CONTRACT DOCUMENTS FOR Icicle Creek Fish Passage Project · John Patrouch, PE . Jeff Moran, Project Eng. Varela and Associates, Inc. 601 W. Mallon Ave, Suite A . Spokane, WA 99201

CONTRACT DOCUMENTS FOR Icicle Creek Fish Passage Project March 16, 2020

CONTRACT DOCUMENTS FOR

Icicle Creek Fish Passage Project March 16, 2020

OWNER/CONTRACTING AGENCY Trout Unlimited PROJECT MANAGER Aaron Penvose, Washington Water Project Manager 103 Palouse Street #14 Wenatchee, WA 98801

Schedule A: City of Leavenworth Water Line Replacement PROJECT ENGINEER John Patrouch, PE Jeff Moran, Project Eng. Varela and Associates, Inc. 601 W. Mallon Ave, Suite A Spokane, WA 99201 (509) 328-6066

Schedule B: Icicle Boulder Field Passage Step Pool Channel PROJECT ENGINEER Patrick Powers, PE Waterfall Engineering, LLC 9427 Delphi Rd SW Olympia, WA 98512 (360) 701-8433

Schedule C: City of Leavenworth Fish Exclusion Project PROJECT ENGINEER Shawn Stanley, PE Wash. St. Department of Fish and Wildlife P.O. Box 43200 Olympia, WA 98504-3200 (360) 902-8304

TROUT TII{LIMITEDICICLE CREEK FISH PASSAGE PROJECT

March 2020

The technical malerial and, data contained in these Project Drawings and Specifications nereprepared under the supen'ision and direction of the undersigued rvhose seal as a professionalengineer licensed to practice as such in the State of Washington is affixed below.

SCIIEDTILE B: Icicle Boulder Field Passage - Step Pool Channel

>l rr /zoProfessional Engineer

Waterfall Engineering I.I.C9427 Delphi Rd SW

C)ly6pio. WA 98512

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TROUT UNLIMITED ICICLE CREEK FISH PASSAGE PROJECT

March 2020

The technical material and data contained in these Project Drawings and Specifications were prepared under the supervision and direction of the undersigned whose seal as a professional engineer licensed to practice as such in the State of Washington is affixed below.

SCHEDULE C: City of Leavenworth Fish Exclusion Project

_________________________ Professional Engineer

Washington State Department of Fish and Wildlife PO Box 43200

Olympia, WA 98504-3200

INDEX TO CONTRACT DOCS Page 1

1780106-03_Index to Contract Docs.docx

TITLE PAGE ENGINEERS STAMP PAGE INDEX TO CONTRACT DOCUMENTS ADVERTISEMENTS FOR BIDS BID PACKAGE EXECUTIVE SUMMARY BID (pink pages)

Bid Proposal Bidder's Qualification Statement Bid Bond RCW 39.30.060

INFORMATION FORMS (grey pages)

Agreement Performance Bond Payment Bond Notice of Award Notice to Proceed

GENERAL SPECIAL PROVISIONS (goldenrod pages) Special Provisions - Division 1 (Schedule A / Schedule B / Schedule C) Special Provisions - Division 2 through 8 (Schedule A) Special Provisions - Division 2 through 9 (Schedule B) Special Provisions - Division 2 through 9 (Schedule C) STATE/FEDERAL PREVAILING WAGE RATES (white pages) ADDENDA (Insert when issued) APPENDIX A: PERMITS (blue pages)

1) WDFW Hydraulic Project Approval, Permit Number: 2019-2-140+01 2) WDOE Water Quality Certification: Order No. 16634 3) US Army Corp of Engineers Nationwide Permit 27: NWS-2018-890 4) US Army Corp of Engineers Nationwide Permit 33: NWS-2018-890 5) US Forest Service Right of Entry Permit 6) Chelan County Shoreline Substantial Development Permit: Permit # SDP 2018-299 7) Chelan County ROW Permit: Permit #9099 8) WDOE Construction General Stormwater Permit



DRAWINGS (separately bound 11” x 17” Sheets) Schedule A: City of Leavenworth - Water Main Replacement

Sheet No. 01 Cover Sheet, Project Location Sheet No. 02 Legend, Abbreviations, Notes, Index Sheet No. 03 Contractor Staging & Coordination Sheet No. 04 Erosion Control Plan Sheet No. 05 Traffic Control Plan Sheet No. 06 Access Road Alignment Sheet No. 07 Access Road - Plan & Profile STA 10+00 to STA 14+25 Sheet No. 08 Access Road - Plan & Profile STA 14+25 to STA 20+22 Sheet No. 09 Water Main Alignment Sheet No. 10 Water Main - Plan & Profile STA 10+00 to STA 14+50 Sheet No. 11 Water Main - Plan & Profile STA 14+50 to STA 21+00 Sheet No. 12 Water Main - Plan & Profile STA 21+00 to STA 24+55 Sheet No. 13 Access Road Sections Sheet No. 14 Retaining Wall Profiles Sheet No. 15 Retaining Wall Sections Sheet No. 16 Water Main - Detail Aspect Consulting Sheet 1 of 2 Upper Wall at USFS Road Sheet 2 of 2 Lower Wall at IPID Access Road

Schedule B: Icicle Boulder Field Passage - Step Pool Channel

Sheet No. 1 Cover Sheet Sheet No. 2 Legend and Notes Sheet No. 3 Site Plan - Existing Sheet No. 4 Boulder ID Sheet - Water Management Plan Sheet No. 5 Proposed Site Plan - Overall Sheet No. 6 Proposed Plan - Upper Work Sheet No. 7 Proposed Plan - Lower Work Sheet No. 8 Step Pool Channel Profile Sheet No. 9 Sections Sheet No. 10 Sections Sheet No. 11 Sections Sheet No. 12 Sections Sheet No. 13 Sections Sheet No. 14 Sections Sheet No. 15 Step/Pool Channel Details Sheet No. 16 Rock Slope Detail Sheet No. 17 Construction BMPs Exhibit A2 TESC and Water Management Plan (prepared by Varela and Associates, Inc.)



Schedule C: City of Leavenworth Fish Exclusion Project

Sheet No. 1 Cover Sheet Sheet No. 2 Existing Conditions Plan View Sheet No. 3 Access Road Plan and Profile Sheet No. 4 Waterline Plan and Profile Sheet No. 5 Dewatering Plan, Notes, and Details Sheet No. 6 Project Notes and Details Sheet No. 7 Project Notes and Details II Sheet No. 8 Screen Vault Details Sheet No. 9 Screen Vault and Gantry Details Sheet No. 10 Screen Vault Floor Grating Layout and Details Sheet No. 11 66” Stainless Screen Assembly (By Others) Sheet No. 12 66” Stainless Screen Assembly II (By Others) Sheet No. 13 66” Stainless Screen Assembly III (By Others) Sheet No. 14 Screen Building Floor Plan Sheet No. 15 Screen Building Foundation Plan Sheet No. 16 Screen Building Roof Framing Plan Sheet No. 17 Screen Building Elevations Sheet No. 18 Screen Building Sections Sheet No. 19 Screen Building Details Sheet No. 20 Screen Building Notes Sheet No. 21 Existing Screen Building Drawings Sheet No. 22 Existing Screen Building Drawings II

ADDITIONAL CONTRACTOR INFORMATION Available digitally upon request (not bound with these contract documents) Supporting Design Documents

Geotechnical Conceptual Design Report, January 8, 2018, Project No. 170060, Aspect Consulting

Erosion and Sediment Control and Water Management Plan, July 16, 2019, revised August 30, 2019, Varela and Associates

Geotechnical Assessment of the Icicle Creek Boulder Field Study Reach Technical Report, SRFB Project #13-1342, October 14, 2016, Version 2.0, Steve Toth and Dr. Terry Swanson, Ph.D

Icicle Boulder Field Passage Design – Task 4 – Waterline Assessment, IntegriTech, September 2015

1780106-04_Bid Advertisement.docx

ADVERTISEMENT FOR BIDS


Separate sealed bids will be received by Trout Unlimited at 103 Palouse Street #14, Wenatchee, WA 98801, until 2:00 PM, April 15, 2020, and opened and read aloud at that time. The CONTRACT DOCUMENTS may be examined at the following locations. 1. Trout Unlimited, 103 Palouse Street #14, Wenatchee, WA 98801 2. Varela & Associates, Inc., 601 W. Mallon Ave. Suite A, Spokane, WA 99201 (509) 328-6066 3. Various plan centers - call Varela & Associates or visit www.varela-engr.com for list. A mandatory site visit is scheduled for April 1, 2020 at 10 am. Submittal of a bid without attending the site visit will be considered non-responsive. The proposed work includes construction of the following: Schedule A: City of Leavenworth Water Main Replacement Project • Installation of approximately 1,575 LF of 16” ductile iron water pipe and electrical and control conduit,

water valves, restraint, fittings and appurtenances including trench excavation, backfill compaction, furnishing, placing and compaction of pipe bedding material

• Construction of (2) gabion retaining walls • Excavation, removal and disposal of approximately 2,000 CY of rock boulders and earth, including

breaking of boulders • Placement and compaction of approximately 550 CY of earth fill • Furnishing, placement and compaction of approximately 2,400 SY of 6-inch thick crushed surfacing • Furnishing, placement and compaction of approximately 150 SY of 2-inch thick commercial HMA

pavement patching • Temporary traffic control and provisions for bypass pumping during construction • Temporary and permanent erosion control and water pollution control elements Schedule B: Icicle Boulder Field Passage – Step Pool Channel • Construction of a rock step-pool channel for fish passage that includes, • Large Boulder Breaking (Exposed and Buried) approximately 1560 CY • General Rock Excavation of approximately 675 CY • Removal and disposal of approximately 2235 CY of rock boulders and earth, including breaking of

boulders requiring physical and chemical methods of splitting • Excavating Four Pools of approximately 320 CY • Construction of four Rock Steps • Breaking and partial removal of Five Large Boulders in the Water • Placement and removal of erosion controls and water quality monitoring • An allocation for a second year project review and inspection and modifications as needed Schedule C: City of Leavenworth Fish Exclusion Project • Installation of approximately 260 LF of 18 inch and 26 LF of 16-inch ductile iron water pipe water

valves, restraint, fittings and appurtenances including trench excavation, backfill compaction, furnishing, placing and compaction of pipe bedding material at up to 18 feet below existing grade

• Excavation, removal and disposal of approximately 3,400 CY of rock boulders and earth, including breaking of boulders

• Demolishing and disposal of a 30 ft x 14 ft x 12 ft existing reinforced cast in place screenhouse adjacent to live water

http://www.varela-engr.com/

1780106-04_Bid Advertisement.docx

• Placement of a precast concrete vault and associated pipe and valves, installation of a fish and debris exclusion screen, metal fabrication for grating and a gantry, and construction of a wood framed building and installation of associated fixtures over that vault;

• Stream channel work and stacking of heavy loose scour protection rock • Temporary traffic control and provisions for bypass pumping during construction • Temporary and permanent erosion control and water pollution control elements The project is located approximately 5 miles southwest of the City of Leavenworth on the north bank of Icicle Creek. The work takes place in Chelan County and along a USFS road and on Icicle- Peshastin Irrigation District property. Proposals must be submitted on the forms provided in the Contract Documents. Bid bonds in an amount not less than 5% of the amount bid are to be made payable to Trout Unlimited. 100% performance and payment bonds will be required from the successful bidder. All work performed on this project will be subject to the higher of federal or state prevailing wage rates. During the performance of this contract, the Contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies. Trout Unlimited reserves the right to reject any and all bids, to waive technicalities, and in its sole judgement, accept the bid which it deems is in its best interest. Additional bid acceptance and contract award provisions are specified in the Contract Documents. Copies of the CONTRACT DOCUMENTS may be purchased at the office of Varela & Associates, Inc., here as referred to as the Issuing Agent, for $60 per set (non-refundable, see address above). For additional information regarding this project, contact: Jeff Moran at Varela & Associates, Inc., at (509) 328-6066 Or; Aaron Penvose at Trout Unlimited at (509) 881-7689


BID PACKAGE EXECUTIVE SUMMARY

1. Project Background

The proposed work includes construction of the City of Leavenworth Water Main Replacement Project, the Icicle Boulder Field Passage – Step Pool Channel, and the City of Leavenworth Fish Exclusion Project. The project is located approximately five miles southwest of the City of Leavenworth on the north bank of Icicle Creek. The work takes place in Chelan County and along a USFS road and on Icicle-Peshastin Irrigation District property. 2. Term of Contract

The term of any contract resulting from the bid shall begin on or about May 1, 2020 and is anticipated to end on or about October 30, 2020. 3. Schedule of Events

Event Date Bid Advertisement March 16, 2020

Mandatory Site Visit April 1, 2020

Deadline for receipt of written inquiries April 3, 2020

Issue responses to written inquiries April 6, 2020

Deadline for receipt of proposals April 15, 2020

Bid opening date April 15, 2020

Notice of Award announcement April 20, 2020

Contract execution on or about April 30, 2020

4. Proposal Submittal

Firms or individuals who are interested in providing services requested in this Bid Advertisement must submit a proposal containing the mandatory information specified in the Call for Bids and the Bid Documents. The proposal must be received in a sealed envelope, with the Project Name as stated in the Call for Bids, clearly marked on the outside of the envelope, or as otherwise required in the Bid Documents, to ensure proper handling and delivery. Bids must be received on or before 2:00 PM local time on the date specified in the Schedule of Events and the Bid Documents. The proposal package should be delivered to:

Theo Burgoon Trout Unlimited 103 Palouse Street #14 Wenatchee, WA 98801

Proposals may also be submitted via email to: Theo Burgoon: [email protected] The Subject line of the email shall clearly state the email is a Bid Proposal with the Project Name as stated in the Call for Bids. Trout Unlimited is not responsible for untimely delivery of digital submittals and cannot guarantee internet service at the time called for bids to be received. The Contracting Agency will not open or consider any Bid Proposal that is received after the time specified in the Call for Bids for receipt of Bid Proposals or received in a location other than that specified in the Call for Bids. No faxes will be accepted. 5. Proposer Inquiries

The Contracting Agency will consider written inquiries and requests for clarification about the meaning or intent of the Bid Documents received from potential Proposers. Written inquiries must be submitted to the Engineer listed below no later than five working days prior to the bid opening date specified in the Schedule of Events and the Call for Bids.

Jeff Moran, Project Engineer Varela and Associates, Inc. 601 W. Mallon Ave, Suite A Spokane, WA 99201

Jeff Moran: [email protected] The Contracting Agency shall reserve the right to modify the Bid Documents should a change be identified that is in the best interest of the Contracting Agency. Official responses to all questions submitted by potential Proposers will be answered in the form of an Addenda. 6. Bid Documents

The Bid Documents and complete Contract includes these parts: the Contract Form, Bidder’s completed Proposal Form, Contract Plans, Contract Provisions, Standard Specifications, Standard Plans, Addenda, Permits, various certifications and affidavits, supplemental agreements, change orders, and subsurface boring logs (if any). For additional information, see 1.04-2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda.

mailto:[email protected]


BID PROPOSAL ICICLE CREEK FISH PASSAGE PROJECT

Page 1

1780106-05_Bid Proposal.docx

BID PROPOSAL

TO: Trout Unlimited 103 Palouse Street #14 Wenatchee, WA 98801

Bid From:

The undersigned hereby certifies that he/she has personally examined the location and construction details

of work as outlined on the contract plans and specifications for the ICICLE CREEK FISH PASSAGE

PROJECT, and has read thoroughly and understands the plans and specifications and contract governing

the work embraced in this improvement, and the method by which payment will be made for said work,

and hereby proposes to undertake and complete the work embraced in this improvement in accordance with

said plans, specifications and contract, at the following schedule of rates and prices.


Page 2


(Note: Unit prices for all items, all extensions, and total amount of bid must be shown.)

BID PROPOSAL

TROUT UNLIMITED ICICLE CREEK FISH PASSAGE PROJECT Bid Proposal Item No. Description Section

Est. Quan

. Unit Unit Price Amount

ALL SCHEDULES DIVISION 1 GENERAL REQUIREMENTS 1-05 Control of Work

1 Roadway and Utilities Surveying 1-05.4 (GSP) 1 LS $ $ 2 Redline Drawings 1-18 (GSP) 1 LS $ $

1-09 Measurement and Payment 3 Mobilization and Administration 1-09.7 1 LS $ $

1-10 Temporary Traffic Control 4 Project Temporary Traffic Control 1-10 1 LS $ $

All Schedules Subtotal……………………………………………………………………………………………………………… $

Sales Tax (8.3%)……...……………………………………………………………………………………………………………… $

All Schedules Total Amount Bid…………………………………………………………………………………………………. $


Page 3


Item No. Description Section Est. Quan. Unit Unit Price Amount

SCHEDULE A: CITY OF LEAVENWORTH WATER MAIN REPLACEMENT DIVISION 2 EARTHWORK

2-03 Roadway Excavation and Embankment

5 Roadway Excavation Including Haul 2.03 (GSP) 1,950 CY $ $

6 Common Borrow including Haul 2.03.3(14)K 200 CY $ $

7 Embankment Compaction 2.03.3(14)C 550 CY $ $ DIVISION 4 BASES 4-04 Ballast and Crushed Surfacing

8 6-inch Crushed Surfacing Base Course 4-04 2,400 SY $ $ DIVISION 5 SURFACE TREATMENTS AND PAVEMENTS 5-04 Hot Mix Asphalt

9 2-inch Commercial HMA 5-04 150 SY $ $ DIVISION 7 DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 7-05 Manholes, Inlets, Catch Basins and Drywells

10 Catch Basin Type 2 60 Inch Dia. 7-05 (GSP) 1 EA $ $ 7-08 General Pipe Installation Requirements

11 Gravel Backfill for Pipe Zone Bedding 7-08 (GSP) 1,590 LF $ $ 7-09 Water Mains

12 Ductile Iron Pipe for Water Main 16 In. Diam 7-09 1,575 LF $ $

13 Ductile Iron Pipe for Water Main 12 In. Diam 7-09 15 LF $ $

14 Rock Excavation 7-09 (GSP) 200 LF $ $

7-12 Valves for Water Mains 15 Gate Valve 16 In. 7-12 2 EA $ $

7-14 Hydrants 16 Hydrant Assembly 7-14 1 EA $ $


Page 4


Item No. Description Section Est.

Quan.

Unit Unit Price Amount

8-01 Erosion Control and Water Pollution Control

17 ESC Lead 8-01 20 Day $ $

18 Biodegradable Erosion Control Blanket 8-01 (GSP) 600 SY $ $

19 Stabilized Construction Entrance 8-01 100 SY $ $

20 Silt Fence 8-01 1,800 LF $ $

8-20 Illumination Traffic Signal System, ITS, and Electrical

21 Conduit Pipe 2 In. Diam. 8-20.3(5) 3,000 LF $ $

22 Conduit Pipe 3 In. Diam. 8-20.3(5) 1,500 LF $ $

8-24 Rock and Gravity Block Wall and Gabion Cribbing

23 Gabion Cribbing 8-24 (GSP) 345 CY $ $

8-50 Emergency Bypass Pumping

24 Bypass Pumping - Procurement 8-50 (GSP) 1 LS $ $

25 Bypass Pumping - Setup, Installation and Removal 8-50 (GSP) 1 LS $ $

26 Bypass Pumping - Operation 8-50 (GSP) 20 Day $ $

Schedule A Subtotal……………………………………………………………………………………………………….……… $

Sales Tax (8.3%)…….…………………………………………………………………………………………………………… $

Schedule A Total Amount Bid…………………………………………………………………………………………..………. $


Page 5


Item No. Description Section Est. Quan. Unit Unit Price Amount

SCHEDULE B: ICICLE BOULDER FIELD PASSAGE - STEP POOL CHANNEL DIVISION 2 EARTHWORK

2-03 Roadway Excavation and Embankment

27 Rock Excavation and Disposal 2-03 (GSP) 2,235 CY $ $

DIVISION 8 MISCELLANEOUS CONSTRUCTION 28 Erosion and Water Pollution Control 8-01 (GSP) 1 LS $ $

29 Access 8-19 (GSP) 1 LS $ $

30 Pool Excavation 8-26 (GSP) 320 CY $ $

31 Step Construction 8-27 (GSP) 4 EA $ $

32 Modify Boulder 19 and 77 8-28 (GSP) 1 LS $ $

33 Modify Boulder 28, 50,and 51 Removal 8-30 (GSP) 1 LS $ $

34 Boulder Placement 8-31 (GSP) 25 EA $ $

35 Year 2 Project Modifications 8-32 (GSP) 1 LS $ $

Schedule B Subtotal……………………………………………………………………………………………………………… $

Sales Tax (8.3%)………………………………………………………………………………………………………………… $

Schedule B Total Amount Bid…………………………………………………………………………………….……………. $


Page 6


Item No. Description Section

Est. Quan

. Unit Unit Price Amount

SCHEDULE C: CITY OF LEAVENWORTH - FISH EXCLUSION PROJECT (to be issued via Addendum)

$ $

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Schedule C Subtotal……………………………………………………………………………………………………………… $

Sales Tax (8.3%)………………………………………………………………………………………………………………… $

Schedule C Total Amount Bid………………………………………………………………………………….………………. $

TOTAL AMOUNT BID (Total of all Schedules): $


Page 7


Bidder agrees and understands that:

IF Bid Schedule(s) does not include a separate line item for state sales tax applicable to this construction,

all applicable taxes have been included in the bid items listed herein.

BIDDER is hereby advised that by signature of this proposal, he/she is deemed to have acknowledged all

requirements and signed all certificates contained herein.

A Bid Bond is an amount of five percent (5%) of the total bid, based upon the approximate estimate of

quantities at the above prices and in the form as stipulated in the contract documents, is attached hereto.

BIDDER acknowledges receipt of the following ADDENDA:

Addendum No. _________________________ Dated ________________________ Addendum No. _________________________ Dated ________________________ Addendum No. _________________________ Dated ________________________ SUBMITTED BY: _____________________________________ Company Name _____________________________________ Address _____________________________________ _______________________________ Phone No. WA Unified Business Identifier (UBI) Contractor’s License Number Contractor’s Federal ID Number _____________________________ Signature Date

ALL SCHEDULES Page 1 of 2

1780106-06_Bidders Qualification Statement.docx

BIDDER’S QUALIFICATION STATEMENT The BIDDER hereby furnishes the following information to the OWNER as a requirement of his BID. The

BIDDER understands that failure to submit this information may be reason for the OWNER to reject his

bid as being non-responsive.

Statement of BIDDER’S Qualifications:

1. Years in business:

2. Number of projects currently under construction:

3. Gross value of work under construction:

4. Gross value of work not completed:

5. Type of work by percent of gross:

6. List all projects in past 5 years similar to this project. Specifically list and note project experience

working in and around water with ESA listed stocks of fish present.

DATE PROJECT COST OWNER/PHONE ENGINEER/PHONE

ALL SCHEDULES Page 2 of 2

1780106-06_Bidders Qualification Statement.docx

7. List major equipment to be used on this project and whether it is owner, rented or leased*

8. List all bonding companies and agents in past 10 years and time with each* (including contact

persons and phone numbers).

9. List all banks in past 10 years and time with each* (including contact persons and phone numbers).

10. The Bidder shall provide a copy of latest financial statement if requested by the Owner.

Submitted by: Company Mailing Address Signature City, State Zip Name and Title *Attach additional pages if needed.

PENAL SUM FORM

EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee.

Page 1 of 2

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): BID Bid Due Date: Description (Project Name and Include Location): BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

PENAL SUM FORM

EJCDC C-430 Bid Bond (Penal Sum Form) Prepared by the Engineers Joint Contract Documents Committee.

Page 2 of 2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

1780106-08_RCW 39.30.060.docx

RCW 39.30.060. Every invitation to bid on a contract that is expected to cost one million dollars or more for the construction, alteration, or repair of any public building or public work of the state or a state agency or municipality as defined under RCW 39.04.010, or an institution of higher education as defined under RCW 28B.10.016, shall require each prime contract bidder to submit as part of the bid, or within one hour after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of heating, ventilation, air conditioning, and plumbing as described in chapter 18.106 RCW, and electrical as described in chapter 19.28 RCW, or to name itself for the work. The prime contract bidder shall not list more than one subcontractor for each category of the work identified, unless subcontractors vary with bid alternates, in which case the bidder must indicate which subcontractor will be used for which alternate. Failure of the prime contract 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 prime contractor bidder’s bid nonresponsive and, therefore, void. The requirement of this section to name the prime contract bidder’s proposed heating, ventilation and air conditioning, plumbing, and electrical subcontractors applies only to proposed heating, ventilation and air conditioning, plumbing, and electrical subcontractors who will contract directly with the prime contract bidder submitting the bid to the public entity. It is the BIDDER’S sole responsibility to comply with these requirements (attach additional pages if needed).

BIDDER’S SUBCONTRACTOR LIST

Categories of Work

Subcontractor Name/Address or Bidder’s name if will self-perform heating, ventilation, air conditioning, plumbing or electric.

AGREEMENT Page 1 of 3

1780106-09_Std Agreement.docx

AGREEMENT

THIS AGREEMENT, made this day of , 20 , by and between

, herein called “OWNER” and doing business as a corporation, hereinafter called

“CONTRACTOR.”

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR will commence and complete the construction of

(hereinafter called “PROJECT”).

2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and other

services necessary for the construction and completion of the PROJECT described herein.

3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS

within calendar days after the date of the NOTICE TO PROCEED and will complete the

same within calendar days unless the period for completion is extended otherwise by the

CONTRACT DOCUMENTS.

4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT

DOCUMENTS and comply with the terms therein for the sum of ($ ) or as shown in

the BID schedule.

5. The term “CONTRACT DOCUMENTS” means and includes the items referenced in the INDEX

(executed where required), CHANGE ORDERS, and ADDENDA listed as follows:

ADDENDA:

No. , dated

No. , dated

No. , dated

No. , dated



6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the

General Conditions such amounts as required by the CONTRACT DOCUMENTS.

7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,

administrators, successors, and assigns.

IN WITNESS WHEREOF, the parties have executed or caused to be executed by their duly authorized

official, this Agreement in two (2) copies each of which shall be deemed an original on the date first above

written.

ATTEST: Owner

Signature Signature

Name (Please Type) Name (Please Type)

Title (Please Type) Title (Please Type)

SEAL



ATTEST: Contractor

Signature Signature

Name (Please Type) Name (Please Type)

Title (Please Type) Address (Please Type)

SEAL Employer ID Number Telephone No.

EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee.

Page 1 of 3

PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number:

Date (Not earlier than Effective Date of Agreement):

Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary.


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Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner’s right, if any, subsequently to declare a Contractor Default; and

2.2 Owner has declared a Contractor Default and formally terminated Contractor’s right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and

2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.

3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety’s expense, take one of the following actions:

3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent

contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for

performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or

3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or

2. Deny liability in whole or in part and notify Owner citing reasons therefor.

4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor’s right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:


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5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor’s Default, and

resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused

by delayed performance or non-performance of Contractor.

6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions.

11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract.

11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof.

FOR INFORMATION ONLY – (Name, Address and Telephone) Surety Agency or Broker: Owner’s Representative (Engineer or other party):

EJCDC C-615 Payment Bond Prepared by the Engineers Joint Contract Documents Committee.

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PAYMENT BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number:

Date (Not earlier than Effective Date of Agreement):

Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) (Seal) Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary.


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1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to Owner, this obligation shall be null and void if Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due.

4. Surety shall have no obligation to Claimants under this Bond until:

4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2 Claimants who do not have a direct contract with Contractor:

1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and

2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor.

5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance.

6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety’s expense take the following actions:

6.1 Send an answer to that Claimant, with a copy to Owner, within 60 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2 Pay or arrange for payment of any undisputed amounts.

7. Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety.

8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner’s priority to use the funds for the completion of the Work.

9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to


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the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. Definitions

15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof.

FOR INFORMATION ONLY – (Name, Address, and Telephone) Surety Agency or Broker: Owner’s Representative (Engineer or other party):

1780106-12 WSDOT Notice of Award.doc

NOTICE OF AWARD

To:

Date:

Project:

The OWNER has considered the BID submitted by you for the above described WORK. You are hereby notified that your BID has been accepted for items in the amount of __________________________________________ Dollars and zero Cents ($ ). You are required by the Information for Bidders to execute the Contract and furnish the required CONTRACTOR’s Performance and Payment BONDs and certificate of insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Contract and to furnish said BONDs within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of , 20_____.

Owner

By:

Title:

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged

by

Dated this day of ________________________, 20_____ By: _____________________________________________________

Title: ____________________________________________________

VA Std WSDOT NTP

NOTICE TO PROCEED

To: Date:

Project:

You are hereby notified to commence WORK, in accordance with the Agreement dated , on or

before ; and you are to complete the WORK within consecutive [working / calendar] days

thereafter. The date of completion of all WORK is, therefore, .

Owner

By:

Title:

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF PROCEED is hereby acknowledged by .

Dated this day of , 20 .

By:

Title:

SPECIAL PROVISONS - Division 1 Trout Unlimited - Icicle Creek Fish Passage 1

SCHEDULE A: 1 CITY OF LEAVENWORTH - WATER MAIN REPLACEMENT 2

3 SCHEDULE B: 4

ICICLE BOULDER FIELD PASSAGE - STEP POOL CHANNEL 5 6

SCHEDULE C: 7 CITY OF LEAVENWORTH - FISH EXCLUSION PROJECT 8

9 INTRODUCTION TO THE SPECIAL PROVISIONS - DIVISION 1 10

11 (August 14, 2013 APWA GSP) 12 13 The work on this project shall be accomplished in accordance with the Standard Specifications 14 for Road, Bridge and Municipal Construction, 2018 edition, as issued by the Washington State 15 Department of Transportation (WSDOT) and the American Public Works Association (APWA), 16 Washington State Chapter (hereafter “Standard Specifications”). The Standard 17 Specifications, as modified or supplemented by the Amendments to the Standard 18 Specifications and these Special Provisions, all of which are made a part of the Contract 19 Documents, shall govern all of the Work. 20 21 These Special Provisions consist of both General Special Provisions (GSPs) from various 22 sources, which may have project-specific fill-ins; and project-specific Special Provisions. Each 23 Provision either supplements, modifies, or replaces the comparable Standard Specification, 24 or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or 25 portion of the Standard Specifications is meant to pertain only to that particular portion of the 26 section, and in no way should it be interpreted that the balance of the section does not apply. 27 28 The project-specific Special Provisions are not labeled as such. The GSPs are labeled under 29 the headers of each GSP, with the effective date of the GSP and its source. For example: 30 31 (March 8, 2013 APWA GSP) 32 (April 1, 2013 WSDOT GSP) 33 (May 1, 2013 VA GSP) 34 35 Also incorporated into the Contract Documents by reference are: 36

• Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted 37 edition, with Washington State modifications, if any 38

• Standard Plans for Road, Bridge and Municipal Construction, WSDOT/APWA, current 39 edition 40

41 Contractor shall obtain copies of these publications, at Contractor’s expense. 42 43 44


1-01 Definitions and Terms 1 2 1-01.3 Definitions 3

(January 4, 2016 APWA GSP) 4 5 Delete the heading Completion Dates and the three paragraphs that follow it, and replace 6 them with the following: 7

8 Dates 9

10 Bid Opening Date 11

The date on which the Contracting Agency opens and reads the Bids. 12 13

Award Date 14 The date of the formal decision of the Contracting Agency to accept the lowest responsible 15 and responsive Bidder for the Work. 16

17 Contract Execution Date 18

The date the Contracting Agency officially binds the Agency to the Contract. 19 20

Notice to Proceed Date 21 The date stated in the Notice to Proceed on which the Contract time begins. 22

23 Substantial Completion Date 24

The day the Engineer determines the Contracting Agency has full and unrestricted use 25 and benefit of the facilities, both from the operational and safety standpoint, any remaining 26 traffic disruptions will be rare and brief, and only minor incidental work, replacement of 27 temporary substitute facilities, plant establishment periods, or correction or repair remains 28 for the Physical Completion of the total Contract. 29

30 Physical Completion Date 31

The day all of the Work is physically completed on the project. All documentation required 32 by the Contract and required by law does not necessarily need to be furnished by the 33 Contractor by this date. 34

35 Completion Date 36

The day all the Work specified in the Contract is completed and all the obligations of the 37 Contractor under the contract are fulfilled by the Contractor. All documentation required 38 by the Contract and required by law must be furnished by the Contractor before 39 establishment of this date. 40

41 Final Acceptance Date 42

The date on which the Contracting Agency accepts the Work as complete. 43 44 Supplement this Section with the following: 45 46 All references in the Standard Specifications, Amendments, or WSDOT General Special 47 Provisions, to the terms “Department of Transportation”, “Washington State Transportation 48 Commission”, “Commission”, “Secretary of Transportation”, “Secretary”, “Headquarters”, and 49 “State Treasurer” shall be revised to read “Contracting Agency”. 50

51


All references to the terms “State” or “state” shall be revised to read “Contracting Agency” 1 unless the reference is to an administrative agency of the State of Washington, a State statute 2 or regulation, or the context reasonably indicates otherwise. 3

4 All references to “State Materials Laboratory” shall be revised to read “Contracting Agency 5 designated location”. 6

7 All references to “final contract voucher certification” shall be interpreted to mean the 8 Contracting Agency form(s) by which final payment is authorized, and final completion and 9 acceptance granted. 10

11 Additive 12 A supplemental unit of work or group of bid items, identified separately in the Bid Proposal, 13 which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid. 14

15 Alternate 16 One of two or more units of work or groups of bid items, identified separately in the Bid 17 Proposal, from which the Contracting Agency may make a choice between different methods 18 or material of construction for performing the same work. 19

20 Business Day 21 A business day is any day from Monday through Friday except holidays as listed in Section 1-22 08.5. 23

24 Contract Bond 25 The definition in the Standard Specifications for “Contract Bond” applies to whatever bond 26 form(s) are required by the Contract Documents, which may be a combination of a Payment 27 Bond and a Performance Bond. 28

29 Contract Documents 30 See definition for “Contract”. 31

32 Contract Time 33 The period of time established by the terms and conditions of the Contract within which the 34 Work must be physically completed. 35

36 Notice of Award 37 The written notice from the Contracting Agency to the successful Bidder signifying the 38 Contracting Agency’s acceptance of the Bid Proposal. 39 40 Notice to Proceed 41 The written notice from the Contracting Agency or Engineer to the Contractor authorizing and 42 directing the Contractor to proceed with the Work and establishing the date on which the 43 Contract time begins. 44

45 Traffic 46 Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and 47 equestrian traffic. 48 49


1-02 Bid Procedures and Conditions 1 2 1.02.2 Plans and Specifications 3 (April 1, 2014 VA GSP) 4 5 Delete this section in its entirety and replace it with the following: 6 7 Information as to where Bid Documents can be obtained or reviewed can be found in the Call 8 for Bids (Advertisement for Bids) for the work. 9

10 After award of the contract, plans and specifications will be issued to the Contractor at no cost 11 as detailed below: 12

13 To Prime Contractor No. of Sets Basis of Distribution Contract Plans (11" x 17") 4 Furnished automatically

upon award. Contract Plans (22" x 34") 1 Furnished automatically

upon award (for Redline Drawings).

