Effective with the December 2018 Letting 2 2019 Standard Specif ications Section 101 General Information, Definitions, and Terms
101.1 General
1.The department defines the contractor and department responsib ilities within the contract documents in one of the following ways: 1. Taken in context, the contract language makes the responsible party clear. 2. Direct commands written to t he contractor in the active voi ce-imperative mood. 3. Using "shall" to indicate contractor responsibility and "wi ll" to indicate department responsibility. For example, "Aggregates shall be st ored in stockpiles" or "Samplin g and testing will be according to the following AASHTO methods."
2.If the contractor thinks the re sponsibility fo r an action unde r the contract is unclear or given to the wrong party, the contractor sha ll seek clarification from the d epartment.
3.These standard specifications for highway and structure constr uction are written to the bidder before award of the contract and to the contractor after award of the contract. The sentences directing the contractor to perform work are wr itten in the active voice-impe rative mood. These contractor directions are written as comma nds. For example, a requirement to provide cold-weather protection would be expressed as, "Provide cold-weather protection for concrete," rather than "The contractor shall provide cold-weather protection for co ncrete. In the imperative mood, t he subject "the bidder" or "the contractor" is understood.
4.Requirements to be performed by others are written in the acti ve voice. Sentences written in the active voice identify the party respons ible for performing the action. For example, "The engineer will determine the density of the compacted material." Certain requi rements of the contractor may also be written in the active voice, rat her than the active voice-imperative mood, if the sentence includes requirements for others in additi on to the contractor. For exam ple, a sentence that involves action by both the contractor and the engin eer would be expressed, "After the contractor provides initial written notice, the engineer will revise t he contract as specified in 1 04.2."
5.Sentences that define terms, de scribe a product or desired res ult, or describe a condition that may exist are written in neither the active voice nor the imperativ e mood. These types of sentences that describe a condition use verbs re quiring no action. For example , "The characteristics of the soils actually encountered in the s ubgrade may affect the quality of cement and depth of treatment necessary."
6.The document contains the following components identified by n umber and organized in a hierarchy as follows: 1. Parts, for example "Earthwork" referred to as: part 2. 2. Sections, for example "Biddi ng Requirements and Conditions" referred to as: 102. 3. Subsections, potentially containing subordinate subsections , for example "Issuing Bidding Proposals" referred to as: 102.3 or "Genera l" referred to as: 102.3.1. 4. Paragraphs, for example parag raph one of 102. 3.2 referred t o as: 102.3.2(1). 5. Numbered items, for example item 1 of 102.3.2 (1) referred t o as: item one of 102.3.2(1).
7.In addition to identifying numbers; parts, sections, and subse ctions have descriptive titles. These titles provide reference only, not int erpretation. If a subsection con tains a subordinate subsection entitled "General," the provisions of t hat general subsection apply to all subsections in the parent subsection.
8.Bid item names are capitalized, as are proper names and acrony ms. Capitalization of other words not beginning a sentence is avoided.
101.2 References and Acronyms
1.References made within these sp ecifications use the convention s specified in paragraph 6 of subsection 101.1. For example, 101.1(6) is used to make the ref erence in the previous sentence. References to parts or sections i nclude the words "part" or "se ction," references to subsections or paragraphs use only the identifying numbers, and references to numbered items use the words "item number ___ of " and the identifyi ng paragraph number. Occasiona lly a subsection will contain a reference to itself to avoid pos sible confusio n due to the nest ing of subsections. Imprecise references like: "in this subsection," "above, " "below," "elsewhere in the contract," etc., are eliminated.
2.Unless specified by year or dat e, cited publications refer to the most recent issue, including interim publications, in effect on the bid closing date.
