1 SECTION 101
101.01 Wording of The Specifications
The North Dakota Department of Transportation has written the Standard Specifications for Road and Bridge Construction (Standard Specifications) with an emphasis on the active voice. In a sentence written in the active voice, someone acts on something. For example: “The Engineer will take a sample.” A similar sentence in the passive voice —“A sample will be tak en”—would be unclear about who was responsible for taking the sample. The Standard Specifications also make use of the imperative mood. The imperative mood is used when the party issuing an instruction and the party receiving it are already understood. In the Standard Specifications, the Department is stating its requirements or directions for work to the Contractor; such statements have the same force as if they contained the word “shall.” In an imperative sentence such as, “Place the concrete,” the Depar tment is indicating that it requires the Contractor to place the concrete. Before award of the contract, imperative statements are directed to the Bidder. Between award and execution of the contract, imperatives are directed to the lowest responsible Bidder; and after execution, to the Contractor. The Department will identify parties other than the Bidder or Contractor to whom it gives a responsibility in the Standard Specifications. In phrasings where the responsible party has already been clearly identified or in factual statements when it is not important to do so, the Department may use the passive voice. When these specifications indicate that work shall be “required, requested, directed, authorized, ordered, permitted, suspended, approved, accepted, or rejected,” it shall be understood that these expressions and others similar to them are followed by the phrase, “by the Engineer.”
101.02 Organization of The Specifications
A.General. With the exception of Section 100, "General Provisions," and Section 800, "Materials," the sections of the Standard Specifications are written in a six -part format. Each section contains the following primary subsections: XXX.01 Description XXX.02 Equipment XXX.03 Materials XXX.04 Construction Requi rements XXX.05 Method of Measurement XXX.06 Basis of Payment The subsections contain varying numbers of titled subordinate subsections composed of higher and lower levels, as in an outline.
B.Hierarchy of Organization. The requirements of a subsection apply to subordinate subsections. In addition, many subsections begin with a lower -level subsection called "General." The requirements of "General" subsections apply to the associated same-level subsections that follow; they do not apply to the higher level. 2 All of the provisions of Section 100, “General Provisions,” of the Standard Specifications apply to all portions of the contract.
C.Titles or Headings. The titles or headings of sections and subsections are for the convenience of referencing and have no bearing on the meaning or interpretation of the text.
D.References. The specifications rely on many cross references, both to internal sources in the specifications and external sources in other contract documents, Department manuals, and other i ndustry resources. If the contract documents reference an external publication, the Department intends that the reference be to the most recent issue, including interim publications before the date of the advertisement, unless the contract specifies otherw ise. When a test procedure uses the prefix “ND”, the proper test procedure can be found in the Department’s Field Sampling and Testing Manual , which is available on the Department’s website: www.dot.nd.gov . Each contract item listed in the contract references to a section number from the specifications; therefore, all of the provisions of that referenced section that are relevant to the proper completion of the contract item are binding upon the Contractor. This includes the requirements found in the “General” subsections as well as those specific requirements listed thereafter. Within the specifications, references to other sections and subsections of the specifications apply the same as if they were a part of the specification section or subsection from which they were referenced. A cross -reference to a specific subsection of these specifications includes all general requirements of the section of which the subsection is a part.
