101.01 2 SECTION 101 – DEFINITIONS AND TERMS
101.01 General ................................ ................................ ............................. 2
101.02 Abbreviations ................................ ................................ ................... 3
101.03 Terms ................................ ................................ ............................... 4
101.01 General
These Standard Specifications for Road and Bridge Construction apply to the bidder, before the award of the Contract, and to the Contractor aft er award. The sentences that direct the Contractor to perform work are written in the active voice/imperative mood. These directions to the Contractor are written as commands. For example, a requirement to provide cold weather protection could be expres sed as: Passive Voice / Indicative Mood: Cold weather protection for concrete shall be provided by the Contractor. Active Voice / Indicative Mood: The Contractor shall provide cold weather protection for concrete. Active Voice / Imperative Mood: Provide cold -weather protection for concrete. As shown in the above examples, in the active voice/imperative mood, the subject “the bidder” or “the Contractor” is understood. In these Specifications, this implied subject i s typically the Contractor, although in certain situations, the subject may also be a vendor, fabricator, or manufacturer engaged by the Contractor to supply material, products, or equipment for use on the Project. Sentences defining the actions or respons ibility of the Department or its representative are generally written in active voice/indicative mood. Sentences written in the active voice/indicative mood identify the party responsible for performing the action. For example, “The Engineer will determine the density of the compacted material.” The following words refer to actions of the Department or its representative: “directed,” “required,” “ordered,” “approved,” “rejected,” “acceptable,” and “satisfactory.” These and words with similar meaning sha ll be understood to 101.02 3 convey the same intent as if followed by the words “by the Engineer” or “to the Engineer.” The titles or headings of the Sections and Subsections in these Specifications are intended for convenience of reference and shall not be conside red as having any bearing on the interpretation of the Specifications.
101.02 Abbreviations
These Specifications and other Contract documents use the following abbreviations: ANLA American Nursery Landscaping Association AAR Association of American Railroads ACI American Concrete Association AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute ASLA American Society of Landscape Architects ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FHWA Federal Highway Administration FSS Federal Specifications and Standards, General Services Administration IEEE Institute of Electrical and Electronic Engineers IES Illuminating Engineering Society IMSA International Municipal Signal Association ITE Institute of Traffic Engineers ICEA Insulated Cable Engineers Association ISSA International Slurry Surfacing Association MUTCD Manual on Uniform Traffic Control Devices NEC National Electrical Code NEMA National Electrical Manufacturers Association NCHRP National Cooperative Highway Research Program OSHA Occupationa l Safety and Health Administration SAE Society of Automotive Engineers SPIB Southern Pine Inspection Bureau SSPC Society for Protective Coatings 101.03 4 TCA Tennessee Code Annotated TDEC Tennessee Department of Environment and Conservation UL Underwriters Laborat ories, Inc.
