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

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Measurement and Payment

A firm may be considered to be acting as a Subcontractor when the Engineer
observes one or more of the following characteristics:
a. The person in charge of the firm’s activities takes an active role in managing

the overall project, including extensive coordination, interpretation of Plans,
interaction with the Contracting Agency or management of a complex and
interrelated operation.

b. Rented equipment is provided fueled, operated and maintained by the

firm. Operators of rented equipment are supervised directly by the firm’s
representative. There is little interaction between the Contractor and the
employees of the firm.

c. The firm appears to be holding the risk of performance and quality of the Work.
d. The firm appears to be responsible for liability arising from the Work.

Markups on Work Performed by Subcontractor(s):
(1) On amounts paid for Work performed by each

Subcontractor on each force account and calculated
through Subsections 1-4,

up to $25,000

12 percent

(2) On amounts greater than

$25,000 up to $100,000 10 percent

(3) On amounts greater than

$100,000

7 percent

The amounts and markup rates shall be calculated separately for each
Subcontractor on each force account item established.

The payments provided above shall be full payment for all Work done on a force
account basis. The calculated payment shall cover all expenses of every nature, kind,
and description, including those listed above and any others incurred on the Work being
paid through force account. Nothing in this provision shall preclude the Contractor from
seeking an extension of time or time-related damages to unchanged Work arising as a
result of the force account Work. The amount and costs of any Work to be paid by force
account shall be computed by the Engineer, and the result shall be final as provided in

Section 1-05.1

An item that has been Bid at a unit price or lump sum in the Proposal will not be paid
as force account unless:
1. A change as defined in

Section 1-04.4

has occurred and the provisions require

a payment adjustment.

2. A Contract item paid by force account requires Work that is normally included in

a lump sum Contract item. In such a case, the Work normally included in a lump sum
Contract item will be paid by force account under the force account Contract item.

Items which are included in the Proposal as Force Account or which are added by change
order as Force Account may, by agreement of the parties at any time, be converted to
agreed unit prices or lump sums applicable to the remaining Work.

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1-09.7 Mobilization

Mobilization consists of preconstruction expenses and the costs of preparatory Work
and operations performed by the Contractor which occur before 10 percent of the total
original Contract amount is earned from other Contract items. Items which are not to be
included in the item of Mobilization include but are not limited to:
1. Any portion of the Work covered by the specific Contract item or incidental Work

which is to be included in a Contract item or items.

2. Profit, interest on borrowed money, overhead, or management costs.
3. Any costs of mobilizing equipment for force account Work.

Based on the lump sum Contract price for “Mobilization”, partial payments will be made
as follows:
1. When 5 percent of the total original Contract amount is earned from other Contract

items, excluding amounts paid for materials on hand, 50 percent of the amount Bid
for mobilization, or 5 percent of the total original Contract amount, whichever is the
least, will be paid.

2. When 10 percent of the total original Contract amount is earned from other

Contract items, excluding amounts paid for materials on hand, 100 percent of the
amount Bid for mobilization, or 10 percent of the total original Contract amount,
whichever is the least, will be paid.

3. When the Substantial Completion Date has been established for the project,

payment of any amount Bid for mobilization in excess of 10 percent of the total
original Contract amount will be paid.

Nothing herein shall be construed to limit or preclude partial payments otherwise
provided by the Contract.

1-09.8

Payment for Material on Hand

The Contracting Agency may reimburse the Contractor for materials purchased before
their use in the Work if they:
1. Meet the requirements of the Plans and Specifications;
2. Are delivered to or stockpiled near the project or other Engineer-approved storage

sites; and

3. Consist of: sand, gravel, surfacing materials, aggregates, reinforcing steel, bronze

plates, structural steel, machinery, piling, timber and lumber (not including forms or
falsework), large signs unique to the project, prestressed concrete beams or girders,
or other materials the Engineer may approve.

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Measurement and Payment

The Contracting Agency may reimburse the Contractor for traffic signal controllers
as follows:
1. Fifty percent when the traffic signal controller and all components are received and

assembled into a complete unit at the State Materials Laboratory.

2. One hundred percent when the traffic signal controller is approved for shipment

to the project by the State Materials Laboratory.

