Standard Specifications for Road, Bridge, and Municipal Construction 2020 (M 41-10) - page 18

Page 1-54

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 which 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.

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.

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.

Any lot 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

All test results that only have a lower Specification limit are greater than or equal to
that limit, or

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
any 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 any defective material and replace
it 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.

Control of Material

1-06

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

. The quality level calculations for HMA compaction are

completed using the formulas in

Section 1-06.2(2)D5

. 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.

1-06.2(2)D2 Hot Mix Asphalt

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)

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, other than
HMA compaction, are as follows:
1.

Determine the arithmetic mean, X

, for each specified material constituent:

1-06.2(2)D4 Quality Level Calculation

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

USL − X

− LSL

CPF =

+ f

(

+ ⋯ + f

Σf

i = 1 to j

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

Where:

∑

= summation of x

= total number test values

Compute the sample standard deviation, “S”, for each constituent:

1-06.2(2)D4 Quality Level Calculation

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

USL − X

− LSL

CPF =

+ f

(

+ ⋯ + f

Σf

i = 1 to j

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

Where:

1-06.2(2)D4 Quality Level Calculation

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

USL − X

− LSL

CPF =

+ f

(

+ ⋯ + f

Σf

i = 1 to j

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

= summation of the squares of individual test values

1-06.2(2)D4 Quality Level Calculation

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

USL − X

− LSL

CPF =

+ f

(

+ ⋯ + f

Σf

i = 1 to j

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

= summation of the individual test values squared

Compute the upper quality index, (Q

), for each constituent:

1-06.2(2)D4 Quality Level Calculation

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

USL − X

− LSL

CPF =

+ f

(

+ ⋯ + f

Σf

i = 1 to j

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

Page 1-56

Control of Material

Compute the lower quality index, (Q

), for each constituent:

1-06.2(2)D4 Quality Level Calculation

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

USL − X

− LSL

CPF =

+ f

(

+ ⋯ + f

Σf

i = 1 to j

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

For each constituent determine P

(the percent within the upper Specification limit

which corresponds to a given Q

) from

Table 1

. If USL is 100.00 percent or is not

specified, P

will be 100. For negative values of Q

, P

(e.g., N = 15 and Q

= -0.5

will result in P

= 30) is equal to 100 minus the table P

. If the value of Q

does not

correspond exactly to a figure in the table, use the next higher value.

For each constituent determine P

(the percent within the lower Specification limit

which corresponds to a given Q

) from

Table 1

. If LSL is zero or not specified, P

will

be 100. For negative values of Q

, P

is equal to 100 minus the table P

. If the value

of Q

does not correspond exactly to a figure in the table, use the next higher value.

For each constituent determine the quality level (the total percent within
Specification limits):
Quality Level = (P

+ P

) – 100

Using the quality level from step 7, determine the pay factor (PF

) from

Table 2

for

each constituent tested.

Determine the Composite Pay Factor (CPF) for each lot.

1-06.2(2)D4 Quality Level Calculation

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

USL − X

− LSL

CPF =

+ f

(

+ ⋯ + f

Σf

i = 1 to j

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

1-06.2(2)D4 Quality Level Calculation

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

USL − X

− LSL

CPF =

+ f

(

+ ⋯ + f

Σf

i = 1 to j

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

Where:

= price adjustment factor listed in these Specifications for the applicable material

= number of constituents being evaluated

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

The procedures for determining the quality level and pay factor for HMA compaction are
as follows:
1.

Determine the arithmetic mean, X

, for the compaction of the lot:

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

Where:

= individual compaction test values for each sublot in the lot

∑x

= summation of individual compaction test values

= total number test values

Compute the sample standard deviation, “S”, for each constituent:

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

Where:

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

= summation of the squares of individual compaction test values

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

= summation of the individual compaction test values squared

Control of Material

1-06

Compute the lower quality index, (QL):

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

Where:

LSL = 92.0

Determine P

(the percent within the lower Specification limit which corresponds to

a given Q

) from Table 1. For negative values of Q

, P

is equal to 100 minus the table

. If the value of Q

does not correspond exactly to a figure in the table, use the

next higher value.

Determine the quality level (the total percent within Specification limits):

Quality Level = P

Using the quality level from step 5, determine the composite pay factor (CPF) from
Table 2.

If the CPF determined from step 6 is 1.00 or greater: use that CPF for the
compaction lot; however, the maximum HMA compaction CPF using an
LSL = 92.0 shall be 1.05.

If the CPF from step 6 is not 1.00 or greater: repeat steps 3 through 6 using an LSL
= 91.5. The value thus determined shall be the HMA compaction CPF for that lot;
however, the maximum HMA compaction CPF using an LSL = 91.5 shall be 1.00.

