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HomeMy WebLinkAboutSHX2018-00039 Hartstine Marina Floats - SHX Permit / Conditions - 6/22/2018 PEON.STAT�O MASON COUNTY C 4-1 Department of Community Services o A 0,0 N Planning Division o T Z 615 W Alder St, Shelton, WA 98584 N Y C (360)427-9670 OJ �O 186A Exemption from Shoreline Management Act Case No.: SHX2018-00039 Substantial Development Permit Requirement The Proposal By: MARINE FLOATS �/a+'s�tiu I��N �Ma► � 3 , 1208 EAST "D" ST TACOMA, WA 98421 �l{an G�1-�1858`l Parcel Number: 121198888888 Site Address: To undertake the following development: REMOVE THE EXISTING 6' X 60' PIER, 4' X 60' RAMP, PLUS A TOTAL OF 12,178 SQ FT OF SOLID WOOD FLOATS INCLUDING MAIN WALKWAYS, CONNECTORS AND FINGER FLOATS. THIS IS A TOTAL OF 12,778 SQ FT OF OVERWATER STRUCTURES BEING REMOVED. REPLACE IN THE SAME FOOTPRINT WITH 6' X 60' 100% GRATED PIER, 4' X 60' 100% GRATED RAMP PLUS A TOTAL OF 12,178 SQ FT OF FLOATS. 13 EXISTING 12" CREOSOTE TIMBER PILE TO BE REMOVED AND REPLACED WITH 7 12" AND 6" GALVANIZED STEEL PILING. AN ADDITIONAL 11 EXISTING TIMBER PILE WITLLALSO BE REMOVED. Within PICKERING PASSAGE and/or its associated wetlands is exempt from the requirement of substantial development because the development is categorized under WAC 173-27-040(2) as being dal maintenance Please contact Grace Miller at ext 360 if you have any questions. l &kat-i Issued:6/22/2018 Authorized Local Government Official ,�PPUc� SHX2018-00039 June 22, 20V --------------------------------------- AGENCY USE ONLY t M Date received: US Army Corps WASHINGTON STATE ofEnglneers• sc a�Dstrc , Agency reference#., ' Joint Aquatic Resources Permit '�- Application (JARPA) Form'°2 Tax Parcel#(s): USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. RECEIVED ------------------------ MAY 18 2018 PLANNING Part 1—Project Identification 615 W gldsr Sheet 1. Project Name (A name for your project that you create. Examples: Smith's Dock or Seabrook Lane Development) h[ elpl Hartstene Pointe Maintenance Association-Marina Repair/Replacement Part 2—Applicant The person and/or organization responsible for the project. h( etd 2a. Name (Last, First, Middle) Birgh, Stefan (General Manager) 2b. Organization(If applicable) Pointe Maintenance Association 2c. Mailing Address (Street or PO Box) 202 East Pointes Drive East 2d. City, State, Zip Shelton, WA 98584 2e. Phone(1) 2f. Phone(2) 2g. Fax 2h. E-mail (360) 426-2300 ( ) ( ) stefan@hpma.org Additional forms may be required for the following permits: • If your project may qualify for Department of the Army authorization through a Regional General Permit(RGP),contact the U.S.Army Corps of Engineers for application information(206)764-3495. • If your project might affect species listed under the Endangered Species Act,you will need to fill out a Specific Project Information Form(SPIF)or prepare a Biological Evaluation. Forms can be found at http://www nws usace army.mil/Missions/CivilWorks/Regulatory/PermitGuidebook/EndangeredSpecies.aspx. • Not all cities and counties accept the JARPA for their local Shoreline permits. If you need a Shoreline permit,contact the appropriate city or county government to make sure they accept the JARPA. 2To access an online JARPA form with[help]screens,go to http://www.epermitting.wa.gov/site/alias resourcecenter/iarpa larpa form/9984/larpa form.aspx. For other help,contact the Governor's Office for Regulatory Innovation and Assistance at(800)917-0043 or help(cilora.wa.gov. JARPA Revision 2012.2 Page 1 of 12 Part 3—Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11 b of this application.) heI 3a. Name (Last, First, Middle) Chase, Lorrie 3b. Organization (If applicable) Marine Floats 3c. Mailing Address (Street or Po Box) 1208 East D St. 3d. City, State, Zip Tacoma, WA 98421 3e. Phone(i) 3f. Phone(2) 3g. Fax 3h. E-mail 253-383-2740 ( ) Ichase@marine floats.com Part 4—Property Owner(s) Contact information for people or organizations owning the property(ies)where the project will occur. Consider both upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. LtLeM ® Same as applicant. (Skip to Part 5.) ❑ Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.) ❑ There are multiple upland property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner. ® Your project is on Department of Natural Resources (DNR)-managed aquatic lands. If you don't know, contact the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment E to apply for the Aquatic Use Authorization. 4a. Name (Last, First, Middle) 4b. Organization (If applicable) 4c. Mailing Address (street or Po Box) 4d. City, State, Zip 4e. Phone(1) 4f. Phone(2) 4g. Fax 4h. E-mail JARPA Revision 2012.2 Page 2 of 12 Part 5—Project Location(s) Identifying information about the property or properties where the project will occur. [km ❑ There are multiple project locations (e.g. linear projects). Complete the section below and use JARPA Attachment B for each additional project location. 5a. Indicate the type of ownership of the property. (Check all that apply.) hel ® Private ❑ Federal ❑ Publicly owned (state, county, city,special districts like schools, ports, etc.) ❑ Tribal ® Department of Natural Resources (DNR)— managed aquatic lands (Complete JARPA Attachment E) 5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.) [he 202 E Pointes Drive East 5c. City, State, Zip(If the project is not in a city or town, provide the name of the nearest city or town.) hf elpl Shelton, WA 98584 5d. County kL i Mason 5e. Provide the section, township, and range for the project location. hem '/4 Section Section Township Range 19 21N 01W 5f. Provide the latitude and longitude of the project location. [help] • Example: 47.03922 N lat./-122.89142 W long. (Use decimal degrees-NAD 83) 47.295927 N lat. /-122.861289 W long. 5g. List the tax parcel number(s)for the project location. h(� • The local county assessor's office can provide this information. 121198888888 5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) h[ m Name Mailing Address Tax Parcel # (if known) Ewart, Hugh & Joanna 716 E Promontory Drive 221243100010 Shelton, WA 98584 Benton, Richard & Naomi 13363 202"d Ave. SE 121307500020 Issaquah, WA 98027 5i. List all wetlands on or adjacent to the project location. hel N/A 5j. List all waterbodies (other than wetlands) on or adjacent to the project location. hel Indian Cove, Pickering Passage 5k. Is any part of the project area within a 100-year floodplain? h[ elp] JARPA Revision 2012.2 Page 3 of 12 ® Yes ❑ No ❑ Don't know VE high flood risk 51. Briefly describe the vegetation and habitat conditions on the property. h[ eA1 Upland is the Plat of Harstene Pointe developed with a subdivision, a variety of landscaping, and private recreational mooring facilities for residents of the plat. There is no landscaping below the OHWM, i.e., where the marina is located on the water. 5m. Describe how the property is currently used. h[ eAl Private recreational mooring facilities for residents of the subdivision. 5n. Describe how the adjacent properties are currently used. [help] Adjacent properties residential. 5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. hel Upland is the Plat of Harstene Pointe developed with a subdivision, a variety of landscaping, and private recreational mooring facilities for residents of the plat. 5p. Provide driving directions from the closest highway to the project location, and attach a map. hel Take 1-5 South, merge onto Hwy 16 east towards Gig Harbor Take the exit toward WA-302 W/Purdy Key Center Turn left onto WA-302 W, Turn right to stay on WA-302 W Continue straight onto E North Bay Rd, Merge onto WA-3 S Turn left onto E Pickering Rd Continue straight onto E Harstene Bridge Rd Turn left onto E North Island Dr, Drive to East Pointes Drive East E North Island Dr turns right and becomes E Pointes Dr W Sharp right onto East Pointes Drive East(takes you to Harstene Pointe Maintenance Association, not the marina) 202 East Pointes Drive East Part 6—Project Description 6a. Briefly summarize the overall project. You can provide more detail in 6b. hel Remove the existing 6'x60' pier, 4'x60' ramp, plus a total of 12,178 sq. ft. of solid wood floats including main walkways, connectors and finger floats. This is a total of 12,778 sq. ft. of overwater structures being removed. Replace in the same footprint with 6'x60' 100% grated pier, 4'x60' 100% grated ramp, plus a total of 12,178 sq. ft. of floats. (13) Existing 12" creosote timber pile to be removed and replaced with (7) 12" and (6) 14" galvanized steel piling. An additional (11) existing timber pile will also be removed. 6b. Describe the purpose of the project and why you want or need to perform it. hf elp] The marina was built decades ago and is reaching the end of its lifespan. 6c. Indicate the project category. (Check all that apply) [hel ® Commercial ❑ Residential ❑ Institutional ❑ Transportation ® Recreational ® Maintenance ❑ Environmental Enhancement 6d. Indicate the major elements of your project. (Check all that apply) [help] JARPA Revision 2012.2 Page 4 of 12 ❑ Aquaculture ❑ Culvert ® Float ❑ Retaining Wall ❑ Bank Stabilization ❑ Dam /Weir (upland) ❑ Floating Home ❑ Boat House ❑ Dike / Levee / Jett El Road y ❑ Geotechnical Survey ❑ Boat Launch ❑ Ditch ❑ Land Clearing ❑ Scientific Measurement Device ❑ Boat Lift ® Dock / Pier ® Marina / Moorage ❑ Stairs ❑ Bridge ❑ Dredging ❑ Mining ❑ Stormwater facility ❑ Bulkhead ❑ Fence ❑ Outfall Structure ❑ Swimming Pool ❑ Buoy [:1 Ferry Terminal ® Piling/Dolphin [] Utility Line ❑ Channel Modification ❑ Fishway ❑ Raft ❑ Other: 6e. Describe how you plan to construct each project element checked in 6d. Include specific construction methods and equipment to be used. hel • Identify where each element will occur in relation to the nearest waterbody. • Indicate which activities are within the 100-year floodplain. Replace in the same footprint the existing solid wood 6'x60' pier and solid wood 4'x60' ramp, plus a total of 12,178 sq. ft. of solid wood floats including main walkways, connectors and finger floats. For a total of 12,778 sq. ft. of dock replacement. Pier & Ramp Remove (13) existing 12" creosote timber pile; to be replaced with (7) 12" and (6) 14" galvanized steel piling. An additional (11) existing timber pile to be permanently removed. Remove and dispose of existing solid wood 6'x60' pier and solid wood 4'x60' ramp and replace with (1) 6'x60' pier with 100% fiberglass grated surface with 1.5" squares with 69% open area and (1) 4'x 60' 100% grated fabricated aluminum ramp/gangway. Floats Remove and dispose of existing dock system consisting of 12,178 sq. ft. of solid wood floats with foam log flotation system (including main walkways, connectors and finger floats) by disconnecting from the pilings currently holding it in place. Replace with new 12,178 sq. ft. of floating dock system with 50% pre-stressed concrete decking and 50% fiberglass grating with 69% open area and Polyethylene foam filled tub flotation. The new dock system materials will meet current environmental/construction standards. The old floats will be towed from the site to the contractor's facility in Tacoma where they will be demolished and disposed of at an approved upland facility. Disconnection and installation of all the floats is done entirely from the water; not on land, using a crane, if necessary, and hand tools to disconnect and attach together. Piling (11) 12" existing creosote treated timber piling will be permanently removed using direct pull methods unless physically impossible. Remove (13) existing 12" creosote timber pile; to be replaced with (7) 12" and (6) 14" galvanized steel piling. Piling removal will be by the direct pull method and will incorporate BMPs at all times. Barge will not be permitted to ground. Work surface on barge deck shall include a containment basin for piling and any sediments or debris. A floating surface boom will be installed to capture any debris or oil sheen. Pilings will not be shaken or scraped and will be taken from the site in the work barge to be properly disposed of at an upland disposal facility. New galvanized steel piling will be barged to site and driven using a vibratory pile driver (with wood block and bubble curtain for sound attenuation). The 12,178 sq. ft. float system will be prefabricated at Marine Floats facility in Tacoma WA and towed via water to the site for installation. Connection to the newly placed piling will be via piling boxes and/or piling hoops. Finger floats will be attached to the main walkway usin hand tools via JARPA Revision 2012.2 Page 5 of 12 the water; no work on land. Marine Floats constructs our docks from the water, never from the land, using the following method: 1. First, the construction crew is small, 2-4 men. We have a boat that pulls the construction barge. The prefabricated floats are tied behind the barge and also pulled to the site. So boat, construction barge with supplies, then the floats all transported via water to the project site. 2. Removal of existing floats and pilings: pilings are placed in a containment bin on the construction barge; the old floats will be transported via the water back to our facility for demolition. 3. Connection to the newly placed piling will be via piling boxes and/or piling hoops. 4. Our construction barge is not allowed to ground out. We pre-construct all the floats on our property in Tacoma for each dock system. The ramp and pier are prefabricated and we purchase them made to order for each project. 