Contract Provisions

4 Furnished automatically upon award.

14 Additional plans and Contract Provisions may be obtained by the Contractor from the source 15 stated in the Call for Bids, at the Contractor’s own expense. 16 17 1-02.4(1) General 18 (November 13, 2018 VA GSP) 19 20 Delete the first sentence of the seventh paragraph and replace with the following: 21 22 All questions about the meaning or intent of the Bid Documents shall be submitted to the 23 Engineer in writing no later than 8 working days prior to the bid opening date to allow for 24 questions to be answered in the form of an Addenda. 25 26 1-02.5 Proposal Forms 27 (July 31, 2017 APWA GSP) 28 29 Delete this section and replace it with the following: 30 31 The Proposal Form will identify the project and list estimated quantities, units of measurement, 32 the items of work, and the materials to be furnished at the unit bid prices. The bidder shall 33 complete spaces on the proposal form that call for, but are not limited to, unit prices; 34 extensions; summations; the total bid amount; signatures; date; and, where applicable, retail 35 sales taxes and acknowledgment of addenda; the bidder’s name, address, telephone number, 36 and signature; a State of Washington Contractor’s Registration Number; and a Business 37 License Number, if applicable. Bids shall be completed by typing or shall be printed in ink by 38 hand, preferably in black ink. The required certifications are included as part of the Proposal 39 Form. 40

41


The Contracting Agency reserves the right to arrange the proposal forms with alternates and 1 additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all 2 alternates and additives set forth in the Proposal Form unless otherwise specified. 3 4 1-02.6 Preparation of Proposal 5 (July 11, 2018 APWA GSP) 6 7 Supplement the second paragraph with the following: 8

4. If a minimum bid amount has been established for any item, the unit or lump sum 9 price must equal or exceed the minimum amount stated. 10

5. Any correction to a bid made by interlineation, alteration, or erasure, shall be 11 initialed by the signer of the bid. 12

13 Delete the fourth paragraph beginning with “The Bidder shall submit with the Bid a 14 completed Underutilized….” 15 16 Delete the last two paragraphs, and replace them with the following: 17 18 If no Subcontractor is listed, the Bidder acknowledges that it does not intend to use any 19 Subcontractor to perform those items of work. 20 21 The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. 22 23 A bid by a corporation shall be executed in the corporate name, by the president or a vice 24 president (or other corporate officer accompanied by evidence of authority to sign). 25 26 A bid by a partnership shall be executed in the partnership name and signed by a partner. A 27 copy of the partnership agreement shall be submitted with the Bid Form if any UDBE 28 requirements are to be satisfied through such an agreement. 29 30 A bid by a joint venture shall be executed in the joint venture name and signed by a member 31 of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form 32 if any UDBE requirements are to be satisfied through such an agreement. 33 34 1-02.7 Bid Deposit 35 (March 8, 2013 APWA GSP) 36 37 Supplement this section with the following: 38

39 Bid bonds shall contain the following: 40

41 1. Contracting Agency-assigned number for the project 42 2. Name of the project; 43 3. The Contracting Agency named as obligee; 44 4. The amount of the bid bond stated either as a dollar figure or as a percentage which 45

represents five percent of the maximum bid amount that could be awarded; 46 5. Signature of the bidder’s officer empowered to sign official statements. The signature 47

of the person authorized to submit the bid should agree with the signature on the 48 bond, and the title of the person must accompany the said signature; 49

6. The signature of the surety’s officer empowered to sign the bond and the power of 50 attorney. 51


1 If so stated in the Contract Provisions, bidder must use the bond form included in the Contract 2 Provisions. 3

4 If so stated in the Contract Provisions, cash will not be accepted for a bid deposit. 5 6 1-02.9 Delivery of Proposal 7 (May 17, 2018 APWA GSP, Option A) 8 9 Delete this section and replace it with the following: 10

11 Each Proposal shall be submitted in a sealed envelope, with the Project Name as stated in 12 the Call for Bids clearly marked on the outside of the envelope, or as otherwise required in the 13 Bid Documents, to ensure proper handling and delivery. 14 15 Proposals may also be submitted via email to: 16 17 Theo Burgoon at: [email protected] 18 19 Subject line of the email shall clearly state the email is a Bid Proposal with the Project Name 20 as stated in the Call for Bids. Trout Unlimited is not responsible for untimely delivery of digital 21 submittals and cannot guarantee internet service at the time called for bids to be received. 22 23 The Contracting Agency will not open or consider any Bid Proposal that is received after the 24 time specified in the Call for Bids for receipt of Bid Proposals or received in a location other 25 than that specified in the Call for Bids. 26 27 1-02.10 Withdrawing, Revising, or Supplementing Proposal 28 (July 23, 2015 APWA GSP) 29 30 Delete this section, and replace it with the following: 31

32 After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may withdraw, 33 revise, or supplement it if: 34 35

1. The Bidder submits a written request signed by an authorized person and 36 physically delivers it to the place designated for receipt of Bid Proposals, and 37

2. The Contracting Agency receives the request before the time set for receipt of 38 Bid Proposals, and 39

3. The revised or supplemented Bid Proposal (if any) is received by the Contracting 40 Agency before the time set for receipt of Bid Proposals. 41

42 If the Bidder’s request to withdraw, revise, or supplement its Bid Proposal is received before 43 the time set for receipt of Bid Proposals, the Contracting Agency will return the unopened 44 Proposal package to the Bidder. The Bidder must then submit the revised or supplemented 45 package in its entirety. If the Bidder does not submit a revised or supplemented package, then 46 its bid shall be considered withdrawn. 47

48 Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded 49 by the Contracting Agency and returned unopened. Mailed, emailed, or faxed requests to 50 withdraw, revise, or supplement a Bid Proposal are not acceptable. 51 52



1-02.12 Public Opening of Proposals 1 (April 1, 2014 VA GSP) 2 3 Supplement this section with the following: 4

5 Date of Opening Bids 6 Sealed bids are to be received at the following location prior to the time Specified: 7

8 Trout Unlimited 9 103 Palouse Street #14 10 Wenatchee, WA 98801 11

or 12 [email protected] 13

14 Sealed bids will be received until 2:00 P.M. on April 9, 2020 and will then and there be opened 15 and read aloud. If received after this time, the bid will not be considered. Each bid must be 16 submitted in a sealed envelope, or emailed, and marked with the project name. No faxes will 17 be accepted. All Bids properly received will be opened and read after 2:00 pm. 18 19 1-02.15 Pre-Award Information 20 (August 14, 2013 APWA GSP) 21 22 Revise this section to read: 23

24 Before awarding any contract, the Contracting Agency may require one or more of these items 25 or actions of the apparent lowest responsible bidder: 26

27 1. A complete statement of the origin, composition, and manufacture of any or all 28

materials to be used, 29 2. Samples of these materials for quality and fitness tests, 30 3. A progress schedule (in a form the Contracting Agency requires) showing the order 31

of and time required for the various phases of the work, 32 4. A breakdown of costs assigned to any bid item, 33 5. Attendance at a conference with the Engineer or representatives of the Engineer, 34 6. Obtain, and furnish a copy of, a business license to do business in the city or county 35

where the work is located. 36 7. Any other information or action taken that is deemed necessary to ensure that the 37

bidder is the lowest responsible bidder. 38 39 1-03.1 Consideration of Bids 40 (January 23, 2006 APWA GSP) 41 42 Revise the first paragraph to read: 43 44 After opening and reading proposals, the Contracting Agency will check them for correctness 45 of extensions of the prices per unit and the total price. If a discrepancy exists between the 46 price per unit and the extended amount of any bid item, the price per unit will control. If a 47 minimum bid amount has been established for any item and the bidder’s unit or lump sum 48 price is less than the minimum specified amount, the Contracting Agency will unilaterally revise 49 the unit or lump sum price, to the minimum specified amount and recalculate the extension. 50 The total of extensions, corrected where necessary, including sales taxes where applicable 51 and such additives and/or alternates as selected by the Contracting Agency, will be used by 52



the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and 1 the amount of the contract bond. 2 3 1-03.4 Contract Bond 4 (July 23, 2015 APWA GSP) 5 6 Delete the first paragraph and replace it with the following: 7 8 The successful bidder shall provide executed payment and performance bond(s) for the full 9 contract amount. The bond may be a combined payment and performance bond; or be 10 separate payment and performance bonds. In the case of separate payment and performance 11 bonds, each shall be for the full contract amount. The bond(s) shall: 12

13 1. Be signed by an approved surety (or sureties) that: 14

a. Is registered with the Washington State Insurance Commissioner, and 15 b. Appears on the current Authorized Insurance List in the State of Washington 16

published by the Office of the Insurance Commissioner, 17 2. Guarantee that the Contractor will perform and comply with all obligations, duties, and 18

conditions under the Contract, including but not limited to the duty and obligation to 19 indemnify, defend, and protect the Contracting Agency against all losses and claims 20 related directly or indirectly from any failure: 21 a. Of the Contractor (or any of the employees, subcontractors, or lower tier 22

subcontractors of the Contractor) to faithfully perform and comply with all contract 23 obligations, conditions, and duties, or 24

b. Of the Contractor (or the subcontractors or lower tier subcontractors of the 25 Contractor) to pay all laborers, mechanics, subcontractors, lower tier 26 subcontractors, material person, or any other person who provides supplies or 27 provisions for carrying out the work; 28

3. Be conditioned upon the payment of taxes, increases, and penalties incurred on the 29 project under titles 50, 51, and 82 RCW; and 30

4. Be accompanied by a power of attorney for the Surety’s officer empowered to sign the 31 bond; and 32

5. Be signed by an officer of the Contractor empowered to sign official statements (sole 33 proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed by 34 the president or vice president, unless accompanied by written proof of the authority 35 of the individual signing the bond(s) to bind the corporation (i.e., corporate resolution, 36 power of attorney, or a letter to such effect signed by the president or vice president). 37

38 1-03.7 Judicial Review 39 (November 30, 2018 APWA GSP) 40 41 Revise this section to read: 42

43 Any decision made by the Contracting Agency regarding the Award and execution of the 44 Contract or Bid rejection shall be conclusive subject to the scope of judicial review permitted 45 under Washington Law, and shall be governed and interpreted in accordance with the laws of 46 the State of Washington. Such review, if any, shall be timely filed in the Superior Court of 47 Chelan County where the Contracting Agency headquarters is located, provided that where 48 an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. 49 50


1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, 1 and Addenda 2 (March 13, 2012 APWA GSP) 3 4 Revise the second paragraph to read: 5

6 Any inconsistency in the parts of the contract shall be resolved by following this order of 7 precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 8 9

1. Addenda, 10 2. Proposal Form, 11 3. Special Provisions, 12 4. Contract Plans, 13 5. Amendments to the Standard Specifications, 14 6. Standard Specifications, 15 7. WSDOT Standard Plans for Road, Bridge, and Municipal Construction, 2018 16

edition 17 18

1-04.6 Variation in Estimated Quantities 19 (July 23, 2015 APWA GSP) 20 21 Revise the first paragraph to read: 22 23 Payment to the Contractor will be made only for the actual quantities of Work performed and 24 accepted in conformance with the Contract. When the accepted quantity of Work performed 25 under a unit item varies from the original Proposal quantity, payment will be at the unit Contract 26 price for all Work unless the total accepted quantity of any Contract item, adjusted to exclude 27 added or deleted amounts included in change orders accepted by both parties, increases or 28 decreases by more than 25 percent from the original Proposal quantity, and if the total 29 extended bid price for that item at time of award is equal to or greater than 10 percent of the 30 total contract price at time of award. In that case, payment for contract work may be adjusted 31 as described herein: 32 33 1-05 CONTROL OF WORK 34 35 1-05.4 Conformity with and Deviations from Plans and Stakes 36 (June 1, 2016 VA GSP) 37 38 Supplement this section with the following: 39 40 Contractor Construction Staking 41 Copies of the Contracting Agency provided primary survey control data are available for the 42 bidder's inspection at the office of the Project Engineer. 43

44 The Contractor shall be responsible for setting, maintaining, and resetting all alignment stakes, 45 slope stakes, and grades necessary for the construction of the roadbed, drainage, surfacing, 46 paving, channelization and pavement marking, illumination and signals, guardrails and 47 barriers, and signing. Except for the survey control data to be furnished by the Contracting 48 Agency, calculations, surveying, and measuring required for setting and maintaining the 49 necessary lines and grades shall be the Contractor's responsibility. 50

51


The Contractor shall inform the Engineer when monuments are discovered that were not 1 identified in the Plans and construction activity may disturb or damage the monuments. All 2 monuments noted on the plans “DO NOT DISTURB” shall be protected throughout the length 3 of the project or be replaced at the Contractors expense. 4

5 Detailed survey records shall be maintained, including a description of the work performed on 6 each shift, the methods utilized, and the control points used. The record shall be adequate to 7 allow the survey to be reproduced. A copy of each day's record shall be provided to the 8 Engineer within three working days after the end of the shift. 9

10 The meaning of words and terms used in this provision shall be as listed in "Definitions of 11 Surveying and Associated Terms" current edition, published by the American Congress on 12 Surveying and Mapping and the American Society of Civil Engineers. 13

14 The survey work shall include but not be limited to the following: 15

16 1. Verify the primary horizontal and vertical control furnished by the Contracting 17

Agency and expand into secondary control by adding stakes and hubs as well 18 as additional survey control needed for the project. Provide descriptions of 19 secondary control to the Contracting Agency. The description shall include 20 coordinates and elevations of all secondary control points. 21

22 2. Establish, the centerlines of all alignments, by placing hubs, stakes, or marks on 23

centerline or on offsets to centerline at all curve points (PCs, PTs, and PIs) and 24 at points on the alignments spaced no further than 50 feet. 25

26 3. Establish clearing limits, placing stakes at all angle points and at intermediate 27

points not more than 50 feet apart. The clearing and grubbing limits shall be 5 28 feet beyond the toe of a fill and 10 feet beyond the top of a cut unless otherwise 29 shown in the Plans. 30

31 4. Establish grading limits, placing slope stakes at centerline increments not more 32

than 50 feet apart. Establish offset reference to all slope stakes. If Global 33 Positioning Satellite (GPS) Machine Controls are used to provide grade control, 34 then slope stakes may be omitted at the discretion of the Contractor 35 36

5. Establish the horizontal and vertical location of all drainage features, placing 37 offset stakes to all drainage structures and to pipes at a horizontal interval not 38 greater than 25 feet. 39

40 6. Establish roadbed and surfacing elevations by placing stakes at the top of 41

subgrade and at the top of each course of surfacing. Subgrade and surfacing 42 stakes shall be set at horizontal intervals not greater than 50 feet in tangent 43 sections, 25 feet in curve sections with a radius less than 300 feet, and at 10-44 foot intervals in intersection radii with a radius less than 10 foot. Transversely, 45 stakes shall be placed at all locations where the roadway slope changes and at 46 additional points such that the transverse spacing of stakes is not more than 12 47 feet. If GPS Machine Controls are used to provide grade control, then roadbed 48 and surfacing stakes may be omitted at the discretion of the Contractor. 49

50 7. Establish intermediate elevation benchmarks as needed to check work 51

throughout the project. 52


1 8. Provide references for paving pins at 25-foot intervals or provide simultaneous 2

surveying to establish location and elevation of paving pins as they are being 3 placed. 4

5 9. For all other types of construction included in this provision, (including but not 6

limited to channelization and pavement marking, illumination and signals, 7 guardrails and barriers, and signing) provide staking and layout as necessary to 8 adequately locate, construct, and check the specific construction activity. 9

10 10. Contractor shall determine if changes are needed to the profiles or roadway 11

sections shown in the Contract Plans in order to achieve proper smoothness 12 and drainage where matching into existing features, such as a smooth transition 13 from new pavement to existing pavement. The Contractor shall submit these 14 changes to the Project Engineer for review and approval 10 days prior to the 15 beginning of work. 16

17 The Contractor shall provide the Contracting Agency copies of any calculations and staking 18 data when requested by the Engineer. 19

20 To facilitate the establishment of these lines and elevations, the Contracting Agency will 21 provide the Contractor with primary survey control information consisting of descriptions of two 22 primary control points used for the horizontal and vertical control, and descriptions of two 23 additional primary control points for every additional three miles of project length. Primary 24 control points will be described by reference to the project alignment and the coordinate 25 system and elevation datum utilized by the project. In addition, the Contracting Agency will 26 supply horizontal coordinates for the beginning and ending points and for each Point of 27 Intersection (PI) on each alignment included in the project. 28

29 The Contractor shall ensure a surveying accuracy within the following tolerances: 30

31 Vertical Horizontal 32 Slope stakes ±0.10 feet ±0.10 feet 33 Subgrade grade stakes set 34 0.04 feet below grade ±0.01 feet ±0.5 feet 35 (parallel to alignment) 36 ±0.1 feet 37 (normal to alignment) 38 39 Stationing on roadway N/A ±0.1 feet 40 Alignment on roadway N/A ±0.04 feet 41 Surfacing grade stakes ±0.01 feet ±0.5 feet 42 (parallel to alignment) 43 ±0.1 feet 44 (normal to alignment) 45 46 Roadway paving pins for 47 surfacing or paving ±0.01 feet ±0.2 feet 48

(parallel to alignment) 49 ±0.1 feet 50 (normal to alignment) 51 52


The Contracting Agency may spot-check the Contractor's surveying. These spot-checks will 1 not change the requirements for normal checking by the Contractor. 2

3 When staking roadway alignment and stationing, the Contractor shall perform independent 4 checks from different secondary control to ensure that the points staked are within the 5 specified survey accuracy tolerances. 6

7 The Contractor shall calculate coordinates for the alignment. The Contracting Agency will 8 verify these coordinates prior to issuing approval to the Contractor for commencing with the 9 work. The Contracting Agency will require up to seven calendar days from the date the data 10 is received. 11

12 Contract work to be performed using contractor-provided stakes shall not begin until the stakes 13 are approved by the Contracting Agency. Such approval shall not relieve the Contractor of 14 responsibility for the accuracy of the stakes. 15

16 Stakes shall be marked in accordance with Standard Plan A10.10. When stakes are needed 17 that are not described in the Plans, then those stakes shall be marked, at no additional cost 18 to the Contracting Agency as ordered by the Engineer. 19

20 Electronic Data 21 Electronic data is available for the Contractor’s convenience upon request, this data is 22 informational only, and is not considered a part of the Contract, or these provisions. No 23 guarantee is made by the Contracting Agency that the electronic data if provided to the 24 Contractor is: 25

26 1. Compatible with any systems utilized by the Contractor; 27 2. Complete; 28 3. Representative of actual conditions at the project site; 29 4. Accurately reflects the quantities and character of the actual Work required. 30

31 Furnished electronic design data or documentation shall not relieve the Contractor from any 32 risks or of any duty to make examinations and investigations as required by Section 1-02.4 or 33 any other responsibility under the Contract or as required by law. No corrections, additions, 34 or updates of any kind will be made to the electronic data that is available to the Contractor. 35 36 The Engineer may perform spot checks of the Contractor’s use of the electronic data for 37 machine control grading results, calculations, records, field procedures, and quality control 38 measures. If the Engineer determines that the Work being performed id not achieving results 39 that will meet the Contract requirements, the Contractor shall make corrections to the Work at 40 no additional cost to the Contracting Agency. 41

42 Contracting Agency Responsibilities 43 After execution of the Contract, the Project Engineer will make available upon written request 44 the following electronic data used to design the project: 45

46 Geometric line work; alignments; profiles; sections, surfaces in AutoCAD, latest format. 47

48 Data may be obtained by furnishing a written request to the Contracting Agency. 49

50 Contractor’s Responsibilities 51 52


1. The Contractor shall provide any information or data that is requested by the 1 Contracting Agency for the purpose of performing the verification of quantities, and 2 quality. 3

4 2. The Contractor shall be responsible for any edits or conversions of the Contracting 5

Agencies electronic data whether done by the Contractor or a vendor that is hired by 6 the Contractor to perform such edits or conversions. 7

8 3. The Contractor shall be responsible for the accuracy and usability of any data or 9

model that is developed from the Contracting Agencies data. 10 11 4. The Contractor shall be responsible for establishing any additional control points 12

needed to achieve results that meet the requirements of the Contract. 13 14

5. One week prior to the start of grading operations the Contractor shall meet with the 15 Engineer’s staff to review the grading plans, quality processes, and tolerance 16 requirements. 17

18 1-05.7 Removal of Defective and Unauthorized Work 19 (October 1, 2005 APWA GSP) 20 21 Supplement this section with the following: 22 23 If the Contractor fails to remedy defective or unauthorized work within the time specified in a 24 written notice from the Engineer or fails to perform any part of the work required by the 25 Contract Documents, the Engineer may correct and remedy such work as may be identified in 26 the written notice, with Contracting Agency forces or by such other means as the Contracting 27 Agency may deem necessary. 28

29 If the Contractor fails to comply with a written order to remedy what the Engineer determines 30 to be an emergency situation, the Engineer may have the defective and unauthorized work 31 corrected immediately, have the rejected work removed and replaced, or have work the 32 Contractor refuses to perform completed by using Contracting Agency or other forces. An 33 emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy 34 could be potentially unsafe, or might cause serious risk of loss or damage to the public. 35

36 Direct or indirect costs incurred by the Contracting Agency attributable to correcting and 37 remedying defective or unauthorized work, or work the Contractor failed or refused to perform, 38 shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, 39 or to become due, the Contractor. Such direct and indirect costs shall include in particular, but 40 without limitation, compensation for additional professional services required, and costs for 41 repair and replacement of work of others destroyed or damaged by correction, removal, or 42 replacement of the Contractor’s unauthorized work. 43

44 No adjustment in contract time or compensation will be allowed because of the delay in the 45 performance of the work attributable to the exercise of the Contracting Agency’s rights 46 provided by this Section. 47

48 The rights exercised under the provisions of this section shall not diminish the Contracting 49 Agency’s right to pursue any other avenue for additional remedy or damages with respect to 50 the Contractor’s failure to perform the work as required. 51 52


1-05.10 Guarantees 1 (April 1, 2014 VA GSP) 2 3 Section 1-05.10 is supplemented with the following: 4 5 The Contractor shall guarantee all materials and equipment furnished and work performed for 6 the period of two (2) years from the date of substantial completion for Schedule A, Schedule 7 B and Schedule C. The contractor warrants and guarantees for the period of two (2) years 8 from the date of substantial completion of the system that the completed system is free from 9 all defects due to faulty materials or workmanship and the Contractor shall promptly make 10 such corrections as may be necessary by reasons of such defects, including any repairs of 11 any damage to other parts of the system resulting from such defects. The Contracting Agency 12 will give notice of observed defects with reasonable promptness. In the event that the 13 Contractor should fail to make such repairs, adjustments, or other work that may be necessary 14 by such defects, the Contracting Agency may do so and charge the Contractor the cost thereby 15 incurred. The contract bond shall remain in full force and effect through the guarantee period. 16

17 Payment 18 All costs associated with this 2-year Guarantee on the specific work described above shall be 19 considered incidental to the other work. 20 21 1-05.11 Final Inspection 22 Delete this section and replace it with the following: 23 24 1-05.11 Final Inspections and Operational Testing 25 (October 1, 2005 APWA GSP) 26

27 1-05.11(1) Substantial Completion Date 28 When the Contractor considers the work to be substantially complete, the Contractor shall so 29 notify the Engineer and request the Engineer establish the Substantial Completion Date. The 30 Contractor’s request shall list the specific items of work that remain to be completed in order 31 to reach physical completion. The Engineer will schedule an inspection of the work with the 32 Contractor to determine the status of completion. The Engineer may also establish the 33 Substantial Completion Date unilaterally. 34 35 If, after this inspection, the Engineer concurs with the Contractor that the work is substantially 36 complete and ready for its intended use, the Engineer, by written notice to the Contractor, will 37 set the Substantial Completion Date. If, after this inspection the Engineer does not consider 38 the work substantially complete and ready for its intended use, the Engineer will, by written 39 notice, so notify the Contractor giving the reasons therefor. 40

41 Upon receipt of written notice concurring in or denying substantial completion, whichever is 42 applicable, the Contractor shall pursue vigorously, diligently and without unauthorized 43 interruption, the work necessary to reach Substantial and Physical Completion. The Contractor 44 shall provide the Engineer with a revised schedule indicating when the Contractor expects to 45 reach substantial and physical completion of the work. 46

47 The above process shall be repeated until the Engineer establishes the Substantial 48 Completion Date and the Contractor considers the work physically complete and ready for 49 final inspection. 50

51


1-05.11(2) Final Inspection and Physical Completion Date 1 2 When the Contractor considers the work physically complete and ready for final inspection, 3 the Contractor by written notice, shall request the Engineer to schedule a final inspection. The 4 Engineer will set a date for final inspection. The Engineer and the Contractor will then make a 5 final inspection and the Engineer will notify the Contractor in writing of all particulars in which 6 the final inspection reveals the work incomplete or unacceptable. The Contractor shall 7 immediately take such corrective measures as are necessary to remedy the listed deficiencies. 8 Corrective work shall be pursued vigorously, diligently, and without interruption until physical 9 completion of the listed deficiencies. This process will continue until the Engineer is satisfied 10 the listed deficiencies have been corrected. 11

12 If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written 13 notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take 14 whatever steps are necessary to correct those deficiencies pursuant to Section 1-05.7. 15

16 The Contractor will not be allowed an extension of contract time because of a delay in the 17 performance of the work attributable to the exercise of the Engineer’s right hereunder. 18

19 Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting 20 Agency, in writing, of the date upon which the work was considered physically complete. That 21 date shall constitute the Physical Completion Date of the contract but shall not imply 22 acceptance of the work or that all the obligations of the Contractor under the contract have 23 been fulfilled. 24 25 1-05.13 Superintendents, Labor and Equipment of Contractor 26 (August 14, 2013 APWA GSP) 27

28 Delete the sixth and seventh paragraphs of this section. 29 30 (November 13, 2018 VA GSP) 31 32 Supplement the second paragraph with the following: 33 34 The Contractor shall not replace the named Superintendent without written consent from the 35 Engineer. The Contractor shall submit any such request to the Engineer in writing a minimum 36 of 48 hours in advance. The written Superintendent change request shall name the proposed 37 replacement and provide qualifications demonstrating supervision of relevant project 38 experience for review and approval by the Engineer. 39 40 1-05.15 Method of Serving Notices 41 (March 25, 2009 APWA GSP) 42 43 Revise the second paragraph to read: 44

45 All correspondence from the Contractor shall be directed to the Project Engineer. All 46 correspondence from the Contractor constituting any notification, notice of protest, notice of 47 dispute, or other correspondence constituting notification required to be furnished under the 48 Contract, must be in paper format, hand delivered or sent via mail delivery service to the 49 Project Engineer's office. Electronic copies such as e-mails or electronically delivered copies 50 of correspondence will not constitute such notice and will not comply with the requirements of 51 the Contract. 52


1 Add the following new section including title: 2 3 1-05.16 Water and Power 4 (April 1, 2014 VA GSP) 5

6 The Contractor shall make necessary arrangements and shall bear the costs for power 7 necessary for the performance of the work, unless the contract includes power as a pay item. 8 The Contracting Agency will provide construction water at a fire hydrant designated by the 9 Contracting Agency at the pre-construction conference. The Contractor shall follow all 10 Contracting Agency requirements including providing backflow prevention and metering. 11 12 Add the following new section including title: 13 14 1-05.18 Redline Drawings 15 (March 30, 2017 VA GSP) 16

17 The Contractor will be furnished with (1) set of drawings designated as “Redline Drawings”. 18 During the progress of the work the Contractor shall maintain an accurate record of all changes 19 to the “REDLINE DRAWINGS”. Such changes shall be entered on the drawings with “red” ink 20 only. 21

22 The completed Redline Drawings shall, at a minimum contain the following: 23 24

1. All changes made during construction. 25 26 2. Significant detail not shown on the original Contract Documents. 27 28 3. Locations of underground utilities and appurtenances as actually installed or 29

encountered, referenced by permanent surface improvements and/or project 30 coordinates. Show and locate changes in direction by dimension and elevation 31 as utilities are actually installed. 32

33 4. Additional requirements for the Record Drawings may be included in individual 34

specification sections. 35 36

The Contractor shall submit final Redline Drawings to the Contracting Agency. Contracting 37 Agency acceptance of the Redline Drawings is one of the requirements for achieving Physical 38 Completion. 39 40 1-07 Legal Relations and Responsibilities to the Public 41 42 1-07.1 Laws to be Observed 43 (October 1, 2005 APWA GSP) 44 45 Supplement this section with the following: 46

47 In cases of conflict between different safety regulations, the more stringent regulation shall 48 apply. 49 50


The Washington State Department of Labor and Industries shall be the sole and paramount 1 administrative agency responsible for the administration of the provisions of the Washington 2 Industrial Safety and Health Act of 1973 (WISHA). 3 4 The Contractor shall maintain at the project site office, or other well-known place at the project 5 site, all articles necessary for providing first aid to the injured. The Contractor shall establish, 6 publish, and make known to all employees, procedures for ensuring immediate removal to a 7 hospital, or doctor’s care, persons, including employees, who may have been injured on the 8 project site. Employees should not be permitted to work on the project site before the 9 Contractor has established and made known procedures for removal of injured persons to a 10 hospital or a doctor’s care. 11 12 The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the 13 Contractor’s plant, appliances, and methods, and for any damage or injury resulting from their 14 failure, or improper maintenance, use, or operation. The Contractor shall be solely and 15 completely responsible for the conditions of the project site, including safety for all persons 16 and property in the performance of the work. This requirement shall apply continuously, and 17 not be limited to normal working hours. The required or implied duty of the Engineer to conduct 18 construction review of the Contractor’s performance does not, and shall not, be intended to 19 include review and adequacy of the Contractor’s safety measures in, on, or near the project 20 site. 21 22 1-07.2 State Taxes 23 24 Delete this section, including its sub-sections, in its entirety and replace it with the following: 25 26 1-07.2 State Sales Tax 27 (June 27, 2011 APWA GSP) 28

29 The Washington State Department of Revenue has issued special rules on the State sales 30 tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The Contractor 31 should contact the Washington State Department of Revenue for answers to questions in this 32 area. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a 33 misunderstood tax liability. 34 35 The Contractor shall include all Contractor-paid taxes in the unit bid prices or other contract 36 amounts. In some cases, however, state retail sales tax will not be included. Section 1-07.2(2) 37 describes this exception. 38 39 The Contracting Agency will pay the retained only if the Contractor has obtained from the 40 Washington State Department of Revenue a certificate showing that all contract-related taxes 41 have been paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to 42 the Contractor any amount the Contractor may owe the Washington State Department of 43 Revenue, whether the amount owed relates to this contract or not. Any amount so deducted 44 will be paid into the proper State fund. 45

46 1-07.2(1) State Sales Tax — Rule 171 47 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, 48 etc., which are owned by a municipal corporation, or political subdivision of the state, or by the 49 United States, and which are used primarily for foot or vehicular traffic. This includes storm or 50 combined sewer systems within and included as a part of the street or road drainage system 51 and power lines when such are part of the roadway lighting system. For work performed in 52


such cases, the Contractor shall include Washington State Retail Sales Taxes in the various 1 unit bid item prices, or other contract amounts, including those that the Contractor pays on the 2 purchase of the materials, equipment, or supplies used or consumed in doing the work. 3

4 1-07.2(2) State Sales Tax — Rule 170 5 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or 6 existing buildings, or other structures, upon real property. This includes, but is not limited to, 7 the construction of streets, roads, highways, etc., owned by the state of Washington; water 8 mains and their appurtenances; sanitary sewers and sewage disposal systems unless such 9 sewers and disposal systems are within, and a part of, a street or road drainage system; 10 telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above 11 streets or roads, unless such power lines become a part of a street or road lighting system; 12 and installing or attaching of any article of tangible personal property in or to real property, 13 whether or not such personal property becomes a part of the realty by virtue of installation. 14 15 For work performed in such cases, the Contractor shall collect from the Contracting Agency, 16 retail sales tax on the full contract price. The Contracting Agency will automatically add this 17 sales tax to each payment to the Contractor. For this reason, the Contractor shall not include 18 the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 19 170, with the following exception. 20 21 Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a 22 subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable 23 supplies not integrated into the project. Such sales taxes shall be included in the unit bid item 24 prices or in any other contract amount. 25 26 1-07.2(3) Services 27 The Contractor shall not collect retail sales tax from the Contracting Agency on any contract 28 wholly for professional or other services (as defined in Washington State Department of 29 Revenue Rules 138 and 244). 30 31 1-07.6 Permits and Licenses 32 (July 26, 2019 VA GSP) 33 34 Supplement this section with the following: 35 36 The Contracting Agency shall be responsible for obtaining environmental permits required for 37 construction. The Contractor shall be given a copy of the permits prior to the start of 38 construction. The Contractor shall keep a copy of the permits on site at all times and shall 39 comply with the requirements of the permits. 40 41 1-07.9(5) Required Documents 42 (June 1, 2017 VA GSP) 43

44 Delete the third paragraph of this section in its entirety and replace with the following: 45 46 Certified payrolls are required to be submitted by the Contractor to the Engineer, for the 47 Contractor and all subcontractors or lower tier subcontractors, for all work conducted under 48 this Contract. If these payrolls are not supplied to the Engineer within 10 calendar days of the 49 end of the preceding weekly payroll period any or all payments may be withheld until 50 compliance is achieved. Also, failure to provide these payrolls could result in other sanctions 51 as provided by State laws (RCW 39.12.050) and/or Federal regulations (29 CFR 5.12). All 52


certified payrolls shall be complete and explicit. Employee labor descriptions used on certified 1 payrolls shall coincide exactly with the labor descriptions listed on the minimum wage schedule 2 in the Contract unless the Engineer approves an alternate method to identify the labor used 3 by the Contractor to compare with the labor listed in the Contract Provisions. When an 4 apprentice is shown on the certified payroll at a rate less than the minimum prevailing journey 5 wage rate, the apprenticeship registration number for that employee from the State 6 Apprenticeship and Training Council shall be shown along with the correct employee 7 classification code. 8 9 1-07.16 Protection and Restoration of Property 10 11 1-07.16(1) Private/Public Property 12 (June 6, 2016 VA GSP) 13 14 Supplement this section with the following: 15 16 1-07.16(1)A Existing Property Corners 17 The Contractor shall be responsible for the replacement of all property corners disturbed or 18 removed due to the Contractor’s operations at no cost to the Contracting Agency. 19 Replacement of property corners shall be done only by a Washington State Licensed Land 20 Surveyor. 21

22 1-07.16(1)B Work Area Limits 23 Easements (if any) and rights-of-way limits are shown on the Plans. All Contractor operations 24 shall be confined within these limits unless the Contractor obtains written approval from the 25 adjacent property owner(s) in accordance with the requirements of Section 1-07.24. 26 27 1-07.16(1)C Private Property 28 The Contractor shall not have access to, or use of, private property without prior agreement 29 with the property owner. The Contractor shall provide documentation of this agreement to the 30 Contracting Agency in the form of a construction easement, or other document approved by 31 the Contracting Agency. At the completion of the Contractor’s use of, or access to, private 32 property the Contractor shall provide the Contracting Agency with a letter of release, or other 33 document approved by the Contracting Agency, signed by the property owner. All such 34 documentation shall be provided to the Contracting Agency prior to approval and release of 35 final payment from the Contracting Agency to the Contractor. 36 37 1-07.17 Utilities and Similar Facilities 38 (April 1, 2017 VA GSP) 39 40 Supplement this section with the following: 41

42 Locations and dimensions shown in the Plans for existing facilities are in accordance with 43 available information obtained without uncovering, measuring, or other verification. 44 45 Private utilities, or their contractors, will furnish all work necessary to adjust, relocate, replace, 46 or construct their facilities noted on the Plans. Such adjustment, relocation, replacement, or 47 construction will be done during prosecution of the work for this Project. The Contractor is 48 responsible for coordination of this Work with the utility owner or their contractor. 49 50


The Contractor is responsible for determining and contacting all utility owners within the project 1 area. The following information regarding local utility companies known or suspected of having 2 facilities within the project limits are supplied for the Contractor's convenience: 3 4

Icicle Peshastin Irrigation District - Tony Jantzer 509-782-2561 5 City of Leavenworth – Herb Amick 509-548-5275 6 US Forest Service – Jeff Rivera 509-548-2550 7

8 1-07.18 Public Liability and Property Damage Insurance 9 10 Delete this section in its entirety, and replace it with the following: 11 12 1-07.18 Insurance 13 (January 4, 2016 APWA GSP) 14 15 1-07.18(1) General Requirements 16 A. The Contractor shall procure and maintain the insurance described in all subsections of 17

section 1-07.18 of these Special Provisions, from insurers with a current A. M. Best rating 18 of not less than A-: VII and licensed to do business in the State of Washington. The 19 Contracting Agency reserves the right to approve or reject the insurance provided. 20

21 B. The Contractor shall keep this insurance in force without interruption from the 22

commencement of the Contractor’s Work through the term of the Contract and for two 23 years (30) days after the Physical Completion date, unless otherwise indicated below. 24

25 C. If any insurance policy is written on a claim made form, its retroactive date, and that of all 26

subsequent renewals, shall be before the effective date of this Contract. The policy shall 27 state that coverage is claims made and state the retroactive date. Claims-made form 28 coverage shall be maintained by the Contractor for a minimum of 36 months following the 29 Completion Date or earlier termination of this Contract, and the Contractor shall annually 30 provide the Contracting Agency with proof of renewal. If renewal of the claims made form 31 of coverage becomes unavailable, or economically prohibitive, the Contractor shall 32 purchase an extended reporting period (“tail”) or execute another form of guarantee 33 acceptable to the Contracting Agency to assure financial responsibility for liability for 34 services performed. 35

36 D. The Contractor’s Automobile Liability, Commercial General Liability and Excess or 37

Umbrella Liability insurance policies shall be primary and non-contributory insurance as 38 respects the Contracting Agency’s insurance, self-insurance, or self-insured pool 39 coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the 40 Contracting Agency shall be excess of the Contractor’s insurance and shall not contribute 41 with it. 42

43 E. The Contractor shall provide the Contracting Agency and all additional insureds with 44

written notice of any policy cancellation, 30 days prior to such cancellation date. 45 46 F. The Contractor shall not begin work under the Contract until the required insurance has 47

been obtained and approved by the Contracting Agency 48 49 G. Failure on the part of the Contractor to maintain the insurance as required shall constitute 50

a material breach of contract, upon which the Contracting Agency may, after giving five 51 business days’ notice to the Contractor to correct the breach, immediately terminate the 52


Contract or, at its discretion, procure or renew such insurance and pay any and all 1 premiums in connection therewith, with any sums so expended to be repaid to the 2 Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset 3 against funds due the Contractor from the Contracting Agency. 4

5 H. All costs for insurance shall be incidental to and included in the unit or lump sum prices 6

of the Contract and no additional payment will be made. 7 8 1-07.18(2) Additional Insured 9 All insurance policies, with the exception of Workers Compensation, and of Professional 10 Liability shall name the following listed entities as additional insured(s) using the forms or 11 endorsements required herein: 12 13 Trout Unlimited (Owner/Contracting Agency) and its officers, elected officials, 14

employees, agents, and volunteers 15 Varela and Associates, Inc. 16 Waterfall Engineering LLC 17 Aspect Consulting 18 City of Leavenworth 19 Icicle Peshastin Irrigation District (IPID) 20 Washington State Department of Fish and Wildlife (WDFW) 21

