HomeMy WebLinkAboutSS2023StandardSpecifications
FOR ROAD, BRIDGE, AND MUNICIPAL CONSTRUCTION
M 41-10
2023
Title VI Notice to Public
It is the Washington State Department of Transportation’s (WSDOT) policy to assure that
no person shall, on the grounds of race, color, national origin, as provided by Title VI of
the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits
of, or be otherwise discriminated against under any of its programs and activities. Any
person who believes his/her Title VI protection has been violated, may file a complaint
with WSDOT’s Office of Equity & Civil Rights. For additional information regarding Title
VI complaint procedures and/or information regarding our non-discrimination obligations,
please contact the Office of Equity & Civil Rights Title VI Coordinator at 360-705-7090.
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& Civil Rights at wsdotada@wsdot.wa.gov or by calling toll free, 855-362-4ADA(4232).
Persons who are deaf or hard of hearing may make a request by calling the Washington
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2023 Standard Specifications M 41-10 Page 3
Foreword
These Standard Specifications for Road, Bridge, and Municipal Construction have been
developed to serve as a baseline for the work delivered to the public by the Washington
State Department of Transportation (WSDOT). The Standard Specifications are
incorporated into the written agreement (Contract) between WSDOT as Contracting
Agency and the Contractor, except where the Contract indicates that a particular
specification has been amended or replaced with a special provision to resolve project-
specific issues. The decision to amend or replace any standard specification with a special
provision is made during the design process and is based upon the sound engineering
judgment of the project designer.
These Standard Specifications reflect years of refinement through the literally hundreds
of projects the Department delivers each year. In addition, the standards are the result
of countless hours of development and review by both our internal WSDOT staff as well
as our industry partners through the joint WSDOT/Associated General Contractors’
Standing Committees.
Finally, these standards reflect the contracting philosophy and balance of risk-allocation
that the Department has adopted through the years. We believe that this balance of
risks provides us the lowest final cost solution to our transportation needs. For example,
shifting risk to the Contractor can provide more certainty on final cost, but may result in
higher initial cost. On the other hand, accepting more risk by the owner can result in lower
initial costs, but less certainty on the final cost. We at the Department of Transportation
believe that we have reached the optimum point of balance for risk, and we will continue
to consider this balance on all future specification revisions.
The language above indicates that these specifications are to be used only as a guideline
during the design process, and that is true. Once they have been incorporated into a
Contract, however, they become the legal and enforceable language of that Contract. The
Standard Specifications, and the Project Special Provisions, along with any attachments
in the Contract documents, define a Contract and are no longer seen as guidelines.
Rather, they are the written agreement, subject to revision only through the change
order process.
This preface is for informational purposes only and is not to be used to interpret or affect
the terms.
Robert E. Christopher, P.E.
State Construction Engineer
Page 4 2023 Standard Specifications M 41-10
Contents
Division 1 General Requirements
Division 2 Earthwork
Division 3 Aggregate Production and Acceptance
Division 4 Bases
Division 5 Surface Treatments and Pavements
Division 6 Structures
Division 7 Drainage Structures, Storm Sewers, Sanitary Sewers, Water Mains, and
Conduits
Division 8 Miscellaneous Construction
Division 9 Materials
2023 Standard Specifications M 41-10 Page 5
Contents
Division 1 General Requirements 1-1
1-01 Definitions and Terms 1-1
1-01 1 General 1-1
1-01 2 Abbreviations 1-1
1-01 2(1) Associations and Miscellaneous 1-1
1-01 2(2) Items of Work and Units of Measurement 1-2
1-01 3 Definitions 1-4
1-01 4 Interpretations 1-8
1-02 Bid Procedures and Conditions 1-9
1-02 1 Prequalification of Bidders 1-9
1-02 2 Plans and Specifications 1-10
1-02 3 Estimated Quantities 1-10
1-02 4 Examination of Plans, Specifications, and Site of Work 1-10
1-02 4(1) General 1-10
1-02 4(2) Subsurface Information 1-12
1-02 5 Proposal Forms 1-12
1-02 6 Preparation of Proposal 1-13
1-02 7 Bid Deposit 1-14
1-02 8 Noncollusion Declaration and Lobbying Certification 1-14
1-02 8(1) Noncollusion Declaration 1-14
1-02 8(2) Lobbying Certification 1-14
1-02 9 Delivery of Proposal 1-15
1-02 10 Withdrawing, Revising, or Supplementing Proposal 1-16
1-02 11 Combination and Multiple Proposals 1-16
1-02 12 Public Opening of Proposals 1-16
1-02 13 Irregular Proposals 1-17
1-02 14 Disqualification of Bidders 1-18
1-02 15 Pre-Award Information 1-18
1-03 Award and Execution of Contract 1-19
1-03 1 Consideration of Bids 1-19
1-03 1(1) Identical Bid Totals 1-19
1-03 2 Award of Contract 1-19
1-03 3 Execution of Contract 1-20
1-03 4 Contract Bond 1-20
1-03 5 Failure to Execute Contract 1-21
1-03 6 Return of Bid Deposit 1-21
1-03 7 Judicial Review 1-21
1-04 Scope of the Work 1-22
1-04 1 Intent of the Contract 1-22
1-04 1(1) Bid Items Included in the Proposal 1-22
1-04 1(2) Bid Items Not Included in the Proposal 1-22
1-04 2 Coordination of Contract Documents, Plans, Special Provisions,
Specifications, and Addenda 1-22
1-04 3 Reference Information 1-23
1-04 4 Changes 1-23
1-04 4(1) Minor Changes 1-24
1-04 4(2) Value Engineering Change Proposal (VECP) 1-25
1-04 5 Procedure, Protest, and Dispute by the Contractor 1-27
1-04 5(1) Disputes 1-28
1-04 6 Variation in Estimated Quantities 1-37
1-04 7 Differing Site Conditions (Changed Conditions) 1-38
1-04 8 Progress Estimates and Payments 1-39
1-04 9 Use of Buildings or Structures 1-39
1-04 10 Use of Materials Found on the Project 1-39
1-04 11 Final Cleanup 1-40
Page 6 2023 Standard Specifications M 41-10
Contents
1-05 Control of Work 1-41
1-05 1 Authority of the Engineer 1-41
1-05 1(1) Oral Orders 1-41
1-05 1(2) Requests for Information (RFI) 1-42
1-05 2 Authority of Assistants and Inspectors 1-43
1-05 3 Working Drawings 1-43
1-05 4 Conformity with and Deviations from Plans and Stakes 1-44
1-05 5 Tolerances 1-45
1-05 6 Inspection of Work and Materials 1-45
1-05 7 Removal of Defective and Unauthorized Work 1-46
1-05 7(1) Request for Change for Defective or Unauthorized
Work 1-46
1-05 8 Vacant 1-46
1-05 9 Equipment 1-46
1-05 10 Guarantees 1-47
1-05 11 Final Inspection 1-47
1-05 12 Final Acceptance 1-47
1-05 13 Superintendents, Labor, and Equipment of Contractor 1-47
1-05 13(1) Emergency Contact List 1-48
1-05 14 Cooperation with Other Contractors 1-48
1-05 15 Method of Serving Notices 1-48
1-06 Control of Material 1-49
1-06 1 Approval of Materials Prior to Use 1-49
1-06 1(1) Qualified Products List (QPL) 1-49
1-06 1(2) Request for Approval of Material (RAM) 1-49
1-06 1(3) Aggregate Source Approval (ASA) Database 1-50
1-06 1(4) Fabrication Inspection Expense 1-50
1-06 2 Acceptance of Materials 1-52
1-06 2(1) Samples and Tests for Acceptance 1-52
1-06 2(2) Statistical Evaluation of Materials for Acceptance 1-53
1-06 3 Manufacturer’s Certificate of Compliance 1-60
1-06 4 Handling and Storing Materials 1-60
1-06 5 Owners Manuals and Operating Instructions 1-61
1-06 6 Recycled Materials 1-61
1-07 Legal Relations and Responsibilities to the Public 1-62
1-07 1 Laws to be Observed 1-62
1-07 1(1) General 1-62
1-07 1(2) Health and Safety 1-62
1-07 1(3) Mine Safety 1-62
1-07 1(4) Wells 1-62
1-07 1(5) Changes to Laws to be Observed 1-63
1-07 2 State Taxes 1-63
1-07 2(1) State Sales Tax: WAC 458-20-171 – Use Tax 1-63
1-07 2(2) State Sales Tax: WAC 458-20-170 – Retail Sales Tax 1-63
1-07 2(3) Services 1-64
1-07 3 Fire Prevention and Merchantable Timber Requirements 1-64
1-07 3(1) Fire Prevention Control and Countermeasures Plan 1-64
1-07 3(2) Merchantable Timber Requirements 1-65
2023 Standard Specifications M 41-10 Page 7
Contents
1-07 4 Sanitation 1-65
1-07 4(1) General 1-65
1-07 4(2) Health Hazards 1-65
1-07 5 Environmental Regulations 1-65
1-07 5(1) General 1-65
1-07 5(2) State Department of Fish and Wildlife 1-65
1-07 5(3) State Department of Ecology 1-66
1-07 5(4) Air Quality 1-66
1-07 5(5) U S Army Corps of Engineers 1-67
1-07 5(6) U S Fish and Wildlife Service and National Marine
Fisheries Service 1-67
1-07 5(7) U S Environmental Protection Agency 1-67
1-07 6 Permits and Licenses 1-67
1-07 7 Load Limits 1-68
1-07 7(1) General 1-68
1-07 7(2) Load-Limit Restrictions 1-68
1-07 8 High-Visibility Apparel 1-70
1-07 8(1) Traffic Control Personnel 1-71
1-07 8(2) Non-Traffic Control Personnel 1-71
1-07 9 Wages 1-71
1-07 9(1) General 1-71
1-07 9(2) Posting Notices 1-73
1-07 9(3) Apprentices 1-73
1-07 9(4) Wage Disputes 1-73
1-07 9(5) Required Documents 1-74
1-07 9(6) Audits 1-74
1-07 10 Worker’s Benefits 1-74
1-07 11 Requirements for Nondiscrimination 1-75
1-07 11(1) Regulatory Authorities 1-75
1-07 11(2) Contractual Requirements 1-76
1-07 11(3) Equal Employment Opportunity Officer 1-79
1-07 11(4) Dissemination of Policy 1-79
1-07 11(5) Sanctions 1-79
1-07 11(6) Incorporation of Provisions 1-80
1-07 11(7) Vacant 1-80
1-07 11(8) Vacant 1-80
1-07 11(9) Subcontracting, Procurement of Materials, and
Leasing of Equipment 1-80
1-07 11(10) Records and Reports 1-80
1-07 12 Federal Agency Inspection 1-81
1-07 13 Contractor’s Responsibility for Work 1-81
1-07 13(1) General 1-81
1-07 13(2) Relief of Responsibility for Completed Work 1-82
1-07 13(3) Relief of Responsibility for Damage by Public Traffic 1-82
1-07 13(4) Repair of Damage 1-82
1-07 14 Responsibility for Damage 1-83
1-07 15 Temporary Water Pollution Prevention 1-85
1-07 15(1) Spill Prevention, Control, and Countermeasures Plan 1-85
Page 8 2023 Standard Specifications M 41-10
Contents
1-07.16 Protection and Restoration of Property . . . . . . . . . . . . . . . . .1-87
1-07.16(1) Private/Public Property . . . . . . . . . . . . . . . . . .1-87
1-07.16(2) Vegetation Protection and Restoration . . . . . . . . .1-88
1-07.16(3) Fences, Mailboxes, Incidentals . . . . . . . . . . . . . .1-89
1-07.16(4) Archaeological and Historical Objects . . . . . . . . . .1-89
1-07.16(5) Wells . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-90
1-07.16(6) Payment . . . . . . . . . . . . . . . . . . . . . . . . . . .1-90
1-07.17 Utilities and Similar Facilities . . . . . . . . . . . . . . . . . . . . . . .1-90
1-07.17(1) Utility Construction, Removal, or Relocation by the
Contractor . . . . . . . . . . . . . . . . . . . . . . . . .1-90
1-07.17(2) Utility Construction, Removal, or Relocation by Others 1-91
1-07.18 Public Liability and Property Damage Insurance . . . . . . . . . . . .1-91
1-07.18(1) Insurance Provider Requirements . . . . . . . . . . . .1-91
1-07.18(2) Term of Insurance Coverage . . . . . . . . . . . . . . .1-91
1-07.18(3) Initiating and Maintaining Coverage . . . . . . . . . . .1-91
1-07.18(4) General Requirements for Insurance . . . . . . . . . . .1-92
1-07.18(5) Required Insurance Policies . . . . . . . . . . . . . . . .1-94
1-07.19 Gratuities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-94
1-07.20 Patented Devices, Materials, and Processes . . . . . . . . . . . . . .1-95
1-07.21 Rock Drilling Safety Requirements . . . . . . . . . . . . . . . . . . . .1-95
1-07.22 Use of Explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-95
1-07.23 Public Convenience and Safety . . . . . . . . . . . . . . . . . . . . .1-95
1-07.23(1) Construction Under Traffic . . . . . . . . . . . . . . . .1-96
1-07.23(2) Construction and Maintenance of Detours . . . . . . .1-98
1-07.23(3) Work Zone Clear Zone. . . . . . . . . . . . . . . . . . .1-98
1-07.24 Rights of Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-99
1-07.25 Opening of Sections to Traffic . . . . . . . . . . . . . . . . . . . . . .1-99
1-07.26 Personal Liability of Public Officers . . . . . . . . . . . . . . . . . . .1-99
1-07.27 No Waiver of State’s Legal Rights . . . . . . . . . . . . . . . . . . . 1-100
1-07.28 Railroads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-100
1-07.28(1) General . . . . . . . . . . . . . . . . . . . . . . . . . . 1-100
1-07.28(2) Submittals and Working Drawings . . . . . . . . . . . 1-101
1-07.28(3) Protection of Railroad Right of Way and Other
Property . . . . . . . . . . . . . . . . . . . . . . . . . .1-101
1-07.28(4) Protection of Railroad Operations . . . . . . . . . . . 1-101
1-07.28(5) Railroad Company Training Required for Contractor
Employees . . . . . . . . . . . . . . . . . . . . . . . . 1-101
1-07.28(6) Railroad Protective Services. . . . . . . . . . . . . . .1-101
1-07.28(7) Railroad Insurance . . . . . . . . . . . . . . . . . . . . 1-102
1-07.28(8) Measurement and Payment . . . . . . . . . . . . . . .1-102
1-08 Prosecution and Progress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-103
1-08.1 Subcontracting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-103
1-08.1(1) General . . . . . . . . . . . . . . . . . . . . . . . . . . 1-103
1-08.1(2) Self-Performance Requirements . . . . . . . . . . . . 1-103
1-08.1(3) Subcontractor Approval . . . . . . . . . . . . . . . . . 1-103
1-08.1(4) Requests to Sublet for First-Tier Subcontractors . . . 1-103
1-08.1(5) Restrictions on Subcontracting . . . . . . . . . . . . . 1-104
1-08.1(6) Removal of Subcontractors . . . . . . . . . . . . . . . 1-104
1-08.1(7) Payments to Subcontractors and Lower-Tier
Subcontractors . . . . . . . . . . . . . . . . . . . . . . 1-104
1-08.1(8) Vacant . . . . . . . . . . . . . . . . . . . . . . . . . . .1-106
1-08.1(9) Required Subcontract Clauses . . . . . . . . . . . . . 1-106
1-08.1(10) Failure to Comply. . . . . . . . . . . . . . . . . . . . .1-107
1-08.1(11) Payment . . . . . . . . . . . . . . . . . . . . . . . . . .1-107
2023 Standard Specifications M 41-10 Page 9
Contents
1-08.2 Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-107
1-08.3 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-108
1-08.3(1) General Requirements . . . . . . . . . . . . . . . . . .1-108
1-08.3(2) Progress Schedule Types . . . . . . . . . . . . . . . . 1-108
1-08.3(3) Schedule Updates . . . . . . . . . . . . . . . . . . . . 1-109
1-08.3(4) Measurement . . . . . . . . . . . . . . . . . . . . . . .1-110
1-08.3(5) Payment . . . . . . . . . . . . . . . . . . . . . . . . . .1-110
1-08.4 Prosecution of Work . . . . . . . . . . . . . . . . . . . . . . . . . . 1-110
1-08.5 Time for Completion . . . . . . . . . . . . . . . . . . . . . . . . . . 1-111
1-08.6 Suspension of Work . . . . . . . . . . . . . . . . . . . . . . . . . . .1-112
1-08.7 Maintenance During Suspension. . . . . . . . . . . . . . . . . . . .1-113
1-08.8 Extensions of Time . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-113
1-08.9 Liquidated Damages . . . . . . . . . . . . . . . . . . . . . . . . . . .1-115
1-08.10 Termination of Contract. . . . . . . . . . . . . . . . . . . . . . . . .1-116
1-08.10(1) Termination for Default . . . . . . . . . . . . . . . . . 1-116
1-08.10(2) Termination for Public Convenience . . . . . . . . . . 1-118
1-08.10(3) Termination for Public Convenience Payment
Request . . . . . . . . . . . . . . . . . . . . . . . . . . 1-118
1-08.10(4) Payment for Termination for Public Convenience. . .1-118
1-08.10(5) Responsibility of the Contractor and Surety . . . . . .1-118
1-09 Measurement and Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-119
1-09.1 Measurement of Quantities . . . . . . . . . . . . . . . . . . . . . . 1-119
1-09.2 Weighing Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . 1-120
1-09.2(1) General Requirements for Weighing Equipment . . . 1-120
1-09.2(2) Specific Requirements for Batching Scales . . . . . . 1-122
1-09.2(3) Specific Requirements for Platform Scales . . . . . . 1-122
1-09.2(4) Specific Requirements for Belt Conveyor Scales . . . 1-123
1-09.2(5) Measurement . . . . . . . . . . . . . . . . . . . . . . .1-123
1-09.2(6) Payment . . . . . . . . . . . . . . . . . . . . . . . . . .1-124
1-09.3 Scope of Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-124
1-09.4 Equitable Adjustment . . . . . . . . . . . . . . . . . . . . . . . . . . 1-125
1-09.5 Deleted or Terminated Work . . . . . . . . . . . . . . . . . . . . . . 1-125
1-09.6 Force Account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-126
1-09.7 Mobilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-130
1-09.8 Payment for Material on Hand . . . . . . . . . . . . . . . . . . . . .1-130
1-09.9 Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-131
1-09.9(1) Retainage . . . . . . . . . . . . . . . . . . . . . . . . . 1-132
1-09.10 Payment for Surplus Processed Materials . . . . . . . . . . . . . . .1-133
1-09.11 Disputes and Claims . . . . . . . . . . . . . . . . . . . . . . . . . . .1-133
1-09.11(1) Vacant . . . . . . . . . . . . . . . . . . . . . . . . . . .1-133
1-09.11(2) Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-133
1-09.11(3) Time Limitation and Jurisdiction . . . . . . . . . . . . 1-136
1-09.12 Audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-136
1-09.12(1) General . . . . . . . . . . . . . . . . . . . . . . . . . . 1-136
1-09.12(2) Audits - Claims . . . . . . . . . . . . . . . . . . . . . . 1-136
1-09.12(3) Required Documents for Audits . . . . . . . . . . . . 1-137
1-09.13 Claims Resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-138
1-09.13(1) Conditions Precedent to Binding Arbitration
or Litigation . . . . . . . . . . . . . . . . . . . . . . . .1-138
1-09.13(2) Mediation . . . . . . . . . . . . . . . . . . . . . . . . . 1-138
1-09.13(3) Arbitration . . . . . . . . . . . . . . . . . . . . . . . . 1-139
1-09.13(4) Venue for Litigation . . . . . . . . . . . . . . . . . . . 1-139
Page 10 2023 Standard Specifications M 41-10
Contents
1-10 Temporary Traffic Control 1-140
1-10 1 General 1-140
1-10 1(1) Materials 1-140
1-10 1(2) Description 1-140
1-10 2 Traffic Control Management 1-141
1-10 2(1) General 1-141
1-10 2(2) Traffic Control Plans 1-143
1-10 2(3) Conformance to Established Standards 1-143
1-10 3 Traffic Control Labor, Procedures, and Devices 1-144
1-10 3(1) Traffic Control Labor 1-144
1-10 3(2) Traffic Control Procedures 1-145
1-10 3(3) Traffic Control Devices 1-148
1-10 4 Measurement 1-152
1-10 4(1) Lump Sum Bid for Project (No Unit Items) 1-152
1-10 4(2) Item Bids With Lump Sum for Incidentals 1-152
1-10 4(3) Reinstating Unit Items With Lump Sum Traffic
Control 1-153
1-10 4(4) Owner-Provided Resources 1-153
1-10 5 Payment 1-153
1-10 5(1) Lump Sum Bid for Project (No Unit Items) 1-153
1-10 5(2) Item Bids With Lump Sum for Incidentals 1-153
1-10 5(3) Reinstating Unit Items With Lump Sum Traffic
Control 1-154
2023 Standard Specifications M 41-10 Page 11
Contents
Division 2 Earthwork 2-1
2-01 Clearing, Grubbing, and Roadside Cleanup 2-1
2-01 1 Description 2-1
2-01 2 Disposal of Usable Material and Debris 2-1
2-01 2(1) Disposal Method No 1 – Open Burning 2-1
2-01 2(2) Disposal Method No 2 – Waste Site 2-1
2-01 2(3) Disposal Method No 3 – Chipping 2-1
2-01 3 Construction Requirements 2-2
2-01 3(1) Clearing 2-2
2-01 3(2) Grubbing 2-2
2-01 3(3) Vacant 2-2
2-01 3(4) Roadside Cleanup 2-3
2-01 4 Measurement 2-3
2-01 5 Payment 2-3
2-02 Removal of Structures and Obstructions 2-4
2-02 1 Description 2-4
2-02 2 Vacant 2-4
2-02 3 Construction Requirements 2-4
2-02 3(1) Removal of Foundations 2-4
2-02 3(2) Removal of Bridges, Box Culverts, and Other
Drainage Structures 2-4
2-02 3(3) Removal of Pavement, Sidewalks, Curbs, and Gutters 2-6
2-02 4 Vacant 2-6
2-02 5 Payment 2-6
2-03 Roadway Excavation and Embankment 2-7
2-03 1 Description 2-7
2-03 2 Vacant 2-7
2-03 3 Construction Requirements 2-7
2-03 3(1) Widening of Cuts 2-7
2-03 3(2) Rock Cuts 2-7
2-03 3(3) Excavation Below Subgrade 2-10
2-03 3(4) Sluicing 2-10
2-03 3(5) Slope Treatment 2-10
2-03 3(6) Deposit of Rock for the Contracting Agency’s Use 2-10
2-03 3(7) Disposal of Surplus Material 2-11
2-03 3(8) Wasting Material 2-11
2-03 3(9) Roadway Ditches 2-11
2-03 3(10) Selected Material 2-12
2-03 3(11) Slides 2-12
2-03 3(12) Overbreak 2-12
2-03 3(13) Borrow 2-13
2-03 3(14) Embankment Construction 2-13
2-03 3(15) Aeration 2-19
2-03 3(16) End Slopes 2-19
2-03 3(17) Snow Removal 2-19
2-03 3(18) Stepped Slope Construction 2-20
2-03 3(19) Removal of Pavement, Sidewalks, Curbs, and Gutters 2-20
2-03 4 Measurement 2-20
2-03 5 Payment 2-21
2-04 Haul 2-23
2-04 1 Description 2-23
2-04 2 Vacant 2-23
2-04 3 Vacant 2-23
2-04 4 Measurement 2-23
2-04 5 Payment 2-23
Page 12 2023 Standard Specifications M 41-10
Contents
2-05 Vacant 2-24
2-06 Subgrade Preparation 2-25
2-06 1 Description 2-25
2-06 2 Vacant 2-25
2-06 3 Construction Requirements 2-25
2-06 3(1) Subgrade for Surfacing 2-25
2-06 3(2) Subgrade for Pavement 2-25
2-06 4 Vacant 2-25
2-06 5 Measurement and Payment 2-26
2-06 5(1) Subgrade Constructed Under Same Contract 2-26
2-06 5(2) Subgrade Not Constructed Under Same Contract 2-26
2-07 Watering 2-27
2-07 1 Description 2-27
2-07 2 Vacant 2-27
2-07 3 Construction Requirements 2-27
2-07 4 Measurement 2-27
2-07 5 Payment 2-27
2-08 Vacant 2-28
2-09 Structure Excavation 2-29
2-09 1 Description 2-29
2-09 2 Materials 2-29
2-09 3 Construction Requirements 2-29
2-09 3(1) General Requirements 2-29
2-09 3(2) Classification of Structure Excavation 2-32
2-09 3(3) Construction Requirements, Structure Excavation,
Class A 2-32
2-09 3(4) Construction Requirements, Structure Excavation,
Class B 2-37
2-09 4 Measurement 2-37
2-09 5 Payment 2-38
2-10 Vacant 2-40
2-11 Trimming and Cleanup 2-41
2-11 1 Description 2-41
2-11 2 Vacant 2-41
2-11 3 Construction Requirements 2-41
2-11 4 Vacant 2-41
2-11 5 Payment 2-41
2-12 Construction Geosynthetic 2-42
2-12 1 Description 2-42
2-12 2 Materials 2-42
2-12 3 Construction Requirements 2-42
2-12 3(1) Underground Drainage 2-43
2-12 3(2) Separation 2-43
2-12 3(3) Soil Stabilization 2-43
2-12 3(4) Permanent Erosion Control and Ditch Lining 2-43
2-12 4 Measurement 2-44
2-12 5 Payment 2-44
2023 Standard Specifications M 41-10 Page 13
Contents
Division 3 Aggregate Production and Acceptance 3-1
3-01 Production from Quarry and Pit Sites 3-1
3-01 1 Description 3-1
3-01 2 Material Sources, General Requirements 3-1
3-01 2(1) Approval of Source 3-1
3-01 2(2) Preparation of Site 3-1
3-01 2(3) Stripping Quarries and Pits 3-2
3-01 2(4) Production Requirements 3-2
3-01 2(5) Final Cleanup 3-3
3-01 3 State Furnished Material Sources 3-3
3-01 3(1) Quality and Extent of Material 3-3
3-01 3(2) When More Than One Site is Provided 3-3
3-01 3(3) Reject Materials 3-3
3-01 3(4) Surplus Screenings 3-3
3-01 3(5) Moving Plant 3-4
3-01 4 Contractor Furnished Material Sources 3-4
3-01 4(1) Acquisition and Development 3-4
3-01 4(2) Surplus Screenings 3-5
3-01 4(3) Substitution of Gravel Deposit in Lieu of Ledge Rock or
Talus Source Provided by the Contracting Agency 3-5
3-01 4(4) Gravel Base 3-5
3-01 5 Measurement 3-6
3-01 6 Payment 3-6
3-02 Stockpiling Aggregates 3-7
3-02 1 Description 3-7
3-02 2 General Requirements 3-7
3-02 2(1) Stockpile Sites Provided by the Contracting Agency 3-7
3-02 2(2) Stockpile Site Provided by the Contractor 3-7
3-02 2(3) Stockpiling Aggregates for Future Use 3-7
3-02 2(4) Stockpiling Aggregates for Immediate Use 3-7
3-02 2(5) Preparation of Site 3-8
3-02 2(6) Construction of Stockpiles 3-8
3-02 2(7) Removing Aggregates From Stockpiles 3-8
3-02 3 Additional Requirements for Specific Aggregates 3-9
3-02 3(1) Washed Aggregates 3-9
3-02 4 Measurement 3-9
3-02 5 Payment 3-9
3-03 Site Reclamation 3-10
3-03 1 Description 3-10
3-03 2 General Requirements 3-10
3-03 2(1) Contracting Agency-Provided Sites 3-10
3-03 2(2) Contractor-Provided Sites 3-10
3-03 2(3) Out-of-State Sites 3-10
3-03 3 Reclamation Plans 3-11
3-03 3(1) Contracting Agency-Provided Sites 3-11
3-03 3(2) Contractor-Provided Sites 3-11
3-03 4 Construction Requirements 3-11
3-03 4(1) Erosion Control 3-11
3-03 4(2) Deviations from Approved Reclamation Plans 3-11
3-03 5 Payment 3-11
3-03 5(1) Contracting Agency-Provided Sites 3-11
3-03 5(2) Contractor-Provided Sites 3-11
Page 14 2023 Standard Specifications M 41-10
Contents
3-04 Acceptance of Aggregate 3-12
3-04 1 Description 3-12
3-04 2 Materials 3-12
3-04 3 Construction Requirements 3-12
3-04 3(1) General 3-12
3-04 3(2) Point of Acceptance 3-12
3-04 3(3) Sampling 3-12
3-04 3(4) Testing Results 3-12
3-04 3(5) Nonstatistical Evaluation 3-12
3-04 3(6) Statistical Evaluation 3-13
3-04 3(7) Rejected Work 3-13
3-04 3(8) Price Adjustments for Quality of Aggregate 3-14
3-04 4 Vacant 3-14
3-04 5 Payment 3-14
2023 Standard Specifications M 41-10 Page 15
Contents
Division 4 Bases 4-1
4-01 Vacant 4-1
4-02 Gravel Base 4-2
4-02 1 Description 4-2
4-02 2 Materials 4-2
4-02 3 Construction Requirements 4-2
4-02 4 Measurement 4-2
4-02 5 Payment 4-2
4-03 Vacant 4-3
4-04 Ballast and Crushed Surfacing 4-4
4-04 1 Description 4-4
4-04 2 Materials 4-4
4-04 3 Construction Requirements 4-4
4-04 3(1) Equipment 4-4
4-04 3(2) Subgrade 4-4
4-04 3(3) Mixing 4-5
4-04 3(4) Placing and Spreading 4-5
4-04 3(5) Shaping and Compaction 4-5
4-04 3(6) Keystone 4-6
4-04 3(7) Miscellaneous Requirements 4-6
4-04 3(8) Weather Limitations 4-6
4-04 3(9) Hauling 4-6
4-04 3(10) Hours of Work 4-6
4-04 3(11) Shoulder Finishing 4-7
4-04 4 Measurement 4-7
4-04 5 Payment 4-7
Page 16 2023 Standard Specifications M 41-10
Contents
Division 5 Surface Treatments and Pavements 5-1
5-01 Cement Concrete Pavement Rehabilitation 5-1
5-01 1 Description 5-1
5-01 2 Materials 5-1
5-01 3 Construction Requirements 5-1
5-01 3(1) Vacant 5-1
5-01 3(2) Material Acceptance 5-2
5-01 3(3) Vacant 5-3
5-01 3(4) Replace Cement Concrete Panel 5-3
5-01 3(5) Partial Depth Spall Repair 5-5
5-01 3(6) Dowel Bar Retrofit 5-6
5-01 3(7) Sealing Existing Concrete Random Cracks 5-7
5-01 3(8) Sealing Existing Longitudinal and Transverse Joint 5-7
5-01 3(9) Cement Concrete Pavement Grinding 5-7
5-01 3(10) Pavement Smoothness 5-7
5-01 3(11) Concrete Slurry and Grinding Residue 5-9
5-01 4 Measurement 5-9
5-01 5 Payment 5-10
5-02 Bituminous Surface Treatment 5-11
5-02 1 Description 5-11
5-02 1(1) New Construction 5-11
5-02 1(2) Seal Coats 5-11
5-02 1(3) Pavement Sealers – Fog Seal 5-11
5-02 2 Materials 5-11
5-02 3 Construction Requirements 5-11
5-02 3(1) Equipment 5-11
5-02 3(2) Preparation of Roadway Surface 5-12
5-02 3(3) Application of Emulsified Asphalt and Aggregate 5-13
5-02 3(4) Vacant 5-14
5-02 3(5) Application of Aggregates 5-14
5-02 3(6) Additional Emulsified Asphalt and Aggregate 5-15
5-02 3(7) Patching and Correction of Defects 5-15
5-02 3(8) Progress of Work 5-16
5-02 3(9) Protection of Structures 5-16
5-02 3(10) Unfavorable Weather 5-16
5-02 3(11) Temporary Pavement Markings 5-16
5-02 4 Measurement 5-16
5-02 5 Payment 5-17
5-03 Crack and Joint Sealing 5-18
5-03 1 Description 5-18
5-03 2 Materials 5-18
5-03 3 Construction Materials 5-18
5-03 3(1) General Requirements 5-18
5-03 3(2) Sealing Bituminous Pavement 5-19
5-03 3(3) Sealing Cement Concrete Pavement 5-20
5-03 4 Measurement 5-21
5-03 5 Payment 5-21
2023 Standard Specifications M 41-10 Page 17
Contents
5-04 Hot Mix Asphalt 5-23
5-04 1 Description 5-23
5-04 2 Materials 5-23
5-04 2(1) How to Get an HMA Mix Design on the QPL 5-23
5-04 2(2) Mix Design – Obtaining Project Approval 5-27
5-04 3 Construction Requirements 5-28
5-04 3(1) Weather Limitations 5-28
5-04 3(2) Paving Under Traffic 5-28
5-04 3(3) Equipment 5-28
5-04 3(4) Preparation of Existing Paved Surfaces 5-32
5-04 3(5) Producing/Stockpiling Aggregates, RAP, & RAS 5-33
5-04 3(6) Mixing 5-33
5-04 3(7) Spreading and Finishing 5-34
5-04 3(8) Aggregate Acceptance Prior to Incorporation in HMA 5-34
5-04 3(9) HMA Mixture Acceptance 5-35
5-04 3(10) HMA Compaction Acceptance 5-40
5-04 3(11) Reject Work 5-45
5-04 3(12) Joints 5-47
5-04 3(13) Surface Smoothness 5-47
5-04 3(14) Planing Bituminous Pavement 5-48
5-04 3(15) Sealing Pavement Surfaces 5-48
5-04 3(16) HMA Road Approaches 5-48
5-04 4 Measurement 5-49
5-04 5 Payment 5-49
5-05 Cement Concrete Pavement 5-51
5-05 1 Description 5-51
5-05 2 Materials 5-51
5-05 3 Construction Requirements 5-51
5-05 3(1) Concrete Mix Design for Paving 5-51
5-05 3(2) Consistency 5-52
5-05 3(3) Equipment 5-53
5-05 3(4) Measuring and Batching Materials 5-54
5-05 3(5) Mixing Concrete 5-57
5-05 3(6) Surface Preparation 5-58
5-05 3(7) Placing, Spreading, and Compacting Concrete 5-58
5-05 3(8) Joints 5-60
5-05 3(9) Joint Matching Pre-Existing Pavement Joints 5-60
5-05 3(10) Tie Bars and Corrosion Resistant Dowel Bars 5-61
5-05 3(11) Finishing 5-62
5-05 3(12) Surface Smoothness 5-63
5-05 3(13) Curing 5-65
5-05 3(14) Cold Weather Work 5-67
5-05 3(15) Concrete Pavement Construction in Adjacent Lanes 5-67
5-05 3(16) Protection of Pavement 5-67
5-05 3(17) Opening to Traffic 5-67
5-05 3(18) Vacant 5-68
5-05 3(19) Vacant 5-68
5-05 3(20) Vacant 5-68
5-05 3(21) Vacant 5-68
5-05 3(22) Repair of Defective Pavement 5-68
5-05 4 Measurement 5-69
5-05 5 Payment 5-69
5-05 5(1) Pavement Thickness 5-72
Page 18 2023 Standard Specifications M 41-10
Contents
Division 6 Structures 6-1
6-01 General Requirements for Structures 6-1
6-01 1 Description 6-1
6-01 2 Foundation Data 6-1
6-01 3 Clearing the Site 6-1
6-01 4 Appearance of Structures 6-1
6-01 5 Vacant 6-1
6-01 6 Load Restrictions on Bridges Under Construction 6-1
6-01 7 Navigable Streams 6-2
6-01 8 Approaches to Movable Spans 6-2
6-01 9 Working Drawings 6-2
6-01 10 Utilities Supported by or Attached to Bridges 6-2
6-01 11 Name Plates 6-3
6-01 12 Final Cleanup 6-3
6-01 13 Vacant 6-3
6-01 14 Premolded Joint Filler 6-3
6-01 15 Normal Temperature 6-3
6-01 16 Repair of Defective Work 6-4
6-01 16(1) General 6-4
6-01 16(2) Pre-Approved Repair Procedures 6-4
6-02 Concrete Structures 6-6
6-02 1 Description 6-6
6-02 2 Materials 6-6
6-02 3 Construction Requirements 6-6
6-02 3(1) Classification of Structural Concrete 6-6
6-02 3(2) Proportioning Materials 6-7
6-02 3(3) Admixtures 6-11
6-02 3(4) Ready-Mix Concrete 6-12
6-02 3(5) Acceptance of Concrete 6-14
6-02 3(6) Placing Concrete 6-20
6-02 3(7) Tolerances 6-24
6-02 3(8) Vibration of Concrete 6-25
6-02 3(9) Precast Concrete Units 6-26
6-02 3(10) Bridge Decks and Bridge Approach Slabs 6-30
6-02 3(11) Curing Concrete 6-34
6-02 3(12) Construction Joints 6-38
6-02 3(13) Expansion Joints 6-39
6-02 3(14) Finishing Concrete Surfaces 6-57
6-02 3(15) Date Numerals 6-63
6-02 3(16) Plans for Falsework and Formwork 6-63
6-02 3(17) Falsework and Formwork 6-64
6-02 3(18) Placing Anchor Bolts 6-89
6-02 3(19) Bridge Bearings 6-89
6-02 3(20) Grout for Anchor Bolts and Bridge Bearings 6-100
6-02 3(21) Drainage of Box Girder Cells 6-100
6-02 3(22) Drainage of Substructure 6-100
6-02 3(23) Opening to Traffic 6-101
6-02 3(24) Reinforcement 6-101
6-02 3(25) Prestressed Concrete Girders 6-113
6-02 3(26) Post-Tensioned Concrete 6-127
6-02 4 Measurement 6-130
6-02 5 Payment 6-132
2023 Standard Specifications M 41-10 Page 19
Contents
6-03 Steel Structures 6-134
6-03 1 Description 6-134
6-03 2 Materials 6-134
6-03 3 Construction Requirements 6-134
6-03 3(1) Vacant 6-134
6-03 3(2) Facilities for Inspection 6-135
6-03 3(3) Inspector’s Authority 6-135
6-03 3(4) Rejections 6-135
6-03 3(5) Mill Orders and Shipping Statements 6-135
6-03 3(6) Weighing 6-135
6-03 3(7) Shop Plans 6-135
6-03 3(8) Substitutions 6-136
6-03 3(9) Handling, Storing, and Shipping of Materials 6-136
6-03 3(10) Straightening Bent Material 6-137
6-03 3(11) Quality of Construction and Finish 6-137
6-03 3(12) Falsework 6-137
6-03 3(13) Fabricating Tension Members 6-137
6-03 3(14) Edge Finishing 6-137
6-03 3(15) Planing of Bearing Surfaces 6-138
6-03 3(16) Abutting Joints 6-138
6-03 3(17) End Connection Angles 6-138
6-03 3(18) Built Members 6-138
6-03 3(19) Hand Holes 6-139
6-03 3(20) Lacing Bars 6-139
6-03 3(21) Plate Girders 6-139
6-03 3(22) Eyebars 6-139
6-03 3(23) Annealing 6-139
6-03 3(24) Pins and Rollers 6-139
6-03 3(25) Welding and Repair Welding 6-140
6-03 3(26) Screw Threads 6-143
6-03 3(27) High-Strength Bolt Holes 6-143
6-03 3(28) Shop Assembly 6-145
6-03 3(29) Welded Shear Connectors 6-146
6-03 3(30) Painting 6-146
6-03 3(31) Alignment and Camber 6-146
6-03 3(32) Assembling and Bolting 6-147
6-03 3(33) Bolted Connections 6-148
6-03 3(34) Adjusting Pin Nuts 6-154
6-03 3(35) Setting Anchor Bolts 6-154
6-03 3(36) Setting and Grouting Masonry Plates 6-154
6-03 3(37) Setting Steel Bridge Bearings 6-155
6-03 3(38) Placing Superstructure 6-155
6-03 3(39) Swinging the Span 6-155
6-03 3(40) Draining Pockets 6-155
6-03 3(41) Vacant 6-155
6-03 3(42) Surface Condition 6-155
6-03 3(43) Castings, Steel Forgings, and Miscellaneous Metals 6-156
6-03 4 Measurement 6-156
6-03 5 Payment 6-156
Page 20 2023 Standard Specifications M 41-10
Contents
6-04 Timber Structures 6-158
6-04 1 Description 6-158
6-04 2 Materials 6-158
6-04 3 Construction Requirements 6-158
6-04 3(1) Storing and Handling Material 6-158
6-04 3(2) Quality of Construction 6-158
6-04 3(3) Shop Details 6-158
6-04 3(4) Field Treatment of Cut Surfaces, Bolt Holes, and
Contact Surfaces 6-158
6-04 3(5) Holes for Bolts, Dowels, Rods, and Lag Screws 6-159
6-04 3(6) Bolts, Washers, and Other Hardware 6-159
6-04 3(7) Countersinking 6-159
6-04 3(8) Framing 6-159
6-04 3(9) Framed Bents 6-159
6-04 3(10) Caps 6-159
6-04 3(11) Bracing 6-160
6-04 3(12) Stringers 6-160
6-04 3(13) Wheel Guards and Railings 6-160
6-04 3(14) Single-Plank Floors 6-160
6-04 3(15) Laminated Floors 6-160
6-04 3(16) Plank Subfloors for Concrete Decks 6-161
6-04 3(17) Trusses 6-161
6-04 3(18) Painting 6-161
6-04 4 Measurement 6-161
6-04 5 Payment 6-161
6-05 Piling 6-162
6-05 1 Description 6-162
6-05 2 Materials 6-162
6-05 3 Construction Requirements 6-162
6-05 3(1) Piling Terms 6-162
6-05 3(2) Ordering Piling 6-164
6-05 3(3) Manufacture of Precast Concrete Piling 6-164
6-05 3(4) Manufacture of Steel Casings for Cast-In-Place
Concrete Piles 6-166
6-05 3(5) Manufacture of Steel Piles 6-166
6-05 3(6) Splicing Steel Casings and Steel Piles 6-166
6-05 3(7) Storage and Handling 6-166
6-05 3(8) Pile Tips and Shoes 6-167
6-05 3(9) Pile Driving Equipment 6-168
6-05 3(10) Test Piles 6-170
6-05 3(11) Driving Piles 6-171
6-05 3(12) Determination of Bearing Values 6-174
6-05 3(13) Treatment of Timber Pile Heads 6-175
6-05 3(14) Extensions and Buildups of Precast Concrete Piles 6-175
6-05 3(15) Completion of Cast-In-Place Concrete Piles 6-176
6-05 4 Measurement 6-176
6-05 5 Payment 6-177
2023 Standard Specifications M 41-10 Page 21
Contents
6-06 Bridge Railings 6-178
6-06 1 Description 6-178
6-06 2 Materials 6-178
6-06 3 Construction Requirements 6-178
6-06 3(1) Timber Railings 6-178
6-06 3(2) Metal Railings 6-178
6-06 4 Measurement 6-179
6-06 5 Payment 6-179
6-07 Painting 6-180
6-07 1 Description 6-180
6-07 2 Materials 6-180
6-07 3 Construction Requirements 6-180
6-07 3(1) Work Force Qualifications 6-180
6-07 3(2) Submittals 6-180
6-07 3(3) Quality Control and Quality Assurance 6-183
6-07 3(4) Paint System Manufacturer’s Technical
Representative 6-184
6-07 3(5) Pre-Painting Conference 6-184
6-07 3(6) Paint Containers, Storage, and Handling 6-184
6-07 3(7) Paint Sampling and Testing 6-185
6-07 3(8) Equipment 6-185
6-07 3(9) Painting New Steel Structures 6-185
6-07 3(10) Painting Existing Steel Structures 6-189
6-07 3(11) Painting or Powder Coating of Galvanized Surfaces 6-196
6-07 3(12) Painting Ferry Terminal Structures 6-199
6-07 3(13) Painting Timber Structures 6-202
6-07 3(14) Metallic Coatings 6-202
6-07 4 Measurement 6-205
6-07 5 Payment 6-205
6-08 Bituminous Surfacing on Structure Decks 6-207
6-08 1 Description 6-207
6-08 2 Materials 6-207
6-08 3 Construction Requirements 6-207
6-08 3(1) Definitions 6-207
6-08 3(2) Contractor Survey for Grade Controlled
Structure Decks 6-207
6-08 3(3) General Bituminous Pavement Removal
Requirements 6-208
6-08 3(4) Partial Depth Removal of Bituminous Pavement
from Structure Decks 6-208
6-08 3(5) Full Depth Removal of Bituminous Pavement
from Structure Decks 6-209
6-08 3(6) Repair of Damage due to Bituminous Pavement
Removal Operations 6-209
6-08 3(7) Concrete Deck Repair 6-210
6-08 3(8) Waterproof Membrane for Structure Decks 6-210
6-08 3(9) Placing Bituminous Pavement on Structure Decks 6-212
6-08 3(10) HMA Compaction on Structure Decks 6-212
6-08 3(11) Paved Panel Joint Seals and HMA Sawcut and Seals 6-212
6-08 4 Measurement 6-212
6-08 5 Payment 6-213
Page 22 2023 Standard Specifications M 41-10
Contents
6-09 Modified Concrete Overlays 6-214
6-09 1 Description 6-214
6-09 2 Materials 6-214
6-09 3 Construction Requirements 6-215
6-09 3(1) Equipment 6-215
6-09 3(2) Submittals 6-219
6-09 3(3) Concrete Overlay Mixes 6-219
6-09 3(4) Storing and Handling 6-221
6-09 3(5) Scarifying Concrete Surface 6-221
6-09 3(6) Further Deck Preparation 6-223
6-09 3(7) Surface Preparation for Concrete Overlay 6-224
6-09 3(8) Quality Assurance 6-225
6-09 3(9) Mixing Concrete For Concrete Overlay 6-226
6-09 3(10) Overlay Profile and Screed Rails 6-226
6-09 3(11) Placing Concrete Overlay 6-227
6-09 3(12) Finishing Concrete Overlay 6-229
6-09 3(13) Curing Concrete Overlay 6-229
6-09 3(14) Checking for Bond 6-229
6-09 3(15) Sealing and Texturing Concrete Overlay 6-230
6-09 4 Measurement 6-230
6-09 5 Payment 6-230
6-10 Concrete Barrier 6-232
6-10 1 Description 6-232
6-10 2 Materials 6-232
6-10 3 Construction Requirements 6-232
6-10 3(1) Precast Concrete Barrier 6-232
6-10 3(2) Cast-In-Place Concrete Barrier 6-233
6-10 3(3) Removing and Resetting Permanent Concrete Barrier 6-234
6-10 3(4) Joining Precast Concrete Barrier to Cast-In-Place
Barrier 6-234
6-10 3(5) Temporary Barrier 6-234
6-10 3(6) Placing Concrete Barrier 6-235
6-10 4 Measurement 6-235
6-10 5 Payment 6-236
6-11 Reinforced Concrete Walls 6-237
6-11 1 Description 6-237
6-11 2 Materials 6-237
6-11 3 Construction Requirements 6-237
6-11 3(1) Submittals 6-237
6-11 3(2) Excavation and Foundation Preparation 6-237
6-11 3(3) Precast Concrete Wall Stem Panels 6-238
6-11 3(4) Cast-In-Place Concrete Construction 6-239
6-11 3(5) Backfill, Weepholes, and Gutters 6-239
6-11 3(6) Traffic Barrier and Pedestrian Barrier 6-239
6-11 4 Measurement 6-239
6-11 5 Payment 6-240
2023 Standard Specifications M 41-10 Page 23
Contents
6-12 Noise Barrier Walls 6-241
6-12 1 Description 6-241
6-12 2 Materials 6-241
6-12 3 Construction Requirements 6-241
6-12 3(1) Submittals 6-241
6-12 3(2) Work Access and Site Preparation 6-242
6-12 3(3) Shaft Construction 6-242
6-12 3(4) Trench, Grade Beam, or Spread Footing Construction 6-243
