be covered under any such property policy, that the Contractor will be an insured under any such property policy, or that any particular loss constitutes an insured peril under the terms of the Port policy in place at the time of loss." The Contractor may at its option elect to purchase additional insurance to cover said deductibles, policy exclusions, or non-scheduled projects.

C. The policy may change as to coverage, limits, exclusions, which property and projects are scheduled for coverage purposes, and who is defined as an “insured” at any time. The Port bears no responsibility to the Contractor for any such changes or for notification of changes should they occur.

D. By way of description, but not limitation, the insurance provided under this section does not cover, nor does it relieve the Contractor of liability for, the following types of losses: defective workmanship or materials; damage or loss to Contractor’s equipment; liability of the Contractor for personal injury or property damage as set forth elsewhere in this Contract; infidelity of Contractor’s employees; and mechanical breakdown. These exclusions are not exhaustive, and the Contractor shall examine the Port’s current policy to determine the precise extent of coverage under this section.

End of Document

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00800 - Supplementary Conditions

MC-0317218 / WP# 102365 00800-1 Rev. 03/05/12

SC-00.01 - GENERAL

The following supplements shall modify, delete and/or add to the General Conditions. Where any article, paragraph or subparagraph in the General Conditions is supplemented by one of the following paragraphs, the provisions of such article, paragraph or subparagraph shall remain in effect and the supplemental provisions shall be considered as added thereto. Where any article, paragraph or subparagraph in the General Conditions is amended, voided or superseded by any of the following paragraphs, the provisions of such article, paragraph or subparagraph not so amended, voided or superseded shall remain in effect. The supplements referenced within this section are identified with the same number and title used for that topic in the General Conditions.

SC-02.02 - CORRELATION OF THE CONTRACT DOCUMENTS

Add the following to sub-paragraph C.2:

Contract Drawings: The following drawings are a part of the Contract documents:

G000 through G001

C001 through C029

SC-04.01 - EXAMINATION OF THE SITE OF WORK AND CONTRACT DOCUMENTS

B. After Award and prior to Notice to Proceed, the Contractor shall meet at the site with the Engineer and jointly perform a site assessment survey. The purpose of this survey will be to accurately document the existing conditions of the site prior to the Contractor commencing work. The survey shall include documentation of existing facilities which are visible. The Contractor shall videotape the site assessment survey and deliver a copy of the videotape to the Engineer. The extent of the survey area shall include the project limits plus any areas outside the project limits as deemed necessary by the Engineer.

SC-04.05 - PREVAILING WAGES TO BE PAID

Add the following to paragraph B:

The most current Apprenticeship Wage Rates can be obtained from the State of Washington Department of Labor and Industries’ website at: https://fortress.wa.gov/lni/wagelookup/ApprenticeWageLookup.aspx.

Add the following new paragraph:

H. The Contractor or subcontractor directly contracting for “Off-Site, Prefabricated, Non-Standard, Project Specific Items” shall identify and report information required on the affidavit of wages paid form filed with the Department of Labor and Industries. The Contractor shall include language in its subcontracts requiring subcontractors and lower-tier subcontractors to comply with the reporting requirements for” Off-Site, Prefabricated, Non-Standard, Project Specific Item” on the affidavit of wages paid.

The reporting requirement for Items shall apply for all public works contracts estimated to cost over $1 million entered into by the Port and Contractor between September 1, 2010 through December 31, 2013.

"Off-site, prefabricated, nonstandard, project specific items" means products or items that are:


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a. Made primarily of architectural or structural precast concrete, fabricated steel, pipe and pipe systems, or sheet metal and sheet metal duct work;

b. Produced specifically for the public work and not considered to be regularly available shelf items;

c. Produced or manufactured by labor expended to assemble or modify standard items; and

d. Produced at an off-site location outside Washington.

The Contractor or subcontractor shall comply with the reporting requirements and instructions on the affidavit of wages paid form, and shall report the following information on the affidavit of wages paid form submitted to the Department of Labor and Industries in order to comply with the reporting requirements for use of “Off-Site, Prefabricated, Non-Standard, Project Specific” items:

a. The estimated cost of the public works project; b. The name of the awarding agency and the project title; c. The contract value of the off-site, prefabricated, nonstandard, project specific items

produced outside of Washington State, including labor and materials; and d. The name, address, and federal employer identification number of the contractor

that produced the off-site, prefabricated, nonstandard, project specific items.

SC-04.11 - PERMITS, LICENSES, FEES AND NOTICES

Add the following to paragraph A, if applicable:

1. Building Permit: Prior to start of construction, a general building and grading permit will have been obtained and paid for by the Port of Seattle. At the completion of the project, the signed inspection card and Airport Building Department approved drawings shall be turned over to the Engineer.

2. The Contractor is responsible for obtaining a Business License from the appropriate jurisdiction in which the Work is being performed.

3. Other Permits:

4. Notification: The Contractor shall notify the following agencies prior to start of construction:

Puget Sound Clean Air Agency

State of Washington Department of Labor & Industries

Division of Industrial Safety & Health

Seattle Fire Department

5. Special regulations concerning permit use, applications or recall:

SC-05.02 AWARD OF CONTRACTS TO SUBCONTRACTORS AND SUPPLIERS

Add the following paragraph:

H. The Port may direct the contractor, at no additional cost to the Port, to remove and substitute any subcontractor(s) found to be out of compliance with the “Off-Site Prefabricated Non-Standard Project Specific Items” reporting requirements more than one time as determined by the Department of Labor and Industries.


MC-0317218 / WP# 102365 00800-3 Rev. 03/05/12

Add the following new paragraph to Article G-05 Subcontractors and Suppliers:

SC-05.04 REPORTING OF SUBCONTRACTORS WORK COMPLETION

The Prime Contractor shall submit to the Port the end date “date work completed” for each of its subcontractors at any level. This may be reported utilizing the Electronic Payroll Information Reporting, see Document 00830 Equal Employment, Affirmative Action Requirements and Equal Benefits. The end date shall correlate with the end date reported on the Affidavit of Wages Paid and may be utilized by the Port ID/Access Office as the last day of necessity “when job function no longer requires a Port of Seattle-issued identification badge”.

SC-07.01 - CONTRACT TIME

Add the following to paragraph D.

The Contract shall be substantially complete all of the work included in this Contract within 480 calendar days as provided for in the General Conditions.

SC-08.02 - SCOPE OF PAYMENT


C. All payments will be made by Direct Deposit. Attached is the Port of Seattle “DIRECT DEPOSIT (ACH) ENROLLMENT FORM AND AGREEMENT”, this form is a pre-award submittal, to establish the electronic payment path. If, for some reason the company cannot receive Direct Deposit, contact the appropriate Contract Administrator.

SC-08.04 - PROGRESS PAYMENTS

The Contractor’s progress payment request shall be made on the 20th of each month, based on the percentage of work completed.

SC-08.08 - COMPLETION, OCCUPANCY, BENEFICIAL OCCUPANCY DATE

1. None of the Work will be considered for Beneficial Occupancy prior to completion of the entire Contract.

SC-08.14 – NOTIFICATION OF LIEN PERIOD

Replace paragraph A with the following:

A. The date the Director of Engineering Services officially accepts the work via “final acceptance memo” marks the completion of Contract Work for purposes of RCW 60.28.011. It is the responsibility and a condition of this Contract that Contractor promptly notifies all Subcontractors and Suppliers of the commencement of the period and of the final day for submitting any liens. As a further condition of this Contract the Contractor is required to place within all subcontracts a clause that states that this shall be done. The Contractor shall by letter inform the Port of the compliance with this provision.

SC-10.04 - PORT’S RIGHT TO STOP WORK FOR CONTRACTOR NON-PERFORMANCE

A. Construction may be stopped by the General Manager, Airfield Line of Business, or the General Manager’s designee, through the Engineer, any time the former considers that the intent of the regulations regarding safety or Security Requirements are being violated or that a hazardous condition exists. This decision to suspend the operation will be final


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and will only be rescinded when satisfied that the Contractor has taken action to correct the condition and prevent recurrence.

SC-10.13 - DAMAGES FOR UNEXCUSED DELAYS BY THE CONTRACTOR


Liquidated Damages

Pursuant to the requirements of Paragraph G-10.13B of the GENERAL CONDITIONS, the Liquidated Damages for the entire project shall be One Thousand dollars $1,000.00 per day.

The damages stipulated above are to be deducted as Liquidated Damages from any monies due or coming due the Contractor.

Liquidated damages as indicated shall be imposed for delay up to the time of Substantial Completion as defined in Document 00700, G-08.08.


MC-0317218 / WP# 102365 00800-5 Rev. 03/05/12

SC-11.04 - CONTRACTOR LIABILITY INSURANCE

1. Section A.14 – Delete this sub-section.

2. Section A.11 – Delete this sub-section.

3. Section B.1. – Limits for commercial general liability insurance shall be a minimum of $5 million

per occurrence, to include completed operations, with limits dedicated to this project.

4. Section B.1.C – This section is modified as follows: If the policy contains an annual general aggregate limit, this limit shall be no less than $10 million per year;

5. Section B.2 – Limit for automobile liability insurance shall be no less than $5 million per occurrence. The Port must be given evidence that all vehicles used for hauling hazardous and regulated materials are in compliance with the financial and liability insurance regulations with respect to the Motor Carrier Act of 1980 and that a valid MCS-90 endorsement has been attached to the automobile insurance policy for all vehicle used to transport hazardous and regulated materials.

6. Section B.3 – Pollution liability coverage shall be provided for sudden and accidental incidents involving hazardous, toxic, biological, mold, and other pollution related materials. Coverage in the amount of not less than $ 5 million per occurrence/per claim is required. If the policy has an aggregate it shall be no less than $10 million per policy year. The Port shall be an additional insured on this policy and evidence validating that the Port is an additional insured shall be submitted prior to contract inception. Submission of an insurance certificate that states the Port is an additional insured for this coverage is not acceptable by itself. The actual policy or endorsement that identifies the Port as an additional insured must be submitted to the Port.

7. Section B.4 – Protection and indemnity coverage shall be provided as detailed in t B.4 of G-11.04 with limits of not less than $2 million per occurrence for all vessels used to perform the work. The coverage shall include wreck and removal coverage as well as coverage for pollution liability. The Port shall be an additional insured on the policy.

End of Document

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS & CONDITIONS OF THE CONTRACT Document 00800A - Supplementary Conditions

MC-0317251 / WP# 104494 00800A-1 Rev. 06/07/04

Attachment A: Contractor Statement

Contract Number: MC-0317251

Port of Seattle Work Project Number: 104494

Project Title: ___________________________________________________

To: Department of Ecology

I have read the National Pollutant Discharge Elimination System (NPDES) Permit for the above referenced project and, to the best of my ability, understand the requirements of those permits as they relate to those portions of the work that are being conducted under my supervision.

Contractor Name (Signature) _________________________________________________

Date ____________________________________________________________________

Name (Print) ______________________________________________________________

Title _____________________________________________________________________

Company _________________________________________________________________

Port of Seattle Project Engineer (Signature) ______________________________________

Date _____________________________________________________________________

Name (Print) _______________________________________________________________

Title ______________________________________________________________________

PO Box 1209 • Seattle, WA 98111 • (206)728-3179 • Fax: (206)728-3025 • www.portseattle.org

ACCOUNTS PAYABLE DIRECT DEPOSIT (ACH) ENROLLMENT FORM AND AGREEMENT Please Print or Type All Information

Company/Payee Name:

Address:

City/State/Zip: City State Zip

Company/Payee Contact Person: Phone:

Company/Payee Contact E-mail:

Financial Institution Name:

Financial Institution Phone:

Routing Number: (9 digits)

Depositor Account No.: Type: Checking Savings I hereby authorize The Port of Seattle to automatically deposit payments to the account listed above under the terms and conditions of this Direct Deposit (ACH) Enrollment Form and Agreement. I certify that I am authorized to enter into this agreement on behalf of the account holder. I verify that the information provided on this form is correct and that The Port of Seattle may rely on it.

Authorized Signature: Date:

Title:

For Port of Seattle Internal Use Only

Initials Date

Vendor ID

Banks/Counterparts

Vendor Account

Vendor File Updated

Manager Approval

** Instructions and Terms and Conditions on reverse **

http://www.portseattle.org/

PO Box 1209 • Seattle, WA 98111 • (206)728-3179 • Fax: (206)728-3025 • www.portseattle.org

INSTRUCTIONS TO PAYEE/VENDOR

1. The Direct Deposit (ACH) Enrollment Form and Agreement allows The Port of Seattle’s Accounts Payable Department to automatically deposit payments directly into a financial account of a vendor.

2. Complete the form.

3. Sign and date where indicated and forward the completed form to The Port of Seattle Accounting Office for processing. Send the completed form to:

The Port of Seattle

Attn: Accounts Payable Department

PO Box 1209

Seattle, WA 98111

4. All accounts will be prenoted (tested) to ensure the information provided is valid. During this prenote, payees/vendors will continue to receive negotiable checks in the mail.

5. Incorrectly completed forms may cause significant delays in establishing direct deposit payments.

TERMS AND CONDITIONS

1. Payee/Vendor agrees to accept payment by The Port of Seattle through electronic funds transfer (EFT) and that Port of Seattle can rely on the information provided on the front of this form.

2. This agreement applies to and amends all agreements with The Port of Seattle by incorporating these terms and conditions for electronic payment. However, these terms and conditions neither enlarge nor diminish the respective rights and obligations contained in any other agreement with you. The payment terms are not affected. The Port of Seattle will consider payment received by you when your financial institution has received or has control of the payment.

3. Payments to you will be deposited into the account designated on the front of this Direct Deposit (ACH) Enrollment Form and Agreement until The Port of Seattle is notified in writing that you wish to cancel this authorization or designate a different financial institution or account. A minimum of ten banking days will be needed to execute your instructions.

4. The Port of Seattle has the right to adjust future payments if payments previously made are found to be duplicates, in excess of requirements, fraudulent, in error, or require any other adjustment under the terms of an agreement with you. This may be accomplished by using an ACH debit.

5. The Port of Seattle will not be responsible for any loss arising solely from error, mistake, or fraud regarding information on your Direct Deposit (ACH) Enrollment Form and Agreement.

6. All applicable taxes will be included in the payment.

http://www.portseattle.org/

State of Washington Department of Labor & Industries

Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540

Washington State Prevailing Wage

The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to

not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key.

Journey Level Prevailing Wage Rates for the Effective Date: 10/16/2012

County Trade Job Classification Wage Holiday Overtime NoteKing Asbestos Abatement Workers Journey Level $40.83 5D 1H

King Boilermakers Journey Level $60.24 5N 1C

King Brick Mason Brick And Block Finisher $42.21 5A 1M

King Brick Mason Journey Level $49.07 5A 1M

King Brick Mason Pointer-Caulker-Cleaner $49.07 5A 1M

King Building Service Employees Janitor $19.98 5S 2F

King Building Service Employees Traveling Waxer/shampooer $20.39 5S 2F

King Building Service Employees Window Cleaner (Scaffold) $24.52 5S 2F

King Building Service Employees Window Cleaner(non-scaffold) $23.66 5S 2F

King Cabinet Makers (In Shop) Journey Level $22.74 1

King Carpenters Acoustical Worker $49.57 5D 1M

King Carpenters Bridge, Dock And Wharf Carpenters

$49.57 5D 1M

King Carpenters Carpenter $49.57 5D 1M

King Carpenters Carpenters on Stationary Tools $49.70 5D 1M

King Carpenters Creosoted Material $49.67 5D 1M

King Carpenters Floor Finisher $49.57 5D 1M

King Carpenters Floor Layer $49.57 5D 1M

King Carpenters Scaffold Erector $49.57 5D 1M

King Cement Masons Journey Level $50.13 7A 1M

King Divers & Tenders Diver $100.28 5D 1M 8A

King Divers & Tenders Diver On Standby $56.68 5D 1M

King Divers & Tenders Diver Tender $52.23 5D 1M

King Divers & Tenders Surface Rcv & Rov Operator $52.23 5D 1M

King Divers & Tenders Surface Rcv & Rov Operator Tender

$48.67 5A 1B

King Dredge Workers Assistant Engineer $49.57 5D 1T 8L

King Dredge Workers Assistant Mate(deckhand) $49.06 5D 1T 8L

Page 1 of 18

8/17/2012https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx

King Dredge Workers Engineer Welder $49.62 5D 1T 8L

King Dredge Workers Leverman, Hydraulic $51.19 5D 1T 8L

King Dredge Workers Maintenance $49.06 5D 1T 8L

King Dredge Workers Mates And Boatmen $49.57 5D 1T 8L

King Dredge Workers Oiler $49.19 5D 1T 8L

King Drywall Applicator Journey Level $49.74 5D 1H

King Drywall Tapers Journey Level $49.79 5P 1E

King Electrical Fixture Maintenance Workers

Journey Level $25.08 5L 1E

King Electricians - Inside Cable Splicer $62.74 7C 2W

King Electricians - Inside Cable Splicer (tunnel) $67.45 7C 2W

King Electricians - Inside Certified Welder $60.61 7C 2W

King Electricians - Inside Certified Welder (tunnel) $65.10 7C 2W

King Electricians - Inside Construction Stock Person $33.69 7C 2W

King Electricians - Inside Journey Level $58.47 7C 2W

King Electricians - Inside Journey Level (tunnel) $62.74 7C 2W

King Electricians - Motor Shop Craftsman $15.37 1

King Electricians - Motor Shop Journey Level $14.69 1

King Electricians - Powerline Construction

Cable Splicer $64.95 5A 4A


Certified Line Welder $59.37 5A 4A


Groundperson $42.16 5A 4A


Head Groundperson $44.50 5A 4A


Heavy Line Equipment Operator

$59.37 5A 4A


Jackhammer Operator $44.50 5A 4A


Journey Level Lineperson $59.37 5A 4A


Line Equipment Operator $49.95 5A 4A


Pole Sprayer $59.37 5A 4A


Powderperson $44.50 5A 4A

King Electronic Technicians Journey Level $31.00 1

King Elevator Constructors Mechanic $75.24 7D 4A

King Elevator Constructors Mechanic In Charge $82.00 7D 4A

King Fabricated Precast Concrete Products

All Classifications - In-Factory Work Only

$14.15 5B 2K

King Fence Erectors Fence Erector $15.18 1

King Flaggers Journey Level $34.61 7A 2Y

King Glaziers Journey Level $52.76 7L 1Y

King Heat & Frost Insulators And Journeyman $56.93 5J 1S

Page 2 of 18


Asbestos Workers

King Heating Equipment Mechanics Journey Level $68.52 7F 1E

King Hod Carriers & Mason Tenders Journey Level $42.11 7A 2Y

King Industrial Engine And Machine Mechanics

Journey Level $15.65 1

King Industrial Power Vacuum Cleaner


King Inland Boatmen Boat Operator $52.32 5B 1K

King Inland Boatmen Cook $48.89 5B 1K

King Inland Boatmen Deckhand $48.96 5B 1K

King Inland Boatmen Deckhand Engineer $49.95 5B 1K

King Inland Boatmen Launch Operator $51.16 5B 1K

King Inland Boatmen Mate $51.16 5B 1K

King Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control

Cleaner Operator, Foamer Operator

$31.49 1


Grout Truck Operator $11.48 1


Head Operator $24.91 1


Technician $19.33 1


Tv Truck Operator $20.45 1

King Insulation Applicators Journey Level $49.57 5D 1M

King Ironworkers Journeyman $59.02 7N 1O

King Laborers Air, Gas Or Electric Vibrating Screed

$40.83 7A 2Y

King Laborers Airtrac Drill Operator $42.11 7A 2Y

King Laborers Ballast Regular Machine $40.83 7A 2Y

King Laborers Batch Weighman $34.61 7A 2Y

King Laborers Brick Pavers $40.83 7A 2Y

King Laborers Brush Cutter $40.83 7A 2Y

King Laborers Brush Hog Feeder $40.83 7A 2Y

King Laborers Burner $40.83 7A 2Y

King Laborers Caisson Worker $42.11 7A 2Y

King Laborers Carpenter Tender $40.83 7A 2Y

King Laborers Caulker $40.83 7A 2Y

King Laborers Cement Dumper-paving $41.59 7A 2Y

King Laborers Cement Finisher Tender $40.83 7A 2Y

King Laborers Change House Or Dry Shack $40.83 7A 2Y

King Laborers Chipping Gun (under 30 Lbs.) $40.83 7A 2Y

King Laborers Chipping Gun(30 Lbs. And $41.59 7A 2Y

Page 3 of 18


Over)

