# Anderson Road Restoration (2026)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_chehalis%3A7fa284321339a970

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Anderson Road Restoration
Request for Proposal
Prepared for

Confederated Tribes of the
Chehalis Reservation

April 2026
Prepared by
JSA Civil
111 Tumwater Blvd. SE, Suite B203
Tumwater, WA 98501

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

April 2026

Anderson Road Restoration
Request for Proposal

Prepared for

Confederated Tribes of The Chehalis Reservation
420 Howanut RD
Oakville, WA 98568

Prepared by

JSA Civil
111 Tumwater Blvd. SE, Suite B203
Tumwater, WA 98501
360.515.9600

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

April 2026

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Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

April 2026

TABLE OF CONTENTS
LEGAL DOCUMENTS
SECTION 00 41 00 RFP/BID FORM ........................................................................RFP-1
SECTION 00 11 13 INVITATION TO BID...................................................................RFP-3
SECTION 00 21 13 INSTRUCTIONS TO BIDDERS..................................................RFP-5
BIDDER’S CHECKLIST ….............................................................................................RFP-11
PROPOSAL REQUIREMENTS .......................................................................................RFP-13
FORM A: BID PROPOSAL ...........................................................................................RFP-15
FORM B: PROJECT APPROACH AND SCHEDULE ...................................................RFP-18
FORM C: BIDDER’S CONSTRUCTION EXPERIENCE ...............................................RFP-20
FORM D: SAFETY PLAN..............................................................................................RFP-21
FORM E: INDIAN PREFERENCE ................................................................................RFP-23
FORM F: BONDING............................................................................................................RF P-25
FORM G: NON-COLLUSION DECLARATION .............................................................RFP-27
FORM H: SIGNATURE PAGE......................................................................................RFP-29
APPENDICES
A CONTRACT (INFORMATIONAL ONLY)
SPECIAL PROVISIONS
INADVERTENT DISCOVERY PLAN
CONTRACT PLANS

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Anderson Road Restoration

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Legal Documents

SECTION 00 41 00
RFP/BID FORM

CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION

REQUEST FOR PROPOSAL
Anderson Road Restoration

PROJECT NAME:
Anderson Road Restoration

April 2026

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

RFP-1

April 2026
RFP/Bid Form

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Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

RFP-2

April 2026
RFP/Bid Form

SECTION 00 11 13
INVITATION TO BID
CONFEDERATED TRIBES OF THE CHEHALIS
RESERVATION (Tribe)
Anderson Road Restoration
REQUEST FOR PROPOSAL
The Anderson Road Restoration project includes roadway and infrastructure improvements
to Anderson Road. The improvements include roadway reconstruction, watermain installation,
trenching for utility undergrounding, and lighting installation.
Sealed proposals for the Anderson Road Restoration project must be received by May 15, 2026
at 2:00 p.m. to The Chehalis Tribe, 6 Niederman Road, Oakville, WA 98568 Attn: Bryan
Sanders. Bid proposals received after the date and time stated above will not be accepted.
Proposals received on time will be opened privately. The Chehalis Tribe will share the bid results
within 10 business days from the final date of receipt of proposals. The Chehalis Tribe reserves
the right to waive irregularities and to reject any and all bids.
RFP documents will be available in PDF format starting April 20, 2026 Via Email.
Please direct questions regarding this project to the Owner’s Tribal Project Representative,
Bryan Sanders at the following:
Email: bryan.sanders@chehalistribe.org
The work includes the furnishing of all labor, materials, and equipment necessary to complete the
Anderson Road Restoration according to the drawings and specifications.
It is the intent to award a contract to the highest scored responsible Bidder according to the
Proposal Evaluation Criteria included with the RFP, provided the bid has been submitted in
accordance with the bidding documents and does not exceed the funds available. Scoring and
assessment of Bid Proposals will be performed by a selection committee, expected to include
Tribal officials and/or staff members. Bid pricing shall include all applicable sales tax.

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

RFP-3

April 2026 Invitation to Bid

SECTION 00 21 13
INSTRUCTIONS TO BIDDERS
ARTICLE 1 – DEFINITIONS
1.1

The Bidding Documents include the Invitation to Bid, Instructions to Bidders, Request for
Proposal/Bid Form, Specifications, Drawings, and the proposed Contract Documents
including any Addenda issued prior to receipt of bids. The Contract Documents proposed
for the Work consist of the Agreement Between Confederated Tribes of the Chehalis
Reservation and Contractor, the Drawings, the Specifications and all Addenda issued prior
to, and all modifications issued after execution of the Contract.

1.2

Addenda are written or graphic instruments issued prior to the execution of the Contract
which modify or interpret the Bidding documents by additions, deletions, clarifications, or
corrections. The contents of Addenda are issued in no particular order and therefore
should be carefully and completely reviewed.

1.3

A Bid is a complete and properly signed proposal to do the Work, or designated portion
thereof, submitted in accordance with the Bidding Documents for the sums therein
stipulated.

1.4

The Base Bids are the sums stated in the Bid for which the Bidder offers to perform the
Work described in the Bidding Documents as the base to which work may be added or
from which work may be deleted for sums stated in Alternate Bids if any.

1.5

A Bidder is a person or entity who submits a bid.

1.6

The Project Manager is the Confederated Tribes of the Chehalis Reservation,
located at:

1.7

Planning Department
6 Niederman Road
Oakville, Washington 98568

In case of conflict between the provisions of these Instructions and any other Bidding
Document, these Instructions shall govern. In case of conflict between the provisions of
the Bidding Documents and the Contract Documents, the Contract Documents shall
govern.

ARTICLE 2 – BIDDER’S REPRESENTATIONS
2.1

Each Bidder, by making its Bid, represents that:
2.1.1

The Bidder has read and understands the Bidding Documents and its Bid is made in
accordance therewith.

Confederated Tribes of The Chehalis Reservation
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Instructions to Bidders

2.1.2

The Bidder has familiarized itself with the requirements to be performed and has
correlated its observations with the requirements of the proposed Contract Documents.

2.1.3

Its Bid is based upon the materials, systems, and equipment required by the Bidding
Documents, without exception.

2.1.4

The Bidder has carefully examined the Bidding Documents and Contract Documents
and has satisfied itself as to the nature, location, character, quality, and quantity of the
labor, materials, equipment, goods, supplies, work, services, and other items to be
furnished, all other requirements of the Contract Documents, as well as the conditions
and other matters that may affect performance of the work or the cost or difficulty
thereof. The failure of the Bidder fully to acquaint themselves with any applicable
condition or matter shall not in any way relieve the Bidder from the responsibility for
performing the work in accordance with and for the contract sum provided for in the
contract documents.

ARTICLE 3 – BIDDING DOCUMENTS
3.1

PDF Format Files Available April 20, 2026
3.1.1

3.2

3.3

Bidder shall use complete sets of Bidding Documents in preparing Bids; the Tribe
assumes no responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.

Interpretation or Correction of Bidding Documents:
3.2.1

Bidders shall promptly notify the Tribe of any ambiguity, inconsistency, or error, which
they may discover upon examination of the Bidding Documents. The submittal of the
Bid constitutes acceptance of products and procedures specified as sufficient,
adequate, and satisfactory for completion of the Contract.

3.2.2

Bidders requiring clarification or interpretation of the Bidding Documents shall make a
written request which shall reach the Tribe at least seven days prior to the date for
receipt of Bids.

3.2.3

Any interpretation, correction, or change of the Bidding Documents will be made by
Addendum. Interpretations, corrections, or changes of the Bidding Documents made
in any other manner will not be binding and Bidders shall not rely upon such
interpretations, corrections, and changes.

Addenda:
3.3.1

Addenda will be electronically delivered to all who are known by the Tribe to have
received a complete set of Bidding Documents.

Confederated Tribes of The Chehalis Reservation
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Instructions to Bidders

3.3.2

Copies of Addenda will be made available for inspection wherever Bidding Documents
are on file for that purpose.

3.3.3

No Addenda will be issued later than three days prior to the date for receipt of Bids
except an Addendum withdrawing the request for Bids or including postponement of
the date for receipt of Bids.

3.3.4

Each Bidder shall ascertain, prior to submitting its bid that it has received all Addenda
issued and it shall acknowledge their receipt in its Bid.

ARTICLE 4 – BIDDING PROCEDURE
4.1

4.2

Form and Style of Bids:
4.1.1

Bids shall be submitted on a Bid Form identical to the form included with the Bidding
Documents.

4.1.2

Where so indicated by the makeup of the Bid Form, sums shall be expressed in both
words and figures; in case of discrepancy between the two, the amount written in words
shall govern.

4.1.3

Any interlineation, alteration, or erasure must be initialed by the signer of the Bid.

4.1.4

Each copy of the Bid shall include the legal name of the Bidder and a statement that
the Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity.
Each copy shall be signed by the persons legally authorized to bind the Bidder to a
contract. A Bid by a corporation shall also give the State of Incorporation. A bid
submitted by an agent shall have a current power of attorney attached certifying the
agent’s authority to bind the Bidder.

Bid Security:
4.2.1

4.3

As described on RFP/Bid Form.

Submission of Bids:
4.3.1

The Bid, and any other documents required to be submitted with the Bid, shall be
enclosed in a sealed opaque envelope with the notation “SEALED BID ENCLOSED”
on the face thereof. The envelope shall be addressed, and hand delivered to:
Confederated Tribes of the Chehalis Reservation
Attn: Bryan Sanders
Planning Department
6 Niederman Road
Oakville, WA 98568

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Instructions to Bidders

4.4

4.3.2

The Bidder shall include one original and 3 paper copies of the bid proposal documents
in the sealed submittal envelope.

4.3.3

Bids shall be deposited at the designated location prior to the time and date for receipt
of Bids indicated in the Invitation to Bid or any extension thereof made by Addendum.
Bids received after the time and date for receipt of Bids will be returned unopened.

4.3.4

The Bidder shall assume full responsibility for timely delivery at the location designated
for receipt of Bids.

4.3.5

Oral, telephonic, mailed, or facsimile Bids are invalid and will not receive
consideration.

Modification or Withdrawal of Bids:
4.4.1

A Bid may not be modified, withdrawn, or canceled by the Bidder during a thirty-day
period following the time and date designated for the receipt of Bids and each Bidder
so agrees in submitting its Bid.

4.4.2

Prior to the time and date designated for receipt of Bids, any Bid submitted may be
modified or withdrawn by notice to the party receiving Bids at the place designated for
receipt of Bids. Such notice shall be in writing over the signature of the Bidder or by
telegram; if by telegram, written confirmation over the signature of the Bidder shall be
mailed and postmarked on or before the date and time set for receipt of Bids and it
shall be so worded as not to reveal the amount of the original Bid.

4.4.3

Withdrawn Bids may be re-submitted up to the time designated for the receipt of Bids
provided that they are then fully in conformance with these Instructions to Bidders.

ARTICLE 5 – CONSIDERATION OF BIDS
5.1

Opening of Bids:
5.1.1

5.2

Bids will be opened privately by the owner and reviewed by the selection committee.

Rejection of Bids:
5.2.1

The Tribe shall have the right to reject any/or all Bids for any reason or for no reason,
to reject a Bid not accompanied by data required by the Bidding Documents, or to
reject a Bid which is in any way incomplete or irregular.

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

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April 2026
Instructions to Bidders

5.3

Acceptance of Bid (Award):
5.3.1

The Tribe intends (but is not bound) to award a Contract to the highest scored
responsible Bidder, as assessed by a selection committee described in the Invitation
to Bid (Spec. Sec. 00 11 13), provided the Bid has been submitted in accordance with
the requirements of the Bidding Documents and does not exceed the funds available.
The Tribe has the right to waive any informality or irregularity in any Bid or Bids
received and to accept the Bid or Bids which, in its judgment, is in its own best interests.

5.3.2

Preference should be given to hiring Indian subcontractors and labor.

5.3.3

The Tribe reserves the right to limit the award of the bid based on funds available to all
or any combination of base bids.

ARTICLE 6 – POST BID INFORMATION
6.1

Submittals:
6.1.1 The Bidders shall submit in a timely manner all information required by the Contract
Documents.