101.03 Abbreviations
Wherever the following abbreviations are used in the contract documents, their meaning shall be as follows: AAR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials AC Asphaltic Cement ACI American Concrete Institute ACPA American Concrete P ipe Association ADA Americans with Disabilities Act AGC Associated General Contractors of America AIA American Institute of Architects AISI American Iron and Steel Institute ANLA American Nursery and Landscaping Ass ociation ANSI American National Standards Institute AREMA American Railway Engineering and Maintenance-of-Way Association ARTBA American Road and Transportation Builders Association ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASTM ASTM International ATSSA American Traffic Safety Services Association AWPA American Wood Protection Association 3 AWWA American Water Works Association AWS American Welding Society BIA Bureau of Indian Affairs, U.S. Department of the Interior BMP Best Management Practices CADD Computer -Aided Drafting Design CARS Construction Automated Records System CFR Code of Federal Regulations CMC County Major Collector CPM Critical Path Method CRS County Rural Society CRSI Concrete Reinforcing Steel Institute DBE Disadvantaged Business Enterprise EEO Equal Employment Opportunity ESAL Equivalent Single Axle Load EPA U.S. Environmental Protection Agency FAA Federal Aviation Administration FHWA Federal Highway Administration, U.S. Department of Transportation HDPE High-Density Polyethylene IES Illuminating Engineering Society ISSA International Slurry Surfacing Association ITE Institute of Transportation Engineers ITS Intelligent Transportation System IMSA International Municipal Signal Association LED Light Emitting Diodes MASH Manual for Assessing Safety Hardware MUTCD Manual on Uniform Traffic Control Devices NCHRP National Cooperative Highway Research Project NDCC North Dakota Century Code NDDEQ North Dakota Department of Environmental Quality NDDoH North Dakota Department of Health NDDOT North Dakota Department of Transportation NDPDES North Dakota Pollutant Discharge Elimination System NEC National Electrical Code NEMA National Electric Manufacturers Association NEPA National Environmental Policy Act NHTSA National Highway Traffic Safety Administration NPCA National Precast Concrete Association NRMCA National Ready -Mix Concrete Association NTCIP National Transportation Communications for ITS Protocol NTPEP National Transportation Product Evaluation Program OSHA Occupational Safety and Health Administration, U.S. Department of Labor PCA Portland Cement Association PCC Portland Cement Concrete PCI Precast/Prestressed Concrete Institute PCN Project Control Number PVC Polyvinylchloride - PVC Pipe QA Quality Assurance QC Quality Control SAE SAE International SCM Supplementary Cementitious Material SFN State Form Number 4 SG Specific Gravity SHPO State Historic Preservation Office SSPC The Society for Protective Coatings SWPPP Storm Water Pollution Prevetion Plan UL Underwriters Laboratory, Inc. USACE United States Army Corps of Engineers USFWS U.S. Fish and Wildlife Service VMA Voids in Mineral Aggregate
101.04 Definitions
Wherever the following terms are used in the contract documents, their meaning shall be as follows: Act of God. An unforeseeable act, event, or happening resulting from natural causes such as earthquake, tornado, or other cataclysmic phenomena. Actual Quantity. The quantity of a contract item measured by the Engineer in accordance with Section 109.01, “Measurement of Quantities.” Addendum. A document issued by the Department after the advertisement and before the bid opening that modifies or supplements the proposal package and will become part of the contract. Advertisement. A public announcement inviting proposals. The advertisement will identify how to get a copy of the proposal package, how to submit a proposal, and the date, time, and pl ace of the bid opening. Award. The Department’s acceptance of a proposal. Base Course. The layer or layers of specified or selected material placed on a subbase or subgrade to support a surface course. Bidder. An individual, or legal entity submitting a proposal. Bid Documentation. All writings, working papers, computer printouts, charts, and all other data compilation that contain or reflect information, data, or calculations used by the Bidder to prepare the submitted proposal, such as material relati ng to the determination and application of the following:
1.Equipment rates,
2.Overhead rates and related time schedules,
3.Labor rates,
4.Efficiency or productivity factors,
5.Arithmetic extensions, and
