SECTION 1010 - DEFINITIONS

 

1.01      DESCRIPTION

 

Wherever the following definitions, terms, and abbreviations, or pronouns in place of them, are used in the plans, specifications, or other contract documents, the intent and meaning shall be interpreted as specified in this Section.

 

1.02      ABBREVIATIONS

 

Wherever in these specifications and contract documents the following abbreviations are used, they shall be understood to mean as follows: The serial designation of each reference shall be the latest year of adoption or revision, unless otherwise specified.

 

AAN - American Association of Nurserymen

AAR - Association of American Railroads

AASHTO (or AASHO) -  American Association of State Highway and Transportation Officials

ACI - American Concrete Institute

AIA - American Institute of Architects

AMG - Automated Machine Guidance

ANSI - American National Standards Institute

API - American Petroleum Institute

APWA - American Public Works Association

ARA - American Railway Association

AREA - American Railway Engineering Association

ASA - America Standards Association

ASCE - American Society of Civil Engineers

ASLA - American Society of Landscape Architects

ASTM - American Society for Testing and Materials

AWPA - American Wood Preservers Association

AWS - American Welding Society

AWWA - American Water Works Association

BSC - Bituminous Seal Coat

CFR - Code of Federal Regulations

CLSM - Controlled Low Strength Material

CMP - Corrugated Metal Pipe

CPM - Critical Path Method

CRSI - Concrete Reinforcing Steel Institute

DIP - Ductile Iron Pipe

DNR - Department of Natural Resources

DOT - Department of Transportation

EEI - Edison Electric Institute

EPA - Environmental Protection Agency

FHWA - Federal Highway Administration

FSS - Federal Specification and Standards

ESAL - Equivalent Single Axle Load

GGBFS - Ground Granulated Blast Furnace Slag

GPS - Global Positioning System

GRI - Geosynthetic Research Institute

HDPE - High Density Polyethylene Pipe

HMA - Hot Mix Asphalt

IAC - Iowa Administrative Code

IEEE - Institute of Electrical and Electronics Engineers

IES - Illuminating Engineering Society

ICEA (or IPCEA) - Insulated Cable Engineers Association

IMSA - International Municipal Signal Association, Inc.

ISO - Insurance Services Office

ITE - Institute of Transportation Engineers

JMF - Job Mix Formula

MAPLE - Materials Approved Product List Enterprise

MGAL - 1,000 Gallons

MUTCD - Manual on Uniform Traffic Control Devices

NEC - National Electrical Code

NEMA - National Electrical Manufacturers Association

NFPA - National Fire Protection Association

NPDES - National Pollutant Discharge Elimination

NSF - National Sanitation Foundation

OSHA - Occupational Safety of Health Administration

PCC - Portland Cement Concrete

PLS - Pure Live Seed

PROWAG - Public Right-of-Way Accessibility Guidelines

PVC - Polyvinyl Chloride

RAP - Recycled Asphalt Pavement

RCAP - Reinforced Concrete Arch Pipe

RCP - Reinforced Concrete Pipe

SAE - Society of Automotive Engineers

SDR - Standard Dimension Ratio

SSPC - Steel Structures Painting Council

SUDAS - Statewide Urban Design and Specifications

SWPPP - Stormwater Pollution Prevention Plan

UL - Underwriters’ Laboratories, Inc.

US - United States

USC - United States Code

VCP - Vitrified Clay Pipe

 

1.03      DEFINITIONS AND TERMS

 

ADDENDUM.  A revision to the contract documents written and issued after the notice to bidders, and prior to the time for receipt of proposals.  Changes reflected in the Addendum shall govern over all other contract documents.

 

ALLEY.  See Street.

 

APPROVED EQUAL (EQUIVALENT).  A product, process, equipment, or material that, upon approval of the Engineer, is determined to meet or exceed the requirements called for by the specifications.  Upon approval, the item will be allowed in lieu of the specified material, process, equipment, or product.

 

AWARD.  The acceptance of the proposal of the lowest responsive, responsible bidder for the work, which shall not be binding upon the Contracting Authority until the contract for the said work has been executed by the bidder and by the Contracting Authority and bond(s) has been provided by the bidder as required by law.

 

BID.  A properly signed and guaranteed written offer of the bidder containing the bid amount to perform the work.  Bid is the same as Proposal.

 

BID AMOUNT.  The aggregate sum obtained by totaling the amounts arrived at by multiplying the quantity of each bid item, as shown in the bid or proposal, by the unit price specified in the proposal for that bid item, including lump sum bid items.