ARTICLE 7 – FORM OF AGREEMENT BETWEEN THE OWNER AND CONTRACTOR
7.1

Form to be Used:
7.1.1 The Agreement for the Work will be written on the form included with the Bidding
Documents.

ARTICLE 8 – SUPPLEMENTARY INSTRUCTIONS
8.1

Start Date: The contractor shall not begin onsite work until July 13, 2026.

8.2

Contract Time: See Section 1-08.5, Time for Completion.

8.3

Non-Discrimination: The Bidder shall fully comply with all applicable tribal, federal, state,
and local laws, regulations, and ordinances pertaining to nondiscrimination, equal
employment, and affirmative action.

8.4

Liquidated Damages: See Section 1-08.9, Liquidated Damages.

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

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Instructions to Bidders

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Instructions to Bidders

BIDDER’S CHECKLIST
The Bidder’s attention is called to the following forms which must be executed in full as required
and submitted (as a sealed bid) by the date and time specified in Section 00 11 13 Invitation to
Bid:
PROPOSALS
Proposals must consist of the following information in the order indicated below:
1. Form A – Bid Proposal.
2. Form B – Project Approach and Schedule.
3. Form C – Bidder’s Construction Experience.
4. Form D – Safety Plan.
5. Form E – Indian Preference: Proof of enrollment in a federally recognized Indian Tribe, if
applicable.
6. Form F – Bonding (5%).
7. Form G – Non-Collusion Declaration.
8. Form H – Signature Page and addenda acknowledgement.
FAILURE TO COMPLETE AND SUBMIT THE ABOVE ITEMS MAY BE CAUSE FOR THE
TRIBE TO CONSIDER THE BID IRREGULAR AND BE REJECTED.
The following forms are to be executed after the Award:
1. Contract: To be executed by the successful bidder and the Tribe.
2. Contract Bond (Performance and Payment Bond).
3. Insurance Certificates.
4. Labor and Industry Forms.

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Bidder’s Checklist

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Bidder’s Checklist

PROPOSAL REQUIREMENTS
Proposals must consist of the following information in the order indicated below:
1. Form A – Bid Proposal.
2. Form B – Project Approach and Schedule.
3. Form C – Bidder’s Construction Experience.
4. Form D – Safety Plan.
5. Form E – Indian Preference: Proof of enrollment in a federally recognized Indian Tribe, if
applicable.
6. Form F – Bonding (5%).
7. Form G – Non-Collusion Declaration.
8. Form H – Signature Page.
EVALUATION CRITERIA
Upon receipt, the Chehalis Tribe will evaluate each proposal based on the criteria located on the
following page.

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

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April 2026
Proposal Requirements

Proposal Evaluation Criteria
Bid Proposal (Form A): Total Bid amount will be scored on a sliding scale based 45 Points
on rank of individual bidders and range of variation in bid amounts.
Where an Indian-owned economic enterprise whose Indian ownership consists of
the Chehalis Tribe or enrolled Chehalis tribal member(s) submits a bid for a contract,
preference for that Indian-owned economic enterprise shall be exercised over other
bidders in the following manner: 10% reduction in the bid prices for Chehalis Indianowned economic enterprises that exceed the lowest price of another qualified bidder
by no more than 10% of that other bidder’s bid price applied for the purpose of
scoring in this evaluation section.

Project Approach and Schedule (Form B): Project approach must demonstrate 25 Points
that the Bidder understands the work involved, has coordinated with any
subcontractors and has accounted for material availability.
Bidder’s Construction Experience (Form C): Form must be completed in its 15 Points
entirety; do not leave anything blank. Proposal will be evaluated on how thoroughly
questions are answered and the level of experience the Bidder has in projects of
similar scope.
Safety Plan (Form D): The Bidder shall submit a Safety Plan in accordance with 10 Points
Title 11.10 Construction Safety of the Chehalis Tribal Code. Additionally, the Safety
Plan shall address project specific work elements.
Indian Preference (Form E): Preference will be given to qualified applicants who 5 Points
are a Native-owned business. To be considered for Indian preference, you must
submit proof that majority ownership of the company is an enrolled member of a
federally recognized Indian Tribe. Documentation must be submitted to receive the
points.
Bonding (Form F): Proposals are required to provide a 5% bid bond in order to be
considered a responsive bid proposal.

Pass/Fail

Non-Collusion Declaration (Form G): Proposals are required to include the NonCollusion Declaration in order to be considered a responsive bid proposal.

Pass/Fail

Signature Page (Form H): Proposals are required to include the Signature Page in Pass/Fail
order to be considered a responsive bid proposal.
TOTAL POINTS: 100 Points

Confederated Tribes of The Chehalis Reservation
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Proposal Requirements

Bidder:

FORM A: BID PROPOSAL/SCHEDULE OF VALUES
ANDERSON ROAD RESTORATION

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

RFP-15

April 2026 Form
A: Bid Proposal

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

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April 2026 Form
A: Bid Proposal

Bidder:

FORM B: PROJECT APPROACH AND SCHEDULE
CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION
REQUEST FOR PROPOSAL
ANDERSON ROAD RESTORATION
PROJECT APPROACH
The Anderson Road Restoration project includes roadway and infrastructure improvements to
Anderson Road. The improvements include roadway reconstruction, watermain installation,
trenching for utility undergrounding, and lighting installation.
CONSTRUCTION APPROACH
The Bidder shall provide detail on how they will address the following items:
1. Address subcontractor scope and coordination. List all subcontractors and specific work
items they will be completing.
2. Provide a detailed narrative describing your traffic control plan. This must include the
following:
• A detailed description of your construction sequence.
• Will there be any road closures and if so for how long?
• How many flaggers will you have and how/where will they be used?
• How will you accommodate pedestrians?
• How will you ensure access to adjacent residences or businesses at all
times?
• Outline signage and illumination plan.
• Provide a traffic control project schedule showing each phase affecting
traffic and the planned method of handling traffic by phase including length
of time of any road closures.
3. Describe material and equipment staging. Attach a diagram identifying locations where
material and equipment that is delivered or staged on-site will be located. Identified staging
area must be provided to us in writing showing you have landowner approval.
4. Present in the proposal, the coordination of items with long lead deliveries to complete
project in the most time- and cost-effective manner. The project schedule will be evaluated
to assess the Bidder’s approach to complete the project. Project schedules must also
demonstrate that the Bidder understands the work involved, has coordinated with any
subcontractors and has accounted for material availability.

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

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April 2026 Form
B: Project Approach and Schedule

PROJECT SCHEDULE
Include a preliminary Type A progress schedule for the project, by activity, in accordance with
Section 1-08.3 (2)A, of the WSDOT Standard Specifications indicating when each activity will be
accomplished. Identify any significant milestones or deadlines. Include due dates for all
deliverables. The schedule must include all construction activities and provide adequate detail to
establish an acceptable and realistic construction duration and sequence to complete the project.

Confederated Tribes of The Chehalis Reservation
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April 2026 Form
B: Project Approach and Schedule

FORM C: BIDDER’S CONSTRUCTION EXPERIENCE
NOTE: All questions must be answered and the data given must be clear and
comprehensive. If necessary, include separate sheets.
6.1.

How many years has your organization been in business as a Contractor?

6.2.

How many years has your organization been in business under this present business
name?

6.3.

Under what other or former names has your organization operated?

6.4.

If your organization is a corporation, answer the following:

6.5.

6.6.

•

Date of incorporation:

•

State of incorporation:

•

President’s name:

If your organization is a partnership, answer the following:
•

Date of organization:

•

Type of partnership (if applicable):

•

Names of general partner:

If your organization is individually owned, answer the following:
•

Date of organization:

•

Name of owner:

6.7.

Describe the general character of work performed by your company.

6.8.

On a separate sheet, list major construction contracts your organization has in progress,
giving the name of the project, owner, contract amount, percent complete, and scheduled
completion date.

6.9.

Have you ever failed to complete any work awarded to you? If so, why and where?

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

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April 2026
Form C: Bidder’s Construction Experience

6.10.

Have you ever defaulted on a Contract? If yes, provide details on separate sheet.

6.11.

List projects of similar scope completed by your company. Include the approximate cost
for each, the client, and the month and year completed. Be sure to list all previous
experience with construction of roadways and underground utilities.

6.12.

List the major equipment available for this contract.

6.13.

On a separate sheet, list jobs completed that are of similar type and magnitude to this
project, include: project name, description of work performed, completion date, client
name, reference phone number, and dollar value.

6.14.

State the average annual amount of construction work performed during the past five
years.

6.15.

Will you, upon request, fill out a detailed financial statement and furnish any other
information that may be required by the Tribe?

6.16.

List all claims and litigations for similar projects performed during the past 5 years

6.17.

Name of Organization:
Signature:
Printed Name:
Title:
Date:

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

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April 2026
Form C: Bidder’s Construction Experience

FORM D: SAFETY PLAN
CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION
REQUEST FOR PROPOSAL
ANDERSON ROAD RESTORATION
The Bidder shall submit a project-specific Safety Plan in accordance with Title 11.10 Construction
Safety of the Chehalis Tribal Code, available at:
https://www.codepublishing.com/WA/ChehalisTribe/html/ChehalisTribe11/ChehalisTribe1110.html
The Safety Plan must describe how site-specific construction safety will be ensured in the
following areas:
•

Personal protective equipment.

•

Worksite housekeeping.

•

Employee training.

•

Fall protection.

•

Emergency response/accidents/injury response including investigations and reporting.

•

Fire protection.

•

Hand and power tools.

•

Heavy equipment/vehicles.

•

Material handling and storage.

•

Confined space.

Describe your policy for employee safety, including all subcontractors, and how you handle noncompliance with on-site safety. List all employees, including subcontractors, that have completed
safety training such as:
•

First aid/CPR/blood borne pathogens.

•

Heavy equipment operator.

•

Hazardous waste operations and emergency response (HAZWOPER).

Additionally, the Safety Plan shall address the following project specific work elements:
1. Spill Prevention, Control, and Countermeasures Plan (SPCC Plan).
The Bidder’s SPCC shall be in accordance with Section 1-07.15(1) of the WSDOT
Standard Specifications.

Confederated Tribes of The Chehalis Reservation
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Form D: Safety Plan

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Form D: Safety Plan

FORM E: INDIAN PREFERENCE
CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION
REQUEST FOR PROPOSAL
ANDERSON ROAD RESTORATION
Preference will be given to qualified applicants who are members of federally recognized Indian
tribes. To be considered for Indian Preference, you must submit proof of enrollment in a federally
recognized Indian tribe.

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

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April 2026
Form E: Indian Preference

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April 2026
Form E: Indian Preference

FORM F: BONDING
CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION
REQUEST FOR PROPOSAL
ANDERSON ROAD RESTORATION
BID BOND
A 5% bid bond per WSDOT Standard Specification 1-02.7 shall accompany each Bid.
CONTRACT BOND
(This is provided as information on what will be required of the successful bidder upon entering
into a contract with the Chehalis Tribe.)
Bidders are not required to submit a Contract Bond as part of the RFP review process.
The successful bidder will be required to furnish a Performance Bond and Payment Bond written
by a company licensed to do business in Washington in an amount equal to one hundred percent
(100%) of the contract amount.
A performance and payment bond is a surety bond furnished by the Contractor and the
Contractor’s surety that guarantees performance of the Work and payment to laborers,
mechanics, subcontractors, and material suppliers. The Contract Bond is intended to provide
protection to the Tribe for the Contractor’s obligations with respect to construction and post
construction phases of the Project.
RIGHT OF WAY PERFORMANCE AGREEMENT AND BOND
A right of way performance agreement and bond will be required for the work within Confederated
Tribes of the Chehalis Reservation. The contractor shall provide a bond, letter of credit, or cash
deposit to the Confederated Tribes of the Chehalis Reservation for 150% of the estimated value
of the work.

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Anderson Road Restoration

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April 2026
Form F: Bonding

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April 2026
Form F: Bonding

FORM G: NON-COLLUSION DECLARATION
I, by signing the Proposal, hereby declare, under penalty of perjury under the laws of the United
States, that the following statements are true and correct:
•

That the undersigned person(s), firm, association, or corporation has (have) not, either
directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in connection with the
project for which this proposal is submitted.