6.Subcontractor and material supplier quotations. The Bidder may include manuals that are standard to the industry in the bid documentation by reference and must show the name and date of the publication and the publisher. Bid Opening. The public opening of proposals at the date, time, and location identified in the advertisement . Bid Item List. A list of the bid items and estimated quantities in the proposal forms. The bid item list becomes the list of contract items after execution of the contract . Bid Unit Price. The price per unit for a contract item submitted by the Bidder on the proposal forms . After award the bid unit price becomes the contract unit price. Bridge. A single-span or multiple-span structure including supports, erected over a depression or obstruction such 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 roadway of more than 20 feet between undercopings of abutments or extreme ends of openings for multiple boxes. Bridge Length. The greater dimension of a structure measured along the center of the roadway between backs of abutment walls or between ends of bridge deck. Bridge Roadway Width. The clear width of a structure measured at right angles to the center of the roadway between the bottom of curbs or, if curbs are not used, between the inner faces of parapet or railing. Business Day. Any calendar day, except Saturdays and holidays. Calendar Day. Every day shown on the calendar. A day begins and ends at midnight. Certificate of Compliance. A certificate provided by the Contractor to the Engineer in accordance with Section 106.01, “General Methods of Materials Acceptance.” Change Order. A written order from the Department to the Contractor , and signed by both parties, detailing contract revisions for work within the scope of the original contract. Clue. A potential source of material identified in the proposal package and, if used, is considered a Contractor -furnished material source. Cofferdam. A temporary or removable structure designed to hold the surrounding earth, water or both out of the excavation. Constraint (CPM only). A restriction placed on an activity in the schedule that may override logic or restrict or distribute float for a network or sub-network of logic. Construction Limits. The area from the beginning station to the ending station of the project and between the slope stakes or as shown on the plans. Contract. The written agreement between the Department and the Contractor setting forth the obligations of the parties for the performance of the prescribed work . The contract includes the following:
1.Addenda
2.Bid Item List
3.Change Orders
4.Contract Bond 6 5. Contract Items (Pay Item)
6.Contract Time
7.Project Plans and Standard Drawings
8.Proposal Forms
9.Proposal Package
10.PS-1 (Price Schedule for Miscellaneous Items)
11.Request for Proposals
12.Standard Specifications and Supplemental Specifications
13.Special Provisions
14.Supplemental Agreements
15.Work Drawings
16.Work Orders Contract Amount. The total amount of the contract , including all contract revisions to date. Contract Bond. The security, executed by the Contractor and the surety or sureties, furnished to the Department to guarantee complete execution of the contract and all supplemental agreements and the payment of all legal debts pertaining to project construction. Contract Item (Pay Item). A specific unit of the work for which the contract provides a price. During the bidding process, the term “bid item” may be used to describe these items. Major Contract Item. A contract item having a contract value greater than 5 percent of the original contract amount . Minor Contract Items. A contract item that is not a major contract item . A minor contract item in the original bid item list becomes a major contract item when its total cost increases to more than 5 percent of the original contract amount . Specialty Item. Any designated contract item that requires specialized knowledge, abilities, or equipment not ordinarily required with the major type of work specified in the contract . Contract Unit Price. The price included in the Contract for a contract item . Contract Time. The amount of time al lowed for completion of the contract , including authorized time extensions. The contract time will be a number of working days, a number of calendar days, a completion date, or a completion date with a minimum number of working days. The contract time may include milestones. 7 Contractor. The individual, or legal entity contracting with the Department for performance of prescribed work . Employee. Any person working on the project covered by the contract that is under the direction or control of, or receives compensation from, the Contractor or a subcontractor . Subcontractor. An individual, or legal entity with whom the Contractor sublets part of the contract in accordance with Section 108.01, “Subletting of Contr act.” Superintendent. The Contractor’s authorized representative in responsible charge of the work in accordance with Section 105.02, “Contractor Requirements.” Surety. The legal entity or individual, other than the Contractor , executing a proposal guaranty or contract bond. Critical Activity. An activity with zero or negative total float . Critical Path. The longest continuous sequence of work establishing the scheduled completion date of the project or a milestone. Critical Path Method. An electronic system of planning, scheduling, and control which combines all relevant information into a single master plan, permitting the establishment of the optimum sequence and dur ation of operations; utilizing an arrow diagram drawn to show the interconnected individual tasks involved in constructing the project . Culvert. Any