Loading...
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. Americans with Disabilities Act (ADA) Information This material can be made available in an alternate format by emailing the Office of Equity & 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 State Relay at 711. 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. Page 1-20 2023 Standard Specifications M 41-10 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. Page 1-26 2023 Standard Specifications M 41-10 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; Page 1-28 2023 Standard Specifications M 41-10 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. 2023 Standard Specifications M 41-10 Page 1-29 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.. Page 1-30 2023 Standard Specifications M 41-10 1-04 Scope of the Work 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 2023 Standard Specifications M 41-10 Page 1-31 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. Page 1-32 2023 Standard Specifications M 41-10 1-04 Scope of the Work 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. 2023 Standard Specifications M 41-10 Page 1-33 Scope of the Work 1-04 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. Page 1-34 2023 Standard Specifications M 41-10 1-04 Scope of the Work 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. 2023 Standard Specifications M 41-10 Page 1-35 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. Page 1-36 2023 Standard Specifications M 41-10 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. 2023 Standard Specifications M 41-10 Page 1-37 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, Page 1-38 2023 Standard Specifications M 41-10 1-04 Scope of the Work 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. Page 1-40 2023 Standard Specifications M 41-10 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. Page 1-48 2023 Standard Specifications M 41-10 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. 2023 Standard Specifications M 41-10 Page 1-61 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. Page 1-62 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-63 Legal Relations and Responsibilities to the Public 1-07 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). Page 1-64 2023 Standard Specifications M 41-10 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. 2023 Standard Specifications M 41-10 Page 1-65 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-66 2023 Standard Specifications M 41-10 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. 2023 Standard Specifications M 41-10 Page 1-67 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-68 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-69 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-70 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-71 Legal Relations and Responsibilities to the Public 1-07 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 Page 1-72 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-73 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-74 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-75 Legal Relations and Responsibilities to the Public 1-07 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). Page 1-76 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-77 Legal Relations and Responsibilities to the Public 1-07 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 Page 1-78 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-79 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-80 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-81 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-82 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-83 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-84 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-85 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-86 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-87 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-88 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-89 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-90 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-91 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-92 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-93 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-94 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-95 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-96 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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; 2023 Standard Specifications M 41-10 Page 1-97 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-98 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-99 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-100 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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. 2023 Standard Specifications M 41-10 Page 1-101 Legal Relations and Responsibilities to the Public 1-07 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. Page 1-102 2023 Standard Specifications M 41-10 1-07 Legal Relations and Responsibilities to the Public 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.