The Contractor shall provide sufficient written evidence of production costs to enable
the Engineer to compute the cost of Contractor-produced materials (such as sand, gravel,
surfacing material, or aggregates). For other materials, the Contractor shall provide
invoices from material suppliers. Each invoice shall be detailed sufficiently to enable the
Engineer to determine the actual costs. Payment for materials on hand shall not exceed
the total Contract cost for the Contract item.

If payment is based upon an unpaid invoice, the Contractor shall provide the Engineer
with a paid invoice within 60 calendar days after the Contracting Agency’s initial payment
for materials on hand. If the paid invoice is not furnished in this time, any payment the
Contracting Agency had made will be deducted from the next progress estimate and
withheld until the paid invoice is supplied.

The Contracting Agency will not pay for material on hand when the invoice cost is less
than $2,000. As materials are used in the Work, credits equaling the partial payments for
them will be taken on future estimates. Partial payment for materials on hand shall not
constitute acceptance. Any material will be rejected if found to be faulty even if partial
payment for it has been made.

1-09.9 Payments

The basis of payment will be the actual quantities of Work performed according to the
Contract and as specified for payment.

The Contractor shall submit a breakdown of the cost of lump sum Items to enable
the Engineer to determine the Work performed on a monthly basis. Lump sum item
breakdowns shall be submitted prior to the first progress payment that includes payment
for the Bid Item in question. A breakdown is not required for lump sum Items that include
a basis for incremental payments as part of the respective Specification. Absent a lump
sum breakdown, the Engineer will make a determination based on information available.
The Engineer’s determination of the cost of Work shall be final.

Payments will be made for Work and labor performed and materials furnished under the
Contract according to the price in the Proposal unless otherwise provided.

Partial payments will be made once each month, based upon partial estimates prepared
by the Engineer. The determination of payments under the Contract will be final in
accordance with

Section 1-05.1

. Unless otherwise provided, payments will be made from

the Motor Vehicle Fund.

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Measurement and Payment

audit for the same period of time. The audit may be performed by employees of the
Contracting Agency or by an auditor under contract with the Contracting Agency. The
Contractor, Subcontractors, or lower tier subcontractors shall provide adequate facilities,
acceptable to the Engineer, for the audit during normal business hours. The Contractor,
Subcontractors, or lower tier subcontractors shall make a good faith effort to cooperate
with the auditors. If an audit is to be commenced more than 60 calendar days after the
final acceptance date of the Contract, the Contractor will be given 20 calendar days
notice of the time when the audit is to begin. If any litigation, claim, or audit arising out
of, in connection with, or related to this Contract is initiated, the wage, payroll, and cost
records shall be retained until such litigation, claim, or audit involving the records is
completed.

1-09.12(2) Claims

All claims filed against the Contracting Agency shall be subject to audit at any time
following the filing of the claim. Failure of the Contractor, Subcontractors, or lower tier
subcontractors to maintain and retain sufficient records to allow the auditors to verify all
or a portion of the claim or to permit the auditor access to the books and records of the
Contractor, Subcontractors, or lower tier subcontractors shall constitute a waiver of a
claim and shall bar any recovery thereunder.

1-09.12(3) Required Documents for Audits

As a minimum, the auditors shall have available to them the following documents:
1.  Daily time sheets and supervisor’s daily reports.
2.  Collective Bargaining Agreements.
3.  Insurance, welfare, and benefits records.
4.  Payroll registers.
5.  Earnings records.
6.  Payroll tax forms.
7.  Material invoices and requisitions.
8.  Material cost distribution worksheet.
9.  Equipment records (list of company equipment, rates, etc.).
10.  Vendors’, rental agencies’, Subcontractors’, and lower tier subcontractors’ invoices.
11.  Contracts between the Contractor and each of its Subcontractors, and all lower-tier

subcontractor contracts and supplier contracts.

12.  Subcontractors’ and lower tier subcontractors’ payment certificates.
13.  Canceled checks (payroll and vendors).
14.  Job cost reports, including monthly totals.
15.  Job payroll ledger.
16.  General ledger.

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17. Cash disbursements journal.
18. Financial statements for all years reflecting the operations on this Contract. In

addition, the Contracting Agency may require, if it deems appropriate, additional
financial statements for 3 years preceding execution of the Contract and 3 years
following final acceptance of the Contract.

19. Depreciation records on all company equipment whether these records are

maintained by the company involved, its accountant, or others.