structure under the roadway with a clear opening of 20 feet or less measured along the center of the roadw ay. Data Date. The date from which a schedule is calculated and, in schedules other than the initial schedule and baseline schedule, the date up to which progress is reported. Department. The North Dakota Department of Transportation or its representativ es. Director. The Director of the Department acting directly or through authorized representatives. Engineer. The Deputy Director for Engineering of the Department , acting directly or through an authorized representative, who is responsible for engineering supervision of construction. Laboratory. The testing laboratory of the Department or any other testing laboratory designated by the Engineer . Materials & Research Engineer. The head of the Department's Materials & Research Division. Director. See Department . Divided Highway. A highway with separated roadways for traffic in opposite directions. 8 Driving Lane. The portion of the highway, excluding shoulders, normally used to accommodate the movement of vehicular traffic. Employee. See Contractor . Engineer. See Department . Equipment. All machinery, tools, apparatus, and supplies necessary for maintenance, construction, and completion of the work . Expressway. A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections. Extra Work. Work not provided for in the contract but considered essential by the Engineer for satisfactory completion of the contract within its intended scope. Falsework. Scaffolding or other temporary structural support for concrete formw ork. Federal-Aid Project. A project that is constructed entirely or partially with federal funds. Field Sampling and Testing Manual. A Department publication that can be found at https://www.dot.nd.gov/divisions/materials/testingmanual.htm Float/Total Float. The number of days by which an activity may be delayed without delaying the project or a milestone. Force Account. Payment for contract revisions per approved costs and additives in accordance with Section 109.03, “Compensation for Contract Revisions.” Haul Road. Highways, streets, or roads designated by the Department in accordance with Section 107.08 , “Haul Roads,” for use by the Contractor to haul material to or from the project . Highway, Street, or Road. A general term indicating a public way used by vehicles and pedestrians. Includes entire area within the right of way. Holidays. State of North Dakota holidays are as follows:
1.Every Sunday;
2.New Year’s Day, January 1;
3.Martin Luther King, Jr. Day, the third Monday of January;
4.Presidents Day, the third Monday of February;
5.Good Friday, the Friday before Easter Sunday;
6.Memorial Day, the last Monday in May;
7.Independence Day, July 4;
8.Labor Day, the first Monday in September;
9.Veterans Day, November 11;
10.Thanksgiving Day, the fourth Thursday in November;
11.Christmas Day, December 25; and
12.Every day appointed as a public holiday by the President of the United States or the Governor of the State . 9 If January 1, July 4, November 11, or December 25 fall on a Sunday, the following Monday is a holiday. If January 1, July 4, November 11, or December 25 fall on a Saturday, the previous Friday is a holiday. Laboratory. See Department . Major Contract Item. See Contract Item . Materially Unbalanced Bid. See Unbalanced Bid. Materials. Any substances, products, supplies, assemblies, or raw materials specified for use in the performance of the work . Mathematically Unbalanced Bid. See Unbalanced Bid. Median. The portion of a divided highway separating the traveled ways. Milestone. A dated specified in the contract , such as the date that the contract time expires. Minor Contract Item. See Contract Item . Notice to Bidders. A notice issued by the Department of projects available for proposals in an upcoming bid opening. Notice to Proceed. The Department’s notice to the Contractor to begin the work in accordance with Section 108.04, “Notice to Proceed.” Original Contract Amount. The original amount of the Contract is the total sum bid. Does not include extra work, eliminated work, or differences in estimate versus actual quantities. This amount does not change during the life of the C ontract . Pavement Structure. The combination of subbase, base course, and surface course placed on a subgrade to support and distribute the traffic load to the roadbed. Plan Quantity. The quantity of a contract item shown on the bid item list and the plans. Plans. The project plans and standard drawings that show the location, character, and dimensions of the prescribed work , including layouts, profiles, cross sections, and other details. Project Plans. A set of plans addressing the work required for the project . At the time of advertisement , the project plans may include the following: a vicinity map, a summary of quantities, notes, signing information, traffic control plans, and detailed drawings. Standard Drawings. An approved set of drawings showing standard details of construction and materials for the work on a project . Predecessor. An activity that is defined by schedule logic to precede another activity. A predecessor may control the start or finish date of its successor . 