B08_Solicitation_Attach_4_Specifications_SDDOT_Specs.pdf

STANDARD

SPECIFICATIONS

FOR

ROADS AND BRIDGES

Connecting South Dakota and the Nation

SOUTH DAKOTA

DEPARTMENT OF TRANSPORTATION

THIS PAGE INTENTIONALLY LEFT BLANK

TABLE OF CONTENTS

SECTION PAGE

Page i

DIVISION I GENERAL PROVISIONS

1 Definitions and Terms

1.1 Wording of the Specifications

1.2 Titles (or Headings)

1.3 References

1.4 Abbreviations

1.5 Definitions

2 Bidding Requirements and Conditions

2.1 Prequalification of Bidders

2.2 Electronic Identification

2.3 Issuance of Bidding Package

2.4 Contents of Bidding Package

2.5 Interpretation of Quantities in Bidding Package

2.6 Examination of Plans, Specifications, Special Provisions, and Site of Work

2.7 Preparation of Bid Proposal

2.8 Bid Proposal Guaranty

2.9 Bidder Submitted Bid Proposal Limitations

2.10 Submission of Bid Proposal

2.11 Withdrawal or Revision of Proposal Prior to Letting

2.12 Combination Bidding Packages

2.13 Public Opening of Bid Proposals

3 Award and Execution of Contract

3.1 Consideration of Bid Proposals

3.2 Irregular Bid Proposals

3.3 Dismissal of Bid Proposal

3.4 Award of Contract

3.5 Cancellation of Award

3.6 Bid Proposal Guaranty

3.7 Requirements of Contract Performance Bond

3.8 Execution and Approval of Contract

3.9 Failure to Execute Contract

3.10 Material Guaranty

4 Scope of Work

4.1 Intent of Contract

4.2 Differing Site Conditions

4.3 Significant Changes in the Character of Work

4.4 Extra Work

4.5 Maintenance of Traffic

4.6 Rights in and Use of Materials Found on the Work

4.7 Final Cleaning Up

4.8 Value Engineering Incentive

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5 Control of Work

5.1 Authority of the Engineer

5.2 Plans and Working Drawings

5.3 Conformity with Plans and Specifications

5.4 Coordination of Contract Documents

5.5 Cooperation by Contractor

5.6 Cooperation with Utilities

5.7 Cooperation between Contractors

5.8 Construction Stakes, Lines, and Grades

5.9 Authority and Duties of Area Engineer

5.10 Duties of the Inspector

5.11 Inspection of Work

5.12 Removal of Unacceptable and Unauthorized Work

5.13 Weight Limitations

5.14 Maintenance during Construction

5.15 Failure to Maintain Roadway or Structure

5.16 Acceptance of Field Work

5.17 Claims for Adjustment and Disputes

6 Control of Material

6.1 Source of Supply and Quality Requirements

6.2 Local Material Sources and Sites

6.3 Samples, Tests, Cited Specifications

6.4 Plant Inspection

6.5 Storage of Materials

6.6 Handling Materials

6.7 Unacceptable Material

6.8 Department Furnished Material

6.9 Buy America

7 Legal Relations and Responsibility to Public

7.1 Laws to be Observed

7.2 Permits, Licenses, and Taxes

7.3 Patented Devices, Materials, and Processes

7.4 Restoration of Surfaces Opened by Permit

7.5 Federal Aid Participation

7.6 Sanitary Health and Safety Provisions

7.7 Public Convenience and Safety

7.8 Railway-Highway Provisions

7.9 Construction over or Adjacent to Navigable Waters

7.10 Barricades and Warning Signs

7.11 Use of Explosives

7.12 Protection and Restoration of Property and Landscape

7.13 Forest Protection

7.14 Responsibility for Damage Claims

7.15 Liability Insurance

7.16 Opening Sections of Project to Traffic

7.17 Contractor’s Responsibility for Work

Page iii

7.18 Furnishing Right-of-Way

7.19 Personal Liability of Department’s Authorized Representatives

7.20 No Waiver of Legal Rights

7.21 Environmental Considerations and Cooperation with

Environmental Regulatory Agencies

7.22 Sound Control Requirements

7.23 Americans with Disabilities Act

8 Prosecution and Progress

8.1 Subcontracting

8.2 Notice to Proceed

8.3 Prosecution and Progress

8.4 Limitation of Operations

8.5 Character of Workers, Methods, and Equipment

8.6 Determination of Contract Time

8.7 Extension of Contract Time

8.8 Failure to Complete on Time

8.9 Suspension of Work Ordered by the Engineer

8.10 Default and Termination of Contract

8.11 Termination of Contract

9 Measurement and Payment

9.1 Measurement of Quantities

9.2 Scope of Payment

9.3 Payment for Extra Haul of Materials

9.4 Compensation for Altered Quantities

9.5 Extra and Force Account Work

9.6 Eliminated Items

9.7 Progress Payments

9.8 Payment for Materials Delivered to Project

9.9 Final Acceptance and Final Payment

9.10 Mobilization

9.11 Freight Rates

9.12 Fuel Cost Adjustment

9.13 Prompt Payment and Retainage

DIVISION II CONSTRUCTION DETAILS

PART A EARTHWORK

100 Clearing and Grubbing

110 Removal of Structures and Obstructions

120 Roadway and Drainage Excavation and Embankment Construction

205 Dust Control

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210 Roadway Shaping

