Attachment 7 - ODOT 2019 -FULL-SPEC-Web-Version.pdf
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- Attached to
- Fort Sill MATOC - Solicitation Federal contract opportunity
- Solicitation number
- W9124L-23-B-0001
About this file
This document summarizes a solicitation for a Multiple Award Task Order Contract (MATOC) to provide maintenance, repair, and minor construction services at Fort Sill. The solicitation was issued by the Department of the Army Materiel Command Mission and Installation Contracting Command Fort Eustis as number W9124L-23-B-0001. Services required under the potential IDIQ contracts include general construction in multiple disciplines such as demolition, repair, alteration of buildings, HVAC, civil, structural, mechanical, painting, roofing, paving, and incidental related work to support real property maintenance and repair at Fort Sill. The scope of work covers a broad range of construction affecting real property and may consist of multiple tasks orders over the life of the contracts.
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Text version
Oklahoma Department of Transportation
Standard Specifications
For
Highway Construction
Attachment 7 - ODOT 2019 - FULL - SPEC - Web-Version W9124L-23-B-0001 Fort Sill MATOC
Attachment 7 - ODOT 2019 - FULL - SPEC - Web-Version
Oklahoma Department of Transportation
Transportation Commission
At-Large Chairman – Gene McKown, Norman
Division 1 Member – Bob Coburn, Muskogee Division 2 Member – James Grimsley, Calera Division 3 Secretary – T.W. Shannon, Oklahoma City Division 4 Member – Don Freymiller, Edmond Division 5 Member – David Dyson, Elk City Division 6 Member – Bobby J. Alexander, Woodward Division 7 Member – Steve LaForge, Chickasha Division 8 Vice – Chairman - Bob Peterson, Tulsa
Secretary of Transportation
Tim Gatz
PREFACE
These Special Provisions, with the exception of Section 100, are generally written in the imperative mood and active voice. In sentences using the imperative mood, the subject, “the contractor,” is implied. Reference to the contractor is also implied in this language by the use of “shall,” “shall be,” or similar words and phrases. In Material specifications, the subject may also be the supplier, fabricator, or manufacturer supplying material, products, or equipment for use on the project.
Whenever “directed,” “required,” “prescribed,” or other similar words are used, the
“direction,” “requirement,” or “order” of the Engineer/Resident Engineer is intended. Similarly, whenever “approved,” “acceptable,” “suitable,” “satisfactory,” or other similar words are used, the words mean “approved by,” “acceptable to,” or “satisfactory to” the Engineer. The word
“will” generally pertains to decisions or actions of the Engineer.
PURPOSE, INTENT AND INTERPRETATION OF SPECIFICATIONS
The purpose of these Specifications is to establish, where applicable, minimum acceptable standards or a range for acceptable results. It is the intent of these Specifications that the Contractor be fully and exclusively responsible for producing an acceptable end product.
In producing this end product, the Contractor shall exercise control of the project.
Department of Transportation personnel, except where specifically provided for herein, will make inspections for the State to document that an acceptable product is being produced.
Interpretation of these specifications will be done in such a manner as to allow the
Contractor to control his/her project to the greatest degree possible in producing an end result product, which is in all respects acceptable. These Specifications should not, however, be interpreted in any manner which allows a Contractor to produce an unacceptable product or endanger the traveling public. An acceptable end result product is the essence of the Contract.
Only projects in substantial conformance with the Plans and Specifications will be accepted by the Department of Transportation.
In order to avoid cumbersome and confusing repetition of expressions in theses 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.”
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TABLE OF CONTENTS
SECTION: PAGE NO.:
CHAPTER 100 GENERAL PROVISIONS
SECTION 101 GENERAL INFORMATION, DEFINITIONS AND TERMS
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
SECTION 103 AWARD AND EXECUTION OF CONTRACT
SECTION 104 SCOPE OF WORK
SECTION 105 CONTROL OF WORK
SECTION 106 CONTROL OF MATERIAL
SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
SECTION 108 PROSECUTION AND PROGRESS
SECTION 109 MEASUREMENTS AND PAYMENT
CHAPTER 200 SOILS
SECTION 201 CLEARING AND GRUBBING
SECTION 202 EARTHWORK
SECTION 203 TEST ROLLING
SECTION 205 SALVAGING TOPSOIL
SECTION 208 CLAY PLATING
SECTION 209 MACHINE GRADING
SECTION 210 OBLITERATING ABANDONED ROAD
SECTION 220 MANAGEMENT OF EROSION, SEDIMENTATION, AND STORM WATER POLLUTION
PREVENTION
SECTION 221 TEMPORARY SEDIMENT CONTROL
SECTION 228 EROSION CONTROL MAT
SECTION 229 DITCH LINER PROTECTION
SECTION 230 SODDING AND SPRIGGING
SECTION 231 PLANTING
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SECTION 232 SEEDING
SECTION 233 MULCHING
SECTION 234 FERTILIZING AND AGRICULTURAL LIMING