22 The above-listed entities shall be additional insured(s) for the full available limits of liability 23 maintained by the Contractor, irrespective of whether such limits maintained by the Contractor 24 are greater than those required by this Contract, and irrespective of whether the Certificate of 25 Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits lower than those 26 maintained by the Contractor. 27 28 For Commercial General Liability insurance coverage, the required additional insured 29 endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations 30 and CG 20 37 10 01 for completed operations. 31 32 1-07.18(3) Subcontractors 33 The Contractor shall cause each Subcontractor of every tier to provide insurance coverage 34 that complies with all applicable requirements of the Contractor-provided insurance as set 35 forth herein, 36 37 The Contractor shall ensure that all Subcontractors of every tier add all entities listed in 38 1-07.18(2) as additional insureds and provide proof of such on the policies as required by that 39 section as detailed in 1-07.18(2) using an endorsement as least as broad as ISO CG 20 10 40 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 41 42 Upon request by the Contracting Agency, the Contractor shall forward to the Contracting 43 Agency evidence of insurance and copies of the additional insured endorsements of each 44 Subcontractor of every tier as required in 1-07.18(4) Verification of Coverage. 45 46 1-07.18(4) Verification of Coverage 47 The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and 48 endorsements for each policy of insurance meeting the requirements set forth herein when 49 the Contractor delivers the signed Contract for the work. Failure of Contracting Agency to 50 demand such verification of coverage with these insurance requirements or failure of 51


Contracting Agency to identify a deficiency from the insurance documentation provided shall 1 not be construed as a waiver of Contractor’s obligation to maintain such insurance. 2 3 Verification of coverage shall include: 4 5 1. An ACORD certificate or a form determined by the Contracting Agency to be equivalent. 6 2. Copies of all endorsements naming Contracting Agency and all other entities listed in 7

1-07.18(2) as additional insured(s), showing the policy number. The Contractor may 8 submit a copy of any blanket additional insured clause from its policies instead of a 9 separate endorsement. 10

3. Any other amendatory endorsements to show the coverage required herein. 11 4. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy 12

these requirements – actual endorsements must be submitted. 13 14 Upon request by the Contracting Agency, the Contractor shall forward to the Contracting 15 Agency a full and certified copy of the insurance policy(s). If Builders Risk insurance is 16 required on this Project, a full and certified copy of that policy is required when the Contractor 17 delivers the signed Contract for the work. 18 19 1-07.18(5) Coverages and Limits 20 The insurance shall provide the minimum coverages and limits set forth below. Contractor’s 21 maintenance of insurance, its scope of coverage, and limits as required herein shall not be 22 construed to limit the liability of the Contractor to the coverage provided by such insurance, or 23 otherwise limit the Contracting Agency’s recourse to any remedy available at law or in equity. 24 25 All deductibles and self-insured retentions must be disclosed and are subject to approval by 26 the Contracting Agency. The cost of any claim payments falling within the deductible or self-27 insured retention shall be the responsibility of the Contractor. In the event an additional 28 insured incurs a liability subject to any policy’s deductibles or self-insured retention, said 29 deductibles or self-insured retention shall be the responsibility of the Contractor. 30 31 1-07.18(5)A Commercial General Liability 32 Commercial General Liability insurance shall be written on coverage forms at least as broad 33 as ISO occurrence form CG 00 01, including but not limited to liability arising from premises, 34 operations, stop gap liability, independent contractors, products-completed operations, 35 personal and advertising injury, and liability assumed under an insured contract. There shall 36 be no exclusion for liability arising from explosion, collapse or underground property damage. 37 38 The Commercial General Liability insurance shall be endorsed to provide a per project general 39 aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. 40 41 Contractor shall maintain Commercial General Liability Insurance arising out of the 42 Contractor’s completed operations for at least three years following Substantial Completion of 43 the Work. 44 45 Such policy must provide the following minimum limits: 46 47

$1,000,000 Each Occurrence 48 $2,000,000 General Aggregate 49 $2,000,000 Products & Completed Operations Aggregate 50 $1,000,000 Personal & Advertising Injury each offence 51 $1,000,000 Stop Gap / Employers’ Liability each accident 52


1 1-07.18(5)B Automobile Liability 2 Automobile Liability shall cover owned, non-owned, hired, and leased vehicles; and shall be 3 written on a coverage form at least as broad as ISO form CA 00 01. If the work involves the 4 transport of pollutants, the automobile liability policy shall include MCS 90 and CA 99 48 5 endorsements. 6 7 Such policy must provide the following minimum limit: 8 9

$1,000,000 Combined single limit each accident 10 11 1-07.18(5)C Workers’ Compensation 12 The Contractor shall comply with Workers’ Compensation coverage as required by the 13 Industrial Insurance laws of the State of Washington. 14 15 Excess Liability Limits of $1 mil / $1 mil. / $1 mil. 16 17 1-07.18(5)D Excess or Umbrella Liability 18 (January 4, 2016 APWA GSP) 19 20 The Contractor shall provide Excess or Umbrella Liability insurance with limits of not less than 21 5 million each occurrence and annual aggregate. This excess or umbrella liability coverage 22 shall be excess over and as least as broad in coverage as the Contractor’s Commercial 23 General and Auto Liability insurance and Employers Liability. 24 25 All entities listed under 1-07.18(2) of these Special Provisions shall be named as additional 26 insureds on the Contractor’s Excess or Umbrella Liability insurance policy. 27 28 This requirement may be satisfied instead through the Contractor’s primary Commercial 29 General and Automobile Liability coverages, or any combination thereof that achieves the 30 overall required limits of insurance. 31 32 1-07.23 Public Convenience and Safety 33 34 1-07.23(1) Construction Under Traffic 35 (January 2, 2012 WSDOT GSP) 36 37 Supplement this section with the following: 38 39 Work Zone Clear Zone 40 The Work Zone Clear Zone (WZCZ) applies during working and nonworking hours. The WZCZ 41 applies only to temporary roadside objects introduced by the Contractor’s operations and does 42 not apply to preexisting conditions or permanent Work. Those work operations that are actively 43 in progress shall be in accordance with adopted and approved Traffic Control Plans, and other 44 contract requirements. 45 46 During nonworking hours equipment or materials shall not be within the WZCZ unless they 47 are protected by permanent guardrail or temporary concrete barrier. The use of temporary 48 concrete barrier shall be permitted only if the Engineer approves the installation and location. 49 50 During actual hours of work, unless protected as described above, only materials absolutely 51 necessary to construction shall be within the WZCZ and only construction vehicles absolutely 52


necessary to construction shall be allowed within the WZCZ or allowed to stop or park on the 1 shoulder of the roadway. 2 3 The Contractor's nonessential vehicles and employees private vehicles shall not be permitted 4 to park within the WZCZ at any time unless protected as described above. 5 6 Deviation from the above requirements shall not occur unless the Contractor has requested 7 the deviation in writing and the Engineer has provided written approval. 8 9 Minimum WZCZ distances are measured from the edge of traveled way and will be determined 10 as follows: 11

12 Minimum Work Zone Clear Zone Distance 13

14 Regulatory

Posted Speed Distance From Traveled Way

(Feet) 35 mph or less 10 * 40 mph 15 45 to 55 mph 20 60 mph or greater 30

* or 2-feet beyond the outside edge of sidewalk 15 16 1-07.24 Rights of Way 17 (July 23, 2015 APWA GSP) 18 19 Delete this section and replace it with the following: 20 21 Street Right of Way lines, limits of easements, and limits of construction permits are indicated 22 in the Plans. The Contractor’s construction activities shall be confined within these limits, 23 unless arrangements for use of private property are made. 24 25 Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of way 26 and easements, both permanent and temporary, necessary for carrying out the work. 27 Exceptions to this are noted in the Bid Documents or will be brought to the Contractor’s 28 attention by a duly issued Addendum. 29 30 Whenever any of the work is accomplished on or through property other than public Right of 31 Way, the Contractor shall meet and fulfill all covenants and stipulations of any easement 32 agreement obtained by the Contracting Agency from the owner of the private property. Copies 33 of the easement agreements may be included in the Contract Provisions or made available to 34 the Contractor as soon as practical after they have been obtained by the Engineer. 35 36 Whenever easements or rights of entry have not been acquired prior to advertising, these 37 areas are so noted in the Plans. The Contractor shall not proceed with any portion of the work 38 in areas where right of way, easements or rights of entry have not been acquired until the 39 Engineer certifies to the Contractor that the right of way or easement is available or that the 40 right of entry has been received. If the Contractor is delayed due to acts of omission on the 41 part of the Contracting Agency in obtaining easements, rights of entry or right of way, the 42 Contractor will be entitled to an extension of time. The Contractor agrees that such delay shall 43 not be a breach of contract. 44 45


Contractor shall provide 48-hours notice to all property owner’s prior to entry by the Contractor. 1 This includes entry onto easements and private property where private improvements must 2 be adjusted. 3 4 The Contractor shall be responsible for providing, without expense or liability to the 5 Contracting Agency, any additional land and access thereto that the Contractor may desire for 6 temporary construction facilities, storage of materials, or other Contractor needs. However, 7 before using any private property, whether adjoining the work or not, the Contractor shall file 8 with the Engineer a written permission of the private property owner, and, upon vacating the 9 premises, a written release from the property owner of each property disturbed or otherwise 10 interfered with by reasons of construction pursued under this contract. The statement shall 11 be signed by the private property owner, or proper authority acting for the owner of the private 12 property affected, stating that permission has been granted to use the property and all 13 necessary permits have been obtained or, in the case of a release, that the restoration of the 14 property has been satisfactorily accomplished. The statement shall include the parcel number, 15 address, and date of signature. Written releases must be filed with the Engineer before the 16 Completion Date will be established. 17 18 1-08 Prosecution and Progress 19 Add the following new section: 20 21 1-08.0 Preliminary Matters 22 (May 25, 2006 APWA GSP) 23 24 Add the following new section: 25

26 1-08.0(1) Preconstruction Conference 27 (October 10, 2008 APWA GSP) 28

29 Prior to the Contractor beginning the work, a preconstruction conference will be held between 30 the Contractor, the Engineer and such other interested parties as may be invited. The purpose 31 of the preconstruction conference will be: 32

33 1. To review the initial progress schedule; 34 2. To establish a working understanding among the various parties associated or 35

affected by the work; 36 3. To establish and review procedures for progress payment, notifications, approvals, 37

submittals, etc.; 38 4. To establish normal working hours for the work; 39 5. To review safety standards and traffic control; and 40 6. To discuss such other related items as may be pertinent to the work. 41 42 The Contractor shall prepare and submit at the preconstruction conference the following: 43 1. A breakdown of all lump sum items; 44 2. A preliminary schedule of working drawing submittals; and 45 3. A list of material sources for approval if applicable. 46

47


Add the following new section: 1 2

1-08.0(2) Hours of Work 3 (December 8, 2014 APWA GSP) 4

5 Except in the case of emergency or unless otherwise approved by the Engineer, the normal 6 working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m. and 7 6:00 p.m. Monday through Friday, exclusive of a lunch break. If the Contractor desires different 8 than the normal working hours stated above, the request must be submitted in writing prior to 9 the preconstruction conference, subject to the provisions below. The working hours for the 10 Contract shall be established at or prior to the preconstruction conference. 11 12 All working hours and days are also subject to local permit and ordinance conditions (such as 13 noise ordinances). 14 15 If the Contractor wishes to deviate from the established working hours, the Contractor shall 16 submit a written request to the Engineer for consideration. This request shall state what hours 17 are being requested, and why. Requests shall be submitted for review no later than 7 calendar 18 days prior to the day(s) the Contractor is requesting to change the hours. 19 20 If the Contracting Agency approves such a deviation, such approval may be subject to certain 21 other conditions, which will be detailed in writing. For example: 22 23

1. Considering the work performed on Saturdays, Sundays, and holidays as working 24 days with regard to the contract time. 25

2. Considering multiple work shifts as multiple working days with respect to contract 26 time even though the multiple shifts occur in a single 24-hour period. 27

3. If a 4-10 work schedule is requested and approved the non-working day for the 28 week will be charged as a working day. 29

4. If Davis Bacon wage rates apply to this Contract, all requirements must be met 30 and recorded properly on certified payroll 31

32 1-08.1 Subcontracting 33 (November 30, 2018 APWA GSP, Option B) 34 35 Delete the eighth paragraph. 36 37 1-08.3(2)A Type A Progress Schedule 38 (March 13, 2012 APWA GSP) 39 40 Revise this section to read: 41 42 The Contractor shall submit 3 copies of a Type A Progress Schedule no later than at the 43 preconstruction conference, or some other mutually agreed upon submittal time. The schedule 44 may be a critical path method (CPM) schedule, bar chart, or other standard schedule format. 45 Regardless of which format used, the schedule shall identify the critical path. The Engineer 46 will evaluate the Type A Progress Schedule and approve or return the schedule for corrections 47 within 15 calendar days of receiving the submittal. 48 49 50 51


(November 13, 2018, VA GSP) 1 2 Supplement this section with the following: 3 4 Contractor’s Type A progress Schedule shall include material submittals. 5 6 1-08.4 Prosecution of Work 7 Delete this section and replace it with the following: 8 9 1-08.4 Notice to Proceed and Prosecution of Work 10 (July 23, 2015 APWA GSP) 11 12 Notice to Proceed will be given after the contract has been executed and the contract bond 13 and evidence of insurance have been approved and filed by the Contracting Agency. The 14 Contractor shall not commence with the work until the Notice to Proceed has been given by 15 the Engineer. The Contractor shall commence construction activities on the project site within 16 ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor 17 shall diligently pursue the work to the physical completion date within the time specified in the 18 contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the 19 Contractor of the responsibility to complete the work within the time(s) specified in the contract. 20 21 When shown in the Plans, the first order of work shall be the installation of silt fencing to 22 delineate all areas for protection or restoration, as described in the Contract. Installation of 23 high visibility fencing adjacent to the roadway shall occur after the placement of all necessary 24 signs and traffic control devices in accordance with 1-10.1(2). Upon construction of the 25 fencing, the Contractor shall request the Engineer to inspect the fence. No other work shall be 26 performed on the site until the Contracting Agency has accepted the installation of high 27 visibility fencing, as described in the Contract. 28 29 1-08.5 Time for Completion 30 (November 30, 2018 APWA GSP, Option A) 31 32 Revise the third and fourth paragraphs to read: 33

34 Contract time shall begin on the first working day following the Notice to Proceed Date. 35

36 Each working day shall be charged to the contract as it occurs, until the contract work is 37 physically complete. If substantial completion has been granted and all the authorized working 38 days have been used, charging of working days will cease. Each week the Engineer will 39 provide the Contractor a statement that shows the number of working days: (1) charged to the 40 contract the week before; (2) specified for the physical completion of the contract; and (3) 41 remaining for the physical completion of the contract. The statement will also show the 42 nonworking days and any partial or whole day the Engineer declares as unworkable. Within 43 10 calendar days after the date of each statement, the Contractor shall file a written protest of 44 any alleged discrepancies in it. To be considered by the Engineer, the protest shall be in 45 sufficient detail to enable the Engineer to ascertain the basis and amount of time disputed. By 46 not filing such detailed protest in that period, the Contractor shall be deemed as having 47 accepted the statement as correct. If the Contractor is approved to work 10 hours a day and 48 4 days a week (a 4-10 schedule) and the fifth day of the week in which a 4-10 shift is worked 49 would ordinarily be charged as a working day then the fifth day of that week will be charged 50 as a working day whether or not the Contractor works on that day. 51


1 Revise the sixth paragraph to read: 2 3 The Engineer will give the Contractor written notice of the completion date of the contract after 4 all the Contractor’s obligations under the contract have been performed by the Contractor. The 5 following events must occur before the Completion Date can be established: 6

1. The physical work on the project must be complete; and 7 2. The Contractor must furnish all documentation required by the contract and required 8

by law, to allow the Contracting Agency to process final acceptance of the contract. 9 The following documents must be received by the Project Engineer prior to establishing 10 a completion date: 11

a. Certified Payrolls (per Section 1-07.9(5)). 12 b. Material Acceptance Certification Documents 13 c. Monthly Reports of Amounts Credited as DBE Participation, as required by the 14

Contract Provisions. 15 d. Final Contract Voucher Certification 16 e. Copies of the approved “Affidavit of Prevailing Wages Paid” for the Contractor and 17

all Subcontractors 18 f. A copy of the Notice of Termination sent to the Washington State Department of 19

Ecology (Ecology); the elapse of 30 calendar days from the date of receipt of the 20 Notice of Termination by Ecology; and no rejection of the Notice of Termination by 21 Ecology. This requirement will not apply if the Construction Stormwater General 22 Permit is transferred back to the Contracting Agency in accordance with Section 8-23 01.3(16). 24

g. Property owner releases per Section 1-07.24 25 26 (April 1, 2014 VA GSP) 27 28 Supplement this section with the following: 29 30 Contract time shall begin on the date stated in the written Notice to Proceed provided to the 31 Contractor. 32 33 In water work and work below the normal high water mark shall not start before July 1 and 34 shall be physically completed by October 1. 35 36 This project shall be physically completed in its entirety by October 30th. 37 38 Project Completion date shall be November 15th. 39 40 1-08.9 Liquidated Damages 41 (July 26, 2019 VA GSP) 42 43 Replace this section with the following 44 45 Time is of the essence of the Contract. Delays will cause serious impacts to the Contracting 46 Agency including: 47 48

- Loss of public water supply to the City of Leavenworth 49 - Public Agency fines for work outside authorized construction times 50


- Inconvenience to local residents and public 1 2 Unless a Contract Time extension is granted by the Contract Agency, the Contractor agrees 3 to pay liquidated damages in the amounts of: 4 5

- $1,500 for each calendar day past the in water work physical completion date of 6 October 1st required to achieve physical completion of the in water work. 7 8

- $500 for each calendar day past the physical completion date of October 30th required 9 to achieve physical completion of the in project. 10 11

- $250 for each calendar day past the Project Completion date of November 15th 12 required to achieve Project Completion. 13

14 The Contractor further agrees that, from the compensation otherwise to be paid, the Sponsor 15 may charge actual costs to the Contract for any time over the agreed to completion date where 16 work remains uncompleted, which sum is agreed upon as the actual damages which the 17 Sponsor will sustain in case of the failure of the Contractor to complete the work in the time 18 stipulated and this sum is not to be construed as in any sense a penalty. These actual costs 19 will be, but not limited to: 20

21 1. Any fines by Permitting Agencies for work not being completed within the time frame 22

stipulation in the permit. 23 2. Any costs imposed by the local authorities due to the work not being completed on 24

time. 25 3. Additional special inspections, construction management and engineering services 26

that might be required. 27 28 1-09 Measurement and Payment 29 30 1-09.2(1) General Requirements for Weighing Equipment 31 (July 23, 2015 APWA GSP, Option 2) 32 33 Revise item 4 of the fifth paragraph to read: 34

35 4. Test results and scale weight records for each day’s hauling operations are provided 36

to the Engineer daily. Reporting shall utilize WSDOT form 422-027, Scaleman’s Daily 37 Report, unless the printed ticket contains the same information that is on the 38 Scaleman’s Daily Report Form. The scale operator must provide AM and/or PM tare 39 weights for each truck on the printed ticket. 40

41 1-09.2(5) Measurement 42 (May 2, 2017 APWA GSP) 43 44 Revise the first paragraph to read: 45

46 Scale Verification Checks 47 At the Engineer’s discretion, the Engineer may perform verification checks on the accuracy of 48 each batch, hopper, or platform scale used in weighing contract items of Work. 49 50


1-09.9 Payments 1 (March 13, 2012 APWA GSP) 2 3 Supplement this section with the following: 4 5 Lump sum item breakdowns are not required when the bid price for the lump sum item is less 6 than $20,000. 7 8 (March 13, 2012 APWA GSP) 9 10 Delete the first four paragraphs and replace them with the following: 11

12 The basis of payment will be the actual quantities of Work performed according to the Contract 13 and as specified for payment. 14

15 The Contractor shall submit a breakdown of the cost of lump sum bid items at the 16 Preconstruction Conference, to enable the Project Engineer to determine the Work performed 17 on a monthly basis. A breakdown is not required for lump sum items that include a basis for 18 incremental payments as part of the respective Specification. Absent a lump sum breakdown, 19 the Project Engineer will make a determination based on information available. The Project 20 Engineer’s determination of the cost of work shall be final. 21

22 Progress payments for completed work and material on hand will be based upon progress 23 estimates prepared by the Contractor and Approved by the Engineer. A progress estimate 24 cutoff date will be established at the preconstruction conference. 25 26 The initial progress estimate will be made not later than 30 days after the Contractor 27 commences the work, and successive progress estimates will be made every month thereafter 28 until the Completion Date. Progress estimates made during progress of the work are tentative 29 and made only for the purpose of determining progress payments. The progress estimates 30 are subject to change at any time prior to the calculation of the final payment. 31 32 The value of the progress estimate will be the sum of the following: 33

1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of 34 work completed multiplied by the unit price. 35

2. Lump Sum Items in the Bid Form — based on the approved Contractor’s lump sum 36 breakdown for that item, or absent such a breakdown, based on the Engineer’s 37 determination. 38

3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site 39 or other storage area approved by the Engineer. 40

4. Change Orders — entitlement for approved extra cost or completed extra work as 41 determined by the Engineer. 42

43 Progress payments will be made in accordance with the progress estimate less: 44

1. Retainage per Section 1-09.9(1) 45 2. The amount of progress payments previously made; and 46 3. Funds withheld by the Contracting Agency for disbursement in accordance with the 47

Contract Documents. 48 49


Progress payments for work performed shall not be evidence of acceptable performance or 1 an admission by the Contracting Agency that any work has been satisfactorily completed. The 2 determination of payments under the contract will be final in accordance with Section 1-05.1. 3 4 1-09.11(3) Time Limitation and Jurisdiction 5 (November 30, 2018 APWA GSP) 6 7 Revise this section to read: 8

9 For the convenience of the parties to the Contract it is mutually agreed by the parties that any 10 claims or causes of action which the Contractor has against the Contracting Agency arising 11 from the Contract shall be brought within 180 calendar days from the date of final acceptance 12 (Section 1-05.12) of the Contract by the Contracting Agency; and it is further agreed that any 13 such claims or causes of action shall be brought only in the Superior Court of Chelan County 14 where the Contracting Agency headquarters is located, provided that where an action is 15 asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. The parties 16 understand and agree that the Contractor’s failure to bring suit within the time period provided, 17 shall be a complete bar to any such claims or causes of action. It is further mutually agreed 18 by the parties that when any claims or causes of action which the Contractor asserts against 19 the Contracting Agency arising from the Contract are filed with the Contracting Agency or 20 initiated in court, the Contractor shall permit the Contracting Agency to have timely access to 21 any records deemed necessary by the Contracting Agency to assist in evaluating the claims 22 or action. 23

1-10 Temporary Traffic Control 24 25 1-10.2 Traffic Control Management 26 (January 3, 2017 WSDOT GSP) 27 28 Supplement this section with the following: 29 30 Only training with WSDOT TCS card and WSDOT training curriculum is recognized 31 in the State of Washington. The Traffic Control Supervisor shall be certified by one 32 of the following: 33 34 The Northwest Laborers-Employers Training Trust 35 27055 Ohio Ave. 36 Kingston, WA 98346 37 (360) 297-3035 38 39 Evergreen Safety Council 40 12545 135th 12 Ave. NE 41 Kirkland, WA 98034-8709 42 1-800-521-0778 43 44 The American Traffic Safety Services Association 45 15 Riverside Parkway, Suite 100 46 Fredericksburg, Virginia 22406-1022 47 Training Dept. Toll Free (877) 642-4637 48 Phone: (540) 368-1701 49

50 51


1-10.4 Measurement 1 (August 2, 2004 WSDOT GSP) 2 3 Supplement this section with the following: 4 5 The proposal contains the item “Project Temporary Traffic Control”, lump sum. The provisions 6 of Section 1-10.4(1) shall apply. 7

SPECIAL PROVISONS - Schedule A ICICLE CREEK FISH PASSAGE 1

SCHEDULE A: 1 CITY OF LEAVENWORTH - WATER LINE REPLACEMENT 2

3 INTRODUCTION TO THE SPECIAL PROVISIONS - DIVISION 2 THROUGH 8 4

5 (July 2019 VA GSP) 6 7 The work on this project shall be accomplished in accordance with the Standard Specifications 8 for Road, Bridge and Municipal Construction, 2018 edition, as issued by the Washington State 9 Department of Transportation (WSDOT) and the American Public Works Association (APWA), 10 Washington State Chapter (hereafter “Standard Specifications”). The Standard 11 Specifications, as modified or supplemented by these Special Provisions, all of which are 12 made a part of the Contract Documents, shall govern all of the Work. 13 14 These Special Provisions are made up of both General Special Provisions (GSPs) from 15 various sources, which may have project-specific fill-ins; and project-specific Special 16 Provisions. Each Provision either supplements, modifies, or replaces the comparable 17 Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition 18 to any subsection or portion of the Standard Specifications is meant to pertain only to that 19 particular portion of the section, and in no way should it be interpreted that the balance of the 20 section does not apply. 21 22 The project-specific Special Provisions are not labeled as such. The GSPs are labeled under 23 the headers of each GSP, with the effective date of the GSP and its source. For example: 24 25 (March 8, 2013 APWA GSP) 26 (April 1, 2013 WSDOT GSP) 27 (May 1, 2013 VA GSP) 28 29 Also incorporated into the Contract Documents by reference are: 30



35 Contractor shall obtain copies of these publications, at Contractor’s own expense. 36 37 Division 2 Earthwork 38

2-03 Roadway Excavation and Embankment 39 2-03.1 Description 40 (January 24, 2019 VA GSP) 41 42 Supplement this section with the following: 43 44 The Work described in this section, regardless of the nature or type of the material 45 encountered, includes excavating and grading the Roadway, the Retaining Walls, excavating 46 borrow pits, excavating below grade, excavating channels and ditches, removing slide 47 material, removing boulders, and disposing of all excavated material. 48 49 50 51


2.03.3(7) Disposal of Surplus Material 1 (July, 2019 VA GSP) 2 3 Add the following paragraph: 4 5 The Contractor is responsible to find a disposal site for excess material. A small quantity (~100 6 CY) of angular rock/boulders may be left with City approval at the City owned Staging Area 7 #1. 8 9 Excess material suitable for embankment can be placed and compacted to 90% density as 10 shown on the attached WDFW Fish Exclusion Screen – Access Road Plan and Profile View 11 drawing. 12 13 Add the following section: 14 15 2-03.3(20) Boulder Removal 16 17 Large boulders exist throughout the project area and their removal will be necessary in order 18 to construct the project. Boulders shall be removed as needed to excavate to the lines and 19 grades as shown on the plans. Boulders too large to be removed with normal excavation 20 equipment shall be broken into manageable sizes. Boulders shall be broken using the 21 following methods: 22 23

1) Hydraulic rock breaking hammers (Hoe Ram) such as NPK GH9 or approved equal 24 2) Magnum Buster by RocBurst LLC 25

26 Method 1) shall be the primary method for breaking boulders. Method 2) shall only be used in 27 specific situations with prior approval by Engineer if method 1) is determined to be 28 inappropriate or ineffective. Contractor shall be experienced and trained in the use of Magnum 29 Buster and shall provide satisfactory documentation to the Owner prior to use. 30 31 2.03.4 Measurement 32 (January 24, 2019 VA GSP) 33 34 Delete references to “Roadway Excavation and Haul” and “Common Borrow” items from the 35 first paragraph. 36 37 Delete paragraph five beginning with “Embankment Compaction”. 38 39 Supplement this section with the following: 40 41 “Roadway Excavation and Haul” and “Embankment Compaction” will not be measured in the 42 field. The quantities in the Proposal are listed only for the convenience of the Contractor in 43 determining the volume of work involved and are not guaranteed to be accurate. The 44 prospective bidders shall verify these quantities before submitting a bid. No adjustments other 45 than for approved changes will be made in the quantity even though the actual quantities 46 required may deviate from those listed. 47 48 “Common Borrow, including Haul” shall be measured by the cubic yard. Measurement by cubic 49 yard will be made in the hauling vehicle. 50 51 52


1 2.03.5 Payment 2 (January 24, 2019 VA GSP) 3 4 Delete “Common Borrow Incl. Haul” and the following paragraph and replace with the 5 following: 6 7 “Common Borrow Incl. Haul”, per cubic yard. 8 The unit contract price per cubic yard for “Common Borrow Incl. Haul” shall be full 9 compensation for all cost incurred for excavating, loading, hauling the material to and from the 10 site. Placing and compacting the material will be paid for under “Embankment Compaction”. 11 12 Supplement the paragraph under “Embankment Compaction”, per cubic yard with the 13 following: 14 15 This includes incorporating native embankment material excavated from the site or imported 16 common borrow into the embankment. 17 18 Division 4 Bases 19 20 4-04 Ballast and Crushed Surfacing 21 22 4-04.4 Measurement 23 (January 24, 2019 VA GSP) 24 25 Replace the first paragraph with the following: 26 27 Crushed surfacing top course, base course, ballast, and gravel base, will be measured by the 28 square yard in place and to the width noted on the plans. There will be no measurement or 29 payment for extra depth or width. 30 31 4-04.5 Payment 32 (January 24, 2019 VA GSP) 33 34 Replace payment for “Crushed Surfacing Top Course (or Base Course)” with the following: 35 36 “Crushed Surfacing Top Course (or Base Course)”, per square yard 37 38 Division 5 Surface Treatments and Pavement 39 40 5-04 Hot Mix Asphalt 41 42 5-04.4 Measurement 43 (January 24, 2019 VA GSP) 44 45 Replace the first paragraph with the following: 46 47 HMA Cl.____ PG____, HMA for Cl.____ PG____, and Commercial HMA will be measured by 48 the square yard in place and to the depth and payment limits noted on the plans. There will be 49 no measurement or payment for extra depth or width. 50 51 52


5-04.5 Payment 1 (January 24, 2019 VA GSP) 2 3 Replace payment for “Commercial HMA” with the following: 4 5 “Commercial HMA”, per square yard 6 7 Division 7 Drainage Structures, Storm Sewers, Sanitary Sewers, Water Mains, & 8

Conduits 9 10 7-05 Manholes, Inlets, Catch Basins, and Drywells 11 12 7-05.5 Payment 13 (January 24, 2019 VA GSP) 14 15 Add the following after “Catch Basin Type 2 ____ In. Diam.” per each.: 16 17 The unit Contract price per each for “Catch Basin Type 2 ___ In. Dia.” shall be full pay for 18 furnishing and installing catch basin, including all structure excavation, gravel base, interior 19 drain rock, grade rings, ring and cover, manhole rungs, and all other materials and items of 20 work not covered under other bid items but required to complete the catch basin as shown in 21 the plans. 22 23 7-08 General Pipe Installation Requirements 24 25 7-08.4 Measurement 26 (January 24, 2019 VA GSP) 27 28 Remove the reference to “gravel backfill for pipe zone bedding” in the first paragraph. 29 30 Add the following paragraph: 31 32 Gravel backfill for pipe zone bedding shall be measured by the lineal foot along the pipeline. 33 34 Delete the third paragraph. Include costs for trench excavation, removal and disposal of 35 excess materials in the bid item for pipeline installation. 36 37 7-08.5 Payment 38 (January 24, 2019 VA GSP) 39 40 Replace “Gravel Backfill for Pipe Zone Bedding”. per cubic yard with the following: 41 42 “Gravel Backfill for Pipe Zone Bedding”. per lineal foot. 43 44 7-09 Water Mains 45 46 7-09.3(7)B Rock Excavation 47 (January 24, 2019 VA GSP) 48 49 Replace the first paragraph of this section with the following paragraph: 50 51


Rock excavation shall cover the removal and disposal of rock that requires hydraulic rock 1 breaking for its removal and boulders exceeding 1 cubic yard. Ledge rock, boulders, or stones 2 shall be removed to provide a minimum clearance of 4 inches under the pipe. 3 4 7-09.4 Measurement 5 (January 24, 2019 VA GSP) 6 7 Replace the measurement for “Rock Excavation” with the following: 8 9 Measurement for rock excavation shall be per lineal foot of trench length in which rock 10 excavation is required regardless of depth of rock excavated. Measurement shall be to the 11 nearest lineal foot as measured in the field by the Engineer. 12 13 7-09.5 Payment 14 (January 24, 2019 VA GSP) 15 16 Replace payment for “Rock Excavation” with the following: 17 18 “Rock Excavation”, per lineal foot. 19 20 Division 8 Miscellaneous Construction 21 22 8-01 Erosion Control and Water Pollution Control 23 24 8-01.5 Payment 25 (January 24, 2019 VA GSP) 26 27 Replace the fourth paragraph with the following paragraph: 28 29 The unit Contract price per square yard for “Biodegradable Erosion Control Blanket.”, shall be 30 full pay for all costs to complete the specified work, including furnishing and installing the 31 angular gravel and cobble cover. 32 33 8-24 Rock and Gravity Block Wall and Gabion Cribbing 34 35 8-24.5 Payment 36 (January 24, 2019 VA GSP) 37 38 Add the following after “Gabion Cribbing”’ per cubic yard: 39 40 The unit Contract price per cubic yard for “Gabion Cribbing” shall also include furnishing and 41 installing the compacted CSBC leveling pad, gravel backfill for walls, non-woven geotextile for 42 underground drainage, placement and compaction of the on-site derived structural fill. 43 44 Supplement this section with the following: 45 46 8-50 Emergency Bypass Pumping 47 (January 24, 2019 VA GSP) 48 49 8-50.1 Description 50 51


“Emergency Bypass Pumping” includes provisions for the Contractor to provide the pumps, 1 piping, connections, electrical and controls, and personnel needed to provide a temporary 2 surface water supply from the existing water main upstream of the project to the City Water 3 Treatment Plant. The Contractor will provide and locate on or near the site, an 800 gpm 4 Bypass Pumping system that can be set up and operational within 24 hours of the City 5 requesting it. 24-hour operation of the Bypass Pumping system will be managed by the 6 Contractor under the direction of the City. 7 8 8.50.2 Measurement 9 10 The Bypass Pumping system includes three bid items. These are “Bypass Pumping – 11 Procurement”, “Bypass Pumping – Setup, Installation and Removal”, “Bypass Pumping – 12 Operation”. 13 14 “Bypass Pumping – Procurement/Standby” will be measured as a Lump Sum and will be the 15 cost for procuring the equipment needed to install the bypass, including pumps, piping, 16 electrical power and controls, and locating on or near the work site on standby and available 17 for installation and operation within 24 hours of notification. This shall also include removal of 18 materials after the new system has been accepted for operation by the City. 19 20 “Bypass Pumping – Setup, Installation and Removal” will be measured as a Lump Sum and 21 will be the cost to setup and remove the bypass equipment. This includes 22 connection/disconnection to the existing water main upstream of the work area and at the 23 Water Treatment Plant, all pumps, piping, electrical power and controls. 24 25 “Bypass Pumping – Operation” will be measured by each 24-hour day of operation, prorated 26 by the hour for days of operation of less than 24 hours as determined by the Engineer in the 27 field. 28 29 8.50.3 Payment 30 31 “Bypass Pumping – Procurement/Standby” per Lump Sum. 32 33 “Bypass Pumping – Setup, Installation and Removal” per Lump Sum. 34 35 “Bypass Pumping – Operation” per Day. 36 37 Division 9 Materials 38 39 9-30 Water Distribution Materials 40 41 9-30.1 Pipe 42 43 9-30.1(1) Ductile Iron Pipe 44 45 In list item 1. change “Special Thickness Class 50” to “Special Thickness Class 52”. 46

SPECIAL PROVISONS - Schedule B ICICLE CREEK FISH PASSAGE 1

SCHEDULE B: 1 2

ICICLE BOULDER FIELD PASSAGE- STEP POOL CHANNEL 3 4

INTRODUCTION TO THE SPECIAL PROVISIONS - DIVISION 2 THROUGH 9 5 6 (July 2019 VA GSP) 7 8 The work on this project shall be accomplished in accordance with the Standard Specifications 9 for Road, Bridge and Municipal Construction, 2018 edition, as issued by the Washington State 10 Department of Transportation (WSDOT) and the American Public Works Association (APWA), 11 Washington State Chapter (hereafter “Standard Specifications”). The Standard Specifications, 12 as modified or supplemented by these Special Provisions, all of which are made a part of the 13 Contract Documents, shall govern all of the Work. 14 15 These Special Provisions are made up of both General Special Provisions (GSPs) from various 16 sources, which may have project-specific fill-ins; and project-specific Special Provisions. Each 17 Provision either supplements, modifies, or replaces the comparable Standard Specification, or is 18 a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of 19 the Standard Specifications is meant to pertain only to that particular portion of the section, and 20 in no way should it be interpreted that the balance of the section does not apply. 21 22 DIVISION 2 – EARTHWORK 23 24 2-03 ROCK EXCAVATION AND DISPOSAL 25 26 2-03.1 Description 27 This section is supplemented with the following: 28 29 The work includes drilling, breaking and cracking rock using various methods to remove rock from 30 the project site. Of the 2235 CY estimated for rock removal, approximately 1560 CY is from large 31 boulders which will need breaking multiple times to get to a size to haul off. 32 33 2-03.3 Construction Requirements 34 This section is supplemented with the following: 35 36 1. Large boulders exist throughout the project area and their removal will be necessary in order 37 to construct the project. Boulders shall be removed as needed to excavate to the lines and grades 38 as shown on the plans and create the pools and steps as directed by the Engineer. Boulders too 39 large to be removed with normal excavation equipment shall be broken into manageable sizes. 40 Boulders shall be broken using the following methods: 41 42