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

Compute the lower quality index, (Q

), for each constituent:

1-06.2(2)D4 Quality Level Calculation

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

USL − X

− LSL

CPF =

+ f

(

+ ⋯ + f

Σf

i = 1 to j

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

For each constituent determine P

(the percent within the upper Specification limit

which corresponds to a given Q

) from

Table 1

. If USL is 100.00 percent or is not

specified, P

will be 100. For negative values of Q

, P

(e.g., N = 15 and Q

= -0.5

will result in P

= 30) is equal to 100 minus the table P

. If the value of Q

does not

correspond exactly to a figure in the table, use the next higher value.

For each constituent determine P

(the percent within the lower Specification limit

which corresponds to a given Q

) from

Table 1

. If LSL is zero or not specified, P

will

be 100. For negative values of Q

, P

is equal to 100 minus the table P

. If the value

of Q

does not correspond exactly to a figure in the table, use the next higher value.

For each constituent determine the quality level (the total percent within
Specification limits):
Quality Level = (P

+ P

) – 100

Using the quality level from step 7, determine the pay factor (PF

) from

Table 2

for

each constituent tested.

Determine the Composite Pay Factor (CPF) for each lot.

1-06.2(2)D4 Quality Level Calculation

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

USL − X

− LSL

CPF =

+ f

(

+ ⋯ + f

Σf

i = 1 to j

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

1-06.2(2)D4 Quality Level Calculation

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

USL − X

− LSL

CPF =

+ f

(

+ ⋯ + f

Σf

i = 1 to j

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

Where:

= price adjustment factor listed in these Specifications for the applicable material

= number of constituents being evaluated

1-06.2(2)D5

Quality Level Calculation – HMA Compaction

The procedures for determining the quality level and pay factor for HMA compaction are
as follows:
1.

Determine the arithmetic mean, X

, for the compaction of the lot:

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

Where:

= individual compaction test values for each sublot in the lot

∑x

= summation of individual compaction test values

= total number test values

Compute the sample standard deviation, “S”, for each constituent:

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

Where:

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

= summation of the squares of individual compaction test values

1-06.2(2)D5 Quality Level Calculation – HMA Compaction

Σx

S =

nΣx

(

− Σx

(

n n − 1

(

− LSL

= summation of the individual compaction test values squared

Page 1-58

Control of Material

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. Any material 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.

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

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.

Control of Material

1-06

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 1-60

Legal Relations and Responsibilities to the Public

1-07

Legal Relations and Responsibilities to the Public

1-07.1

Laws to be Observed

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 any agents, officers, and employees) against any claims that may arise because the
Contractor (or any employee of the Contractor or Subcontractor or materialperson)
violated a legal requirement.

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

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.

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.

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

Legal Relations and Responsibilities to the Public

1-07

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 any claim 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. Any amount
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 any 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)

Page 1-62

Legal Relations and Responsibilities to the Public

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)

1-07.2(3) Services

Any contract wholly for professional or other applicable services is generally not subject
to Retail Sales Tax and therefore, the Contractor shall not collect Retail Sales Tax from the
Contracting Agency on those Contracts. Any 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.

Legal Relations and Responsibilities to the Public

1-07

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.

The Contractor shall take all reasonable 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 his/her employees and those of any Subcontractor 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

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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 any 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 any deviation
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.

5.  Prevent any 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 any project debris by removal, burning, or placement above high-water

flows.

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1-07

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.

If the Work in (1) through (3) above differs little from what the Contract requires,
the Contracting Agency will measure and pay for it at unit Contract prices. But if
Contract items do not cover those areas, the Contracting Agency will pay pursuant to

Section 1-09.4

. Work in (4) through (8) above shall be incidental to Contract pay items.

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.

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Legal Relations and Responsibilities to the Public

1-07.5(4) Air Quality

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.

When the Work includes demolition or renovation of any existing facility or structure
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).

Any requirements included in Federal regulations regarding air quality that applies to the
“owner or operator” shall be the responsibility of the Contractor.

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 any work in waters of the U.S.

1-07.5(6) U.S. Fish/Wildlife Services 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.

1-07.6

Permits and Licenses

Contractors shall obtain all required permits and licenses and give any notices these
call for.

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;

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1-07

5. The Contractor agrees in writing: (a) to comply with all the issuing agency requires,

and (b) to hold the Contracting Agency harmless for any Work-related liability
incurred under the permit; and

6. The permit costs the Contracting Agency nothing.

1-07.7

Load Limits

1-07.7(1) General

While moving equipment or materials on any public Highway, 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 any facts 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 any road open to and in use by public traffic.
2. Legal load limits shall apply on any existing road not scheduled for major

reconstruction under the current Contract.

3. The Contractor may haul overloads (not more than 25 percent above load limits)

on any 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 any load-

caused damage on any 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

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Legal Relations and Responsibilities to the Public

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 any posted weight limit on a Structure.

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 ft

Full Structure Length

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1-07

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 any 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 any 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.

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.

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