6-12 3(5) Cast-In-Place Concrete Panel Construction 6-243
6-12 3(6) Precast Concrete Panel Fabrication and Erection 6-244
6-12 3(7) Masonry Wall Construction 6-244
6-12 3(8) Fabricating and Erecting Timber Noise Barrier Wall
Panels 6-245
6-12 3(9) Access Doors and Concrete Landing Pads 6-245
6-12 3(10) Finish Ground Line Dressing 6-245
6-12 4 Measurement 6-245
6-12 5 Payment 6-246
6-13 Structural Earth Walls 6-247
6-13 1 Description 6-247
6-13 2 Materials 6-247
6-13 3 Construction Requirements 6-247
6-13 3(1) Quality Assurance 6-247
6-13 3(2) Submittals 6-248
6-13 3(3) Excavation and Foundation Preparation 6-250
6-13 3(4) Precast Concrete Facing Panel and Concrete
Block Fabrication 6-250
6-13 3(5) Precast Concrete Facing Panel and Concrete
Block Erection 6-252
6-13 3(6) Welded Wire Faced Structural Earth Wall Erection 6-253
6-13 3(7) Backfill 6-253
6-13 3(8) Guardrail Placement 6-254
6-13 3(9) SEW Traffic Barrier and SEW Pedestrian Barrier 6-254
6-13 4 Measurement 6-255
6-13 5 Payment 6-255
6-14 Geosynthetic Retaining Walls 6-256
6-14 1 Description 6-256
6-14 2 Materials 6-256
6-14 3 Construction Requirements 6-256
6-14 3(1) Quality Assurance 6-256
6-14 3(2) Submittals 6-257
6-14 3(3) Excavation and Foundation Preparation 6-257
6-14 3(4) Erection and Backfill 6-257
6-14 3(5) Guardrail Placement 6-259
6-14 3(6) Permanent Facing 6-259
6-14 3(7) Geosynthetic Retaining Wall Traffic Barrier and
Geosynthetic Retaining Wall Pedestrian Barrier 6-259
6-14 4 Measurement 6-259
6-14 5 Payment 6-260
Page 24 2023 Standard Specifications M 41-10
Contents
6-15 Soil Nail Walls 6-261
6-15 1 Description 6-261
6-15 2 Materials 6-261
6-15 3 Construction Requirements 6-261
6-15 3(1) General Description 6-261
6-15 3(2) Contractor’s Experience Requirements 6-261
6-15 3(3) Submittals 6-261
6-15 3(4) Preconstruction Conference 6-262
6-15 3(5) Earthwork 6-263
6-15 3(6) Soil Nailing 6-263
6-15 3(7) Shotcrete Facing 6-264
6-15 3(8) Soil Nail Testing and Acceptance 6-265
6-15 3(9) Concrete Fascia Panels 6-268
6-15 4 Measurement 6-268
6-15 5 Payment 6-269
6-16 Soldier Pile and Soldier Pile Tieback Walls 6-270
6-16 1 Description 6-270
6-16 2 Materials 6-270
6-16 3 Construction Requirements 6-270
6-16 3(1) Quality Assurance 6-270
6-16 3(2) Submittals 6-270
6-16 3(3) Shaft Excavation 6-272
6-16 3(4) Installing Soldier Piles 6-272
6-16 3(5) Backfilling Shaft 6-273
6-16 3(6) Designing and Installing Lagging and Installing
Permanent Ground Anchors 6-273
6-16 3(7) Prefabricated Drainage Mat 6-276
6-16 3(8) Concrete Fascia Panel 6-276
6-16 4 Measurement 6-277
6-16 5 Payment 6-277
6-17 Permanent Ground Anchors 6-279
6-17 1 Description 6-279
6-17 2 Materials 6-279
6-17 3 Construction Requirements 6-279
6-17 3(1) Definitions 6-279
6-17 3(2) Contractor Experience Requirements 6-279
6-17 3(3) Submittals 6-280
6-17 3(4) Preconstruction Conference 6-281
6-17 3(5) Tendon Fabrication 6-281
6-17 3(6) Tendon Storage and Handling 6-282
6-17 3(7) Installing Permanent Ground Anchors 6-283
6-17 3(8) Testing and Stressing 6-284
6-17 3(9) Permanent Ground Anchor Acceptance Criteria 6-287
6-17 4 Measurement 6-287
6-17 5 Payment 6-288
2023 Standard Specifications M 41-10 Page 25
Contents
6-18 Shotcrete Facing 6-289
6-18 1 Description 6-289
6-18 2 Materials 6-289
6-18 3 Construction Requirements 6-289
6-18 3(1) Submittals 6-289
6-18 3(2) Mix Design 6-289
6-18 3(3) Testing 6-289
6-18 3(4) Qualifications of Contractor’s Personnel 6-290
6-18 3(5) Placing Wire Reinforcement 6-291
6-18 3(6) Alignment Control 6-291
6-18 3(7) Shotcrete Application 6-291
6-18 3(8) Shotcrete Finishing 6-292
6-18 4 Measurement 6-292
6-18 5 Payment 6-292
6-19 Shafts 6-293
6-19 1 Description 6-293
6-19 2 Materials 6-293
6-19 3 Construction Requirements 6-293
6-19 3(1) Quality Assurance 6-293
6-19 3(2) Shaft Construction Submittal 6-294
6-19 3(3) Shaft Excavation 6-297
6-19 3(4) Slurry Installation Requirements 6-304
6-19 3(5) Assembly and Placement of Reinforcing Steel 6-306
6-19 3(6) Contractor Furnished Accessories for Nondestructive
QA Testing 6-307
6-19 3(7) Placing Concrete 6-308
6-19 3(8) Casing Removal 6-310
6-19 3(9) Nondestructive QA Testing of Shafts 6-310
6-19 3(10) Engineer’s Final Acceptance of Shafts 6-313
6-19 4 Measurement 6-313
6-19 5 Payment 6-313
6-20 Buried Structures 6-315
6-20 1 Description 6-315
6-20 1(1) Definitions 6-315
6-20 2 Materials 6-315
6-20 3 Construction Requirements 6-316
6-20 3(1) Design 6-316
6-20 3(2) Submittals 6-319
6-20 3(3) Tolerances 6-321
6-20 3(4) Preconstruction Conference 6-322
6-20 3(5) Excavation 6-322
6-20 3(6) Bedding and Foundations 6-323
6-20 3(7) Fabrication 6-324
6-20 3(8) Placement and Assembly 6-325
6-20 3(9) Backfilling 6-326
6-20 3(10) Wingwalls and Headwalls 6-328
6-20 4 Vacant 6-328
6-20 5 Payment 6-328
Page 26 2023 Standard Specifications M 41-10
Contents
Division 7 Drainage Structures, Storm Sewers, Sanitary Sewers, Water Mains,
and Conduits 7-1
7-01 Drains 7-1
7-01 1 Description 7-1
7-01 2 Materials 7-1
7-01 3 Construction Requirements 7-2
7-01 3(1) Drain Pipe 7-2
7-01 3(2) Underdrain Pipe 7-2
7-01 4 Measurement 7-2
7-01 5 Payment 7-2
7-02 Culvert Pipe 7-3
7-02 1 Description 7-3
7-02 2 Materials 7-3
7-02 3 Construction Requirements 7-4
7-02 3(1) Placing Culvert Pipe – General 7-4
7-02 3(2) Installation of Metal End Sections 7-5
7-02 3(3) Headwalls 7-5
7-02 3(4) Removing and Relaying Culvert Pipes 7-5
7-02 3(5) Safety Bars for Culvert Pipe 7-5
7-02 4 Measurement 7-5
7-02 5 Payment 7-6
7-03 Vacant 7-7
7-04 Storm Sewers 7-8
7-04 1 Description 7-8
7-04 2 Materials 7-8
7-04 3 Construction Requirements 7-8
7-04 3(1) Cleaning and Testing 7-8
7-04 4 Measurement 7-11
7-04 5 Payment 7-11
7-05 Manholes, Inlets, Catch Basins, and Drywells 7-12
7-05 1 Description 7-12
7-05 2 Materials 7-12
7-05 3 Construction Requirements 7-12
7-05 3(1) Adjusting Manholes and Catch Basins to Grade 7-13
7-05 3(2) Abandon Existing Manholes 7-14
7-05 3(3) Connections to Existing Manholes 7-14
7-05 3(4) Drop Manhole Connection 7-14
7-05 4 Measurement 7-14
7-05 5 Payment 7-15
7-06 Vacant 7-16
7-07 Cleaning Existing Drainage Structures 7-17
7-07 1 Description 7-17
7-07 2 Vacant 7-17
7-07 3 Construction Requirements 7-17
7-07 4 Vacant 7-17
7-07 5 Payment 7-17
2023 Standard Specifications M 41-10 Page 27
Contents
7-08 General Pipe Installation Requirements 7-18
7-08 1 Description 7-18
7-08 2 Materials 7-18
7-08 3 Construction Requirements 7-18
7-08 3(1) Excavation and Preparation of Trench 7-18
7-08 3(2) Laying Pipe 7-20
7-08 3(3) Backfilling 7-22
7-08 3(4) Plugging Existing Pipe 7-23
7-08 4 Measurement 7-23
7-08 5 Payment 7-23
7-09 Water Mains 7-24
7-09 1 Description 7-24
7-09 1(1) Definitions 7-24
7-09 2 Materials 7-24
7-09 3 Construction Requirements 7-25
7-09 3(1) General 7-25
7-09 3(2) Ungraded Streets 7-25
7-09 3(3) Clearing and Grubbing in Ungraded Streets 7-26
7-09 3(4) Removal of Existing Street Improvements 7-26
7-09 3(5) Grade and Alignment 7-26
7-09 3(6) Existing Utilities 7-26
7-09 3(7) Trench Excavation 7-26
7-09 3(8) Removal and Replacement of Unsuitable Materials 7-28
7-09 3(9) Bedding the Pipe 7-28
7-09 3(10) Backfilling Trenches 7-28
7-09 3(11) Compaction of Backfill 7-28
7-09 3(12) General Pipe Installation 7-29
7-09 3(13) Handling of Pipe 7-29
7-09 3(14) Cutting Pipe 7-29
7-09 3(15) Laying of Pipe on Curves 7-29
7-09 3(16) Cleaning and Assembling Joint 7-30
7-09 3(17) Laying Ductile Iron Pipe With Polyethylene
Encasement 7-30
7-09 3(18) Coupled Pipe 4 inches in Diameter and Larger 7-30
7-09 3(19) Connections 7-30
7-09 3(20) Detectable Marking Tape 7-32
7-09 3(21) Concrete Thrust Blocking 7-32
7-09 3(22) Blowoff Assemblies 7-32
7-09 3(23) Hydrostatic Pressure Test 7-32
7-09 3(24) Disinfection of Water Mains 7-34
7-09 4 Measurement 7-37
7-09 5 Payment 7-37
7-10 Vacant 7-39
7-11 Vacant 7-40
7-12 Valves for Water Mains 7-41
7-12 1 Description 7-41
7-12 2 Materials 7-41
7-12 3 Construction Requirements 7-41
7-12 3(1) Installation of Valve Marker Post 7-42
7-12 4 Measurement 7-42
7-12 5 Payment 7-42
Page 28 2023 Standard Specifications M 41-10
Contents
7-13 Vacant 7-43
7-14 Hydrants 7-44
7-14 1 Description 7-44
7-14 2 Materials 7-44
7-14 3 Construction Requirements 7-44
7-14 3(1) Setting Hydrants 7-44
7-14 3(2) Hydrant Connections 7-44
7-14 3(3) Resetting Existing Hydrants 7-45
7-14 3(4) Moving Existing Hydrants 7-45
7-14 3(5) Reconnecting Existing Hydrants 7-45
7-14 3(6) Hydrant Extensions 7-45
7-14 4 Measurement 7-45
7-14 5 Payment 7-46
7-15 Service Connections 7-47
7-15 1 Description 7-47
7-15 2 Materials 7-47
7-15 3 Construction Requirements 7-47
7-15 3(1) Flushing and Disinfection 7-47
7-15 4 Measurement 7-48
7-15 5 Payment 7-48
7-16 Vacant 7-49
7-17 Sanitary Sewers 7-50
7-17 1 Description 7-50
7-17 2 Materials 7-50
7-17 3 Construction Requirements 7-50
7-17 3(1) Protection of Existing Sewerage Facilities 7-50
7-17 3(2) Cleaning and Testing 7-51
7-17 4 Measurement 7-54
7-17 5 Payment 7-54
7-18 Side Sewers 7-56
7-18 1 Description 7-56
7-18 2 Materials 7-56
7-18 3 Construction Requirements 7-56
7-18 3(1) General 7-56
7-18 3(2) Fittings 7-56
7-18 3(3) Testing 7-56
7-18 3(4) Extending Side Sewers Into Private Property 7-56
7-18 3(5) End Pipe Marker 7-56
7-18 4 Measurement 7-57
7-18 5 Payment 7-57
7-19 Sewer Cleanouts 7-58
7-19 1 Description 7-58
7-19 2 Materials 7-58
7-19 3 Construction Requirements 7-58
7-19 4 Measurement 7-58
7-19 5 Payment 7-58
2023 Standard Specifications M 41-10 Page 29
Contents
Division 8 Miscellaneous Construction 8-1
8-01 Erosion Control and Water Pollution Control 8-1
8-01 1 Description 8-1
8-01 1(1) Definitions 8-1
8-01 2 Materials 8-2
8-01 3 Construction Requirements 8-2
8-01 3(1) General 8-2
8-01 3(2) Temporary Seeding and Mulching 8-8
8-01 3(3) Placing Erosion Control Blanket 8-9
8-01 3(4) Placing Compost Blanket 8-9
8-01 3(5) Plastic Covering 8-10
8-01 3(6) Check Dams 8-10
8-01 3(7) Stabilized Construction Entrance 8-10
8-01 3(8) Street Cleaning 8-11
8-01 3(9) Sediment Control Barriers 8-11
8-01 3(10) Wattles 8-13
8-01 3(11) Outlet Protection 8-13
8-01 3(12) Compost Sock 8-14
8-01 3(13) Temporary Curb 8-14
8-01 3(14) Temporary Pipe Slope Drain 8-14
8-01 3(15) Maintenance 8-14
8-01 3(16) Removal 8-15
8-01 4 Measurement 8-15
8-01 4(1) Lump Sum Bid for Project (No Unit Items) 8-15
8-01 4(2) Item Bids 8-15
8-01 4(3) Reinstating Unit Items with Lump Sum Erosion
Control and Water Pollution Prevention 8-16
8-01 4(4) Items not included with Lump Sum Erosion Control
and Water Pollution Prevention 8-16
8-01 5 Payment 8-17
8-01 5(1) Lump Sum Bid for Project (No Unit Items) 8-17
8-01 5(2) Item Bids 8-17
8-01 5(3) Reinstating Unit Items with Lump Sum Erosion
Control and Water Pollution Prevention 8-18
8-01 5(4) Items not included with Lump Sum Erosion Control
and Water Pollution Prevention 8-18
8-02 Roadside Restoration 8-19
8-02 1 Description 8-19
8-02 2 Materials 8-19
8-02 3 Construction Requirements 8-19
8-02 3(1) Responsibility During Construction 8-19
8-02 3(2) Work Plans 8-20
8-02 3(3) Weed and Pest Control 8-21
8-02 3(4) Topsoil 8-22
8-02 3(5) Roadside Seeding, Lawn and Planting Area
Preparation 8-23
8-02 3(6) Mulch and Amendments 8-24
8-02 3(7) Layout of Planting, Lawn and Seeding Areas 8-25
8-02 3(8) Planting 8-25
8-02 3(9) Seeding, Fertilizing, and Mulching 8-27
8-02 3(10) Lawn Installation 8-29
8-02 3(11) Mulch 8-30
8-02 3(12) Inspection and Completion of Initial Planting 8-31
8-02 3(13) Plant Establishment 8-32
Page 30 2023 Standard Specifications M 41-10
Contents
8-02 3(14) Plant Replacement 8-32
8-02 3(15) Bioengineering 8-33
8-02 3(16) Roadside Maintenance Under Construction 8-34
8-02 4 Measurement 8-35
8-02 5 Payment 8-35
8-03 Irrigation Systems 8-38
8-03 1 Description 8-38
8-03 1(1) Definitions 8-38
8-03 1(2) Regulations and Code 8-38
8-03 2 Materials 8-39
8-03 3 Construction Requirements 8-39
8-03 3(1) General Requirements 8-39
8-03 3(2) Submittals 8-39
8-03 3(3) Layout of Irrigation System 8-40
8-03 3(4) Irrigation Water Service 8-40
8-03 3(5) Irrigation Electrical Service 8-40
8-03 3(6) Excavation 8-41
8-03 3(7) Piping 8-41
8-03 3(8) Jointing 8-42
8-03 3(9) Irrigation System Installation 8-42
8-03 3(10) Flushing and Testing 8-44
8-03 3(11) Backfill 8-45
8-03 3(12) Adjusting System 8-45
8-03 3(13) As-Built Plans, M&O Manuals, and Operating Tools 8-46
8-03 3(14) System Operation 8-47
8-03 4 Vacant 8-48
8-03 5 Payment 8-48
8-04 Curbs, Gutters, and Spillways 8-49
8-04 1 Description 8-49
8-04 2 Materials 8-49
8-04 3 Construction Requirements 8-49
8-04 3(1) Cement Concrete Curbs, Gutters, and Spillways 8-49
8-04 3(2) Extruded Asphalt Concrete Curbs and Gutters 8-50
8-04 3(3) Vacant 8-50
8-04 3(4) Metal Spillways 8-51
8-04 3(5) Spillways at Bridge Ends 8-51
8-04 4 Measurement 8-51
8-04 5 Payment 8-51
8-05 Vacant 8-53
8-06 Cement Concrete Driveway Entrances 8-54
8-06 1 Description 8-54
8-06 2 Materials 8-54
8-06 3 Construction Requirements 8-54
8-06 4 Measurement 8-54
8-06 5 Payment 8-54
8-07 Precast Traffic Curb 8-55
8-07 1 Description 8-55
8-07 2 Materials 8-55
8-07 3 Construction Requirements 8-55
8-07 3(1) Aggregates and Proportioning 8-55
8-07 3(2) Mixing 8-55
8-07 3(3) Forms 8-56
8-07 3(4) Placing Concrete 8-56
8-07 3(5) Removal of Forms 8-56
2023 Standard Specifications M 41-10 Page 31
Contents
8-07 3(6) Curing Concrete 8-56
8-07 3(7) Finish 8-56
8-07 3(8) Surface Treatment 8-56
8-07 3(9) Dimensions and Shape 8-57
8-07 3(10) Curb Lengths 8-57
8-07 3(11) Defective Curb 8-57
8-07 3(12) Repairing Curb 8-57
8-07 3(13) Identification Marking 8-58
8-07 3(14) Shipping 8-58
8-07 3(15) Sampling and Inspection 8-58
8-07 3(16) Installing Curbs 8-58
8-07 3(17) Painting of Curbs 8-59
8-07 4 Measurement 8-59
8-07 5 Payment 8-59
8-08 Rumble Strips 8-60
8-08 1 Description 8-60
8-08 2 Vacant 8-60
8-08 3 Construction Requirements 8-60
8-08 4 Measurement 8-60
8-08 5 Payment 8-60
8-09 Raised Pavement Markers 8-61
8-09 1 Description 8-61
8-09 2 Materials 8-61
8-09 3 Construction Requirements 8-61
8-09 3(1) Preliminary Spotting 8-61
8-09 3(2) Surface Preparation 8-61
8-09 3(3) Marker Preparation 8-61
8-09 3(4) Adhesive Preparation 8-62
8-09 3(5) Application Procedure 8-62
8-09 3(6) Recessed Pavement Marker 8-62
8-09 3(7) Tolerances for Pavement Markers 8-63
8-09 4 Measurement 8-63
8-09 5 Payment 8-63
8-10 Guide Posts 8-64
8-10 1 Description 8-64
8-10 2 Materials 8-64
8-10 3 Construction Requirements 8-64
8-10 4 Measurement 8-64
8-10 5 Payment 8-64
8-11 Guardrail 8-65
8-11 1 Description 8-65
8-11 2 Materials 8-65
8-11 3 Construction Requirements 8-65
8-11 3(1) Beam Guardrail 8-65
8-11 4 Measurement 8-68
8-11 5 Payment 8-68
8-12 Chain Link Fence and Wire Fence 8-70
8-12 1 Description 8-70
8-12 2 Materials 8-70
8-12 3 Construction Requirements 8-70
8-12 3(1) Chain Link Fence and Gates 8-70
8-12 3(2) Wire Fence and Gates 8-72
8-12 4 Measurement 8-74
8-12 5 Payment 8-74
Page 32 2023 Standard Specifications M 41-10
Contents
8-13 Monument Cases 8-75
8-13 1 Description 8-75
8-13 2 Materials 8-75
8-13 3 Construction Requirements 8-75
8-13 3(1) Monument Case and Cover 8-75
8-13 3(2) Adjust Monument Case and Cover 8-75
8-13 4 Measurement 8-76
8-13 5 Payment 8-76
8-14 Cement Concrete Sidewalks 8-77
8-14 1 Description 8-77
8-14 2 Materials 8-77
8-14 3 Construction Requirements 8-77
8-14 3(1) Excavation 8-77
8-14 3(2) Forms 8-77
8-14 3(3) Placing and Finishing Concrete 8-77
8-14 3(4) Curing 8-78
8-14 3(5) Detectable Warning Surface 8-78
8-14 4 Measurement 8-78
8-14 5 Payment 8-79
8-15 Riprap 8-80
8-15 1 Description 8-80
8-15 2 Materials 8-80
8-15 3 Construction Requirements 8-80
8-15 3(1) Excavation for Riprap 8-80
8-15 3(2) Loose Riprap 8-80
8-15 3(3) Hand Placed Riprap 8-80
8-15 3(4) Vacant 8-80
8-15 3(5) Vacant 8-80
8-15 3(6) Quarry Spalls 8-81
8-15 3(7) Filter Blanket 8-81
8-15 4 Measurement 8-81
8-15 5 Payment 8-81
8-16 Concrete Slope Protection 8-82
8-16 1 Description 8-82
8-16 2 Materials 8-82
8-16 3 Construction Requirements 8-82
8-16 3(1) Footing and Preparation of Slope 8-82
8-16 3(2) Placing Semi-Open Concrete Masonry Units 8-82
8-16 3(3) Poured in Place Cement Concrete 8-82
8-16 3(4) Pneumatically Placed Concrete 8-83
8-16 4 Measurement 8-83
8-16 5 Payment 8-83
8-17 Impact Attenuator Systems 8-84
8-17 1 Description 8-84
8-17 2 Materials 8-84
8-17 3 Construction Requirements 8-84
8-17 4 Measurement 8-84
8-17 5 Payment 8-85
2023 Standard Specifications M 41-10 Page 33
Contents
8-18 Mailbox Support 8-86
8-18 1 Description 8-86
8-18 2 Materials 8-86
8-18 3 Construction Requirements 8-86
8-18 4 Measurement 8-86
8-18 5 Payment 8-86
8-19 Vacant 8-87
8-20 Illumination, Traffic Signal Systems, Intelligent Transportation Systems,
and Electrical 8-88
8-20 1 Description 8-88
8-20 1(1) Regulations and Code 8-88
8-20 1(2) Industry Codes and Standards 8-88
8-20 1(3) Permitting and Inspections 8-89
8-20 2 Materials 8-90
8-20 2(1) Equipment List and Drawings 8-90
8-20 3 Construction Requirements 8-91
8-20 3(1) General 8-91
8-20 3(2) Excavating and Backfilling 8-92
8-20 3(3) Removing and Replacing Improvements 8-93
8-20 3(4) Foundations 8-93
8-20 3(5) Conduit 8-95
8-20 3(6) Junction Boxes, Cable Vaults, and Pull Boxes 8-101
8-20 3(7) Messenger Cable, Fittings 8-102
8-20 3(8) Wiring 8-103
8-20 3(9) Bonding, Grounding 8-106
8-20 3(10) Service, Transformer and ITS Cabinets 8-107
8-20 3(11) Testing 8-107
8-20 3(12) Painting 8-111
8-20 3(13) Illumination Systems 8-111
8-20 3(14) Signal Systems 8-113
8-20 3(15) Grout 8-115
8-20 3(16) Reinstalling Salvaged Material 8-115
8-20 3(17) “As Built” Plans 8-115
8-20 4 Measurement 8-115
8-20 5 Payment 8-116
8-21 Permanent Signing 8-117
8-21 1 Description 8-117
8-21 2 Materials 8-117
8-21 3 Construction Requirements 8-117
8-21 3(1) Location of Signs 8-117
8-21 3(2) Placement of Signs 8-117
8-21 3(3) Sign Covering 8-117
8-21 3(4) Sign Removal 8-118
8-21 3(5) Sign Relocation 8-118
8-21 3(6) Sign Refacing 8-118
8-21 3(7) Sign Message Revision 8-119
8-21 3(8) Sign Cleaning 8-119
8-21 3(9) Sign Structures 8-119
8-21 3(10) Sign Attachment 8-124
8-21 3(11) Multiple Panel Signs 8-124
8-21 3(12) Steel Sign Posts 8-124
8-21 4 Measurement 8-125
8-21 5 Payment 8-125
Page 34 2023 Standard Specifications M 41-10
Contents
8-22 Pavement Marking 8-126
8-22 1 Description 8-126
8-22 2 Materials 8-126
8-22 3 Construction Requirements 8-126
8-22 3(1) Preliminary Spotting 8-126
8-22 3(2) Preparation of Roadway Surfaces 8-126
8-22 3(3) Marking Application 8-127
8-22 3(4) Tolerances for Lines and Grooves 8-130
8-22 3(5) Installation Instructions 8-130
8-22 3(6) Removal of Pavement Markings 8-130
8-22 4 Measurement 8-131
8-22 5 Payment 8-132
8-23 Temporary Pavement Markings 8-134
8-23 1 Description 8-134
8-23 2 Materials 8-134
8-23 3 Construction Requirements 8-134
8-23 3(1) General 8-134
8-23 3(2) Preliminary Spotting 8-134
8-23 3(3) Preparation of Roadway Surface 8-134
8-23 3(4) Pavement Marking Application 8-134
8-23 4 Measurement 8-136
8-23 5 Payment 8-137
8-24 Rock and Gravity Block Wall and Gabion Cribbing 8-138
8-24 1 Description 8-138
8-24 2 Materials 8-138
8-24 3 Construction Requirements 8-138
8-24 3(1) Rock Wall 8-138
8-24 3(2) Gravity Block Wall 8-139
8-24 3(3) Gabion Cribbing 8-139
8-24 4 Measurement 8-141
8-24 5 Payment 8-141
8-25 Glare Screen 8-142
8-25 1 Description 8-142
8-25 2 Materials 8-142
8-25 3 Construction Requirements 8-142
8-25 3(1) Glare Screen Fabric 8-142
8-25 3(2) Slats 8-142
8-25 3(3) Posts 8-142
8-25 3(4) Tension Wire 8-142
8-25 4 Measurement 8-142
8-25 5 Payment 8-143
8-26 Vacant 8-144
8-27 Vacant 8-145
8-28 Vacant 8-146
8-29 Wire Mesh Slope Protection 8-147
8-29 1 Description 8-147
8-29 2 Materials 8-147
8-29 3 Construction Requirements 8-147
8-29 3(1) Submittals 8-147
8-29 3(2) Anchors 8-147
8-29 3(3) Wire Rope 8-147
8-29 3(4) Wire Mesh 8-148
8-29 4 Measurement 8-148
8-29 5 Payment 8-148
2023 Standard Specifications M 41-10 Page 35
Contents
8-30 Vacant 8-149
8-31 Temporary Stream Diversion 8-150
8-31 1 Description 8-150
8-31 2 Materials 8-150
8-31 3 Construction Requirements 8-150
8-31 3(1) General 8-150
8-31 3(2) Temporary Stream Diversion Plan 8-151
8-31 3(3) Fish Block Net Installation and Fish and Aquatic
Species Exclusion 8-153
8-31 3(4) Dewatering Work Areas 8-154
8-31 3(5) Inspection and Maintenance 8-154
8-31 3(6) Channel Rewatering and Removal of TSD
Components (Except Nets) 8-154
8-31 3(7) Removal of Fish Block Nets 8-155
8-31 4 Vacant 8-155
8-31 5 Payment 8-155
8-32 Vacant 8-156
Page 36 2023 Standard Specifications M 41-10
Contents
Division 9 Materials 9-1
9-00 Definitions and Tests 9-1
9-00 1 Fracture 9-1
9-00 2 Wood Waste 9-1
9-00 3 Test for Mass of Galvanizing 9-1
9-00 4 Sieves for Testing Purposes 9-1
9-00 5 Dust Ratio 9-1
9-00 6 Sand/Silt Ratio 9-1
9-00 7 Galvanized Hardware, AASHTO M232 9-1
9-00 8 Sand Equivalent 9-1
9-00 9 Field Test Procedures 9-1
9-01 Cement 9-2
9-01 1 Types of Cement 9-2
9-01 2 Specifications 9-2
9-01 2(1) Portland Cement 9-2
9-01 2(2) Rapid Hardening Hydraulic Cement 9-3
9-01 3 Tests and Acceptance 9-3
9-01 4 Storage on the Work Site 9-3
9-02 Bituminous Materials 9-4
9-02 1 Asphalt Material, General 9-4
9-02 1(1) Vacant 9-4
9-02 1(2) Vacant 9-4
9-02 1(3) Vacant 9-4
9-02 1(4) Performance Graded (PG) Asphalt Binder 9-4
9-02 1(5) Vacant 9-4
9-02 1(6) Cationic Emulsified Asphalt 9-4
9-02 1(7) Vacant 9-5
9-02 1(8) Flexible Bituminous Pavement Marker Adhesive 9-5
9-02 2 Sampling and Acceptance 9-6
9-02 2(1) Certification of Shipment 9-6
9-02 2(2) Samples 9-6
9-02 3 Temperature of Asphalt 9-6
9-02 4 Anti-Stripping Additive 9-6
9-02 5 HMA Additive 9-6
9-03 Aggregates 9-7
9-03 1 Aggregates for Concrete 9-7
9-03 1(1) General Requirements 9-7
9-03 1(2) Fine Aggregate for Concrete 9-8
9-03 1(3) Vacant 9-8
9-03 1(4) Coarse Aggregate for Concrete 9-8
9-03 1(5) Combined Aggregate Gradation for Concrete 9-9
9-03 2 Aggregate for Job-Mixed Portland Cement or Blended Hydraulic
Cement Mortar 9-10
9-03 2(1) Grading for Surface Finishing Applications 9-11
9-03 2(2) Grading for Masonry Mortar Applications 9-11
9-03 3 Vacant 9-11
9-03 4 Aggregate for Bituminous Surface Treatment 9-11
9-03 4(1) General Requirements 9-11
9-03 4(2) Grading and Quality 9-11
9-03 5 Vacant 9-12
9-03 6 Vacant 9-12
9-03 7 Vacant 9-12
9-03 8 Aggregates for Hot Mix Asphalt 9-12
9-03 8(1) General Requirements 9-12
9-03 8(2) HMA Test Requirements 9-13
2023 Standard Specifications M 41-10 Page 37
Contents
9-03 8(3) Grading 9-14
9-03 8(4) Vacant 9-14
9-03 8(5) Mineral Filler 9-14
9-03 8(6) HMA Proportions of Materials 9-14
9-03 8(7) HMA Tolerances, Specification Limits and
Adjustments 9-15
9-03 9 Aggregates for Ballast and Crushed Surfacing 9-16
9-03 9(1) Ballast 9-16
9-03 9(2) Permeable Ballast 9-16
9-03 9(3) Crushed Surfacing 9-17
9-03 9(4) Maintenance Rock 9-17
9-03 10 Aggregate for Gravel Base 9-18
9-03 11 Streambed Aggregates 9-18
9-03 11(1) Streambed Sediment 9-18
9-03 11(2) Streambed Cobbles 9-19
9-03 11(3) Streambed Boulders 9-19
9-03 11(4) Habitat Boulders 9-20
9-03 12 Gravel Backfill 9-20
9-03 12(1) Gravel Backfill for Foundations 9-20
9-03 12(2) Gravel Backfill for Walls 9-20
9-03 12(3) Gravel Backfill for Pipe Zone Bedding 9-21
9-03 12(4) Gravel Backfill for Drains 9-21
9-03 12(5) Gravel Backfill for Drywells 9-21
9-03 13 Backfill for Sand Drains 9-22
9-03 13(1) Sand Drainage Blanket 9-22
9-03 14 Borrow 9-22
9-03 14(1) Gravel Borrow 9-22
9-03 14(2) Select Borrow 9-22
9-03 14(3) Common Borrow 9-23
9-03 14(4) Gravel Borrow for Structural Earth Wall 9-23
9-03 15 Native Material for Trench Backfill 9-24
9-03 16 Vacant 9-24
9-03 17 Foundation Material Class A and Class B 9-24
9-03 18 Foundation Material Class C 9-24
9-03 19 Bank Run Gravel for Trench Backfill 9-24
9-03 20 Test Methods for Aggregates 9-24
9-03 21 Recycled Material 9-25
9-03 21(1) General Requirements 9-25
9-04 Joint Sealing Materials 9-30
9-04 1 Premolded Joint Fillers 9-30
9-04 1(1) Asphalt Filler for Contraction and Longitudinal
Joints in Concrete Pavements 9-30
9-04 1(2) Premolded Joint Filler for Expansion Joints 9-30
9-04 1(3) Vacant 9-30
9-04 1(4) Elastomeric Expansion Joint Seals 9-30
9-04 2 Joint Sealants 9-30
9-04 2(1) Hot Poured Joint Sealants 9-30
9-04 2(2) Poured Rubber Joint Sealer 9-31
9-04 2(3) Single-Component Polyurethane Sealant 9-32
9-04 3 Joint Mortar 9-32
9-04 4 Pipe Joint Gaskets 9-32
9-04 4(1) Rubber Gaskets for Concrete Pipes and Precast
Manholes 9-32
9-04 4(2) Vacant 9-32
Page 38 2023 Standard Specifications M 41-10
Contents
9-04 4(3) Gaskets for Aluminum or Steel Culvert or Storm
Sewer Pipe 9-32
9-04 4(4) Rubber Gaskets for Aluminum or Steel Drain Pipe 9-32
9-04 4(5) Protection and Storage 9-32
9-04 5 Flexible Plastic Gaskets 9-32
9-04 6 Expanded Polystyrene 9-33
9-04 7 Expanded Rubber 9-33
9-04 8 Flexible Elastomeric Seals 9-33
9-04 9 Solvent Cements 9-33
9-04 10 Butyl Rubber and Nitrile Rubber 9-33
9-04 11 Butyl Rubber Sealant 9-33
9-04 12 External Sealing Band 9-33
9-05 Drainage Structures and Culverts 9-34
9-05 0 Acceptance and Approval of Drainage Structures, and Culverts 9-34
9-05 1 Drain Pipe 9-34
9-05 1(1) Vacant 9-34
9-05 1(2) Zinc Coated (Galvanized) or Aluminum Coated
(Aluminized) Corrugated Iron or Steel Drain Pipe 9-34
9-05 1(3) Corrugated Aluminum Alloy Drain Pipe 9-34
9-05 1(4) Vacant 9-34
9-05 1(5) PVC Drain Pipe, Couplings, and Fittings 9-34
9-05 1(6) Corrugated Polyethylene Drain Pipe, Couplings, and
Fittings (Up to 10 inch) 9-35
9-05 1(7) Corrugated Polyethylene Drain Pipe, Couplings, and
Fittings (12 inch Through 60 inch) 9-35
9-05 2 Underdrain Pipe 9-35
9-05 2(1) Vacant 9-35
9-05 2(2) Vacant 9-35
9-05 2(3) Vacant 9-35
9-05 2(4) Zinc Coated (Galvanized) or Aluminum Coated
(Aluminized) Corrugated Iron or Steel Underdrain Pipe 9-35
9-05 2(5) Perforated Corrugated Aluminum Alloy Underdrain
Pipe 9-36
9-05 2(6) Perforated PVC Underdrain Pipe 9-36
9-05 2(7) Perforated Corrugated Polyethylene Underdrain
Pipe (Up to 10 inch) 9-36
9-05 2(8) Perforated Corrugated Polyethylene Underdrain
Pipe (12-Inch Through 60-Inch Diameter Maximum),
Couplings, and Fittings 9-36
9-05 3 Concrete Culvert Pipe 9-36
9-05 3(1) Plain Concrete Culvert Pipe 9-36
9-05 3(2) Reinforced Concrete Culvert Pipe 9-37
9-05 3(3) Mitered Concrete End Sections 9-38
9-05 4 Steel Culvert Pipe and Pipe Arch 9-38
9-05 4(1) Elliptical Fabrication 9-38
9-05 4(2) Mitered Ends 9-38
9-05 4(3) Vacant 9-38
9-05 4(4) Vacant 9-38
9-05 4(5) Polymer Protective Coating 9-39
9-05 4(6) Vacant 9-39
9-05 4(7) Coupling Bands 9-39
9-05 4(8) Steel Nestable Pipe 9-39
9-05 4(9) Steel End Sections 9-40
9-05 5 Aluminum Culvert Pipe 9-40
9-05 5(1) Elliptical Fabrication 9-40
2023 Standard Specifications M 41-10 Page 39
Contents
9-05 5(2) Mitered Ends 9-40
9-05 5(3) Vacant 9-40
9-05 5(4) Vacant 9-40
9-05 5(5) Coupling Bands 9-40
9-05 5(6) Aluminum End Sections 9-40
9-05 6 Structural Plate Pipes, Arches and Boxes 9-40
9-05 6(1) Steel Structural Plate Structures 9-40
9-05 6(2) Aluminum Structural Plate Structures 9-41
9-05 7 Concrete Storm Sewer Pipe 9-41
9-05 7(1) Plain Concrete Storm Sewer Pipe 9-41
9-05 7(2) Reinforced Concrete Storm Sewer Pipe 9-41
9-05 7(3) Concrete Storm Sewer Pipe Joints 9-41
9-05 7(4) Testing Concrete Storm Sewer Pipe Joints 9-41
9-05 8 Vitrified Clay Sewer Pipe 9-42
9-05 9 Steel Spiral Rib Storm Sewer Pipe 9-42
9-05 9(1) Continuous Lock Seam Pipe 9-42
9-05 9(2) Vacant 9-43
9-05 9(3) Coupling Bands 9-43
9-05 10 Steel Storm Sewer Pipe 9-43
9-05 10(1) Coupling Bands 9-43
9-05 10(2) Basis for Acceptance 9-43
9-05 11 Aluminum Storm Sewer Pipe 9-43
9-05 11(1) Coupling Bands 9-44
9-05 11(2) Basis for Acceptance 9-44
9-05 12 Polyvinyl Chloride (PVC) Pipe 9-44
9-05 12(1) Solid Wall PVC Culvert Pipe, Solid Wall PVC Storm
Sewer Pipe, and Solid Wall PVC Sanitary Sewer Pipe 9-44
9-05 12(2) Profile Wall PVC Culvert Pipe, Profile Wall PVC Storm
Sewer Pipe, and Profile Wall PVC Sanitary Sewer Pipe 9-44
9-05 13 Ductile Iron Sewer Pipe 9-45
9-05 14 ABS Composite Sewer Pipe 9-45
9-05 15 Metal Castings 9-45
9-05 15(1) Manhole Ring and Cover 9-45
9-05 15(2) Metal Frame, Grate, and Solid Metal Cover for Catch
Basins or Inlets 9-46
9-05 15(3) Cast Metal Inlets 9-46
9-05 16 Grate Inlets and Drop Inlets 9-46
9-05 17 Aluminum Spiral Rib Storm Sewer Pipe 9-46
9-05 17(1) Continuous Lock Seam Pipe 9-47
9-05 17(2) Coupling Bands 9-47
9-05 18 Safety Bars for Culvert Pipe 9-47
9-05 19 Corrugated Polyethylene Culvert Pipe, Couplings, and Fittings 9-47
9-05 20 Corrugated Polyethylene Storm Sewer Pipe, Couplings, and Fittings 9-48
9-05 21 Steel Rib Reinforced Polyethylene Culvert Pipe 9-48
9-05 22 Steel Rib Reinforced Polyethylene Storm Sewer Pipe 9-48
9-05 23 High-Density Polyethylene (HDPE) Pipe 9-49
9-05 24 Polypropylene Culvert Pipe, Polypropylene Storm Sewer Pipe, and
Polypropylene Sanitary Sewer Pipe 9-49
9-05 24(1) Polypropylene Culvert Pipe and Storm Sewer Pipe 9-50
9-05 24(2) Polypropylene Sanitary Sewer Pipe 9-50
9-05 30 Vacant 9-50
9-05 40 Vacant 9-50
9-05 50 Precast Concrete Drainage Structures 9-50
9-05 50(1) Fabrication Tolerances and Requirements 9-50
9-05 50(2) Manholes 9-51
9-05 50(3) Precast Concrete Catch Basins 9-51
Page 40 2023 Standard Specifications M 41-10
Contents
9-05 50(4) Precast Concrete Inlets 9-51
9-05 50(5) Precast Concrete Drywells 9-51
9-05 50(6) Vacant 9-51
9-05 50(7) Vacant 9-52
9-05 50(8) Vacant 9-52
9-05 50(9) Synthetic Micro Fibers for Precast Units 9-52
9-05 50(10) Synthetic Macro Fibers for Precast Units 9-52
9-05 51 Adjustment Sections 9-52
9-05 51(1) Precast Concrete 9-52
9-05 51(2) Metal Castings 9-52
9-05 51(3) Concrete Block 9-52
9-05 51(4) Concrete Brick 9-52
9-05 51(5) Expanded Polypropylene Foam 9-52
9-06 Structural Steel and Related Materials 9-53
9-06 1 Structural Carbon Steel 9-53
9-06 2 Structural Low Alloy Steel 9-53
9-06 3 Structural High-Strength Steel 9-53
9-06 4 Vacant 9-53
9-06 5 Bolts and Rods 9-53
9-06 5(1) Unfinished Bolts 9-53
9-06 5(2) Vacant 9-53
9-06 5(3) High-Strength Bolts 9-53
9-06 5(4) Anchor Bolts and Anchor Rods 9-55
9-06 6 Vacant 9-55
9-06 7 Vacant 9-55
9-06 8 Steel Castings 9-55
9-06 9 Gray Iron Castings 9-55
9-06 10 Malleable Iron Castings 9-55
9-06 11 Steel Forgings and Steel Shafting 9-55
9-06 12 Bronze Castings 9-56
9-06 13 Vacant 9-56
9-06 14 Ductile Iron Castings 9-56
9-06 15 Welded Shear Connectors 9-56
9-06 16 Roadside Sign Structures 9-56
9-06 17 Noise Barrier Wall Access Door 9-57
9-06 18 Metal Bridge Railing 9-58
9-06 19 Strip Seal and Modular Expansion Joint System Components 9-58
9-06 19(1) Strip Seal Expansion Joint System Components 9-58
9-06 19(2) Modular Expansion Joint System Components 9-58
9-06 20 Vacant 9-59
9-06 21 Vacant 9-59
9-06 22 Bolts, Washers, and Other Hardware 9-59
9-07 Reinforcing Steel 9-60
9-07 1 General 9-60
9-07 1(1) Acceptance by Manufacturer’s Certification 9-60
9-07 1(2) Bending 9-60
9-07 1(3) Lengths 9-61
9-07 1(4) Vacant 9-61
9-07 2 Deformed Steel Bars 9-61
9-07 2(1) Headed Steel Reinforcing Bar 9-61
9-07 3 Epoxy-Coated Steel Reinforcing Bars 9-62
9-07 4 Plain Steel Bars 9-62
9-07 5 Dowel Bars (for Cement Concrete Pavement) 9-62
9-07 5(1) Dowel Bars for Cement Concrete Pavement
Rehabilitation 9-62
2023 Standard Specifications M 41-10 Page 41
Contents
9-07 5(2) Corrosion Resistant Dowel Bars (for Cement
Concrete Pavement and Cement Concrete Pavement
Rehabilitation) 9-63
9-07 6 Tie Bars (for Cement Concrete Pavement) 9-64
9-07 7 Welded Wire Reinforcement 9-64
9-07 8 Deformed Wire 9-64
9-07 9 Cold Drawn Wire 9-64
9-07 10 Prestressing Reinforcement Strand 9-64
9-07 11 Prestressing Reinforcement Bar 9-65
9-08 Paints and Related Materials 9-66
9-08 1 Paint 9-66
9-08 1(1) Description 9-66
9-08 1(2) Paint Types 9-66
9-08 1(3) Working Properties 9-67
9-08 1(4) Storage Properties 9-67
9-08 1(5) Fineness of Grinding 9-68
9-08 1(6) Test Methods 9-68
9-08 1(7) Acceptance 9-68
9-08 1(8) Standard Colors 9-68
9-08 2 Powder Coating Materials for Coating Galvanized Surfaces 9-68
9-08 3 Concrete Surface Treatments 9-69
9-08 3(1) Pigmented Sealer Materials 9-69
9-08 3(2) Exposed Aggregate Concrete Coatings and Sealers 9-69
9-08 3(3) Permeon Treatment 9-70
9-08 4 Abrasive Blast Materials 9-70
9-08 4(1) Abrasive Blast Media 9-70
9-08 4(2) Lead Abatement Additive 9-70
9-08 5 Surface Cleaning Materials 9-70
9-08 5(1) Bird Guano Treatment 9-70
9-08 5(2) Fungicide Treatment 9-70
9-08 5(3) Water 9-70
9-08 6 Filter Fabric 9-70
9-08 7 Single-Component Polyurethane Sealant 9-70
9-08 8 Foam Backer Rod 9-70
9-09 Timber and Lumber 9-71
9-09 1 General Requirements 9-71
9-09 2 Grade Requirements 9-71
9-09 2(1) Structures 9-72
9-09 2(2) Guardrail Posts and Blocks 9-72
9-09 2(3) Signposts, Mileposts, Sawed Fence Posts, and
Mailbox Posts 9-72
9-09 3 Preservative Treatment 9-73
9-09 3(1) General Requirements 9-73
9-10 Piling 9-74
9-10 1 Timber Piling 9-74
9-10 1(1) Untreated Piling 9-74
9-10 1(2) Creosote Treated Piling 9-74
9-10 1(3) Timber Composite Piling 9-75
9-10 1(4) Peeling 9-75
9-10 2 Concrete Piling 9-75
9-10 2(1) Concrete 9-75
9-10 2(2) Reinforcement 9-75
9-10 3 Cast-In-Place Concrete Piling 9-75
9-10 4 Steel Pile Tips and Shoes 9-75
9-10 5 Steel Piling 9-76
Page 42 2023 Standard Specifications M 41-10
Contents
9-11 Waterproof Membrane 9-77
9-11 1 Asphalt for Waterproofing 9-77
9-11 2 Primer for Waterproof Membrane 9-77
9-12 Masonry Units 9-78
9-12 1 Concrete Blocks 9-78
9-12 2 Concrete Brick 9-78
9-13 Riprap, Quarry Spalls, Slope Protection, and Rock for Erosion and Scour
Protection and Rock Walls 9-79
9-13 1 Riprap and Quarry Spalls 9-79
9-13 1(1) General 9-79
9-13 1(2) Heavy Loose Riprap 9-79
9-13 1(3) Light Loose Riprap 9-79
9-13 1(4) Hand Placed Riprap 9-80
9-13 1(5) Quarry Spalls 9-80
9-13 2 Vacant 9-80
9-13 3 Vacant 9-80
9-13 4 Rock for Erosion and Scour Protection 9-80
9-13 4(1) Suitable Shape of Rock for Erosion and Scour
Protection 9-80
9-13 4(2) Grading Requirements of Rock for Erosion and Scour
Protection 9-81
9-13 5 Concrete Slope Protection 9-81
9-13 5(1) Semi-Open Concrete Masonry Units Slope Protection 9-81
9-13 5(2) Poured Portland Cement or Blended Hydraulic
Cement Concrete Slope Protection 9-81
9-13 5(3) Pneumatically Placed Portland Cement or Blended
Hydraulic Cement Concrete Slope Protection 9-82
9-13 6 Vacant 9-82
9-13 7 Rock for Rock Wall 9-82
9-13 7(1) Rock for Rock Walls and Chinking Material 9-82
9-13 7(2) Backfill for Rock Wall 9-82
9-14 Erosion Control and Roadside Planting 9-83
9-14 1 Materials Submittals and Acceptance 9-83
9-14 2 Topsoil 9-85
9-14 2(1) Topsoil Type A 9-85
9-14 2(2) Topsoil Type B 9-85
9-14 2(3) Topsoil Type C 9-85
9-14 3 Seed 9-85
9-14 4 Fertilizer 9-85
9-14 5 Mulch and Amendments 9-86
9-14 5(1) Straw 9-86
9-14 5(2) Hydraulically Applied Erosion Control Products
(HECPs) 9-86
9-14 5(3) Bark or Wood Chip Mulch 9-89
9-14 5(4) Wood Strand Mulch 9-89
9-14 5(5) Agricultural Grade Dolomite Lime 9-89
9-14 5(6) Agricultural Grade Gypsum 9-89
9-14 5(7) Tackifier 9-90
9-14 5(8) Compost 9-90
9-14 5(9) Horticultural Grade Perlite 9-91
9-14 6 Erosion Control Devices 9-92
9-14 6(1) Polyacrylamide (PAM) 9-92
9-14 6(2) Biodegradable Erosion Control Blanket 9-92
9-14 6(3) Plastic Covering 9-93
2023 Standard Specifications M 41-10 Page 43
Contents
9-14 6(4) Check Dams 9-93
9-14 6(5) Wattles 9-94
9-14 6(6) Compost Socks 9-94
9-14 6(7) Coir Log 9-95
9-14 6(8) High Visibility Fencing 9-95
9-14 6(9) High Visibility Silt Fence 9-95
9-14 7 Plant Materials 9-95
9-14 7(1) Description 9-95
9-14 7(2) Quality 9-96
9-14 7(3) Handling and Shipping 9-97
9-14 7(4) Sod 9-98
9-14 8 Stakes, Guys, and Wrapping 9-98
9-15 Irrigation System 9-99
9-15 1 Pipe and Fittings 9-99
9-15 1(1) Galvanized Pipe and Fittings 9-99
9-15 1(2) Polyvinyl Chloride Pipe and Fittings 9-99
9-15 1(3) Polyethylene Pipe 9-99
9-15 2 Drip Tubing 9-100
9-15 3 Automatic Controllers 9-100
9-15 4 Irrigation Heads 9-100
9-15 5 Valve Boxes 9-100
9-15 6 Gate Valves 9-101
9-15 7 Control Valves 9-101
9-15 7(1) Manual Control Valves 9-101
9-15 7(2) Automatic Control Valves 9-101
9-15 7(3) Automatic Control Valves with Pressure Regulator 9-101
9-15 8 Quick Coupling Valves 9-101
9-15 9 Drain Valves 9-102
9-15 10 Hose Bibs 9-102
9-15 11 Cross Connection Control Devices 9-102
9-15 12 Check Valves 9-102
9-15 13 Pressure Regulating Valves 9-102
9-15 14 Three-Way Valves 9-102
9-15 15 Flow Control Valves 9-102
9-15 16 Air Relief Valve 9-103
9-15 17 Electrical Wire and Splices 9-103
9-15 18 Detectable Marking Tape 9-103
9-15 19 Wye Strainers 9-103
9-16 Fence and Guardrail 9-104
9-16 1 Chain Link Fence and Gates 9-104
9-16 1(1) General 9-104
9-16 2 Wire Fence and Gates 9-105
9-16 2(1) General 9-105
9-16 3 Beam Guardrail 9-107
9-16 3(1) Rail Element 9-107
9-16 3(2) Posts and Blocks 9-108
9-16 3(3) Galvanizing 9-108
9-16 3(4) Hardware 9-108
9-16 3(5) Anchors 9-109
9-16 3(6) Inspection and Acceptance 9-109
9-16 4 Wire Mesh Slope Protection 9-110
9-16 4(1) General 9-110
9-16 4(2) Wire Mesh 9-110
9-16 4(3) Wire Rope 9-110
9-16 4(4) Hardware 9-110
Page 44 2023 Standard Specifications M 41-10
Contents
9-16 4(5) Fasteners and Lacing Wire 9-110
9-16 4(6) Ground Anchors 9-110
9-16 5 Vacant 9-111
9-16 6 Glare Screen 9-111
9-16 6(1) General 9-111
9-16 6(2) Glare Screen Fabric 9-111
9-16 6(3) Posts 9-111
9-16 6(4) Tension Wire 9-111
9-16 6(5) Vacant 9-111
9-16 6(6) Tension Wire Attachments 9-112
9-16 6(7) Slats 9-112
9-16 6(8) Fittings 9-112
9-16 6(9) Fabric Bands and Stretcher Bars 9-112
9-16 6(10) Tie Wire and Hog Rings 9-112
9-17 Flexible Guide Posts 9-113
9-17 1 General 9-113
9-17 1(1) Dimensions 9-113
9-17 1(2) Reflective Sheeting 9-114
9-17 2 Ultraviolet Resistance Test Procedure (Laboratory Test) 9-114
9-17 2(1) Acceptance 9-114
9-17 3 Field Impact Test Procedure 9-114
9-17 3(1) Test Observations 9-115
9-17 3(2) Acceptance 9-115
9-17 4 Pre-approval 9-115
9-18 Vacant 9-117
9-19 Detectable Warning Surface 9-118
9-19 1 Surface Applied Detectable Warning Surface 9-118
9-19 1(1) General Requirements 9-118
9-19 2 Cast-in-Place Detectable Warning Surface 9-118
9-19 2(1) General Requirements 9-118
9-20 Concrete Patching Material, Grout, and Mortar 9-119
9-20 1 Patching Material for Cement Concrete Pavement 9-119
9-20 1(1) Patching Mortar 9-119
9-20 1(2) Patching Mortar Extended With Aggregate 9-119
9-20 1(3) Aggregate 9-119
9-20 1(4) Water 9-120
9-20 2 Patching Material for Concrete Structure Repair 9-120
9-20 3 Grout 9-120
9-20 3(1) Grout Type 1 for Post-Tensioning Applications 9-120
9-20 3(2) Grout Type 2 for Nonshrink Applications 9-120
9-20 3(3) Grout Type 3 for Unconfined Applications 9-120
9-20 3(4) Grout Type 4 for Multipurpose Applications 9-121
9-20 4 Mortar 9-121
9-20 4(1) Fine Aggregate for Mortar 9-121
9-20 4(2) Mortar Type 1 for Concrete Surface Finish 9-121
9-20 4(3) Mortar Type 2 for Masonry Applications 9-121
9-20 4(4) Mortar Type 3 for Concrete Repair 9-121
