101.01  General.  These Construction and Material Specifications are written to the Bidder before award of the Contract and to the Contractor after award of the Contract.  The sentences that direct the Contractor to perform Work are written as commands.  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 concrete.”  In the imperative mood, the subject “the Bidder” or “the Contractor” is understood.

All requirements to be performed by others have been written in the active voice.  Sentences written in the active voice identify the party responsible for performing the action.  For example, “The Engineer will determine the density of the compacted material.”  Certain requirements of the Contractor may also be written in the active voice, rather than the active voice and imperative mood, if the sentence includes requirements for others in addition to the Contractor.  For example, “After the Contractor provides initial written notice, the Engineer will revise the Contract as specified in 104.02.”

Sentences that define terms, describe a product or desired result, or describe a condition that may exist are written in indicative mood.  These types of sentences use verbs requiring no action.  For example, “The characteristics of the soils actually encountered in the subgrade may affect the quality of the cement and depth of treatment necessary.”

101.02  Abbreviations.  The following abbreviations, when used in the Contract Documents, represent the full text shown.

AAN              American Association of Nurserymen

AASHTO      American Association of State Highway and Transportation Officials

ACI                 American Concrete Institute

AISC              American Institute of Steel Construction

AISI                American Iron and Steel Institute

ANSI              American National Standards Institute

AREA            American Railway Engineering Association

ASCE             American Society of Civil Engineers

ASME            American Society of Mechanical Engineers

ASTM            American Society of Testing and Materials

AWG              American Wire Gauge

AWPA           American Wood Preservers’ Association

AWS              American Welding Society

AWWA         American Water Works Association

C&MS            Construction and Material Specifications of the Ohio Department of Transportation

DCE                District Construction Engineer

DDD               District Deputy Director

DET                District Engineer of Tests

DNR               Department of Natural Resources

EEI                  Edison Electric Institute

EPA                Environmental Protection Agency

FHWA           Federal Highway Administration, Department of Transportation

FSS                 Federal Specifications and Standards, General Services Administration

IEEE                Institute of Electrical and Electronic Engineers

IES                  Illuminating Engineering Society

IMSA             International Municipal Signal Association

IPCEA            Insulated Power Cable Engineers Association

ISSA               International Slurry Seal Association

ITE                  Institute of Transportation Engineers

JMF                Job Mix Formula

MSDS            Material Safety Data Sheets

NCHRP          National Cooperative Highway Research Program

NEMA           National Electrical Manufacturers Association

NIST               National Institute of Standards and Technology

NPDES           National Pollutant Discharge Elimination System

OAC               Ohio Administrative Code

ODOT            Ohio Department of Transportation

OMUTCD      Ohio Manual of uniform Traffic Control Devices

ORC                Ohio Revised Code

ORDC             Ohio Rail Development Commission

OSHA            Occupational Safety and Health Administration

PCC                Portland Cement Concrete

REA                Rural Electrification Administration

SSPC              Society for Protective Coatings

UL                   Underwriters’ Laboratories, Inc.


101.03  Definitions.  The following terms or pronouns, when used in the Contract Documents, are defined as follows:

Advertisement.  The public announcement, as required by law, inviting Bids for Work to be performed or materials to be furnished.

Award.  The written acceptance by the Director of a Bid.

Bid.  The offer of a Bidder, on the prescribed form properly signed and guaranteed, to perform the Work and to furnish the labor and materials at the prices quoted.

Bid Documents.  The Bid Documents include the Invitation for Bids, Addenda, Proposal, Expedite file, contract form and required bonds, Specifications, Supplemental Specifications, Special Provisions, general and detailed plans, Plan notes, standard construction drawings identified in the Plans, notice to contractor, and any other document designated by the Department as a Bid Document, all of which constitute one instrument.

Bidder.  An individual, firm, or corporation submitting a Bid for the advertised Work, acting directly or through the duly authorized representative, and qualified as provided in ORC 5525.02 to 5525.09.

Bridge.  A structure, including supports, erected over a depression or an obstruction, such as water, a highway, or a railway, and having a track or passageway for carrying traffic or other moving loads and having a length measured along the center of roadway of 10 feet (3.048 m) or more between undercopings of abutments or extreme limits of openings for multiple boxes.

A.      Length.  The length of a bridge structure is the over‑all length measured along the centerline of the roadway surface.

B.      Roadway Width.  The clear width measured at right angles to the longitudinal centerline of the bridge between the bottom of curbs or guard timbers or, in the case of multiple heights of curbs, between the bottoms of the lower risers.  For curb widths of 1 foot (0.3 m) or less, the roadway width is measured between parapets or railings.

Calendar Day or Day.  Every day shown on the calendar.

Certified Test Data.  A test report from a manufacturer’s or an independent laboratory approved by the Director listing actual test results of samples tested for compliance with specified Department requirements.  The Department will accept certified test data from manufacturers’ laboratories if their products have been used satisfactorily on prior Department contracts and their test data has been confirmed.  Include a statement that the test data furnished is representative of the material furnished to a Department project or to a supplier.  The report is identified by number or date and identifies the Department project or supplier to which the material is shipped.  Submit reports signed by a person having legal authority to act for the manufacturer or independent laboratory.

Change Order.  A written order issued by the Director to the Contractor, covering changes in the plans or quantities, or both, within or beyond the scope of the Contract and establishing the basis of payment and time adjustments for the work affected by the changes.

Completion Date.  The date, as shown in the Contract Documents, on which the Work contemplated shall be completed.

Contract.  The written agreement between the Department and the Contractor setting forth the obligations of the parties, including, but not limited to, the performance of the Work and the basis of payment.

Contract Bond.  The approved forms of security, executed by the Contractor and its Sureties, guaranteeing complete execution of the Work as required by the Contract Documents and the payment of all legal debts pertaining to the construction of the Project which security shall comply with and be subject to ORC 5525.16 and 5525.13, and related provisions.

Contract Documents.  The Contract Documents include the Invitation for Bids, Addenda, Proposal, contract form and required bonds, Specifications, Supplemental Specifications, Special Provisions, general and detailed plans, Plan notes, standard construction drawings identified in the Plans, notice to contractor, Change Orders, Supplemental Agreements, Extra Work Contracts, and any other document designated by the Department as a Contract Document, all of which constitute one instrument.

Contract Item (Pay Item).  A specifically described unit of Work for which a price is provided in the Contract.

Contract Time.  The number of workdays or calendar days, including authorized adjustments, allowed for completion of the Project.  When a specified Completion Date is shown in the Contract Documents instead of the number of workdays or calendar days, completion of the Project shall occur on or before that date.  Specified Completion Date and Calendar Day Contracts shall be completed on or before the day indicated even when that date is a Saturday, Sunday, or holiday.

Contractor.  The individual, firm, or corporation contracting with the Department for performance of prescribed Work, acting directly or through a duly authorized representative and qualified under the provisions of ORC 5525.02 to 5525.09 inclusive, and any amendments thereto.

County.  The designated county in which the Work specified is to be done.

Culvert.  Any structure not classified as a Bridge that provides an opening under the roadway.

Department.  The Department of Transportation, State of Ohio.

Director.  Administrative head of the Department appointed by the Governor.

Engineer.  Duly authorized agent of the Department acting within the scope of its authority for purposes of engineering and administration of the Contract.

Equipment.  All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acceptable completion of the Work.

Extra Work.  An item of Work not provided for in the Contract as awarded but found essential to the satisfactory completion of the Contract within its intended scope.

Extra Work Contract.  A Contract concerning the performance of Work or furnishing of materials involving Extra Work.  Such Extra Work may be performed at agreed prices or on a force account basis as provided in ORC 5525.14.

Fabricator.  The individual, firm, or corporation that fabricates structural metals or prestressed concrete members as an agent of the Contractor.

Final Inspector.  An Engineer appointed by the DDD who inspects the completed Work and accepts it if it complies with the Contract Documents.

Inspector.  The Engineer’s authorized representative assigned to make detailed inspections of Contract performance.

Invitation for Bids.  The invitation for Proposals for all Work on which Bids are required.  Such Proposal will indicate with reasonable accuracy the quantity and location of the Work to be done or the character and quality of the material to be furnished and the time and place of the opening of Proposals.

Laboratory.  The testing laboratories of the Department, including the Office of Materials Management located at 1600 West Broad Street, Columbus, Ohio, and various District testing facilities.

Materials.  Any materials or products specified for use in the construction of the Project and its appurtenances.

Plans.  The plans, profiles, typical cross-sections, standard construction drawings, working drawings, and supplemental drawings, approved by the Department, or exact reproductions thereof, that show the location, character, dimensions, and details of the Work.

Profile Grade.  The trace of a vertical plane intersecting the top surface of the proposed wearing surface, usually along the longitudinal centerline of the roadbed.  Profile grade means either elevation or gradient of such trace according to the context.

Project Right-of-Way.  That portion of the Right-of-Way between the beginning and end of the Project.

Project.  The specific section of the highway together with all appurtenances and Work to be performed thereon under the Contract.

Proposal.  The approved form on which the Department requires Bids to be prepared and submitted for the Work.

Proposal Guaranty.  The security furnished with a Bid to guarantee that the Bidder will enter into the Contract if its Bid is accepted.

Questionnaire.  The specified forms on which the Contractor shall furnish required information as to its ability to perform and finance the Work required under ORC 5525.01.

Reasonably Close Conformity.  Reasonably close conformity means compliance with reasonable and customary manufacturing and construction tolerances where working tolerances are not specified.  Where working tolerances are specified, reasonably close conformity means compliance with such working tolerances.  Without detracting from the complete and absolute discretion of the Engineer to insist upon such tolerances as establishing reasonably close conformity, the Engineer may accept variations beyond such tolerances as reasonably close conformity where they will not materially affect the value or utility of the Work and the interests of the Department.

Registered Engineer.  An engineer registered with the Ohio State Board of Registration for Professional Engineers and  Surveyors to practice professional engineering in the State of Ohio

Registered Surveyor.  A surveyor registered with the Ohio State Board of Registration for Professional Engineers and Surveyors to practice professional surveying in the State of Ohio.

Right‑of‑Way.  A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a highway.

Road.  A general term denoting a public way for purposes of vehicular travel, including the entire area within the Right‑of‑Way, as defined in ORC 5501.01.

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

Roadside.  The areas between the outside edges of the shoulders and the Right‑of‑Way boundaries.  Unpaved median areas between inside shoulders of divided highways and infield areas of interchanges are included.

Roadside Development.  Those items necessary to the highway that provide for the preservation of landscape materials and features; the rehabilitation and protection against erosion of all areas disturbed by construction through seeding, sodding, mulching, and the placing of other ground covers; such suitable planting; and other improvements as may increase the effectiveness and enhance the appearance of the highway.

Roadway.  The portion of a highway within limits of construction.

Shoulder.  The portion of the roadway contiguous to the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.

Sidewalk.  That portion of the roadway primarily constructed for the use of pedestrians.

Signatures on Contract Documents.  All signatures on Contract Documents must meet the requirements of 102.06.

Special Provisions.  Additions and revisions to the standard and Supplemental Specifications covering conditions peculiar to an individual Project.

Specifications.  The directions, provisions, and requirements contained herein as supplemented by the Supplemental Specifications and Special Provisions.

State.  The State of Ohio acting through its authorized representative.

Street.  A general term denoting a public way for purpose of vehicular travel, including the entire area within the Right‑of‑Way.

Structures.  Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drains, and other features that may be encountered in the Work and not otherwise classed herein.

Subcontractor.  An individual, firm, or corporation to whom the Contractor sublets part of the Contract to be performed on the job site, who prior to such undertaking receives the written consent of the Director, and who is qualified under ORC 5525.02 through 5525.09 inclusive.

Subgrade.  The portion of a Roadbed upon which the pavement structure and shoulders are constructed.

Substructure.  All of that part of the structure below the bearings of simple and continuous spans, skewbacks of arches, and tops of footings of rigid frames, together with backwalls and wings.

Superintendent.  The Contractor’s authorized representative in responsible charge of the Work.

Superstructure.  The entire structure except the Substructure.

Supplement.  A list of requirements for fabrication plants, methods of test, or other miscellaneous requirements that are maintained on file in the Office of the Director.

Supplemental Agreement.  A written agreement executed by the Contractor and by the Director covering necessary alterations.

Supplemental Specifications.  Detailed specifications supplemental to or superseding these Specifications.

Surety.  The corporation, partnership, or individual, other than the Contractor, executing a bond furnished by the Contractor.

Titles (or Headings).  The titles or headings of the sections and subsections herein are intended for convenience of reference and shall not be considered as having any bearing on their interpretation.

Waters of the united States.  Waters that are under the jurisdiction of the Corps of Engineers under the Clean Water Act as defined by 33 CFR Ch. II Part 328, which as applied to Ohio means: the Ohio River and Lake Erie and any other river, stream, creek, lake, pond, or wetland that drains directly or indirectly into the Ohio River or Lake Erie.

Work.  The furnishing of all labor, materials, equipment, tools, transportation, supplies, and other incidentals and performance of all tasks necessary for the successful completion of the Project or specific part of the Project, as described by the Contract Documents.

Workday.  A calendar day that the Contractor normally works.

Working Drawings.  Stress sheets, shop drawings, erection plans, falsework plans, frame work plans, cofferdam plans, bending diagrams for reinforcing steel, or any other supplementary plans or similar data that the Contractor is required to submit for acceptance.

101.04  Interpretations.  In order to avoid cumbersome and confusing repetition of expressions in these Specifications, it is provided that whenever anything is, or is to be, done, if, as, or, when, or where “contemplated, required, determined, directed, specified, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned,” it shall be understood as if the expression were followed by the words “by the Engineer” or “to the Engineer.”