King Laborers Choker Setter $40.83 7A 2Y

King Laborers Chuck Tender $40.83 7A 2Y

King Laborers Clary Power Spreader $41.59 7A 2Y

King Laborers Clean-up Laborer $40.83 7A 2Y

King Laborers Concrete Dumper/chute Operator

$41.59 7A 2Y

King Laborers Concrete Form Stripper $40.83 7A 2Y

King Laborers Concrete Placement Crew $41.59 7A 2Y

King Laborers Concrete Saw Operator/core Driller

$41.59 7A 2Y

King Laborers Crusher Feeder $34.61 7A 2Y

King Laborers Curing Laborer $40.83 7A 2Y

King Laborers Demolition: Wrecking & Moving (incl. Charred Material)

$40.83 7A 2Y

King Laborers Ditch Digger $40.83 7A 2Y

King Laborers Diver $42.11 7A 2Y

King Laborers Drill Operator (hydraulic,diamond)

$41.59 7A 2Y

King Laborers Dry Stack Walls $40.83 7A 2Y

King Laborers Dump Person $40.83 7A 2Y

King Laborers Epoxy Technician $40.83 7A 2Y

King Laborers Erosion Control Worker $40.83 7A 2Y

King Laborers Faller & Bucker Chain Saw $41.59 7A 2Y

King Laborers Fine Graders $40.83 7A 2Y

King Laborers Firewatch $34.61 7A 2Y

King Laborers Form Setter $40.83 7A 2Y

King Laborers Gabian Basket Builders $40.83 7A 2Y

King Laborers General Laborer $40.83 7A 2Y

King Laborers Grade Checker & Transit Person

$42.11 7A 2Y

King Laborers Grinders $40.83 7A 2Y

King Laborers Grout Machine Tender $40.83 7A 2Y

King Laborers Groutmen (pressure)including Post Tension Beams

$41.59 7A 2Y

King Laborers Guardrail Erector $40.83 7A 2Y

King Laborers Hazardous Waste Worker (level A)

$42.11 7A 2Y

King Laborers Hazardous Waste Worker (level B)

$41.59 7A 2Y

King Laborers Hazardous Waste Worker (level C)

$40.83 7A 2Y

King Laborers High Scaler $42.11 7A 2Y

King Laborers Jackhammer $41.59 7A 2Y

King Laborers Laserbeam Operator $41.59 7A 2Y

King Laborers Maintenance Person $40.83 7A 2Y

Page 4 of 18


King Laborers Manhole Builder-mudman $41.59 7A 2Y

King Laborers Material Yard Person $40.83 7A 2Y

King Laborers Motorman-dinky Locomotive $41.59 7A 2Y

King Laborers Nozzleman (concrete Pump, Green Cutter When Using Combination Of High Pressure Air & Water On Concrete & Rock, Sandblast, Gunite, Shotcrete, Water Bla

$41.59 7A 2Y

King Laborers Pavement Breaker $41.59 7A 2Y

King Laborers Pilot Car $34.61 7A 2Y

King Laborers Pipe Layer Lead $42.11 7A 2Y

King Laborers Pipe Layer/tailor $41.59 7A 2Y

King Laborers Pipe Pot Tender $41.59 7A 2Y

King Laborers Pipe Reliner $41.59 7A 2Y

King Laborers Pipe Wrapper $41.59 7A 2Y

King Laborers Pot Tender $40.83 7A 2Y

King Laborers Powderman $42.11 7A 2Y

King Laborers Powderman's Helper $40.83 7A 2Y

King Laborers Power Jacks $41.59 7A 2Y

King Laborers Railroad Spike Puller - Power $41.59 7A 2Y

King Laborers Raker - Asphalt $42.11 7A 2Y

King Laborers Re-timberman $42.11 7A 2Y

King Laborers Remote Equipment Operator $41.59 7A 2Y

King Laborers Rigger/signal Person $41.59 7A 2Y

King Laborers Rip Rap Person $40.83 7A 2Y

King Laborers Rivet Buster $41.59 7A 2Y

King Laborers Rodder $41.59 7A 2Y

King Laborers Scaffold Erector $40.83 7A 2Y

King Laborers Scale Person $40.83 7A 2Y

King Laborers Sloper (over 20") $41.59 7A 2Y

King Laborers Sloper Sprayer $40.83 7A 2Y

King Laborers Spreader (concrete) $41.59 7A 2Y

King Laborers Stake Hopper $40.83 7A 2Y

King Laborers Stock Piler $40.83 7A 2Y

King Laborers Tamper & Similar Electric, Air & Gas Operated Tools

$41.59 7A 2Y

King Laborers Tamper (multiple & Self-propelled)

$41.59 7A 2Y

King Laborers Timber Person - Sewer (lagger, Shorer & Cribber)

$41.59 7A 2Y

King Laborers Toolroom Person (at Jobsite) $40.83 7A 2Y

King Laborers Topper $40.83 7A 2Y

King Laborers Track Laborer $40.83 7A 2Y

King Laborers Track Liner (power) $41.59 7A 2Y

King Laborers Traffic Control Laborer $37.01 7A 2Y 8R

Page 5 of 18


King Laborers Traffic Control Supervisor $37.01 7A 2Y 8R

King Laborers Truck Spotter $40.83 7A 2Y

King Laborers Tugger Operator $41.59 7A 2Y

King Laborers Tunnel Work-Compressed Air Worker 0-30 psi

$55.89 7A 2Y 8Q

King Laborers Tunnel Work-Compressed Air Worker 30.01-44.00 psi

$60.92 7A 2Y 8Q


$64.60 7A 2Y 8Q


$70.30 7A 2Y 8Q


$72.42 7A 2Y 8Q


$77.52 7A 2Y 8Q


$79.42 7A 2Y 8Q


$81.42 7A 1H 8Q


$83.42 7A 1H 8Q

King Laborers Tunnel Work-Guage and Lock Tender

$42.21 7A 2Y 8Q

King Laborers Tunnel Work-Miner $42.21 7A 2Y 8Q

King Laborers Vibrator $41.59 7A 2Y

King Laborers Vinyl Seamer $40.83 7A 2Y

King Laborers Watchman $31.46 7A 2Y

King Laborers Welder $41.59 7A 2Y

King Laborers Well Point Laborer $41.59 7A 2Y

King Laborers Window Washer/cleaner $31.46 7A 2Y

King Laborers - Underground Sewer & Water

General Laborer & Topman $40.83 7A 2Y

King Laborers - Underground Sewer & Water

Pipe Layer $41.59 7A 2Y

King Landscape Construction Irrigation Or Lawn Sprinkler Installers

$13.56 1

King Landscape Construction Landscape Equipment Operators Or Truck Drivers

$28.17 1

King Landscape Construction Landscaping or Planting Laborers

$17.87 1

King Lathers Journey Level $49.74 5D 1H

King Marble Setters Journey Level $49.07 5A 1M

King Metal Fabrication (In Shop) Fitter $15.86 1

King Metal Fabrication (In Shop) Laborer $9.78 1

King Metal Fabrication (In Shop) Machine Operator $13.04 1

King Metal Fabrication (In Shop) Painter $11.10 1

King Metal Fabrication (In Shop) Welder $15.48 1

King Millwright Journey Level $50.67 5D 1M

Page 6 of 18


King Modular Buildings Cabinet Assembly $11.56 1

King Modular Buildings Electrician $11.56 1

King Modular Buildings Equipment Maintenance $11.56 1

King Modular Buildings Plumber $11.56 1

King Modular Buildings Production Worker $9.40 1

King Modular Buildings Tool Maintenance $11.56 1

King Modular Buildings Utility Person $11.56 1

King Modular Buildings Welder $11.56 1

King Painters Journey Level $37.51 6Z 2B

King Pile Driver Journey Level $49.82 5D 1M

King Plasterers Journey Level $48.23 7Q 1R

King Playground & Park Equipment Installers


King Plumbers & Pipefitters Journey Level $70.84 6Z 1G

King Power Equipment Operators Asphalt Plant Operators $51.89 7A 3C 8P

King Power Equipment Operators Assistant Engineer $48.62 7A 3C 8P

King Power Equipment Operators Barrier Machine (zipper) $51.40 7A 3C 8P

King Power Equipment Operators Batch Plant Operator, Concrete

$51.40 7A 3C 8P

King Power Equipment Operators Bobcat $48.62 7A 3C 8P

King Power Equipment Operators Brokk - Remote Demolition Equipment

$48.62 7A 3C 8P

King Power Equipment Operators Brooms $48.62 7A 3C 8P

King Power Equipment Operators Bump Cutter $51.40 7A 3C 8P

King Power Equipment Operators Cableways $51.89 7A 3C 8P

King Power Equipment Operators Chipper $51.40 7A 3C 8P

King Power Equipment Operators Compressor $48.62 7A 3C 8P

King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Over 42 M

$51.89 7A 3C 8P

King Power Equipment Operators Concrete Finish Machine -laser Screed

$48.62 7A 3C 8P

King Power Equipment Operators Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure.

$50.98 7A 3C 8P

King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Up To 42m

$51.40 7A 3C 8P

King Power Equipment Operators Conveyors $50.98 7A 3C 8P

King Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments

$51.40 7A 3C 8P

King Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments Overhead, Bridge Type Crane: 20 Tons Through 44 Tons

$51.40 7A 3C 8P

King Power Equipment Operators Cranes: 100 Tons Through 199 Tons, Or 150' Of Boom (including Jib With

$52.44 7A 3C 8P

Page 7 of 18


King Power Equipment Operators Cranes: 100 Tons Through 199 Tons, or 150' of boom (including jib with attachments); Overhead, bridge type, 100 tons and over; Tower crane up to 175' in height, base to boom.

$52.44 7A 3C 8P

King Power Equipment Operators Cranes: 200 Tons To 300 Tons, Or 250' Of Boom (including Jib With Attachments)

$53.01 7A 3C 8P

King Power Equipment Operators Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments)

$51.89 7A 3C 8P

King Power Equipment Operators Cranes: A-frame - 10 Tons And Under

$48.62 7A 3C 8P

King Power Equipment Operators Cranes: Friction 100 Tons Through 199 Tons

$53.01 7A 3C 8P

King Power Equipment Operators Cranes: Friction Over 200 Tons $53.57 7A 3C 8P

King Power Equipment Operators Cranes: Over 300 Tons Or 300' Of Boom (including Jib With Attachments)

$53.57 7A 3C 8P

King Power Equipment Operators Cranes: Through 19 Tons With Attachments A-frame Over 10 Tons

$50.98 7A 3C 8P

King Power Equipment Operators Crusher $51.40 7A 3C 8P

King Power Equipment Operators Deck Engineer/deck Winches (power)

$51.40 7A 3C 8P

King Power Equipment Operators Derricks, On Building Work $51.89 7A 3C 8P

King Power Equipment Operators Dozer Quad 9, HD 41, D10 and Over

$51.89 7A 3C 8P

King Power Equipment Operators Dozers D-9 & Under $50.98 7A 3C 8P

King Power Equipment Operators Drill Oilers: Auger Type, Truck Or Crane Mount

$50.98 7A 3C 8P

King Power Equipment Operators Drilling Machine $51.40 7A 3C 8P

King Power Equipment Operators Elevator And Man-lift: Permanent And Shaft Type

$48.62 7A 3C 8P

King Power Equipment Operators Finishing Machine, Bidwell And Gamaco & Similar Equipment

$51.40 7A 3C 8P

King Power Equipment Operators Forklift: 3000 Lbs And Over With Attachments

$50.98 7A 3C 8P

King Power Equipment Operators Forklifts: Under 3000 Lbs. With Attachments

$48.62 7A 3C 8P

King Power Equipment Operators Grade Engineer: Using Blue Prints, Cut Sheets, Etc

$51.40 7A 3C 8P

King Power Equipment Operators Gradechecker/stakeman $48.62 7A 3C 8P

King Power Equipment Operators Guardrail Punch $51.40 7A 3C 8P

King Power Equipment Operators Guardrail Punch/Auger $51.40 7A 3C 8P

King Power Equipment Operators Hard Tail End Dump Articulating Off- Road

$51.89 7A 3C 8P

Page 8 of 18


Equipment 45 Yards. & Over

King Power Equipment Operators Hard Tail End Dump Articulating Off-road Equipment Under 45 Yards

$51.40 7A 3C 8P

King Power Equipment Operators Horizontal/directional Drill Locator

$50.98 7A 3C 8P

King Power Equipment Operators Horizontal/directional Drill Operator

$51.40 7A 3C 8P

King Power Equipment Operators Hydralifts/boom Trucks Over 10 Tons

$50.98 7A 3C 8P

King Power Equipment Operators Hydralifts/boom Trucks, 10 Tons And Under

$48.62 7A 3C 8P

King Power Equipment Operators Loader, Overhead 8 Yards. & Over

$52.44 7A 3C 8P

King Power Equipment Operators Loader, Overhead, 6 Yards. But Not Including 8 Yards

$51.89 7A 3C 8P

King Power Equipment Operators Loaders, Overhead Under 6 Yards

$51.40 7A 3C 8P

King Power Equipment Operators Loaders, Plant Feed $51.40 7A 3C 8P

King Power Equipment Operators Loaders: Elevating Type Belt $50.98 7A 3C 8P

King Power Equipment Operators Locomotives, All $51.40 7A 3C 8P

King Power Equipment Operators Material Transfer Device $51.40 7A 3C 8P

King Power Equipment Operators Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic)

$52.44 7A 3C 8P

King Power Equipment Operators Mixers: Asphalt Plant $51.40 7A 3C 8P

King Power Equipment Operators Motor Patrol Grader - Non-finishing

$50.98 7A 3C 8P

King Power Equipment Operators Motor Patrol Graders, Finishing $51.89 7A 3C 8P

King Power Equipment Operators Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And/or Shield

$51.89 7A 3C 8P

King Power Equipment Operators Oil Distributors, Blower Distribution & Mulch Seeding Operator

$48.62 7A 3C 8P

King Power Equipment Operators Outside Hoists (elevators And Manlifts), Air Tuggers,strato

$50.98 7A 3C 8P

King Power Equipment Operators Overhead, Bridge Type Crane: 20 Tons Through 44 Tons

$51.40 7A 3C 8P

King Power Equipment Operators Overhead, Bridge Type: 100 Tons And Over

$52.44 7A 3C 8P

King Power Equipment Operators Overhead, Bridge Type: 45 Tons Through 99 Tons

$51.89 7A 3C 8P

King Power Equipment Operators Pavement Breaker $48.62 7A 3C 8P

King Power Equipment Operators Pile Driver (other Than Crane Mount)

$51.40 7A 3C 8P

King Power Equipment Operators Plant Oiler - Asphalt, Crusher $50.98 7A 3C 8P

King Power Equipment Operators Posthole Digger, Mechanical $48.62 7A 3C 8P

King Power Equipment Operators Power Plant $48.62 7A 3C 8P

King Power Equipment Operators Pumps - Water $48.62 7A 3C 8P

Page 9 of 18


King Power Equipment Operators Quad 9, Hd 41, D10 And Over $51.89 7A 3C 8P

King Power Equipment Operators Quick Tower - No Cab, Under 100 Feet In Height Based To Boom

$48.62 7A 3C 8P

King Power Equipment Operators Remote Control Operator On Rubber Tired Earth Moving Equipment

$51.89 7A 3C 8P

King Power Equipment Operators Rigger And Bellman $48.62 7A 3C 8P

King Power Equipment Operators Rollagon $51.89 7A 3C 8P

King Power Equipment Operators Roller, Other Than Plant Mix $48.62 7A 3C 8P

King Power Equipment Operators Roller, Plant Mix Or Multi-lift Materials

$50.98 7A 3C 8P

King Power Equipment Operators Roto-mill, Roto-grinder $51.40 7A 3C 8P

King Power Equipment Operators Saws - Concrete $50.98 7A 3C 8P

King Power Equipment Operators Scraper, Self Propelled Under 45 Yards

$51.40 7A 3C 8P

King Power Equipment Operators Scrapers - Concrete & Carry All $50.98 7A 3C 8P

King Power Equipment Operators Scrapers, Self-propelled: 45 Yards And Over

$51.89 7A 3C 8P

King Power Equipment Operators Service Engineers - Equipment $50.98 7A 3C 8P

King Power Equipment Operators Shotcrete/gunite Equipment $48.62 7A 3C 8P

King Power Equipment Operators Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons.

$50.98 7A 3C 8P

King Power Equipment Operators Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons

$51.89 7A 3C 8P

King Power Equipment Operators Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons

$51.40 7A 3C 8P

King Power Equipment Operators Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons

$52.44 7A 3C 8P

King Power Equipment Operators Shovel, Excavator, Backhoes: Over 90 Metric Tons

$53.01 7A 3C 8P

King Power Equipment Operators Slipform Pavers $51.89 7A 3C 8P

King Power Equipment Operators Spreader, Topsider & Screedman

$51.89 7A 3C 8P

King Power Equipment Operators Subgrader Trimmer $51.40 7A 3C 8P

King Power Equipment Operators Tower Bucket Elevators $50.98 7A 3C 8P

King Power Equipment Operators Tower Crane Over 175'in Height, Base To Boom

$53.01 7A 3C 8P

King Power Equipment Operators Tower Crane Up To 175' In Height Base To Boom

$52.44 7A 3C 8P

King Power Equipment Operators Transporters, All Track Or Truck Type

$51.89 7A 3C 8P

King Power Equipment Operators Trenching Machines $50.98 7A 3C 8P

King Power Equipment Operators Truck Crane Oiler/driver - 100 Tons And Over

$51.40 7A 3C 8P

King Power Equipment Operators Truck Crane Oiler/driver Under 100 Tons

$50.98 7A 3C 8P

Page 10 of 18


King Power Equipment Operators Truck Mount Portable Conveyor $51.40 7A 3C 8P

King Power Equipment Operators Welder $51.89 7A 3C 8P

King Power Equipment Operators Wheel Tractors, Farmall Type $48.62 7A 3C 8P

King Power Equipment Operators Yo Yo Pay Dozer $51.40 7A 3C 8P

King Power Equipment Operators- Underground Sewer & Water

Asphalt Plant Operators $51.89 7A 3C 8P


Assistant Engineer $48.62 7A 3C 8P


Barrier Machine (zipper) $51.40 7A 3C 8P


Batch Plant Operator, Concrete

$51.40 7A 3C 8P


Bobcat $48.62 7A 3C 8P


Brokk - Remote Demolition Equipment

$48.62 7A 3C 8P


Brooms $48.62 7A 3C 8P


Bump Cutter $51.40 7A 3C 8P


Cableways $51.89 7A 3C 8P


Chipper $51.40 7A 3C 8P


Compressor $48.62 7A 3C 8P


Concrete Pump: Truck Mount With Boom Attachment Over 42 M

$51.89 7A 3C 8P


Concrete Finish Machine -laser Screed

$48.62 7A 3C 8P


Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure.

