101Definitions and Terms

101.01GENERAL

The Standard Specifications are written to the Contractor. They define the Contractor’s responsibility in meeting each specification. The short sentences, written in the active voice, explain what the Contractor must do. The Specifications outline the expectations of the Department and explain what the Contractor must provide the Department. Unless otherwise noted, all actions are to be performed by the Contractor. “Will” statements mean the Department is responsible or will perform the action. The Standard Specifications are written in dual units with English units first, followed by Metric units in parenthesis. The contract will be in one of the two units. All submittals and documentation provided to the Department must be in English or Metric units as shown in the contract. The active voice writing style is recommended by the Federal Highway Administration Technical Advisory 5080.16. Examples of the writing styles are as follows:

The titles and headings of the sections, subsections, and sub-parts are for the convenience of reference and do not necessarily have a bearing on their interpretation. When a publication is specified, it refers to the most recent date of issue, including interim publications, before the date of bid receipts for the project unless the issue of a specific date or year is specified.

101.02ACRONYMS AND ABBREVIATIONS

Whenever the following acronyms and terms are used in the contract, the intent and meaning are interpreted as follows: AAN .............. American Association of Nurserymen AAR .............. Association of American Railroads AASHTO ....... American Association of State Highway and Transportation Officials ACI ................ American Concrete Institute AGC .............. Associated General Contractors of America AISC ............. American Institute of Steel Construction, Inc. AISI ............... American Iron and Steel Institute ANSI ............. American National Standards Institute, Inc. ARA .............. American Railway Association AREA ............ American Railway Engineering Association ARM .............. Administrative Rules of Montana ARTBA .......... American Road and Transportation Builders Association ASC .............. Activities Schedule Chart ASCE ............ American Society of Civil Engineers ASME ............ American Society of Mechanical Engineers ASTM ............ American Society for Testing and Materials ATTSA .......... American Traffic Safety Services Association AWPA ........... American Wood Preservers Association AWS .............. American Welding Society AWWA .......... American Water Works Association BMP .............. Best Management Practice CAS .............. Contract Administration Section CES .............. Construction Engineering Services CFR .............. Code of Federal Regulations CMP .............. Corrugated Metal Pipe CO ................ Change Order – DEFINITIONS AND TERMS 2020 EDITION V5.1 COE ............... U.S. Army Corps of Engineers CPM ............... Critical Path Method CRSI .............. Concrete Reinforcing Steel Institute CTEP ............. Community Transportation Enhancement Program CUF ............... Commercially Useful Function CWI ................ Certified Welding Inspector D/A ................. Dust to actual asphalt ratio DBE ............... Disadvantaged Business Enterprise DCE ............... District Construction Engineer DEES ............. District Environmental Engineering Specialist DEQ ............... Montana Department of Environmental Quality DMS ............... District Materials Supervisor DNRC ............ Montana Department of Natural Resources and Conservation DP.................. Dust to effective asphalt ratio EBS ............... Electronic Bid System ECCB ............. Engineering Construction Contracting Bureau EEO ............... Equal Employment Opportunity EPA ............... Environmental Protection Agency ESAL ............. Equivalent Single Axle Load FETS ............. Flared End Terminal Section FHWA ............ Federal Highway Administration FSS ................ Federal Specifications and Standards FWP ............... Montana Department of Fish Wildlife and Parks HDPE ............. High Density Polyethylene Pipe IES ................. Illuminating Engineering Society IMSA .............. International Municipal Signal Association ITE ................. Institute of Transportation Engineers MASH ............ Manual for Assessing Safety Hardware MCA ............... Montana Code Annotated MDT ............... Montana Department of Transportation MPDES .......... Montana Pollutant Discharge Elimination System MSDS ............ Material Safety Data Sheet MT ................. Montana Test Method MUTCD .......... Manual on Uniform Traffic Control Devices NBS ............... National Bureau of Standards NCHRP .......... National Cooperative Highway Research Program NEC ............... National Electric Code NEMA ............ National Electrical Manufacturers Association NHS ............... National Highway System NOI ................ Notice of Intent NPDES .......... National Pollutant Discharge Elimination System OHV ............... Off Highway Vehicles OSHA ............ Occupational Safety and Health Administration PCC ............... Portland Cement Concrete PCCP ............. Portland Cement Concrete Pavement PCI ................. Pre-stress Concrete Institute PGAB ............. Performance Graded Asphalt Binder PLS ................ Pure Live Seed PTW ............... Presently Traveled Way PVC ............... Polyvinyl Chloride Pipe QA ................. Quality Assurance 2020 EDITION V5.1 DEFINITIONS AND TERMS – 101 Q&A .............. Contractor’s Question and Answer Forum QPL ............... Qualified Products List RAP .............. Recycled Asphalt Pavement RCP .............. Reinforced Concrete Pipe ROW or R/W . Right of Way SAE ............... Society of Automotive Engineers SBE ............... Small Business Enterprise SHPO ............ State Historic Preservation Office SPA ............... Stream Protection Act SSPC ............ Society for Protective Coatings SWPPP ......... Storm Water Pollution Prevention Plan TESC ............ Temporary Erosion and Sediment Control TMECC ......... Test Methods for Evaluating Compost and Composting TMP .............. Traffic Management Plan TRM .............. Turf Reinforcement Mat UL ................. Underwriters Laboratory USASI ........... United States of America Standards Institute VE ................. Value Engineering VFA ............... Voids Filled with Asphalt VMA .............. Voids in Mineral Aggregate VTM .............. Voids in the Total Mix WASHTO ...... Western Association of State Highway Transportation Officials WAQTC......... Western Alliance for Quality Transportation Construction WN ................ Written Narrative WWPA .......... Western Wood Products Association WZ ................ Work Zone – DEFINITIONS AND TERMS 2020 EDITION V5.1 The Department uses the following abbreviations in the Schedule of Items for the respective units of measurement: TABLE 101-1 MEASUREMENT ABBREVIATIONS English Metric English Metric Length Area inch in. millimeter mm square inch in2 square millimeter mm2 foot ft. square foot ft2 yard yd. meter m square yard yd2 square meter m2 mile mi. kilometer km acre acre hectare ha course mile CR. mi. course kilometer CR km square mile mi2 square kilometer km2 Volume Weight cubic inch in3 cubic millimeter mm3 ounce oz. gram g cubic foot ft3 pound lb. kilogram kg cubic yard yd3 cubic meter m3 ton t. metric tonne MT Liquid Measure Temperature ounce fl. oz. milliliter ml degree Fahrenheit °F degree Celsius °C gallon gal. liter L Speed Pressure miles per hour mph kilometers per hour kph pounds per square inch psi kilopascals kPa