20. If a source other than depreciation records is used to develop costs for the

Contractor’s internal purposes in establishing the actual cost of owning and
operating equipment, all such other source documents.

21. All documents which relate to each and every claim together with all documents

which support the amount of damages as to each claim.

22. Worksheets or software used to prepare the claim establishing the cost components

for items of the claim including but not limited to labor, benefits and insurance,
materials, equipment, Subcontractors, all documents which establish the time
periods, individuals involved, the hours for the individuals, and the rates for the
individuals.

23. Worksheets, software, and all other documents used by the Contractor to prepare

its Bid.

An audit may be performed by employees of the Contracting Agency or a representative
of the Contracting Agency. The Contractor and its Subcontractors shall provide adequate
facilities acceptable to the Contracting Agency for the audit during normal business hours.
The Contractor and all Subcontractors shall cooperate with the Contracting Agency’s
auditors.

1-09.13

Claims Resolution

1-09.13(1) General

Prior to seeking claim resolution through nonbinding alternative dispute resolution
processes, binding arbitration, or litigation, the Contractor shall proceed under the
administrative procedures in Sections

1-04.5

and

1-09.11

, and any Special Provision

provided in the Contract for resolution of disputes. The provisions of these sections
must be complied with in full, as a condition precedent to the Contractor’s right to seek
claim resolution through any nonbinding alternative dispute resolution process, binding
arbitration or litigation.

1-09.13(2) Nonbinding Alternative Disputes Resolution (ADR)

Nonbinding ADR processes are encouraged and available upon mutual agreement of
the Contractor and the Contracting Agency for all claims submitted in accordance with

Section 1-09.11

, provided that:

1. All the administrative remedies provided for in the Contract have been exhausted;

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Measurement and Payment

2. The Contracting Agency has been given the time and opportunity to respond to the

Contractor as provided in

Section 1-09.11(2)

; and

3. The Contracting Agency has determined that it has sufficient information concerning

the Contractor’s claims to participate in a nonbinding ADR process.

The Contracting Agency and the Contractor mutually agree that the cost of the
nonbinding ADR process shall be shared equally by both parties with each party bearing
its own preparation costs.

The type of nonbinding ADR process shall be agreed upon by the parties and shall be
conducted within the State of Washington at a location mutually acceptable to the
parties.

The Contractor agrees that the participation in a nonbinding ADR process does not in
any way waive the requirement that binding arbitration or litigation proceedings must
commence within 180 calendar days of final acceptance of the Contract, the same as any
other claim or causes of action as provided in

Section 1-09.11(3)

1-09.13(3) Claims $250,000 or Less

The Contractor and the Contracting Agency mutually agree that those claims which total
$250,000 or less, submitted in accordance with

Section 1-09.11

and not resolved by

nonbinding ADR processes, shall be resolved through mandatory and binding arbitration
as described herein.

1-09.13(3)A

Administration of Arbitration

Arbitration shall be as agreed by the parties or, if the parties cannot agree, arbitration
shall be administered through the American Arbitration Association (AAA) using the
following arbitration methods:
1. The current version of the Construction Industry Arbitration Rules and Mediation

Fast Track Procedures shall be used for claims with an amount less than $75,000.

2. The current version of the Construction Industry Arbitration Rules and Mediation

Regular Track Procedures shall be used for claims with an amount equal to or greater
than $75,000 and less than $250,000.

The Contracting Agency and the Contractor mutually agree the venue of any arbitration
hearing shall be within the State of Washington and any such hearing shall be conducted
within the State of Washington.

The Contracting Agency and the Contractor mutually agree to be bound by the decision
of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered
in the Superior Court of Thurston County. The decision of the arbitrator and the specific
basis for the decision shall be in writing. The arbitrator shall use the Contract as a basis
for decisions.