$50.98 7A 3C 8P


Concrete Pump: Truck Mount With Boom Attachment Up To 42m

$51.40 7A 3C 8P


Conveyors $50.98 7A 3C 8P


Cranes: 20 Tons Through 44 Tons With Attachments

$51.40 7A 3C 8P


Cranes: 20 Tons Through 44 Tons With Attachments Overhead, Bridge Type Crane: 20 Tons Through 44 Tons

$51.40 7A 3C 8P


Cranes: 100 Tons Through 199 Tons, Or 150' Of Boom (including Jib With

$52.44 7A 3C 8P


Cranes: 200 Tons To 300 Tons, Or 250' Of Boom (including Jib

$53.01 7A 3C 8P

Page 11 of 18


With Attachments)


Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments)

$51.89 7A 3C 8P


Cranes: A-frame - 10 Tons And Under

$48.62 7A 3C 8P


Cranes: Friction 100 Tons Through 199 Tons

$53.01 7A 3C 8P


Cranes: Friction Over 200 Tons $53.57 7A 3C 8P


Cranes: Over 300 Tons Or 300' Of Boom (including Jib With Attachments)

$53.57 7A 3C 8P


Cranes: Through 19 Tons With Attachments A-frame Over 10 Tons

$50.98 7A 3C 8P


Crusher $51.40 7A 3C 8P


Deck Engineer/deck Winches (power)

$51.40 7A 3C 8P


Derricks, On Building Work $51.89 7A 3C 8P


Dozer Quad 9, HD 41, D10 and Over

$51.89 7A 3C 8P


Dozers D-9 & Under $50.98 7A 3C 8P


Drill Oilers: Auger Type, Truck Or Crane Mount

$50.98 7A 3C 8P


Drilling Machine $51.40 7A 3C 8P


Elevator And Man-lift: Permanent And Shaft Type

$48.62 7A 3C 8P


Finishing Machine, Bidwell And Gamaco & Similar Equipment

$51.40 7A 3C 8P


Forklift: 3000 Lbs And Over With Attachments

$50.98 7A 3C 8P


Forklifts: Under 3000 Lbs. With Attachments

$48.62 7A 3C 8P


Grade Engineer: Using Blue Prints, Cut Sheets, Etc

$51.40 7A 3C 8P


Gradechecker/stakeman $48.62 7A 3C 8P


Guardrail Punch $51.40 7A 3C 8P


Guardrail Punch/Auger $51.40 7A 3C 8P


Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. & Over

$51.89 7A 3C 8P

Page 12 of 18



Hard Tail End Dump Articulating Off-road Equipment Under 45 Yards

$51.40 7A 3C 8P


Horizontal/directional Drill Locator

$50.98 7A 3C 8P


Horizontal/directional Drill Operator

$51.40 7A 3C 8P


Hydralifts/boom Trucks Over 10 Tons

$50.98 7A 3C 8P


Hydralifts/boom Trucks, 10 Tons And Under

$48.62 7A 3C 8P


Loader, Overhead 8 Yards. & Over

$52.44 7A 3C 8P


Loader, Overhead, 6 Yards. But Not Including 8 Yards

$51.89 7A 3C 8P


Loaders, Overhead Under 6 Yards

$51.40 7A 3C 8P


Loaders, Plant Feed $51.40 7A 3C 8P


Loaders: Elevating Type Belt $50.98 7A 3C 8P


Locomotives, All $51.40 7A 3C 8P


Material Transfer Device $51.40 7A 3C 8P


Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic)

$52.44 7A 3C 8P


Mixers: Asphalt Plant $51.40 7A 3C 8P


Motor Patrol Grader - Non-finishing

$50.98 7A 3C 8P


Motor Patrol Graders, Finishing $51.89 7A 3C 8P


Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And/or Shield

$51.89 7A 3C 8P


Oil Distributors, Blower Distribution & Mulch Seeding Operator

$48.62 7A 3C 8P


Outside Hoists (elevators And Manlifts), Air Tuggers,strato

$50.98 7A 3C 8P


Overhead, Bridge Type Crane: 20 Tons Through 44 Tons

$51.40 7A 3C 8P


Overhead, Bridge Type: 100 Tons And Over

$52.44 7A 3C 8P


Overhead, Bridge Type: 45 Tons Through 99 Tons

$51.89 7A 3C 8P


Pavement Breaker $48.62 7A 3C 8P

King Power Equipment Operators- Pile Driver (other Than Crane $51.40 7A 3C 8P

Page 13 of 18


Underground Sewer & Water Mount)


Plant Oiler - Asphalt, Crusher $50.98 7A 3C 8P


Posthole Digger, Mechanical $48.62 7A 3C 8P


Power Plant $48.62 7A 3C 8P


Pumps - Water $48.62 7A 3C 8P


Quad 9, Hd 41, D10 And Over $51.89 7A 3C 8P


Quick Tower - No Cab, Under 100 Feet In Height Based To Boom

$48.62 7A 3C 8P


Remote Control Operator On Rubber Tired Earth Moving Equipment

$51.89 7A 3C 8P


Rigger And Bellman $48.62 7A 3C 8P


Rollagon $51.89 7A 3C 8P


Roller, Other Than Plant Mix $48.62 7A 3C 8P


Roller, Plant Mix Or Multi-lift Materials

$50.98 7A 3C 8P


Roto-mill, Roto-grinder $51.40 7A 3C 8P


Saws - Concrete $50.98 7A 3C 8P


Scraper, Self Propelled Under 45 Yards

$51.40 7A 3C 8P


Scrapers - Concrete & Carry All $50.98 7A 3C 8P


Scrapers, Self-propelled: 45 Yards And Over

$51.89 7A 3C 8P


Service Engineers - Equipment $50.98 7A 3C 8P


Shotcrete/gunite Equipment $48.62 7A 3C 8P


Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons.

$50.98 7A 3C 8P


Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons

$51.89 7A 3C 8P


Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons

$51.40 7A 3C 8P


Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons

$52.44 7A 3C 8P

King Power Equipment Operators- Shovel, Excavator, Backhoes: $53.01 7A 3C 8P

Page 14 of 18


Underground Sewer & Water Over 90 Metric Tons


Slipform Pavers $51.89 7A 3C 8P


Spreader, Topsider & Screedman

$51.89 7A 3C 8P


Subgrader Trimmer $51.40 7A 3C 8P


Tower Bucket Elevators $50.98 7A 3C 8P


Tower Crane Over 175'in Height, Base To Boom

$53.01 7A 3C 8P


Tower Crane Up To 175' In Height Base To Boom

$52.44 7A 3C 8P


Transporters, All Track Or Truck Type

$51.89 7A 3C 8P


Trenching Machines $50.98 7A 3C 8P


Truck Crane Oiler/driver - 100 Tons And Over

$51.40 7A 3C 8P


Truck Crane Oiler/driver Under 100 Tons

$50.98 7A 3C 8P


Truck Mount Portable Conveyor $51.40 7A 3C 8P


Welder $51.89 7A 3C 8P


Wheel Tractors, Farmall Type $48.62 7A 3C 8P


Yo Yo Pay Dozer $51.40 7A 3C 8P

King Power Line Clearance Tree Trimmers

Journey Level In Charge $42.91 5A 4A


Spray Person $40.73 5A 4A


Tree Equipment Operator $41.29 5A 4A


Tree Trimmer $38.38 5A 4A


Tree Trimmer Groundperson $28.95 5A 4A

King Refrigeration & Air Conditioning Mechanics

Journey Level $69.96 6Z 1G

King Residential Brick Mason Journey Level $49.07 5A 1M

King Residential Carpenters Journey Level $28.20 1

King Residential Cement Masons Journey Level $22.64 1

King Residential Drywall Applicators Journey Level $38.08 5D 1M

King Residential Drywall Tapers Journey Level $49.79 5P 1E

King Residential Electricians JOURNEY LEVEL $30.44 1

King Residential Glaziers Journey Level $34.60 7L 1H

King Residential Insulation Journey Level $26.28 1

Page 15 of 18


Applicators

King Residential Laborers Journey Level $23.03 1

King Residential Marble Setters Journey Level $24.09 1

King Residential Painters Journey Level $24.46 1

King Residential Plumbers & Pipefitters


King Residential Refrigeration & Air Conditioning Mechanics

Journey Level $69.96 6Z 1G

King Residential Sheet Metal Workers

Journey Level (Field or Shop) $41.30 7F 1R

King Residential Soft Floor Layers Journey Level $41.78 5A 3D

King Residential Sprinkler Fitters (Fire Protection)

Journey Level $41.31 5C 2R

King Residential Stone Masons Journey Level $49.07 5A 1M

King Residential Terrazzo Workers Journey Level $45.43 5A 1M

King Residential Terrazzo/Tile Finishers


King Residential Tile Setters Journey Level $25.17 1

King Roofers Journey Level $43.65 5A 1R

King Roofers Using Irritable Bituminous Materials

$46.65 5A 1R

King Sheet Metal Workers Journey Level (Field or Shop) $68.52 7F 1E

King Shipbuilding & Ship Repair Boilermaker $35.83 7M 1H

King Shipbuilding & Ship Repair Carpenter $38.24 7O 3B

King Shipbuilding & Ship Repair Electrician $37.85 7O 3B

King Shipbuilding & Ship Repair Heat & Frost Insulator $56.93 5J 1S

King Shipbuilding & Ship Repair Laborer $36.81 7O 3B

King Shipbuilding & Ship Repair Machinist $37.81 7O 3B

King Shipbuilding & Ship Repair Operator $40.20 7O 3B

King Shipbuilding & Ship Repair Painter $37.81 7O 3B

King Shipbuilding & Ship Repair Pipefitter $37.79 7O 3B

King Shipbuilding & Ship Repair Rigger $37.78 7O 3B

King Shipbuilding & Ship Repair Sandblaster $36.81 7O 3B

King Shipbuilding & Ship Repair Sheet Metal $37.77 7O 3B

King Shipbuilding & Ship Repair Shipfitter $37.78 7O 3B

King Shipbuilding & Ship Repair Trucker $37.63 7O 3B

King Shipbuilding & Ship Repair Warehouse $37.68 7O 3B

King Shipbuilding & Ship Repair Welder/Burner $37.78 7O 3B

King Sign Makers & Installers (Electrical)

Sign Installer $22.92 1

King Sign Makers & Installers (Electrical)

Sign Maker $21.36 1

King Sign Makers & Installers (Non-Electrical)

Sign Installer $27.28 1

King Sign Makers & Installers (Non-Electrical)

Sign Maker $33.25 1

Page 16 of 18


King Soft Floor Layers Journey Level $41.78 5A 3D

King Solar Controls For Windows Journey Level $12.44 1

King Sprinkler Fitters (Fire Protection)

Journey Level $69.44 5C 1X

King Stage Rigging Mechanics (Non Structural)


King Stone Masons Journey Level $49.07 5A 1M

King Street And Parking Lot Sweeper Workers


King Surveyors Assistant Construction Site Surveyor

$50.98 7A 3C 8P

King Surveyors Chainman $50.46 7A 3C 8P

King Surveyors Construction Site Surveyor $51.89 7A 3C 8P

King Telecommunication Technicians


King Telephone Line Construction - Outside

Cable Splicer $35.09 5A 2B


Hole Digger/Ground Person $19.22 5A 2B


Installer (Repairer) $33.63 5A 2B


Special Aparatus Installer I $35.09 5A 2B


Special Apparatus Installer II $34.37 5A 2B


Telephone Equipment Operator (Heavy)

$35.09 5A 2B


Telephone Equipment Operator (Light)

$32.62 5A 2B


Telephone Lineperson $32.62 5A 2B


Television Groundperson $18.65 5A 2B


Television Lineperson/Installer $24.66 5A 2B


Television System Technician $29.42 5A 2B


Television Technician $26.43 5A 2B


Tree Trimmer $32.95 5A 2B

King Terrazzo Workers Journey Level $45.43 5A 1M

King Tile Setters Journey Level $21.65 1

King Tile, Marble & Terrazzo Finishers

Finisher $37.76 5A 1B

King Traffic Control Stripers Journey Level $41.27 7A 1K

King Truck Drivers Asphalt Mix Over 16 Yards (W. WA-Joint Council 28)

$47.91 5D 3A 8L

King Truck Drivers Asphalt Mix To 16 Yards (W. $47.07 5D 3A 8L

Page 17 of 18


WA-Joint Council 28)

King Truck Drivers Dump Truck & Trailer $47.91 5D 3A 8L

King Truck Drivers Dump Truck (W. WA-Joint Council 28)

$47.07 5D 3A 8L

King Truck Drivers Other Trucks (W. WA-Joint Council 28)

$47.91 5D 3A 8L

King Truck Drivers Transit Mixer $23.45 1

King Well Drillers & Irrigation Pump Installers

Irrigation Pump Installer $17.71 1


Oiler $12.97 1


Well Driller $18.00 1

Page 18 of 18


Benefit Code Key - Effective 08-31-2012 thru 03-02-2013************************************************************************************************************

Overtime Codes

Overtime calculations are based on the hourly rate actually paid to the worker. On public works projects, the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker.

1. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE.

B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.

C. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturdayshall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.

D. The first two (2) hours before or after a five - eight (8) hour workweek day or a four - ten (10) hour workweek day and the first eight (8) hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage.

E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturdayshall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.

F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturdayshall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day,shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage.

G. The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four - ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.

H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.

I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage.

J. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturdayshall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Mondaythrough Saturday, Sundays and holidays shall be paid at double the hourly rate of wage.

K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage.

M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.

N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.

1. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays, holidays and after twelve (12) hours, Monday through Friday and after ten (10) hours on Saturday shall be paid at double the hourly rate of wage.

Benefit Code Key – Effective 08-31-2012 thru 03-03-2013

~ 2 ~

P. All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage.

Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage.

R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage.

S. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturdayshall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Dayshall be paid at three times the hourly rate of wage.

T. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Mondayand holidays shall be paid at double the straight time rate of pay. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more.

U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage.

V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage.

W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage.

X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage.

Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee) and all hours worked in excess of eight (8) hours per day (10 hours per day for a 4 x 10 workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek) or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage.

1. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay.


B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage.


~ 3 ~

2. C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked onholidays shall be paid at two times the hourly rate of wage.

F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight (8) hours on holidays shall be paid at double the hourly rate of wage.

G. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay.

H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage.

K. All hours worked on holidays shall be paid at two times the hourly rate of wage in addition to the holiday pay.

O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage.

R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double the hourly rate of wage.

U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage.

W. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturdayshall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The first eight (8) hours worked on the fifth day shall be paid at one and one-half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on holidays shall be paid at double the hourly rate of wage.

Y. All hours worked on Saturdays (except for make-up days) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.


A. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Mondayand holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar ($1.00) per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more.

B. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.

C. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more.


~ 4 ~

3. D. All hours worked between 6:00 pm Monday through 6:00 am Saturday, shall be paid at an overtime rate of 15% over the hourly rate of wage. All other hours worked after 6:00 am on Saturdays, shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.

E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week, once 40 hours of straight time work is achieved, then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate.


A. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage.

B. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage.

Holiday Codes

5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day (7).

B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday afterThanksgiving Day, the day before Christmas, and Christmas Day (8).

C. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, theFriday after Thanksgiving Day, And Christmas Day (8).

D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday andSaturday after Thanksgiving Day, And Christmas Day (8).

H. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, And Christmas (6).

I. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6).

J. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (7).

K. Holidays: New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9).

L. Holidays: New Year’s Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (8).

N. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (9).

P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday.

R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, One-Half Day Before Christmas Day, And Christmas Day. (7 1/2).


~ 5 ~

5. S. Paid Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7).

T. Paid Holidays: New Year's Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9).

Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, theFriday after Thanksgiving Day, And Christmas Day (8).

Holiday Codes Continued

6. A. Paid Holidays: New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8).

E. Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Day, And A Half-Day On Christmas Eve Day. (9 1/2).

G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And Christmas Eve Day (11).

H. Paid Holidays: New Year's Day, New Year’s Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (10).

I. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (7).

Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, The Day After Thanksgiving Day And Christmas Day (8). Unpaid Holiday: Presidents' Day.

T. Paid Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day (9).

Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday afterThanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday.

Holiday Codes Continued

7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday And Saturday After Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day.

B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday andSaturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.


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7. D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President’s Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday afterThanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

F. Holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.

H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

I. Holidays: New Year's Day, President’s Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday afterThanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

M. Paid Holidays: New Year's Day, The Day after or before New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, And the Day after or before Christmas Day. 10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday afterThanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday.

O. Paid Holidays: New Year's Day, The Day After Or Before New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, The Day After Or Before Christmas Day, And The Employees Birthday. 11). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday.

P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday afterThanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.


~ 7 ~

7. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday afterThanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day.

R. Paid Holidays: New Year's Day, the day after or before New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day after or before Christmas Day (10). If any of the listed holidays fall on Saturday, the preceding Friday shall be observed as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly.

Note Codes

8. A. In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more:Over 50’ To 100' - $2.00 per Foot for Each Foot Over 50 FeetOver 100' To 150' - $3.00 per Foot for Each Foot Over 100 FeetOver 150' To 220' - $4.00 per Foot for Each Foot Over 150 FeetOver 220' - $5.00 per Foot for Each Foot Over 220 Feet

C. In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more:

Over 50’ To 100' - $1.00 per Foot for Each Foot Over 50 FeetOver 100' To 150' - $1.50 per Foot for Each Foot Over 100 FeetOver 150' To 200' - $2.00 per Foot for Each Foot Over 150 FeetOver 200' - Divers May Name Their Own Price

D. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour.

L. Workers on hazmat projects receive additional hourly premiums as follows - Level A: $0.75, Level B: $0.50, And Level C: $0.25.

M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D: $0.50.

N. Workers on hazmat projects receive additional hourly premiums as follows - Level A: $1.00, Level B: $0.75, Level C: $0.50, And Level D: $0.25

P. Workers on hazmat projects receive additional hourly premiums as follows - Class A Suit: $2.00, Class B Suit: $1.50, Class C Suit: $1.00, And Class D Suit $0.50.

Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid.

R. Effective August 31, 2012 – A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. These classifications are only effective on or after August 31, 2012.

S. Effective August 31, 2012 – A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012.


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8. T. Effective August 31, 2012 – A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012.

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00830 - Equal Employment, Affirmative Action Requirements and Equal Benefits

MC-0317218 / WP# 102365 00830-1 Rev. 03/05/12

1.01 COMPLIANCE WITH RESOLUTION 3166 - EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION REQUIREMENTS:

A. Each Bidder shall sign and include with its Bid a copy of the “Affidavit and Certificate of Compliance” or an Affirmative Action Plan to which the bidder pledges to adhere and which must be found by the Port’s Compliance Officer to substantially fulfill the requirements of the Port’s Affirmative Action Resolution No. 3166.”

B. Prior to award of the Contract, the Contractor shall submit a “Personnel Inventory Report” in accordance with paragraph E of the Affidavit and Certificate of Compliance.

C. A Bidder will be deemed non-responsive if it fails to submit the affidavit or plan required above.

D. The successful Bidder must submit the following documents within ten (10) days after receipt of the Notice of Intent to Award:

1. Personnel Inventory Report as set forth in paragraph E of the Affidavit and Certificate of Compliance with Port Affirmative Action Resolution No. 3166, a copy of which is appended to this Document.

2. Goals and Timetables, a copy of which is appended to this Document, as set forth in Paragraph E of Addendum 1 to Resolution No. 3166.

3. Port of Seattle Union Referral Statement, a copy of which is appended to this Document, as set forth in Paragraph E of Addendum 1 to Resolution No. 3166.

1.02 EQUAL EMPLOYMENT OPPORTUNITY (EEO) REPORTING REQUIREMENTS BID SUBMITTAL:

A. In addition to the “Affidavit and Certificate of Compliance” referenced above in paragraph 1.02, each Bidder shall sign and include with its Bid a copy of the “SUBCONTRACTORS BIDDING REPORT.”

B. This information is collected to develop a statistic on EEO program effectiveness. The intent is to collect data for future disparity studies and to better understand the composition of the work force ready, willing and able to perform for purposes of our Federal DBE requirements (49 CFR 26.45 2 (c) 2).

C. Bidders should list all prospective subcontractors who were contacted and asked to provide a subcontract bid for this project.

1.03 EQUAL EMPLOYMENT OPPORTUNITY (EEO) REPORTING REQUIREMENTS:

A. Copies of required forms for EEO submittals will be provided by the Port’s Contract Compliance office. Additional forms or reports may be required throughout the course of the Contract. Samples are appended to this Document.

B. Failure of the Contractor to supply sufficient and timely reports as required or determined by the Port’s Contract Compliance Officer shall be grounds for the withholding of the amount of money estimated to produce the required reports from the Contract progress payments.