6f. What are the anticipated start and end dates for project construction? (Month/Year) h[ elpl • If the project will be constructed in phases or stages, use JARPA Attachment D to list the start and end dates of each phase or stage. Start date: July 16, 2018 End date: Feb. 15,2020 ❑ See JARPA Attachment D 6g. Fair market value of the project, including materials, labor, machine rentals, etc. [heir)] $1,4000,807.43 6h. Will any portion of the project receive federal funding? hel • If yes, list each agency providing funds. ❑ Yes ® No ❑ Don't know Part 7—Wetlands: Impacts and Mitigation ❑ Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.) hei 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. hei ® Not applicable N/A 7b. Will the project impact wetlands? hei ❑ Yes ® No ❑ Don't know 7c. Will the project impact wetland buffers? hel ❑ Yes ® No ❑ Don't know 7d. Has a wetland delineation report been prepared? thel • If Yes, submit the report, including data sheets,with the JARPA package. ❑ Yes ® No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? [help] • If Yes, submit the wetland rating forms and figures with the JARPA package. ❑ Yes ❑ No ® Don't know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? hei • If Yes, submit the plan with the JARPA package and answer 7g. JARPA Revision 2012.2 Page 6 of 12 • If No,or Not applicable,explain below why a mitigation plan should not be required. ❑ Yes ❑ No ® Not applicable 7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. h[ eeM N/A 7h. Use the table below to list the type and rating of each wetland impacted, the extent and duration of the impact, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a similar table, you can state (below)where we can find this information in the plan. hel Activity (fill, Wetland Wetland Impact Duration Proposed Wetland drain, excavate, Name' type and area (sq. of impact3 mitigation mitigation area flood, etc.) rating ft. or type (sq. ft. or categoryz Acres) acres If no official name for the wetland exists, create a unique name(such as"Wetland 1"). The name should be consistent with other project documents,such as a wetland delineation report. 2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System.Provide the wetland rating forms with the JARPA package. 3Indicate the days,months or years the wetland will be measurably impacted by the activity. Enter"permanent'if applicable. °Creation(C),Re-establishment/Rehabilitation(R),Enhancement(E),Preservation(P),Mitigation Bank/In-lieu fee(B) Page number(s) for similar information in the mitigation plan, if available: 7i. For all filling activities identified in 7h, describe the source and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be placed into the wetland. hI elo N/A 7j. For all excavating activities identified in 7h, describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. Lwd N/A Part 8—Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, "waterbodies" refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) hel ® Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. hel ❑ Not applicable 1. The design of the dock complies with regulatory agencies criteria 2. Flotation will be permanently encapsulated 3. Piling are galvanized steel 4. Piling driven with a vibratory pile hammer 5. Floating pile driver will operate for 8 days and will not ground 6. Care will be taken to contain all construction debris. 7. "Best Management Practices" will be exercised throughout this project. 8. Grated surfaces are incorporated throughout. 9. Work windows will be observed. 8b. Will your project impact a waterbody or the area around a waterbody? hel ® Yes ❑ No 8c. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non-wetland waterbodies? hel JARPA Revision 2012.2 Page 7 of 12 • If Yes, submit the plan with the JARPA package and answer 8d. • If No, or Not applicable,explain below why a mitigation plan should not be required. ® Yes ❑ No ❑ Not applicable Removal of the old structure plus 24 piling. 8d. Summarize what the mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. • If you already completed 7g you do not need to restate your answer here. h( gm Removal of solid overwater structures and creosote-treated piling. 8e. Summarize impact(s) to each waterbody in the table below. hf eM Activity (clear, Waterbody Impact Duration of Amount of material Area (sq. ft. or dredge, fill, pile name' location impact3 (cubic yards) to be linear ft.) of drive, etc.) placed in or waterbody removed from directly affected waterbody Remove Indian Cove USZ Permanent 6'x60' existing solid 360 sq ft Existing Pier wood pier Remove Indian Cove USZ Permanent 4'x6' existing solid 24 sq ft Existing Ramp wood ramp in USZ Remove Indian Cove LSZ Permanent 4'x54' existing solid 216 sq ft Existing Ramp wood ramp in LSZ Remove Floats Indian Cove LSZ Permanent 12,178 sq ft of solid 12,178 sq ft wood floats Remove (24) Indian Cove LSZ Permanent (24) existing 12" 18.96 sq ft Existing Piling creosote timber pile INSTALL New Indian Cove USZ Permanent 6'X60' Aluminum with 360 sq ft Pier 100% grating INSTALL New Indian Cove USZ Permanent 4'x6' Aluminum with 24 sq ft Ramp 100% grating in USZ INSTALL New Indian Cove LSZ Permanent 4'x54' Aluminum with 216 sq ft Ramp 100% grating in LSZ INSTALL New Indian Cove LSZ Permanent 12,178 sq ft of 50% 12,178 sq ft Floats grated floats INSTALL 7 New Indian Cove LSZ Permanent (7) 12" galv. steel 5.53 sq ft Piling piling INSTALL 6 New Indian Cove LSZ Permanent (6) 14" gals. steel 3.3 sq ft Piling piling If no official name for the waterbody exists,create a unique name(such as"Stream 1")The name should be consistent with other documents provided. 2Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent,provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100-year flood plain. 3 indicate the days,months or years the waterbody will be measurably impacted by the work. Enter"permanent"if applicable. 8f. For all activities identified in 8e, describe the source and nature of the fill material, amount (in cubic yards) you will use, and how and where it will be placed into the waterbody. h[ eM N/A 8g. For all excavating or dredging activities identified in 8e, describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. h[ eiP N/A Part 9-Additional Information JARPA Revision 2012.2 Page 8 of 12 Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of this section as you can. It is ok if you cannot answer a question. 9a. If you have already worked with any government agencies on this project, list them below. he► Agency Name Contact Name Phone Most Recent Date of Contact MASON COUNTY Grace Miller ( ) 4/30/18 WDFW/DNR ( ) CORPS ( ) 9b. Are any of the wetlands or waterbodies identified in Part 7 or Part 8 of this JARPA on the Washington Department of Ecology's 303(d) List? hf eld • If Yes,list the parameter(s)below. • If you don't know, use Washington Department of Ecology's Water Quality Assessment tools at: http://www.ecV.wa.gov/programs/wq/303d/. ® Yes ❑ No Category 2 water: bacteria 9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? hel • Go to http://cfpub.epa.gov/surf/locate/index.cfm to help identify the HUC. 17110019 9d. What Water Resource Inventory Area Number (WRIA#) is the project in? hel • Go to http://www.ecy.wa.gov/services/gis/maps/wria/wria.htm to find the WRIA#. WRIA 14 9e. Will the in-water construction work comply with the State of Washington water quality standards for turbidity? hel • Go to http://www.ecy.wa.gov/programs/wq/swgs/criteria.html for the standards. ® Yes ❑ No ❑ Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? hel • If you don't know, contact the local planning department. • For more information, go to: hftp://www.ecy.wa.gov/programs/sea/sma/laws rules/173-26/211 designations.html. ❑ Rural ❑ Urban ❑ Natural ® Aquatic ❑ Conservancy ❑ Other 9g. What is the Washington Department of Natural Resources Water Type? hel • Go to http://www.dnr.wa clov/BusinessPermits/Topics/ForestPracticesApplications/Pages/fl) watertypinq.aspx for the Forest Practices Water Typing System. ® Shoreline ❑ Fish ❑ Non-Fish Perennial ❑ Non-Fish Seasonal 9h. Will this project be designed to meet the Washington Department of Ecology's most current stormwater manual? hel • If No,provide the name of the manual your project is designed to meet. ® Yes ❑ No Name of manual: JARPA Revision 2012.2 Page 9 of 12 GIL Does the project site have known contaminated sediment? [help] • If Yes, please describe below. ❑ Yes ® No 9j. If you know what the property was used for in the past, describe below. [help l 9k. Has a cultural resource (archaeological) survey been performed on the project area? hel • If Yes,attach it to your JARPA package. ❑ Yes ® No Should archaeological materials(e.g.bones,shell,stone tools,beads,ceramics,old bottles,hearths,etc.)or human remains be observed during project activities,all work in the immediate vicinity should stop.The State Department of Archaeology and Historic Preservation(360-586-3065),the County/City planning office,the affected Tribe(s)and the county coroner(if applicable)should be contacted immediately in order to help assess the situation and determine how to preserve the resource(s).Compliance with all applicable laws pertaining to archaeological resources(RCW 27.53,27.44 and WAC 25-48)is required. Failure to comply with this requirement could constitute a Class C Felony 91. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. hf eM Nearshore Rockfish, Puget Sound Chinook Salmon, Killer Whale, Bull Trout, Marbled Murrelet 9m. Name each species or habitat on the Washington Department of Fish and Wildlife's Priority Habitats and Species List that might be affected by the proposed work. hel Surf Smelt on the beaches to either side of the marina, Estuarine and Marine Wetlands, Hardshell Clam Part 10—SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at http://apps.ecy.wa.gov/opas/. • Governor's Office for Regulatory Innovation and Assistance at (800) 917-0043 or help(@ora.wa.gov. • For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA. 10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) [hel • For more information about SEPA,go to wvvw.ecy.wa.gov/programs/sea/sel)a/e-review.html. ❑ A copy of the SEPA determination or letter of exemption is included with this application. ® A SEPA determination is pending with Mason County (lead agency). The expected decision date is 2018 ❑ I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 10b.) hel ® This project is exempt (choose type of exemption below). ® Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? WAC 197-11-800(3) Repair and maintenance ❑ Other: ❑ SEPA is pre-empted by federal law. 10b. Indicate the permits you are applying for. (Check all that apply.) LOCAL GOVERNMENT JARPA Revision 2012.2 Page 10 of 12 Local Government Shoreline permits: ❑ Substantial Development ❑ Conditional Use ❑ Variance ® Shoreline Exemption Type (explain): WAC 173-27-040 2)(b) Normal maintenance & repair Other City/County permits: ❑ Floodplain Development Permit ❑ Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: ® Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption — Attach Exemption Form Effective July 10, 2012, you must submit a check for $150 to Washington Department of Fish and Wildlife, unless your project qualifies for an exemption or alternative payment method below. Do not send cash. Check the appropriate boxes: ❑$150 check enclosed. Check# Attach check made payable to Washington Department of Fish and Wildlife. ❑ My project is exempt from the application fee. (Check appropriate exemption ❑ HPA processing is conducted by applicant-funded WDFW staff. Agreement # ❑ Mineral prospecting and mining. ❑ Project occurs on farm and agricultural land. (Attach a copy of current land use classification recorded with the county auditor,or other proof of current land use.) ❑ Project is a modification of an existing HPA originally applied for, prior to July 10, 2012. HPA # Washington Department of Natural Resources: ® Aquatic Use Authorization Complete JARPA Attachment E and submit a check for$25 payable to the Washington Department of Natural Resources. Do not send cash. Washington Department of Ecology: ® Section 401 Water Quality Certification FEDERAL GOVERNMENT United States Department of the Army permits (U.S. Army Corps of Engineers): ❑ Section 404 (discharges into waters of the U.S.) ® Section 10 (work in navigable waters) United States Coast Guard permits: ❑ Private Aids to Navigation (for non-bridge projects) JARPA Revision 2012.2 Page 11 of 12 Pati I I—Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. hie p] 19a;. Applicant Signature (required) eh�l I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby authorize th gent named in Part 3 of this application to act on my behalf in matters related to this application.L (Initial) By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the permitting agencies entering a property where the project is located to inspect the project site or any work related to the project. �* pnitial) 51 Applicant Printed(dame Apalic�nt Signature pate Authorized Agent Signature Lop I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been Issued. Authorized Agent Ynnteu i wioe Authorized Agent Signatwe _ Data - 11c. Property Owner Signature (if not applicant). LtLOW Not required if project is on existing rights-of-way or easements. I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. � i,---�,..r�t ✓vr� f. 7�r — - -=_,.�.�=.`'�y�.