Division 100 — Division 100
Division 100 — General Provisions
It is understood and agreed that all of the provisions and requirements of DIVISION 100 shall be applicable to all Contracts. It is further understood and agreed that the requirements of Figure 1 at the end of Section 101 shall be applicable to all Contracts on wh ich the typical section(s) of the plans show construction of any element of the pavement structure or shoulder(s). SECTION 101 - DEFINITIONS AND TERMS Whenever terms not defined herein are used to identify Elements of Geometric Design of the work, such terms shall be understood to have the meaning as established by the most current version of the American Associa tion of State Highway and Transportation Officials in the book entitled "AASHTO Highway Definitions". Where the following abbreviations and defin itions are used in these specifications or other Contract Documents, they are to be construed the same as the respective expression.
101.01 Abbreviations.
AAN American Association of Nurserymen AAR Association of American Railroads AASHTO American Association of St ate Highway Transportation Officials ACI American Concrete Institute AGC Associated General Contractors of America AIA American Institute of Architects AIEE American Institute of Electrical Engineers AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute AOAC Association of Offici al Analytical Chemists API American Petroleum Institute APWA American Public Works Association ARA American Railway Association ARBA American Road Builders Association AREA American Railway Engineering Association ARTBA American Road and Transportation Builders Association ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWG American Wire Gage AWPA American Wood Pr eservers Association AWS American Welding Society AWWA American Water Works Association Code(NEC) National Electrical Code CFR Code of Federal Regulations CRSI Concrete Reinforcing Steel Institute CS Commercial Standards, U. S. Department of Commerce CSPI Corrugated Steel Pipe Institute EIA Electronic Industries Association EPA Environmental Protection Agency ESFE Estimated State Furnished Excavation FCP Fixed Contract Unit Price FHWA Federal Highway Administration FM Final Measure FME Final Measure - Embankment FSS Federal Specifications and Standards (General Services Administration) HRB Highway Research Board ICEA Insulated Cable Engineers Association ID Inside Diameter IES Illuminating Engineering Society IMSA International Municipal Signal Association IPS Interior Pipe Size IS Interim Specifications ITE Institute of Tran sportation Engineers LVM Loose Vehicular Measure MAPA Mississippi Asphalt Pavement Association MASH Manual for Assessing Safety Hardware MDAC Mississippi Department of Agriculture and Commerce MDOT Mississippi Department of Transportation MDEQ Mississippi Department of Environmental Quality MIL Military Specifications MSG Manufacturers Standard Gauge MUTCD Manual on Uniform Traffic Control Devices NACE National Association of Corrosion Engineers NAPA National Asphalt Pavement Association NBC National Building Code NBS U.S. National Bureau of Standards NCHRP National Cooperative Highway Research Program NEC(Code) National Electric Code NEMA National Electrical Manufacturers Association NPC National Plumbing Code NPDES National Pollution Discharge Elimination System NSF National Sanitation Foundation NTB Notice To Bidders OD Outside Diameter OSHA Occupational Safety and Health Administration PCI Prestressed Concrete Institute RCRA Resource Conservation and Recovery Act RAP Recycled Asphalt Pavement SAE Society of Automotive Engineers SAVE Society of Ameri can Value Engineering SOP The Department’s Standard Operating Procedures SP Special Provisions SS Supplemental Specifications SSPC Steel Structures Painting Council SWPPP Storm Water Pollution Prevention Plan TRB Transportation Research Board UL Underwriters Laboratories, Inc. UNC Upset National Coarse Threaded Bolts UST Underground Storage Tank