9-20 5 Bridge Deck Repair Material 9-121
9-21 Raised Pavement Markers (RPM) 9-122
9-21 1 Raised Pavement Markers Type 1 9-122
9-21 1(1) Physical and Chemical Properties 9-122
9-21 2 Raised Pavement Markers Type 2 9-122
9-21 2(1) Standard Raised Pavement Markers Type 2 9-122
9-21 2(2) Abrasion Resistant Raised Pavement Markers Type 2 9-122
9-21 3 Raised Pavement Markers Type 3 9-123
2023 Standard Specifications M 41-10 Page 45
Contents
9-22 Monument Cases 9-124
9-22 1 Monument Cases, Covers, and Risers 9-124
9-23 Concrete Curing Materials, Bonding Agents, and Admixtures 9-125
9-23 1 Sheet Materials for Curing Concrete 9-125
9-23 2 Liquid Membrane-Forming Concrete Curing Compounds 9-125
9-23 3 Water Repellent Compound 9-125
9-23 4 Sodium Metasilicate 9-125
9-23 5 Burlap Cloth 9-125
9-23 6 Chemical Admixtures for Concrete 9-125
9-23 6(1) Air-Entraining Admixtures 9-125
9-23 6(2) Type A Water-Reducing Admixtures 9-125
9-23 6(3) Type B Retarding Admixtures 9-125
9-23 6(4) Type C Accelerating Admixtures 9-126
9-23 6(5) Type D Water-Reducing and Retarding Admixtures 9-126
9-23 6(6) Type E Water-Reducing and Accelerating Admixtures 9-126
9-23 6(7) Type F Water-Reducing, High Range Admixtures 9-126
9-23 6(8) Type G Water-Reducing, High Range, and
Retarding Admixtures 9-126
9-23 6(9) Type S Specific Performance Admixtures 9-126
9-23 7 Vacant 9-126
9-23 8 Waterproofing 9-126
9-23 9 Fly Ash 9-126
9-23 9(1) Tests and Acceptance 9-127
9-23 10 Ground Granulated Blast Furnace Slag 9-127
9-23 10(1) Tests and Acceptance 9-127
9-23 11 Microsilica Fume 9-127
9-23 12 Natural Pozzolan 9-127
9-23 13 Blended Supplementary Cementitious Material 9-128
9-24 Plastic Waterstop 9-129
9-24 1 Material 9-129
9-24 1(1) Tests of Material 9-129
9-25 Water 9-130
9-25 1 Water for Concrete 9-130
9-25 2 Water for Plants 9-130
9-26 Epoxy Resins 9-131
9-26 1 Epoxy Bonding Agents 9-131
9-26 1(1) General 9-131
9-26 1(2) Packaging and Marking 9-131
9-26 1(3) Certification 9-131
9-26 1(4) Rejection 9-131
9-26 1(5) Acceptance 9-132
9-26 2 Epoxy Adhesive for Lane Markers 9-132
9-26 2(1) General 9-132
9-26 2(2) Packaging and Marking 9-132
9-26 2(3) Certification 9-132
9-26 2(4) Rejection 9-132
9-26 2(5) Acceptance 9-132
9-26 3 Epoxy Grout/Mortar/Concrete 9-132
9-26 3(1) General 9-132
9-26 3(2) Packaging and Marking 9-133
9-26 3(3) Certification 9-133
9-26 3(4) Rejection 9-133
9-26 3(5) Acceptance 9-133
Page 46 2023 Standard Specifications M 41-10
Contents
9-27 Cribbing 9-134
9-27 1 Vacant 9-134
9-27 2 Vacant 9-134
9-27 3 Gabion Cribbing 9-134
9-27 3(1) Gabion Fabric 9-134
9-27 3(2) Gabion Baskets 9-134
9-27 3(3) Gabion Mattresses 9-135
9-27 3(4) Fasteners for Basket Assembly 9-135
9-27 3(5) Nonraveling Construction 9-136
9-27 3(6) Stone 9-136
9-28 Signing Materials and Fabrication 9-137
9-28 1 General 9-137
9-28 2 Manufacturer’s Identification and Date 9-137
9-28 3 Corner Radius 9-137
9-28 4 Extruded Windbeams and “Z” Bar 9-137
9-28 5 Letter and Spacing Formula 9-137
9-28 6 Destination Sign Messages 9-138
9-28 7 Process Colors 9-138
9-28 8 Sheet Aluminum Signs 9-138
9-28 9 Fiberglass Reinforced Plastic Signs 9-139
9-28 9(1) Mechanical Properties 9-139
9-28 9(2) Physical Properties 9-139
9-28 10 Digital Printing 9-140
9-28 11 Hardware 9-141
9-28 12 Reflective Sheeting 9-141
9-28 12(1) Application 9-145
9-28 12(2) Edge Treatment 9-145
9-28 12(3) Splices and Color Matching 9-145
9-28 13 Demountable Prismatic Reflectorized Message and Borders 9-145
9-28 14 Sign Support Structures 9-145
9-28 14(1) Timber Sign Posts 9-146
9-28 14(2) Steel Structures and Posts 9-146
9-28 14(3) Aluminum Structures 9-147
9-28 15 Vacant 9-147
9-29 Illumination, Signal, Electrical 9-148
9-29 1 Conduit, Innerduct, and Outerduct 9-148
9-29 1(1) Rigid Metal Conduit, Galvanized Steel Outerduct,
and Fittings 9-148
9-29 1(2) Rigid Metal Conduit Fittings and Appurtenances 9-148
9-29 1(3) Flexible Metal Conduit 9-149
9-29 1(4) Non-Metallic Conduit 9-149
9-29 1(5) Innerduct and Outerduct 9-149
9-29 1(6) Detectable Underground Warning Tape 9-151
9-29 1(7) Steel Casings 9-151
9-29 1(8) Drilling Fluid 9-151
9-29 1(9) Repair 9-151
9-29 1(10) Pull Tape 9-152
9-29 1(11) Foam Conduit Sealant 9-152
9-29 2 Junction Boxes, Cable Vaults, and Pull Boxes 9-152
9-29 2(1) Junction Boxes 9-152
9-29 2(2) Cable Vaults and Pull Boxes 9-155
9-29 2(3) Structure Mounted Junction Box 9-156
9-29 2(4) Cover Markings 9-157
9-29 2(5) Testing Requirements 9-157
2023 Standard Specifications M 41-10 Page 47
Contents
9-29 3 Fiber Optic Cable, Electrical Conductors, and Cable 9-159
9-29 3(1) Fiber Optic Cable 9-159
9-29 3(2) Electrical Conductors and Cable 9-160
9-29 3(3) Wire Marking Sleeves 9-162
9-29 4 Messenger Cable, Fittings 9-163
9-29 5 Vacant 9-163
9-29 6 Light and Signal Standards 9-163
9-29 6(1) Steel Light and Signal Standards 9-163
9-29 6(2) Slip Base Hardware 9-164
9-29 6(3) Timber Light Standards, Timber Strain Poles,
Timber Service Supports 9-164
9-29 6(4) Welding 9-164
9-29 6(5) Foundation Hardware 9-164
9-29 7 Luminaire Fusing and Electrical Connections at Light Standard
Bases, Cantilever Bases, and Sign Bridge Bases 9-164
9-29 7(1) Unfused Quick-Disconnect Connector Kits 9-164
9-29 7(2) Fused Quick-Disconnect Kits 9-165
9-29 8 Vacant 9-165
9-29 9 Ballast, Transformers 9-166
9-29 9(1) Ballast 9-166
9-29 9(2) Transformers 9-167
9-29 10 Luminaires 9-167
9-29 10(1) Conventional Roadway Luminaires 9-167
9-29 10(2) Vacant 9-169
9-29 10(3) Vacant 9-169
9-29 10(4) Underdeck and Wall Mount Luminaires 9-169
9-29 11 Control Equipment 9-169
9-29 11(1) Time Clock Controls 9-169
9-29 11(2) Photoelectric Controls 9-170
9-29 12 Electrical Splice Materials 9-170
9-29 12(1) Illumination Circuit Splices 9-170
9-29 12(2) Traffic Signal Splice Material 9-170
9-29 12(3) Splice Enclosures 9-170
9-29 12(4) Re-Enterable Splice Enclosure 9-170
9-29 12(5) Vinyl Electrical Tape for Splices 9-171
9-29 13 Control Cabinet Assemblies 9-171
9-29 13(1) Environmental, Performance, and Test Standards
for Solid-State Traffic Controller Assemblies 9-171
9-29 13(2) Traffic Signal Controller Assembly Testing 9-171
9-29 13(3) Traffic Signal Controller 9-172
9-29 13(4) Traffic-Signal Controller Software 9-172
9-29 13(5) Flashing Operations 9-175
9-29 13(6) Emergency Preemption 9-176
9-29 13(7) Drawings and Wiring Diagrams 9-176
9-29 13(8) Generator Transfer Switch 9-176
9-29 13(9) Vacant 9-177
9-29 13(10) NEMA and Type 2070 Controllers and Cabinets 9-177
9-29 13(11) Traffic Data Accumulator and Ramp Meters 9-185
9-29 13(12) Type 331L ITS Cabinet 9-188
9-29 14 Vacant 9-189
9-29 15 Flashing Beacon Control 9-189
9-29 16 Vehicular Signal Heads, Displays, and Housing 9-189
9-29 16(1) Optically Programmed, Adjustable Face, and
Programmable Array 12-Inch Traffic Signal 9-190
9-29 16(2) Conventional Traffic Signal Heads 9-192
Page 48 2023 Standard Specifications M 41-10
Contents
9-29 16(3) Polycarbonate Traffic Signal Heads 9-193
9-29 16(4) Traffic Signal Cover 9-194
9-29 17 Signal Head Mounting Brackets and Fittings 9-194
9-29 18 Vehicle Detector 9-195
9-29 18(1) Induction Loop Detectors 9-195
9-29 18(2) Magnetometer Detectors 9-195
9-29 19 Pedestrian Push Buttons 9-196
9-29 20 Pedestrian Signals 9-196
9-29 21 Flashing Beacon 9-197
9-29 21(1) Conventional Flashing Beacons 9-197
9-29 22 Vacant 9-197
9-29 23 Vacant 9-197
9-29 24 Service Cabinets 9-198
9-29 24(1) Vacant 9-199
9-29 24(2) Electrical Circuit Breakers and Contactors 9-199
9-29 25 Amplifier, Transformer, and Terminal Cabinets 9-199
9-30 Water Distribution Materials 9-201
9-30 1 Pipe 9-201
9-30 1(1) Ductile Iron Pipe 9-201
9-30 1(2) Polyethylene Encasement 9-201
9-30 1(3) Vacant 9-201
9-30 1(4) Steel Pipe 9-201
9-30 1(5) Polyvinyl Chloride (PVC) 9-202
9-30 1(6) Polyethylene (PE) Pressure Pipe (4 inches and Over) 9-202
9-30 2 Fittings 9-202
9-30 2(1) Ductile Iron Pipe 9-202
9-30 2(2) Vacant 9-202
9-30 2(3) Vacant 9-202
9-30 2(4) Steel Pipe 9-202
9-30 2(5) Polyvinyl Chloride (PVC) Pipe 9-203
9-30 2(6) Restrained Joints 9-203
9-30 2(7) Bolted, Sleeve-Type Couplings for Plain End Pipe 9-203
9-30 2(8) Restrained Flexible Couplings 9-203
9-30 2(9) Grooved and Shouldered Joints 9-203
9-30 2(10) Polyethylene (PE) Pipe (4 inches and Over) 9-203
9-30 2(11) Fabricated Steel Mechanical Slip-Type Expansion
Joints 9-203
9-30 3 Valves 9-203
9-30 3(1) Gate Valves (3 to 16 inches) 9-204
9-30 3(2) Vacant 9-204
9-30 3(3) Butterfly Valves 9-204
9-30 3(4) Valve Boxes 9-204
9-30 3(5) Valve Marker Posts 9-204
9-30 3(6) Valve Stem Extensions 9-204
9-30 3(7) Combination Air Release/Air Vacuum Valves 9-204
9-30 3(8) Tapping Sleeve and Valve Assembly 9-205
9-30 4 Vacant 9-205
9-30 5 Hydrants 9-205
9-30 5(1) End Connections 9-205
9-30 5(2) Hydrant Dimensions 9-205
9-30 5(3) Hydrant Extensions 9-205
9-30 5(4) Hydrant Restraints 9-205
9-30 5(5) Traffic Flange 9-205
9-30 5(6) Guard Posts 9-206
2023 Standard Specifications M 41-10 Page 49
Contents
9-30 6 Water Service Connections (2 inches and Smaller) 9-206
9-30 6(1) Saddles 9-206
9-30 6(2) Corporation Stops 9-206
9-30 6(3) Service Pipes 9-206
9-30 6(4) Service Fittings 9-207
9-30 6(5) Meter Setters 9-207
9-30 6(6) Bronze Nipples and Fittings 9-207
9-30 6(7) Meter Boxes 9-207
9-31 Fabricated Bridge Bearing Assemblies 9-208
9-31 1 Steel Plates and Bars 9-208
9-31 2 Stainless Steel 9-208
9-31 3 Bearing Blocks and Keeper Rings 9-208
9-31 4 Pin Assembly 9-208
9-31 5 Welded Shear Connectors 9-208
9-31 6 Bolts, Nuts and Washers 9-208
9-31 7 Anchor Array Rods, Nuts and Washers 9-208
9-31 8 Bearing Pads 9-209
9-31 8(1) Elastomeric Pads 9-209
9-31 8(2) Polytetrafluoroethylene (PTFE) 9-209
9-31 8(3) Pre-formed Fabric Pad 9-209
9-31 9 Polyether Urethane 9-210
9-31 10 Silicone Grease 9-210
9-31 11 Epoxy Gel 9-210
9-31 12 Resin Filler 9-210
9-32 Mailbox Support 9-211
9-32 1 Steel Posts 9-211
9-32 2 Bracket, Platform, and Anti-Twist Plate 9-211
9-32 3 Vacant 9-211
9-32 4 Vacant 9-211
9-32 5 Fasteners 9-211
9-32 6 Vacant 9-211
9-32 7 Type 2 Mailbox Support 9-211
9-32 8 Concrete Base 9-211
9-32 9 Steel Pipe 9-211
9-32 10 Vacant 9-211
9-33 Construction Geosynthetic 9-212
9-33 1 Geosynthetic Material Requirements 9-212
9-33 2 Geosynthetic Properties 9-213
9-33 2(1) Geotextile Properties 9-213
9-33 2(2) Geotextile Properties for Retaining Walls and
Reinforced Slopes 9-215
9-33 2(3) Prefabricated Drainage Mat 9-216
9-33 3 Aggregate Cushion of Permanent Erosion Control Geotextile 9-216
9-33 4 Geosynthetic Material Approval and Acceptance 9-216
9-33 4(1) Geosynthetic Material Approval 9-216
9-33 4(2) Vacant 9-217
9-33 4(3) Acceptance Samples 9-217
9-33 4(4) Acceptance by Certificate of Compliance 9-218
9-33 4(5) Approval of Seams 9-218
Page 50 2023 Standard Specifications M 41-10
Contents
9-34 Pavement Marking Material 9-219
9-34 1 General 9-219
9-34 2 Paint 9-219
9-34 2(1) Vacant 9-219
9-34 2(2) Color 9-219
9-34 2(3) Prohibited Materials 9-219
9-34 2(4) Low VOC Solvent Based Paint 9-220
9-34 2(5) Low VOC Waterborne Paint 9-221
9-34 2(6) Temporary Pavement Marking Paint 9-223
9-34 3 Plastic 9-223
9-34 3(1) Type A – Liquid Hot Applied Thermoplastic 9-223
9-34 3(2) Type B – Pre-Formed Fused Thermoplastic 9-223
9-34 3(3) Type C – Cold Applied Pre-Formed Tape 9-224
9-34 3(4) Type D – Liquid Cold Applied Methyl Methacrylate 9-224
9-34 4 Glass Beads for Pavement Marking Materials 9-226
9-34 5 Temporary Pavement Marking Tape 9-228
9-34 5(1) Temporary Pavement Marking Tape – Short Duration 9-228
9-34 5(2) Temporary Pavement Marking Tape – Long Duration 9-228
9-34 6 Temporary Flexible Raised Pavement Markers 9-228
9-34 7 Field Testing 9-229
9-34 7(1) Requirements 9-229
9-35 Temporary Traffic Control Materials 9-230
9-35 0 General Requirements 9-230
9-35 1 Stop/Slow Paddles 9-230
9-35 2 Construction Signs 9-230
9-35 3 Wood Sign Posts 9-231
9-35 4 Sequential Arrow Signs 9-231
9-35 5 Portable Changeable Message Signs 9-231
9-35 6 Barricades 9-232
9-35 7 Traffic Safety Drums 9-232
9-35 8 Vacant 9-233
9-35 9 Traffic Cones 9-233
9-35 10 Tubular Markers 9-233
9-35 11 Warning Lights and Flashers 9-233
9-35 12 Transportable Attenuator 9-233
9-35 12(1) Truck-Mounted Attenuator 9-233
9-35 12(2) Trailer-Mounted Attenuator 9-234
9-35 12(3) Submittal Requirements 9-234
9-35 13 42-Inch Tall Channelizing Devices 9-234
9-35 14 Portable Temporary Traffic Control Signal 9-234
9-35 15 Temporary Pedestrian Curb Ramps 9-235
9-35 16 Pedestrian Channelizing Devices 9-235
9-36 Shaft-Related Materials 9-236
9-36 1 Shaft Casing 9-236
9-36 1(1) Permanent Casing 9-236
9-36 1(2) Temporary Casing 9-236
9-36 2 Shaft Slurry 9-236
9-36 2(1) Mineral Slurry 9-236
9-36 2(2) Synthetic Slurry 9-236
9-36 2(3) Water Slurry 9-237
9-36 3 Steel Reinforcing Bar Centralizers 9-237
9-36 4 Access Tubes and Caps 9-237
9-36 5 Grout for Access Tubes 9-237
9-37 Vacant 9-238
Index I-1
2023 Standard Specifications M 41-10 Page 1-1
Division 1 General Requirements
1-01 Definitions and Terms
1-01.1 General
The following abbreviations and terms are defined here as they are used in Contract
documents and Specifications. When used in the Proposal Form to denote items of Work
and units of measurements, abbreviations are defined to mean the full expression.
1-01.2 Abbreviations
1-01.2(1) Associations and Miscellaneous
These abbreviations are used in Plans and Specifications as defined here:
AAA American Arbitration Association
AASHTO American Association of State Highway and Transportation
Officials
ACI American Concrete Institute
AGC Associated General Contractors of America
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber Construction
AMS Aerospace Material Specification
ANLA American Nursery and Landscape Association
ANSI American National Standards Institute
APA American Plywood Association
API American Petroleum Institute
APWA American Public Works Association
AREMA American Railway Engineering and Maintenance Association
ARTBA American Road & Transportation Builders Association
ASA American Standards Association
ASCE American Society of Civil Engineers
ASME American Society of Mechanical Engineers
ASNT American Society for Nondestructive Testing
ASTM American Society for Testing and Materials International
AWPA American Wood Protection Association
AWS American Welding Society
AWWA American Water Works Association
CFR Code of Federal Regulations
CSWGP National Pollution Discharge System Construction Stormwater
General Permit
DIPRA Ductile Iron Pipe Research Association
ECY Washington State Department of Ecology
EEI Edison Electric Institute
EPA Environmental Protection Agency
ESAL Equivalent Single Axle Loads
FHWA Federal Highway Administration
FOP Field Operating Procedure
Page 1-2 2023 Standard Specifications M 41-10
1-01 Definitions and Terms
IA Irrigation Association
ICEA Insulated Cable Engineers Association
ICRI International Repair Institute
IEEE Institute of Electrical and Electronics Engineers
ITE Institute of Transportation Engineers
IES Illumination Engineering Society
IMSA International Municipal Signal Association
MUTCD Manual on Uniform Traffic Control Devices
NEC National Electrical Code
NEMA National Electrical Manufacturers’ Association
NEPA National Environmental Policy Act
NFPA National Fire Protection Association
NIST National Institute of Standards and Technology
NRMCA National Ready Mix Concrete Association
OMWBE Office of Minority and Women’s Business Enterprises
OSHA Occupational Safety and Health Administration
PCA Portland Cement Association
PPI Plastic Pipe Institute
PTI Post Tensioning Institute
PCI Precast/Prestressed Concrete Institute
QPL Qualified Products List
RAM Request for Approval of Material
RCW Revised Code of Washington (Laws of the State)
SAE Society of Automotive Engineers
SEPA State Environmental Policy Act
SOP Standard Operating Procedure
SSPC Society of Protective Coatings
UL Underwriters Laboratories
WAC Washington Administrative Code
WAQTC Western Alliance for Quality Transportation Construction
WCLIB West Coast Lumber Inspection Bureau
WISHA Washington Industrial Safety and Health Administration
WSDOT Washington State Department of Transportation
WWPA Western Wood Products Association
1-01.2(2) Items of Work and Units of Measurement
Plans and Specifications may include common engineering and construction abbreviations.
Many such abbreviations need no definition. But when the following abbreviations are
used, they will only mean:
Agg. Aggregate
Al. Aluminum
BST Bituminous Surface Treatment
Cl. Class
Cfm Cubic Feet per Minute
Cfs Cubic Feet per Second
2023 Standard Specifications M 41-10 Page 1-3
Definitions and Terms 1-01
Comb. Combination
Conc. Concrete
CPA Compaction Price Adjustment
CPF Composite Pay Factor
Crib. Cribbing
Culv. Culvert
cy or cu yd. Cubic Yard
Diam. Diameter
Est. Estimate or Estimated
Excl. Excluding
F Fahrenheit
gph Gallon per Hour
gpm Gallon per Minute
Hund. Hundred
HMA Hot Mix Asphalt
In. Inch
Incl. Including
JMCAF Job Mix Compliance Price Adjustment
JMF Job Mix Formula
lb Pound(s)
LF or Lin. Ft. Linear Foot (Feet)
LS Lump Sum
M Thousand
MBM Thousand Feet Board Measure
MUTS Minimum Ultimate Tensile Strength
PCPS Precast Prestressed
Pres. Pressure
psf Pounds per Square Foot
psi Pounds per Square inch
PVC Polyvinyl Chloride
RAP Recycled Asphalt Pavement
Reg. Regulator
Reinf. Reinforced, Reinforcing
Sec. Section
St. Steel
Str. Structural
sy or sq. yd. Square Yard(s)
Th. Thick or Thickness
Tr. Treatment
Va Air Voids
VFA Voids Filled with Asphalt
VMA Voids in Mineral Aggregate
Page 1-4 2023 Standard Specifications M 41-10
1-01 Definitions and Terms
1-01.3 Definitions
Addendum – A written or graphic document, issued to all Bidders and identified as an
Addendum prior to Bid opening, which modifies or supplements the Bid Documents and
becomes a part of the Contract.
Auxiliary Lane – The part of the Roadway next to Traveled Ways for parking, speed
changes, turning, weaving, truck climbing, or for anything that adds to through traffic
movement.
Award – The formal decision of the Contracting Agency to accept the lowest responsible
and responsive Bidder for the Work.
Bid, Proposal – The offer of a Bidder on a properly completed Proposal Form to perform
the Contract.
Bidder – An individual, partnership, firm, corporation, or joint venture, submitting a
Proposal or Bid. When required by law or otherwise the individual, partnership, firm,
corporation, or joint venture shall be prequalified.
Bid Documents – The component parts of the proposed Contract which may include,
but are not limited to, the Proposal Form, the proposed Contract Provisions, the
proposed Contract Plans, Addenda, and for projects with Contracting Agency subsurface
investigations; the Summary of Geotechnical Conditions and subsurface boring logs
(if any).
Bridge Approach Embankments – An embankment beneath a Structure and extending
100 feet beyond a Structure’s end (at Subgrade elevation for the full embankment
width) plus an access ramp on a 10:1 slope to the original ground elevation. Also,
any embankment that replaces unsuitable foundation soil beneath the Bridge
Approach Embankment.
Call for Bids (Advertisement for Bids) – The published public notice soliciting Proposals
or Bids for Work stating, among other things, the time, place, and date for receiving and
opening the Bids.
Certified Claim - A written claim filed by the Contractor pursuant to the terms, conditions
and requirements of Section 1-09.11(2), after exhausting all the means provided to
resolve a dispute, including the use of a Disputes Review Board if one was established.
Cold Weather Protection Period – A period of time 7 days from the day of concrete
placement or the duration of the cure period, whichever is longer.
Commission, Washington State Transportation Commission – The appointive body having
authority over state transportation matters as provided by law.
Completion Dates – Substantial Completion Date is the day the Engineer determines the
Contracting Agency has full and unrestricted use and benefit of the facilities, both from
the operational and safety standpoint, all the initial plantings are completed and only
minor incidental work, replacement of temporary substitute facilities, plant establishment
periods, or correction or repair remains for the Physical Completion of the total Contract.
Physical Completion Date is the day all of the Work is physically completed on the project.
All documentation required by the Contract and required by law does not necessarily need
to be furnished by the Contractor by this date.
Completion Date is the day all the Work specified in the Contract is completed and all
the obligations of the Contractor under the Contract are fulfilled by the Contractor. All
documentation required by the Contract and required by law must be furnished by the
Contractor before establishment of this date.
2023 Standard Specifications M 41-10 Page 1-5
Definitions and Terms 1-01
Contract – The written agreement between the Contracting Agency and the Contractor. It
describes, among other things:
1. What work will be done, and by when;
2. Who provides labor and materials; and
3. How Contractors will be paid.
The Contract includes the Contract (agreement) Form, Bidder’s completed Proposal Form,
Contract Provisions, Contract Plans, Standard Specifications, Standard Plans, Addenda,
various certifications and affidavits, supplemental agreements, change orders, and
subsurface boring logs (if any).
Contract Bond – The approved form of security furnished by the Contractor and the
Contractor’s Surety as required by the Contract, that guarantees performance of all the
Work required by the Contract and payment to anyone who provides supplies or labor for
the performance of the Work.
Contract Form (Agreement Form) – The form provided by the Contracting Agency that
requires the authorized signatures of the Contractor and the Contracting Agency to result
in formal execution of the Contract.
Contracting Agency – Agency of Government that is responsible for the execution and
administration of the Contract.
Contractor – The individual, partnership, firm, corporation, or joint venture, Contracting
with the Contracting Agency to do prescribed Work.
Contract Plans – A publication addressing the Work required for an individual project. At
the time of the call for Bids, the Contract Plans may include, but are not limited to, the
following: a vicinity map, a summary of quantities, structure notes, signing information,
traffic control plans, and detailed drawings; all for a specific individual project. At the time
of the Contract execution date, the Contract Plans include all Addenda.
Contract Provisions – A publication addressing the Work required for an individual
project. At the time of the call for Bids, the Contract Provisions may include, for a specific
individual project, the Special Provisions, a listing of the applicable Standard Plans, the
prevailing minimum hourly wage rates, and an informational Proposal Form with the listing
of Bid items. The proposed Contract Provisions may also include, for a specific individual
project, the Required Contract Provisions Federal-aid Construction Contracts, and various
required certifications or declarations. At the time of the Contract execution date, the
Contract Provisions include the proposed Contract Provisions and include all Addenda,
a copy of the Contract Form, and a copy of the Proposal Form with the Contract prices
and extensions.
Department, Department of Transportation – The State Agency authorized by law to
administer transportation-related work.
Engineer – The Contracting Agency’s representative who directly supervises the
engineering and administration of a construction Contract.
Federal Highway Administration – The Federal Agency authorized to approve plans and
contracts for Federal-Aid Highway projects. They also inspect such projects to ensure
Contract compliance.
Frontage Road – A local street or road usually next to an arterial Highway that serves
abutting property and adjacent areas and controls access.
Highway – A public way for vehicles, including the entire Right of Way.
Inspector – The Engineer’s representative who inspects Contract performance in detail.
Laboratory – The laboratories of the Contracting Agency, or other laboratories the
Contracting Agency authorizes to test Work, soils, and materials.
Page 1-6 2023 Standard Specifications M 41-10
1-01 Definitions and Terms
Plans – The Contract Plans or Standard Plans which show location, character, and
dimensions of prescribed Work including layouts, profiles, cross-sections, and
other details.
Project Engineer – Same as Engineer.
Proposal Form – The form provided to Bidders by the Contracting Agency for submittal
of a Proposal or Bid to the Contracting Agency for a specific project. The form includes
the item number, estimated plan quantity, and item description of the Bid items along
with blank spaces to be completed by the Bidder for the unit prices, extensions, the total
Bid amount, signatures, date, acknowledgment of Addenda, and the Bidder’s address. The
required certifications and declarations are part of the form.
Railroad Company – The entity(ies) that own railroads or light rail track, trains, right of
way, or equipment that is either within the project limits or is in any way affected by the
Contractor’s Work. When the Contract does not identify these entities, it shall be the
Contractor’s responsibility to do so.
Reference Information – Information provided to the Contractor by the Contracting
Agency that is not part of the Contract.
Right of Way – Land, property, or property interest, usually in a strip, acquired for or
devoted to transportation purposes.
Roadbed – The graded part of the Roadway within top and side slopes, prepared as a
foundation for the pavement structure and Shoulders.
Roadside – The area outside the traveled way.
Roadway – The portion of the Right of Way within the outside limits of the side slopes.
Secretary, Secretary of Transportation – The chief executive officer of the Department
and other authorized representatives.
Shoulder – The part of the Roadway next to the Traveled Way or Auxiliary Lanes. It
provides lateral support of base and surface courses and is an emergency stopping area
for vehicles.
Sensitive Area – Natural features, which may be previously altered by human activity, that
are present on or adjacent to the project location and protected, managed, or regulated by
local, tribal, state, or federal agencies.
Special Provisions – Supplemental Specifications and modifications to the Standard
Specifications that apply to an individual project.
Specifications – Provisions and requirements for the prescribed Work.
Standard Plans – A manual of specific plans or drawings adopted by the Contracting
Agency which show frequently recurring components of Work that have been
standardized for use.
State – The state of Washington acting through its representatives.
Structures – Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing,
manholes, endwalls, buildings, service pipes, sewers, underdrains, foundation drains,
and other features found during Work that the Contract may or may not classify as
a Structure.
Subgrade – The top surface of the Roadbed on which subbase, base, surfacing, pavement,
or layers of similar materials are placed.
2023 Standard Specifications M 41-10 Page 1-7
Definitions and Terms 1-01
Substructure – The part of the Structure below:
1. The bottom of the grout pad for the simple and continuous span bearing, or
2. The bottom of the girder or bottom slab soffit, or
3. Arch skewbacks and construction joints at the top of vertical abutment members or
rigid frame piers.
Substructures include endwalls, wingwalls, barrier and railing attached to the wingwalls,
and cantilever barriers and railings.
Superstructure – The part of the Structure above:
1. The bottom of the grout pad for the simple and continuous span bearing, or
2. The bottom of the block supporting the girder, or
3. Arch skewbacks and construction joints at the top of vertical abutment members or
rigid frame piers.
Longitudinal limits of the Superstructure extend from end to end of the Structure in
accordance with the following criteria:
1. From the face of end diaphragm abutting the bridge approach embankment for end
piers without expansion joints, or
2. From the end pier expansion joint for bridges with end pier expansion joints
Superstructures include, but are not limited to, the bottom slab and webs of box girders,
the bridge deck and diaphragms of all bridges, and the sidewalks when shown on the
bridge deck. The Superstructure also includes the girders, expansion joints, bearings,
barrier, and railing attached to the Superstructure when such Superstructure components
are not otherwise covered by separate unit measured or lump sum bid items.
Superstructures do not include endwalls, wingwalls, barrier and railing attached to the
wingwalls, and cantilever barriers and railings unless supported by the Superstructure.
Surety – A company that is bound with the Contractor to ensure performance of the
Contract, payment of all obligations pertaining to the Work, and fulfillment of such other
conditions as are specified in the Contract, Contract Bond, or otherwise required by law.
Traveled Way – That part of the Roadway made for vehicle travel excluding Shoulders and
Auxiliary Lanes.
Work – The provision of all labor, materials, tools, equipment, and everything needed to
successfully complete a project according to the Contract.
Working Drawings – Drawings, plans, diagrams, or supplementary data or calculations,
including a schedule of submittal dates for Working Drawings where specified, which the
Contractor must submit to the Engineer.
Written Determination – The official position of the Engineer, in writing, on items
including entitlement, instructions, or interpretations. The Written Determination shall be
evidenced by a letter or email originating from the Engineer.
WSDOT Form – Forms developed and maintained by WSDOT that are required or
available for use on a project. These forms can be downloaded from the forms catalogue
at: www.wsdot.wa.gov/forms/pdfforms.html
Page 1-8 2023 Standard Specifications M 41-10
1-01 Definitions and Terms
1-01.4 Interpretations
In the Contract Documents, where appropriate:
1. The singular includes the plural and vice versa; references to statutes or regulations
include all statutory or regulatory provisions consolidating, amending, or replacing the
statute or regulation referred to.
2. The words “including,” “included,” “includes,” and “include” are deemed to be followed
by the words “without limitation “or “but not limited to.”
3. Words defined in Section 1-01.3 apply to all Sections. Words defined in a Section are
intended to be used for interpretations within the Section and shall take precedence
over the definition in Section 1-01.3. Words not otherwise defined which have well-
known technical or construction industry meanings are used in accordance with such
recognized meanings.
4. Words of gender used herein include each other gender where appropriate.
5. Unless otherwise specified, lists contained in the Contract Documents defining the
Project or the Work shall not be deemed all-inclusive.
6. The titles or headings of the Sections and Subsections herein are intended for
convenience of reference and shall not be considered as having any bearing on
their interpretation.
7. References to subcontractors of a given tier shall be interpreted to mean the
tier in relation to the Contractor. For example, first tier subcontractors all hold a
contract directly with the Contractor, known as a first-tier subcontract. Second tier
subcontractors all hold a contract with a first-tier subcontractor, known as a second-
tier subcontract, and so on.
2023 Standard Specifications M 41-10 Page 1-9
Bid Procedures and Conditions 1-02
1-02 Bid Procedures and Conditions
1-02.1 Prequalification of Bidders
The Contracting Agency will provide a Bid Proposal Form only after a prospective Bidder
submits a “Standard Questionnaire and Financial Statement”. This questionnaire enables
the Contracting Agency to decide whether or not the Bidder is qualified to perform
Highway, road, or other public work. The questionnaire shall be sworn to before a person
authorized to take oaths.
On the basis of this questionnaire, the Contracting Agency will either specify the type and
amount of Work it considers the prospective Bidder prequalified to perform or advise the
prospective Bidder of the reasons they failed to be prequalified. To remain prequalified,
the Bidder must submit an updated questionnaire once a year and supplements whenever
required by the Contracting Agency.
A submittal deadline applies to prospective Bidders not prequalified or from whom a
supplemental questionnaire is due. To receive consideration for issuance of a Bid Proposal
Form on a specific project, the questionnaire (or supplement) must be received by the
Prequalification Engineer no less than 15 days prior to the scheduled Bid opening.
The Contracting Agency may withdraw a Bidder’s prequalification or reduce its amount if:
1. The extent of other work the Bidder has under Contract (Contracting Agency or
otherwise) justifies such action, or
2. Past or present work on a Contracting Agency Contract has been less than
satisfactory.
If a Bidder’s questionnaire does not contain sufficient information, the Contracting Agency
may refuse to provide a Bid Proposal Form and disregard any Bid submitted. After opening
Bids, the Contracting Agency may decide that a prequalified Bidder is not responsible
and may refuse to accept the Bid on that basis. Such a refusal will be conclusive unless
the Bidder appeals within five days to the Superior Court of Thurston County. Appeals
shall be heard within ten days after filed and shall provide at least five days’ notice to the
Contracting Agency.
The Bidder shall ensure that the combination of the Bid amount and other Contract
work with the Contracting Agency does not exceed the prequalification amount. If this
combination does exceed the prequalification amount, the Contracting Agency may
determine the Bidder to be not responsible and refuse to Award a Contract.
Two or more prospective Bidders may, in a joint venture, prequalify and Bid jointly on a
single Contract. Each shall have filed a “Standard Questionnaire and Financial Statement”.
Together they shall also file a standard form of “Individual Project Statement of Joint
Venture” and a joint venture agreement in a form acceptable to the Contracting Agency.
To Bid jointly on a continuous joint venture on more than one Contract, two or more
prospective Bidders shall submit:
1. A “Standard Questionnaire and Financial Statement” compiled for the joint venture;
2. A “Standard Questionnaire and Financial Statement” for each member (if the
Contracting Agency has no copy on file); and
3. A copy of the “Joint Venture Agreement” signed by each member of the joint venture
and naming each person authorized to sign documents on its behalf. (If any member is
a corporation, a corporate resolution shall accompany the agreement. This resolution
shall authorize the joint venture agreement and name the officer(s) authorized to sign
the joint venture agreement or Contract on behalf of the corporation.)
The Contracting Agency will treat the continuing joint venture as a new firm and decide its
prequalification on that basis.
All joint ventures and each of its members are subject to Section 1-02.14.
Page 1-10 2023 Standard Specifications M 41-10
1-02 Bid Procedures and Conditions
1-02.2 Plans and Specifications
The Contracting Agency will place review copies of the Plans and Specifications on file
in the offices of:
1. All Regional Administrators of the Department;
2. The County Engineer of the county in which the Work is located; and
3. These plans service offices of the Associated General Contractors of America: Seattle,
Spokane, and Tacoma, Washington.
Prospective Bidders may purchase Plans and Specifications from the Department of
Transportation for the fee indicated in the call for Bids. For more information, see
https://wsdot.wa.gov/business-wsdot/how-do-business-us/public-works-contracts/how-
bid-contract. The fee shall accompany each request for Plans. Checks shall be payable to
the State of Washington, Department of Transportation.
After Award of the Contract, the Plans and Specifications will be issued without charge
on the following basis:
To Contractor
No. of
Sets Basis of Distribution
Reduced Plans (11″ by 17″) and
Special Provision
10 Furnished automatically upon Award.
Additional reduced Plans (11″ by
17″) and Special Provision
10 Furnished only upon request for
projects with more than 100 plan
sheets.
Large Plans (22″ by 34″)1 Furnished only upon request.
To Subcontractors and Suppliers
No. of
Sets Basis of Distribution
Reduced Plans (11″ by 17″) and
accompanying Special Provisions
1 Furnished only upon request by
the Contractor for an approved
subcontractor or material supplier.
Additional Plans may be purchased by payment of the current rates.
1-02.3 Estimated Quantities
The quantities shown in the Proposal Form and the Contract Forms are estimates and
are stated only for Bid comparison purposes. The Contracting Agency does not warrant
expressly or by implication, that the actual quantities of Work will correspond with those
estimates. Payment will be made on the basis of the actual quantities of each item of
Work completed in accordance with the Contract requirements.
1-02.4 Examination of Plans, Specifications, and Site of Work
1-02.4(1) General
The Bidder shall carefully examine the Bid Documents as defined in Section 1-01.3.
Submittal of a Bid shall be conclusive evidence that the Bidder has made these
examinations and understands all requirements for the performance of the completed
Work. The Bidder further warrants, agrees, and acknowledges by submitting a Bid that it:
1. Has taken steps reasonably necessary to ascertain the nature and location of the
Work;
2. Has investigated and satisfied itself as to the general and local conditions which can
affect the Work or its cost, including but not limited to:
a. Conditions bearing upon acquisition, transportation, disposal, handling, and
storage of materials;
2023 Standard Specifications M 41-10 Page 1-11
Bid Procedures and Conditions 1-02
b. The availability of labor, materials, water, electric power, and roads;
c. Uncertainties of weather, river stages, tides, or similar physical conditions at the
site;
d. The conformation and condition of the ground;
e. The character of equipment and facilities needed preliminary to and during Work
performance; and
f. The site biological hazards and associated physical hazards.