1) Hydraulic rock breaking hammers (Hoe Ram) such as NPK GH9 or approved equal; 43 and 44

2) Magnum Buster by Rocburst LLC 45 46 2. The spoil area shall be provided by the contractor as a submittal. 47 48 3. When Magnum Buster is used, any remaining Magnum Buster casing fragments will be 49 retrieved and properly disposed of (as non-hazardous waste). 50


2-03.4 Measurement 1 This item will be measured with documented trip tickets of cubic yards of rock removed 2 from the project site in terms of truck loads. Trip tickets with cubic yards hauled to the 3 spoil area will be required for payment. 4 5 2-03.5 Payment 6 Payment will be based on the cubic yards of rock removed and spoiled at the spoil site. 7 8 DIVISION 8 – MISCELLANEOUS CONSTRUCTION 9 10 8-01 EROSION CONTROL AND WATER POLLUTION CONTROL 11 12 8-01.1 Description 13 This section is supplemented with the following: 14 15 This work consists of the construction of a series of coffer dams, silt fence and silt curtain, 16 dewatering sumps and a sedimentation pond, to isolate the work area from the flowing water. 17 18 8-01.3(1) General 19 This section supplemented with the following: 20 21 The Contractor shall be aware of the potential for rock dust from drilling and fines from rock 22 breaking entering the creek. The Contractor shall control the potential for rainfall runoff eroding 23 freshly exposed materials. 24 In anticipation of rain events, the Contractor shall be prepared to place erosion and sediment 25 control Best Management Practices (BMPs) with Project Manager approval. It is the Contractor’s 26 responsibility to install and maintain BMPs as necessary to prevent siltation. Erosion and 27 sediment control BMPs to be used shall conform to the current Stormwater Management Manual 28 for Eastern Washington, Department of Ecology Publication #04-10-076, Chapter 7 – 29 “Construction Stormwater Pollution Prevention.” And the “Erosion and Sediment Control and 30 Water Management Plan, prepared by Varela and Associates, Inc. July 16, 2019”. 31 32 8-01.3(1)C Water Management 33 This section is modified as follows: 34 35

1. Water that comes in contact with construction activity shall be pumped away from the site, 36 into a sediment containment pond. The Contractor shall be responsible for the proper disposal 37 of the sediment laden water and sediment in the containment pond at an approved site as 38 shown in the “Erosion and Sediment Control and Water Management Plan, prepared by 39 Varela and Associates, Inc. August 30, 2019”. 40 41 2. Process Water. No change 42 43 4. Offsite Water. No change 44

45 5. Stream Water. This section added; 46

47 For the upper portion of the project the contractor shall install sandbag cofferdams to 48 isolate the work area from the flowing water and remove any fish in isolated pools. The 49 lower portion of the site cannot likely be dewatered so the work area needs to isolated 50


from the flowing water with a silt curtain. If at any time the water below the work area has 1 sediment or other materials entering the creek, the water must be pumped to an upland 2 infiltration site. Fish will be present within this lower work area so the pump shall meet the 3 requirements for fish screening per WDFW fish screening guidelines. A submittal to the 4 Engineer is required for the fish screen. 5 6 Timing of fish removal shall be identified in the progress schedule submitted by the 7 Contractor. 8 9 Dewatering and rewatering of the stream channel after completion of the instream 10 construction shall be done gradually so there is no discernable change in streamflow 11 downstream of the Project. Dewatering, rewatering, and any other changes to streamflow 12 shall be done only after approval of Project Manager. 13 14 In performing work near the flowing stream, the Contractor shall pay particular attention 15 to the conditions of issued permits and authorizations requiring the minimization of 16 turbidity and siltation and adherence to water quality requirements. 17

18 All work shall be scheduled per the Hydraulic Project Approval issued by WDFW. 19 20 All rock removal shall be done “in the dry,” meaning that all work in terms of drilling or 21 breaking shall occur within a maximum distance of one vertical foot away from the water 22 surface. 23 24 The contractor should also be aware of the potential for stormwater discharge during times 25 of rainfall. 26

27 8-01.4 Measurement 28 Measurement for this work shall be based on a percentage of the overall project work completed. 29 30 8-01.5 Payment 31 Payment for these items shall be based on a percentage of the overall project work completed. 32 33 8-19 ACCESS 34 This section is added. 35 36 8-19.1 Description 37 This item includes any additional rock excavation or creation of staging areas for excavators or 38 cranes to reach the rock removal and placement areas identified on the plans. Some rock removal 39 and placement areas are located 90 feet from the existing access road. 40 41 8-19.3 Construction Requirements 42 A construction access and staging plan is required as a submittal to be approved by the Project 43 Manager and Engineer. 44 45 8-19.4 Measurement 46 There is no specific measurement for “Access”. 47 48 8-19.5 Payment 49 Payment is based as a percentage of work completed for overall project. 50


1 8-26 POOL EXCAVATION 2 This section is added. 3 4 8-26.1 Description 5 This item includes drilling and breaking of rock and removal to create pools as shown on the 6 project plans. This item also includes placement of a gradation of boulders/cobbles and gravel ( 7 5 CY per Pool) to block or seal select voids as identified by the Engineer. 8 9 8-26.2 Materials 10 Streambed Boulders, Cobbles and Gravel 11 12 8-26.3 Construction Requirements 13 Rock breaking and removal will be at the direction of the engineer to shape the pools relative to 14 the steps. The removal shall not disturb the steps areas. 15 16 8-26.4 and 8-26.5 Measurement and Payment 17 Measurement and Payment will be based on the cubic yards of rock removed below the top of 18 step line shown on the project plans in cubic yards or boulders/cobbles and gravel to seal voids. 19 20 8-27 STEP CONSTRUCTION 21 This section is added. 22 23 8-27.1 Description 24 Steps will be constructed after the pool excavation is complete and the conditions have been 25 reviewed by the engineer. Some of the steps may just be existing rock which can be left in place 26 and no work is needed. Some will require drilling and breaking and placement of rock, cabling 27 and filling voids with boulders, cobbles and gravel. 28 29 8-27.2 Materials 30 1. Boulders from Site as Directed by Engineer 31 2. ¾” Non-Galvanized Wire Rope and Epoxy Grout 32 3. Boulders, Cobbles and Gravel 33 34 8-27.3 Construction Requirements 35 1. The pools will be excavated to the grades and lines shown on the project plans. 36 37 2. After pool excavation the Engineer will determine if the steps are adequate as is, need minor 38 modifications, or require removal of loose unstable rock and placement of larger rock as per the 39 plans. 40 41 3. Boulder size shall range from 4 to 6 feet (2 to 5 TON) and be placed in a manner to be 42 buttressed against larger stable boulders. Approximate material amount to construct each step 43 is 35 CY. Boulders from the excavation may be used. 44 45 A rock lift grappler or similar will be required to lift and place the boulders. Note: A submittal is 46 required for this item to be reviewed and approved by the Engineer. 47 48 8-27.4 and 8-27.5 Measurement and Payment 49 Measurement and Payment will be based on each step constructed. 50 51


8-28 MODIFY BOULDER 14, 17, 19 AND 77 1 This section is added. 2 3 8-28.1 Description 4 This work includes removing a portion of each boulder. Boulder 14 has 8-foot-wide section to be 5 removed, Boulder 17 has a 4-foot-wide section to remove, Boulder 19 has a 2 to 3-foot section to 6 be removed to open up and improve an existing passage route, and Boulder 77 is being lowered 7 2 to 3 feet to allow more flow to the fishway area. 8 9 8-28.3 Construction Requirements 10 All boulders will be within the dewatered portion of the work area. The boulders shall not be 11 moved, but only a portion shaved off. For bidding purposes, the following cubic yards apply. The 12 engineer will stake the extent of removal. 13 14 Boulder 14 – 45 CY 15 Boulder 17 – 9 CY 16 Boulder 19 – 3 CY 17 Boulder 77 – 3 CY 18 19 8-28.4 and 8-28.5 Measurement and Payment 20 Measurement and Payment will be based on lump sum per the bid list. 21 22 8-30 BOULDER 28, 50, 51 AND 59 REMOVAL 23 This section is added. 24 25 8-30.1 Description 26 This work includes removing four large boulders from the spill area of the main falls to reduce 27 turbulence and improve fish passage. The removal amount is approximately 160 CY. 28 29 8-30.3 Construction Requirements 30 1. All boulders are located in an area with water, but the removal only goes down to the low 31 summer water surface. There will be no work in the water. This area will have water due to 32 seepage through the boulders. 33 34 2. Methods for removal will be limited to drilling and cracking with boulder buster (typical). By 35 products such as dust from the drilling or compounds left by the removal process, must not enter 36 the water. If such materials do enter the water the contractor must pump contaminated water 37 from around the work area to an offsite settling pond. 38 39 3. If rocks are clean and in pre-project condition the pieces may be spoiled within the water and 40 deep pools surrounding the rocks. 41 42 8-30.4 and 8-30.5 Measurement and Payment 43 Measurement and Payment will be based on the removal of all four boulders and per the bid list. 44 45 8-31 BOULDER PLACEMENT 46 This section is added. 47 48 8-31.1 Description 49 This work includes the placement of large boulders from the excavation site in three separate 50 locations to block flow and raise the water surface. 51


8-31.3 Construction Requirements 1 2 1. The three sites are shown on the project plans. 3 4 2. Boulder size shall range from 4 to 6 feet (2 to 5 TON) and be placed in a manner to be 5 buttressed against larger stable boulders. Boulders from the excavation may be used. A rock lift 6 grappler or similar will be required to lift and place the boulders for the desired accuracy. 7 8 3. The work shall be done before the pools are excavated to allow equipment access down to 9 the lower portion of the channel. 10 11 8-31.4 and 8-31.5 Measurement and Payment 12 Measurement and Payment will be based on each boulder placed as per the bid list. 13 14 8-32 YEAR 2 PROJECT MODIFICATIONS 15 This section is added. 16 17 8-32.1 Description 18 This work may include the hand drilling and cracking of boulders to modify the fish passage 19 channel. The site will be monitored after a season of high flows to determine what is needed. 20 21 8-32.3 Construction Requirements 22 The contractor shall submit hourly rates for the equipment and crew to be used for the work. 23 24 8-32.4 and 8-31.5 Measurement and Payment 25 Measurement and Payment will be based on hourly rates for equipment and crews. A bid amount 26 has been inserted that is to be used by all bidders to provide an equitable bid amount for this item. 27 28 DIVISION 9 – MATERIALS 29 30 Materials in Section 8 and 9 31 32 All materials specifications noted within these Contract Documents shall be as specified in Section 33 8 and 9 unless indicated otherwise. 34

SPECIAL PROVISONS - SCHEDULE C ICICLE CREEK FISH PASSAGE 1

SCHEDULE C: 1 CITY OF LEAVENWORTH - FISH EXCLUSION PROJECT 2

3 INTRODUCTION TO THE SPECIAL PROVISIONS - DIVISION 2 THROUGH 9 4

5 (February 26, 2020 WDFW GSP) 6 7 The work on this project shall be accomplished in accordance with the Standard Specifications 8 for Road, Bridge and Municipal Construction, 2018 edition, as issued by the Washington State 9 Department of Transportation (WSDOT) and the American Public Works Association (APWA), 10 Washington State Chapter (hereafter “Standard Specifications”). The Standard 11 Specifications, as modified or supplemented by these Special Provisions, all of which are 12 made a part of the Contract Documents, shall govern all of the Work. 13 14 These Special Provisions are made up of both General Special Provisions (GSPs) from 15 various sources, which may have project-specific fill-ins; and project-specific Special 16 Provisions. Each Provision either supplements, modifies, or replaces the comparable 17 Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition 18 to any subsection or portion of the Standard Specifications is meant to pertain only to that 19 particular portion of the section, and in no way should it be interpreted that the balance of the 20 section does not apply. 21 22 The project-specific Special Provisions are not labeled as such. The GSPs are labeled under 23 the headers of each GSP, with the effective date of the GSP and its source. For example: 24 25 (March 8, 2013 APWA GSP) 26 (April 1, 2013 WSDOT GSP) 27 (May 1, 2013 VA GSP) 28 29 Also incorporated into the Contract Documents by reference are: 30



35 Contractor shall obtain copies of these publications, at Contractor’s own expense. 36 37 Division 2 Earthwork 38 39 2.03 Roadway Excavation and Embankment 40 41 2.03-3(14)B Earth Embankment Construction 42 (February 26, 2020 WDFW GSP) 43 44 Delete this section and replace with the following: 45 46

1. Embankment Construction - Select Borrow meeting 9-03.14(2), either manufactured 47 onsite or imported, shall be placed to grade as shown on the plans. Larger rocks from 48 rock breaking activities onsite may be integrated into the embankment as ballast with 49 Engineer approval. Material shall be placed allowing for 6” compacted depth of 50 surfacing and 12” compacted depth of ballast. Embankment shall be compacted full 51 width in 12-inch lifts by four coverages with a vibratory drum roller weighing at least 52


10,000 pounds operating at a maximum speed of 3 mph. For embankment segments 1 too narrow to accommodate a drum roller, a boom mounted vibratory compactor, 2 vibratory plate compactor or walk behind vibratory roller shall be used. With hand 3 operated compaction equipment, three coverages shall be made in 6-inch lifts. Sliver 4 fills are not allowed. When tying into an existing slope, a keyway of 3 feet shall be 5 excavated, and then material shall be backfilled and compacted as specified above. 6 7

2. Ballast and Surfacing - The ballast and surfacing of the road shall be covered to the 8 specified depth and cover the entire subgrade. Crown shoulders, subgrade and 9 surface course –0.02ft/ft or as indicated on plans. A smooth transition shall be created 10 between the existing road height and the post construction road height. 11

12 Surfacing shall be placed in accordance with the plans section. Care shall be taken 13 during placement and compaction so that no damage occurs to the existing and new 14 improvements. Ballast rock shall be compacted prior to the placement or application 15 of surfacing rock. Surfacing rock shall be applied full depth to the road width as 16 specified on the plans. 17 18

3. Road Surfacing and Ballast Compaction - Surfacing shall be compacted in lifts not 19 to exceed 6 inches. Compaction shall be by a smooth-drum vibratory roller weighing 20 at least 10,000 pounds. Four complete passes shall be made at a maximum operating 21 speed of 3 mph. Water may be requested to be added by the Project Manager to 22 improve compaction. 23

24 Division 6 Structures 25 26 6-02 Concrete Structures 27 (February 26, 2020 WDFW GSP) 28 29 Delete this section in its entirety and replace with the following: 30 31 6-02.1 Description 32 This section includes materials and methods for the construction of the “Fish Exclusion 33 Screen” Structure (and its parts) made of Portland cement concrete with or without 34 reinforcement. 35 36 6-02.2 Materials 37 38 6-02.2(1) Vapor Barrier 39 A 6 mil polyethylene vapor retarder with joints lapped not less than 6 inches shall be placed 40 between the base course and the concrete floor slab. 41

42 6-02.2(2) Form Release Agent 43 Form-Release Agent shall be Nontoxic, colorless material compatible with concrete tints, non-44 residual, and which will not stain concrete, absorb moisture, or impair subsequent applications. 45 L&M Construction Chemicals “Debond” or approved equal. Form-release agents for concrete 46 in contact with process water shall be certified by the U.S. Department of Agriculture. The 47 agent shall have VOC loss of 350 grams/liter or less. 48

49 50


6-02.2(3) Form Ties 1 2

1. Form ties for water-holding structures and on walls exposed to weather or earth shall 3 have conical or spherical-type inserts, and be so constructed that when the forms are 4 removed, no metal shall be within 5/8 inch of any surface. Plastic or rubber inserts 5 shall be used with flat bar ties for panel forms, be a minimum of 1 inch in depth, and of 6 sufficient dimensions to permit proper grouting of the tie hole. All form ties shall provide 7 adequate and positive spacing of the forms before and during the placing and 8 processing of the concrete. Wire form ties will not be allowed. 9

2. For non-water holding structures, form ties shall be metal, factory fabricated, 10 removable or snap-off, that will leave holes no greater than 1/2 inch to 1 inch in 11 diameter, not less than 1½ inches deep in surfaces to be exposed or painted, and shall 12 not project beyond the concrete elsewhere. 13

14 6-02.2(4) Formwork 15 16

1. As a minimum, all forms shall be 3/4 inch plyform with all edges supported, except for 17 special locations as approved by the Engineer. 18

2. As a minimum, forms shall have double 2 inch by 4 inch walers at 24 inches o.c. and 19 a maximum snap tie spacing of 24 inches o.c., or single wale camlock-style forms 20 where approved by the Engineer. For exposed surfaces, deflection of plywood, studs, 21 or wales shall be limited to L/400 of the span (or L/360 of the span for unexposed 22 surfaces). 23

3. For narrow walls, etc. where the bottom of the form is inaccessible, lower form boards 24 shall be left loose so that they may be removed for cleaning out extraneous material 25 immediately before placing the concrete. 26

4. The Contractor shall be responsible for ensuring the adequacy of all formwork to 27 produce in the finished structure the lines, grades, and tolerances indicated on the 28 Contract Drawings. 29

5. All forms shall be built mortar tight and of sufficient rigidity to prevent distortion due to 30 pressure of the concrete and other incidental construction loads, including the effects 31 of vibration of concrete. 32

6. The Contractor shall provide bracing to ensure stability of formwork. Strengthen 33 formwork liable to be overstressed by construction loads. 34

7. The Contractor shall construct formwork to maintain stated tolerances. 35 8. Provide 3/4 inch by 3/4-inch chamfer strips at all exposed edges or corners of concrete. 36

37 6-02.2(5) Reinforcing Steel 38 Uncoated-finish steel reinforcing bars shall consist of Grade 60 (unless noted otherwise) 39 round, deformed bars. Deformed reinforcing bars for concrete reinforcement shall conform to 40 the requirements of ASTM A615. Reinforcing bars requiring welding as shown on the Drawings 41 shall conform to ASTM A706. 42 43 Reinforcing steel shall be cleaned of loose rust and scale, oil, dirt, paint, laitance, or other 44 substances that may be detrimental to or reduce bonding of the steel and concrete. All 45 reinforcing steel shall be embedded in the concrete with a minimum clear cover as 46 recommended by ACI 318. 47 48 6-02.2(5)A Fabrication and Bending 49 50

a. All bars shall be bent cold. If approved by the Engineer, welding shall be performed by 51 certified welders in accordance with AWS D1.4. 52


b. Unless otherwise shown on the Drawings, the Contractor shall fabricate reinforcing to 1 provide clearances as listed under Minimum Cover. 2

c. Reinforcement partially embedded in concrete shall not be field bent, except as 3 permitted by the Engineer, or as shown on the Drawings. 4 5

6-02.2(5)B Hooks and Bends 6 Hooks and bends of steel reinforcing bars shall be bent to the inside diameters specified in 7 ACI 318, as shown below. 8

9 10 11 12 13 14 15 16 17 18 19 20 21

22 6-02.2(5)C Splicing 23 All steel bars used for concrete reinforcement shall be furnished in the full lengths where 24 possible. Splices that are permitted or shown on the Drawings shall be well distributed or 25 located at points of low tensile stress. Locate reinforcing lap splices not indicated on the 26 Drawings at points of minimum stress. Indicate location of splices on shop drawings. No 27 splices will be permitted at points where the section is not sufficient to provide a minimum 28 distance of 2 inches between the splice and the nearest adjacent bar or the surface of the 29 concrete. The bars shall be rigidly clamped or wired at all splices. Bars that are lapped for 30 splicing shall be placed in contact for the length of the splice and tied together. Splices shall 31 be staggered where possible. 32 33 Unless otherwise detailed on the Drawings, the minimum splice lengths shall be as follows: 34

35

BAR#

GRADE 60 PLAIN Concrete Compressive Strength

3000 psi 4000 psi

3 & under 2’ 2’

4 2’ 2’

5 2’-4” 2’-4”

6 3’ 2’-9”

7 4’ 3’-6”

8 5’-3” 4’-7”

9 6’-8” 5’-9” 36

6-02.2(5)D Accessory Materials 37 General: Chairs, bolsters, bar supports, and spacers shall be sized and shaped for strength 38 and support of reinforcement during installation and placement of concrete. Materials shall be 39 manufactured from standard bright basic wire. 40

TABLE 03210 - 2.04 Stirrups and Ties:

Sizes No. 5 and Smaller 4 Bar Diameters Sizes No. 6 Through No. 8 6 Bar Diameters Sizes No. 9 Through No. 11 8 Bar Diameters Sizes No. 14 and No. 18 10 Bar Diameters

Other than for Stirrups and Ties: Sizes No. 3 Through No. 8 6 Bar Diameters Sizes No. 9 Through No. 11 8 Bar Diameters Sizes No. 14 and No. 18 10 Bar Diameters


6-02.2(5)D1 Bar Supports 1 Girder and slab reinforcement steel shall be supported on mortar blocks not more than 1½ 2 inches square. The blocks shall be constructed of mortar mixed in the same proportions of 3 sand and cement as used in the concrete. 4

5 6-02.2(5)D2 Mortar Blocks 6 Shall have a tie wire embedded, and the protruding ends shall be tied to the reinforcing steel 7 to hold the mortar blocks in place. Mortar blocks with a grooved top may be used for supporting 8 steel in slabs. If metal chair supports are used as steel supports for reinforcing bars, all 9 surfaces of the chair supports not covered by at least ½-inch of concrete shall be treated by 10 one of the following methods: 11

12 a. Hot-dip galvanized after fabrication in accordance with ASTM A153 Class D. 13 b. Plastic coating, provided that the plastic is firmly bonded to the metal, has a minimum 14

thickness of 3/32-inch at point of contact with the form and is not chemically reactive 15 with the concrete. The plastic shall not shatter or crack at temperatures down to of -16 5°F, nor will it deform sufficiently to expose the metal at a temperature of 200°F. Plastic 17 coatings that have shattered, cracked, or deformed enough to expose the metal will be 18 rejected. 19

c. Stainless steel conforming to the requirements of ASTM A493 Type 302. 20 21

6-02.2(5)D3 Tie Wire 22 Tie Wire shall be made with a minimum 16-gauge, annealed-type tie wire. 23

24 6-02.2(5)D4 Mechanical Splices 25 Shall develop at least 125 percent of the specified yield strength of the unspliced bar. The 26 ultimate tensile strength of the mechanical splice shall exceed that of the unspliced bar. 27 Mechanical lap splices shall not be used. 28

29 6-02.2(6) Water stop 30 Waterstop shall be 4-inches wide, PVC, 4” x 3/16” Ribbed Center Bulb, manufactured by 31 Sika/Greenstreak Group, Inc. – Model Number 702 – Type CH2M Hill; or Engineer approved 32 equal. Corners shall be miter, shop manufactured. Splices shall be welded in accordance with 33 manufacturer’s requirements and recommendations. 34

35 6-02.2(7) Expansion Joint Material 36

37 1. Pre-formed expansion joint material shall be rubber compound, conforming to ASTM 38

D1752, Type 1, and be full depth of the joint, less expansion joint sealant and 39 backerrod, 1/2 inch thick. A.P.S., Rubber Expansion Joint Filler or Engineer approved 40 equal. 41

2. Pre-formed expansion joint material for driveways, sidewalks, etc. shall be asphalt 42 impregnated fiber, conforming to ASTM D994, full depth of joint, 1/2 inch thick. A.P.S. 43 Fiber Board or Engineer approved equal. 44

45 6-02.2(8) Expansion Joint Sealant 46 Sealant shall be one part cold applied, non-sagging silicone. Color shall be gray. Movement 47 capability shall be +100% / -50% per ASTM C719. Dow Corning NS Parking Structure Sealant 48 or Engineer approved equal. Depth of sealant shall be 1/2 the joint width, utilizing closed-cell 49 foam back rod under the sealant. 50

51 52


6-02.2(9) Concrete 1 2 6-02.2(9)A Concrete Submittals 3 4

A. Manufacturer's Data - Concrete Work: Submit manufacturer's data with application 5 and installation instructions for proprietary materials and items, including admixtures, 6 patching compounds, water stops, joint systems, dry-shake finish materials, grout, and 7 others as requested by the Engineer. 8

B. Placement Schedule: Prepare a placement schedule and submit it for review prior to 9 start of concrete placement operations. 10

C. Delivery Tickets: Furnish copies of delivery tickets for each load of concrete delivered 11 to the site. Provide items of information to the Engineer as specified under ASTM C94 12 - Certification. 13

D. Furnish results of tests certifying conformance made by a recognized testing laboratory 14 acceptable to the Engineer. 15

16 6-02.2(9)B Concrete Materials 17 18 6-02.2(9)B1 Cement 19 20

1. Cement shall meet the requirements of WSDOT Standard Specifications 9-01. All 21 cement used in this work shall be taken from stock bins at the place of manufacture. 22

2. Cement delivered to the site of the work shall at all times be suitably stored or protected 23 from exposure to the atmosphere. If the cement shows signs of deterioration, it shall 24 be removed from the work site unless additional tests show that it conforms to the 25 requirements stated above. 26

27 6-02.2(9)B2 Aggregates 28 29

1. Fine Aggregate: Fine aggregate shall conform to WSDOT Standard Specifications 9-30 03.1(2)B and shall consist of sand or other inert materials or combinations thereof 31 having hard, strong, durable particles free from adherent coating. Fine aggregate shall 32 be washed thoroughly to remove clay, loam, alkali, organic matter, or other deleterious 33 matter. 34

2. Coarse Aggregate: Coarse aggregate shall conform to WSDOT Standard 35 Specifications 9-03.1(4)C , AASHTO Grading No. 67 or 57 and shall consist of gravel, 36 crushed stone, or other inert material or combinations thereof having hard, strong, 37 durable pieces free from adherent coatings. It shall be washed thoroughly to remove 38 clay, silt, bark, sticks, alkali, organic matter, or other deleterious material. Use of pit or 39 bank-run gravel is not permitted. 40

3. Combined Aggregate Gradation: As an option to using coarse and fine graded 41 aggregates, aggregate gradation may consist of a combined gradation with a nominal 42 maximum size of 1 inch or 3/4 inch per WSDOT Standard Specifications 9-03.1(5)B. 43 Approved aggregates shall be so stored as to prevent deterioration, segregation, or 44 intrusion of foreign matter. Improper storage will be considered a reason for rejection 45 of affected aggregate. 46

47 6-02.2(9)B3 Water 48 Water shall be any potable water, clean and free of injurious amounts of oil, acid, alkali, and 49 organic material. Water containing 2 percent or more common salt shall not be used. 50

51 52


6-02.2(9)B4 Project Mix 1 Project Mix shall be MIX # 4 or as noted on the structural note sheet. 2 3

TABLE 03300 - 2.05- A

Mix Design 1 2 3 4

Specified Compressive Strength at 28 days, minimum psi. 4500 4500 3000 3000

Air Entrainment None1 4.5-7.5% None1 4.5-7.5%

Cementitious, pounds per cubic yard, minimum pounds 564 564 564 564

Water/cement by weight, maximum 0.44 0.382

0.44 0.382

0.50 0.452

0.50 0.452

1No entrained-air content, entrapped air only. 4 2Reduced water/cement ratio applies to concrete for underwater placement (4000W) or low-5 shrink concrete (LS) requirements. Use of a water-reducing admixture is mandatory for these 6 applications. 7

8 1. Mix concrete in accordance with ASTM C94. The specified compressive strength at 9

28 days are listed below. The Contractor shall ensure that the water/cement ratio does 10 not exceed the specified amount. The maximum slump for concrete shall per Section 11 6-02.2(9)B5 Consistency. 12

2. Use accelerating admixtures in cold weather only when reviewed and accepted by the 13 Engineer. Use of admixtures will not relax cold weather placement requirements. 14

3. Use set-retarding admixtures during hot weather only when reviewed and accepted by 15 the Engineer. 16

4. Use water-reducing admixtures as reviewed and accepted by the Engineer. 17 5. Contractor may use fly ash or ground granulated blast furnace slag (GGBFS) as a 18

constituent of the concrete. A mix design shall be provided for Engineer's approval 19 before usage. 20

6. Failure of any concrete to meet the specified 28-day strength in place as determined 21 by test cylinders shall be reason for removal of the entire pour, and any subsequently 22 placed concrete will be thereby jeopardized. All work necessary for correction will be 23 at the Contractor's expense. 24

7. Should the concrete not meet the 28-day test strength, the Contractor may at his option 25 and expense make test coring’s and tests to the satisfaction of the Engineer. 26

27 6-02.2(9)B5 Consistency 28 The maximum slump shall be: 29

1. 4-1/2 inches for vibrated concrete. 30 2. 7 inches for non-vibrated concrete (Includes Class 4000P) 31

32 When a high range water reducer is used, the maximum slump listed may be increased an 33 additional 2 inches. 34 35 For self-consolidating concrete (SCC), the slump requirements specified above do not apply, 36 and are instead replaced by the target slump flow range specified as part of the SCC mix 37 design. 38 39 40


6-02.2(9)B6 Admixtures 1 2

1. Air Entrainment: An air-entraining admixture meeting ASTM C260 shall be used when 3 specified in 6-02.2(9) B4 Project Mix. 4

2. Chemical Admixture: Water-reducing, retarding, and/or accelerating admixtures shall 5 be used when specified in 6-02.2(9) B4 Project Mix, meeting ASTM C494 or as 6 approved by the Engineer. 7

3. Calcium chloride shall not be used. 8 4. If used, concrete admixtures shall be added to the concrete mix at the time of batching 9

the concrete or in accordance with the manufacturer’s written procedure. A copy of 10 the manufacturer’s written procedures shall be submitted to the Owner prior to the 11 mixing of concrete. 12

13 6-02.2(9) B7 Bonding Agent 14 Bonding agent for bonding new concrete to hardened concrete shall conform to ASTM-C-881, 15 Type II for non-load bearing, and Type V for load bearing. Bonding agent shall be Dayton 16 Superior Sure Bond J58, or Engineer approved equal. 17

18 6-02.2(10) Grout 19 20

A. Nonshrink grout shall consist of a hydraulic cementitious system conforming to ASTM 21 C 1107 (Grade C), specially graded and composed of processed natural fine aggregate 22 and additives as required. The material shall meet all of the following requirements: 23 28-day compressive strength: f’c= 7500 psi, Nonmetallic, Free of gas-producing or 24 releasing agents, Free of oxidizing catalysts, Free of inorganic accelerators, including 25 chlorides, SikaGrout 212, or approved equal. 26

B. Epoxy grout for embedding rebar, brick ties, and bolts shall be a 2-component mixture 27 conforming to IBC seismic requirements, Hilti HIT-RE 500-SD or Engineer approved 28 equal. Application of all epoxy grout shall be in accordance with the manufacturer's 29 specifications or instructions. 30

C. General-purpose grout for grout fills shall consist of 1 part Portland cement, 1 part fine 31 aggregate, and 2 parts coarse aggregate by volume. The aggregate in the nominal 32 mix may be varied slightly to give the most workable mix, but in no case shall the 33 volume of the coarse material be less than 1½ times the volume of the fine. No more 34 than 5 gallons of mixing water, including moisture in the aggregate, shall be used for 35 each sack of Portland cement. The consistency shall be the driest consistency 36 possible. 37

D. Grout used for anchoring reinforcing bars into rock shall be cementitious with Sika 38 Intraplast-N grouting aid as an expansion/fluidifying water-reducing admixture, or 39 Engineer approved equal. The grout mix design shall be in accordance with the 40 admixture manufacturer’s recommendations for the intended use. Contractor shall 41 submit mix design for Engineer’s approval. 42

43 6-02.2(11) Mortar 44 Mortar for build-up at various surfaces and hand-sack rubbing shall be composed of 45 approximately 1 part Type II Portland cement, 1½ to 2 parts silica sand (for sack finishing) or 46 sand passing No. 16 sieve (for build-up), an amount of air-entraining admixture per sack of 47 cement to produce an air content of 9 percent by volume, and sufficient water to make a 48 workable mix with consistency like thick cream. Masonry sand shall not substitute for silica 49 sand for sack finishing. Thicker mix is required for filling voids. Sand, cement, water, and air-50 entraining admixture shall be as specified for concrete. 51

52


6-02.2(12) Curing Materials 1 2

A. Water shall be clean, potable and not detrimental to concrete. 3 B. Absorptive mat shall be burlap-polyethylene, 8 ounces per square yard, bonded to 4

prevent separation during use. 5 C. Concrete curing compound shall be of a standard and uniform quality, ready for use as 6

shipped by the manufacturer. Contractor shall verify curing compound compatibility 7 with required concrete surface finishes as noted on the Drawings. The curing 8 compound shall conform to ASTM C309, Type 1, Class A or B, and shall be clear with 9 no discoloring. Curing compounds shall be certified nontoxic to fish, or approved by 10 the engineer. 11

D. Curing compound for interior slabs and interior walls shall be L&M Construction 12 Chemicals “Cure-R” or Engineer approved equal. 13

E. Polyethylene Film shall conform to ASTM D2103 and shall be 6-millimeter-thick and 14 white in color. 15

16 6-02.2(13) Concrete Waterproofing 17 18 6-02.2(13)A Exterior of Vault Surface (In contact with backfill soil) 19 Concrete below grade shall be coated with bituminous or cementitious paste applied per 20 manufacturer’s recommendations. Contractor shall provide a submittal of the product 21 intended for application for approval. 22

23 6-02.2(13)B Concrete waterproofing in/outside of wet well 24 Concrete walls and floor interior to the vault shall be coated with a liquid applied coating 25 approved for contact with potable water. A cement sack finish, Sikagard EP-resin based 26 coating, or approved substitute shall be submitted by the Contractor for approval. 27

28 6-02.2(14) Penetrations 29 Openings in concrete floors, walls, and ceilings from piping, conduit, and fastener penetrations 30 shall be filled with non-shrink grout and finished to match the adjacent area. 31 32 6-02.3 Methods 33 34 6-02.3(1) Concrete 35 Placing Reinforcing Steel: 36

1. Reinforcing steel shall be accurately placed in the positions shown on the Drawings 37 and held securely during the pouring of the concrete. In general, all reinforcement shall 38 be put in proper position and securely wired and blocked before concrete is poured in 39 any section. Stirrups and ties shall always pass around and be securely tied to the 40 main flexural/tension steel members. Girder and slab reinforcing steel shall be 41 supported on mortar blocks or other approved means of support. Tack welding of 42 reinforcing bars shall not be allowed. If approved by the Engineer, welding shall be 43 performed by certified welders in accordance with AWS D1.4. 44

2. Before placing concrete, clean reinforcement of foreign particles, loose scale, or 45 coatings. The Contractor shall place, support, and secure reinforcement against 46 displacement. Do not deviate from alignment or measurement. 47

3. At all openings in structural slabs and walls, provide a minimum of 1 No. 4 bar at each 48 of the top and bottom of slab or faces of wall or slab at 45 degrees on all 4 corners, in 49 addition to a minimum of 1 No. 4 bar on all sides of square or rectangular openings, 50 and hoops at each face for each round opening, unless otherwise shown on the 51 Drawings. 52


4. The Contract or shall notify the Engineer when reinforcing is in place for inspection of 1 reinforcement prior to placement of concrete. No concrete shall be placed until the 2 Engineer or his representative has inspected the placing of the reinforcing steel and 3 has given permission to pour concrete. All concrete placed in violation of this provision 4 may be rejected and removal required. 5

6 Minimum Cover: 7

1. The minimum clear space between reinforcing bars shall be as follows (unless 8 otherwise shown on the Drawings): 9

10

11 12

2. Except as otherwise shown on the Drawings, the minimum thickness of concrete cover 13 over reinforcing bars shall be as shown in the following tables: 14

15 16 Bar Placement Tolerances: 17

1. Between bars: 1/4 inch, plus or minus 18 2. Vertical position of bars in slabs and beams: 19

a. Members 8 inches deep or less: 3/8 inch, plus or minus 20 b. Members over 8 inches deep: 1/2 inch, plus or minus 21

3. Bars may be moved to avoid interference with other reinforcing steel, conduits, or 22 embedded items. If moved more than 1 bar diameter or stipulated tolerances, consult 23 with the Engineer to determine final placement. 24

4. Tie Wire: At a minimum, 50 percent of reinforcing steel intersections shall be connected 25 with tie wire. 26

5. Welding: Welding of reinforcing shall be prohibited unless explicitly allowed by the 27 Engineer in writing or as shown on the Drawings. If approved by the Engineer, welding 28 shall be performed by certified welders in accordance with AWS D1.4. 29

30 31


6-02.3(2) Application of Form Release Agent 1 2

A. The Contractor shall apply form-release agent on formwork in accordance with 3 manufacturer's instructions. Apply prior to placing reinforcing steel, anchoring devices, 4 and embedded items. 5

B. Do not apply form-release agent where concrete surfaces are scheduled to receive 6 applied coverings or special finishes which may be affected by agent. Soak contact 7 surfaces of untreated forms with clean water and maintain in wet condition until 8 concrete is placed. 9