SECTION 241 MOWING
CHAPTER 300 BASES
SECTION 301 GENERAL REQUIREMENTS FOR BASES
SECTION 303 AGGREGATE BASE
SECTION 305 CALICHE BASE
SECTION 307 SUBGRADE TREATMENT
SECTION 310 SUBGRADE
SECTION 311 PROCESSING EXISTING BASE AND SURFACE
SECTION 317 CEMENT TREATED BASE
SECTION 318 ECONOCRETE BASE
SECTION 319 OPEN-GRADED BASES
SECTION 325 SEPARATOR FABRIC FOR BASES
SECTION 326 GEOSYNTHETIC REINFORCEMENT
CHAPTER 400 GENERAL REQUIREMENTS FOR SURFACES
SECTION 401 GENERAL REQUIREMENTS FOR SURFACES
SECTION 402 TRAFFIC-BOUND SURFACE COURSE
SECTION 403 CHIP SEAL
SECTION 404 ULTRA-THIN BONDED WEARING COURSE
SECTION 405 PERMEABLE FRICTION COURSE
SECTION 406 OPEN-GRADED FRICTION SURFACE COURSE
SECTION 407 FOG SEAL AND TACK COAT
SECTION 408 PRIME COAT
SECTION 409 FABRIC REINFORCEMENT FOR ASPHALT PAVEMENT
SECTION 410 MICRO SURFACING
SECTION 411 HOT MIX ASPHALT / WARM MIX ASPHALT
SECTION 412 COLD-MILLING PAVEMENT
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SECTION 413 RUMBLE STRIP
SECTION 414 PORTLAND CEMENT CONCRETE PAVEMENT
SECTION 415 CONCRETE JOINT SEALING
SECTION 416 DOWEL BAR RETROFIT
SECTION 425 DIAMOND GRINDING CONCRETE PAVEMENT
SECTION 426 PRESSURE GROUTING PAVEMENT
SECTION 433 RUBBLIZING PORTLAND CEMENT CONCRETE PAVEMENT
SECTION 440 ASPHALT SAFETY EDGE
CHAPTER 500 STRUCTURES
SECTION 501 EXCAVATION AND BACKFILL FOR STRUCTURES
SECTION 502 FORMS, FALSEWORK, AND TEMPORARY WORKS
SECTION 503 PRESTRESSED CONCRETE BRIDGE MEMBERS
SECTION 504 BRIDGE DECKS, APPROACHES, RAILS, AND PARAPETS
SECTION 505 OVERLAY OF CONCRETE BRIDGE DECKS
SECTION 506 STRUCTURAL STEEL
SECTION 507 BEARING ASSEMBLIES
SECTION 508 CONCRETE CULVERTS
SECTION 509 STRUCTURAL CONCRETE
SECTION 510 EARTH RETAINING SYSTEMS AND SOUND BARRIER WALLS
SECTION 511 REINFORCING STEEL FOR STRUCTURES
SECTION 512 PAINTING
SECTION 513 REPAIR OF CONCRETE BRIDGE DECKS
SECTION 514 DRIVEN FOUNDATION PILES
SECTION 515 PENETRATING WATER REPELLENT TREATMENT
SECTION 516 DRILLED SHAFT FOUNDATIONS
SECTION 517 POST-TENSIONING
SECTION 518 CONSTRUCTION JOINTS AND EXPANSION DEVICES
SECTION 520 STRUCTURAL CONCRETE REPAIR BY SEALING AND INJECTION
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SECTION 521 PNEUMATICALLY APPLIED MORTAR
SECTION 523 CONCRETE SURFACE REPAIR BY SEALING
SECTION 535 SURFACE APPLIED PENETRATING CORROSION INHIBITORS
CHAPTER 600 INCIDENTAL CONSTRUCTION
SECTION 601 RIPRAP
SECTION 602 GABIONS AND REVETMENT MATTRESSES
SECTION 603 STEEL JETTY BANK PROTECTION
SECTION 609 INTEGRAL CURB, COMBINED CURB AND GUTTER, BITUMINOUS CURB AND CONCRETE
CURB
SECTION 610 CONCRETE OR ASPHALT SIDEWALKS, DRIVEWAYS, DIVIDING STRIPS, AND TACTILE
WARNING DEVICES
SECTION 611 MANHOLES, DROP OR CURB INLETS, AND JUNCTION BOXES
SECTION 612 ADJUSTMENT OF EXISTING STRUCTURES
SECTION 613 DRAINAGE CONDUITS
SECTION 614 WICK DRAINS AND STRIP DRAINS
Section 615 SANITARY SEWER PIPE CONDUITS
SECTION 616 WATER PIPE AND FITTINGS
SECTION 619 REMOVAL OF BUILDINGS, STRUCTURES, AND OBSTRUCTIONS
SECTION 620 REMOVAL OF UNDERGROUND STORAGE TANKS
SECTION 622 PIPE RAILING AND MISCELLANEOUS PIPE WORK
SECTION 623 GUARDRAIL AND END TREATMENTS
SECTION 624 FENCES
SECTION 625 REMOVAL AND STORAGE OR RECONSTRUCTION OF FENCING AND GUARDRAIL
SECTION 626 MONUMENTS
SECTION 627 CONCRETE LONGITUDINAL BARRIER
SECTION 628 HIGH-TENSION CABLE BARRIER
SECTION 629 MAILBOXES
SECTION 640 FIELD OFFICE OR LABORATORY
SECTION 641 MOBILIZATION
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SECTION 642 CONSTRUCTION STAKING
CHAPTER 700 MATERIALS
SECTION 701 PORTLAND CEMENT CONCRETE
SECTION 702 SUPPLEMENTARY CEMENTITIOUS MATERIALS
SECTION 703 BASES AND MISCELLANEOUS AGGREGATES
SECTION 705 SELECT BORROW
SECTION 706 LIME
SECTION 707 THIN SURFACE COURSES
SECTION 708 PLANT MIX BITUMINOUS BASES AND SURFACES
SECTION 709 ELECTRICAL CONDUIT
SECTION 710 DELINEATORS
SECTION 711 TRAFFIC STRIPE
SECTION 712 CONSTRUCTION FABRICS
SECTION 713 EROSION CONTROL STONE
SECTION 714 MASONRY BRICK
SECTION 719 SIGNS
SECTION 720 OVERHEAD ALUMINUM TRUSS SIGN STRUCTURES
SECTION 721 GALVANIZED STEEL SIGN POSTS
SECTION 723 REINFORCING STEEL
SECTION 724 STRUCTURAL STEEL
SECTION 725 MISCELLANEOUS METALS
SECTION 726 DRAINAGE CONDUITS
SECTION 730 PAINT FOR STRUCTURAL STEEL
SECTION 731 TIMBER PRESERVATIVES AND TREATMENT
SECTION 732 MATERIALS FOR GUARD RAIL, GUIDE POSTS, BRIDGE RAIL, MISCELLANEOUS RAILING, AND
FENCES
SECTION 733 MISCELLANEOUS MATERIALS
SECTION 735 MATERIAL FOR ROADSIDE DEVELOPMENT AND EROSION CONTROL
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SECTION 736 PAVEMENT MARKERS
SECTION 737 CONCRETE SURFACE FINISH FOR STRUCTURES
SECTION 738 ELECTRICAL CONDUCTORS
SECTION 739 PULL BOXES
SECTION 740 TRAFFIC SIGNAL BACKPLATES
CHAPTER 800 TRAFFIC CONTROL FACILITIES
SECTION 801 PERFORMANCE AND OPERATIONAL TESTS FOR HIGHWAY LIGHTING AND TRAFFIC SIGNALS
SECTION 802 ELECTRICAL CONDUIT
SECTION 803 PULL BOXES AND GROUND BOXES
SECTION 804 CONCRETE FOOTINGS
SECTION 805 REMOVAL OF TRAFFIC ITEMS
SECTION 806 POLES AND MAST ARMS
SECTION 807 BREAKAWAY BASES - HIGHWAY LIGHTING
SECTION 808 PIER-MOUNTED POLE BRACKETS
SECTION 809 LUMINAIRES
SECTION 810 POWER SUPPLIES
SECTION 811 ELECTRICAL CONDUCTORS HIGHWAY LIGHTING