C. The prime contractor shall submit to the Port, for each of its subcontractors, the forms numerated in Paragraph 1.01-D of this Section having a contract value of $5,000 or more.


MC-0317218 / WP# 102365 00830-2 Rev. 03/05/12

D. The prime contractor shall submit to the Port, for each of its subcontractors at any level, the “Affidavit and Certificate of Compliance with Port of Seattle Affirmative Action Resolution No. 3166” signed by the subcontractor.

E. The prime contractor shall submit to the Port, for each of its subcontractors at any level, the end date “date work completed”. The information shall be submitted monthly on the EPI (Electronic Payroll Information) form.

F. The prime contractor shall submit to the Port, Employee and Work Hour Records in an electronic format (Electronic Payroll Information (EPI), for itself and every subcontractor required to submit payroll information, for each week from the time work starts on the project until completion. Employee Record and Work Hour record electronic files (EPI) shall be in weekly increments but submitted monthly to the CPO Systems Administrator. The electronic records shall be submitted in one of the following ways:

1. A comma-delimited flat file should be uploaded to the Port at https://www2.portseattle.org/cds. Web based submitters should contact the CPO Systems Administrator for training and access at [email protected]. Alternative arrangements may be made with the approval of the Manager, Contract Services if unable to comply with the web based submittal process. Alternative methods include submitting a comma-delimited flat file on a 3-1/2 inch floppy diskette or CD-ROM sent to the Port of Seattle (see EPI Contractor Submittal Instructions and the Import File Specifications and Work Codes to be used for this option).

2. An EPI spreadsheet uploaded to the Port at https://www2.portseattle.org/cds. Contact the CPO Systems Administrator for training and access at [email protected]. Specifically the Contractor shall be responsible for downloading the spreadsheet file from the Internet, filling out the spreadsheet file(s) for each required contractor and subcontractor, transferring the filled out form file(s) to be uploaded to the Port at https://www2.portseattle.org/cds. The web address for the spreadsheets and forms is https://hosting.portseattle.org/prms/. Alternative arrangements may be made with the approval of the Manager, Contract Services; if unable to comply with the web based submittal process. Alternative methods include submitting on a 3-1/2 inch floppy diskette or CD-ROM sent to the Port of Seattle.

3. Confidentiality issues (regarding employee Social Security Numbers, etc.) preclude the submission of the spreadsheet or flat file formats (options 1 and 2) via attachment to an electronic mail (email) message or utilizing the Port’s Construction Document Management System (CDMS).

G. In addition to the electronic payroll information, the Contractor, and each of his subcontractors, shall submit an “Affirmation” and/or “Certificate of No Work Performed”. The “Affirmation” shall be submitted monthly. No Work Performed may be reported weekly, submitted monthly on the EPI form. If not a “Certificate of No Work Performed” which shall be submitted monthly, shall be required for each week that no work is performed by the Contractor or its subcontractors.

1.04 REPORTING OF AMOUNTS PAID TO ALL SUBCONTRACTORS

A. The Contractor shall submit, with each application for progress payment, a completed form titled “Monthly Amounts Paid to All Subcontractor Participants”. A


MC-0317218 / WP# 102365 00830-3 Rev. 03/05/12

sample is appended to this Section. The Prime Contractor is to include all of its Subcontractors on this form. The purpose of this document is to support Addendum 1 to Resolution No. 3166, and the requirements outlined in Document 00700 General Conditions G-04.05 (prevailing wages) and G-08.04 (certification of payment).

B. The Contractor shall submit, upon request, copies of canceled checks paid to all such Subcontractors. If requested, check copies shall be submitted within ten (10) working days.

1.05 PAYROLL INFORMATION

A. The Port’s authority to request and collect certified payrolls is derived from WAC 296.127.320. Upon request by the Resident Engineer, the Contractor and each of its subcontractors shall be required to submit certified payrolls. Failure to meet this requirement would be a violation of RCW 39.12.050.Payroll Retention - Every contractor (including every subcontractor) must keep a complete set of its own payrolls and other basic records such as time cards, tax records, evidence of fringe benefit payments, in accordance with WAC 296.127.320, for at least 3 years from the date of acceptance of the public works project by the Port.

B. Payroll Inspection - In addition to submitting payroll information to the CPO Systems Administrator, every contractor (including subcontractors) must make its own copy of the payrolls and other basic records available for review or copying to any authorized representative of the Port of Seattle.

C. Electronic Payroll Information (EPI) - As detailed in paragraph 1.04 (F) above, EPI shall be submitted simultaneously with the monthly payment request, typically for the same time period payment is requested for. EPI submissions provide data to support key labor agreements, like the Project Labor Agreement (PLA) and Apprenticeship programs. Should the Contractor fall behind, fail to provide correct data and/or data format, or completely fail to comply; some of, but not limited to, possible remedies are: correcting the EPI submittals with Port staff and back charging the Contractor by deductive unilateral change order; or engaging a construction accounting firm to audit/review the delinquent contractor’s payroll records to extract the required information in the required format with a resulting deductive unilateral change order will be made to compensate the added expense to the Port.

1.06 COMPLIANCE WITH RESOLUTION 3549 - EQUAL BENEFITS

The successful low, responsive and responsible Bidder shall submit with its pre-award submittals, within two (2) working days after receipt of the Notice of Intent to Award, the documents listed below in sub paragraphs A and B, to demonstrate compliance with the Port’s Equal Benefits Resolution No. 3549, attached.

A. A completed Port of Seattle, Equal Benefits Worksheet, with Declaration and;

B. If necessary, a completed Port of Seattle, Equal Benefits Substantial Compliance Authorization Form.

End of Document

Office of Contractor Data Electronic Payroll Information (EPI) Report

If you have questions, please contact the Office of Contractor Data at [email protected] or (206) 787-7598. Page 1 of 2

1. General Instructions:

a. Port of Seattle Electronic Payroll Information (EPI) Report Submit payroll report monthly showing weekly pay period detail.

b. EPI Template Send in native Excel format. Do not alter template. Do not alter format. Do not scan.

c. Affirmation of Correctness (WA State form F700-065) with signature. Submit one Affirmation of Correctness per submittal. May be scanned.

d. No Work Performed (NWP) included on Work Hours Report (Sheet 2). e. Date Work Completed noted on Work Hours Report

2. Employee Report (Sheet 1) Instructions:

a) Enter all current employees on this sheet – this is your baseline report. Add employees as they are hired, former employees need not be deleted. Example: May 2005 One Employee, John Smith – baseline report

June 2005 Four Employees, including John Smith – list three new employees on the report, John Smith need not be included. July 2005 Three Employees, all previously reported – no employee report need be filed.

b) Column Information. Contract #: Enter the complete Port of Seattle contract number and letters. SSN: Enter the employee’s Social Security Number with dashes. Last Name: Enter the employee’s last name. First Name: Enter the employee’s first name. Mid Name: Enter the employee’s middle name or initial. Gender: Enter M or F. Race: Select from the pull-down menu. Trade: Select from the pull-down menu. Classification: Select from the pull-down menu. Local: Enter Local # SAC ID: For Apprentices Only – enter complete SAC ID#, with letters.

3. Work Hours Report (Sheet 2) Instructions:

a) One line of entry per Hourly Rate, Hours Type, Classification or Trade performed per employee during the pay period.

mailto:[email protected]

Office of Contractor Data Electronic Payroll Information (EPI) Report

If you have questions, please contact the Office of Contractor Data at [email protected] or (206) 787-7598. Page 2 of 2

Work Hours Report (Sheet 2) Instructions (cont’d):

b) Work Hours and No Work Performed can now be submitted on this one report. Examples: Work hours pay period end dates 01/08/2005, 01/15/2005. No work performed beginning 01/16/2005, ending 01/31/2005. OR Work hour pay period end dates 01/08/2005 and 01/22/2005 and No work performed 01/15/2005 and 01/31/2005

c) Column Information.

Contract Number: Enter the complete Port of Seattle contract number. Pay Period End Date: Enter last day of pay period. SSN: Enter the employee’s Social Security Number with dashes. Last Name: Enter the employee’s last name. First Name: Enter the employee’s first name. Hours: Enter hours work during pay period. Hourly Rate: Enter hourly BASE pay rate. Hours Type: Select from the pull-down menu. Hrly Benefit Rate: Enter hourly benefit rate. Classification: Select from the pull-down menu. Trade: Select from the pull-down menu.

mailto:[email protected]

Contractor Name:Date Submitted: 1st Week 2nd Week 3rd Week 4th Week 5th Week

Prepared By: NWP Start Date:Phone: NWP End Date:

Contractor Sub To:

Date Work Completed:

Contract NumberPay Period

Ending DateSSN Last Four

Digits Last Name First Name HoursHourly

BASE Rate Hours Type Hourly Benefit Rate Classification Trade SS Version

MC-0312345 1/1/2004 1234 John Doe 40.00 20.10 REG Journey-worker Asbestos 1.01H

**See Note Below

**NOTE: This date may be utilized by the ID/Access Office to determine Badge duration / expiration.

No Work Performed

Electronic data may be submitted only via CDS Web or disk. DO NOT E-MAIL

Please use formats illustrated in the shaded Sample Line below

Work Hours Report

Contractor Name:Date Submitted:

Prepared By:Phone:

Contractor Sub To:

Contract NumberSSN Last

Four Digits Last Name First Name Mid Name Gender RaceOn Job Start

Date Trade Classification Local SAC IDApprentice

Registration Date SS Version

MC-0312345 1234 Doe John Sample M White 12/31/2004 Carpenters Apprentice 47 A12345 01/01/041.01E

Please use formats illustrated in the shaded Sample Line below

Employee ReportElectronic data may be submitted only via CDS Web or disk. DO NOT E-MAIL

Required for apprentices

Port of Seattle Contractor Data System Import File Specifications Version 1.0 – Revised May 3, 2005 This document describes the format and specification for employee and work hour data files, which are acceptable for import into the CDS. The intent is to allow data submitters to export data directly from their electronic payroll systems and then, if necessary, manipulate it to fit the following requirements. The specifications described in the document are subject to revision. Employee Data - comma separated variable file with following fields in same order: Version, Contract Number, SSN, Last Name, First Name, Middle Name, Gender, Race, Start Date, Craft, Class, Local, SACID, Apprentice Start Date

Field Specifications - Employee Data Field Name Format Version 1.01E Contract Number MC-####### 20 Character limit SSN ###-##-#### (including hyphens) Last Name 30 Character limit First Name 30 Character limit Middle Name 30 Character limit Gender M or F for (Male or Female) Race Valid race code from race listing Start Date MM/DD/YYYY Craft Valid craft codes from craft listing. Class Valid class codes from class listing. Local 10 Character limit SACID A###### Apprentice Start Date

MM/DD/YYYY

Contractor Name 50 Character limit Work Hours Data – comma separated variable file with following fields in same order: Version, Contract Number, Period Ending Date, SSN, Last Name, First Name, Hours, Hourly Rate, Hours Type, Hourly Benefit Rate, Wages, Classification, Craft

Field Name Format Version 1.01 H Contract Number MC-####### 20 Character limit Period Ending Date MM/DD/YYYY SSN ###-##-#### (including hyphens) Last Name 30 Character limit First Name 30 Character limit Hours Numeric to 2 decimal places (no commas) Hourly Rate Numeric to 2 decimal places (no commas or $) Hours Type Valid hours type codes from hours type listing. Hourly Benefit Rate Numeric to 2 decimal places (no commas or $) Wages Numeric to 2 decimal places (no commas or $) Classification Valid class codes from class listing. Craft Valid craft codes from craft listing. Contractor Name 50 Character limit

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Craft Listing Craft Description Craft Code Asbestos Abatement Workers ASBS Boilermakers BOIL Brick and Marble Masons BRCK Cabinet Makers (In Shop) CMIS Carpenters CARP Cement Masons CEMM Divers and Tenders DVTD Dredge Workers DRDG Electrical Fixture Maintenance Workers EFMW Electricians - Inside ELEI Electricians Motor Shop EMS Electricians Powerline Construction (Outside) ELEO Electronic & Telecommunications Technicians ETT Elevator Constructors ELEV Fence Erectors FENC Glaziers GLAZ Heat & Frost Insulators and Asbestos Workers HFIA Heating Equipment Mechanics HEM Hod Carriers and Mason Tenders HCMT Inland Boatman BOAT Insulation Applicators INSL Ironworkers IRON Laborers LBRS Laborers - Underground Sewer & Water LBRU Landscape Construction LNDC Lathers LATH Lighting Technicians LGHT Millwrights MILL Other OTHR Painters PNTR Piledrivers PLDR Plasterers PLST Plumbers & Pipefitters PLMB Power Equipment Operators PEOP Refrigeration & Air Conditioner Mechanics RACM Roofers ROOF Sheet Metal Workers SMW Sign Makers & Installers (Electrical) SME Sign Makers & Installers (Non-Electrical) SMNE Soft Floor Layers SFL Sprinkler Fitters (Fire Protection) SPKF Surveyors SURV Telephone Line Construction - Outside TLCO Tile, Marble & Terrazzo Finishers TMTF Traffic Control Stripers STRP Truck Drivers TRCK Well Drillers & Irrigation Pump Installers WDIP

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Race Listing Race Description Race Code Black B Hispanic H Native American N White W Asian Pacific Islander AP Asian Subcontinent AS Other O Class Listing Class Description Class Code Apprentice A Journey-worker J Foreperson F Hours Type Listing Hours Type Descriptions Hours Type Code Regular REG Time and a half R+1/2 Double Time DBL Triple Time TRP Other OTHR Shift Differential SHFT Holiday HOL

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EQUAL EMPLOYMENT OPPORTUNITY (EEO) SUBMITTAL REQUIREMENTS

SUBMITTAL CODES (Indicates who the report is required from; the Prime Contractor is responsible for providing all submittals) P Required from Prime Contractor S Required from all Subcontractors M Required from all Material Suppliers with P.O.s over $10,000.00

DOCUMENT

WHEN REQUIRED

With Bid

Prior to Execution of

Contract Prior to NTP

On-going During

Contract

Prior to Final

Inspection

Prior to Release of Retainage

Affidavit and Certificate of Compliance With Resolution No. 3166

P S, M

Certificate of Non-segregated Facilities* P* S*, M*

Personnel Inventory Report P S

Letter Naming Subcontractors and Suppliers P, (S for lower tiers)

Port of Seattle Union Referral Statement P S

Goals and Time Tables P S

Electronic Employee Records and Work Hour Records files, (Run weekly, submit monthly) FOR FEDERAL PROJECTS: In addition, submit Certified Payrolls (Run daily, submit weekly)

P, S P P

Affirmation or Certificate of No Work Performed (Submit monthly )

P, S P P

Copies of Canceled Checks to Subcontractors/Suppliers (upon request)

P P P

Monthly Amounts Paid to All Subcontractor Participants

P, (S for lower tiers)

P P

Resolution 3549 Equal Benefits forms P

Rev. 9/5/08 * for Federally Funded projects only

�� SUBCONTRACTOR BIDDING REPORT�

110-187

Contract Compliance Office

Project Name: _______________________________________________ Project Number: _____________________________________________

Prime Contractor: ________________________________________________________________________________ WA State UBI: _________________________ Prime Contractor Address: _________________________________________________________________________ Phone #: ( ) _______ - _________ Form Completed By: ______________________________________________________________________________

SUBCONTRACTOR SOLICITATION(NAME)

SUBCONTRACTOR’S ADDRESS

TYPE OF WORK WA STATE UBI DBEY / N

MBE Y / N

WBE Y / N

DATE FIRM ESTABLISHED

ANNUAL GROSS R EC EIPT S R A N G E(1)

All information gathered on the background and financial status of firms will remain with the Port’s DBELO and will not be shared as public information unless its disclosure is required under the Washington State Public Disclosure Act.

(1) Please enter the code associated with the range of annual gross receipts as follows: (a) less than $500,000; (b) $500,000-$1 million; (c)$1-2 million; (d) $2-5 million; (e) $5-7 million (f) $7-10 million, (g) over $10 million.

Signature certifies as to the accuracy of the foregoing information: ________________________________________________________ _____________________ Signature Date

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MONTHLY AMOUNTS PAID TO ALL SUBCONTRACTOR PARTICIPANTS

This form is to be completed by the Prime and all Subcontractors that hire lower tier subs.

Contractor (Prime/Subcontractor):

Street Address:

City:

State:

Zip:

For the Month Of:

Contract Number:

Work Project Number:

Project Title: Prime Bid Price

Dollar Amount of the DBE Goal at Award

Subcontractor Participant (Name And Address)

Date Paid

DBE, MBE WBE

Ethnic Code

Contract Type

Specification Section

Amount Paid

This Month

Amount Paid

To Date Ethnic Code C = Caucasian B = Black H = Hispanic A = Asian American I = American Indian Alaskan Native O = Other

Contract Type S = Subcontractor M = Material Supplier JV = Joint Venture

Total DBE Participation Achieved To Date Total MBE Participation Achieved To Date Total WBE Participation Achieved To Date

Comments CANCELLED CHECKS REQUIRED UPON REQUEST.

Attached

Not available this report

Checks Attached Are For Previous Reporting Period

Signature Title Date

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INSTRUCTIONS FOR COMPLETING THE MONTHLY AMOUNTS PAID TO ALL

SUBCONTRACTOR PARTICIPANTS FORM

DUE MONTHLY AND AT END OF PROJECT

A. Complete the form for each project, every month and at the end of the project. Each form should reflect payments made during the month and cumulative to date. At the end of the job, the form should reflect all payments made since the last form was submitted.

B. The form is due in the Port’s EEO office on the 5th of each month and at the end of the project. A company may be requested to submit forms for progress payments prior to the end of the quarter if there have been unusual circumstances. This would include: exceptionally large projects, companies or contractors having a poor record of EEO responsibility, refusal to submit timely reports, complaints, etc.

C. The Contract Number is the number assigned to the contract by the Port of Seattle. (Example: MC-0310234)

D. The Work Project Number is the specification number assigned to the project by the Port of Seattle at the time that bids are advertised.

E. The Project Title is the job title from the specifications, contracts, etc.

F. The Contract Bid Price is the total amount for which the contract was signed with the prime contractor.

G. The DBE Award Amount is the total dollar amount of the subcontractors’ bids.

H. Please enter one of the following into the Ethnic Code column.

C – Caucasian B – Black H – Hispanic A – Asian American I – American Indian or Alaskan Native O– Other

I. Enter one of the following codes into the Contract Type column.

S – Subcontractor M – Material Supplier JV – Joint Venture

J. The Amount Paid This Month is to be the actual dollar amount disbursed to each participant from the 1st day to the last day of the month. This figure does not include any monies owing or retained at the time the form is signed.

K. The Amount Paid to Date is the actual cumulative dollar amount disbursed to each participant from the beginning of the project and includes the amounts paid during the reporting month.