10 6-02.3(3) Inserts, Embedded Parts, and Openings 11 12

A. The Contractor shall provide formed openings where required for work embedded in 13 or passing through concrete. 14

B. The Contractor shall coordinate work of other Specifications sections in forming and 15 setting openings, slots, recesses, chases, sleeves, plates, bolts, anchors, and other 16 inserts. 17

C. The Contractor shall install accessories in accordance with manufacturer's 18 instructions, level and plumb, and ensure items are not disturbed during concrete 19 placement. 20

21 6-02.3(4) Embed Swivel Hoist Ring 22 Hoist Ring shall be rated to a minimum strength of 2,000 lbs and shall have a minimum eye 23 opening diameter of 1-1/2 inches. Ring shall be embedded in concrete, drilling and using 24 expansion anchors following pouring will not be accepted. Unit may come with the anchor 25 attached or screw onto a Nelson, or equivalent, stud. 26

27 6-02.3(5) Vapor Barrier 28 A 6 mil polyethylene vapor retarder with joints lapped not less than 6 inches shall be placed 29 between the base course or subgrade and the concrete floor slab. 30

31 6-02.3(6) Placing Reinforcing Steel 32 33

1. Reinforcing steel shall be accurately placed in the positions shown on the Drawings 34 and held securely during the pouring of the concrete. In general, all reinforcement 35 shall be put in proper position and securely wired and blocked before concrete is 36 poured in any section. Stirrups and ties shall always pass around and be securely tied 37 to the main flexural/tension steel members. Girder and slab reinforcing steel shall be 38 supported on mortar blocks or other approved means of support. Tack welding of 39 reinforcing bars shall not be allowed. If approved by the Engineer, welding shall be 40 performed by certified welders in accordance with AWS D1.4. 41

2. Before placing concrete, clean reinforcement of foreign particles, loose scale, or 42 coatings. The Contractor shall place, support, and secure reinforcement against 43 displacement. Do not deviate from alignment or measurement. 44

3. At all openings in structural slabs and walls, provide a minimum of 1 No. 4 bar at each 45 of the top and bottom of slab or faces of wall or slab at 45 degrees on all 4 corners, in 46 addition to a minimum of 1 No. 4 bar on all sides of square or rectangular openings, 47 and hoops at each face for each round opening, unless otherwise shown on the 48 Drawings. 49

4. The Contractor shall notify the Engineer when reinforcing is in place for inspection of 50 reinforcement prior to placement of concrete. No concrete shall be placed until the 51 Engineer or his representative has inspected the placing of the reinforcing steel and 52


has given permission to pour concrete. All concrete placed in violation of this provision 1 may be rejected and removal required. 2

3 Minimum Cover: 4 5

1. The minimum clear space between reinforcing bars shall be as follows (unless 6 otherwise shown on the Drawings): 7

8 TABLE 03210 - 3.01 - B1

Between parallel bars in a layer Bar Diameter (1” minimum)

Between adjacent layers 1 inch

9 2. Except as otherwise shown on the Drawings, the minimum thickness of concrete cover 10

over reinforcing bars shall be as shown in the following tables: 11 12

TABLE 03210 - 3.01 - B2 CAST IN PLACE CONCRETE (NON-PRESTRESSED)

Concrete cast against and permanently exposed to earth 3 inches

Concrete exposed to earth or weather: No. 6 through No. 18 bar No. 5 bar, W31 or D31 wire, and smaller

2 inches 1 ½ inches

Concrete not exposed to weather or in contact with ground: Slabs, walls, joists:

No. 11 bar and smaller Beams, columns:

Primary reinforcement, ties, stirrups, spirals Shells, folded plate members:

No. 6 bar and larger No. 5 bar, W31 or D31 wire, and smaller

3/4 inch

1 ½ inches

3/4 inch 1/2 inch

13 14

TABLE 03210 - 3.01 – B3 CAST-IN-PLACE CONCRETE (PRESTRESSED CONCRETE)

Minimum Cover 1”

Concrete cast against and permanently exposed to earth 3 inches

Concrete exposed to earth or weather: Walls, panels, slabs, joists Other members

1 inch

1½ inches

Concrete not exposed to weather or in contact with ground: Slabs, walls, joists 3/4 inch Beams, columns: Primary reinforcement Ties, stirrups, spirals

1½ inches 1 inch

Shells, folded plate members: 3/8 inch No. 5 bar, W31 or D31 wire, and smaller Other reinforcement

db, but not less than 3/4 inch

15 16


Bar Placement Tolerances: 1 2

1. Between bars: 1/4 inch, plus or minus 3 2. Vertical position of bars in slabs and beams: 4

a. Members 8 inches deep or less: 3/8 inch, plus or minus 5 b. Members over 8 inches deep: 1/2 inch, plus or minus 6

3. Bars may be moved to avoid interference with other reinforcing steel, conduits, or 7 embedded items. If moved more than 1 bar diameter or stipulated tolerances, consult 8 with the Engineer to determine final placement. 9

10 Tie Wire: At a minimum, 50 percent of reinforcing steel intersections shall be connected with 11 tie wire. 12 13 Welding: Welding of reinforcing shall be prohibited unless explicitly allowed by the Engineer 14 in writing or as shown on the Drawings. If approved by the Engineer, welding shall be 15 performed by certified welders in accordance with AWS D1.4. 16

17 6-02.3(7) Concrete Joints 18 19

A. Waterstop shall be installed in all joints for outside walls of ponds, raceways, and other 20 water-holding or containing structures. 21

B. Expansion Joints: 22 1. Expansion (isolation) joints shall be placed and constructed as shown on the 23

Drawings. 24 2. The length of a joint material shall match the required length in the Drawings 25

without splicing or stretching. 26 3. Open joints shall be formed with a template made of wood, metal, or other suitable 27

material. Insertion and removal of the template shall be done without chipping or 28 breaking the edges, or otherwise injuring the concrete. 29

4. Any part of an expansion joint running parallel to the direction of expansion shall 30 provide a clearance of at least 1/2 inch (produced by inserting and removing a 31 spacer strip) between the 2 surfaces. The Contractor shall ensure that the surfaces 32 are precisely parallel to prevent any wedging from expansion and contraction. 33

C. Crack-Control Joints: 34 1. Crack-control joints shall be installed as shown on the Drawings, at a spacing of 35

24 to 36 times the slab thickness, or where designated by the Engineer. Crack 36 control joints are intended to have cracking occur in the joints to prevent 37 uncontrolled transverse cracks from occurring in walls and slabs. 38

2. Crack-control joints shall be straight and true. Crack-control joints shall have a 39 formed crack a minimum depth of 1/4 of the concrete thickness (for walls, half from 40 each side of the section) and may be formed using a plastic strip anchored to the 41 form or other method approved by the Engineer. Slabs may be sawcut 1/4 of the 42 concrete thickness before curing. Contractor shall inform Engineer of his cutting 43 schedule. 44

3. The Contractor may use a construction (stop pour) joint in place of the crack-control 45 joint when approved by the Engineer. 46

D. Construction Joints: 47 1. Construction joints are stopping places in the process of concrete placement and 48

shall be made only where shown on the Drawings or as approved by the Engineer. 49 2. All construction joints shall be neatly formed as shown on the Drawings. Irregular 50

or undulating joint lines shall not be allowed. All construction joints shall be either 51


horizontal or vertical, or if the main reinforcement is inclined, the joints shall be 1 normal to the direction of the main reinforcement. 2

3. When the Drawings call for a construction joint with roughened surface, the surface 3 shall be struck off to leave surface irregularities approximately 1/2 inch wide and 4 1/4 inch deep. Surface irregularities shall not exceed 1/2 inch in depth. If the 5 desired roughness is not obtained by the initial strike-off, the surface shall be 6 roughened prior to the concrete reaching its initial set in such a manner as to leave 7 grooves approximately 1/4 inch deep at 1/2 to 1 inch centers in both transverse 8 and longitudinal directions. The rough surface shall be clean and free of laitance 9 and loose material. Shear keys are required where shown on the Drawings. 10

4. Waterstops shall be installed in all outside walls and slab construction joints in 11 ponds, raceways, and other water-holding or containing structures. 12

13 6-02.3(8) Embedment 14 15

A. Embedded items shall be installed where shown on the Drawings or as described in 16 these Specifications. Expansion anchors shall not be acceptable substitution for 17 anchor bolts. 18

B. Any embedded items shall be accurately positioned prior to concrete placement and 19 firmly held in place until concrete has set. 20

C. Waterstops shall be installed in required joints as close to the center of the joint as 21 possible, on the water side of the reinforcing. Flexible-type waterstop should be firmly 22 tied and/or fixed in position to prevent movement during placement of concrete. Install 23 waterstop in accordance with manufacturer's recommended forming procedures. 24

D. All waterstops shall be heat-welded at all joints. 25 26

6-02.3(9) Batching and Mixing 27 28

A. Except for hand-mixed concrete, all concrete shall be batched in a prequalified manual, 29 semi-automatic, or automatic plant with a current certification by the National Ready 30 Mix Concrete Association (NRMCA). 31

B. The Contractor has the option to site mix, transit mix, or plant mix the concrete. In all 32 cases, concrete shall be mixed until a uniform distribution of the materials produces a 33 homogeneous batch. 34

C. Site-mixed concrete operations larger than 5 cubic yards total shall be subject to the 35 prior approval of the Engineer. 36

D. Transit-mixed concrete may be used provided it complies with these Specifications and 37 ASTM C94 or WSDOT Standard Specifications. The concrete supplier shall have 38 adequate equipment to ensure weight and quality control. 39

E. Concrete shall only be mixed in the quantities required for immediate use. The 40 concrete shall be used while fresh before initial set has taken place. Any concrete that 41 has developed initial set shall not be used. Partially hardened concrete shall not be 42 retempered or remixed. One batch of mixed concrete shall be entirely discharged 43 before the following batch is discharged. 44

F. Batch weights of cement and aggregates shall conform to Section 6-02.2(9)B5 45 Consistency WSDOT Standard Specification 6-02.3(5)C. 46

G. The temperature of the concrete shall remain between 55° F and 90° F while it is being 47 placed. 48

H. The batch of concrete shall be discharged not later than 1½ hours after the cement is 49 added to the concrete mixture, or as allowed by Section 6-02.3(10) Temperature and 50 Time for Placement 51

I. The maximum slump for concrete shall per Section 6-02.2(9)B5 Consistency 52


1 6-02.3(10) Temperature and Time for Placement 2 Concrete temperatures shall remain between 55F and 90F while it is being placed, except 3 that Class 4000D concrete temperatures shall remain between 55F and 75F during 4 placement. Precast concrete that is heat cured shall remain between 50F and 90F while 5 being placed. The batch of concrete shall be discharged at the project site no more than 1-1/2 6 hours after the cement is added to the concrete mixture. The time to discharge may be 7 extended to 1-3/4 hours if the temperature of the concrete being placed is less than 75F. With 8 the concurrence of the Engineer and as long as the temperature of the concrete being placed 9 is below 75F, the maximum time to discharge may be extended to 2 hours. When conditions 10 are such that the concrete may experience an accelerated initial set, the Engineer may require 11 a shorter time to discharge. The time to discharge may be extended upon written request form 12 the Contractor. This time extension will be considered on a case by case basis and requires 13 the use of specific retardation admixtures and the concurrence of the Engineer. 14

15 6-02.3(11) Placing Concrete – General 16 17

A. Notify the Engineer a minimum of 48 hours prior to commencement of concreting 18 operations. Placement of concrete shall occur only after the forms and reinforcing bar 19 placement have been inspected and approved by the Engineer or his representative. 20 The Contractor shall place concrete only when the Engineer or his representative is 21 present. 22

B. All building slabs and floor slabs shall be placed over a 6-mil clear polyethylene vapor 23 barrier (unless noted otherwise). 24

C. Concrete shall be placed as soon as possible after mixing and shall be plastic and 25 readily workable when placed in the forms. For this reason, the Engineer may reduce 26 the time to discharge to less than allowed in Temperature and Time for Placement. 27 The method and manner of placing concrete shall avoid segregation of the aggregates 28 or displacement of reinforcement. 29

D. Immediately before concrete placement against existing hardened concrete, bonding 30 agent shall be applied to existing clean concrete surface. New concrete shall be 31 placed while agent is still tacky. 32

E. Concrete shall not be placed if other work in the area, such as driving piles or sheets, 33 causes vibrations that adversely affect the initial set or strength of the concrete. 34

F. Aluminum conduits shall not be used in the pumping or placing of concrete. 35 G. Ensure reinforcement, inserts, embedded parts, and formed joints are not disturbed 36

during concrete placement. 37 H. Place crack-control joints prior to initial set. 38 I. Excessive honeycomb or embedded debris in concrete is not acceptable. 39

40 6-02.3(12) Placing Concrete Into Forms 41 42

A. Before placement of concrete, forms shall be cleaned and free of all debris and ice. 43 The foundations and forms shall be dampened prior to placing concrete. Care must 44 be taken to see there is no standing water on the foundation or in the forms when the 45 concrete is placed. Where possible, all foundation excavations shall be pumped free 46 of standing water and concrete deposited in the dry. 47

B. Deposit concrete in forms in continuous horizontal layers not deeper than 24 inches 48 and in a manner to avoid inclined construction joints. Where placement consists of 49 several layers, place each layer while preceding layer is still plastic to avoid cold joints. 50 Insert vibrator into previous layer to ensure homogeneous concrete placement. 51


C. Remove temporary spreaders in forms when concrete being placed has reached the 1 elevation of such spreaders. 2

D. Concrete shall not be dropped more than 3 feet. This is to avoid material segregation. 3 When placing operations would involve dropping the concrete more than 3 feet, it shall 4 be deposited through sheet metal or other approved conduit. In sloping forms where 5 concrete, if dropped, will tend to slide down one side of the form as it is placed, the 6 concrete shall be placed through approved conduit without dropping. After initial set 7 of the concrete, the forms shall not be jarred, and no strain shall be placed on the ends 8 of the projecting reinforcement bars. 9

E. The method of depositing and consolidating concrete shall be conducted so as to form 10 a compact, dense, and impervious concrete that will show smooth faces on exposed 11 surfaces. If any section of concrete is found to be defective, it shall be removed by the 12 Contractor at no additional expense to the Owner. Plastering will not be permitted. 13

14 6-02.3(13) Vibration of Concrete 15

16 A. The Contractor shall provide suitable internal vibrating tampers for use in placing and 17

compacting all concrete except that which is placed underwater. The vibrators shall 18 be of the type designed to be placed directly in the concrete, and the vibrator’s 19 frequency of vibration shall be not less than 7,000 impulses per minute when in actual 20 operation. The type of vibrator and its method of use shall be subject to the approval 21 of the Engineer. 22

B. Insert and withdraw vibrators vertically at uniformly spaced locations not farther than 23 the visible effectiveness of the machine (between 2 to 3 feet). Place vibrators to rapidly 24 penetrate the layer of concrete and at least 6 inches into the preceding layer. Do not 25 insert vibrators into lower layers of concrete that have begun to set. At each insertion, 26 limit the duration of vibration to the time necessary for consolidation around 27 reinforcement and other embedded items without causing segregation of the mix. 28 Generally, this will be from 5 to 15 seconds in accordance with ACI 301. Do not use 29 vibrators to transport concrete inside of forms. 30

C. Vibrators shall not be applied directly to steel that extends into partially hardened 31 concrete. 32

D. Vibration shall not continue in any one spot to the extent that pools of grout are formed. 33 When vibrating and finishing top surfaces that are exposed to weather or wear, 34 extreme care shall be exercised to avoid drawing water or laitance to the surface. For 35 relatively high lifts, the top layer shall be comparatively shallow, and the concrete mix 36 shall be as stiff as can be effectively vibrated into place and properly finished. 37

E. The Contractor shall supply a sufficient number of vibrating tampers to effectively 38 vibrate all of the concrete placed. Hand tamping shall be required wherever necessary 39 to secure a smooth and dense concrete on the outside surfaces. 40

F. Vibration of forms and reinforcing will not be allowed. 41 42

6-02.3(14) Concrete Placement Conditions 43 Concrete temperatures shall remain between 55°F and 90°F while it is being placed. The 44 batch of concrete shall be discharged at the project site no more than 1 ½ hours after the 45 cement is added to the concrete mixture. With approval of Owner, the time to discharge may 46 be extended to 2 hours if the temperature of the concrete being placed is less than 75°F. This 47 time extension will be considered on a case by case basis and may require the use of specific 48 retardation admixtures to be furnished by Contractor. 49 50 51


6-02.3(14)A Placing Concrete in Hot Weather 1 2

A. Concrete shall be placed when anticipated 24-hour range will exceed 89°F and shall 3 conform to ACI 305R. Contractor shall submit a hot weather plan to the Engineer for 4 review and approval prior to commencement of any work. 5

B. The temperature of the concrete equipment and ingredients shall be maintained at 6 such a level that the temperature of the concrete at the time it is placed shall not exceed 7 85°F. 8

C. Water-reducing admixtures shall be used so that the maximum amount of water or 9 slump shall not be exceeded. The mixing of the concrete and the time between mixing 10 and placing shall be kept to a minimum. Mixer trucks shall not be exposed to the sun 11 while waiting to be unloaded. Chutes, conveyors, and pump lines shall be shaded. To 12 keep the forms and reinforcing steel cool prior to placing the concrete, the top layer of 13 reinforcing steel shall be completely covered with clean, wet burlap and the forms and 14 reinforcing steel shall be sprinkled with cool water immediately prior to placing the 15 concrete or as ordered by the Engineer. The concrete shall be finished without delays. 16 Equipment for applying a water-fog spray shall be available in case it is needed to 17 prevent plastic cracks. 18

D. When the combination of air temperature, humidity, temperature of the surface of the 19 concrete, and the wind velocity produces an evaporation of 0.2 or more pounds per 20 hour per square foot of surface as determined by the Engineer, the Contractor shall 21 provide a windbreaker enclosure to protect the concrete from winds blowing over the 22 surface of the concrete until the curing compound is applied. 23

24 6-02.3(14)B Placing Concrete in Cold Weather 25 26

A. When air temperature is expected to fall below 37°F during placement or within 7 days 27 thereafter, the Contractor shall place and cure concrete in accordance with ACI 306R. 28 Contractor shall submit a cold weather concreting plan to the Engineer for review and 29 approval no less than 7 days prior to the proposed cold weather concreting. 30

B. The following provisions shall govern cold weather concreting: 31 1. Concrete shall not be mixed or placed while the atmospheric temperature is below 32

37°F. 33 2. Concrete shall not be placed on frozen ground or against frozen forms. 34 3. Concrete shall be effectively protected from atmospheric temperatures below 37°F 35

for a period of 7 days after placing. 36 C. Frozen concrete shall be immediately removed when Contractor is directed to do so 37

by the Engineer and replaced with new work at no cost to the Owner. 38 39 40

6-02.3(15) Concrete Test Methods 41 Acceptance testing shall be provided by the Contractor and performed by a certified testing 42 laboratory. All costs incurred for the purpose of concrete testing shall be included in the bid 43 items. Test methods to be used are: 44 AASHTO T22 Compressive strength of cylindrical concrete specimens 45 AASHTO T23 Making and curing concrete test specimens in the field 46 AASHTO T119 Slump of hydraulic cement concrete 47 AASHTO T152 Air content of freshly mixed concrete by the pressure method 48

AASHTO T309 Temperature of freshly mixed Portland Cement Concrete 49 50 Concrete Testing: 51

52


A. Testing and analysis of concrete shall be performed by the contractor under provisions 1 of ACI 301 and/or WSDOT Standard Specifications. Concrete testing and analysis 2 shall include, at a minimum, compressive strength cylinders, temperature, slump, and 3 air entrainment. 4

B. The Engineer’s representative may also perform tests at will in accordance with the 5 above standards. The cost of tests conducted by the Owner shall be paid by the Owner. 6 Additional testing costs resulting from substandard concrete as indicated by the 7 Owner’s tests, shall be paid by the Contractor at no additional cost to the Owner. 8

C. During placement of concrete, the Contractor’s testing agency shall prepare standard 9 test cylinders in accordance with AASHTO T-23, which shall represent concrete placed 10 during the job. Concrete testing and analysis shall occur at a minimum at the following 11 frequencies: 12

13 1. For placement of one class of concrete, 50 cubic yards or less: 14

a. Sample each truck, after 1/2 cy has been discharged from truck, until one truck 15 meets all applicable acceptance test requirements. 16

b. After one truck meets the acceptance test requirements, the remaining 17 concrete may be visually inspected. 18

19 2. For placement of one class of concrete greater than 50 cubic yards: 20

a. Sample initial truck after 1/2 cy has been discharged from the truck (this 21 material may not be placed in the forms). Sample each truck until two 22 successive loads meet all applicable acceptance tests requirements. Once two 23 loads meet the acceptable standard, the sampling and testing frequency may 24 decrease to one for every five truck loads. 25

b. For all trucks, after the initial truck, sample the concrete after a minimum of 1/2 26 cy of concrete has been discharged into the forms. 27

28 D. Two (2) cylinders shall be tested for strength at the end of 28 days in accordance with 29

ASTM C39 or WSDOT Standard Test Methods as set forth in the WSDOT Materials 30 Manual. Additional cylinders may be taken in sets of two (2), to verify concrete strength 31 prior to 28 days at the Contractor’s discretion and cost. 32

E. During cold or hot weather, one (1) additional test cylinder shall be taken and cured at 33 the site under the same conditions as the concrete pour from which it was taken. 34

F. Concrete not conforming to the Specifications, concrete damaged from any cause, or 35 concrete found to be defective for any reason shall be replaced by the Contractor with 36 acceptable concrete at no additional cost to the Owner. Any concrete test that shows 37 concrete in place that is below the specified requirements shall be reason for removal 38 of the entire pour, and any subsequent concrete deposited will also be jeopardized. 39 The concrete shall be removed and replaced by the Contractor at no additional cost to 40 the Owner. 41

G. Concrete shall be broom finished and edged. 42 43 6-02.3(16) Placing Concrete Slabs 44 45

A. Deposit and consolidate concrete slabs in a continuous operation within the limits of 46 construction joints until the placing of a panel or section is completed. When concrete 47 is in place has sufficiently set up (at least 24 hours), an alternate section shall be 48 placed. The edges of all sections shall be tooled with a minimum radius edging tool. 49

B. Slope all exterior concrete slabs and interior slabs with floor drains in a manner to 50 prevent the collection of water. 51


C. Bring slab surfaces to the correct level with a straightedge and strike off. Use bullfloats 1 or derbies to smooth the surface, leaving it free from humps or hollows. Do not sprinkle 2 water on the plastic surface. Do not disturb the slab surfaces prior to beginning 3 finishing operations. 4

D. Maintain reinforcing steel in the proper position continuously during concrete 5 placement operations. 6

7 6-02.3(17) Finishing Concrete Surfaces 8 General 9 10

A. Forms on walls shall be removed not more than 72 hours after placing concrete. 11 B. After removal of the forms, all concrete shall show a smooth, dense face. Any concrete 12

that is porous shall be removed by the Contractor and replaced at no additional cost 13 to the Owner. 14

C. At the discretion of the Engineer, cracks in concrete work not covered by 6-02.3(18) 15 Defective Concrete and Repair of Concrete and 0.010-inch wide and wider shall be 16 repaired at the Contractor’s expense by an ACI-recommended method as approved 17 by the Engineer. Criteria for an acceptable method of repair will be based on the 18 following elements: 19 1. Structural or nonstructural crack. 20 2. Exposure level/conditions of structures. 21 3. Appearance. 22 4. Cause of cracking. 23

D. Unsightly stains and coloring caused by the Contractor's operations, equipment, or 24 materials, or resulting because of unfinished construction either before or after a 25 surface has been finished in accordance with this section shall be cleaned and 26 refinished prior to final acceptance of the project and at no additional cost to the Owner. 27

28 Finish of Slabs 29 Place, consolidate, strikeoff, and level (bullfloat or darby) concrete, eliminating high and low 30 spots. Finish the concrete with one of the following surface finishes as noted in the drawings. 31 32

A. Scratch Finish: After the concrete has been levelled, roughen the surface with stiff 33 brushes or rakes before final setting. 34

B. Float Finish: After the concrete has been levelled, hand or power float the surface to 35 produce an even texture. 36

C. Light Broom Finish: After the concrete has received a float finish, draw a soft-bristle 37 broom across the surface to provide a uniform, fine-line texture. 38

D. Medium Broom Finish: After the concrete has received a float finish, draw a stiff-bristle 39 broom across the surface to provide uniform 1/16 inch to 1/8 inch deep striations. 40

E. Tine Finish: After the concrete has received a float finish, draw a wire-comb texturing 41 device across the surface to provide a final surface of rectangular grooves 1/8 inch 42 deep x 1/8 inch wide, spaced at 3/4 inch. 43

F. Trowel Finish: After the concrete has received a float finish, hand or power trowel the 44 surface to produce a hard, dense, smooth, mark-free surface. 45

46 Finish of Formed Surfaces 47 48

A. Surfaces Not Exposed to View, Not in Contact with Water: 49 1. This includes formed concrete surfaces not exposed to view in the finish work or 50

covered by other construction unless otherwise shown or specified. 51 2. Provide as-cast rough form finish. 52


3. Standard rough-form finish shall be the concrete surface having the texture 1 imparted by the form-facing material used with tie holes and defective areas 2 repaired and patched, and all fins and other projections exceeding 1/4 inch in 3 height rubbed down or chipped off. 4

5 B. Surfaces Exposed to View or in Contact with Fish-Bearing Water: 6

1. This includes concrete surfaces that are visible but not in contact with water and 7 all concrete water contacting surfaces that may come in contact with fish rearing 8 water. 9

2. Grind entire surface of all interior and exterior walls with a rotary grinder to expose 10 all air pockets, voids, and other imperfections to create a smooth wall surface. 11

3. Immediately after all required patching, grinding, and correction of major 12 imperfections have been completed, hand sack-rub all vertical surfaces. The 13 sacking process and finish quality shall conform to Class 1 Surface Finish (below). 14 The sack finish process shall be accomplished immediately after the 7-day cure 15 period or as approved in writing by the Engineer. No other methods/finishes will 16 be accepted. 17

4. All pits, after being filled, that shows signs of air pockets or still show an indentation 18 in the wall, shall be reopened (as necessary), refilled, and finished by repeating the 19 hand-sacking process. The intent of the finish is to be very smooth and 20 nonabrasive with no pinholes visible. 21

5. Top of walls in contact with fish bearing water shall be steel troweled, edged and 22 light broom finished. 23

24 Class 1 Surface Finish 25 The Contractor shall apply a Class 1 finish to all surfaces of concrete members to the limits 26 designated in the Contract Plans and Specifications. 27 28 The Contractor shall follow steps 1 through 8 below. When steel forms have been used and 29 when the surface of filled holes matches the texture and color of the area around them, the 30 Contractor may omit steps 3 through 8. To create a Class 1 surface, the Contractor shall; 31

1. Remove all bolts and all limps and edgings where form members have met; 32 2. Fill all holes greater than ¼ inch and float to an even, uniform finish with mortar 33

conforming to Section 9-20.4(2) at a 1:2 cement/aggregate ratio; 34 3. Thoroughly wash the surface of the concrete with water; 35 4. Brush on a mortar conforming to section 9-20.4(2) at a 1:1 cement/aggregate ration, 36

working it well into the small air holes and other crevices in the face of the concrete; 37 5. Brush on no more mortar than can be finished in 1 day; 38 6. Rub the mortar off with burlap or a piece of carpet as soon as it takes initial set (before 39

it reaches final set); 40 7. Fog-spray water over the finish as soon as the mortar paint has reached final set; and 41 8. Keep the surface damp for at least 2 days. 42

If the mortar becomes too hard to rub off as described in step 6, the Contractor shall remove 43 it with a Carborundum stone and water. Random grinding is not permitted. 44 45 Finished Concrete Tolerances 46

47 A. Formed concrete tolerances shall conform to the following requirements: 48

49

TABLE 03300 - 3.15A

1. Variation from plumb:


TABLE 03300 - 3.15A a. In lines and surfaces of columns, piers,

walls: ⅛ inch in any 10 feet ½ inch maximum for the entire length/height

b. For exposed corner columns, crack control joint grooves, and other conspicuous lines:

¼ inch in any 20 foot length ½ inch maximum for the entire length

2. Variation from the level or the grades:

a. In slabs and beams soffits: ¼ inch in any 10 foot length ⅜ inch in any bay or in any 20 foot length ¾ inch maximum for the entire length

b. In exposed lintels, sills, parapets, horizontal grooves, and other conspicuous lines:

¼ inch in any bay or in any 20-foot length ½ inch maximum for the entire length

3. Variation of the linear building lines from established position in plan and related position of columns, walls, and partitions:

½ inch in any bay ½ inch in any 20-foot length 1 inch maximum for the entire length

4. Variation in the sizes and location of sleeves, floor openings, and wall openings: ¼ inch plus or minus

5. Variation in cross-sectional dimensions of columns and beams and in the thickness of slabs and walls:

¼ inch minus ½ inch plus

6. Footings:

a. Variation in dimension in plan: ½ inch minus 2 inches plus

b. Misplacement or eccentricity: 2 percent of the footing width in the direction of misplacement, 2 inches maximum

c. Thickness: 1. Decrease in specified thickness: 5 percent 2. Increase in specified thickness: No limit

7. Variation in steps: a. In a flight of stairs:

1. Rise: ⅛ inch plus or minus 2. Tread: ¼ inch plus or minus

b. In consecutive steps:

1. Rise: 1/16 inch plus or minus 2. Tread: ⅛ inch plus or minus

1 B. Tolerances apply to concrete dimensions only, not to positioning of vertical reinforcing 2

steel, dowels, or embedded items. 3 4 6-02.3(18) Defective Concrete and Repair of Concrete 5

6 A. Concrete that is not formed as shown on the Drawings, or for any reason is out of 7

alignment, level, tolerances, or shows a defective surface shall be removed from the 8 job at the Contractor’s expense, unless the Engineer grants permission to patch the 9 defective area. Permission to patch in such an area shall not be considered a waiver 10 of the Engineer’s right to require complete removal of defective work if patching does 11 not, in his opinion, satisfactorily restore quality and appearance of the surface. 12

B. Repair or replace concrete not properly placed or of the specified type. 13 C. All concrete shall be inspected and all pour joints, rough sections, cracks, and 14

honeycombed areas shall be repaired by cutting back to solid concrete. Apply cement 15 mortar fill after coating surface with bonding agent. 16

D. Fill all tie holes and small imperfections with cement mortar fill. 17


1 6-02.3(19) Acceptance 2 Concrete will be accepted based on conformance to requirements for temperature, slump, air 3 content if included on Plans, and specified compressive strength at 28 days. Determination 4 of concrete properties for acceptance will be made based on samples taken at the truck 5 discharge. Once the Contractor has turned over the concrete for acceptance testing, no more 6 mix adjustment will be allowed. Concrete will be accepted or rejected. 7

8 6-02.3(20) Form Removal 9

10 A. The Contractor shall not remove forms and shoring until concrete has sufficient 11

strength to support its own weight and construction and design loads which may be 12 imposed upon it. Remove load-supporting forms when concrete has attained 75 13 percent of required 28-day compressive strength, provided construction is re-shored. 14

B. The removal of forms as stipulated herein shall in no case relieve the Contractor of 15 responsibility for the final acceptability or appearance of the work. In general, forms 16 shall remain in place a minimum length of time as follows where average temperature 17 is 40°F or higher: 18 1. Columns, wall faces, footings, piers, and abutments where forms do not support 19

the load of concrete: 72 hours (3 days). 20 2. Crossbeams, caps, inclined walls, and columns where forms support the load of 21

concrete: 120 hours (5 days). 22 3. Side forms of footings may be removed 24 hours after concrete placement if a 23

curing compound is applied immediately. 24 4. Forms for walls not yet supporting loads may be removed 48 hours after concrete 25

placement, immediately finished and cured as required. 26 C. Where lower temperatures or other conditions warrant, the Engineer shall decide, on 27

the basis of post-placement conditions, the exact number of days that shall elapse 28 before form removal. 29

D. Remove formwork progressively so no unbalanced loads are imposed on structures. 30 E. Any concrete surfaces damaged during form removal shall be repaired in accordance 31

with repair of defective concrete. 32 F. All form tie holes shall be patched with a dry-pack cement mortar fill as specified. 33 G. Forms shall not be stripped from concrete which has been placed at a temperature 34

under 50°F without first determining if the concrete has properly set, regardless of the 35 time element. If, in the opinion of the Engineer, stripping of forms on the basis of the 36 specified schedule results in damage to the concrete, the schedule shall be modified 37 to prevent such damage. 38

39 6-02.3(21) Water Holding Structure Test 40 41

A. Description: All concrete structures that are designed to hold, treat, or pass water or 42 wastewater shall be constructed to be watertight. All structures shall be hydraulically 43 tested for pressure and leakage after concrete has cured and obtained design strength. 44 Leakage testing shall be performed at the expense of the Contractor prior to backfilling 45 the structure. 46

B. Testing Procedure: 47 1. The structure shall be filled with water to the normal operating static level and 48

maintained at that level for 7 days to allow for absorption and stabilization. For 49 testing purposes, all inlets and outlets shall be closed or plugged. At the end of the 50 7-day period, the change in the volume shall be measured after 24 hours without 51


any water flowing into or out of the structure. Acceptable water leakage criteria are 1 as follows: 2 a. No visible leakage or visibly damp areas. 3 b. A leakage rate no greater than .001 of total tank volume in a 24-hour period. 4

2. Failure to meet these criteria will require repairs of the structure at the Contractor’s 5 expense by a method approved by the Engineer. The structure shall be tested after 6 repairs. This process will be repeated until the leakage volume criteria are met. 7

8 6-02.3(22) Grout 9 Unless indicated otherwise, grouts shall be provided as listed below whether indicated on the 10 Drawings or not. 11

12

13 14

6-02.3(23) Concrete Curing 15 16

Curing Methods 17 18

A. All concrete surfaces shall be cured by one of the following methods for not less than 19 7 days after the concrete is placed. 20

B. Using one of the methods listed below, the Contractor shall determine the best method 21 for the project, as approved by the Engineer: 22

23 1. Walls: 24

a. General: Where walls are to receive coating, painting, cementitious material, 25 or other similar finishes or where curing compound is not permitted, do not use 26 curing compounds. Use only water-curing procedures. 27

b. Method 1: Leave concrete forms in place and keep entire exposed surfaces 28 wet at all times. 29


c. Method 2: Apply curing compound as specified, where allowed, immediately 1 after finishing of surfaces. Concrete shall be kept moist while finishing is 2 accomplished. 3

d. Method 3: Continuously sprinkle 100 percent of all exposed surfaces. 4 e. Method 4: Leave concrete forms in place and apply curing compound to top of 5

wall. 6 7

2. Slabs and Curbs: 8 a. Method 1: Cover surface by water ponding. 9 b. Method 2: Cover with absorptive mats and keep continuously wet. 10 c. Method 3: Continuously sprinkle exposed surface. 11 d. Method 4: Apply specified curing compound to exposed surfaces. 12 e. Other agreed upon method that will provide moisture to be present and uniform 13

at all times on all surface of slabs. 14 15

C. Onset of Curing: 16 1. Slabs-on-Grade: Apply curing compound, if used, as soon as free water has 17

disappeared from concrete surface after placing and finishing. 18 2. Formed Concrete: Remove forms as specified, and patch and finish immediately. 19

Apply curing method immediately to finished sections of the work. 20 21 Membrane Curing Compound 22 23

A. Apply immediately after finishing of slabs and walls, etc. in accordance with 24 manufacturer's instructions. 25

B. Surfaces that have their forms removed after concrete has reached two-thirds of its 26 design strength by test will not require curing compound applied. 27

28 Absorptive Mat 29 30 Contractor shall saturate burlap side of absorptive mat, place over slab areas burlap side 31 down, lap edges and ends 12 inches, and maintain in place for duration of curing period. 32 33 Polyethylene Film 34

35 A. Contractor shall spread polyethylene film over slab areas, lap edges and ends 3 36

inches, and seal with pressure-sensitive polyester tape. 37 B. Contractor shall maintain polyethylene film in place with plywood sheets for duration 38

of curing period. 39 40

6-02.3(24) Backfill and Compaction Against Concrete 41 42

A. When the air temperature is expected to fall below 37°F during the 7-day initial cure 43 period, the Contractor shall submit a written cold weather concreting plan conforming 44 with ACI 306 to the Engineer for approval prior to the commencement of any concrete 45 work. 46

B. No backfill materials shall be placed until the foundation has been suitably dewatered 47 and prepared as specified herein. 48

C. When backfilling, extra care must be taken so that no damage will occur to foundations 49 or related structures. Where backfill is to be placed against both sides of concrete 50 walls, the backfill shall be brought up evenly on both sides of the wall. 51


D. Where backfill is to be placed against one side of concrete walls, backfill shall not be 1 placed until the concrete has developed sufficient strength to resist the loading 2 imposed by the backfill. Any abutting concrete walls or beams shall also have attained 3 sufficient strength. In any case, the backfill placement shall not begin until 72 hours 4 after concrete placement and shall not exceed the following schedule (unless high-5 early strength concrete has been approved for use): 6

7 Age of Concrete Backfill Depth

72 hours 1/2 Wall Height 7 Days 2/3 Wall Height

28 Days Full Wall Height 8

E. Each lift of fill material shall be spread uniformly in horizontal layers and compacted in 9 accordance with the following table: 10 11