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1-09.13(3)B

Procedures to Pursue Arbitration

If the dispute cannot be resolved through administrative procedures provided in Sections

1-04.5

and

1-09.11

, and any Special Provision provided in the Contract for resolution

of disputes or through a mutually agreed upon nonbinding ADR process, the Contractor
shall advise the Engineer, in writing, that mandatory and binding arbitration is desired.
The parties may agree on an arbitration process, or, if the parties cannot agree a demand
for arbitration shall be filed by the Contractor, in accordance with the AAA rules, with the
Contracting Agency, and with the AAA. Selection of the arbitrator and the administration
of the arbitration shall proceed in accordance with AAA rules using arbitrators from the
list developed by the AAA, except that: for claims under $25,000 using the Northwest
Region Expedited Commercial Arbitration Rules, arbitration selection shall proceed
pursuant to Section 55 of the Expedited Procedure of the Construction Industry
Arbitration Rules. Arbitration shall proceed utilizing the appropriate rule of the AAA as
determined by the dollar amount of the claim as provided in

Section 1-09.13(3)A

Unresolved disputes which do not involve delays or impacts to unchanged Work may be
brought to binding arbitration prior to Physical Completion of the project, provided that:
1. All the administrative remedies provided for in the Contract have been exhausted;
2. The dispute has been pursued to the claim status as provided in

Section 1-09.11(2)

;

and

3. The Contractor certifies in writing that claims for delays or impacts to the Work will

not result from the dispute.

Unless the Contracting Agency and the Contractor agree otherwise, all other unresolved
claims (disputes which have been pursued to the claim status) which arise from a Contract
must be brought in a single arbitration hearing and only after Physical Completion of the
Contract. The total of those unresolved claims cannot be greater than $250,000 to be
eligible for arbitration.

In addition, the Contractor agrees arbitration proceedings must commence, by filing
of the aforementioned demand for arbitration, within 180 calendar days of final
acceptance of the contract, the same as any other claim or causes of action as provided in

Section 1-09.11(3)

The scope and extent of discovery shall be determined by the arbitrator in accordance
with AAA rules. In addition, each party for claims greater than $25,000 shall serve upon
the other party a “statement of proof”. The statement of proof shall be served, with
a copy to the AAA, no less than 20 calendar days prior to the arbitration hearing and
shall include:
1. The identity, current business address, and residential address of each witness who

will testify at the hearing;

2. The identity of a witness as an expert if an expert witness is to be called, a statement

as to the subject matter and the substance of the facts and opinions on which the
expert is expected to testify, a summary of the grounds for each opinion, and a
resume of the expert’s qualifications; and

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3. A list of each document that the party intends to offer in evidence at the arbitration

hearing. Either party may request from the other party a copy of any document
listed. If such a request is made, a copy of the document shall be provided within
5 calendar days from the date the request is received.

The arbitrator may permit a party to call a witness or offer a document not shown or
included in the statement of proof only upon a showing of good cause.

1-09.13(4) Claims in Excess of $250,000

The Contractor and the Contracting Agency mutually agree that those claims in excess of
$250,000, submitted in accordance with

Section 1-09.11

and not resolved by nonbinding

ADR processes, shall be resolved through litigation unless the parties mutually agree to
resolve the claim through binding arbitration.

Temporary Traffic Control

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Temporary Traffic Control

1-10.1 General

Temporary traffic control refers to the control of all types of traffic, including vehicles,
bicyclists, and pedestrians (including pedestrians with disabilities). The Contractor,
utilizing contractor labor and contractor-provided equipment and materials (except when
such labor, equipment, or materials are to be provided by the Contracting Agency as
specifically identified herein), shall plan, manage, supervise, and perform all temporary
traffic control activities needed to support the Work of the Contract.

1-10.1(1) Materials

Materials shall meet the requirements of the following Sections:

Stop/Slow Paddles

9-35.1

Construction Signs

9-35.2

Wood Sign Posts

9-35.3

Sequential Arrow Signs

9-35.4

Portable Changeable Message Signs

Barricades

Traffic Safety Drums

Traffic Cones

Tubular Markers

Warning Lights and Flashers

9-35.11

Transportable Attenuator

9-35.12

Tall Channelizing Devices

9-35.13

Portable Temporary Traffic Control Signal

9-35.14

1-10.1(2) Description

The Contractor shall provide flaggers and all other personnel required for labor for
traffic control activities that are not otherwise specified as being furnished by the
Contracting Agency.

The Contractor shall perform all procedures necessary to support the Contract Work.

Unless otherwise permitted by the Contract or approved by the Engineer, the Contractor
shall keep all existing pedestrian routes and access points (including sidewalks, paths, and
crosswalks) open and clear at all times.

The Contractor shall keep lanes, on-ramps, and off-ramps, open to traffic at all times
except when Work requires closures. Ramps shall not be closed on consecutive
interchanges at the same time, unless approved by the Engineer. Lanes and ramps shall
be closed for the minimum time required to complete the Work. When paving hot mix
asphalt the Contractor may apply water to the pavement to shorten the time required
before reopening to traffic.