`1`". --. -' _�L��G�I__�_ _ Proper#y Owner Printed game Properi,CAaier Signature pate 18 U.S.0 §1001 provides that:Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies,conceals,or covers up by any trick,scheme,or device a material fact or makes any false,fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious,or fraudulent statement or entry,shall be fined not more than$10,000 or Imprisoned not more than 5 years or both. If you require this document in another format,contact the Govemor's Office of Regulato,11 Assistance (ORA)at(800)917-0043. People with hearing loss can call 711 for Washington Relay Service. People vAth a speech disability can call(877)633-6U 1, OR4 publication number: ENV-019-09 rev.06-12 JARPA Revision 2012,1 0—4 M 4 March 21,2018 Stefan Birgh Harstene Pointe Maintenance Association 202 E Pointes Dr E Shelton,WA 98584 Dear Mr.Birgh, In order to acknowledge that you are authorizing Marine Floats to act on your behalf during the permitting process regarding the submittal of various documents, studies and/or reports, we ask that the following statement be signed and returned for submittal to Mason County, if required, and for our records. PROPERTY MANAGER/APPLICANT AGREEMENT The undersigned is the authorized signatory for the property identified by the Mason County Assessor'number(s) 121198888888, located at 202 E Pointes Drive, E. Shelton,WA 98584.The undersigned gives (give)consent and approval to Marine Floats Corporation to act on his/her/their behalf as his/her/their agent to proceed with a land use application for a Shoreline Substantial Development Exemption Letter,JARPA, SEPA, and other associated documents/studies/reports on the property referenced herein. G e cry l M-,"-W Property Manager or Authorized-Signatory Date 3 1 Z CS l Z d l NOTARY: STATE OF WASHINGTON) SS COUNTY OF MASON ) On this �-'B day of YY1 a C)N u I ,before me,the undersigned, a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared 6 rC'Co-, 6 I, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she/they signed and sealed the said instrument as a free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this day of YYIG�,A 1111uuu►U►►� 42 "` / A�4-4 n l Notary Public in and for the State of Washington Residing at ILM My commission expires 07 Z/- u'� . UBLIC OF ��►11111111111� ��- Marine Floats Corporation - PERMITTING EXHIBIT A 'eta �a There is no guarantee of approval of these applications as submitted or as modified. CLIENT Hsrstene Pointe Marina DATE March 9,2018 FEES FOR DOCK PERMITS ARE ESTIMATED.ADDITIONAL FEES OR SERVICES MAY BE REQUIRED BY OTHER AGENCIES. ONLY THE PRICED LINE ITEMS BELOW ARE INCLUDED. MFC WILL SEEK CLIENT APPROVAL IF ADDITIONAL EXPENDATURES ARE REQUIRED Marine Floats Processing Fee-Credit 11 Shoreline Conditional Use Permit-If Other Structures Are Involved(boatlifts) 2 Shoreline Substantial Development Application 12. Shoreline Variance-if Other Structures Are involved Mason County ? Shoreline Substantial Development Exemption 800.00 13. Washington State Dept.of Fish&Wildlife HPA State Environmental Policy Act(SEPA)Environmenta a '30.00 14. Wetlands Survey Report and Application Checklist Review-included with No.2 above Structural Engineer Stamped Drawings and Calculations 5. •Estimated S at time of Building Permit-Credit 15. Army Corps of Engineers Permit-Administration 1,500.00 Building Permit Fee-Estimated-subject to Iota! 6 11.33143 i6. Habitat Management Plan Review building departments To nr PROVIDED 7 Fire Inspection-Hourly Fees 73MR 17. Site Plan for Submittals BY OWNER S. Biological!Habitat Assessment IS Mitigation Plan TBD 9 Biological Assessment Survey Required by Endangered 19. DNR-Lease Survey By Owner Species Act 10 Archeological Survey-Required In Limited Areas 20. Pre-Site Visit Fee 255.00 Total Fees: 19,91.9.43 Permitting costs billed to you by Marine Floats are subject to Sales Tax.If you pay Mason County directly,you are not subject ;­.. to Sales Tax($963.34). Amended Fees: 14,618.43 IMPORTANT INFORMATION It will be your responsibility to provide lfarine Floats the required legal information including the property description,site plan with all structures and site survey.The application for permits from the Corps of Engineers and the State Department of Fish and Wildlife and t.ocal Jurisdictions will be submitted by Marine Floats. f. General TeviCW criteria and dimensional limits may vary in each jurisdiction although all are subject to the Washington State Department of Ecology. the State Shoreline Management Act and the Federal Endangered Species Regulations. 2. The Endangered Species Act requires a Biological Evaluation or Habitat Surrey to be done by an approved marine biologist. Field work can only be completed during the months of June-Sept.The timing of the construction of the project xrill be determined by the Biological Evaluation or Habitat Survey and the state and federal agencies.Compensetory mitigation is required for most projects and considered in the following order;mitigation bank credits.in-lieu fee credits,permittce responsible mitigation onsite and in-kind and offsite and in-kind. National N4arinc Fisheries will apply the Habitat Equivalency Analysis to assist in determining a dollar value of the project impacts and used on offsite shoreline restoration projects. It is our policy to provide the Biological Evaluation to the Corps of Engineers to expedite the process.We contract with marine biologist consultants to perform this work and they write the report based on their findings from surveying the permit application site.The Corps of Engineers must submit the Biological Evaluation or Habitat Survey with the application to National Marine Fisheries Senice-along with LIS Fish and Wildlirc who arc the administrators of the Endangered Species Act. There are ongoing changes being done by local shorelines jurisdictions,the Corps of Engineers,National Marine Fisheries Service,and US Fish and Wildlife Sen ice that we continue to monitor.We hot&for continued improvement in the process as we communicate and work with these agencies. ACCEPTED (please initial) DATED ACCEPTED (please initlah DATED 2014 PERMIT EXHIBIT A 319;201$ 'D4*00�c�"� Scope of Work Harstene Pointe Marina 202 E Pointes Dr E Shelton,WA 98584 Indian Cove, February 17.2018 Project Description Marine Floats proposes the services necessary to provide a replacement marina as described below.The required services will include permitting,design and engineering,demolition and disposal of the existing pier,floats and piling. fabrication of new floats,and on-site installation of the new piling.floats and utilities. Permitting Marine Floats%%ill prepare and submit to regulatory agencies for approval,all required permit applications required for this project. Please see attached Marine Floats Permitting Exhibit A for more detailed information and associated fee for these services. Marine Floats has been obtaining shoreline permits for 30 year.Our working relationship with all the agencies is very positive. We also have strong ties to DNR and will assist in the rewriting of your lease. Design and Engineering Marine Floats will design and engineer your dock system using our ErmiroCrere"System to meet the needs for your site,as described below and shown on the attached Marine Floats Corporation drawing. Marine Floats initiate;the design and produce shop drawings which will be submitted to professional engineering firm. Sitts and Hill.They will review,add their general notes and details and approve with authorizing stamp.The drawings will then be ready for submittal for Mason County building permit.Cost of engineering and stamps included in "Contract Sum for Work". Pier and ramp were previously quoted.The vendor will supply the necessary drawings. Aluminum Pier (1)6'x 60'Aluminum pier all welded truss Isolation pads at all connections Ramp connection hardware Transition plate Side gap wing-wall as needed Full side rails at 4"approximate spacing Pier surface is 100%fiberglass grating with 114,"squares and 69%open area Ramp (1)Fabricated aluminum ramp 4'x 60'outside dimension Deck run-off plate with non skid surface at float end Galvanized steel hinge with cover plate at shore end Ramp surface is 100%fiberglass grating with 69%open area Full length handrail with inside rails spaced to code requirements 1 F05 Fast D StreFt-Tacoma Washington 98421-253 383 2740-vrAv,,mannenoals rom Wendell Srroua-253 370 5014-n•'181060in aol ram 1 �*`'r -Yap �G: Floating Docks The followine Envir•oCrere�Svstem will be fabricated at our Tacoma facility and towed to your location for installation,as per drawing.The dock system shall be substantially similar or better than the dock system at Eagle Harbor,Winslow Wharf. F.rrriroCrete"Specifications Float surface decked with 50%pre-stressed concrete decking and 50%fiberglass grating Concrete is pre-stressed with stainless steel cable Grating is fiberglass with 1 IT"x 1 1/' squares and 69%open area Polyethylene foam filled tub flotation All timber is Chemonite pressure treated Douglas/fir with glulam walers Metal fasteners are hot dipped galvanized steel or stainless steel 12"ealvanized steel cleats,thru bolted White vinyl rub strip on all edges with pneumatic vinyl corners Freeboard of l 6"-1 S" EnviroCreter specifications include grating areas as required by the State and Federal Permits. Utilities The following utilities will he included in your floats' Electrical Electrical wiring.equipment and fixtures per the DF Electric proposal and shown on Marine Floats drawings to provide the following: Electrical will include updating the service. It is estimated there is adequate service to the marina which has been verified.The number of pedestals is shown on the drawing.The location and number of pedestals need to be discussed and verified.New service between dock and transfer will be new. Potable Water Potable water piping and equipment as shown on Marine Floats drawing will include the following: Brass Potable water faucet on(1)per pedestal I"HDPE for the main line Drain valves System pressure test Piping from parking lot to pier ramp and dock system will be new Fire System The fire system is comprised of the following for the 4"Sch 90 HDPE PVC mainline (7)Fire standpipe with 2'/ "NST Male with brass angle valve Standpipe located as shown on drawings Piping will be built into the internal framing Drain valves included System pressure tested Piping from parking lot to pier ramp and dock system will be new 4'x 10'Fire equipment staging area with 4"minimum bull rail on water side to prevent equipment to and stgnage to keep area clear of obstacles at each standpipc location 4A40BC Fire extinguishers every'75'and at standpipe location Piling Rork Proposed Marine Floats will furnish and install the following to secure floats,as shown on Marine Floats Corporation drawing. (7) 12"diameter galvanized steel piling with.50 wall thickness (6) 14"diameter galvanized steel piling with.50 wall thickness Galvanized steel pile hoop with rollers Galvanized steel pile boxes with roller tit a n t+;} It",r,• L2riA C��:D S',eor-Tacc,*a Washington 9842 r•253 383 27�r1— ^.vw marines oats coy t^.er"Ik Svoud-253 370 5014-whs1O60(h'a 1 rom 2 ! I o x_' J Installation Should a further access be needed by removing a part of the existing breakwater.it will be Mann Floats responsibility to then reinstall any temporary removed components and!orpiling. Six (6)piling on the Guest Dock mould be removed and replaced with(7) 14"piling and(6) 12"piling on A dock All of this is subject to discussion at your convenience. Demolition Removal.demolition.and disposal of the existing facility at an approved upland facility. Includes the Following: Remove existing creosote piling to be determined by survey and owner direction Removal of existing floating marina to Marine Floats Tacoma facility for demolition and disposal Pre-Assembly and Pile Driving The float system is prefabricated at Marine Floats facility in Tacoma and towed to your location for installation.' Installation is estimated at 6 weeks and includes 6-10 days for pile driving Parking for two work trucks at a nearby location is needed during installation Schedule Schedule is based on permitting and material lead times. Exclusions Surveying.bonding.or property insurance(Builder's Risk)outside of existing coverage is not included 12r 8 Ear•,!D Knee;-Tacoma Washmaton 98-121 253 383 2740--:;•.rr mangetteats Gorr 1,lVend{01 Stroud-:5's 370 501.1-whs108Wc-at,,cnm 3 Exhibit C-Cost Breakdown and Option Costs Marine Floats , marinefloats.com Permitting l�[ Phase 1 S 19,918.43 l�"► �C7, �3 Discount $ (5,500.00) Removal and Demolition Included New Gangway and Ramp Included New Docks Phase#1 S 1,334,290.00•_—� Discount $ (34,290.00) Add for electric(see below) $ 1,663.00 Meters(prox) $ 1,740.00 Utilities Included Pilings Reconfig. $ 82,986.00 . Total Before Tax S 1,400,807.43 Sales Tax $ 119,068.63 Preliminary Estimate $ 1,519,876.06 Options Metering to all pedestals $ 8,076.00 Upgrade to S5 Pedestals 20 AMP Twist Lock $ 1,663.00 Pedestals-Plastic $ (22,977.00) ` Composite/Grating $ (69,610,00) Notes Warranty 10 Years Giulam Wood Structure SS Pedestals Concrete/Grated ' 30/20 AMP System t Pilings-Guest Dock and C Dock Reconfiguration Arranged for financing- around 4.25% F ELECTRIC, INC. PROPOSAL SINCE 1970 �,e;,pint t•t+r�• ?-5?11—G ;53.25.3326=3� Ald't dtsper--!- ')rrLErTtoDs TO. Marine Floats PHONE (253)383-2740 1208 E D St FAX (253)383-1102 Tacoma WA98421-1710 EMAIL: whs1060(daot.corr, Attn:Wendell Stroud PROPOSAL t#. 5123.3 NEW A.B,C AND D DOCK WIRING DATE- t/7540t 8 JOB: Harstene Pointe Marina Ohm italics indicate changes from previous proposal Harstine Island.WA We hereby submit specifications and estimates for: A) Provide and install new electrical wiring as per specifications. B) INCLUSIONS Cost Includes): Cost breakdown: BASE BID: 2 } Provide and install new electrical wiring for new floating docks(AB,C A D DOCK as per specifications.including: 3 ) PmvW and install now400A 1201240V I-phase SSpenettaoardat shore tine with the 1080wingspecifkatiorr3. Q ) -400A main beaker 5 ) -0 Recess sty sub-breakers for dock wiingis hunts tyk withGFlmonitoringi 6 ) -9-ehculf GFIrnonkonng system with adJusfa"(*thnisholds. 