L. Forms should be completed in ink or typed. Forms completed in pencil will be returned to the contractor.

M. All forms not properly completed will be returned to the contractor for correction.

N. Progress payments may not be released if the form is not received by the 5th of each month.

RESOLUTION NO. 3166 A RESOLUTION of the Port Commission of the Port of Seattle repealing Resolution Nos. 2818 and 2821 and restating Port policy relating to Discrimination and Affirmative Action in Employment by Port of Seattle Contractors and Subcontractors and Establishing Policies, Procedures and Requirements for Compliance Therewith. WHEREAS, the Port of Seattle Commission adopted Resolution Nos. 2818 and 2821 wherein a policy of commitment to Equal Employment Opportunity and Affirmative Action was incorporated and adopted in the exhibit thereto; and WHEREAS, minor changes to Resolution Nos. 2818 and 2821 are required to facilitate administration and clarify Port requirements to contractors doing business with the Port; NOW THEREFORE, BE IT RESOLVED by the Port Commission of the Port of Seattle that Resolution Nos. 2818 and 2821 are repealed; and BE IT FURTHER RESOLVED that the following statement of policy, procedure and requirements is adopted by the Port Commission for the purpose of establishing uniformity and standardization with respect to the affirmative action plans and statements of non-discrimination submitted by contractors bidding and being awarded contracts for work projects of the Port of Seattle. Contractors submitting bids on Port of Seattle work projects, may, in lieu of submission of an affirmative action plan, incorporate Resolution No. 3166 by reference and Certificate of Compliance in any bid proposal submitted to the Port of Seattle where bid specifications or other established procedures require the same. SECTION 1: DEFINITIONS. 1. “Affirmative action” shall mean policies, procedures and programs designed to increase the representation of minorities and

omen in employment, applications for employment, and employment-related training programs (of minorities and women). w 2. “Contractor” shall mean a person, firm, business, organization, company, consultant, supplier/vendors partnership or corporation ontracting to do business with the Port of Seattle on work projects. c

3. “Consultant” shall mean an impartial, objective advisor who renders professional opinions, findings, judgments and ecommendations to the Port of Seattle. r

4. “Supplier/Vendor” shall mean and outside supplier of goods and services to the Port of Seattle. 5. “Discrimination” shall mean differential treatment or pursuit of policies or practices that have a disproportionate impact upon persons due to their creed, race, color, sex, age, sexual orientation, marital status, national origin, or the presence of any sensory, mental or physical handicap, unless such policies or practices are necessary for the performance of the job and no less discriminatory alternatives are

ossible. p 6. “Minority” shall mean a person who is a citizen, a lawful permanent resident of the United States, and who is black (all persons having origins in any of the black African racial groups not of Hispanic origins); Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands); American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through

embership and participation or community identification). m 7. “Underrepresentation” shall mean presence in a contractor’s work force of minorities and women in proportionate numbers lower than the goals established for the contractor’s business under this Resolution.

S

ECTION 2. NON-DISCRIMINATION.

No contractor, subcontractor, or union doing business with the Port of Seattle, hereinafter referred to as the Port, or furnishing workers or services in connection therewith, shall discriminate against any person on the basis of race, color, creed, sex, age, sexual orientation, nationality, marital status or the presence of any sensory, mental or physical handicap, (provided that such handicap does not hinder the performance of the job), or Vietnam veteran status, in employment, and no such contractor, subcontractor, or union shall violate any of the terms of Chapter 49.50 of the Revised Code of Washington, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state or local law or regulation regarding non-discrimination in employment.

SECTION 3: GOALS AND TIMETABLES; AFFIRMATIVE ACTION REQUIRED.

1. Goals. a. The Port of Seattle shall set goals and timetables for minority and female employment by contractors doing business with the Port, which goals shall be based on appropriate work force, demographic or other relevant data. The setting, monitoring, and evaluating of a contractor’s performance in attempting to meet goals shall be based on total manhours of training and employment as a proportion of all manhours to be worked by the contractor’s entire work force in that trade on Port of Seattle contracts. The percentage of manhours for minority and female work and training should substantially uniform throughout the length of the contract, for each of the trades. The transfer of minority and female employees or trainees from employer-to-employer and from project-to-project for the sole purpose of meeting the contractor’s or subcontractor’s goals(s) shall be a violation of these requirements. b. The goals for minority and female labor utilization required of contractors pursuant to this Resolution may be satisfied by the enrollment of minority and female workers in pre-apprenticeship, apprenticeship and journeyman training or similar programs; but such utilization of minority and female labor shall be apportioned as equally as possible to all such programs used or available for use. In order for non-working training hours to be counted in meeting the goals, such trainees must be employed by the contractor during the training period.

06/16/94 1

2. Affirmative Action Requirement. Where a contractor’s employment statistics demonstrate that minorities and/or women are underrepresented in its work force in relationship to the goals established by the Port, contractors, subcontractors, and unions doing business

with the Port or providing workers or services in connection therewith, shall take affirmative action measures, as set out in this Resolution, to increase the representation of minorities and women at locations and establishments where projects and work are being done under contract with the Port. Affirmative action measures shall be based on what is reasonably required to achieve employment goals which will cure underrepresentation. Underrepresentation of minorities and women will not itself be deemed a violation of this Resolution where reasonable affirmative action measures are adopted and are being implemented in good faith.

S

ECTION 4. MINIMUM AFFIRMATIVE ACTION MEASURES FOR CONSTRUCTION CONTRACTORS.

Contractors shall take specific affirmative action measures to ensure equal employment opportunity. The contractor shall fully ocument its efforts and shall implement affirmative action measures at least as extensive as the following: d

1. Policy Dissemination. Internal and external dissemination of the contractor’s equal employment opportunity policy; posting of

the nondiscrimination policies and the requirements of this Resolution on company bulletin boards accessible to all employees at each location where work is to be performed by contractors of the Port; notification to each subcontractor, labor union and representative of workers with which there is a collective bargaining agreement, contract, subcontract or understanding, that the contractor is committed to the requirements of Resolution No. 3166; inclusion of the Equal Employment Opportunity policy in all advertisements, policy manuals, company newspapers, annual reports, etc.; at least annual review of these policies with all management personnel, employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, and all minority and female employees of the comp ny. a

2. Recruiting. Direct recruitment efforts, both oral and written, to minority, female and community organizations to minority and

female recruitment and training organizations serving the contractor’s recruitment area and employment needs; encourage present minority and female employees to recruit other minority persons and women; where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force; and solicit bids for subcontracts from irms whose employment profile meets the affirmative action goals established under this Resolution. f

3. Self-Assessment and Test Validation. Review of all employment policies and procedures, including review of tests, hiring and

training practices and policies, performance evaluations, seniority policies and practices, job classifications and job assignments, to assure that they do not discriminate against, or have a discriminatory impact on minorities and women and validation of all tests and other selection requirements where there is an obligation to do so under state or federal law.

4. Record Referrals. Maintain a file of the names and addresses of each minority and female worker referred to him and what

action was taken with respect to such referred worker; and if the worker was not employed, the reason therefor. If such worker was not sent to the union hiring hall for referral or if such worker was not employed by the contractor, the contractor’s file should document this and the reasons therefor.

5. Notice of Union Non-cooperation. Provide immediate written notification to the Port when the union or unions with which the

contr ctor has a collective bargaining agreement impeded the contractor’s efforts to meets its obligations under this Resolution. a 6. Training. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly includes

minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor’s employment needs, especially those programs funded or approved by the U.S. Department of Labor; conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.

7. Reporting. Designate a responsible official to monitor all employment related activity to ensure that the company

EEO/Affirmative Action policy and the policies of Resolution No. 3166, are being carried out, to submit reports relating to the provisions hereof as may be required by the Port, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. ,

8. Subcontract Bid Requirements. Solicit bids for subcontracts from available minority and women-owned business enterprises in

the trades and document and maintain a record of all solicitations of offers from subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. SECTION 5. CONTRACT REQUIREMENTS.

The Port’s policy as stated in Section 2 of this Resolution requiring nondiscrimination in contractor or subcontractor employment affirmative action, shall be included in all Port contracts. Any violation of the specific provisions of this Resolution, and of any term of the Certificate of Compliance required hereby, including reporting requirements, shall be deemed a violation of Resolution No. 3166. Any such violation shall be deemed a breach of a material provision of the contract between the Port and the contractor. Such breach shall be grounds for cancellation, termination, or suspension, in whole or in part, of the contract by the Port, or for invoking the enforcement provisions of the contract providing for penalties, liquidated damages, or other remedies, and may result in the contractor’s ineligibility for further Port contracts PROVIDED, that underrepresentation of minorities and women and the failure or inability of any contractor to achieve employment goals will not be a violation where that contractor has adopted and pursued a reasonable affirmative action program in compliance with this Resolution. THE BURDEN IS ON THE CONTRACTOR TO DEMONSTRATE ITS COMPLIANCE WITH RESOLUTION NO. 3166. SECTION 6. PRE-CONTRACT QUALIFICATION.

Prior to award of any Port contract, contractors must first be certified by the Port’s Contract Compliance Officer or designee as having complied with the provisions of this section. The Port shall not contract with or receive services from an ineligible contractor who does not

eet these provisions. m

1. Work Force Data. All contractors per contract requirement shall submit to the Port a total personnel inventory employment profile providing employment data for all employees. The Port may determine the form in which this data shall be provided.

06/16/94 2

2. Compliance Affidavits and Union Statements. All contractors shall submit a Certificate of Compliance at the time of bid, in accordance with Bid/Quote/Proposal/Contract requirements in the form provided by the Port, a copy of which is attached and incorporated herein by reference as Addendum 1, 2, or 3. The Certificate of Compliance shall set forth the contractor’s specific employment goals, minimum affirmative action requirements, reporting requirements and other such provisions as the Port deems necessary and appropriate for compliance with and enforcement of this Resolution. PROVIDED, that the Certificate of Compliance shall not require actions or goals inconsistent with the standards, guidelines and affirmative action measures set forth in this Resolution No. 3166. S

ECTION 7. SUBCONTRACTORS.

Per contract requirement, the prime contractor shall be required to submit to the Port, along with its qualifying documents under this Resolution, Certificates of Compliance, and reports from its subcontractors in the same manner as these are required of the prime contractor. Reporting requirements of the prime contractor during the contract period will apply equally to all subcontractors. As a condition of their contract, prime contractors shall be responsible for both the submission of certificates and reports and for requiring their subcontractors and material suppliers to employ racial minorities and women. Any violation of this Resolution or the requirements of the certificate of compliance by the subcontractor will be deemed a violation by the prime contractor and subject to the sanctions and penalties set forth in the contract and this Resolution. SECTION 8. COMPLIANCE MONITORING.

The Executive Director of the Port of Seattle or designee shall monitor compliance with this Resolution, and conduct such

investigations as may be necessary to determine compliance on the part of any firm or organization with the requirements or this Resolution. It shall be the duty of each Port of Seattle department responsible for and initiating contracts subject to this Resolution, to assure that contractors are notified of their obligations hereunder. The Director, Diversity Programs or his/her designee shall have the direct responsibility and authority to insure that contractors are properly monitored and that each Port department is in full compliance with the provisions of this Resolution.

S

ECTION 9. REPORTING REQUIREMENTS.

In addition to the Certificate of Compliance, the contractor will, upon request, furnish all information and reports as reasonably required by the Port, to determine compliance with this Resolution. Additionally, contractor will, upon request, permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with the non-discrimination and affirmative action requirements of this Resolution. Unless otherwise required by law, all information, data, or records obtained pursuant to the monitoring and investigation activities authorized hereunder shall be kept confidential by the Port, except that the Port may release such information when requested to do so in cooperation with state and federal agencies administering and enforcing applicable laws against discrimination and in compliance with applicable laws governing public disclosures. S

ECTION 10. SEVERABILITY.

Should any section, subsection, paragraph, sentence, clause, or phrase of this Resolution, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Resolution. S

ECTION 11. GOALS.

The goal for minority and female employment with contractors doing business with the Port shall be as established by the Executive Director or designee. SECTION 12. Addendum 1, 2, 3 (Certificate of Compliance forms) are revised and incorporated herein by reference. SECTION 13.

The Executive Director is authorized to modify the Addendum 1, 2, 3 or the Certificate of Compliance so long as such modification is not inconsistent with Resolution No. 3166.

ADOPTED by the Port Commission of the Port of Seattle this 26th day of July, 1994 and duly authenticated in open session by the signatures of the Commissioners voting and the seal of the Commission duly affirxed.

PATRICIA DAVIS

_______________________________

PAUL SCHELL _______________________________

JACK BLOCK _______________________________

PAIGE MILLER _______________________________

GARY GRANT _______________________________

PORT COMMISSION

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013H0000.DOC -516/96 A-1

ADDENDUM 1 TO RESOLUTION NO. 3166 AFFIDAVIT AND CERTIFICATE OF COMPLIANCE

WITH PORT OF SEATTLE AFFIRMATIVE ACTION RESOLUTION NO. 3166 for Construction Contracts

PROJECT: WORK PROJECT NO:

CONTRACTOR: STATE OF WASHINGTON )

) SS COUNTY OF KING )

The undersigned, being first duly sworn, on oath states on behalf of the Contractor as follows:

Definitions: "Contractor" shall mean any person, firm, business, organization, company, partnership or corporation contracting to do business with the Port of Seattle on work projects.

A. Contractor recognizes that discrimination in employment is prohibited by federal, state, and local laws. Contractor recognizes that in addition to refraining from discrimination, affirmative action is required to provide equal employment opportunity. Contractor further recognizes that this affidavit establishes minimum requirements for affirmative action and fair employment practices and implements the basic nondiscrimination provisions of the general contract specifications as applied to construction contracts pursuant to R.C.W. 53.08.120. Contractor herein agrees that this affidavit is incorporated as an addendum to its general contract, and recognizes that failure to comply with these requirements may constitute grounds for application of contract default remedies set forth in the affidavit and other contract documents, and that in lieu of the affidavit the Executive Director may accept a statement of pledging adherence to an existing contractor affirmative action plan where the provisions of the plan are found to substantially fulfill the requirements of Resolution No.3166.

B. Contractor shall give notice to their supervisors and employees of the requirements for affirmative action to be undertaken prior to the commencement of work.

C. The following named person has been designated to represent the Contractor and to be responsible for securing compliance with and for reporting on the affirmative actions taken.

AFFIRMATIVE ACTION REPRESENTATIVE:

NAME: TITLE: PHONE:

D. Contractor will cooperate fully with the Port Contract Compliance Office while making every reasonable "good faith" effort to comply with the affirmative action and nondiscrimination requirements set forth in this sworn statement and in Resolution No.3166.

E. Reports: The Contractor agrees to complete and submit such additional reports and records that may be necessary to determine compliance with the affidavit and to confer with the Port Compliance Officer at such times as the Port shall deem necessary. The information required by Resolution No.3166, includes but is not limited to the following reports and records:

1. Personnel Inventory Report. This report shall include a breakdown of the employer work force showing race, sex, ethnicity, social security number, telephone and address of all employees submitted prior to award of the Contract.

2. Statement from Union or Worker Referral Agency: This statement affirms that the signee(s) organization has no practices and policies which discriminate on the basis of race, color, creed, sex, age, marital status. etc., submitted prior to execution of the Contract.

3. Payroll Information Report: This report is required from every construction contractor, subcontractor, and any lower tier subcontractor, for each week from the time work starts on the project until completion.

4. Goals and Timetables: This report will project the total number of labor hours by craft and people by craft, required to perform all work on the project. Additionally, this information will provide the total number of people and labor hours that will be performed by women and minorities.

The information required in this section shall be submitted on forms provided by the Port unless otherwise approved.

F. Subcontractors: The prime contractor shall be required to submit to the Port, along with its qualifying documents under Resolution No.3166, Certificates of Compliance and reports from its subcontractors, having a subcontract of $5,000 or more, in the same manner as these are required of the prime contractor. Payroll reporting requirements of the prime contractor during the contract period will apply equally to all subcontractors regardless of the value of the subcontract.

G. Minimum Affirmative Action Requirements: The evaluation of a contractor's compliance with Port Commission Resolution No.3166, shall be based upon the contractor's effort to achieve maximum results from its affirmative action program. The contractor shall document these efforts and shall implement affirmative action steps at least as extensive as the following:

1. Reporting: Periodic reporting of employment statistics and affirmative action policies and procedures as may be requested by the Port of Seattle.

2. Policy Dissemination: Internal and external dissemination of the contractor's equal employment policy; posting of non-discrimination policies and of the requirements of Resolution No.3166, on bulletin boards clearly visible to all employees, notification to each subcontractor, labor union or representative of workers with which there is a collective bargaining agreement or other contract, subcontract, or understanding, of the contractor's commitments under Resolution No.3166, inclusion of the equal opportunity policy in advertising in the news media and elsewhere.

3. Recruiting: Adoption of recruitment procedures designed to increase the representation of women and minorities in the pool of applicants for employment; including, but not limited to, establishing and maintaining a current list of minority and female recruitment sources, providing these sources written notification of employment opportunities, and solicitation of bids for subcontracts from firms whose employment profile meets the affirmative action goals established under Resolution No.3166.

4. Self-Assessment and Test Validation: Review of all employment policies and procedures, including review of tests, hiring and training practices and policies, performing evaluations, seniority policies and practices, job classifications and job assignments, to assure they do not discriminate against, or have a discriminatory impact on, minorities and women and validation of all tests and other selection requirements where there is an obligation to do so under state or federal law.

5. Record Referrals: Maintain a current file of applications of each minority and female applicant or referral for employment indicating what action was taken with respect to each such individual and the reasons therefore. Contact these people when an opening exists for which they may be qualified. Names may be removed from the file after three years have elapsed from their last application or referral.

POS

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013H0000.DOC -516/96 A-2

6. Notice of Union Noncoopration: Provide immediate written notification to the Port of Seattle and OFCCP when the union or unions with which the contractor has a collective bargaining agreement contract or understanding has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meets its obligations under Resolution No.3166.

7. Supervisors: Ensure that all supervisory personnel understand and are directed to adhere to and implement the non-discrimination and affirmative action obligations of the contractor under Resolution No.3166, as amended. Such direction shall include, but not be limited to, adherence to, and achievement of, affirmative action policies in performance appraisals of supervisory personnel.

8. Training: Develop on-the-job training opportunities, which expressly include minorities and women.

Where a contractor's employment statistics demonstrate that minorities and/or women are underrepresented, failure to follow any of the requirements of Paragraph G (1 -8) shall be prima facie evidence of non-compliance with this agreement.

H. Contractor agrees in all its employment policies and practices to refrain from discrimination against any person on the basis of race, color, creed, national origin, sex, age, sexual orientation, marital status, or the presence of any mental, physical or sensory handicap nor Vietnam era veteran status, including but not limited to hiring, lay-off, transfer, promotion or demotion, job assignment wages, and other terms and conditions of state and local rules, laws or ordinances and regulations regarding any such discrimination.

I. Contractor agrees to provide reasonable access upon request to the premises of all places of business and employment, relative to work undertaken in this contract, and to records, files, information and employees in connection therewith, to the Port Contract Compliance Officer for purposes of reviewing compliance with the provisions of this certificate and agrees to cooperate in any compliance review.

J. Should the Port Contract Compliance Officer find, upon complaint, investigation or review, the Contractor not to be in good faith compliance with the provisions contained in this affidavit, it shall notify the contractor in writing of the findings, fully describing the basis of noncompliance. Contractor may request withdrawal of such notice of noncompliance at such time as the compliance officer in writing has notified the contractor and the Port that the noncompliance has been resolved.

K. The contractor agrees that any violation of the specific provisions of Port Commission Resolution No.3166 and of any term of the certificate of compliance required herein, including reporting requirements, shall be deemed a violation of the contract. Any such violation shall be further deemed a breach of a material provision of the contract between the Port and the contractor. Such breach shall be grounds for implementation of any sanctions provided for in this certificate or other contract document, including but not limited to cancellation, termination or suspension of the contract, in whole or in part, disqualification of the contractor; from participation in future Port contracts or the withholding of the contract progress payments.

L. Contractor recognizes that it is bound by all provisions of Port Commission Resolution No.3166, and acknowledges receipt of a copy thereof.

M. Contractors may not alter or delete any portion of this document.

I certify under penalty of perjury, under the laws of the State of Washington that the foregoing is true and correct.

CONTRACTOR: Company Name

UNIFIED BUSINESS IDENTIFICATION NO:

WASHINGTON STATE REGISTRATION NO:

ADDRESS: Street City State Zip

AUTHORIZED SIGNER: Signature Title

NAME: Print or Type

TELEPHONE: (______) ____________________________________ _____ FAX: (_____) __________________________________________

Distribution: White Copy: EEO. Yellow Copy: Engineering Pink Copy: Contractor.

END OF AFFIDAVIT AND CERTIFICATE OF COMPLIANCE

1

RESOLUTION NO. 3549, as Amended A RESOLUTION of the Port Commission of the Port of Seattle extending the Port’s

non-discrimination policy to Port contractors for the provision of domestic partner benefits.