 

BID ITEM.  A specifically described unit of work for which a price is provided in the proposal.  A bid item may also be referred to as a contract item.

 

BID SECURITY.  The security furnished by the bidder with its bid as guaranty that the bidder will execute the contract and furnish bond for the work if the proposal is accepted.  For bids submitted to governmental entities, the bidder shall furnish bid security as defined in Iowa Code Chapter 26.


BIDDER.  Any individual, firm, partnership, joint venture, corporation, or association licensed or otherwise authorized by law to do business where the work is located, which has submitted a proposal for the work, acting directly or through a duly authorized representative.

 

CALENDAR DAY.  Every day shown on the calendar.

 

CHANGE ORDER.  A written order to the Contractor signed and approved by the Contracting Authority, ordering a change in the work from that originally shown by the plans and specifications.  Change orders duly signed and executed by the Contracting Authority and the Contractor shall constitute authorized modifications of the contract.

 

COMMENCEMENT OF WORK.  Work will be considered commenced when the Contractor's operations are started on items of work covered by the contract documents, or when the Contractor notifies the Engineer, and the Engineer agrees, that the Contractor's equipment and personnel are available to the site but the operations are prevented by conditions outside the Contractor˘s control.

 

COMPETITIVE QUOTATION.  A properly signed written offer of the Contractor according to Iowa Code Chapter 26.

 

CONTRACT.  The written agreement, between the Contractor and the Contracting Authority, setting forth the terms and conditions under which the work is to be performed.  The contract includes all contract documents.

 

CONTRACT AMOUNT.  The bid amount plus approved change orders.

 

CONTRACT DOCUMENTS.  The contract documents consist of the following: The notice to bidders and notice of public hearing; the instructions to bidders; special provisions; standard specifications; general supplemental specifications; supplemental specifications; plans; addenda; proposal; contract; performance, payment, and maintenance bond; insurance certificate(s); Notice to Proceed; and change orders.  These documents form the agreement whereby the Contractor will furnish all labor, equipment, tools, and materials, and perform all work necessary to satisfactorily accomplish the proposed improvement.  The contract documents are complementary and what is called for by one shall be as binding as if called for by all.

 

CONTRACTING AUTHORITY.  The body, entity, board, commission, officer, or governmental entity having authority to award a contract.

 

CONTRACTOR.  The individual, firm, partnership or corporation, and the heirs, executors, administrators, successors and assigns thereof, or the lawful agent of any such individual, firm, partnership, or corporation, or the surety thereof under the contract bond, constituting one of the principals to the contract and undertaking to perform the work herein specified.  Where the pronoun "it" is used as referring to the word "Contractor" it shall mean the Contractor as defined above.

 

CONTROLLING ITEM OF WORK.  The unique activity of a contract that will determine the duration of the construction period or if a working day is charged.  The character of this work may change during the project.  It is the work that could be in progress at any time that would have the greatest influence on the duration of the project.

 

CULVERT.  A structure not classified as a bridge or storm sewer which provides an opening under a roadway or embankment, except that such term shall not include tiles crossing the road, or intakes thereto, where such tiles are part of a tile line or system designed to aid subsurface drainage.

 

DEPARTMENT OF TRANSPORTATION, (THE DEPARTMENT).  The Department of Transportation, as defined in Iowa Code Chapter 307.

 

EMPLOYEE.  Any person working on the project mentioned in the contract of which these specifications are a part, and who is under the direction or control, or receives compensation from, the Contractor or subcontractor.

 

ENGINEER.  For publicly owned projects, the Engineer is a Professional Engineer licensed in the State of Iowa and is the authorized representative of the Contracting Authority.  For privately contracted projects, with improvements that are to become publicly owned, the Engineer is the Professional Engineer licensed in the State of Iowa and is the authorized representative of the Jurisdiction ultimately accepting ownership of the improvement.  For all other projects, the Engineer is the Professional Engineer licensed in the State of Iowa and is the owner’s authorized representative.  The Engineer may act directly or through duly authorized representatives.

 

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

 

EXTRA WORK.  Work not provided for in the contract, as awarded, but deemed essential to the satisfactory completion of the contract and authorized by the Engineer.  Extra work shall not include additional materials, equipment, and labor used due to natural variations in surface and subsurface conditions, except as specifically provided for elsewhere in the contract documents.

 

GENERAL SUPPLEMENTAL SPECIFICATIONS.  Specifications approved by the Board of Directors for the Iowa SUDAS Corporation subsequent to publication of the latest edition of the SUDAS Standard Specifications.  They involve changes in the SUDAS Standard Specifications and apply only when specified in the contract documents.