7 ) Cost is base on tying to NEW 400A CT enclosure service that Mason County PUP 113 witlrepuire.See below for pace 8 ) of new400A service. 9 ) A I necessary electrical demolition:cost is based on OF Electric claiming any copper wire that we have to remove, 10 ) Provide and Install all necessary G or W Cable distribution wiring for all pedestals. PHASE 1: 11 ) Electrical permit PHASE2: 12 ) PEDESTAL OPTIONS choose ONE of the totlo>ia► : 13 ) HATTERAS model: 14 ) PHASE 1.Avvik and ins Wf271 Hatteras power pe des tals.heat is the pedestal type breakdown` 15 } -(131 Type A pedestals 16 j -0)TYPOS pedestaf. 17 ) -19)Type Cpedestots 18 ) -(1)Type O pedestals 19 ) -(21 Type Epedestals. 20 ) PHASE2:Provide and install127)Hatteras power pedestals,here is the pedestal type breakdown- 21 ) -(121 Type A pedestals. 22 ) -(0)Type$podestat. 23 ) -(8)Type CDedestais 24 ) -at Typo D pedestals 25 ) -(2)Type Epedestals 26 ) A#above pedestals to have th¢goneral specifications 27 ) Hatteras model pedestal 28 ) -LED light with photocell and clear lens. 29 ) -No water spigot. 30 ) -Copper bus bar PHASE 1: 31 ) -140meters setbetowfor cost to have meters insta3tedi. PHASE2: C) D(CLUSIONS(Cost does not include): i ) Any concrete/asphalt cutting,patching,trenching and/or backfilling 2 1 Drilling any holes in dock timbers. 3 ) Providing or installing any Firehouse pedestals and/or wiring. 4 ) Any low voltage wiring(i.e.telephone,cable TV,fire alarm,etc.). 5 ) Any onshore wiring(cost is based on tying to existing 400A 3-phase feeder). 32 ) LIGHTHOUSE SS model: 33 ) PHASE(:Provide and ins tit 412 VGHTHOUSES.Spo*vreedesta Is,here;s the "pvdes to/type,hreakdowr" 34 ) -(t3)Type A pedestals 35 ) -(t) Type,B pedestal 36 ) -(9) Type Cpedesrats 37 ) -(2) Type D pedestals 38 ) -(2) Typo E pe de s is is. 39 ) PHA SE7:Provide and ins tal)(27)LIGHTHOUSE SS power pedestals.heft is the "pedestoI type breakdowr+' 40 } -(t 2)Type A pedestals. 41 ) -(0l Type 8 pedestal. 42 ) -(8)Typt C pedestals. 43 } -(5)type Dpedes fit is. -- 44 ) -(2)type Epedestals. 45 ) Asabove pedestals to have the genera/specifkations. - 46 ) LIGHTHOUSE SS model pedestal. 47 ) -LED light with photocell and clear lens. 48 ) -No water spigot. 49 ) --Copper .bus bar. PHASE 1: 50 ) -NOmetea see below for cost to have meters installed. PHASE 2: 51 } PWWAL CONFIGURATION TYRES: 52 ) TYPE A: 53 ) -(2)3OA t20VcircOfs(supplied vAh 30 m&am GFlbreakers). 54 ) TYPE8: 55 ) -0120A120Vckruit with standard GF►recsptactt and standardnon-GFlbmakerlsetbabw for cost to change totwist-bck 56 ) and GFlbreakersetup). 51 ) TYPE C 58 j -(2)20A 12OVcircuits with standardGFIr+ectptacttondstandardnon•GFibmaker(seebekrwforcosttochangetotwist-loci 59 j and Gil bmekersetup). 60 y r1PED. 61 ) -(f)30A t 20V ckrcuN(supplied with 30 mitliamp GFt brtaker). 62 } -(t)20A120Vcircuit with 2tandardGFlrrceptack and standard non-GFIbmaker(so@below for cos Ito change totwist•)ock 63 ) and Gftrrakersetup) 64 ) TYPEE 65 j -(t 30A 120Vchcui7 s 01;30 mfiaAy GFlbrrake . 66 ) Ltl;}1TlNG ON NORTH HEADWALK: 67 j Provide and install fourteen(14)'Mariner LED bollard lights along North dock(no pedestals at this location). 68 ) Cost is based on tying to 20A 120V circuit at nearest power pedestal. 69 ) All lights to be controlled by photocell. PHASE 1 ONLY: 70 ) 100A SRIACE(ReOu**dby!Mason County P.U.D.83): 71 ) ftvi&and Ins to#new 400A 120440V i-phase SS C.T enclosure adjacent to existing PVD.transfornxer. 72 ) install now 400A C.T meter socket adpcent to C.T,enclosure(P.U.D.provides meter socket andtmttr) 73 ) Proyide and instal new 400A underground feeders from C.T.enclosure to 74 ) padmount tronsfo►mt PHASE t OWY: 75 ) A DO.ONOFF)WS. 7fi )FA020A ERS: 77 ) meters to as destalsli circuits for PHASE(_ PHASE(: 78 jnwftrs toalr destols ckcuits/orPHASE2. PHASE2: 79 ) TWIST LOCKRECEPTACLES: 80 ) twisf-kxkrect tack and GFibreakertoaN20A pedestalsfpcircuitsforPHASEt. PHASE(: 81 ) Add20Atwist•+ackrect tacleandGRb!taktrtoafi20A pedtstals#p ckruitsforPHASE2. PHA SE2: 82 ) 83 ) TOTALS: 84 ) PHASE 1: Both phases with Hatteras: 85 ) Base Bid with Hatteras: Both phases with Lighthouse SS: 86 ) Base Bid with Lighthouse SS: 87 ) PHASE 2: 88 ) Base bid with Hatteras: 89 1 Base Bid with Lighthouse SS: n Marine Floats 1208 FAN D 5T-TAcuum-WA,98421-253-3H3-2740 t.1;1!'IiU �fOA1h® S4N.( 1•.,3Q' ✓I°OvlO fr OMWN Ar MA"M FLOAT'$PROPEM T1ON DATI 1/8(18 Atv)L0W 4 2 1/el1S TTS.d0ora,n,(w w Flub Capu.aio°mm °n.11,wtp°,.,de,P�,,,,,l,a� EXISTING MARINA LAYOUT 3a/30 f 30/30 770:W!Tf.M P NpF MA)MVE FLOATS AND POTENTIAL PILING WORK V) 30/30 O CORPOMMN HARSTENE POINTE tlAAwK Alx.A(A 3Dr3D K 30/30 RT rtw IXPARTWW Eae$CTIDN=4 SHOK, O TIRE STANDPIPE 2-I/e'HST HALE 70/ED VIM 4A DRAS%ANGLE VALVE o (10) 605£rIK EXTP40WSHRS 75'NAA 30/3D a1,Y AND AT ALL STANDPIPE LOCATIONS 4'x10'PIRG CDUIPDOR STAGMG AREA �.:..,..,_- (S)LDCATWNS WITH 4'f41 BULL RAIL ON VATER SIDE TO Ff"WT EDJP'f0IT LL1S3 8 $IGNS TO BC POSTED TO KEEP AREA CLEAR OF MYAMU a ELECTRICAL PEOESTAI.VITN POTABLE VATUR T U)20/xx Ill)eo/20 4)30/xX (T)30/e0 23( )30/30 0 (14)LIWG nxluRL ° (34)ExISTO1G TINKA PILE rt)RENAU, tiKK13D H2O• }'DU MtIM TUMER P1LC TO/E RENTVED ♦ 20/70 R• U3)VlTMTNDG rmmTEEL PIKE TO BE REPLACED MD 30130 30/30 B 30/30 � � o v 30/30 30/30 30r30 30/36 3L/30 3D/30 30/xK 30/e0 �.Y R 7�; a. ZD/M 30/30 /%X e0/e0 e0/20 ni20 tB/20 90/xx 30/30 - 44' N zo/zD R° eae0 U e0/30 R° o 3n/ao r0/e0 e0/2o eD/eD e0/10 2Dreo erueo r0/3o Sono 3o/x 30/30 DbCIC 3o/3a 30r30 1K 30/LO alto WIN FD/QO /30 3o/xx l � 1 1208 East 'D'Street Mood and Concrete Tacoma.WA 48421 Floating Docks .► !2531383-2740 Boathouses (� Fax 12531383-1102 Design&Permitting N4arch 9. 2)018 Re: Piling Prices Due to the new tariff announcement yesterday, March 8. 2018, the price of steel piling is widely fluctuating from our previous quotation. The supply quotes we based our proposal on was$50/ft for 121"diameter x 0.50 walls hot dip galvanized steel pipe and $62.25/ft for 14"diameter. Our current suppliers cost are $53.55 for 12"and$79.05 for 14". There is much uncertaint% about,what is really going to happen with some suppliers believing that the market will settle down in a short while. But it is unknown. We propose to use our original quoted price as a base.continue to monitor and purchase at what we believe to be the best time and advise what the price increase will be to the contract. The quantities are- 14"diameter- 360' 1'"diameter- 420' We will also explore any engineering to adjust sizes or quantities. 1n any case it is our intent to keep this new pricing as minimal as possible to the project. AC� CERTIFICATE G OF LIABILITY Y INSURANCE oa7E tMMtbO/" 2/23/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- OLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDEP, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WANED, subject to the terms rind conditions of the policy,certain policies may require an endorsement A statement on this cert}ficate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Laura Wilson NAME:A HHNTSCAHLL & ASSOC IN-- PHONE fAr,,NaExt)c (253)272 1151 W Nc),I2s3azT2-1225 1436 S. Union Ave. ADDIEWlaura.wilsonobantschell com tNSURENS)AFFORDING COVERAGE NAIC 0 Tacoma WA 98405-1925 INSURERA:St. Paul Fire & Marine Ins. Co INSURED INsuRERB:Ohio Casualty Insurance Co. "_.. 24074 Marine Floats Corporation rNsuRERc:Travelera Pr9p Cas Co of Am 1208 East D Street INSURER INSURER E: Tacoma WA 98421 INSURERF; COVERAGES CERTIFICATE NUMBER:CL1761918018 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR AGDL$I/BR --- .__..__ - UMBER wD KD LIMITS COMMERCIAL GENERAL LIABILITY "EACH OCCURRENCE S 1,000,000 A CLAIMS-MADE X OCCUR t)AMAGE TO RENTED 50,000 _PREMISES(Ea O=ryence). S _ X NA Stop Gap 15P29020-17 6/21/2017 6/21/2011 :MEDEXP("oneperson) S 5,000 PERSONAL d ADV INJURY S 11000,000 GENl-AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE I 2,000,000 POLICY x RO LOC PRODUCTS•COMPfOPAGG:5 2,000.000 OTHER is AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ,s 1.000,000 (Ea amdant) X ANY AUTO BODILY INJURY(Per person) :S ALL OMtED SCHEDULED e -� - AU70S AUTOS BAip5b 847090 12/16/2D17 12/16/2028:BODILY INJURY(Per eOGde"!S X MF,ED A X NON-0WNEO - E '-- :S UTQ$ (Pw a�dem)AUTOS _ UmrmxedmdarislcomMred S 11000,000 X uMBRELLALIAB OCCUR EACHOCCURRENCE S 11000,000 EXCESS LIAR CLAIMS-AMOE AGGREGATE S 11000,000 DED RETENTIONS ISP42122-17 6/21/2017 6/21/2018 S WORKERS COMPENSATION PE"STATUTE_ 'EP__,_, OTH- AND EMPLOYERS'LIABILITY _. ANY PROPRIETOWPARTNERIEXECUTIVE YIN WA STOP GAP E L EACH ACCIDENT ?S 11000,000 I OFMER/MEMWR EXCLUDED'• NIA ..._.__._. .__._.._._.._..._. ......_. .. _ A (MandatoryfnNH) 15P29020-17 6121/2017 6/31/1018 El DISEASE-EA EMPLOYEES 1.000,000 if ex.oescntx urtler _._...,._._. ..._ DESCRIPTION OF OPERATIONS WO. `E L DISEASE-POLICY UMrr I S 1,000,000 k i DESCRIPTION OF OPERATIONS I LOCATONS I VEHICLES(ACORD 101,AddiVonal Remarks Schedule,may be attached if more space Is recMred) pRE: Replace Marina - Harstene Pointe Marina Certificate holder is included as Primary & Non Contributory additional insured per OMOL0138 7/13. Waiver of Subrogation and completed operations are included per OMOL0138 7/13 attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Harstene Pointe Marina THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 202 E. Pointes Dr. E ACCORDANCE WITH THE POLICY PROVISIONS. Shelton, WA 98584 AUTHORIZED REPRESENTATIVE B Hentschel l/I,JW -_�-- ®1908-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201.401) N CO Q ° COPY 0 BLANKET ADDITIONAL iNSIRiED ENDORSEMENT — INCLUDING COMPLETED OPERATIONS (BROAD FORM) 0 In consideration of an additional premium of $INCLUDED and subject to all terms, $ conditions and exclusions contained in this policy, and further subject to the conditions of this endorsement, it is agreed that: 0 1. Clause 11 - Persons Insured of Section 1: General Conditions is amended to include as an additional insured, with waiver of subrogation if required, any person or organization whom the Named Insured is required to add as an additional insured on this policy under: (1) A written contract; or 2) An oral agreement or contract where a Certificate of insurance has been oissued showing that person or organization as an additional insured; but the m oral agreement or written contract must be; n a Ln H (a) An "insured contract"; o (b) Currently in effect or becoming effective during the term of this policy; u and a (c) Executed or agreed to prior to an "occurrence" or offense that gives rise to a "claim" or "suit". Such person or organization is an additional insured only with respect to liability arising out of work performed for said additional insured by or on behalf of the - Named insured. When required by a written contract or agreement between the Named Insured and the additional insured, shown on a Certificate of insurance provided to this Company, coverage afforded by this policy shall be primary and non-contributory. 2. Where a contract or agreement for the lease or rental of premises obligates the Named Insured to add the manager or lessor of such premises as an additional -_ insured, such manager or lessor is an additional insured only with respect to their :ter liability arising out of the maintenance, operation or use by the Named Insured of that leased premises. This insurance does not apply to: (a) Any "occurrence" which takes place after the Named Insured has ceased to lease or rent the premises; _ (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured; 3. Wnere a contract or agreement for the tease or rental of equipment obligates the Named Insured to add the lessor of such equipment as an additional insured, such lessor is an additional Insured only with respect to its liability arising out of the maintenance, operation or use by the Named Insured of that leased equipment. Name of Insured Policy Number ZOL-15P29020-17-ND Effective Date 06/21/17 MARINE FLOATS CORPORATION Processing Date 06/27/17 15:04 001 OMOL0138 Ed. 07-13 c 2013 The Travelers Indemnity Company. All rights reserved, Page 1 of 2 This insurance does not apply to: (a) Any "occurrence" which takes place after the equipment tease expires; 4, When an additional insured is a partner or member of a partnership, joint venture, or limited liability company, this policy will only respond for liabilities insured hereunder for an amount not exceeding the additional insured's participation in such partnership, joint venture or limited liability company. 5. The inclusion of an additional insured under this insurance does not: (1) Increase the Limits of Insurance set forth under Clause 7, Limits of Insurance, of Section I: General Conditions; (2) Obligate the Company to send notice of cancellation or change of coverage to an additional insured; (3) Apply to an "insured contract" entered into by the additional insured. 