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Temporary Traffic Control

The Contractor shall provide signs and other traffic control devices not otherwise
specified as being furnished by the Contracting Agency. The Contractor shall erect and
maintain all construction signs, warning signs, detour signs, and other traffic control
devices necessary to warn and protect the public at all times from injury or damage as a
result of the Contractor’s operations, which may occur on or adjacent to Highways, roads,
streets, sidewalks, or paths. No Work shall be done on or adjacent to any Traveled Way
until all necessary signs and traffic control devices are in place.

The traffic control resources and activities described shall be used for the safety of the
public, of the Contractor’s employees, and of the Contracting Agency’s personnel and to
facilitate the movement of the traveling public. Traffic control resources and activities may
be used for the separation or merging of public and construction traffic when such use is
in accordance with a specific approved traffic control plan.

Upon failure of the Contractor to immediately provide flaggers; erect, maintain, and
remove signs; or provide, erect, maintain, and remove other traffic control devices when
ordered to do so by the Engineer, the Contracting Agency may, without further notice to
the Contractor or the Surety, perform any of the above and deduct all of the costs from
the Contractor’s payments.

The Contractor shall be responsible for providing adequate labor, sufficient signs, and
other traffic control devices, and for performing traffic control procedures needed for the
protection of the Work and the public at all times regardless of whether or not the labor,
devices or procedures have been ordered by the Engineer, furnished by the Contracting
Agency, or paid for by the Contracting Agency.

Wherever possible when performing Contract Work, the Contractor’s equipment shall
follow normal and legal traffic movements. The Contractor’s ingress and egress of the
Work area shall be accomplished with as little disruption to traffic as possible. Traffic
control devices shall be removed by picking up the devices in a reverse sequence to that
used for installation. This may require moving backwards through the work zone. When
located behind barrier or at other locations shown on approved traffic control plans,
equipment may operate in a direction opposite to adjacent traffic.

The Contractor is advised that the Contracting Agency may have entered into
operating agreements with one or more law enforcement organizations for cooperative
activities. Under such agreements, at the sole discretion of the Contracting Agency, law
enforcement personnel may enter the work zone for enforcement purposes and may
participate in the Contractor’s traffic control activities. The responsibility under the
Contract for all traffic control resides with the Contractor and any such participation by
law enforcement personnel in Contractor traffic control activities will be referenced in
the Special Provisions or will be preceded by an agreement and, if appropriate, a cost
adjustment. Nothing in this Contract is intended to create an entitlement, on the part of
the Contractor, to the services or participation of the law enforcement organization.

Temporary Traffic Control

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1-10.2

Traffic Control Management

1-10.2(1) General

It is the Contractor’s responsibility to plan, conduct, and safely perform the Work. The
Contractor shall manage temporary traffic control with his or her own staff. Traffic
control management responsibilities shall be formally assigned to one or more company
supervisors who are actively involved in the planning and management of field Contract
activities. The Contractor shall provide the Engineer with a copy of the formal assignment.
The duties of traffic control management may not be subcontracted.

The Contractor shall designate an individual or individuals to perform the duties of the
primary Traffic Control Supervisor (TCS). The designation shall also identify an alternate
TCS who can assume the duties of the primary TCS in the event of that person’s inability
to perform. The TCS shall be responsible for safe implementation of approved Traffic
Control Plans provided by the Contractor.

The primary and alternate TCS shall be certified by one of the organizations listed in the
Special Provisions. Possession of a current Washington State TCS card and flagging card
by the primary and alternate TCS is mandatory. A traffic control management assignment
and a TCS designation are required on all projects that will utilize traffic control.

The Contractor shall maintain 24-hour telephone numbers at which the Contractor’s
assigned traffic control management personnel and the TCS can be contacted and be
available upon the Engineer’s request at other than normal working hours. These persons
shall have the resources, ability and authority to expeditiously correct any deficiency in
the traffic control system.

1-10.2(1)A

Traffic Control Management

The responsibilities of the Contractor’s traffic control management personnel shall
include:
1. Overseeing and approving the actions of the Traffic Control Supervisor (TCS)

to ensure that proper safety and traffic control measures are implemented and
consistent with the specific requirements created by the Contractor’s work zones
and the Contract. Some form of oversight shall be in place and effective even when
the traffic control management personnel are not present at the jobsite.