•

That by signing the signature page of this proposal, I am deemed to have signed and have
agreed to the provisions of this declaration.

NOTICE TO ALL BIDDERS
To report bid rigging activities, call 1‐800‐424‐9071.
The US Department of Transportation operates the above toll-free hotline Monday through Friday,
8:00 a.m. to 5:00 p.m. Eastern time. Anyone with knowledge of possible rigging, bidder collusion,
or other fraudulent activities should use the hotline to report such activities.
This hotline is part of the USDOT’s continuing effort to identify and investigate highway
construction contract fraud and abuse and is operated under the direction of the USDOT Inspector
General. All information will be treated as confidential and caller anonymity will be respected.

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

RFP-27

April 2026
Form G: Non-Collusion Declaration

This Page Intentionally Left Blank

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

RFP-28

April 2026
Form G: Non-Collusion Declaration

FORM H: SIGNATURE PAGE
The undersigned hereby certifies that he/she has examined the location of: ***Anderson Road
Restoration*** and has read and thoroughly understands the plans, specifications, and contract
governing the work in this improvement. The undersigned is deemed to have acknowledged all
requirements and signed all certificates contained herein. The undersigned proposes to undertake
and complete the work in this improvement
ADDENDA ACKNOWLEDGEMENT
Receipt of the following Addenda to the Plans and/or Specifications is hereto acknowledged:
Addendum
No.

Addendum Receipt Date

Signed Acknowledgement

1.
2.
3.
4.
NOTE: Failure to acknowledge receipt of the Addenda may be considered as an irregularity in the
Proposal.

Bidder

Date

Contractor’s Unified Business Identifier (UBI) No.

Contractor’s License No.

Contractor’s DUNS No.
`

Contractor’s DOR State Excise Tax Reg. No.

By:
Authorized Official
Address:

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

RFP-29

April 2026
Form H: Signature Page

This Page Intentionally Left Blank

Confederated Tribes of The Chehalis Reservation
Anderson Road Restoration

RFP-30

April 2026
Form H: Signature Page

APPENDIX A
CONTRACT (INFORMATIONAL ONLY)

Confederated Tribes of the Chehalis Reservation

CONSTRUCTION CONTRACT
This Contract is made on the ___ day of ___________, by and between the Confederated
Tribes of the Chehalis Reservation, hereinafter referred to as “Tribe” and (Insert name of
company), (Type of contractor), hereinafter referred to as “Contractor.” This Contract is made
for work to be performed for the benefit of the Tribe in order to make the necessary
improvements to afford safe, healthy, and sound construction for the Tribe and in compliance
with appropriate Tribal and federal provisions.
RECITALS
Contractor, in consideration of the sum indicated on the Contractor’s Proposal, which by this
reference is made a part hereof, and in consideration of the other covenants and agreements
herein contained, agrees to perform and complete the work herein described:
1. A. Contractor shall accomplish all the work for this project as indicated in the attached Bid
(Name of project), which is made a part hereof, which includes the project specifications
and are also incorporated as part of this Contract.
B. The Scope of Work covered by this Contract shall be completed by (Name of contractor).
C. Excusable delays.
Except with respect to failures of subcontractors, the Contractor shall not be considered
to have failed in performance of this contract if such failure arises out of causes beyond
the control and without the fault or negligence of the Contractor. Such cause may include,
but are not restricted to, Acts of God or the public enemy, acts of the Government in
either its sovereign or contractual capacity, acts of the owner, fires, floods, quarantine
restrictions, strikes, freight embargoes, and unusually severe weather, but in every case
failure to perform must be beyond the control and without the fault or negligence of the
Contractor. If the failure to perform is caused by the failure of a subcontractor to perform,
and if such failure arises out of the cause beyond the control of both the Contractor and
subcontractor and without the fault or negligence of either of them, the contractor shall
not be deemed to have failed in performance of the Contract, unless (a) the supplies or
services to be furnished by the subcontractor were obtained from other supplies, and (b)
the Contractor shall have failed to comply reasonably with such order. The Contractor
shall within 10 days from beginning of such delay notify the Tribe in writing of the
causes of the delay. The Tribe shall ascertain the facts and extent of such failure and, if
determined that any failure to perform was occasioned by any one or more of the said
cause, the delivery schedule shall be revised accordingly.
2. The Tribe shall make payments to the Contractor of a sum not to exceed the total amount of
$_______. The Tribe shall make payments within 30 days after completion of the work, or
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by a timeline agreed to by both parties and attached and made part of this Contract. The last
payment will be made with the approval of work by the Tribal Business Committee. A 5%
retainage fee shall be held until all parties, including the Tribal Building Inspector, accept the
work as being complete including all punch list items. All warranties and lien waivers and
project as-builts as specified must be received prior to final payment.
3. Amendments and work orders to this Contract shall only be made upon written amendments
agreed to and executed by the parties.
4. Contractor shall obtain and maintain all required licenses or permits, and meet all
requirements of the Tribe, State, and/or Federal laws as applicable for the successful
completion of this project. Contractor will provide copies of his Contractor’s License,
Workers Compensation, Bonding and/or Insurance Certificate.
5. Contractor shall not enter into any subcontracts for any of the work scheduled under this
Contract, or assign any right, interest or obligation under this Contract, without obtaining
prior written approval of the Tribe.
6. Warranty.
Contractor warrants that all materials used will be new and of good quality unless use of
other materials is approved in writing by the Tribe, and that all work will be free of defects in
workmanship, and that the work will conform to the conditions of this Contract and the
standards in the industry. This warranty is for a period of 12 months following the date the
work is approved by the Business Committee. Any warranty claim shall be submitted to
Contractor in writing within the 12 month period.
7. Termination Conditions.
In event of contract termination by any of the following provisions, the parties agree to make
notification in writing of the reasons for termination and the effective date.
A. Termination for Cause.
The Tribe, by written notice of default (including breach of contract) to the Contractor
may immediately terminate the whole or any part of this Contract if Contractor failed to
perform in the manner called for by this Contract; or fails to provide the services within
the time specified herein, or any of the other provisions of this Contract; or fails to pursue
the work as to endanger performance of this Contract in accordance with its terms and
fails to correct such failures.
B. Termination for Bankruptcy or Insolvency.
The Tribe may immediately terminate Contract if Contractor files and is involuntarily
declared to be bankrupt or insolvent according to law, or if assignment of Contractor’s
property shall be made for the benefit of creditors. The Tribe may thereupon remove
Contractor and his effects, if any, forcibly if necessary, without being deemed guilty of
trespass and without prejudice to any remedy which otherwise might be used.
C. Termination for convenience.
This Contract may be terminated in whole or in part if the Tribe and Contractor agree that
continuation of the project would not produce beneficial results commensurate with the
further expenditure of funds. The parties will agree upon termination conditions,
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including effective date, and in the case of partial termination, the portions to be
terminated.
D. Termination in Event of Damaged or Destroyed Property.
This Contract may be terminated by Contractor if the property is substantially damaged
or destroyed by fire, natural disaster or causes other than by deliberate acts or negligence
by the Contractor.
8. The rights and remedies of the Tribe provided in Section 7 related to defaults by the
Contractor shall not be exclusive and are in addition to any other rights or remedies provided
by law or under this Contract.
9. Compensation in Event of Termination.
If Contract is terminated for reasons identified in Section 7 above, the Tribe will compensate
the Contractor proportionately for the work that has been satisfactorily completed. The Tribe
in accordance with generally accepted standards of the trade will make the determination of
satisfactory work.
10. Contractor shall comply with the Copeland “Anti-Kickback” Act (18 USC § 847) as
supplemented in Department of Labor Regulations, (29 CFR Part 3) and shall not induce by
any means, any person employed by this project, to give up any part of the compensation to
which they are otherwise entitled.
11. Contractor Continuously throughout the term of this Agreement, Contractor shall carry and
maintain, at Contractor’s expense, general liability, errors and omissions, automobile,
property damage, and if applicable, workman’s compensation insurance. Contractor must
provide a Certificate of Insurance naming the Tribe as Additional Insured showing the
following coverages:
Commercial General Liability Each Occurrence $1,000,000
General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Personal Injury $1,000,000
Damages to Rented Premises $50,000
Automobile Liability Including: $1,000,000
Any Auto
Hired & Non-Owned Autos
Workers’ Compensation:
Statutory Worker’s Compensation insurance as prescribed by applicable law as
evidenced by a Certificate of Insurance from State of Washington Department of
Labor and Industries during the period of this contract.
WA Stop Gap (Employers Liability)
Per Accident $1,000,000
Disease $1,000,000
Each Employee $1,000,000
12. Contractor shall furnish all necessary machinery, tools, apparatus, equipment, supplies,
materials, and labor unless otherwise specified in the Contract documents.
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13. It is expressly understood that the laws of the Tribe and where applicable Federal laws shall
govern this Contract.
14. Any litigation necessary to enforce the obligations of either party under this Contract must be
brought into the Tribal Court of the Tribe to the extent jurisdiction obtains. Both as to
interpretation and performance, the tribal laws of the Tribe shall govern this Contract; in the
absence of tribal law, federal law applies. Nothing in this Contract shall be deemed or
construed as a waiver of the sovereign immunity of the Tribe or any of its subsidiaries,
officers, directors, employees, or representatives.
15. Contractor shall promptly, as due, make payments of all debts, dues, demands and
obligations incurred in the performance of this Contract and shall not permit any lien or
claim to be filed or prosecuted against the Owner or the Tribe.
16. Contactor hereby agrees to indemnify and hold Tribe harmless from any and all claims,
causes of action, losses, damages, and expenses, including attorney’s fees, arising out of
Contractor’s performance of the work.
17. If any provision of this Contract is held invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of any other provision of this
Contract.
18. Contractor must apply for and be issued a Tribal Business License in order to work within
the exterior boundaries of the Chehalis Reservation. The fee for the license is $50.00.
19. For all tribally-owned projects, Contractor and all sub-contractors shall exercise Native
Preference and Chehalis Tribal Preference, as described in the Chehalis Tribal Procurement
Policies, in hiring staff or engaging subcontractors for the completion of the work. The
Tribe’s Planning Department shall assist Contractor in exercising this preference by
providing copies of relevant policy sections and advising Contractor with regard to hiring or
engagement of subcontractors at Contractor’s request.
20. Contractor acknowledges that Washington State sales and excise taxes do not apply to the
delivery of the goods and/or services described under this Contract to the Chehalis Tribe
within the Tribe’s jurisdiction, and shall not include any Washington or other State sales or
excise tax in the fee charged for performing the work.
21. Contractor shall retain for not less than three years all financial and other records pertinent to
this Contract and make such records available to agents of the Tribe and to agents of any
federal agency identified by the Tribe or the Comptroller General of the United States, for the
purpose of conducting an audit.
22. Nothing in this Contract shall be construed so as to create any relationship of joint venture,
partnership, employer/employee, agency, landlord/tenant or any similar relationship between
the parties. Contractor is solely responsible for compliance with any laws and regulations
applicable to Contractor, and for payment of any self-employment or other taxes that may
apply to Contractor’s earnings resulting from performance of this Contract.
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23. Contractor shall maintain and enforce adequate policies to ensure that all of Contractor’s
employees, representatives, agents and subcontractors maintain a drug and alcohol-free
working environment while performing the work. The use of drugs or alcohol by Contractor
or any of Contractor’s employees, agents, or subcontractors while providing services under
this Agreement, or the performance of services under this Agreement by such persons while
under the influence of drugs or alcohol, shall constitute a material breach of this Agreement.
In the event of such a breach, the Chehalis Tribe may terminate this Agreement immediately
by giving verbal or written notice to Contractor or to Contractor’s senior on-site agent or
employee.
24. The Chehalis Tribe maintains the inherent authority to remove and exclude from the territory
of the Chehalis Tribe, which includes the Chehalis Reservation and tribal trust lands, any
person who is not an enrolled Chehalis tribal member and whose presence in the Tribe’s
territory may be injurious to the peace, health, or welfare of the Chehalis Tribe. Contractor
shall maintain and enforce adequate internal policies and procedures to ensure that neither
Contractor nor Contractor’s employees, agents, or subcontractors who enter the Tribe’s
territory pursuant to this Agreement shall have been convicted of a criminal offense
consisting of a “sex offense” requiring registration as a “sex offender,” or of a “domestic
violence offense,” as those terms are defined or understood under the laws of the United
States, Chehalis tribal law, or the law of any tribe or state. The presence of such a person in
the Tribe’s territory on Contractor’s behalf under this Agreement shall constitute a material
breach of this Agreement. In the event of such a breach, the Chehalis Tribe may terminate
this Agreement immediately by giving verbal or written notice to Contractor or to
Contractor’s senior on-site agent or employee. The Chehalis Tribe reserves the right to
confirm Contractor’s compliance with this provision by conducting a criminal background
check of Contractor and any of Contractor’s employees, agents, or subcontractors who
perform work within the territory of the Chehalis Tribe under this Agreement. Contractor
shall comply in a timely manner with the Chehalis Tribe’s reasonable request for the personal
identifying information of Contractor or Contractor’s employees, agents, or subcontractors
for the limited purpose of performing a criminal background check to verify Contractor’s
compliance with this provision.
Confederated Tribes of the Chehalis Reservation

Date: DATE

Signed: ______________________________
Name:

Contractor
Signed: ______________________________
Name:

Date: ___________

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SPECIAL PROVISIONS

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INTRO.GR1

INTRODUCTION
This Contract shall be constructed in accordance with the 2026 Standard Specifications for
Road, Bridge, and Municipal Construction.