6. Insurance afforded to an additional insured under this policy shall not exceed the coverage and/or limits required by the contract or agreement between the Named Ir.su•rid and additions! insured. Nothing herein contained shall be held to vary, after, waive or extend any of the terms, conditions, provisions, agreements or limitations of the above mentioned policy, other than as above stated. OMOL0138 Ed. 67-13 Page 2 of 2 m 2013 The Travelers Indemnity Company. All rights reserved. AGREEMENT BETWEEN OWNER AND CONTRACTOR The Lffective Date of this Contract is: February23,2018 The-Parties to this Contract are: The"OiYner" Hartstene Pointe Maintenance Association -HPMA The"Contractor" Marine Floats Corp -MFC Project Name: The "Architect'or"Engincer:" The"Work:" See"Scope of Work,"Exhibit A,B,C,D,E,F and G Alternates included in the Contract Sum: Contract Sum for the Work: $ 1,400,807.43 -Conditioned by permit approvals (not including soles lac) See Attachment F regarding piling costs. Payments: See Supplemental Conditions (check ane) Date of Substantial Completion of the Work: March 1,2019 Date of Final Completion of the Work: 30 days after Substantial Completion Liquidated Damages: $0.00 per day for each calendar day beyond the Contract Time that Substantial Completion is not achieved. Owner's Permit Responsibilities: None Unit Prices: Minitttam Required Insurance Commercial General Liability: At least$1 million per occurrence and general aggregate. Automobile Liability: At least$1 million Workers' Compensation At least the State statutory amount (industrial insurance: Employer's Liability: At least$1 million Builder's Risk-By Owner Full insurable value (Property Insurance) Property Insurance -MFC MFC responsible for risk while in transit-which includes towing and delivery from MFC facility to the HPMA site and through installation Additional Insured HPMA will be named as additional insured per enclosed certificate from WC's carrier Delivery Liability MFC to be responsible for the towing and delivery to the HPMA site and through installation The Oti1nur and Contractor agree as setJbrth below, Al2T7C1.1 1:TIM',NVORK.The Contractor shall fully execute and complete the entire Work described in the Corm act Documents, including the Alternates listed above. ARTICLE 2: COM[AIENCEMEIt'T AND SUBSTANTIAL AND IFINAL COMPLETION, 2.1 The date of commencement of the Work is the date oftlus Agreement. The Contract Time is measured from the date of commencement to the date of Substantial Completion specified above, as it may be adjusted under the Contract Documents 2.2 The Contractor shall achieve Substantial Completion and Final Completion of the entire Work within the dates specified above,subject to adjustments of the Contract Time as provided in the Contract Documents. ARTICLE 3: THE CONTRACT SUM,The Owner shall pay the Contractor the Contract Sum for the Contractor's performance of this Contract,subject to additions and deductions as provided in the Contract Documents. Sales tax is not included in the Contract Sum. ARTICLE 4. PAYMENT. The Owner will pay the Contractor within thirty(30)days of receipt of an approved Application for Payment in accordance with this Contract. ARTICLE 5: PERMITS AND FEES. 5.1 The Owner will secure and pay for only those governmental pennits,approvals, fees, licenses. inspections, governmental charges and inspection fees listed on the cover page. 5.2 The Contractor shall secure and pay for all other governmental permits,approvals,fees,licenses, inspections, governmental charges and inspection fees required for the prosecution of the Worn. Estimated permitting costs are included in the Contract Sutra for Work and sit listed in attached"Marine Floats Corporation—PERMTITING EXHTBTI'A. Owner will reimburse Contractor for the actual fees charged by governmental agencies for permits. Contractor's cost to procure permits is included in Contract Sum for Work and Owner will pay no additional cost for this service. ARTICLE 6: ENUMERATION OF CONTRACT DOCUMENTS. 6.1 The Contract Documents form this Contract.This Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract Documents shall not be construed to create a contractual relationship of any kind between the Owner and a Subcontractor of any tier, between any Architect and the Contractor,or between any persons or entities other than the Owner and the Contractor. 6.2 The Contract Documents are enumerated as follows and, in the event of's conflict or discrepancy among or in the Contract Documents,interpretation shall be governed in the following order of priority: 1.Agreement 4. Scope of Work(See Exhibit t 2. Supplemental Conditions 3. General Conditions OWNER By f nature) (Pri name tW brie) By _ CON7 ACToi raatureJ (Printed nam ( (Signature) C By (Printed name and title) 'Sign rturC i S. ,e In_ (Printed name find litre) �- Agreement between Owner and Contractor fags: 1 GENERAL.CONDITIONS �J ARTICLE 7 THE CONTRACT DOCUMENTS 7.1 The intent of the Contract Documents is to include all items necessary for the pruper execution and completion of Vic Work by the Contractor. The Contractors performance shall be consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 7.2 "Work"ineans the construction and services required by the Contract Documents and includes all labor,materials,equipment and services to be provided by the Contractor to fulfill its obligations. 73 if the Contractor finds a conflict,error or discrepancy in the Contract Documents,the Contractor shall report it to the Owner in writing at once.The Contractor shall not proceed with the affected Work until it receives a written interpretation or clarification from the Dwner. ARTICLE 8 A DMMSTRATION OF TILE CONTRACT 8.1 The Owner will provide administration of the Contract. If an Architect or Engineer is also involved,its duties beyond those addressed in these General Conditions will be described in an attachment to this Contract. 8.2 Authority.The Owner must approve in writing all changes in the Contract Sum or Contract Time as well as all Change Orders, Construction Change Directives,and payments to the Contractor. The Owner will make any modification or release of any requirement of the Contract Documents, or any approval or acceptance of any portion of the Work, whether or not exMilted in cccordunce with the Contract Documents,exclusively in writing. 83 Rejecdou or Work.The Owner may reject Work that,in its opinion, does not conform to The Contract Documents.If the Contractor fails to correct Work that is not in accordance with the Contract Documents or fails to cant'out the Work in accordance with the Contract Vocumcnis,the Owner may order the Contractor in writing to stop the Work,or any portion thereof,until the cause for that order has boon eliminated,however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right. 8.4 Site Access.The Owner shall have access to and may visit the Work site at intervals it considers appropriate to the stage of the Work to become generally familiar with the progress and quality of the completed Work,but the Owner will not be required it, make exhaustive or continuous on-site inspections to check the quality or quantity of the Work 8.5 Sebmiti1xis.The Contractor shall review, approve and submit to the Owner with reasonable promptness shop drawings, product data, samples and similar submittals required by the Contract Documents.The Owner will review and approve or take other appropriate action upon the Contractor's submittals for the limited purpose of checking for conformance with information given and the design concept expressed by the Contract Documents.The Work shall be in accordance with approved submittals.'I'lic Owner's review and approval does not relieve the Contractor of responsibility for compliance with the Contract Documents. The Contractor shall submit to the Owner any proposed change to or deviation from previously approved documents or submittals. ARTICLE 4 ME CONTRACTOR 9.1 Using its best skill and attention, the Contractor shall perform,supervise and direct the Work.The Contractor shall be solc'.y msponsible for and have control over construction means, methuds, techniques, segiiences.procedures and personnel, foi safety, and for coordinating all portions of the Work under this Contract. The Contractor shall provide and pay for all labor, materials,equipment,tools and machinery,water, heat,utilities,transportation, and other facilities and services necessary for the proper execution and completion of the Work. whether temporary or permanent and whether or not incorporated or to be incorporated in the Work 9.2 Subcontractors.A "Subcontractor"is a person or entity that has a direct contract with the Contractor to perform a portion of the Work err the site or to supply materials or equipment. A "Subcontractor of any tier'includes Subcontractors and lower-lmel ;uheonlnictvrs and suppliers 9.2.1 Identification. As soon as practicable and no later than fbivieen (14) days nfter sward of this Contract, the Cuntractor shall confirm.to the Owner in writing the name,;of the Subcontractors for each portion of the Work. 9.2.2 Subcontracts.Contracts betwom the Contractor and Subconttaelnrsshall require each Subcontractor to hr hound in 1?a Contractor by the trrms of the Contract Documents for the Work to be performed by the Subcontractoi end to assum:: toward the Contractor all the obligations and responsibilities that Vic Contractor,by the Contract Documents,assumes toward the Ow-icr, General Conditions ----"� - CiC-1 !1aymant_. 'Tile Contractor shall promptly pay (and sixure the discharge of any I:ens asserted by) all persons pruperly furnishing tabor, cquipmextt, materials or other items b,, connection with the performance of the Wotk for which die Own&,has paid(including,but not limited to, workers and Subcontractors). The Contractor shall furnish to the Owner releases of liens and claims and other documents that the Owner requests from time to time to evidence such payment (and discharge). Nothing in the Contract Documents shall obligate the Owner to pay or to cause the payment of any moneys due to any- Subcontractor of any tier of other person or entity,except as may otherwise be required by law or regulation. 93 Workers. 'Ile Contractor shall enforce strict discipline and good order among persons carrying out the Work and shall not permit cmploymcnt of unfit parsons or persons nut skilled in tasks assigned to them, At no change to the Contract Sum or Contract Time,the Owner may provide written notice requiring the Contractor to remove from the Work any employee or other person carrying out the Work that the Owner considers objttelionable. 9.4 Warranty, The Contractor warrants tire( materials and equipment furnished under this Contract will be of good quality znd new,that the Work will be performed in a workmanlike manner,free from defects not inherent in the duality required,and that doe Work will conform with the rrquirements of the Contract Documents 9.5 Progress Schedule,Within fourteen (14) days of execution of this Contract, the Contractor shall submit a schedule of the Work to the Owncr("Progress Schedule').The Contractor will be responsible for planning,scheduling,managing,and reporting the progress of the Work in accordance with all of the specific methods and submittals described in the Contract Documents. The Contractor shall use the Progress Schedule as updated)to plan,coordinate,and vrosecutt the Work in an orderly and expeditious manner Start(late based on permit approval. 9.6 Clean-Up, The Contractor shall keep the site and surrounding area free from accumulation of waste materials causecl by optrations under the Contract. 9.7 Indemnlfocstion, 9.7.1 Subject to the following conditions and to the fullest extent permitlW by law, the Contractor shall defend, mdeinnify and hold harrrtltss the Owner and its agents, employees, vmsultants, successors and assigns(together, the "Indemnified Parties') from and against all claims, damages, losses and expenses, direct and indirect, or consequential, including but not limited to costs, attorneys' fees, and other litigation expenses incurred on such claims and in proving the right to indennifieation, arising out of or resulting from the ptrformancc of the Work by or any act or omission of the Contractor,its agents,any Subcontractor of any tier,and anyone directly or indirectly employed by them(together,the"Indemnitoel. The Contractor will fully indemnify and defend the Indemnified Parties for the sole negligence of the Indemnitor. .2 The Contractor will indemnify and defend the Indemnified) Parties for the concurrent negligence of the indemnitor only to the extent of the indeninitor's negligence. 'Ile Contmetor agrees to being added by the Owner as a party to any mediation, arbitration or litigation with third parties in which the Owitea alleges indemnification or contribution from the Indemnitor. The Contractor ngrccs that all or its Subcontractors of any tier will similarly sfipolate in their subcontracts. To the extent a court or arbitrator strikes any portion of this indemnification provision for any reason,all remaining provisions shall retain their vitality and rfrccl 9.7.2 After mutual negotiation of tare parties,the indemnification obligation shall not be limited by the amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation nets, disability benefit acts or other employee benefit acts in claims by an employee of the Contractor or a Subcontractor of any tier against any person or entity indemnified under this Paragraph 9.7_ For the stele purpnsc of effecting the indemnification obligations under this Contract and not for the benefit of any third parties unrelated to the Owner, the Contractor specifically and expressly waives any immunity that may be granted it under Title 53 RCW, "Industrial Insurance." IF THE CONTRACTOR DOES NO AGREE WTITI THIS WAIVER, IT MUST PROVIDE A WRfTTEN NOTICE TO THE OWNER PRIOR TO THE DATE FOft THE RECEIPT OF BIDS, OR THE CONTRACTOR WnJ. BF DFFNT.D TO HAVE NEGOTIATED AND WAIVED THIS IMMUNITY `t.& Records,The Contractor shall maintain and luescrve books,lodgers,records,estimates,correspondence, logs,schedules, electronic data and other documents relating or pertaining to the costs and/or performance of the Contract ("records'). Within reyen () days of the Owner's rcgtirst, the Contractor shall make available at the Contractor's office all records for inspection, audit and reproduction (including electronic reproduction) by the Owner's representatives. These: requiremenLs apply to each Subcontractor of any licr The Contractor aWccs, on behalf of itself and Subcontractor of any tier, that the invocation of any right- under RCW 42 56 shall initiate an equivalent right to disclosurtrs from file C'orotiactor and Subctrntrawors of any tier for the benefit of the Owner. 