2. Providing the Contractor’s designated TCS with approved Traffic Control Plans (TCPs)

which are compatible with the Work operations and traffic control for which they
will be implemented. Having the latest adopted edition of the

Manual on Uniform

Traffic Control Devices for Streets and Highways

(MUTCD), including the

Washington

State Modifications to the MUTCD

M 24-01 the most current edition of the Public

Rights-of-Way Accessibility Guidelines (PROWAG), which can be downloaded from
the United States Access Board website at

www.access-board.gov/prowac

under

Revised Draft Guidelines (2005), and applicable standards and Specifications
available at all times on the project.

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Temporary Traffic Control

3. Discussing proposed traffic control measures and coordinating implementation of

the Contractor-adopted traffic control plan(s) with the Engineer.

4. Coordinating all traffic control operations, including those of Subcontractors and

suppliers, with each other and with any adjacent construction or maintenance
operations.

5. Coordinating the project’s activities (such as ramp closures, road closures, and lane

closures) with appropriate police, fire control agencies, city or county engineering,
medical emergency agencies, school districts, and transit companies.

6. Overseeing all requirements of the Contract that contribute to the convenience,

safety, and orderly movement of vehicular and pedestrian traffic.

7. Reviewing the TCS’s diaries daily and being aware of field traffic control operations.
8. Being present on-site a sufficient amount of time to adequately satisfy the above-

listed responsibilities.

Failure to carry out any of the above-listed responsibilities shall be a failure to comply
with the Contract and may result in a suspension of Work as described in

Section 1-08.6

1-10.2(1)B

Traffic Control Supervisor

A Traffic Control Supervisor (TCS) shall be present on the project whenever flagging
or other traffic control labor is being utilized or less frequently, as authorized by the
Engineer.

The TCS shall personally perform all the duties of the TCS. During nonwork periods, the
TCS shall be available to the job site within a 45-minute time period after notification by
the Engineer.

The TCS’s duties shall include:
1. Having a current set of approved traffic control plans (TCPs), applicable Contract

Provisions as provided by the Contractor, the latest adopted edition of the MUTCD,
including the

Washington State Modifications to the MUTCD

, the book Quality

Guidelines for Temporary Work Zone Traffic Control Devices, the most current edition of
the PROWAG, and applicable standards and Specifications.

2. Inspecting traffic control devices and nighttime lighting for proper location,

installation, message, cleanliness, and effect on the traveling public. Traffic control
devices shall be inspected at least once per hour during working hours except that
Class A signs need to be checked once a week and nighttime lighting need to be
checked only once a shift. Traffic control devices left in place for 24 hours or more
shall also be inspected once during the nonworking hours when they are initially
set up (during daylight or darkness, whichever is opposite of the working hours).
The TCS shall correct, or arrange to have corrected, any deficiencies noted during
these inspections.

Temporary Traffic Control

1-10

3. Preparing a daily traffic control diary on each day that traffic control is performed

using WSDOT

Form 421-040A

and

421-040B

, and submitting them to the Engineer

no later than the end of the next working day. The Contractor may use alternate
forms if approved by the Engineer. Diary entries shall include, but not be limited to:
a.  Time of day when signs and traffic control devices are installed and removed,
b.  Location and condition of signs and traffic control devices,
c.  Revisions to the traffic control plan,
d.  Lighting utilized at night, and
e.  Observations of traffic conditions.

4. Making minor revisions to the traffic control plan to accommodate site conditions

provided that the original intent of the traffic control plan is maintained and the
revision has the concurrence of both the Contractor and the Engineer.

5. Attending traffic control coordinating meetings or coordination activities as

necessary for full understanding and effective performance.

6. Ensuring that all needed traffic control devices and equipment are available and in

good working condition prior to the need to install or utilize them.

7. Ensuring that all pedestrian routes or access points, existing or temporary, are kept

clear and free of obstructions and that all temporary pedestrian routes or access
points are detectable and accessible to persons with disabilities as provided for in
the approved Plans.

The TCS may perform the Work described in

Section 1-10.3(1)A

Flaggers or in

Section

1-10.3(1)B

Other Traffic Control Labor and be compensated under those Bid items,

provided that the duties of the TCS are accomplished.