SPECIAL PROVISIONS
Several types of Special Provisions are included in this contract; General, Region, Bridges
and Structures, and Project Specific. Special Provisions types are differentiated as follows:
(date)
(******)
(Regions1 date)

General Special Provision
Notes a revision to a General Special Provision
and also notes a Project Specific Special
Provision.
Region Special Provision

General Special Provisions are similar to Standard Specifications in that they typically apply
to many projects, usually in more than one Region. Usually, the only difference from one
project to another is the inclusion of variable project data, inserted as a “fill-in”.
Project Specific Special Provisions normally appear only in the contract for which they were
developed.
DIVISION1.GR1

Division 1
General Requirements
DESWORK.GR1

DESCRIPTION OF WORK
(March 13, 1995)
This Contract provides for the improvement of *** This project is privatively funded and will
provide improvements to Anderson Road including new water main extension, undergrounding of existing utilities, and resurfacing of the existing pavement. Project elements
include traffic control, roadway reconstruction, erosion control and utility trenching. This private
project will bid, and payment administrated, on a lump sum basis. *** and other work, all in
accordance with the attached Contract Plans, these Contract Provisions, and the Standard
Specifications.
1-05.4.GR1

Conformity with and Deviations from Plans and Stakes
1-05.4.INST1.GR1
Section 1-05.4 is supplemented with the following:
1-05.4.OPT2.GR1

(January 13, 2021)
Contractor Surveying - Roadway
The Contracting Agency has provided primary survey control in the Plans.

133.005 ANDERSON ROAD RESTORATION January 15, 2026

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The Contractor shall be responsible for setting, maintaining, and resetting all alignment
stakes, slope stakes, and grades necessary for the construction of the roadbed, drainage,
surfacing, paving, channelization and pavement marking, illumination and signals,
guardrails and barriers, and signing. Except for the survey control data to be furnished
by the Contracting Agency, calculations, surveying, and measuring required for setting
and maintaining the necessary lines and grades shall be the Contractor's responsibility.
The Contractor shall inform the Engineer when monuments are discovered that were not
identified in the Plans and construction activity may disturb or damage the monuments.
All monuments noted on the plans “DO NOT DISTURB” shall be protected throughout the
length of the project or be replaced at the Contractors expense.
Detailed survey records shall be maintained, including a description of the work
performed on each shift, the methods utilized, and the control points used. The record
shall be adequate to allow the survey to be reproduced. A copy of each day's record shall
be provided to the Engineer within three working days after the end of the shift.
The meaning of words and terms used in this provision shall be as listed in "Definitions of
Surveying and Associated Terms" current edition, published by the American Congress
on Surveying and Mapping and the American Society of Civil Engineers.
The survey work shall include but not be limited to the following:
1.

Verify the primary horizontal and vertical control furnished by the Contracting
Agency, and expand into secondary control by adding stakes and hubs as well
as additional survey control needed for the project. Provide descriptions of
secondary control to the Contracting Agency. The description shall include
coordinates and elevations of all secondary control points.

2.

Establish, the centerlines of all alignments, by placing hubs, stakes, or marks on
centerline or on offsets to centerline at all curve points (PCs, PTs, and PIs) and
at points on the alignments spaced no further than 50 feet.

3.

Establish clearing limits, placing stakes at all angle points and at intermediate
points not more than 50 feet apart. The clearing and grubbing limits shall be 5
feet beyond the toe of a fill and 10 feet beyond the top of a cut unless otherwise
shown in the Plans.

4.

Establish grading limits, placing slope stakes at centerline increments not more
than 50 feet apart. Establish offset reference to all slope stakes. If Global
Positioning Satellite (GPS) Machine Controls are used to provide grade control,
then slope stakes may be omitted at the discretion of the Contractor

5.

Establish the horizontal and vertical location of all drainage features, placing
offset stakes to all drainage structures and to pipes at a horizontal interval not
greater than 25 feet.

6.

Establish roadbed and surfacing elevations by placing stakes at the top of
subgrade and at the top of each course of surfacing. Subgrade and surfacing
stakes shall be set at horizontal intervals not greater than 50 feet in tangent
sections, 25 feet in curve sections with a radius less than 300 feet, and at 10-

133.005 ANDERSON ROAD RESTORATION January 15, 2026

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foot intervals in intersection radii with a radius less than 10 feet. Transversely,
stakes shall be placed at all locations where the roadway slope changes and at
additional points such that the transverse spacing of stakes is not more than 12
feet. If GPS Machine Controls are used to provide grade control, then roadbed
and surfacing stakes may be omitted at the discretion of the Contractor.
7.

Establish intermediate elevation benchmarks as needed to check work
throughout the project.

8.

Provide references for paving pins at 25-foot intervals or provide simultaneous
surveying to establish location and elevation of paving pins as they are being
placed.

9.

For all other types of construction included in this provision, (including but not
limited to channelization and pavement marking, illumination and signals,
guardrails and barriers, and signing) provide staking and layout as necessary to
adequately locate, construct, and check the specific construction activity.

10. Contractor shall determine if changes are needed to the profiles or roadway
sections shown in the Contract Plans in order to achieve proper smoothness
and drainage where matching into existing features, such as a smooth transition
from new pavement to existing pavement. The Contractor shall submit these
changes to the Engineer for review and approval 10 days prior to the beginning
of work.
The Contractor shall provide the Contracting Agency copies of any calculations and
staking data when requested by the Engineer.
The Contractor shall ensure a surveying accuracy within the following tolerances:
Vertical
0.10 feet

Horizontal
0.10 feet

0.01 feet

0.5 feet
(parallel to alignment)
0.1 feet
(normal to alignment)

Stationing on roadway
Alignment on roadway
Surfacing grade stakes

N/A
N/A
0.01 feet

0.1 feet
0.04 feet
0.5 feet
(parallel to alignment)
0.1 feet
(normal to alignment)

Roadway paving pins for
surfacing or paving

0.01 feet

0.2 feet
(parallel to alignment)
0.1 feet
(normal to alignment)

Slope stakes
Subgrade grade stakes set
0.04 feet below grade

133.005 ANDERSON ROAD RESTORATION January 15, 2026

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The Contracting Agency may spot-check the Contractor's surveying. These spot-checks
will not change the requirements for normal checking by the Contractor.
When staking roadway alignment and stationing, the Contractor shall perform
independent checks from different secondary control to ensure that the points staked are
within the specified survey accuracy tolerances.
The Contractor shall calculate coordinates for the alignment. The Contracting Agency will
verify these coordinates prior to issuing approval to the Contractor for commencing with
the work. The Contracting Agency will require up to seven calendar days from the date
the data is received.
Contract work to be performed using contractor-provided stakes shall not begin until the
stakes are approved by the Contracting Agency. Such approval shall not relieve the
Contractor of responsibility for the accuracy of the stakes.
Stakes shall be marked in accordance with Standard Plan A10.10. When stakes are
needed that are not described in the Plans, then those stakes shall be marked, at no
additional cost to the Contracting Agency as ordered by the Engineer.

Payment
Payment will be made for the following bid item when included in the proposal:
"Roadway Surveying", lump sum.
The lump sum contract price for "Roadway Surveying" shall be full pay for all labor,
equipment, materials, and supervision utilized to perform the Work specified, including
any resurveying, checking, correction of errors, replacement of missing or damaged
stakes, and coordination efforts.
1-05.14.GR1

Cooperation with Other Contractors
1-05.14.INST1.GR1
Section 1-05.14 is supplemented with the following:

(March 13, 1995)
Other Contracts Or Other Work
It is anticipated that the following work adjacent to or within the limits of this project will
be performed by others during the course of this project and will require coordination of
the work:
*** Puget Sound Energy, Grays Harbor PUD, Lumen, and Comcast utility relocation
throughout the project site. ***
Add the following new section:
1-05.16
Water and Power
(October 1, 2005 APWA GSP)

133.005 ANDERSON ROAD RESTORATION January 15, 2026

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The Contractor shall make necessary arrangements, and shall bear the costs for power and
water necessary for the performance of the work, unless the contract includes power and
water as a pay item.
1-07.17.GR1

Utilities and Similar Facilities
1-07.17.INST1.GR1
Section 1-07.17 is supplemented with the following:
(October 3, 2022)
Locations and dimensions shown in the Plans for existing facilities are in accordance with
available information obtained without uncovering, measuring, or other verification.
Public and private utilities, or their Contractors, will furnish all work necessary to adjust,
relocate, replace, or construct their facilities unless otherwise provided for in the Plans or
these Special Provisions. Such adjustment, relocation, replacement, or construction will
be done during the prosecution of the work for this project. It is anticipated that utility
adjustment, relocation, replacement, or construction within the project limits will be
completed as follows:
*** The contractor will perform all excavation, backfill, and restoration for the joint
utility trenches; install conduits and utility vaults provided by the utility purveyors
except as otherwise noted on the plans. The utility purveyors will pull wires, set
meters, transformers, pedestals, and remove existing facilities ***
The Contractor shall attend a mandatory utility preconstruction meeting with the Engineer,
all affected subcontractors, and all utility owners and their Contractors prior to beginning
onsite work.
The following addresses and telephone numbers of utility companies or their Contractors
that will be adjusting, relocating, replacing or constructing utilities within the project limits
are supplied for the Contractor's use:
*** Grays Harbor PUD
Molly Conley, P.E.
mconley@ghpud.org
O: 360-538-6377 | C: 509-981-3888
Puget Sound Energy
Jamie Silverson
360-353-6005
Jamie.Silverson@pse.com
Lumen
Chris McCall
tel: 360-504-0481
chris.mccall@lumen.com
Comcast
Mark Torres
Mobile - 206-396-9334

133.005 ANDERSON ROAD RESTORATION January 15, 2026

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mark_torres@comcast.com ***
1-08.5.GR1

Time for Completion
1-08.5.INST2.GR1
Section 1-08.5 is supplemented with the following:
(March 13, 1995)
This project shall be physically completed within *** 60 *** working days.

