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

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Legal Relations and Responsibilities to the Public

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 under their control (including service providers,
Subcontractors, and lower tier subcontractors) 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 (2004 or later version) and shall be used in accordance with manufacturer
recommendations.

1-07.8(1) Traffic Control Personnel

All personnel performing the Work described in

Section 1-10

(including traffic control

supervisors, flaggers, spotters, 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 Class 2 or 3 vest or jacket, and hardhat meeting the high-visibility
headwear requirements of

WAC 296-155-305

; and

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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 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 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, any Subcontractor, 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 any amounts above the
minimums that will actually have to be paid. The Contractor shall bear the cost of paying
wages above those shown in the Contract Provisions.

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.

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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
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 any firm (Supplier, Manufacturer, or Fabricator) that
falls 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 (Subcontractors, lower tier subcontractors, Suppliers,

Manufacturers, or Fabricators) engaged in any 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, any Subcontractor, any lower tier subcontractor, or any other firm that
is 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.

Listing Recovery Act (and other) new hire opportunities with the Employment Security
Department.

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There are many talented people currently unemployed. As the signs on the Contracting
Agency’s projects advertise, the Recovery Act is about creating jobs and putting people
back to work. As a companion effort, the Employment Security Department has been
charged with giving people the opportunity to compete for these jobs. Their tool for doing
so is WorkSource. WorkSource is a free service located across the State that screens,
shortlists, and refers qualified candidates.

WorkSource employees are aware that the Contractor has other commitments as part of
your business practices and as part of the Contract. Contractors may be subject to hiring
commitments such as Equal Employment Opportunity or union commitments. However,
utilizing WorkSource can be an essential effort as part of their various good faith efforts.

WorkSource is a resource that is available across the State. Contractors who have been
awarded WSDOT Contracts shall be prepared to discuss their recruitment plans and
how WorkSource will be incorporated into that effort at the preconstruction conference.
WorkSource has a simple process for requesting and reporting new hires.

The Contractor may contact the ARRA Business Unit at 877-453-5906 (toll free) or

ARRA@esd.wa.gov

. There is additional information available on the website at

https://fortress.wa.gov/esd/worksource

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.

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11. F700-074-909 – 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, each lower tier subcontractor, and any other firm
(Supplier, Manufacturer, or Fabricator) that falls 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

If employing apprentices, the Contractor shall submit to the Engineer written evidence
showing:
1. Each apprentice is enrolled in a program approved by the Washington State

Apprenticeship and Training Council;

2. The progression schedule for each apprentice; and
3. The established apprentice-journey level ratios and wage rates in the project locality

upon which the Contractor will base such ratios and rates under the Contract.
Any worker for whom an apprenticeship agreement has not been registered and
approved by the Washington State Apprenticeship and Training Council shall be paid
at the prevailing hourly journey level rate as provided in

RCW 39.12.021

1-07.9(4) 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.

1-07.9(5) Required Documents

On forms provided by the Industrial Statistician of State L&I, the Contractor shall submit
to the Engineer the following for itself and for each firm covered under

RCW 39.12

that

provided Work and materials for the Contract:
1. A copy of an approved “Statement of Intent to Pay Prevailing Wages” State L&I’s

form number F700-029-000. 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 a copy of the approved form has been submitted to the Engineer.

2. A copy of an approved “Affidavit of Prevailing Wages Paid”, State L&I’s form number

F700-007-000

. The Contracting Agency will not grant Completion until all approved

Affidavit of Wages paid for Contractor and all Subcontractors have been received by
the Engineer. The Contracting Agency will not release to the Contractor any funds
retained under

RCW 60.28.011

until all of the “Affidavit of Prevailing Wages Paid”

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forms have been approved by State L&I and a copy of all the approved forms have
been submitted to the Engineer.

The Contractor shall be responsible for requesting these forms from State L&I and for
paying any approval fees required by State L&I.