1-10.2(2) Traffic Control Plans

The traffic control plan or plans appearing in the Contract documents show a method
of handling vehicle, bicycle, and pedestrian traffic. All construction signs, flaggers, and
other traffic control devices are shown on the traffic control plan(s) except for emergency
situations. If the Contractor proposes adding the use of flaggers to a plan, this will
constitute a modification requiring approval by the Engineer. The modified plans shall
show locations for all the required advance warning signs and a safe, protected location
for the flagging station. If flagging is to be performed during hours of darkness, the plan
shall include appropriate illumination for the flagging station.

When the Contractor’s chosen method of performing the Work in the Contract requires
some form of temporary traffic control, for vehicles, bicyclists, or pedestrians, the
Contractor shall either: (1) submit a Type 1 Working Drawing designating and adopting, in
writing, the traffic control plan or plans from the Contract documents that support that
method; or (2) submit a Type 2 Working Drawing consisting of the Contractor’s plan that
modifies, supplements or replaces a plan from the Contract documents. Any Contractor-
proposed modification, supplement or replacement shall show the necessary construction
signs, flaggers, and other traffic control devices required to support the Work. Any

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Temporary Traffic Control

Contractor-proposed traffic control plan shall conform to the established standards for
plan development as shown in the MUTCD, Part 6 and the most current edition of the
PROWAG. The Contractor shall be solely responsible for submitting any proposed traffic
control plan or modification, obtaining the Engineer’s acceptance and providing copies of
the accepted Traffic Control Plans to the Traffic Control Supervisor.

1-10.2(3) Conformance to Established Standards

Flagging, signs, and all other traffic control devices and procedures furnished or provided
shall conform to the standards established in the latest WSDOT adopted edition of the
MUTCD, published by the U.S. Department of Transportation and the

Washington State

Modifications to the MUTCD

, and the most current edition of the Public Rights-of-Way

Accessibility Guidelines (PROWAG). Judgment of the quality of devices furnished will
be based upon Quality Guidelines for Temporary Traffic Control Devices, published by the
American Traffic Safety Services Association. Copies of the MUTCD and Quality Guidelines
for Temporary Control Devices may be purchased from the American Traffic Safety Services
Association, 15 Riverside Parkway, Suite 100, Fredericksburg, VA 22406-1022. The

Washington State Modifications to the MUTCD

may be obtained from the Department of

Transportation, Olympia, WA 98504. The most current edition of the Public Rights-of-Way
Accessibility Guidelines (PROWAG) can be accessed at

https://www.access-board.gov/

guidelines-and-standards/streets-sidewalks/public-rights-of-way/proposed-rights-of-
way-guidelines.

In addition to the standards of the MUTCD described above, the Contracting Agency has
crashworthiness requirements for most work zone devices. The National Cooperative
Highway Research Project (NCHRP) Report 350 and the AASHTO Manual for Assessing
Safety Hardware (MASH) have established requirements for crash testing. Work zone
devices are divided into four categories. Each of those categories is described below:

Category 1 includes those items that are small and lightweight, channelizing, and
delineating devices that have been in common use for many years and are known
to be crashworthy by crash testing of similar devices or years of demonstrable
safe performance. These include cones, tubular markers, flexible delineator
posts, and plastic drums. All Category 1 devices used on the project shall meet
the requirements of NCHRP 350 or MASH as certified by the manufacturer of
the device.
Category 2 includes devices that are not expected to produce significant vehicular
velocity change, but may otherwise be hazardous. Examples of this class are
barricades, portable sign supports and signs. All Category 2 devices shall meet the
requirements of NCHRP 350 or MASH. For the purpose of definition, a sign support
and sign shall be considered a single unit. A new sign may be purchased for an
existing sign support and the entire unit will be defined as “existing equipment”.
Category 3 is for hardware expected to cause significant velocity changes or other
potentially harmful reactions to impacting vehicles. Barriers, fixed sign supports,
crash cushions, transportable attenuators and other work zone devices not
meeting the definitions of Category 1 or 2 are examples from this category. Many
Category 3 devices are defined in the design of the project. Where this is the case,

Temporary Traffic Control

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NCHRP 350 or MASH requirements have been incorporated into the design and
the Contractor complies with the requirements by constructing devices according
to the Plans and Specifications. Where the device is a product chosen by the
Contractor, the device chosen must be compliant with the requirements of NCHRP
350 or MASH.
Category 4 includes portable or trailer-mounted devices such as arrow displays,
temporary traffic signals, area lighting supports, and portable changeable message
signs. Crash testing is not required for these devices.