9,9 Compliance Ailh La".The C'untractnt, its etripieytxs,Subcontractors of any tie; and representatives, shall cctnply wits, i:ll i,,:plicahlc la"s,nrdinaerct s,sfatutts,Pules and regulation-, federal and sate,ecunty anti municipi.l Geuerul Conditions GC'-' 0.4.i Hours of L-bor.I ne Cuntmelor shall comply with all applicable provisions of RCii,'49.28. 9.93 Worker's Right to Know. 1 he Contractor shall comply with RCW 49.70 and WAC 296-62-054 regarding orxtrlacc surveys and material TaFt,)data sheets fm 49tazardous"chemicals at the Project site. ARTICLE 10 CONSTRUCTION BY THE OWR'FR OR BY SEPARATE CONTRACTORS 10.1 The Owner may perform construction or operations related to the Project with its own forces and may award separate contrazts in conncction with other portions of the Project or other construction or operations on the site under contractual conditions consistent with those or the Contract Documents. 10.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for the introduction and stornge of their materials and equipment and performance of their activities,and shall connect and coordinate the Contractor's construction, and operations AgTIa.£l i CHANGES IN THE WORK 11.1 The Owner, without invalidating this Contract, may order changes in the Worse consisting of additions, deletions or modifications{"Changes"), and the Contract Sam and Contract Time will be adjusted accordingly.Changes in the Work, to the Contract Sum and/or in The Contract Time shall be authorized only by written Change Order signed by the Owner and the Contractor or by written Construction Change Directive signed by the Owner. 1.1.1 Charze Orders. A Change Orda is a written instrument signed by the Owner and the Contractor staring their agreement upon a change in the Work,the amount of any adjustment in the Contract Sum, and the extent of any adjustment in the Contract Time. I I.L2 Construction Chance Directives. A Construction Change Directive is a written order prepared and signed by the Owner that directs a change in the Work and states a proposed basis for any adjustment in the Contract Sum and/or Contract Time It is used in the absence of total agreement on the terms of a Change Order. fine Contractor shall promptly proceed with the change in the Work described in the Construction Change Directive. As soon as possible, and within sevien (7) days of receipt, the Contractor shall advise the Owner in writing of the Contractor's agmement or disagreement with the cost or the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sutn or Contract Time. 11.2 Costs of Changes and Clfllrns.If the parties cannot agree on the cost or credit to the Owner from a Construction Change Directive or other Change in the Work,the Contractor and all affected Subcontractors of any tier shall kccp and present an iternizei accounting with supporting data.The total cost of any Change or Claim shall be limited to the reasonable value of the direct labor costs,material costs,construction equipment usage costs for the actual time equipment appropriate for the Wort, is used solely on the Change in the Work,the cost of any change in insurance, Subcontractor costs, and a fee for all combined overhead and profit, including impact costs of any kind, limited to twelve percent(IM)of the cost for tiny materials or work performed by the forces of The Contractor or a Subcontractor and eight percent(8%)of amounts due to Subcontractors. 11.3 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site that are(1) concealed pbysicul conditions that differ materially from those indicated in the Contract Documents or(2)unknown physical conditions of an unusual nature that differ materially from those ordinarily found and generally recognized as inherent in activities of the character provided for in the Contract Documents, then the Contractor shall give written notice to the Owner promptly before conditions are disturbed and in no event Iatcr than seven (7) days after the first observance of The conditions. The Contractor tthall make any Claim arising from such condition in accordance with the dispute resolution procedures of Article 19. ARTICLE 12 TIME 12.1 Delay. I2-1.l trine. If the Work is delayed by chwiCes ordetee in the Work,unanticipated gerterrri labor disputes,fire,unusual cclay to dciiveriers, abnormal adverse: weather conditions not reasonably anticipatable, unavoidable casualties or any other cause e beyond the Contractor's control, ther. the Contract Time shall be extearded by Change Order to the extent the critical path is affected 12 1.2 IJamagcs, the t:oniructor and Sub-contractors shall be entitled to damages for delay only where the Owner's zctions of inactions were the actual,substantial cause of the delay and where the Contractor could not have rcasonnbly avoided the delay by the excrcisc of due diiigencc- 12 t -r (4,ntrurtor Deli;% If;;delay wins caused by the Contactor,a Sutrrontract)r or any tics,or nnvoric actmp on bG a.tf General Conditions - ___ GC-3 of arty of ibem,the Contractor is not entitled to an increase in the Contract Time or in the Contract Sum. 12.2 Completion and Llquldated Damages. The timely completion of the Project is essential to the Owner.The Owner wil; incur serious and substantial damages if Substantial Completion of the Work does not occur xithin the C.onraet Time. The Contractor is responsible for actual damages for delay unless an amount is inserted on the cover page for liquidated damages, in which case the liquidated damage amount shall apply.Liquidated damages shall not be affected by partial completion,r=uparicy,or beneficial occupancy. ARTICLE 13 PAYMENTS AND CO!NPLETION 13.1 Payment►.Payment shall be made as provided in this Contract,including any Supplemental Conditions. 131 Withheld Payment. The Owner may withhold payment in whole or in part,or it may nullify the whole or part of a payment previously issued, on account of(1) defective Work not remedied, (2) claims, or liens riled by third parties, (3) failure of the Contractor to make aayments due: to Subcontractors or for labor, materials or equipment,(4) damage to the Owner or another contractor, (5)reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum,(6)reasonable evidence that the unpaid balance would not be adequate to cover actual or liquidated damages for delay for which the Contractor is responsible,(7) failure to carry ant the Work in accordance with the Contract Documents, or(8)liquidated datrages. The Owner will provide the Contractor with written notice of its intent to implement this provision and provide details supporting the Owner's intention.The Contractor will be afforded reasonable time following receipt of such notice to respond to or correct the circumstances provoking this action by the Owner. 13.3 Substantial Completion. 13.3.1 Substantial Completion is the stage in the progress of the Work when the construction is sufficiently complete, in accordance with the Contract Documents,so the Owner can fully utilize the Work(or a designated portion)for its intended use.All Work other than incidental corrective or punchlist work and final cleating shall have been completed.The Work is not Substantially Complete if all systems and parts affhetod by the Work arc not usable,any required occupancy or use permit has not boen issued,or if utilities affected by the Work are not connected and operating normally.The fact that the Owner may use or occupy some or all of the Work does nut indicale that the Work is Substantially Complete,nor does it toll or change any liquidated damages due the Owner. 13.3.2 When the Contractor believes that the Work has achieved Substantial Completion, it shall notify the Owner in writing.When the Owner agrees,it will issue a Cestiftcate of Substantial Completion. 13.3.3 Immediately before any occupancy, the Owner will schedule an inspection tour of the area to be occupied. Representatives of the Owner and the Contractor will jointly tour the area and record items still remaining to be finished andfor corrected.The Contractor shall promptly supply and install any such items as well as items missed by the inspection but required or necessary for Final Completion as a part of the Contract Sum. 13A Final Completion. After die Contractor has notified the Owner that the Work has been concluded,and the Contractor has submitted the items listed below as may be required at the discretion of the Owner,the Owner will determine in writing,that Final Completion has occurred. .I A fnei Application for l aytment. .2 An affidavit that ale payrolls,bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or its property might in any way be responsible or encumbered,have been paid or otherwise satisfied. .3 Consent of surety to final payment. A A ecr'.ifteate evidencing tha! insurance ruquircd by the Contract Documents to remain in furze uricr final payment Is currently in effect and will not be cancelled or allowed to cxpirc until at least thirty(30)days'prior written notice has been given to the Owner. 5 A written statcmGtl that the Contractor knows of no substantial reason why the insurance will not he renewatdr to cover the period r quircd by the Contract Documents. .6 Othc, data establishing payment or satisfaction of or protectiuu (satisfactory to the Owner) against al' obligations,such as receipts,r0cascs and waivers of liens and claims .7 A ucrtitied statement that thv Conuactur has closed all necessary pc-mite vt otherwise mcu the requirements of all governing jarisdictions related to this Projmv ,F All deliverables re:.quircd by the Contract Dozuinent:: t ie:=Ld Conditions -- GC-4 A certification that the materials in the Work are"lead-free"and"asbestos fie:." .10 A legible hard copy of file as-built drawings. 13.5 Final Acceptance and Final Payment. 13.5.1 Completion of the contract Work shall occur after Final Completion has been achieved and the: Owner has formally accepted the Project("Final Acceptance"). Final Payment shall not become due unfit after Final Acceptatux. 13.5.2 If any Subcontractor of any tier refuses to furnish a release or waiver required by the Owner,the Owner may retain an amount to defray the cost of foreclosing the liens of such claims and to pay attorneys'fees,the total of which shall be no less than one hundred fifty perecnt(150%)of the claimed amount.If any such lien remains unsatisfied after all payments are made. the Contractor shall refund to the Owner all moneys that the latter may be compelled to pay in dischaging such lien, including all costs and reasonable attorneys'fees. 116 Waivers. 13.6.1 _Final Payment by the Owner.The making of final payment constitutes a waiver of claims by the Owner except those arising from(1) lions,claims,security interests,or encumbrances arising out of the C.ontracl and unsettled;(2) failure of the Work to comply with the requirements of the Contract Documents;(3)Work subsequently found to be substandard and/or deficient; or(4)terms of warranties required by the Contract Documents or law. 13.6.2 Final Pa_ymen4 to the Contractor.Acceptance of final payment by the Contractor constitutes a waiver of Claims except those previously made in writing and specifically identified as unsettled or,the final Application for Paymem. 13.6.3 Change Orders.The execution of a Change Order conalituies a waiver of Claims by the Contractor arising out of the Work to be performed or deleted pursuant to the Change Order,except as specifically described in the Change Order. 13.6.4 Reservation of Rights. If the Contractor adds to a Change Order, a Construction Change Directive,or any other document a reservation of rights that has not been initiated by the Owner, any amounts previously agreed shall be considered disputed and not yet payable unless the costs are re-negotiated or the reservation is withdrawn or changed in a manner satisfactory to and initialed by the Owner 13.6.5 Failure to Exmisc. The Owner's failure to exercise airy of its rights under this Contract shalt not constitute a waiver of any past,present or fitture right or remedy.Any waiver by Ore Owner of any right or remedy under this Contract must be in writing and shall apply only to the right or remedy specified 13.7 Warranty of Title The Contractor warrants and guarantees that tide to the Work,materials and equipment covered by Ett Application for Payment,whether or not incorporated in the Project,will pass to the Owner no later than the time of payment,free and clear of Iierm. ARTICLE 14 PROTECTION OF PERSONS AND PROPERTY 14.1 I"hc Contractor shall be solely responsible,and the Owner shall not have responsibility,for all aspects of safety related tc. this Contract or the Work, including initiating,maintaining,and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable prolecliun to pre vent damage,injury or loss to,persons or property. 