101.02 Definitions.
A + B bidding - A two-part contract bidding method consisting of the Contract amount (A) and the total number of calendar days proposed by the Bidder to complete the work (B). A + C bidding - A two-part contract bidding method consisting of the Contract amount (A) and the total number of working days proposed by the Bidder to complete the work (C). additive - A substance or agent added in small amounts to a basic ingredient of a mixture prior to mixing. admixture - A substance or agent added in small amounts to the basic ingredients of a mixture during the mixing process. advertisement - The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished. alternate designs - Alternate designs of construction or construction and materials designated in the bid schedule of the proposal as alternate designs which must be pre-selected by the Contractor and indicated on the bid. Alternate designs may contain alternate or optional items. alternate Items - Alternate pay items of work, or materials and work designated in the bid schedule of the proposal as Alternate Items, with separate pay item numbers, and that must be pre-selected by the Contractor and indicated on the Contractor’s bid. award - The acceptance by the Mississippi Tr ansportation Commission of a proposal. base course - The layer or layers of specified or selected material of designed thickness placed on a subgrade to support a pavement. basement soils - That portion of the roadway in embankment areas below the design soil and to the bottom of the embankment or undercut, whichever is lower, and that portion of the earthwork in cut areas below the design soil and to the bottom of any undercut or other treatment required, whichever is lower. Beginning of Contract Time - The date shown on the written Notice to Proceed that allows the Contractor to begin work on the pr oject. It is also the date the Contractor begins maintenance of traffic on the project. Bidder - An individual, partnership, firm or corporation formally submitting a proposal for the advertised work or materials. borrow - Suitable material from approved sources outside the roadway right-of-way, used primarily for embankments. box bridge - A box culvert having a clear dist ance between inside face of the end supports exceeding 20 feet measured along the centerline of the roadway. bridge - A structure, including suppo rts, erected over a depression or an obstruction, as water, highway, or railway, and having a track or passageway for carrying traffic or other moving loads and having a length measured along the center of the roadway of more than 20 feet between undercopings of abutments or extreme ends of openings for multiple boxes. bridge length - The length of a bridge structure is the overall length measured along the line of survey stationing back to back of backwalls of abutments, if present, otherwise end to end of the bridge floor; but in no case less than the total clear opening of the structure. bridge roadway width - The clear width measured at ri ght angles to the longitudinal centerline of the bridge between the bottom of curbs or guard timbers or in the case of multiple height of curbs, between the bottoms of the lower risers. bridge site - Unless otherwise specified in the Contract, the bridge site shall be the entire area between the right-of-way lines and betw een lines paralleling the bridge ends and passing through the longitudinal extremities of the substructure or superstructure, whichever is greater. calendar day - Any day shown on the calendar, beginning and ending at midnight. Commission - The Mississippi Tran sportation Commission. conformity - The degree of perfection required for the materials furnished and the work performed, and determined:
a.In the case of a required "minimum " or "maximum" value of a measurable characteristic, as set out in Subsection 700.04.
b.In the case of a required non-measurable characteristic, as being satisfactory to the Engineer. Contract - The written agreement between the Mississippi Transportation Commission and the Contractor setting forth the obligations of the parties thereunder, including but not limited to, the performance of the work, the furnishing of labor and materials, and the basis of payment. The Contract includes the invitation for bids, proposal, Contract form and Contract bonds, Standard Specifications, supplement al specifications, interim specifications, general and detailed plans, special provisions, notices to bidders, notice to proceed, and also any agreements that are required to complete the construction of the work in an acceptable manner, including authorized extens ions thereof, all of which constitute one instrument. contract bond - The approved form of security, executed by the Contractor and the Contractor’s Surety(ies), gu aranteeing complete performa nce of the Contract and all Supplemental Agreements pertaining thereto and the payment of all legal debts pertaining to the construction of the project. This term includes Performance and Payment Bond(s). contract documents - All original documents or papers, including electronically submitted documents, that make up the Contract including those specifically incorporated or referenced into the Contract. contract