10 Project. The specific section of highway on which construction is to be performed under the contract . Project Control Number (PCN). A number generated by the Department for project tracking. Found on the cover sheet of the plans. Project Number. A number generated by the Department containing coded project data. Found on the cover sheet of the plans. Project Site. All areas used by the Contractor in the performance of the work . Project Plans. See Plans. Proposal. (Commonly referred to as Bid) A Bidder’s offer on Department forms, to perform the work at the prices quoted. Proposal Forms. The Department -provided forms on which a Bidder must prepare and submit its proposal for the work . That portion of the proposal package labeled as “ Proposal Form ” containing certifications, affidavits, acknowledgements, and the bid item list . The proposal forms are prepared and submitted by the Bidder and is then considered a proposal. Proposal Guaranty. The security furnished to guarantee the Bidder will enter into the contract if the proposal is accepted. Proposal Package. All documents made available to prospective Bidders by the Department before the opening of proposals. These documents will become part of the contract . PS-1. (Price Schedule for Miscellaneous Items) A schedule of predetermined unit prices in the contract that provides for payment of miscellaneous contract items. Qualified Laboratory Program. See Section 106.10, “ Qualified Laboratories And Testing Personnel”. Relationship. The interdependencies among activities. Relationships link an activity to its predecessors and successors. A schedule’s relationships are sometimes referred to as the logic of the schedule. Examples of relationships are finish- to-start, start-to-start, and finish-to- finish. Relationships are implied in bar chart schedules and explicit in CPM schedules. Request for Proposals. A publication addressing the work requir ed for the project . The request for proposals may include the supplemental specifications, the special provisions, labor rates, the proposal forms, and the Required Contract Provisions Federal -aid Construction Contracts. Responsive Proposal. A proposal that meets all requirements of the proposal package. Responsible Bidder. A Bidder who has met all of the Department’s prequalification requirement and actually submits a bid on a project. Right of Way. A general term denoting land, property, or interest therein, acquired for or devoted to a highway. 11 Roadbed. The graded portion of a highway, within top and side slopes, prepared as a foundation for the pavement structure and shoulder . Roadside. The area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside. Roadway. The portion of a highway including shoulders for vehicular use. Shoulder. The portion of the roadway adjacent to the traveled way for accommodation of stopped vehicles for emergency use and for lateral support of base course and surface course. Sieve. U.S.A. Standard Sieve, as defined in ASTM E 11. The specified percent passing for each sieve is measured by weight. Special Provisions. See Specifications. Specialty Item. See Contract Item . Specifications. The compilation of written requirements for performance of the work , including the following: Standard Specifications. A book of specifications approved for general application and repetitive use. Supplemental Specifications. Approved revisions to the standard specifications. Special Provisions. Revisions or additions to the standard specifications and supplemental specifications that cover special conditions for the project . Stabilization. The modification of soils or aggregates by incorporating materials that increases load-bearing capacity, firmness, or resistance to weathering or displacement. Standard Drawings. See Plans. Standard Specifications. See Specifications. State. The State of North Dakota acting through its authorized representative. State Aid Project. A project that is constructed entirely with State Funds or State and local subdivision funds. Station. When used as a definition or term of measurement, a station is 100 linear feet. Structures. Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drains, and similar features that may be encountered in the work . Subcontractor. See Contractor . Subbase. The layers of specified or selected materials of designated thick ness placed on a subgrade to support a base course. Subgrade. The top surface of an embankment or cut section on a graded roadway. It is the foundation for the subbase, base course, and surface course. Substantial Completion. A project is substantially complete when it is open for safe and convenient use by the traveling public, and all necessary safety features are in place; or, if not to be opened to traffic, when it is ready for the subsequent project. Substructure. All of the structure below the bearings of simple and continuous spans, skewbacks of arches and tops of footings of rigid frames, including the backwalls, wingwalls and wing protection railings. Successor. An activity that is defined by schedule logic to succeed another activity. The start or finish