101.03 Terms
Wherever, in these Specifications or elsewhere in the Contract , the following terms, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follo ws: Addendum . Written interpretation or modification of any of the Contract documents, which is delivered to prospective bidders prior to the opening of proposals. Advertisement . The public announcement provided by the Notice to Contractors, as required by law, inviting proposals for the Work to be performed or materials to be furnished. Amendment. A revision to the electronic bid file , which may include adjusting a quantity, or adding, deleting, or revising Contract i tem(s). Award. The formal acceptance by the Department of a proposal. Base Course. The layer or layers of specified or selected material of designed thickness placed on a subbase or a subgrade to support a surface course. Bidder. A pre-qualified individual, partnership, firm, corporation, or joint venture acting directly or through a duly authorized representative to submit a proposal to perform the advertised Work. Box Bridge. A box culvert type structure consisting of a single box or multiple boxes, with or without a bottom slab, having a length, measured along the centerline of the roadway, of more than 20 feet between the inside faces of the outside walls. Bridge. A structure erected over a stream, watercourse, highway, railroad or opening, for carrying traffic, having a length, measured along the centerline of the roadway, of more than 20 feet between the faces of end supports. Calendar Day. Every day shown on the calendar. 101.03 5 Change Directive . An action taken by the Department, when the Contractor has filed a claim, that allows the Department to compensate the Contractor for completed additional work as determined to be fair and reasonable by the Department and that does not require the consent or signature of the Contractor or Surety. Change Order . A written agreement entered into by a nd between the Department and the Contractor, with the written assent of the Surety, covering modifications or alterations beyond the scope of the original Contract, and establishing any necessary new Contract items, any other basis of payment, and any time adjustments for the work affected by the changes. This Agreement becomes a part of the Contract when properly executed and approved. Commissioner. The Commissioner of the Department of Transportation of the State of Tennessee. Completion Date. The calendar date by which the Contract shall be completed when such date is shown in the proposal instead of a stipulation of a number of working days, or the date of final acceptance of t he Work. Construction Change. A completed document, approved by the Engineer, covering changes in the Plans, Specifications or quantities, and additional items and the basis of payment that have been established by a previously executed Change Order. Contract. The written agreement between the Department and the Contractor setting forth the obligations of the parties thereunder, including but not limited to, performance of the Work, whi ch includes the furnishing of labor, equipment, and materials, and the basis of payment. The Contract includes the Instructions to Bidders; the proposal; all conditions and terms of the Contract form; Contract Payment and Performance Bond; Letter of Credit where applicable; Specifications, Supplemental Specifications, Special Provisions, and Addenda; Standard Drawings and Contract Plans; the Work Order; and Construction Changes and Change Orders that are required to complete the construction of the Project in an acceptable manner including authorized time extensions thereof; all of which constitute one instrument. Contract Payment and Performance Bond. The approved form of security, executed by the Contractor and its Suret y or Sureties, guaranteeing 101.03 6 complete execution of the Contract and all Change Orders, and the payment of all legal debts pertaining to the performance of the Work. Contract Time. The number of working days or calendar da ys allowed for completion of the Contract or an item(s) of work, or the number of calendar days between the time of starting as determined by the Work Order, and the Completion Date including all authorized time extensions. Contractor. The individual, firm, partnership, limited liability company, corporation, joint venture, or other business entity contracting with the Department for performance of the Work. Controlling Activity of Work . Any portion of the Work, a change in which would cause an adverse impact to the critical path schedule. Critical Path. The sequence and duration of activities of work that control the duration of the Project. Critical Path Method (CPM) . A process for defining the time -frame required and relationship (logic ties) between critical and non -critical activities associated with construction pr ojects and their completion dates. Department. The Department of Transportation of the State of Tennessee. Detour. A temporary rerouting of road users onto an existing highway in order to avoid a temporary traffic control zone. Disadvantaged Business Enterprise (DBE). A for-profit small business concern that is at least 51% owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which at least 51% of the stock is owned by one or more such individuals, and whose management and daily business operations are controlled by one or more of the socially and economically disa dvantaged individuals who own it. Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, and Subcontinent Asian Americans, as defined in 49 -CFR Section 26.5, women, and any additional groups whose members are designated as sociall y and economically disadvantaged by the U.S. Small Business Administration are rebuttably presumed to be socially and economically disadvantaged. Other individuals may also qualify as socially and economically disadvantaged on a case -by-case basis. Engineer. The Chief Engineer of the Department of Transportation or a duly authorized assistant or representative. 