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

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Legal Relations and Responsibilities to the Public

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 certified mail 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 any 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.

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

www.wsdot.wa.gov/environment/

technical/disciplines/hazardous-materials/spill-prevent-report

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The SPCC Plan shall address all fuels, petroleum products, hazardous materials, and
other materials defined in Chapter 447 of the WSDOT

Environmental Manual

M 31-

11. Occupational safety and health requirements that may pertain to SPCC Plan
implementation are contained in, but not limited to,

WAC 296-824

and

WAC 296-843

The SPCC Plan shall address conditions that may be required by Section 3406 of the
current International Fire Code, or as approved by the local Fire Marshal.

Implementation Requirements

The Contractor shall update the SPCC Plan throughout project construction so that the
written plan reflects actual site conditions and practices. The Contractor shall update the
SPCC Plan at least annually and maintain a copy of the updated SPCC Plan on the project
site. The Contractor shall fully implement the SPCC Plan, as accepted and updated, at all
times.

SPCC Plan Element Requirements

The SPCC Plan shall set forth the following information in the following order:
1. Responsible Personnel – Identify the names, titles, and contact information for the

personnel responsible for implementing and updating the plan and for responding to
spills.

2. Spill Reporting – List the names and telephone numbers of the Federal, State, and

local agencies the Contractor shall notify in the event of a spill.

3. Project and Site Information – Describe the following items:

a.  The project Work.
b.  The site location and boundaries.
c.  The drainage pathways from the site.
d.  Nearby waterways and sensitive areas and their distances from the site.

4. Potential Spill Sources – Describe each of the following for all potentially hazardous

materials brought or generated on-site including but not limited to materials used for
equipment operation, refueling, maintenance, or cleaning:
a.  Name of material and its intended use.
b.  Estimated maximum amount on-site at any one time.
c.  Location(s) (including any equipment used below the ordinary high water line)

where the material will be staged, used, and stored and the distance(s) from
nearby waterways and sensitive areas.

5. Preexisting Contamination – Describe any preexisting contamination and

contaminant sources (such as buried pipes or tanks) in the project area that are
described in the Contract provisions and Plans. Identify equipment and Work
practices that shall be used to prevent the release of contamination.

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6. Spill Prevention and Response Training – Describe how and when all project

personnel, including refueling personnel and other Subcontractors, shall be trained in
spill prevention, containment, and response and in the location of spill response kits.

7. Spill Prevention – Describe the following items:

a. The contents and locations of spill response kits that the Contractor shall

supply and maintain that are appropriately stocked, located in close proximity to
hazardous materials and equipment, and immediately accessible.

b. Security measures for potential spill sources to prevent accidental spills and

vandalism.

c. Methods used to prevent stormwater from contacting hazardous materials.
d. Secondary containment for each potential spill source listed in 4, above.

Secondary containment structures shall be in accordance with Section S9.D.9
of Ecology’s Construction Stormwater General NPDES Permit, where secondary
containment means placing tanks or containers within an impervious structure
capable of containing 110 percent of the volume contained in the largest
tank within the containment structure. Double-walled tanks do not require
additional secondary containment.

e. BMP methods and locations where they are used to prevent discharges to

ground or water during mixing and transfer of hazardous materials and fuel.
Methods to control pollutants shall use BMPs in accordance with Ecology’s
Construction Stormwater General NPDES Permit. BMP guidance is provided in
Ecology’s Stormwater Management Manuals, such as Volume II – Construction
Stormwater Pollution Prevention, BMP C153, and Volume IV – Source Control
BMPs.

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.

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:

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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.

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.

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.

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1-07.16

Protection and Restoration of Property

1-07.16(1) Private/Public 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 any entitlement to further use or to compensation for any conditions or
requirements imposed.

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 any 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.

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 any
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 any fence, repair any 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.

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1-07.16(2) Vegetation Protection and Restoration

Existing 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 any 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.

Any 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 any reason related to the Contractor’s operation, any tree, shrub, 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.

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. Any 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

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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 any 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.

1-04.4

and

1-08.8

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1-07.16(5) 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.