date of a successor may be controlled by its predecessor . Superintendent. See Contractor . Superstructure. The entire structure except the substructure. Supplemental Agreement. A written agreement for the performance of work that is beyond the scope of the original contract but which the Department elects to perform in conjunction with the existing contract. The Department and the Contractor must sign a supplemental agreement before it can become a contract revision. Supplemental Specifications. See Specifications. Surcharge. Additional fill material above the proposed grade line for the purpose of adding weight. Surety. See Contractor . Surface Course. One or more layers of a pavement structure designed to accommodate the traffic load; the top layer of which resists skidding and traffic abrasion. The top layer is sometimes called “Wearing Course.” Technical Certification Program. See Section 106.10, “ Qualified Laboratories And Testing Personnel ”. Traffic. Vehicles, pedestrians , and other modes of transportation. Total Sum Bid. The total amount of a proposal; the sum of the price extensions for all bid items. Total Contract Amount. Calculated from the Original Contract Amount plus or minus any extra work, eliminated work, and differences between estimated and actual quantities. This amount can change throughout the life of the Contract . Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. Unbalanced Bid. A proposal that does not reflect the true cost of providing the material, equipment, and labor required to complete the bid item . Materially Unbalanced Bid. A proposal in which there is a reasonable doubt that award to the Bidder submitting the mathematically unbalanced bid will result in the lowest ultimate cost to the Department . Mathematically Unbalanced Bid. A proposal containing bid items that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder’s anticipated profit, overhead costs, and other indirect costs, which the Bidder anticipates for the performance of the items in question. Work. The providing of all labor, materials, equipment, and incidentals necessary to complete the project in accordance with the contract . Work Drawings. Supplemental design sheets or similar data, such as drawings, diagrams, illustrations, samples, schedules, or calculations, that the contract requires the Contractor to submit to the Engineer in accordance with Section 105.08, “Work Drawings.” Once the Department has reviewed a work drawing, it becomes part of the contract. Work Order. A written directive from the Engineer to the Contractor to perform changed work, extra work, or other additional work. Section 102 14 SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
102.01 Qualification of Bidder
The Department will only consider a proposal from a prequalified Bidder. Obtain online prequalification from the Department. Instructions for the online submittal can be found on the Departments website. The Department must receive the Contractor’s Prequal ification Statement at least 10 business days before the bid opening. The Department may check any statements submitted by a Bidder on the Contractor’s Prequalification Statement and obtain additional pertinent information from other sources. The Department may disqualify a Bidder for any reason stated in Section 102.13, “Disqualification of Bidder”.
102.02 Contractor’S License
The Department will not require a Bidder to have a contractor’s license from the State to submit a proposal; however, the Department will only award a contract to a Bidder that has an appropriate contractor’s license from the State.
102.03 Issuance and Contents of Proposal Package
The Department will issue the proposal package in accordance with the advertisement and notice to bidders. The notice to bidders is available on the Department’s website ( www.dot.nd.gov ). The Department will issue all addenda no later than 4:00 p.m. central time 2 business days before the bid opening, except the Department may withdraw the project from the bid opening at any time. Before submitting a proposal, check the most current proposal package, including addenda. The proposal package will contain the following:
1.The request for proposals, which contain the following:
a.The proposal forms, which contain the following:
1.The location and description of the work;
2.A list of bid items and estimated quantities;
3.The contract time; and
4.The date, time, and location of the bid opening.
b.The supplemental specifications,
c.The special provisions, and
d.Other requirements that vary from or are not contained in the standard specifications;
2.The plans;
a.The project plans, and
b.The standard draw ings.
3.The standard specifications;
4.Any addenda; and
5.Other documents designated in the proposal package.
102.04 Interpretation of Quantities In Bid Item List
The quantities in the bid item list are estimates only that the Department prepares for comparing proposals. The Department will measure and pay for accepted quantities of work in accordance with Section 109, “Measurement and Payment.”
Source: North Dakota Standard Specifications for Road and Bridge Construction, 2022 Edition. Pages 36–48 of 550.