101.03 7 Equipment . All machinery, apparatus, and tools necessary for the proper construction a nd acceptable completion of the Project, plus the necessary repair parts, tools, and supplies for upkeep and maintenance. Extra Work. An item of work not provided for in the Contract as awarded but found essential to the s atisfactory completion of the Contract within its intended scope. Force Account. A method of payment for Extra Work when a Change Order is not arrived at between the Engineer and the Contractor. Highway, Road, and Street. Each of these words is a general term denoting a public way for the purpose of vehicular travel including the entire area within the right -of-way. Holidays. Holidays recognized by the State of Tennessee occur as follows: New Year’s Day ................................ ................................ January 1 Martin Luther King Day ........................... Third Monday in January Presidents’ Day ................................ ....... Third Monday in February Good Friday ................................ ...................... Friday before Easter Memorial Day ................................ .................. Last Monday in May Independence Day ................................ ................................ .. July 4 Labor Day ................................ .............. First Monday in September Columbus Day ................................ ...... Second Monday in October Veterans Day ................................ .............................. November 11 Thanksgiving Day ............................. Fourth Thursday in November Christmas Day ................................ ............................. December 25 All days appointed by the Governor of this State , or by the President of the United States, as days of fasting or thanksgiving. Plan notes precluding restrictions to traffic on holiday weekends, unless specifically noted otherwise, do not apply to weekends associated with Martin Luther King Day, Preside nts’ Day, Columbus Day, and Veterans Day. Inspector. The authorized representative of the Engineer assigned to make detailed inspections of materials and Contract performance. Instructions to Bidders. Instructions included in the document entitled “Instructions to Bidders,” which give informatio n to the bidder with regard to preparing the Proposal Guaranty and the Letter of Credit where applicable. It also covers submission or de livery of the Proposal to the Department. 101.03 8 Item (Contract Item, Pay Item , or Bid Item ). A specifically described unit of work for which a price is provided in the Contract. Laboratory. The official testing laboratories of the Department or such other laboratories as may be designated or approved by the Engineer, acting only within the scope of the duties assigned to them individually. Letter of Credit . A contractual promise to honor drafts presented for funds upon compliance with the terms and conditions specified. The Department shall have the authority to approve the issuer and prescribe said terms and conditions. Major and Minor Items . Major Items will be determined as follows:
1.Any original Contract Item having a value of 15% or more of the original Contract amount, based on the original estimated quantity, shall be a Major Item.
2.The accumulation o f the least number of individual items that total at least 40% of the original Contract amount also shall be Major Items. The items shall be totaled sequentially starting with the largest item (based on original prices and quantities). Any items that do n ot meet 1 or 2 above are Minor Items. Materials. Any substance specified to be furnished or proposed for use in the construction of the Project and its appurtenances. Notice to Contractors. A notice to Contractors and other interested parties of proposed construction to be bid giving the date the bids are to be received and the location and general description of the Work to be performed. Pavement Structures. The combination of base course and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed. Plans. The approved plans, profiles, cross -sections, standard roadway and structure drawings, working drawings and supplemental drawings, or exact reproductions thereof, which show the location, character, dimensions, and details of the construction to be performed under the Contract. 101.03 9 Prequalification. The procedure established and administered by the Department by virtue of which prospective bidders are required to establish their responsibility and qualifications in advance of submission of Proposals. Project. The specific improvement, together with all appurtenances, to be constructed under the Contract. Proposal. The offer of a bidder, on the prescribed form, to perform the Work at the prices quoted. Proposal Form. The approved form on which the Department requires that Proposals be prepared and submitted for the performance of the Work. Proposal Guaranty. The security furnished with a Proposal to guarantee that the bidder will enter into a Contract if the bidder’s Proposal is accepted and the Contract is awarded to it. Qualified Products List (QPL). A listing of products that h ave been tested or analyzed by the Department and have been approved for use on the Department’s road construction projects. Right-of-Way. A general term denoting land, property, or interest therein, usually in a strip, a cquired for or devoted to a highway and its appurtenant structures. Roadbed. The graded portion of a highway prepared as a foundation for the pavement structure and shoulders. Roadside. A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside. Roadside Development. Those items necessary to the compl ete highway that provide for the 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 and other improvements as may increase the effectiveness and enhance the appearance of the highway. Roadway . The portion of a highway within limits of construction. 