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

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1-07.17(2) Utility Construction, Removal, or Relocation by Others

Any authorized agent 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. Any 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

The Contractor shall obtain and keep in force the following policies of insurance. The
policies shall be with companies or through sources approved by the State Insurance
Commissioner pursuant to

RCW 48.05

. 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

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, written 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. This policy shall
be kept in force from the execution date of the Contract until the Physical
Completion Date.

2. Commercial General Liability (CGL) Insurance written under ISO Form CG0001 or its

equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate
for each 1-year policy period. This coverage may be any combination of primary,
umbrella, or excess liability coverage affording total liability limits of not less than
$3,000,000 per occurrence and in the aggregate. Products and completed operations

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coverage shall be provided for a period of 3 years following Substantial Completion
of the Work.

3. Commercial Automobile Liability Insurance providing bodily injury and property

damage liability coverage for all owned and nonowned 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.

4. 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. Said insurance coverage shall be primary and
noncontributory insurance with respect to the insureds and the Additional Insureds.
Any insurance or self-insurance beyond that specified in this Contract that is
maintained by any 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.

All endorsements adding Additional Insureds to required policies shall be issued on
(i) form CG 20 10 11 85 or a form deemed equivalent by the Contracting Agency,
providing the Additional Insureds with all policies and coverages set forth in this
section, with the exception of the OCP and Commercial Auto policies or (ii) form CA
20 48 or forms deemed equivalent by Contracting Agency, providing the Additional
Insureds with all coverages required under the Commercial Automobile Liability.

5. 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 both general liability and products/completed operations claims.
The additional insured 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

any Special Provision, then those additional coverage limits shall also apply to the
Contracting Agency and the Additional Insured. This includes, but is not limited to,
any coverage limits provided under any risk financing program of any description,
whether such limits are primary, excess, contingent, or otherwise.

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6. 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.

7. 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”.

8. Unless specifically noted otherwise in the Contract Documents, 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 Documents. 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 Documents 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.

9. The Owners and Contractors Protective Insurance policy shall not be subject

to a deductible or contain provisions for a deductible. The Commercial General
Liability policy and the Commercial Automobile Liability Insurance policy may, at the
discretion of the Contractor, contain such provisions. If a deductible applies to any
claim under these policies, 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.

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10. 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 Superior Court, applying Washington law.

11. Prior to Contract execution, the Contractor shall file with the Department of

Transportation, Contract Payment Section, PO Box 47420, Olympia, WA 98504-
7420, ACORD Form Certificates of Insurance evidencing the minimum insurance
coverages required under these Specifications. Within 30 days of being awarded a
Contract, the Contractor shall provide the Department with complete copies, which
may be electronic copies, of all insurance policies required under this section and any
Special Provisions.

12. The Contractor shall provide written notice to the Engineer of any policy

cancellations and provide the Department of Transportation, Contract Payment
Section, PO Box 47420, Olympia, WA 98504-7420, by U.S. Mail, notice of any policy
cancellation within two business days of receipt of cancellation.

13. Failure on the part of the Contractor to maintain the insurance as required, or not

to provide certification and copies of the insurance prior to the time specified in
Subsection 11 above, shall constitute a material breach of Contract upon which the
Contracting Agency may, after giving 5-business days notice to the Contractor to
correct the breach, immediately terminate the Contract or, at its discretion, 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. 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.

1-07.19 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.

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.

Page 1-98

Legal Relations and Responsibilities to the Public

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 any
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.

Legal Relations and Responsibilities to the Public

1-07

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 any condition 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.

Page 1-100

Legal Relations and Responsibilities to the Public

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;

5. After rough grading or placing any 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 any 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:
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. Temporary concrete barrier or other approved barrier installed on the traffic

side of the drop-off with 2 feet between the drop-off and the back of the
barrier and a new edge of pavement stripe a minimum of 2 feet from the face
of the barrier. An approved terminal, flare, or impact attenuator will be required
at the beginning of the section. For night use, the barrier shall have standard
delineation such as paint, reflective tape, lane markers, or warning lights.

Legal Relations and Responsibilities to the Public

1-07

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 any other detours,
whether built for the Contractor’s convenience or to facilitate construction operations.
Any detour 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 any payments due or coming due
the Contractor.

Standard Specifications for Road, Bridge, and Municipal Construction 2020 (M 41-10) - page 20