Certified payrolls are required to be submitted by the Contractor to the Engineer, for the
Contractor and all Subcontractors or lower tier subcontractors, on all Federal-aid projects
and, when requested in writing by the Engineer, on projects funded with only Contracting
Agency funds. If these payrolls are not supplied within 10 calendar days of the end of
the preceding weekly payroll period for Federal-aid projects or within 10 calendar days
from the date of the written request on projects with only Contracting Agency funds,
any or all payments may be withheld until compliance is achieved. Also, failure to provide
these payrolls could result in other sanctions as provided by State laws (

RCW 39.12.050

)

and/or Federal regulations (29 CFR 5.12). All certified payrolls shall be complete and
explicit. Employee labor descriptions used on certified payrolls shall coincide exactly with
the labor descriptions listed on the minimum wage schedule in the Contract unless the
Engineer approves an alternate method to identify the labor used by the Contractor to
compare with the labor listed in the Contract Provisions. When an apprentice is shown
on the certified payroll at a rate less than the minimum prevailing journey wage rate, the
apprenticeship registration number for that employee from the State Apprenticeship and
Training Council shall be shown along with the correct employee classification code.

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 any payment required by Title 50 or Title 51 is not made when due, the Contracting
Agency may retain such payments from any 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.

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.

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Legal Relations and Responsibilities to the Public

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 any 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) 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(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.

Repeating rumors about individuals in the Work Site that are considered to be
harassing or harmful to the individual’s reputation.

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.

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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 federal laws and regulations and made in connection
with all program and activities and, in adapted form in all proposals for negotiated
agreements:

The Contractor in accordance to Title VI of the Civil Rights Act of 1964, 78 Stat.252,
42 U.S. Code 2000d to 2000d-4, and Title 49 Code of Federal Regulations, Part
21, hereby notifies all bidders that it will affirmatively ensure that in any contract
entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not
be discriminated against on the grounds of race, color national origin and sex 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.

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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 shall comply with the Regulations

relative to nondiscrimination in federally assisted programs of the Department of
Transportation (hereinafter DOT), Title 49, Code of Federal Regulations, part 21, 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, sex, or national
origin in the selection and retention of Subcontractors, including procurement
of materials and leases of equipment. The Contractor shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the Contract covers a program
set forth in Appendix B of the Regulations.

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 Regulations relative to nondiscrimination on the ground of race, color, sex, or
national origin.

4. Information and Reports – The Contractor shall provide all information and reports

required by the 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 Regulations, orders 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.

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6. Incorporation of Provisions – The Contractor shall include the provisions of

paragraphs (1) through (5) in every subcontract, including procurement of materials
and leases of equipment, unless exempt by the 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, however, that in the event a Contractor becomes involved in, or is
threatened with, litigation with a Subcontractor or supplier as a result of such
direction, the Contractor may request the Washington State Department of
Transportation enter into such litigation to protect the interests of the state and,
in addition, the Contractor may request the United States to enter into such litigation
to protect the interests of the United States.

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.

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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.

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(2)

Contractual

Requirements (1) through (5) 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.

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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 Subcontractors 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.

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.

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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 25

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 then $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 any 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 any portion of
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

Legal Relations and Responsibilities to the Public

1-07

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

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 any 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 any required 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.  Any 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.

Page 1-84

Legal Relations and Responsibilities to the Public

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

, or

, 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, any claim 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.

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 any loss or damage that may happen to the Work or any part; for any loss
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 any persons, either workers or the public;
or for damage to the public for any cause which might have been prevented by the
Contractor, or the workers, or anyone employed by the Contractor.

The Contractor shall be responsible for any 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 any
improper materials in the Work, caused in whole or in part by any 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 any 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.

Legal Relations and Responsibilities to the Public

1-07

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.

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 certified mail 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 the Claimant and WSDOT (Risk Management
Office, PO Box 47418, Olympia, WA 98504-7418) of the following:
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.

Standard Specifications for Road, Bridge, and Municipal Construction 2020 (M 41-10) - page 19