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Standard Specificationsfor

Road and BridgeConstruction

Prepared by

NORTH DAKOTA DEPARTMENT OF TRANSPORTATIONBISMARCK, NORTH DAKOTA

www.dot.nd.gov

DIRECTORFrancis G. Ziegler, P.E.

DEPUTY DIRECTOR FOR ENGINEERINGGrant Levi, P.E.

Adopted October 2008

Volume 1 of 2

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NOTICE OF DISCLAIMER

Working titles having a masculine gender, such as workman, workmen, and foreman,andpronounssuchashe,his,andhimareutilizedintheseSpecificationsforthesakeofbrevity and are intended to refer to persons of either sex.

The North Dakota Department of Transportation (Department) makes the Road andBridge Construction Specifications available on an as is basis as a public service.

Under no circumstance does the Department warrant or certify the information to befree of errors or deficiencies of any kind. The Department specifically disclaims allwarranties, expressed or implied, including, but not limited to, the warranties of mer-chantability and fitness for a particular purpose.

The use of any of this information for work which is under contract with the Depart-ment, does not relieve the user from any obligations assumed by the contract, or fromcomplete and proper fulfillmentof theterms of thecontract, nordoes it entitle theuser

to compensation for damages or loss which could be attributed to such use.

Theinformation is subject to changeby theDepartment.Anyone relying on this infor-mationshould satisfy himself/herselfas to themostcurrent version. Theuser agreestoacceptall risks andconsequenceflowingformor related to theuse,retention, distribu-tion, alteration, or deletion of this information. The Department will in no instance beliable for any loss of profit or other damage, including, but not limited to, special, in-cidental, consequential, or other damages, even if apprised of the likelihood of suchdamages.

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TABLE OF CONTENTS

Section Page

SECTION 100 -- GENERAL PROVISIONS

100 Outline 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 Abbreviations and Definitions 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 Bidding Requirements and Conditions 18. . . . . . . . . . . . . . . . . . . . . . .103 Award and Execution of Contract 26. . . . . . . . . . . . . . . . . . . . . . . . . . .104 Scope of Work 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105 Control of Work 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106 Control of Material 48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107 Legal Relations and Responsibilities 54. . . . . . . . . . . . . . . . . . . . . . . .108 Prosecution and Progress 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109 Measurement and Payment 79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110 Environmental Protection 88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION 150 -- EQUIPMENT

150 Outline 95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .151 General Equipment 99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .152 Hot Bituminous Equipment 111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .153 Portland Cement Concrete Equipment 114. . . . . . . . . . . . . . . . . . . . . . .

SECTION 200 -- EARTHWORK

200 Outline 127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .201 Clearing and Grubbing 131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .202 Removal of Structures, Obstructions,

Surfacing, and Miscellaneous Items 133. . . . . . . . . . . . . . . . . . . . . . . . .203 Excavation and Embankment 136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .210 Structural Excavation, Structural Fill, and Foundation Preparation 147.216 Water 150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .230 Reshaping Roadway and Subgrade Preparation 151. . . . . . . . . . . . . . . .234 Stabilized Subgrade 155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION 300 -- BASES

300 Outline 161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .302 Salvaged Base Course, Aggregate Base Course, or Aggregate Surface

Course 163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304 Permeable Stabilized Base Course 166. . . . . . . . . . . . . . . . . . . . . . . . . .306 Blended Base Course 169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION 400 -- BITUMINOUS PAVEMENTS

400 Outline 177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .401 Prime, Tack, or Fog Coat 183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .402 Cold Bituminous Pavement 185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .403 Stockpiled Hot Bituminous Mix 189. . . . . . . . . . . . . . . . . . . . . . . . . . . .405 Remove and Salvage Bituminous Pavement 191. . . . . . . . . . . . . . . . . . .

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407 Hot Recycled Bituminous Pavement 193. . . . . . . . . . . . . . . . . . . . . . . . .408 Hot Bituminous Pavement 202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .409 Hot Bituminous Pavement Quality Control/Quality Assurance 218. . . .410 Hot Bituminous Pavement Superpave Volumetric Mix Design 235. . . .411 Milling Pavement Surface 253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .420 Bituminous Seal Coat 255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION 500 -- RIGID PAVEMENT

500 Outline 263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .550 Portland Cement Concrete Pavement 267. . . . . . . . . . . . . . . . . . . . . . . .

560 Recycled Portland Cement Concrete Pavement 288. . . . . . . . . . . . . . . .570 Portland Cement Concrete Pavement Repair 291. . . . . . . . . . . . . . . . . .

SECTION 600 -- STRUCTURES

600 Outline 307. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .602 Concrete Structures 315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .604 Prestressed Concrete Beams 328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .606 Precast Reinforced Concrete Box Culverts 333. . . . . . . . . . . . . . . . . . . .612 Reinforcing Steel 336. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .616 Structural Steel 338. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .618 Timber Structures 350. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .622 Piling 354. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .624 Railings 364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

626 Cofferdams 365. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .630 Painting 366. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .638 Structural Plate Culverts 373. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .650 Repair and Overlay of Portland Cement Concrete Bridge Decks

With Low-Slump Concrete 374. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION 700 -- MISCELLANEOUS CONSTRUCTION

700 Outline 387. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702 Mobilization 399. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .704 Traffic Control 399. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .706 Field Laboratory 416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .708 Erosion Control 420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .709 Geotextile Fabrics 445. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

710 Temporary Bypass 448. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .714 Culverts, Storm Drains, Edge Drains, and Underdrains 449. . . . . . . . . .720 Monuments and Right of Way Markers 456. . . . . . . . . . . . . . . . . . . . . .722 Manholes, Catch Basins, and Inlets 458. . . . . . . . . . . . . . . . . . . . . . . . . .724 Water Mains, Water Lines, and Sewer Lines 461. . . . . . . . . . . . . . . . . . .740 Dampproofing and Fabric Waterproofing 466. . . . . . . . . . . . . . . . . . . . .744 Insulation Board (Polystyrene) 468. . . . . . . . . . . . . . . . . . . . . . . . . . . . .748 Curb and Gutter 469. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .750 Sidewalks and Driveways 472. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .752 Fencing -- Installation and Resetting 474. . . . . . . . . . . . . . . . . . . . . . . . .754 Highway Signs 477. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .762 Pavement Marking 490. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .764 Guardrail 506. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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766 Mailbox Assemblies 512. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .770 Highway Lighting See Vol. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .772 Highway Traffic Signals See Vol. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION 800 -- MATERIALS

800 Outline 517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .801 General Statement 529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .802 Portland Cement Concrete 529. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .804 Cement and Lime 537. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .806 Grouts and Mortar 537. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

808 Concrete Admixtures 538. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .810 Concrete Curing Materials 538. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .812 Water 539. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .816 Aggregates 539. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .817 Salvaged Base Course 545. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .818 Bituminous Materials 548. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .820 Fly Ash 553. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .822 Penetrating Water Repellent 554. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .824 Dampproofing and Waterproofing 555. . . . . . . . . . . . . . . . . . . . . . . . . .826 Joint Materials 556. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .830 Pipe 560. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .834 Structural Steel and Related Materials 562. . . . . . . . . . . . . . . . . . . . . . .836 Reinforcing Steel 567. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .840 Piling 569. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .844 Structural Timber, Lumber, and Hardware 570. . . . . . . . . . . . . . . . . . . .846 Preservatives and Pressure Treatment Processes for Timber 570. . . . . .848 Masonry Units and Brick 571. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .852 Paints, Oils, and Thinners 571. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .854 Galvanizing 571. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .856 Erosion Control Blanket and Turf Reinforcement Mat 572. . . . . . . . . . .858 Geotextile Fabrics 575. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .860 Fence 576. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .862 Guardrail and Posts 577. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .868 Insulation Board (Polystyrene) 581. . . . . . . . . . . . . . . . . . . . . . . . . . . . .880 Pavement Markings 581. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .894 Highway Signs and Posts 597. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .895 Highway Lighting See Vol. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .896 Highway Traffic Signals See Vol. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SECTION 100GENERAL PROVISIONS

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SECTION 101ABBREVIATIONS AND DEFINITIONS

101.01 ABBREVIATIONS

101.02 DEFINITIONS

SECTION 102BIDDING REQUIREMENTS AND CONDITIONS

102.01 PREQUALIFICATION OF BIDDERS

102.02 CONTRACTORS LICENSE

102.03 CONTENTS OF PROPOSAL FORMS

102.04 ISSUANCE OF PROPOSAL FORMS

102.05 INTERPRETATION OF QUANTITIES IN BID SCHEDULE

102.06 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVI-SIONS AND SITE OF WORK

102.07 PREPARATION OF PROPOSALS

102.08 IRREGULAR PROPOSALS

102.09 PROPOSAL GUARANTY

102.10 DELIVERY OF PROPOSALS

102.11 WITHDRAWAL OR REVISION OF PROPOSALS

102.12 PUBLIC OPENING OF PROPOSALS

102.13 DISQUALIFICATION OF BIDDERS

SECTION 103AWARD AND EXECUTION OF CONTRACT

103.01 CONSIDERATION OF PROPOSALS

103.02 AWARD OF CONTRACT

103.03 CANCELLATION OF AWARD

103.04 RETURN OF PROPOSAL GUARANTY

103.05 REQUIREMENT OF CONTRACT BOND

103.06 EXECUTION AND APPROVAL OF CONTRACT

103.07 FAILURE TO EXECUTE CONTRACT

103.08 ESCROW OF BID DOCUMENTATION

SECTION 104CONTRACT ADJUSTMENTS

104.01 INTENT OF CONTRACT

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104.02 SUBLETTING OF CONTRACT

104.03 ALTERATION AND CHANGE OF PLANS OR CHARACTER OFWORK

A. Significant Changes in the Character of WorkB. Increased or Decreased QuantitiesC. Eliminated Items

104.04 DIFFERING SITE CONDITIONS

104.05 ADDITIONAL COMPENSATION FOR SUSPENSION OR DELAY OFWORK

104.06 CLAIM FOR EXTRA COMPENSATIONA. Notice of Intent to File a ClaimB. Submission of the ClaimC. Departments Response to ClaimD. Conditions Precedent to Contractors Demand for Arbitration

104.07 CLAIMS AGAINST CONTRACTOR

104.08 VALUE ENGINEERING INCENTIVE

SECTION 105CONTROL OF WORK

105.01 GENERAL

105.02 CONTRACTOR REQUIREMENTS

105.03 COOPERATION WITH UTILITIES

105.04 COOPERATION BETWEEN CONTRACTORS

105.05 COORDINATION OF PLANS, STANDARD SPECIFICATIONS, SUP-PLEMENTAL SPECIFICATIONS, AND SPECIAL PROVISIONS

105.06 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT

105.07 CONFORMITY WITH PLANS AND SPECIFICATIONS

105.08 PLANS AND WORKING DRAWINGS

105.09 AUTHORITY OF THE ENGINEER105.10 CONSTRUCTION STAKING

105.11 DUTIES OF THE INSPECTOR

105.12 INSPECTION OF WORK

105.13 ACCEPTANCE

A. GeneralB. Opening to TrafficC. Partial AcceptanceD. Final Acceptance

105.14 NO WAIVER OF LEGAL RIGHTS

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105.15 FURNISHING RIGHT OF WAY

SECTION 106CONTROL OF MATERIAL

106.01 GENERAL METHODS OF MATERIAL ACCEPTANCE

106.02 LOCAL MINERAL AGGREGATE SOURCES

A. GeneralB. State-Optioned Deposits

C. State-Owned DepositsD. Private-Owned DepositsE. Aggregate Source Limitations

106.03 SAMPLES, TESTS, CITED SPECIFICATIONS

106.04 STORAGE OF MATERIALS

106.05 HANDLING MATERIALS

106.06 STOCKPILING AGGREGATE AND SALVAGED MATERIAL

106.07 RIGHTS IN AND USE OF MATERIAL FOUND IN THE WORK

106.08 DEPARTMENT FURNISHED MATERIAL

106.09 BUY AMERICAN PRODUCTS

106.10 CONVICT LABOR

106.11 QUALIFIED LABORATORIES AND TESTING PERSONNEL

SECTION 107LEGAL RELATIONS AND RESPONSIBILITIES

107.01 LAWS TO BE OBSERVED

107.02 PERMITS, LICENSES, AND TAXES

107.03 PATENTED DEVICES, MATERIALS, AND PROCESSES

107.04 HISTORICAL PRESERVATION RESPONSIBILITIES

107.05 RESPONSIBILITY TO THE PUBLIC A. Maintaining Traffic

1. General2. Special Bypasses3. Maintenance of Traffic During Suspension of Work4. Maintenance Directed by the Engineer5. Parking of Equipment, Vehicles, and Stored Materials6. Urban Work

B. Haul Roads1. General2. Designation of Haul Roads3. Pre-Haul Inspection4. Materials

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5. Use, Maintenance, and Restoration6. Method of Measurement7. Basis of Payment

C. Use of ExplosivesD. Protection and Restoration of the PropertyE. Responsibility for Damage ClaimsF. Personal Liability of Public Officials

107.06 RAILWAY HIGHWAY PROVISIONS

A. IndemnificationB. Railway ProtectionC. Railway Protection Insurance

1. General Liability2. Policy

D. Railway Public Liability InsuranceE. General Insurance RequirementsF. Basis of Payment

107.07 PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE

A. Insurance RequirementsB. General RequirementsC. Subcontractor

107.08 HAZARDOUS MATERIAL

107.09 CIVIL RIGHTS

107.10 INERT WASTE DISPOSAL

SECTION 108PROSECUTION AND PROGRESS

108.01 PROSECUTION AND PROGRESS

108.02 NOTICE TO PROCEED

108.03 LIMITATION OF OPERATIONS

108.04 DETERMINATION AND EXTENSION OF CONTRACT TIME

A. Contract TimeB. Working Day Contracts

C. Completion Date ContractsD. Increased WorkE. Delayed Delivery of MaterialsF. Other DelaysG. Request for Additional TimeH. Conversion of Working Day to Calendar DayI. Weekly Statement of Time ChargesJ. Failure to Complete on TimeK. Unsatisfactory ProgressL. Incentive/Disincentive Provisions

108.05 DEFAULT AND TERMINATION OF CONTRACT

108.06 TERMINATION OF CONTRACT

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SECTION 109MEASUREMENT AND PAYMENT

109.01 MEASUREMENT OF QUANTITIES

109.02 SCOPE OF PAYMENT

109.03 FREIGHT RATES

109.04 FORCE ACCOUNT

A. LaborB. Materials

C. EquipmentD. MiscellaneousE. SubcontractingF. Authority of EngineerG. Daily RecordsH. StatementsI. CompensationJ. Specialty WorkK. Payment

109.05 PARTIAL PAYMENT

A. Partial PaymentB. Prompt PaymentC. RetainageD. No Circumvention

109.06 PAYMENT FOR MATERIAL ON HAND

109.07 COMPENSATION FOR ALTERED QUANTITIES

109.08 ACCEPTANCE AND FINAL PAYMENT

109.09 CONVERSION TO METRIC SYSTEM

SECTION 110ENVIRONMENTAL PROTECTION

110.01 DESCRIPTION

110.02 MATERIALS

110.03 PRECONSTRUCTION CONFERENCE

110.04 STORM WATER PERMITS

110.05 OPERATIONAL CONTROLS

A. Work Areas

110.06 EROSION CONTROLS

110.07 METHOD OF MEASUREMENT AND PAYMENT

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101.01

SECTION 101ABBREVIATIONS AND DEFINITIONS

Wherever the following abbreviations or terms are used in these Specifications, thePlans, or other Contract documents, their meaning shall be as follows:

101.01 ABBREVIATIONS.

AAN American Association of Nurserymen AAR Association of American RailroadsAASHTO American Association of State Highway and Transportation Officials AC Asphaltic Cement ACI American Concrete Institute ADA Americans with Disabilities Act AGC Associated General Contractors of America AIA American Institute of Architects

AISI American Iron and Steel Institute ANSI American National Standards Institute, Inc. ARA American Railway Association 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 American Society for Testing and Materials ATSSA American Traffic Safety Services Association AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding SocietyBIA Bureau of Indian AffairsBMP Best Management PracticesCADD Computer-Aided Drafting DesignCARS Construction Automated Records SystemCOE Corps of EngineersCFR Code of Federal RegulationsCMC County Major CollectorCPM Critical Path MethodCRS County Rural SocietyCRSI Concrete Reinforcing Steel InstituteDBE Disadvantaged Business EnterpriseEEO Equal Employment OpportunityESAL Equivalent Single Axle LoadEPA Environmental Protection Agency

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101.01

FAA Federal Aviation AdministrationFHWA Federal Highway Administration, Department of TransportationFSS Federal Specifications and Standards, General Services AdministrationMUTCD Manual on Uniform Traffic Control DevicesNDCC North Dakota Century CodeNDDOT North Dakota Department of TransportationNEMA National Electric Manufacturers AssociationNEPA National Environmental Policy ActNHTSA National Highway Traffic Safety Administration

OSHA Occupational Safety and Health AdministrationPCA Portland Cement AssociationPCC Portland Cement ConcretePCI Prestressed Concrete InstitutePVC Polyvinylchloride -- PVC PipeQA Quality AssuranceQC Quality ControlSAE Society of Automotive EngineersSG Specific GravitySHPO State Historic Preservation OfficerSSPC Steel Structures Painting CouncilUL Underwriters Laboratory, Inc.USFWS U.S. Fish and Wildlife Service

VMA Voids in Mineral Aggregate

101.02 DEFINITIONS.

Act of God.An unforeseeable act, event, or happening resulting from natural causessuch as earthquake, tornado, or other cataclysmic phenomena.

Addendum. Contract revisions developed after advertisement of bids and before bidopening.

Advertisement. The public announcement inviting bids for work to be performed ormaterials to be furnished.

Award. The Departments acceptance of a Proposal.

Base Course. Thelayeror layersof specifiedor selected material placedon a subbaseor subgrade to support a surface course.

Bidder. An individual, or legal entity submitting a Proposal.

Bid Documents. All writings, working papers, computer printouts, charts, and allother datacompilation which contain or reflect information, data,or calculationsusedby theBidder to determinethe bidproposal submitted, includingbut notlimitedto ma-terial relating to the determination and application of:

equipment ratesoverhead rates and related time scheduleslabor ratesefficiency or productivity factors

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101.02

arithmetic extensionsSubcontractor and material supplier quotations

Manuals which are standard to the industry may be included in the bid documentationby reference and will show the name and date of the publication and the Publisher.

Bid Opening. The public opening of bid proposals submitted at the prescribed timeand date meeting Department requirements and procedures.

Bid Schedule(alsoknown as theSchedule of Items).Alist ofthe bid items and esti-

mated quantities in the Proposal.Bridge. A single-span or multiple-span structure including supports, erected over adepressionorobstructionsuchaswater,highway,orrailway;andhavingatrackorpas-sageway for carrying traffic or other moving loads; and having a length measuredalong the center of roadway of more than 20 feet between undercopings of abutmentsor extreme ends of openings for multiple boxes.

Bridge Length. Thegreaterdimension of a structure measured along thecenter of theroadway between backs of abutment walls or between ends of bridge deck.

Bridge Roadway Width. The clear width of a structure measured at right angles tothecenterof theroadwaybetweenthebottom ofcurbsor,if curbsare notused, betweenthe inner faces of parapet or railing.

Calendar Day. Every day shown on the calendar including Sundays and holidays. Aday begins and ends at midnight.

Change Order. A written order from the Department to the Contractor, coveringchanges in Contract documents, for Extra Work within the scope of the Contract, andfor establishing the basis of payment or time adjustments for work affected by thechanges. This may include, for example, additional items of work or an adjustment inunit prices. When the work involved necessitatesan adjustment in the Contractterms,it must be signed by the Contractor and Engineer, or his representative, before it be-comeseffective.AChangeOrdersignedbyallpartiestotheContractisasupplementalagreement.

Claim. A written request or demand for something due or believed to be due.

Clue.ApotentialsourceofaggregatematerialidentifiedintheProposaland,ifused,isconsidered a Contractor-furnished material source.

Completion. Theprojectis complete when allworkunderthe Contract hasbeen satis-factorily completed and is open to traffic or available for use by the traveling public;and the Project is in condition for final acceptance.

Conformity. Compliance with reasonable and customary manufacturing and con-struction toleranceswhere working tolerancesare not specified. Where working toler-ances are specified, conformity means compliance with such tolerances.

Contract. The written agreement between the Department and the Contractor settingforth the obligations of the parties for the performance of the prescribed work.

The Contract includes: the Proposal, Contract Form and Contract Bond, Specifica-tions, Supplemental Specifications, Special Provisions, Standard Drawings, general

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anddetailedPlans, workdrawings, anyChange Orders andSupplementalAgreementsrequired to complete the work and authorized extensions of time.

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 allSupplementalAgreementsandthepaymentofalllegaldebtspertainingtoprojectcon-struction.

Contract Item (Pay Item).AspecificunitofworkforwhichapriceisprovidedintheContract.

Contract Time. Thenumberof work days,calendardays, a combinationof thetwo,ora final calendar date allowed for completion of theContractincluding authorized timeextensions.

Contractor. The individual, or legal entity contracting with the Department for per-formance of prescribed work.

County. The jurisdiction or jurisdictions in which the work is located.

Critical Path Method. An electronic system of planning, scheduling, and control which combines all relevant information into a single master plan, permitting theestablishment of theoptimum sequence and duration of operations; utilizing an arrowdiagramdrawntoshowtheinerconnectedindividualtasksinvolvedinconstructingtheProject.

Culvert.Anystructureundertheroadwaywithaclearopeningof20feetorlessmeas-ured along the center of the roadway.

Department. TheNorth Dakota Departmentof Transportation(NDDOT)or itsrepre-sentatives.

Digital Identification. A unique number issued by the Department and assigned toContractors for security and identification purposes.

Director. The Director of the North Dakota Department of Transportation acting di-rectly or through authorized representatives.

Divided Highway. A highway with separated roadways for traffic in opposite direc-tions.

Driving Lane. The portion of thehighway, excludingshoulders, normally used to ac-commodate the movement of vehicular traffic.

Employee.Any person working on the Project covered by the Contract who is underthe direction or control of, or receives compensation from the Contractor or Subcon-tractor.

Engineer. The Deputy Director for Engineering of the Department, acting directly orthrough an authorized representative who is responsible for engineering supervisionof construction.

Equipment. All machinery, tools, apparatus, and supplies necessary for the upkeep,maintenance, construction, and completion of the Project.

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Expressway.A divided arterial highway forthrough traffic with full or partial controlof access and generally with grade separations at intersections.

Extra Work. Work not provided for in the Contract but considered essential by theEngineer for satisfactory completion of the Contract within its intended scope.

Extra Work Order. A Change Order for the performance of work or furnishing ofmaterials involving Extra Work at agreed prices or on a Force Account basis.

Federal-Aid Project.AProjectwhichisconstructedentirelyorpartiallywithFederalFunds.

Field Engineer.An authorized person who is in charge of a Project and reports to theEngineer.

Fog Coat.Athinapplicationofbitumenappliedtothepavementsurface,withorwith-out a sand coating.

Force Account. Payment forextrawork on thebasisof actualcostsplus approved ad-ditives.

Fractured Material. Aggregate crushed to a smaller size from a larger size. (i.e. ag-gregate retained on a 5/8inch sieve crushed to produce aggregate of 1/2inch or less insize.)

Freeway. An expressway with full control of access.

Frontage Street or Road.Alocalstreetor road located alongsidea highway forserv-ice to abutting property, adjacent areas and for control of access.

Geosynthetic. A product manufactured from a polymeric material used with soil,rock, earth, or other geotechnical engineering-related material as an integral part of aman-made project, structure, or system.

Geotextile. A permeable geosynthetic made of textile materials, ie: separation,drainage, riprap, and reinforcement fabrics.

Geogrid. A geosynthetic formed by a regular network of integrally connectedelements with apertures greater than 1/4 inch to allow interlocking with surrounding

soil, rock, earth, and other surrounding materials to primarily function asreinforcement.

Grade Separation.Acrossingoftwohighways,orahighwayandarailroad,atdiffer-ent levels.

Highway, Street, or Road. A general term indicating a public way used by vehiclesand pedestrians. Includes entire area within the Right of Way.

Holidays. State of North Dakota holidays are as follows:

Every Sunday.The first day of January, which is New Years Day.The third Monday of January, which is Martin Luther King Day.

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The third Monday of February, which is Presidents Day.The Friday just before Easter Sunday and commonly known as Good Friday.The last Monday in May, which is Memorial Day.ThefourthdayofJuly,whichistheanniversaryoftheDeclarationofIndependence.The first Monday in September, which is Labor Day.The eleventh day of November, which is Veterans Day.The fourth Thursday in November, which is Thanksgiving Day.The twenty-fifth of December, which is Christmas Day.EverydayappointedbythePresidentoftheUnitedStatesorbytheGovernorofthisState as a public holiday.

When a holiday falls on a Saturday, thepreceding Friday shall be theholiday; or, whena holiday falls on a Sunday, the following Monday shall be the holiday.

Thetwenty-fourthof December, Christmas Eve day, willbe a half-day holiday whenitfalls on a Monday, Tuesday, Wednesday, and Thursday. State offices will close at12 noon that day.

Incentive/Disincentive Provisions. An adjustment to the Contract price of a prede-termined amount for each day the work is completed ahead of or behind the specifiedmilestone, phase, or Contract completion dates.

Inspector. The Engineers authorized representative assigned to make detailed in-spections of Contract performance.

Invitation for Bids. The advertisement for Proposals for work or materials on whichbids are requested. The advertisement will indicate, with reasonable accuracy thequantityand locationof work tobe performed, thecharacterand quantityof materialtobe furnished, and the time and place of the opening of Proposals.

Laboratory. The testing laboratory of the Department or any other testing laboratorydesignated by the Engineer.

Major and Minor Contract Items.AmajoritemisanyContractitemhavingaCon-tract value in excess of 5 percent of the total original Contract amount. All other itemsare minor items.

Minor items in the original Proposal shall become major items when the total cost in-creases to at least 5 percent of the total original Contract amount.

Materially Unbalanced Bid.A bid in which there is a reasonable doubt that award tothe Bidder submitting the mathematically unbalanced bid will result in the lowestultimate cost to the Department.

Materials. Any substances specified for use in constructing the Project.

Mathematically Unbalanced Bid. A bid containing lump sum or unit bid itemswhich do not reflect reasonable actual costs plus a reasonable proportionate share ofthe Bidders anticipated profit, overhead costs, and other indirect costs, which he/sheanticipates for the performance of the items in question.

Median. The portion of a divided highway separating the traveled ways.

M Gal. 1,000 gallons.

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Notice to Bidders. A notice issued by the Department of projects available for bid inan upcoming Bid Opening.

Notice to Proceed.A written notice to the Contractor to begin the Contract work; or,in lieu of such written notice, the delivery of the executed Contract documents to theContractor will serve as notice to proceed.

Pavement Structure. The combination of subbase, base course, and surface courseplaced on a subgrade to support and distribute the traffic load to the roadbed.

Plans. TheContractdrawingsshowing location, character, and dimensions of the pre-scribed work including layouts, profiles, cross sections, and other details.

Prequalified Bidder. A Bidder who has submitted evidence satisfying the Depart-ment as to the Bidders qualifications based on integrity, responsibility, and compe-tence relative to the type and size of the contemplated Projects, and has received writ-ten authorization to bid from the Department.

Prequalification Forms. The specified forms on which required information is fur-nished concerning the Bidders ability to perform and finance the work.

Prime Coat.A surface application of bitumen or other approved material to coat andbind the aggregate base.

Profile.A charted line indicating elevation grades and distances and usually depth ofcutand heightof fill forexcavation andgrading work;takenalong a centerline or otherdesignated line. A side view, as distinct from a plan or overhead view.

Project. The specific section of highway on whichconstruction is to be performedun-der the Contract.

Proposal. (Commonlyreferredto as Bid) TheBidders offeron Department forms,toperform the work at the prices quoted.

Proposal Form. (Commonly referred to as Proposal) The prescribed forms on whichthe Department requires bids to be prepared and submitted for the work.

Proposal Guaranty. ThesecurityfurnishedtoguaranteetheBidderwillenterintotheContract if the Proposal is accepted.

Responsive Bid. A bid which meets all requirements of the Invitation for Bids.

Responsible Bidder. A Bidder who has met all of the Departments prequalificationrequirement and actually submits a bid on a project.

Right of Way.Ageneraltermdenotingland,property,orinteresttherein,acquiredforor devoted to a highway.

Roadbed. The graded portion of a highway, within top and side slopes, prepared as afoundation for the pavement structure and shoulder.

Roadside. Thearea adjoiningthe outer edge of the roadway. Extensive areas betweenthe roadways of a divided highway may also be considered roadside.

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Roadway. The portion of a highway including shoulders for vehicular use.

Shop Drawings. Incidental drawings furnished by the Contractor illustrating how aspecific portion of the work shall be fabricated or installed.

Shoulder. Theportionoftheroadwayadjacenttothetraveledwayforaccommodationof stopped vehicles for emergency use and for lateral support of base and surfacecourses.

Sidewalk. A traveled pathway paralleling a highway, road, or street intended

exclusively for pedestrian use.

Sieve. U.S.A. Standard Sieve, as defined in AASHTO M 92. Percent passing sievesizes is by weight.

Special Provisions.Additions and revisionsto the Standardand SupplementalSpeci-fications covering special conditions on an individual project.

Specialty Item. Itemof work thatrequires specialized knowledge,abilities, or equip-ment not ordinarily required with the major type of work specified in the Contract.

Specifications. Compilation of Special Provisions and Standard and SupplementalSpecifications for performance of prescribed work.

Specified Completion Date. The date on which the Contract work is specified to be

completed.Stabilization. The modification of soils or aggregates by incorporating materials thatincreasesload-bearingcapacity, firmness, orresistance toweathering ordisplacement.

Standard Details.Anapprovedsetofdrawingsshowingstandarddetailsofconstruc-tion and materials.

Standard Specifications.A book of Specifications approved for general applicationand repetitive use.

State. The State of North Dakota acting through its authorized representative.

State Aid Project. A Project which is constructed entirely with State Funds or Stateand local subdivision funds.

Station. When used as a definition or term of measurement,a station is100 linearfeet.

Structures. Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing,manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drains,and similar features which may be encountered in the work.

Subcontractor.Anindividual,orlegalentitywithwhomtheContractorsubletspartofthe Contract.

Subbase. The layers of specified or selected material of designated thickness placedon a subgrade to support a base course.

Subgrade. Thetop surface of an embankment or cutsectionon a gradedroadway. It isthe foundation for the subbase, base, and surface course.

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Substantial Completion.A Project is substantially complete when it is open for safeand convenient use by the traveling public, and all necessary safety features are inplace; or, if not to be opened to traffic, when it is ready for the subsequent Project.

Substructure.All of thestructure belowthe bearings of simpleand continuous spans,skewbacks of arches and tops of footings of rigid frames, including the backwalls,

wingwalls and wing protection railings.

Superintendent. The Contractorsauthorizedrepresentative in responsible charge of

the work.Superstructure. The entire structure except the substructure.

Supplemental Agreement. A written agreement for the performance of work whichis beyond the scope of the original Contract but which the Department elects to per-form in conjunction with the existing Contract.

Supplemental Specifications. Approved additions and revisions to the StandardSpecifications.

Surcharge. Additional fill material above the proposed grade line for the purpose ofadding weight.

Surety. The legal entity or individual, other than the Contractor, executing a Proposal

Guaranty.Surface Course. One or more layers of a pavement structure designed to accommo-datethetrafficload;thetoplayerofwhichresistsskiddingandtrafficabrasion.Thetoplayer is sometimes called Wearing Course.

Tack Coat. An application of bitumen to an existing asphalt surface to provide bondwith the next course.

Titles (or Headings). The titles or headings of the Sections and Subsections in thisbook arefor referenceonlyand shallhave no bearing on theinterpretation ofspecifica-tions.

Traveled Way. Theportionof theroadwayfor themovement of vehicles,exclusive ofshoulders and auxiliary lanes.

Unbalanced Bid. A bid that does not reflect the true cost of providing the material,equipment, and labor required to complete the item of work. (See Materially Unbal-anced Bid and Mathematically Unbalanced Bid.)

Variable Costs. Costs that change in relation to the activity and work being performed.

Work. The furnishing of all labor, materials, equipment, and incidentals necessary tocomplete the Project according to all duties and obligations imposed by the Contract.

Working Day. A calendar day on which weather and other conditions not under theContractors control does not prevent construction operations from proceeding withthenormal working force engaged in performing thecontrollingitemor items of work

which would be in progress at that time.

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102.02

Work Drawings. Supplemental design sheets or similar data which the Contractor isrequired to furnish such as shop drawings, product data sheets, erection plans, fal-sework plans, framework plans, cofferdam plans, and bending diagrams for reinforc-ing steel.

Work Order. A written order, signed by the Engineer, of a Contractual status requir-ing performance by the Contractor without negotiation.

Written Permission of the Engineer. A letter signed by the Engineer granting spe-

cific permission andoutlining limitationsof thepermission.When these specificationsindicatethatwork shall be required, requested,directed, authorized, ordered, permit-ted, suspended, approved, accepted, or rejected, it shall be understood that these ex-pressions and others similar to them are followed by the phrase, by the Engineer.

SECTION 102BIDDING REQUIREMENTS AND CONDITIONS

102.01 PREQUALIFICATION OF BIDDERS.

Only prequalified Bidders will be allowed to bid on any Project. Evidence consists ofdetailed information regarding the Bidders finances, organization, equipment, andprevious experience, provided on standard forms furnished by the Department. Theprequalification forms shall be submitted notlessthan7 days beforethe bidopening in

which the Bidder desires to bid, and at such additional times as the Director may re-quest or the Bidder elect. The prequalification shall be in force for the time periodspecified in the Departments written authorization.

TheDirector reserves the right to check anyor allstatementssubmitted by theBidder,and to obtain additional pertinent information from other sources. The Departmentreserves the right to disqualify a prospective Bidder for any reasons stated in Section102.13.

102.02 CONTRACTORS LICENSE.

A Bidderis notrequired to have a Contractors license from theState of North Dakotato bid on a Project, however, a Contract will not be awarded until the Contractor ob-tains an appropriate North Dakota Contractors license.

102.03 CONTENTS OF PROPOSAL FORMS.

The Proposal Form will show the location and description of the contemplated con-struction, the estimate of the various quantities, the types of work to be performed ormaterials to be furnished, and the schedule of items for which Unit Bid Prices are in-vited.The Proposal Form will state thetimein which theworkmust be completed; andthedate, time, andplacefor opening of Proposals. The Proposalformwill also include

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any Special Provisions or requirements which vary from or are not contained in theStandard Specifications.

All papers bound with or attached to the Proposal Form are considered a part of theProposaland must notbe detached or altered when theProposal issubmitted. The Bid-der may attach a computer-printed bid schedule according to Section 102.07 C.2.

The Plans, Specifications, other documents designated in the Proposal Form will beconsidered a part of the Proposal whether attached or not.

The prospective Bidder shall pay the amount stated in the Notice to Contractors foreach copy of the Proposal Form and each set of Plans obtained from the Department.

102.04 ISSUANCE OF PROPOSAL FORMS.

Proposal Forms will be issued in accordance with the Advertisement for Bids.

102.05 INTERPRETATION OF QUANTITIES IN BID SCHEDULE.

The quantities appearing in the bid schedule are estimates prepared for comparison ofbids. Payment will be made foractual quantities of work performedand accepted or ma-terials furnishedaccordingto theContract.The estimatedquantities of work andmateri-als may be increased, decreased, or pay items may be eliminated in their entirety.

102.06 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIALPROVISIONS, AND SITE OF WORK.

TheBidder is to examine thesiteof theproposedwork,the Proposal,Plans, Specifica-tions, Supplemental Specifications, Special Provisions, and all other Contract formsbefore submitting a Proposal. The Bidder is responsible for all site conditions thatshould havebeendiscovered with a Bidder siteinvestigation. Thesubmission of a pro-posal will be considered conclusive evidence that the Bidder is satisfied with the con-ditionstobeencounteredinperformingtheworkandastotherequirementsofthepro-posed Contract.

Boring logsand other records of subsurfaceinvestigations are available for inspectionby Bidders. It is made available so all Bidders have access to identical subsurface in-formation available to the Department, and is not intended as a substitute for personal

investigation, interpretations, and judgment of the Bidders. This availability shall notrelieve the Bidder of the responsibility stated in the preceding paragraph. TheDepart-mentwillnotbeboundbyanystatementorrepresentationconcerningconditionsmadeby anyof itsemployees or agentsbefore theexecution of theContract, unlessincludedin the Proposal Form, Plans, Specifications, Supplemental Specifications, SpecialProvisions, or related Contract forms.

Any explanation desired by a Bidder regarding the meaning or interpretation of theProposal Form, Plans, Specifications, etc., must be requested from the Central Con-struction Office in adequate time to allow a reply to reach all Bidders before submis-sion of their Bids. Interpretations will be made by addendum and will be furnished toall prospective Bidders by either certified letter, Facsimile (FAX), or other electronictransmissionbefore thetime setfor opening of Bids. Oral explanationsor instructionsgiven before the bid opening will not be binding.

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102.07

102.07 PREPARATION OF PROPOSALS.

A. General. The Bidder shall prepare the Proposal Form furnished by the Depart-ment utilizing one of the following methods:

1. Electronic bid on the internet using Bid Express, as specified below.

2. Electronic bidon a 3-1/2 inch computer diskette or compact disc (hereinafterdiskette) with accompanying printout. The printout can be the BiddersProposal generated from Expedite software or the paper Proposal Formfurnished by the Department.

3. Paper bid on the Proposal Form furnished by the Department.

Any and all Department addenda to the Proposal shall be a part of the BiddersProposal.

TheBiddershallfilewiththeDepartmentaproperlyexecutedblanketbidbond,orshall submit an individual bid bond or certified check with the proposal, as speci-fied in Section 102.09 of the Standard Specifications. To be eligible to submitelectronic bids on the internet, the Bidder shall have a properly executed annualbid bond on file with the Department.

IfdiscrepanciesarefoundbetweenproposalssubmittedbythesameBidderindif-ferent media, hand prepared paper bids shall govern over electronic printouts,

electronic printouts shall govern over diskettes, and diskettes shall govern overelectronic bids submitted over the internet.

The Department will provide bidding information, Plans, proposal forms,addenda and other documentson the Departments Web site. Bidders shall checkthe Departments Web site for addenda prior to submitting a bidders proposal.The Department will post all addenda no later than 4:00 p.m. Central Time twodaysbeforethebidopening.Anexceptiontothistimeframeisthewithdrawalofa project from the bid opening. Bidders shall acknowledge the receipt of allad-dendumsasdesignatedintheproposalform.Electronicbidfiles(Expeditefiles)are provided through the Bid Express on-line bidding exchange athttp://www.bidx.com/ and the Departments Web site at http://www.dot.nd.gov/.Bidders utilizing Expedite shall ensure they have downloaded any addenda filesin regards to theExpedite electronic bidfiles, prior to submitting their final bid. Ifusing theExpedite bidfiles, bidders shall check eitherthe Bid ExpressWeb site or

the Departments Web site after 5:00 p.m. Central Time two days before the bidopening, to ensure that all addenda files for the Expedite files have beendownloaded before submitting the final bid.

Interested parties cansubscribe to theBid Express on-line bidding exchange by fol-lowing the instructions provided at the www.bidx.com Web site or by contacting:

Info Tech Inc.5700 SW 34th Street, Suite 1235Gainesville, FL 32608-5371email: mailto:customer.support@bidx.com

When an item on the Bid Schedule allows a choice of alternates, the Bidder shallindicate the choice for that particular item.

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102.07 C

Proposals submitted by (1) an individual must be signed by that individual, (2) apartnership,mustbe signedby a partner,or (3)a corporationmustbe signed by anofficer of the corporation with the officers title. Proposals submitted by a jointventure must be signed by a legally qualified representative of each of the partiestothe jointventure.A Proposalmaybe executedfor anindividual,a legalentity, ora jointventureby anyonehavinga powerof attorney, provideda copy of thepowerof attorney is attached to the proposal or is previously filed with the Department.

Properly execute the Proposal. Proposal not submitted via the internet shall have

the required signatures, in ink, in the space provided on the Proposal Form. Ifsubmitting a diskette withaccompanying printout, the Bidder shall execute eitherthe Department-furnished paper Proposal Form or the Expedite-generatedBidders Proposal.

A Bidder may submit bids on more Projects than they desire to accept. Each suchbid proposal must be covered by a Proposal guarantee. The Bidder may indicatethe total work desired and the Director will determine which of the low bids willbe accepted within the Bidders indicated bid limitations. This limitation will ap-plyonly to Projectson which theBid Limitation Section in theProposalForm hasbeen completed by the Bidder.

B. Combination (Tied) Proposals. Proposal Forms may be issued for Projects incombination or separately, so bids maybe submitted either on the combination oron separate units of the combination. The Department reserves the right to make

awards on combination bids or separate bids to the advantage of the Department.Combination bids, other than those specified, will not be considered. SeparateContracts will be written for each Project included in the combination.

C. Electronic Bidding on the Internet. Prior to submitting electronic bids over theInternet, the Bidder shall have a digital identification (ID) issued by the Depart-ment, on file with Info Tech Inc. and enabled by Info Tech Inc. Using this digitalID shall constitute the Bidders signature for proper execution of the Proposal.

1. Download the EBS files, DBE bin files and any addendums from the BidExpress or Departments Web site.

2. Use Expedite software to generate and prepare the Bidders Proposal.

a. Provide a unit pricefor each biditem, exceptas notrequired inthe case ofalternate bid items. Follow the softwareinstructionsand review the helpscreens provided on theBid Express Web site to assurethat thescheduleof items is prepared properly.

3. Submit the bid according to the requirements of the Expedite software andthe Bid Express Web site. Bidders should not submit a bid on a diskette withaccompanying printout or a paper bid, when submitting Internet bids. If thebidderdoes submita bidon a diskette with accompanyingprintoutor a paperbid in addition to the internet submittal, the Department will disregard theInternet bid.

The Department will consider bids submitted over the Internet as accepted, at thetime anddate specifiedin theNotice to Bidders andnot beforesuch time anddate.

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102.07 D

D. Electronic Bidding on a Diskette With Accompanying Printout.

1 Download the EBS files, DBE bin files and any addendums from the BidExpress or Departments Web site.

2 Use Expedite software to generate and prepare the Bidders Proposal.

a. Provide a unit pricefor each biditem, exceptas notrequired inthe case ofalternate bid items. Follow the softwareinstructionsand review the helpscreens provided on theBid Express Web site to assurethat theschedule

of items is prepared properly.

3. Each diskette shall be labeled with the Bidders name, the Department-assigned Bidder-identification code, and a list of the proposal numbersincluded on that diskette, as indicated in the following example:

Bidder NameBidder IDProposals: 1, 12, 14, 16, & 22

a. Ifbidding on more than one proposalin the bid opening, the Biddermayincludeallproposalsforthatbidopeningononediskette.However,onlysubmitted proposals(with no incomplete or extraneous files) may be onthe diskette.

The accompanying printout shall be prepared in accordance with 102.07 E.1a.E. Preparation of Bid Schedule.

1. Paper Bid. The Bidder shall enter a unitprice in numerals on the Bid Sched-ulefor each biditem,except as notrequired in the case of alternatebid items.The Bidder shall enter the product of each unit price and respective quantity.The sum of the products (Total Sum Bid) shall be entered where indicated.

a. Computer-Printed Bid Schedule. The Bidder may substitute acomputer-printed spreadsheet bid schedule for the Bid Schedule foundinthe ProposalFrom.The substitute scheduleshallbe attached tothe lastpage of the Bid Schedule in the bound Bidders Proposal Form.

The computer-printed bid schedule shall be a printout generated by thecurrent version of Expedite, used by the Department.

The total sum of the bid shall be entered at the bottom of the last page ofthe computer-printed schedule, and entered in ink in the Total Sum Bidblock on the last page of the Departments Bid Schedule.

The Bidder, or authorized representative, shall sign the substitute bidschedule in ink on the last page of the computer printout. The signersname andtitle shall be printed with thesignature.The personsigning theschedule above shall sign and complete the Affidavit in the ProposalForm.

In case of discrepancies between item descriptions or quantities in thebidschedulein theProposalForm andthosein thecomputer-printed bidschedule the bid schedule in the Proposal Form will govern.

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102.08 B.10

102.08 IRREGULAR PROPOSALS.

A. Proposals will be considered irregular and will be rejected if:

1. TheProposal is notproperly signed andnotarized;or in thecaseof ElectronicBiddingontheInternet,theproposalisnotelectronicallysignedbyuseof thedigital ID.

2. The Proposal is not submitted in accordance with Section 102.07 or Section

102.10.

3. The Bidder fails to provide a properly executed Proposal Guaranty.

4. The Bidder adds any provisions reserving the right to accept or reject anaward, or to enter into a Contract pursuant to an award.

This does not exclude a bid limiting the maximum gross amount of awardsacceptable to anyone Bidderat anyone bidopening.Selection of awardswillbe made by the Department.

B. Proposals may be considered irregular and may be rejected if:

1. The submitted Proposal fails to comply with any other requirements of theNotice to Bidders or the issued Proposal itself.

2. There are unauthorized additions, conditional or alternate bids, or irregulari-ties of any kind which maymake theProposals meaning incomplete, indefi-nite, or ambiguous.

3. A price per unit cannot be determined from the bid proposal, except in thecase of authorized alternate pay items.

4. The Proposal does not include a unit price for every bid item, except in thecase of authorized alternate pay items.

5. It is determined that any of the unit prices are materially unbalanced to thepotential detriment of the Department.

6. The Unit Prices are not typed or entered in ink.7. The check code printed on the bottom of the printout of the Expedite-generated

schedule of items is not the same on each page.

8. Thecheck code printed on theprintoutof theExpedite-generated scheduleofitems is not the same as the check code for that proposal provided on the dis-kette.

9. TheBidder failsto paythe $30administrative feewiththeirpaper bid, beforethe day and time designated on the Notice to Bidders.

10. There is non-compliance with the Disadvantage Business Enterprise (DBE)requirements.

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102.09

102.09 PROPOSAL GUARANTY.

A Proposal will not be considered unless accompanied by a Proposal Guaranty in asum equal to10 percent of the fullamountof the bid, executedby the Bidder asprinci-pal and by a Surety company authorized to do business in North Dakota or by either acertified check or a cashiers check of the Bidder on a solvent bank ina sum equal to 5percent of thebid.If within10 days after noticeof an award, thesuccessfulBidder failsto sign a Contract with the Department, Bidders certified or cashiers check will beforfeited to the Department, or the Principle and the Surety will forfeit to the Depart-

ment the Proposal Guaranty accompanying the bid or bids on which there is a default.

Arrangements may be made with the Department to file Proposal guaranties in ad-vance of the bid opening.

102.10 DELIVERY OF PROPOSALS.

The Bidder shall submit the Proposal Form furnished by the Department (includinganyand alladdenda), beforethe time anddate designated in theNotice to Bidders.Thefollowing three formats are acceptable means of submitting the Proposal Form:

A. Electronic bid on the internet using Bid Express. Bidders utilizing this bidsubmission method shall not sign, notarize, nor return the Proposal Form asdescribed in other sections of the Specifications.

B. Electronic bid on a diskette with accompanying printout. The printout can be theBidders Proposal generated from Expedite software or the paper Proposal Formfurnished by the Department. As a separate submittal (not in the sealed bidenvelope) and due at the same time and place as the sealed bid, the Expedite-generated schedule of item shall be submitted on a diskette.

C. Paper bid on the Proposal Form furnished by the Department. Any paper bidsubmitted without a diskette shall be accompanied by a check or money orderpayabletoNorthDakotaDepartmentofTransportationintheamountof$30perProposal.

Unless submitting an Electronic bid via the internet, Proposals shall be placed in asealedenvelopebearingtheBiddersname,andplainlymarkedtoindicateitscontents.

Proposals receivedafter the timeestablished for opening of Proposalswill be returnedunopened.

Mailed bids will be accepted, if all other bidding requirements have been met and thebids are received prior to the date and time designated on the Notice to Bidders. If acheck or money order is required, as specified in Section 102.10 C, such check ormoney order must accompany any mailed bid.

102.11 WITHDRAWAL OR REVISION OF PROPOSALS.

A Bidder may withdraw or revise a Proposal after delivery to the Department, pro-vided the request for withdrawal or revision is received in writing before the time es-tablished for opening Proposals.

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102.13 B.6

102.12 PUBLIC OPENING OF PROPOSALS.

Proposalswillbe publiclyopened andannounced at thetimeand place indicatedin theNotice to Bidders.

102.13 DISQUALIFICATION OF BIDDERS.

The Department has the right to disqualify a Bidder after a proposal has beensubmitted.

A. Thefollowing reasonswill be consideredsufficientfor disqualifyinga Bidder andrejecting a Proposal or Proposals.

1. Not prequalified in accordance with Section 102.01.

2. Evidence of collusion among Bidders. Participants in collusion will not re-ceive recognition as Bidders for future work with the Department until theyare reinstated as a qualified Bidder.

3. More than one Proposal for the same work from an individual, firm, orcorporation under the same or different name.

4. Any other reason deemed proper by the Department.

B. The following reasons may be considered sufficient for disqualifying a Bidderand rejecting a Proposal or Proposals.

1. Uncompleted work which the Department determines might hinder orprevent prompt completion of additional work.

2. Failure to promptly pay or satisfactorily settle all claims for labor andmaterialon any Contract, includingthose Contracts where the Contractor is aparty to a joint venture that has failed to settle such claims.

3. Default under previous Contracts.

4. Failure to repay monies due the Department resulting from overpayments.

5. Unsatisfactory performance on previous work or current Contract(s),

consisting of, but not limited to, repeated:

a. Noncompliance with Contract requirements, or Engineers directives.

b. Failure to complete work on time.

c. Instances of substantial corrective work prior to acceptance.

d. Instances of completed work that requires acceptance at reduced pay.

e. Production of non-specification work or materials.

6. Questionable moral integrity, as determined by the Attorney General of theState, or the Department.

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7. Disbarment from performing work on Federal Contracts.

SECTION 103

AWARD AND EXECUTION OF CONTRACT

103.01 CONSIDERATION OF PROPOSALS.

After the Proposalsare opened and announced,each Bidders multiplication and addi-tion will be verified or corrected. In case of a discrepancy between a unit bidprice andtheextension,the unit bidprice shallgovern,unless theintentof thebidis obvious.TheProposals will be compared on the basis of the correct totals, and the results of suchcomparisonpromptlymadepublic.TheDepartmentreservestherighttorejectanyandall Proposals, to waive technicalities, or to advertise for new Proposals.

A Bidder who wishes to claim error after the bids have been publicly opened andannounced shall promptly notify the Department that an error occurred. The Biddershallsubmitanotarizedaffidavitordeclaration,underpenaltyofperjury,signedbytheBidder andaccompaniedby theworksheets used in thepreparation ofthe bid, request-ing relief from forfeiture of the bid bond and the responsibilities of award. Theaffida-vitor declaration shalldescribethe specificerror(s)and certify that theworksheets arethe ones used in preparing the bid.

Theaffidavit or declaration shall be submittedno later than 5:00 p.m. on thefirstbusi-ness day after bid opening or the claim will not be considered. The Department willreview the affidavit or declaration and the certified work sheet to determine the validityof the claimed error and if the error is of the kind for which the law allows relief fromforfeiture ofthe ProposalGuaranty. Ifthe Department concurs in theclaim of error anddetermines that the error is of the kind which allows relief from forfeiture, the Bidder

will be relieved of responsibility and the Proposal Guaranty of the Bidder will be re-turned. If theDepartmentdoesnot concurin theerroror determines that theerror isnotthekind forwhichthe lawallowsrelief, theDepartment mayaward theContract andiftheBidderrefusestoexecutetheContract,theBiddersProposalGuarantyshallbefor-

feited as required by Section 103.07.

103.02 AWARD OF CONTRACT.

The award of the Contract, if made, will be to the lowest responsible Bidder whoseProposal complies with therequirements specified. Theawardwill be made within 30days after opening theProposalsunless an extensionof this limitis agreedto in writingby both parties. If the Federal Government, other State agency, county, city, or otherparticipating party pays any or all costs of Project construction, any award made shallnot be final until concurrence has been received from the participating parties.

The successful Bidder shall submit a schedule of proposed progress as specified inSection 108.01 B. The time schedule submitted on the proposed progress chart shallnot change the Contract requirements listed in the Proposal Form.

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Contractaward is subject to thelicense requirements referencedin subsection 102.02.A foreign corporation must have a certificate of authority to do business in North Da-kota before a Contract can be awarded.

103.03 CANCELLATION OF AWARD.

The Department reserves the right to cancel the award of any Contract before execu-tion without liability.

103.04 RETURN OF PROPOSAL GUARANTY.

AllProposalGuaranties,except in cases of default and those of the Bidderssubmittingthe three lowest bids, will be returned after Proposals have been compared. The Pro-posal Guaranty of the Bidder submitting the lowest bid may be cashed and the moneyretained until the Contract has been awarded and properly executed. The ProposalGuaranties of the remaining two Bidders will be returned after the Contract is exe-cuted.

All Proposal Guaranties, except in case of defaults, will be returned upon requestwithin a reasonable time and as provided by law.

103.05 REQUIREMENT OF CONTRACT BOND.

A. General. Upon execution of the Contract, the successful Bidder shall furnish aContract Bond on the form furnished in an amount equal to 100 percent of theContract, issued by a responsible Surety, and approved by the Director. If theSurety Bond is voidedor is no longer in force,the Contractor shall obtainanotherContract Bond of an amount equal to the original.

B. Measurement and Payment. The cost of the Contract Bond is included as aseparate bid item in the Proposal. After the Contract is signed, payment for theitem Contract Bond will be made as follows:

1. A written request for payment of Contract Bond items shall be submitted tothe Departments district office supervising the work. If the work is on thecounty highway system, the request for payment shall be submitted to theCounty Engineer or the countys Consultant Engineer. The request for pay-ment shall be accompanied by a receipted invoice from the bonding firmshowing the Contract Bond cost and the date payment was made by theContractor.

2. An estimate, subject to retainageas provided in Section 109.05, will be proc-essed to provide a lump sum payment equal to the Contract Bid Price or theactual cost indicated by the bonding firms invoice, whichever is less. If theprice bid for the item Contract Bond exceeds the cost indicated by the in-voice, the remaining amount will be paid on the final estimate.

103.06 EXECUTION AND APPROVAL OF CONTRACT.

The signed Contract and Contract Bond shall be returned to the Department within10 calendardaysafterthe date ofnotice of Contractaward.No Contractwillbe consid-ered binding until execution by all parties to the Contract.

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103.07 FAILURE TO EXECUTE CONTRACT.

Failure by the successful Bidder to execute a Contract and file a satisfactory ContractBond will be considered cause for annulment of the award and forfeiture of the Pro-posal Guarantyto theDepartment. Award may then be made to thenextlowest respon-sible Bidder, or the work may be readvertised.

103.08 ESCROW OF BID DOCUMENTATION.

A. General. When specified, the Contractor shall submit a legible copy of thedocu-mentation used to prepare the bid for this Contract. The bid documentation shallbe placed in escrow with a banking institution or other bonded document storagefacility and preserved by that institution/facility as specified in this section.

B. Affidavit. In addition to the bid, escrowbid documentation, theBidder shall sub-mit an affidavit, signed under oath by the Bidder or a representative of the Bidderauthorized to execute Bid Proposals listing each bid document submitted byauthor,date,nature,andsubjectmatter.Theaffidavitshallattestthatthesignerhaspersonally examined the bid documentation, that such documentation is listed inthe affidavit, and all bid documentation is included in the submission to the De-partment.

C. Submittal and Return of Bid Documentation. The apparent low Bidder shallsubmit the affidavit and theoriginalbid documentationin a sealed containerto theDepartment within 5 working days after the bid opening. The container shall beclearly marked Bid Documentation and shall show on the face of the containerthe Bidders name and address, date of submittal, Project Number, and ContractNumber.

If the proposal of the apparent low Bidder is rejected by the Department, the biddocumentation, if already submitted, will be returned; and the next low respon-sive Bidder will be notified to submit its affidavit and bid documentation. TheBidder will be allowed five working days after date of notification by theDepart-ment to submit the required documents. If this Proposal and subsequent ones arealso rejected, the above procedures will continue until a Bidders Proposal is ac-cepted by the Department.

D. Duration and Use. After award, the Department and the Contractor will jointly

deliver the sealed container and affidavit to a banking institution or other bondeddocumentstorage facilityselectedby the Contractor and approved by the Depart-mentfor placement in a safety deposit box,vault, or othersecureaccommodation.The document storage facility shall be located in Bismarck, North Dakota, unlessotherwise approved by the Department. The Contractor will provide escrow in-structions to the document storage facility consistent with this section.

The agreement with the document depository will reflect that thebid documenta-tion and affidavit will remain in escrow during the life of the Contract or until theDepartment is notified of the Contractors intention to file a claim for extra com-pensation according to Section 104.06 or to initiate litigation or arbitrationagainst the Department related to the Contract. Notification of the Contractorsintentionto file a claim,or initiation of litigation or arbitration against theDepart-ment, will be sufficient grounds for the Department to obtain the release and cus-

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104.02

tody of the bid documentation. If such action has not been initiated, and the re-quired statutory time to file a Contract claim has elapsed since the submission ofthe final estimate thedocument depository will be instructed to release the sealedcontainer to the Contractor.

In accordance with the affidavit attesting that the sealed container placed in es-crow contains all of the materials relied upon to prepare the bid, the Contractoragrees to waive its right to use any bid documentation other than that placed inescrow in any claim or litigation arising out of this Contract.

E. Refusal or Failure to Provide Bid Documentation. Failure to provide the biddocumentation shall render the bid non-responsive.

F. Confidentiality of Bid Documentation. Thebiddocumentationand affidavitinescrow are, and shall remain, the property of the Contractor. The Department hasnointerestin,orrightto,thebiddocumentationunlessnotificationoftheintentionto file claim is received or litigation ensues between the Department andContractor. In the event of such notification or litigation, the bid documentationand affidavit will become thepropertyof theDepartment; provided thatthese ma-terials, and all copies made by the Department, are returned to the Contractor attheconclusionoflitigation,orfinalresolutionofalloutstandingclaims,uponexe-cution of a final release.

G. Payment. The cost of placing the bid documentation into escrow is included as aseparate biditem in theContract. After thebid documentation hasbeen depositedin a storage facility andthe Contracthas been signed, payment forthe entire lumpsum item, Escrow of Bid Documentation will be made to the Contractor on thefirst estimate prepared after the documents have been placed in escrow. TheContractor shall be responsible for the payment of the depository rent.

These payments will be full compensation for all data compilation, container,storage rental, andany other associated costs;and no other paymentswillbe madeto the Contractor for this bid item.

SECTION 104SCOPE OF WORK

104.01 INTENT OF CONTRACT.

TheContractorshall furnish allresources required to complete theworkand shallexe-cute the work according to the terms of the Contract.

104.02 SUBLETTING OF CONTRACT.

The Contractor shall not sublet, sell, transfer, assign, or dispose of any portion of theContract or Contracts without written consent of the Engineer. The maximum

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percentage that can be sublet shall be 70 percent of the Total Contract Amount,excluding any designated specialty items of work. The amount of any specialty itemsperformed shall be deducted from the total original Contract Amount beforecomputing the percentage of work sublet.

TheContractingAgency willnot consideroff-sitecommercialproduction of materialsandmanufacturedcomponent productsthat theContractor purchasesor their transpor-tation to the project as Subcontracted work.

Whena project contains a Disadvantaged BusinessEnterprise (DBE) Goal, a subCon-

tract is required with any DBE firms used to meet the goal; unless the DBE firm isclassified as an oil hauler, supplier, broker, vendor, regular dealer or manufacturer.

Requests for permission to sublet shall be submitted to the District Engineer in whoseDistrict the Project is located. The request shall be in writing on Department formsaccompanied by evidence showing that the organization performing the work isexperienced and equipped for such work. Subcontract work shall not begin until theRequest to Sublet is approved. The Request to Sublet must show the total priceSubcontracted. The items of work, and quantities of each item Subcontracted shall beshown.Partialitems shall be explainedin detailand show theamount of each Contractitem being Subcontracted.

The Contractor shall provide a copy of the Subcontract agreement or lower tier Sub-contract agreements alongwiththe Request to Sublet. The Engineers consent shallin no waybe construedto be an endorsement of theSubcontract, theSubcontractor, orthe Subcontractors ability to complete the work in a satisfactory manner.

The Subcontract, transfer of Contract or approval of the Request to Sublet shall notrelieve the Contractor of any responsibility to carry out the Contract; relieve theContractorofanyobligationsorliabilityundertheContractandtheContractorsbond;createaContractualrelationshipbetweentheContractingAgencyandtheSubcontrac-tor; or convey to the Subcontractor any rights against the Contracting Agency.

The Contractor shall assure that the Subcontractor has received the followingprovisions:

A. EEO Affirmative Action Requirements.

B. Labor Rates form, U.S. Department of Labor.

C. Required Contractor Provisions all Federal Aid Construction Contracts(FHWA--1273) and any addendums attached thereto.

D. Other federal aid provisions such as Buy America clauses.

104.03 ALTERATION AND CHANGE OF PLANS OR CHARACTER OFWORK.

The Engineer reserves the right to make, in writing, at any time during the work, suchchanges in quantities and such alterations in the work as necessary to satisfactorilycompletetheproject.SuchchangesinquantitiesandalterationsshallnotinvalidatetheContract nor release the surety, and the Contractor agrees to perform the work as al-tered. A Change Order will be executed to cover changes within the scope of theCon-

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104.03 B

tract. If the directed changes require additional time to complete the Contract, adjust-ments in Contract time will be made under Section 108.04.

TheContractorshall perform anyextraworkat unit bidprices exceptas provided else-where in this Section. When the Contract does not contain unit bid prices for the extrawork and the extra work is not covered by the Contract price schedule for miscella-neous items (PS-1), the Engineer and the Contractor shall either agree to a negotiatedunit price for the work or complete the work under Force Account as specified in109.04. When requested by the Engineer to prepare a unit price for extra work, theContractor shall provide a breakdownof labor, equipmentand materialsof theunitbidprice.

When extra work is performed solelyby a Subcontractor at a negotiated unit price,re-imbursement to the Contractor for overhead and profit will be in accordance with thefollowing:

Value of Extra Work bySubcontractor

Contractor Reimbursementfor Overhead and Profit

To $15,000 10%

Over $15,000 $1,500 + 5% of excess over $15,000

No additional Contractor reimbursementis allowed for workof a Subcontractorundercontract by a Subcontractor. Extra work completedby a Subcontractor at existing unit

bid prices is not eligible for additional Contractor reimbursement.

A. Significant Changes in the Character of Work. Ifthealterationsorchangesinquantities significantly change the character of the work under the Contract,

whether or not changed by any such different quantities or alterations, an adjust-ment, excluding lossof anticipated profits, willbe madeto theContract. Thebasisfor the adjustment shall be agreed upon prior to the performance of the work. If abasis cannotbe agreedupon,then an adjustment will be made eitherfor or againstthe Contractor in such amount the Engineer may determine to be fair and equita-ble. If theadjustment is notacceptable to theContractor, theEngineerwillmake adetermination based on Section 104.03.

If the alterations or changes in quantities do not significantlychange the characteroftheworktobeperformedundertheContract,thealteredworkwillbepaidforas

provided elsewhere in the Contract.The term significant change shall be construed to apply only to the followingcircumstances:

1. When the character of the work as altered differs materially in kind or naturefrom that involved or included in the original proposed construction, or

2. When a major item of work, as defined in Section 104.03 B, is increased inexcessof 125 percent or decreased below 75 percent of the original Contractquantity.

B. Increased or Decreased Quantities.Adjustmentsin unit pricesfor increasedordecreased quantities will be governed by the following:

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Amajoritemof workis defined asany Contractitem havinga value inexcessof 5percentofthetotaloriginalContractamount.Allotheritemsareminoritems.Anyadjustment to Contract Unit Prices for an increase in quantity shall apply only tothat portion in excess of 125 percent of original Contract item quantity, or in caseof a decrease below 75 percent, to the actual amount of work performed.

1. If the quantity of any major item of work required to completethe Project in-creases or decreasesfromthe original Contractquantity by 25 percent orless,payment will be made at the Contract Unit Price.

2. Should the original Contract quantity of one or more major items of work beincreased or decreased by more than 25 percent, either party to the Contractmaydemandthatasupplementalagreementbenegotiatedwithanadjustmentof unitprices satisfactoryto bothparties.Adequateevidenceshall be submit-tedto support therequest forContract Unit Price adjustments.Failureto sub-mitthe biddocuments will be considered as a waiver by theContractor of theright to recover any additional costs.

An adjusted unit price for the quantity of the item which is in excess of 125percent of theoriginalContractquantity will be negotiated on thebasisof theactual cost of that portion of the item in excess of 125 percent, plus a reason-able allowance for profit and applicable overhead.

An adjustment to the unit price for the quantity of the item which is less than

75 percent of the original Contract quantity will be considered if theContractor can prove, to the satisfaction of the Engineer, that the fixed ex-penseshavenotbeenrecoveredbecauseofthedecreasedquantityoftheitem.However, total payment for the item shall not exceed that amount which

would be made for 75 percent of the original Contract item at the ContractUnit Price.

The Contractor shallprovidewritten notice of intent to request an adjustmentto the bid price for underrun or overrun quantities. This notice shall be sub-mitted as per Section 104.06 A as soon as the Contractor is aware that anoverrun or underrun will occur that will require a price adjustment. This re-quest foradjustment of thebid price of underrun andoverrun quantities shallalso be governed by the requirements of Section 104.06 B.

3. If aggregate production equipment has been moved off the Project and there

is an increase in the quantity of aggregate, the Department will pay forremobilization.IftheequipmentisstillontheProjectandtheDepartmenthasnotified the Contractor of the increase in writing, no additional mobilizationpayment will be made.

4. A minor item will be paid for at the Contract Unit Price for the quantity re-quired to complete the work except when the quantity is increased to the ex-tent that the minor item becomes a major item. Unit price adjustment willthen be according to the Specifications for adjustment of major items as de-scribed herein.

C. Eliminated Items. If any items in the Contract are found unnecessary for propercompletion of the work, the Engineer may, upon written order to the Contractor,eliminate such items from the Contract. When items are eliminated, reimburse-

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mentwillbebasedonactualworkdoneandallcostsincurred,includingmobiliza-tion before notification. If the Contractor requests an adjustment above and be-yond payment at bid price for work done on the item eliminated, written noticeshall be provided as per Section 104.06 A. The Contractors request for extracompensation shall include the items required in Section 104.06 B.

104.04 DIFFERING SITE CONDITIONS.

During the progress of the work, if subsurface or latent physical conditions at the sitewhich differ materially from those indicated in the Contract; or if unknown physical

conditions of an unusual nature which differ materially fromthoseordinarilyencoun-tered andgenerally recognized as inherent in thework provided forin theContractareencountered at the site, the party discovering suchconditions shall promptlynotify theother party in writing of thespecificdiffering conditions beforethey aredisturbed andbefore the affected work is performed.

Upon written notification, the Engineer will investigate the conditions, and if he/shedeterminesthattheconditionsmateriallydifferandcauseanincreaseordecreaseinthecost or time required for the performance of any work under the Contract, an adjust-ment, excluding loss of anticipated profits, will be made and the Contract modified in

writing accordingly. The Engineer will notify the Contractor of his/her determinationwhether or not an adjustment of the Contract is warranted.

No Contract adjustment which results in a benefit to the Contractor will be allowedunless the Contractor has provided the required written notice.

There will be no Contract adjustment allowed on work not affected by the changedconditions.

Written notice of intent to file a claim, followed by the claim for extra compensationfor differing site conditions shall be as outlined in Section 104.06.

104.05 ADDITIONAL COMPENSATION FOR SUSPENSION OR DELAYOF WORK.

If the performance of all or any portion of the workis suspended or delayed by the En-gineer in writing for an unreasonable period of time (not originally anticipated, cus-tomary, or inherent to the construction industry) and the Contractor believesthataddi-tionalcompensationand/orContracttimeisdueasaresultofsuchsuspensionordelay,the Contractor shall submit to the Engineer in writing a request for adjustment within

seven calendar days of receipt of thenotice to resumework.The request shall setforththe reasons and support for such adjustment.

Upon receipt, the Engineer will evaluate the Contractors request. If the Engineeragrees that the cost and/or time required for the performance of the Contract has in-creased as a result of such suspension and the suspension was caused by conditionsbeyond the control of and not the fault of the Contractor, its suppliers, orSubcontractors at any approved tier, and not caused by weather, the Engineer willmakeanadjustment(excludingprofit)andmodifytheContractinwritingaccordingly.TheEngineer will notifythe Contractor of his/her determination whether or notan ad-

justment of the Contract is warranted.

No Contract adjustment will be allowed unless the Contractor has submitted the re-quest for adjustment within the time prescribed.

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No Contract adjustment will be allowed under this section to the extent that perform-ancewouldhavebeensuspendedordelayedbyanyothercause,orforwhichanadjust-ment is provided for or excluded under any other term or condition of this Contract.

TheContractors written noticeof intentto file a claim,followed by theclaim forextracompensationforsuspensionordelayofworkshallbeaspertherequirementsoutlinedin Section 104.06, exceptthatthe required noticetimeframe willbe asspecified in thisSection.

104.06 CLAIM FOR EXTRA COMPENSATION.

A. Notice of Intent to File a Claim. IftheContractorcontendsthatadditionalcom-pensation is due for work or material not clearly covered in the Contract, theContractor shall promptly notify the Engineer in writing of the intention to file aclaim and the basis for additional compensation before beginning or continuingconstruction on the affected work. If the basis for the claim does not become ap-parent until after proceeding with the work and it is not feasible to stop the work,the Contractor shall immediately notify the Engineer that work is continuing andthat written notification of the intent to file a claim will be submitted withinten calendar days. The failure to give the required notification or to provide theEngineer proper facilities and assistance in keeping strict account of actual costs

will constitute a waiver of the claim for additional compensation in connectionwith thework already performed. Notificationof a claim,and thefact that theEn-gineer haskept account of thecostsinvolved, shall notbe construedas proving or

substanti