item (pay item) - A specifically described unit of work for which a price is provided in the Contract. contract time - The period of time, including author ized extensions, specified in the Contract for completion of work under the Contract. contract unit price - The price provided for in the C ontract for a specifically described unit of work. Contractor - The individual, partnership, firm or corporation contracting with the Commission for performance of prescribed work. controlling item - The work or construction operations normally expected to be in progress as determined by the Engineer af ter careful consideration of the approved progress schedule for asse ssment of contract time. county - The county in which the work is to be done. cross slope - The rate of transverse slope in a ro adbed element or pa vement structure. culvert - Any structure not classified as a bri dge that provides an opening under the roadway. Department's Standard Op erating Procedures (SOP) - The Department's Standard Operating Procedures are the rules, regulations, instructions and policies, promulgated by the Commission acting through the Executive Director or authorized representative and on file in the Central Records Section of the Central Services Division. Department - The Mississippi Department of Transportation. dependent pay items - Those pay items such as maintenance of traffic, mobilization, and construction stakes for which the amount of payment allowed on progress estimates may be based on the amount earned on other pay items. design grade - Design grade is an intermediate cont rol grade at a vertical distance, as established on the typical section of the plans for the various intermediate courses, below profile grade. design soil - That portion of the roadbed consisting of the top three feet of untreated or treated soils in excavated sections and embankments. direct pay items - Those pay items for which payment is based on the quantity of the item completed. elements of geometric design - Those geometric elements of the highway as are defined in the "AASHTO Policy on Geometric Design" in effect at the time bids are received. Engineer - The Chief Engineer of the Department, acting directly or through a duly authorized representative(s), who is responsib le for engineering supervision of the work. equipment - All machinery and equipment, toge ther with the necessary supplies for upkeep and maintenance, and all tools and apparatus necessary for the proper construction and acceptable completion of the work. Executive Director - The Executive Director of the Mississippi Department of Transpiration acting directly or th rough authorized representatives. extra work - An item of work not provided for in the Contract as awarded, or an item of work provided for in the Contract the nature or character of which is changed by the Engineer such as to justify a price adjustment, either of which is found by the Department to be essential to the satisfactory completion of the Contract within its intended scope. fixed contract unit price - When the bid schedule of the proposal form indicates a fixed contract unit price (FCP), this price shall beco me the contract price for that item and shall be used in determining the total amount of the proposal. hazardous waste - Wastes that are regulated or " listed" under RCRA (40 CFR 261), or are ignitable, corrosive, reactive, or toxic. highway, street, or road - A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. holidays, legal - In the State of Missi ssippi, holidays occur on: January 1 - New Year's Day Third Monday in January - Robert E. Lee and Dr. Martin Luther King, Jr.'s Birthday Third Monday in February - Washington's Birthday Last Monday in April - Confederate Memorial Day Last Monday in May - National Memorial Day and Jefferson Davis' Birthday July 4 - Independence Day First Monday in September - Labor Day November 11 - Armistice (Veterans') Day Thanksgiving Day - As Proclaimed December 25 - Christmas Day When a legal holiday falls on a Saturday or Sunday, the succee ding Monday will be observed as a legal holiday. in-grade - The top course or portion of the work that is in pl ace at the time a subsequent material or course is to be placed thereon. in-grade preparation - In-grade preparation is the preparation of material in place to receive other materials or processing required in super-im posed construction. inspector - The Engineer's authorized representative assigned to make detailed inspections of contract performance. Interim Specifications - Interim Specifications are Contract provisions other than Standard and Supplemental Specifications approved for general use in all applicable Contracts until changes in technology or other conditions indicate revisions should be made for subsequent Contracts. intermediate course - A combination of graded aggregate and bituminous material which constitutes the lower layer or layers of a flexible pavement, but not part of the base course. invitation for bids - The advertisement for proposals for all work or materials on which bids are required. The advertisement will indicate with reasonable accuracy the quantity and location of the work to be done or the character and quantity of the material to be