3. Has satisfied itself as to the character, quality, and quantity of surface and subsurface
materials or obstacles to be encountered insofar as this information is reasonably
ascertainable from an inspection of the Work site (including material sites) as well as
from the Bid Documents and other information made a part of this Contract; and
4. Has satisfied itself as to the adequacy of time allowed for the completion of the
physical Work on the Contract.
Failure of the Bidder to take the actions described and acknowledged in this clause shall
not relieve the Bidder from responsibility for estimating properly the difficulty and cost of
successfully performing the Work, or from proceeding to successfully perform the Work
without additional expense to the Contracting Agency.
The Bidder agrees that the Contracting Agency shall not be liable to it on claims for
additional payment or additional time or any claim whatsoever if the claim directly or
indirectly results from the Bidder’s failure to investigate and familiarize itself sufficiently
with the conditions under which the Contract is to be performed.
The Bidder shall be familiar and comply with all Federal, State, tribal, and local laws,
ordinances, and regulations which might affect those engaged in the Work. The
Contracting Agency will not consider a plea of misunderstanding or ignorance of such
requirements.
Bid prices shall reflect what the Bidder anticipates to be the cost of completing the Work,
including methods, materials, labor, and equipment. Except as the Contract may provide,
the Bidder shall receive no payment for costs that exceed those in the Bid prices.
Prospective Bidders are advised that projects with Work on or adjacent to water may
require insurance coverage in compliance with:
1. The Longshoremen’s and Harbor Worker’s Compensation Act (administered by U.S.
Department of Labor), or
2. The State Industrial Insurance (administrated by the Washington State Department of
Labor and Industries), or
3. Both.
The Contractor shall bear all cost for such insurance as provided in Section 1-07.10.
No Claim shall be allowed because of ambiguity in the Contract if:
1. The Bidder discovers an ambiguity but fails to notify the Contracting Agency, or
2. The Bidder failed to discover a patent ambiguity that would be discovered by a
reasonably prudent contractor in preparing its Bid.
Prospective Bidders desiring an explanation or interpretation of the Bid Documents, shall
request the explanation or interpretation in writing by close of business on the Thursday
preceding the bid opening to allow a written reply to reach all prospective Bidders before
the submission of their Bids. Oral explanations, interpretations, or instructions given by
anyone before the Award of a Contract will not be binding on the Contracting Agency.
Information given a prospective Bidder concerning the Bid Documents will be furnished to
all prospective Bidders as an Addendum if that information is deemed by the Contracting
Page 1-12 2023 Standard Specifications M 41-10
1-02 Bid Procedures and Conditions
Agency to be necessary in submitting Bids or if the Contracting Agency concludes that the
lack of the information would be prejudicial to other prospective Bidders.
Information provided by the Contracting Agency for inspection by the Bidders as
Reference Information will be made available for inspection at the location specified in
the Special Provisions. The availability of Reference Information from the Contracting
Agency shall not relieve the Bidder or the Contractor from risks or their duty to make
examinations and investigations as required by this section or other responsibility under
the Contract or as may be required by law.
Prospective Bidders are advised that the Contracting Agency may include a partially
completed Washington State Department of Ecology (Ecology) Transfer of Coverage
(Ecology form ECY 020-87a) for the Construction Stormwater General Permit (CSWGP)
as part of the Bid Documents. When the Contracting Agency requires the transfer of
coverage of the CSWGP to the Contractor, an informational copy of the Transfer of
Coverage and the associated CSWGP will be included in the appendices. As a condition
of Section 1-03.3, the Contractor is required to complete sections I, III, and VIII of the
Transfer of Coverage and return the form to the Contracting Agency.
The Contracting Agency is responsible for compliance with the CSWGP until the end of
day that the Contract is executed. Beginning on the day after the Contract is executed,
the Contractor shall assume complete legal responsibility for compliance with the
CSWGP and full implementation of all conditions of the CSWGP as they apply to the
Contract Work.
1-02.4(2) Subsurface Information
If the Contracting Agency has made a subsurface investigation of the site of the Work,
the subsurface information obtained by the Contracting Agency will be made available for
inspection by the Bidders as Reference Information. Geotechnical reports and memoranda
shall not be considered a part of the contract unless specifically identified as contractual
in the Special Provisions. The Summary of Geotechnical Conditions, as an appendix to
the Special Provisions, shall be considered as part of the Contract. The boring logs and
associated data, as an appendix to the Special Provisions, shall be considered as part of
the Contract. The Contracting Agency makes no representation or warranty expressed or
implied that:
1. The Bidders’ interpretations from the Contract and Reference Information are correct,
2. Moisture conditions and indicated water tables will not vary from those found at the
time the subsurface information was collected, and
3. The ground and subsurface conditions at the location of the subsurface information
has not been physically disturbed or altered after the subsurface information
was obtained.
The Contracting Agency specifically makes no representations, guarantees, or warranties
as to the condition, materials, or proportions of the materials between the specific borings
regardless of any subsurface information the Contracting Agency may make available to
the prospective Bidders.
The availability of subsurface information from the Contracting Agency shall not relieve
the Bidder or the Contractor from risks or of their duty to make examinations and
investigations as required by Section 1-02.4(1) or other responsibility under the Contract
or as may be required by law.
1-02.5 Proposal Forms
Bidders are authorized to access an electronic Proposal Form for submittal via
AASHTOWare Project Bids™ software “BidExpress®”. At the request of a Bidder, the
Contracting Agency will provide a physical Proposal Form for any project on which the
Bidder is eligible to Bid.
2023 Standard Specifications M 41-10 Page 1-13
Bid Procedures and Conditions 1-02
The Proposal Form will identify the project and its location and describe the Work. It
will also list estimated quantities, units of measurement, the items of Work, and the
materials to be furnished at the unit Bid prices. The Bidder shall complete spaces on the
Proposal Form that call for unit prices, extensions, the total Bid amount, signatures, date,
acknowledgment of Addenda, and the Bidder’s address. The required certifications are
included as part of the Proposal Form.
1-02.6 Preparation of Proposal
The Contracting Agency will accept only those Proposals properly executed on the
physical forms it provides, or electronic forms that the Bidder has been authorized to
access. Unless it approves in writing, the Contracting Agency will not accept Proposals on
forms attached to the Plans and stamped “Informational”.
All prices shall be in legible figures (not words) written in ink or typed, and expressed in
U.S. dollars and cents. The Proposal shall include:
1. A unit price for each item (omitting digits more than two places to the right of the
decimal point),
2. An extension for each unit price (omitting digits more than two places to the right of
the decimal point), and
3. The total Contract price (the sum of all extensions).
In the space provided on the signature sheet, the Bidder shall confirm that all Addenda
have been received.
The Bidder shall submit with the Bid a completed Disadvantaged Business Enterprise
(DBE) Utilization Certification, when required by the Special Provisions. For each and
every DBE firm listed on the Bidder’s completed Disadvantaged Business Enterprise
Utilization Certification, the Bidder shall submit written confirmation from that DBE firm
that the DBE is in agreement with the DBE participation commitment that the Bidder
has made in the Bidder’s completed Disadvantaged Business Enterprise Utilization
Certification. WSDOT Form 422-031 (Disadvantaged Business Enterprise Written
Confirmation Document) is available for this purpose. Bidder must submit good faith
effort documentation with the Disadvantaged Business Enterprise Utilization Certification
ONLY In The Event the bidder’s efforts to solicit sufficient DBE participation have been
unsuccessful. The Bidder shall submit a DBE Item Breakdown form defining the scope
of work to be performed by each DBE listed on the DBE Utilization Certification. If the
Bidder lists a DBE Trucking firm on the DBE Utilization Certification, then the Bidder
must also submit a DBE Trucking Credit Form (WSDOT Form 272-058) documenting how
the DBE Trucking Firm will be able to perform the scope of work subcontracted to them.
Directions for delivery of the Disadvantaged Business Enterprise Written Confirmation
Documents and Disadvantaged Business Enterprise Good Faith Effort documentation,
DBE Bid Item Breakdown Form and the DBE Trucking Credit Form are included in
Sections 1-02.9 and 1-02.10.
The Bidder shall submit with the Bid a list of:
1. Subcontractors who will perform the work of structural steel installation, rebar
installation, heating, ventilation, air conditioning, and plumbing as described in
RCW 18.106 and electrical as described in RCW 19.28, and
2. The Work those subcontractors will perform on the Contract as described in
RCW 39.30.060.
3. Shall not list more than one subcontractor for each category of work identified,
except, when subcontractors vary with Bid alternates, in which case the Bidder shall
identify which subcontractor will be used for which alternate.
If no subcontractor is listed, the Bidder acknowledges that it does not intend to use any
subcontractor to perform those items of work.
Page 1-14 2023 Standard Specifications M 41-10
1-02 Bid Procedures and Conditions
The Bidder shall submit with their Bid a completed Contractor Certification Wage Law
Compliance form (WSDOT Form 272-009). Failure to return this certification as part of
the Bid Proposal package will make this Bid Nonresponsive and ineligible for Award. A
Contractor Certification of Wage Law Compliance form is included in the Proposal Forms.
Proposals of corporations shall be signed by the officer or officers having authority to sign
them. If a Bidder is a copartnership, the Proposal shall be signed by an authorized member
of the copartnership. When the Bidder is a joint venture, the Proposal shall be signed by
one or more individuals as authorized by the Joint Venture.
1-02.7 Bid Deposit
A deposit of at least 5 percent of the total Bid shall accompany each Bid. This deposit
may be cash, certified check, cashier’s check, or a proposal bond (Surety bond). For
projects that are selected by the Contracting Agency to be Bid electronically, the proposal
bond may be in either a physical format, or an electronic format via Surety2000.com
or Insurevision.com and BidExpress®. When a physical Bid deposit or proposal bond is
furnished to accompany an electronic Proposal Form, the Bid deposit shall be received
by the Contracting Agency at the location specified for receipt of Bids prior to the time
set for receipt of Bids. Proposal bonds shall be on a form acceptable to the Contracting
Agency and shall be signed by the Bidder and the Surety. A proposal bond shall not be
conditioned in any way to modify the minimum 5 percent required. The Surety shall: (1)
be registered with the Washington State Insurance Commissioner, and (2) appear on the
current Authorized Insurance List in the State of Washington published by the Office of
the Insurance Commissioner.
The failure to furnish a Bid deposit of a minimum of 5 percent with the Bid or as a physical
supplement to the electronic Proposal Form shall make the Bid nonresponsive and shall
cause the Bid to be rejected by the Contracting Agency.
1-02.8 Noncollusion Declaration and Lobbying Certification
1-02.8(1) Noncollusion Declaration
When required by Section 112(c) Title 23, United States Code, a declaration shall be
provided certifying that the Bidder has not taken part in collusion or other action that
would restrain competitive Bidding.
The Code of Federal Regulations 23 CFR 635.112(f)(1) requires that: “Each Bidder
shall file a sworn or unsworn statement executed by, or on behalf of the person,
firm, association, or corporation submitting the Bid, certifying that such persons,
firm, association, or corporation has not either directly or indirectly, entered into any
agreement, participated in collusion, or otherwise taken action in restraint of free
competitive Bidding in connection with the submitted Bid. Failure to submit the sworn or
unsworn statement as part of the Bid Proposal package will make the Bid nonresponsive
and not eligible for Award consideration”. In addition, 23 CFR 635.112(f)(1) requires that
the Contracting Agency provide the form for the declaration to prospective Bidders and
that the declaration shall be executed by such persons, firm, association, or corporation
under penalty of perjury under the laws of the United States.
Therefore, by including the Non-collusion Declaration as part of the signed bid Proposal,
the Bidder is deemed to have certified and agreed to the requirements of the Declaration.
1-02.8(2) Lobbying Certification
Section 319 of Public Law 101-121 prohibits payment of Federal Funds for contract
lobbying by the Contractor and any subcontractor whose contract exceeds $100,000.
A Certification for Federal-Aid Contracts (WSDOT Form 272-040) is provided in the
Proposal Form for Contracts exceeding $100,000 to address this requirement.
2023 Standard Specifications M 41-10 Page 1-15
Bid Procedures and Conditions 1-02
By signing the proposal, the Bidder will be deemed to have signed and agreed to the
conditions and requirements of the Certification for Federal-Aid Contracts.
The Contractor shall ensure that a Certification for Federal-Aid Contracts (WSDOT Form
272-040) is included in every contract with any subcontractor whose contract exceeds
$100,000. By signing the contract any subcontractor will be deemed to have signed and
agreed to the conditions and requirements of the Certification for Federal-Aid Contracts.
The Contractor shall keep evidence in their files that such subcontractor has committed to
this requirement.
Section 319 of Public Law 101-121 also provides that, if any funds other than Federal
appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of a Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with this Federal Contract, grant, loan, or cooperative agreement, the
Contractor shall complete and submit to the Contracting Agency the current version of
Standard Form LLL, DISCLOSURE OF LOBBYING ACTIVITIES, in accordance with the
instructions on the form. All subcontractors whose contract exceeds $100,000 shall
disclose in the same manner as the Contractor, except that, Standard Form LLL shall be
submitted to the Contractor for processing to the Contracting Agency. Standard Form LLL
is available for download at www.gsa.gov/reference/forms.
Audits will be conducted to ensure compliance with this section.
1-02.9 Delivery of Proposal
For projects scheduled for Bid opening in Olympia, the Proposal shall be sealed and
submitted in the envelope provided with it to the address provided below or shall be
submitted electronically via AASHTOWare Project Bids™ software “BidExpress®.” The
Bidder shall fill in all blanks on this envelope to ensure proper handling and delivery.
Bids are to be received no later than until 11:00:59 A.M. Pacific time on the date of
Bid opening:
Washington State Department of Transportation
Room 2D20
310 Maple Park Avenue SE
Olympia WA 98501-2361
For projects scheduled for Bid opening in other locations, the Proposal shall be sealed
and submitted in the envelope provided with it at the location and time identified in the
Special Provisions. The Bidder shall fill in all blanks on this envelope to ensure proper
handling and delivery.
Proposals that are received as required will be publicly opened and read as specified
in Section 1-02.12. The Contracting Agency will not open or consider a Proposal when
the Proposal or Bid deposit is received after the time specified for receipt of Proposals
or received in a location other than that specified for receipt of Proposals unless an
emergency or unanticipated event interrupts normal work processes of the Contracting
Agency so that Proposals cannot be received.
If an emergency or unanticipated event interrupts normal work processes of the
Contracting Agency so that Proposals cannot be received at the office designated
for receipt of bids as specified in Section 1-02.12 the time specified for receipt of
the Proposal will be deemed to be extended to the same time of day specified in the
solicitation on the first work day on which the normal work processes of the Contracting
Agency resume.
When a Bid deposit is furnished in a physical format as specified in Section 1-02.7 the Bid
deposit shall be submitted in a sealed envelope marked as “BID SUPPLEMENT” and with
the Bidder’s company name, project title, and Bid date.
Page 1-16 2023 Standard Specifications M 41-10
1-02 Bid Procedures and Conditions
1-02.10 Withdrawing, Revising, or Supplementing Proposal
After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may
withdraw, revise, or supplement it if:
1. The Bidder submits a written request signed by an authorized person, and
2. The Contracting Agency receives the request before the time set for receipt of
Proposals.
The original physical Bid Proposal may be supplemented or revised and resubmitted
as the official Bid Proposal if the Contracting Agency receives it before the time set
for receipt of Proposals. Faxed Bid revisions and supplements will be accepted only if
they are submitted in accordance with the “Example Format for Facsimile Bid Changes”
instructions posted on the WSDOT website at https://wsdot.wa.gov/business-wsdot/
how-do-business-us/public-works-contracts/alerts-bulletins.
Unless specifically allowed in the Contract, emailed requests to withdraw, revise, or
supplement a Proposal are not acceptable. The Contracting Agency is not responsible for
delayed, partial, failed, illegible, or partially legible FAX document transmissions, and such
documents may be rejected as incomplete at the Bidder’s risk.
The Contracting Agency will not accept requests to revise or withdraw electronic Bid
Proposals. Such requests shall be furnished directly to BidExpress® and in accordance
with their terms and conditions.
1-02.11 Combination and Multiple Proposals
A project may be organized for Bidding and construction by various methods to enable
proposals to be submitted for combined projects or for the construction method specified.
The Contracting Agency reserves the right to Award combined or separate Bids or by
such other method deemed most advantageous to the Contracting Agency. Only those
combined Bids specifically prescribed in the project Special Provisions will be accepted. If
contracts are Awarded for combinations of projects, separate contracts will be written for
each project included in the combination.
A Bidder submitting more than one Proposal at a letting may attach one of the following
statements to each Proposal:
“We prefer to be Awarded not more than (Number) Contracts for projects for which we
have submitted Bids at this letting;” or
“We prefer to be Awarded Contracts of a total value of not more than $____ for projects
for which we have submitted Bids at this letting”.
Such attachments will not make the Proposals irregular. The Contracting Agency will
Award each Contract to the lowest responsible Bidder but will consider such attachment
in determining the responsibility of the Bidder to perform each Contract for which a
statement has been attached.
1-02.12 Public Opening of Proposals
Proposals will be opened and publicly read at the time indicated in the call for Bids unless
the Bid opening has been delayed or canceled. Bidders, their authorized agents, and other
interested parties are invited to be present.
If an emergency or unanticipated event interrupts normal work processes of the
Contracting Agency so that Proposals cannot be opened at the time indicated in the call
for Bids the time specified for opening of Proposals will be deemed to be extended to
the same time of day on the first workday on which the normal work processes of the
Contracting Agency resume.
2023 Standard Specifications M 41-10 Page 1-17
Bid Procedures and Conditions 1-02
1-02.13 Irregular Proposals
1. A Proposal will be considered irregular and may be rejected if:
a. The Bidder is not prequalified;
b. The Bidder adds provisions reserving the right to reject or accept the Award, or
enter into the Contract;
c. A price per unit cannot be determined from the Bid Proposal;
d. The Proposal form is not properly executed;
e. The Bidder fails to submit or properly complete a Subcontractor list (WSDOT
Form 271-015), if applicable, as required in Section 1-02.6;
f. The Bidder fails to submit or properly complete a Disadvantaged Business
Enterprise Utilization Certification (WSDOT Form 272-056), if applicable, as
required in Section 1-02.6;
g. The Bidder fails to submit Written Confirmations (WSDOT Form 422-031)
from each DBE firm listed on the Bidder’s completed Disadvantaged Business
Enterprise Utilization Certification that they are in agreement with the Bidder’s
DBE participation commitment, if applicable, as required in Section 1-02.6, or if
the written confirmation that is submitted fails to meet the requirements of the
Special Provisions;
h. The Bidder fails to submit Disadvantaged Business Enterprise Good Faith
Effort documentation, if applicable, as required in Section 1-02.6, or if the
documentation that is submitted fails to demonstrate that a Good Faith Effort to
meet the Condition of Award was made;
i. The Bidder fails to submit a DBE Bid Item Breakdown (WSDOT Form 272-
054), if applicable, as required in Section 1-02.6, or if the documentation that is
submitted fails to meet the requirements of the Special Provisions;
j. The Bidder fails to submit DBE Trucking Credit Forms (WSDOT Form 272-
058), if applicable, as required in Section 1-02.6, or if the documentation that is
submitted fails to meet the requirements of the Special Provisions; or
k. The Bid Proposal does not constitute a definite and unqualified offer to meet the
material terms of the Bid invitation.
2. A Proposal may be considered irregular and may be rejected if:
a. The Proposal does not include a unit price for every Bid item;
b. Any of the unit prices are excessively unbalanced (either above or below the
amount of a reasonable Bid) to the potential detriment of the Contracting
Agency;
c. The authorized Proposal Form furnished by the Contracting Agency is not used or
is altered;
d. The completed Proposal form contains unauthorized additions, deletions,
alternate Bids, or conditions;
e. Receipt of Addenda is not acknowledged;
f. A member of a joint venture or partnership and the joint venture or partnership
submit Proposals for the same project (in such an instance, both Bids may be
rejected); or
g. If Proposal form entries are not made in ink.
Page 1-18 2023 Standard Specifications M 41-10
1-02 Bid Procedures and Conditions
1-02.14 Disqualification of Bidders
A Bidder may be deemed not responsible and the Proposal rejected if:
1. More than one Proposal is submitted for the same project from a Bidder under
the same or different names;
2. Evidence of collusion exists with any other Bidder. Participants in collusion will
be restricted from submitting further Bids;
3. A Bidder is not prequalified for the Work or to the full extent of the Bid;
4. An unsatisfactory performance record exists based on past or current Contracting
Agency Work;
5. There is uncompleted work (Contracting Agency or otherwise) which might hinder
or prevent the prompt completion of the Work Bid upon;
6. The Bidder failed to settle bills for labor or materials on past or current Contracts;
7. The Bidder has failed to complete a written public contract or has been convicted of a
crime arising from a previous public contract;
8. The Bidder is unable, financially or otherwise, to perform the Work;
9. A Bidder is not authorized to do business in the state of Washington; or
10. There are other reasons deemed proper by the Contracting Agency.
1-02.15 Pre-Award Information
Before Awarding a Contract, the Contracting Agency may require one or more of these
items or actions of the apparent lowest responsible Bidder:
1. A complete statement of the origin, composition, and manufacture of any or all
materials to be used;
2. Samples of these materials for quality and fitness tests;
3. A progress schedule (in a form the Contracting Agency requires) showing the
order of and time required for the various phases of the Work;
4. A breakdown of costs assigned to any Bid item;
5. Attendance at a conference with the Engineer or representatives of the Engineer;
or
6. Any other information or action taken that is deemed necessary to ensure that
the Bidder is the lowest responsible Bidder.
2023 Standard Specifications M 41-10 Page 1-19
Award and Execution of Contract 1-03
1-03 Award and Execution of Contract
1-03.1 Consideration of Bids
After opening and reading Proposals, the Contracting Agency will check them for
correctness of extensions of the prices per unit and the total price. If a discrepancy exists
between the price per unit and the extended amount of any Bid item, the price per unit
will control. The total of extensions, corrected where necessary, will be used by the
Contracting Agency for Award purposes and to fix the amount of the Contract Bond.
The right is reserved by the Contracting Agency to waive informalities in the bidding,
accept a Proposal of the lowest responsible Bidder, reject any or all Bids, republish the call
for Bids, revise or cancel the Work, or require the Work to be done in another way if the
best interest of the Contracting Agency is served.
A Bidder who wishes to claim error after the Bids have been publicly opened and read as
required by RCW 47.28.090 shall promptly notify the Contracting Agency that an error
occurred. The Bidder shall submit a notarized affidavit or declaration under penalty of
perjury signed by the Bidder and accompanied by the work sheets used in the preparation
of the Bid, requesting relief from the responsibilities of Award. The affidavit or declaration
shall describe the specific error(s) and certify that the work sheets are the ones used in
preparing the Bid.
The affidavit or declaration shall be submitted no later than 5:00 p.m. on the first business
day after Bid opening or the claim will not be considered. The Contracting Agency will
review the affidavit or declaration and the certified work sheets to determine the validity
of the claimed error and if the error is of the kind for which the law allows relief from
forfeiture of the Bid deposit. If the Contracting Agency concurs in the claim of error and
determines that the error is of the kind that allows relief from forfeiture, the Bidder will
be relieved of responsibility and the Bid deposit of the Bidder will be returned. If the
Contracting Agency does not concur in the error or determines that the error is not the
kind for which the law allows relief, the Contracting Agency may Award the Contract and
if the Bidder refuses to execute the Contract, the Bidder’s Bid deposit shall be forfeited as
required by RCW 47.28.100.
1-03.1(1) Identical Bid Totals
After opening Bids, if two or more lowest responsive Bid totals are exactly equal, then
the tie-breaker will be determined by drawing as described in this section. Two or more
slips of paper will be marked as follows: one marked “Winner” and the other(s) marked
“unsuccessful”. The slips will be folded to make the marking unseen. The slips will be
placed inside a box. One authorized representative of each Bidder shall draw a slip from
the box. Bidders shall draw in alphabetic order by the name of the firm as registered with
the Washington State Department of Licensing. The slips shall be unfolded and the firm
with the slip marked “Winner” will be determined to be the successful Bidder and eligible
for Award of the Contract. Only those Bidders who submitted a Bid total that is exactly
equal to the lowest responsive Bid are eligible to draw.
1-03.2 Award of Contract
Normally, Contract Award or Bid rejection will occur within 45 calendar days after Bid
opening. If the lowest responsible Bidder and the Contracting Agency agree, this deadline
may be extended. If they cannot agree on an extension by the 45 calendar day deadline,
the Contracting Agency reserves the right to Award the Contract to the next lowest
responsible Bidder or reject all Bids. The Contracting Agency will notify the successful
Bidder of the Contract Award in writing.
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1-03 Award and Execution of Contract
1-03.3 Execution of Contract
Within 3 calendar days of Award date (not including Saturdays, Sundays and Holidays),
the successful Bidder shall provide the information necessary to execute the Contract
electronically to the Contracting Agency. The Bidder shall send the contact information,
including the full name, email address, and phone number, for the authorized signer and
bonding agent to the Contracting Agency at CAPS@wsdot.wa.gov.
Within 20 calendar days after the Award date, the successful Bidder shall return the
signed Contracting Agency-prepared Contract, an insurance certification as required by
Section 1-07.18, a satisfactory bond as required by law and Section 1-03.4, the Transfer
of Coverage form for the Construction Stormwater General Permit with sections I, III,
and VIII completed when provided, and shall be registered as a contractor in the state of
Washington.
Until the Contracting Agency executes a Contract, no Proposal shall bind the Contracting
Agency, nor shall any Work begin within the project limits or within Contracting Agency-
furnished sites. The Contractor shall bear all risks for Work begun outside such areas and
for all materials ordered before the Contract is executed by the Contracting Agency.
If the Bidder experiences circumstances beyond their control that prevents return of
the Contract documents within 20 calendar days after the Award date, the Contracting
Agency may grant up to a maximum of 20 additional calendar days for return of the
documents, provided the Contracting Agency deems the circumstances warrant it.
1-03.4 Contract Bond
The successful Bidder shall provide an executed Contract Bond for the full Contract
amount. This Contract Bond shall:
1. Be on a Contracting Agency-furnished form;
2. Be signed by an approved Surety (or Sureties) that:
a. Is registered with the Washington State Insurance Commissioner; and
b. Appears on the current Authorized Insurance List in the State of Washington
published by the Office of the Insurance Commissioner,
3. Be conditioned upon the faithful performance of the Contract by the Contractor
within the prescribed time;
4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the
project under titles 50, 51, and rcw 47.; and
5. Guarantee that the Surety shall indemnify, defend, and protect the Contracting
Agency against all claims of direct or indirect loss resulting from the failure:
a. Of the Contractor (or the employees or subcontractors) to faithfully perform the
Contract; or
b. Of the Contractor (or the subcontractors) to pay all laborers, mechanics, all
subcontractors, material persons, and all other persons who provides supplies or
provisions for carrying out the Work.
The Contracting Agency may require Sureties or Surety companies on the Contract Bond
to appear and qualify themselves. Whenever the Contracting Agency deems the Surety
or Sureties to be inadequate, it may, upon written demand, require the Contractor to
furnish additional Surety to cover all remaining Work. Until the added Surety is furnished,
payments on the Contract will stop.
2023 Standard Specifications M 41-10 Page 1-21
Award and Execution of Contract 1-03
1-03.5 Failure to Execute Contract
Failure to return the insurance certification and bond with the signed Contract as required
in Section 1-03.3, or failure to provide Disadvantaged, Minority or Women’s Business
Enterprise information if required in the Contract, or failure or refusal to sign the Contract,
or failure to register as a contractor in the state of Washington, or failure to return the
completed Transfer of Coverage for the Construction Stormwater General Permit to
the Contracting Agency when provided shall result in forfeiture of the proposal bond
or deposit of this Bidder. If this should occur, the Contracting Agency may then Award
the Contract to the second lowest responsible Bidder or reject all remaining Bids. If the
second lowest responsible Bidder fails to return the required documents as stated above
within the time provided after Award, the Contract may then be Awarded successively in a
like manner to the remaining lowest responsible Bidders until the above requirements are
met or the remaining Proposals are rejected.
1-03.6 Return of Bid Deposit
When Proposals have been examined and corrected as necessary, proposal bonds and
deposits accompanying Proposals ineligible for further consideration will be returned.
All other proposal bonds and deposits will be held until the Contract has been properly
executed. When the Contract has been properly executed, all remaining deposits or
bonds, except those subject to forfeiture, will be returned.
1-03.7 Judicial Review
All decisions made by the Contracting Agency regarding the Award and execution of
the Contract or Bid rejection shall be conclusive subject to the scope of judicial review
permitted under Washington Law. Such review, if any, shall be timely filed in the Superior
Court of Thurston County, Washington.
Page 1-22 2023 Standard Specifications M 41-10
1-04 Scope of the Work
1-04 Scope of the Work
1-04.1 Intent of the Contract
The intent of the Contract is to prescribe a complete Work. Omissions from the Contract
of details of Work that are necessary to carry out the intent of the Contract shall not
relieve the Contractor from performing the omitted Work.
1-04.1(1) Bid Items Included in the Proposal
The Contractor shall provide all labor, materials, tools, equipment, transportation, supplies,
and incidentals required to complete all Work for the items included in the Proposal.
1-04.1(2) Bid Items Not Included in the Proposal
When the Contract specifies Work that has no Bid item, and the Work is not specified
as being included with or incidental to other Bid items, an equitable adjustment will be
made in accordance with Section 1-04.4 unless that Work is customarily considered as
incidental to other items.
1-04.2 Coordination of Contract Documents, Plans, Special Provisions,
Specifications, and Addenda
The complete Contract includes these parts: the Contract Form, Bidder’s completed
Proposal Form, Contract Plans, Contract Provisions, Standard Specifications, Standard
Plans, Addenda, various certifications and affidavits, supplemental agreements, change
orders, and subsurface boring logs (if any). These parts complement each other in
describing a complete Work. Any requirement in one part binds as if stated in all parts.
The Contractor shall provide all Work or materials clearly implied in the Contract even if
the Contract does not mention it specifically.
Any inconsistency in the parts of the Contract shall be resolved by following this order
of precedence (e.g., 1 presiding over 2, 3, 4, 5, and 6; 2 presiding over 3, 4, 5, and 6; and
so forth):
1. Addenda,
2. Proposal Form,
3. Special Provisions,
4. Contract Plans,
5. Standard Specifications, and
6. Standard Plans.
On the Contract Plans, Working Drawings, and Standard Plans, figured dimensions shall
take precedence over scaled dimensions.
This order of precedence shall not apply when Work is required by one part of the
Contract but omitted from another part or parts of the Contract. The Work required in
one part must be furnished even if not mentioned in other parts of the Contract.
Whenever reference is made in these Specifications or the Special Provisions to codes,
rules, specifications, and standards, the reference shall be construed to mean the code,
rule, specification, or standard that is in effect on the Bid advertisement date, unless
otherwise stated or as required by law.
If any part of the Contract requires Work that does not include a description for how the
Work is to be performed, the Work shall be performed in accordance with standard trade
practice(s). For purposes of the Contract, a standard trade practice is one having such
regularity of observance in the trade as to justify an expectation that it will be observed
by the Contractor in doing the Work.
In case of ambiguities or disputes over interpreting the Contract, the Engineer’s decision
will be final as provided in Section 1-05.1.
2023 Standard Specifications M 41-10 Page 1-23
Scope of the Work 1-04
1-04.3 Reference Information
Reference Information provided to the Contractor is not part of the Contract. The
Contracting Agency does not guarantee the accuracy of the Reference Information and is
not responsible for the content of the Reference Information in any manner. Any use of
Reference Information by the Contractor is done solely at the Contractor’s risk.
1-04.4 Changes
The Engineer reserves the right to make, at any time during the Work, such changes in
quantities and such alterations in the Work as are necessary to satisfactorily complete
the project. Such changes in quantities and alterations shall not invalidate the Contract
nor release the Surety, and the Contractor agrees to perform the Work as altered. Among
others, these changes and alterations may include:
1. Deleting any part of the Work.
2. Increasing or decreasing quantities.
3. Altering Specifications, designs, or both.
4. Altering the way the Work is to be done.
5. Adding new Work.
6. Altering facilities, equipment, materials, services, or sites, provided by the
Contracting Agency.
7. Ordering the Contractor to speed up or delay the Work.
The Engineer will issue a written change order for changes unless the remainder of this
section provides otherwise.
If the alterations or changes in quantities significantly change the character of the
Work under the Contract, whether or not changed by any such different quantities or
alterations, an adjustment, excluding loss of anticipated profits, will be made to the
Contract. The basis for the adjustment shall be agreed upon prior to the performance
of the Work. If a basis cannot be agreed upon, then an adjustment will be made either
for or against the Contractor in such amount as the Engineer may determine to be fair
and equitable. If the alterations or changes in quantities do not significantly change the
character of the Work to be performed under the Contract, the altered Work will be paid
for as provided elsewhere in the Contract. The term significant change shall be construed
to apply only to the following circumstances:
A. When the character of the Work as altered differs materially in kind or nature from
that involved or included in the original proposed construction; or
B. When an item of Work, as defined elsewhere in the Contract, is increased in excess of
125 percent or decreased below 75 percent of the original Contract quantity. For the
purpose of this Section, an item of Work will be defined as any item that qualifies for
adjustment under the provisions of Section 1-04.6.
For item 1, an equitable adjustment for deleted Work will be made as provided in
Section 1-09.4.
For item 2, if the actual quantity of an item, exclusive of added or deleted amounts
included in agreed change orders, increases or decreases by more than 25 percent from
the original Plan quantity, the unit Contract prices for that item may be adjusted in
accordance with Section 1-04.6.
For all changes except item 1 (deleted Work) or item 2 (increasing or decreasing
quantities), the Engineer will determine if the change should be paid for at unit
Contract price(s). If the Engineer determines that the change increased or decreased
the Contractor’s costs or time to do any of the Work including unchanged Work, the
Engineer will make an equitable adjustment to the Contract. The equitable adjustment
Page 1-24 2023 Standard Specifications M 41-10
1-04 Scope of the Work
will be by agreement with the Contractor. However, if the parties are unable to agree,
the Engineer will determine the amount of the equitable adjustment in accordance with
Section 1-09.4 and adjust the time as the Engineer deems appropriate. Extensions of time
will be evaluated in accordance with Section 1-08.8. The Engineer’s decision concerning
equitable adjustment and extension of time shall be final as provided in Section 1-05.1.
The Contractor shall proceed with the Work upon receiving:
1. A written change order approved by the Engineer, or
2. An oral order from the Engineer before receiving the written change order.
Within 14 calendar days of delivery of the change order the contractor shall endorse
and return the change order, request an extension of time for endorsement or respond
in accordance with Section 1-04.5. The Contracting Agency may unilaterally process
the change order if the Contractor fails to comply with these requirements or when the
Contractor protests in accordance with Section 1-04.5. Changes normally noted on field
stakes or variations from estimated quantities, except as provided in subparagraph A or
B above, will not require a written change order. These changes shall be made at the unit
prices that apply. The Contractor shall respond immediately to changes shown on field
stakes without waiting for further notice.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2)
not responding within the allotted time, or (3) not protesting in accordance with Section
1-04.5. A change order that is not protested in accordance with Section 1-04.5 shall be
full payment and final settlement of all claims for Contract time and for all costs of any
kind, including costs of delays, related to Work either covered or affected by the change.
The Contractor shall obtain written consent of the Surety or Sureties if the Engineer
requests such consent.
Change Orders will be transmitted electronically to the Contractor for signature. The
Contractor shall apply all signatures electronically using the software provided by the
Contracting Agency. Within 21 days of execution of the Contract, the Contractor shall
submit a Type 1 Working Drawing consisting of the names, email addresses, and text-
message capable phone numbers for the authorized change order signers and shall bear
the name, phone number and email of the officer providing this authorization. Delegation
of authority to sign Change Orders shall be by the officer authorized to sign the Contract
in accordance with Section 1-02.1.
1-04.4(1) Minor Changes
Payments or credits for changes amounting to $25,000 or less may be made under the
Bid item “Minor Change”. At the discretion of the Contracting Agency, this procedure for
Minor Changes may be used in lieu of the more formal procedure as outlined in Section
1-04.4, Changes.
The Contractor will be provided a copy of the completed order for Minor Change. The
agreement for the Minor Change will be documented by signature of the Contractor, or
notation of verbal agreement. If the Contractor is in disagreement with anything required
by the order for Minor Change, the Contractor may protest the order as provided in
Section 1-04.5.
Payments or credits will be determined in accordance with Section 1-09.4. For the
purpose of providing a common Proposal for all Bidders, the Contracting Agency has
entered an amount for “Minor Change” in the Proposal to become a part of the total Bid
by the Contractor.
2023 Standard Specifications M 41-10 Page 1-25
Scope of the Work 1-04
1-04.4(2) Value Engineering Change Proposal (VECP)
1-04.4(2)A General
A VECP is a Contractor proposed change to the Contract Provisions that will accomplish
the project’s functional requirements in a manner that is equal to or better than the
requirements in the Contract. The VECP may be: (1) at a less cost or time, or (2) either
no cost savings or a minor increase in cost with a reduction in Contract time. The
net savings or added costs to the Contract Work are shared by the Contractor and
Contracting Agency.
The Contractor may submit a VECP for changing the Plans, Specifications, or other
requirements of the Contract. The Engineer’s decision to accept or reject all or part of the
proposal is final and not subject to arbitration under the arbitration clause or otherwise
subject to litigation.
The VECP shall meet all of the following:
1. Not adversely affect the long term life cycle costs.
2. Not adversely impact the ability to perform maintenance.
3. Provide the required safety and appearance.
4. Provide substitution for deleted or reduced Condition of Award Work, Apprentice
Utilization and Training.
VECPs that provide a time reduction shall meet the following requirements:
1. Time saving is a direct result of the VECP.
2. Liquidated damages penalties are not used to calculate savings.
3. Administrative/overhead cost savings experienced by either the Contractor or
Contracting Agency as a result of time reduction accrue to each party and are not
used to calculate savings.
1-04.4(2)B VECP Savings
1-04.4(2)B1 Proposal Savings
The incentive payment to the Contractor shall be one-half of the net savings of the
proposal calculated as follows:
1. (gross cost of deleted work) – (gross cost of added work) = (gross savings)
2. (gross savings) – (Contractor’s engineering costs) – (Contracting Agency’s costs) =
(net savings)
3. (net savings) / 2 = (incentive pay)
The Contracting Agency’s costs shall be the actual consultant costs billed to the
Contracting Agency and in-house costs. Costs for personnel assigned to the Engineer’s
office shall not be included.
1-04.4(2)B2 Added Costs to Achieve Time Savings
The cost to achieve the time savings shall be calculated as follows:
1. (cost of added work) + (Contractor’s engineering costs - Contracting Agency’s
engineering costs) = (cost to achieve time savings)
2. (cost to achieve time savings) / 2 = (Contracting Agency’s share of added cost)
If the timesaving proposal also involves deleting work and, as a result, creates a savings
for the Contracting Agency, then the Contractor shall also receive one-half of the savings
realized through the deletion.
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1-04 Scope of the Work
1-04.4(2)C VECP Approval
1-04.4(2)C1 Concept Approval
The Contractor shall submit a written proposal to the Engineer for consideration. The
proposal shall contain the following information:
1. An explanation outlining the benefit provided by the change(s).
2. A narrative description of the proposed change(s). If applicable, the discussion
shall include a demonstration of functional equivalency or a description of how the
proposal meets the original contract scope of work.
3. A cost discussion estimating the net savings. Savings estimates will generally follow
the outline below under the section, “Proposal Savings”.
4. A statement providing the Contracting Agency with the right to use all or any part of
the proposal on future projects without future obligation or compensation.
5. A statement acknowledging and agreeing that the Engineer’s decision to accept
or reject all or part of the proposal is final and not subject to arbitration under the
arbitration clause or otherwise be subject to claims or disputes.
6. A statement giving the dates the Engineer must make a decision to accept or reject
the conceptual proposal, the date that approval to proceed must be received, and
the date the work must begin in order to not delay the contract. If the Contracting
Agency does not approve the VECP by the date specified by the Contractor in their
proposal the VECP will be deemed rejected.
7. The submittal will include an analysis on other Work that may have costs that
changed as a result of the VECP. Traffic control and erosion control shall both be
included in addition to other impacted Work.
After review of the proposal, the Engineer will respond in writing with acceptance or
rejection of the concept. This acceptance shall not be construed as authority to proceed
with changes to contract work. Concept approval allows the Contractor to proceed with
the Work needed to develop final plans and other information to receive formal approval
and to support preparation of a change order.
1-04.4(2)C2 Formal Approval
The Contractor’s submittal to the Engineer for formal approval shall include the following:
1. Deleted Work – Include the calculated quantities of unit price Work to be deleted.
Include the proposed partial prices for portions of lump sum Work deleted. For
deletion of force account items include the time and material estimates.
2. Added Work – Include the calculated quantities of unit price Work to be added, either
by original unit Contract prices or by new, negotiated unit prices. For new items of
Work include the quantities and proposed prices.
3. Contractor’s Engineering Costs – Submit the labor costs for the engineering to
develop the proposal; costs for Contractor employees utilized in contract operations
on a regular basis shall not be included.
4. Schedule Analysis – If the VECP is related to time savings, the Contractor shall
submit a partial progress schedule showing the changed Work. The submittal shall
also include a discussion comparing the partial progress schedule with the approved
progress schedule for the project.
5. Working Drawings – Type 3 Working Drawings shall be submitted; those drawings
which require engineering shall be a Type 3E.
2023 Standard Specifications M 41-10 Page 1-27
Scope of the Work 1-04
Formal approval of the proposal will be documented by issuance of a change order. The
VECP change order will contain the following statements which the Contractor agrees to
by signing the change order:
1. The Contractor accepts design risk of all features, both temporary and permanent, of
the changed Work.
2. The Contractor accepts risk of constructability of the changed Work.
3. The Contractor provides the Contracting Agency with the right to use all or any part
of the proposal on future projects without further obligation or compensation.
VECP change orders will contain separate pay items for the items that are applicable to
the Proposal. These are as follows:
1. Deleted Work.
2. Added Work.
3. The Contractor’s engineering costs, reimbursed at 100 percent of the
Contractor’s cost.
4. Incentive payment to the Contractor.
When added Work costs exceed Deleted Work costs, but time savings make a viable
proposal, then items 3 and 4 above are replaced with the following:
3. The Contracting Agency’s share of added cost to achieve time savings.
4. The Contractor’s share of savings from deleted Work.
1-04.4(2)C3 Authority to Proceed with Changed Work
The authority for the Contractor to proceed with the VECP Work will be provided by one
of the following options:
1. Execution of the VECP change order, or
2. At the Contractor’s request the Contracting Agency may provide approval by letter
from the Engineer for the Work to proceed prior to execution of a change order. All
of the risk for proceeding with the VECP shall be the responsibility of the Contractor.
Additionally, the following criteria are required to have been met:
a. Concept approval has been granted by the Contracting Agency.
b. All design reviews and approvals have been completed, including plans
and specifications.
c. The Contractor has guaranteed, in writing, the minimum savings to the
Contracting Agency.
1-04.5 Procedure, Protest, and Dispute by the Contractor
If in disagreement with anything required in a change order, or the Engineer’s Written
Determination or decision that the Contractor believes they are entitled to an increase in
the Contract price or time, the Contractor shall:
1. Give a signed written notice of protest to the Engineer or the Engineer’s field
Inspectors within 14 calendar days of receiving a change order or an Engineer’s
Written Determination.
2. Supplement the written protest within 14 calendar days, or an extension of time
as agreed by the Engineer in writing, with a written statement and supporting
documents providing the following:
a. The date and nature of the protested order, direction, instruction, interpretation
or determination;
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1-04 Scope of the Work
b. A full discussion of the circumstances that caused the protest, including names of
persons involved, time, duration and nature of the Work involved, and a review of
the Plans and Contract Provisions referenced to support the protest;
c. The estimated dollar cost, if any, of the protested Work and a detailed breakdown
showing how that estimate was determined; and
d. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
If the Engineer determines, in writing, the supplemental information is insufficient to
evaluate the protest or fails to include all required information, the Contractor may be
allowed one correction of the supplemental information. The corrected supplemental
information, when requested by the Engineer, shall be submitted within 14 calendar days
or as specified by the Engineer, in writing.
Throughout the protested Work, the Contractor shall keep complete records of extra
costs and time incurred. The Contractor shall permit the Engineer access to these and all
other records related to the protested Work as determined by the Engineer.
The Engineer will evaluate all protests provided the procedures in this section are
followed. If the Engineer determines that a protest has merits, the Engineer will adjust
payment for Work or time by an equitable adjustment in accordance with Section 1-09.4.
Extensions of time will be evaluated in accordance with Section 1-08.8. No adjustment
will be made for a protest without merit.
If the Engineer determines that the protest is without merit, that determination and the
reasons for it will be provided in writing to the Contractor. The determination will be
provided within 21 calendar days after receipt of the Contractor’s supplemental written
statement (including any additional information requested by the Engineer to support a
continuing protest) described in item 2 above.
If the Contractor does not accept the Engineer’s determination then the Contractor shall
pursue the dispute and claims procedures set forth in Section 1-04.5(1). In spite of a
protest or dispute, the Contractor shall proceed promptly with the Work as the Engineer
orders.
By failing to follow the procedures of Sections 1-04.5, the Contractor completely waives
any claims for protested Work.
1-04.5(1) Disputes
When protests occur during a Contract, the Contractor shall first pursue resolution
through the Engineer as outlined in Section 1-04.5. Unless noted otherwise in the
specifications, compliance with all the requirements of Section 1-04.5 is a Condition
Precedent to initiating any action pursuant to this Section.
If the negotiations using the procedures outlined in Section 1-04.5 fail to provide
satisfactory resolution of the protest, then the Contractor shall provide the Engineer with
written notification of dispute stating that the Contractor will continue to pursue the
dispute in accordance with the provisions of this Section. The written notification shall be
provided within 14 calendar days after receipt of the Engineer’s determination of merit
that the Contractor’s protest is without merit pursuant to Section 1-04.5.
When the Proposal Form includes the Bid item “Disputes Review Board”, unresolved
protests shall be subject to the provisions of Section 1-04.5(1)A. Either party, Engineer or
Contractor, may refer a matter in dispute to the Disputes Review Board (DRB or Board).
Compliance with the requirements of Section 1-04.5(1)A is a Condition Precedent to
any further right of the Contractor to pursue the dispute either by certified claim or
litigation/arbitration.
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Scope of the Work 1-04
When the Proposal Form does not include the Bid item “Disputes Review Board”, the
Contractor’s written notice of dispute noted above shall indicate whether the Contractor
is requesting to resolve the dispute through the use of a Disputes Review Board as
outlined in Section 1-04.5(1)A, or will submit a formal certified claim directly to the
Engineer pursuant to Section 1-09.11(2). If the Contractor requests a DRB, the Engineer
will notify the Contractor in writing within 7 calendar days of receipt of the request
whether the request is acceptable. If both parties to the dispute agree to use a DRB, then
a pay item “Disputes Review Board” shall be added to the Contract by change order and
the dispute will be subject to the provisions of Section 1-04.5(1)A. If the parties do not
mutually agree to establish a DRB or the Contractor does not request a DRB in its written
notice of dispute, the Contractor shall comply with the formal certified claim process
outlined in Section 1-09.11(2).