14.2 'Iltc CentraetOr shall promptly remedy to the Owner's satisfaction damage or loss to property at the site caused in whole or in part by Vic Contractor, a Subcontractor of any tier, or anyone directly or indirectly employed by any of[hem,or by anyone for whose acts they may be liable,except for damage or loss alidbutable to alas or omissions of the Owner or by anyone for whose acts the Owner may be liable that are not attributable to the fault or negligence of the Contractor or a Subcontractor of any tier. 14 3 The Contractor shall not be required to perform without consent any Work relating to asbestos or polychlorinated biphenyl,unless idcntified as such in the Contract Documents ARTICLE 15 INSURANCE AND BONDS 15.1 The Contraclur shall, at its own wet,purchase from a company or conrpanics mitfrorized to do business in the State err Washington possessing a Ut:si's policyholder's rating of A- of better and a financiul rating of no less than V11, and r'ensonab:4 acceptable to the Owner,and maintain during the life of this Contract, at least the following insurarocc.The Contractor shall atso cause it.. Sutwonrractors of any tier to secure: anti maintain at least the following insurance. The insurance shall be in force at tilt lime rile N'ori is ccommunccd and shall remain in farce until Subs'.antinl Completion,unless a later date is specified bafoss Gencrul Conditions G( 5 15.1.1 Contractor's Liability Insurance. The Contractor shall purchase and maintain an occurrence-based Commercial General Liability insurance Policy and such other insurance as will provide protection from claims set forth below which may arise out of or result from Contractor's operations under the Contract Documents, whether to be performed or furnished by Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: .I Claims under workcrs' compensation, disability bcriefrts and other similar employee benefit acts, as required by the laws of the state of Washington,including Contingent Employers Liability(Stop Gap) for all employees of the Contractor and Subcontractors; .2 If there is an exposure for injury to Contractor's or subcontractors' employees under the United States Longshoremen's and Harbor Workers' Compensation Act, the Jones Act or under laws, regulations or statutes applicable to maritime employees, or any similar laws, regulations or statutes,coverage shall be included for such injuries or claims. .3 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees and of any person other than the Contractor's employees; .4 Claims for damages insured by personal injury liability coverage that are sustained(a)by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor,or(b)by any other pet-son for any outer reason. .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located,including loss of use resulting therefrom; .6 Claims arising out of operation of laws or regulations for damages because of bodily injury or death of any person or for damage to property; .7 Claiins for damages because of bodily injury or death of any person or property damage arising out of the ownership,maintenance or use of any motor vehicle, including coverage for Owned Motor Vehicles, Non Owned Motor Vehicles and Hired or Borrowed Motor Vehicles;and .$ The comprehensive general liability insurance required by this paragraph must include contractual liability insurance applicable to Contractor's obligations under Paragraph 9.7. 15.1.2 Propet�nsurance,Cover page under"Mirtlmutn Required insurance defines Builder's Risk insurance is the responsibility of FII'il4A while the docks are at MFC's facility and AffC is responsible while being towed to the HPMA site and through installation. Unless otherwise provided in the Contract Documents, the Contractor shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof(subject to any deductible amounts that may be provided in the Contract Documents). This insurance shall include the interest in the Work of the Owner,Contractor,Subcontractors of any tier, any Architect --nd consultants, all of whom shall be listed as insureds or primary, non-contributing additional insured parties.Additional insured status shall be evidenced by internal policy provision or by scparate external endorsement.This insurance shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including, without duplication of coverage, theft, vandalism and malicious mischief, collapse, false work and water damage, temporary buildings and debris removal (including demolition occasioned by enforcement of any applicable legal requirements),and such other perils as may be provided in the Contract Documents, and shall include damages, losses and expenses arising out of or resulting from any insured loss or inured in the repair or replacement of any insured property(including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all risk" insurance or otherwise provided in 11tc Contract Documents,the Contractor shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The Owner shall bear r.r responsibdily for such portions of the Work or the consequences or their damage or loss. 15.1.3 Bv",,cr and Machinery Insurance.The Contractor shall purchase and maintain such boiler and machinery insurance for applicable equipeur' utilized or contained in the Work, which will include the interests in the Work of the Owner,Contractor, Subcontracwr,. nay V l itect, and consultants, all of whom shall be listed as insured or additional insured parties. N/A 15.1.4 1t;u_: a£t insurance. If the performance of the Work requires the use of any watercraft that are owned, leased, rented or chartere( hhr the• Contractor or any of its subcontractors, the Contractor shall secure and maintain Watercraft Liability insurance for property damage and bodily injury. 15.3 'lie Owner's specification or approval of insurance in this Contract or of its amount shall not relieve, limit or decrease die liability of the Contractor under the Contract Documents or otherwise. Coverages are the minimum to be provided and are not limitations of liability under Ou Contract, indemnification, or applicable law provisions. The Contractor may, at its expense, purchase larger cn:�rage amounts or additional insurance. General Conclitit+ns GC-6 applicable to the Work, and also waive such rights against the Subeontract insureds ir• such policies on. Architect, consultants and other parties named as for losses and damages so caused.Each subcontrac, between the Contractor and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of the Owner,Contractor,Arrchitect,consultants and all other parties named as insureds. None of these waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by the Owner as Trustee or othervAse payable under any policy so issued. 15.4.2 The Owner and Contractor intend that any policies provided in response to Paragraphs 15.1.2 and IS.1.3 shali Protect the parties insured and provide primary coverage for losses and damages caused by the perils covered thereby. Accordingly,such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery agair:st any of the parries named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by the Architect or its consultant,the Owner wilt obtain the same,and if such waiver forms are required of any Subcontractor,the Contractor will obtain the same 15.5 Any insured loss under the policies of insurance required by paragraphs 15.L2 and 15.1.3 will be adjusted with the Owner and made payable to the Owncr as Tnmtec for the insureds,as their interests may appear, subject to the requirements of any applicable mortgage clause. The Owner shaft deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Contract Modification or Written Amendment,or be a separate contract,at the Owner's option. 15.6 Endorsements. 13.6.1 The Owner, its officer and employees shall be named as a primary, non-contributing additional insured and coverage shall apply on a primary and non-contributory basis on such policies other than Workers' Compensation. Additional insured status shall be evidenced by inte,-na!policy provision or by separate external endorsement.Policies shall contain a provisior that the Owner shalt be given thirty(30)days'written notice by certified mail before cancellation of any insurance or reduction of the amount thereo`, or any alteration, modification, restriction or material change thereto. No such cancellation, reduction.. alteration, modification, restriction or material change in any policy shall relieve the Contractor of its obligation to maintain coverages in accordance with the Contract Documents. 15.6.2 All insurance policies to be maintained by the Contactor shall provide for Waiver of Subrogation in favor of the Owner. 15.6.3 All insurance policies, except Workers' Compensation, to be maintained by the Contractor shall provide 5cverability of Interests or Cross Liability Clause and provide that the insurance shall he primary and not excess to or contributing with any insurance or seif-insurance maintained by the Owner. 15.7 Certificates evidencing that satisfactory coverage of the type and limits set forth in the Contract Documents shall be furnished to the Owner in n form acceptable to the Owner and shalt contain provisions consistent with Paragraph 15.6. 15.9 Irrespective of the requirements of the Contract Documents as to insurance to be carried by the Contractor,insolvency, bankruptcy or failure of any insurance company to pay all claims accruing,shall not be held to relieve the Contractor of any of it_i obligations. 15.9 Tile Contractor shall defend, indemnify and hold the Owner harmless from any failure of the Contractor or its Subcontractors of any tier to secure and maintain insunance as required by this Contract. ARTICLE 16 CORitECTIOti 01"WORI( 16.1 The:Contractor shall promp'ly cornet Work rejected or failing to conform to the requirements of the; Contract Documents at env time through a period of one (1)year from the date of Substantial Completion of this Contract or by urns of a longer manufacturer's warranty or an applicable special warranty required by the Contract Documents. 16.2 Ir the Contractor fails to carry out or correct Work that is not in accordance with the Contract Documents, the Ownc, may, by written order, require the Contractor to stop the Work or any portions thereof until the cause for the order has been eliminated,and the Owner may take over and correct some or all of the non-conforming Work at the Crintractor's cost. 16.3 Nothing in this Article shall be construed to estahlish a period of litnititirm with respcxt to other obligations that the Contracto-might have under the Contract Documents, ARTICLE 17 MISCGI,I,ANEOGS PROVISIONS I7.1 Applicable 1.aw. This Contract shall he govcrT1W by the internal law of the Stnte of Washington, without regard to its (icneral Conditions - GC-7 choicc•of-law provisions '7.2 Compliance with Law.ills Contractor shall give notices and comply wi t applicable laws, rules, regulations and orders o;public authorities, including but not limited to RCW 39.06 and RCW 18.27(Registration), RCW 49.60(Discrimination), RCW 70.Q2 (.Aged and Handicapped Persons), WAC 296-155(Safety Standards), RCW 50.24(Unemployment Compensation), RCW 51 (Industrial Insurance); RCW 82 (State Excisc Tax Registration),and RCW 49.26(any mbesios removal). 17.3 Assignment. The Contractor shall not let, assign or transfer this Contract,or any interest in it or part or it, without the written consent of the Owner, 17.4 The Owner's Site Rules. The Contractor shall comply with the Owner's site and conduct rules. 17.5 Sanivnl of Clauses.The warranty, dispute resolution,and indemnification provisions of this Conttnct shall survive the termination,cancellation or expiration of this Contract. 17,6 Writing Required. No addition to or modification of this Contract or waiver of any provisions of this Contract shall be binding on either Party unless explicitly made in writing artd executed by the Contractor and the Ownc. ARTICLE IS TERMINAnON OF THE CONTRACT 18.I Termination for Cause by the Contractor. If the Owner fails to make payment of undisputed amounts for a period of sixth(60)days through no fault of the Contractor,the Contractor may, upon seven(7)additional days'written notice(during which time the Owner has the right to cure), terminate the Contract and recover from the Owner payment for all Work executed in accordance with the Contract Documents- 18.2 Termination for Cause by the Owner.The Owner may,upon seven(7)days'written notice to the Contractor,terminate. without prejudice the whole or any portion of the Work for cause, including but not limited to the Contractor's material breach of this Contract;failure to prosecute the Work or eny portion thereof with suMcic nt diligcnoc to ensure the Substantial Completion of the Work within the Contract Time; failure to supply a t;u(Ticirnt number of properly skilled workers or proper materials;material disregard of laws, ordinances, rules, regulations or orders of any public authority having jurisdiction;or being adjudged bankrupt. making a general assignment for the benefit of its creditors, or having a receiver appointed on account of the Contractor's insolvency. 18-3 Termination for Convenience by the Owner. The Owner may,at any time upon seven (7) days' written notice to the Contractor, terminate (without prejudice to any right or remedy of(he. Owner) the whole or any pcx-tion of the Work for the convenience of the Owner.The Owner shall be liable to Contractor only for the amount reasonably incurred to date and due under Article 13 for the performance of the Work terminated and other prc•approved costs, consistent with the Paragraph 11.2,necessary and reasonably incurred in connection with the termination of the Work. 19A Effech of Tenninntion. 