furnished and the time and place of the opening of proposals. laboratory - The testing laboratory of the Department or any other testing laboratory which may be designated by the Engineer. legend - The words, letters and arrows, and other symbols or markings shown on the plans and designated as legend, required to be placed on the surface of a pavement in the form of paint and glass beads, thermoplastic and glass beads or other similar specified materials, to serve as pavement markings. local traffic - Traffic whose origin or destination is adjacent to that part of the highway under construction. major contract items - A major item of work shall be defined as an item whose total monetary value, determined by multiplying the proposal quantity by the contract unit price, is equal to or greater than ten percent of the original total contract amount. Unless otherwise specifically shown in the Contract, all other items shall be considered minor items. materials - Any substances specified for use in the construction of the project and its appurtenances. Manual on Uniform Traffic Control Devices (MUTCD) - A document issued by the Federal Highway Administration to specify the standards by which traffic signs, road surface markings, signals, etc. are designed, installed, and used. Any reference in the Standard Specifications or contract documents to a particular Section of the MUTCD, it shall mean that Section of the latest version of the Manual on Uniform Traffic Control Devices. minor contract items - All items of work not considered to be major items of work. Minor items shall become major items when increased to the extent that the total monetary value of such item at the original contract unit price is equal to or greater than ten percent of the original total contract amount. Notices to Contractors - Pre-bidding notices to prospective bidders, including the advertisement and other pertinent pre-bid information labeled as Notice to Contractors. notice to bidders - All notices, issued to the prospective bidders, pertaining to or establishing requirements governing the submission of proposals, quantities or qualities of materials or work, the performance of the work, or payment therefor. Notice to Proceed - Written notice to the Contractor to proceed with the contract work which is also the date of beginning of contract time. omitted section - A section within the designated project limits in which no work, excluding construction signing, approaches and/or temporary connections, is to be performed, and the Contractor does not have any responsibility for maintenance of the roadway or traffic unless specifically provided for in the Contract. optional items - Items listed in the bid schedule of th e proposal that are considered to be comparable for the purpose intended, and the Co ntractor is required to make a selection prior to or at the time of execution of the Contract. pavement - The portion of the roadbed constructed upon the base course and specifically constructed as the contact element for vehicular traffic. pavement structure - The combination of a pavement and a base course placed on a subgrade to support the traffic load and distribute it to the roadbed. payment bond - The approved form of security, ex ecuted by the Contractor and issued by the Contractor’s Surety(ies), guaranteeing the payment of all legal debts pertaining to the construction of the project including, but not limited to, the labor and materials of Subcontractors and Suppliers to the Prime Contractor. performance bond - The approved form of security, executed by the Contractor and issued by the Contractor’s Surety(ies), guaranteeing satisfactory completion of the Contract and all Supplemental Ag reements pertaining thereto. plans - The approved plans, profiles, typical cross-sections, working drawings and supplemental drawings, or exact reproduction thereof, that show the location, character, dimensions, and details of the work to be done. When the Contract does not have an official set of plans, reference to the plans shall mean the Contract Documents. profile grade - The trace on a vertical plane inters ecting the top surface of the proposed wearing surface as shown on the plans or established by the Engineer, usually along the longitudinal centerline of the roadbed. Profile grade means either elevation or gradient of such trace according to the context. progress schedule - A bar graph showing the work phases under the Contract and each bar represents a controlling phase of the work . The bars show the planned sequence of operations and the time at which each of the phases is to begin and end. The schedule will be developed by the Department or by the Contractor with Department approval. project - A specific section of highway or other prescribed limits of work as described by the Plans and Contract Documents including approaches and/or temporary connections together with all appurtenances and construction to be performed thereon under the Contract. proposal - The offer of a bidder, on the prescrib ed form, to perform the work at the prices quoted. proposal form - The approved form on which the Department requires bids to be prepared and submitted for the work. proposal guaranty - A certified check, cashier's