230 Salvaging, Stockpiling, and Placing Topsoil

240 Obliterating Old Roads

250 Incidental Work

PART B GRANULAR BASES AND SURFACING

260 Granular Bases and Surfacing

270 Salvaging, Processing, and Stockpiling Granular Bases and Asphalt Concrete Mix Materials

280 Full Depth Reclamation (FDR)

PART C ASPHALT CONSTRUCTION

320 Asphalt Concrete, General

321 Asphalt Concrete - Class D, E, G

322 Asphalt Concrete - Class Q (New Section)

324 Asphalt Concrete Composite

325 Asphalt Concrete - Class S

326 Asphalt Concrete - Class HR

330 Prime, Tack, Fog Seal, and Flush Seal

332 Cold Milling Asphalt Concrete

350 Asphalt Concrete Crack Sealing

360 Asphalt Surface Treatment

370 Cold in Place Recycling (CIR) of Asphalt Concrete

PART D RIGID PAVEMENT

380 Portland Cement Concrete Pavement

390 Concrete Spall Repair

391 Undersealing

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392 Pavement Jacking

393 Cracking and Seating of PCC Pavement

394 Rubblize PCC Pavement (New Section)

PART E STRUCTURES

410 Steel Structures

411 Shop Painting

412 Bridge Field Painting, Repainting, and Paint Residue Containment

420 Structure Excavation

421 Box, Pipe, and Plate Pipe Culvert Undercutting

422 Drainage Fabric Protection for Cast in Place Reinforced Concrete Box Culverts .. 283

423 Temporary Works

430 Bridge End Backfill

435 Approach Slab Underdrain System (New Section)

440 Structural Plate Pipe and Structural Plate Pipe Arch Culverts

450 Pipe Culverts

460 Structural Concrete

462 Concrete for Incidental Construction - Class M

464 Controlled Density Fill (New Section)

465 Drilled Shaft Construction

470 Railing

480 Reinforcing Steel

491 Bridge Deck Polymer Chip Seal

510 Timber, Prestressed, and Steel Piles

550 Bridge Deck Preparation and Resurfacing

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560 Precast and Pretensioned Prestressed Concrete

PART F INCIDENTAL CONSTRUCTION

600 Field Laboratory

601 Haul Roads

605 Fly Ash

610 Cattle Guards

620 Right-of-Way Fencing

621 Chain Link Fencing

629 Cable Guardrail

630 Steel Beam Guardrail

632 Highway Signs and Delineators

633 Pavement Marking

634 Temporary Traffic Control

635 Traffic Signals and Roadway Lighting

650 Concrete Curb and Gutter

651 Concrete Sidewalk

670 Drop Inlets

671 Manholes

680 Underdrains

700 Riprap

720 Bank and Channel Protection Gabions

730 Seeding

731 Fertilizing

732 Mulching

Page vii

733 Sodding

734 Erosion Control and Water Pollution Control

740 Aggregate for Maintenance Stockpiles

DIVISION III MATERIALS DETAILS

750 Portland Cement

751 Air-Entraining Admixtures

752 Chemical Admixtures for Concrete

753 Fly Ash

760 Hydrated Lime

770 Calcium Chloride

780 Sodium Chloride

790 Water for Use in Portland Cement Concrete

800 Fine Aggregate for Use in Portland Cement Concrete

805 Materials for Polymer Chip Seals

810 Masonry Mortar Sand and Epoxy Resin Mortar Sand

820 Coarse Aggregate for Use in Portland Cement Concrete

821 Concrete Curing Materials

830 Riprap

831 Geotextiles and Impermeable Plastic Membrane

850 Select Granular Backfill

860 Preformed Expansion Joint Filler for Concrete

870 Concrete Joint Sealer

871 Asphalt Concrete Crack Sealant (New Section)

879 Blotting Sand

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880 Aggregates for Asphalt Concrete

881 Aggregates for Asphalt Surface Treatments

882 Aggregates for Granular Bases and Surfacing

883 Clay

884 Milled, Reclaimed, and Salvaged Material (New Section)

890 Asphalt Material

891 Dust Control Chlorides

920 Right-of-Way Fence

930 Chain Link Fence

950 Wood Preservatives and Preservative Treatments

960 Timber Piling

970 Steel Structures Material

972 Bolts

980 Paint

981 Glass Beads

982 Materials for Highway Signs and Delineators

983 Cold Applied Plastic Pavement Marking and Legends

984 Temporary Traffic Control Devices

985 Traffic Signals and Roadway Lighting

990 Pipe Culverts and Drainage Tubing

1010 Concrete Reinforcement

1030 Gabions

1040 Steel Sheet Piling

1050 Steel Sheeting

DIVISION I 1

GENERAL PROVISIONS

DEFINITIONS AND TERMS

1.1 WORDING OF THE SPECIFICATIONS - When the contract provides that work will be "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," these expressions will be construed to be followed by the words "by the Engineer" or "to the Engineer" unless the contents of the specification clearly indicates otherwise. Whenever the term "provide" is used in these specifications it will be interpreted to mean both furnish and install.

1.2 TITLES (OR HEADINGS) - The titles or headings of the sections and subsections in the specifications are intended for convenience of reference and will not have any bearing on their interpretation.