 

GOVERNMENTAL ENTITY.  As defined in Iowa Code Chapter 26.

 

IMPROVEMENT.  Shall mean any public improvements as defined in Iowa Code Chapter 26 and shall also include highway, bridge, or culvert projects.

 

INCIDENTAL ITEMS.  Materials, equipment, or labor essential for the proper completion of the work that are not specified as bid items in the contract documents and the cost of which shall be included in other bid items.

 

INSPECTOR.  The authorized representative of the Engineer assigned to make a detailed inspection of any or all portions of the work, or materials.

 

IOWA DEPARTMENT OF TRANSPORTATION (DOT) STANDARD SPECIFICATIONS.  The Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction and the General Supplemental Specifications effective at the date of publication of the Notice to Bidders unless a different effective date is identified in the contract documents.

 

JOINT VENTURE.  The joining of two or more contractors for the purpose of combining equipment, personnel, and finances in order to submit a bid on a single project.

 

JURISDICTION.  A governmental entity or the Iowa Department of Transportation, acting through its governing body, or through the authorized representatives of such governing body when so authorized.

 

JURISDICTIONAL ENGINEER.  See Engineer.

 

LABORATORY.  The testing laboratory of the Jurisdiction, or any other testing laboratory which may be designated by the Engineer.

 

LIQUIDATED DAMAGES.  The dollar amount established by the Contracting Authority and set forth in the contract documents as compensation for the damage to the Contracting Authority, or public, for delay in completion of the work, to be paid to the Contracting Authority, or to be deducted from any payments due or to become due the Contractor.

 

LUMP SUM.  Unit of measurement for a bid item where no direct measurement will be made.  The bid item amount is complete payment for all work described in the contract documents and necessary to complete the work for that item.  The estimated quantities of lump sum work shown in the contract documents are approximate.

 

MAPLE.  Iowa DOT’s materials approved product list enterprise.  MAPLE contains a searchable database of most of the approved products, sources, producers, and suppliers of materials for Iowa highway projects.  MAPLE may be searched by the brand/product name, producer, Iowa DOT Materials Instructional Memorandum (IM) number, or material name.  New approvals are continually added as Iowa DOT approves them for use.

 

MATERIALS.  Any substances specified for the use in the construction of the project and its appurtenances.

 

MATERIALS INSTRUCTIONAL MEMORANDUM (MATERIALS I.M.).  This is an instruction prepared by the Iowa DOT’s Construction and Materials Bureau.  These may identify approved sources of various qualities or types of materials, sampling, testing, and approval procedures, and conditions for acceptance and use.

 

MEDIAN.  The portion of a divided roadway separating the traveled ways for traffic.

 

MOBILIZATION.  Mobilization shall consist of preparatory work and operations for all items under the contract, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site, and for the establishment of all offices, buildings, and other facilities, which must be performed or costs incurred prior to beginning work on the various items on the project site.

 

NOTICE OF PUBLIC HEARING.  The public announcement or publication by the governmental entity, as required under Iowa Code Chapter 26, notifying the public of the time and place where any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement.

 

NOTICE TO BIDDERS.  The public announcement, publication, or solicitation by the Contracting Authority, inviting bids for work to be performed or materials to be furnished as required by Iowa Code Chapter 26.

 

NOTICE TO PROCEED.  A written notice to the Contractor issued by the Engineer stating the date, on or before which, the Contractor is to begin the work.  The date set forth in this notice shall be considered as the official starting date.

 

PERFORMANCE, PAYMENT, AND MAINTENANCE BOND.  The bond submitted by the designated low bidder, in the amount specified in the contract documents, for the faithful performance of the contract and the terms and conditions therein contained, for payment for all labor and materials provided, and for maintenance of improvements in good repair for the specified number of years from the time of acceptance of the improvements by the Jurisdiction.

 

PLANS.  Plans are the official drawings, standard plans, profiles, typical cross-sections, and supplemental drawings or reproductions thereof, approved and furnished by the Jurisdiction, which show the location, character, dimensions, and details of the work.  All such documents are to be considered as a part of the plans whether attached to the plans or separate.

 

PROFILE GRADE.  The trace of a vertical plan intersecting the top surface of the proposed wearing surface, usually along the longitudinal center line of the roadbed. Profile grade means either elevation or gradient or such trace, according to the context.

 

PROJECT AREA.  The area of the specified project limits shown on the plans, and any additional area which is necessary for the Contractor to place traffic control devices required by the contract documents or necessary to protect the work.