Liquidated Damages
Section 1-08.9 is revised to read:
(September 8, 2020)
Liquated Damages in the amount of ***$1,500*** per working day will be assessed for
failure to physically complete the Contract within the physical completion time specified.
DIVISION3.GR3

Division 2
Temporary Features
2-03.GR3

Public Convenience and Safety
2-03.3(1)
Section 2-03.3(1) is supplemented with the following:
The Work Zone Clear Zone (WZCZ) applies during working and nonworking hours. The
WZCZ applies only to temporary roadside objects introduced by the Contractor’s operations
and does not apply to preexisting conditions or permanent Work. Those work operations
that are actively in progress shall be in accordance with adopted and approved Traffic Control
Plans, and other contract requirements.
During nonworking hours equipment or materials shall not be within the WZCZ
unless they are protected by permanent guardrail or temporary concrete barrier.
The use of temporary concrete barrier shall be permitted only if the Engineer
approves the installation and location.
During actual hours of work, unless protected as described above, only
materials absolutely necessary to construction shall be within the WZCZ and
only construction vehicles absolutely necessary to construction shall be allowed
within the WZCZ or allowed to stop or park on the shoulder of the roadway.
The Contractor's nonessential vehicles and employees private vehicles shall not be permitted
to park within the WZCZ at any time unless protected as described above. Deviation from
the above requirements shall not occur unless the Contractor has requested the deviation
in writing and the Engineer has provided written approval.
Minimum WZCZ distances are measured from the edge of traveled way and will be
determined as follows:

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Regulatory
Posted Speed
35 mph or less
40 mph
45 to 50 mph
55 to 60 mph
65 mph or greater
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Division 3
Earthwork
3-02.3.GR3

Construction Requirements
3-02.3(4).docx
Pulverize Existing Bituminous or Asphalt Surface (New Section)
(October 27, 2025 JSA)
The Contractor shall pulverize the full depth of the existing bituminous and/or asphalt
surface (maximum depth anticipated is 4 inches or less)
This work shall not be performed until all underground utilities are installed, and asphalt
repair areas have been constructed. Filling, grading, shaping, spreading, and compacting
operations shall continue alternately until the grades and typical cross section are
achieved as indicated on the Plans, and/or directed by the Engineer.
The Contractor shall compact the pulverized materials to provide a firm, unyielding
subgrade to the satisfaction of the Engineer.
The pulverized material shall conform to the following gradation:
Sieve Size
1-1/2-inch square opening
No. 4

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Distance From
Traveled Way
(Feet)
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Percent Passing
95%
55%

The Engineer will base acceptance of the gradation on visual inspection in the field.
Existing asphalt pavement shall be pulverized by a method that does not damage or
dislodge the material or structures below the surface as shown on the Plans.
Vehicle traffic access shall be provided at all times along the project corridor for the
duration of Contract. The pulverized material shall be shaped and rolled when necessary
to allow the roadway to be open to traffic. When directed by the Engineer, water will be
added to the pulverized material as may be required during processing and compaction
operations to achieve the desired results.

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DIVISION5.GR5

Division 5
Surface Treatments and Pavements
5-04.GR5

Hot Mix Asphalt
5-04
Hot Mix Asphalt
(January 31, 2023 APWA GSP)
Delete Section 5-04, Hot Mix Asphalt, and replace it with the following:
5-04.1 Description
This Work shall consist of providing and placing one or more layers of plant-mixed hot
mix asphalt (HMA) on a prepared foundation or base in accordance with these
Specifications and the lines, grades, thicknesses, and typical cross-sections shown
in the Plans. The manufacture of HMA may include warm mix asphalt (WMA) processes
in accordance with these Specifications. WMA processes include organic additives,
chemical additives, and foaming.
HMA shall be composed of asphalt binder and mineral materials as may be required,
mixed in the proportions specified to provide a homogeneous, stable,
and workable mixture.
5-04.2 Materials
Materials shall meet the requirements of the following sections:
Asphalt Binder
9-02.1(4)
Cationic Emulsified Asphalt
9-02.1(6)
Anti-Stripping Additive
9-02.4
HMA Additive
9-02.5
Aggregates
9-03.8
Recycled Asphalt Pavement (RAP) 9-03.8(3)B, 9-03.21
Reclaimed Asphalt Shingles (RAS) 9-03.8(3)B, 9-03.21
Mineral Filler
9-03.8(5)
Recycled Material
9-03.21
The Contract documents may establish that the various mineral materials required for
the manufacture of HMA will be furnished in whole or in part by the Contracting Agency.
If the documents do not establish the furnishing of any of these mineral materials by the
Contracting Agency, the Contractor shall be required to furnish such materials in the
amounts required for the designated mix. Mineral materials include coarse and fine
aggregates, and mineral filler.
The Contractor may choose to utilize recycled asphalt pavement (RAP) in the production
of HMA. The RAP may be from pavements removed under the Contract, if any, or
pavement material from an existing stockpile.

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The Contractor may use up to 20 percent RAP by total weight of HMA with no additional
sampling or testing of the RAP.
If the Contractor wishes to utilize High RAP/Any RAS, the design must be listed on the
WSDOT Qualified Products List (QPL).
The grade of asphalt binder shall be as required by the Contract. Blending of asphalt
binder from different sources is not permitted.
The Contractor may only use warm mix asphalt (WMA) processes in the production of
HMA with 20 percent or less RAP by total weight of HMA. The Contractor shall submit to
the Engineer for approval the process that is proposed and how it will be used in the
manufacture of HMA.
Production of aggregates shall comply with the requirements of Section 3-01.
Preparation of stockpile site, the stockpiling of aggregates, and the removal of
aggregates from stockpiles shall comply with the requirements of Section 3-02.
5-04.2(1) How to Get an HMA Mix Design on the QPL
If the Contractor wishes to submit a mix design for inclusion in the Qualified Products List
(QPL), please follow the WSDOT process outlined in Standard Specification 5-04.2(1).
5-04.2(1)A Vacant
5-04.2(2) Mix Design - Obtaining Project Approval
No paving shall begin prior to the approval of the mix design by the Engineer.
Nonstatistical evaluation will be used for all HMA not designated as Commercial HMA
in the Contract documents.
Commercial evaluation will be used for Commercial HMA and for other classes of HMA
in the following applications: sidewalks, road approaches, ditches, slopes, paths, trails,
gores, prelevel, temporary pavement, and pavement repair. Other nonstructural
applications of HMA accepted by commercial evaluation shall be as approved by the
Project Engineer. Sampling and testing of HMA accepted by commercial evaluation will
be at the option of the Project Engineer. The Proposal quantity of HMA that is accepted
by commercial evaluation will be excluded from the quantities used in the determination
of nonstatistical evaluation.
Nonstatistical Mix Design. Fifteen days prior to the first day of paving the Contractor
shall provide one of the following mix design verification certifications for Contracting
Agency review;
•
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The WSDOT Mix Design Evaluation Report from the current WSDOT QPL, or
one of the mix design verification certifications listed below.
The proposed HMA mix design on WSDOT Form 350-042 with the seal and
certification (stamp & signature) of a valid licensed Washington State
Professional Engineer.

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The Mix Design Report for the proposed HMA mix design developed by a
qualified City or County laboratory that is within one year of the approval date.

The mix design shall be performed by a lab accredited by a national authority such as
Laboratory Accreditation Bureau, L-A-B for Construction Materials Testing, The
Construction Materials Engineering Council (CMEC’s) ISO 17025 or AASHTO
Accreditation Program (AAP) and shall supply evidence of participation in the AASHTO:
resource proficiency sample program.
Mix designs for HMA accepted by Nonstatistical evaluation shall:
•

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Have the aggregate structure and asphalt binder content determined in
accordance with WSDOT Standard Operating Procedure 732 and meet the
requirements of Sections 9-03.8(2), except that Hamburg testing for ruts and
stripping are at the discretion of the Engineer, and 9-03.8(6).
Have anti-strip requirements, if any, for the proposed mix design determined in
accordance with AASHTO T 283 or T 324 or based on historic anti-strip and
aggregate source compatibility from previous WSDOT lab testing.

At the discretion of the Engineer, agencies may accept verified mix designs older than 12
months from the original verification date with a certification from the Contractor that the
materials and sources are the same as those shown on the original mix design.
Commercial Evaluation Mix Design. Approval of a mix design for “Commercial
Evaluation” will be based on a review of the Contractor’s submittal of WSDOT Form 350042 (for commercial mixes, AASHTO T 324 evaluation is not required) or a Mix Design
from the current WSDOT QPL or from one of the processes allowed by this section.
Testing of the HMA by the Contracting Agency for mix design approval is not required.
For the Bid Item Commercial HMA, the Contractor shall select a class of HMA and
design level of ESALs appropriate for the required use.
5-04.2(2)B Using Warm Mix Asphalt Processes
The Contractor may elect to use additives that reduce the optimum mixing temperature
or serve as a compaction aid for producing HMA. Additives include organic additives,
chemical additives and foaming processes. The use of Additives is subject to the
following:
• Do not use additives that reduce the mixing temperature more than allowed in
Section 5-04.3(6) in the production of mixtures.
• Before using additives, obtain the Engineer’s approval using WSDOT Form 350076 to describe the proposed additive and process.
5-04.3 Construction Requirements
5-04.3(1) Weather Limitations
Do not place HMA for wearing course on any Traveled Way beginning October 1st
through March 31st of the following year without written concurrence from the Engineer.

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Do not place HMA on any wet surface, or when the average surface temperatures are
less than those specified below, or when weather conditions otherwise prevent the
proper handling or finishing of the HMA.
Minimum Surface Temperature for Paving
Compacted Thickness
(Feet)

Wearing Course

Other Courses

Less than 0.10

55°F

45°F

0.10 to .20

45°F

35°F

More than 0.20

35°F

35°F

5-04.3(2) Paving Under Traffic
When the Roadway being paved is open to traffic, the requirements of this Section
shall apply.
The Contractor shall keep intersections open to traffic at all times except when paving
the intersection or paving across the intersection. During such time, and provided that
there has been an advance warning to the public, the intersection may be closed for the
minimum time required to place and compact the mixture. In hot weather, the Engineer
may require the application of water to the pavement to accelerate the finish rolling of the
pavement and to shorten the time required before reopening to traffic.
Before closing an intersection, advance warning signs shall be placed, and signs shall
also be placed marking the detour or alternate route.
During paving operations, temporary pavement markings shall be maintained throughout
the project. Temporary pavement markings shall be installed on the Roadway prior to
opening to traffic. Temporary pavement markings shall be in accordance with Section 823.
All costs in connection with performing the Work in accordance with these requirements,
except the cost of temporary pavement markings, shall be included in the unit Contract
prices for the various Bid items involved in the Contract.
5-04.3(3) Equipment
5-04.3(3)A Mixing Plant
Plants used for the preparation of HMA shall conform to the following requirements:
1. Equipment for Preparation of Asphalt Binder – Tanks for the storage of
asphalt binder shall be equipped to heat and hold the material at the required
temperatures. The heating shall be accomplished by steam coils, electricity, or
other approved means so that no flame shall be in contact with the storage tank.

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The circulating system for the asphalt binder shall be designed to ensure proper
and continuous circulation during the operating period. A valve for the purpose of
sampling the asphalt binder shall be placed in either the storage tank or in the
supply line to the mixer.
2. Thermometric Equipment – An armored thermometer, capable of detecting
temperature ranges expected in the HMA mix, shall be fixed in the asphalt binder
feed line at a location near the charging valve at the mixer unit. The thermometer
location shall be convenient and safe for access by Inspectors. The plant shall
also be equipped with an approved dial-scale thermometer, a mercury actuated
thermometer, an electric pyrometer, or another approved thermometric
instrument placed at the discharge chute of the drier to automatically register or
indicate the temperature of the heated aggregates. This device shall be in full
view of the plant operator.
3. Heating of Asphalt Binder – The temperature of the asphalt binder shall not
exceed the maximum recommended by the asphalt binder manufacturer nor shall
it be below the minimum temperature required to maintain the asphalt binder in a
homogeneous state. The asphalt binder shall be heated in a manner that will
avoid local variations in heating. The heating method shall provide a continuous
supply of asphalt binder to the mixer at a uniform average temperature with no
individual variations exceeding 25°F. Also, when a WMA additive is included in
the asphalt binder, the temperature of the asphalt binder shall not exceed the
maximum recommended by the manufacturer of the WMA additive.
4. Sampling and Testing of Mineral Materials – The HMA plant shall be equipped
with a mechanical sampler for the sampling of the mineral materials. The
mechanical sampler shall meet the requirements of Section 1-05.6 for the
crushing and screening operation. The Contractor shall provide for the setup and
operation of the field-testing facilities of the Contracting Agency as provided for in
Section 3-01.2(2).
5. Sampling HMA – The HMA plant shall provide for sampling HMA by one of the
following methods:
a.

A mechanical sampling device attached to the HMA plant.

b.

Platforms or devices to enable sampling from the hauling vehicle without
entering the hauling vehicle.