check or bid bond furnished with the bid to guarantee that the bidder w ill enter into a Contract for th e work and furnish acceptable bond if the Contractor’s bid is accepted. quantity adjustment - A modification of contract quantities covering increases or decreases resulting from plan errors, omissions or changes necessary to carry out the intent of the plans. Resident or Project Engineer - The Engineer assigned by the Chief Engineer and bonded to the State to have immediate ch arge of the engineering details and the responsibility and authority for on-the-job administration necessary for the satisfactory completion of the work in accordance with th e Contract. The obligation to satisfactorily complete the Work remains with the Contractor, despite any duties performed or amended by the Resident or Project Engineer. retainage - A general term denoting funds withheld from partial payments. right-of-way - A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a highway and its appurtenances. roadbed - The graded portion of a highway within top and side slopes prepared as a foundation for a pavement structure and shoulders. roadside - A general term denoting the area adjoining the outer edge of a roadway. Extensive areas between the roadways of a divided highway are also considered to be roadside. roadside development - Those items necessary to the complete highway that provide for a preservation of landscape materials and features; the rehabilitation and protection against erosion of all areas disturbed by construction through seeding, sodding, mulching and the placing of other ground covers; and such suitable planting, other improvements and public facilities as may increase the effectiveness and usefulness and enhance the appearance of the highway. roadway - All surface portions of the highwa y between shoulder lines. Divided highways are considered to have two roadways. roadway structure - All vertical and horizontal elements of the work, exclusive of bridges, designed to provide and support the roadway. shoulders - The portion of the roadway contiguous with the traveled way for the lateral support of the other elements of the pavement structures, and for emergency use of stopped vehicles. sidewalk - That portion of the road, highway, or street primarily constructed for use by pedestrians. special provisions - Additions and revisions to the Standard and Supplemental Specifications covering conditions peculiar to an individual project, and included in the proposal assemblies. specifications - A general term applied to all directions, provisions and requirements pertaining to performance of the work. Specified Completion Date - The date on which the contract work is required to be completed, per the Contract. Standard Specifications - The most current version of the Mississippi Standard Specifications for Road and Bridge Constructio n. The Standard Specifications are a part of the contract documents. State - The State of Mississippi acting through its authorized representative. structures - Bridges, culverts, catch basins, dr op inlets, retaining walls, cribbing, manholes, end walls, buildings, sewers, service pipes, underdrains, foundation drains, and similar features that may be required in the work. Subcontractor - An individual, partnership, firm, or corporation with whom the Contractor, with the written consent of the Ex ecutive Director, contracts to complete a portion of the Work, or supply materials to the Project, on behalf of the Contractor. subgrade - The top surface of a design soil upon which the pavement structure and shoulders are constructed. substructure - Those parts of a bridge below the bearings of simple and continuous spans, below the bottom surfaces of concrete bo x girder spans in which the piers form an integral part of the span-pier unity, below skew-backs of arches, below tops of footings of rigid frames, and below wing walls of abutments. superintendent - The Contractor's authorized repres entative in responsible charge of the work. superstructure - All parts of a bridge above and exclusive of the substructure. supplemental agreement - A written agreement on a form provided by the Department, between the Contractor and the Commission with the assent of the Contractor's Surety when applicable, and the approval of all agencies involved, covering alterations or unforeseen items necessary for the completion of the work within the intent of the Contract. Supplemental Specifications - Additions to the Standard Specifications that are adopted subsequent to issuance of this book, and which are printed in volume form and issued under the title of "Supplemental Specifications," and considered as part of the Standard Specifications. Surety - A corporate body, qualified under the laws of Mississippi, that is bound with and for the successful bidder by "Contract Bond(s)" to guarantee acceptable performance of the Contract and payment of all legal taxes and debts pertaining to the construction of the project, including payment of State Sa les Tax as prescribed by law, and any overpayment made to the Contractor. temporary structures - Structures required to maintain traffic while the Contractor constructs permanent struct ures. The temporary struct ure shall include