Road and Bridge Construction

(1)

Standard Specifications

for

Road and Bridge

Construction

Volume 1 of 2

Prepared by

NORTH DAKOTA DEPARTMENT OF TRANSPORTATION

BISMARCK, NORTH DAKOTA www.discovernd.com/dot

DIRECTOR

David A. Sprynczynatyk, P.E.

DEPUTY DIRECTOR FOR ENGINEERING

Grant Levi Adopted October 2002

(2)

Working titles having a masculine gender, such as workman, workmen, and foreman, and pronouns such as he, his, and him are utilized in these Specifications for the sake of brevity and are intended to refer to persons of either sex.

(3)

(4)

SECTION 100 GENERAL PROVISIONS

(9)

(10)

SECTION 101 ABBREVIATIONS AND DEFINITIONS

101.01 ABBREVIATIONS 101.02 DEFINITIONS

SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS

102.01 PREQUALIFICATION OF BIDDERS 102.02 CONTRACTOR’S LICENSE

102.03 CONTENTS OF PROPOSAL FORMS 102.04 ISSUANCE OF PROPOSAL FORMS

102.05 INTERPRETATION OF QUANTITIES IN BID SCHEDULE

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

102.07 PREPARATION OF PROPOSALS 102.08 IRREGULAR PROPOSALS 102.09 PROPOSAL GUARANTY 102.10 DELIVERY OF PROPOSALS

102.11 WITHDRAWAL OR REVISION OF PROPOSALS 102.12 PUBLIC OPENING OF PROPOSALS

102.13 DISQUALIFICATION OF BIDDERS

SECTION 103 AWARD AND EXECUTION OF CONTRACT

103.01 CONSIDERATION OF PROPOSALS 103.02 AWARD OF CONTRACT

103.03 CANCELLATION OF AWARD

103.04 RETURN OF PROPOSAL GUARANTY 103.05 REQUIREMENT OF CONTRACT BOND 103.06 EXECUTION AND APPROVAL OF CONTRACT 103.07 FAILURE TO EXECUTE CONTRACT

103.08 ESCROW OF BID DOCUMENTATION

SECTION 104 CONTRACT ADJUSTMENTS

(11)

104.02 SUBLETTING OF CONTRACT

104.03 ALTERATION AND CHANGE OF PLANS OR CHARACTER OF WORK

A. Significant Changes in the Character of Work B. Increased or Decreased Quantities

C. Eliminated Items D. Extra Work

104.04 DIFFERING SITE CONDITIONS

104.05 ADDITIONAL COMPENSATION FOR SUSPENSION OR DELAY OF WORK

104.06 CLAIM FOR EXTRA COMPENSATION A. Notice of Intent to File a Claim

B. Submission of the Claim C. Department’s Response to Claim

D. Conditions Precedent to Contractor’s Demand for Arbitration 104.07 CLAIMS AGAINST CONTRACTOR

104.08 VALUE ENGINEERING INCENTIVE

SECTION 105 CONTROL OF WORK

105.01 GENERAL

105.02 CONTRACTOR REQUIREMENTS 105.03 COOPERATION WITH UTILITIES

105.04 COOPERATION BETWEEN CONTRACTORS

105.05 COORDINATION OF PLANS, STANDARD SPECIFICATIONS, SUP PLEMENTAL SPECIFICATIONS, AND SPECIAL PROVISIONS 105.06 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT 105.07 CONFORMITY WITH PLANS AND SPECIFICATIONS 105.08 PLANS AND WORKING DRAWINGS

105.09 AUTHORITY OF THE ENGINEER 105.10 CONSTRUCTION STAKING 105.11 DUTIES OF THE INSPECTOR 105.12 INSPECTION OF WORK 105.13 ACCEPTANCE A. General B. Opening to Traffic C. Partial Acceptance D. Final Acceptance

(12)

105.15 FURNISHING RIGHT OF WAY

SECTION 106 CONTROL OF MATERIAL

106.01 GENERAL METHODS OF MATERIAL ACCEPTANCE 106.02 LOCAL MINERAL AGGREGATE SOURCES

A. General

B. State Optioned Deposits C. State Owned Deposits D. Private Owned Deposits

106.03 SAMPLES, TESTS, CITED SPECIFICATIONS 106.04 STORAGE OF MATERIALS

106.05 HANDLING MATERIALS

106.06 STOCKPILING AGGREGATE AND SALVAGED MATERIAL 106.07 RIGHTS IN AND USE OF MATERIAL FOUND IN THE WORK 106.08 DEPARTMENT FURNISHED MATERIAL

106.09 BUY AMERICAN PRODUCTS 106.10 CONVICT LABOR

106.11 QUALIFIED LABORATORIES AND TESTING PERSONNEL

SECTION 107 LEGAL RELATIONS AND RESPONSIBILITIES

107.01 LAWS TO BE OBSERVED

107.02 PERMITS, LICENSES, AND TAXES

107.03 PATENTED DEVICES, MATERIALS, AND PROCESSES 107.04 HISTORICAL PRESERVATION RESPONSIBILITIES 107.05 RESPONSIBILITY TO THE PUBLIC

A. Maintaining Traffic 1. General

2. Special Bypasses

3. Maintenance of Traffic During Suspension of Work 4. Maintenance Directed by the Engineer

5. Parking of Equipment, Vehicles, and Stored Materials 6. Urban Work

B. Haul Roads 1. General

2. Designation of Haul Roads 3. Pre-Haul Inspection 4. Materials

(13)

6. Method of Measurement 7. Basis of Payment C. Use of Explosives

D. Protection and Restoration of the Property E. Responsibility for Damage Claims F. Personal Liability of Public Officials 107.06 RAILWAY HIGHWAY PROVISIONS