The condition of signs and traffic control devices shall be acceptable or marginal as
defined in the book Quality Guidelines for Temporary Traffic Control Devices, and will be
accepted based on a visual inspection by the Engineer. The Engineer’s decision on the
condition of a sign or traffic control device shall be final. A sign or traffic control device
determined to be unacceptable shall be removed from the project and replaced within
12 hours of notification.

1-10.3

Traffic Control Labor, Procedures, and Devices

1-10.3(1) Traffic Control Labor

The Contractor shall furnish all personnel for flagging, for the execution of all procedures
related to temporary traffic control and for the setup, maintenance and removal of all
temporary traffic control devices and construction signs necessary to control vehicular,
bicycle, and pedestrian traffic during construction operations.

Vests and other high-visibility apparel shall be in conformance with

Section 1-07.8

1-10.3(1)A Flaggers

Flaggers shall be posted where shown on approved Traffic Control Plans or where
directed by the Engineer. All flaggers shall possess a current flagging card issued by the
State of Washington, Oregon, Montana, or Idaho. The flagging card shall be immediately
available and shown to the Contracting Agency upon request.

Flagging stations shall be shown on Traffic Control Plans at locations where construction
operations require stopping or diverting public traffic. Flagging stations shall be staffed
only when flagging is required. This staffing may be continuous or intermittent, depending
on the nature of the construction activity. Whenever a flagger is not required to stop or
divert traffic, the flagger shall move away from the flagging station to a safer location.
During hours of darkness, flagging stations shall be illuminated in a manner that insures
that flaggers can easily be seen but that does not cause glare to the traveling public.

Flagger station illumination shall meet the requirements of the MUTCD and these
Specifications.

The Contractor shall provide portable lighting equipment capable of sufficiently
illuminating a flagger and their station without creating glare for oncoming motorists, yet
will meet the mobility requirements of the operation. The lighting stations shall be located
on the same side of the roadway as the flagger and aimed either parallel or perpendicular

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Temporary Traffic Control

to the traveled lanes to minimize glare. The lighting devices shall be located 5 to 10 feet
from the edge of the travel lane with a mounting height of 15 to 25 feet above the
ground. The flagger should be visible and discernable as a flagger from a distance of
1,000 feet.

Flaggers shall be equipped with portable two-way radios, with a range suitable for the
project. The radios shall be capable of having direct contact with project management
(foremen, superintendents, etc.).

The Contractor shall furnish Stop/Slow paddles conforming to the requirements of

Section 9-35.1

for all flagging operations.

1-10.3(1)B

Other Traffic Control Labor

In addition to flagging duties, the Contractor shall provide personnel for all other traffic
control procedures required by the construction operations and for the labor to install,
maintain and remove any traffic control devices shown on Traffic Control Plans.

1-10.3(2) Traffic Control Procedures

1-10.3(2)A

One-Way Traffic Control

The project Work may require that traffic be maintained on a portion of the Roadway
during the progress of the Work using one-way traffic control. If this is the case, the
Contractor’s operation shall be confined to one-half the Roadway, permitting traffic on
the other half. If shown on an approved traffic control plan or directed by the Engineer,
one-way traffic control, in accordance with the MUTCD, shall be provided and shall also
conform to the following requirements:

In any one-way traffic control configuration, side roads and approaches will be
closed or controlled by a flagger or by appropriate approved signing. A side road
flagger will coordinate with end flaggers where there is line of sight and with the
pilot car where the end flaggers cannot be seen.
Queues of vehicles will be allowed to take turns passing through the work zone in
the single open lane. When one-way traffic control is in effect, Contractor vehicles
shall not use the open traffic lane except while following the same rules and routes
required of the public traffic.
As conditions permit, the Contractor shall, at the end of each day, leave the Work
area in such condition that it can be traveled without damage to the Work, without
danger to traffic, and without one-way traffic control. If, in the opinion of the
Engineer, one-way traffic control cannot be dispensed with after working hours, then
the operation will be continued throughout the non-working hours.

Standard Specifications for Road, Bridge, and Municipal Construction 2020 (M 41-10) - page 23