5-04.3(3)B Hauling Equipment
Trucks used for hauling HMA shall have tight, clean, smooth metal beds and shall have a
cover of canvas or other suitable material of sufficient size to protect the mixture from
adverse weather. Whenever the weather conditions during the work shift include, or are
forecast to include precipitation or an air temperature less than 45°F or when time from
loading to unloading exceeds 30 minutes, the cover shall be securely attached to protect
the HMA.

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The Contractor shall provide an environmentally benign means to prevent the HMA
mixture from adhering to the hauling equipment. Excess release agent shall be drained
prior to filling hauling equipment with HMA. Petroleum derivatives or other coating
material that contaminate or alter the characteristics of the HMA shall not be used. For
live bed trucks, the conveyer shall be in operation during the process of applying the
release agent.
5-04.3(3)C Pavers
HMA pavers shall be self-contained, power-propelled units, provided with an internally
heated vibratory screed and shall be capable of spreading and finishing courses of HMA
plant mix material in lane widths required by the paving section shown in the Plans.
The HMA paver shall be in good condition and shall have the most current equipment
available from the manufacturer for the prevention of segregation of the HMA mixture
installed, in good condition, and in working order. The equipment certification shall list
the make, model, and year of the paver and any equipment that has been retrofitted.
The screed shall be operated in accordance with the manufacturer’s recommendations
and shall effectively produce a finished surface of the required evenness and texture
without tearing, shoving, segregating, or gouging the mixture. A copy of the
manufacturer’s recommendations shall be provided upon request by the Contracting
Agency. Extensions will be allowed provided they produce the same results, including
ride, density, and surface texture as obtained by the primary screed. Extensions without
augers and an internally heated vibratory screed shall not be used in the Traveled Way.
When specified in the Contract, reference lines for vertical control will be required. Lines
shall be placed on both outer edges of the Traveled Way of each Roadway. Horizontal
control utilizing the reference line will be permitted. The grade and slope for intermediate
lanes shall be controlled automatically from reference lines or by means of a mat
referencing device and a slope control device. When the finish of the grade prepared for
paving is superior to the established tolerances and when, in the opinion of the Engineer,
further improvement to the line, grade, cross-section, and smoothness can best be
achieved without the use of the reference line, a mat referencing device may be
substituted for the reference line. Substitution of the device will be subject to the
continued approval of the Engineer. A joint matcher may be used subject to the approval
of the Engineer. The reference line may be removed after the completion of the first
course of HMA when approved by the Engineer. Whenever the Engineer determines that
any of these methods are failing to provide the necessary vertical control, the reference
lines will be reinstalled by the Contractor.
The Contractor shall furnish and install all pins, brackets, tensioning devices, wire, and
accessories necessary for satisfactory operation of the automatic control equipment.
If the paving machine in use is not providing the required finish, the Engineer may
suspend Work as allowed by Section 1-08.6. Any cleaning or solvent type liquids spilled
on the pavement shall be thoroughly removed before paving proceeds.
5-04.3(3)D Material Transfer Device or Material Transfer Vehicle

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A Material Transfer Device/Vehicle (MTD/V) shall only be used with the Engineer’s
approval, unless otherwise required by the Contract.
Where an MTD/V is required by the Contract, the Engineer may approve paving without
an MTD/V, at the request of the Contractor. The Engineer will determine if an equitable
adjustment in cost or time is due.
When used, the MTD/V shall mix the HMA after delivery by the hauling equipment and
prior to laydown by the paving machine. Mixing of the HMA shall be sufficient to obtain a
uniform temperature throughout the mixture. If a windrow elevator is used, the length of
the windrow may be limited in urban areas or through intersections, at the discretion of
the Engineer.
To be approved for use, an MTV:
1. Shall be self-propelled vehicle, separate from the hauling vehicle or paver.
2. Shall not be connected to the hauling vehicle or paver.
3. May accept HMA directly from the haul vehicle or pick up HMA from a windrow.
4. Shall mix the HMA after delivery by the hauling equipment and prior to
placement into the paving machine.
5. Shall mix the HMA sufficiently to obtain a uniform temperature throughout the
mixture.
To be approved for use, an MTD:
1. Shall be positively connected to the paver.
2. May accept HMA directly from the haul vehicle or pick up HMA from a windrow.
3. Shall mix the HMA after delivery by the hauling equipment and prior to
placement into the paving machine.
4. Shall mix the HMA sufficiently to obtain a uniform temperature throughout the
mixture.
5-04.3(3)E Rollers
Rollers shall be of the steel wheel, vibratory, oscillatory, or pneumatic tire type, in good
condition and capable of reversing without backlash. Operation of the roller shall be in
accordance with the manufacturer’s recommendations. When ordered by the Engineer
for any roller planned for use on the project, the Contractor shall provide a copy of the
manufacturer’s recommendation for the use of that roller for compaction of HMA. The
number and weight of rollers shall be sufficient to compact the mixture in compliance

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with the requirements of Section 5-04.3(10). The use of equipment that results in
crushing of the aggregate will not be permitted. Rollers producing pickup, washboard,
uneven compaction of the surface, displacement of the mixture or other undesirable
results shall not be used.
5-04.3(4) Preparation of Existing Paved Surfaces
When the surface of the existing pavement or old base is irregular, the Contractor shall
bring it to a uniform grade and cross-section as shown on the Plans or approved by the
Engineer.
Preleveling of uneven or broken surfaces over which HMA is to be placed may be
accomplished by using an asphalt paver, a motor patrol grader, or by hand raking, as
approved by the Engineer.
Compaction of preleveling HMA shall be to the satisfaction of the Engineer and may
require the use of small steel wheel rollers, plate compactors, or pneumatic rollers to
avoid bridging across preleveled areas by the compaction equipment. Equipment used
for the compaction of preleveling HMA shall be approved by the Engineer.
Before construction of HMA on an existing paved surface, the entire surface of the
pavement shall be clean. All fatty asphalt patches, grease drippings, and other
objectionable matter shall be entirely removed from the existing pavement. All
pavements or bituminous surfaces shall be thoroughly cleaned of dust, soil, pavement
grindings, and other foreign matter. All holes and small depressions shall be filled with an
appropriate class of HMA. The surface of the patched area shall be leveled and
compacted thoroughly. Prior to the application of tack coat, or paving, the condition of
the surface shall be approved by the Engineer.
A tack coat of asphalt shall be applied to all paved surfaces on which any course of HMA
is to be placed or abutted; except that tack coat may be omitted from clean, newly paved
surfaces at the discretion of the Engineer. Tack coat shall be uniformly applied to cover
the existing pavement with a thin film of residual asphalt free of streaks and bare spots at
a rate between 0.02 and 0.10 gallons per square yard of retained asphalt. The rate of
application shall be approved by the Engineer. A heavy application of tack coat shall be
applied to all joints. For Roadways open to traffic, the application of tack coat shall be
limited to surfaces that will be paved during the same working shift. The spreading
equipment shall be equipped with a thermometer to indicate the temperature of the tack
coat material.
Equipment shall not operate on tacked surfaces until the tack has broken and cured. If
the Contractor’s operation damages the tack coat it shall be repaired prior to placement
of the HMA.
The tack coat shall be CSS-1, or CSS-1h emulsified asphalt. The CSS-1 and CSS-1h
emulsified asphalt may be diluted once with water at a rate not to exceed one-part water
to one-part emulsified asphalt. The tack coat shall have sufficient temperature such that
it may be applied uniformly at the specified rate of application and shall not exceed the
maximum temperature recommended by the emulsified asphalt manufacturer.

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5-04.3(4)A Crack Sealing
When the Proposal includes a pay item for crack sealing, seal cracks in accordance with
Section 5-03.
5-04.3(4)B Vacant
5-04.3(4)C Pavement Repair
The Contractor shall excavate pavement repair areas and shall backfill these with HMA
in accordance with the details shown in the Plans and as marked in the field. The
Contractor shall conduct the excavation operations in a manner that will protect the
pavement that is to remain. Pavement not designated to be removed that is damaged as
a result of the Contractor’s operations shall be repaired by the Contractor to the
satisfaction of the Engineer at no cost to the Contracting Agency. The Contractor shall
excavate only within one lane at a time unless approved otherwise by the Engineer. The
Contractor shall not excavate more area than can be completely finished during the
same shift, unless approved by the Engineer.
Unless otherwise shown in the Plans or determined by the Engineer, excavate to a depth
of 1.0 feet. The Engineer will make the final determination of the excavation depth
required. The minimum width of any pavement repair area shall be 40 inches unless
shown otherwise in the Plans. Before any excavation, the existing pavement shall be
sawcut or shall be removed by a pavement grinder. Excavated materials will become the
property of the Contractor and shall be disposed of in a Contractor-provided site off the
Right of Way or used in accordance with Sections 2-02.3(3) or 9-03.21.
Asphalt for tack coat shall be required as specified in Section 5-04.3(4). A heavy
application of tack coat shall be applied to all surfaces of existing pavement in the
pavement repair area.
Placement of the HMA backfill shall be accomplished in lifts not to exceed 0.35-foot
compacted depth. Lifts that exceed 0.35-foot of compacted depth may be accomplished
with the approval of the Engineer. Each lift shall be thoroughly compacted by a
mechanical tamper or a roller.
5-04.3(5) Producing/Stockpiling Aggregates and RAP
Aggregates and RAP shall be stockpiled according to the requirements of Section 3-02.
Sufficient storage space shall be provided for each size of aggregate and RAP. Materials
shall be removed from stockpile(s) in a manner to ensure minimal segregation when
being moved to the HMA plant for processing into the final mixture. Different aggregate
sizes shall be kept separated until they have been delivered to the HMA plant.
5-04.3(5)A Vacant
5-04.3(6) Mixing
After the required amount of mineral materials, asphalt binder, recycling agent and antistripping additives have been introduced into the mixer the HMA shall be mixed until

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complete and uniform coating of the particles and thorough distribution of the asphalt
binder throughout the mineral materials is ensured.
When discharged, the temperature of the HMA shall not exceed the optimum mixing
temperature by more than 25°F as shown on the reference mix design report or as
approved by the Engineer. Also, when a WMA additive is included in the manufacture of
HMA, the discharge temperature of the HMA shall not exceed the maximum
recommended by the manufacturer of the WMA additive. A maximum water content of 2
percent in the mix, at discharge, will be allowed providing the water causes no problems
with handling, stripping, or flushing. If the water in the HMA causes any of these
problems, the moisture content shall be reduced as directed by the Engineer.
Storing or holding of the HMA in approved storage facilities will be permitted with
approval of the Engineer, but in no event shall the HMA be held for more than 24 hours.
HMA held for more than 24 hours after mixing shall be rejected. Rejected HMA shall be
disposed of by the Contractor at no expense to the Contracting Agency. The storage
facility shall have an accessible device located at the top of the cone or about the third
point. The device shall indicate the amount of material in storage. No HMA shall be
accepted from the storage facility when the HMA in storage is below the top of the cone
of the storage facility, except as the storage facility is being emptied at the end of the
working shift.
Recycled asphalt pavement (RAP) utilized in the production of HMA shall be sized prior
to entering the mixer so that a uniform and thoroughly mixed HMA is produced. If there is
evidence of the recycled asphalt pavement not breaking down during the heating and
mixing of the HMA, the Contractor shall immediately suspend the use of the RAP until
changes have been approved by the Engineer. After the required amount of mineral
materials, RAP, new asphalt binder and asphalt rejuvenator have been introduced into
the mixer the HMA shall be mixed until complete and uniform coating of the particles and
thorough distribution of the asphalt binder throughout the mineral materials, and RAP is
ensured.
5-04.3(7) Spreading and Finishing
The mixture shall be laid upon an approved surface, spread, and struck off to the grade
and elevation established. HMA pavers complying with Section 5-04.3(3) shall be used
to distribute the mixture. Unless otherwise directed by the Engineer, the nominal
compacted depth of any layer of any course shall not exceed the following:
HMA Class 1”
HMA Class ¾” and HMA Class ½”
wearing course
other courses
HMA Class ⅜”

0.35 feet
0.30 feet
0.35 feet
0.15 feet

On areas where irregularities or unavoidable obstacles make the use of mechanical
spreading and finishing equipment impractical, the paving may be done with other
equipment or by hand.