A. Indemnification B. Railway Protection

C. Railway Protection Insurance 1. General Liability 2. Policy

D. Railway Public Liability Insurance E. General Insurance Requirements F. Basis of Payment

107.07 PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE A. Insurance Requirements

B. General Requirements C. Subcontractor

107.08 HAZARDOUS MATERIAL 107.09 CIVIL RIGHTS

107.10 INERT WASTE DISPOSAL

SECTION 108 PROSECUTION AND PROGRESS

108.01 PROSECUTION AND PROGRESS 108.02 NOTICE TO PROCEED

108.03 LIMITATION OF OPERATIONS

108.04 DETERMINATION AND EXTENSION OF CONTRACT TIME A. Contract Time

B. Working Day Contracts C. Completion Date Contracts D. Increased Work

E. Delayed Delivery of Materials F. Other Delays

G. Request for Additional Time

H. Conversion of Working Day to Calendar Day I. Weekly Statement of Time Charges

J. Failure to Complete on Time K. Unsatisfactory Progress

L. Incentive/Disincentive Provisions

108.05 DEFAULT AND TERMINATION OF CONTRACT 108.06 TERMINATION OF CONTRACT

SECTION 109 MEASUREMENT AND PAYMENT

(14)

109.02 SCOPE OF PAYMENT 109.03 FREIGHT RATES 109.04 FORCE ACCOUNT A. Labor B. Materials C. Equipment D. Miscellaneous E. Subcontracting F. Authority of Engineer G. Daily Records H. Statements I. Compensation J. Specialty Work K. Payment 109.05 PARTIAL PAYMENT

109.06 PAYMENT FOR MATERIAL ON HAND

109.07 COMPENSATION FOR ALTERED QUANTITIES 109.08 ACCEPTANCE AND FINAL PAYMENT

109.09 CONVERSION TO METRIC SYSTEM

SECTION 110 ENVIRONMENTAL PROTECTION

110.01 DESCRIPTION 110.02 MATERIALS 110.03 PRECONSTRUCTION CONFERENCE 110.04 OPERATIONAL CONTROLS 110.05 EROSION CONTROLS

(15)

(16)

101.02

SECTION 101 ABBREVIATIONS AND DEFINITIONS

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

101.01 ABBREVIATIONS.

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

AISI American Iron and Steel Institute

ANSI American National Standards Institute, Inc. ARA American Railway Association

AREA American Railway Engineering Association

ARTBA American Road and Transportation Builders Association ASCE American Society of Civil Engineers

ASLA American Society of Landscape Architects ASTM American Society for Testing and Materials ATSSA American Traffic Safety Services Association AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society

CFR Code of Federal Regulations CPM Critical Path Method

DBE Disadvantaged Business Enterprise

FHWA Federal Highway Administration, Department of Transportation FSS Federal Specifications and Standards, General Services Administration MUTCD Manual on Uniform Traffic Control Devices

NEMA National Electric Manufacturer’s Association NDCC North Dakota Century Code

NDDOT North Dakota Department of Transportation OSHA Occupational Safety and Health Administration SAE Society of Automotive Engineers

SSPC Steel Structures Painting Council UL Underwriters Laboratory, Inc.

101.02 DEFINITIONS.

Act of God. An unforeseeable act, event, or happening resulting from natural causes

(17)

101.02

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

opening.

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

materials to be furnished.

Award. The Department’s acceptance of a Proposal.

Base Course. The layer or layers of specified or selected material placed on a subbase

or subgrade to support a surface course.

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

Bid Documents. All writings, working papers, computer printouts, charts, and all

other data compilation which contain or reflect information, data, or calculations used by the Bidder to determine the bid proposal submitted, including but not limited to ma terial relating to the determination and application of:

Equipment rates,

Overhead rates and related time schedules, Labor rates,

Efficiency or productivity factors, Arithmetic extensions, and

Subcontractor and material supplier quotations

Any manuals which are standard to the industry used by the Bidder in determining the bid proposal. These manuals may be included in the bid documentation by reference and will show the name and date of the publication and the Publisher.

Bid Opening. The public opening of bid proposals submitted at the prescribed time

and date meeting Department requirements and procedures.

Bid Schedule. A list of the bid items and estimated quantities in the Proposal. Bridge. A single-span or multiple-span structure including supports, erected over a

depression or obstruction such as water, highway, or railway; and having a track or pas sageway for carrying traffic or other moving loads; and having a length measured along the center of roadway of more than 20 feet between undercropings of abutments or extreme ends of openings for multiple boxes.

Bridge Length. The greater dimension of a structure measured along the center of the

roadway between backs of abutment walls or between ends of bridge deck.

Bridge Roadway Width. The clear width of a 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.

Calendar Day. Every day shown on the calendar including Sundays and holidays. A

day begins and ends at midnight.

Change Order. A written order from the Department to the Contractor, covering

changes in Contract documents, for Extra Work within the scope of the Contract, and for establishing the basis of payment or time adjustments for work affected by the

(18)

101.02

changes. This may include additional items of work or an adjustment in unit prices. When the work involved necessitates an adjustment in the Contract terms, it must be signed by the Contractor and Chief Engineer, or his representative, before it becomes effective. A Change Order signed by all parties to the Contract is a supplemental agree ment.

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

Clue. A potential source of aggregate material identified in the Proposal and, if used, is

considered a Contractor-furnished material source.

Completion. The project is complete when all work under the Contract has been satis

factorily completed and is open to traffic or available for use by the traveling public; and the Project is in condition for final acceptance.

Conformity. Compliance with reasonable and customary manufacturing and con

struction tolerances where working tolerances are not specified. Where working toler ances are specified, conformity means compliance with such tolerances.

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 Proposal, Contract Form and Contract Bond, Specifica tions, Supplemental Specifications, Special Provisions, Standard Drawings, general and detailed Plans, work drawings, any Change Orders and Supplemental Agreements required to complete the work and authorized extensions of time.

Contract Bond. The security, executed by the Contractor and the Surety or Sureties,

furnished to the Department to guarantee complete execution of the Contract and all Supplemental Agreements and the payment of all legal debts pertaining to project con struction.

Contract Item (Pay Item). A specific unit of work for which a price is provided in the

Contract.

Contract Time. The number of work days, calendar days, a combination of the two, or

a final calendar date allowed for completion of the Contract including authorized time extensions.

Contractor. The individual, or legal entity contracting with the Department for per

formance of prescribed work.

County. The county in which the work is located.

Critical Path Method. A planning, scheduling, and control technique whereby a con

struction Project is completely planned and scheduled utilizing an arrow diagram drawn to show the interconnected individual tasks involved in constructing the Project.

Culvert. Any structure under the roadway with a clear opening of 20 feet or less meas

ured along the center of the roadway.

Department. The North Dakota Department of Transportation (NDDOT) or its repre

(19)

101.02

Director. The Director of the North Dakota Department of Transportation acting di

rectly or through authorized representatives.

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

tions.

Driving Lane. The portion of the highway, excluding shoulders, normally used to ac

commodate the movement of vehicular traffic.

Employee. Any person working on the Project covered by the Contract who is under

the direction or control of, or receives compensation from the Contractor or Subcon tractor.

Engineer. The Chief Engineer of the Department, acting directly or through an author

ized representative who is responsible for engineering supervision of construction.

Equipment. All machinery, tools, apparatus, and supplies necessary for the upkeep,

maintenance, construction, and completion of the Project.

Expressway. A divided arterial highway for through traffic with full or partial control

of access and generally with grade separations at intersections.

Extra Work. Work not provided for in the Contract but considered essential by the

Engineer for satisfactory completion of the Contract within its intended scope.

Extra Work Order. A Change Order for the performance of work or furnishing of

materials involving Extra Work at agreed prices or on a Force Account basis.

Federal Aid Project. A Project which is constructed entirely or partially with Federal

Funds.

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

Engineer.

Fog Coat. A thin application of bitumen applied to the pavement surface, with or

with-out a sand coating.

Force Account. Payment for extra work on the basis of actual costs plus approved ad

ditives.

Fractured Material. Aggregate crushed to a smaller size from a larger size. (i.e. ag

gregate retained on a 5/8” sieve crushed to produce aggregate of 1/2” or less in size.)

Freeway. An expressway with full control of access.

Frontage Street or Road. A local street or road located along side a highway for serv

ice to abutting property, adjacent areas and for control of access.

Geotextile. Any textile material generally of knitted, woven, or non-woven fabric. Grade Separation. A crossing of two highways, or a highway and a railroad, at differ

ent levels.

Highway, Street, or Road. A general term denoting a public way for purposes of ve

(20)

101.02

Holidays. State of North Dakota holidays are as follows:

Every Sunday.

The first day of January, which is New Year’s Day.

The third Monday of January, which is Martin Luther King Day. The third Monday of February, which is President’s Day.

The Friday just before Easter Sunday and commonly known as Good Friday. The last Monday in May, which is Memorial Day.

The fourth day of July, which is the anniversary of the Declaration of Independence. The first Monday in September, which is Labor Day.

The eleventh day of November, which is Veteran’s Day. The fourth Thursday in November, which is Thanksgiving Day. The twenty-fifth of December, which is Christmas Day.

Every day appointed by the President of the United States or by the Governor of this State as a public holiday.

When a holiday falls on a Saturday, the preceding Friday shall be the holiday; or, when a holiday falls on a Sunday, the following Monday shall be the holiday.

The twenty-fourth of December, Christmas Eve day, will be a half-day holiday when it falls on a Monday, Tuesday, Wednesday, and Thursday. State offices will close at 12 noon that day.

Incentive/Disincentive Provisions. An adjustment to the Contract price of a prede

termined amount for each day the work is completed ahead of or behind the specified milestone, phase, or Contract completion dates.

Inspector. The Engineer’s authorized representative assigned to make detailed in

spections of Contract performance.

Invitation for Bids. The advertisement for Proposals for work or materials on which

bids are requested. The advertisement will indicate, with reasonable accuracy the quantity and location of work to be performed, the character and quantity of material to be furnished, and the time and place of the opening of Proposals.

Laboratory. The testing laboratory of the Department or any other testing laboratory

designated by the Engineer.

Major and Minor Contract Items. A major item is any Contract item having a

Con-tract value in excess of 5% of the total original ConCon-tract amount. All other items are minor items.

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

Materially Unbalanced Bid. A bid in which bid items are so mathematically unbal

anced that a change in quantities could result in an added cost to the Department that is higher than if a balanced bid were used.

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

Mathematically Unbalanced Bid. A bid containing unbalanced lump sum or unit bid

items which do not reflect the bidder’s actual costs plus a proportionate share of antici pated profit, overhead, and indirect costs.

(21)

101.02

Median. The portion of a divided highway separating the traveled ways. M Gal. 1,000 gallons.

Notice to Proceed. A written notice to the Contractor to begin the Contract work; or,

in lieu of such written notice, the delivery of the executed Contract documents to the Contractor will serve as “notice to proceed.”

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.

Plans. The Contract drawings showing location, character, and dimensions of the

pre-scribed work including layouts, profiles, cross sections, and other details.

Prequalified Bidder. A bidder who has submitted evidence satisfying the Department

as to the bidder’s qualifications based on integrity, responsibility, and competence relative to the type and size of the contemplated Projects, and has received written authorization to bid from the Department.

Prequalification Forms. The specified forms on which required information is fur

nished concerning the bidder’s ability to perform and finance the work.

Prime Coat. A surface application to coat and bind the aggregate base.

Profile. A charted line indicating grades and distances and usually depth of cut and

height of fill for excavation and grading work; taken along a centerline or other desig nated line. A side view, as distinct from a plan or overhead view.

Project. The specific section of highway on which construction is to be performed un

der the Contract.

Proposal. (Commonly referred to as Bid) The Bidder’s offer on Department forms, to

perform the work at the prices quoted.

Proposal Form. (Commonly referred to as Proposal) The prescribed forms on which

the Department requires bids to be prepared and submitted for the work.

Proposal Guaranty. The security furnished to guarantee the Bidder will enter into the

Contract if the Proposal is accepted.

Responsive Bid. A bid which meets all requirements of the “Invitation for Bids.” Responsible Bidder. A bidder who has met all of the Department’s prequalification

requirements.

Right of Way. A general term denoting land, property, or interest therein, acquired for

or devoted to a highway.

Roadbed. The graded portion of a highway, within top and side slopes, prepared as a

foundation for the pavement structure and shoulder.

Roadside. The area adjoining the outer edge of the roadway. Extensive areas between

(22)

101.02

Roadway. The portion of a highway including shoulders for vehicular use. Roadway Prism. The cross-sectional view of a roadway at a given point.

Shop Drawings. Incidental drawings furnished by the Contractor illustrating how a

specific portion of the work shall be fabricated or installed.

Shoulder. The portion of the roadway adjacent to the traveled way for accommodation

of stopped vehicles for emergency use and for lateral support of base and surface courses.

Sidewalk. The portion of the roadway primarily constructed for pedestrian use. Sieve. U.S.A. Standard Sieve, as defined in AASHTO M 92. Percent passing sieve

sizes is by weight.

Special Provisions. Additions and revisions to the Standard and Supplemental Speci

fications covering special conditions on an individual project.

Specialty Item. Item of work that requires specialized knowledge, abilities, or equip

ment not ordinarily required with the major type of work specified in the Contract.

Specifications. Compilation of Special Provisions and Standard and Supplemental

Specifications for performance of prescribed work.

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

completed.

Stabilization. The modification of soils or aggregates by incorporating materials that

increases load-bearing capacity, firmness, or resistance to weathering or displacement.

Standard Details. An approved set of drawings showing standard details of construc

tion and materials.

Standard Specifications. A book of Specifications approved for general application

and repetitive use.

State. The State of North Dakota acting through its authorized representative. State Aid Project. A Project which is constructed entirely with State Funds or State

and local subdivision funds.

Station. When used as a definition or term of measurement, a station is 100 linear feet. Structures. Bridges, culverts, catch basins, drop inlets, retaining walls, cribbing,

manholes, endwalls, buildings, sewers, service pipes, underdrains, foundation drains, and similar features which may be encountered in the work.

Subcontractor. An individual, or legal entity with whom the Contractor sublets part of

the Contract.

Subbase. The layers of specified or selected material of designated thickness placed

(23)

101.02

Subgrade. The top surface of an embankment or cut section on a graded roadway. It is

the foundation for the subbase, base, and surface course.

Substantial Completion. A Project is substantially complete when it is open for safe

and convenient use by the traveling public, and all necessary safety features are in place; or, if not to be opened to traffic, when it is ready for the subsequent Project.

Substructure. All of the structure below the bearings of simple and continuous spans,

skewbacks of arches and tops of footings of rigid frames, including the backwalls, wingwalls and wing protection railings.

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

the work.

Superstructure. The entire structure except the substructure.

Supplemental Agreement. A written agreement for the performance of work which

is beyond the scope of the original Contract but which the Department elects to per-form in conjunction with the existing Contract.

Supplemental Specifications. Approved additions and revisions to the Standard

Specifications.

Surcharge. Additional fill material above the grade line for the purpose of adding

weight.

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

Guaranty.

Surface Course. One or more layers of a pavement structure designed to accommo

date the traffic load; the top layer of which resists skidding and traffic abrasion. The top layer is sometimes called “Wearing Course.”

Tack Coat. An application of bitumen to an existing asphalt surface to provide bond

with the next course.

Titles (or Headings). The titles or headings of the Sections and Subsections in this

book are for reference only and shall have no bearing on the interpretation of specifica tions.

Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of

shoulders and auxiliary lanes.

Unbalanced Bid. A bid that does not reflect the true cost of providing the material,

equipment, and labor required to complete the item of work. (See “Materially Unbal anced Bid” and “Mathematically Unbalanced Bid.”)

Work. The furnishing of all labor, materials, equipment, and incidentals necessary to

complete the Project according to all duties and obligations imposed by the Contract.

Working Day. A calendar day on which weather and other conditions not under the

Contractor’s control permits construction operations to proceed with the normal work ing force engaged in performing the controlling item or items of work which would be in progress at that time.

(24)

102.02

Work Drawings. Supplemental design sheets or similar data which the Contractor is

required to furnish such as shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, and bending diagrams for reinforcing steel.

Work Order. A written order, signed by the Engineer, of a contractual status requiring

performance by the Contractor without negotiation.

Written Permission of the Engineer. A letter signed by the Deputy Director for En

gineer or an authorized representative granting specific permission and outlining limi tations of the permission.

When these specifications indicate that work shall be “required, requested, directed, authorized, ordered, permitted, suspended, approved, accepted, or rejected,” it shall be understood that these expressions and others similar to them are followed by the phrase, “by the Engineer.”

SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS

102.01 PREQUALIFICATION OF BIDDERS.

Only prequalified Bidders will be allowed to bid on any Project. A prequalified Bidder is one who has submitted evidence showing, to the Director’s satisfaction that this Bid der is responsible and competent to perform the proposed work according to all terms of the Contract. This evidence consists of detailed information regarding the Bidder’s finances, organization, equipment, and previous experience, provided on standard forms furnished by the Department. The application shall be submitted not less than 7 days before the bid opening in which the Bidder desires to bid, and at such additional times as the Director may request or the Bidder elect. The prequalification shall be in force for one year from the approval date. A supplemental statement, on a standard form furnished by the Department, stating the amount of work currently under con-tract, shall be submitted with each request for Proposal Forms.

The Director reserves the right to check any or all statements submitted by the Bidder, and to obtain additional pertinent information from other sources.

Prequalification is not required for Landscaping, Rest Area, Electrical, and other Spe cialty Work Contractors. Satisfactory evidence must be submitted before receiving Proposal Forms showing the proposed Bidder is competent and has an organization, and equipment sufficient to perform the work.

102.02 CONTRACTOR’S LICENSE.

A bidder is not required to have a Contractor’s license from the State of North Dakota to bid on a Project, however, a Contract will not be awarded until the Contractor ob tains an appropriate North Dakota Contractor’s license.

(25)

102.03

102.03 CONTENTS OF PROPOSAL FORMS.

The Proposal Form will show the location and description of the contemplated con struction, the estimate of the various quantities, the types of work to be performed or materials to be furnished, and the schedule of items for which Unit Bid Prices are in vited. The Proposal Form will state the time in which the work must be completed; and the date, time, and place for opening of Proposals. The Proposal form will also include any Special Provisions or requirements which vary from or are not contained in the Standard Specifications.

All papers bound with or attached to the Proposal Form are considered a part of the Proposal and must not be detached or altered when the Proposal is submitted. The Bid der may attach a computer-printed bid schedule according to Section 102.07 C.2. The Plans, Specifications, other documents designated in the Proposal Form will be considered a part of the Proposal whether attached or not.

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

102.04 ISSUANCE OF PROPOSAL FORMS.

The Department reserves the right to disqualify or refuse to issue a Proposal Form to a prospective Bidder for any of the following reasons:

A. Lack of competency and adequate machinery, plant, and other equipment as re vealed in the prequalification questionnaires required under Section 102.01, or as otherwise determined by the Department.

B. Uncompleted work which the Department determines might hinder or prevent prompt completion of additional work.

C. Failure to promptly pay or satisfactorily settle all claims for labor and material on any Contract, including those Contracts where the Contractor is a party to a joint venture that has failed to settle such claims.

D. Failure to comply with any prequalification regulations. E. Default under previous Contracts.

F. Failure to repay monies due the Department resulting from overpayments. G. Unsatisfactory performance on previous work or current Contract(s), consisting

of, but not limited to, repeated:

1. Noncompliance with Contract requirements, or Engineers’ directives. 2. Failure to complete work on time.

3. Instances of substantial corrective work prior to acceptance.

(26)

102.07 A

5. Production of nonspecification work or materials.

H. Questionable moral integrity as determined by the Attorney General of the State, or the Department.

I. Disbarment from performing work on Federal Contracts.

102.05 INTERPRETATION OF QUANTITIES IN BID SCHEDULE.

The quantities appearing in the bid schedule are estimates prepared for comparison of bids. Payment will be made for actual quantities of work performed and accepted or materials furnished according to the Contract. The estimated quantities of work and materials may be increased, decreased, or pay items may be eliminated in their en tirety.

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

The Bidder is to examine the site of the proposed work, the Proposal, Plans, Specifica tions, Supplemental Specifications, Special Provisions, and all other Contract forms before submitting a Proposal. The Bidder is responsible for all site conditions that should have been discovered with a site investigation. The submission of a proposal will be considered conclusive evidence that the bidder is satisfied with the conditions to be encountered in performing the work and as to the requirements of the proposed Contract.

Boring logs and other records of subsurface investigations are available for inspection by Bidders. It is made available so all Bidders have access to identical subsurface in-formation available to the Department, and is not intended as a substitute for personal investigation, interpretations, and judgment of the bidders. This availability shall not relieve the Bidder of the responsibility stated in the preceding paragraph. The Depart ment will not be bound by any statement or representation concerning conditions made by any of its employees or agents before the execution of the Contract, unless included in the Proposal Form, Plans, Specifications, Supplemental Specifications, Special Provisions, or related Contract forms.

Any explanation desired by a Bidder regarding the meaning or interpretation of the Proposal Form, Plans, Specifications, etc., must be requested from the Central Con struction Office in adequate time to allow a reply to reach all Bidders before submis sion of their Bids. Interpretations will be made by addendum and will be furnished to all prospective Bidders by either certified letter, telegram, Facsimile (FAX), or other electronic transmission before the time set for opening of Bids. Oral explanations or instructions given before the bid opening will not be binding.

102.07 PREPARATION OF PROPOSALS.

A. General. The Bidder shall submit the Proposal Form furnished by the Depart ment. All Department addendums to the Proposal are also a part of the Bidder’s Proposal.

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

(27)

102.07 A

Proposals submitted by (1) an individual must be signed by that individual, (2) a partnership, must be signed by a partner, or (3) a corporation must be signed by an officer of the corporation with the officer’s title. Proposals submitted by a joint venture must be signed by a legally qualified representative of each of the parties to the joint venture. A Proposal may be executed for an individual, a legal entity, or a joint venture by anyone having a power of attorney, provided a copy of the power of attorney is attached to the proposal or is previously filed with the Department. A Bidder may submit bids on more Projects than they desire to accept. Each such bid proposal must be covered by a Proposal guarantee. The Bidder may indicate the total work desired and the Director will determine which of the low bids will be accepted within the Bidder’s indicated bid limitations. This limitation will ap ply only to Projects on which the Bid Limitation Section in the Proposal Form has been completed by the Bidder.

B. Combination (Tied) Proposals. Proposal Forms may be issued for Projects in combination or separately, so bids may be submitted either on the combination or on separate units of the combination. The Department reserves the right to make awards on combination bids or separate bids to the advantage of the Department. Combination bids, other than those specified will not be considered. Separate Contracts will be written for each Project included in the combination.

C. Preparation of Bid Schedule.

1. Department-Furnished Bid Schedule. The Bidder shall enter a unit price in numerals on the bid schedule for each bid item, and enter the product of each unit price and respective quantity. The sum of the products (Total Sum Bid) shall be entered where indicated.

2. Computer-Printed Bid Schedule. The Bidder may substitute a computer-printed spreadsheet bid schedule for the Bid Schedule found in the Proposal. The substitute schedule shall be attached to the last page of the Bid Schedule in the bound Bidders Proposal.

The computer-printed bid schedule shall be a printout (similar in format to the bid schedule in the Proposal) from an electronic bidding program autho rized by the Department or shall meet the following requirements: a. Job Number (1, or 2, or 3, etc.)

b. Date of Bid Opening c. Project Number(s) d. County

e. Type of Work f. Page Number

g. Bidder’s Name and Address

The substitute bid schedule shall be printed on sheets of approximately the same size as the bid schedule in the Proposal, and the words and numerals

(28)

102.08 B.3

shall be clear and legible. Each page shall be arranged, numbered, and con tain the same bid items as the corresponding bid schedule in the Proposal. Column headings shall be the same as those in the Department-Furnished Bid Schedule except that the Unit Designation (Tons, etc.) and the Approximate Quantity may be split into two columns.

Each bid item shall be separated from the bid items above and below it by one or more blank spaces. Solid lines for separating columns and items are not required, but dashed lines may be placed either vertically or horizontally. The total sum of the bid shall be entered at the bottom of the last page of the computer-printed schedule, and entered in ink in the Total Sum Bid block on the last page of the Department’s Bid Schedule.

The Bidder, or authorized representative, shall sign the substitute bid sched ule in ink on the last page of the computer printout. The signer’s name and title shall be printed below or beside the signature. The person signing the schedule above shall sign and complete the Affidavit in the Bidders Proposal, as regularly required.

In case of discrepancies between item descriptions or quantities in the bid schedule in the Proposal and those in the computer-printed bid schedule the bid schedule in the Proposal will govern.

102.08 IRREGULAR PROPOSALS.

A. Proposals will be considered irregular and will be rejected if: 1. The Proposal is not properly signed and notarized.

2. The entire authorized Proposal Form Booklet furnished by the Department is not submitted, or if the forms are altered, or any part is detached, except as provided for in Section 102.07 C.2.

3. The Bidder fails to provide a properly executed Proposal Guaranty. 4. The Bidder adds any provisions reserving the right to accept or reject an

award, or to enter into a Contract pursuant to an award.

This does not exclude a bid limiting the maximum gross amount of awards acceptable to any one Bidder at any one bid opening. Selection of awards will be made by the Department.

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

1. The submitted Proposal fails to comply with any other requirements of the “Invitation to Bid” or the issued Proposal itself.

2. There are unauthorized additions, conditional or alternate bids, or irregulari ties of any kind which may make the Proposal’s meaning incomplete, indefi nite, or ambiguous.

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

(29)

102.08 B.4

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

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

6. The Unit Prices are not typed or entered in ink.

102.09 PROPOSAL GUARANTY.

A Proposal will not be considered unless accompanied by a Proposal Guaranty in a sum equal to 10% of the full amount of the bid, executed by the Bidder as principal and by a Surety company authorized to do business in North Dakota or by either a certified check or a cashier’s check of the Bidder on a solvent bank in a sum equal to 5% of the bid. If within 10 days after notice of an award, the successful Bidder fails to sign a Con-tract with the Department, Bidder’s certified or cashier’s check will be forfeited to the Department, or the Principle and the Surety will forfeit to the Department the Proposal Guaranty accompanying the bid or bids on which there is a default.

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

102.10 DELIVERY OF PROPOSALS.

Proposals shall be placed in a sealed envelope bearing the Bidder’s name, and plainly marked to indicate its contents. Proposals received after the time established for open ing of Proposals will be returned unopened.

102.11 WITHDRAWAL OR REVISION OF PROPOSALS.

A Bidder may withdraw or revise a Proposal after delivery to the Department, pro vided the request for withdrawal or revision is received in writing or by telegram be-fore the time established for opening Proposals.

102.12 PUBLIC OPENING OF PROPOSALS.

Proposals will be opened and read publicly at the time and place indicated in the “Invi tation for Bids.”

102.13 DISQUALIFICATION OF BIDDERS.

The following reasons will be considered sufficient for disqualifying a Bidder and re jecting a Proposal or Proposals:

A. More than one Proposal for the same work from an individual, firm, or corpora tion under the same or different name.

B. Evidence of collusion among Bidders. Participants in collusion will not receive recognition as Bidders for future work with the Department until they are rein-stated as a qualified Bidder.

(30)

103.02

SECTION 103 AWARD AND EXECUTION OF CONTRACT

103.01 CONSIDERATION OF PROPOSALS.

After the Proposals are opened and read, each Bidder’s multiplication and addition will be verified or corrected. In case of a discrepancy between a unit bid price and the extension, the unit bid price shall govern, unless the intent of the bid is obvious. The Proposals will be compared on the basis of the correct totals, and the results of such comparison promptly made public. The Department reserves the right to reject any and all Proposals, to waive technicalities, or to advertise for new Proposals.

A Bidder who wishes to claim error after the bids have been publicly opened and read shall promptly notify the Department that an error occurred. The Bidder shall submit a notarized affidavit or declaration, under penalty of perjury, signed by the Bidder and accompanied by the work sheets used in the preparation of the bid, requesting relief from forfeiture of the bid bond and the responsibilities of award. The affidavit or decla ration shall describe the specific error(s) and certify that the work sheets are the ones used in preparing the bid.

The affidavit or declaration shall be submitted no later than 5:00 p.m. on the first busi ness day after bid opening or the claim will not be considered. The Department will review the affidavit or declaration and the certified work sheet to determine the validi ty of the claimed error and if the error is of the kind for which the law allows relief from forfeiture of the Proposal guaranty. If the Department concurs in the claim of error and determines that the error is of the kind which allows relief from forfeiture, the Bidder will be relieved of responsibility and the Proposal guaranty of the Bidder will be re-turned. If the Department does not concur in the error or determines that the error is not the kind for which the law allows relief, the Department may award the Contract and if the Bidder refuses to execute the Contract, the Bidder’s Proposal guaranty shall be for feited as required by Section 103.07.

103.02 AWARD OF CONTRACT.

The award of the Contract, if made, will be to the lowest responsible Bidder whose Proposal complies with the requirements specified. The award will be made within 30 days after opening the Proposals unless an extension of this limit is agreed to in writing by both parties. If the Federal Government, other state agency, county, city, or other participating party pays any or all costs of Project construction, any award made shall not be final until concurrence has been received from the participating parties. The successful Bidder shall submit a schedule of proposed progress as specified in Section 108.01 B. The time schedule submitted on the proposed progress chart shall not change the Contract requirements listed in the Proposal Form.

Contract award is subject to the license requirements referenced in subsection 102.02. A foreign corporation must have a certificate of authority to do business in North Da kota before a Contract can be awarded.

(31)

103.03

103.03 CANCELLATION OF AWARD.

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

103.04 RETURN OF PROPOSAL GUARANTY.

All Proposal Guaranties, except in cases of default and those of the Bidders submitting the 3 lowest bids, will be returned after Proposals have been compared. The Proposal Guaranty of the Bidder submitting the lowest bid may be cashed and the money re tained until the Contract has been awarded and properly executed. The Proposal Guar anties of the remaining 2 Bidders will be returned after the Contract is executed. All Proposal Guaranties, except in case of defaults, will be returned upon request within a reasonable time and as provided by law.

103.05 REQUIREMENT OF CONTRACT BOND.

A. General. Upon execution of the Contract, the successful Bidder shall furnish a Contract Bond on the form furnished in an amount equal to 100% of the Contract, issued by a responsible Surety, and approved by the Director. If the Surety Bond is voided or is no longer in force, the Contractor shall obtain another Contract Bond of an amount equal to the original.

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

1. A written request for payment of Contract Bond items shall be submitted to the Department’s district office supervising the work. If the work is on the county highway system, the request for payment shall be submitted to the County Engineer or the county’s Consultant Engineer. The request for pay ment shall be accompanied by a receipted invoice from the bonding firm showing the Contract Bond cost and the date payment was made by the Con-tractor.

2. An estimate, subject to retainage as provided in Section 109.05, will be proc essed to provide a lump sum payment equal to the Contract Bid Price or the actual cost indicated by the bonding firm’s invoice, whichever is less. If the price bid for the item “Contract Bond” exceeds the cost indicated by the in-voice, the remaining amount will be paid on the final estimate.

103.06 EXECUTION AND APPROVAL OF CONTRACT.

The signed Contract and Contract Bond shall be returned to the Department within 10 calendar days after the date of notice of Contract award. No Contract will be consid ered binding until execution by all parties to the Contract.

103.07 FAILURE TO EXECUTE CONTRACT.

Failure by the successful Bidder to execute a Contract and file a satisfactory Contract Bond will be considered cause for annulment of the award and forfeiture of the

(32)

Pro-103.08 D

posal guaranty to the Department. Award may then be made to the next lowest respon sible Bidder, or the work may be readvertised.

103.08 ESCROW OF BID DOCUMENTATION.

A. General. When specified, the Contractor shall submit a legible copy of the docu mentation used to prepare the bid for this Contract. The bid documentation shall be placed in escrow with a banking institution or other bonded document storage facility and preserved by that institution/facility as specified in this section. B. Affidavit. In addition to the bid documentation, the Bidder shall submit an affida

vit, signed under oath by the Bidder or a representative of the Bidder authorized to execute Bid Proposals listing each bid document submitted by author, date, na ture, and subject matter. The affidavit shall attest that the signer has personally ex amined the bid documentation, that such documentation is listed in the affidavit, and all bid documentation is included in the submission to the Department. C. Submittal and Return of Bid Documentation. The apparent low bidder shall

submit the affidavit and the original bid documentation in a sealed container to the Department within 5 working days after the bid opening. The container shall be clearly marked “Bid Documentation” and shall show on the face of the container the Bidder’s name and address, date of submittal, Project Number, and Contract Number.

If the proposal of the apparent low bidder is rejected by the Department, the bid documentation, if already submitted, will be returned; and the next low respon sive bidder will be notified to submit its affidavit and bid documentation. The bid der will be allowed 5 working days after date of notification by the Department to submit the required documents. If this Proposal and subsequent ones are also re jected, the above procedures will continue until a Bidder’s Proposal is accepted by the Department.

D. Duration and Use. After award, the Department and the Contractor will jointly deliver the sealed container and affidavit to a banking institution or other bonded document storage facility selected by the Department for placement in a safety deposit box, vault, or other secure accommodation. The Department will provide escrow instructions to the document storage facility consistent with this Section. The agreement with the document depository will reflect that the bid documenta tion and affidavit will remain in escrow during the life of the Contract or until the Department is notified of the Contractor’s intention to file a claim for extra com pensation according to Section 104.06 or to initiate litigation or arbitration against the Department related to the Contract. Notification of the Contractor’s intention to file a claim, or initiation of litigation or arbitration against the Depart ment, will be sufficient grounds for the Department to obtain the release and cus tody of the bid documentation. If such action has not been initiated, and the re quired statutory time to file a Contract claim has elapsed since the submission of the final estimate the document depository will be instructed to release the sealed container to the Contractor.

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

(33)

103.08 E

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

F. Confidentiality of Bid Documentation. The bid documentation and affidavit in escrow are, and shall remain, the property of the Contractor. The Department has no interest in, or right to, the bid documentation unless notification of the intention to file claim is received or litigation ensues between the Department and Contrac tor. In the event of such notification or litigation, the bid documentation and affi davit will become the property of the Department; provided that these materials, and all copies made by the Department, are returned to the Contractor at the con clusion of litigation, or final resolution of all outstanding claims, upon execution of a final release.

G. Payment. The cost of placing the bid documentation into escrow is included as a separate bid item in the Contract. After the bid documentation has been deposited in a storage facility and the Contract has been signed, payment for the entire lump sum item, “Escrow of Bid Documentation” will be made to the Contractor on the first estimate prepared after the documents have been placed in escrow. The Con-tractor shall be responsible for the payment of the depository rent.

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

SECTION 104 CONTRACT ADJUSTMENTS

104.01 INTENT OF CONTRACT.

The Contractor shall furnish all resources required to complete the work and shall exe cute the work according to the terms of the Contract.

104.02 SUBLETTING OF CONTRACT.

The Contractor shall not sublet, sell, transfer, assign, or dispose of any portion of the Contract or Contracts without written consent of the Engineer. The maximum percent-age that can be sublet shall be 70%, of the Total Contract Amount, excluding any desig nated specialty items of work. The amount of any specialty items performed shall be deducted from the total original Contract Amount before computing the percentage of work sublet. Requests for permission to sublet shall be submitted to the District Engi neer in whose District the Project is located. The request shall be in writing on Depart ment forms accompanied by evidence showing that the organization performing the work is experienced and equipped for such work. Subcontract work shall not begin un til the “Request to Sublet” is approved. The Department’s approval of the “Request to Sublet” does not create a contractural relationship between the Department and the

(34)

104.03 A

subcontractor. The following items shall be submitted with the “Request to Sublet” prior to the start of work.

A. The “Request to Sublet” must show the total price subcontracted. The items of work, and quantities of each item subcontracted shall be shown.

B. Partial items shall be explained in detail and show the amount of each contract item being subcontracted.

Upon request of Project Engineer/Manager the Contractor shall provide a copy of the subcontract agreement or lower tier subcontracts if not attached to the “Request to Sublet.” The Engineer’s consent shall in no way be construed to be an endorsement of the subcontractor or its ability to complete the work in a satisfactory manner. The Contractor shall assure that the Subcontractor has received the following provi sions:

A. EEO Affirmative Action Requirements. B. Labor Rates form U.S. Department of Labor.

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

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

No Subcontracts, or transfer of Contract, shall relieve the Contractor of liability under the Contract Bonds

.

104.03 ALTERATION AND CHANGE OF PLANS OR CHARACTER OF WORK.

The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the work as al tered. A Change Order will be executed to cover changes within the scope of the Con-tract. If the directed changes require additional time to complete the Contract, adjust ments in Contract time will be made under Section 108.04.

A. Significant Changes in the Character of Work. If the alterations or changes in quantities significantly change the character of the work under the Contract, whether or not changed by any such different quantities or alterations, an adjust ment, excluding loss of anticipated profits, will be made to the Contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount the Engineer may determine to be fair and equita ble. If the adjustment is not acceptable to the Contractor, the Engineer will make a determination based on Section 104.03 D.

If the alterations or changes in quantities do not significantly change the character of the work to be performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract.

(35)

104.03 A

The term “significant change” shall be construed to apply only to the following circumstances:

1. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or 2. When a major item of work, as defined in Section 104.03 B, is increased in

excess of 125% or decreased below 75% of the original Contract quantity. B. Increased or Decreased Quantities. Adjustments in unit prices for increased or

decreased quantities will be governed by the following:

A major item of work is defined as any Contract item having a value in excess of 5% of the total original Contract amount. All other items are minor items. Any adjustment to Contract Unit Prices for an increase in quantity shall apply only to that portion in excess of 125% of original contract item quantity, or in case of a decrease below 75%, to the actual amount of work performed.

1. If the quantity of any major item of work required to complete the Project in-creases or dein-creases from the original Contract quantity by 25% or less, pay ment will be made at the Contract Unit Price.

2. Should the original Contract quantity of one or more major items of work be increased or decreased by more than 25%, either party to the Contract may demand that a supplemental agreement be negotiated with an adjustment of unit prices satisfactory to both parties. Adequate evidence shall be submitted to support the request for Contract Unit Price adjustments. Failure to submit the bid documents will be considered as a waiver by the Contractor of the right to recover any additional costs.

An adjusted unit price for the quantity of the item which is in excess of 125% of the original Contract quantity will be negotiated on the basis of the actual cost of that portion of the item in excess of 125%, plus a reasonable allowance for profit and applicable overhead.

An adjustment to the unit price for the quantity of the item which is less than 75% of the original Contract quantity will be considered if the Contractor can prove, to the satisfaction of the Engineer, that the fixed expenses have not been recovered because of the decreased quantity of the item. However, total payment for the item shall not exceed that amount which would be made for 75% of the original Contract item at the Contract Unit Price, plus any addi tional fixed costs which can be substantiated by the original bid documents, not recovered because of this 75% cap. In no case shall the re-negotiated price exceed the total Contract amount for this item.

The Contractor shall provide written notice of intent to request an adjustment to the bid price for underrun or overrun quantities. This notice shall be sub mitted as per Section 104.06 A as soon as the Contractor is aware that an overrun or underrun will occur that will require a price adjustment. This re-quest for adjustment of the bid price of underrun and overrun quantities shall also be governed by the requirements of Section 104.06 B.

3. If aggregate production equipment has been moved off the Project and there is an increase in the quantity of aggregate, the Department will pay for

(36)

104.04

remobilization. If the equipment is still on the Project and the Department has notified the Contractor of the increase in writing, no additional mobilization payment will be made.

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

C. Eliminated Items. If any items in the Contract are found unnecessary for proper completion of the work, the Engineer may, upon written order to the Contractor, eliminate such items from the Contract. When items are eliminated, reimburse ment will be based on actual work done and all costs incurred, including mobiliza tion before notification. If the Contractor requests an adjustment above and be yond payment at bid price for work done on the item eliminated, written notice shall be provided as per Section 104.06 A. The Contractor’s request for extra compensation shall include the items required in Section 104.06 B.

D. Extra Work. The Contractor shall perform unforeseen work for which there is no price included in the Contract whenever the extra work is necessary or desirable for Project completion. This work shall be performed according to the Specifica tions and as directed by the Engineer in writing.

1. Extra work that is estimated to cost less than $25,000 in labor and equipment will be paid for at Contract Unit Prices or at a negotiated unit price. If an agreement cannot be reached, work will be paid for under Section 109.04. 2. Extra work that is estimated to cost $25,000 or more in labor and equipment

will be paid for at negotiated unit prices. If negotiations are unsuccessful, Section 104.06 B will be applied.

3. Extra work that is not quantifiable and is estimated to cost more than $25,000 in labor and equipment may be paid for under Section 109.04 only if directed by the Department in writing.

104.04 DIFFERING SITE CONDITIONS.

During the progress of the work, if subsurface or latent physical conditions at the site which differ materially from those indicated in the Contract; or if unknown physical conditions of an unusual nature which differ materially from those ordinarily encoun tered and generally recognized as inherent in the work provided for in the Contract are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed.

Upon written notification, the Engineer will investigate the conditions, and if he/she determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjust ment, excluding loss of anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of his/her determination whether or not an adjustment of the Contract is warranted.

Road and Bridge Construction

Standard Specifications

for

Road and Bridge

Construction

Volume 1 of 2

NORTH DAKOTA DEPARTMENT OF TRANSPORTATION

DIRECTOR

DEPUTY DIRECTOR FOR ENGINEERING

TABLE OF CONTENTS

SECTION 100

GENERAL PROVISIONS

SECTION 101

ABBREVIATIONS AND DEFINITIONS

SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

SECTION 103

AWARD AND EXECUTION OF CONTRACT

SECTION 104

CONTRACT ADJUSTMENTS

SECTION 105

CONTROL OF WORK

SECTION 106

CONTROL OF MATERIAL

SECTION 107

LEGAL RELATIONS AND RESPONSIBILITIES

SECTION 108

PROSECUTION AND PROGRESS

SECTION 109

MEASUREMENT AND PAYMENT

SECTION 110

ENVIRONMENTAL PROTECTION

SECTION 101

ABBREVIATIONS AND DEFINITIONS

SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

SECTION 103

AWARD AND EXECUTION OF CONTRACT

SECTION 104

CONTRACT ADJUSTMENTS

.