SECTION 812 HIGH MAST POLES
SECTION 813 HIGH MAST LOWERING DEVICE
SECTION 825 TRAFFIC SIGNAL CONTROLLER ASSEMBLY
SECTION 827 SOLID-STATE FLASHING CONTROLLER
SECTION 828 VEHICLE LOOP DETECTOR AND LOOP DETECTOR WIRE
SECTION 830 PEDESTRIAN PUSH BUTTON
SECTION 831 TRAFFIC SIGNAL HEADS
SECTION 832 OPTICALLY-PROGRAMMED ADJUSTABLE TRAFFIC SIGNAL HEADS
SECTION 833 TRAFFIC SIGNAL BACKPLATES
SECTION 834 ELECTRICAL CONDUCTORS FOR TRAFFIC SIGNALS
SECTION 836 REGULATORY OR WARNING SIGN ASSEMBLY
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SECTION 849 RAILROAD-HIGHWAY CROSSBUCK SIGNS
SECTION 850 SIGNS
SECTION 851 GALVANIZED STEEL SIGN POSTS
SECTION 852 OVERHEAD SIGN STRUCTURES
SECTION 853 DELINEATORS
SECTION 854 TRAFFIC STRIPE (PAINT)
SECTION 855 TRAFFIC STRIPE (PLASTIC)
SECTION 856 TRAFFIC STRIPE (MULTI-POLYMER)
SECTION 857 CONSTRUCTION ZONE PAVEMENT MARKINGS
SECTION 858 PAVEMENT MARKERS
SECTION 870 SAND-FILLED IMPACT ATTENUATION MODULES
SECTION 876 TRUCK MOUNTED IMPACT ATTENUATORS
SECTION 877 PORTABLE LONGITUDINAL BARRIER
SECTION 878 MODULAR GLARE SCREEN
SECTION 880 CONSTRUCTION SIGNING AND TRAFFIC CONTROL
SECTION 882 CHANGEABLE MESSAGE SIGN
SECTION 884 BRIDGE GUARDRAIL RETROFITS
CHAPTER 100
GENERAL PROVISIONS
SECTION: PAGE NO.:
SECTION 101 GENERAL INFORMATION, DEFINITIONS AND TERMS
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
SECTION 103 AWARD AND EXECUTION OF CONTRACT
SECTION 104 SCOPE OF WORK
SECTION 105 CONTROL OF WORK
SECTION 106 CONTROL OF MATERIAL
SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC
SECTION 108 PROSECUTION AND PROGRESS
SECTION 109 MEASUREMENTS AND PAYMENT
GENERAL INFORMATION, DEFINITIONS AND TERMS 101.02
SECTION 101
GENERAL INFORMATION, DEFINITIONS AND TERMS
101.01 PURPOSE, INTENT, AND INTERPRETATION OF SPECIFICATIONS
The purpose of these Specifications is to establish, where applicable, minimum acceptable standards or a range for acceptable results. It is the intent of these Specifications that the Contractor be fully and exclusively responsible for producing an acceptable end product.
In producing this end product, exercise control of the Project. The Contractor may deviate from any method required by these Specifications if the following conditions are met:
Such deviation will produce an end product substantially similar to the end product that would have resulted from the method required by these Specifications; and
The Department approves of such deviation.
Oklahoma Department of Transportation (Department) personnel, except where specifically provided for in these Specifications, will make inspections for the State to document that the Contractor is producing an acceptable product.
The Department will interpret these Specifications to allow the Contractor to control the Project to the greatest degree possible in producing an end result product that is in all respects acceptable. These Specifications should not, however, be interpreted in any manner that allows a Contractor to produce an unacceptable product or endanger the traveling public. An acceptable end product is the essence of the Contract. The Department will only accept the Work performed by the Contractor if the Work substantially meets the Contract requirements as defined by the Contract documents. The Department presumes that references in these Specifications to manuals and standardized industrial guides are references to the latest published edition, unless otherwise specified.
The titles or headings of the sections and subsections of these Specifications are intended for the convenience of reference and shall not have any bearing on their interpretation.
101.02 ACTIVE VOICE, IMPERATIVE MOOD
The Department has rewritten this edition of the Standard Specifications for Highway Construction with an emphasis on the active voice. In a sentence written in the active voice, someone acts on something. For example: "The Resident Engineer will take a sample." A similar sentence in the passive voice— "A sample will be taken" —would be unclear about who was responsible for taking the sample.
This edition of the Standard Specifications also makes use of the imperative mood. The imperative mood is used when the party issuing an instruction and the party receiving it are already understood. In these Standard Specifications, the Department is stating its requirements or directions for the Work to the Contractor; such statements have the same force as if they contained the word "shall." In an imperative sentence such as, "Pour the concrete," the Department is indicating that it requires the Contractor to pour the concrete. Before an award of a contract, imperative statements are directed to the bidder(s). After a contract has been awarded, imperatives are directed to the Contractor.
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101.03 GENERAL INFORMATION, DEFINITIONS AND TERMS
The Department will identify parties other than the bidder or Contractor to whom it gives a responsibility in these Standard Specifications. In phrasings where the responsible party has already been clearly identified or in factual statements when it is not important to do so, the Department may use the passive voice.
101.03 ABBREVIATIONS AND ACRONYMS
Where the following abbreviations and acronyms are used in these Specifications, Contracts, Bid Forms, or on Plans, they show the following expressions:
Table 101:1
Abbreviations and Acronyms
Short Form Long Form
AAA American Arbitration Association
AAN American Association of Nurserymen
AAR Association of American Railroads
AASHTO
American Association of State Highway and Transportation Officials
ACI American Concrete Institute
AGC Associated General Contractors of America
AIA American Institute of Architects
AISC American Institute of Steel Construction
AISI American Iron & Steel Institute
ANSI American National Standards Institute
AREMA
(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 of Testing and Materials
ATSSA American Traffic Safety Services Association
AWPA American Wood Preservers Association
AWWA American Water Works Association
AWS American Welding Society
CFR Code of Federal Regulations
DBE Disadvantage Business Enterprise
EEO Equal Employment Opportunity
EPA United States Environmental Protection Agency
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GENERAL INFORMATION, DEFINITIONS AND TERMS 101.03
Table 101:1
Abbreviations and Acronyms
Short Form Long Form
FAA Federal Aviation Administration
FAST Guide Field Acceptance Sampling & Testing Guide
FHWA Federal Highway Administration
FSS
Federal Specifications and Standards (General Services Administration)
IES
Illuminating Engineering Society of North America
IMSA International Municipal Signal Association
ITE Institute of Traffic Engineers
MSA Metropolitan Statistical Area
MUTCD
Manual on Uniform Traffic Control Devices for Streets and Highways
NCHRP National Cooperative Highway Research Program
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
ODEQ Oklahoma Department of Environmental Quality
ODOT Oklahoma Department of Transportation
OPDES
Oklahoma Pollution Discharge Elimination System
OSHA Occupational Safety and Health Administration
SAE Society of Automotive Engineers
UCC Uniform Commercial Code
UL Underwriter's Laboratory
US United States
USACE United States Army Corps of Engineers
USFWS United States Fish & Wildlife Services
VEP Value Engineering
101.04 GENERAL INFORMATION, DEFINITIONS AND TERMS
101.04 MEASUREMENT SYMBOLS
Where the following measurement symbols are used in these Specifications, Contracts, Bid Forms, or on Plans, they show the following expressions:
Table 101:2
Dual-Unit Measurement Symbols
SI (metric) Physical characteristic
U.S. Customary (English)
Symbol Unit name Unit name Symbol nm nanometer
Length microinch in m micrometer mil (0.001 inch) mil mm millimeter inch in cm centimeter foot ft m meter yard yd km kilometer mile mi
Area square inch in² mm² square millimeter square foot ft² m² square meter square yard yd² km² square kilometer square mile mi² ha hectare acre acre
Volume pint pt mL milliliter quart qt
L liter gallon gal m³ cubic meter cubic inch in³ cubic foot ft³ cubic yard yd³ g gram
Mass (weight) ounce oz kg kilogram pound lb
— metric ton ton, short (2,000 lb) ton
C degree Celsius Temperature degree Fahrenheit F ms millisecond
Time millisecond ms sec second second sec min minute minute min hr hour hour hr
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GENERAL INFORMATION, DEFINITIONS AND TERMS 101.04
Table 101:2
Dual-Unit Measurement Symbols
SI (metric) Physical characteristic
U.S. Customary (English)
Symbol Unit name Unit name Symbol km/h kilometers per hour Speed miles per hour mph
Pa pascal
Pressure pound-force per square inch psi kPa kilopascal
MPa megapascal
W watt
Power, energy and electrical watt W kW kilowatt kilowatt kW mA milliampere milliampere mA
A ampere ampere A
V volt volt V
VA voltampere
Power, energy and electrical voltampere VA ohm ohm
Hz hertz hertz Hz
J joule joule J lm lumen lumen lm lx lux footcandle fc cd candela horsepower hp
N newton
Force pound-force lbf kN kilonewton 1,000 pounds-force kip
N•m Newton meter Torque pound-force foot lbf•ft
Pa•s pascal second Viscosity, dynamic centipoises cP poise P m²/s meter squared per second Viscosity, kinematic centistokes cSt
H Henry Inductance Henry H ppm parts per million Concentration parts per million ppm
L/s liter per second Flow gallon per minute gpm dB Decibel Sound decibel dB
101.04 GENERAL INFORMATION, DEFINITIONS AND TERMS
Table 101:3
Engineer’s Estimate Pay Unit Symbols
Pay Unit Symbols
English Metric
Acre AC
Calendar day CD CD
Day DAY DAY
Dollar DOL DOL
Each EA EA
Each group EAGP EAGP
Foot drilled F DR
Gallon GAL
Hectare HA
Hour HOUR HOUR
Kilogram KG
Kiloliter KL
Kilometer KM
Kilotonne meter KT.M
Kilowatt-hour KWH KWH
Liter L
Pound LB
Linear foot LF
Luminaire day LMDY LMDY
Lump sum LSUM LSUM
Meter M
Meter drilled M DR
Square meter M2
Cubic meter M3
Thousand feet board measure KFBM
1,000 gallon KGAL
Thousand ton-feet KTFT
Sign day SD SD
Square foot SF
Station STA STA
Square yard SY
Metric ton T
Track mile TKMI
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GENERAL INFORMATION, DEFINITIONS AND TERMS 101.05
Table 101:3
Engineer’s Estimate Pay Unit Symbols
Pay Unit Symbols
English Metric
Ton per mile TM
Ton TON
Ton foot TONF
Track foot TRKF
Track meter TRKM
Vertical foot VF
Vertical meter VM
101.05 DEFINITIONS
A. Acceptance Date. The date on which the Contractor completes and delivers documents, certificates, proofs of compliance, and final estimates to the Resident Engineer. (See Subsection 105.17.C, “Final Acceptance.”)
B. Addendum. A revision to the Proposal Forms developed by the Department after Bid Notice and before opening of Bid Proposals.
C. Award. The Commission’s selection of the lowest, Responsive Bid from a Responsible Bidder.
D. Base Course. — See Pavement Structure.
E. Bid Bond. — See Bond.
F. Bid Form (Schedule of Items). The approved form on which Bidders are to provide Bid Item Unit Prices in their Bid Proposals.
G. Bid Item. An item of work on the Bid Form, for which a Bidder shall provide a Bid Item Price.
H. Bid Item Price. The amount a Bidder provides in its Bid for performing the work represented by the quantity of a Bid Item on the Bid Form.
I. Bid Item Unit Price. The amount a Bidder provides in its Bid for performing each unit of a Bid Item.
J. Bid Notice. A formal announcement by the Department which uniformly and equally notifies the public and prospective Bidders of the intent of the Department to Award a public construction contract in accordance with the Public Competitive Bidding Act of 1974 (61 O.S. § 104). The Bid Notice of a project will contain its location, the type and extent of work which will be required and the date, time, and place of the Bid Opening.
K. Bid Opening (Letting). The opening of the Bid Proposals submitted by Bidders on the date and time defined by the Department in the Bid Notice.
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101.05 GENERAL INFORMATION, DEFINITIONS AND TERMS
L. Bid Price. The total of all Bid Item Prices for a bid submitted by a Bidder.
M. Bid Proposal. The written offer from the Bidder submitted on the Bid Form or electronic media presenting Bid Prices for Work and Materials necessary to complete the proposed Project.
(1) Standard Proposal. The offer of the Bidder to perform the Work described in the Plans and Specifications within the Contract Time, and to provide the labor and Materials at prices quoted by the Bidder.
(2) A+B Proposal. Outlines the Bid Price (element “A”) and the Bidder’s estimated construction time (element “B”). The Department will assign a value to each day of the construction time.
The sum of the assigned values multiplied by the number of days bid is added to the Bid Price.
The combined sums are used to rank the Bid Proposals. Rarely, a third element (C) is included to account for time needed to complete a key element of the Project.
N. Bidder. An individual or legal entity submitting a Bid Proposal for the Work.
O. Bituminous/Asphaltic. Containing or treated with the brownish-black heavy ends of petroleum source, generally used as a cementitious material.
P. Bond. A guaranty issued by a Surety and submitted by a Bidder to ensure fulfillment of the Contract, coverage of Department overhead, or quality of the Work and Materials. The Department requires the following Bonds:
(1) Bid Bond (Proposal Guaranty). A guaranty to ensure execution of the Contract. A certified check, cashier’s check, or irrevocable Letter of Credit for 5 percent of the Bid Price to ensure the Bidder will enter into the Contract if the Bidder is awarded the Contract. The Proposal Guaranty repays the Department for republishing notices to Bidders, expenses incurred by the defaulting Bidder, and the difference between the bid of the defaulting Bidder and the Bidder to whom the Contract is awarded. Total expenses must not exceed the amount of the Proposal Guaranty if the Bidder does not execute the Contract or does not provide Bonds and insurance to the Department.
(2) Maintenance Bond. A bond of at least the total Contract Price to protect the Department from defective Work and Materials for one year after Project Completion.
(3) Performance Bond. A bond of at least the total Contract Price, which ensures prompt completion of the Project.
(4) Statutory and Payment Bond. A bond of at least the Contract Price that guarantees the Contractor will pay all expenses the Contractor or the Subcontractor incurs including the following:
State and local taxes accrued as a result of the Contract
Liquidated Damages provided by the Contract and assessed by the Department
Overpayment of Progressive Estimates that result in a balance due to the Department (required by the Statutes of the State of Oklahoma).
Q. Bridge. A Structure and supports erected over a depression or obstruction with a passageway for carrying traffic. A Bridge has an opening of more than 20 ft [6.1 m] between undercopings of
Attachment 7 - ODOT 2019 - FULL - SPEC - Web-Version abutments or extreme ends of openings for multiple boxes, measured along the center of the Roadway. It may include multiple pipes where the distance between openings is less than half of the smaller contiguous opening.
(1) Bridge Length. The distance along the line of survey stationing back-to-back of backwalls of abutments, or end-to-end of the bridge floor, but at least the total clear opening of the Structure.
(2) Bridge Roadway Width. The width of the Structure measured at right angles to the center of the Roadway between the bottoms of curbs or between the inner faces of the parapet or railing.
(3) Substructure. The section of a Bridge below the bearings of simple and continuous spans, skewbacks of arches, and tops of footings of rigid frames, together with the backwalls, wingwalls, and wing protection railings.
(4) Superstructure. The entire structure of the Bridge, except the Substructure.
R. Bridge Engineer. A Department engineer responsible for engineering decisions related to the design and construction of Bridges.
S. Calendar Day. — See Contract Time.
T. Change Order. A written order to the Contractor for additional Work, changes in quantities, changes in the price of Contract Pay Items, and additions or modifications to the Contract.
U. Channel. A natural or artificial watercourse.
V. Commission. The Transportation Commission of the State as constituted by State law and charged to administer the affairs of the Department acting directly, or through the Director.
W. Completion Date. The date on which the Project and any exceptions are completed. (See Subsection 105.17.B, “Project Completion.”)
X. Construction Limits. That portion of real property, as defined by the Plans, in which the Contractor is authorized to perform contractually required activities. It is constrained laterally by the slope stakes and linearly by the Project stationing. The Contractor may be allowed to work or stockpile materials outside the construction limits when allowed by the Engineer.
Y. Contract. The written agreement between the Department and the Contractor that sets the performance of the Work, the basis of payment and other obligations of the parties.
The Contract includes the Bid Notice, Bid Proposal, Contract Form, Bonds, Specifications, Supplemental Specifications, Special Provisions, Plans, the Work Order, and any Change Orders or Supplemental Agreements that are required to complete the Project.
Z. Contract Amount. The amount of the original Contract, agreed to by the Department and Contractor, including any Department-approved adjustments.
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AA. Contract Time. The number of Working Days or Calendar Days allotted for completing the Work, including authorized time extensions; or a date by which the Work will be completed.
(1) Calendar Day. Any day shown on the calendar beginning and ending at midnight. In these Specifications, when the term “day” is used the implied meaning is a Calendar Day.
(2) Fixed Completion Date. The date by which the Project is to be completed.
(3) Working Day. Every day shown on the calendar, excluding Saturdays, Sundays and Holidays, during weather and other conditions that allow construction to proceed for at least six hours with workers engaged in the Work. The Department will consider Saturdays, Sundays, and Holidays, on which workers engage in regular work requiring the presence of an Inspector, to be working days.
AB. Contractor. The individual or legal entity contracting with the Department for performance of the Work on the Project.
AC. Control of Access. The condition where an owner’s or occupant’s right to access, light, air, or view his or her abutting land in connection with a Highway is fully or partially controlled by public authority.
(1) Full Control of Access. The authority to control access used to give preference to through-traffic by providing access connections with selected Public Roads only and prohibiting crossings at grade or direct private driveway connections.
(2) Partial Control of Access. The authority to control access used to give preference to through-traffic so that, in addition to connections with selected Public Roads, there may be some crossings at grade and some private driveway connections.
AD. Critical Path. The longest continuous sequence of work for which the combined duration of the work's individual scheduled activities produces the minimum overall project duration.
AE. Culvert. Any Structure under the Roadway with a clear opening of 20 ft [6.1 m] or less, measured along the center of the Roadway.
AF. Delay. A temporary suspension of all or a portion of the Work. The various Delays are as follows:
(1) Excusable Delay. A Delay caused by the Department or an event beyond the Contractor’s control that impacts the Work and is critical to the progress and completion of the Project.
Acts of suppliers, fabricators or Subcontractors are considered under the Contractor’s control (exceptions in Subsection 108.07.D(1), "Administration and Extension of Contract Time, General") and will not be considered as an excusable delay or for an extension of Contract Time.
(2) Non-excusable Delay. A Delay to the Project or milestone date that was within control of the Contractor for which no monetary compensation or time extension will be granted.
(3) Compensable Delay. An Excusable Delay for which the Contractor may be entitled to additional monetary compensation.
Attachment 7 - ODOT 2019 - FULL - SPEC - Web-Version
(4) Non-compensable Delay. An Excusable Delay for which the Contractor may be entitled to an extension of time but no additional monetary compensation.
AG. Department. The Department of Transportation of the State authorized by Article XVI Section 1 of the Constitution of the State as provided by enactment of the Oklahoma Legislature.
AH. Differing Site Conditions. Subsurface or latent physical conditions at the site that meet one of the following criteria:
Differ materially from those shown on the Plans, Differ materially from those normally encountered or recognized as inherent in the Work, or
Are unknown physical conditions of an unusual nature.
AI. Director. The executive officer appointed and authorized by the Commission to direct and control the Department.
AJ. Disincentive Provision. — See Incentive Provision/Disincentive Provision.
AK. Easement. A grant by an owner to use property for a certain purpose.
AL. Engineer. The Chief Engineer of the Department and the assistants or representatives authorized by the Director acting within the scope of their assigned duties or authority.
AM. Equipment. Machinery, tools, and apparatus necessary for performing the Work as required by the Contract.
AN. Estimates. An electronically generated report containing quantities of Materials placed and Work performed and detailing compensation paid to the Contractor. The two types of estimates include:
(1) Progressive Estimate. A record of Materials placed and Work performed during a period of time and detailing compensation paid to the Contractor for those Materials and Work. (See Subsection 109.06, “Progress Payments.”)
(2) Final Estimate. A record generated after the Project has been completed, containing audited quantities of Materials used, and integrating additions and subtractions from final quantities of Work to establish a payment or collection from the Contractor to reflect a final Contract Price.
(See Subsection 109.08, “Final Payment.”)
AO. FAST Guide. Field Acceptance Sampling & Testing (FAST) Guide. Consists of guidelines defining minimum sampling and testing frequencies of Materials, conducted on Projects for acceptance and Independent Assurance. The Department's Materials Division will develop and implement the FAST Guide.
AP. Final Estimate — See Estimates.
AQ. Final Stabilization. When all earth-disturbing activities are complete and permanent erosion and sediment controls are established and functional. The stabilized site is protected from erosion from water-flow and rain. Unpaved areas, except graveled Shoulders, crushed aggregate Base
Attachment 7 - ODOT 2019 - FULL - SPEC - Web-Version
Course, or other areas not covered by permanent Structures are protected by a uniform blanket of perennial vegetation (at least 70 percent native background cover) or equivalent stabilization measures including riprap, geotextiles, gabions, or paved ditches. (See Section 220, “Management of Erosion, Sedimentation, and Storm Water Pollution Prevention and Control.”)
AR. Fixed Completion Date. — See Contract Time.
AS. Gauge. U.S. Standard Gauge, as defined in 15 U.S. Code, Section 206, when referring to sheet iron and plate steel. Galvanized Sheet Gauge when referring to zinc coated sheets.
American Wire Gauge (AWG) when referring to nonferrous wire. Most commonly used in specifying copper and aluminum conductors. AWG is sometimes known as Brown and Sharpe (B&S) Wire Gauge.
AT. Holiday. Any day proclaimed a holiday by Executive Order of the Governor.
AU. Incentive Provision/Disincentive Provision. Contract provisions allowing adjustments to the Contract Price for each day the Work is completed ahead or behind specified milestone dates or the Completion Date.
(1) Incentive Payments. Additional money for the Contractor for each day Work is completed before specified milestone dates or the Completion Date. The Department will determine the maximum number of days it will pay incentives based on lane rental amounts and other factors.
(2) Disincentive Assessment. An assessment to deduct money owed a Contractor for failure to complete Work before specified milestone dates or the Completion Date. The Department will determine the deduction amount based on lane rental cost formulas, defined as, the cost to the traveling public per increment of time for losses attributable by the failure of the Contractor to have a facility or a designated portion fully available for use by the given date.
AV. Inspector. An authorized representative assigned by the Resident Engineer to inspect the Work.
AW. Laboratory. The official testing laboratory of the Department or any other testing laboratory designated by the Director or Engineer.
AX. Letter of Credit. An irrevocable letter of credit used instead of a Bond for the benefit of the State. (See Subsection 103.05, “Bonding Requirements.”)
AY. Letting. — See Bid Opening.
AZ. Liquidated Damages. Monetary damages charged to the Contractor at a specified rate when Work is not completed within the Contract Time, to recover a portion of cost incurred by the Department for additional engineering, inspection, and overhead for continued supervision of the Project after the Contract Time expires. See Subsection 108.09, “Failure to Complete on Time.”)
BA. Lot. A specific quantity of Work or Materials.
BB. Maintenance Bond. — See Bond.
Attachment 7 - ODOT 2019 - FULL - SPEC - Web-Version
BC. Major and Minor Contract Items. Items considered Major or Minor, under the terms of the Contract, are based on the percent value of the original Contract Price. Projects that are awarded as either mandatory or optional tied projects shall have quantities of similar bid items combined for determining Major or Minor Contract items.
(1) Major Items. The following schedule will determine Major Items:
Table 101:4
Major Item Values Per Contract Amount
Contract amount, $ Major Item as percent of
Contract amount
≤1,000,000 ≥5%
>1,000,000 – ≤4,000,000 ≥$50,000 + 2.0% of the contract amount over
$1,000,000
>4,000,000 – ≤8,000,000 ≥$110,000 + 1.0% of the contract amount over $4,000,000
>8,000,000 ≥150,000 + 0.5% of the contract amount over
$8,000,000
(2) Minor Items. All items less than the above percentages will be considered Minor Items, except when added quantities cause the cost to exceed the above percentages.
BD. Manufacturer Recommendations. Instructions, directions, or procedures provided by the manufacturer of a product (material, equipment, etc.) for the proper use of the product.
BE. Materials. Substances used in the construction of the Project and its appurtenances.
BF. Materials Division. An internal division within the Department responsible for the design, testing, and approval of Materials to be used in the Work.
BG. Materials Engineer. A Department engineer responsible for engineering decisions related to design, testing, and approval of Materials.
BH. Notice of Intent (NOI). The OPDES General Permit application to start earth-disturbing activities of at least one acre for storm water discharges. (See Section 220, “Management of Erosion, Sedimentation, and Storm Water Pollution Prevention and Control.”)
BI. Notice to Proceed. Written notice to the Contractor to begin Work. When applicable, the notice will include the start date of the Contract Time.
BJ. Notice of Termination (NOT). The OPDES General Permit application indicating the end of earth-disturbing activities and the attainment of final stabilization. (See Section 220, “Management of Erosion, Sedimentation, and Storm Water Pollution Prevention and Control.”)
Attachment 7 - ODOT 2019 - FULL - SPEC - Web-Version
BK. Partial Acceptance. Acceptance of a part of the Contract as determined by the Resident Engineer. (See Section 105.17, “Project Completion and Acceptance.”)
BL. Partial Acceptance Date. The date on which the Resident Engineer determines a part of the Contract to be acceptable. (See Section 105.17, “Project Completion and Acceptance.”)
BM. Partial Completion. Completion of a part of the Contract, as requested by the Contractor and determined by the Resident Engineer. (See Section 105.17, “Project Completion and Acceptance.”)
BN. Partial Completion Date. The date on which the Resident Engineer determines a part of the Contract to be complete. (See Section 105.17, “Project Completion and Acceptance.”)
BO. Pavement Structure. The combination of Subbase, Base Course, and Surface Course placed on a Subgrade to support and distribute the traffic load to the Roadbed.
(1) Surface Course. Layer(s) of a Pavement Structure designed to accommodate the traffic load.
The top layer, sometimes called the “Wearing Course,” resists skidding, traffic abrasion, and disintegrating climate effects.
(2) Base Course. Layers of specified Materials placed on a Subbase or a Subgrade to support a Surface Course.
(3) Subbase. Layers of specified Materials thickness placed on a Subgrade to support a Base Course.
(4) Subgrade. Compacted soils (treated or untreated) upon which the Pavement Structure is constructed.
BP. Pay Item. A specific unit of Work recorded in the Contract.
BQ. Performance Bond. — See Bond.
BR. Plans. Approved Contract drawings showing the location, type, dimensions, and details of Work required. The Plans include the following:
(1) Standard Plans. Detailed drawings approved for repetitive use.
(2) Plan Notes. Insertions on Standard Plans to facilitate design considerations. Whenever a conflict in Plan Notes appears, notify the Resident Engineer before starting the affected Work.
The Resident Engineer will determine the applicability of the Plan Notes in question.
(3) Working Drawings. Supplemental design sheets or similar data that the Contractor is required to submit to the Resident Engineer, such as shop drawings, bending diagrams for reinforcing steel, and plans for erection, false work, framework, and cofferdams.
(4) Work Plans. Supplemental procedures or data developed by the Contractor as the method for completing the Work.
BS. Prequalification. The process of qualifying a prospective Bidder before issuing the Bid Documents, in accordance with the rules, regulations, policies, and procedures of the Commission.
Attachment 7 - ODOT 2019 - FULL - SPEC - Web-Version
BT. Prequalification Questionnaire. The approved form of the Department where the prospective Bidder provides information regarding financial condition, experience, the Equipment to be used, and the ability to finance and perform the Work.
BU. Profile Grade. The trace of a vertical plane intersecting the top surface of the proposed Surface Course and usually along the longitudinal centerline of the Roadbed. Profile Grade means either elevation or gradient of the trace according to the context.
BV. Progressive Estimate. — See Estimates.
BW. Project. The specific section of the Road, proposed Road, or other facilities together with all appurtenances and construction to be performed under the Contract.
BX. Proposal Forms. The documents and information available to Bidders, including the Plans, for creating and submitting a Bid Proposal for the Work.
BY. Proposal Guaranty. — See Bid Bond.
BZ. Resident Engineer. The direct representative of the Department with the authority to oversee all aspects of the construction. The Resident Engineer will serve as the point of contact for the Contractor during the Project. The Department representative may or may not be a licensed professional engineer and may be a consultant retained by the Department. (See Subsection 105.01, “Authority and Duties of the Resident Engineer.”)
CA. Responsive Bid. A bid that meets all requirements of the Bid Notice.
CB. Responsible Bidder. A Bidder that the Department determines has the ability to perform the Work.
CC. Right-of-Way. A general term denoting land, property, or an interest therein, acquired for Highway purposes for the Project.
CD. Road (Highway or Street). A general term denoting a public way for vehicular travel, including the entire area within the Right-of-Way. The following are types and parts of the Road:
(1) Divided Highway. A Highway with separated Roadways for traffic in opposite directions.
(2) Expressway. A divided arterial Highway for through traffic with Full or Partial Control of Access and generally with Grade Separations at intersections.
(3) Freeway. An Expressway with Full Control of Access.
(4) Frontage Road. A Road constructed on Department-owned Right-of-Way, adjacent and parallel to but separate from the Highway, that connects to the Highway for service to abutting property and for Control of Access.
(5) Grade Separation. A Structure carrying Highway traffic over or under another Highway, Street, or any railroad tracks.
Attachment 7 - ODOT 2019 - FULL - SPEC - Web-Version
(6) Interchange-Collector Distributor Road. A Road constructed on a Department-owned Right-of-Way; parallel to the mainline that collects and distributes traffic between Ramps where the mainline is not connected to any crossroads.
(7) Local Road. A Road with one connection to the Highway constructed on Department-owned Right-of-Way to provide access to property abutting or adjacent to the Highway.
(8) Median. The part of a Divided Highway that separates the Traveled Ways of traffic.
(9) Parkway. An arterial Highway for non-commercial traffic, with Full or Partial Control of Access, and usually located within a park or a ribbon of park-like development.
(10)Public Road. A Road constructed on Department-owned Right-of-Way to connect other Public Roads or Streets, but not connected or allowing access to the Highway.
(11)Ramp. A connecting Roadway between two intersecting Highways, at a Highway separation, or a Road connecting the Highway with other Roads.
(12)Roadbed. The graded portion of a Highway with top and side slopes, prepared as a foundation for the Pavement Structure and Shoulders.
(13)Roadside. The area adjoining the outer edge of the Roadway and large areas between Divided Highways.
(14)Roadway. The part of the Right-of-Way between the outer edges of the Shoulders.
(15)Shoulder. The part of the Roadway contiguous with the Traveled Way, designed for emergency use and lateral support of Base and Surface Courses.
(16)Sidewalk/Bicycle Path. The part of the Right-of-Way constructed for pedestrian use, bicycle use, or both.
(17)Speed Change Lane. An auxiliary lane, including tapered areas, for the acceleration or deceleration of vehicles entering or leaving the Highway. Speed Change Lanes are described as Acceleration Lanes, Deceleration Lanes, or Median Lanes.
(18)Traveled Way. The part of the Roadway for the movement of vehicles, excluding Shoulders.
CE. Roadside Development. Those items necessary to preserve or replace landscape Materials, and features that include plantings or ground cover to preserve and enhance the appearance and stability of the Highway, Right-of-Way, or acquired Easements, for scenic improvements.
CF. Shut Down Order. A written order issued by the Resident Engineer to the Contractor instructing the Contractor to cease all or a specific part of the Work. The Contractor shall not resume work prohibited by the Shut Down Order until the Resident Engineer issues a written authorization rescinding the Shut Down Order.
CG. Specifications. The provisions and requirements for the performance of Work.
(1) Standard Specifications. The book of Specifications approved for general application and repetitive use.
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(2) Supplemental Specifications. The book of approved additions and revisions to the Standard Specifications.
(3) General Use Special Provisions. Revisions or amendments to the Standard and Supplemental Specifications approved for general use.
(4) Project Specific Special Provisions. Revisions or amendments to the Standard and Supplemental Specifications applicable to an individual Project and designated with the identifying project number.
CH. State. The State of Oklahoma.
CI. Statutory and Payment Bond. — See Bond.
CJ. Structure. A Bridge, Culvert, catch basin, drop inlet, retaining wall, cribbing, manhole, end-wall, headwall, building, sewer, service pipe, under-drain, foundation drain, and other features that may be encountered in the work and not classified.
CK. Subbase. — See Pavement Structure.
CL. Subgrade. — See Pavement Structure.
CM. Subgrade Treatment. Chemical treatment of Subgrade soils or aggregates to modify or stabilize.
(1) Modification. Chemical treatment of Subgrade soils or aggregates by incorporating materials that will increase load-bearing capacity to provide a sound, working platform for paving Equipment. Modification does not provide structural value to the pavement section.
(2) Stabilization. Chemical treatment of Subgrade soils or aggregates by incorporating materials to provide structural value to the pavement section.
CN. Subcontractor. A legal entity approved by the Department that the Contractor by written agreement, employs to perform a designated segment of Work. The Subcontractor is responsible for supplying personnel, Equipment, and Materials required for completing the subcontracted segment of the Work.
CO. Superintendent. The Contractor’s authorized representative in charge of the Work.
CP. Supplemental Agreement. A written agreement, signed by the Department and the Contractor, to add compensation for Materials and time not included in the Plans bid by the Contractor and which the Resident Engineer deems necessary to improve the Project.
CQ. Surety. The insurance company or other body authorized under the laws of the State to issue Bonds to insure the Contractor’s performance of the Contract.
CR. Surface Course. — See Pavement Structure.
CS. Traffic Engineering Division. An internal division within the Department responsible for the design and construction of traffic control devices to be used in the Work.
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102.02 BIDDING REQUIREMENTS AND CONDITIONS
CT. Unbalanced Bid. A Bid Proposal that contains unbalanced Bid Item Unit Prices based on one of the following characteristics:
(1) Mathematically. A bid containing lump sum or unit Bid Items that do not reflect reasonable estimated costs, a reasonable proportionate share of the Bidder’s anticipated profit, overhead costs, and other indirect costs., DEFINTIONS AND TERMS
(2) Materially. A bid that generates reasonable doubt that the Award to the Bidder submitting a Mathematically Unbalanced Bid will result in the lowest ultimate cost to the Department.
CU. Unilateral Change Order. A Change Order issued by the Resident Engineer that the Contractor does not agree with or sign, or that is administrative in nature and does not require the acknowledgement of the Contractor.
CV. Value Engineering. The formal technique by which the Contractor may suggest methods for performing the requirements more economically and share in the resulting savings, without impairing essential functions or characteristics.
CW. Work. All resources, including labor, Materials, Equipment, and incidentals, necessary to complete the Project in accordance with the Contract requirements.
CX. Working Day. — See Contract Time.
SECTION 102
BIDDING REQUIREMENTS AND CONDITIONS
102.01 PRE-QUALIFICATION
The Department requires pre-qualification of prospective bidders as a prerequisite for bidding, unless prohibited by law or waived by the Department.
The Department will perform bidder pre-qualification in accordance with the most current issue of the Oklahoma Administrative Code. Copies of the Code and Pre-qualification Questionnaire are available from:
The Office Engineer Oklahoma Department of Transportation
200 N.E. 21st Street Oklahoma City, Oklahoma 73105
102.02 NOTICE TO PROSPECTIVE BIDDERS
The Department will publish a Bid Notice to notify the public and prospective bidders of the intent to award a public construction contract in accordance with Section 104 of the Oklahoma Public Competitive Bidding Act of 1974 (61 OS §101 et seq.).
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