1.3 REFERENCES - The specifications rely on many cross references, both to internal sources in the specifications and external sources in other contract documents, Department manuals, and other industry resources. If the contract documents reference an external publication, the Department intends that the reference be to the most recent issue, including interim publications at the time of the letting, unless the contract specifies otherwise.

Each contract item listed in the contract references to a section number from the specifications; therefore, all of the provisions of the referenced section relevant to the proper completion of the contract item are binding upon the Contractor. This includes the requirements found in the “General” subsections as well as those specific requirements listed thereafter.

Within the specifications, references to other sections and subsections of the specifications apply the same as if they were a part of the specification section or subsection from which they were referenced. A cross-reference to a specific subsection of these specifications includes all general requirements of the section of which the subsection is a part.

1.4 ABBREVIATIONS - The following abbreviations used in these specifications or other contract documents:

AAR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials AC Asphalt Cement ACI American Concrete Institute ADA Americans with Disabilities Act ADT Average Daily Traffic AGC Associated General Contractors of America AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute

1 DEFINITIONS AND TERMS

ANLA American Nursery and Landscape Association ANSI American National Standards Institute ARA American Railway Association AREA American Railway Engineering Association ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASTM American Society for Testing and Materials ATSSA American Traffic Safety Services Association AWPA American Wood Protection Association AWWA American Water Works Association AWS American Welding Society BIA Bureau of Indian Affairs BMP Best Management Practices CM&P SD DOT Construction Measurement and Payment System CFR Code of Federal Regulations DBE Disadvantaged Business Enterprise EEO Equal Employment Opportunity ESAL Equivalent Single Axle Load EPA Environmental Protection Agency FAA Federal Aviation Administration FHWA Federal Highway Administration GSA General Services Administration HDPE High Density Polyethylene IA Independent Assurance ICC Interstate Commerce Commission ICEA Insulated Cable Engineers Association ITE Institute on Transportation Engineers JMF Job Mix Formula LED Light Emitting Diodes MS&T SD DOT Materials Sampling & Testing System MASH Manual for Assessing Safety Hardware MUTCD Manual on Uniform Traffic Control Devices NCHRP National Cooperative Highway Research Program NEC National Electrical Code NEMA National Electrical Manufacturers Association NEPA National Environmental Policy Act NHTSA National Highway Traffic Safety Administration NTPEP National Transportation Product Evaluation Program NOI Notice of Intent NOT Notice of Termination OSHA Occupational Safety Health Administration PCC Portland Cement Concrete PCN Project Control Number PSI Pounds per Square Inch PVC Polyvinylchloride - PVC Pipe QA Quality Assurance QC Quality Control RAP Reclaimed Asphalt Pavement

DEFINITIONS AND TERMS 1

RCA Recycled Concrete Pavement/Aggregate RETMA Radio Electronic Television Manufacturers Association ROW Right-Of-Way SAE Society of Automotive Engineers International SDEBS South Dakota Department of Transportation Electronic Bid System SHPO State Historical Preservation Office SSPC The Society of Protective Coatings SWPPP Storm Water Pollution and Prevention Plan UL Underwriters Laboratory USACE United States Army Corps of Engineers USFS United States Forest Service USFWS United States Fish and Wildlife Service

1.5 DEFINITIONS

ACT OF GOD - An unforeseeable act, event, or happening resulting from natural causes including, but not limited to, earthquake, tornado, or other cataclysmic phenomena.

ADDENDUM - Changes to the bidding package issued by the contracting agency prior to the time of opening of bid proposals.

ADVERTISEMENT - A public announcement inviting bid proposals for work to be performed or materials to be furnished.

AREA ENGINEER - See Engineer.

AWARD - The Department’s acceptance of a bid proposal.

BASE COURSE - The layer or layers of specified select material placed on a subbase or a subgrade to support a surface course.

BIDDER - An individual, partnership, firm, corporation, or an acceptable combination thereof, such as a joint venture, submitting a bid proposal for performance of prescribed work.

BID PROPOSAL - The bidder’s offer, on the prescribed form, to furnish materials or to perform the work at the prices quoted.

BID PROPOSAL GUARANTY - The security furnished with a bid proposal to guarantee the bidder will enter into the contract if the bid proposal is accepted.

BID SCHEDULE - The list of bid items, together with estimated quantities, appearing in the bidding package.

BRIDGE - A structure, including supports, erected over a depression or an obstruction, such as water, highway, or railway, said structure having a length measured along the center of roadway of more than 20 feet between undercopings of abutments or extreme ends of openings for multiple boxes and pipes where the clear distance between openings is less than half of the smaller contiguous opening.

Bridge Length - The greater dimension of a structure measured along the center of the roadway between backs of abutment, backwalls, or between ends of bridge floor.

Bridge Roadway Width - The clear width of structure measured at right angles to the center of the roadway between the bottom of curbs or, if curbs are not used, between the inner faces of parapet or railing.

BUSINESS DAY - See day.

CALENDAR DAY - See day.

CHANGE ORDER - A written order issued by the Engineer to the Contractor, covering changes in the plans, specifications, or quantities within the scope of the contract and establishing the basis of payment and time adjustments for the work affected by the changes.