Regardless of any protest or dispute, the Contractor shall proceed promptly with the Work
as the Engineer orders and the Contracting Agency will continue to pay for all undisputed
amounts.
1-04.5(1)A Disputes Review Board
The procedures set forth in Section 1-04.5(1)A shall apply only when a DRB has been
created in accordance with Section 1-04.5(1).
1-04.5(1)A1 Disputes Review Board - General
In order to assist in the resolution of dispute(s) between the Contracting Agency and the
Contractor arising out of the Work of this Contract, a Disputes Review Board will consider
disputes referred to it and furnish written recommendations to the Contracting Agency
and Contractor to assist in resolution of the dispute(s). The purpose of the Board response
to such issues is to provide nonbinding findings and recommendations designed to expose
the disputing parties to an independent view of the dispute.
1-04.5(1)A2 Disputes Eligible for Consideration by the DRB
The Board will consider and provide written recommendations concerning the following
disputes:
1. Interpretation of the Contract.
2. Entitlement to additional compensation and/or time for completion.
3. Other subjects mutually agreed by the Contracting Agency and Contractor to be a
Board issue.
1-04.5(1)A3 Board Member Qualifications
The following definitions apply for the purpose of setting forth experience and disclosure
requirements for Board members.
Financial ties – Any ownership interest, loans, receivables, or payables.
Party directly involved – The Contracting Agency or Contractor of this Contract.
Party indirectly involved – The firms associated with the Contractor on this Contract,
including joint venture partners, subcontractors of all tiers, and suppliers; and firms
associated with the Contractor or the Contracting Agency on this Contract, such as
designers, architects, engineers, or other professional service firms or consultants.
The Board members shall:
1. Be experienced in the interpretation of construction contract documents.
2. Have attended training by the Dispute Resolution Board Foundation in dispute
resolution within the last five years.
3. Be experienced in construction Contract dispute resolution for an owner or
Contractor at the level of having responsibility and authority to settle disputes..
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4. Discharge their responsibilities impartially and independently, considering the facts
and conditions related to the matters under consideration in strict compliance with
the provisions of the Contract.
5. Not be a current employee of any Party directly or indirectly involved.
6. Not have been an employee of any Party directly or indirectly involved with the
Project within a period of one year of the Contract Execution date.
7. Not have a financial interest in the Contract except for payments for services on
the Board.
1-04.5(1)A4 Board Member Ongoing Responsibilities
While serving as a Board member on this project:
1. No member will participate in any discussion contemplating the creation of an
agreement or making an agreement with any party directly or indirectly involved in
the Contract regarding employment or fee-based consulting services, or any other
business arrangement after the Contract is completed.
2. No Board member will officially give any advice to either party. The individual
members will act in a completely independent manner and will have no consulting
or business connections with either party, except for payments for services on
the Board.
3. During routine meetings of the Board as well as during formal hearings, Board
members should refrain from expressing opinions on the merits of statements on
matters under dispute or potential dispute. Opinions of Board members expressed in
private sessions with other Board members should be kept strictly confidential.
4. The Board shall comply with the terms of the Contract and enforce such terms
consistent with the laws of the State of Washington. Board members shall not
supplant or otherwise interfere with the respective rights, authorities, duties and
obligations of the Parties as defined in the Contract. In making its recommendations,
the Board shall not make a recommendation that ignores, disregards, or undermines
the intention, requirements, or allocation of risk, established by the Contract.
5. Disclosure of potential conflicts of interest is a continuing obligation of all Board
members throughout the life of the Contract.
1-04.5(1)A5 Establishment of the Board
Process to establish the Board:
1. The Contracting Agency and Contractor shall meet prior to the first chargeable
Contract working day to jointly select three prospective Board members.
2. The Contracting Agency and the Contractor shall provide to the Board nominees a
list of the firms directly and indirectly involved with the Project, including, but not
limited to designers, architects, engineers, professional service firms, consultants, JV
partners, subcontractors and suppliers, along with a listing of key personnel of each.
3. Board nominees shall provide to the Contractor and Contracting Agency the following
information:
a. Resume showing:
i. Full name and contact information.
ii. Experience qualifying the person as a Board member.
iii. Previous DRB participation, if any. List each DRB assignment separately,
indicating the name and location of the project, approximate dates of DRB
service, name of Contracting Agency, name of Contractor, names of the
other Board members and the approximate number of disputes heard. When
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Scope of the Work 1-04
previous DRB experience is extensive, the list may be truncated at the
prospective Board member’s discretion.
b. Disclosure statement addressing the following:
i. Previous or current direct employment by one of the parties directly or
indirectly involved.
ii. Previous or current engagement as a consultant to any party directly or
indirectly involved - by the prospective Board member or by the firm to
which the prospective Board member is directly employed.
iii. Previous, current, or future financial ties to any of the parties directly or
indirectly involved.
iv. Previous or current personal or professional relationships with a key member
of any party directly or indirectly involved.
v. Previous and current service as a Board member on projects where any of
the parties directly or indirectly involved in this Contract were also involved.
vi. Any prior involvement in this project.
The Contracting Agency and the Contractor shall have three weeks to solicit
and receive information from the three prospective candidates, and another two
weeks to review and jointly agree on the final selection of the three members to
serve on the Board. In the event that any of the three members cannot be agreed
upon, the process shall be repeated for the positions not agreed upon until all
positions are filled.
4. The Contracting Agency, the Contractor, and the Board shall execute the Three-Party
Agreement not later than the first Board meeting (WSDOT Form 134-091).
5. The Board members shall determine amongst themselves who will act as the Board
Chair.
Use of the Contracting Agency/AGC Pool of DRB Candidates
The qualifications of some potential DRB members have been reviewed and deemed
potentially acceptable by both the Washington State Department of Transportation and
the Associated General Contractors of Washington. This list of potential DRB members
is available at https://wsdot.wa.gov/business/construction/dispute-review-boards, and
their resumes are available upon request from the Deputy State Construction Engineer.
Nevertheless, either party may propose a DRB member or members that are not on the
WSDOT/AGC Pool list. In either case, every potential Board member must comply with
the requirements of Section 1-04.5(1)A3, 1-04.5(1)A4, and 1-04.5(1)A5, and every Board
member must be deemed acceptable by both the Contracting Agency and the Contractor.
Replacement or Termination of a DRB Member
Should a Board member need to be replaced, the replacement member will be appointed
using the procedures in Section 1-04.5(1)A5. The appointment of a replacement Board
member will begin promptly upon determination of the need for replacement and shall be
completed within 20 working days.
Service of a Board member may be terminated at any time with not less than five calendar
days’ notice as follows:
1. By Mutual agreement between the Contracting Agency and the Contractor.
2. By agreement of the other two Board members.
3. By resignation of the member.
Termination of a member will be followed by selection of a replacement as specified
above.
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1-04.5(1)A6 DRB Procedures – General
The Board, Contracting Agency, and Contractor may mutually develop rules of operation
of the Board that supplement the Three Party Agreement. Such supplemental rules must
be in writing and accepted by the Board, Contracting Agency, and Contractor.
It is expressly understood that the Board members are to act impartially and
independently in the consideration of facts and conditions surrounding disputes
presented by the Contracting Agency or the Contractor and that the recommendations
concerning disputes are advisory.
The Contracting Agency will furnish to the Board documents which are or may become
pertinent to the activities of the Board. The Contracting Agency shall furnish the following
services and items:
1. Contract-Related Documents: The Contracting Agency will furnish the Board three
copies of the Contract documents, including change orders, written instructions
issued by the Contracting Agency to the Contractor, correspondence, or other
documents pertinent to the performance of the Contract, and therefore, necessary to
the Board’s work.
2. Coordination and Services: The Contracting Agency will, in cooperation with the
Contractor, coordinate the operations of the Board. The Contracting Agency will
arrange or provide conference facilities at or near the job site and copying services.
The Contractor shall furnish to the Board three sets of documents, which are or
may become pertinent to the activities of the Board, except documents furnished
by Contracting Agency. Pertinent documents may include any drawings or sketches,
calculations, procedures, schedules, estimates, correspondence, or other documents
that are created in the planning or the performance of the Contract work. Copies of all
documents provided to the Board must also be furnished to the Contracting Agency.
1-04.5(1)A7 Regular Board Meetings
All regular Board meetings are expected to be held at or near the job site. The frequency
of regular meetings will be set by mutual agreement of the Board, the Contracting Agency
and the Contractor, consistent with the construction activities and the matters under
the Contract. Each regular meeting is expected to consist of a round table discussion
and a field inspection of the work. A member of the Contracting Agency and Contractor
are expected to jointly facilitate the round table discussion. Round table discussion
attendees are expected to include selected personnel from the Contracting Agency and
the Contractor. The agenda for each meeting will be set by the Board and may include the
following elements:
1. Meeting opened by Chair of the Board.
2. Remarks by the Contracting Agency’s representative.
3. By the Contractor: a description of work accomplished since the last meeting, the
current status of the work schedule, and a forecast for the coming period.
4. By the Contractor: An outline and description of potential problems.
5. By the Contracting Agency’s Project Engineer: An outline and description of the
status of the work, including an assessment of potential problems (if any), from the
Contracting Agency’s point of view.
6. A brief description, by the Contractor or the Contracting Agency, of potential claims
or disputes, which have surfaced since the last meeting.
7. A summary, by the Contractor, the Contracting Agency or the Board, of the status of
past disputes and claims.
8. A construction site visit. The Board must be accompanied by both Contracting Agency
and Contractor personnel.
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1-04.5(1)A8 Standard Procedure for Consideration of Disputes
Dispute Referral
The dispute referral shall be made in writing to the Board Chair with a copy concurrently
provided to the other Board members and the other party.
1. The dispute referral shall concisely define the nature and specifics of the dispute that
is proposed to be considered by the Board and the scope of the recommendation
requested. This referral is not expected to contain a mutually agreed upon statement
of the dispute.
2. The Board Chair shall confer with the parties to establish a briefing schedule
for delivering prehearing submittals/rebuttals, and a date, time, and location for
convening the Board hearing.
Pre-Hearing Submittal
1. The Contracting Agency and the Contractor shall each prepare a pre-hearing
submittal and transmit both a hard copy and an electronic copy of it to all three
members of the Board and the other party. The pre-hearing submittal, comprising a
position paper with such backup data as is referenced in the position paper, shall be
tabbed, indexed, and the pages consecutively numbered.
2. Both position papers shall, at a minimum, contain the following:
a. A mutually agreed upon joint statement of the dispute and the scope of the
desired report being requested of the Board, placed at the beginning of the
papers. The language of this joint statement shall summarize in a few sentences
the nature of the dispute. If the parties are unable to agree on the wording of
the joint statement of dispute, each party’s position paper shall contain both
statements, and identify the party authoring each statement.
b. The basis and justification for the party’s position, with reference to Contract
language and other supporting documents for each element of the dispute.
In order to minimize duplication and repetitiveness, the parties may identify a
common set of documents that will be referred to by both parties, and submit
them in a separate package.
3. If requested by the Board or either party, the Contracting Agency and the Contractor
shall each prepare and submit a rebuttal paper in response the position paper of the
other party.
4. The number of copies, distribution requirements, and time for submittal will be
established by the Board and communicated to the parties by the Chair.
Board Hearings
1. The Contracting Agency will arrange for or provide hearing facilities at or near
the site.
2. Attendance:
a. The Contracting Agency and the Contractor will have a representative at all
hearings.
b. The Contracting Agency and Contractor shall both limit attendance at the hearing
to personnel directly involved in the dispute and participants in the good-faith
negotiations that were conducted prior to submittal to the Board except as noted
below.
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c. At least 14 calendar days before the hearing, each party shall provide a list
of proposed attendees to the Board and to the other party. In the event of a
disagreement, the Board shall make the final determination as to who attends the
hearing.
d. Attorneys shall not attend Board hearings except as provided below:
i. Attorneys are identified as such on the list of proposed attendees.
ii. All parties desiring their attorney present are able to do so.
iii. Attorneys shall not participate in the hearing, unless the scope and extent
of Attorney participation is mutually agreed to by the Contracting Agency,
Contractor and the Board at least 7 calendar days before the hearing.
e. At Board hearings regarding disputes involving a subcontractor, the Contractor
shall require and ensure that each subcontractor involved in the dispute have
present an authorized representative with actual knowledge of the facts
underlying the subcontractor disputes.
3. A party furnishing written evidence or documentation of any kind to the Board must
furnish copies of such information to the other party and the Board a minimum of 21
calendar days prior to the date the Board sets to convene the hearing for the dispute,
unless otherwise mutually agreed to by the parties and the Board. Either party shall
produce such additional evidence as the Board may deem necessary and furnish
copies to the other party prior to submittal to the Board.
4. The conduct of the hearing shall be established by the Board and be generally
consistent with the following guidelines:
a. The party who referred the dispute to the Board shall present first, followed by
the other party.
b. To assure each party a full and adequate opportunity to present their position,
both parties shall be allowed successive rebuttals and to rebut the opposing
party’s position until, in the Board’s opinion, all aspects of the dispute have been
fully and fairly covered.
c. The Board shall be fully prepared to, and may at any time, ask questions, request
clarifications, or ask for additional data, documents, and/or job records.
d. Either party may request that the Board direct a question to, or request a
clarification from the other party. The Board shall determine at what point in the
proceedings such requests may be made and if they will be granted. In general,
the Board will not allow one party to be questioned directly by the other party.
e. In difficult or complex cases, additional hearings may be necessary to facilitate
full consideration and understanding of the dispute.
f. The Board, in its discretion, may allow introduction of arguments, exhibits,
handouts, or documentary evidence that were not included in that party’s
pre-hearing position paper or rebuttal and have not been previously submitted
to the other party. In such cases the other party will be granted time to review
and prepare a rebuttal to the new material, which may require a continuation of
the hearing.
5. After the hearing is concluded, the Board shall meet in private and reach a conclusion
supported by two or more members. Its findings and recommendations, together
with its reasons shall then be submitted as a written report to both parties. The
recommendations shall be based on the pertinent Contract provisions, facts,
and circumstances involved in the dispute. The Contract shall be interpreted and
construed in accordance with the laws of the State of Washington. The Board shall
make every effort to reach a unanimous decision. If this proves impossible, the
dissenting member may prepare a minority report.
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Scope of the Work 1-04
Failure to Prepare a Pre-Hearing Submittal or Attend a Board Hearing
1. In the event that either party fails to deliver a pre-hearing submittal by the date
established by the Board, the Board shall, at its discretion, determine whether
the hearing shall proceed as originally scheduled, or allow additional time for the
submittal and/or reschedule the hearing. On the final date and time established for
the hearing, the Board shall proceed with the hearing utilizing the information that
has been submitted.
2. In the event that representatives of either the Contracting Agency or the Contractor
fail to appear at the appointed time of a Board hearing, the Board shall postpone the
hearing until such time as representatives from both parties are available to proceed
with the hearing.
Use of Outside Experts
1. By the Contracting Agency or the Contractor:
a. A party intending to offer an outside expert’s analysis at the hearing shall
notify the other party and the Board in writing no less than 30 calendar days
prior to the due date for delivering the pre-hearing submittal, and provide the
following disclosure:
i. The expert’s name and a general statement of the area of the dispute that
will be covered by his or her testimony.
ii. A statement prepared by the proposed expert which addresses the
requirements of Section 1-04.5(1)A5, item 3(b).
iii. A statement prepared by the proposed expert which identifies the
experience and training which qualifies them as an expert.
b. Upon receipt of the above disclosure, the other party shall have the opportunity
to secure the services of an outside expert to address or respond to those is-
sues that may be raised by the other party’s outside expert. The notification and
disclosure requirement shall be the same as that specified above, except the time
requirement is 21 calendar days.
c. In the event that either the Contracting Agency or the Contractor fail to notify
the other party of their intent to provide an outside expert; the Board, in its
discretion, may allow introduction of the outside experts arguments, exhibits,
handouts, or documentary evidence that were not included in that party’s
pre-hearing position paper or rebuttal and have not been previously submitted
to the other party. In such cases the other party will be granted time to review
and prepare a rebuttal to the new material, which may require a continuation of
the hearing.
2. By the Board:
a. When requested by the Board and subject to approval of the parties, outside
experts may be needed to assist the Board. In such cases, the outside expert
shall in no way be deemed authorized to usurp the Board’s authority to issue the
Board recommendations. Such authority shall remain vested solely in the Board.
b. Prior to arranging for outside experts, the Board shall obtain prior approval from
the Contracting Agency and the Contractor by providing:
i. A statement explaining why the expert assistance is needed.
ii. An estimate of the cost of the expert assistance.
iii. The expert’s name and a general statement of the area of expertise they
will provide.
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1-04 Scope of the Work
iv. A statement prepared by the proposed expert which addresses the
requirements of Section 1-04.5(1)A5, item 3(b).
v. A statement prepared by the proposed expert which identifies the
experience and training which qualifies them as an expert.
vi. A confidentiality statement, consistent with the confidentiality obligations
of the Board described in the Three Party Agreement, executed by the
proposed expert.
DRB Report
1. The Board’s recommendations for resolution of a dispute will be formalized in a
written report signed by all Board members. The recommendations shall be based
on the Contract Provisions and the facts and circumstances involved in the dispute.
The report should include a description of the dispute, statements of each party’s
position, findings as to the facts of the dispute, discussion and rationale for the
recommendation(s), and the recommendation(s). The report shall be submitted
concurrently to the parties, as soon as possible after completion of the hearing as
agreed by all parties.
2. If the Board cannot arrive at a unanimous report, the Board shall prepare minority
findings and recommendations, which, together with the majority findings and
recommendations shall comprise the DRB report. The minority report shall identify
the issues of disagreement, along with the reasons for disagreement.
3. Clarification:
a. Either party may request clarification of a report within 14 calendar days
following receipt of the report. Within a reasonable period of time, the Board
shall provide written clarification to both parties.
b. Requests for clarification shall be submitted in writing simultaneously to the
Board and the other party.
4. Reconsideration:
a. Either party may request reconsideration of a report, provided:
i. The request is made within 14 calendar days following receipt of the report,
and
ii. New information is obtained or developed that was not known at the time of
the hearing or, in the party’s opinion, the Board misunderstood or failed to
consider pertinent facts of the dispute.
b. Within a reasonable time, the Board shall provide written reconsideration to both
parties.
c. Requests for reconsideration shall be submitted in writing simultaneously to the
Board and the other party.
d. The Board will give the party not requesting reconsideration the option
of submitting a rebuttal to any information that is the basis of the request
for reconsideration.
Acceptance of Board Recommendations
Within 30 calendar days of receiving the Board recommendations or within 14 calendar
days of receiving the Board’s written clarification and/or reconsideration, both the
Contracting Agency and the Contractor shall respond to the other in writing signifying
that the dispute is either resolved or remains unresolved. Although both parties should
place weight upon the Board recommendations, the recommendations are not binding.
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Scope of the Work 1-04
If the Board’s assistance does not lead to resolution of the dispute, the Contractor must
file a claim according to Section 1-09.11(2) before seeking any form of judicial relief.
In the event the Board’s recommendations do not lead to resolution of the dispute,
the Board’s recommendation consisting solely of the Board’s written report and all
written minority reports, along with the Board’s written clarifications and written
responses to requests for reconsideration, if any, will be admissible in any subsequent
dispute resolution proceedings including, but not limited to litigation/arbitration. The
aforementioned list of documentation shall be considered all-inclusive.
1-04.5(1)A9 Vacant
1-04.5(1)A10 Payment for the DRB Processes
1. The Contractor and Contracting Agency shall each bear their respective in-house
costs.
2. The Contracting Agency and Contractor shall share equally in the cost of the Board’s
services and all operating expenses of the Board. The Board members’ compensation
shall be in accordance with the Three Party Agreement. After the Contractor and
Contracting Agency review invoices from the Board and other operating expenses of
the Board, the Contractor shall make full payment for all Board Members and Board
operating expenses. The Contracting Agency will reimburse the Contractor for 50% of
such payments, under the pay item “Disputes Review Board”.
3. The Contractor and the Contracting Agency shall equally bear the cost of the services
of the outside expert hired to advise the Board. Outside experts hired to advise
the Board shall Contract directly with the Contractor after concurrence from the
Board and approval from the Contracting Agency. Invoices for these services shall
be submitted by the expert to both the Contractor and Contracting Agency for
approval by both parties. The Contractor shall pay approved invoices in full, and the
Contracting Agency will reimburse the Contractor for 50% of such payments, under
the Bid item “Disputes Review Board”.
4. The cost for securing outside expert services for the Contracting Agency or the
Contractor shall be borne by the party securing such services.
5. The Contracting Agency, through the Engineer, will provide administrative services,
such as conference facilities and copying services, to the Board and the Contracting
Agency will bear the costs for these services.
1-04.5(1)A11 Indemnification of DRB Members
The Contracting Agency and Contractor shall indemnify and hold harmless the
Board Members from and against all claims, damages, losses and expenses, including
but not limited to attorney’s fees arising out of and resulting from the actions and
recommendations of the Board.
1-04.6 Variation in Estimated Quantities
Payment to the Contractor will be made only for the actual quantities of Work performed
and accepted in conformance with the Contract. When the accepted quantity of Work
performed under a unit item varies from the original Proposal quantity, payment will be
at the unit Contract price for all Work unless the total accepted quantity of the Contract
item, adjusted to exclude added or deleted amounts included in change orders accepted
by both parties, increases or decreases by more than 25 percent from the original
Proposal quantity. In that case, payment for Contract Work may be adjusted as described
herein.
The adjusted final quantity shall be determined by starting with the final accepted
quantity measured after all Work under an item has been completed. From this amount,
subtract any quantities included in additive change orders accepted by both parties. Then,
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to the resulting amount, add any quantities included in deductive change orders accepted
by both parties. The final result of this calculation shall become the adjusted final quantity
and the basis for comparison to the original Proposal quantity.
1. Increased Quantities – Either party to the Contract will be entitled to renegotiate
the price for that portion of the adjusted final quantity in excess of 1.25 times
the original Proposal quantity. The price for excessive increased quantities will be
determined by agreement of the parties, or, where the parties cannot agree, the price
will be determined by the Engineer based upon the actual costs to perform the Work,
including reasonable markup for overhead and profit.
2. Decreased Quantities – Either party to the Contract will be entitled to an equitable
adjustment if the adjusted final quantity of Work performed is less than 75 percent of
the original Bid quantity. The equitable adjustment shall be based upon and limited to
three factors:
a. Any increase or decrease in unit costs of labor, materials or equipment, utilized
for Work actually performed, resulting solely from the reduction in quantity;
b. Changes in production rates or methods of performing Work actually done to the
extent that the nature of the Work actually performed differs from the nature of
the Work included in the original plan; and
c. An adjustment for the anticipated contribution to unavoidable fixed cost and
overhead from the units representing the difference between the adjusted final
quantity and 75 percent of the original Plan quantity.
The following limitations shall apply to renegotiated prices for increases and/or equitable
adjustments for decreases:
1. The equipment rates shall be actual cost but shall not exceed the rates set forth in the
AGC/WSDOT Equipment Rental Agreement (referred to in Section 1-09.6) that is in
effect at the time the Work is performed.
2. No payment will be made for extended or unabsorbed home office overhead and
field overhead expenses to the extent that there is an unbalanced allocation of such
expenses among the Contract Bid items.
3. No payment for consequential damages or loss of anticipated profits will be allowed
because of any variance in quantities from those originally shown in the Proposal
form, Contract Provisions, and Contract Plans.
4. The total payment (including the adjustment amount and unit prices for Work
performed) for any item that experiences an equitable adjustment for decreased
quantity shall not exceed 75 percent of the amount originally Bid for the item.
If the adjusted final quantity of any item does not vary from the quantity shown in the
Proposal by more than 25 percent, then the Contractor and the Contracting Agency agree
that all Work under that item will be performed at the original Contract unit price.
When ordered by the Engineer, the Contractor shall proceed with the Work pending
determination of the cost or time adjustment for the variation in quantities.
The Contractor and the Contracting Agency agree that there will be no cost adjustment
for decreases if the Contracting Agency has entered the amount for the item in the
Proposal form only to provide a common Proposal for Bidders.
1-04.7 Differing Site Conditions (Changed Conditions)
During the progress of the Work, if preexisting subsurface or latent physical conditions
are encountered at the site, differing materially from those indicated in the Contract, or
if preexisting unknown physical conditions of an unusual nature, differing materially from
those ordinarily encountered and generally recognized as inherent in the Work provided
for in the Contract, are encountered at the site, the party discovering such conditions shall
2023 Standard Specifications M 41-10 Page 1-39
Scope of the Work 1-04
promptly notify the other party in writing of the specific differing site conditions before
they are disturbed and before the affected Work is performed.
Upon written notification, the Engineer will investigate the conditions to determine if
conditions materially differ and cause an increase or decrease in the cost or time required
for the performance of any Work under the Contract, an adjustment, excluding loss of
anticipated profits, will be made and the Contract modified in writing accordingly. The
Engineer will provide the Contractor a Written Determination whether an adjustment of
the Contract is warranted.
No Contract adjustment which results in a benefit to the Contractor will be allowed unless
the Contractor has provided the required written notice.
The equitable adjustment will be by agreement with the Contractor. However, if the
parties are unable to agree, the Engineer will determine the amount of the equitable
adjustment in accordance with Section 1-09.4. Extensions of time will be evaluated in
accordance with Section 1-08.8.
If the Engineer determines that different site conditions do not exist and no adjustment in
costs or time is warranted, such determination shall be final as provided in Section 1-05.1.
If there is a decrease in the costs or time required to perform the Work, failure of the
Contractor to notify the Engineer of the differing site conditions shall not affect the
Contracting Agency’s right to make an adjustment in the costs or time.
If the Contractor does not agree with the Engineer’s Written Determination, the
Contractor shall pursue the protest procedures in accordance with Section 1-04.5.
No claim by the Contractor shall be allowed unless the Contractor has followed the
procedures provided in Sections 1-04.5 and 1-09.11.
1-04.8 Progress Estimates and Payments
Engineer-issued progress estimates or payments for any part of the Work shall not be
used as evidence of performance or quantities. Progress estimates serve only as basis
for partial payments. The Engineer may revise progress estimates any time before final
acceptance. If the Engineer deems it proper to do so, changes may be made in progress
estimates and in the final estimate.
1-04.9 Use of Buildings or Structures
The Engineer will decide whether any building or Structure on the Right of Way may
remain during the Work and whether the Contractor may use such a building or Structure.
1-04.10 Use of Materials Found on the Project
With the Engineer’s written approval, the Contractor may use on the project: stone,
gravel, sand, other materials from on-site excavation, or timbers removed in the course of
the Work. Approval will not be granted if:
1. The excavated materials or timber fail to meet Contract requirements;
2. The excavated materials or timber are required for other use under the Contract;
3. The excavated materials are required for use as Selected Materials under Section
2-03.3(10); or
4. Such use is not in the best interests of the Contracting Agency as determined by the
Engineer, whose decision shall be final as provided in Section 1-05.1.
Any material disturbed by, but not used in, the Work shall be disposed of as
provided elsewhere in the Contract or as ordered by the Engineer in accordance with
Section 1-04.4.
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1-04 Scope of the Work
1-04.11 Final Cleanup
The Contractor shall perform final cleanup as provided in this section to the Engineer’s
satisfaction. The Engineer will not establish the Physical Completion Date until this is
done. The Highway Right of Way, material sites, and all ground the Contractor occupied to
do the Work shall be left neat and presentable. The Contractor shall:
1. Remove all rubbish, surplus materials, discarded materials, falsework, temporary
structures, equipment, and debris; and
2. Deposit in embankments, or remove from the project, all unneeded, oversized rock
left from grading, surfacing, or paving.
The Contractor shall not remove warning, regulatory, or guide signs unless the
Engineer approves.
2023 Standard Specifications M 41-10 Page 1-41
Control of Work 1-05
1-05 Control of Work
1-05.1 Authority of the Engineer
The Engineer shall be satisfied that all the Work is being done in accordance with the
requirements of the Contract. The Contract and Specifications give the Engineer authority
over the Work. Whenever it is so provided in this Contract, the decision of the Engineer
shall be final: provided, however, that if a written protest is brought within the time
allowed in the Contract, challenging the Engineer’s Written Determination or decision,
the protest addressing that Written Determination or decision shall be addressed in
accordance with the procedures set forth in Section 1-04.5.
The Engineer’s decisions will be final on all questions including the following:
1. Quality and acceptability of materials and Work,
2. Measurement of unit price Work,
3. Acceptability of rates of progress on the Work,
4. Interpretation of Plans and Specifications,
5. Determination as to the existence of changed or differing site conditions,
6. Fulfillment of the Contract by the Contractor,
7. Payments under the Contract including equitable adjustment,
8. Suspension(s) of Work,
9. Termination of the Contract for default or public convenience,
10. Determination as to unworkable days, and
11. Approval of Working Drawings.
The Engineer represents the Contracting Agency with full authority to enforce Contract
requirements. If the Contractor fails to respond promptly to the requirements of the
Contract or orders from the Engineer:
1. The Engineer may use Contracting Agency resources, other contractors, or other
means to accomplish the Work; and
2. The Contracting Agency will not be obligated to pay the Contractor and will deduct
from the Contractor’s payments all costs that result from any other means used to
carry out the Contract requirements or Engineer’s orders.
At the Contractor’s risk, the Engineer may suspend all or part of the Work according to
Section 1-08.6.
Nothing in these Specifications or in the Contract requires the Engineer to provide the
Contractor with direction or advice on how to do the Work. If the Engineer approves
or recommends methods or manners for doing the Work or producing materials, the
approval or recommendation shall not:
1. Guarantee that following the method or manner will result in compliance with the
Contract,
2. Relieve the Contractor of any risks or obligations under the Contract, or
3. Create a Contracting Agency liability.
1-05.1(1) Oral Orders
When an oral order, including directions, instructions, interpretations, and determinations
are issued by the Engineer, the Contracting Agency will send a Written Determination to
the Contractor within 3 calendar days thereafter. If the Engineer determines that a change
to the Contract is warranted, a written change order will be processed in accordance
with Section 1-04.4. If the Contractor disagrees with the Written Determination, the
Contractor may protest in accordance with Section 1-04.5.
Page 1-42 2023 Standard Specifications M 41-10
1-05 Control of Work
When the Contractor believes they have received an oral order, the Contractor shall
notify the Engineer in writing and within 3 calendar days. After the Contractor notifies
the Engineer, the Contracting Agency will respond with a Written Determination within
14 calendar days. If the Engineer determines that a change to the Contract is warranted,
a written change order will be processed in accordance with Section 1-04.4. If the
Contractor disagrees with the Written Determination, the Contractor may protest in
accordance with Section 1-04.5. Failure to follow procedures of this section will result in a
waiver of claim.
1-05.1(2) Requests for Information (RFI)
No Claim shall be allowed because of ambiguities in the Contract if:
1. The Contractor discovers an ambiguity but fails to notify the Contracting Agency, or
2. The Contractor failed to discover a patent ambiguity that would be discovered by a
reasonably prudent Contractor.
If the Contractor discovers an ambiguity in the Contract or desires an explanation or
interpretation of the Contract, they shall request the explanation or interpretation
in writing by way of a Request for Information (RFI). The RFI shall clearly define
the ambiguity and have enough detail for the Engineer to provide an explanation
or interpretation. If such detail is not provided, the Engineer will return the RFI as
incomplete. Should the RFI require a change to the Contract, the Contractor will indicate
in their RFI that it includes a request for change (RFC).
A RFI shall not be used nor constitute a notice required in accordance with Sections
1-04.5 and 1-04.7.
The Contractor may submit a RFI for the one of following reasons:
1. The Contractor believes there is information missing from the Contract Documents
(Missing Information).
2. The Contractor believes a clarification of one or more of the Contract requirements is
necessary (Clarification).
3. The Contractor needs to repair or otherwise correct a deficiency in the Work that
requires a Change to the Contract to be acceptable (RFC – Construction Deficiency/
Repair procedure). Requests submitted for this reason shall be submitted in
accordance with Section 1-05.7(1).
4. The Contractor needs to substitute a material that provides an equal or better level
of performance as the one specified in the Contract (RFC – Material Substitution).
Requests shall indicate the location(s), quantity, and shall describe how the material
provides an equal or better level of performance as the material originally specified.
5. The Contractor may submit a RFI that requests a change to the Contract
requirements for a reason other than one listed in items 1-4 of this section (RFC –
Other). To be considered, the request must not meet the requirements of a Value
Engineering Change Proposal. To be considered, the request shall qualify as a Minor
Change in accordance with Section 1-04.4(1) and shall describe how the change is
and shall describe how the change is beneficial to the project.
The Engineer will respond, in writing, to RFIs within 14 calendar days in the order they
are received. If the Engineer cannot respond within 14 calendar days due to the nature
and complexity of the RFI, the Engineer will respond to the RFI stating how many
additional days are needed for a full response. This does not relieve the Contractor
of its responsibility to request a time extension in accordance with Section 1-08.8.
If the Contractor needs to prioritize a RFI it shall indicate so as part of the RFI. Oral
explanations, interpretations, or instructions given by anyone other than the Engineer
will not be binding on the Contracting Agency. A response to a RFI shall be considered a
Written Determination.
2023 Standard Specifications M 41-10 Page 1-43
Control of Work 1-05
If the Contractor’s Request for Information requires a change order, the Engineer’s
response will indicate whether they are authorizing the Contractor to proceed with
the changed work prior to an executed change order. Without this authorization, the
Contractor shall not proceed with the changed work until a Change Order has been
processed. If the Contractor believes the response requires a change order and the
Engineer does not specifically state that a change order is necessary, the Contractor shall
submit their Protest in accordance with Section 1-04.5. Proceeding without Protest shall
waive . Proceeding without Protest shall waive the Contractor’s rights to Claim.
The Contractor shall bear all risk and costs of Work delays caused by rejection or
nonapproval of RFIs that Requests for Change (RFC). The Contractor agrees the Engineer
is under no obligation to accept an RFC. The Engineer’s decision to accept or reject all or
part of a RFI that requests a change is final and not subject to Protest.
Unit Bid prices shall cover all costs of submitting RFIs.
1-05.2 Authority of Assistants and Inspectors
Assistants and Inspectors have the authority to determine if the Work and materials meet
the Contract requirements, reject defective material and suspend Work that is being done
improperly, subject to the final decisions of the Engineer.
Assistants and Inspectors are not authorized to accept Work, to accept materials, to issue
instructions, or to give advice that is contrary to the Contract. Work done or material
furnished that does not meet the Contract requirements shall be at the Contractor’s risk
and shall not be a basis for a claim even if the Inspectors or assistants purport to change
the Contract.
Assistants and Inspectors may advise the Contractor of faulty Work or materials or
infringements of the terms of the Contract; however, failure of the Engineer or the
assistants or Inspectors to advise the Contractor does not constitute acceptance
or approval.
1-05.3 Working Drawings
The Contract may require the Contractor to submit Working Drawings for the
performance of the work. Working Drawings shall be submitted by the Contractor
electronically to the Engineer in PDF format; drawing details shall be prepared in
accordance with conventional detailing practices. Unless allowed by the Engineer, the
default page size shall be 8½ by 11 inches for text and calculations and 11 by 17 inches
for drawings.
Working Drawings will be classified under the following categories:
1. Type 1 – Submitted for Contracting Agency information. Submittal must be received
by the Contracting Agency a minimum of 7 calendar days before Work represented by
the submittal begins.
2. Type 2 – Submitted for Contracting Agency review and comment. Unless otherwise
stated in the Contract, the Engineer will require up to 20 calendar days from the date
the Working Drawing is received until it is returned to the Contractor. The Contractor
shall not proceed with the Work represented by the Working Drawing until comments
from the Engineer have been addressed.
3. Type 2E – Same as a Type 2 Working Drawing with Engineering as described below.
4. Type 3 – Submitted for Contracting Agency review and approval. Unless otherwise
stated in the Contract, the Engineer will require up to 30 calendar days from the date
the Working Drawing is received until it is returned to the Contractor. The Contractor
shall obtain the Engineer’s written approval before proceeding with the Work
represented by the Working Drawing.
5. Type 3E – Same as a Type 3 Working Drawing with Engineering as described below.
Page 1-44 2023 Standard Specifications M 41-10
1-05 Control of Work
All Working Drawings shall be considered Type 3 Working Drawings except as specifically
noted otherwise in the Contract. Unless designated otherwise by the Contractor,
submittals of Working Drawings will be reviewed in the order they are received by the
Engineer. In the event that several Working Drawings are received simultaneously, the
Contractor shall specify the sequence in which they are to be reviewed. If the Contractor
does not submit a review sequence for simultaneous Working Drawing submittals, the
review sequence will be at the Engineer’s discretion.
Working Drawings requiring Engineering, Type 2E and 3E, shall be prepared by (or
under the direction of) a Professional Engineer, licensed under Title 18 RCW, State of
Washington, and in accordance with WAC 196-23-020. Design calculations shall carry the
Professional Engineer’s signature and seal, date of signature, and registration number on
the cover page. The cover page shall also include the Contract number, Contract title and
sequential index to calculation page numbers.
If more than the specified number of calendar days is required for the Engineer’s review of
an individual Working Drawing or resubmittal, an extension of time will be considered in
accordance with Section 1-08.8.
Review or approval of Working Drawings shall neither confer upon the Contracting
Agency nor relieve the Contractor of responsibility for the accuracy of the drawings
or. Review or approval of Working Drawings shall neither confer upon the Contracting
Agency nor relieve the Contractor of any responsibility for the accuracy of the drawings
or their conformity with the Contract. The Contractor shall bear all risk and all costs of any
Work delays caused by rejection or nonapproval of Working Drawings.
Unit Bid prices shall cover all costs of Working Drawings.
1-05.4 Conformity with and Deviations from Plans and Stakes
The Special Provisions may require that the Contractor be contractually responsible for
part or all of the project surveying. For survey requirements not the responsibility of the
Contractor, the Engineer will lay out and set construction stakes and marks needed to
establish the lines, grades, slopes, cross-sections, and curve superelevations. These stakes
and marks will govern the Contractor’s Work. The Contractor shall take full responsibility
for detailed dimensions, elevations, and slopes measured from them.
All Work performed shall be in conformity with the lines, grades, slopes, cross-sections,
superelevation data, and dimensions as shown in the Plans, or as staked. If the Plans,
Special Provisions, or these Specifications, state specific tolerances, then the Work shall
be performed within those limits. The Engineer’s decision on whether the Work is in
conformity shall be final, as provided in Section 1-05.1.
The Contractor shall not deviate from the approved Plans and Working Drawings unless
the Engineer approves in writing.
When the Contracting Agency is responsible for roadway surveying, and the Contractor
trims the Subgrade with an automatic machine guided by reference lines, the Engineer will
set control stakes for line and grade only once after grading is complete. To gain better
control with unusual pavement widths or for other reasons, the Engineer may set more
control stakes without added cost to the Contractor. The Contractor shall set reference
lines from these control stakes for trimming Subgrade, for surfacing, and for controlling
the paving machines.
The Contractor shall work to preserve stakes, marks, and monuments set by the Engineer.
The Contracting Agency will deduct from payments due the Contractor all costs to replace
such stakes, marks, and monuments carelessly or willfully damaged or destroyed by the
Contractor’s operation.
The Contractor shall provide enough safe areas to permit the Engineer to set those points
and elevations that are the responsibility of the Contracting Agency and to perform
random checks of the surveying performed by the Contractor.
2023 Standard Specifications M 41-10 Page 1-45
Control of Work 1-05
The Contractor shall keep the Engineer informed of staking requirements to provide
the Engineer with adequate time to set the stakes for which the Contracting Agency is
responsible. Contractor requests for stakes shall be made at least 3 working days before
the Engineer needs to begin the staking operation.
1-05.5 Tolerances
Geometrical tolerances shall be measured from the points, lines, and surfaces defined in
Contract documents.
A plus (+) tolerance increases the amount or dimension to which it applies, or raises a
deviation from level. A minus (-) tolerance decreases the amount or dimension to which it
applies, or lowers a deviation from level. Where only one signed tolerance is specified (+
or -), there is no specified tolerance in the opposing direction.
Tolerances shall not be cumulative. The most restrictive tolerance shall control.
Tolerances shall not extend the Work beyond the Right of Way or other legal boundaries
identified in the Contract documents. If application of tolerances causes the extension of
the Work beyond the Right of Way or legal boundaries, the tolerance shall be reduced for
that specific instance.
Tolerances shall not violate other Contract requirements. If application of tolerances
causes the Work to violate other Contract requirements, the tolerance shall be
reduced for that specific instance. If application of tolerances causes conflicts with
other components or aspects of the Work, the tolerance shall be reduced for that
specific instance.
1-05.6 Inspection of Work and Materials
The Engineer may inspect all Work and materials for conformity with Contract terms. To
ensure the Engineer’s safety and access during these inspections, the Contractor shall
provide any equipment needed, such as walkways, railings, ladders, and platforms.
When the Engineer requests, the Contractor shall (without charge) provide samples of
materials used or to be used in the Work. If the Contractor uses materials tested and
approved for one project in an unrelated project, the Contracting Agency may deduct
its testing and inspection costs from payments due the Contractor. The Engineer may
order the Contractor to remove and replace materials used without inspection and the
Contractor shall bear the cost of doing so.
Inspections, tests, measurements, or other actions by Contracting Agency employees
serve only one purpose: to assure the Engineer that Work, materials, progress rate, and
quantities comply with Contract terms. Such work by Contracting Agency employees shall
not relieve the Contractor of its responsibility for completing the Work or for determining
if Contract requirements are being met. The Contractor shall correct all substandard Work
or materials. The Engineer will reject unsuitable Work or materials even though inspected
or paid for in a progress estimate.
If the Engineer requests, then the Contractor shall remove or uncover any requested
area of the completed Work. After the Engineer inspects it, the Contractor shall restore
the area to the standard the Contract requires. The Contractor shall bear the cost of
uncovering, removing, and restoring the exposed Work: (a) if it proves unacceptable, or (b)
if it was placed without authority or without due notice to the Engineer. The Contracting
Agency will pay these costs by agreed price or by force account if the Work proves to be
acceptable and the Contractor had performed the original Work with the authority of and
due notice to the Engineer.
The Contractor, if advised to do so by the Engineer, shall permit inspection of the Work
from a representative of Railroad Companies, utilities, facilities of a public agency, or
federal, state, or municipal agencies.
Page 1-46 2023 Standard Specifications M 41-10
1-05 Control of Work
For crushing or screening operations, the Contractor shall provide and install a mechanical
sampler that:
1. Is automatic or semi-automatic;
2. Can safely and easily obtain representative samples of the materials being produced;
3. Can convey the samples to ground level in Contracting Agency-provided sacks;
4. Moves at an even rate through the full width of the materials stream falling from the
discharge end of the belt, gate, or chute;
5. Is power driven during the material intercept cycle; and
6. Can be adjusted to take samples of about 100 pounds as often as the Engineer
requires.
No material from the crushing or screen operation will be accepted until after the
Engineer has approved the design and operation of the sampling equipment. The
Contractor shall bear all costs of providing the sampling equipment, the power to operate
it, and the space for its use.
1-05.7 Removal of Defective and Unauthorized Work
The Contracting Agency will not pay for unauthorized or defective Work. Unauthorized
or defective Work includes: Work and materials that do not conform to Contract
requirements; Work done beyond the lines and grades set by the Plans or the Engineer;
and extra Work and materials furnished without the Engineer’s written approval. The
Contractor shall be responsible to immediately report to the Engineer all unauthorized or
defective Work. The Contractor shall immediately remedy, remove, replace, or dispose of
unauthorized or defective Work or materials and bear all costs of doing so.
1-05.7(1) Request for Change for Defective or Unauthorized Work
The Contractor may, as a request for information (RFI) in accordance with Section
1-05.1(2), submit a request to repair, replace or substitute defective, rejected, non-
conforming, or unacceptable Work (RFC-Construction Deficiency/Repair Procedure).
RFIs submitted for RFC-Construction Deficiency/Repair Procedure shall include Type
2 Working Drawings. Type 2E Working Drawings shall be submitted when required by
the Engineer. For preapproved repair procedures, Type 1 Working drawings shall be
included. All requirements within the Contract for the repair, replacement or substitution
of defective, rejected, non- conforming or unacceptable Work shall be followed and
submitted as part of a RFI for RFC-Construction Deficiency/Repair Procedure. The
Engineer has the right to reject all or part of the defective Work, and the Engineer’s
decision is final and not subject to protest.
1-05.8 Vacant
1-05.9 Equipment
Prior to mobilizing equipment on site, the Contractor shall thoroughly remove all loose
dirt and vegetative debris from drive mechanisms, wheels, tires, tracks, buckets and
undercarriage. The Engineer will reject equipment from the site until it returns clean.
At the Engineer’s request, the Contractor shall provide an operating and maintenance
manual for each model or type of mixing, placing, or processing equipment before using
it in the Work. The Contractor shall also provide test instruments to confirm whether the
equipment meets operating requirements, such as vibration rate, revolutions-per-minute,
or other requirements.
The Contract may require automatically controlled equipment for some operations. If
the automatic controls on such equipment fail, then the Contractor may operate the
equipment manually for the remainder of that normal working day, provided the method
of operation produces results otherwise meeting the Specifications. Continued operation
2023 Standard Specifications M 41-10 Page 1-47
Control of Work 1-05
of the equipment manually beyond this working day will be permitted only by specific
authorization of the Engineer.
The Engineer will reject equipment that repeatedly breaks down or fails to produce results
within the required tolerances. The Contractor shall have no claim for additional payment
or for extension of time due to rejection and replacement of equipment.
Upon completion of the Work, the Contractor shall completely remove all loose dirt and
vegetative debris from equipment before removing it from the job site.
1-05.10 Guarantees
The Contractor shall furnish to the Contracting Agency all guarantees or warranties
furnished as a customary trade practice in connection with the purchase of equipment,
materials, or items incorporated into the project.
1-05.11 Final Inspection
The Engineer will not make the final inspection until the physical Work required by the
Contract, including final cleanup and all extra Work ordered by the Engineer, has been
completed. The Physical Completion Date for the Contract will be determined as provided
in Section 1-08.5.
1-05.12 Final Acceptance
The Contractor must perform all the obligations under the Contract before a Completion
Date and final acceptance can occur. Failure of the Contractor to perform all the
obligations under the Contract shall not bar the Contracting Agency from unilaterally
accepting the Contract as provided in Section 1-09.9. The Secretary accepts the
completed Contract and the items of Work shown in the final estimate by signature
of the Final Contract Voucher Certification. The date of that signature constitutes the
acceptance date. Progress estimates or payments shall not be construed as acceptance of
Work under the Contract.
The Contractor agrees that neither completion nor final acceptance shall relieve the
Contractor of the responsibility to indemnify, defend, and protect the Contracting Agency
against all claims or loss resulting from the failure of the Contractor or subcontractors
to pay all laborers, mechanics, subcontractors, material persons, or others who provides
labor, supplies, or provisions for carrying out the Work or for payments required for
unemployment compensation under Title 50 RCW or for industrial insurance and medical
aid required under Title 51 RCW.
Final acceptance shall not constitute acceptance of unauthorized or defective work or
material. The Contracting Agency shall not be barred from requiring the Contractor to
remove, replace, repair, or dispose of all unauthorized or defective work or material or
from recovering damages for any such work or material.