TABLE 02220 - 3.03C

Type of Material

Max. Loose Lift Placed

(inches) Percent

Compaction* Application

Common borrow 24 90 General fill**

Sand 6 95 Pipe and conduit bedding, fill under structures

Ballast rock 8 90 Fill under other materials, where noted

Crushed surfacing base course

Total Depth 2 95

Subgrade for crushed rock or asphalt pavement surface/finished crushed rock surface such as parking lots, driving areas

Trench backfill 6 90 Fill above pipe bedding Structural fill 6 95 Fill under structures and wall backfill*** Structural fill 12 90 Fill around structures** Pipe bedding 6 95 Pipe and conduit bedding

Drain rock 6 95 Backfill in drain trenches Gravel borrow 12 90 Select Fill**** Quarry spalls 12 90 Rock lining for outfall channel

* Percent compaction at maximum dry density as determined in accordance with ASTM 12 D1557. 13

** All fill and backfill not under structures and beyond 5-feet concrete slabs, walls, and footings. 14 *** All fill and backfill under concrete slabs and footings (interior and exterior) and all fill and 15

backfill within 5 feet of concrete slabs, walls and footings.. 16 **** All fill under roadways and trench backfill under paving. 17

18 F. Compaction shall be accomplished with power-operated tampers, rollers, idlers, or 19

vibratory equipment. Water jetting for compaction purposes will not be permitted. 20 G. Any application of water or any working of fill material required to bring it within 21

acceptable moisture content and density limits during compaction operations shall be 22 done at the Contractor’s expense. 23

H. Backfill materials shall not be placed, spread, or compacted at an unsuitably high 24 moisture content during adverse weather conditions. When work is interrupted by 25 heavy rain, backfill operations shall not be resumed until field tests indicate the 26 moisture content density of the backfill areas are within specified limits. 27

28


6-02.3(25) Water Stop Installation 1 Waterstops shall be installed in required joints as close to the center of the joint as possible, 2 on the water side of the reinforcing. Flexible-type waterstop should be firmly tied and/or fixed 3 in position to prevent movement during placement of concrete. All waterstops shall be heat-4 welded at all joints Install waterstop in accordance with manufacturer's recommended forming 5 procedures. 6 7 Division 7 Drainage Structures, Storm Sewers, Sanitary Sewers, Water Mains, 8 and Conduits 9 10 7-02 Culverts 11 12 Replace this section with the following: 13 14 7-02 Culverts 15 (February 26, 2020 WDFW GSP) 16 17 7-02.1 Description 18 This Work includes installing culverts in accordance with the plans and specifications at the 19 locations shown. This work includes furnishing and installing the culvers, dewatering and 20 upland protection. 21 22 7-02.2 Materials 23 Culvert materials shall meet the requirements of the following sections” 24 Steel Culvert Pipe and Pipe Arches 9-05.4 25 26 7-02.3 Culvert Installation 27 Corrugated steel pipe installation shall be in accordance with Section 7-08.3 and the National 28 Corrugated Steel Pipe Association "Installation Manual for Corrugated Steel Pipe, Pipe 29 Arches, and Structural Plate" except as modified by the Plans. The latest edition of the NCSPA 30 Installation Manual can be found at www.ncspa.org unless shown otherwise in this section. 31 32 7-02.4 Culvert Bedding Compaction 33 Compaction of culvert bedding shall be accomplished by use of mechanical hand tamper, 34 vibratory plate compactor, or walk behind vibratory roller. Three full coverages shall be made 35 in lifts not to exceed 6 inches. 36

37 7-02.5 Culvert Outfall Armor 38 Quarry spalls and/or light loose riprap shall be placed to the dimensions specified on the plans 39 at the outfall of the cross drain culvert in a matter that dissipates energy and protects the 40 subgrade from erosion. Armor shall be keyed into the subgrade a minimum of 0.5 feet. 41

42 7-02.6 Select Backfill 43 Select backfill shall envelope all structures including the vault, manhole and cross drain pipe, 44 and ductile iron pipe. Select backfill shall be placed and compacted evenly around the 45 structure in lifts not to exceed 6 inches. Select backfill shall be 6 inches thick under, adjacent 46 to the vault, and over all buried structures. 47

48 49

http://www.ncspa.org/


7-02.7 Stream Protection 1 If required, silt curtains will be placed in the river to trap sediment and ensure that no turbid 2 waters leave the site. Next, coffer dams, constructed of bulk bags and plastic sheeting, will 3 be installed to isolate construction activities from live water. Plastic sheeting will be installed 4 over the top of sandbags for an improved seal, if necessary. Water drawdown will commence 5 with fish screened pumps to dewater the work area. Fish rescue and relocation effort will be 6 executed simultaneously with drawdown. Vertebrates will be transferred to live water as they 7 are captured. When the area is sufficiently dewatered, excavation may begin. The contractor 8 will work below OHW only as the work requires. Isolation from live water will only be removed 9 when work adjacent to the existing river channel is complete. 10 11 An oil-absorbing floating boom will be used whenever surface water is present. Fueling of 12 equipment will be done in an upland portion of the site and/or at the staging area to minimize 13 the introduction of toxic materials to the construction area. As a preventative measure during 14 any breaks in construction activities, or in anticipation of significant or intense rainfall events, 15 exposed soils will be covered with plastic to minimize erosion. Water quality testing will be 16 performed if required by issued permits. Any groundwater seepage that occurs during 17 construction that needs to be removed from the excavation will be pumped, filtered and then 18 returned to the creek. 19

20 7-02.8 Dewatering 21 Contractor shall submit, at a time mutually agreed upon by the Contractor and PM or no later 22 than two weeks prior to commencement of in-water work, a dewatering and water treatment 23 plan for pipe connection and screen house demo. Submittals shall consist of materials and 24 methods for addressing coffer dam materials, installation and removal means and methods, 25 and anticipated treatment of water that either flows or seeps into the work area. Water 26 handling should also address handling and treatment of water that flows into the vault 27 excavation. All dewatering activities shall comply with all local, state, and federal regulations, 28 including the requirements of the Washington State Department of Ecology (WDOE) and 29 WDFW HPA’s. 30 31 The OR shall be responsible with WDFW for coordinating the trapping and transporting of 32 aquatic species. The Engineer will not approve dewatering until a fisheries biologist and other 33 WDFW personnel are present and prepared to rescue aquatic organisms. Dewater the stream 34 slowly and incrementally in order to facilitate the fish rescue. The rescue operation will 35 generally take several hours. Do not divert or dewater any area of the stream until approved 36 by the Engineer. 37 38

A. Do not begin work until the necessary dewatering and sediment control measures for 39 that particular phase of work has been implemented. Incorporate all sediment control 40 features into the project at the earliest practicable time. 41

B. At all times during construction, the Contractor shall provide ample means and devices 42 to promptly remove and properly dispose of all water entering excavation such that the 43 bottom is kept firm and acceptably free of standing water until the structures to be built 44 therein are completed. 45

C. The Contractor shall provide continuous superintendence during all periods of 46 dewatering. 47

D. The location of every element of the dewatering system shall be such that interference 48 with excavation and construction activity is minimized. 49


E. Discharged water shall be directed into settling basins, filter bags, other approved 1 methods or means or areas where silts and sediments may be filtered prior to entry 2 into waterways or other property. At streamside construction and other locations where 3 siltation or erosion may occur, hay-bale silt fencing and/or other control measures shall 4 be installed as required to control and prevent siltation. 5

F. The Contractor may use sheeting, at his option, to help achieve the dewatering 6 requirement as specified in this section. If sheeting is used, submit a sheeting design 7 by a Structural Engineer registered in Washington State. 8

G. Special dewatering shall be required in any location where the soil and/or groundwater 9 conditions would otherwise tend to result in boiling or other disturbance to the subsoils 10 and/or walls of the excavation. 11

H. Construct temporary channels, temporary culverts, earth berms, or sandbag berms to 12 divert water around disturbed areas and work areas. 13

I. Cease project operations under high flow conditions that inundate the work area, 14 except for efforts to avoid or minimize resource damage. 15

16 7-02.9 Cofferdams and Diversion Culverts 17 Construct dams of bulk bag material handling bags, ecology blocks, sand bags, or other 18 approved materials. The mining of material from the streambed or floodplain to construct 19 diversions is not permitted. 20 21 7-02.9(1) Gravity Portion of Cofferdam: 22 Construct the material handling bag dam in a dry condition by first pumping the stream around 23 the dam. Place temporary cofferdams as needed. Place the dam so that water does not seep 24 from the downstream side of the dam; if seepage occurs, improve the dam by adding bags, 25 improving or adding seals, or other means to minimize seepage from the dam. When it is 26 impossible to eliminate seepage, construct a sump and pump water to the settling basin or 27 vegetated dispersion area. Material handling and gravel bags: Use only clean sand or clean, 28 rounded gravel in the bags. Loosely fill and tamp the bags in place to minimize seepage 29 between, under, and around the bags. 30

31 32 7-02.9(2) Cofferdam Impervious Membrane: 33 Place an impervious membrane within or on the upstream side of the dam and entrenched in 34 the streambed as shown on the Drawings or approved by the Engineer. Where necessary, cut 35 a hole in the membrane to fit the bypass pipe and seal the membrane to the bypass pipe or 36 the bypass pipe collar using gaskets, adhesive strips or other approved methods. 37

38 7-02.10 Pumps 39 Install pumps as required to dewater work areas and foundations. Ensure that the pumps are 40 clean, free of leaks and that the oil used as lubricant in the pump seal systems is food grade 41 mineral oil. Install and operate pumps in a manner that will avoid impingement of small fish 42 against the intake screens. 43

44 A. Pump intakes: Use one of the following methods of screening on all draft hoses: 45

a. Perforated Plate: Screen openings shall not exceed 3/32 or 0.0938-inches 46 b. Profile Bar Screen: The narrowest dimension in the screen openings shall not 47

exceed 0.0689 inches in the narrowest direction. 48 c. Woven Wire Screen: Screen openings shall not exceed 3/32 or 0.0938-inches the 49

narrow direction. 50 d. Check intakes frequently and clean as needed with wire brushing, flushing, or any 51

other acceptable method. 52


B. Sump Pumps: Supply pumps capable of dewatering the structure foundation and 1 sediment retention pond. Insure that pumps are clean and free of leaks. Remove 2 sediment and turbidity in the Sump Pump discharge water prior to re-entering the 3 stream. 4

5 7-02.11 Sump Water Discharge 6 Discharge sump water as shown on the Drawings or as approved by the Engineer. Apply one 7 or more methods to remove sediment from sediment-laden water prior to release into the 8 stream. Apply additional methods as needed to eliminate increase in downstream turbidity. 9 Use the following methods as needed: 10

A. Silt Bag Filtration: Discharge sump water into one or more silt bags. Silt bags are 11 constructed of Mirafi 180N (or approved equal) with sewn seam strengths of 90% 12 efficiency according to ASTM D4632. Construct bag to hold and filter sump water. 13 Place silt bag(s) on level ground having layer of straw one foot thick minimum. 14

B. Settling Basin: Discharge sump water into settling basin as shown on Drawings. 15 16 7-02.12 Turbidity Criteria 17 The turbidity of the water in the stream channel 50-100 feet downstream of the limits of work 18 shall not be visually greater than the turbidity of the water upstream of the project site. When 19 this turbidity requirement or other sediment control measures are not met, the Contractor shall 20 immediately take corrective action. Cease operations that are causing turbidity and pump or 21 otherwise improve the diversion of the stream around the construction site according to this 22 specification and the Drawings until the turbidity requirement can be met. When the 23 interpretation of this requirement is in question, measure turbidity using a turbidity meter as 24 approved by the Engineer, and provide documentation that operations are in compliance with 25 Washington State water quality standards. 26

27 28 7-02.13 Operation of Dewatering Systems 29 30

A. Operate dewatering systems in a manner that will avoid harm to aquatic organisms. 31 B. Prior to any excavation below the hydrostatic groundwater level, the dewatering 32

system shall be operated to lower the water levels as required. Then it shall be 33 operated continuously, 24 hours per day, 7 days per week, until all work below OHW 34 is completed. 35

C. Wherever special dewatering is used, the dewatering system shall lower the 36 groundwater level in the entire excavation at least 1 foot below bottom grade or the 37 bottom of over-excavation of unsuitable material. 38

D. Positive measures shall be taken to prevent flotation or uplift of partially completed 39 structures until they are able to sufficiently resist water pressures. 40

E. The pumping and dewatering operations shall be carried out in such a manner that 41 no disturbance to the bearing soil or to soil supporting overlying and adjacent 42 structures from this or any other work will result. 43

F. The Contractor shall provide complete standby equipment and power sources 44 available for immediate operation as may be required to adequately maintain the 45 dewatering on a continuous basis in the event that all or any part of the dewatering 46 system may become inadequate or fail. Where existing wells are utilized for the 47 Contractor's dewatering purposes, the Contractor shall take full responsibility for the 48 protection, maintenance, and any required development of the wells during the 49 construction period. 50

G. Repair and Restoration - When failure to provide adequate dewatering and drainage 51 causes disturbance to the soils below bottom grade, slope instability, or damage to 52


foundations or structures, the Contractor shall, at his own expense, provide all 1 materials and labor to perform all work required for restoration of subgrade soils, 2 slopes, foundations, or structures to the satisfaction of the Engineer. 3

H. Removal - An adequate weight of backfill material to prevent flotation of pipes or 4 structures shall be in place before any dewatering systems are shut off. At the 5 completion of the dewatering work, all units of the dewatering system installed by the 6 Contractor shall be removed and the holes backfilled with clean sand or material as 7 approved by Engineer. 8

9 7-02.14 Upland Protection 10 The access point will be stabilized with a pad of quarry spalls, crushed rock, or other equivalent 11 to minimize tracking of sediment or noxious weeds onto public roads that will be kept free of 12 construction materials. If any materials are deposited on adjacent roadways, they will be 13 cleaned. Trees will be marked for preservation to ensure they will not be debarked or damaged 14 during clearing activities. Disturbed soils will be stabilized and protected from erosion by 15 mulching, plastic sheeting, sodding, hydro-seeding, erosion control fabrics or other approved 16 measures for anticipated inclement weather or following the completion of work in that area. 17 Contaminated materials will be disposed of at an approved and permitted disposal facility. 18 Temporary fill materials will be stockpiled in areas where it will not affect sensitive areas, 19 change drainage patterns, or become saturated and mobilize. 20 21 Division 8 Miscellaneous Construction 22 23 8-01 Erosion Control and Water Pollution Control 24 25 8-01.3 Construction Requirements 26 27 8-01.3(2)B Seeding and Fertilizing 28 (February 26, 2020 WDFW GSP) 29 30 Supplement this section with the following: 31 32 Contractor shall evenly spread the hydroseed erosion mixture on all soil exposed during the 33 performance of the work. 34

35 Mixture by Weight/Acre

4000 lbs of water 1800 lbs of wood fiber mulch 400 lbs of fertilizer (16-16-16) 80 lbs of seed (per the mix specified in Grass Seed)* 54 lbs of silvafiber tachifier,

*Mixture of seed are by percent weight of the total quantity of the seed. 36 37 Supplement this section with the following: 38 39 8-30 Hydraulically Powered Brush Cone Screen (Fish Screen) 40 (February 26, 2020 WDFW GSP) 41 42 43


8-30.1 Description 1 This section covers the contract item Fish Screen, which includes the following: 2 3

A. Furnishing, installing, and testing cone shaped fish screen and its control system at 4 the location shown. The fish screen unit shall include the following: 5

a. Cone shaped fish screen over the pipeline entrance. 6 b. Lifting eyes to allow the screen to be lifted in and out of the water by a District 7

supplied lifting device. 8 c. A steel cover late to fit over the pipe intake entrance if the screen is removed 9

from the intake. 10 d. A self-cleaning system consisting of three brush-cleaning arms that rotate 11

around the screen and wipe the screen surface clean. 12 e. Hydraulically operated drive mechanism integrated into the screen unit to 13

power the cleaning system. 14 f. Testing. 15 g. Spare parts. 16

17 B. The equipment furnished shall be fabricated, assembled, erected, and placed in proper 18

operating conditions in conformity with approved detail drawings, specifications, 19 engineering data, and recommendations of the equipment manufacturer. 20

21 8-30.2 Supplier 22 The fish screen with associated cleaning mechanism and controls shall be designed and 23 furnished by a single supplier with demonstrated experience with similar intake screening 24 systems, Supplier shall be Intake Screens, Inc. or approved equal. 25 26 8-30.3 References 27 The following publications form a part of this specification to the extent referenced. 28 29

1. American Society for Testing and Materials (ASTM): 30 a. ASTM A 36 – Standard Specification for Carbon Structural Steel. 31 b. ASTM A 276 – Specifications for Stainless Steel Bars and Shapes. 32

33 2. American Welding Society: 34

a. AWS D1.1 – Structural Welding Code – Steel. 35 b. AWS D1.6 – Structural Welding Code – Stainless Steel. 36

37 8-30.4 Submittals 38 Submit the following: 39 40

1. Product data, make, model of manufactured components. To include: Cone screen; 41 general arrangement of system components; physical dimensions and weights of 42 components; fish screen control panel with hydraulic power unit; and coatings. 43

2. Drawings showing general arrangement of the fish screen unit, including the layout 44 and configuration of the fish screen control panel and hydraulic power unit. 45

3. Construction materials used in the project, including product data sheets and other 46 material used in the project. 47

4. List of spare parts to be furnished. 48 5. Four (4) sets of detailed operation and maintenance manuals. The manuals shall 49

include basic installation, removal, inspection, operating, and maintenance procedures 50 for personnel. 51

6. Welder certifications using stainless steel and carbon steel as appropriate. 52


8-30.5 Products 1 2 8-30.5(A) General 3 4

A. The cone screen unit shall be designed to cover the intake opening and prevent the 5 entrainment and impingement of juvenile fish while allowing water to pass freely into 6 the intake pipeline. When the screen is installed it shall seal over the concrete intake 7 base. 8

B. An internal flow baffle shall be incorporated to evenly distribute the intake flow over the 9 screen area. 10

C. The screen system shall use a brush cleaning system. The exterior of the screen shall 11 be cleaned when the brush arms rotate about the top center of the screen unit and the 12 brushes wipe the screen surface. 13

D. The screen cleaning system shall be powered by a submersible hydraulic motor driven 14 system powered by a hydraulic power unit. 15

E. The screen unit shall be self-contained and able to be connected to the effluent line by 16 an approved method stated above. 17

18 8-30.5(B) Fish Screens 19 20

A. The fish screen shall be fabricated from wedgewire screen that has a maximum slot 21 size of 1.75 mm. 22

B. The fish screen shall have a support system welded to the back of the screen surface 23 and designed for the site and intake conditions. 24

C. The pipe entrance under the screen shall be fitted with a cover plate. The cover plate 25 shall be placed over the entrance when the fish screen is removed from service. 26

D. The screen shall seal to a concrete base with no gaps larger than 1.75 mm. 27 E. Screen percent open area minimum: 50 percent. 28 F. The screens shall be sized to limit the approach velocity of the water to 0.3 feet per 29

second (fps) or less at the screen surface at the maximum flow rate. 30 G. The screen shall be capable of being removed by District supplied equipment at the 31

site. The lifting device shall be designed in consultation with the screen manufacturer. 32 33 8-30.5(C) Screen Cleaning Drive Unit 34

35 A. The screen cleaning system shall consist of a submersible hydraulic motor powered 36

by a hydraulic power unit. The motor shall be capable of rotating the brush arms in 37 both a clockwise and counterclockwise direction during a cleaning cycle. 38

B. The hydraulic oil shall be synthetic white oil and approved by NOAA Fisheries. Chevron 39 Clarity, or equal. 40

41 8-30.5(D) Cleaning Brushes 42 43

A. Brush material shall be 612 nylon. 44 B. Brush arms shall be stainless steel and have stainless steel clips for supporting the 45

brush. 46 47 8-30.5(E) Controls 48 The fish screen unit shall include a timer-based control system with hydraulic power unit 49 (HPU). The HPU will operate the hydraulic motor in the screen unit via hydraulic hoses. The 50 number of cleaning cycles and the duration of each cycle shall be user defined by the operator. 51 Both manual and automatic controls shall be provided. 52


8-30.5(F) Performance Standards 1 The fish screen shall be sized so that the approach velocity of the screen is no more than 0.4 2 feet per second during a peak diversion. 3 4 8-30.5(G) Materials 5 Materials shall conform to the following: 6

A. Fish screen unit construction, except for the motors and drive plates, shall be 7 fabricated from ASTM A 276, Type 304 stainless steel. 8

B. All non-stainless steel shall conform to ASTM A 36 and epoxy coated after fabrication. 9 Dissimilar metal connections shall be insulated with gaskets as recommended by the 10 screen manufacturer. 11

C. Stainless steel bolting materials shall conform to ASTM A 193. 12 13 8-30.5(H) Spare Parts 14 Spare parts shall be interchangeable with, and shall be made of the same material as, the 15 corresponding part to be replaced. Provide the following spare parts: 16 17

1. One (1) complete set of replacement brushes. 18 19 8-30.6 Execution 20 21 8-30.6(A) Fabrication and Workmanship 22 Metalwork shall be free from warp, twists, dents, buckle and other defects. Installation shall 23 be neat, plumb, square, straight and in alignment. Provisions shall be made for expansion 24 throughout to avoid damage. Surfaces shall be cleaned and left free from stains, marks, burrs, 25 or other defects. 26 27 Welding on the fish screen units shall be in accordance with AWS D1.6 for stainless steel. 28 Field welding and cutting operations shall be performed with tarps or shields to prevent slag 29 or other debris from falling in the water. 30

31 8-30.6(B) Quality Assurance 32 Welders and welding operators shall be qualified in accordance with AWS D1.6 and D1.1 as 33 appropriate. Procedure qualification tests shall be performed on samples of steel that matches 34 the steel to be used in this section. 35

36 8-30.6(C) Field Testing and Operations and Maintenance Manuals - Demonstration 37 The screen manufacturer shall perform field testing and a demonstration of the cleaning 38 system for the District Representative. The testing and demonstration shall be performed in 39 the presence of the District Representative. 40 41 8-30.7 Screen Anchoring Hardware 42 Anchoring the screen assembly feet to the vault floor shall be with stainless steel embed bolts 43 or studs and nuts. Minimum anchor diameter is 1/2 inches and anchor depth shall be as 44 directed by the fastener manufacturer. Anchors may be expansion type (Red Head or 45 approved equivalent) or epoxied (Red Head C6 Plus, Hilti hy150, or approved equivalent) into 46 place. Nuts and washers shall also be stainless. 47 48 8-40 Demolition of Existing Screenhouse Structure 49 (February 26, 2020 WDFW GSP) 50 51 52


8-40.1 Description 1 The work includes the demolition of the existing screenhouse structure as shown on the plans 2 including removal and offsite disposal of demolished materials, furnishing and placing back 3 protection boulders. 4 5 8-40.2 Demolition 6 Excavation shall consist of removal of all materials required to install the structure as shown 7 on the plans and described in these specifications. Contractor is required to remove all brush, 8 culvert structure and objects not part of the natural soils within the limits of the new 9 embankment or as specified on the plans. Material encountered during excavation that meets 10 or exceeds the minimum requirements for Common Borrow may be used for embankment fill. 11 The unusable excavated material shall be removed to the Contractor’s waste area. Material 12 that is removed from the stream channel shall be replaced with Engineered Streambed 13 Material and compacted. Material removed from the streambed that meets or exceeds the 14 specification for Streambed Material may be reused. 15 16 During demolition of the screenhouse structure, protection of live water shall be ensured. Not 17 permitting or minimizing concrete dust and chips through the use of, but not limited to screens, 18 barriers, shields on equipment, and other methods to contain debris are required and shall be 19 submitted as part of the demolition plan. 20

A. Worker safety 21 B. Work sequence 22 C. Means and methods to minimize waste and maximize salvage 23 D. Disposal procedures 24 E. Protection of the environment 25 F. Disposal site(s) approved by all environmental agencies, including permits and 26

permissions as necessary. 27 G. Blasting and/or burning are not permitted. 28 H. Buildings to be demolished will be vacated and their use discontinued before start of 29

the work. 30 I. Owner assumes no responsibility for buildings and structures to be demolished. 31 J. Contractor shall Locate, identify, disconnect, and seal or cap off indicated utilities 32

serving buildings and structures to be demolished. 33 a. Cut off pipe or conduit a minimum of 24 inches below grade. Cap, valve, or plug 34

and seal remaining portion of pipe or conduit after bypassing. The pipe coming 35 from the City’s Collection Gallery is to be left open and exposed from the bank 36 for future use. 37

b. Do not use cutting torches until work area is cleared of flammable materials. 38 Maintain portable fire-suppression devices during flame-cutting operations. 39 Maintain fire watch during and for at least 8 hour after flame cutting operations. 40 Maintain adequate ventilation when using cutting torches. 41

K. Use water mist and other suitable methods to limit spread of dust and dirt. Comply with 42 governing environmental-protection regulations. Do not use water when it may 43 damage adjacent construction or create hazardous or objectionable conditions, such 44 as ice, flooding, and pollution. 45

L. Below-Grade Construction: Remove below-grade construction, including basements, 46 foundation walls, and footings, completely. 47

48 8-40.3 Placement of Nonwoven Fabric behind Bank Protection Boulders 49 Geotextile shall be overlapped a minimum of 2 feet at all longitudinal and transverse joints or 50 the geotextile joints shall be sewn together. Pegs, pins, or the manufacturer's recommended 51 method shall be used as needed to hold the geotextile in place until the specified cover 52


material is placed. Gravel fill shall not be dropped on the fabric from a height greater than 3 1 feet. End-dumping the cover material directly on the geotextile will not be permitted. The 2 surface to receive the fabric shall be prepared to a smooth, uniform condition free of 3 obstructions, protrusions, depressions, and debris. The fabric shall not be laid in a stretched 4 condition, but laid loosely and smoothly without excessive wrinkles. 5 6 8-40.4 Placement of Riprap as Bank Protection Boulders 7 All Riprap shall be placed by zero drop height method. Place riprap so that each rock rests 8 securely upon the underlying material and shall be in close contact with adjacent rock forms 9 dense, well-graded mass of stone with a minimum of voids. The desired distribution of stones 10 throughout the mass may be obtained by selective loading at the quarry and controlled 11 dumping during final placement. Place riprap to its full thickness in one operation. Do not 12 place riprap by dumping through chutes or other methods that cause segregation of stone 13 sizes. The toe of the riprap should be keyed into a stable foundation at its base. The largest 14 pieces shall be at the toe of the slope and as elevation increases, size may decrease. The 15 finished grade of the riprap should blend with the surrounding area. 16 17 Division 9 Materials 18 19 9.03 Aggregates 20 21 9-03.11 Streambed Aggregates 22 (February 26, 2020 WDFW GSP) 23 24 Add the following section: 25 26

9-03.11(5) Streambed Material 27 28 Streambed material to be placed in a culvert or stream channel shall meet the following 29 requirements for gradation: 30 31 2 Foot Minus: 32

33 Engineered Streambed Material may be reclaimed from the boulder field fish passage 34 portion of the project, provided the material meets specifications, or be sourced by the 35 Contractor. Material shall be approved by PM prior to import to site. 36

37 9-03.14 Borrow 38 39 9-03.14(3) Common Borrow 40 (February 26, 2020 WDFW GSP) 41 42 Delete this section and replace with the following: 43 44


Common borrow shall consist of non-plastic, granular or non-granular soil and/or aggregate 1 which is free of clay, wood, organic waste, coal, charcoal, or any other objectionable material. 2 The material shall be considered non-plastic if the percent by weight passing the No. 200 sieve 3 does not exceed 15%. Common Borrow may be obtained from the existing fill if the material 4 meets the above requirements. Contractor may source their material from a location of their 5 choosing providing the material meets specification or is approved by Engineer. 6 7 9-05 Drainage Structures and Culverts 8 9 9-05.6 Structural Plate Pipe, Pipe Arch, Arch, and Underpass 10 11 9-05.6(8)A Corrugated Steel Plates 12 (February 26, 2020 WDFW GSP) 13 14 Supplement this section with the following: 15 16 Corrugated metal pipe shall be 14 gauge metal thickness. 17 18 Add the following Section 19 20

9-05.60 Manhole for Cross Drain 21 22 CMP Riser shall be 16 gauge helical or annual corrugated metal pipe, with material 23 and diameter to match the cross drain pipe. For depths greater than 4 ft., use steps. 24 For depths greater than 5 ft., an access riser with minimum diameter of 4 ft. shall be 25 used. Corrugated metal stubs and cross drain pipe shall be matching gauge. Stub 26 lengths out shall be a minimum of 1 ft. in length. Manhole bottom shall be either cast 27 in place concrete, 6 inches thick with #4 bar at 12 inches on center spacing or an 8-28 gauge bottom plate welded to the riser. All metal parts shall be galvanized to match 29 the cross drain pipe. Manhole shall have a lid or cover that permits future cleanout. 30

31 9-13 Riprap, Quarry Spalls, Slope Protection, and Rock for Erosion and Scour 32 Protection and Rock Walls 33 34 9-13.1 Riprap and Quarry Spalls 35 36 9-13.1(1) General 37 (February 26, 2020 WDFW GSP) 38 39 Supplement this section with the following: 40 41 Riprap sourced from the site, provided it meets the size requirements, shall be permitted. 42 Otherwise, it shall be the Contractor’s responsibility to find commercial sources for riprap. 43 44 9-13.1(4) Hand Placed RipRap 45 (February 26, 2020 WDFW GSP) 46 47 Delete this section and replace with the following: 48 49 50 51


9-13.1(4) Rock for Bank Protection 1 2

Rock for bank protection shall be hard, sound, and durable material, free from seams, 3 cracks, and other defects that tend to destroy its resistance to weather, and it shall 4 consist of broken and/or processed rock. The use of recycled material and concrete 5 rubble as defined in Section 9-03.21 shall not be permitted. Material sourced from the 6 site, provided it meets the size requirements, shall be permitted. 7

8 9-13.1(5) Quarry Spalls 9 (February 26, 2020 WDFW GSP) 10 11 Supplement this section with the following: 12 13 Quarry Spalls may be reclaimed from other areas of the project providing the material meets 14 specification. Otherwise, it shall be the Contractor’s responsibility to find commercial sources 15 for Quarry Spalls 16 17 9-14 Erosion Control and Roadside Planting 18 19 9-14.2 Seed 20 (February 26, 2020 WDFW GSP) 21 22 Replace this section with the following: 23 24 Seed mixture shall be as shown on the following table. 25 26

Mixture Percent by Weight 15-35% Blue Wild Rye 5-25% Bluebunch Wheatgrass 10-30% Idaho Fescue 10-30% Mountain Brome 5-25% Prairie Junegrass 0-20% Red Fescue

27 Seed shall be furnished in standard containers on which the following shall be shown: 28

1. Common name of seed. 29 2. Net weight. 30 3. Percent of purity. 31 4. Percentage of germination. 32 5. Percentage of weed seed and inert material. 33

34 Grasses, legumes, or cover crop seed of the type specified shall conform to the standards for 35 “Certified” grade seed or better as outlined by the State of Washington Department of 36 Agriculture “Rules for Seed Certification”, latest edition. Seed shall be furnished in standard 37 containers on which shall be shown the following information: 38

(1) Common and botanical names of seed, 39 (2) Lot number, 40 (3) Net weight, 41 (4) Pure live seed. 42

43


All seed vendors must have a business license issued by the Washington State Department 1 of Licensing with a “seed dealer” endorsement. Upon request, the Contractor shall furnish the 2 Engineer with copies of the applicable licenses and endorsements. 3 4 9-14.6 Plant Materials 5 6 9-14.6(1) Description 7 (February 26, 2020 WDFW GSP) 8 9 Supplement this section with the following: 10 11

4. Cuttings from willows near the site shall be 24-inches long and a minimum of 1-inch in 12 diameter. Split stake cuttings shall be rejected. Stakes shall be driven butt end in the 13 ground until only 4 to 6 inches protrude. This protrusion shall have 2 to 3 buds exposed 14 aboveground. Care shall be taken not to damage the top bud. Cuttings shall be kept 15 moist after cutting and driven on the same day as cut. 16

17 9-14.6(3) Handling and Shipping 18 (February 26, 2020 WDFW GSP) 19 20 Delete items 1-9 and replace with the following: 21 22 The Contractor shall provide the following information for plants not obtained onsite: 23

1. Name and current address of nursery 24 2. Date sold and shipped 25 3. List of plant species, sizes, and quantities 26 4. Planting recommendations 27 5. Certificate of Grade 28

29 9-30 Water Distribution Materials 30 31 9-30.3 Valves 32 33 9-30.3(1) Gate Valves (3 to 16 Inches) 34 (February 26, 2020 WDFW GSP) 35 36 Supplement this section with the following: 37 38 Non-buried service valves shall include one of the following as shown on the drawings: 39

1. A hand wheel opening counter clockwise 40 2. Extension stem that rises from the valve to within 1 inches of the bottom of the walkway 41

grating with 2” operating nut. A 3 ft. tall “T” handle shall be provided with an appropriate 42 socket that fits over the operating nuts on the installed valve stems that permits 43 operation of the valves from the grating floor operation. 44

45 All valves shall be supported by a saddle. That may be blocking, cast-in-place concrete, jack, 46 or other support of Contractor’s selection and Engineer’s approval. Gate valves 12 inches 47 and larger shall be anchored as shown on the Drawings or as indicated on the thrust block 48 location sheet. Valves shall be bound to the saddle by stainless steel strapping. 49 50 51

STD DB Wage Requirements (Rev 5-16-12)

WAGE RATE REQUIREMENTS (1)Davis Bacon Wages – 29 CFR 5.5

The Contractor shall pay the higher of the following two wage rate determinations: Federal Wage Rate Determination: WA20200065 03/13/2020 State Prevailing Wage Rate Determination: Effective Date, Trade, County (example:Chelan County 04/09/2020 This contract is subject to Davis Bacon wage rates, meaning the Contractor is required to pay the higher of the Federal and State wage rate determinations included in these contract documents. It is the Contractor's sole responsibility to simultaneously comply with Federal (SCA {29 CFR Parts 4, 6, 8}) and State (RCW 39) labor laws; this includes ensuring that its subcontractors comply with same. If the Contractor uses labor classifications for which wage rate determinations are not included in (2) both of the federal and state wage determinations included in these specific Contract Documents, the Contractor, in most instances, must propose a wage rate and request approval of the proposed rate in writing from the Owner. Such additional determinations are enforceable provisions of this Contract, as though fully set forth herein. (1) The purpose of the above is to serve as guidance for compliance with the wage requirements stated in these contract documents. It is not to be taken as comprehensive. It does not contradict or replace the general conditions or supplemental general conditions. Further guidance, clarification, and information must be sought from WDOL and WA L&I - not the Owner or the Owner’s engineer. (2) For example, if a wage class is included in the state wage determination but is not included in the federal wage determination, the Contractor cannot simply use the state rate. Some specialty classifications may be covered by general classifications, but in most cases, Davis Bacon requires the Contractor to request a federal wage determination. NOTES: There is no guarantee that labor can be obtained at the enclosed wage rates. The Federal and state minimum wage rates included herein may change before bid opening. Revised rates will be included in addendum(s).

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PERMITS The following permits have been obtained by the Contracting Agency.

1) WDFW Hydraulic Project Approval, Permit Number: 2019-2-140+01 2) WDOE Water Quality Certification: Order No. 16634 3) US Army Corp of Engineers Nationwide Permit 27: NWS-2018-890 4) US Army Corp of Engineers Nationwide Permit 33: NWS-2018-890 5) US Forest Service Right of Entry Permit 6) Chelan County Shoreline Substantial Development Permit: Permit # SDP 2018-299 7) Chelan County ROW Permit: Permit #9099 8) WDOE Construction General Stormwater Permit

These permits are part of the Contract Documents and the Contractor is contractually bound to fulfilling the terms and requirements of the Permits.

Copies of the permits and their attachments may be downloaded at

https://1drv.ms/u/s!AvU38uOxQjXNgo5EmKzBYfCMbs-UGQ?e=IWiJth

Copies of the permits may also be obtained upon request from:

Jeff Moran, Project Engineer Varela and Associates, Inc. 601 W. Mallon Ave. Suite A Spokane, WA 99201 (509) 328-6066 [email protected]

By submitting a bid the Contractor acknowledges receipt of the permit terms and conditions. See Section 1-02.4 Examination of Plans, Specifications, and Site of Work.

https://1drv.ms/u/s!AvU38uOxQjXNgo5EmKzBYfCMbs-UGQ?e=IWiJth


WDFW Hydraulic Project Approval, Permit Number: 2019-2-140+01

PERMITTEE AUTHORIZED AGENT OR CONTRACTOR

Trout Unlimited Ecolution, LLC

ATTENTION: Aaron Penvose ATTENTION: Marnie Tyler

103 Palouse Street, Suite 13 1910 4th Ave E, PMB 193

Wenatchee, WA 98801 Olympia, WA 98506-4632

Project Name: Icicle Creek Boulder Field Fish Habitat Improvement – Step-Pool Channel Construction and City of Lea

Project Description: This is a multi-phase fish passage and fish habitat improvement project. Several preliminary studies have been completed in earlier phases of work:• 2013 Icicle Creek Fish Passage Assessment• 2013 Geologic Assessment of the Icicle Creek Boulder Field Study Reach• 2015 Leavenworth Waterline Assessment• 2016 Fish Passage Alternatives Analysis and Design• 2016 Geotech Assessment (Toth and Swanson)• 2018 Geotech Assessment (Aspect Engineering)Analysis, reports and drawings resulting from these studies can be found at the following link:https://1drv.ms/f/s!AvU38uOxQjXNgb81eL-ULgmeQo6LlQ

In the current phase, the sponsor proposes to construct a step-pool channel to enhance fish passage to more than 23 miles of habitat in the upper reaches of Icicle Creek. In order to construct the step-pool channel, the City of Leavenworth water supply pipeline will need to be replaced and relocated. The City’s new water line will incorporate a new fish screen and screen house as part of this project.