WHEREAS, in 1994 the Port of Seattle adopted a policy to extend the same employee

benefits to domestic partners as are available to employee spouses and to extend non-

discrimination principles to extend to sexual orientation; and

WHEREAS, in recent years the City of Seattle and King County have adopted policies

that extend their non-discrimination requirements to public contracting with respect to the

provision of equal benefits for domestic partners of contractor employees; and

WHEREAS, it appears that benefits for domestic partners have become broadly

available; and,

WHEREAS, this Resolution will serve to protect and further a more just government by

requiring that public funds be expended so as to prohibit Port contractors from discrimination in

the provision of employee benefits between employees with spouses and employees with

domestic partners;

NOW, THEREFORE, BE IT RESOLVED, by the Port Commission of the Port of

Seattle, as follows:

2

By this resolution the Port of Seattle hereby adopts an equal benefits policy for Port

contractors as set forth in the attached Exhibit A.

ADOPTED by the Port Commission of the Port of Seattle at a regular meeting held this

25th day of October, 2005 and duly authenticated in open session by the signatures of the

Commissioners voting in favor thereof and the seal of the Commission.

Bob Edwards

Lawrence T. Molloy

Alec Fisken

Patricia Davis

Paige Miller

Port Commissioners

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EXHIBIT “A” to Resolution No. 3549, as Amended Domestic Partner Benefits for Port Contractors 1. DEFINITIONS:

1.1 “Contract” means an agreement to perform public works, consulting services including professional and technical services, or the purchase of goods and services, as set out in Port Policies PUR 1 and PUR 2, that entails a legally binding obligation of Twenty-Five Thousand Dollars ($25,000) or more, or such other threshold dollar amount as the Port of Seattle Commission may require in the future. A Contract does not include: a contract between the Port and a public entity; a contract for the purchase, lease or rent of real estate; banking and other financial services; concession agreements; or a collective bargaining agreement.

1.2 “Contract Award” means any notice of selection, notice of intent to award or acceptance of a bid/proposal mailed or otherwise furnished to the successful contractor that is intended to result in an executed contract. Until the contract is executed, any work done on the project or commitment of any funds is at the contractor’s risk.

1.3 “Contractor” means any person or persons, firm, partnership, corporation, or combination thereof, including a “vendor” or a “consultant”, who submits a bid, proposal, and/or enters into a Contract with a Contract Awarding Authority.

1.4 “Domestic Partner” means any person who is a Domestic Partner, same sex or opposite sex, and is registered with the employee’s employer as the employee’s Domestic Partner or, in the absence of such an employer-provided registry, is registered as a Domestic Partner with a governmental body in accordance with the state or local law authorizing the registration. Any internal employer registry of domestic partnership must comply with the criteria for domestic partnerships as specified herein.

1.5 Legally domiciled member of household means any person who currently lives in the same primary residences as the employee; intends to continue living in the same primary residence as the employee; is jointly responsible with the employee for the basic living expenses of the household; is eighteen years of age or older; and is not married; or is an adult, dependent relative living in the same primary residence as the employee and is claimed as the employee’s tax dependent.

1.6 “Employee Benefits” or “Benefits” means any plan, program or policy provided by a Contractor to its employees as part of the employer’s total compensation package. “Employee Benefits” includes, but is not limited to: pension and retirement benefits, medical, dental and vision plans or other health benefits; bereavement, family medical, parental and other leave policies; disability, life, and other types of insurance; employee

4

assistance programs; memberships or discounts; moving expenses; access to facilities, services and events; travel and relocation expenses; incentive, stock option, and profit sharing plans and other compensation programs; vacation; travel benefits; and other benefits given to employees, provided that it does not include benefits to the extent that the application of the requirements of these rules to such benefits may be preempted by federal or state law.

1.7 “Non-discrimination in Benefits” means the provision of the same or equivalent benefits to employees with spouses and employees with Domestic Partners, to spouses of employees and Domestic Partners of employees, and to dependents and family members of spouses and dependents and family members of Domestic Partners. Non-discrimination in Benefits is also referred to as provision, or implementation, of “Equal Benefits” elsewhere within these rules.

1.8 “Reasonable Measures” means a determination by the Port of Seattle that a reasonable amount of effort has been taken by the Contractor to provide the same or equivalent benefits to employees with spouses and employees with Domestic Partners, and that no form of substantial compliance as defined in Section 2.6 applies to the Contractor.

1.9 “Roster” means a list of qualified consultants or Contractors maintained by the Port.

2. POLICIES:

2.1 Contracts: All Contracts awarded by the Port and covered by Resolution 3549 shall contain provisions developed by the Port requiring compliance with these procedures and prohibiting discrimination in the provision of employee benefits, except as exempted herein, and all covered contractors shall submit an affidavit of compliance with Resolution 3549 at the time of contract award.

2.2 Subcontracts and Subcontractors: The Non-discrimination in Benefits requirement does not apply to subcontracts or subcontractors.

2.2.1 Covered Entity: The scope of work, goods, or services as outlined in the Contract will define which entity or part of the legal structure of the contracting company must comply with Resolution 3549. Separate corporate entities, including parents and subsidiaries of the entity that contracts with the Port, are not required to comply. In the case of a joint venture, all joint venture members are required to comply with Resolution 3549.

2.3 Location: Contractors are encouraged to end discrimination in benefits throughout their operations in the U.S. The Non-discrimination in Benefits requirement applies to a Contractor in all of its operations located:

2.3.1 Within King County:

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2.3.2 On real property outside of the County if the property is owned by the Port or if the Port has a right to occupy the property, and if the Contractor’s presence at that location is connected to a Contract with the Port; or

2.3.3 Elsewhere in the United States where the Contractor performs work relating to a Port Contract.

The determination of where compliance is required shall be based upon a consideration of factors which include but are not limited to:

2.3.3.1 The nature of the work being performed in locations other than King County;

2.3.3.2 The degree of connection between the contract at issue and the work being performed in locations other than King County;

2.3.3.3 The amount of contact and communication that persons performing work in locations other than King County have with other persons performing work related to the contract.

2.4 Covered Benefits: A Contractor must not discriminate in all benefits offered to married employees or employees with Domestic Partners, and in all benefits offered to employees’ spouses or employees’ Domestic Partners.

2.4.1 Employee benefits covered by the federal Employment Retirement Income Security Act of 1974 (“ERISA”) must be offered on a non-discriminatory basis under Resolution 3549. ERISA-covered benefits include benefits provided under employee welfare plans (such as medical insurance) and employee pension plans.

2.5 Employee Benefit Policies – Options for Compliance: Provided that a Contractor does not discriminate in the provision of benefits between employees with spouses and employees with Domestic Partners and between the spouses and Domestic Partners of employees, the following employee benefit policies are in compliance with the requirements of Resolution 3549:

2.5.1 The Contractor provides benefits to legally domiciled members of households in addition to employees with spouses and employees with Domestic Partners and the spouses and Domestic Partners of employees; or

2.5.2 The Contractor provides benefits on a basis independent of marital or Domestic Partner status by allowing all employees to designate a legally domiciled member of the employee’s household as being eligible for spousal equivalent benefits; or

2.5.3 The Contractor provides benefits neither to the spouse or domestic partner of an employee.

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2.6 Substantial Compliance – Non-Discriminatory Discrepancies in Benefits: A Contractor will not be deemed to be discriminating in the provision of benefits where, upon approval by the Port, the implementation of policies ending discrimination in benefits is delayed, or cash equivalent is offered to the employees with a Domestic Partner in lieu of ending discrimination. The Port shall not enter into a contract with a Contractor unless they have received authorization from the Port to delay implementation, or offer cash equivalent. The Contractor is responsible for submitting a request for a finding of substantial compliance for the reasons set forth in this paragraph in a timely manner. Before the first award of a Contract to a Contractor, delays are considered for Open Enrollment, Administrative Steps, and Collective Bargaining Agreements. Cash Equivalent is also a consideration for Substantial Compliance.

2.6.1 Open Enrollment. The Contractor must submit evidence that a reasonable amount of effort has been taken to end discrimination in benefits and can illustrate that Equal Benefits will be offered upon the first effective date after the first open enrollment process following the date the Contract with the Port begins. This delay may not exceed twelve (12) months from the date the Contract with the Port is entered, and only applies to benefits for which an open enrollment process is applicable.

2.6.2 Administrative Steps. The Contractor must submit evidence that additional time is needed in order to fully incorporate nondiscriminatory benefits into its infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three (3) months. An extension of this time may be granted at the discretion of the Port upon the written request of the Contractor.

2.6.3 Collective Bargaining Agreement. The Contractor must submit evidence of a current collective bargaining agreement(s) where all of the following conditions have been met:

2.6.3.1 The provision of benefits is governed by one or more collective bargaining agreement(s); and

2.6.3.2 The Contractor makes a reasonable amount of effort to end discrimination in benefits by requesting that the union(s) involved agree to either reopen the agreement(s) in order for the Contractor to take whatever steps are necessary to end discrimination in benefits or the union ends discrimination in benefits without reopening the collective bargaining agreement(s).

2.6.4 Cash Equivalent Payment. In limited circumstances, the Port may authorize a contractor to provide eligible employees with a cash equivalent payment in lieu of benefits that are unavailable due to circumstances outside of

7

the contractor's control. Where a Contractor is unable to end discrimination in benefits by the date of the Contract and, further, does not anticipate being able to end discrimination in benefits at any time during the term of the Contract, the Contractor must provide to employees with a Domestic Partner a Cash Equivalent Payment. The Cash Equivalent Payment shall be the amount of money paid by the Contractor for the benefit given to a similarly situated employee during the term of the Contract. Cash Equivalent is only what the company pays, and does not include what the employee contributes. To the extent that a Contractor limits the availability of any benefit to the spouses of employees, or vice versa, the availability of a Cash Equivalent Payment may be similarly limited. The Cash Equivalent Payment shall be made either on the same schedule as the Contractor uses for the benefit given to employees with spouses, or, if no such schedule exists, on another schedule so long as such payment is made no less than once per month. No Cash Equivalent Payment will be required where making such a payment would violate federal or state law.

2.7 Waivers: The Port, after encouraging a non-compliant prospective Contractor to comply with Resolution 3549, may issue a waiver of certain Equal Benefit requirements where:

2.7.1 Award of a Contract or amendment to a Contract is necessary in an emergency;

2.7.2 The Contract is for a proprietary purchase from a sole source;

2.7.3 There are no Contractors capable of responding to the Port’s requirements that comply with the provisions of Resolution 3549;

2.7.4 The Contractor, despite taking all reasonable measures to do so, demonstrates it is unable to extend a particular employee benefit to Domestic Partners;

2.7.4.1 The Port will determine whether a Contractor has taken all Reasonable Measures upon the review of a Contractors written request for a waiver that shall include documentation provided by the Contractor that demonstrates that it is not possible for the Contractor to end discrimination in benefits. Determinations shall be based upon the following factors:

2.7.4.1.1 All forms of Substantial Compliance as outlined in these rules have been reviewed by the Contractor and they are still unable to meet the requirements; and

2.7.4.1.2 The Contractor has contacted and identified, in writing, a number of alternate benefit providers and provided

8

documentation that these providers will not provide benefits to Domestic Partners. The Port’s final determination will also be based on the discovery, or existence of benefit providers willing to offer these benefits to the Contractor; and

2.7.4.1.3 The existence of federal or state laws, which preclude the Contractor from ending discrimination in benefits.

2.7.5 The requirements are inconsistent with a grant, subvention or agreement with a public agency; or

2.7.6 The Port is purchasing goods and/or services through a cooperative or joint purchasing agreement.

2.8 Requests for Waivers: Requests for waivers of these provisions are to be made by the manager of the Port Department responsible for the contract work to the Chief Executive Officer or his or her designee prior to the award of the Contract. The written justification requesting a waiver must provide information on the following factors:

2.8.1 A description of the item or service to be purchased and the name of contractor, vendor or consultant;

2.8.2 A clear statement of the kind of waiver being requested (i.e. emergency, single source, etc);

2.8.3 Reference to what section of Equal Benefit Resolution 3549 is applicable to the requested waiver;

2.8.4 An indication of reasons or rationale for the request for waiver and the special circumstances;

2.8.5 A description of what efforts have been made to comply with Resolution 3549 and the results of these efforts;

2.8.6 A description of the steps taken to identify other qualified Contractors or methods of purchasing and an explanation of the rationale for selecting the Contractor or proposed method of purchasing.

2.8.7 The decisions by the Port to issue or deny Waivers are final.

2.9 Sanctions and Remedies: The Port shall determine and impose appropriate sanctions or remedies, or both, for a Contractor’s breach of a Contract subject to the requirements of Resolution 3549 including, but not limited to:

2.9.1 Debarment of the Contractor from bidding on or being awarded a Contract for up to five (5) years, provided however, the Contractor shall be given reasonable notice and reasonable opportunity to be heard;

9

2.9.2 Remedies allowable by Contract including, but not limited to, liquidated damages and termination of the Contract;

2.9.3 Other appropriate civil remedies and sanctions allowable by law;

2.9.4 Allowance for remedial action after a finding of non-compliance. Where the Port determines that the best resolution of non-compliance would be remedial action by the Contractor, the Port may take such action in lieu of Contract termination or disqualification. The Port may require other appropriate remedial action, including expedited implementation of equal benefits, provided that any remedial action authorized under Resolution 3549 must be taken with sixty (60) days of the date of the finding of non-compliance. Circumstances that would favor remedial action include:

2.9.4.1 Where the Contractor’s non-compliance was nominal or unintentional; or

2.9.4.2 Where the Contractor believed in good faith that its benefits policies were in compliance with the requirements of Resolution 3549; or

2.9.4.3 Where the Port determines that remedial action is superior to other authorized sanctions or remedies in ensuring the provision of equal benefits to eligible employees.

2.10 Internal Domestic Partnership Registry: For purposes of administering non-discriminatory benefits, a Contractor may choose to recognize as valid domestic partnerships registered pursuant to any state or local law authorizing such registration. For example, the City of Seattle maintains a Domestic Partnership Registry that has no residency requirements, and any citizen, regardless of where they are located, may register their Domestic Partnership with the City of Seattle. In addition, a Contractor may institute an internal Domestic Partnership registry to allow for the provision of equal benefits to employees with Domestic Partners. For employees who are located in a jurisdiction where no governmental Domestic Partnership registry is available, and the Contractor chooses not to utilize the City of Seattle’s registry, the Contractor must utilize an internal registry of Domestic Partnerships in order to administer Equal Benefits.

2.11 Verification of Domestic Partnership or Marriage: A Contractor may verify the existence of a domestic partnership or marriage to the extent such verification is undertaken equally for employees with Domestic Partners and employees with spouses. If eligibility for employee benefits extended to the spouse of a married employee requires the employee to provide a copy of a marriage license, the Contractor may also require an employee seeking benefits for a Domestic Partner to also provide a Certificate of Domestic Partnership.

2.12 Excess Cost: In the event that the actual cost of providing a particular benefit to an employee with a Domestic Partner or an employee's Domestic Partner exceeds that of

10

providing the benefit to an employee with a spouse or to an employee's spouse, or vice versa, the Contractor may condition its provision of equal benefits upon the employee agreeing to pay the excess costs. The excess costs the Contractor may pass on to the employee may include only the actual costs of the benefit for that employee and may not include implementation or administrative costs, any tax consequence to the employer, or additional costs to other employees.

2.13 Taxation: The withholding of income tax from an employee for income associated with the provision of benefits is permissible to the extent the taxation is required by state or federal law. A Contractor is not required to compensate employees for any employee tax obligations associated with receipt of Domestic Partner benefits and the application of federal or state tax law.

2.13.1 Nothing in these rules is intended to require a Contractor to take any action that would jeopardize the tax-qualified status of a benefit plan.

2.14 Notification: Notification by a Contractor to its employees regarding the provision of benefits to employees with spouses and employees with Domestic Partners must be conducted so that all employees are given equal notice of all available benefits.

2.15 Application to Small Works and Other Roster Programs: The requirements of Resolution 3549 apply to Contractors that enter into Contracts pursuant to a small works or consultant roster program.

2.16 Investigative Authority: Upon the Contractor’s entry into a Contract with the Port or upon the Port’s receipt of a Contractor’s Bid Form or any other document in which the Contractor asserts its compliance with the Non-discrimination in Benefits requirement, the Port shall have the authority to inspect all supporting evidence reasonably necessary to validate the Contractor’s compliance with Resolution 3549. Supporting evidence may include but is not limited to: documentation that defines or outlines benefit plans and policies, reports, and information (including interviews) from Contractors, Contractor employees, bidders, and others as necessary. Such investigation may be made subsequent to a report of non-compliance or pursuant to a random audit of a Contractor’s employee benefits policies.

A Contractor's failure to provide information requested pursuant to the Port’s investigative authority, will be a material breach of the Contract and subject the Contractor to sanctions and/or remedies, as authorized by Contract and these rules.

2.17 Registering a Complaint of Non-Compliance: A covered employee may report to the Port any alleged breach by a Contractor of Resolution 3549. All complaints under Resolution 3549 from a covered employee shall be submitted to the Port. Other Contractors, other covered employees, or other parties on behalf of a specific covered employee may also make complaints, however they will not be considered to be protests. Protests must follow the formal Bid Protest procedure. To the extent permitted by state law, the Port will maintain the confidentiality of all complainants who register a complaint pursuant to this provision (See, RCW Ch. 42.17, Washington State Public

11

Disclosure Act). Complainants will have the opportunity to request confidentiality when registering their complaint.

2.18 Commission authority: Nothing in these provisions shall limit the right of the Port Commission to waive the requirements of Resolution 3549 or these rules and procedures.

3. RESPONSIBILITIES:

3.1 The Contractor is responsible for taking all reasonable measures to provide the same or equivalent benefits to employees with spouses and employees with Domestic Partners.

3.2 The Chief Executive Officer or his or her designee is responsible for:

3.2.1 Adopting administrative procedures establishing standards and procedures to implement Equal Benefits Resolution 3549;

3.2.2 Receiving, reviewing and approving all appropriate waivers associated with Resolution 3549;

3.2.3 Receive, investigate and resolve Equal Benefits complaints.

3.3 An aggrieved contractor may appeal a decision made by the Chief Executive Officer or his or her designee. An appeal must be submitted in writing to the Chief Executive Officer or his or her designee within ten working days of the decision to be appealed. The Chief Executive Officer or his or her designee shall consider the appeal. The Chief Executive Officer or his or her designee shall issue a decision in writing to the contractor within twenty days of the submittal of the appeal that contains findings upon which the decision was made.

POS EB Worksheet/Rev 01/06 Page 1 of 3

Equal Benefits Compliance Worksheet

Port of Seattle

Attn:

Dept: CPO Construction

Address: PO Box 68727

Seattle, WA 98168

Return this Worksheet, Declaration, and any attached alternate compliance forms to the address above.

Name of Contractor:

Contact Person: Phone Number:

Fax: E-mail:

Approximate Number of Employees in the U.S. Solicitation / Contract #:

1. EMPLOYEE INFORMATION

a. Do you have any employees? .................................................................. Yes No

b. If 1.a is yes, are they Union, Non-Union, OR both? .................................. Union Non-Union

If the answer to Question 1a is "NO," (you DO NOT have any employees); you do not need to complete the remainder of the worksheet. Select Option C on the attached Declaration.

2. IF YOU HAVE NON-UNION EMPLOYEES

a. Do you make any benefits available to employees? [Paid by employer or not] ......................................................................... Yes No

b. Do you make any benefits available to the spouses of employees? [Paid by employer or not] ......................................................................... Yes No

c. Do you make any benefits available to the domestic partner (DP) OR legally domiciled member of household (LDMH) of employees? (Same-sex and Opposite-sex) [Paid by employer or not] ......................... Yes No

If the answers to both Questions 2(b) and 2(c) are “NO,” (benefits offered to neither employees’ spouses nor employees’ DP or LDMH); select Option B on the attached Declaration.

If the answer to either Question 2(b) or 2(c) is “YES”, continue to Question 3.

3. BENEFITS AVAILABLE FOR NON-UNION EMPLOYEES

Please indicate which benefits you make available on the list below. This list is not intended to be exhaustive. Note: Benefits can also be available indirectly, e.g. sick leave to care for a sick spouse or domestic partner OR legally domiciled member of household (DP/LDMH), and designation of retirement plan beneficiary (joint annuity). Check “Yes” for any benefit that is available, whether you pay for the benefit or not. Check “No” if the benefit is not available.