1-05.13 Superintendents, Labor, and Equipment of Contractor
At all times, the Contractor shall keep at the Work site a set of the Plans, Specifications,
Special Provisions, and Addenda. The Contractor shall devote the attention required to
make progress on the Work in accordance with their approved schedule. The Contractor
shall cooperate fully with the Engineer and Inspectors.
Either the Contractor in person or an authorized representative shall remain on site
whenever the Work is underway. Before the Work begins, the Contractor shall name
in writing an experienced superintendent who understands the Contract and is able to
supervise the Work. This superintendent shall have full authority to represent and act for
the Contractor. Superintendents who repeatedly fail to follow the Engineer’s written or
oral orders, directions, instructions, or determinations, shall be subject to removal from
the project. Upon the written request of the Engineer, the Contractor shall immediately
remove such superintendent and name a replacement in writing.
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1-05 Control of Work
Competent supervisors experienced in the task being performed shall continuously
oversee the Contract Work. At the Engineer’s written request, the Contractor shall
immediately remove and replace incompetent, careless, or negligent employees.
Noncompliance with the Engineer’s request to remove and replace personnel at any level
shall be grounds for terminating the Contract under the terms of Section 1-08.10.
The Contractor shall keep all machinery and equipment in good, workable condition.
It shall be adequate for its purpose and used by competent operators.
The Engineer will rate the Contractor’s performance and Contract compliance in these
categories:
1. Progress of Work,
2. Quality of Work,
3. Equipment,
4. Administration/Management/Supervision, and
5. Coordination and Control of subcontractors.
Whenever the Contracting Agency evaluates the Contractor’s prequalification under
RCW 47.28.070, it will take these reports into account.
1-05.13(1) Emergency Contact List
The Contractor shall submit an Emergency Contact List to the Engineer as a Type 1
Working Drawing no later than 5 calendar days after the date the Contract is executed.
The list shall include, at a minimum, the Contractor’s Project Manager, or equivalent,
the Contractor’s Project Superintendent, the Erosion and Sediment Control (ESC) Lead,
and the Traffic Control Supervisor. The list shall identify a representative with delegated
authority to act as the emergency contact on behalf of the Contractor and include one or
more alternates. The emergency contact shall be available upon the Engineer’s request
at other than normal working hours. The Emergency Contact List shall include 24-hour
telephone numbers for all individuals identified as emergency contacts or alternates.
1-05.14 Cooperation with Other Contractors
The Contracting Agency may perform other work at or near the site, including any material
site, with other forces than those of the Contractor. This work may be done with or
without a contract. If such work takes place within or next to this project, the Contractor
shall cooperate with all other contractors or forces. The Contractor shall carry out Work
under this project in a way that will minimize interference and delay for all forces involved.
The Engineer will resolve disagreements that may arise among the contractors or the
Contractor and the Contracting Agency over the method or order of doing the Work. The
Engineer’s decision in these matters shall be final, as provided in Section 1-05.1.
The coordination of the Work shall be taken into account by the Contractor as part of
the site investigation in accordance with Section 1-02.4 and all resulting costs shall be
incidental and included within the unit Bid prices in the Contract.
1-05.15 Method of Serving Notices
Written notices to the Contractor required under these Specifications may be served on
the Contractor either personally or by mailing or by delivery to the last post office or email
address known to the Engineer.
All correspondence from the Contractor shall be directed to the Engineer. If Certified
Claims are filed in hard copy format, they shall be directed to the Engineer. Whether
filed electronically or in hard copy format, the Certified Claims shall include the original
notarized statement.
2023 Standard Specifications M 41-10 Page 1-49
Control of Material 1-06
1-06 Control of Material
1-06.1 Approval of Materials Prior to Use
Prior to use, the Contractor shall notify the Engineer of all proposed materials.
The Contractor shall use the Qualified Product List (QPL), the Aggregate Source Approval
(ASA) Database, or the Request for Approval of Material (RAM) form.
All equipment, materials, and articles incorporated into the permanent Work:
1. Shall be new, unless the Special Provisions or Standard Specifications permit
otherwise;
2. Shall meet the requirements of the Contract and be approved by the Engineer;
3. May be inspected or tested at any time during their preparation and use; and
4. Shall not be used in the Work if they become unfit after being previously approved.
1-06.1(1) Qualified Products List (QPL)
The QPL is a listing of manufactured products that have been evaluated and determined
suitable for use in Highway construction.
If the Contractor elects to use the QPL, the most current list available at the time the
product is proposed for use, shall be used. The QPL submittal shall be prepared by the
Contractor in accordance with the instructions in the QPL and submitted to the Engineer
prior to use.
The QPL identifies the approved products, the applicable Specification Section, and
the basis for acceptance at the project level. The listing is divided into two categories,
“Approved” and “Conditionally Approved”. “Approved” products are denoted with an “A”.
Those products may be accepted without additional sampling. “Conditionally Approved”
products are denoted with a “CA”. The acceptance and use of these products is based
upon additional job sampling and/or documentation. All additional acceptance actions
need to be completed prior to the material being incorporated into the Work.
The Contractor shall advise the Engineer of the intended items for use from the QPL by
reference to the Contract Bid item.
The use of listed products shall be restricted to the Standard Specification for which they
are listed and fulfillment of the acceptance requirement defined in the QPL. Qualified
products not conforming to the Specifications, not fulfilling the acceptance requirements,
or improperly handled or installed, shall be replaced at the Contractor’s expense.
To qualify for continued listing on the QPL, products may be sampled and tested for
conformance to the Standard Specifications. The Contracting Agency reserves the right to
make revisions to the QPL at any time.
If there is a conflict between the QPL and the Contract, the provisions of the Contract
shall take precedence over the QPL.
The current QPL can be accessed online at www.wsdot.wa.gov/business/materialslab/QPL.htm.
1-06.1(2) Request for Approval of Material (RAM)
The RAM shall be used when the Contractor elects not to use the QPL or the material is
not listed in the QPL. The RAM shall be prepared by the Contractor in accordance with
the instructions on Form 350-071 and submitted to the Engineer for approval before the
material is incorporated into the Work.
Approval of the material does not constitute acceptance of the material for incorporation
into the Work.
Additional acceptance actions as noted on the RAM need to be completed prior to the
materials being incorporated into the Work.
Page 1-50 2023 Standard Specifications M 41-10
1-06 Control of Material
When requesting approval of an item that requires fabrication, both the fabricator and the
manufacturer of the base material shall be identified on the RAM.
1-06.1(3) Aggregate Source Approval (ASA) Database
The ASA database contains the results of WSDOT preliminary testing of aggregate
sources as well as the results pertaining to the review of the aggregate source Quality
Control Programs. Aggregate sources evaluated after January 1, 2021 shall have Quality
Control Program compliant with QC 11 and QC 12.
This database is used by the Contracting Agency to indicate the approval status of these
aggregate sources for applications that require preliminary testing as defined in the
Contract. The ASA ‘Aggregate Source Approval Report’ identifies the currently approved
applications for each aggregate source listed. The acceptance and use of these aggregates
is contingent upon additional job sampling and/or documentation. The ASA database can
be accessed online at the agency website.
Aggregates approved for applications on the ASA ‘Aggregate Source Approval Report’ not
conforming to the Specifications, not fulfilling the acceptance requirements, or improperly
handled or installed, shall be replaced at the Contractor’s expense.
Aggregate materials that are not approved for use in the ASA data base may be sampled
and tested by the Agency, for a specified use on a project, from the source or from a
processed stockpile of the material and all cost for the sampling and testing will be
deducted from the Contract.
The Contractor agrees to authorize the Engineer to deduct the sampling and testing costs
from money due or coming due to the Contractor.
Regardless of the status of the aggregate source, whether listed or not listed in the ASA
database the Contractor shall provide toxicity test results on the aggregate source in
accordance with Section 9-03.21(1) upon request from the Engineer.
1-06.1(4) Fabrication Inspection Expense
In the event the Contractor elects to have items fabricated beyond 300 miles from
Seattle, Washington, the Contracting Agency will deduct from monies due or that
may become due to the Contractor all costs to perform plant approval and fabrication
acceptance inspection for the items listed in Table 1 and costs for initial plant approval
for items listed in Table 2. Plants currently listed on the QPL for the items shown in
Table 1 and Table 2 in this section do not require plant approval.
2023 Standard Specifications M 41-10 Page 1-51
Control of Material 1-06
Table 1 Items Requiring Plant Approval and Fabrication Acceptance Inspection
• Anchor Bolts (ASTM A449 & F1554
Grade 105)
• Anchor Cables and Components
• Bridge Bearings (Cylindrical, Disc, Fabric
Pad, Low Rise, Pin, Pendulum, and
Spherical)
• Cattle Guards
• Coated Piling and Casing
• Epoxy-Coated Reinforcing Steel
• Fabricated/Welded Miscellaneous
Metal Drainage Items: Grate Inlets, and
Drop Inlets
• Longitudinal Seismic Restrainers
• Metal Bridge Railing and Handrail
• Metal Castings for Concrete Drainage,
electrical, and Utility Items
• Modular Expansion Joints
• Paint & Powder Coating Facilities for
Table 1 items
• Precast Concrete Bridge Deck Panels
• Precast Concrete Catch Basins,
Manholes, Inlets, Drywells, and Risers
• Precast Culvert, Storm Sewer, and
Sanitary Sewer Pipe
• Precast Concrete Floor Panels
• Precast Concrete Junction Boxes, Pull
Boxes, Cable Vaults
• Precast Concrete Marine Pier Deck
Panels
• Precast Concrete Pier Caps
• Precast Concrete Retaining Walls,
including Lagging Panels
• Precast Concrete Roof Panels
• Precast Concrete Structural Earth
Walls, Noise Barrier Walls, Wall Panels,
and Wall Stem Panels
• Precast Concrete Traffic Barrier
• Precast Concrete Vaults (Electrical,
Utility, Drainage, etc.)
• Precast Concrete Girders and Precast
Bridge Components
• Prestressed Concrete Girders
• Prestressed Concrete Panels
• Precast Reinforced Concrete Box
Culverts
• Precast Reinforced Concrete Split Box
Culverts
• Precast Reinforced Concrete Three
Sided Structures
• Prestressed Concrete Piles
• Retrofit Guardrail Posts with Welded
Base Plates
• Signal Standards
• Signing Material
• Sign Structures – Cantilever, Sign
Bridge, and Bridge Mounted, Roadside
Type PLT/PLU
• Soldier Piles
• Steel Bridges and Steel Bridge
Components
• Steel Column Jackets
• Steel Light Standards, and High Mast
Light Poles
• Strip Seal Expansion Joints
• Structural Steel for Ferry Terminal
Berthing, Pedestrian and Vehicle
Loading Structures
• Timber Bridges
• Treated Timber and Lumber 6 inch by
6 inch or larger
• Welded Structural Steel (Miscellaneous)
Table 2 Items Requiring Initial Plant Approval Only
• Epoxy Coating of Dowels and Tiebars
for Concrete Pavement
• Guardrail Posts and Blocks
• Precast Concrete Blocks for Structural
Earth Walls
• Steel Pipe Piling
Page 1-52 2023 Standard Specifications M 41-10
1-06 Control of Material
The deductions for fabrication inspection costs will be as shown in the Payment Table
below.
Zone Place of Fabrication or Inspection Site Reduction in Payment
1 Within 300 airline miles from Seattle None*
2 Between 300 and 3,000 airline miles
from Seattle
$900.00 per inspection day**
but not less than $2,500 per trip
3 Over 3,000 airline miles from Seattle $1,200 per inspection day,**
but not less than $3,000 per trip
*Fabrication inspection expense does not apply for initial acceptance inspection in Zone 1. Re-
inspection of items due to unacceptable workmanship or scheduling errors made by the Contractor,
fabricator, or facility applying protective coatings will be assessed at $70.00 per hour but not less than
$140.00 per inspection.
**An inspection day includes a calendar day or portion of a calendar day spent by one inspector
inspecting, on standby, or traveling to and from, a place of fabrication. An additional cost per
inspection day will be assessed for each additional inspector. Reimbursement will be assessed at 50%
of the daily rate per Zone, per day for weekends and holidays for each on site inspector in travel status,
but not engaged in inspection or travel activities when fabrication activities are not taking place.
Where fabrication of an item takes place in more than one zone, the reduction in payment
will be computed on the basis of the entire item being fabricated in the farthest of zones
where fabrication takes place on that item.
The rates for Zones 2 and 3 shall be applied for the full duration of time for all fabrication
inspection activities, to include, but not be limited to: plant approvals, prefabrication
meetings, fabrication, coatings, and final inspection. When an inspection is for more
than one Contract the fabrication inspection costs shall be prorated as determined by
the Engineer.
1-06.2 Acceptance of Materials
1-06.2(1) Samples and Tests for Acceptance
The Contractor shall deliver representative samples (from the Contractor, Producer, or
Fabricator) to the Engineer without charge before incorporating material into the Work.
In providing samples, the Contractor shall provide the Engineer with sufficient time and
quantities for testing before use. The Engineer may require samples at any time. Samples
not taken by or in the presence of the Engineer will not be accepted for test, unless the
Engineer permits otherwise.
The Contractor shall designate specific Contractor employees as points of contact for
concrete testing and acceptance. Alternates shall be designated to ensure that direct
contact is maintained during concrete placement. If designated by the Contractor to the
Engineer, the concrete supplier will receive all 28-day concrete strength test results.
The Engineer will designate specific Contracting Agency employees as points of contact
for concrete testing and acceptance.
The Contractor may observe any of the sampling and testing performed by the Engineer.
If the Contractor observes a deviation from the specified sampling and testing procedures,
the Contractor shall verbally describe the deviations observed to the Engineer or
designated representative immediately, and shall confirm these observed deviations
in writing to the Engineer within 24 hours, referencing the specific procedures and
steps. The Engineer will respond in writing within 3 working days of the receipt of the
Contractor’s written communications.
2023 Standard Specifications M 41-10 Page 1-53
Control of Material 1-06
All field and Laboratory materials testing by the Engineer will follow methods described in
Contract documents, or in the WSDOT Materials Manual M 46-01, using qualified testing
personnel and calibrated or verified equipment. The standard or tentative standard in
effect on the Bid advertising date will apply in each case.
Revisions to the WSDOT Materials Manual M 46-01 or revisions to other Specifications or
test methods such as AASHTO, ASTM, or Federal Specifications will be considered as in
effect 60 calendar days after publication.
1-06.2(2) Statistical Evaluation of Materials for Acceptance
1-06.2(2)A General
Where specified, acceptance sampling and testing will be performed by the Contracting
Agency and statistically evaluated for acceptance by the provisions of this Subsection.
All test results for a lot will be analyzed collectively and statistically by the quality level
analysis procedures shown at the end of this Subsection to determine the total percent
of the lot that is within Specification limits and to determine an appropriate pay factor.
Lots and sublots are defined in the appropriate Subsection of these Specifications for the
material being statistically evaluated.
Quality level analysis is a statistical procedure for determining the percent compliance of
the material with these Specifications. Quality level is the computed percent of material
meeting these Specifications and is determined from the arithmetic mean, (Xm), and the
sample standard deviation (S), for each constituent of the lot.
Rounding of test results or calculations will be accomplished according to the individual
testing procedure, or, if not defined in the procedure, then accomplished according to the
following rule:
1. The final significant digit will not be changed when the succeeding digit is less than 5.
2. The final significant digit will be increased by one when the succeeding digit is 5 or
greater.
Page 1-54 2023 Standard Specifications M 41-10
1-06 Control of Material
Table 1 Estimated percent of Work Within Specification LimitsEstimated percent Within Specification Limits (PU or PL)Upper Quality Index QU or Lower Quality Index QLn=3n=4n=5n=6n=7n=8n=9n=10 to n=11n=12 to n=14n=15 to n=17n=18 to n=22n=23 to n=29n=30 to n=42n=43 to n=66n=67 to ∞10099989796951.161.151.141.491.461.431.401.371.341.721.641.581.521.471.421.881.751.661.591.521.471.991.821.721.631.561.492.071.881.751.661.581.512.131.911.781.681.601.522.201.961.811.711.621.542.282.011.841.731.641.552.342.041.871.751.651.562.392.071.891.761.661.572.442.091.911.781.671.582.482.121.931.791.681.592.512.141.941.801.691.592.562.161.951.811.701.6094939291901.131.121.111.101.311.281.251.221.191.381.331.291.251.211.411.361.311.271.231.431.381.331.281.231.451.391.331.281.241.461.401.341.291.241.471.411.351.291.241.481.411.351.301.251.491.421.361.301.251.501.431.361.301.251.501.431.371.311.251.511.441.371.311.251.511.441.371.311.261.521.441.381.311.2689888786851.091.071.061.041.031.161.131.101.071.041.181.141.101.071.031.181.141.101.071.031.191.151.101.071.031.191.151.101.061.031.191.151.101.061.021.191.151.101.061.021.201.151.111.061.021.201.151.111.061.021.201.151.111.061.021.201.151.111.061.021.201.151.111.061.021.201.151.111.061.021.201.151.111.061.0284838281801.010.990.970.950.931.010.980.950.920.891.000.970.930.900.870.990.960.920.890.860.990.950.920.880.850.990.950.920.880.850.990.950.910.880.840.980.950.910.870.840.980.940.910.870.840.980.940.910.870.830.980.940.900.870.830.980.940.900.870.830.980.940.900.870.830.980.940.900.870.830.980.940.900.870.8379787776750.910.880.860.830.810.860.830.800.770.740.840.810.770.740.710.820.790.760.730.700.820.790.750.720.690.810.780.750.720.690.810.780.740.710.680.810.770.740.710.680.800.770.740.700.670.800.770.730.700.670.800.760.730.700.670.800.760.730.700.670.800.760.730.700.670.800.760.730.700.670.790.760.730.700.66
2023 Standard Specifications M 41-10 Page 1-55
Control of Material 1-06
Table 1 Estimated percent of Work Within Specification LimitsEstimated percent Within Specification Limits (PU or PL)Upper Quality Index QU or Lower Quality Index QLn=3n=4n=5n=6n=7n=8n=9n=10 to n=11n=12 to n=14n=15 to n=17n=18 to n=22n=23 to n=29n=30 to n=42n=43 to n=66n=67 to ∞74737271700.780.750.730.700.670.710.680.650.620.590.680.650.620.590.560.670.640.610.580.550.670.630.600.570.540.650.620.590.570.540.650.620.590.560.530.650.620.590.560.530.640.610.580.550.520.640.610.580.550.520.640.610.580.550.520.640.610.580.550.520.640.610.580.550.520.640.610.580.550.520.630.600.570.540.5269686766650.640.610.580.550.510.560.530.500.470.440.530.500.470.450.420.520.490.460.430.400.510.480.450.430.400.510.480.450.420.390.500.480.450.420.390.500.470.440.420.390.500.470.440.410.380.490.470.440.410.380.490.460.440.410.380.490.460.430.410.380.490.460.430.410.380.490.460.430.410.380.490.460.430.400.3864636261600.480.450.410.380.340.410.380.350.300.280.390.360.330.300.280.380.350.320.300.250.370.340.320.290.250.370.340.310.280.250.360.340.310.280.250.360.330.310.280.250.360.330.300.280.250.360.330.300.280.250.350.330.300.280.250.350.330.300.280.250.350.330.300.280.250.350.330.300.280.250.350.320.300.280.2559585756550.310.300.250.200.180.270.250.200.180.150.250.230.180.160.130.230.200.180.150.130.230.200.180.150.130.230.200.180.150.130.230.200.180.150.130.230.200.180.150.130.230.200.180.150.130.230.200.180.150.130.230.200.180.150.130.230.200.180.150.130.230.200.180.150.130.230.200.180.150.130.230.200.180.150.1354535251500.150.100.080.050.000.130.100.050.030.000.100.080.050.030.000.100.080.050.030.000.100.080.050.030.000.100.080.050.030.000.100.080.050.030.000.100.080.050.030.000.100.080.050.030.000.100.080.050.030.000.100.080.050.030.000.100.080.050.030.000.100.080.050.030.000.100.080.050.030.000.100.080.050.030.00
Page 1-56 2023 Standard Specifications M 41-10
1-06 Control of Material
Table 2 Pay FactorsPay FactorRequired Quality Level for a Given Sample Size (n) and a Given Pay Factorn=3n=4n=5n=6n=7n=8n=9n=10 to n=11n=12 to n=14n=15 to n=17n=18 to n=22n=23 to n=29n=30 to n=42n=43 to n=66n=67 to ∞1.051.041.031.021.011001001001009998100989795100999694921009794918910095928987100969390881009693918910096949290100979593911009795939210097969492100979694931.000.990.980.970.966966646361757270686778767472708078767472828078767483817977758482807876858381797886848281798785848281888685838289878684839089878684919088878692919088870.950.940.930.920.91595857555465636260596867656362716967666472716968667472716968757372706976757372707876757372797876757480797876758280797876838280797884838281798685848281
2023 Standard Specifications M 41-10 Page 1-57
Control of Material 1-06
Table 2 Pay FactorsPay FactorRequired Quality Level for a Given Sample Size (n) and a Given Pay Factorn=3n=4n=5n=6n=7n=8n=9n=10 to n=11n=12 to n=14n=15 to n=17n=18 to n=22n=23 to n=29n=30 to n=42n=43 to n=66n=67 to ∞0.900.890.880.870.865351504948575655535261595857556362605958656362615966656462616766656362696866656471696867667271706867747271706975747371707775747372787776757480797877760.850.840.830.820.814645444341514948474654535150495655545351585756545360585756556160585756626160595864636261596665646261676665646369686766647170696766727170696875737271700.800.790.780.770.760.75403938363533444342413938484645444342504948464544525150484746545251504948555452515049565554535251585756555453605958575654626159585756636261605958656463626160676665646362696867666564RE JECTValues Less Than Those Shown AboveReject Quality Levels Less Than Those Specified for a 0.75 Pay FactorNote: If the value of (PU + PL) - 100 does not correspond to a (PU + PL) - 100 value in this table, use the next smaller (PU+ PL) - 100 value.
Page 1-58 2023 Standard Specifications M 41-10
1-06 Control of Material
1-06.2(2)B Financial Incentive
As an incentive to produce superior quality material, a pay factor greater than 1.00 may
be obtained with the maximum pay factor being 1.05. A lot containing non-Specification
material will be accepted provided the Composite Pay Factor reaches the minimum value
specified elsewhere. A lot containing non-Specification material that fails to obtain at
least the specified minimum Composite Pay Factor will be rejected by the Engineer. The
Engineer will take one or more of the following actions when rejected material has been
incorporated into the Work:
1. Require complete removal and replacement with Specification material at no
additional cost to the Contracting Agency.
2. At the Contractor’s written request, allow corrective work at no additional cost to the
Contracting Agency and then an appropriate price reduction that may range from no
reduction to no payment.
3. At the Contractor’s written request, allow material to remain in place with an
appropriate price reduction that may range from a designated percentage reduction
to no payment.
Lots for which at least three samples have been obtained, and all of the test results meet
one of the appropriate criteria listed below, will receive at least a 1.00 Composite Pay
Factor:
1. All test results are within the allowable limits specified for the item, or
2. All test results that only have a lower Specification limit are greater than or equal to
that limit, or
3. All test results that only have an upper Specification limit are less than or equal to
that limit.
Computation of the quality level in these instances will be for determining the amount of
a bonus that might be warranted.
Lots represented by less than three samples or unsampled lots will be exempt from
statistical based acceptance.
1-06.2(2)C Removed and Rejected Materials
The Contractor may, prior to sampling, elect to remove defective materials and replace
them with new material at no expense to the Contracting Agency. Any such new material
will be sampled, tested, and evaluated for acceptance as a part of the sublot in accordance
with this statistical sampling and testing procedure.
The Engineer may reject a sublot that tests show to be defective. Such rejected material
shall not be used in the Work, and the results of tests run on the rejected material will not
be included in the original lot acceptance tests.
1-06.2(2)D Quality Level Analysis
1-06.2(2)D1 General
The quality level calculations for HMA and other materials are completed using the
formulas in Section 1-06.2(2)D4. For HMA, the definition of the “x” value used in the
calculations and the definition of the upper and lower specification limit are in Section
1-06.2(2)D2. For other materials, the definition of the “x” value used in the calculations
and the definition of the upper and lower specification limit are in Section 1-06.2(2)D3. All
other terms and variables are the same for all calculations.
2023 Standard Specifications M 41-10 Page 1-59
Control of Material 1-06
1-06.2(2)D2 Hot Mix Asphalt
For HMA mixture:
x = difference between an individual test value and the job mix formula (JMF)
USL = maximum allowable limit in Section 9-03.8(7)
LSL = minimum allowable limit in Section 9-03.8(7)
For HMA compaction:
x = individual test value
LSL = the value specified in Section 5-04.3(10)C3
1-06.2(2)D3 Other Materials
x = individual test value
USL = upper specification limit
LSL = lower specification limit
1-06.2(2)D4 Quality Level Calculation
The procedures for determining the quality level and pay factors for a material are as
follows:
1. Determine the arithmetic mean, Xm, for each specified material constituent:
1-06.2(2)D4 Quality Level Calculation
X"=Σxn
S =nΣx (− Σx (n n −1 ,(
Q.=USL −X"S
Q1 =X"−LSLS CPF =f,PF,+f(PF(+⋯+f8 PF8Σf8i=1 to j
1-06.2(2)D5 Quality Level Calculation – HMA Compaction
X"=Σxn
S =nΣx (− Σx (n n −1 ,(
Q1 =X"−LSLS
Where:
∑ = summation of x
n = total number test values
2. Compute the sample standard deviation, “S”, for each constituent:
1-06.2(2)D4 Quality Level Calculation
X"=Σxn
S =nΣx (− Σx (n n −1 ,(
Q.=USL −X"S
Q1 =X"−LSLS CPF =f,PF,+f(PF(+⋯+f8 PF8Σf8i=1 to j
1-06.2(2)D5 Quality Level Calculation – HMA Compaction
X"=Σxn
S =nΣx (− Σx (n n −1 ,(
Q1 =X"−LSLS
Where:
1-06.2(2)D4 Quality Level Calculation
X "=Σxn
S =nΣx(− Σx (n n −1 ,(
Q.=USL −X"S
Q1 =X"−LSLS CPF =f,PF,+f(PF(+⋯+f8 PF8Σf8i=1 to j
1-06.2(2)D5 Quality Level Calculation – HMA Compaction
X "=Σxn
S =nΣx(− Σx (n n −1 ,(
Q1 =X"−LSLS
= summation of the squares of individual test values
1-06.2(2)D4 Quality Level Calculation
X"=Σxn
S =nΣx (− Σx (n n −1 ,(
Q.=USL −X"S
Q1 =X"−LSLS CPF =f,PF,+f(PF(+⋯+f8 PF8Σf8i=1 to j
1-06.2(2)D5 Quality Level Calculation – HMA Compaction
X"=Σxn
S =nΣx (− Σx (n n −1 ,(
Q1 =X"−LSLS
= summation of the individual test values squared
3. Compute the upper quality index, (QU), for each constituent:
1-06.2(2)D4 Quality Level Calculation
X"=Σxn
S =nΣx (− Σx (n n −1 ,(
Q.=USL −X"S
Q1 =X"−LSLS CPF =f,PF,+f(PF(+⋯+f8 PF8Σf8i=1 to j
1-06.2(2)D5 Quality Level Calculation – HMA Compaction
X"=Σxn
S =nΣx (− Σx (n n −1 ,(
Q1 =X"−LSLS
4. Compute the lower quality index, (QL), for each constituent:
1-06.2(2)D4 Quality Level Calculation
X"=Σxn
S =nΣx (− Σx (n n −1 ,(
Q.=USL −X"S
Q1 =X"−LSLS CPF =f,PF,+f(PF(+⋯+f8 PF8Σf8i=1 to j
1-06.2(2)D5 Quality Level Calculation – HMA Compaction
X"=Σxn
S =nΣx (− Σx (n n −1 ,(
Q1 =X"−LSLS
5. For each constituent determine PU (the percent within the upper Specification limit
which corresponds to a given QU) from Table 1. If USL is 100.00 percent or is not
specified, PU will be 100. For negative values of QU, PU (e.g., N = 15 and QU = -0.5
will result in PU = 30) is equal to 100 minus the table PU. If the value of QU does not
correspond exactly to a figure in the table, use the next higher value.
6. For each constituent determine PL (the percent within the lower Specification limit
which corresponds to a given QL) from Table 1. If LSL is zero or not specified, PL will
be 100. For negative values of QL, PL is equal to 100 minus the table PL. If the value of
QL does not correspond exactly to a figure in the table, use the next higher value.
Page 1-60 2023 Standard Specifications M 41-10
1-06 Control of Material
7. For each constituent determine the quality level (the total percent within Specification
limits):
Quality Level = (PU + PL) – 100
8. Using the quality level from step 7, determine the pay factor (PFi) from Table 2 for
each constituent tested.
9. Determine the Composite Pay Factor (CPF) for each lot.
1-06.2(2)D4 Quality Level Calculation X"=Σxn S =nΣx (− Σx (n n −1 ,(
Q .=USL −X "S
Q 1 =X "−LSLS CPF =f,PF,+f(PF(+⋯+f8 PF8Σf8i=1 to j
1-06.2(2)D5 Quality Level Calculation – HMA Compaction
X"=Σxn
S =nΣx (− Σx (n n −1 ,(
Q 1 =X "−LSLS
1-06.2(2)D4 Quality Level Calculation X"=Σxn S =nΣx (− Σx (n n −1 ,(
Q .=USL −X "S
Q 1 =X "−LSLS CPF =f,PF,+f(PF(+⋯+f8 PF8Σf8i=1 to j
1-06.2(2)D5 Quality Level Calculation – HMA Compaction
X"=Σxn
S =nΣx (− Σx (n n −1 ,(
Q 1 =X "−LSLS
Where:
fi = price adjustment factor listed in these Specifications for the
applicable material
j = number of constituents being evaluated
1-06.3 Manufacturer’s Certificate of Compliance
When authorized by these Specifications or the Special Provisions and prior to use, the
Engineer may accept certain materials on the basis of a Manufacturer’s Certificate of
Compliance as an alternative to material inspection and testing.
The Contractor may request, in writing, authority from the Engineer to install such
materials prior to submitting the required certification; however, no payment will be made
for the Work in the absence of an acceptable Manufacturer’s Certificate of Compliance.
The Contracting Agency reserves the right to deny the request for good cause. If for
any reason the Contractor has not provided an acceptable Manufacturer’s Certificate
of Compliance by the Physical Completion Date established by Section 1-08.5, the
Contracting Agency will assess the usefulness of the installed material. At the Engineer’s
discretion, the Contracting Agency will either require replacement of the material by the
Contractor at no expense to the Contracting Agency or process the final payment as
provided by Section 1-09.9 without paying for the materials or any portion of the Work
performed to install the materials provided on such a basis. The unit Contract prices for
the Work shall be used to determine the amount to be withheld. Where unit Contract
prices do not exist, as in a lump sum item, the amount to be withheld shall be an equitable
adjustment, covering labor, equipment and materials, determined in accordance with
Section 1-09.4.
The Manufacturer’s Certificate of Compliance must identify the manufacturer, the type
and quantity of material being certified, the applicable Specifications being affirmed,
and the signature of a responsible corporate official of the manufacturer and include
supporting mill tests or documents. A Manufacturer’s Certificate of Compliance shall be
furnished with each lot of material delivered to the Work and the lot so certified shall be
clearly identified in the certificate.
All materials used on the basis of a Manufacturer’s Certificate of Compliance may be
sampled and tested at any time. Materials not conforming to the requirements will be
subject to rejection whether in place or not. The Contracting Agency reserves the right to
refuse to accept materials on the basis of a Manufacturer’s Certificate of Compliance.
1-06.4 Handling and Storing Materials
In storage and handling, the Contractor shall protect materials against damage from
careless handling, from exposure to weather, from mixture with foreign matter, and from
all other causes. The Engineer will reject and refuse to test materials improperly handled
or stored.
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Control of Material 1-06
The Contractor shall repair, replace, or make good all Contracting Agency-provided
materials that are damaged or lost due to the Contractor’s operation or while in the
Contractor’s possession, at no expense to the Contracting Agency.
1-06.5 Owners Manuals and Operating Instructions
For equipment and materials that are permanently incorporated in the Work, the
Contractor shall provide to the Engineer all owners manuals and operating instructions
furnished by the equipment or material manufacturer.
1-06.6 Recycled Materials
The Contractor shall make their best effort to utilize recycled materials in the construction
of the project; the use of recycled concrete aggregate as specified in Section 1-06.6(1)A is
a requirement of the Contract.
The Contractor shall submit a Recycled Material Utilization Plan on WSDOT Form
350-075A within 30 calendar days after the Contract is executed. The plan shall provide
the Contractor’s anticipated usage of recycled concrete aggregates for meeting the
requirements of these Specifications. The quantity of recycled concrete aggregate will
be provided in tons and as a percentage of the Plan quantity for eligible material listed
in Section 9-03.21(1)E Table on Maximum Allowable percent (By Weight) of Recycled
Material. When a Contract does not include Work that requires the use of a material that
is included in the requirements for using materials the Contractor may state in their plan
that no recycled materials are proposed for use.
Within 30 calendar days after Physical Completion the Contractor shall report the
quantity of recycled concrete aggregates that were utilized in the construction of the
project for each eligible item listed in Section 9-03.21(1)E. The Contractor’s report shall be
provided on WSDOT Form 350-075A, Recycled Concrete Aggregate Reporting.
1-06.6(1) Recycling of Aggregate and Concrete Materials
1-06.6(1)A General
The minimum quantity of recycled concrete aggregate shall be 25 percent of the total
quantity of aggregate that is incorporated into the Contract for those items listed in
Section 9-03.21(1)E Table on Maximum Allowable percent (By Weight) of Recycled
Material that allow the use of recycled concrete aggregate. The percentage of recycled
material incorporated into the project for meeting the required percentage will be
calculated in tons based on the quantity of recycled concrete used on the entire Contract
and not as individual items.
If the Contractor’s total cost for Work with recycled concrete aggregate is greater than
without the Contractor may choose to not use recycled concrete aggregate. If the
Recycled Material Utilization Plan does not indicate the minimum usage of recycled
concrete aggregate required above, or if completed project quantities do not meet the
minimum usage required, the Contractor shall develop the following:
1. A cost estimate for each material listed in Section 9-03.21(1)E that is utilized on the
Contract. The cost estimate shall include the following:
a. The estimated costs for the Work for each material with 25 percent recycled
concrete aggregate. The cost estimate shall include for each material a
documented price quote from the supplier with the lowest total cost for
the Work.
b. The estimated costs for the Work for each material without recycled
concrete aggregate.
The Contractor’s cost estimates shall be submitted as an attachment to the Recycled
Material Utilization Plan, or with the Reporting form.
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1-07 Legal Relations and Responsibilities to the Public
1-07.1 Laws to be Observed
1-07.1(1) General
The Contractor shall always comply with all Federal, State, tribal, or local laws, ordinances,
and regulations that affect Work under the Contract. The Contractor shall indemnify,
defend, and save harmless the State (including the Governor, Commission, Secretary, and
agents, officers, and employees) against claims that may arise because the Contractor
(or employees of the Contractor, subcontractors or material persons) violated a legal
requirement.
Without usurping the authority of other agencies, the Contracting Agency will cooperate
with them in their efforts to enforce legal requirements. Upon awareness of a violation
of a legal requirement, the Engineer will notify the Contractor in an effort to achieve
compliance. The Engineer may also notify the agency responsible for enforcement if the
Engineer deems that action is necessary to achieve compliance with legal requirements.
The Engineer will also assist the enforcement agency to obtain Contractor compliance to
the extent such assistance is consistent with the provisions of the Contract.
1-07.1(2) Health and Safety
The Contractor shall be responsible for the safety of all workers and shall comply with
all appropriate state safety and health standards, codes, rules, and regulations, including,
but not limited to, those promulgated under the Washington Industry Safety and Health
Act RCW 49.17 (WISHA) and as set forth in Title 296 WAC (Department of Labor and
Industries). In particular the Contractor’s attention is drawn to the requirements of
WAC 296.800 which requires employers to provide a safe workplace. More specifically
WAC 296.800.11025 prohibits alcohol and narcotics from the workplace. The Contractor
shall likewise be obligated to comply with all federal safety and health standards,
codes, rules, and regulations that may be applicable to the Contract Work. A copy of all
safety plans (e.g., fall protection work plan) that are developed by the Contractor shall
be submitted to the Engineer as a Type 1 Working Drawing. When requested by the
Engineer, the Contractor shall provide training to Contracting Agency employees working
on-site for any activity covered by a safety plan. Costs for training that is provided solely
to Contracting Agency employees will be paid to the Contractor in accordance with
Section 1-09.4.
1-07.1(3) Mine Safety
U.S. Mine Safety and Health Administration rules apply when the project includes pit or
quarry operations. Among other actions, these regulations require the Contractor to notify
the nearest Mine Safety and Health sub district office (1) of the project before it begins,
(2) of the starting date, and (3) of the Physical Completion Date.
1-07.1(4) Wells
When wells are included in the contract or encountered as part of the Work, the
Contractor shall meet all the requirements in WAC 173-160 Minimum Standards
for Construction and Maintenance of Wells and all environmental considerations for
installing, protecting in place, decommissioning, or abandonment of wells.
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1-07.1(5) Changes to Laws to be Observed
1-07.1(5)A General
The Contracting Agency will not adjust payment to compensate the Contractor for
changes in legal requirements unless those changes are specifically within the scope
of RCW 39.04.120. For changes under RCW 39.04.120, the Contracting Agency will
compensate the Contractor by negotiated change order as provided in Section 1-04.4.
1-07.1(5)B Taxes
Under certain conditions, the Contracting Agency will adjust payment to compensate
for tax changes. First, the changes shall involve federal or state taxes on materials or
fuel used in or consumed for the project. Second, the changes shall increase or decrease
Contractor-paid taxes by more than $500. For items in the original Contract, the tax
change must occur after the Bid opening date. For negotiated Contracts or items in a
supplemental agreement, the tax change must take place after the execution date of
the Contract or agreement. Within these conditions, the Contracting Agency will adjust
compensation by the actual dollar amounts of increase or decrease caused by the tax
changes. If the Engineer requests it, the Contractor shall certify in writing that the
Contract price does not include any extra amount to cover a possible change in taxes.
The Contracting Agency may audit the records of the Contractor as provided in Section
1-09.12, to verify claims for compensation because of changes in laws or taxes.
1-07.2 State Taxes
The Washington State Department of Revenue has issued special rules on the state sales
tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The Contracting
Agency will not adjust its payment if the Contractor bases a Bid on a misunderstood
tax liability.
The Contracting Agency may deduct from its payments to the Contractor, retainage or lien
the bond, in the amount the Contractor owes the State Department of Revenue, whether
the amount owed relates to the Contract in question or not. Amounts so deducted will
be paid into the proper State fund on the contractor’s behalf. For additional information
on tax rates and application refer to applicable RCWs, WACs or the Department of
Revenue website.
1-07.2(1) State Sales Tax: WAC 458-20-171 – Use Tax
For Work designated as Rule 171, Use Tax, the Contractor shall include for compensation
the amount of taxes paid in the various unit Bid prices or other Contract amounts.
Typically, these taxes are collected on materials incorporated into the project and items
such as the purchase or rental of; tools, machinery, equipment, or consumable supplies
not integrated into the project.
The Summary of Quantities in the Contract Plans identifies those parts of the project that
are subject to Use Tax under Section 1-07.2(1).
1-07.2(2) State Sales Tax: WAC 458-20-170 – Retail Sales Tax
For Work designated as Rule 170, Retail Sales Tax, the Contractor shall collect from the
Contracting Agency, Retail Sales Tax on the full Contract price. The Contracting Agency
will automatically add this Retail Sales Tax to each payment to the Contractor and for this
reason; the Contractor shall not include the Retail Sales Tax in the unit Bid prices or in any
other Contract amount. The Contractor (Prime or subcontractor) shall include sales or use
tax on the purchase or rental of tools, machinery, equipment, or consumable supplies not
integrated into the project, in the unit bid prices.
The Summary of Quantities in the Contract Plans identifies those parts of the project that
are subject to Retail Sales Tax under Section 1-07.2(2).
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1-07 Legal Relations and Responsibilities to the Public
1-07.2(3) Services
Contracts wholly for professional or other applicable services are generally not subject to
Retail Sales Tax and therefore, the Contractor shall not collect Retail Sales Tax from the
Contracting Agency on those Contracts. All incidental taxes paid as part of providing the
services shall be included in the payments under the Contract.
1-07.3 Fire Prevention and Merchantable Timber Requirements
1-07.3(1) Fire Prevention Control and Countermeasures Plan
The Contractor shall prepare and implement a project-specific fire prevention,
control, and countermeasures plan (FPCC Plan) for the duration of the project. The
Contractor shall submit a Type 2 Working Drawing no later than the date of the
preconstruction conference.
1-07.3(1)A FPCC Implementation Requirements
The Contractor’s FPCC Plan shall be fully implemented at all times. The Contractor shall
update the FPCC Plan throughout project construction so that the plan reflects actual site
conditions and practices. The Contractor shall update the FPCC Plan at least annually and
maintain a copy of the updated FPCC Plan that is available for inspection on the project
site. Revisions to the FPCC Plan and the Industrial Fire Precaution Level (IFPL) shall be
discussed at the weekly project safety meetings.
1-07.3(1)A1 FPCC Plan Element Requirements
The FPCC Plan shall include the following:
1. The names, titles, and contact information for the personnel responsible for
implementing and updating the plan.
2. The names and telephone numbers of the Federal, State, and local agencies the
Contractor shall notify in the event of a fire.
3. All potential fire causing activities such as welding, cutting of metal, blasting, fueling
operations, etc.
4. The location of fire extinguishers, water, shovels, and other firefighting equipment.
5. The response procedures the Contractor shall follow in the event of a fire.
Most of Washington State is covered under the IFPL system which, by law, is managed by
the Department of Natural Resources (DNR). In some cases jurisdiction is transferred to
the United States Forest Service (USFS) or to the local fire authority. It is the Contractor’s
responsibility to be familiar with the IFPL requirements and to verify whether or not IFPL
applies to the specific project.
If the Contractor wishes to continue a work activity that is prohibited under an industrial
fire precaution level, the Contractor shall obtain a waiver from the fire authority
with jurisdiction and provide a copy to the Engineer prior to continuation of work on
the project.
If the IFPL requirements prohibit the Contractor from performing Work the Contractor
may be eligible for an unworkable day in accordance with Section 1-08.5.
The Contractor shall comply with the requirements of these provisions at no additional
cost to the Contracting Agency.
1-07.3(1)A2 Forest Fire Prevention
When the Work is in or next to State or Federal forests, the Contractor shall know
and observe all laws and rules (State or Federal) on fire prevention and sanitation.
The Contractor shall ask the local forest supervisor or regional manager to outline
requirements for permits, sanitation, firefighting equipment, and burning.
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The Contractor shall take precautions to prevent and suppress forest fires. In case of
forest fire, the Contractor shall immediately notify the nearest forest headquarters of
its exact site and shall make every effort to suppress it. If needed, the Contractor shall
require its employees and those of all subcontractors to work under forest officials in
fire-control efforts.
1-07.3(2) Merchantable Timber Requirements
When merchantable timber is to be cut, the Contractor shall obtain a permit from the
appropriate regional office of the State Department of Natural Resources and comply fully
with the State Forest Practices Act.
No person may export from the United States, or sell, trade, exchange, or otherwise
convey to any other person for the purpose of export from the United States, timber
originating from the project.
The Contractor shall comply with the Forest Resources Conservation and Shortage Relief
Amendments Act of 1993 (Public Law 103-45) and the Washington State Log Export
Regulations (WAC 240-15).
1-07.4 Sanitation
1-07.4(1) General
The Contractor shall provide employees with all accommodations required by the State
Department of Health and other agencies. These accommodations shall be kept clean,
neat, and sanitized, and shall not create any public nuisance. The Contractor shall keep
all campsites clean, properly dispose of all refuse, and leave each site in a neat and
sanitary condition.
1-07.4(2) Health Hazards
Biological hazards and associated physical hazards may be present in the worksite. The
Contractor shall take precautions and perform all necessary Work to provide and maintain
a safe and healthful worksite in accordance with applicable laws. Payment for Work
necessary to provide and maintain a safe worksite will be incidental to associated items of
Contract Work unless the Contract includes provisions to the contrary.
1-07.5 Environmental Regulations
1-07.5(1) General
No Work shall occur within areas under the jurisdiction of resource agencies unless
authorized in the Contract. Some, though not all, of these rules are summarized below.
Any of these agencies may, without prejudice to the Contracting Agency, add rules as
needed to protect game, fish, or the environment.
The Contractor shall be responsible to immediately report to the Engineer deviations
from the contract provisions pertaining to environmental compliance, including but not
limited to spills, unauthorized fill in waters of the State including wetlands, water quality
standards, noise, air quality, etc.
1-07.5(2) State Department of Fish and Wildlife
In doing the Work, the Contractor shall:
1. Not degrade water in a way that would harm fish, wildlife, or their habitat.
2. Not place materials below or remove them from the ordinary high water line except as
may be specified in the Contract.
3. Not allow equipment to enter waters of the State except as specified in the Contract.
4. Revegetate in accordance with the Plans, unless the Special Provisions permit
otherwise.
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1-07 Legal Relations and Responsibilities to the Public
5. Prevent fish-threatening silt buildup on the bed or bottom of any body of water.
6. Ensure continuous stream flow downstream of the Work area.
7. Dispose of all project debris by removal, burning, or placement above high-water
flows.
8. Immediately notify the Engineer and stop all work causing impacts, if at any time, as a
result of project activities, fish are observed in distress or a fish kill occurs.
1-07.5(3) State Department of Ecology
In doing the Work, the Contractor shall:
1. Comply with Washington State Water Quality Standards.
2. Perform Work in such a manner that all materials and substances not specifically
identified in the Contract documents to be placed in the water do not enter waters
of the State, including wetlands. These include, but are not limited to, petroleum
products, hydraulic fluid, fresh concrete, concrete wastewater, process wastewater,
slurry materials and waste from shaft drilling, sediments, sediment-laden water,
chemicals, paint, solvents, or other toxic or deleterious materials.
3. Use equipment that is free of external petroleum-based products.
4. Remove accumulations of soil and debris from drive mechanisms (wheels, tracks, tires)
and undercarriage of equipment prior to using equipment below the ordinary high
water line.
5. Clean loose dirt and debris from all materials placed below the ordinary high water
line. No materials shall be placed below the ordinary high water line without the
Engineer’s approval.
6. When a violation of the Construction Stormwater General Permit (CSWGP) occurs,
immediately notify the Engineer and fill out WSDOT Form 422-011, Contractor ECAP
Report, and submit the form to the Engineer within 48 hours of the violation.
7. Once Physical Completion has been given, prepare a Notice of Termination (Ecology
Form ECY 020-87) and submit the Notice of Termination electronically to the
Engineer in a PDF format a minimum of 7 calendar days prior to submitting the Notice
of Termination to Ecology.
8. Transfer the CSWGP coverage to the Contracting Agency when Physical Completion
has been given and the Engineer has determined that the project site is not stabilized
from erosion.
9. Submit copies of all correspondence with Ecology electronically to the Engineer in a
PDF format within four calendar days.
10. Comply with WAC 173-160 Minimum Standards for Construction and Maintenance
of Wells.
1-07.5(4) Air Quality
1-07.5(4)A General
The Contractor shall comply with all regional clean air authority and/or State Department
of Ecology rules and regulations.