3.The department identifies acronyms used throughout the contrac t here in 101.2. The department may also identify acronyms, used in a more limited scope, within in dividual parts of the contract. Interpret acronyms used throughou t the contract as follows: Effective with the December 2018 Letting 3 2019 Standard Specif ications AASHTO American Association of State Highway and Transportation Offic ials ACI American Concrete Institute AISI American Iron and Steel Institute APL Department's appr oved products list ANSI American Nati onal Standards In stitute, Inc. ASTM American Society for Testing and Materials ATMS Advanced Traffic Management Systems ATSSA American Traffic Safety Services Association AWPA American Wood Prote ction Association AWG American Wire Gauge AWS American Welding Society AWWA American Water Works Association CMM The department's Constructi on and Materials Manual CRSI Concrete Reinforcing Steel Institute EBS Excavation below subgrade ECIP Erosion Control Im plementation Plan EIA/TIA Electronic Industry Associatio n/Telecommunications Industry Association EPA United States Environmental Protection Agency FHWA Federal Highway Administration FOA Fiber Optic Association FTMS Freeway Traffic Management System HTCP The department's Highway Techni cian Certification Program ACT An HTCP assistant certified technician IES Illuminating Engineering Society IPCEA-NEMA Insulated Power Cable Engineer's Association - National Electr ical Manufacturer's Association IPS Iron Pipe Size ITE Institute of Transportation Engineers ITS Intelligent Transportation Systems MASH Manual for Assessing Safety Hardware MIL Militar y Sp ecification WMUTCD The Wisconsin Manual on Uniform Traffic Control Devices for Streets and Highways NACE National Association of Corrosion Engineers NIST National Institute of Standards and Technology NCHRP National Cooperative Highway Research Program NEC National Electrical Code NEMA National Electrical Manufacturers Association NRTL National Recognized Testing Laboratory NTPEP AASHTO’s National Transportati on Product Evaluation Program OSHA Occupational Safety and Health Administration PAL Department's erosion control product acceptability list. QMP Quality management program QC Quality control QV Quality verification IA Independent assurance QPL Department's electrica l qualified product list SAE Society of Automotive Engineers SI International System of Units SSPC Steel Structures Painting Council UL Underwriters Laboratory USACE United States Army Corps of Engineers Effective with the December 2018 Letting 4 2019 Standard Specif ications WDNR Wisconsin Department of Natural Resources WEC Wisconsin Electrical Code WSEC Wisconsin State Electrical Co de, consisting of chapter SPS 316 of the Wisconsin administrative code combined with the NEC.
101.3 Definitions
1.The department defines terms us ed throughout the contract here in 101.3. The department may define, or redefine, terms within individual parts of the contr act if using those terms in a more limited scope. Interpret these terms, use d throughout the contract, as follows: Addenda Revisions to the plans or the proposal form developed before opening of proposals. Adjustment A modification in the contract p rice or contract time as speci fied in
108.10 or 109.4 .
Adverse weather day For calendar day or completion date contracts, a day the contr actor is scheduled to work when weather, or job conditions caused by recent weather, cause the contractor to lose 4 or more hours of work on the controlling item. Advertisement See also notice to contractors Affiliated Having a relationship where o ne business concern or individual directly or indirectly controls or can control the others. Auxiliary lane The portion of the roadway adjoining the traveled way for park ing, change of speed, or for other pur poses supplementary to through traffic movement. Award The department’s acceptance of a bid. Base The layer or layers of specified or selected material of desig ned thickness placed on a subbase or subgrade to support a surface course. Bid See proposal Bidder An individual, partnership, joi nt venture, corporation, limite d liability company, limited liability partnership, or a combination of any or all jointly, submitting a proposal (bid) for the work advertised in the invitation for bids, acting directly or through a duly authoriz ed representative. Bidding proposal The department-approved form the department requires bids to b e prepared and submitted for the wo rk on. The bidding proposal is further described in 102.2 . Bridge A structure having a span of more than 20 feet from face to fa ce of abutments or end bents, measured along the centerline of the roadway, spanning a water course or other opening or obstructio n, such as a highway or railroad , including the substructure, superstructure, and trestle work approaches. Bureau The department's bureau of pro ject developm ent. Language specifically identifies other department bureaus. Business day Every day the calendar shows, except Saturdays, Sundays, and department-specified holidays. Calendar day Every day the calendar shows, including Saturdays, Sundays, an d department-specified holidays. Certificate of compliance A document, provided by a manuf acturer, producer, or supplier of a product, stating that the product as furnished to the contracto r complies with the pertinent spec ifications and contract require ments. Certified report of test or analysis A certified test report, provided by a manufacturer, producer, or supplier of a product, indicatin