101.03DEFINITIONS

ACTUAL COST The cost incurred by the Contractor in the performance of work. Actual cost includes labor, material, actual ownership cost of equipment determined from the owner’s records, or invoiced rental rates, and administrative overhead. ADDENDUM OR AMENDMENT Contract revisions developed after advertisement and before opening proposals. ADDITIONAL WORK Additional work is an increase in the quantity of a contract item. ADMINISTRATOR The District Administrator, or the authorized representative, is responsible for the administrative oversight of the project. 2020 EDITION V5.1 DEFINITIONS AND TERMS – 101 ADVERTISEMENT The public announcement inviting proposals for the advertised work. AWARD The acceptance of a proposal by the Commission. AQUATIC RESOURCES Aquatic resources may include, but are not limited to, wetlands, springs, streams (perennial, ephemeral, and intermittent drainages), rivers, lakes, ponds, reservoirs, agricultural irrigation systems and associated riparian areas. BASE One or more layers of specified material placed on the subgrade to support the surface course. BIDDER Any individual or entity submitting a proposal for advertised work. BID DOCUMENTATION Any writings, working papers, computer printouts, computer generated and/or computer stored information, electronically stored information, charts, schedules of any kind (e.g., CPM, bar chart, etc.), and any data compilations, computerized or not, used by the bidder to determine the bid submitted for a contract. Bid documents includes, but is not limited to, the following: • Bidder equipment internal rates for ownership. • Bidder overhead rates. • Labor rates. • Cost coding. • Equipment and manpower loading of activities. • Efficiency or productivity factors. • Scheduling calculations. • Review or analysis of the site of work. • Analysis of how the work should be performed. • Arithmetic extension. • Worksheets used to prepare the bid (identifying by name and edition any software programs used to prepare them); and • All quotations to the extent that these items were used in formulating and preparing the amount of the bid. Bid Documents also includes identification of all manuals used by the bidder in preparing the bid for this contract, referenced by title, author, edition, date, and page or section number. The term does not include bid documents provided by the owner (e.g., plans, specifications, etc.) for use by the bidder in preparation of the bid proposal. Convert electronic information into paper copies for submittal purposes. BRIDGE A structure, including supports, erected over a depression or an obstruction, such as water, a highway, or a railway, and having a track or passageway for carrying traffic or other moving loads and a length measured along the center of roadway exceeding 20 feet (6.1 m) between under-copings of abutments or extreme ends of openings for multiple boxes. The bridge length is the overall length measured along the line of survey stationing between backs of abutment backwalls or between ends of the bridge floor, but never less than the total clear opening of the structure. – DEFINITIONS AND TERMS 2020 EDITION V5.1 The bridge roadway width is the clear width measured at right angles to the longitudinal centerline of the bridge between the bottom of curbs or guard timbers or, in the case of multiple heights of curb between the bottoms of the lower risers. BUSINESS DAY All days are considered business days except Saturdays, Sundays, and holidays. CALENDAR DAY Every day shown on the calendar, beginning, and ending at midnight. CHANGE ORDER A written order issued to the Contractor covering changes to the original contract and establishing the agreed-upon basis of payment and time adjustments for the work affected by the changes. CHIEF ENGINEER The Highways Engineering Division Administrator is designated “Chief Engineer” for the Department who establishes engineering policy, resolves technical issues, and resolves Contractor disputes. CLAIMS REVIEW BOARD The Board consists of the Chief Engineer, the Preconstruction Engineer, and the Chief Counsel, with the CES Engineer as Secretary to the Board. The FHWA Field Operations Engineer and Construction Engineer are non-voting members. COMMISSION As provided by Section 2-15-2502 MCA, (as amended), the Transportation Commission is a quasi- judicial board assigned to the Department of Transportation for administrative support only. CONFORMITY Is compliance with:

are not specified; or

CONSTRUCTION CHANGE DIRECTIVE A written order issued and signed by the Department directing a change in the work by the Contractor with an adjustment for Contract Sum or Contract Time or both. The compensation is as determined to be fair and equitable by the Department and does not require the consent or signature of the Contractor or Surety. CONTRACT The written agreement between the Department and the Contractor detailing the obligations of the parties for the performance of the prescribed work. The contract includes the proposal; Q&A forum, signed contract award form; contract bond; specifications; general and detail plans; Detailed Drawings; Notice to Proceed; Materials Manual; and all change orders, extra work orders, including authorized contract time extensions, that are required to complete the project. CONTRACT BOND The approved security on the Department’s form, executed by the Contractor and its surety or sureties, guaranteeing the complete execution of the contract and all supplemental agreements thereto and payment of all legal debts pertaining to the construction of the project. CONTRACT ITEM (PAY ITEM) A specific unit of work for which a price is provided in the contract. 2020 EDITION V5.1 DEFINITIONS AND TERMS – 101 CONTRACT TIME The number of working days, calendar days, or the fixed completion date allowed for completing the contract, including authorized time extensions. CONTRACTOR OR PRIME CONTRACTOR The individual or legal entity contracting with the Department to perform the prescribed work. When used in the specifications, Prime Contractor has the same meaning as Contractor. CULVERT Any structure not classified as a bridge that provides an opening under the roadway. DELAY Any event, action, force, or factors that causes the contract work to extend beyond the specified contract time.

compensation.

that was beyond the Contractor’s control and for which a contract or milestone time extension may be granted.

Contractor’s control. No monetary compensation or time extension will be granted. DEPARTMENT OF TRANSPORTATION The State of Montana, Department of Transportation, acting through the Director and the Commission when the State is the awarding authority. Where Department is used alone, it means the Montana Department of Transportation. The Department’s mailing address is Montana Department of Transportation, 2701 Prospect Avenue, P.O. Box 201001, Helena, MT 59620-1001. DETAILED DRAWINGS An edition of special drawings, including necessary detailed instructions that pertain to certain items of work contained in Department projects. DIFFERING SITE CONDITIONS Subsurface or latent physical conditions at the site that:

inherent in the nature of the work required in the contract; or

conditions (e.g., working relationships, etc.) DIRECTOR The chief administrative officer of the Department, as established by law, and the Director’s authorized agents. ENGINEER The highest-ranking professional engineer in the district office, usually the administrator, DCE, or their authorized representative, responsible for engineering and administrative supervision of the project. EQUIPMENT All machinery, tools, apparatus, and supplies necessary for the upkeep, maintenance, construction, and completion of the project. – DEFINITIONS AND TERMS 2020 EDITION V5.1 EQUITABLE ADJUSTMENT An adjustment in the contract price or time. EXTRA WORK Work added to the original contract required for the completion of the contract. EXTRA WORK ORDER A written agreement amending the contract that identifies work to be paid for at agreed prices or by force account under Subsection 109.04. FIXED COMPLETION DATE For Completion Date Contracts, the fixed calendar date that all work on the project is to be complete. FORCE ACCOUNT WORK A basis of payment to perform extra work when procedures of negotiation are unsuccessful. Force account work will be paid for under Subsection 109.04.2. HOLIDAYS Legal holidays are defined in Montana Code Annotated Section 1-1-216. INSPECTOR The Engineer or Project Manager’s authorized representative assigned to make inspections of work and materials furnished. INVITATION FOR BIDS The advertisement for proposals for work or materials on which bids are requested. The advertisement goes out to interested parties to allow potential bidders an opportunity to examine the site, material sources, etc. It will indicate the estimated quantities and location of the work to be done or character and quantity of the material to be furnished and the time and place of the opening of proposals. JOINT VENTURE An agreement between two or more persons or entities to be jointly and severally responsible for the performance of a contract. LABORATORY The Department testing laboratory or other testing laboratory designated by the Engineer. LIQUIDATED DAMAGES A specific sum (or a sum readily determinable) of money stipulated by the Department as the amount to be recovered for each day of delay in delivery of the completion of the contract. MAJOR ITEM Individual bid items having a bid value equal to or exceeding 10% of the total Contractor’s bid. MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) The FHWA Manual on Uniform Traffic Control Devices its current edition and its revisions. It includes the basic principles for the design and use of traffic control devices but recognizes that engineering judgment is essential to the proper use of traffic control devices. The manual may be supplemented by Standard Specifications, Special Provisions, and by project circumstances when approved by the Engineer (See MUTCD, Section 2A.03 Standardization of Application). MATERIALS Substances specified for use in the construction of the project. Furnish new materials unless otherwise specified or approved. 2020 EDITION V5.1 DEFINITIONS AND TERMS – 101 MEDIAN The portion of a divided highway separating the traveled ways for traffic in opposite directions. Separation may be by open ground, raised median, or paint not including centerline stripping. NIGHT OR NIGHTTIME Defined as the period of time beginning at sunset and ending at sunrise. Night work is that which occurs during this time. The FWP sunrise/sunset tables, available on the FWP website, are used for specific sunrise/sunset times. NO WORK DAYS Days that work is prohibited under the contract. NOTICE TO PROCEED Written notice to the Contractor to proceed with the contract work including the starting date of contract time. OFF-HIGHWAY VEHICLE A vehicle that exceeds legal weight limits or cannot be legally registered or licensed to operate on public roadways. PAVEMENT STRUCTURE The combination of base course and surface course placed on a subgrade to support and distribute the traffic load to the roadbed. PLANS The approved contract drawings showing the location, type, dimensions, and details of the work required under the contract. PROFILE GRADE The trace of a vertical plane intersecting the top surface of the proposed wearing surface, usually along the longitudinal centerline of the roadbed. Profile grade means either elevation or gradient of such trace according to the context. PROJECT The specific section of the highway or location on which construction is to be performed under the contract. PROJECT MANAGER The Project Manager is the authorized representative of the Engineer. The Project Manager is responsible for direct oversight and documentation of the project. The Project Manager is the Contractor’s first contact for all project related issues unless another person or agency is specifically stated in the contract. PROJECT RECORDS All correspondence, reports, proposals, minutes, articles, logs, calendars, diaries, computations, tabulations, computer printouts, bills, statements, invoices, vouchers, bills of lading, schedules, purchase orders, contracts, agreements, accounts, checks, tape recordings, photostats, video recordings, photographs, sketches, drawings, charts, graphs, transcripts, and other similar objects, any of which pertains to a project or project costs, of a Contractor and its subcontractors. PROPOSAL A written offer by a bidder, on Department furnished forms, to complete the project at the quoted prices within the specified contract time. Also called “Bid Proposal.” – DEFINITIONS AND TERMS 2020 EDITION V5.1 PROPOSAL FORM The approved form on which bids must be prepared and submitted. PROPOSAL GUARANTY The security furnished with a proposal to guarantee that the bidder enters into the contract if its proposal is accepted. QUALITY ASSURANCE

in which the quality and workmanship, determined by statistical means is at the lower limit of the acceptance range.