the earth approaches thereto unle ss otherwise specified. titles (or headings) - The titles or headings of the sections and subsections herein are intended for convenience of reference and shall not be considered as having any bearing on their interpretation. township, town, city or district - A subdivision of the county used to designate or identify the location of the proposed work. travelled way - A portion of the roadway improved, designed or ordinarily used for vehicular travel, exclusive of shoulders or berms. underground storage tanks - Any tank or combination of tanks, including underground pipes connected thereto, that are used to contain an accumulation of regulated substances and the volume of which, including underground pipe volume, is ten percent or more beneath the surface of the ground. wetlands - As defined in EPA and Corps of Engineers (Corps) regulations and clarified in the latest Federal Wetlands Delineation Manual. work - The furnishing of all labor, materials, equipment and incidentals necessary or convenient to the successful completion of the project and the carrying out of the duties and obligations imposed by the Contract. work order - A written order, signed by the Engin eer, of contractual status requiring performance by the Contractor without negotiation of any sort. work phase - A contract item or group of associated items that should be in progress at the time as a controlling phase for the orderly completion of the work within contract time. See progress schedule. working drawings - Stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending di agrams for reinforcing steel, or any other supplementary plans or similar data that the Contractor is required to submit to the Engineer for approval.
101.03 Presumption. To avoid repetition of expressions, it is provided that any
directive, action or opinion that is not so denoted shall be understood to be followed by the words "by the Engineer " or "to the Engineer." Figure 1 - Section 101 Section 102 Section 102 SECTION 102 - BIDDING REQUIREMENTS AND CONDITIONS 102.001--Advertisement. In conformity with State law, the Commission will publish a Notice to Contractors giving notice of a request for bids, this notice will become one of the contract documents if award is made. The advertisement will state the time and place for submission of seal ed proposals; the location and description of the proposed work; estimates of the quantities and kinds of work to be performed or materials to be furnished and a schedule of pay items for which contract unit prices are asked; specified c ontract time; and instructions to bidders regarding proposal forms, basis of award, proposal guaranty required, plans, specifications, labor requirements, special provisions and other pertinent information.
102.01 Prequalification of Bidders. Prospective bidders will be required to file with
the Department a list of persons authorized to bind the company in all matters. Other information may be required from time to time before issuing proposals. Bidders must familiarize themselves with all fees and taxes required for the privilege of doing business within the State of Mississippi. As a condition precedent to the ope ning of a bid, the total amount of which is equal to or in excess of $50,000.00 and financed 100% with State funds, the bidder must have a certificate of responsibility issued by the Missi ssippi State Board of Public Contractors or a similar certificate issued by another state recognizing such certificate issued by the State of Mississippi. The Bidder's Certificate of Responsibility number must be on file with the Department’s Contract Administration Division to purchase a bid proposal. When two or more persons, firms or corpora tions are submitting a joint venture, each of the persons, firms or corporations shall comply with the above prequalification requirements.
102.02 Contents of Proposal Forms. The proposal forms, designated as Section 905 of
the contract documents, will state the lo cation and description of the contemplated construction, will show estimates of the kinds and quantities of work to be performed or materials to be furnished, and will have a sche dule of items for which contract unit prices are invited. It will state the time in which the work must be completed. The proposal will also include special provisions and requirements that are not contained in the Standard Specifications or required modifications thereto. All papers bound with, attached to, submitted electronically with, or designated for addition or substitution in the proposal are considered a part thereof and must not be detached or altered when the proposal is submitted. The plans, specifications and other documents designated in the proposal shall be considered a part as if attached to and included in the proposal. The bidder will be required to pay the Department the sum stated in the Notice to Contractors for each copy of the proposal form.
102.03 Issuance of Proposal. Except as hereinafter set forth, the Department will, upon
request, furnish the bidder with a proposal. The Department reserves the right to refuse
Source: Mississippi Standard Specifications for Road and Bridge Construction, 2017 Edition. Pages 16–27 of 1,113.