g that actual results of tests or analyses comply with the el ements of the specification requirements. Completion date The calendar date shown in the pr oposal on or before which the work contemplated under the contract shall be completed. Construction limits The limits of grading or other w ork generally defined by slope stakes offset from the actual slope intercepts or limit s of the work. Consulting firm The individual, partnership, joi nt ventures, corporation, or a gency contracted by the department to a ct directly or as a duly autho rized construction representative pr oviding services for the departme nt. Effective with the December 2018 Letting 5 2019 Standard Specif ications Contract The written agreement between t he department and the contracto r setting forth the obligations o f the parties to the contract, i ncluding, but not limited to, performance of the work, furnishing of labo r and materials, and bas is of payment. The contract includes the notic e to contractors, proposal, cont ract form, contract bond, standard spec ifications, special provision s, addenda, general plans, detailed plans, notice to proceed, and contract change orders and agr eements required to complete the construction of the work in an acceptable manner, including authorized extensions, all of which constitute one instrument. Contract bond The department-approved form of security, executed by the contractor and the contractor’s surety or sureties, guaranteeing the performance of the contract work, completion of the contract requirements, and the payment of c laims as provided in 779.14 o f the Wisconsin statutes. http://docs.legis.wi.gov/s tatutes/statutes/779 Contract change order A written order or authorization the engineer executes coverin g work not otherwise provided for in t he contract, revisions in or amendments to the contract, or c onditions specifically prescrib ed in the specifications a s requiring contract change orders. The cha nge order document becomes a part of t he contract wh en executed by the department. Contract modification Any change to the contract made after it is executed, includin g but not limited to, the following: - A contract change order. - An administrative chan ge adding a non-bid item. - A general administrative change. Contract revision See: contract modification Contract time The number of calendar or worki ng days shown in the proposal representing the time allowed fo r the completion of the work contemplated in the contract. Contractor The individual, partnership, joi nt venture, corporation, limit ed liability company, limited liability partnership, or agency undertaking t he performance of the work under t he terms of the contract and act ing directly or through a duly a uthorized representative. Controlling item of work An activity on the project schedule, that if delayed, delays completion of the project. Culvert A structure not classified as a bridge that provides an openin g under a roadway. Department The Wisconsin Department of Transportation. Detour An existing, permanent road desi gnated as a temporary route to carry vehicular traffic around a section of a highway closed to through traffic. Divided highway A highway with separate roadways for traffic in opposite directions. Division administrator The administrator of the department of transportation, divisio n of transportation system development. Engineer The secretary of t he department of transpor tation or the secre tary’s authorized representativ e limited by the part icular duties assi gned to the representative. Equipment Machinery and articles necessa ry for the proper construction a nd acceptable completion of the wo rk. This includes the supplies, tools, and apparatus for upkeep and ma intenanc e of the equipment. Erosion control imp l ementation plan The erosion control implementat ion plan, or ECIP, as required under Trans 401 of the Wisconsin administrative code. Extra work All work performed by the contractor, with approval of the engineer, that does not appear in the propos al or contract as a specific bid item accompanied by a unit price , and that is not included unde r the price bid for other bid items in the contract. Extra work may a lso consist of additions to, or changes in, design of contract bid items or portions of contract bid items, if additions are wholly disassociated from or outside the scope of work in the contract, and if the w ork caused by these additions or changes must be performed under Effective with the December 2018 Letting 6 2019 Standard Specif ications conditions or in a m anner materially different from the conditi ons and manner existent for contract bid items under the original scope of work. Force account A method of payment based on the cost of labor, equipment, materials furnished, and consider ation for overhead and profit as specified in 109.4.5. Frontage road or street A local road or street auxilia ry to and located along the side of an arterial highway for service to abutting property and adjoining areas and for control of access. Government entity Any unit of federal, s tate, county, municip al, or town governm ent, including all entities described in the definition of “municipa lity” in 16.70(8) of the Wisconsin statute s. Where a project is construc ted across state boundaries, it incl udes those same entities from t he adjoining state or states. http://docs.legis.wi.gov /statutes/statutes/16 Hazardous substance A substance or combination of s ubstances, including waste of a solid, semisolid, liquid, or gas eous form, that