18.4.1 The total :urn to be paid to the Contractor under this Article 18 shall not exceed the Contract Sum as reduced by toc amouni of paytnrnts otherwise made. 19.4.2 Unfess the Owner directs otherwise,after receipt of a notice of termination by the Owner, the Contractor shall promptly stop Work as specified in the notice of termination; place no further orders or subcontracts, except as necessary for comple:iun of non-terminated Work; procure cancellalion of all orders and subcontracts to the extent related to the performance of terminated Wot1:,•assign to the Owner all of the right,title and interest of the Contractor under all orders and subcontracts; with the Owner's approval,settle outstanding liabilities and claims arising out of such termination of orders and subcontracts not assigned to the Owner, transfer title and deliver to the entity or entities designated by the Owner the Fabricated or unfabricated parts,Work in Process,partially completed suppliwc and equipment,materials,parts,tools,dies,jigs and other fpxturrs,completed Work, supplies and other mareria! produced as part of,or acquired in connection with the performance of,the Work terminated,and the completed or pamally completed plans,drawings, information and other property related to the Work;take such action as may be ncommry or as directed by the Owner to preserve and protect the Work and property related to the Project in the possession of the Contractor -n which the Owner has an interest;and continue performance only to the extent not terminated. 19.5 Suspension.7hr. Owner tnay, at its option and at any time,suspend the Contractor's performance of some or raft of the Work. The Owner will give the Contractor notice of any such suspension,including the scope of the suspension and the Owner's estimate of the durttion of such suspension During the period of suspension,the Contractor shall use its best efforts to minimize costs associated with such suspension and to protect and maintain the Work. As full compensation for any such suspension, the Contractor will be eligible for an cquiiabic adjustment,which shall not include consequential or indirect damages.Upon receipt of the Owner's notice to resume the suspended performance,the Contractor shall immediately resume performance to the extent required in the notice. General Conditions Gt'_K ARTICLE 19 DISFVCE RESOLUTION 19.1 All claims, disputes and otber matters in question of the Contractor, direct or indimct, arising(rut of, or relating to, the Contract Documents or the breach theroof("Claines")shall be decided exclusively by the following dispute resolution prooedure. Failure to comply with the requirements of this Article 19 shall constitute waiver of the Claim. 19.2 Notice of Claim.The Contractor shall submit notice of all Claims to the Owner in writing within set-on(7) days of the event giving rise to them and shall include a reasonable description oftheevent and its probableeffect. 193 Claim Submission. Within thlrfv (30) days of the effective date of submitting the notice in Paragraph 19.2, the Contractor shall provide the Owner with a written Claim that includes a clear description of the Claim,all changes in cost and in lime (direct,indirect,impact,consequential,and otherwise)to which the Contractor and Subcontractors of any tier are entitled,and data supporting the Claim. No act, omission,or knowledgei actual or constructive,of the Owner or any Architect shall in any way be deemed to be a waiver of the requirement for a timely written notice and a timely written Claim unless the Owner and the Contractor sip.1 an explicit,unequivocal written waiver. 19.4 Effective Date.Unless otherwise specified in the Contract Documents, the effective date of any notice or request given to connection with this Contract shall be the date on which it is delivered to the Owner. 19.5 Informal Rtsolution.The Owner will make a determination of the Claim submitted.If the Contractor disagrees with the determination and wishes to pursue the Claim further,the Contractor must,within jouriezn(14)daja of receipt of the determination, provide the Owner with a written request that a representative of the Contractor, any Architect, and the Owner meat confer, and attempt to resolve the claim. This meeting will then take place at mutually convenient time and place within fourteen(14)days of the Contraetor'srequest. 19.6 Mediation. The Contractor may not bring any litigation against the Owner unless the Claim is first subject to mediation under the Construction industry Mediation Procedures of the American Arbitration Association("AAA').'this requirement cannot be waived except by ten explicit written waiver signed by the Owner and the Contractor.To initiate the mediation process, the Contractor shall submit a written mediation request to the Owner within thirty(30)days after the meeting undertaken in Paragraph 19.3. If the parties are unable to agree to a mediator within thirty(30)days after the Owner's receipt of the written request for mediation,either party may submit a request for mediation to the AAA.An officer of the Contractor and the General Manager or designee of the Owner,both having fun authority to settle the Claim,must attend the mediation session. To the extent there arc other parties in interest,such as Subcontractors and insurers,their representatives,with full authority to settle the Claim,shall also attend the mediation session. All unresolved Claims in the Project shrill be considered at a single mediation session that shall occur prior to Finai Acceptance by Owner. 19.9 i,itigation. The provisions of Paragraphs 19.1, 19.2, 19.5, and 19.6 are each a condition precedent to the Contractor bringing litigation.All unresolved Claims of the Contractor shall be waived and released unless the Contractor has strictly complied with the time limits of the Contract Documents, and litigation is served and fled within 120 days after the Date of Substantial C.omp)ction as designated in writing by the Owner.This requirement cannot be waived except by an explicit written waiver signed by the Owner and the Contractor.The pendency of mediation shall toll this filing requirement. 19.9 MRintenance of Responsibilities.The parties shall diligently carry on their respective obligations and responsibilities and maintain ttte Prngress Schedule during any dispute resolution proceedings,unless otherwise agreed by both parties in writing. 19.9 Waiver.The requirements of this Article 19 cannot be waived except by an explicit written waiver signed by the Owner and the Contractor.The fact that the Owner and the Contractor may continue to discuss or negotiate a Claim that bas or may have been defective or untimely under the Contract Documents shall not constitute waiver of the provisions of the Contract Documents miles the Owner and Contractor sign an explicit,unequivocal written waiver approved by the Owner's Hoard of Commissioners. General Conditions GYC;_9 Supplemental Conditions I. Progress Payments.Progress payments shall be made monthly for Work that is duly approved rind performed during the calendar month preceding the Application for Payment according to the following procedure 1.1 Schedule of Values. Prior to submitting its F"t Application for Payment, the Contractor shall subtrut to the Owner a schedule of values allocating the Contract Sum to the various portions that comprise the Work. The schedule of values shall be prepared in such form and supported by such data as the Owner may require. The schedule of values shall. allocate at least throe percent(30,0)of the original Contract Sum to that portion of the Work between Substantial Completion of t,sic Work and Final Completion,which will be earned upon Final Completion and distributed in the final payment 1.2 Dmft Application. Within the first seven (7) days of each month, the Contractor shall submit to the Owner a report on the current status of the Work as compared to the Progress Schedule and a draft, itemized Application for Payment for Work performed through the prior calendar month. This shag not constitute a payment request. '!he Contractor, the Ovmer and the Architect or Engineer(if any)shall meet within the next seven(7)days and coffer regarding the current progress of the Work and the amount of payment to which the Contractor is entitled.The Owner may request the Contractor to provide data substantiating the Contractor's right to payment, such as copies of requisitions or invoices from Subcontractors, The Contractor shall not be entitled to make a payment request,nor is any payment due the Contractor,until such data is firmished. 1.3 Payment Regue.{t, Within sewn (7) days after the Contractor and the Owner have met and conferred rogarding the draft Application for Payment and the Contractor has furnished all data requested, the Contractor may submit a payment request in the agreed-upon amount, in the form of a notarized, itemized Application for Payment for Work performed during the prior calendar month on a form supplied or approved by the Owner. Among other things, the Application shall state that ail payments due Subcontractors from the Owner's prior payments have been made. The Application shall constitute the Contractor's representation that(1) all payments due Subcontractors from the Owner's prior payments have been made and(2)the Wort:is current on the Progress Schedule,unless otherwise noted on the Application.if the Contractor believes it is entitled to payment for Work performed during the prior calendar month in addition to the agreed-upon amount,the Contractor may, within the same time period,submit to the Owner a separate written payment request specifying the exact additional amount due, the category in the schedule of values in which the payment is due,the specific Work for which the additional amount is due, ;rid why the nddidonal payment is due. 1.4 Payments to_SubcUntrnctors-. No payment request strall include amounts the Contractor does not intend to pay to a Subcontractor, lE after making a request for payment but hcfore paying a Subcontractor for iti performance covered by tlic payment request, the Contractor discovers that part or all of the payment otherwise due to the Subcontractor is subject to withholding from the Subcontractor for unsatisfactory performance, the Contractor may withhold the amount as allowed under the subwntract, but it shall gi-vu the Subcontroctor and the Owner written notice of the remedial actions that must be taken as soon as practicable after determining the cause for the withholding but before the due date for the Subcontractor payment, and pay the Subconirncter within eight(8) working days after the Subcontractor satisfactorily completes the remedial action identified in tic notice. l.5 Upon completion of the Work,Contractor shall submit a Request for Final Payrucut.C,crlif:cate and Release forni and itemized invoice to the Owner for approval and pavmcnt S.:pplemental Conditions SC-1 Scope of Work SEE EXHMrFS"A,B,C.D.E and F ATTACHED DocuSign Envelope ID:5F1 C3AE2-9FF3-4665-B5FC-AEC5C71635F7 �"! ^1'J J MASO'" COUNTY COMMUNUY SERVICES Per*nit No: (,,mZ _ �w{ 'j PERM' S/STANCE CENTER. •BUILDINU•PLANNING•PUBLIC HEALTH•FIRE MARSHAL Qj) 615 W.Alder Street,Shelton,WA 98584 Phone Shelton:(360)427-9670 ext.352•Fax:(360)427-7798 Phone :�/'1 Belfair.(360)275.4467•Phone Elma:(360)482-5269 ND BUILDING PERMIT APPLICATION 6 . 2020 . PROPERTY OWNER INFORMATION: CONTRACTOR INFORMATION: NAME:STEe j\K z(-(R ry H-(YI ANAes—E NAME: m i S r Str�� MAMING ADDRESS:-�,Oa S, P0)N7-,t_;i _Q1? T::7 MAILING ADDRESS: , D, CITY: D STATE: U)A ZIP:g CITY: &0AAj%o STATE: t4 ja ZIP:Sg �1f PHONE#I: &D- PHONE:a�ZL ELL: PHONE#2: EMAIL: jr HAS d)onap.i(U1°PDA?S COIL! EMAIL: L&I REG# &/306!S rj 36 EXP.3 IaLl�aj PRIMARY CONTACT: OWNER❑ CONTRACTOR,' OTHER El NAME [—O F ZXapI tJE- A' S EMAIL S MAILING ADDRESS CITY STATE ZIP PHONE CELL PARCEL INFORMATION: PARCEL NUMBER(12 Digit Number) ZONING LEGAL DESCRIPTION(Abbreviated) FIRE DISTRIC SITE ADDRESS CITY DIRECTIONS TO SITE ADDRESS Glitif IS THE PROJECT WITHIN 300 FT OF SLOPE(S)GREATER THAN 14%: YES[] NO❑ SNOW LOAD:_ sf IS PROPERTY WITHIN 200 FT OF THE FOLLOWING: (Check all that apph): SALTWATER❑ LAKE❑ RIVER/CREEK❑ POND❑ WETLAND❑ SEASONAL RUNOFF❑ STREAM❑ TYPE OF WORK: NEW❑ ADDITION❑ ALTERATION❑ REPAIR A OTHER ❑ USE OF STRUCTURE(Residence,Garage,Commercial /�t Bldg,Etc) A / I A IS USE: PRIMARY❑ SEASONAL❑ NUMBER OF BEDROOMS NUMBER OF BATHROOMS HEATED STRUCTURE? YES(note Bldg)❑ YES(Part(sjofBldg)❑ NO DESCRIBE WORK C� p ^WQ IPA SQUARE FOOTAGE: (proposed) / 1ST FLOOR sq.ft. 2ND FLOOR A ty n sq.ft. 3RD FLOOR sq.ft. BASEMENT_��sq.ft. DECK 1 sq.ft. COVERED DECK ?&1Asq.& STORAGE Y sq.ft. OTHER &I sq.ft. GARAGE sq.ft. Attached❑ Detached❑ CARPORT 4g&:: sq.& Attached❑ Detached❑ jDNUFAeVJREDj10ME INFORMATION: *4 COPIES OF THE F UIRED* MAKE MODEL 1111AR LENGTH WIDTH M5 BATHS SERIAL NUMBER ENVIRONMENTAL HEALTH: SEWAGE/SEWER SOURCE: SEPTIC❑ SEWER❑ / NEW❑ EXISTING❑ PLUMBING IN STRUCTURE? YES❑ NO❑ If,es,attach completed Water Adequacy Form PERIMETERTOUNDATION DRAINS PROPOSED? YES❑ NOX EXISTING SQ.FT. EXISTING BEDROOMS PROPOSED BEDROOMS TOTAL BEDROOMS N A OWNER acknowledges that submission of inaccurate information may result in a stop work order or permit revocation.Acknowledgement of such is by signature below.I declare that I am the owner and I further declare that I am entitled to receive this permit and to do the work as proposed.I have obtained permission from all the necessary parties,including any easement holder or parties of interest regarding this projecL The owner or legal representative,represents that the information provided is accurate and grants employees of Mason County access to the above described property and structure(s)for review and inspection. This permittapplication becomes null&void if work or authorized construction is not commenced within 180 days or if construction work Is suspended for a period of 180 days. PROOF OF CONTINUATION OF WORK ON THIS PERMIT IS BY MEANS OF INSPECTION. INACTIVITY OF THIS PERMIT APPLICATION OF 180 DAYS OF MORE WILL CAUSE THE APPLICATION TO BE EXPIRED.(MASON COUNTY CODE 14.08A2) x S �r� 11/2/2020 Signature of OWN (Must be sinned by the OWNER) Date DEPARTMENTAL REVIEW APPROVED DATE DENIED DATE TAGS/NOTES/CONDITIONS BUILDING DEPARTMENT PLANNING DEPARTMENT FIRE MARSHAL PUBLIC HEALTH