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When more than one JMF is being utilized to produce HMA, the material produced for
each JMF shall be placed by separate spreading and compacting equipment. The
intermingling of HMA produced from more than one JMF is prohibited. Each strip of HMA
placed during a work shift shall conform to a single JMF established for the class of HMA
specified unless there is a need to make an adjustment in the JMF.
5-04.3(8) Aggregate Acceptance Prior to Incorporation in HMA
For HMA accepted by nonstatistical evaluation, the aggregate properties of sand
equivalent, uncompacted void content, and fracture will be evaluated in accordance with
Section 3-04. Sampling and testing of aggregates for HMA accepted by commercial
evaluation will be at the option of the Engineer.
5-04.3(9) HMA Mixture Acceptance
Acceptance of HMA shall be as provided under nonstatistical, or commercial evaluation.
Nonstatistical evaluation will be used for the acceptance of HMA unless Commercial
Evaluation is specified.
Commercial evaluation will be used for Commercial HMA and for other classes of HMA
in the following applications: sidewalks, road approaches, ditches, slopes, paths, trails,
gores, prelevel, temporary pavement, and pavement repair. Other nonstructural
applications of HMA accepted by commercial evaluation shall be as approved by the
Engineer. Sampling and testing of HMA accepted by commercial evaluation will be at the
option of the Engineer.
The mix design will be the initial JMF for the class of HMA. The Contractor may request a
change in the JMF. Any adjustments to the JMF will require the approval of the Engineer
and may be made in accordance with this section.
HMA Tolerances and Adjustments
1. Job Mix Formula Tolerances – The constituents of the mixture at the time of
acceptance shall be within tolerance. The tolerance limits will be established as
follows:
For Asphalt Binder and Air Voids (Va), the acceptance limits are determined
by adding the tolerances below to the approved JMF values. These values
will also be the Upper Specification Limit (USL) and Lower Specification Limit
(LSL) required in Section 1-06.2(2)D2
Property
Asphalt Binder
Air Voids, Va

40
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Non-Statistical Evaluation
+/- 0.5%
2.5% min. and 5.5% max

Commercial Evaluation
+/- 0.7%
N/A

For Aggregates in the mixture:
a. First, determine preliminary upper and lower acceptance limits by applying
the following tolerances to the approved JMF.

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Aggregate Percent
Passing
1”, ¾”, ½”, and 3/8” sieves
No. 4 sieve
No. 8 Sieve
No. 200 sieve

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Non-Statistical
Evaluation
+/- 6%
+/-6%
+/- 6%
+/- 2.0%

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Evaluation
+/- 8%
+/- 8%
+/-8%
+/- 3.0%

b. Second, adjust the preliminary upper and lower acceptance limits
determined from step (a) the minimum amount necessary so that none of
the aggregate properties are outside the control points in Section 903.8(6). The resulting values will be the upper and lower acceptance limits
for aggregates, as well as the USL and LSL required in Section 106.2(2)D2.
2. Job Mix Formula Adjustments – An adjustment to the aggregate gradation or
asphalt binder content of the JMF requires approval of the Engineer. Adjustments
to the JMF will only be considered if the change produces material of equal or
better quality and may require the development of a new mix design if the
adjustment exceeds the amounts listed below.
a. Aggregates –2 percent for the aggregate passing the 1½″, 1″, ¾″, ½″, ⅜″, and
the No. 4 sieves, 1 percent for aggregate passing the No. 8 sieve, and 0.5
percent for the aggregate passing the No. 200 sieve. The adjusted JMF shall
be within the range of the control points in Section 9-03.8(6).
b. Asphalt Binder Content – The Engineer may order or approve changes to
asphalt binder content. The maximum adjustment from the approved mix
design for the asphalt binder content shall be 0.3 percent.
5-04.3(9)A Vacant
5-04.3(9)B Vacant
5-04.3(9)C Mixture Acceptance – Nonstatistical Evaluation
HMA mixture which is accepted by Nonstatistical Evaluation will be evaluated by the
Contracting Agency by dividing the HMA tonnage into lots.
5-04.3(9)C1 Mixture Nonstatistical Evaluation – Lots and Sublots
A lot is represented by randomly selected samples of the same mix design that will be
tested for acceptance. A lot is defined as the total quantity of material or work produced
for each Job Mix Formula placed. Only one lot per JMF is expected. A sublot shall be
equal to one day’s production or 800 tons, whichever is less except that the final sublot
will be a minimum of 400 tons and may be increased to 1200 tons.
All of the test results obtained from the acceptance samples from a given lot shall be
evaluated collectively. If the Contractor requests a change to the JMF that is approved,
the material produced after the change will be evaluated on the basis of the new JMF for
the remaining sublots in the current lot and for acceptance of subsequent lots. For a lot

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in progress with a CPF less than 0.75, a new lot will begin at the Contractor’s request
after the Engineer is satisfied that material conforming to the Specifications can be
produced.
Sampling and testing for evaluation shall be performed on the frequency of one sample
per sublot.
5-04.3(9)C2 Mixture Nonstatistical Evaluation Sampling
Samples for acceptance testing shall be obtained by the Contractor when ordered by the
Engineer. The Contractor shall sample the HMA mixture in the presence of the Engineer
and in accordance with AASH-TO T 168. A minimum of three samples should be taken
for each class of HMA placed on a project. If used in a structural application, at least one
of the three samples shall be tested.
Sampling and testing HMA in a structural application where quantities are less than 400
tons is at the discretion of the Engineer.
For HMA used in a structural application and with a total project quantity less than 800
tons but more than 400 tons, a minimum of one acceptance test shall be performed. In
all cases, a minimum of 3 samples will be obtained at the point of acceptance, a
minimum of one of the three samples will be tested for conformance to the JMF:
• If the test results are found to be within specification requirements, additional
testing will be at the Engineer’s discretion.
• If test results are found not to be within specification requirements, additional
testing of the remaining samples to determine a CPF shall be performed.
5-04.3(9)C3 Mixture Nonstatistical Evaluation – Acceptance Testing
Testing of HMA for compliance of Va will at the option of the Contracting Agency. If
tested, compliance of Va will use WSDOT SOP 731.
Testing for compliance of asphalt binder content will be by WSDOT FOP for AASHTO T
308.
Testing for compliance of gradation will be by FOP for WAQTC T 27/T 11.
5-04.3(9)C4 Mixture Nonstatistical Evaluation – Pay Factors
For each lot of material falling outside the tolerance limits in 5-04.3(9), the Contracting
Agency will determine a CPF using the following price adjustment factors:
Table of Price Adjustment Factors
Constituent

Factor
“f”

All aggregate passing: 1½″, 1″, ¾″, ½″, ⅜″ and

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2

No.4 sieves

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All aggregate passing No. 8 sieve

15

All aggregate passing No. 200 sieve

20

Asphalt binder

40

Air Voids (Va) (where applicable)

20

Each lot of HMA produced under Nonstatistical Evaluation and having all constituents
falling within the tolerance limits of the job mix formula shall be accepted at the unit
Contract price with no further evaluation. When one or more constituents fall outside the
nonstatistical tolerance limits in the Job Mix Formula shown in Table of Price Adjustment
Factors, the lot shall be evaluated in accordance with Section 1-06.2 to determine the
appropriate CPF. The nonstatistical tolerance limits will be used in the calculation of the
CPF and the maximum CPF shall be 1.00. When less than three sublots exist, backup
samples of the existing sublots or samples from the Roadway shall be tested to provide
a minimum of three sets of results for evaluation.
5-04.3(9)C5 Vacant
5-04.3(9)C6 Mixture Nonstatistical Evaluation – Price Adjustments
For each lot of HMA mix produced under Nonstatistical Evaluation when the calculated
CPF is less than 1.00, a Nonconforming Mix Factor (NCMF) will be determined. The
NCMF equals the algebraic difference of CPF minus 1.00 multiplied by 60 percent. The
total job mix compliance price adjustment will be calculated as the product of the NCMF,
the quantity of HMA in the lot in tons, and the unit Contract price per ton of mix.
If a constituent is not measured in accordance with these Specifications, its individual
pay factor will be considered 1.00 in calculating the CPF.
5-04.3(9)C7 Mixture Nonstatistical Evaluation - Retests
The Contractor may request a sublot be retested. To request a retest, the Contractor
shall submit a written request within 7 calendar days after the specific test results have
been received. A split of the original acceptance sample will be retested. The split of the
sample will not be tested with the same tester that ran the original acceptance test. The
sample will be tested for a complete gradation analysis, asphalt binder content, and, at
the option of the agency, Va. The results of the retest will be used for the acceptance of
the HMA in place of the original sublot sample test results. The cost of testing will be
deducted from any monies due or that may come due the Contractor under the Contract
at the rate of $500 per sample.
5-04.3 (9)D Mixture Acceptance – Commercial Evaluation
If sampled and tested, HMA produced under Commercial Evaluation and having all
constituents falling within the tolerance limits of the job mix formula shall be accepted at
the unit Contract price with no further evaluation. When one or more constituents fall
outside the commercial tolerance limits in the Job Mix Formula shown in 5-04.3(9), the
lot shall be evaluated in accordance with Section 1-06.2 to determine the appropriate
CPF. The commercial tolerance limits will be used in the calculation of the CPF and the
maximum CPF shall be 1.00. When less than three sublots exist, backup samples of the

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existing sublots or samples from the street shall be tested to provide a minimum of three
sets of results for evaluation.
For each lot of HMA mix produced and tested under Commercial Evaluation when the
calculated CPF is less than 1.00, a Nonconforming Mix Factor (NCMF) will be
determined. The NCMF equals the algebraic difference of CPF minus 1.00 multiplied by
60 percent. The Job Mix Compliance Price Adjustment will be calculated as the product
of the NCMF, the quantity of HMA in the lot in tons, and the unit Contract price per ton of
mix.
If a constituent is not measured in accordance with these Specifications, its individual
pay factor will be considered 1.00 in calculating the CPF.
5-04.3(10) HMA Compaction Acceptance
HMA mixture accepted by nonstatistical evaluation that is used in traffic lanes, including
lanes for intersections, ramps, truck climbing, weaving, and speed change, and having a
specified compacted course thickness greater than 0.10-foot, shall be compacted to a
specified level of relative density. The specified level of relative density shall be a CPF of
not less than 0.75 when evaluated in accordance with Section 1-06.2, using a LSL of
92.0 (minimum of 92 percent of the maximum density). The maximum density shall be
determined by WSDOT FOP for AASHTO T 729. The specified level of density attained
will be determined by the evaluation of the density of the pavement. The density of the
pavement shall be determined in accordance with WSDOT FOP for WAQTC TM 8,
except that gauge correlation will be at the discretion of the Engineer, when using the
nuclear density gauge and WSDOT SOP 736 when using cores to determine density.
Tests for the determination of the pavement density will be taken in accordance with the
required procedures for measurement by a nuclear density gauge or Roadway cores
after completion of the finish rolling.
If the Contracting Agency uses a nuclear density gauge to determine density the test
procedures FOP for WAQTC TM 8 and WSDOT SOP T 729 will be used on the day the
mix is placed and prior to opening to traffic.
Roadway cores for density may be obtained by either the Contracting Agency or the
Contractor in accordance with WSDOT SOP 734. The core diameter shall be 4-inches
minimum, unless otherwise approved by the Engineer. Roadway cores will be tested by
the Contracting Agency in accordance with WSDOT FOP for AASHTO T 166.
If the Contract includes the Bid item “Roadway Core”, the cores shall be obtained by the
Contractor in the presence of the Engineer on the same day the mix is placed and at
locations designated by the Engineer. If the Contract does not include the Bid item
“Roadway Core”, the Contracting Agency will obtain the cores.
For a lot in progress with a CPF less than 0.75, a new lot will begin at the Contractor’s
request after the Engineer is satisfied that material conforming to the Specifications can
be produced.