Employee Benefit Employees Spouses DP/LDMH

Health Care Yes No Yes No Yes No

Dental Care Yes No Yes No Yes No

Vision Care Yes No Yes No Yes No

Life Yes No Yes No Yes No

Disability Yes No Yes No Yes No

Pension/Retirement Yes No Yes No Yes No

Bereavement Leave Yes No Yes No Yes No

Family Leave Yes No Yes No Yes No

Equal Benefits Compliance Worksheet

Page 2 of 3

Employee Benefit Employees Spouses DP/LDMH

Relocation Yes No Yes No Yes No

Travel Yes No Yes No Yes No

Member Discounts, facilities, events Yes No Yes No Yes No

Other (specify): Yes No Yes No Yes No

Other (specify): Yes No Yes No Yes No

If all of the checked boxes in the “Spouses” and “DP/LDMH” columns match for all non-union and, if any, all union employees (see 5. below), select Option A on Page 3 on the attached Declaration. OR:

If ANY of the checked boxes in the “Spouses” and “DP/LDMH” columns do NOT match, please review Option D on Page 3 of attached Declaration to see if you qualify for alternate compliance. For all other Contract compliance inquiries, contact Port of Seattle Contract Services Section at 206-787-3863.

4. IF YOU HAVE UNION EMPLOYEES

a. Are any benefits available to the spouses of union employees? ............. Yes No

b. Are any benefits available to the DP/LDMH of union employees? ............ Yes No

If the answer to either Question 4(a) or (b) is “YES”, continue to Question 5.

5. BENEFITS AVAILABLE FOR UNION EMPLOYEES

Please indicate which benefits are available on the list below. This list is not intended to be exhaustive. Note: Benefits can also be available indirectly, e.g. sick leave to care for a sick spouse or DP/LDMH, and designation of retirement plan beneficiary (joint annuity). Check “Yes” for any benefit that is available. Check “No” if the benefit is not available.

Employee Benefit Employees Spouses DP/LDMH Health Care Yes No Yes No Yes No Dental Care Yes No Yes No Yes No Vision Care Yes No Yes No Yes No Life Yes No Yes No Yes No Disability Yes No Yes No Yes No Pension/Retirement Yes No Yes No Yes No Bereavement Leave Yes No Yes No Yes No Family Leave Yes No Yes No Yes No Relocation Yes No Yes No Yes No Travel Yes No Yes No Yes No Member Discounts, facilities, events Yes No Yes No Yes No Other (specify): Yes No Yes No Yes No Other (specify): Yes No Yes No Yes No

If all of the checked boxes in the “Spouses” and “DP/LDMH” columns match for all union and, if any, all non-union employees (see 3. above), select Option A on Page 3 of this Declaration. OR:

If ANY of the checked boxes in the “Spouses” and “DP/LDMH” columns do NOT match, please review Option D on Page 3 of attached Declaration to see if you qualify for alternate compliance. For all other Contract compliance inquiries, contact Port of Seattle Contract Services Section at 206-787-3863.

Equal Benefits Compliance Declaration

Page 3 of 3

Port of Seattle cannot award a contract until you submit the attached Worksheet and this Declaration.

I, on behalf of (Name) (Contractor Name)

state that the Contractor complies with Port of Seattle Resolution 3549, Equal Benefits and related rules because it:

(Select the Option that applies and sign form below):

Option A

Makes benefits available on an equal basis to all its non-union and union employees with spouses and its employees with a domestic partner OR legally domiciled member of household (same-sex and opposite-sex).

Option B

Does not make ANY benefits available to the spouses or the domestic partner OR legally domiciled member of household of employees.

Option C

Has no employees.

Option D

Has received approved authorization from Port of Seattle Chief Executive Officer to delay implementation of equal benefits due to a Collective Bargaining Agreement, Open Enrollment, or internal Administrative steps. (Substantial Compliance Authorization Form attached).

ALTERNATE COMPLIANCE OPTION D Instructions Prior to selecting this Option D, the contractor must complete and return an alternate compliance form to Port of Seattle. Upon approval, the form will be returned to be included as an attachment to this Declaration. The Substantial Compliance Authorization Form can be found at: https://hosting.portseattle.org/prms/

Statement of Noncompliance state that the Contractor does not comply and does not intend to comply with Port of Seattle Resolution 3549 and related rules.

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is correct and true, and that I am authorized to bind this entity contractually.

Executed this day of , 20 , at , . (City) (State) Signature Name (please print)

Title Federal Tax Identification Number

Address

https://hosting.portseattle.org/prms/

of 3

Equal Benefits Substantial Compliance

Authorization Form

Port of Seattle

Attn:

Dept: CPO Construction

Address: PO Box 68727

Seatac , WA 98168

Return this authorization form to the address noted above.

Name of Contractor:

Contact Person: Phone Number:

Fax: E-mail:

Approximate Number of Employees in the U.S. Solicitation / Contract #:

The Substantial Compliance Authorization form must be submitted along with supporting documents by those entities seeking to enter into a contract with Port of Seattle and need additional time for implementation of equal benefits. A contractor must have this form approved by Port of Seattle’s Contract Services Section prior to the award of the proposed contract with Port of Seattle. Upon approval, the form will be returned to the contractor to be included as an attachment to the Equal Benefits Compliance Declaration.

Please carefully review the following categories of authorized delay and related instructions. Authorization in a delay in implementation of equal benefits will only be considered by meeting one or more of the following criteria described below.

To continue the application process, choose ALL the categories that apply:

Collective Bargaining Delay

Ending discrimination in benefits may be delayed until the expiration of a Port Contractor’s current collective bargaining agreement(s) where all of the following conditions have been met:

1. The provision of benefits is governed by one or more collective bargaining agreement(s);

2. The Port Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the Port Contractor to take whatever steps necessary to end discrimination in benefits OR by ending discrimination in benefits without reopening the collective bargaining agreements; and

3. In the event that the Port Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, must provide written proof of the efforts taken to seek the Union’s permission to offer the benefits sooner.

For a delay to be granted under this provision, written proof must be submitted with this form that the above conditions have been met. A sample letter is available to Port Contractors to provide to the Unions involved by contacting Port of Seattle Contract Services Section at 206-787-3863.

Name of the labor organization(s) and expiration date(s) for each collective bargaining agreement:

1.

2.

3.

4.

5.

6.

Equal Benefits Substantial Compliance Authorization Form

Page 2 of 3

7.

Please list the benefits for which the delay is requested:

___________________________________________________________________________________

Please describe efforts made to implement equal benefits for Collective Bargaining Delay:

___________________________________________________________________________________

Open Enrollment Delay

Implementation of equal benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the Port begins. This open enrollment delay may not exceed twelve (12) months from the date the contract with the Port is entered into and applies only to benefits for which an open enrollment process is applicable.

Next benefit plan year begins: Date Equal Benefits will be available to employees:

Description of benefits that will be delayed and reason for delay:

___________________________________________________________________________________

___________________________________________________________________________________

Description of efforts being undertaken to implement equal benefits for Open Enrollment Delay:

___________________________________________________________________________________

___________________________________________________________________________________

Administrative Delay

Implementation of equal benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits in the Port Contractor’s infrastructure. This administrative delay may not exceed three (3) months. An extension of this time may be granted at the discretion of the Port, upon the written request of the Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications.

Description of benefit(s) that will be delayed:

___________________________________________________________________________________

___________________________________________________________________________________

Description of necessary administrative steps to implement equal benefits, and dates to be achieved:

___________________________________________________________________________________

___________________________________________________________________________________

Cash Equivalent

In limited circumstances, the Port may authorize a contractor to provide eligible employees with a Cash Equivalent payment in lieu of benefits that are unavailable due to circumstances outside of the contractor's control. The authorization does not relieve the contractor of its obligation to provide all other benefits it offers on an equal basis.

The Port will evaluate each request to provide a Cash Equivalent on a case-by-case basis and decisions will be based on a consideration of such factors as:

The numbers of benefits providers identified and contacted by the contractor and verified responses from these providers that they will not provide equal benefits coverage; and the existence of benefits providers willing to offer equal benefits coverage to the contractor.

Equal Benefits Substantial Compliance Authorization Form

POS Substantial Compliance, Rev. 01/06 Page 3 of 3

Please provide the name(s) of the Contractor’s current benefit provider(s):

Name of Provider: Phone: __________________

Contact Person: Benefit: __________________


Contact Person: Benefit: _________________





Providers contacted for the purpose of acquiring Equal Benefits coverage:

Name of Provider: Date: ___________________

Contact Person: Phone: __________________









Any additional information relevant to the contractor’s effort to acquire Equal Benefits coverage:

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is correct and true, and that I am authorized to bind this entity contractually.

Executed this day of , 20 , at , . (City) (State) Signature Name (please print)

Title Federal Tax Identification Number

Address

Distribution: White Original – POS Contract Compliance Yellow Copy – Contractor

COMPANY NAME

ADDRESS CITY

POS CONTRACT #

POS W.O. #

TELEPHONE #

WA STATE REGISTRATION #

STATE ZIP CODE

USE CODES NUMBERS

DATE: POS Contract Compliance Office PERSONNEL INVENTORY REPORT List the total personnel inventory data and other information required to comply with PORT OF SEATTLE RESOLUTION # 3166 as amended.

COMPANY POSITION CODES 101 – Apprentice 202 – Clerical 303 – Labor 404 – Managerial 505 – On-the-Job Trainees 606 – Professional 707 – Sales 808 – Service 909 – Skilled Craft 1001 – Technical

EMPLOYEE RACE OR ETHNIC CODES 1 – African American 2 – Aleut 3 – Asian American 4 – Eskimo 5 – Hispanic 6 – Native American 7 – White (other than Hispanic) 8 – Other

110-174 Rev. 03/2001

EMPLOYEE NAME ADDRESS / TELEPHONE #

M

F

POSITION CODE

HIRE DATE

LENGTH AT CURRENT POSITION

RACE/ETHNIC CODE

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00835 - Training and Apprenticeship Program

MC-0317218 / WP# 102365 00835-1 Rev. 02/01/12

1.01 TRAINING AND PROMOTION - GENERAL

A. The Port, in cooperation with other governmental, labor and employer groups, has determined that there is a need for increased apprentice opportunities in the construction industry and that an increase in such opportunities will benefit the Port and its constituents. This was initially established in 1994 under a Memorandum of Agreement (MOA) between the Port of Seattle and the King County Building Council, et al.

B. The Contractor shall assist in locating, qualifying and increasing the skills of the region’s labor force in general and in particular of minority and women employees and applicants for employment.

C. Consistent with the Contractor’s work force requirements and as permissible under Federal and in compliance with State regulations, the Contractor shall make full use of apprenticeship programs, for this POS project during the period of contract performance.

1.02 SPECIAL TRAINING PROVISIONS

A. GENERAL REQUIREMENTS SPECIAL TRAINING PROVISIONS:

1. The Contractor shall provide on-the-job training aimed at developing full journeyman status in the various trades involved in the project. The number of apprentices to be trained under the contract will be determined by the number of labor hours required to complete the project. The number of apprentices shall be fifteen percent (15%) of total labor force used on the project. In the event the Contractor subcontracts a portion of the contract work, the Contractor shall determine how many, if any, of the apprentices are to be trained by the subcontractor and the hours they are to be assigned, provided however, that the Contractor shall retain the primary responsibility for meeting the apprentice requirements imposed by this provision. The Contractor shall also ensure that this Apprentice Provision is made applicable to such subcontract.

B. APPRENTICE PROGRAM REQUIREMENTS:

1. The Contractor shall identify the trade or trades proposed to accomplish the apprentice requirements of the contract, the number of apprentices and hours assigned to the trade and the estimated beginning work date for the apprentices. The number of apprentices’ shall be distributed among the work classifications based on the Contractor’s needs and availability of journeymen in the various classifications within a reasonable area of recruitment. The Contractor will be credited for each apprentice employed on the contract work that is currently enrolled or becomes enrolled in an approved program.

C. AFFIRMATIVE ACTION RECRUITMENT REQUIRED:

1. This training commitment is not intended and shall not be used, to discriminate against any applicant for training, whether a protected group/individual or not. However, apprentice and upgrading of minorities and women toward journeyman status is a primary object of this Apprentice Provision. Accordingly, the Contractor/Subcontractor assigned apprentice shall make every effort to enroll minority and women apprentices to the extent such persons are available within King County. More specifically, if a non-minority male apprentice is proposed for utilization toward meeting the


MC-0317218 / WP# 102365 00835-2 Rev. 02/01/12

apprenticeship goal, approval may be granted if the Contractor/Subcontractor proposing to utilize the apprentice is otherwise in compliance with the contract’s Equal Employment Opportunity requirements and further provides documentation as to the efforts taken to fill the specific apprentice position with either minorities or females; or, if not otherwise in compliance, furnishes evidence of his/her systematic and direct recruitment efforts in regard to the position in question and in promoting the enrollment and/or employment of minorities and females in the craft which the proposed apprentice is to be trained.

2. As a minimum, a Contractor/Subcontractor who is not otherwise in compliance can substantiate their systematic and direct recruitment efforts by providing documentation as to the following:

a) Written notification to minority and female recruitment sources and community organizations of available employment opportunities with the Contractor/Subcontractor and/or known enrollment opportunities with unions;

b) Records documenting the Contractor/Subcontractor’s efforts and the outcome of those efforts, to employ minority and female applicants and/or refer them to unions;

c) Records reflecting the Contractor/Subcontractor’s efforts/participation in developing minority and female on-the-job opportunities, including upgrading programs and apprenticeship;

d) 4. Written notices to unions and training programs disseminating the Contractor/Subcontractor’s EEO policy and requesting their cooperation in achieving his/her EEO and OJT obligations.

e) Systematic and direct recruitment efforts must be through public and private sources likely to yield minority and female apprentices. Such documentation must be submitted in a timely manner. Contractor/Subcontractor’s compliance with this section shall be made on a case-by-case basis. The Port’s Contract Compliance Office’s will be responsible for determining compliance.

D. JOURNEYMEN NOT ELIGIBLE:

1. No employee shall be employed as an apprentice in any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman. The Contractor should satisfy this requirement by including appropriate questions in the employee application or by other suitable means. Regardless of the method used, the Contractor’s records shall document the findings in each case.

1.03 ACCEPTABLE APPRENTICE PROGRAMS

For the purpose of this specification, acceptable Training Programs are those employing apprentices from the following:

A. Apprentices registered with a Washington State Department of Labor—Joint Apprenticeship Training Council (JATC) approved Apprenticeship Agreement pursuant to RCW 49.04.060.


MC-0317218 / WP# 102365 00835-3 Rev. 02/01/12

B. Apprentices registered with an approved Apprenticeship Program recognized by Washington, Oregon and Idaho, March 1985 Apprenticeship Registration Reciprocity Agreement.

1.04 NOT USED

1.05 OTHER REQUIREMENTS

In addition to those other requirements already stated, the Contractor shall ensure the following:

A. COMPLIANCE:

It is normally expected that an apprentice will begin training on the project as soon as feasible after start of work, utilizing the skill involved and remain on the project as long as training opportunities exist in the work classification or until the completion of the training program. It is not required that all apprentices be retained for the entire length of the contract. A Contractor will have fulfilled the responsibilities under this training provision if the Contractor has provided acceptable training to the number of apprentices specified and has complied with the training hours assigned.

B. WAGE PROGRESSIONS:

The apprentice shall be paid in accordance with the provisions of RCW 39.12.021, which reads as follows:

1. “Apprentice workmen employed upon public works projects for whom an apprenticeship agreement has been registered and approved with the State Apprenticeship Council pursuant to RCW 49.04, must be paid at least the prevailing hourly rate for an apprentice of that trade. Any workman for whom an apprenticeship agreement has not been registered and approved by the State Apprenticeship Council shall be considered to be a fully qualified journeyman, and, therefore, shall be paid at the prevailing hourly rate for journeymen.” (emphasis supplied)

Note that only apprentices registered in JATC may be paid at an apprentice level hourly rate. All other apprentices shall be paid at journeyman level regardless of status within a trade.

C. MONITORING:

The Contractor shall furnish the apprentice a copy of the program the Contractor will follow in providing the training. The Contractor shall provide each apprentice with a certification showing the type and length of training satisfactorily completed.

D. MAINTENANCE OF RECORDS:

The Contractor shall provide for the maintenance of records and furnish monthly reports documenting its performance under this Training Provision. These reports shall include payroll information showing apprentice hours worked and wages paid.

E. ASSISTANCE:

The Contractor shall advise employees and applicants for employment of available training programs and entrance requirements for each.

F. PROMOTIONS:


MC-0317218 / WP# 102365 00835-4 Rev. 02/01/12

The Contractor shall periodically review the training and promotion potential of minority and women employees and shall encourage eligible employees to apply for such training and promotion.

1.06 APPRENTICE GOALS

A. Apprentices shall constitute fifteen percent (15%) of the total craft hours.

B. The goal established for minority apprentice training is fifteen percent (15%) of the total apprentice training hours.

C. The goal established for female apprentice training is ten percent (10%) of the total apprentice training hours.

D. Although there are no specific goals at this time, the Port, in keeping with the broad intent and spirit of this program, strongly encourages the active recruitment and employment of persons with disabilities in any and all areas of employment opportunities.

End of Document

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00850 - Escrow of Bid Documentation

MC-0317218 / WP# 102365 00850-1 Rev. 9/5/08

1.01 ESCROW OF BID DOCUMENTATION

A. Scope and Purpose: The purpose of this specification is to preserve the bid documents prepared by the Contractor and certain of its Subcontractors for use by the Port in any claim for additional compensation between the Port and the Contractor arising from this contract. Accordingly, the Port reserves the right to require escrow of bid documents prepared by the Contractor and/or specified Subcontractors. The Port may require escrow of the Contractor’s bid documents at any time up to and including the date of award. The Port may require escrow of a Subcontractor’s bid documents at any time up to ten days following the date on which the Port is notified of the particular subcontract award. The categories of the subcontracted Work would typically be HVAC, Plumbing, Electrical and Other (as designated by the Port).

Upon request, the Contractor/Subcontractor(s) shall submit a legible copy of all bid documentation used to prepare the bid for this contract to a banking institution designated by the Port. Such bid documentation shall be placed in escrow with the banking institution and preserved by that institution as specified in the following sections of the specification.

B. Bid Documentation: The term “bid documentation” as used herein means;

1. All writings, working papers, computer printouts, charts and any other data compilations which contain or reflect all information, data and calculations used by the Contractor (or Subcontractor) to determine the bid in bidding for this project.

2. Includes but is not limited to Contractor (or Subcontractor) equipment rates, Contractor (or Subcontractor) overhead rates, labor rates, efficiency or productivity factors, arithmetic extensions and quotations from subcontractors and materialmen to the extent that such rates and quotations were used by the Contractor (or Subcontractor) in formulating and determining the amount of the bid.

3. All manuals, which are standard to the industry and used by the Contractor (or Subcontractor) in determining the bid for this project should be included in the bid documentation by reference.

4. Not included are bid documents provided by the Port for use by the Contractor (or Subcontractor) in bidding on this project.

C. Submittal of Bid Documentation:

1. Contractor: Within ten (10) days of the Contractor’s receipt of Notice from the Port that the Bid Escrow option will be exercised (which Notice may be included with the Notice of Intent to Award as described in G-02.03), the Contractor shall submit to the Port-specified banking institution all items described in paragraph B “Bid Documentation.” The Contractor will be notified of the banking institution to which to submit the Bid Documents.

The bid documentation shall, subject to review and verification as provided in Paragraph 1.01.E., be submitted to the Bank in a sealed package. The package shall be clearly marked “Bid Documentation” and shall show on the face of the package the Contractor’s name, the date of submittal, the project title and the contract number.