PROVISIONS

TIMING - PLANS - INVASIVE SPECIES CONTROL

1. TIMING LIMITATION: You may begin the project on April 1, 2020 and you must complete the project by September 9, 2024; provided: all in-water work is completed between July 1 to October 15 of any calendar year.

2. APPROVED PLANS: You must accomplish the work per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife, entitled Icicle Boulder Field Passage Design - 90% Design.pdf and City Screen Draft Design7-31-18.pdf, received on August 31, 2019, except as modified by this Hydraulic Project Approval. You must have a copy of these plans available on site during all phases of the project construction.

3. INVASIVE SPECIES CONTROL: Follow Level 1 Decontamination protocol for low risk locations. Thoroughly remove visible dirt and organic debris from all equipment and gear (including drive mechanisms, wheels, tires, tracks, buckets and undercarriage) before arriving and leaving the job site to prevent the transport and introduction of invasive species. Properly dispose of any water and chemicals used to clean gear and equipment. For contaminated or high risk sites please refer to the Level 2 Decontamination protocol. You can find this and additional information in the Washington Department of Fish and Wildlife's "Invasive Species Management Protocols", available online at https://wdfw.wa.gov/species-habitats/invasive/prevention.

Page 1 of 7

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234


(360) 902-2200

Permit Number: 2019-2-140+01

FPA/Public Notice Number: N/A

Application ID: 16045

Project End Date: September 09, 2024

Issued Date: September 11, 2019

NOTIFICATION REQUIREMENTS

4. PRE-CONSTRUCTION CONTRACTOR MEETING: You, your agent, or contractor must contact the Washington Department of Fish and Wildlife by e-mail at [email protected]; mail to Post Office Box 43234, Olympia, Washington 98504-3234; or fax to (360) 902-2946 at least fourteen business days before starting work to arrange a pre-construction contractor meeting onsite. The notification must include the permittee's name, project location, starting date, and the Hydraulic Project Approval permit number.

5. PRE- AND POST-CONSTRUCTION NOTIFICATION: You, your agent, or contractor must contact the Washington Department of Fish and Wildlife by e-mail at [email protected]; mail to Post Office Box 43234, Olympia, Washington 98504-3234; or fax to (360) 902-2946 at least three business days before starting work, and again within seven days after completing the work. The notification must include the permittee's name, project location, starting date for work or date the work was completed, and the permit number. The Washington Department of Fish and Wildlife may conduct inspections during and after construction; however, the Washington Department of Fish and Wildlife will notify you or your agent before conducting the inspection.

6. PHOTOGRAPHS: You, your agent, or contractor must take photographs of the job site before the work begins and after the work is completed. You must upload the photographs to the post-permit requirement page in the Aquatic Protection Permitting System (APPS) or mail them to Washington Department of Fish and Wildlife at Post Office Box 43234, Olympia, Washington 98504-3234 within 30-days after the work is completed.

7. FISH KILL/ WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife of the problem. If the likely cause of the fish kill or fish distress is related to water quality, also notify the Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts.

STAGING, JOB SITE ACCESS, AND EQUIPMENT

8. Establish staging areas (used for equipment storage, vehicle storage, fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state.

9. Use existing roadways or travel paths.

10. Limit the removal of native bankline vegetation to the minimum amount needed to construct the project.

11. Confine the use of equipment to the specific access and work corridor shown in the approved plans.

12. Limit the use of equipment waterward of the ordinary high water line to that necessary to gain position for the work.

13. Remove soil or debris from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to operating the equipment waterward of the ordinary high water line.

14. If wet or muddy conditions exist, in or near a riparian zone or wetland area, use equipment that reduces ground pressure.

15. Check equipment daily for leaks and complete any required repairs in an upland location before using the equipment in or near the water.

16. Use environmentally acceptable lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols in equipment operated in or near the water.

CONSTRUCTION MATERIALS

17. Store all construction and deconstruction material in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state.

Page 2 of 7



PO Box 43234


(360) 902-2200






17. Store all construction and deconstruction material in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state.

18. Do not stockpile construction material waterward of the ordinary high water line.

19. Protect all disturbed areas from erosion. Maintain erosion and sediment control until all work and cleanup of the job site is complete.

IN-WATER WORK AREA ISOLATION USING A COFFERDAM STRUCTURE

20. Use a cofferdam, dike, or similar structure to exclude water from the work area.

21. Maintain water quality when installing and removing the cofferdam, dike or similar structure.

22. Install the cofferdam, dike or similar structure and remove fish prior to the start of other work in the wetted perimeter.

23. Route the construction water (wastewater) from the project to an upland area above the limits of anticipated floodwater. Remove fine sediment and other contaminants before discharging the construction water to waters of the state.

24. Sequence the work to minimize the duration of dewatering.

25. If utilizing a pump for de-watering in a fish-bearing stream, the pump intake structure must have a fish screen installed, operated, and maintained in accordance with RCW 77.57.010 and 77.57.070. Screen the pump intake with one of the following: a) Perforated plate: 0.094 inch (maximum opening diameter); b) Profile bar: 0.069 inch (maximum width opening); or c) Woven wire: 0.087 inch (maximum opening in the narrow direction). The minimum open area for all types of fish screens is twenty-seven percent. The screened intake facility must have enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. Maintain fish screens to prevent injury or entrapment of fish.

26. The fish screen must remain in place whenever water is withdrawn from the stream through the pump intake.

27. Remove fish screens on dewatering pumps in the isolated work area only after all fish are safe and excluded from the work area.

28. Isolate pump hose intakes with block nets so that fish cannot get near the intake.

FISH LIFE REMOVAL

29. All persons participating in capture and removal must have training, knowledge, and skills in the safe handling of fish life.

30. If electrofishing is conducted, a person with electrofishing training must be on-site to conduct or direct all electrofishing activities.

31. If personnel are available, the Washington Department of Fish and Wildlife and affected tribes may help capture and move fish life from the job site.

32. Capture and safely move fish life from the work area to the nearest suitable free-flowing water.

CITY OF LEAVENWORTH DIVERSION/INTAKE

33. Equip and maintain the City of Leavenworth device used for diverting water from a fish-bearing watercourse with a fish screen approved by the Washington Department of Fish and Wildlife to prevent passage or impingement of fish.

34. The fish screen and associated structures shall be maintained as necessary to achieve the required fish protection criteria at all times when water is taken into the diversion device.

STEP POOL CHANNEL FISH PASSAGE IMPROVEMENT

35. The new step pool channel must incorporate habitat components, bed materials and channel morphology, to provide equal or better habitat compared to that which previously existed in the old channel. The goal is to provide

Page 3 of 7



PO Box 43234


(360) 902-2200






LOCATION #1: Site Name: Icicle Creek Boulder Falls, RM 5.6ICICLE CANYON RD; Icicle Creek, 5.5 miles above the confluence with the Wenatchee River, Leavenworth, WA 98826

WORK START: September 11, 2019 WORK END: September 9, 2024

WRIA Waterbody: Tributary to:

45 - Wenatchee Icicle Creek (rb) Wenatchee River

increased opportunities for adult steelhead and bulltrout passage during peak upstream migration.

36. During construction, isolate the new channel from the flowing watercourse to minimize turbidity.

37. Utilize the least impactful methods for rock breaking. The plans specify 1) hydraulic rock breaking hammers mounted on the end of an extractor arm, 2) the Boulder Buster™, a non-detonating rock-breaking tool that utilizes propellant technology, 3) expansive demolition grout (Toth and Swanson 2016), and 4) deflagrating low-velocity explosives may be applied if other methods have not been successful. If utilizing explosives, follow the provisions required for blasting.

BLASTING

38. Before any blasting, capture and safely move food fish, game fish, and other fish life from an in-water work area extending 75 feet upstream and 75 feet downstream from the blast site. Place block nets upstream and downstream of the in-water work area before capturing and removing fish life. Capture and safely move fish life from the work area to the nearest suitable free-flowing water away from the blast.

39. Place a bubble curtain around the blast site to minimize impacts to fish.

40. Use approved fish scare tactics before blasting.

41. If at all possible, use a cofferdam, bypass, or similar structure to physically separate the blast site from the flowing stream.

DEMOBILIZATION AND CLEANUP

42. To minimize sediment delivery to the stream or stream channel, do not return in-stream flows to the work area until all in-channel work is completed and the bed and banks are stabilized.

43. Seed areas disturbed by construction activities with a native seed mix suitable for the site that has at least one quick-establishing plant species.

44. Replace native riparian zone and aquatic vegetation, and wetland vascular plants (except noxious weeds) damaged or destroyed by construction using a proven methodology.

45. Complete replanting of riparian vegetation during the first dormant season (late fall through late winter) after project completion per the approved plan. Maintain plantings for at least three years to ensure at least eighty percent of the plantings survive. Failure to achieve the eighty percent survival in year three will require you to submit a plan with follow-up measures to achieve requirements or reasons to modify requirements.

46. Upon completion of the project, remove all materials or equipment from the site and dispose of all excess spoils and waste materials in an upland area above the limits of anticipated floodwater.

47. Return water flow slowly to the in-water work area to prevent the downstream release of sediment laden water. If necessary, install silt fencing above the bypass outlet to capture sediment during re-watering of the channel.

48. Remove temporary erosion and sediment control methods after job site is stabilized or within three months of project completion, whichever is sooner.

Page 4 of 7



PO Box 43234


(360) 902-2200






APPLY TO ALL HYDRAULIC PROJECT APPROVALS

This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project.

This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work.

This Hydraulic Project Approval does not authorize trespass.

The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval.

Failure to comply with the provisions of this Hydraulic Project Approval could result in civil action against you, including, but not limited to, a stop work order or notice to comply, and/or a gross misdemeanor criminal charge, possibly punishable by fine and/or imprisonment.

All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below.

1/4 SEC: Section: Township: Range: Latitude: Longitude: County:

28 24 N 17 E 47.54436 -120.71209 Chelan

Location #1 Driving Directions

From the town center of Leavenworth, WA, follow US Route 2 west towards 9th Street, 0.8 mile, to the junction with Icicle Road. Proceed south on Icicle Road 4.3 miles (Note: Icicle Road becomes Icicle Creek Road before it becomes USFS 7600 Road). The gravel access road is on the north side of Icicle Creek Road and begins at the west end of the Snow Lakes Trailhead parking lot above the confluence of Snow Creek and Icicle Creek.

Page 5 of 7



PO Box 43234


(360) 902-2200






MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must use the Major Modification process described below. Any approved minor modification will require issuance of a letter documenting the approval. A minor modification to the required work timing means any change to the work start or end dates of the current work season to enable project or work phase completion. Minor modifications will be approved only if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to [email protected]. You should allow up to 45 days for the department to process your request.

MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send your written request by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your request for a major modification to [email protected]. You should allow up to 45 days for the department to process your request.

APPEALS INFORMATION

If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more information.

A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule.

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PO Box 43234


(360) 902-2200






A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to [email protected]; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee may conduct an informal hearing or review and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal.

B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule.

A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to [email protected]; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal.

C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable.

Habitat Biologist [email protected] for Director

WDFWAmanda Barg 509-429-9285

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PO Box 43234


(360) 902-2200






WDOE Water Quality Certification: Order No. 16634

US Army Corp of Engineers Nationwide Permit 27: NWS-2018-890

NATIONWIDE PERMIT 27 Terms and Conditions

Effective Date: March 19, 2017

A. Description of Authorized Activities B. U.S. Army Corps of Engineers (Corps) National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. Washington Department of Ecology (Ecology) Section 401 Water Quality Certification (401

Certification): General Conditions F. Ecology 401 Certification: Specific Conditions for this NWP G. Coastal Zone Management Consistency Response for this NWP

In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit (NWP) authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 27. Aquatic Habitat Restoration, Enhancement, and Establishment Activities. Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non-tidal wetlands and riparian areas, the restoration and enhancement of non-tidal streams and other non-tidal open waters, and the rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters, provided those activities result in net increases in aquatic resource functions and services.

To be authorized by this NWP, the aquatic habitat restoration, enhancement, or establishment activity must be planned, designed, and implemented so that it results in aquatic habitat that resembles an ecological reference. An ecological reference may be based on the characteristics of an intact aquatic habitat or riparian area of the same type that exists in the region. An ecological reference may be based on a conceptual model developed from regional ecological knowledge of the target aquatic habitat type or riparian area.

To the extent that a Corps permit is required, activities authorized by this NWP include, but are not limited to: the removal of accumulated sediments; the installation, removal, and maintenance of small water control structures, dikes, and berms, as well as discharges of dredged or fill material to restore appropriate stream channel configurations after small water control structures, dikes, and berms, are removed; the installation of current deflectors; the enhancement, rehabilitation, or re-establishment of riffle and pool stream structure; the placement of in-stream habitat structures; modifications of the stream bed and/or banks to enhance, rehabilitate, or re-establish stream meanders; the removal of stream barriers, such as undersized culverts, fords, and grade control structures; the backfilling of artificial channels; the removal of existing drainage structures, such as drain tiles, and the filling, blocking, or reshaping of drainage ditches to restore wetland hydrology; the installation of structures or fills necessary to restore or enhance wetland or stream hydrology; the construction of small nesting islands; the construction of open water areas; the construction of oyster habitat over unvegetated bottom in tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or discing for seed bed preparation and the planting of appropriate wetland species; re-establishment of submerged aquatic vegetation in areas where those plant communities previously existed; re-establishment of tidal wetlands in tidal waters where those wetlands previously existed; mechanized land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related activities. Only native plant species should be planted at the site.

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This NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands and streams, on the project site provided there are net increases in aquatic resource functions and services. Except for the relocation of non-tidal waters on the project site, this NWP does not authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g., the conversion of a stream to wetland or vice versa) or uplands. Changes in wetland plant communities that occur when wetland hydrology is more fully restored during wetland rehabilitation activities are not considered a conversion to another aquatic habitat type. This NWP does not authorize stream channelization. This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open water impoundments. Compensatory mitigation is not required for activities authorized by this NWP since these activities must result in net increases in aquatic resource functions and services.

Reversion. For enhancement, restoration, and establishment activities conducted: (1) In accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement, or a wetland establishment agreement, between the landowner and the U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service (NRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), U.S. Forest Service (USFS), or their designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the Office of Surface Mining Reclamation and Enforcement (OSMRE) or the applicable state agency, this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use (i.e., prior to the restoration, enhancement, or establishment activities). The reversion must occur within five years after expiration of a limited term wetland restoration or establishment agreement or permit, and is authorized in these circumstances even if the discharge occurs after this NWP expires. The five-year reversion limit does not apply to agreements without time limits reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS, or an appropriate state cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of the United States for the reversion of wetlands that were restored, enhanced, or established on prior-converted cropland or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or their designated state cooperating agencies (even though the restoration, enhancement, or establishment activity did not require a section 404 permit). The prior condition will be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit. Before conducting any reversion activity the permittee or the appropriate Federal or state agency must notify the district engineer and include the documentation of the prior condition. Once an area has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory requirements are applicable to that type of land at the time. The requirement that the activity results in a net increase in aquatic resource functions and services does not apply to reversion activities meeting the above conditions. Except for the activities described above, this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition. In such cases a separate permit would be required for any reversion.

Reporting. For those activities that do not require pre-construction notification, the permittee must submit to the district engineer a copy of: (1) The binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement, or a project description, including project plans and location map; (2) the NRCS or USDA Technical Service Provider documentation for the voluntary stream enhancement or restoration action or wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit issued by OSMRE or the applicable state agency. The report must also include information on baseline ecological conditions on the project site, such as a delineation of wetlands, streams, and/or other aquatic habitats. These documents must be submitted to the district

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engineer at least 30 days prior to commencing activities in waters of the United States authorized by this NWP.

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing any activity (see general condition 32), except for the following activities: (1) Activities conducted on non-Federal public lands and private lands, in accordance with the terms and conditions of a binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS or their designated state cooperating agencies; (2) Voluntary stream or wetland restoration or enhancement action, or wetland establishment action, documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit issued by the OSMRE or the applicable state agency. However, the permittee must submit a copy of the appropriate documentation to the district engineer to fulfill the reporting requirement. (Authorities: Sections 10 and 404) Note: This NWP can be used to authorize compensatory mitigation projects, including mitigation banks and in-lieu fee projects. However, this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior condition, since compensatory mitigation is generally intended to be permanent. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs

To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements.

3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.

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4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.

5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.

6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).

7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.

8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.

9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements.

11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.

12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides.

13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate.

14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization.

15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project.

16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible

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inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/.

17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands.

18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take”

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provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively.

19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether “incidental take” permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.

20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out

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appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties.

21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district

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engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal.

23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.

(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting

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a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).

(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level.

24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety.

25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality.

26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements.

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27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination.

28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre.

29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.”

_____________________________________________ (Transferee) _____________________________________________ (Date)

30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later.

31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification.

32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as

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possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either:

(1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or

(2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information:

(1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize

the proposed activity; (4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse

environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);

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(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate;

(6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.

(7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act;

(8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act;

(9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and

(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project.

(c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or

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other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination.

District Engineer’s Decision: 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and wetlands, cannot exceed 1/2-acre. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method

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may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information: 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions apply to all NWPs for the Seattle District in Washington State, unless specified.

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1. Project Drawings: Drawings must be submitted with pre-construction notification (PCN). Drawings must provide a clear understanding of the proposed project, and how waters of the U.S. will be affected. Drawings must be originals and not reduced copies of large-scale plans. Engineering drawings are not required. Existing and proposed site conditions (manmade and landscape features) must be drawn to scale. 2. Aquatic Resources Requiring Special Protection: Activities resulting in a loss of waters of the United States in mature forested wetlands, bogs and peatlands, aspen-dominated wetlands, alkali wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, wetlands in coastal lagoons, and wetlands in dunal systems along the Washington coast cannot be authorized by a NWP, except by the following NWPs:

NWP 3 – Maintenance NWP 20 – Response Operations for Oil and Hazardous Substances NWP 32 – Completed Enforcement Actions NWP 38 – Cleanup of Hazardous and Toxic Waste

In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special protection, prospective permittees must submit a PCN to the Corps of Engineers (see NWP general condition 32) and obtain written authorization before commencing work. 3. New Bank Stabilization in Tidal Waters of Puget Sound: Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas (WRIAs) 8, 9, 10, 11 and 12 (within the areas identified on Figures 1a through 1e on Corps website) cannot be authorized by NWP. 4. Commencement Bay: The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area (see Figure 2 on Corps website):

NWP 12 – Utility Line Activities (substations) NWP 13 – Bank Stabilization NWP 14 – Linear Transportation Projects NWP 23 – Approved Categorical Exclusions NWP 29 – Residential Developments NWP 39 – Commercial and Institutional Developments NWP 40 – Agricultural Activities NWP 41 – Reshaping Existing Drainage Ditches NWP 42 – Recreational Facilities NWP 43 – Stormwater and Wastewater Management Facilities

5. Bank Stabilization: All projects including new or maintenance bank stabilization activities require PCN to the Corps of Engineers (see NWP general condition 32). For new bank stabilization projects only, the following must be submitted to the Corps of Engineers:

a. The cause of the erosion and the distance of any existing structures from the area(s) being stabilized. b. The type and length of existing bank stabilization within 300 feet of the proposed project. c. A description of current conditions and expected post-project conditions in the waterbody. d. A statement describing how the project incorporates elements avoiding and minimizing adverse environmental effects to the aquatic environment and nearshore riparian area, including vegetation impacts in the waterbody.

In addition to a. through d., the results from any relevant geotechnical investigations can be submitted with the PCN if it describes current or expected conditions in the waterbody. 6. Crossings of Waters of the United States: Any project including installing, replacing, or modifying crossings of waters of the United States, such as culverts or bridges, requires submittal of a PCN to the

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Corps of Engineers (see NWP general condition 32). If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, the project must apply the stream simulation design method from the Washington Department of Fish and Wildlife located in the Water Crossing Design Guidelines (2013), or a design method which provides passage at all life stages at all flows where the salmonid species would naturally seek passage. If the stream simulation design method is not applied for a culvert where salmonid species are present or could be present, the project proponent must provide a rationale in the PCN sufficient to establish one of the following:

a. The existence of extraordinary site conditions. b. How the proposed design will provide equivalent or better fish passage and fisheries habitat benefits than the stream simulation design method.

If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, project proponents must provide a monitoring plan with the PCN that specifies how the proposed culvert will be assessed over a five-year period from the time of construction completion to ensure its effectiveness in providing passage at all life stages at all flows where the salmonid species would naturally seek passage. Culverts installed under emergency authorization that do not meet the above design criteria will be required to meet the above design criteria to receive an after-the-fact nationwide permit verification. 7. Stream Loss: A PCN is required for all activities that result in the loss of any linear feet of stream beds. No activity shall result in the loss of any linear feet of perennial stream beds or the loss of greater than 300 linear feet of intermittent and/or ephemeral stream beds. A stream may be rerouted if it is designed in a manner that maintains or restores hydrologic, ecologic, and geomorphic stream processes, provided there is not a reduction in the linear feet of stream bed. Streams include brooks, creeks, rivers, and historical waters of the U.S. that have been channelized into ditches. This condition does not apply to ditches constructed in uplands. Stream loss restrictions may be waived by the district engineer on a case-by-case basis provided the activities result in net increases of aquatic resource functions and services. 8. Mitigation: Pre-construction notification is required for any project that will result in permanent wetland losses that exceed 1,000 square feet. In addition to the requirements of General Condition 23 (Mitigation), compensatory mitigation at a minimum one-to-one ratio will be required for all permanent wetland losses that exceed 1,000 square feet. When a PCN is required for wetland losses less than 1,000 square feet, the Corps of Engineers may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation for impacts to marine waters, lakes, and streams will be determined on a case-by-case basis. If temporary impacts to waters of the U.S. exceed six months, the Corps of Engineers may require compensatory mitigation for temporal effects. 9. Magnuson-Stevens Fishery Conservation and Management Act – Essential Fish Habitat Essential Fish Habitat (EFH) is defined as those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity. If EFH may be adversely affected by a proposed activity, the prospective permittee must provide a written EFH assessment with an analysis of the effects of the proposed action on EFH. The assessment must identify the type(s) of essential fish habitat (i.e., Pacific salmon, groundfish, and/or coastal-pelagic species) that may be affected. If the Corps of Engineers determines the project will adversely affect EFH, consultation with NOAA Fisheries will be required. Federal agencies should follow their own procedures for complying with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act. If PCN is required for the proposed activity, Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. 10. Forage Fish: For projects in forage fish spawning habitat, in-water work must occur within designated forage fish work windows, or when forage fish are not spawning. If working outside of a designated work window, or if forage fish work windows are closed year round, work may occur if the

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work window restriction is released for a period of time after a forage fish spawning survey has been conducted by a biologist approved by the Washington State Department of Fish and Wildlife (WDFW). Forage fish species with designated in-water work windows include Pacific sand lance (Ammodytes hexapterus), Pacific herring (Clupea pallasi), and surf smelt (Hypomesus pretiosus). This RGC does not apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. 11. Notification of Permit Requirements: The permittee must provide a copy of the nationwide permit authorization letter, conditions, and permit drawings to all contractors and any other parties performing the authorized work prior to the commencement of any work in waters of the U.S. The permittee must ensure all appropriate contractors and any other parties performing the authorized work at the project site have read and understand relevant NWP conditions as well as plans, approvals, and documents referenced in the NWP letter. A copy of these documents must be maintained onsite throughout the duration of construction. 12. Construction Boundaries: Permittees must clearly mark all construction area boundaries before beginning work on projects that involve grading or placement of fill. Boundary markers and/or construction fencing must be maintained and clearly visible for the duration of construction. Permittees should avoid and minimize removal of native vegetation (including submerged aquatic vegetation) to the maximum extent possible. 13. Temporary Impacts and Site Restoration a. Temporary impacts to waters of the U.S. must not exceed six months unless the prospective permittee

requests and receives a waiver by the district engineer. Temporary impacts to waters of the U.S. must be identified in the PCN.

b. No more than 1/2 acre of waters of the U.S. may be temporarily filled unless the prospective permittee requests and receives a waiver from the district engineer (temporary fills do not affect specified limits for loss of waters associated with specific nationwide permits).

c. Native soils removed from waters of the U.S. for project construction should be stockpiled and used for site restoration. Restoration of temporarily disturbed areas must include returning the area to pre-project ground surface contours. If native soil is not available from the project site for restoration, suitable clean soil of the same textural class may be used. Other soils may be used only if identified in the PCN.

d. The permittee must revegetate disturbed areas with native plant species sufficient in number, spacing, and diversity to restore affected functions. A maintenance and monitoring plan commensurate with the impacts, may be required. Revegetation must begin as soon as site conditions allow within the same growing season as the disturbance unless the schedule is approved by the Corps of Engineers. Native plants removed from waters of the U.S. for project construction should be stockpiled and used for revegetation when feasible. Temporary Erosion and Sediment Control measures must be removed as soon as the area has established vegetation sufficient to control erosion and sediment.

e. If the Corps determines the project will result in temporary impacts of submerged aquatic vegetation (SAV) that are more than minimal, a monitoring plan must be submitted. If recovery is not achieved by the end of the monitoring period, contingencies must be implemented, and additional monitoring will be required.

This RGC does not apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: 1. A pre-construction notification (PCN) must be submitted to the district engineer (see NWP general condition 32) for any proposed project located in a Department of the Army permit compensatory mitigation site, Comprehensive Environmental Response, Compensation and Liability Act (Superfund)

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site, Resource Conservation and Recovery Act hazardous waste clean-up site, Washington State Department of Ecology compensatory mitigation site, or Washington State Model Toxics Control Act clean-up site. 2. For projects subject to PCN, if there is a loss of waters of the U.S., the project proponent must explain in the PCN why the loss is necessary and show how it would be fully offset by the beneficial elements of the project. 3. The PCN must contain a description of pre-project site conditions (including photographs), aquatic functions the site provides, and benefits anticipated from project construction. 4. The project proponent must include maintenance and monitoring plans with the PCN. 5. Restoration projects involving shellfish seeding must use shellfish native to the watershed. E. ECOLOGY 401 CERTIFICATION: GENERAL CONDITIONS In addition to all the Corps National and Seattle Districts’ Regional permit conditions, the following State General Section 401 Water Quality Certification (Section 401) conditions apply to all Nationwide Permits whether certified or partially certified in the State of Washington. 1. For in-water construction activities. Ecology Section 401 review is required for projects or activities authorized under NWPs that will cause, or may be likely to cause or contribute to an exceedance of a State water quality standard (Chapter 173-201A WAC) or sediment management standard (Chapter 173-204 WAC). State water quality standards and sediment management standards are available on Ecology’s website. Note: In-water activities include any activity within a wetland and/or activities below the ordinary high water mark (OHWM). 2. Projects or Activities Discharging to Impaired Waters. Ecology Section 401 review is required for projects or activities authorized under NWPs if the project or activity will occur in a 303(d) listed segment of a waterbody or upstream of a listed segment and may result in further exceedances of the specific listed parameter. To determine if your project or activity is in a 303(d) listed segment of a waterbody, visit Ecology’s Water Quality Assessment webpage for maps and search tools. 3. Application. For projects or activities that will require Ecology Section 401 review, applicants must provide Ecology with a Joint Aquatic Resources Permit Application (JARPA) along with the documentation provided to the Corps, as described in National General Condition 32, Pre-Construction Notification, including, when applicable: (a) A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project would cause, best management practices (BMPs), and any other Department of the Army or federal agency permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Drawings indicating the Ordinary High Water Mark (OHWM), delineation of special aquatic sites and other waters of the state. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology’s Wetland Rating form. Wetland rating forms are subject to review and verification by Ecology staff. Guidance for determining the OHWM is available on Ecology’s website. (c) A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. See State General Condition 5 for details on mitigation requirements. (d) Other applicable requirements of Corps Nationwide Permit General Condition 32, Corps Regional Conditions, or notification conditions of the applicable NWP. (e) Within 180 calendar days from receipt of applicable documents noted above and a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program Ecology will provide the applicant notice of whether an individual Section 401 will be required for the project. If

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Ecology fails to act within a year after receipt of both of these documents, Section 401 is presumed waived. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique, difficult-to-replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. Ecology Section 401 review is required for activities in or affecting the following aquatic resources (and not prohibited by Seattle District Regional General Condition): (a) Wetlands with special characteristics (as defined in the Washington State Wetland Rating Systems for western and eastern Washington, Ecology Publications #14-06-029 and #14-06-030):

• Estuarine wetlands. • Wetlands of High Conservation Value. • Bogs. • Old-growth and mature forested wetlands. • Wetlands in coastal lagoons. • Interdunal wetlands. • Vernal pools. • Alkali wetlands. (b) Fens, aspen-dominated wetlands, camas prairie wetlands. (c) Marine water with eelgrass (Zostera

marina) beds (except for NWP 48). (d) Category I wetlands. (e) Category II wetlands with a habitat score ≥ 8 points. This State General Condition does not apply to the following Nationwide Permits: NWP 20 – Response Operations for Oil and Hazardous Substances, NWP 32 – Completed Enforcement Actions 5. Mitigation. Applicants are required to show that they have followed the mitigation sequence and have first avoided and minimized impacts to aquatic resources wherever practicable. For projects requiring Ecology Section 401 review with unavoidable impacts to aquatics resources, adequate compensatory mitigation must be provided.

(a) Wetland mitigation plans submitted for Ecology review and approval shall be based on the most current guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (available on Ecology’s website) and shall, at a minimum, include the following:

i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S.

ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded). iii. The rationale for the mitigation site that was selected. iv. The goals and objectives of the compensatory mitigation project. v. How the mitigation project will be accomplished, including construction sequencing, best

management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths.

vi. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term.

Refer to Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Ecology Publication #06-06-011b) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology Publications #09-06-032 (Western Washington) and #10-06-007 (Eastern Washington)) for guidance on selecting suitable mitigation sites and developing mitigation plans. Ecology encourages the use of alternative mitigation approaches, including credit/debit methodology, advance mitigation, and other programmatic approach such as mitigation banks and in-lieu fee programs. If you are interested in proposing use of an alternative mitigation approach, consult with the appropriate Ecology regional staff person. Information on alternative mitigation approaches is available on Ecology’s website.

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(b) Mitigation for other aquatic resource impacts will be determined on a case-by-case basis. 6. Temporary Fills. Ecology Section 401 review is required for any project or activity with temporary fill in wetlands or other waters of the state for more than 90 days, unless the applicant has received written approval from Ecology. Note: This State General Condition does not apply to projects or activities authorized under NWP 33, Temporary Construction, Access, and Dewatering 7. Stormwater pollution prevention: All projects that involve land disturbance or impervious surfaces must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters of the State.

(a) For land disturbances during construction, the applicant must obtain and implement permits (e.g., Construction Stormwater General Permit) where required and follow Ecology’s current stormwater manual.

(b) Following construction, prevention or treatment of on-going stormwater runoff from impervious surfaces shall be provided. Ecology’s Stormwater Management and Design Manuals and stormwater permit information are available on Ecology’s website. 8. State Section 401 Review for PCNs not receiving 45-day response from the Seattle District. In the event the Seattle District Corps does not issue a NWP authorization letter within 45 calendar days of receipt of a complete pre-construction notification, the applicant must contact Ecology for Section 401 review prior to commencing work. F. ECOLOGY 401 CERTIFICATION: SPECIFIC CONDITIONS FOR THIS NWP: Certified subject to conditions. Ecology Section 401 review is required for projects or activities authorized under this NWP if:

1. The project or activity involves fill in tidal waters.

2. The project or activity affects ½ acre or more of wetlands.

3. The project or activity is a mitigation bank or an advanced mitigation site.

The project or activity is in or adjoining a known contaminated or cleanup site. G. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: (Note: This is only applies in the following counties: Clallam, Grays Harbor, Island, Jefferson, King, Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, Wahkiakum and Whatcom) Response: Ecology concurs that this NWP is consistent with the CZMP, subject to the following condition: An individual Coastal Zone Management Consistency Determination is required for project or activities under this NWP if State Section 401 review is required. General Conditions: For Non-Federal Permittees 1. Necessary Data and Information. A Coastal Zone Management Program “Certification of Consistency” form is required for projects located within a coastal county. “Certification of Consistency” forms are available on Ecology’s website. The form shall include a description of the proposed project or activity and evidence of compliance with the applicable enforceable policies of the Washington Coastal Zone Management Program (CZMP). Also, a map of the site location is required.

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2. Timing. Within 6 months from receipt of the necessary data and information, Ecology will provide a federal consistency determination for the proposed project or activity. If Ecology fails to act within the 6 month period, concurrence with the CZMP is presumed. General Conditions: For Federal Permittees (Agencies) 1. Necessary Data and Information. Federal agencies shall submit the determination, information, and analysis required by 15 CFR 930.39 to obtain a federal consistency determination. 2. Timing. Within 60 days from receipt of the necessary data and information, Ecology will provide a federal consistency determination for the proposed project or activity. If Ecology fails to act within the 60 day period, concurrence with the CZMP is presumed.

US Army Corp of Engineers Nationwide Permit 33: NWS-2018-890

NATIONWIDE PERMIT 33

Terms and Conditions Effective Date: March 19, 2017

A. Description of Authorized Activities

B. U.S. Army Corps of Engineers (Corps) National General Conditions for all NWPs

C. Corps Seattle District Regional General Conditions

D. Corps Regional Specific Conditions for this NWP

E. Washington Department of Ecology (Ecology) Section 401 Water Quality Certification (401

Certification): General Conditions

F. Ecology 401 Certification: Specific Conditions for this NWP

G. Coastal Zone Management Consistency Response for this NWP

In addition to any special condition that may be required on a case-by-case basis by the District Engineer,

the following terms and conditions must be met, as applicable, for a Nationwide Permit (NWP)

authorization to be valid in Washington State.

A. DESCRIPTION OF AUTHORIZED ACTIVITIES

Temporary Construction, Access, and Dewatering. Temporary structures, work, and discharges, including

cofferdams, necessary for construction activities or access fills or dewatering of construction sites,

provided that the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast

Guard. This NWP also authorizes temporary structures, work, and discharges, including cofferdams,

necessary for construction activities not otherwise subject to the Corps or U.S. Coast Guard permit

requirements. Appropriate measures must be taken to maintain near normal downstream flows and to

minimize flooding. Fill must consist of materials, and be placed in a manner, that will not be eroded by

expected high flows. The use of dredged material may be allowed if the district engineer determines that

it will not cause more than minimal adverse environmental effects. Following completion of construction,

temporary fill must be entirely removed to an area that has no waters of the United States, dredged

material must be returned to its original location, and the affected areas must be restored to pre-

construction elevations. The affected areas must also be revegetated, as appropriate. This permit does not

authorize the use of cofferdams to dewater wetlands or other aquatic areas to change their use. Structures

left in place after construction is completed require a separate section 10 permit if located in navigable

waters of the United States. (See 33 CFR part 322.) Notification: The permittee must submit a pre-

construction notification to the district engineer prior to commencing the activity if the activity is

conducted in navigable waters of the United States (i.e., section 10 waters) (see general condition 32).

The pre-construction notification must include a restoration plan showing how all temporary fills and

structures will be removed and the area restored to pre-project conditions. (Authorities: Sections 10 and

404)

B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs

To qualify for NWP authorization, the prospective permittee must comply with the following general

conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division

engineer or district engineer. Every person who may wish to obtain permit authorization under one or

more NWPs, or who is currently relying on an existing or prior permit authorization under one or more

NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every

NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation

of any NWP authorization.

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1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any

safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be

installed and maintained at the permittee's expense on authorized facilities in navigable waters of the

United States. (c) The permittee understands and agrees that, if future operations by the United States

require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the

opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause

unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required,

upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or

obstructions caused thereby, without expense to the United States. No claim shall be made against the

United States on account of any such removal or alteration.

2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of

those species of aquatic life indigenous to the waterbody, including those species that normally migrate

through the area, unless the activity's primary purpose is to impound water. All permanent and temporary

crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to

maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be

used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life

movements.

3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the

maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation,

fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.

4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas

for migratory birds must be avoided to the maximum extent practicable.

5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity

is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding

or habitat restoration activity authorized by NWP 27.

6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.).

Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see

section 307 of the Clean Water Act).

7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except

where the activity is for the repair or improvement of public water supply intake structures or adjacent

bank stabilization.

8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects

to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be

minimized to the maximum extent practicable.