Also known as “lot by lot” or “lot” basis or system.

contract bid item in which a superior level of quality and workmanship, determined statistically, was performed.

being selected for testing. QUALITY CONTROL

service in order to satisfy given requirements.

inspection, sampling, and testing necessary to measure and control the various properties governed by the contract specifications. RENTAL RATES Hourly rates approved by the Department for furnishing and operating various types of construction equipment. RESOURCES The labor, equipment, and material necessary to perform work on a contract bid item or other contract work element. RESPONSIVE BID A bid that meets all requirements of the Proposal and Instructions to Bidders. RESPONSIBLE BIDDER A bidder that the Department determines has the skill, ability, and integrity to perform the project. The Department’s standards of responsibility are in Section 18.3.201, ARM . RIGHT-OF-WAY Land, property, or interest acquired for or devoted to a highway. ROAD, HIGHWAY OR STREET A public way for vehicular travel, including the entire area within the right-of-way. ROADBED The graded portion of a highway within the top and side slopes prepared as a foundation for the pavement structure and shoulders. 2020 EDITION V5.1 DEFINITIONS AND TERMS – 101 ROADSIDE The areas between the outside edges of the shoulders and the right-of-way boundaries and other areas within the right-of-way not intended for motorized travel. ROADSIDE DEVELOPMENT Those items necessary for:

seeding, sodding, mulching, composting, and the placing of other ground covers; and suitable plantings; and

Unless specified different in the contract, the following are the roadside areas:

roadsides. ROADWAY The portion of a highway within the limits of construction. SHOULDER The portion of the roadway adjacent to the traveled way for accommodation stopped vehicles for emergency use and for lateral support of base and surface courses. SIDEWALK That portion of the right-of-way constructed for pedestrian use. SPECIAL PROVISIONS Modifications to the Standard Specifications applicable to an individual project. SPECIFICATIONS The compilation of provisions in this book and Special Provisions for the performance of the project. STATE The State of Montana acting through its authorized representative. STORMWATER CONSTRUCTION GENERAL PERMIT Will be hereby referred to as the General Permit. STRUCTURES Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drains, and other features that may be encountered in the work. SUBCONTRACTOR An individual or legal entity, to which a Contractor subcontracts, assigns, or otherwise disposes of any part of the work. This includes subcontractors at any contract tier, such as sub-subcontractors, etc. SUBGRADE The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are constructed. – DEFINITIONS AND TERMS 2020 EDITION V5.1 SUBSTRUCTURE All of the structure below the bearings of simple and continuous spans, skewbacks of arches, and tops of footings of rigid frames, together with the backwalls, wingwalls, and wing protection railings. SUPERINTENDENT The Contractor’s authorized representative in responsible charge of the work. SUPERSTRUCTURE The entire structure except the substructure as defined in this section. SURETY The legal entity or individual, other than the Contractor, executing a bond furnished by the Contractor (see Section 28-11-401 MCA). SURFACE COURSE One or more layers of a pavement structure designed to accommodate the traffic load, the top layer of which resists skidding, traffic abrasion, and the disintegrating effects of climate. The top layer is sometimes called the “wearing course.” TITLES (OR HEADINGS) The titles or headings of the divisions, sections, and subsections are for convenience of reference and do not have any bearing on their interpretation. TOPSOIL Topsoil under Section 203 is soil that supports normal plant growth. Topsoil under Section 610 is soil that supports normal plant growth and meets Subsection 713.05 requirements. TRAVELED WAY OR PRESENT TRAVELED WAY The existing paved or graveled roadway section in use including the shoulders and auxiliary lanes. Also referred to as the PTW. UNBALANCED BID

submitting a mathematically unbalanced bid results in the lowest ultimate cost to the Department.

reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs. UNUSUALLY SEVERE WEATHER Unusually severe weather is weather that is more severe than the adverse weather anticipated for the season or location involved. WINTER PERIOD All days from November 16th through April 15th, inclusive. WORK The furnishing of all resources necessary to complete the project. WORKING DAY Any day that is charged against contract time in a Working Day contract. 2020 EDITION V5.1 DEFINITIONS AND TERMS – 101 WORKING DRAWINGS Stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, or other supplementary plans or similar data that the Contractor is required to submit to the Project Manager.