The air quality permit process may include additional State Environment Policy Act (SEPA)
requirements. Contractors shall contact the appropriate regional air pollution control
authority well in advance of beginning Work.
Requirements included in Federal regulations regarding air quality that applies to the
“owner or operator” shall be the responsibility of the Contractor.
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1-07.5(4)B Fugitive Dust
The Contractor shall base fugitive dust control on Best Management Practices (BMPs) set
forth in the Associated General Contractors of Washington Education Foundation and
Fugitive Dust Task Force Pamphlet, “Guide To Handling Fugitive Dust From Construction
Projects”.
1-07.5(4)C Asbestos Containing Material
When the Work includes demolition or renovation of existing facilities or structures that
contains Asbestos Containing Material (ACM) and/or Presumed Asbestos-Containing
Material (PACM), the Contractor shall comply with the National Emission Standards for
Hazardous Air Pollutants (NESHAP).
1-07.5(5) U.S. Army Corps of Engineers
When temporary fills are permitted, the Contractor shall remove fills in their entirety and
the affected areas returned to pre-construction elevations.
If a U.S. Army Corps of Engineers permit is noted in Section 1-07.6 of the Special
Provisions, the Contractor shall retain a copy of the permit or the verification letter (in the
case of a Nationwide Permit) on the worksite for the life of the Contract. The Contractor
shall provide copies of the permit or verification letter to all subcontractors involved with
the authorized Work prior to their commencement of Work in waters of the U.S.
1-07.5(6) U.S. Fish and Wildlife Service and National Marine Fisheries Service
The Contracting Agency will provide fish exclusion and handling services if the Work
dictates. However, if the Contractor discovers any fish stranded by the project and a
Contracting Agency biologist is not available, they shall immediately release the fish into
a flowing stream or open water.
1-07.5(7) U.S. Environmental Protection Agency
1-07.5(7)A Waste Manifests
If waste manifests are necessary, they shall be submitted using the EPA’s e-Manifest
system. The Hybrid Manifest method shall not be used. If a paper copy of the manifest is
necessary while in transit, the Contractor shall use one of the paper manifest processes
such as Data+Image, Scanned Image, or mailed paper. More information on e-Manifest
is available at the EPA’s website at: https://www.epa.gov/e-manifest/how-submit-
hazardous-waste-manifest.
1-07.6 Permits and Licenses
Contractors shall obtain all required permits and licenses and give all required notices.
The Contracting Agency will support the Contractor in efforts to obtain a temporary
operating permit in its name if:
1. A local rule or an agency policy prevent issuing the permit to a private firm;
2. The Contractor takes all action to obtain the permit;
3. The permit will serve the public interest;
4. The permit applies only to Work under the Contract;
5. The Contractor agrees in writing: (a) to comply with all the issuing agency requires,
and (b) to hold the Contracting Agency harmless for all Work-related liability incurred
under the permit; and
6. The permit costs the Contracting Agency nothing.
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1-07.7 Load Limits
1-07.7(1) General
While moving equipment or materials on public Highways, the Contractor shall
comply with all laws that control traffic or limit loads. The Contract neither exempts
the Contractor from such laws nor licenses overloads. At the Engineer’s request, the
Contractor shall provide the equipment or load data needed to compute the equipment’s
weight on the Roadway.
All Contractor movement or storage of materials or equipment within the project limits
(as shown in the Plans):
1. Legal load limits shall apply on all roads open to and in use by public traffic.
2. Legal load limits shall apply on existing roads not scheduled for major reconstruction
under the current Contract.
3. The Contractor may haul overloads (not more than 25 percent above load limits)
on newly paved roads (with final lift in place) built under this Contract not open to
public traffic if this does not damage completed Work.
4. When moving vehicles or operating equipment on or over structures design for
direct bearing of live load, buried structures, culverts, pipes, or retaining walls
within the project limits, the Contractor shall meet the load-limit restrictions in
Section 1-07.7(2).
5. When storing material on a Structure or retaining wall, the Contractor shall meet the
load-limit restrictions in Section 1-07.7(2). These requirements are not intended for
long term storage of material.
6. The Contractor shall remain responsible for and pay all repair costs due to loads that
caused damage on newly paved roads, new and existing Structures, culverts, pipes
and retaining walls.
Unit prices shall cover all costs for operating vehicles or storing materials on or
over structures, culverts, pipes, and retaining walls. Nothing in this section affects
the Contractor’s other responsibilities under these Specifications or under public
Highway laws.
Bridges that are under construction shall meet the load restrictions in Section 6-01.6.
1-07.7(2) Load-Limit Restrictions
At the request of the Engineer, the Contractor shall provide supporting documentation
of vehicle, equipment or material loads, axle or support dimensions and any additional
information used to determine the loads.
1. Structures Designed for Direct Bearing of Live Loads
The gross vehicle weight or maximum load on each axle shall not exceed the legal
load limit nor any posted weight limit on a Structure.
Construction equipment that is not considered a legal vehicle licensed for legal travel
on the public Highway, including but not limited to track or steel wheeled vehicles,
may operate on a Structure. Gross equipment weight, axle spacing, equipment
spacing, and other attributes identified in the Plans shall not be exceeded. When
loads are not identified in the Plans, the construction equipment shall not exceed the
following load restrictions:
a. The gross vehicle weight or maximum load on each axle shall not exceed the legal
load limit, axle spacing nor posted weight limits on a Structure.
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b. A tracked vehicle with a maximum gross vehicle weight of 40,000 pounds and
track contact length no less than 8 feet. The maximum gross vehicle weight may
increase by 2,000 pounds for each one foot of track contact length over 8 feet,
but shall not exceed 80,000 pounds.
c. A tracked vehicle with a maximum gross vehicle weight of 20,000 pounds and
track contact length less than 8 feet.
d. No single axle shall exceed 20,000 pounds.
e. No more than one vehicle shall operate over any Structure at one time.
Track contact length shall be measured once for two or more parallel tracks.
The Contractor shall not store construction materials on timber Structures or
Structures posted for weight limits. When a structure within the project limits is not
posted for weight limits and there is no other reasonable storage space within the
project limits, the Contractor may store construction material on the Structure and
shall not exceed the maximum uniformly distributed load and distribution length
along the structure per the following table:
Maximum Uniform Load (psf)
Maximum Distributed
Length Along Structure
Structure Width (curb-to-curb)
24 feet or less greater than 24 feet
15 ft 250 160
40 ft 125 80
80 ft 75 50
Full Structure Length 50 35
The load restrictions for storing material or operating equipment shall not be
combined and shall apply to the full structure length. Materials that are stored in
two or more locations on the same structure shall use the total combined length
to determine the maximum load restriction. Vehicle traffic and the Contractor’s
equipment may operate in the adjacent lanes to the stored materials and shall not be
allowed on the structure width that is occupied by the stored materials. Contractor’s
equipment that is used to deliver or remove stored material with the same structure
width shall be considered in combination with all stored materials. This equipment
shall be assumed to be uniformly distributed over the largest axle spacing and average
axle width.
The Contractor shall immediately remove all dirt, rock, or debris that may gather
on the Structure’s roadway surface.
2. Buried Structures
Buried Structures shall include reinforced concrete three sided structures, box
culverts, split box culverts, structural plate pipe, pipe arch, and underpasses.
Loads shall not exceed 24,000 pounds on a single axle and 16,000 pounds each
on tandem axles spaced less than 10 feet apart. These limits are permitted only
if the embankment has: (a) been built to Specifications, and (b) reached at least 3 feet
above the top of the buried structure.
When the embankment has reached 5 feet above the top of the buried structure,
the Contractor may increase per-axle loads up to 100,000 pounds if outside wheel
spacing is at least 7 feet on axle centers.
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3. Pipe Culverts and Sewer Pipes
Pipe culverts and sewer pipes shall include pipe for drainage, storm sewers, and
sanitary sewers.
Loads over pipe culverts and sewer pipes shall not exceed 24,000 pounds on a single
axle and 16,000 pounds each on tandem axles spaced less than 10 feet apart. These
limits are permitted only if: (a) the culvert or pipe has been installed and backfilled to
Specifications, and (b) the embankment has reached at least 2 feet above the top limit
of pipe compaction.
When the embankment has reached 5 feet above the top limit of pipe compaction,
the Contractor may increase per-axle loads up to 100,000 pounds if outside wheel
spacing is at least 7 feet on axle centers, except that:
a. For Class III reinforced concrete pipes, the embankment shall have risen above
the top limit of compaction at least 6 feet.
b. For Class II reinforced concrete pipes, the maximum load for each axle shall be
80,000 pounds if outside wheel spacing is at least 7 feet on axle centers. In this
case, the embankment shall have risen above the top limit of compaction at least
6 feet.
4. Retaining Walls
Loads above existing and completed retaining walls designed for vehicular loads,
where any part of the load is located within half the retaining wall height, shall not
exceed the following load restrictions:
a. The gross vehicle weight or maximum load on each axle shall not exceed the legal
load limit.
b. Construction equipment and material shall not exceed 250 pounds per
square foot.
If necessary and safe to do so, the Engineer may allow higher loads than those allowed
under these load-limit restrictions. For loads on or over structures designed for direct
bearing of live load, the Contractor shall submit Type 3E Working Drawings consisting
of calculations and other supporting information in accordance with the requirements of
Section 6-01.6. For loads on or over pipes, culverts, buried structures, and retaining walls
the Contractor shall submit Type 2E Working Drawings. All submittals shall contain the
following information: a description of the loading details; arrangement, movement and
position of all vehicles, equipment and materials on the Structure, culvert or pipe; and
statement that the Contractor assumes all risk for damage.
1-07.8 High-Visibility Apparel
The Contractor shall require all personnel including service providers, subcontractors or
material persons that are on foot in the work zone and are exposed to vehicle traffic or
construction equipment to wear the high-visibility apparel described in this section.
The Contractor shall ensure that a competent person as identified in the MUTCD selects
the appropriate high-visibility apparel suitable for the jobsite conditions.
High-visibility garments shall always be the outermost garments.
High-visibility garments shall be labeled as, and in a condition compliant with the ANSI/
ISEA 107-2015 (or later version) and shall be used in accordance with manufacturer
recommendations.
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1-07.8(1) Traffic Control Personnel
All personnel performing the Work described in Section 1-10 (including traffic control
supervisors, flaggers, and others performing traffic control labor of any kind) shall comply
with the following:
1. During daylight hours with clear visibility, workers shall wear a high-visibility ANSI/
ISEA 107 Type R Class 2 or 3 vest or jacket, and hardhat meeting the high-visibility
headwear requirements of WAC 296-155-305; and
2. During hours of darkness (½ hour before sunset to ½ hour after sunrise) or other low-
visibility conditions (snow, fog, etc.), workers shall wear a high-visibility ANSI/ISEA
107 Type R Class 2 or 3 vest or jacket, high-visibility lower garment meeting ANSI/
ISEA 107 Class E, and hardhat meeting the high-visibility headwear requirements of
WAC 296-155-305.
1-07.8(2) Non-Traffic Control Personnel
All personnel, except those performing the Work described in Section 1-10, shall wear
high-visibility apparel meeting the ANSI/ISEA 107 Type R Class 2 or 3 standard.
1-07.9 Wages
1-07.9(1) General
This Contract is subject to the minimum wage requirements of RCW 39.12 and to
RCW 49.28 (as amended or supplemented). On Federal-aid projects, Federal wage laws
and rules also apply. The hourly minimum rates for wages and fringe benefits are listed
in the Contract Provisions. When Federal wage and fringe benefit rates are listed, the
rates match those identified by the U.S. Department of Labor’s “Decision Number” shown
in the Contract Provisions.
The Contractor, subcontractors, and all individuals or firms required by RCW 39.12, WAC
296-127, or the Federal Davis-Bacon and Related Acts (DBRA) to pay minimum prevailing
wages, shall not pay any worker less than the minimum hourly wage rates and fringe
benefits required by RCW 39.12 or the DBRA. Higher wages and benefits may be paid.
By including the hourly minimum rates for wages and fringe benefits in the Contract
Provisions, the Contracting Agency does not imply that the Contractor will find labor
available at those rates. The Contractor shall be responsible for amounts above the
minimums that will have to be paid.
When the project is subject to both State and Federal hourly minimum rates for wages
and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor
shall not pay less than the higher rate unless the State rates are specifically preempted by
Federal law. When the project involves highway Work, heavy Work, and building Work,
the Contract Provisions may list a Federal wage and fringe benefit rate for the highway
Work, and a separate Federal wage and fringe benefit rate for both heavy Work and
building Work. The area in which the worker is physically employed shall determine which
Federal wage and fringe benefit rate shall be used to compare against the State wage and
fringe benefit rate.
If employing labor in a class not listed in the Contract Provisions on state funded projects
only, the Contractor shall request a determination of the correct wage and benefits rate
for that class and locality from the Industrial Statistician, Washington State Department
of Labor and Industries (State L&I), and provide a copy of those determinations to
the Engineer.
If employing labor in a class not listed in the Contract Provisions on federally funded
projects, the Contractor shall request a determination of the correct wage and benefit for
that class and locality from the U.S. Secretary of Labor through the Engineer. Generally,
the Contractor initiates the request by preparing standard form 1444 Request for
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Authorization of Additional Classification and Rate, available at www.gsa.gov/reference/
forms, and submitting it to the Engineer for further action.
The Contractor shall ensure that all firms (all Suppliers, Manufacturers, or Fabricators) that
fall under the provisions of RCW 39.12 because of the definition “Contractor” in WAC
296-127-010, complies with all the requirements of RCW 39.12.
The Contractor shall be responsible for compliance with the requirements of the DBRA
and RCW 39.12 by all firms (all subcontractors, Suppliers, Manufacturers, or Fabricators)
engaged in a part of the Work necessary to complete this Contract. Therefore, should
a violation of this Subsection occur by any firm that is providing Work or materials
for completion of this Contract whether directly or indirectly responsible to the
Contractor, the Contracting Agency will take action against the Contractor, as provided
by the provisions of the Contract, to achieve compliance, including but not limited to,
withholding payment on the Contract until compliance is achieved.
In the event the Contracting Agency has an error (omissions are not errors) in the listing
of the hourly minimum rates for wages and fringe benefits in the Contract Provisions,
the Contractor, subcontractors, or other firms that are required to pay prevailing wages,
shall be required to pay the rates as determined to be correct by State L&I (or by the U.S.
Department of Labor when that agency sets the rates). A change order will be prepared
to ensure that this occurs. The Contracting Agency will reimburse the Contractor for the
actual cost to pay the difference between the correct rates and the rates included in the
Contract Provisions, subject to the following conditions:
1. The affected firm relied upon the rates included in the Contract Provisions to prepare
its Bid and certifies that it did so;
2. The allowable amount of reimbursement will be the difference between the rates
listed and rates later determined to be correct plus only appropriate payroll markup
the employer must pay, such as, social security and other payments the employer
must make to the Federal or State Government;
3. The allowable amount of reimbursement may also include some overhead cost, such
as, the cost for bond, insurance, and making supplemental payrolls and new checks to
the employees because of underpayment for previously performed Work; and
4. Profit will not be an allowable markup.
Firms that anticipated, when they prepared their Bids, paying a rate equal to, or higher
than, the correct rate as finally determined will not be eligible for reimbursement.
There are many work-ready pre-apprentices who are currently looking for work in
the highway construction trades all across the state of Washington. Contractors may
have apprenticeship utilization commitments as part of their business practices and
as part of their Contract. Contractors may be subject to hiring commitments such as
Equal Employment Opportunity, union commitments, and apprenticeship utilization
requirements on Contracts receiving Federal or State funds. As part of a Contractor’s
Good Faith Efforts, contacting the Office of Equal Opportunity’s On the Job Training
Support Services (OJT/SS) Program Coordinator is highly encouraged. The OJT/SS
Program Coordinator can connect Contractors with Washington State Apprenticeship
Training Council recognized Pre-Apprenticeship training providers throughout the state,
who give training to individuals in highway construction trades. These training providers
can identify work-ready individuals in the necessary trades. Contractors who have
been awarded WSDOT Contracts should be prepared to discuss their recruitment plans
and how coordination with the OJT/SS Program Coordinator will be incorporated into
that effort if needed. The Contractor may contact the OJT/SS Program Coordinator at
360-704-6314, or by email at ojtssinfo@wsdot.wa.gov.
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1-07.9(2) Posting Notices
Notices and posters shall be placed in areas readily accessible to read by employees.
The Contractor shall ensure the most current edition of the following are posted:
1. EEOC - P/E-1 – Equal Employment Opportunity IS THE LAW published by US
Department of Labor. Post for projects with federal-aid funding.
2. Mandatory Supplement to EEOC P/E-1 published by US Department of Labor. Post
for projects with federal-aid funding.
3. Pay Transparency Nondiscrimination Provision published by US Department of Labor.
Post for projects with federal-aid funding.
4. FHWA 1022 – NOTICE Federal-Aid Project published by Federal Highway
Administration (FHWA). Post for projects with federal-aid funding.
5. WH 1321 – Employee Rights Under the Davis-Bacon Act published by US
Department of Labor. Post for projects with federal-aid funding.
6. WHD 1088 – Employee Rights Under the Fair Labor Standards Act published by US
Department of Labor. Post on all projects.
7. WHD 1420 – Employee Rights and Responsibilities Under The Family And Medical
Leave Act published by US Department of Labor. Post on all projects.
8. WHD 1462 – Employee Polygraph Protection Act published by US Department of
Labor. Post on all projects.
9. F416-081-909 – Job Safety and Health Law published by Washington State
Department of Labor and Industries. Post on all projects.
10. F242-191-909 – Notice To Employees published by Washington State Department of
Labor and Industries. Post on all projects.
11. F700-074-000 – Your Rights as a Worker in Washington State by Washington State
Department of Labor and Industries (L&I). Post on all projects.
12. EMS 9874 – Unemployment Benefits published by Washington State Employment
Security Department. Post on all projects.
13. Post one copy of the approved “Statement of Intent to Pay Prevailing Wages” for
the Contractor, each subcontractor, and other firms (Suppliers, Manufacturers, or
Fabricators) that fall under the provisions of RCW 39.12 because of the definition of
“Contractor” in WAC 296-127-010.
14. Post one copy of the prevailing wage rates for the project.
1-07.9(3) Apprentices
When employing apprentices, the Contractor shall supply a link or electronic copy of each
approved Apprentice Program that shows the ratio of journey level to apprentice workers
and the hourly wage rate steps for each craft on a project.
Apprentice workers employed for whom an apprenticeship agreement has been registered
and approved with the state apprenticeship council must be paid prevailing hourly rate
for an apprentice of that trade. Workers not registered shall be considered to be a fully
qualified journey level worker and therefore paid at the prevailing hourly rate for journey
level workers of that trade in accordance with Section 1-07.9(1).
1-07.9(4) Wage Disputes
If labor and management cannot agree in a dispute over the proper prevailing wage rates,
the Contractor shall refer the matter to the Director of State L&I (or to the U.S. Secretary
of Labor when that agency sets the rates). The Director’s (or Secretary’s) decision shall be
final, conclusive, and binding on all parties.
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1-07.9(5) Required Documents
1-07.9(5)A General
All Statements of Intent to Pay Prevailing Wages, Affidavits of Wages Paid and Certified
Payrolls shall be submitted to the Engineer using the L&I online Prevailing Wage Intent &
Affidavit (PWIA) system.
1-07.9(5)B Intents and Affidavit
The Contractor shall submit via the PWIA system the following documents provided by
the Industrial Statistician of the Washington State Department of Labor and Industries
(State L&I) for themselves and for each firm covered under RCW 39.12 that will or has
provided Work and materials for the Contract:
1. The approved “Statement of Intent to Pay Prevailing Wages”. The Contracting
Agency will make no payment under this Contract for the Work performed until this
statement has been approved by State L&I and reviewed by the Engineer.
2. The approved “Affidavit of Prevailing Wages Paid”. The Contracting Agency will not
grant Completion until all approved Affidavit of Wages paid for the Contractor and
all subcontractors have been received by the Engineer. The Contracting Agency will
not release to the Contractor funds retained under RCW 60.28.011 until all of the
“Affidavit of Prevailing Wages Paid” forms have been approved by State L&I and all of
the approved forms have been submitted to the Engineer for every firm that worked
on the Contract.
The Contractor is responsible paying all fees required by State L&I.
1-07.9(5)C Certified Payrolls
Certified payrolls are required to be submitted by the Contractor for themselves and all
subcontractors. The payrolls shall be submitted weekly on all Federal-aid projects and no
less than monthly on State funded projects.
1-07.9(5)D Penalties for Noncompliance
The Contractor is advised, if payrolls or Affidavits of Prevailing Wages Paid are not
supplied, any or all payments may be withheld until compliance is achieved. In addition,
failure to provide Statement of Intents, Affidavit of Wages Paid, or payrolls may result in
other sanctions as provided by State laws (RCW 39.12.050) and/or Federal regulations (29
CFR 5.12).
1-07.9(6) Audits
The Contracting Agency may inspect or audit the Contractor’s wage and payroll records as
provided in Section 1-09.12.
1-07.10 Worker’s Benefits
The Contractor shall make all payments required for unemployment compensation under
Title 50 RCW and for industrial insurance and medical aid required under Title 51 RCW. If
payments required by Title 50 or Title 51 is not made when due, the Contracting Agency
may retain such payments from money due the Contractor and pay the same into the
appropriate fund. Such payment will be made only after giving the Contractor 15 days
prior written notice of the Contracting Agency’s intent to disburse the funds to the
Washington State Department of Labor and Industries or Washington State Employment
Security Department as applicable. The payment will be made upon expiration of the
15 calendar day period if no legal action has been commenced to resolve the validity
of the claim. If legal action is instituted to determine the validity of the claim prior to
the expiration of the 15-day period, the Contracting Agency will hold the funds until
determination of the action or written settlement agreement of the appropriate parties.
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For Work on or adjacent to water, the Contractor shall make the determination as to
whether workers are to be covered under the Longshoremen’s and Harbor Worker’s
Compensation Act administered by the U.S. Department of Labor, or the State Industrial
Insurance coverage administered by the Washington State Department of Labor
and Industries.
The Contractor shall include in the various items in the Bid Proposal all costs for payment
of unemployment compensation and for providing either or both of the insurance
coverages. The Contractor will not be entitled to additional payment for: (1) failure to
include such costs, or (2) determinations made by the U.S. Department of Labor or the
Washington State Department of Labor and Industries regarding the insurance coverage.
The Public Works Contract Division of the Washington State Department of Labor and
Industries will provide the Contractor with applicable industrial insurance and medical aid
classification and premium rates. After receipt of a Revenue Release from the Washington
State Department of Revenue, the Contracting Agency will verify through the Department
of Labor and Industries that the Contractor is current with respect to the payments of
industrial insurance and medical aid premiums.
1-07.11 Requirements for Nondiscrimination
1-07.11(1) Regulatory Authorities
1-07.11(1)A General Application
Discrimination in all phases of contracted employment, contracting activities and
training is prohibited by Title VI of the Civil Rights Act of 1964, Section 162(a) of the
Federal-Aid Highway Act of 1973, Section 504 of the Rehabilitation Act of 1973, the
Age Discrimination Act of 1975, the Justice System Improvement Act of 1979, the
American with Disabilities Act of 1990, the Civil Rights Restoration Act of 1987, 49 CFR
Part 21, RCW 49.60 and other related laws and statutes. The referenced legal citations
establish the minimum requirements for affirmative action efforts and define the basic
nondiscrimination provisions as required by this section of these Standard Specifications.
1-07.11(1)B Standard Title VI Statutory/Regulatory Authorities
References to the term “Acts and Regulations” within Section 1-07.11 will refer to the
following:
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
2. 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of
The Department Of Transportation-Effectuation Of Title VI of the Civil Rights Act Of
19640;
3. 28 C.F.R. section 50.3 (US Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964).
1-07.11(1)C Nondiscrimination Authorities
During the performance of this Contract, the Contractor, for itself, its assignees, and
successors in interest agrees to comply with the following nondiscrimination statues and
authorities; including but not limited to:
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin) and C.F.R. Part 21.
2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C §4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects).
3. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et. seq.), as amended, (prohibits
discrimination on the basis of sex).
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4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended
(prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27.
5. The Age of Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age).
6. Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex).
7. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age of
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition and terms “programs or activities” to include all of the
program or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not).
8. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. § 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38.
9. The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. § 47123),
(prohibits discrimination on the basis of race, color national origin, and sex).
10. Executive Order 12898 Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures nondiscrimination
against minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations.
11. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to-ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100).
12. Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 U.S.C.
1681 et seq.).
1-07.11(2) Contractual Requirements
1. The Contractor shall maintain a Work site that is free of harassment, humiliation, fear,
hostility and intimidation at all times. Behaviors that violate this requirement include
but are not limited to:
a. Persistent conduct that is offensive and unwelcome.
b. Conduct that is considered to be hazing.
c. Jokes about race, gender, or sexuality that are offensive.
d. Unwelcome, unwanted, rude or offensive conduct or advances of a sexual
nature which interferes with a person’s ability to perform their job or creates an
intimidating, hostile, or offensive work environment.
e. Language or conduct that is offensive, threatening, intimidating or hostile based
on race, gender, or sexual orientation.
f. Repeating rumors about individuals in the Work Site that are considered to be
harassing or harmful to the individual’s reputation.
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2. The Contractor shall not discriminate against any employee or applicant for
contracted employment because of race, religion, color, national origin, sex, age,
marital status, or the presence of any physical, sensory or mental disability.
3. The Contractor shall, in all solicitations or advertisements for employees, state that
all qualified applicants will be considered for employment, without regard to race,
religion, color, national origin, sex, age, marital status, or the presence of any physical,
sensory, or mental disability.
4. The Contractor shall insert the following notification in all solicitations for bids for
Work or material subject to the Acts and Regulations and made in connection with
all FHWA programs and, in adapted form in all proposals for negotiated agreements
regardless of funding source:
The Contractor in accordance with the provisions of Title VI of the Civil Rights Act
of 1964 (78 Stat. 252, 42 U.S. C § 2000d to 2000d-4) and the Regulations, hereby
notifies all bidders that it will affirmatively ensure that in any contract entered
into pursuant to this advertisement, disadvantaged business enterprises will be
afforded full and fair opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, or national origin in
consideration for an award.
5. The Contractor shall make decisions with regard to selection and retention of
subcontractors, procurement of materials and equipment and similar actions related
to the Contract without regard to race, religion, color, national origin, sex, age, marital
status, or the presence of any physical, sensory, or mental disability.
6. The Contractor shall send to each labor union, employment agency, or representative
of workers with which the Contractor has a collective bargaining agreement or other
contract or understanding, a notice advising the labor union, employment agency or
worker’s representative, of the Contractor’s commitments under this Contract with
regard to nondiscrimination.
7. The Contractor shall permit access to its books, records and accounts by the
Contracting Agency for the purpose of investigating to ascertain compliance with
these Specifications. In the event that information required of a Contractor is in the
possession of another who fails or refuses to furnish this information, the Contractor
shall describe, in writing, what efforts were made to obtain the information.
8. The Contractor shall maintain records with the name and address of each minority/
female worker referred to the Contractor and what action was taken with respect to
the referred worker.
9. The Contractor shall notify the Contracting Agency whenever the union with
which the Contractor has a collective bargaining agreement has impeded the
Contractor’s efforts to effect minority/female workforce utilization. This being the
case, the Contractor shall show what relief they have sought under such collective
bargaining agreements.
10. The Contractor is encouraged to participate in Contracting Agency and Washington
State Human Rights Commission approved program(s) designed to train craft-workers
for the construction trades.
1-07.11(2)A Equal Employment Opportunity (EEO) Responsibilities
Title VI Responsibilities
During the performance of this Contract, the Contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the “Contractor”) agrees as follows:
1. Compliance With Regulations – The Contractor (hereinafter includes consultants)
shall comply with the Regulations relative to nondiscrimination in federally assisted
programs of the U.S. Department of Transportation (hereinafter DOT), Federal
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Highway Administration (FHWA), as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this Contract.
2. Nondiscrimination – The Contractor, with regard to the Work performed by it during
the Contract, shall not discriminate on the grounds of race, color, or national origin in
the selection and retention of subcontractors, including procurement of materials and
leases of equipment. The Contractor shall not participate directly or indirectly in the
discrimination prohibited by Acts and Regulations, including employment practices
when the Contract covers any activity, project or program set forth in Appendix B of
49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment
– In all solicitations either by competitive bidding or negotiations made by the
Contractor for Work to be performed under a subcontract, including procurement of
materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the Contractor of the Contractor’s obligations under this Contract and the
Acts and Regulations relative to nondiscrimination on the ground of race, color, or
national origin.
4. Information and Reports – The Contractor shall provide all information and reports
required by the Acts and Regulations or directives issued pursuant thereto, and
shall permit access to its books, records, accounts, other sources of information,
and its facilities as may be determined by the Washington State Department of
Transportation or the Federal Highway Administration to be pertinent to ascertain
compliance with such Acts, Regulations and instructions. Where any information
required of a Contractor is in the exclusive possession of another who fails or refuses
to furnish this information, the Contractor shall so certify to the Washington State
Department of Transportation, or the Federal Highway Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance – In the event of the Contractor’s noncompliance with
the nondiscrimination provisions of this Contract, the Washington State Department
of Transportation shall impose such Contract sanctions as it or the Federal Highway
Administration may determine to be appropriate, including, but not limited to:
a. Withholding of payments to the Contractor under the Contract until the
Contractor complies, and/or;
b. Cancellation, termination, or suspension of the Contract, in whole or in part.
6. Incorporation of Provisions – The Contractor shall include the provisions of
paragraphs (1) through (6) in every subcontract, including procurement of materials
and leases of equipment, unless exempt by the Acts and Regulations, or directives
issued pursuant thereto. The Contractor shall take such action with respect to any
subcontractor or procurement as the Washington State Department of Transportation
or the Federal Highway Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance.
Provided, that if the Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier because of such direction, the Contractor
may request the Washington State Department of Transportation to enter into
any litigation to protect the interests of the Washington State Department of
Transportation. In addition, the Contractor may request the United States to enter
into such litigation to protect the interests of the United States.
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1-07.11(3) Equal Employment Opportunity Officer
The Contractor shall officially designate and make known to the Engineer during
the preconstruction conference and discussions the firm’s Equal Employment
Opportunity Officer (hereinafter referred to as the EEO Officer). The EEO Officer
will also be responsible for making him/herself known to each of the Contractor’s
employees. The EEO Officer must possess the responsibility, authority, and capability
for administering and promoting an active and effective Contractor program of equal
employment opportunity.
1-07.11(4) Dissemination of Policy
1-07.11(4)A Supervisory Personnel
All members of the Contractor’s staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who are substantially involved
in such action, shall be made fully cognizant of, and shall implement the Contractor’s
equal employment opportunity policy and contractual responsibilities to provide equal
employment opportunity in each grade and classification of employment. To ensure that
the above agreement will be met, the following actions shall be taken as a minimum:
1. EEO Meetings – Periodic meetings of supervisory and personnel office employees
shall be conducted before the start of Work and then not less often than once every
6 months, at which time the Contractor’s equal employment opportunity policy and
its implementation shall be reviewed and explained. The meetings shall be conducted
by the EEO Officer or other knowledgeable company official.
2. EEO Indoctrination – All new supervisory or personnel office employees shall be
given a thorough indoctrination by the EEO Officer or other knowledgeable company
official covering all major aspects of the Contractor’s equal employment opportunity
obligations within 30 days following their reporting for duty with the Contractor.
3. Internal EEO Procedures – All personnel who are engaged in direct recruitment
for the project shall be instructed by the EEO Officer or appropriate company
official in the Contractor’s procedures for locating and hiring minority group and
female employees.
1-07.11(4)B Employees, Applicants, and Potential Employees
In order to make the Contractor’s equal employment opportunity policy known to all
employees, prospective employees, and potential sources of employees, e.g., schools,
employment agencies, labor unions (where appropriate), college placement officers, and
community organizations, the Contractor shall take the following actions:
1. Notices and Posters – Notices and posters setting forth the Contractor’s equal
employment opportunity policy shall be placed in areas readily accessible to
employees, applicants for employment, and potential employees.
2. EEO Indoctrination – The Contractor’s equal employment opportunity policy and the
procedures to implement such policy shall be brought to the attention of employees
by means of meetings, employee handbooks, or other appropriate means.
1-07.11(5) Sanctions
In the event of the Contractor is found in noncompliance with the provisions of Section
1-07.11, the Contracting Agency may impose such Contract sanctions as it or the Federal
Highway Administration may determine necessary to gain compliance including, but not
limited to:
1. Progress payment requests may not be honored until the noncompliance is remedied
to the satisfaction of the Contracting Agency.
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2. The Contract may be suspended, in whole or in part, until such time as the Contractor
is determined to be in compliance by the Contracting Agency.
3. The Contractor’s pre-qualification may be suspended or revoked pursuant to
WAC 468-16. The Contracting Agency may refer the matter to the Federal Highway
Administration (FHWA) for possible federal sanctions.
4. The Contract may be terminated.
Immediately upon the Engineer’s request, the Contractor shall remove from the Work
site any employee engaging in behaviors that promote harassment, humiliation, fear or
intimidation including but not limited to those described in these specifications.
1-07.11(6) Incorporation of Provisions
The Contractor shall include the provisions of Section 1-07.11(1)A through C, Section
1-07.11(2), Section 1-07.11(2)A and the Section 1-07.11(5) Sanctions in every
subcontract including procurement of materials and leases of equipment. The Contractor
shall take such action or enforce sanctions with respect to a subcontractor or supplier as
the Contracting Agency or the FHWA may direct as a means of enforcing such provisions.
In the event a Contractor becomes involved in litigation with a subcontractor or supplier
as a result of such direction, the Contractor may request the Contracting Agency enter
into such litigation to protect their interests and the Contracting Agency may request
the federal government to enter into such litigation to protect the interests of the
United States.
1-07.11(7) Vacant
1-07.11(8) Vacant
1-07.11(9) Subcontracting, Procurement of Materials, and Leasing of Equipment
Nondiscrimination – The Contractor shall not discriminate on the grounds of race,
color, religion, sex, national origin, age, or disability in the selection and retention of
subcontractors, including procurement of materials and leases of equipment.
Solicitation and Utilization – The Contractor shall use their best effort to solicit bids from,
and to utilize, disadvantaged, minority, and women subcontractors, or subcontractors with
meaningful minority and women representation among their employees.
Subcontractor EEO Obligations – The Contractor shall notify all potential Subcontractors
and suppliers of the EEO obligations required by the Contract. The Contractor shall
use their efforts to ensure subcontractor’s compliance with their equal employment
opportunity obligations.
1-07.11(10) Records and Reports
1-07.11(10)A General
The Contractor shall keep such records as are necessary to determine compliance with
the Contractor’s equal employment opportunity obligations. The records kept by the
Contractor shall be designated to indicate:
1. Work Force Data – The number of minority and nonminority group members and
women employed in each work classification on the project.
2. Good Faith Efforts – Unions – The progress and efforts being made in cooperation
with unions to increase employment opportunities for minorities and women
(applicable only to contractors who rely in whole or in part on unions as a source of
their work force).
3. Good Faith Efforts – Recruitment – The progress and efforts being made in locating,
hiring, training, qualifying, and upgrading minority and female employees.
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4. Subcontracting – The progress and efforts being made in securing the services
of disadvantaged, minority, and women subcontractors or subcontractors with
meaningful minority and female representation among their employees.
1-07.11(10)B Required Records and Retention
All records must be retained by the Contractor for a period of three years following
acceptance of the Contract Work. All records shall be available at reasonable times
and places for inspection by authorized representatives of either the Washington State
Department of Transportation or the Federal Highway Administration.
Federal-Aid Highway Construction Contractors Annual EEO Report
FHWA #1391 – This form is required for all federally assisted projects provided the
Contract is equal to or greater than $10,000 and for every associated subcontract
equal to or greater than $10,000. Each Contract requires separate reports filed for the
Contractor and each subcontractor (subject to the above noted criteria). These forms are
due by August 25th in every year during which Work was performed in July. The payroll
period to be reflected in the report is the last payroll period in July in which Work was
performed. This report is required of each Contractor and subcontractor for each federally
assisted Contract on which the Contractor or subcontractor performs Work during the
month of July.
Monthly Employment Utilization Reports
WSDOT Form 820-010 – This form (or substitute form as approved by the Contracting
Agency) is required for all federally assisted projects if the Contract is equal to or
greater than $10,000 and for every associated subcontract equal to or greater than
$10,000. These monthly reports are to be maintained in the respective Contractor or
subcontractor’s records.
1-07.12 Federal Agency Inspection
Federal laws, rules, and regulations shall be observed by the Contractor on Federal-
aid projects. This Work is subject to inspection by the appropriate Federal agency.
The Contractor shall cooperate with the Federal agencies in these inspections. These
inspections shall not make the Federal Government a party to the Contract and shall not
constitute an interference with the rights of the Contracting Agency or the Contractor.
1-07.13 Contractor’s Responsibility for Work
1-07.13(1) General
All Work and material for the Contract, including change order Work, shall be at the sole
risk of the Contractor until the entire improvement has been completed as determined by
the Engineer, except as provided in this section.
The Contractor shall rebuild, repair, restore, and make good all damages to the permanent
or temporary Work occurring before the Physical Completion Date and shall bear all the
expense to do so, except damage to the permanent Work caused by: (a) acts of God, such
as earthquake, floods, or other cataclysmic phenomenon of nature, or (b) acts of the public
enemy or of governmental authorities; or (c) slides in cases where Section 2-03.3(11)
is applicable; Provided, however, that these exceptions shall not apply should damages
result from the Contractor’s failure to take reasonable precautions or to exercise sound
engineering and construction practices in conducting the Work.
If the performance of the Work is delayed as a result of damage by others, an extension of
time will be evaluated in accordance with Section 1-08.8.
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Nothing contained in this section shall be construed as relieving the Contractor of
responsibility for, or damage resulting from, the Contractor’s operations or negligence, nor
shall the Contractor be relieved from full responsibility for making good defective Work or
materials as provided for under Section 1-05.
1-07.13(2) Relief of Responsibility for Completed Work
Upon written request, the Contractor may be relieved of the duty of maintaining and
protecting certain portions of the Work, as described below, which have been completed
in all respects in accordance with the requirements of the Contract. If the Engineer
provides written approval, the Contractor will be relieved of the responsibility for damage
to said completed portions of the Work resulting from use by public traffic or from the
action of the elements or from any other cause, but not from damage resulting from the
Contractor’s operations or negligence.
Portions of the Work for which the Contractor may be relieved of the duty of maintenance
and protection as provided in the above paragraph include but are not limited to the
following:
1. The completion of ¼ mile of Roadway or ¼ mile of one Roadway of a divided Highway
or a frontage road including the Traveled Way, Shoulders, drainage control facilities,
planned Roadway protection Work, lighting, and traffic control and access facilities.
2. A bridge or other Structure of major importance.
3. A complete unit of a traffic control signal system or of a Highway lighting system.
4. A complete unit of permanent Highway protection Work.
5. A building that is functionally complete and open to the public.
6. A Contract Proposal item.
1-07.13(3) Relief of Responsibility for Damage by Public Traffic
When it is necessary for public traffic to utilize a Highway facility during construction, the
Contractor will be relieved of responsibility for damages to permanent Work by public
traffic under the following circumstances:
1. The Work is in accordance with the Contract Plans or approved stage construction
plans,
2. The Work is on a section of Roadway required by the Contract to be opened to public
traffic, and
3. The traffic control is in accordance with the approved traffic control plans.
If traffic is relocated to another section of Roadway, the Contractor shall resume
responsibility for the Work until such time as the section of Roadway is again open to
public traffic or the Contractor submits a written request for Work that is completed to a
point where relief can be granted in accordance with Section 1-07.13(2).
1-07.13(4) Repair of Damage
The Contractor shall promptly repair all damage to either temporary or permanent Work
as ordered by the Engineer. For damage qualifying for relief under Sections 1-07.13(1),
1-07.13(2), 1-07.13(3), or 8-17.5, payment will be made in accordance with Section
1-09.4, using the estimated Bid item “Reimbursement for Third Party Damage”.
In the event the Contracting Agency pays for damage to the Contractor’s Work or for
damage to the Contractor’s equipment caused by third parties, claims the Contractor
had or may have had against the third party shall be deemed assigned to the Contracting
Agency, to the extent of the Contracting Agency’s payment for such damage.
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Payment will be limited to repair of damaged Work only. No payment will be made for
delay or disruption of Work.
For the purpose of providing a common Proposal for all Bidders, the Contracting Agency
has entered an amount for “Reimbursement for Third Party Damage” in the Proposal to
become a part of the total Bid by the Contractor.
1-07.14 Responsibility for Damage
The State, Governor, Commission, Secretary, and all officers and employees of the
State, including but not limited to those of the Department, will not be responsible in
any manner: for losses or damage that may happen to the Work or any part; for losses
of material or damage to any of the materials or other things used or employed in the
performance of Work; for injury to or death of either workers or the public; or for damage
to the public for causes which might have been prevented by the Contractor, or the
workers, or anyone employed by the Contractor.
The Contractor shall be responsible for all liability imposed by law for injuries to, or the
death of, any persons or damages to property resulting from any cause whatsoever during
the performance of the Work, or before final acceptance.
Subject to the limitations in this section, and RCW 4.24.115, the Contractor shall
indemnify, defend, and save harmless the State, Governor, Commission, Secretary, and all
officers and employees of the State from all claims, suits, or actions brought for injuries
to, or death of, any persons or damages resulting from construction of the Work or in
consequence of any negligence or breach of Contract regarding the Work, the use of
improper materials in the Work, caused in whole or in part by an act or omission by the
Contractor or the agents or employees of the Contractor during performance or at any
time before final acceptance. In addition to a remedy authorized by law, the State may
retain so much of the money due the Contractor as deemed necessary by the Engineer
to ensure the defense and indemnification obligations of this section until disposition has
been made of such suits or claims.
Subject to the limitations in this section and RCW 4.24.115, the Contractor shall
indemnify, defend, and save harmless any county, city, or region, its officers, and
employees connected with the Work, within the limits of which county, city, or region
the Work is being performed, all in the same manner and to the same extent as provided
above for the protection of the State, its officers and employees, provided that no
retention of money due the Contractor be made by the State except as provided in
RCW 60.28, pending disposition of suits or claims for damages brought against the
county, city, or district.
Pursuant to RCW 4.24.115, if such claims, suits, or actions result from the concurrent
negligence of (a) the indemnitee or the indemnitee’s agents or employees and (b) the
Contractor or the Contractor’s agent or employees, the indemnity provisions provided in
the preceding paragraphs of this section shall be valid and enforceable only to the extent
of the Contractor’s negligence or the negligence of its agents and employees.
The Contractor shall bear sole responsibility for damage to completed portions of the
project and to property located off the project caused by erosion, siltation, runoff, or
other related items during the construction of the project. The Contractor shall also bear
sole responsibility for any pollution of rivers, streams, ground water, or other waters that
may occur as a result of construction operations.
The Contractor shall exercise all necessary precautions throughout the life of the Project
to prevent pollution, erosion, siltation, and damage to property.
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The Contracting Agency will forward to the Contractor all claims filed against the State
according to RCW 4.92.100 that are deemed to have arisen in relation to the Contractor’s
Work or activities under this Contract, and, in the opinion of the Contracting Agency,
are subject to the defense, indemnity, and insurance provisions of these Standard
Specifications. Claims will be deemed tendered to the Contractor and insurer, who
has named the State as a named insured or an additional insured under the Contract’s
insurance provisions, once the claim has been forwarded via email with delivery
confirmation to the Contractor. The Contractor shall be responsible to provide a copy
of the claim to the Contractor’s designated insurance agent who has obtained/met the
Contract’s insurance provision requirements.
Within 60 calendar days following the date a claim is sent by the Contracting Agency
to the Contractor, the Contractor shall notify both the Claimant as specified on the
Claimaint’s contact information and WSDOT by responding to the tendering email:
a. Whether the claim is allowed or is denied in whole or in part, and, if so, the specific
reasons for the denial of the individual claim, and if not denied in full, when payment
has been or will be made to the claimant(s) for the portion of the claim that is allowed,
or
b. If resolution negotiations are continuing. In this event, status updates will be reported
no longer than every 60 calendar days until the claim is resolved or a lawsuit is filed.
If the Contractor fails to provide the above notification within 60 calendar days, then
the Contractor shall yield to the Contracting Agency sole and exclusive discretion to
allow all or part of the claim on behalf of the Contractor, and the Contractor shall be
deemed to have WAIVED any and all defenses, objections, or other avoidances to the
Contracting Agency’s allowance of the claim, or the amount allowed by the Contracting
Agency, under common law, constitution, statute, or the Contract and these Standard
Specifications. If all or part of a claim is allowed, the Contracting Agency will notify the
Contractor via email with delivery confirmation that it has allowed all or part of the claim
and make appropriate payments to the claimant(s) with State funds.
Payments of State funds by the Contracting Agency to claimant(s) under this section
will be made on behalf of the Contractor and at the expense of the Contractor, and the
Contractor shall be unconditionally obligated to reimburse the Contracting Agency for the
“total reimbursement amount”, which is the sum of the amount paid to the claimant(s),
plus all costs incurred by the Contracting Agency in evaluating the circumstances
surrounding the claim, the allowance of the claim, the amount due to the claimant, and all
other direct costs for the Contracting Agency’s administration and payment of the claim
on the Contractor’s behalf. The Contracting Agency will be authorized to withhold the
total reimbursement amount from amounts due the Contractor, or, if no further payments
are to be made to the Contractor under the Contract, the Contractor shall directly
reimburse the Contracting Agency for the amounts paid within 30 days of the date notice
that the claim was allowed was sent to the Contractor. In the event reimbursement from
the Contractor is not received by the Contracting Agency within 30 days, interest shall
accrue on the total reimbursement amount owing at the rate of 12 percent per annum
calculated at a daily rate from the date the Contractor was notified that the claim was
allowed. The Contracting Agency’s costs to enforce recovery of these amounts are
additive to the amounts owing.
The Contractor specifically assumes all potential liability for actions brought by employees
of the Contractor and, solely for the purpose of enforcing the defense and indemnification
obligations set forth in Section 1-07.14, the Contractor specifically waives immunity
granted under the State industrial insurance law, Title 51 RCW. This waiver has been
mutually negotiated by the parties. The Contractor shall similarly require that each
subcontractor it retains in connection with the project comply with the terms of this
paragraph, waive any immunity granted under Title 51 RCW, and assume all liability for
actions brought by employees of the subcontractor.
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1-07.15 Temporary Water Pollution Prevention
1-07.15(1) Spill Prevention, Control, and Countermeasures Plan
The Contractor shall prepare a Type 2 Working Drawing consisting of a project-specific
spill prevention, control, and countermeasures plan (SPCC Plan), and shall implement the
plan for the duration of the project. No on-site construction activities may commence
until the Contracting Agency accepts an SPCC Plan for the project. An SPCC Plan
template and guidance information is available at https://wsdot.wa.gov/engineering-
standards/environmental-guidance/stormwater-water-quality.
The SPCC Plan shall address all fuels, petroleum products, hazardous materials,
and other materials defined in Chapter 447 of the WSDOT Environmental Manual
M 31-11. Occupational safety and health requirements that may pertain to SPCC Plan
implementation are contained in, but not limited to, WAC 296-824 and WAC 296-843.