101.03 10 Shoulder . The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles for emergency use, and for lateral support of base and surface courses. Special Provisions . Provisions inserted into a contract revising the Standard or Supplemental Specifications, and covering conditions unique to the individual project. Specialty Item . Work items identified in the contract that are not bid but are normally associate d with highway construction and require highly specialized knowledge, abilities, craftsmanship, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract in general . These items are to be limited to minor components of the overall contract. Specifications . A general term applied to all directions, provisions, and requirements pertaining to the performance of the Work. Standard Specifications . The Tennessee Department of Transportation Standard Specifications for Road and Bridge Construction and its revisions effective on the Contract execution date. State. The State of Ten nessee. Subcontractor . Any individual, firm, partnership, limited liability company, corporation , joint venture, or other business entity to whom the Contractor or any Subcontractor, regardless of tier, sublets any part of the Work under the Contract. Subgrade . The top surface of a roadbed upon which the pavement structure and shoulders are constructed. Substructure . That part of the structure below the bea rings 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 represent ative in responsible charge of the Work. Superstructure . The entire structure except the substructure. 101.03 11 Supplemental Specifications . Approved additions and revisions to the Standard Specifications. Surety. A company authorized to guarantee a bidder’s proposal and a contractor’s performance and payment obligations under a contract, which is authorized to d o business in the State of Tennessee and is listed on the United States Department of the Treasury Financial Management Service list of approved bonding companies. Work. The furnishing of all labor, materials, equipment, and inc identals necessary for the satisfactory completion of the Project, including the carrying out of all duties and obligations imposed by the Contract. Working Day . A calendar day, exclusive of Saturdays, Sundays, and Holidays, on which w eather or other conditions not under the control of the Contractor will allow construction operations to proceed for at least 5 hours of the day with the normal working force engaged in performing the Work, which are normal to progress at the time, as dete rmined by the Engineer. Working Drawings . Stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, or any other suppl ementary plans or similar data that the Contractor is required to submit to the Engineer for approval. Work Order . Written notice to the Contractor to proceed with the Work under the Contract, including, when applicable, the date of begin ning of Contract Time. 102.01 12 SECTION 102 – BIDDING REQUIREMENTS AND CONDITIONS
102.01 Prequalification Questionnaire and Competency of Bidders ......... 12
102.02 Contents of Proposal Forms ................................ ........................... 12
102.03 Interpretation of Quantities in Bid Schedule ................................ .. 13
102.04 Examination of the Site, the Work, the Plans, the Permits, and
the Specifications ................................ ................................ ........... 13
102.05 Preparation of Proposals ................................ ................................ 14
102.06 Delivery of Proposals ................................ ................................ ..... 15
102.07 Withdrawal of Proposal ................................ ................................ .. 15
102.08 Public Opening of Proposals ................................ .......................... 15
102.09 Rejection of Proposals ................................ ................................ .... 16
102.10 Proposal Guaranty ................................ ................................ .......... 17
102.11 Licensing of Bidders ................................ ................................ ...... 17
102.01 Prequalification Questionnaire and Competency of Bidders
Each prospective bidder and subcontractor must file a “Prequalification Questionnaire” and be prequalified by and in good standing with the Department according to Rules of the Tennessee Department of Transportation, Chapter 1680 -05-03, Prequalification of Contractors. Good standing means that the bidder or subcontractor is currently pre -qualified and not subject to any temporary disqualification according to Chapter 1680 -05- 03, Prequalification of Contractors, and not subject to suspension, debarment, or voluntary excl usion according to Rules of the Tennessee Department of Transportation, Chapter 1680 -05-01, Contractor Debarment and Suspension. Notify the Department if there is any subsequent change in the name, organization, or contact information provided. The Depart ment will determine prequalification status and reserves the right to refuse bid authorization or subcontractor approval based on the factors listed in Chapter 1680 -05-03.07.
102.02 Contents of Proposal Forms
Upon request, the Departm ent will furnish the bidder an electronic proposal form containing an “Instructions to Bidders” form, Supplemental Specifications, Special Provisions, and Proposal Guaranty form. The
Source: Tennessee Standard Specifications for Road and Bridge Construction, 2021 Edition. Pages 11–20 of 1,072.