9. Management of Water Flows. To the maximum extent practicable, the pre-construction course,

condition, capacity, and location of open waters must be maintained for each activity, including stream

channelization, storm water management activities, and temporary and permanent road crossings, except

as provided below. The activity must be constructed to withstand expected high flows. The activity must

not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to

impound water or manage high flows. The activity may alter the pre-construction course, condition,

capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or

relocation activities).

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10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state

or local floodplain management requirements.

11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other

measures must be taken to minimize soil disturbance.

12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and

maintained in effective operating condition during construction, and all exposed soil and other fills, as

well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at

the earliest practicable date. Permittees are encouraged to perform work within waters of the United

States during periods of low-flow or no-flow, or during low tides.

13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas

returned to pre-construction elevations. The affected areas must be revegetated, as appropriate.

14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including

maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as

any activity-specific conditions added by the district engineer to an NWP authorization.

15. Single and Complete Project. The activity must be a single and complete project. The same NWP

cannot be used more than once for the same single and complete project.

16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and

Scenic River System, or in a river officially designated by Congress as a “study river” for possible

inclusion in the system while the river is in an official study status, unless the appropriate Federal agency

with direct management responsibility for such river, has determined in writing that the proposed activity

will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP

activity will occur in a component of the National Wild and Scenic River System, or in a river officially

designated by Congress as a “study river” for possible inclusion in the system while the river is in an

official study status, the permittee must submit a pre-construction notification (see general condition 32).

The district engineer will coordinate the PCN with the Federal agency with direct management

responsibility for that river. The permittee shall not begin the NWP activity until notified by the district

engineer that the Federal agency with direct management responsibility for that river has determined in

writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or

study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal

land management agency responsible for the designated Wild and Scenic River or study river (e.g.,

National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife

Service). Information on these rivers is also available at: http://www.rivers.gov/.

17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights

(including treaty rights), protected tribal resources, or tribal lands.

18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or

indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed

for such designation, as identified under the Federal Endangered Species Act (ESA), or which will

directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is

authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7

consultation addressing the effects of the proposed activity has been completed. Direct effects are the

immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are

those effects on listed species and critical habitat that are caused by the NWP activity and are later in

time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for

complying with the requirements of the ESA. If pre-construction notification is required for the proposed

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activity, the Federal permittee must provide the district engineer with the appropriate documentation to

demonstrate compliance with those requirements. The district engineer will verify that the appropriate

documentation has been submitted. If the appropriate documentation has not been submitted, additional

ESA section 7 consultation may be necessary for the activity and the respective federal agency would be

responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must

submit a pre-construction notification to the district engineer if any listed species or designated critical

habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated

critical habitat, and shall not begin work on the activity until notified by the district engineer that the

requirements of the ESA have been satisfied and that the activity is authorized. For activities that might

affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction

notification must include the name(s) of the endangered or threatened species that might be affected by

the proposed activity or that utilize the designated critical habitat that might be affected by the proposed

activity. The district engineer will determine whether the proposed activity “may affect” or will have “no

effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the

Corps’ determination within 45 days of receipt of a complete pre-construction notification. In cases where

the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the

vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps

has provided notification that the proposed activity will have “no effect” on listed species or critical

habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not

heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add

species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not

authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of

separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take”

provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to

the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue,

hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word

“harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may

include significant habitat modification or degradation where it actually kills or injures wildlife by

significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an

approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP

activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the

PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the

agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity

and the associated incidental take were considered in the internal ESA section 7 consultation conducted

for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that

the proposed NWP activity and the associated incidental take were considered in the internal ESA section

7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a

separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the

non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the

ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7

consultation is required. (g) Information on the location of threatened and endangered species and their

critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web

pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/

respectively.

19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action

complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The

permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to

determine applicable measures to reduce impacts to migratory birds or eagles, including whether

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“incidental take” permits are necessary and available under the Migratory Bird Treaty Act or Bald and

Golden Eagle Protection Act for a particular activity.

20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the

potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic

Places, the activity is not authorized, until the requirements of Section 106 of the National Historic

Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures

for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-

construction notification is required for the proposed NWP activity, the Federal permittee must provide

the district engineer with the appropriate documentation to demonstrate compliance with those

requirements. The district engineer will verify that the appropriate documentation has been submitted. If

the appropriate documentation is not submitted, then additional consultation under section 106 may be

necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section

106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the

NWP activity might have the potential to cause effects to any historic properties listed on, determined to

be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places,

including previously unidentified properties. For such activities, the pre-construction notification must

state which historic properties might have the potential to be affected by the proposed NWP activity or

include a vicinity map indicating the location of the historic properties or the potential for the presence of

historic properties. Assistance regarding information on the location of, or potential for, the presence of

historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation

Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places

(see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply

with the current procedures for addressing the requirements of section 106 of the National Historic

Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out

appropriate identification efforts, which may include background research, consultation, oral history

interviews, sample field investigation, and field survey. Based on the information submitted in the PCN

and these identification efforts, the district engineer shall determine whether the proposed NWP activity

has the potential to cause effects on the historic properties. Section 106 consultation is not required when

the district engineer determines that the activity does not have the potential to cause effects on historic

properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer

determines that the activity has the potential to cause effects on historic properties. The district engineer

will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes

any of the following effect determinations for the purposes of section 106 of the NHPA: no historic

properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified

historic properties on which the activity might have the potential to cause effects and so notified the

Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either

that the activity has no potential to cause effects to historic properties or that NHPA section 106

consultation has been completed. (d) For non-federal permittees, the district engineer will notify the

prospective permittee within 45 days of receipt of a complete pre-construction notification whether

NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district

engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106

consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days,

the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware

that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other

assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has

intentionally significantly adversely affected a historic property to which the permit would relate, or

having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after

consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances

justify granting such assistance despite the adverse effect created or permitted by the applicant. If

circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide

documentation specifying the circumstances, the degree of damage to the integrity of any historic

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properties affected, and proposed mitigation. This documentation must include any views obtained from

the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic

properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a

legitimate interest in the impacts to the permitted activity on historic properties.

21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown

historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this

permit, you must immediately notify the district engineer of what you have found, and to the maximum

extent practicable, avoid construction activities that may affect the remains and artifacts until the required

coordination has been completed. The district engineer will initiate the Federal, Tribal, and state

coordination required to determine if the items or remains warrant a recovery effort or if the site is

eligible for listing in the National Register of Historic Places.

22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine

sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may

designate, after notice and opportunity for public comment, additional waters officially designated by a

state as having particular environmental or ecological significance, such as outstanding national resource

waters or state natural heritage sites. The district engineer may also designate additional critical resource

waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into

waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43,

44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including

wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36,

37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed

in the designated critical resource waters including wetlands adjacent to those waters. The district

engineer may authorize activities under these NWPs only after it is determined that the impacts to the

critical resource waters will be no more than minimal.

23. Mitigation. The district engineer will consider the following factors when determining appropriate and

practicable mitigation necessary to ensure that the individual and cumulative adverse environmental

effects are no more than minimal: (a) The activity must be designed and constructed to avoid and

minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum

extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing,

rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to

ensure that the individual and cumulative adverse environmental effects are no more than minimal.

(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that

exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in

writing that either some other form of mitigation would be more environmentally appropriate or the

adverse environmental effects of the proposed activity are no more than minimal, and provides an

activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-

construction notification, the district engineer may determine on a case-by-case basis that compensatory

mitigation is required to ensure that the activity results in only minimal adverse environmental effects.

(d) For losses of streams or other open waters that require pre-construction notification, the district

engineer may require compensatory mitigation to ensure that the activity results in no more than minimal

adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if

practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-

replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or

near streams or other open waters will normally include a requirement for the restoration or enhancement,

maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In

some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory

mitigation required. Restored riparian areas should consist of native species. The width of the required

riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the

riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require

7

slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not

possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a

lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or

shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district

engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands

compensation) based on what is best for the aquatic environment on a watershed basis. In cases where

riparian areas are determined to be the most appropriate form of minimization or compensatory

mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory

mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic

resources must comply with the applicable provisions of 33 CFR part 332.

(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation

option if compensatory mitigation is necessary to ensure that the activity results in no more than

minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing

compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR

332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits

are not available at the time the PCN is submitted to the district engineer, the district engineer may

approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation

required by the district engineer must be sufficient to ensure that the authorized activity results in no

more than minimal individual and cumulative adverse environmental effects (see 33 CFR

330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the

impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first

compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee-

responsible mitigation is the proposed option, the prospective permittee is responsible for submitting

a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to

make the decision on the NWP verification request, but a final mitigation plan that addresses the

applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer

before the permittee begins work in waters of the United States, unless the district engineer

determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure

timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If

mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs

to address the baseline conditions at the impact site and the number of credits to be provided. (6)

Compensatory mitigation requirements (e.g., resource type and amount to be provided as

compensatory mitigation, site protection, ecological performance standards, monitoring requirements)

may be addressed through conditions added to the NWP authorization, instead of components of a

compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).

(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits

of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any

NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if

compensatory mitigation is provided that replaces or restores some of the lost waters. However,

compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already

meeting the established acreage limits also satisfies the no more than minimal impact requirement for the

NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-

responsible mitigation. When developing a compensatory mitigation proposal, the permittee must

consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For

activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be

environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have

marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible

mitigation, the special conditions of the NWP verification must clearly indicate the party or parties

responsible for the implementation and performance of the compensatory mitigation project, and, if

required, its long-term management. (i) Where certain functions and services of waters of the United

8

States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill

material into waters of the United States that will convert a forested or scrub-shrub wetland to a

herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to

reduce the adverse environmental effects of the activity to the no more than minimal level.

24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed,

the district engineer may require non-Federal applicants to demonstrate that the structures comply with

established state dam safety criteria or have been designed by qualified persons. The district engineer may

also require documentation that the design has been independently reviewed by similarly qualified

persons, and appropriate modifications made to ensure safety.

25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously

certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must

be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require

additional water quality management measures to ensure that the authorized activity does not result in

more than minimal degradation of water quality.

26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal

zone management consistency concurrence, an individual state coastal zone management consistency

concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The

district engineer or a State may require additional measures to ensure that the authorized activity is

consistent with state coastal zone management requirements.

27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that

may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific

conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality

Certification, or by the state in its Coastal Zone Management Act consistency determination.

28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete

project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs

does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a

road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization

authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project

cannot exceed 1/3-acre.

29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a

nationwide permit verification, the permittee may transfer the nationwide permit verification to the new

owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the

nationwide permit verification must be attached to the letter, and the letter must contain the following

statement and signature: “When the structures or work authorized by this nationwide permit are still in

existence at the time the property is transferred, the terms and conditions of this nationwide permit,

including any special conditions, will continue to be binding on the new owner(s) of the property. To

validate the transfer of this nationwide permit and the associated liabilities associated with compliance

with its terms and conditions, have the transferee sign and date below.”

_____________________________________________

(Transferee)

_____________________________________________

(Date)

30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps

must provide a signed certification documenting completion of the authorized activity and

implementation of any required compensatory mitigation. The success of any required permittee-

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responsible mitigation, including the achievement of ecological performance standards, will be addressed

separately by the district engineer. The Corps will provide the permittee the certification document with

the NWP verification letter. The certification document will include: (a) A statement that the authorized

activity was done in accordance with the NWP authorization, including any general, regional, or activity-

specific conditions; (b) A statement that the implementation of any required compensatory mitigation was

completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee

program are used to satisfy the compensatory mitigation requirements, the certification must include the

documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate

number and resource type of credits; and (c) The signature of the permittee certifying the completion of

the activity and mitigation. The completed certification document must be submitted to the district

engineer within 30 days of completion of the authorized activity or the implementation of any required

compensatory mitigation, whichever occurs later.

31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires

permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently

occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a

“USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph

(b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by

NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the

USACE project, and the district engineer issues a written NWP verification.

32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective

permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as

possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date

of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30

day period to request the additional information necessary to make the PCN complete. The request must

specify the information needed to make the PCN complete. As a general rule, district engineers will

request additional information necessary to make the PCN complete only once. However, if the

prospective permittee does not provide all of the requested information, then the district engineer will

notify the prospective permittee that the PCN is still incomplete and the PCN review process will not

commence until all of the requested information has been received by the district engineer. The

prospective permittee shall not begin the activity until either:

(1) He or she is notified in writing by the district engineer that the activity may proceed under the

NWP with any special conditions imposed by the district or division engineer; or

(2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the

prospective permittee has not received written notice from the district or division engineer. However, if

the permittee was required to notify the Corps pursuant to general condition 18 that listed species or

critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to

general condition 20 that the activity might have the potential to cause effects to historic properties, the

permittee cannot begin the activity until receiving written notification from the Corps that there is “no

effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation

required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the

National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin

under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the

proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not

begin the activity until the district engineer issues the waiver. If the district or division engineer notifies

the permittee in writing that an individual permit is required within 45 calendar days of receipt of a

complete PCN, the permittee cannot begin the activity until an individual permit has been obtained.

Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked

only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).

(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following

information:

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(1) Name, address and telephone numbers of the prospective permittee;

(2) Location of the proposed activity;

(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize

the proposed activity;

(4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse

environmental effects the activity would cause, including the anticipated amount of loss of wetlands,

other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear

feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended

to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s),

regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of

the proposed project or any related activity, including other separate and distant crossings for linear

projects that require Department of the Army authorization but do not require pre-construction

notification. The description of the proposed activity and any proposed mitigation measures should be

sufficiently detailed to allow the district engineer to determine that the adverse environmental effects

of the activity will be no more than minimal and to determine the need for compensatory mitigation

or other mitigation measures. For single and complete linear projects, the PCN must include the

quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single

and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches

should be provided when necessary to show that the activity complies with the terms of the NWP.

(Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should

contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a

conceptual plan), but do not need to be detailed engineering plans);

(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other

waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project

site. Wetland delineations must be prepared in accordance with the current method required by the

Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the

project site, but there may be a delay if the Corps does the delineation, especially if the project site is

large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45

day period will not start until the delineation has been submitted to or completed by the Corps, as

appropriate;

(6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a

PCN is required, the prospective permittee must submit a statement describing how the mitigation

requirement will be satisfied, or explaining why the adverse environmental effects are no more than

minimal and why compensatory mitigation should not be required. As an alternative, the prospective

permittee may submit a conceptual or detailed mitigation plan.

(7) For non-Federal permittees, if any listed species or designated critical habitat might be

affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat,

the PCN must include the name(s) of those endangered or threatened species that might be affected

by the proposed activity or utilize the designated critical habitat that might be affected by the

proposed activity. For NWP activities that require pre-construction notification, Federal permittees

must provide documentation demonstrating compliance with the Endangered Species Act;

(8) For non-Federal permittees, if the NWP activity might have the potential to cause effects

to a historic property listed on, determined to be eligible for listing on, or potentially eligible for

listing on, the National Register of Historic Places, the PCN must state which historic property might

have the potential to be affected by the proposed activity or include a vicinity map indicating the

location of the historic property. For NWP activities that require pre-construction notification, Federal

permittees must provide documentation demonstrating compliance with section 106 of the National

Historic Preservation Act;

(9) For an activity that will occur in a component of the National Wild and Scenic River

System, or in a river officially designated by Congress as a “study river” for possible inclusion in the

system while the river is in an official study status, the PCN must identify the Wild and Scenic River

or the “study river” (see general condition 16); and

11

(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408

because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers

federally authorized civil works project, the pre-construction notification must include a statement

confirming that the project proponent has submitted a written request for section 408 permission from

the Corps office having jurisdiction over that USACE project.

(c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG

4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and

must include all of the applicable information required in paragraphs (b)(1) through (10) of this general

condition. A letter containing the required information may also be used. Applicants may provide

electronic files of PCNs and supporting materials if the district engineer has established tools and

procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any

comments from Federal and state agencies concerning the proposed activity’s compliance with the terms

and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental

effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP

activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters

of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-

construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP

13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve

discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of

500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal

waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the

district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or

other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS,

state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception

of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify

the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide

substantive, site-specific comments. The comments must explain why the agency believes the adverse

environmental effects will be more than minimal. If so contacted by an agency, the district engineer will

wait an additional 15 calendar days before making a decision on the pre-construction notification. The

district engineer will fully consider agency comments received within the specified time frame

concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the

need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more

than minimal. The district engineer will provide no response to the resource agency, except as provided

below. The district engineer will indicate in the administrative record associated with each pre-

construction notification that the resource agencies’ concerns were considered. For NWP 37, the

emergency watershed protection and rehabilitation activity may proceed immediately in cases where there

is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The

district engineer will consider any comments received to decide whether the NWP 37 authorization

should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.

(4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a

response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation

recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation

and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or

multiple copies of pre-construction notifications to expedite agency coordination.

District Engineer’s Decision: 1. In reviewing the PCN for the proposed activity, the district engineer will

determine whether the activity authorized by the NWP will result in more than minimal individual or

cumulative adverse environmental effects or may be contrary to the public interest. If a project

proponent requests authorization by a specific NWP, the district engineer should issue the NWP

verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines,

after considering mitigation, that the proposed activity will result in more than minimal individual and

cumulative adverse effects on the aquatic environment and other aspects of the public interest and

12

exercises discretionary authority to require an individual permit for the proposed activity. For a linear

project, this determination will include an evaluation of the individual crossings of waters of the United

States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as

the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver

of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in

NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver

upon a written determination that the NWP activity will result in only minimal individual and cumulative

adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of

intermittent and ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51,

and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters

and wetlands, cannot exceed 1/2-acre. 2. When making minimal adverse environmental effects

determinations the district engineer will consider the direct and indirect effects caused by the NWP

activity. He or she will also consider the cumulative adverse environmental effects caused by activities

authorized by NWP and whether those cumulative adverse environmental effects are no more than

minimal. The district engineer will also consider site specific factors, such as the environmental setting in

the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the

functions provided by the aquatic resources that will be affected by the NWP activity, the degree or

magnitude to which the aquatic resources perform those functions, the extent that aquatic resource

functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the

adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region

(e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate

functional or condition assessment method is available and practicable to use, that assessment method

may be used by the district engineer to assist in the minimal adverse environmental effects determination.

The district engineer may add case-specific special conditions to the NWP authorization to address site-

specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of

greater than 1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the

PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or

for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed

compensatory mitigation or other mitigation measures the applicant has included in the proposal in

determining whether the net adverse environmental effects of the proposed activity are no more than

minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district

engineer determines that the activity complies with the terms and conditions of the NWP and that the

adverse environmental effects are no more than minimal, after considering mitigation, the district

engineer will notify the permittee and include any activity-specific conditions in the NWP verification the

district engineer deems necessary. Conditions for compensatory mitigation requirements must comply

with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final

mitigation plan before the permittee commences work in waters of the United States, unless the district

engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to

ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to

submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the

proposed compensatory mitigation plan. The district engineer must review the proposed compensatory

mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed

mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects.

If the net adverse environmental effects of the NWP activity (after consideration of the mitigation

proposal) are determined by the district engineer to be no more than minimal, the district engineer will

provide a timely written response to the applicant. The response will state that the NWP activity can

proceed under the terms and conditions of the NWP, including any activity-specific conditions added to

the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse

environmental effects of the proposed activity are more than minimal, then the district engineer will

notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and

instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the

activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would

13

reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is

authorized under the NWP with specific modifications or conditions. Where the district engineer

determines that mitigation is required to ensure no more than minimal adverse environmental effects, the

activity will be authorized within the 45-day PCN period (unless additional time is required to comply

with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49,

and 50), with activity-specific conditions that state the mitigation requirements. The authorization will

include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a

mitigation plan that would reduce the adverse environmental effects so that they are no more than

minimal. When compensatory mitigation is required, no work in waters of the United States may occur

until the district engineer has approved a specific mitigation plan or has determined that prior approval of

a final mitigation plan is not practicable or not necessary to ensure timely completion of the required

compensatory mitigation.

Further Information: 1. District Engineers have authority to determine if an activity complies with the

terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local

permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or

exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do

not authorize interference with any existing or proposed Federal project (see general condition 31).

C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions

apply to all NWPs for the Seattle District in Washington State, unless specified.

1. Project Drawings: Drawings must be submitted with pre-construction notification (PCN). Drawings

must provide a clear understanding of the proposed project, and how waters of the U.S. will be affected.

Drawings must be originals and not reduced copies of large-scale plans. Engineering drawings are not

required. Existing and proposed site conditions (manmade and landscape features) must be drawn to

scale.

2. Aquatic Resources Requiring Special Protection: Activities resulting in a loss of waters of the

United States in mature forested wetlands, bogs and peatlands, aspen-dominated wetlands, alkali

wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, wetlands in coastal lagoons, and

wetlands in dunal systems along the Washington coast cannot be authorized by a NWP, except by the

following NWPs:

NWP 3 – Maintenance

NWP 20 – Response Operations for Oil and Hazardous Substances

NWP 32 – Completed Enforcement Actions

NWP 38 – Cleanup of Hazardous and Toxic Waste

In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special

protection, prospective permittees must submit a PCN to the Corps of Engineers (see NWP general

condition 32) and obtain written authorization before commencing work.

3. New Bank Stabilization in Tidal Waters of Puget Sound: Activities involving new bank

stabilization in tidal waters in Water Resource Inventory Areas (WRIAs)

8, 9, 10, 11 and 12 (within the areas identified on Figures 1a through 1e on Corps website) cannot be

authorized by NWP.

4. Commencement Bay: The following NWPs may not be used to authorize activities located in the

Commencement Bay Study Area (see Figure 2 on Corps website):

NWP 12 – Utility Line Activities (substations)

NWP 13 – Bank Stabilization

NWP 14 – Linear Transportation Projects

NWP 23 – Approved Categorical Exclusions

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NWP 29 – Residential Developments

NWP 39 – Commercial and Institutional Developments

NWP 40 – Agricultural Activities

NWP 41 – Reshaping Existing Drainage Ditches

NWP 42 – Recreational Facilities

NWP 43 – Stormwater and Wastewater Management Facilities

5. Bank Stabilization: All projects including new or maintenance bank stabilization activities require

PCN to the Corps of Engineers (see NWP general condition 32). For new bank stabilization projects only,

the following must be submitted to the Corps of Engineers:

a. The cause of the erosion and the distance of any existing structures from the area(s) being

stabilized.

b. The type and length of existing bank stabilization within 300 feet of the proposed project.

c. A description of current conditions and expected post-project conditions in the waterbody.

d. A statement describing how the project incorporates elements avoiding and minimizing adverse

environmental effects to the aquatic environment and nearshore riparian area, including vegetation

impacts in the waterbody.

In addition to a. through d., the results from any relevant geotechnical investigations can be submitted

with the PCN if it describes current or expected conditions in the waterbody.

6. Crossings of Waters of the United States: Any project including installing, replacing, or modifying

crossings of waters of the United States, such as culverts or bridges, requires submittal of a PCN to the

Corps of Engineers (see NWP general condition 32). If a culvert is proposed to cross waters of the U.S.

where salmonid species are present or could be present, the project must apply the stream simulation

design method from the Washington Department of Fish and Wildlife located in the Water Crossing

Design Guidelines (2013), or a design method which provides passage at all life stages at all flows where

the salmonid species would naturally seek passage. If the stream simulation design method is not applied

for a culvert where salmonid species are present or could be present, the project proponent must provide a

rationale in the PCN sufficient to establish one of the following:

a. The existence of extraordinary site conditions.

b. How the proposed design will provide equivalent or better fish passage and fisheries habitat

benefits than the stream simulation design method.

If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present,

project proponents must provide a monitoring plan with the PCN that specifies how the proposed culvert

will be assessed over a five-year period from the time of construction completion to ensure its

effectiveness in providing passage at all life stages at all flows where the salmonid species would

naturally seek passage. Culverts installed under emergency authorization that do not meet the above

design criteria will be required to meet the above design criteria to receive an after-the-fact nationwide

permit verification.

7. Stream Loss: A PCN is required for all activities that result in the loss of any linear feet of stream

beds. No activity shall result in the loss of any linear feet of perennial stream beds or the loss of greater

than 300 linear feet of intermittent and/or ephemeral stream beds. A stream may be rerouted if it is

designed in a manner that maintains or restores hydrologic, ecologic, and geomorphic stream processes,

provided there is not a reduction in the linear feet of stream bed. Streams include brooks, creeks, rivers,

and historical waters of the U.S. that have been channelized into ditches. This condition does not apply to

ditches constructed in uplands. Stream loss restrictions may be waived by the district engineer on a case-

by-case basis provided the activities result in net increases of aquatic resource functions and services.

8. Mitigation: Pre-construction notification is required for any project that will result in permanent

wetland losses that exceed 1,000 square feet. In addition to the requirements of General Condition 23

(Mitigation), compensatory mitigation at a minimum one-to-one ratio will be required for all permanent

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wetland losses that exceed 1,000 square feet. When a PCN is required for wetland losses less than 1,000

square feet, the Corps of Engineers may determine on a case-by-case basis that compensatory mitigation

is required to ensure that the activity results in minimal adverse effects on the aquatic environment.

Compensatory mitigation for impacts to marine waters, lakes, and streams will be determined on a case-

by-case basis. If temporary impacts to waters of the U.S. exceed six months, the Corps of Engineers may

require compensatory mitigation for temporal effects.

9. Magnuson-Stevens Fishery Conservation and Management Act – Essential Fish Habitat

Essential Fish Habitat (EFH) is defined as those waters and substrate necessary to fish for spawning,

breeding, feeding, or growth to maturity. If EFH may be adversely affected by a proposed activity, the

prospective permittee must provide a written EFH assessment with an analysis of the effects of the

proposed action on EFH. The assessment must identify the type(s) of essential fish habitat (i.e., Pacific

salmon, groundfish, and/or coastal-pelagic species) that may be affected. If the Corps of Engineers

determines the project will adversely affect EFH, consultation with NOAA Fisheries will be required.

Federal agencies should follow their own procedures for complying with the requirements of the

Magnuson-Stevens Fishery Conservation and Management Act. If PCN is required for the proposed

activity, Federal permittees must provide the district engineer with the appropriate documentation to

demonstrate compliance with those requirements.

10. Forage Fish: For projects in forage fish spawning habitat, in-water work must occur within

designated forage fish work windows, or when forage fish are not spawning. If working outside of a

designated work window, or if forage fish work windows are closed year round, work may occur if the

work window restriction is released for a period of time after a forage fish spawning survey has been

conducted by a biologist approved by the Washington State Department of Fish and Wildlife (WDFW).

Forage fish species with designated in-water work windows include Pacific sand lance (Ammodytes

hexapterus), Pacific herring (Clupea pallasi), and surf smelt (Hypomesus pretiosus). This RGC does not

apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions

for NWP 48.

11. Notification of Permit Requirements: The permittee must provide a copy of the nationwide permit

authorization letter, conditions, and permit drawings to all contractors and any other parties performing

the authorized work prior to the commencement of any work in waters of the U.S. The permittee must

ensure all appropriate contractors and any other parties performing the authorized work at the project site

have read and understand relevant NWP conditions as well as plans, approvals, and documents referenced

in the NWP letter. A copy of these documents must be maintained onsite throughout the duration of

construction.

12. Construction Boundaries: Permittees must clearly mark all construction area boundaries before

beginning work on projects that involve grading or placement of fill. Boundary markers and/or

construction fencing must be maintained and clearly visible for the duration of construction. Permittees

should avoid and minimize removal of native vegetation (including submerged aquatic vegetation) to the

maximum extent possible.

13. Temporary Impacts and Site Restoration

a. Temporary impacts to waters of the U.S. must not exceed six months unless the prospective permittee

requests and receives a waiver by the district engineer. Temporary impacts to waters of the U.S. must

be identified in the PCN.

b. No more than 1/2 acre of waters of the U.S. may be temporarily filled unless the prospective permittee

requests and receives a waiver from the district engineer (temporary fills do not affect specified limits

for loss of waters associated with specific nationwide permits).

c. Native soils removed from waters of the U.S. for project construction should be stockpiled and used

for site restoration. Restoration of temporarily disturbed areas must include returning the area to pre-

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project ground surface contours. If native soil is not available from the project site for restoration,

suitable clean soil of the same textural class may be used. Other soils may be used only if identified in

the PCN.

d. The permittee must revegetate disturbed areas with native plant species sufficient in number, spacing,

and diversity to restore affected functions. A maintenance and monitoring plan commensurate with

the impacts, may be required. Revegetation must begin as soon as site conditions allow within the

same growing season as the disturbance unless the schedule is approved by the Corps of Engineers.

Native plants removed from waters of the U.S. for project construction should be stockpiled and used

for revegetation when feasible. Temporary Erosion and Sediment Control measures must be removed

as soon as the area has established vegetation sufficient to control erosion and sediment.

e. If the Corps determines the project will result in temporary impacts of submerged aquatic vegetation

(SAV) that are more than minimal, a monitoring plan must be submitted. If recovery is not achieved

by the end of the monitoring period, contingencies must be implemented, and additional monitoring

will be required.

This RGC does not apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific

regional conditions for NWP 48.

D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP:

1. A pre-construction notification must be submitted to the district engineer prior to commencing the

activity (see NWP general condition 32).

E. ECOLOGY 401 CERTIFICATION: GENERAL CONDITIONS

In addition to all the Corps National and Seattle Districts’ Regional permit conditions, the following State

General Section 401 Water Quality Certification (Section 401) conditions apply to all Nationwide Permits

whether certified or partially certified in the State of Washington.

1. For in-water construction activities. Ecology Section 401 review is required for projects or

activities authorized under NWPs that will cause, or may be likely to cause or contribute to an exceedance

of a State water quality standard (Chapter 173-201A WAC) or sediment management standard (Chapter

173-204 WAC). State water quality standards and sediment management standards are available on

Ecology’s website. Note: In-water activities include any activity within a wetland and/or activities below

the ordinary high water mark (OHWM).

2. Projects or Activities Discharging to Impaired Waters. Ecology Section 401 review is required for

projects or activities authorized under NWPs if the project or activity will occur in a 303(d) listed

segment of a waterbody or upstream of a listed segment and may result in further exceedances of the

specific listed parameter. To determine if your project or activity is in a 303(d) listed segment of a

waterbody, visit Ecology’s Water Quality Assessment webpage for maps and search tools.

3. Application. For projects or activities that will require Ecology Section 401 review, applicants must

provide Ecology with a Joint Aquatic Resources Permit Application (JARPA) along with the

documentation provided to the Corps, as described in National General Condition 32, Pre-Construction

Notification, including, when applicable: (a) A description of the project, including site plans, project

purpose, direct and indirect adverse environmental effects the project would cause, best management

practices (BMPs), and any other Department of the Army or federal agency permits used or intended to be

used to authorize any part of the proposed project or any related activity. (b) Drawings indicating the

Ordinary High Water Mark (OHWM), delineation of special aquatic sites and other waters of the state.

Wetland delineations must be prepared in accordance with the current method required by the Corps and

shall include Ecology’s Wetland Rating form. Wetland rating forms are subject to review and verification

by Ecology staff. Guidance for determining the OHWM is available on Ecology’s website. (c) A

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statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation

or restoration plan may be submitted. See State General Condition 5 for details on mitigation

requirements. (d) Other applicable requirements of Corps Nationwide Permit General Condition 32,

Corps Regional Conditions, or notification conditions of the applicable NWP. (e) Within 180 calendar

days from receipt of applicable documents noted above and a copy of the final authorization letter from

the Corps providing coverage for a proposed project or activity under the NWP Program Ecology will

provide the applicant notice of whether an individual Section 401 will be required for the project. If

Ecology fails to act within a year after receipt of both of these documents, Section 401 is presumed

waived.

4. Aquatic resources requiring special protection. Certain aquatic resources are unique, difficult-to-

replace components of the aquatic environment in Washington State. Activities that would affect these

resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high

value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some

landscape settings. Ecology Section 401 review is required for activities in or affecting the following

aquatic resources (and not prohibited by Seattle District Regional General Condition): (a) Wetlands with

special characteristics (as defined in the Washington State Wetland Rating Systems for western and

eastern Washington, Ecology Publications #14-06-029 and #14-06-030):

Estuarine wetlands.

Wetlands of High Conservation Value.

Bogs.

Old-growth and mature forested wetlands.

Wetlands in coastal lagoons.

Interdunal wetlands.

Vernal pools.

Alkali wetlands.

(b) Fens, aspen-dominated wetlands, camas prairie wetlands. (c) Marine water with eelgrass (Zostera

marina) beds (except for NWP 48). (d) Category I wetlands. (e) Category II wetlands with a habitat score

≥ 8 points. This State General Condition does not apply to the following Nationwide Permits:

NWP 20 – Response Operations for Oil and Hazardous Substances, NWP 32 – Completed Enforcement

Actions

5. Mitigation. Applicants are required to show that they have followed the mitigation sequence and

have first avoided and minimized impacts to aquatic resources wherever practicable. For projects

requiring Ecology Section 401 review with unavoidable impacts to aquatics resources, adequate

compensatory mitigation must be provided.

(a) Wetland mitigation plans submitted for Ecology review and approval shall be based on the most

current guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (available on

Ecology’s website) and shall, at a minimum, include the following:

i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of

the U.S.

ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded).

iii. The rationale for the mitigation site that was selected.

iv. The goals and objectives of the compensatory mitigation project.

v. How the mitigation project will be accomplished, including construction sequencing, best

management practices to protect water quality, proposed performance standards for measuring success

and the proposed buffer widths.

vi. How it will be maintained and monitored to assess progress towards goals and objectives.

Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub

wetlands, 10 years of monitoring will often be necessary.

vii. How the compensatory mitigation site will be legally protected for the long term.

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Refer to Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Ecology

Publication #06-06-011b) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology

Publications #09-06-032 (Western Washington) and #10-06-007 (Eastern Washington)) for guidance on

selecting suitable mitigation sites and developing mitigation plans. Ecology encourages the use of

alternative mitigation approaches, including credit/debit methodology, advance mitigation, and other

programmatic approach such as mitigation banks and in-lieu fee programs. If you are interested in

proposing use of an alternative mitigation approach, consult with the appropriate Ecology regional staff

person. Information on alternative mitigation approaches is available on Ecology’s website.

(b) Mitigation for other aquatic resource impacts will be determined on a case-by-case basis.

6. Temporary Fills. Ecology Section 401 review is required for any project or activity with temporary

fill in wetlands or other waters of the state for more than 90 days, unless the applicant has received

written approval from Ecology. Note: This State General Condition does not apply to projects or activities

authorized under NWP 33, Temporary Construction, Access, and Dewatering

7. Stormwater pollution prevention: All projects that involve land disturbance or impervious surfaces

must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in

stormwater runoff to waters of the State.

(a) For land disturbances during construction, the applicant must obtain and implement permits (e.g.,

Construction Stormwater General Permit) where required and follow Ecology’s current stormwater

manual.

(b) Following construction, prevention or treatment of on-going stormwater runoff from impervious

surfaces shall be provided.

Ecology’s Stormwater Management and Design Manuals and stormwater permit information are available

on Ecology’s website.

8. State Section 401 Review for PCNs not receiving 45-day response from the Seattle District. In the

event the Seattle District Corps does not issue a NWP authorization letter within 45 calendar days of

receipt of a complete pre-construction notification, the applicant must contact Ecology for Section 401

review prior to commencing work.

F. ECOLOGY 401 CERTIFICATION: SPECIFIC CONDITIONS FOR THIS NWP:

Certified subject to conditions. Ecology Section 401 review is required for projects or activities

authorized under this NWP if:

1. Temporary fills are placed in more than ½ acre of waters of the state and left in place for more than

90 days.

2. Temporary fills are left in place for longer than six months.

G. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP:

(Note: This is only applies in the following counties: Clallam, Grays Harbor, Island, Jefferson, King,

Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, Wahkiakum and Whatcom)

Response: Ecology concurs that this NWP is consistent with the CZMP, subject to the following

condition: An individual Coastal Zone Management Consistency Determination is required for project or

activities under this NWP if State Section 401 review is required.

General Conditions: For Non-Federal Permittees

1. Necessary Data and Information. A Coastal Zone Management Program “Certification of

Consistency” form is required for projects located within a coastal county. “Certification of Consistency”

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forms are available on Ecology’s website. The form shall include a description of the proposed project or

activity and evidence of compliance with the applicable enforceable policies of the Washington Coastal

Zone Management Program (CZMP). Also, a map of the site location is required.

2. Timing. Within 6 months from receipt of the necessary data and information, Ecology will provide a

federal consistency determination for the proposed project or activity. If Ecology fails to act within the 6

month period, concurrence with the CZMP is presumed.

General Conditions: For Federal Permittees (Agencies)

1. Necessary Data and Information. Federal agencies shall submit the determination, information, and

analysis required by 15 CFR 930.39 to obtain a federal consistency determination.

2. Timing. Within 60 days from receipt of the necessary data and information, Ecology will provide a

federal consistency determination for the proposed project or activity. If Ecology fails to act within the

60 day period, concurrence with the CZMP is presumed.

US Forest Service Right of Entry Permit (to be added via addendum)

Chelan County Shoreline Substantial Development Permit: Permit # SDP 2018-299

Chelan County ROW Permit: Permit #9099

WDOE Construction General Stormwater Permit (to be added via addendum)