MC-0317218 / WP# 102365 00850-2 Rev. 9/5/08

2. Subcontractor(s): Within ten (10) days of Contractor’s receipt of Notice from the Port that the Bid Escrow option will be exercised as to any particular Subcontractor, that Subcontractor shall submit to the Port-specified banking institution all items described in paragraph B “Bid Documentation.” The Contractor will be notified of the banking institution to which the Subcontractor is to submit the Bid Documents.

The bid documentation shall, subject to review and verification as provided in Paragraph 1.01.E., be submitted in a sealed package. The package shall be clearly marked “Bid Documentation” and shall show on the face of the package the Subcontractor’s name, the date of submittal, the project title and the contract number.

The Port may, under appropriate circumstances, establish a separate escrow agreement for any Subcontractor for whom the Port has required the Escrow of Bid Documents.

D. Affidavit: The submittal shall contain, in addition to the bid documentation, an affidavit signed under oath by the individual(s) authorized by the Contractor/Subcontractor(s) to execute the respective bid proposal. The affidavit shall list each bid document with sufficient specificity to ensure that all of the bid documentation listed in the affidavit has been submitted. The affidavit shall show that the affiant has personally examined the bid documentation and that the affidavit lists all of the documents used by the Contractor (or Subcontractor) to determine the bid for this project and that all such bid documentation has been enclosed in the sealed container.

E. Review & Verification: At the time that the bid documentation and affidavit are placed into escrow; the Port shall have the opportunity to verify that the items submitted are consistent with this specification section and the affidavit described in paragraph D. The Port employee(s) who will verify the contents of the submittal package and affidavit will generally be identified with the Notice requiring Bid Escrow. The Port shall not have more than three representatives present at the verification meeting.

F. Supplementation: Documents listed in the affidavit but not submitted through error or oversight shall be submitted within five calendar days after the verification. Bid documentation that is illegible shall be replaced with legible copies and furnished within five calendar days after the original verification. The face of the submittal package shall show the same information as the original submittal except the package shall be marked “Supplemental Bid Documentation.” The same procedure used in verifying the contents of the submittal shall be used in verifying the supplemental submittal.

G. Duration: The bid documentation shall remain in escrow during the life of the contract and will be returned to the Contractor and any Subcontractors upon final acceptance of the contract as described in General Condition, Section G-08-10.

H. Use: In the event of any claim for additional compensation arising under this contract, the Port shall have the right to access the bid documentation and affidavit if, in the Port’s sole discretion, the Port believes that it is in its best interests to do so. In the event that the Port elects to access the bid documentation, it shall notify the Contractor and/or Subcontractor(s) of its intent to exercise the right to take possession of the documents and review the bid documentation. This notification


MC-0317218 / WP# 102365 00850-3 Rev. 9/5/08

shall not be less than five days before the Port makes application to the banking institution holding the bid documentation in escrow. Upon taking possession of the bid documentation and affidavit, the Port will then use the documents to substantiate or otherwise clarify any claims brought against it by the Contractor.

I. Refusal or Failure to Provide Bid Documentation: Failure or refusal to provide bid documentation shall be deemed a material breach of this contract. The Port may at its option refuse to make payment for progress estimates under General Conditions GC-08.04 until the Contractor and/or Subcontractor(s) has(have) submitted the bid documentation required by this specification. The Port may at its option terminate the contract for default under General Conditions GC-10.11. These remedies are not exclusive and the Port may take such other action as is available to it under the law.

The Contractor/Subcontractor(s) agrees that the sealed package(s) placed in escrow, and any supplemental sealed package(s) placed in escrow, contain all of the bid documentation used to determine the bid and that no other bid documentation shall be utilized by the Contractor/Subcontractor(s) in claims and/or litigation over claims brought by the Contractor arising out of this Contract.

J. Confidentiality of Bid Documentation: The bid documentation and affidavit in escrow are and will remain the property of the Contractor/Subcontractor(s). The Port has no interest in or right to the bid documentation and affidavit other than to verify the contents and legibility of the bid documentation unless a claim for additional compensation ensues between the Port and Contractor arising out of this contract. In the event of such a claim, the bid documentation and affidavit shall, upon the Port’s election as set forth in paragraph H, become the property of the Port for use in the negotiation of the claim, subject only to the provisions of any court order limiting or restricting the use or dissemination of the bid documentation and affidavit.

K. Cost & Instructions: The cost of the escrow will be borne by the Port. The Port will provide escrow instructions, attachment A, to the banking institution consistent with this specification.

End of Document

MC-0317218 / WP# 102365 00850A-1 Rev. 12/13/11

ESCROW AGREEMENT

FOR

CONTRACT BID DOCUMENTS

THIS ESCROW AGREEMENT is made and entered into this ________ day of ____________, ______, by and among the Port of Seattle, an agency of the State of Washington, hereinafter called the "PORT," _________________________________________ hereinafter called the CONTRACTOR," and U. S. Bank, N.A., hereinafter called the "ESCROW AGENT."

WHEREAS, the PORT and CONTRACTOR entered into that certain Construction Contract dated ________________________, hereinafter called the "CONTRACT," for the construction of Work Project Number(s)_______________________, under Major Construction Contract Number MC-_____________, pursuant to which the CONTRACTOR shall cause the work therein to be constructed; and

WHEREAS, the PORT and CONTRACTOR are desirous of entering into an ESCROW AGREEMENT, to provide for specific contingencies governing the escrow and control of Contract bid documentation, hereinafter called "BID DOCUMENTS;" and

WHEREAS, the PORT and CONTRACTOR desire the ESCROW AGENT to hold the BID DOCUMENTS of the CONTRACTOR;

NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, it is agreed by and between the parties hereto that:

ARTICLE I CONTRACT ESCROW BID DOCUMENTATION

The parties hereto agree to the establishment of ESCROW of the BID DOCUMENTS for the CONTRACT pursuant to the PORT’S Standard Specifications for Major Construction, and Supplemental Specifications or Special Provisions pertaining to construction under the contract. It is the understanding of the parties hereto that the PORT shall pay the ESCROW AGENT, as determined by Exhibit B, attached hereto, for the ESCROW of the BID DOCUMENTS submitted to the ESCROW AGENT under the terms of this Agreement.

ARTICLE I I ACKNOWLEDGEMENT

By its signature below, the ESCROW AGENT hereby acknowledges receipt from the PORT and CONTRACTOR of a sealed container bearing the CONTRACTOR’S name, address and CONTRACT Number(s) assigned by the PORT and containing the CONTRACT BID DOCUMENTS.

ARTICLE I I I DEPOSIT OF BID DOCUMENTS

At the time the BID DOCUMENTS are to be placed into ESCROW, the PORT shall have the opportunity to verify that the items submitted are consistent with the CONTRACT requirements specified in Document 00850. The BID DOCUMENTS shall remain on deposit with the ESCROW

MC-0317218 / WP# 102365 00850A-2 Rev. 12/13/11

AGENT until those conditions of release, as specified in ARTICLE IV "RELEASE FROM ESCROW", are met. As long as the BID DOCUMENTS remain in ESCROW with the ESCROW AGENT, the ESCROW AGENT shall not allow any person access, to gain possession, or to in any way interfere with the sealed BID DOCUMENT container. BID DOCUMENTS shall remain physically located within the Seattle, Washington metropolitan area.

ARTICLE IV RELEASE FROM ESCROW

Upon the PORT’S presentation of documentation signed by the PORT’S Manager, Contract Services that the Final Payment for the CONTRACT has been issued to the CONTRACTOR, the ESCROW AGENT shall release and/or deliver to the CONTRACTOR the BID DOCUMENTS.

Upon the PORT’S presentation of documentation signed by the PORT’S Manager, Contract Services, that one or both of the following conditions have occurred:

1. The CONTRACTOR has filed a claim against the PORT related to the project; or

2. The CONTRACTOR has initiated litigation against the PORT relating to the CONTRACT;

The ESCROW AGENT shall release and/or deliver to the PORT the BID DOCUMENTS within two (2) business days. Upon presentation of the documentation required by this Article, the ESCROW AGENT shall release BID DOCUMENTS as set forth in this Article without regard to whether CONTRACTOR has consented (or objected) to the release of the BID DOCUMENTATION as set forth in this Article.

Upon any release from escrow of the BID DOCUMENTS container, the party receiving the BID DOCUMENTS shall sign Exhibit A, Escrow Release for BID DOCUMENTS, as attached hereto and incorporated herein as if fully contained, by the party receiving the BID DOCUMENT container.

ARTICLE V INDEMNITY

The CONTRACTOR agrees to indemnify and hold the ESCROW AGENT harmless against any loss, claim, damage, liability or expenses incurred in connection with any action, suit, proceeding, claim or alleged liability arising from this ESCROW AGREEMENT, provided, however, that the ESCROW AGENT shall not be so indemnified or held harmless for its negligence or acts of bad faith by it or any of its agents or employees.

ARTICLE VI NOTICES

All notices and other communication shall be in writing and shall be deemed to have been duly given and delivered if mailed by certified mail, return receipt requested, postage prepaid to the addresses stated herein:

PORT:

Manager, Contract Services Port of Seattle Central Procurement Office, Pier 69 2711 Alaskan Way P.O. Box 1209 Seattle, WA 98111

MC-0317218 / WP# 102365 00850A-3 Rev. 12/13/11

CONTRACTOR:

[Contractor’s Address]

ESCROW AGENT:

U.S. BANK, National Association Attn: Ryan P. Brennan 1420 5th Ave. 7th Floor Mailcode PD-WA-T7CT Seattle, WA. 98101 (206) 344-4648 (206) 344-4630 (FAX)

ARTICLE VI I DUTIES OF ESCROW AGENT

The duties and responsibilities of the ESCROW AGENT shall be limited to those expressly set forth herein and the ESCROW AGENT shall act only in accordance with this ESCROW AGREEMENT. Notwithstanding specific provisions hereunder, the ESCROW AGENT shall at all times act upon and in accordance with the joint written instructions of the PORT and CONTRACTOR.

ARTICLE VI I I LAWS

This ESCROW AGREEMENT shall be deemed to have been executed in King County, Washington and the laws of the State of Washington shall apply.

ARTICLE IX ASSIGNMENT

This ESCROW AGREEMENT shall not be assigned without the written consent of all the parties hereto.

ARTICLE X SURVIVAL OF CONTRACT

Except as may be expressly modified, all terms and conditions of this ESCROW AGREEMENT remain in full force and effect. The establishment of this ESCROW AGREEMENT is limited solely by the contingency of release of the CONTRACT BID DOCUMENTS by the CONTRACTOR to the PORT, as established by Article IV, Release FROM ESCROW. Nothing contained herein shall alter the rights of the parties hereto.

The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day above first written.

CONTRACTOR U.S. BANK, N.A. as ESCROW AGENT

By: _____________________________________ By: _______________________________

MC-0317218 / WP# 102365 00850A-4 Rev. 12/13/11

Title: ____________________________________ Title: ______________________________

Phone Number: _________________

PORT

By: ____________________________________

Title: ____________________________________

MC-0317218 / WP# 102365 00850A-5 Rev. 12/13/11

Exhibit A

ESCROW RELEASE FOR BID DOCUMENTS

This is to certify that on this ____________ day of_____________, _______, the sealed container identified as:

Bid Documentation

Contractor:

(Address)

Contract Number(s):

Project Number(s)

County:

Date of Submittal:

(Evidenced by Agreement dated _____________).

was released from ESCROW and personally handed to the below named individual acknowledging receipt, representing the CONTRACTOR/PORT, by the ESCROW AGENT upon the presentation of the required documentation pursuant to Article IV, Release From Escrow, of that agreement dated____________________, _______, a copy of such documentation is attached hereto.

Acknowledgment of Receipt:

___________________________________

Acknowledgment of Release:

___________________________________

ESCROW AGENT

MC-0317218 / WP# 102365 00850A-6 Rev. 12/13/11

EXHIBIT B

SCHEDULE OF FEES FOR SERVICES AS

ESCROW AGENT FOR PORT OF SEATTLE

CONTRACT NUMBER MC-___________________

Customer Name / Series

Administration Fees [Billed Annually]

04460 Escrow Agent

Annual administration fee for performance of the routine duties of the escrow agent associated with the management of the account. Administration fees are payable in advance.

$[750]

Taxes

30250 All Fees are subject to Washington state sales tax at the current rate of:

[9.0]%

Direct Out of Pocket Expenses

Reimbursement of expenses associated with the performance of our duties, including but not limited to publications, legal counsel after the initial close, travel expenses and filing fees.

At Cost

Extraordinary Services

Extraordinary services are duties or responsibilities of an unusual nature, including termination, but not provided for in the governing documents or otherwise set forth in this schedule. A reasonable charge will be assessed based on the nature of the service and the responsibility involved. At our option, these charges will be billed at a flat fee or at our hourly rate then in effect.

Account approval is subject to review and qualification. Fees are subject to change at our discretion and upon written notice. Fees paid in advance will not be prorated. The fees set forth above and any subsequent modifications thereof are part of your agreement. Finalization of the transaction constitutes agreement to the above fee schedule, including agreement to any subsequent changes upon proper written notice. In the event your transaction is not finalized, any related out-of-pocket expenses will be billed to you directly. Absent your written instructions to sweep or otherwise invest, all sums in your account will remain un-invested and no accrued interest or other compensation will be credited to the account. Payment of fees constitutes acceptance of the terms and conditions set forth.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT:

MC-0317218 / WP# 102365 00850A-7 Rev. 12/13/11

To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account.

For a non-individual person such as a business entity, a charity, a Trust or other legal entity we will ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, and identification and authorization documents from individuals claiming authority to represent the entity or other relevant documentation.

Dated:

DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Document 00870 - Small Contractors and Suppliers (SCS) Utilization

MC-0317218 / WP# 102365 PART 1 00870-1 Rev. 08/01/11

PART 1 GENERAL

1.01 Policy. The Port of Seattle (POS) promotes equitable opportunities for Small Contractors and Suppliers (SCSs) to participate in the performance of public works contracts. It is the intention of the Port that Contractors, Subcontractors, and Sub-subcontractors, shall afford equal small business opportunity while providing materials, supplies, and services for and to the Port. Rules for evaluating participation and utilization of SCSs are defined in this section.

1.02 Inquiries and Information Regarding Certified SCS Firms. Information about becoming a Certified SCS Firm, as well as a Directory of Certified Firms is available at:

http://info.kingcounty.gov/exec/contractreporting/Public/SCS/default.aspx

1.03 Definitions. The following definitions shall apply throughout this Section.

A. A “Certified SCS Firm” means a business that has been certified as an SCS by King County.

1.04 Requirements.

A. SCS Utilization Requirements. The Bidder shall ensure that it subcontracts with Subcontractors, Sub-subcontractors and Suppliers for work, materials and supplies at least: 15% of the Total Bid Price to Certified SCS Firms (Total Bid Price will NOT include alternates).

B. Supplemental Bidder Responsibility Criteria. Compliance with the SCS requirements will be a supplemental bidder responsibility requirement. Bidders who fail to timely demonstrate commitment to the SCS utilization requirement will be rejected as not responsible.

1. Within 2 days after bid opening, the Bidder shall submit documentation of their commitment. The Bidder shall provide a list; see Document 00870a SCS that will identify: (1) name of the Subcontractor, Sub-subcontractor and/or Supplier and SCS Certification number; (2) brief description of the work; and (3) contract value of the subcontracted work.

2. The Bidder and Certified SCS Firms shall cooperate with the Port and provide all requested information to the Port within the time specified.

a. A bidder will only be given limited opportunity and time to remedy any failure to demonstrate compliance with the utilization requirement.

b. If the bidder fails to supply the information within the time and manner specified, the Port may find the Bidder not responsible (RCW 39.04.350).

C. Evaluating & Calculating Certified SCS Firm Utilization. For purposes of calculating the Bidder’s SCS utilization, the Port will count the Bidder’s identified Certified SCS Firm participation as follows:

1. Utilization shall be calculated as a percentage of the Bidder’s total bid price.

2. If a Certified SCS Firm is the prime contractor, the total bid price will be counted and the SCS Utilization will be 100%.


MC-0317218 / WP# 102365 1.04C.3 00870-2 Rev. 08/01/11

3. A Certified SCS Firm that is a subcontractor to the prime contractor may further subcontract a portion of the work. The Port will count the total value of the subcontracted work even if the Certified SCS subcontractor has non-Certified SCS firms doing portions of the work.

4. If a Certified SCS Firm is a supplier, the total price of the work performed (supplies) by the supplier will be counted.

5. The Port will round to the nearest tenth of a percent.

a. Example 1: Bidder A’s total base bid price is $100,000. Bidder A identified Certified SCS Firm Y to perform the mechanical work for a total value of $10,000. The SCS utilization is 10% for Bidder A.

b. Example 2: Bidder B total bid price is $100,000 and identified Certified SCS Firm Z to perform the mechanical work for the total value of $9,999.99. The SCS utilization is 9.9999% and will be rounded up to 10%.

c. Example 3: Bidder C’s total bid price is $100,000 and it identified Certified SCS Firm Y to perform the mechanical work for a total value of $9,900.00. The SCS utilization is 9.90% and will be rounded to 9.9%. Bidder C would not meet the utilization requirement.

6. Firms must be certified as SCS Firm at the time of bid opening.

7. Only Certified SCS Firms performing a commercially useful function according to custom and practice in the industry shall be counted.

a. A commercially useful function includes, but is not limited to, the performance of a distinct element of work by a firm, which has the skill and experience as well as the responsibility of actually performing, managing, and supervising the work using, its own work force, and resources.

b. No credit will accrue for a Certified SCS Firm acting merely as a passive conduit of funds to some other non-Certified SCS Firm.

c. A Certified SCS Firm that acts as a broker in a transaction shall not count towards the Bidder’s SCS utilization requirement. A broker is a firm that does not, itself, perform, manage, or supervise the work of its contract or subcontract in a manner consistent with the standard and customary business practices for Contractors or Subcontractors in its line of business.

d. In order to verify that firms indentified as Certified SCS Firms qualify and will be included in the calculation, the Port may, at its discretion, undertake verification practices and/or request additional information.

D. Substitution of Certified SCS Firms Prior to Award/Contract Execution

1. If the bidder determines, before award/contract execution, that it is necessary to substitute a Certified SCS Firm, the Bidder shall notify the POS in writing of such intent.

E. SCS Requirements During Contract Performance


MC-0317218 / WP# 102365 1.04E.1 00870-3 Rev. 08/01/11

1. Compliance. Contractor shall comply with the SCS utilization requirement. The Port will verify compliance with the requirement through the submission of monthly pay estimates (CDS system).

2. Substitution of Subcontractors After Contract Execution.

a. If the contractor proposes to substitute a Certified SCS Firm with a different Certified SCS Firm, the Port will verify the proposed Certified SCS Firm’s status.

b. If the contractor proposes to substitute a Certified SCS Firm with a non-Certified SCS Firm, the contractor shall demonstrate the steps it took to locate another qualified Certified SCS Firm and why it was unsuccessful in securing the services of a Certified SCS Firm. The Contractor will still be required to comply with the SCS utilization requirement; unless the Port, in its sole discretion, agrees to revise the SCS utilization requirement if the Contractor can demonstrate a sound basis for the substitution and that no other SCS Firms have the capacity and qualifications to perform the work.

c. The Port shall not be responsible for any costs resulting from substitution of Subcontractors.

F. Change Order.

1. The SCS utilization requirement will not apply to change orders that increase the Total Bid Price.

2. If the Total Bid Price is decreased as a result of a change order or adjustment to unit quantities and the work that was eliminated or reduced was subcontracted to a Certified SCS Firm, the SCS utilization requirement will be reduced to reflect the change.

G. Failure to comply with the SCS requirements. The Port may use failure to comply with SCS utilization requirements as additional supplemental responsibility criteria on future procurements.

End of Section

X

MC-0317218 / WP# 102365 00870a-1 Rev. 10/13/11

SMALL CONTRACTORS AND SUPPLIERS Make copies as required

Bidder: Prime Name: Total Bid Price: SCS Requirement: 15%

SCS Firm

SCS Cert.

Number

SCS Contract

Value Description of SCS Contract Work

Total

Approved by Office of Social Responsibility: Date: