100  GENERAL PROVISIONS

101  DEFINITIONS AND TERMS

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

AC                  Asphalt Cement (pavement), Alternating Current (traffic)

ACBF             Air Cooled Blast Furnace slag (aggregate)

ACI                American Concrete Institute

ACIA             Asynchronous Communications Interface Adapter (traffic controller)

ADT               Average Daily Traffic

ADTT             Average Daily Truck Traffic

AIC                Amps Interrupting Capacity

AISC              American Institute of Steel Construction

AISI               American Iron and Steel Institute

ANFO             Ammonium Nitrate Fuel Oil

ANSI              American National Standards Institute

AOS                Apparent Opening Size (fabric)

AREA            American Railway Engineering Association

ASCE             American Society of Civil Engineers

ASME            American Society of Mechanical Engineers

ASTM            American Society of Testing and Materials

ATFDB          Asphalt treated Free Draining Base

AWG              American Wire Gauge

AWPA            American Wood Preservers' Association

AWS               American Welding Society

AWWA          American Water Works Association

BBR               Bending Beam Rheometer (asphalt test)

BMP               Best Management Practice (erosion)

BOF                Basic Oxygen Furnace (aggregate)

BSG                Bulk Specific Gravity

BTEX             Benzene, toluene, ethyl benzene, and xylene (a soil test)

BUSTR          Bureau of Underground Storage Tank Regulations (Division of Fire Marshal)

C&MS           Construction and Material Specifications

CAPWAP      Case Pile Wave Analysis Program

CBAE            Cut Back Asphalt Emulsion

CCRL            Cement and Concrete Reference Laboratory

CCS                Crushed Carbonate Stone

CECI              Contactors Erosion Control Inspector

CFR                Code of Federal Regulations

CIE                 Commission Internationale d'Eclairage (illumination)

CPESC           Certified Professional in Erosion and Sediment Control

CRS                Cationic Rapid Set (asphalt emulsion)

CRSI              Concrete Reinforcing Steel Institute

CSS                Cationic Slow Set (asphalt emulsion)

CVN               Charpy V-notch (steel test)

CWT              Hundred Weight (100 lbs)

DC                  Direct Current

DCE               District Construction Engineer

DDD               District Deputy Director

DET                District Engineer of Tests

DGE               District Geotechnical Engineer

DLS                Data Logging System (traffic markings)

DNR               Department of Natural Resources

DRC               Dry Rodded Condition (asphalt test)

DSR                Dynamic Shear Rheometer (asphalt test)

DZA               Deficient Zone Average (concrete test)

EAF                Electric Arc Furnace

EDA               Earth Disturbing Activity

EEI                 Edison Electric Institute

EIA                 Electronic Industries Alliance

EPA                Environmental Protection Agency

EQS                Exceptional Quality Solids (compost)

FAA                Fine Aggregate Angularity (asphalt aggregate)

FCM               Fracture Critical Member (steel test)

FEMA            Federal Emergency Management Agency

FHWA           Federal Highway Administration, Department of Transportation

FRP                Fiber Reinforced Polymer

FSS                 Federal Specifications and Standards, General Services Administration

GGBFS          Ground Granulated Blast Furnace Slag

GS                   Granulated Slag

HDPE             High Density Polyethylene

HFRS             High Float Rapid Setting (emulsion)

HMWM         High Molecular Weight Methacrylate

ICEA              Insulated Cable Engineers Association

IEEE              Institute of Electrical and Electronic Engineers

IES                 Illuminating Engineering Society

IMSA             International Municipal Signal Association

IPCEA           Insulated Power Cable Engineers Association

IPS                  International Pipe Standard

ISSA               International Slurry Seal Association

ITE                 Institute of Transportation Engineers

IZEU              Inorganic Zinc Epoxy Urethane

JMF                Job Mix Formula

LED                Light Emitting Diode

LWT               Loaded Wheel Test (asphalt test)

MBF               Thousand Board Feet (wood)

MC                 Medium Cure (asphalt emulsion)

MCB              Microchannel Bus (traffic controller)

MMK             Blaw-Knox Materials Management Kit

MOV              Metal Oxide Varistor (traffic controller)

MPI                Magnetic Particle Inspection (steel test)

MSDS            Material Safety Data Sheets

MSG               Maximum Specific Gravity (asphalt)

MTD              Maximum Theoretical Density (asphalt)

NACE            National Association of Corrosion Engineers

NCHRP         National Cooperative Highway Research Program

NEMA           National Electrical Manufacturers Association

NHI                National Highway Institute

NIST              National Institute of Standards and Technology

NOI                Notice of Intent

NPDES           National Pollutant Discharge Elimination System

OAC               Ohio Administrative Code

ODOT            Ohio Department of Transportation

OEPA             Ohio Environmental Protection Agency

OH                  Open Hearth (aggregate)

OHWM          Ordinary High Water Mark

OMM             Office of Materials Management (the Lab)

OMUTCD     Ohio Manual of Uniform Traffic Control Devices

ORC               Ohio Revised Code

ORDC            Ohio Rail Development Commission

OSHA            Occupational Safety and Health Administration

OTE                Office of Traffic Engineering

OWPCA         Ohio Water Pollution Control Act

OZEU             Organic Zinc Epoxy Urethane

PAT                Project Average Thickness (concrete test)

PAV                Pressure Aging Vessel (asphalt test)

PB                   Polybutylene (conduit)

PCC                Portland Cement Concrete

PCS                Petroleum Contaminated Soil

PDA                Pile Dynamic Analysis (steel piling)

PE                   Polyethylene (conduit)

PG                   Performance Grade (asphalt test)

pH                  Potential of Hydrogen

PLS                 Pure Live Seed

PVC                Polyvinyl chloride

QA                  Quality Assurance

QC                  Quality Control

QCFS             Quality Control Fabricator Specialist (structures)

QCP                Quality Control Program, or Quality Control Points (steel test)

QCQC            Quality Control Qualification Committee

QPL                Qualified Products List

RACP             Reclaimed Asphalt Concrete Pavement

RAP                Recycled Asphalt Pavement

RC                  Rapid Cure (asphalt emulsion)

REA               Rural Electrification Administration

RFI                 Radio Frequency Interference (traffic controller)

RH                  Relative Humidity

RMS               Root Mean Square (traffic controller)

RPCC             Recycled Portland Cement Concrete

RPM               Raised Pavement Marker (traffic)

RS                   Rapid Set (asphalt emulsion)

RTFO             Rolling Thin-Film Oven (asphalt test)

RUS                Rural Utilities Service

SAE                Society of Automotive Engineers

SBA                Styrene Butadiene Amene

SBR                Styrene Butadiene Rubber

SBS                Styrene Butadiene Styrene

SCD                Standard Construction Drawing

SF                   Standard Fabricated members (structures)

SI                    International System of Units (Metric)

SMA               Stone Matrix Asphalt

SPD                Surge Protection Device (traffic controller)

SPST              Single Pole / Single Throw (traffic controller)

SS                   Slow Set (asphalt emulsion)

SSD                Saturated Surface Dry (aggregate)

SSPC              Society for Protective Coatings

SWPPP           Storm Water Pollution Prevention Plan

TCE                Trichloroethylene

TMPTA         Tri-methyolpropane Tri-acrylate (paint)

TNP                Total Neutralizing Power

TODS             Tourist-Oriented Directional Signs

TSEC             Temporary Sediment and Erosion Control

TSR                Tensile Strength Ratio (asphalt test)

UF                   Unique Fabricated members (structures)

UL                  Underwriters' Laboratories, Inc

USACE          United States Army Corps of Engineers

USC                United States Code

VA                  Verification Acceptance

VAC               Volts Alternating Current

VCA               Volume of Coarse Aggregate (asphalt test)

VECP             Value Engineering Change Proposal

VMA              Voids in the Mineral Aggregate 

VME              VersaModule Eurocard (traffic controller)

WDT              Watchdog Timer

WEAP            Wave Equation Analysis (steel piling)

WPS               Welding Procedure Specification (steel test)

WZRPM        Work Zone Raised Pavement Marker (traffic)

XCU               Explosion, Collapse and Underground

 

 

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 to the terms and conditions, plans and/or quantities, within or beyond the scope of the Contract and establishing the basis of payment and time adjustments for the work affected by the changes.

Claims.  Disputes that are not settled through Steps 1 and 2 of the Dispute Resolution and Administrative Claim Process and for which the Contractor has documented costs or time incurred as a result of such disputes. The Dispute becomes a Claim when the Contractor submits a Notice of Intent to File a Claim.

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 Price.  The amount of compensation bid by the Contractor for a Contract Item in the Proposal or the amount of compensation established for a Contract Item added or modified pursuant to the Contract Documents. 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.

Disputes. Disagreements, matters in question and differences of opinion between the Department’s personnel and the Contractor that may include a request for additional money and/or time.

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 drawings, standard construction drawings and supplemental drawings provided by the Department that show the location, character, dimensions, and details of the Work.

Prebid Question. A written inquiry submitted by a prospective bidder.

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.

Shop Drawings. The drawings provided by the Contractor or Supplier that describe any portion of the Work that will remain in place permanently.

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.  All labor, materials, equipment, tools, transportation, supplies, and other incidentals and all tasks that comprise the project or any portion thereof, 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, installation plans, certified drawings, 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.

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.”