may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating, reversible illness, or that may pose a substantial present or pot ential hazard to human health or the environment. Highway separation A structure carrying highway traffic over or under another hig hway or street. Highway, street, or road A public way for the purpose of vehicular travel, including th e entire area within the right-of-way. Holidays The following days are department-specified holidays for use i n determination of working days: New Year’s day Thanksgiving day Martin Luther King Jr. day Christmas Eve day Memorial day Christmas day Independence day New Year’s Eve day Labor day Inspector The authorized representative o f the engineer assigned to insp ect the work or materials. Interchange A highway separation with access connections between the highways. Laboratory The materials testing labora tory of the department or other te sting laboratory the engineer designates. Local road or street A street or road used primarily for access to residences, businesses, or other abutti ng property. Local traffic Passage of vehicles, people, and goods originating within, or having a destination on, the portion of the highway closed to through traffic as specified in the contract. Major and minor bid items A major bid item is a bid ite m whose total cost, determined by multiplying the bidding schedule quantity and the contract unit price, is equal to or greater than eith er 5 percent of the total amoun t of the original contract or $400,000. Other bid items are minor bid items. A minor bid item, when its quantity is increased, becomes a major bid item if it meets eit her of the criteria for a major item. Materially unbalanced bid A bid that generates a reasonable doubt that award to the bidd er submitting a mathematically unbalanced bid will result in the l owest ultimate cost to the department. Mathematically unbalanced bid A bid containing lump sum or unit price bid items that do not reflect reasonable anticipat ed actual costs of labor , equipment, materi als, plus a reasonable pr oportionate share of t he bidder’s anticipat ed profit, overhead costs, and other indirect costs. Materials Substances specified for use in the construction of the work. See also: new material, reclaim ed asphalt, recov ered material, recycled material, and special waste. Median The portion of a divided highway separating the traveled ways for traffic in opposite directions. Effective with the December 2018 Letting 7 2019 Standard Specif ications New material Material not used for another pur pose before incorporation int o the work. Notice to contractors The advertisement for proposals fo r work or materials on which bids are required. The advertisement w ill indicate with reasonable accuracy the quantity and locati on of the work to be done, or t he character and quantity of the ma terial to be fu rnished, and the time and place of submitting and opening the proposals. Notice to proceed A written notice from the engi neer to the contractor of the ti me period within which the prosecut ion of the work shall begin. Pavement structure The combination of subbase, bas e, and surface course placed on a subgrade to support the traffic l oad and distribut e it to the r oadbed. Plans The department-approved plans, pro files, typical cross-section s, working drawings, and supplement al drawings that show the location, character, dimensions, and details of the work to be done. Plant names and labels The plant names and labels us ed in the nomenclature references listed in the current edition o f the American Standard for Nurs ery Stock. Project The designated physical area t ogether with impr ovements to be constructed under the contract. Project engineer The authorized representative of the engineer having direct supervision of the administr ation of the contract. Proposal The written offer of the bidder , submitted on the prescribed proposal form, to perform the work at the prices quoted by the bidder; a lso commonly known as the "bid." Proposal guaranty The security furnished with a b id to guarantee that the bidder will enter into the contract if the bid is accepted. Quality management program The department's specifications defining both department and contractor responsibilities for assuring quality construction. The specifications provide for the following: Quality control Required contractor sampling and testing the department uses to determine specif ication conformance. Quality ve rification Department sampling and test ing the department uses to validate the quality of the final product. Independent assurance Activities the department use s to evaluate the QC and QV sampling and testing procedures. Dispute resolution Procedures the department uses to resolve disputes over conflicting test results for nonconforming work. Reclaimed asphalt A recovered material from exist ing asphaltic pavement or surface. Recovered material A product recovered from solid waste in a form identical to th e original form, for a u se that is the same o r similar to the ori ginal use. Recycled material A product manufactured from previously-used products. Region The department's transportation region office. Review panel The department's claims review panel. Responsible bidder A bidder determined by the department to possess the ability t o perform the contract work and complete the contract requirement s. Right-of-way Land, property, or interest in land or property acquired for o r devoted to transportation purposes. Roadbed The graded portion of a highway, within top slopes and side sl opes, prepared as a foundation for the pavement structure and shoulde rs. Roadside The area adjoining the outer edge of the roadway. Areas betwee n the roadways of a divided highway may also be considered roadside. Roadway The portion of a highway within the limits of construction. A divided highway has 2 or more roadways. Roadway foundation The area underlying the proposed roadway within the limits of assumed one-to-one slopes extending outward and downward from the subgrade shou lder points. Schedule of items The prepared schedule, includ ed as a part of the proposal form , containing the estimated quanti ties of the pay items for which unit bid prices are invited. Effective with the December 2018 Letting 8 2019 Standard Specif ications Secretary The secretary of the Wisconsin Department of Transportation. Semi-final estimate An estimate indicating the eng ineer has measured and reported all contract quantities and materials requirements. SI metric The International System o f Units for metric measure. Shoulders The portions of the roadway cont iguous with the traveled way f or accommodation of stopped vehicles, emergency use, and lateral support of base and surface courses. Shop drawings Stress sheets, working drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforc ing steel, or other supplementary pl ans, computations, or similar d ata that the contractor is required to subm it to the engineer. Sidewalk The portion of the roadway constructed primarily for the use of pedestrians. Special provisions Written directions and requir ements applicable to a specific project and not otherwise thoroughly or satisfactorily detailed or prescribed in the standard specif ications or supplemental specifications. Special waste Solid waste characterized for beneficial use in public works p rojects by the WDNR under section 895.58 of the Wisconsin statutes. http://docs.legis.wi.gov/s tatutes/statutes/895 Specifications Written directions, provisions, and requirements contained in the standard specifications or special provisions, together with wr itten agreements and document s referenced in the contract, pertaining to the method or manner of performi ng the work, the quantities of work, and the quality of materials to be furnished under the contract ; as made part of the contract and cont ained in or referenced in the proposal. See also: special provisions a nd standard spec ifications. Stabilization Modification of soils or aggrega tes by incorporating materials that will increase load bear ing capacity, firmne ss, and resistance t o weathering or displacement. Standard specifications Written directions and requir ements approved for general appli cation and repetitive use as c ontained herein for highway and structures construction and for administration of the contract. State The state of Wisconsin. Subbase The layer or layers of specified or selected material of desig ned thickness placed on a subgrade to support base. Subcontractor The individual, partnership, c orporation, limited liability co mpany, or joint venture to which the cont ractor, with the department’s wr itten consent, sublets part of the contract. Subgrade The top surface of a roadbed upon which the pavement structure and shoulders are constructed. Substructure All of the bridge below the bri dge seats or below the tops of the caps of piling or framed trestles, including the wing walls, backwal ls, and parapets of abutments. Superintendent The contractor’s authorized representative in responsible char ge of the work. Superstructure All of the bridge abov e the bridge seats or above the tops of caps of piling or framed trestles, including flooring, but excluding wi ng walls, backwalls, and parapets of abutments. Surety The company executing a cont ract bond with the contractor. Surface course One or more layers of a pavemen t structure, the top layer of w hich resists skidding, traffic abrasion, and the disi ntegrating effe cts of climate. Traffic lane The portion of a traveled way for the movement o f a single lin e of vehicles. Traveled way The portion of the roadway for the movement of vehicles, exclu sive of shoulders and auxiliary lanes. Unacceptable work Work that does not conform to t he contract and results in a product that is insufficient to fulfill the needs of the project. Unbalanced bid See: materially unbalanced bid and mathematically unbalanced b id Effective with the December 2018 Letting 9 2019 Standard Specif ications US standard The US standard measure system of units for english measure. Work The furnishing of all labor, materials, equipment, and inciden tals and the performing of all tasks needed to complete the project or a specific part of the project as specified in th e contract, together with fulfillment of all associated obligations and duties required u nder the contract. Working day A calendar day, except Saturdays, Sundays, department-specifie d holidays, and the period from Nov ember 16 to March 31, both dat es inclusive, on which weather or o ther conditions not under the c ontrol of the contractor will allow co nstruction operations to proceed for at least 8 hours of the day with the normal working force engaged in performing the controlling item of work which would be in progr ess at this time. Effective with the December 2018 Letting 10 2019 Standard Speci fications Section 102 Bidding Requirements and Conditions
102.1 Prequalifying Bidders
1.The department will provide, upon request, information regardi ng departmental policy and procedures for prequalification of a bidder.
2.Furnish a dated prequalificati on statement on the department's form at least 10 business days before the time set for opening proposals.
3.The prequalification statemen t establishes proof of the prospe ctive bidder's competency and responsibility to perform work . The department will evaluate each prospective bidder based on verified information in the prequalification statement and on other relevant information the department may have. The department will assign ra tings, honoring all limitati ons requested by the bidder, as provided in the departmental policy. The department will maintain the bi dder's ratings for a period of time provided in the departmental policy.
4.The department will indicate, in the notice to c ontractors, if a contract does not require prequalification.
102.2 Bidding Proposal Content
1.The bidding proposal is the department-required form the prosp ective bidder must use to prepare and submit bids for the work. The department will provide the biddi ng proposal that includes: 1. The name and bidder identification numb er of the prospectiv e bidder. 2. Location and description of the project. 3. Estimate of quantities and type of work to be performed or materials to be furnished. 4. Time to complete the work. 5. Amount of the proposal guaranty. 6. Department's deadline for re ceiving completed proposals. 7. Schedule of items. 8. Contract requirements not c ontained in the standard specifi cations. 9. Special provisions.
2.Documents bound with or attached to the bidding proposal are a part of the proposal. Do not detach or alter bound documents when submi tting the proposal. The plans, standard specifications, and other documents designated in the bi dding proposal are a part of the proposal, whether attached or not, and need not be returned when the proposal is submitted.
102.3 Issuing Bidding Proposals
102.3.1 General
1.The department will provide, upon request, information regardi ng departmental policy and procedures for obtaining bidding information, submitting a bid, obtaining sample proposal forms, and purchasing plans.
2.To obtain the bidding proposal, the prospective bidder shall p requalify as specified in 102.1 unless the department indicates in the notic e to contractors that prequali fication will not be required. Submit a written request for a bidding p roposal on the department's requ est for proposal form.
102.3.2 Department May Not Issue
1.The department may refuse to issue bidding proposals to a pros pective bidder for one or more of the following reasons: 1. The department's estimate of the cost of the proposal, toge ther with the value of the prospective bidder's uncompleted contract work, exceeds the prospective bidder's est ablished ratings, as determined in 102.1, at the time set for receiving proposals. 2. The prospective bidder has w ork under way or has performed work not up to the proper standard of progress or quality. T he prospective bidder may request, in wri ting, that the department review its refusal to issue a bidding proposal as provided in the department's pre qualification policy. 3. The award of additional work, in the department's opinion, would preclude the satisf actory performance of the additional work or work alr eady under way. The prospective bidder may request, in writing, that the department review its refusal to issue a bidding proposal as pr ovided in the department 's prequalification policy. 4. Any of the causes for disqua lification of a bidder specified in 102.13.2 .
102.3.3 Department Will Not Issue
1.The department will refuse to iss ue bidding proposals to 2 or more prospective bidders on the same contract who are affiliated with e ach other, or for one or more of the following reasons:
Referenced in this section
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Source: Wisconsin Standard Specifications for Highway and Structure Construction, 2019 Edition. Pages 11–18 of 601. View official source ↗