The SPCC Plan shall address conditions that may be required by Section 3406 of the
current International Fire Code, or as approved by the local Fire Marshal.
Implementation Requirements
The Contractor shall update the SPCC Plan throughout project construction so that the
written plan reflects actual site conditions and practices. The Contractor shall update the
SPCC Plan at least annually and maintain a copy of the updated SPCC Plan on the project
site. The Contractor shall fully implement the SPCC Plan, as accepted and updated, at
all times.
SPCC Plan Element Requirements
The SPCC Plan shall set forth the following information in the following order:
1. Responsible Personnel – Identify the names, titles, and contact information for the
personnel responsible for implementing and updating the plan and for responding
to spills.
2. Spill Reporting – List the names and telephone numbers of the Federal, State, and
local agencies the Contractor shall notify in the event of a spill.
3. Project and Site Information – Describe the following items:
a. The project Work.
b. The site location and boundaries.
c. The drainage pathways from the site.
d. Nearby waterways and sensitive areas and their distances from the site.
4. Potential Spill Sources – Describe each of the following for all potentially hazardous
materials brought or generated on-site including but not limited to materials used for
equipment operation, refueling, maintenance, or cleaning:
a. Name of material and its intended use.
b. Estimated maximum amount on-site at any one time.
c. Location(s) (including any equipment used below the ordinary high water line)
where the material will be staged, used, and stored and the distance(s) from
nearby waterways and sensitive areas.
5. Preexisting Contamination – Describe any preexisting contamination and
contaminant sources (such as buried pipes or tanks) in the project area that are
described in the Contract provisions and Plans. Identify equipment and Work
practices that shall be used to prevent the release of contamination.
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6. Spill Prevention and Response Training – Describe how and when all project
personnel, including refueling personnel and other subcontractors, shall be trained in
spill prevention, containment, and response and in the location of spill response kits.
7. Spill Prevention – Describe the following items:
a. The contents and locations of spill response kits that the Contractor shall
supply and maintain that are appropriately stocked, located in close proximity to
hazardous materials and equipment, and immediately accessible.
b. Security measures for potential spill sources to prevent accidental spills and
vandalism.
c. Methods used to prevent stormwater from contacting hazardous materials.
d. Secondary containment for each potential spill source listed in 4, above.
Secondary containment structures shall be in accordance with Section S9.D.9
of Ecology’s Construction Stormwater General NPDES Permit, where secondary
containment means placing tanks or containers within an impervious structure
capable of containing 110 percent of the volume contained in the largest tank
within the containment structure. Double-walled tanks do not require additional
secondary containment.
e. BMP methods and locations where they are used to prevent discharges to ground
or water during mixing and transfer of hazardous materials and fuel. Methods
to control pollutants shall use BMPs in accordance with Ecology’s Construction
Stormwater General NPDES Permit. BMP guidance is provided in Ecology’s
Stormwater Management Manuals, such as Volume II – Construction Stormwater
Pollution Prevention, BMP C153, and Volume IV – Source Control BMPs.
f. Refueling procedures for equipment that cannot be moved from below the
ordinary high water line.
g. Daily inspection and cleanup procedures that ensure all equipment used below
the ordinary high water line is free of all external petroleum-based products.
h. Routine equipment, storage area, and structure inspection and maintenance
practices to prevent drips, leaks, or failures of hoses, valves, fittings, containers,
pumps, or other systems that contain or transfer hazardous materials.
i. Site inspection procedures and frequency.
8. Spill Response – Outline the response procedures the Contractor shall follow for
each scenario listed below, indicating that if hazardous materials are encountered or
spilled during construction, the Contractor shall do everything possible to control and
contain the material until appropriate measures can be taken. Include a description of
the actions the Contractor shall take and the specific on-site spill response equipment
that shall be used to assess the spill, secure the area, contain and eliminate the spill
source, clean up spilled material, decontaminate equipment, and dispose of spilled
and contaminated material:
a. A spill of each type of hazardous material at each location identified in 4, above.
b. Stormwater that has come into contact with hazardous materials.
c. A release or spill of any preexisting contamination and contaminant source
described in 5, above.
d. A release or spill of any unknown preexisting contamination and contaminant
sources (such as buried pipes or tanks) encountered during project Work.
e. A spill occurring during Work with equipment used below the ordinary high water
line.
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If the Contractor will use a subcontractor for spill response, provide contact
information for the subcontractor under item 1 (above), identify when the
subcontractor shall be used, and describe actions the Contractor shall take while
waiting for the subcontractor to respond.
9. Project Site Map – Provide a map showing the following items:
a. Site location and boundaries.
b. Site access roads.
c. Drainage pathways from the site.
d. Nearby waterways and sensitive areas.
e. Hazardous materials, equipment, and decontamination areas identified in 4,
above.
f. Preexisting contamination or contaminant sources described in 5, above.
g. Spill prevention and response equipment described in 7 and 8, above.
10. Spill Report Forms – Provide a copy of the spill report form(s) that the Contractor
shall use in the event of a release or spill.
Payment
Payment will be made for the following Bid item when it is included in the Proposal:
“SPCC Plan”, lump sum.
When the written SPCC Plan is accepted by the Contracting Agency, the Contractor shall
receive 50 percent of the lump sum Contract price for the plan.
The remaining 50 percent of the lump sum price will be paid after the materials and
equipment called for in the plan are mobilized to the project.
The lump sum payment for the “SPCC Plan” shall be full pay for all costs associated with
creating and updating the accepted SPCC Plan, and all costs associated with the set
up of prevention measures and for implementing the current SPCC Plan as required by
this Specification.
1-07.16 Protection and Restoration of Property
1-07.16(1) Private/Public Property
1-07.16(1)A General
The Contractor shall protect private or public property on or in the vicinity of the Work
site. The Contractor shall ensure that it is not removed, damaged, destroyed, or prevented
from being used unless the Contract so specifies.
Property includes land, utilities, trees, landscaping, improvements legally on the right of
way, markers, monuments, buildings, Structures, pipe, conduit, sewer or water lines, signs,
and other property of all description whether shown on the Plans or not.
If the Engineer orders, or if otherwise necessary, the Contractor shall install protection,
acceptable to the Engineer, for property such as that listed in the previous paragraph. The
Contractor is responsible for locating and protecting all property that is subject to damage
by the construction operation.
If the Contractor (or agents/employees of the Contractor) damage, destroy, or interfere
with the use of such property, the Contractor shall restore it to original condition. The
Contractor shall also halt all interference with the property’s use. If the Contractor refuses
or does not respond immediately, the Engineer may have such property restored by other
means and subtract the cost from money that will be or is due the Contractor.
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1-07.16(1)B Contracting Agency Property
The Contractor shall not use Contracting Agency owned or controlled property other than
that directly affected by the Contract Work without the approval of the Engineer. If the
Engineer grants such approval, the Contractor shall then vacate the area when ordered
to do so by the Engineer. Approval to temporarily use the property shall not create
entitlement to further use or to compensation for conditions or requirements imposed.
1-07.16(1)C Private Property
The Contractor may access the worksite from adjacent properties. The Contractor shall
not use or allow others to use this access to merge with public traffic. During non-working
hours, the Contractor shall provide a physical barrier that is either locked or physically
unable to be moved without equipment. The access shall not go through existing
Structures. The access may go through fencing. The Contractor shall control or prevent
animals from entering the worksite to the same degree that they were controlled before
the fence was removed. The Contractor shall prevent persons not involved in the Contract
Work from entering the worksite through the access or through trails and pathways
intersected by the access. If the Contract documents require that existing trails or
pathways be maintained during construction, the Contractor will insure the safe passage
of trail or pathway users. The Contractor shall effectively control airborne particulates that
are generated by use of the access. The location and use of the access shall not adversely
affect wetlands or sensitive areas in any manner. The Contractor shall be responsible for
obtaining all haul road agreements, permits and/or easements associated with the access.
The Contractor shall replace fences, repair damage and restore the site to its original state
when the access is no longer needed. The Contractor shall bear all costs associated with
this worksite access.
1-07.16(2) Vegetation Protection and Restoration
Existing trees and other vegetation, where shown in the Plans or designated by the
Engineer, shall be saved and protected through the life of the Contract. The Engineer
will designate the vegetation to be saved and protected by a site preservation line, high
visibility fencing, or individual flagging.
Damage which may require replacement of vegetation includes torn bark stripping, broken
branches, exposed root systems, cut root systems, poisoned root systems, compaction
of surface soil and roots, puncture wounds, drastic reduction of surface roots or leaf
canopy, changes in grade greater than 6 inches, or other changes to the location that may
jeopardize the survival or health of the vegetation to be preserved.
When large roots of trees designated to be saved are exposed by the Contractor’s
operation, they shall be wrapped with heavy, moist material, such as burlap or canvas, for
protection and to prevent excessive drying. The material shall be kept moist and securely
fastened until the roots are covered to finish grade. All material and fastening material
shall be removed from the roots before covering. All roots 1 inch or larger in diameter, that
are damaged, shall be pruned with a sharp saw or pruning shear. Damaged, torn, or ripped
bark shall be removed as ordered by the Engineer at no additional cost to the Contracting
Agency.
Pruning activity required to complete the Work as specified shall be performed by a
Certified Arborist at the direction of the Engineer.
If due to, or for reasons related to the Contractor’s operation, trees, shrubs, ground cover
or herbaceous vegetation designated to be saved is destroyed, disfigured, or damaged to
the extent that continued life is questionable as determined by the Engineer, it shall be
removed by the Contractor at the direction of the Engineer.
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The Contractor will be assessed damages equal to triple the value of the vegetation as
determined in the Guide for Plant Appraisal, Current Edition, published by the International
Society of Arboriculture or the estimated cost of restoration with a similar species. Shrub,
ground cover, and herbaceous plant values will be determined using the Cost of Cure
Method. Damage so assessed will be deducted from the monies due or that may become
due the Contractor.
1-07.16(2)A Wetland and Sensitive Area Protection
Existing wetland and other sensitive areas, where shown in the Plans or designated by the
Engineer, shall be saved and protected through the life of the Contract. When applicable,
a site preservation line has been established as a boundary between work zones and
sensitive environmental areas.
The Contractor shall install high visibility fence as shown in the Plans or designated by the
Engineer in accordance with Section 8-01.3(1). The areas to be protected include critical
environmental areas, buffer zones, and other areas of vegetation to be preserved. The
Contractor shall keep areas identified by the site preservation lines free of construction
equipment, construction materials, debris, and runoff. No access, including, but not
limited to, excavation, clearing, staging, or stockpiling, shall be performed inside the
protected area.
1-07.16(3) Fences, Mailboxes, Incidentals
The Contractor shall maintain all temporary fencing to prevent pedestrians from entering
the worksite and to preserve livestock, crops, or property when working through or
adjacent to private property. The Contractor is liable for all damages resulting from not
complying with this requirement.
The usefulness of existing mail or paper boxes shall not be impaired. If the Contract
anticipates removing and reinstalling the mail or paper boxes, the provisions of Section
8-18 will apply. If the mail or paper boxes are rendered useless solely by acts (or inaction)
of the Contractor or for the convenience of the Contractor, the Work shall be performed
as provided in Section 8-18 at the Contractor’s expense.
1-07.16(4) Archaeological and Historical Objects
Archaeological or historical objects, such as ruins, sites, buildings, artifacts, fossils,
or other objects of antiquity that may have significance from a historical or scientific
standpoint, which may be encountered by the Contractor, shall not be further disturbed.
The Contractor shall immediately notify the Engineer of any such finds.
The Engineer will determine if the material is to be salvaged. The Contractor may be
required to stop Work in the vicinity of the discovery until such determination is made.
The Engineer may require the Contractor to suspend Work in the vicinity of the discovery
until salvage is accomplished.
If the Engineer finds that the suspension of Work in the vicinity of the discovery increases
or decreases the cost or time required for performance of any part of the Work under this
Contract, the Engineer will make an adjustment in payment or the time required for the
performance of the Work in accordance with Sections 1-04.4 and 1-08.8.
1-07.16(4)A Inadvertent Discovery of Human Skeletal Remains
If human skeletal remains are encountered by the Contractor, they shall not be further
disturbed. The Contractor shall immediately notify the Engineer of any such finds, and
shall cease all work adjacent to the discovery, in an area adequate to provide for the total
security and protection of the integrity of the skeletal remains. The Engineer may require
the Contractor to suspend Work in the vicinity of the discovery until final determinations
are made and removal of the skeletal remains is completed.
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If the Engineer finds that the suspension of Work in the vicinity of the discovery increases
or decreases the cost or time required for performance of any part of the Work under this
Contract, the Engineer will make an adjustment in payment or the time required for the
performance of the Work in accordance with Sections 1-04.4 and 1-08.8.
1-07.16(5) Wells
1-07.16(5)A Protection of Wells
The Contractor shall save and protect existing wells throughout the life of the
Contract at the locations as shown in the Plans. For the definition of well types see
WAC 173-160-111 and WAC 173-160-410.
The existing wells shall not be disturbed during any construction activity.
1-07.16(5)B Discovery of Unidentified Wells
If unidentified wells are encountered by the Contractor, they shall not be further
disturbed. The Contractor shall ensure unidentified wells encountered are protected
from all construction activities including spills. The Contractor shall follow the procedures
set forth in Section 1-04.7. The Engineer will determine if the well will be protected in
accordance with Section 1-07.1, Section 1-07.5(3), and Section 1-07.16, or the well will
be decommissioned as part of the Work.
1-07.16(6) Payment
All costs to comply with this section and for the protection and repair specified in this
section, unless otherwise stated, are incidental to the Contract and are the responsibility
of the Contractor. The Contractor shall include all related costs in the unit Bid prices of
the Contract.
1-07.17 Utilities and Similar Facilities
The Contractor shall protect all private and public utilities from damage resulting from
the Work. Among others, these utilities include: telephone, telegraph, and power lines;
pipelines, sewer and water lines; railroad tracks and equipment; and highway lighting
and signing systems, and intelligent transportation systems (ITS). All costs required to
protect public and private utilities shall be at the Contractor’s expense, except as provided
otherwise in this section.
RCW 19.122 relates to underground utilities. In accordance with this RCW, the Contractor
shall call the One-Number Locator Service for field location of utilities. If no locator
service is available for the area, notice shall be provided individually to those owners of
utilities known to, or suspected of, having underground facilities within the area of the
proposed excavation.
1-07.17(1) Utility Construction, Removal, or Relocation by the Contractor
If the Work requires removing or relocating a utility, the Contract will assign the task to
the Contractor or the utility owner. When the task is assigned to the Contractor it shall be
performed in accordance with the Plans and Special Provisions. New utility construction
shall be performed according to the appropriate Contract requirements.
To ease or streamline the Work for its own convenience, the Contractor may desire to ask
utility owners to move, remove, or alter their equipment in ways other than those listed
in the Plans or Special Provisions. The Contractor shall make the arrangements and pay
all costs that arise from work performed by the utility owner at the Contractor’s request.
The Contractor shall submit a Type 2 Working Drawing consisting of plans and details
describing the scope and schedule of all work performed at the Contractor’s request by
the utility owner.
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In some cases, the Plans or Special Provisions may not show all underground facilities. If
the Work requires these to be moved or protected, the Engineer will assign the task to
others or issue a written change order requiring the Contractor to do so as provided in
Section 1-04.4.
1-07.17(2) Utility Construction, Removal, or Relocation by Others
Authorized agents of the Contracting Agency or utility owners may enter the Highway
right of way to repair, rearrange, alter, or connect their equipment. The Contractor shall
cooperate with such effort and shall avoid creating delays or hindrances to those doing
the work. As needed, the Contractor shall arrange to coordinate work schedules.
If the Contract provides notice that utility work (including furnishing, adjusting, relocating,
replacing, or constructing utilities) will be performed by others during the prosecution of
the Work, the Special Provisions will establish the utility owner’s anticipated completion.
The Contractor shall carry out the Work in a way that will minimize interference and delay
for all forces involved. Costs incurred prior to the utility owners anticipated completion
(or if no completion is specified, within a reasonable period of time) that results from
the coordination and prosecution of the Work regarding utility adjustment, relocation,
replacement, or construction shall be at the Contractor’s expense as provided in
Section 1-05.14.
When others delay the Work through late performance of utility work, the Contractor
shall adhere to the requirements of Section 1-04.5. The Contracting Agency will either
suspend Work according to Section 1-08.6, or order the Contractor to coordinate the
Work with the work of the utility owner in accordance with Section 1-04.4. When ordered
to coordinate the Work with the work of the utility owner, the Contractor shall prosecute
the Work in a way that will minimize interference and delay for all forces involved.
1-07.18 Public Liability and Property Damage Insurance
1-07.18(1) Insurance Provider Requirements
The Contractor shall obtain and keep in force the policies of insurance required by
this Section and as supplemented by the Special Provisions. The policies shall be with
companies or through sources approved by the State Insurance Commissioner pursuant to
RCW 48.05.
1-07.18(2) Term of Insurance Coverage
Unless otherwise indicated below, the policies shall be kept in force from the execution
date of the Contract until the date of acceptance by the Secretary (Section 1-05.12), and
shall be reinstituted when performing warranty work when such work takes place after
the date of acceptance by the Secretary.
1-07.18(3) Initiating and Maintaining Coverage
1. Prior to Contract execution, the Contractor shall submit electronically to the
email address, CAPS@WSDOT.WA.GOV, completed ACORD Form Certificates of
Insurance evidencing the minimum insurance coverages required under the Standard
Specifications and Special Provisions for the Project, or the actual policies. Insurance
shall be effective on or before the date of Execution. Each ACORD Certificate of
Insurance or policy shall bear the Contracting Agency Contract number, Project title
and expiration date.
2. Within 21 days after execution, the Contractor shall provide the Department with
complete electronic copies of all insurance policies required under this Section and
any Special Provisions. Policies shall be submitted electronically to CAPS@WSDOT.
WA.GOV. Marked on the policy title and signatory page of each policy, shall be the
policy number, Contracting Agency’s Contract number, the Project title, and the
expiration date.
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3. Any time a policy expires or is cancelled and is renewed, the Contractor shall provide
an electronic copy of the renewed policy to the Engineer and CAPS@WSDOT.WA.gov
evidencing no break in coverage. Each ACORD Certificate of Insurance or policy shall
bear the Contracting Agency Contract number, Project title and expiration date.
4. The Contractor shall provide written notice to the Engineer and the WSDOT Contract
Payments Section (CAPS) of any policy cancellations within two business days of
receipt of cancellation. Written notice shall be emailed to the Engineer and CAPS@
WSDOT.WA.gov.
1-07.18(4) General Requirements for Insurance
1. The Contractor shall be named insured and the Contracting Agency, the State, the
Governor, the Commission, the Secretary, the Department, all officers and employees
of the State, and their respective members, directors, officers, employees, agents,
and consultants (collectively the “additional insureds”) shall be included as additional
insureds for all policies and coverages specified in this section, with the exception
of the OCP policy, under which the Contracting Agency is a named insured. Said
insurance coverage shall be primary and noncontributory insurance with respect
to the named insureds and the additional insureds. Any insurance or self-insurance
beyond that specified in this Contract that is maintained by any named insured or
additional insured shall be in excess of such insurance and shall not contribute with
it. All insurance coverage required by this section shall be written and provided by
“occurrence-based” policy forms rather than by “claims made” forms.
2. All endorsements adding additional insureds to required policies shall only be
provided pursuant to form CG-20-10 (1985 edition) or a combination of the
following: CG 2010 entitled “Additional Insured - Owners, Lessees or Contractors
- Scheduled Person or Organization” and CG 2037 entitled “Additional Insured -
Owners, Lessees or Contractors - Completed Operations”; or CG 2033 entitled
“Additional Insured - Owners, Lessees or Contractors - Automatic Status When
Required in Construction Agreement With You” and CG 2037 entitled “Additional
Insured - Owners, Lessees or Contractors - Completed Operations”. No form shall
contain limitations or exclusions with respect to “products/completed operations”
or ongoing operations coverage. No additional insured endorsement shall seek to
limit coverage for the additional insureds for their own negligence with respect to
liability arising out of project operations and/or solely to vicarious liability arising
out of the ongoing or completed operations of the named insured, its Contractors,
subcontractors of any tier, consultants, agents or employees. The coverage, together
with all coverage limits, required to be provided to the additional insureds shall be
primary and non-contributory with respect to any other insurance maintained by, or
obtained for the benefit of, the additional insured. Any insurance or self-insurance
that is maintained by an additional insured, or their members, directors, officers,
employees, agents, and consultants shall be in excess of, and shall not contribute
with, the insurance required herein.
3. The coverage limits to be provided by the Contractor for itself and to the Contracting
Agency and additional insureds pursuant to this section or any Special Provision,
shall be on a “per project” aggregate basis with the minimum limits of liability as set
forth herein for general liability claims. The coverage required under this section for
products/completed operations claims shall remain in full force and effect for not
less than 3 years following Substantial Completion of the project. If the Contractor
maintains, at any time, coverage limits for itself in excess of limits set forth in this
Section 1-07.18 or any Special Provision, then those additional coverage limits shall
also apply to the Contracting Agency and the additional insured. This includes, but is
not limited to, any coverage limits provided under any risk financing program of any
description, whether such limits are primary, excess, contingent, or otherwise.
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4. All insurance policies and coverages required under Sections 1-07.18 and 1-07.10
shall contain a waiver of subrogation against the Contracting Agency, the State, and
any additional insureds, and their respective departments, agencies, boards, and
commissions, and their respective officers, officials, agents, and employees for losses
arising from Work performed by or on behalf of the Contractor. This waiver has been
mutually negotiated by the parties.
5. Where applicable, the Contractor shall cause each subcontractor to provide insurance
that complies with all applicable requirements of the Contractor-provided insurance
as set forth herein, in circumstances where the subcontractor is not covered by the
Contractor-provided insurance. The Contractor shall have sole responsibility for
determining the limits of coverage required, if any, to be obtained by subcontractors,
which determination shall be made in accordance with reasonable and prudent
business practices. In the event that a subcontractor is required to add the Contractor
as an additional insured pursuant to its contract for Work at the project, then
the Contractor shall also cause each subcontractor to include the Contracting
Agency and the additional insureds, as additional insureds as well, for primary and
noncontributory limits of liability under each subcontractor’s Commercial General
Liability, Commercial Automobile Liability, and any other coverages that may be
required pursuant to a “Special Provision”.
6. Unless specifically noted otherwise in the Contract, the parties to this Contract do
not intend by any of the provisions of this Contract to cause the public or any member
thereof or any other person to be a third-party beneficiary of the Contract. Nothing in
this Contract authorizes anyone not a party to this Contract or a designated third-
party beneficiary to this Contract to maintain a suit for personal injuries or property
damage pursuant to the terms or provisions of this Contract. It is the further intent
of the Contracting Agency and the Contractor in executing the Form of Contract that
no individual, firm, corporation, or any combination thereof that supplies materials,
labor, services, or equipment to the Contractor for the performance of the Work shall
become thereby a third-party beneficiary of this Contract.
The Contract shall not be construed to create a contractual relationship of any kind
between the Contracting Agency and a subcontractor or any other person except the
Contractor.
7. With the exception of the Commercial Automobile liability coverage, no policies
of insurance required under this section shall contain an arbitration or alternative
dispute resolution clause applicable to disputes between the insurer and its insureds.
Any and all disputes concerning (i) terms and scope of insurance coverage afforded
by the policies required hereunder and/or (ii) extra contractual remedies and relief,
which may be afforded policy holders in connection with coverage disputes, shall be
resolved in Washington State Superior Court, applying Washington law.
8. Failure on the part of the Contractor to maintain the insurance as required, or failure
to provide certification and copies of the insurance prior to the time specified shall
constitute a material breach of Contract upon which the Contracting Agency may, at
its sole discretion:
a. immediately suspend all Work, except that required for maintaining public safety,
as provided in item 2 of Section 1-08.6 until the required insurance is in place, at
no expense to the Contracting Agency, or
b. procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the Contracting Agency on
demand, or at the sole discretion of the Contracting Agency, offset against funds
due the Contractor from the Contracting Agency, or.
c. implement other remedies as provided in the Contract for Contractor breach of
Contract.
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All costs for insurance, including any payments of deductible amounts, shall be
considered incidental to and included in the unit Contract prices and no additional
payment will be made.
1-07.18(5) Required Insurance Policies
1.Owners and Contractors Protective (OCP) Insurance providing bodily injury and
property damage liability coverage, with limits of $3,000,000 per occurrence and
per project in the aggregate for each policy period, which shall be written solely on
Insurance Services Office (ISO) form CG0009 1204, together with Washington State
Department of Transportation amendatory endorsement CG 2908 1195, specifying
the Contracting Agency, the State, the Governor, the Commission, the Secretary,
the Department, and all officers and employees of the State as named insured. No
other forms or exclusions shall be accepted, added or amended to this policy. This
policy shall be kept in force from the execution date of the Contract until the Physical
Completion Date. OCP Insurance shall not be subject to a deductible or contain
provisions for a deductible, nor shall it provide for any language rendering it excess
over any other coverage available to a named insured for the claims alleged.
2.Commercial General Liability (CGL) Insurance written under ISO Form CG0001, with
minimum limits of $3,000,000 per occurrence and in the aggregate for each 1-year
policy period. This coverage must be on a primary and non-contributory basis only.
Products and completed operations coverage shall be provided for a period of 3 years
following Substantial Completion of the Work. At the discretion of the Contractor,
the CGL may contain provisions for a deductible. If a deductible applies to any claim
under this policy, then payment of that deductible will be the responsibility of the
Contractor, notwithstanding any claim of liability against the Contracting Agency.
However, in no event shall any provision for a deductible provide for a deductible in
excess of $50,000.00.
3.Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or
used in the performance of the Work, with a combined single limit of not less than
$1,000,000 per occurrence. This coverage may be any combination of primary,
umbrella, or excess liability coverage affording total liability limits of not less than
$1,000,000 per occurrence, with the State named as an additional insured or
designated insured in connection with the Contractor’s performance of the Contract.
If pollutants are to be transported, MCS 90 and CA 99 48 endorsements are required
on the Commercial Automobile Liability insurance policy unless in-transit pollution
risk is covered under a Pollution Liability insurance policy. At the discretion of the
Contractor the Commercial Automobile Liability policy may contain provisions for a
deductible. If a deductible applies to any claim under this policy, then payment of that
deductible will be the responsibility of the Contractor, notwithstanding any claim of
liability against the Contracting Agency. However, in no event shall any provision for a
deductible provide for a deductible in excess of $50,000.00.
1-07.19 Gratuities
The Contractor shall not extend any loan, gratuity, or gift of money in any form
whatsoever to any employee or officer of the Contracting Agency; nor will the Contractor
rent or purchase any equipment or materials from any employee or officer of the
Contracting Agency. Before payment of the final estimate will be made, the Contractor
shall execute and furnish the Contracting Agency an affidavit certifying compliance with
these provisions of the Contract.
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The Contractor shall comply with all applicable sections of the State Ethics law, RCW
42.52, which regulates gifts to State officers and employees. Under that statute, any
Contracting Agency officer or employee who has or will participate with the Contractor
regarding any aspect of this Contract is prohibited from seeking or accepting any gift,
gratuity, favor or anything of economic value from the Contractor. Accordingly, neither the
Contractor nor any agent or representative shall offer anything of economic value as a gift,
gratuity, or favor directly or indirectly to any such officer or employee.
1-07.20 Patented Devices, Materials, and Processes
The Contractor shall assume all costs arising from the use of patented devices, materials,
or processes used on or incorporated in the Work, and agrees to indemnify, defend, and
save harmless the State, Governor, Commission, Secretary, and their duly authorized
agents and employees from all actions of any nature for, or on account of the use of all
patented devices, materials, or processes.
1-07.21 Rock Drilling Safety Requirements
It shall be the Contractor’s responsibility to maintain safe working conditions during rock
drilling, by keeping dust concentration below the threshold limit value or by providing
those protective devices that may be required by the State Department of Labor
and Industries.
1-07.22 Use of Explosives
When using explosives, the Contractor shall use the utmost care to protect life and
property, to prevent slides, and to leave undisturbed all materials, outside the neat lines
of the cross-section.
Explosives shall be handled, marked, stored, and used in compliance with WAC
296-52 and such local laws, rules, and regulations that may apply. The stricter
provisions shall apply.
All explosives shall be stored securely as required by all laws and ordinances that apply.
Each storage place shall be clearly marked: “Dangerous-Explosives”. No explosives shall be
left unprotected.
If public utilities or railroads own equipment near the blast site, the Contractor shall notify
the owners of the location, date, time, and approximate duration of the blasting. This
notice shall be given sufficiently in advance to enable all owners to take any steps as they
deem necessary to protect their property from injury.
Blasting near proposed Structures shall be completed before Work on them begins. When
the use of explosives is necessary for the prosecution of the Work, the Contractor’s
insurance shall contain a special clause permitting the blasting.
1-07.23 Public Convenience and Safety
The Contractor shall be responsible for providing adequate safeguards, safety devices,
protective equipment, and any other needed actions to protect the life, health, and
safety of the public, and to protect property in connection with the performance of the
Work covered by the Contract. The Contractor shall perform any measures or actions the
Engineer may deem necessary to protect the public and property. The responsibility and
expense to provide this protection shall be the Contractor’s except that which is to be
furnished by the Contracting Agency as specified in other sections of these Specifications.
Nothing contained in this Contract is intended to create any third-party beneficiary rights
in favor of the public or any individual utilizing the Highway facilities being constructed or
improved under this Contract.
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1-07.23(1) Construction Under Traffic
The Contractor shall conduct all operations with the least possible obstruction and
inconvenience to the public. The Contractor shall have under construction no greater
length or amount of Work than can be prosecuted properly with due regards to the
rights of the public. To the extent possible, the Contractor shall finish each section before
beginning Work on the next. The Contractor shall enter interstate Highways only through
legal movements from existing roads, streets, and through other access points specifically
allowed by the Contract documents.
To disrupt public traffic as little as possible, the Contractor shall permit traffic to pass
through the Work with the least possible inconvenience or delay. The Contractor shall
maintain existing roads, streets, sidewalks, and paths within the project limits, keeping
them open and in good, clean, safe condition at all times. Accessibility to existing or
temporary pedestrian push buttons shall not be impaired. Deficiencies caused by the
Contractor’s operations shall be repaired at the Contractor’s expense. The Contractor
shall also maintain roads, streets, sidewalks, and paths adjacent to the project limits when
affected by the Contractor’s operations. Snow and ice control will be performed by the
Contracting Agency on all projects. Cleanup of snow and ice control debris will be at the
Contracting Agency’s expense. The Contractor shall perform the following:
1. Remove or repair conditions resulting from the Work that might impede traffic or
create a hazard.
2. Keep existing traffic signal and Highway lighting systems in operation as the Work
proceeds. (The Contracting Agency will continue the routine maintenance on
such system.)
3. Maintain the striping on the Roadway at the Contracting Agency’s expense. The
Contractor shall be responsible for scheduling when to renew striping, subject to the
approval of the Engineer. When the scope of the project does not require Work on
the Roadway, the Contracting Agency will be responsible for maintaining the striping.
4. Maintain existing permanent signing. Repair of signs will be at the Contracting
Agency’s expense, except those damaged due to the Contractor’s operations.
5. Keep drainage Structures clean to allow for free flow of water. Cleaning of existing
drainage Structures will be at the Contracting Agency’s expense when approved by
the Engineer, except when flow is impaired due to the Contractor’s operations.
To protect the rights of abutting property owners, the Contractor shall:
1. Conduct the construction so that the least inconvenience as possible is caused to
abutting property owners;
2. Maintain ready access to driveways, houses, and buildings along the line of Work;
3. Provide temporary approaches to crossing or intersecting roads and keep these
approaches in good condition; and
4. Provide another access before closing an existing one whenever the Contract calls for
removing and replacing an abutting owner’s access.
When traffic must pass through grading areas, the Contractor shall:
1. Make cuts and fills that provide a reasonably smooth, even Roadbed;
2. Place, in advance of other grading Work, enough fill at all culverts and bridges to
permit traffic to cross;
3. Make Roadway cuts and fills, if ordered by the Engineer, in partial-width lifts,
alternating lifts from side to side to permit traffic to pass on the side opposite
the Work;
4. Install culverts on half the width of the Traveled Way, keeping the other half open to
traffic and unobstructed until the first half is ready for use;
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5. After rough grading or placing subsequent layers, prepare the final Roadbed to a
smooth, even surface (free of humps and dips) suitable for use by public traffic; and
6. Settle dust with water, or other dust palliative, as the Engineer may order.
If grading Work is on or next to a Roadway in use, the Contractor shall finish the grade
immediately after rough grading and place surfacing materials as the Work proceeds.
The Contractor shall conduct all operations to minimize drop-offs (abrupt changes in
roadway elevation) left exposed to traffic during nonworking hours. Unless otherwise
specified in the Traffic Control Plan, drop-offs left exposed to traffic during nonworking
hours shall be protected as follows with an accepted traffic control plan submittal in
accordance with Section 1-10.2(2):
1. Drop-offs up to 0.20 foot, unless otherwise ordered by the Engineer, may remain
exposed with appropriate warning signs alerting motorists of the condition.
2. Drop-offs more than 0.20 foot that are in the Traveled Way or Auxiliary Lane will not
be allowed unless protected with appropriate warning signs and further protected as
indicated in 3b or 3c below.
3. Drop-offs more than 0.20 foot, but no more than 0.50 foot, that are not within the
Traveled Way shall be protected with appropriate warning signs and further protected
by having one of the following:
a. A wedge of compacted stable material placed at a slope of 4:1 or flatter.
b. Channelizing devices (Type I barricades, plastic safety drums, or other devices
36 inches or more in height) placed along the traffic side of the drop-off and a
new edge of pavement stripes placed a minimum of 3 feet from the drop-off.
The maximum spacing between the devices in feet shall be the posted speed in
miles per hour. Pavement drop-off warning signs shall be placed in advance and
throughout the drop-off treatment.
c. A temporary concrete barrier, temporary steel barrier, or other approved traffic
barrier installed on the traffic side of a drop-off with a new edge line placed a
minimum of 2-feet from the traffic face of the barrier. The barrier shall have a
lateral offset from the edge of the drop-off to the back of the barrier as follows:
i. A minimum offset of 3-feet for temporary Type F or Type 2 concrete barrier
when not anchored.
ii. A minimum offset of 1-foot for temporary Type F or Type 2 concrete barrier
when anchored on hot mix asphalt pavement as shown on WSDOT Standard
Plan C-60.10 or K-80.35.
iii. A minimum offset of 1-foot for temporary Type F concrete barrier when
anchored on cement concrete pavement as shown on WSDOT Standard Plan
C-60.10.
iv. A minimum offset of 9-inches for temporary Type F or Type 2 concrete
barrier when anchored on cement concrete pavement and/or concrete bridge
decks as shown on WSDOT Standard Plan K-80.35.
v. A minimum offset of 6-inches or 9-inches for temporary Type F or Type 2
narrow base concrete barrier when anchored on cement concrete pavement
and concrete bridge decks as shown on WSDOT Standard Plan K-80.37.
vi. A minimum offset following manufacturer recommendations for temporary
steel barrier when not anchored; or when anchored on hot mix asphalt
pavement, cement concrete pavement, or concrete bridge decks.
vii. A minimum offset as directed by the Engineer for any barrier type or
configuration not shown in this Section.
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An approved terminal, flare, or impact attenuator is required at the approach end
of the barrier run, and is required at the trailing end of a barrier run in two-way
operations when shown in the plans or as directed by the Engineer.
4. Drop-offs more than 0.50 foot not within the Traveled Way or Auxiliary Lane shall be
protected with appropriate warning signs and further protected as indicated in 3a, 3b,
or 3c if all of the following conditions are met:
a. The drop-off is less than 2 feet;
b. The total length throughout the project is less than 1 mile;
c. The drop-off does not remain for more than 3 working days;
d. The drop-off is not present on any of the holidays listed in Section 1-08.5; and
e. The drop-off is only on one side of the Roadway.
5. Drop-offs more than 0.50 foot that are not within the Traveled Way or Auxiliary Lane
and are not otherwise covered by No. 4 above shall be protected with appropriate
warning signs and further protected as indicated in 3a or 3c.
6. Open trenches within the Traveled Way or Auxiliary Lane shall have a steel-plate
cover placed and anchored over them. A wedge of suitable material, if required, shall
be placed for a smooth transition between the pavement and the steel plate. Warning
signs shall be used to alert motorists of the presence of the steel plates.
1-07.23(2) Construction and Maintenance of Detours
Unless otherwise approved, the Contractor shall maintain two-way traffic during
construction. The Contractor shall build, maintain in a safe condition, keep open to traffic,
and remove when no longer needed:
1. Detours and detour bridges that will accommodate traffic diverted from the Roadway,
bridge, sidewalk, or path during construction;
2. Detour crossings of intersecting Highways; and
3. Temporary approaches.
Unit Contract prices will cover construction, maintenance, and removal of all detours
shown in the Plans or proposed by the Contracting Agency.
The Contractor shall pay all costs to build, maintain, and remove all other detours,
whether built for the Contractor’s convenience or to facilitate construction operations.
Detours proposed by the Contractor shall not be built until the Engineer approves.
Surfacing and paving shall be consistent with traffic requirements.
Upon failure of the Contractor to immediately provide, maintain, or remove detours or
detour bridges when ordered to do so by the Engineer, the Contracting Agency may,
without further notice to the Contractor or the Surety, provide, maintain, or remove
the detours or detour bridges and deduct the costs from payments due or coming due
the Contractor.
1-07.23(3) Work Zone Clear Zone
The Work Zone Clear Zone (WZCZ) applies during working and nonworking hours.
The WZCZ applies only to temporary roadside objects introduced by the Contractor’s
operations and does not apply to preexisting conditions or permanent Work. Those work
operations that are actively in progress shall be in accordance with adopted and approved
Traffic Control Plans, and other contract requirements.
During nonworking hours equipment or materials shall not be within the WZCZ unless
they are protected by permanent guardrail or temporary concrete barrier. The use
of temporary concrete barrier shall be permitted only if the Engineer approves the
installation and location.
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During actual hours of work, unless protected as described above, only materials
absolutely necessary to construction shall be within the WZCZ and only construction
vehicles absolutely necessary to construction shall be allowed within the WZCZ or
allowed to stop or park on the shoulder of the roadway.
The Contractor’s nonessential vehicles and employees private vehicles shall not be
permitted to park within the WZCZ at any time unless protected as described above.
Deviation from the above requirements shall not occur unless the Contractor has
requested the deviation in writing and the Engineer has provided written approval.
Minimum WZCZ distances are measured from the edge of traveled way and will be
determined as follows:
Minimum Work Zone Clear Zone Distance
Regulatory Posted Speed Distance From Traveled Way (Feet)
35 mph or less 10
40 mph 15
45 to 50 mph 20
55 to 60 mph 30
65 mph or greater 35
1-07.24 Rights of Way
All rights of way for the completed facility will be provided by the Contracting Agency in
advance of construction. Any exceptions will be noted in the Special Provisions. Should
the necessary Right of Way not be available as provided in the Contract, an extension of
time will be considered in accordance with Section 1-08.8.
1-07.25 Opening of Sections to Traffic
The Contracting Agency reserves the right to use and open to traffic any portion of the
Work before the Physical Completion Date of the entire Contract without constituting
acceptance of the Work. This action will not cause the Contracting Agency to incur liability
to the Contractor except as may otherwise be provided in the Contract.
If the Contracting Agency opens a portion of the Work prior to the Physical Completion
Date of the entire Contract because early opening is specified in the Contract or when
the Contractor has failed to prosecute the Work continuously and efficiently, all remaining
Work shall be performed by the Contractor at the unit Contract prices for the items of
Work involved. No additional payment will be made for costs incurred by the Contractor
because of: (1) inconvenience, additional length of travel to conform to established traffic
patterns and planned access features; (2) compliance with statutes governing traffic
regulations and limitations of loads; or (3) additional flagging costs necessary to protect
the operations and the traveling public. The Contractor shall take all costs due to traffic
using portions of the Work into account when submitting the Bid Proposal, and the unit
Contract prices for the various items of Work involved shall include these costs.
1-07.26 Personal Liability of Public Officers
Neither the Governor, the Commission, the Secretary, the Engineer, nor any other
officer or employee of the State shall be personally liable for any acts or failure to act in
connection with the Contract, it being understood that in such matters, they are acting
solely as agents of the State.
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1-07.27 No Waiver of State’s Legal Rights
The State shall not be precluded or estopped by any measurement, estimate, or
certificate made either before or after the completion and acceptance of the Work
and payment therefore from showing the true amount and character of the Work
performed and materials furnished by the Contractor, or from showing that any such
measurement, estimate, or certificate is untrue or incorrectly made, or that the Work
or materials do not conform in fact to the Contract. The State shall not be precluded or
estopped, notwithstanding any such measurement, estimate, or certificate, and payment
in accordance therewith, from recovering from the Contractor and the Sureties such
damages as it may sustain by reason of the Contractor’s failure to comply with the terms
of the Contract. Neither the acceptance by the Secretary, nor any payment for the whole
or any part of the Work, nor any extension of time, nor any possession taken by the State
shall operate as a waiver of any portion of the Contract or of any power herein reserved
or any right to damages herein provided, or bar recovery of any money wrongfully or
erroneously paid to the Contractor. A waiver of any breach of the Contract shall not be
held to be a waiver of any other or subsequent breach.
The Contractor and the State recognize that the impact of overcharges to the State by
the Contractor resulting from antitrust law violations by the Contractor’s suppliers or
subcontractors adversely affect the State rather than the Contractor. Therefore, the
Contractor agrees to assign to the State any and all claims for such overcharges.
1-07.28 Railroads
1-07.28(1) General
The Contractor shall protect all of the Railroad Company’s property and facilities from
damage resulting from the Work.
The Contractor shall not interfere with or menace the integrity or safe and successful
operations of the Railroad Company or its appurtenances, trains, or facilities.
The Contractor shall not transport equipment, machinery, or materials across the Railroad
Company’s tracks, except at a public crossing, without the written consent of the Railroad
Company.
No Work shall commence within the Railroad Company’s Property unless and until the
Contractor has executed, delivered, and received in return the fully executed Contractor’s
Right-of-Entry Agreement or Permit from the Railroad Company, and has obtained all of
the insurance required by the Railroad Company as specified therein. All Work within the
Railroad Company’s right of way or within 25 feet of centerline of the nearest tracks shall
be in accordance with the Contractor’s Right of Entry Agreement or Permit.
The Contractor is responsible to participate in all coordination meetings with the Engineer
and Railroad Company, provide schedule information and Working Drawings, and
provide notifications as described herein. The Railroad Company will coordinate with the
Contracting Agency, review all Working Drawings, and supervise all Work on the Railroad
Right of Way.
No act of the Railroad Company in supervising or approving any Work shall reduce or
affect the liability of the Contractor for damages, expense, or cost which may result to the
Railroad Company from the construction of this Contract.
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1-07.28(2) Submittals and Working Drawings
All submittals and Working Drawings prepared by the Contractor for review by the
Railroad Company shall be Type 3 or 3E Working Drawings. The Contractor shall submit
Working Drawings to the Engineer. The Contracting Agency will coordinate Working
Drawing review with the Railroad Company. The Contractor shall develop a progress
schedule that includes Working Drawing reviews by the Railroad Company.
1-07.28(3) Protection of Railroad Right of Way and Other Property
At the Contractor’s expense, the Contractor shall exercise care and prosecute the Work
protecting the Railroad Company’s property, appurtenances, right of way, trains or
facilities, from damage, destruction, interference or injury caused by the Contractor’s
operations.
1-07.28(4) Protection of Railroad Operations
The Railroad Company will specify what periods will be available to the Contractor for
executing the Work in which the Railroad Company’s tracks will be obstructed or made
unsafe for operation of the railroad. No interference with BNSF Railway Company and
Union Pacific Railroad operations will be permitted between October 1 and December 31.
The Railroad Company may change these requirements to be more or less restrictive.
Requests for extensions of time due to additional railroad restrictions shall be in
accordance with Section 1-08.8. Railroad restrictions and changes to railroad restriction
will not be eligible for a cost adjustment.
In the event that an emergency occurs in connection with the Work specified, the Railroad
Company reserves the right to do any and all work that may be necessary to maintain
railroad traffic. If the emergency is caused by the Contractor, the Contractor shall be
responsible for all Railroad Company costs associated with the emergency response.
1-07.28(5) Railroad Company Training Required for Contractor Employees
Each person providing labor, material, supervision, or services connected with the Work
to be performed within 25 feet of the centerline of the tracks or within railroad property
shall complete a safety orientation session online at https://bnsfcontractor.com or
www.contractororientation.com, and agree to abide by all applicable safety regulations
and rules.
1-07.28(6) Railroad Protective Services
For purposes of Section 1-07.28, Railroad Protective Services shall mean work done by
the Railroad Company or its agents to protect the Railroad Company’s facilities, property,
and movement of its trains or engines, including railroad flagging and other devices,
required by the Railroad Company as a result of the Contractor’s operations. The nature
and extent of Railroad The Contractor shall notify the Railroad Company a minimum of
30 calendar days in advance of whenever the Contractor is about to perform Work within
Railroad Company property or within 25 feet of the centerline of tracks to enable the
Railroad Company to provide flagging or other Railroad Protective Services.
Protective Services, personnel and other measures required will in all cases be determined
by the Railroad Company. Nothing in these specifications will limit the Railroad Company’s
right to determine and assign the number of personnel, the classes of personnel for
Railroad Protective Services nor other Railroad Protective Services measures it deems
necessary. The Railroad Company will furnish such flaggers or inspectors as they deem
necessary.
The Contractor shall submit to the Railroad Company and the Engineer, in writing, an
itinerary of work within the Railroad Company’s right of way or otherwise requiring a
Railroad Company flagger for the following week. If such work spans multiple weeks, the
itinerary shall be provided in advance of each work week.
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Unless otherwise provided, all personnel assigned by the Railroad Company, other than
those engaged in performing work by the Railroad Company as listed under Construction
Work by Railroad Company, will be considered Railroad Protective Services personnel.
The Railroad Company’s policy for assignment of railroad flaggers requires that the
flagging position is established for fixed work days and times. Any railroad flagging
performed outside of these parameters may be subject to overtime costs. The Contractor
shall verify with the Railroad Company what categories of railroad flagging constitute
overtime work and obtain prior authorization from the Engineer before coordinating with
the Railroad Company for flagging requiring overtime payments.
1-07.28(7) Railroad Insurance
The Contractor, its subcontractors or agents, shall at its own expense, obtain and maintain
in force all insurance required by Railroad until the completion date of the contract as
described in Section 1-08.5 except as stated herein.
When all the Work involving construction activities within or immediately adjacent to
the railroad right of way is completed, the Contractor may make a written request to the
Engineer to be relieved of the responsibility to continue all or part of the insurance. If
the Engineer deems the portion of the Work in that area is complete, the Engineer may
approve the Contractor’s request. However, if for any reason the Contractor resumes
or starts new Work in that area (including being ordered to do so by the Engineer), the
insurance shall be reinstated by the Contractor before the Work is started. If the insurance
must be reinstated because of the Contractor’s operations or failure of the Contractor
to perform all the Contract requirements, the costs shall be the responsibility of the
Contractor. If the insurance must be reinstated because of changes to the Contract, the
costs will be considered in accordance with Section 1-04.4.
1-07.28(8) Measurement and Payment
All costs to comply with this Section, unless otherwise stated, are incidental to the
Contract and are the responsibility of the Contractor. The Contractor shall include all
related costs in the unit Bid prices of the Contract.