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HMA mixture accepted by commercial evaluation and HMA constructed under conditions
other than those listed above shall be compacted on the basis of a test point evaluation
of the compaction train. The test point evaluation shall be performed in accordance with
instructions from the Engineer. The number of passes with an approved compaction
train, required to attain the maximum test point density, shall be used on all subsequent
paving.
HMA for preleveling shall be thoroughly compacted. HMA that is used for preleveling
wheel rutting shall be compacted with a pneumatic tire roller unless otherwise approved
by the Engineer.
Test Results
For a sublot that has been tested with a nuclear density gauge that did not meet the
minimum of 92 percent of the reference maximum density in a compaction lot with a CPF
below 1.00 and thus subject to a price reduction or rejection, the Contractor may request
that a core be used for determination of the relative density of the sublot. The relative
density of the core will replace the relative density determined by the nuclear density
gauge for the sublot and will be used for calculation of the CPF and acceptance of HMA
compaction lot.
When cores are taken by the Contracting Agency at the request of the Contractor, they
shall be requested by noon of the next workday after the test results for the sublot have
been provided or made available to the Contractor. Core locations shall be outside of
wheel paths and as determined by the Engineer. Traffic control shall be provided by the
Contractor as requested by the Engineer. Failure by the Contractor to provide the
requested traffic control will result in forfeiture of the request for cores. When the CPF for
the lot based on the results of the HMA cores is less than 1.00, the cost for the coring will
be deducted from any monies due or that may become due the Contractor under the
Contract at the rate of $200 per core and the Contractor shall pay for the cost of the
traffic control.
5-04.3(10)A HMA Compaction – General Compaction Requirements
Compaction shall take place when the mixture is in the proper condition so that no undue
displacement, cracking, or shoving occurs. Areas inaccessible to large compaction
equipment shall be compacted by other mechanical means. Any HMA that becomes
loose, broken, contaminated, shows an excess or deficiency of asphalt, or is in any way
defective, shall be removed and replaced with new hot mix that shall be immediately
compacted to conform to the surrounding area.
The type of rollers to be used and their relative position in the compaction sequence
shall generally be the Contractor’s option, provided the specified densities are attained.
Unless the Engineer has approved otherwise, rollers shall only be operated in the static
mode when the internal temperature of the mix is less than 175°F. Regardless of mix
temperature, a roller shall not be operated in a mode that results in checking or cracking
of the mat. Rollers shall only be operated in static mode on bridge decks.
5-04.3(10)B HMA Compaction - Cyclic Density
Low cyclic density areas are defined as spots or streaks in the pavement that are less
than 90 percent of the theoretical maximum density. At the Engineer’s discretion, the

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Engineer may evaluate the HMA pavement for low cyclic density, and when doing so will
follow WSDOT SOP 733. A $500 Cyclic Density Price Adjustment will be assessed for
any 500-foot section with two or more density readings below 90 percent of the
theoretical maximum density.
5-04.3(10)C Vacant
5-04.3(10)D HMA Nonstatistical Compaction
5-04.3(10)D1 HMA Nonstatistical Compaction - Lots and Sublots
HMA compaction which is accepted by nonstatistical evaluation will be based on
acceptance testing performed by the Contracting Agency dividing the project into
compaction lots.
A lot is represented by randomly selected samples of the same mix design that will be
tested for acceptance. A lot is defined as the total quantity of material or work produced
for each Job Mix Formula placed. Only one lot per JMF is expected. A sublot shall be
equal to one day’s production or 400 tons, whichever is less except that the final sublot
will be a minimum of 200 tons and may be increased to 800 tons. Testing for compaction
will be at the rate of 5 tests per sublot per WSDOT T 738.
The sublot locations within each density lot will be determined by the Engineer. For a lot
in progress with a CPF less than 0.75, a new lot will begin at the Contractor’s request
after the Engineer is satisfied that material conforming to the Specifications can be
produced.
HMA mixture accepted by commercial evaluation and HMA constructed under conditions
other than those listed above shall be compacted on the basis of a test point evaluation
of the compaction train. The test point evaluation shall be performed in accordance with
instructions from the Engineer. The number of passes with an approved compaction
train, required to attain the maximum test point density, shall be used on all subsequent
paving.
HMA for preleveling shall be thoroughly compacted. HMA that is used to prelevel wheel
ruts shall be compacted with a pneumatic tire roller unless otherwise approved by the
Engineer.
5-04.3(10)D2 HMA Compaction Nonstatistical Evaluation – Acceptance Testing
The location of the HMA compaction acceptance tests will be randomly selected by the
Engineer from within each sublot, with one test per sublot.
5-04.3(10)D3 HMA Nonstatistical Compaction – Price Adjustments
For each compaction lot with one or two sublots, having all sublots attain a relative
density that is 92 percent of the reference maximum density the HMA shall be accepted
at the unit Contract price with no further evaluation. When a sublot does not attain a
relative density that is 92 percent of the reference maximum density, the lot shall be
evaluated in accordance with Section 1-06.2 to determine the appropriate CPF. The

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maximum CPF shall be 1.00, however, lots with a calculated CPF in excess of 1.00 will
be used to offset lots with CPF values below 1.00 but greater than 0.90. Lots with CPF
lower than 0.90 will be evaluated for compliance per 5-04.3(11). Additional testing by
either a nuclear moisture-density gauge or cores will be completed as required to provide
a minimum of three tests for evaluation.
For compaction below the required 92%, a Non-Conforming Compaction Factor (NCCF)
will be determined. The NCCF equals the algebraic difference of CPF minus 1.00
multiplied by 40 percent. The Compaction Price Adjustment will be calculated as the
product of CPF, the quantity of HMA in the compaction control lot in tons, and the unit
Contract price per ton of mix.
5-04.3(11) Reject Work
5-04.3(11)A Reject Work General
Work that is defective or does not conform to Contract requirements shall be rejected.
The Contractor may propose, in writing, alternatives to removal and replacement of
rejected material. Acceptability of such alternative proposals will be determined at the
sole discretion of the Engineer. HMA that has been rejected is subject to the
requirements in Section 1-06.2(2) and this specification, and the Contractor shall submit
a corrective action proposal to the Engineer for approval.
5-04.3(11)B Rejection by Contractor
The Contractor may, prior to sampling, elect to remove any defective material and
replace it with new material. Any such new material will be sampled, tested, and
evaluated for acceptance.
5-04.3(11)C Rejection Without Testing (Mixture or Compaction)
The Engineer may, without sampling, reject any batch, load, or section of Roadway that
appears defective. Material rejected before placement shall not be incorporated into the
pavement. Any rejected section of Roadway shall be removed.
No payment will be made for the rejected materials or the removal of the materials
unless the Contractor requests that the rejected material be tested. If the Contractor
elects to have the rejected material tested, a minimum of three representative samples
will be obtained and tested. Acceptance of rejected material will be based on
conformance with the nonstatistical acceptance Specification. If the CPF for the rejected
material is less than 0.75, no payment will be made for the rejected material; in addition,
the cost of sampling and testing shall be borne by the Contractor. If the CPF is greater
than or equal to 0.75, the cost of sampling and testing will be borne by the Contracting
Agency. If the material is rejected before placement and the CPF is greater than or equal
to 0.75, compensation for the rejected material will be at a CPF of 0.75. If rejection
occurs after placement and the CPF is greater than or equal to 0.75, compensation for
the rejected material will be at the calculated CPF with an addition of 25 percent of the
unit Contract price added for the cost of removal and disposal.
5-04.3(11)D Rejection - A Partial Sublot

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In addition to the random acceptance sampling and testing, the Engineer may also
isolate from a normal sublot any material that is suspected of being defective in relative
density, gradation or asphalt binder content. Such isolated material will not include an
original sample location. A minimum of three random samples of the suspect material will
be obtained and tested. The material will then be statistically evaluated as an
independent lot in accordance with Section 1-06.2(2).
5-04.3(11)E Rejection - An Entire Sublot
An entire sublot that is suspected of being defective may be rejected. When a sublot is
rejected a minimum of two additional random samples from this sublot will be obtained.
These additional samples and the original sublot will be evaluated as an independent lot
in accordance with Section 1-06.2(2).
5-04.3(11)F Rejection - A Lot in Progress
The Contractor shall shut down operations and shall not resume HMA placement until
such time as the Engineer is satisfied that material conforming to the Specifications can
be produced:
1.
2.
3.

When the CPF of a lot in progress drops below 1.00 and the Contractor is taking
no corrective action, or
When the Pay Factor (PF) for any constituent of a lot in progress drops below
0.95 and the Contractor is taking no corrective action, or
When either the PF for any constituent or the CPF of a lot in progress is less than
0.75.

5-04.3(11)G Rejection - An Entire Lot (Mixture or Compaction)
An entire lot with a CPF of less than 0.75 will be rejected.
5-04.3(12) Joints
5-04.3(12)A HMA Joints
5-04.3(12)A1 Transverse Joints
The Contractor shall conduct operations such that the placing of the top or wearing
course is a continuous operation or as close to continuous as possible. Unscheduled
transverse joints will be allowed, and the roller may pass over the unprotected end of the
freshly laid mixture only when the placement of the course must be discontinued for such
a length of time that the mixture will cool below compaction temperature. When the Work
is resumed, the previously compacted mixture shall be cut back to produce a slightly
beveled edge for the full thickness of the course.
A temporary wedge of HMA constructed on a 20H:1V shall be constructed where a
transverse joint as a result of paving or planing is open to traffic. The HMA in the
temporary wedge shall be separated from the permanent HMA by strips of heavy
wrapping paper or other methods approved by the Engineer. The wrapping paper shall
be removed and the joint trimmed to a slightly beveled edge for the full thickness of the
course prior to resumption of paving.

133.005 ANDERSON ROAD RESTORATION January 15, 2026

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The material that is cut away shall be wasted and new mix shall be laid against the cut.
Rollers or tamping irons shall be used to seal the joint.
5-04.3(12)A2 Longitudinal Joints
The longitudinal joint in any one course shall be offset from the course immediately
below by not more than 6 inches nor less than 2 inches. All longitudinal joints
constructed in the wearing course shall be located at a lane line or an edge line of the
Traveled Way. A notched wedge joint shall be constructed along all longitudinal joints in
the wearing surface of new HMA unless otherwise approved by the Engineer. The
notched wedge joint shall have a vertical edge of not less than the maximum aggregate
size or more than ½ of the compacted lift thickness and then taper down on a slope not
steeper than 4H:1V. The sloped portion of the HMA notched wedge joint shall be
uniformly compacted.
5-04.3(12)B Bridge Paving Joint Seals
Bridge Paving Joint Seals shall be in accordance with Section 5-03.
5-04.3(13) Surface Smoothness
The completed surface of all courses shall be of uniform texture, smooth, uniform as to
crown and grade, and free from defects of all kinds. The completed surface of the
wearing course shall not vary more than ⅛ inch from the lower edge of a 10-foot
straightedge placed on the surface parallel to the centerline. The transverse slope of the
completed surface of the wearing course shall vary not more than ¼ inch in 10 feet from
the rate of transverse slope shown in the Plans.
When deviations in excess of the above tolerances are found that result from a high
place in the HMA, the pavement surface shall be corrected by one of the
following methods:
1. Removal of material from high places by grinding with an approved grinding
machine, or
2. Removal and replacement of the wearing course of HMA, or
3. By other method approved by the Engineer.
Correction of defects shall be carried out until there are no deviations anywhere greater
than the allowable tolerances.
Deviations in excess of the above tolerances that result from a low place in the HMA and
deviations resulting from a high place where corrective action, in the opinion of the
Engineer, will not produce satisfactory results will be accepted with a price adjustment.
The Engineer shall deduct from monies due or that may become due to the Contractor
the sum of $500.00 for each and every section of single traffic lane 100 feet in length in
which any excessive deviations described above are found.

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When utility appurtenances such as manhole covers and valve boxes are located in the
traveled way, the utility appurtenances shall be adjusted to the finished grade prior to
paving. This requirement may be waived when requested by the Contractor, at the
discretion of the Engineer or when the adjustment details provided in the project plan or
specifications call for utility appurtenance adjustments after the completion of paving.
Utility appurtenance adjustment discussions will be included in the Pre-Paving and PrePlaning Briefing (5-04.3(14)B3). Submit a written request to waive this requirement to the
Engineer prior to the start of paving.
5-04.3(14) Planing Bituminous Pavement
The planing plan must be approved by the Engineer and a pre-planing meeting must be
held prior to the start of any planing. See Section 5-04.3

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aconfederated_chehalis%3A7fa284321339a970. Public record. Not legal advice.