COMMISSION - The Transportation Commission as constituted under the laws of South Dakota.

CONTRACT - The written agreement between the Department and the Contractor setting forth the obligations of the parties for the performance of the prescribed work.

The contract includes the following:

addenda, bidding package, bid proposal, bid proposal guaranty, bid schedule, contract form, change orders, contract items (pay items), contract performance bond, contract time, contract unit prices, notice to contractors, notice to proceed, plans (general and detailed), project question and answer (Q&A) form, proposal forms, standard specifications, supplemental specifications, special provisions, working drawings, written orders, and agreements required to complete construction of the work, including authorized extensions of time, all of which constitute one instrument.

CONTRACT ITEM (Pay Item) - A specific unit of work for which a price is provided in the contract.

Major Contract Item - A contract item having a contract value greater than 10.0% of the original contract amount.

Minor Contract Item - A contract item that is not a major contract item. A minor contract item becomes a major contract item when the total cost of the contract item increases to more than 10.0% of the original contract amount.

Specialty Item - Any designated contract item that requires specialized knowledge, ability, or equipment not ordinarily required with the major type of work specified in the contract.

CONTRACT PERFORMANCE BOND - The security executed by the Contractor and furnished to the Department to guarantee performance of the work in accordance with the contract.

CONTRACT TIME - The working day count, calendar day count, fixed calendar date, or a combination of day count and fixed calendar date allowed for completion of the work included in the contract.

CONTRACT UNIT PRICE - The price bid per unit specified for a contract item, as included in the contract.

CONTRACTOR - The individual, partnership, firm, corporation, or joint venture contracting with the Department for performance of prescribed work.

Employee - Any person working on the project covered by the contract that is under the direction of, control of, or receives compensation from the Contractor or a subcontractor.

Subcontractor - An individual, partnership, firm, corporation, or joint venture to which the Contractor subcontracts part of the contract.

Project Manager - A Contractor employee that is the designated decision making authority for the Contractor and subcontractors.

Project Superintendent - The Contractor's authorized representative in responsible charge of the contract work and directs the daily project operations.

Crew Foreman - See crew superintendent

Crew Superintendent - An employee of the Contractor or subcontractor that directs a group of employees working for the Contractor or subcontractor to complete a specific type of work the Contractor or subcontractor has contracted to complete.

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

COMMERCIAL SOURCE - An established, lawful business operating in continual use at the time of bid opening as a source to the general public of materials or products relevant to the project.

CONTROLLING ITEM - Any item of work which would normally be in progress and would control the completion of the project.

COUNTY - A subdivision of the state used to designate or identify the location of the project.

CREW FOREMAN - See Contractor.

CREW SUPERINTENDENT - See Contractor.

CRUSHED MATERIAL - Granular material with one or more crushed faces on at least 30% of the particles retained on the #4 sieve, unless more stringent requirements are specified in the contract.

CULVERT - A structure not classified as a bridge which provides an opening under the roadway.

DAY - The contract will specify the type of day pertinent to the specification. If no type is specified, a calendar day will be used.

Business Day – Any calendar day except Saturdays, holidays, and days designated by the Governor of this State as an administrative leave day for state employees.

Calendar Day - A day shown on the calendar, beginning and ending at midnight.

Every day including Saturdays, holidays, and days designated by the Governor of this State as an administrative leave day for state employees are considered calendar days.

Working Day - See Section 8.6.

DEPARTMENT - The South Dakota Department of Transportation as constituted under the laws of South Dakota.

EMPLOYEE - See Contractor.

ENGINEER - The Engineer acting through the Director of Operations or through an authorized representative responsible for engineering supervision of the contract work.

Region Engineer - A representative of the Director of Operations acting under the supervision of the Director of Operations and in charge of assigned operations within a designated region.

Area Engineer - A representative of the Director of Operations acting under the supervision of the Region Engineer and in charge of assigned operations within a designated area.

Engineering Supervisor - A representative of the Director of Operations acting under the supervision of the Area Engineer and in charge of assigned operations within a designated area.

Project Engineer - A representative of the Director of Operations acting under the supervision of the Engineering Supervisor and responsible for engineering supervision of the contract work.

ENGINEERING SUPERVISOR - See Engineer.

EQUIPMENT - Machinery, tools, implements, or apparatus, together with supplies for maintenance and upkeep, necessary for the construction and completion of the project.

EROSION CONTROL - Those items necessary to the completed highway, which provide for the preservation of landscape materials and features. The rehabilitation and protection against erosion of 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 and adherence to water quality regulations.

ESTIMATE OF QUANTITIES - Plan shown summary of the estimated quantities of work necessary to complete the project.

EXTRA WORK - An item of work not provided for in the contract as awarded but found by the Engineer essential to the satisfactory completion of the contract within the contract’s intended scope.

EXTRA WORK AUTHORIZATION - An agreement between the Department and the Contractor to perform extra work at an agreed price or on a force account basis.

HOLIDAY - In the State of South Dakota the first day of every week, known as Sunday; the first day of January, commonly known as New Year's Day; the third Monday in January, commonly known as Martin Luther King Jr. Day; the third Monday in February, commonly known as Presidents Day; the last Monday of May, commonly known as Memorial Day; the fourth day of July, commonly known as Independence Day; the first Monday in September, commonly known as Labor Day; the second Monday in October, commonly known as Native American Day; the eleventh day of November, commonly known as Veterans' Day;

the fourth Thursday in November, commonly known as Thanksgiving Day; and the twenty-fifth day of December, commonly known as Christmas Day; and every day designated by the President of the United States, or by the Governor of this State for a public fast, thanksgiving, or holiday will be observed as a legal holiday.

If the first day of January, the fourth day of July, the eleventh day of November, or the twenty-fifth day of December falls upon a Sunday, the Monday following is a legal holiday and will be so observed. If any such day falls upon a Saturday, the preceding Friday is also a legal holiday and both Friday and Saturday will be so observed.

INSPECTOR - The Engineer's authorized representative assigned to make detailed inspections of contract performance.

LABORATORY - The Department’s testing laboratory or other testing laboratory which may be designated by the Engineer.

LETTING -

Letting Date - The time and date specified for the opening of bid proposal by the Notice to Contractors in the bidding package.

Regional Letting - Department managed lettings conducted without the use of the

SDEBS.

SDEBS Letting - Department managed lettings conducted with the use of the

SDEBS.

MAJOR CONTRACT ITEM - See contract item.

MATERIALLY UNBALANCED BID - See unbalanced bid.

MATERIALS - Substances specified for use in the construction of the project.

MATHEMATICALLY UNBALANCED BID - See unbalanced bid.

MINOR CONTRACT ITEM - See contract item.

NOTICE OF AWARD - Written notice to the Contractor stating the Department’s acceptance of the bid proposal and the Department’s award of the contract.

NOTICE TO CONTRACTORS - The advertisement for bid proposals for work or materials.

The advertisement will indicate with reasonable accuracy the quantity and location of the work to be done or the character and estimated quantity of the material to be furnished and the time and place of the opening of bid proposals.

NOTICE TO PROCEED - Written notice to the Contractor to begin with the contract work.

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.

PLAN QUANTITY - The quantity of a contract item shown on the bid item file and the plans.

PLANS - The contract drawings showing the location, character, and dimensions of the prescribed work, including plan notes, layouts, profiles, cross sections, and contract documents.

PREQUALIFICATION STATEMENT - The forms on which the Contractor will furnish required information as to the Contractor’s ability to perform and finance work.

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

PROJECT - The specific location, area, or section of the highway together with all appurtenances and construction to be performed under the contract.

PROJECT CONTROL NUMBER (PCN) - A number generated by the Department for project tracking. Found on the cover sheet of the plans.

PROJECT MANAGER - See Contractor.

PROJECT SUPERINTENDENT - See Contractor.

PROJECT NUMBER - A number generated by the Department containing coded project data. Found on the cover sheet of the plans.

PROJECT QUESTION AND ANSWER (Q&A) FORUM - An online medium for project specific questions and answers between prospective bidders and the Department.

PROPOSAL FORM - The prescribed form on which the bidder’s offer is submitted.

REGION ENGINEER - See Engineer.

REGIONAL LETTING - See letting.

RESPONSIVE BID PROPOSAL - A bid proposal that meets all requirements of the proposal package.

RESPONSIBLE BIDDER - A bidder whose bid proposal meets all of the Department’s bidding requirements.

RIGHT-OF-WAY - A general term denoting the property interest acquired for or devoted to a highway use.

ROAD - A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.

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

ROADSIDE - A general term denoting the area adjoining the outer edge of the roadway.

Extensive areas between the roadways of a divided highway may also be considered roadside.

ROADWAY - The portion of a highway within limits of construction.

SDEBS LETTING - See letting.

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

SIDEWALK - That portion of the roadway primarily constructed for use by pedestrians.

SPECIAL PROVISIONS - See specifications.

SPECIFICATIONS - A general term applied to all directions, provisions, and requirements pertaining to performance of the work.

Special Provisions - Additions and revisions to the standard and supplemental specifications applicable to an individual project.

Standard Specifications - A book of specifications approved for general applications and repetitive use.

Supplemental Specifications - Approved additions and revisions to the standard specifications.

STANDARD SPECIFICATIONS - See specifications.

STATE - The State of South Dakota acting through its authorized representative.

STREET - A general term denoting a public way for purposes 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 which may be encountered in the work and not otherwise classified.

SUBBASE - The layer or layers of specified or selected material of designated thickness placed on a subgrade to support a base course or a surface course.

SUBCONTRACTOR - See Contractor.

SUBGRADE - The top surface of a roadbed upon which the pavement structure and shoulders, including curbs, are constructed.

SUBSTRUCTURE - That part of a structure below the bearings of simple and continuous spans, skewback of arches, and top of the footings of rigid frames; including backwalls, wingwalls, and wing protection railings. For reinforced concrete slab bridges, that portion below the deck slab.

SUPERINTENDENT - See Contractor.

SUPERSTRUCTURE - The entire structure except the substructure.

SUPPLEMENTAL SPECIFICATIONS - See specifications.

SURETY - See Contractor.

SURFACE COURSE - One or more layers of a pavement structure designed to accommodate the traffic load, the top layer of which resists skidding, traffic abrasion, and the disintegrating effects of climate. The top layer sometimes called "Wearing Course".

TOWNSHIP, CITY, TOWN, OR DISTRICT - A subdivision of the county used to designate or identify the location of the project.

TRAFFIC - Vehicles, pedestrians, and other modes of transportation.

UNBALANCED BID - A bid proposal that does not reflect the true cost of providing the material, equipment, and labor required to complete the contract item.

Materially Unbalanced Bid - A bid proposal in which there is reasonable doubt award to the bidder submitting the mathematically unbalanced bid will result in the lowest ultimate cost to the Department.

Mathematically Unbalanced Bid - A bid proposal containing contract unit prices that do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs, which the bidder anticipates for the performance of the contract items in question.

TRAVELED WAY - The portion of the roadway for the movement of vehicles, exclusive of shoulders.

WORK - The providing of all labor, materials, equipment, and incidentals necessary to the successful completion of the project in accordance with the contract.

WORKING DRAWINGS - Shop drawings, shop plans, erection plans, falsework plans, framework plans, bending diagrams for reinforcing steel, or supplementary plans or similar data which the Contractor is required to submit to the Engineer for review.

WRITTEN ORDER - An order, issued in writing by the Engineer, of a contractual status requiring performance by the Contractor without negotiation of any sort.

BIDDING REQUIREMENTS AND CONDITIONS 2

2.1 PREQUALIFICATION OF BIDDERS - Prequalification on state highway construction contracts is required unless the amount being bid is less than $200,000.

A prospective bidder must be prequalified prior to the time and date specified for bid opening.

A prospective bidder may apply for prequalification by completing and executing a Contractor’s prequalification statement on a form approved by the Department. This application must be received by the Department's classification and rating committee at least 14 calendar days prior to the letting date.

Once prequalified, the Department will issue a notice to the prospective bidder stating the prospective bidder’s approved work classification or work classifications, the prospective bidder’s overall bidding capacity, the prospective bidder’s per contract bidding capacity, and the prospective bidder’s expiration date for prequalification status.

The complete prequalification requirements are contained in South Dakota Administrative Rule 70:07.

2.2 ELECTRONIC IDENTIFICATION - For contracts let using the South Dakota Electronic Bid System (SDEBS), a prospective bidder must register as a new user on the Department’s website to obtain a company identification and password. Certain bidding documents will only be available for download with proper company identification and password. Each company will receive one company identification and password.

In addition to the company identification and password, a prospective bidder must obtain a bidder identification and password for each individual who will be authorized to submit a bid proposal on behalf of the company. To authorize an individual to submit a bid proposal on behalf of the company and obtain the bidder identification(s) and password(s), the company must complete a Bidding Authorization Form (available on the Department’s website), furnishing all required information and all appropriate notarized signatures, and submit the form to the Department no later than 48 hours prior to the bid opening.

The individual receiving this bidder identification and password must be an authorized agent of the company having legal authority to do business for the company.

2.3 ISSUANCE OF BIDDING PACKAGE - The Department will issue bidding packages for projects let using the Regional Letting process and the SDEBS Letting process.

For contracts let using the SDEBS Letting process, the Department will not place restrictions on who may download the bidding package, except certain documents will require a company identification described in Section 2.2. The bidder must verify the bidder’s prequalification status prior to bidding. The Department will verify bidder status in accordance with Section 3.1 prior to opening bids.

2.4 CONTENTS OF BIDDING PACKAGE - The bidding package consists of the proposal booklet, plans, electronic design files, specifications, special provisions, supplemental specifications, addenda, project question and answer (Q&A) forum, and electronic bid files.

The bidding package will state the location and description of the contemplated construction, show the estimate of the various quantities and type of work to be performed

2 BIDDING REQUIREMENTS AND CONDITIONS

or materials to be furnished, and will have a schedule of items for which unit bid prices are invited. The bidding package will state the time in which the contract work must be completed, the time and date deadline for submitting the required bid proposals, and prequalification requirements.

A. Regional Lettings - Pages bound or attached to the bidding package by the

Department are considered a part of the bidding package and must not be detached or altered when the bid proposal is submitted, except the bidder may attach a substitute bid schedule as provided in Section 2.7. Plans, specifications, and other documents included by reference in the bidding package will be considered a part of the bidding package whether attached or not.

B. SDEBS Lettings - Prospective bidders must refer to the SDDOT website to acquire the bidding package.

The Department will open the project Q&A forum when the project is advertised for letting. Prospective bidders are responsible for periodically checking the project Q&A forum for new questions and answers. The Department will post questions and answers, but will provide no additional notification of the posting of questions and answers. Prospective bidders may post new questions to the project Q&A forum until 10:00 AM CT on the Friday prior to the letting, at which time prospective bidders will be locked from further posting. The Department may post new questions and answers to the project Q&A forum up until 10:00 AM CT on the Tuesday prior to the letting, at which time the project Q&A forum will be final and locked from all editing. In submitting a complete and final bid, a prospective bidder will be deemed to have accounted for any and all information posted to the final project Q&A forum regardless of when the prospective bidder submits a bid proposal.

2.5 INTERPRETATION OF QUANTITIES IN BIDDING PACKAGE - The quantities appearing in the bidding package are estimates and are prepared for the comparison of bids. The Engineer will make payment to the Contractor for the actual quantities of work performed or materials furnished in accordance with the contract. The estimated quantities of work to be done and materials to be furnished may each be increased, decreased, or deleted as provided in these specifications.

2.6 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF

WORK - The bidder must examine the project site and the entire bidding package for the work contemplated. The bidder’s submission of a bid proposal will be considered conclusive evidence the bidder has investigated and is satisfied as to the conditions to be encountered; the character, quality, and quantities of work to be performed; and materials to be furnished, according to all contract documents.

Boring logs and other records of subsurface investigations are available for inspection by prospective bidders upon request. Prospective bidders must understand this information was obtained and is intended for Department design and estimating purposes only. The Department cannot guarantee the accuracy of this information. This information is made available so all prospective bidders have access to the same subsurface information available to the Department. The furnishing of this information is not intended as a substitute for the prospective bidder’s personal investigation, interpretation, and judgment.

The Department will not be bound by any statement or representation made by any Department employee or agent prior to the execution of the contract, unless included in the bidding package.

A prospective bidder must request any explanation regarding the meaning or interpretation of the bidding package in adequate time to allow a Department reply to reach all prospective bidders before submission of final bid proposals.

A. Regional Lettings - For contracts let using the Regional Letting process, the bidder will contact the office responsible for the letting. The Department may answer the request for explanation by issuing an addendum to all prospective bidders, as deemed appropriate by the Department in its sole discretion. The Department will make any addendum available to all prospective bidders before the time specified for opening of bid proposals.

The bidder will not take advantage of any apparent error, omission, or ambiguity in the bidding package. If the bidder discovers an error, omission, or ambiguity, the bidder will immediately notify the Department of the apparent error, omission, or ambiguity and its perceived consequences. The bidder will notify the Department by contacting the region office responsible for the letting. The Department may certify the error, omission, or ambiguity and may issue an addendum to all prospective bidders, as deemed appropriate by the Department in its sole discretion. The Department will make any addendum available to all prospective bidders before the time specified for opening of bid proposals.

B. SDEBS Lettings - For contracts let using the SDEBS, the bidder will contact the

Department by submitting a request for explanation to the project Q&A forum. If the deadline for submitting questions to the project Q&A forum has passed, the bidder will submit the request for explanation to the Department Bid Letting Office. The Department may answer the request for explanation on the project Q&A forum or issue an addendum to all prospective bidders, as deemed appropriate by the Department in its sole discretion. The Department will furnish any addendum to all prospective bidders by electronic addendum before the time specified for opening of bid proposals.

The bidder will not take advantage of any apparent error, omission, or ambiguity in the bidding package. If the bidder discovers an error, omission, or ambiguity, the bidder will immediately notify the Department of the apparent error, omission, or ambiguity and its perceived consequences. The bidder will notify the Department by submitting a question to the project Q&A forum. If the deadline for submitting questions to the project Q&A forum has passed, the bidder will notify the Department Bid Letting Office. The Department may certify the error, omission, or ambiguity and may answer the question on the project Q&A forum or issue an addendum to all prospective bidders, as deemed appropriate by the Department in its sole discretion. The Department will furnish any addendum to all prospective bidders by electronic addendum before the time specified for opening of bid proposals.

2.7 PREPARATION OF BID PROPOSAL - The Bidder will prepare the bid proposal as described in the following:

A. Regional Lettings - The Bidder will prepare the bid proposal on the forms furnished by the Department. The Bidder will specify a unit price in numerals for each pay item for which a quantity is given, show the products of the respective unit prices and quantities written in numerals in the column provided for that purpose, and show the total amount of the bid proposal obtained by adding the amounts of all products. Numerals will be in ink or typed. The Department will refer to Section 3.2 in case of a discrepancy between the unit prices written in numerals for a pay item, the resultant product, and the total amount of the bid proposal.

The bidder must specify a unit price, in numerals, for each bid item for which a quantity is given. A unit price cannot be “$0.00.”

In case of a discrepancy between the line number, bid item description, or quantity shown in the bid proposal and the corresponding item shown in the plans, the bid item description and the quantity shown in the bid proposal will govern.

When the bidding package contains an alternate bid item or group(s) of alternate bid items, the bidder must indicate a choice for each available item or group in accordance with the proposal for the particular item or group.

The bidder's bid proposal must be signed by the individual, by one or more members of the partnership, by one or more members or officers of each firm representing a joint venture, by one or more officers of a corporation, or by an agent of the Contractor legally having a power of attorney. If signing pursuant to a power of attorney, the agent must be qualified and acceptable to the Department and a copy of the power of attorney must be attached to the bid proposal or previously filed with the Department. If the bid proposal is made by an individual, the individual's name and post office address must be shown; if by a partnership, the name and post office address of each partnership member must be shown; if by a joint venture, the name and post office address of each member or officer of the firms represented by the joint venture must be shown; if by a corporation, the name and business address of the corporation must be shown.

The bidder may attach a substitute bid schedule in lieu of completing the original bid schedule, provided all of the provisions of this section are complied with. If the bidder uses a substitute bid schedule, the bidder will attach the substitute bid schedule to the original bid schedule. The bidder will include the following at the top of each page of the substitute bid schedule:

Letting Date Project Number

PCN

County Type of Work Bidder's Name and Address

The substitute bid schedule will have the following column headings: line number, item description, estimated quantity, unit designation, unit bid price, and amount bid for each item. The substitute bid schedule will include total or gross sum bid below the last bid item. The substitute bid schedule will be in the legal name of the bidder and include the signature and title of an authorized representative, as required by this section. The original bid schedule does not need to be signed when using a substitute bid schedule unless the original bid schedule is used to authorize additional signatures. The bidder will also include the total or gross sum bid on the original bid schedule. In case of a discrepancy between the line number, bid item description, or quantity shown in the original bid schedule and that shown for any of these entries on the substitute bid schedule, the line number, bid item description, and the quantity shown in the original bid schedule will govern. The unit bid price shown for each line number on the substitute bid schedule will govern whether or not the product shown is correct. The substitute bid schedule page size and size of printed characters will be approximately the same as the original bid schedule. Solid lines for separating columns and line numbers need not be printed. At least one blank line or space will separate each line number. Columns may be arranged either vertically or horizontally on the substitute bid schedule. Pages must be arranged and numbered sequentially.

B. SDEBS Lettings - The bidder must prepare and submit a bid proposal using the latest version of the SDEBS. A prospective bidder may obtain the latest version of the SDEBS software from the Department website.

The bidder must specify a unit price, in numerals, for each bid item for which a quantity is given. A unit price cannot be “$0.00.”

When the bidding package contains an alternate bid item or group(s) of alternate bid items, the bidder must indicate a choice for each available group by entering unit prices for all bid items within the alternate chosen.

The bidder must complete all required fields in the SDEBS. If the bidder does not completely fill out all required fields the Department may consider the bid irregular and reject the bid proposal in accordance with Section 3.2.

For bidding purposes, in case of a discrepancy between the bid item description or quantity shown in the SDEBS and the corresponding item shown in the plans, the bid item description and the quantity shown in the SDEBS will govern.

2.8 BID PROPOSAL GUARANTY - The Bidder will secure a bid proposal guaranty as described in the following:

A. Regional Lettings - No bid proposal will be considered unless accompanied by a guaranty of the character and the amount indicated in the bid proposal form.

B. SDEBS Lettings - The Department will not consider any bid proposal unless the bidder has furnished the Department a guaranty in the amount of 5% of the total amount of the bid prior to opening of the bids. Satisfactory forms of proposal guaranties are certified checks, cashier’s checks, bank drafts issued upon a national or state bank, and bid bonds issued in accordance with South Dakota law. If the bidder uses an electronic bid bond, the bidder must submit the bid bond identification number with the bid proposal.

Unless otherwise specified in the bidding package, the proposal guaranty must be made payable at sight to the “South Dakota Department of Transportation.”

2.9 BIDDER SUBMITTED BID PROPOSAL LIMITATIONS - A Bidder may submit a written statement providing limitation of work for a single bid letting date. The bidder must submit the written bid proposal limitation statement to the Department prior to the time and date set for opening the bid proposals.

A bidder may submit a written statement providing limitation of work for bid proposals submitted in subsequent bid proposal openings provided the Department has not awarded contracts from an earlier bid letting date by the time of the latter bid letting date; and, the bidder submits the written bid proposal limitation statement to the Department prior to the time and date set for opening bid proposals of the latter bid letting date.

A written bid proposal limitation statement must include the following information:

A. Identification of the bidder’s company name and name and title of the employee submitting the bid proposal limitation statement;

B. Identification of the bid proposal opening date or dates and the contracts for which the limitations apply; and, C. A statement of the total dollar volume of work or number of contracts acceptable to the bidder.

If a bidder submits a bid proposal limitation statement and becomes the apparent low bidder on multiple contracts exceeding the limitations the bidder has set forth, the Department will determine, in its sole discretion, which contract or contracts will be awarded to the bidder within the limitations set by the bidder.

2.10 SUBMISSION OF BID PROPOSAL - The bidder will submit the bid proposal as described in the following:

A. Regional Lettings - The bidder will place the bid proposal in a sealed envelope plainly marked to indicate its contents. When sent by mail, the bidder will address the sealed proposal to the Department in care of the official responsible for the letting. The bidder will file the bid proposal prior to the time and date and at the place specified by the Notice to Contractors. The Department will not accept any bid proposal received after the time and date specified for opening of bid proposals and will return any late bid proposal to the bidder unopened.

B. SDEBS Lettings - A bidder must submit a bid proposal electronically using the SDEBS to the Department’s secure bid submission site prior to the time and date specified by the Notice to Contractors in the bidding package. The Department will not accept any bid proposal received after the time specified for opening of bid proposals.

2.11 WITHDRAWAL OR REVISION OF BID PROPOSAL PRIOR TO LETTING - A bidder may withdraw or revise a bid proposal after it has been submitted, if the withdrawal is made before the time set for opening bid proposals and according to the following:

A. Regional Lettings - A bidder may withdraw or revise a bid proposal after it has been deposited with the Department, if the request for withdrawal or revision is received by the Department in writing before the time set for opening bid proposals.

B. SDEBS Lettings - A bidder may withdraw or revise and resubmit a bid proposal any time prior to the time and date set for opening the proposals. The Department will consider only the last bid proposal submitted as a valid bid proposal for the letting item.

A bidder may withdraw or revise and resubmit a bid proposal only through the Department’s secure bid proposal submission site.

2.12 COMBINATION BIDDING PACKAGES – When…