 

PROPOSAL.  The proposal is a properly signed and guaranteed written offer of the bidder containing the bid amount to perform the work.  Proposal is the same as Bid.

 

PROPOSAL FORM.  A form provided by the Jurisdiction, to the bidder, containing a listing of the bid items and quantities, and locations to enter unit prices and the bid amount.

 

PROWAG.  The July 26, 2011 “Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way” was written by the US Access Board and is also known as the Public Right-of-Way Accessibility Guidelines or PROWAG.

 

RESIDENT BIDDER.  A person or entity authorized to transact business in this state and having a place of business for transacting business within the state at which it is conducting and has conducted business for at least three years prior to the date of the first advertisement for the public improvement.  If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country.

 

RESPONSIVE, RESPONSIBLE BID.  A bid submitted in accordance with the Notice to Bidders by a bidder that acknowledged all addenda, that responded to all proposal requirements, and that agreed to do everything required by the plans and specifications and other bid documents without any conditions, qualifications, or exclusions.

 

A bid submitted by a bidder that is capable of performing the work, possess the necessary financial and technical capability to perform the work, as well as the ability to complete the work in a timely and acceptable manner as demonstrated by past performance or other appropriate considerations, including but not limited to the ability to obtain and maintain insurance and bonding requirements.

 

RESPONSIVE, RESPONSIBLE BIDDER.  A bidder that has submitted a bid that has been determined by the governmental entity to be both responsive and responsible.

 

RIGHT-OF-WAY.  The land area of which the right to possession is secured or reserved by the Jurisdiction for the project, including permanent roadway easements.

 

ROAD.  See Street.

 

ROADBED.  The area of the roadway between the tops of foreslopes.

 

ROADWAY.  The portion of the right-of-way designated or ordinarily used for vehicular travel.

 

SHOP DRAWINGS.  Information and details for materials, products, or equipment to be supplied for the project, which are typically delivered to the project in an assembled or ready-to-use condition.

 

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

 

SIDEWALK.  That portion of the street primarily constructed for the use of pedestrians.

 

SLOPE.  The inclination of a line or surface expressed as a ratio of horizontal distance to vertical distance.

 

SPECIAL PROVISIONS.  Additions and revisions to the SUDAS Standard, General, and Supplemental Specifications covering conditions peculiar to an individual project.  They only apply to a project when specified in the contract documents.

 

SPECIALTY ITEMS.  Portions of work designated in the contract documents requiring equipment, skills, or crafts not ordinarily associated with the expertise of the Contractor or the major types of work covered by the contract; typically including, but not limited to, earthwork for building construction, electrical, mechanical, masonry, roofing, drywalling, floor covering, glass and glazing, painting, conveying systems, etc.

 

SPECIFICATIONS.  The general term comprising all the written directions, provisions, and requirements including the SUDAS Standard Specifications and those added or adopted as Supplemental Specifications or Special Provisions all of which are necessary for the proper performance of the contract.

 

SPEED LIMIT.  Refers to the legally established speed limit before construction and not the advisory speed during construction.

 

STANDARD ROAD PLAN.  The Iowa Department of Transportation’s manual of detailed drawings showing standardized design features, construction methods, and approved materials.

 

STATE.  The State of Iowa acting through its authorized representatives.

 

STATION.  One hundred linear feet.

 

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

 

SUBBASE.  The layer or layers of specified or selected material of designed thickness upon which a base course or pavement is constructed.

 

SUBCONTRACTOR.  The subcontractor is any individual, firm, partnership, joint venture, corporation, or association to whom the Contractor, with the written consent of the Jurisdiction, sublets a part of the work.

 

SUBGRADE.  The top surfaced of a roadbed upon which the pavement structure and shoulders are constructed.

 

SUDAS STANDARD SPECIFICATIONS.  The requirements contained herein applying to the contract, and pertaining to the method and manner of performing the work, or to the quantity and quality of the materials to be furnished under the contract.  Previously referred to as the Iowa Statewide Urban Standard Specifications for Public Improvements.

 

SUPERINTENDENT.  The Contractor's authorized representative in responsible charge of the work.

 

SUPPLEMENTAL CONTRACT (AGREEMENT).  Written agreement between the Contractor and Contracting Authority modifying the original contract pursuant to the Iowa Code.

 

SUPPLEMENTAL SPECIFICATIONS.  Specifications adopted by a Jurisdiction that involve changes to the SUDAS Standard Specifications.  They only apply to a project when specified in the contract documents.

 

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

 

TARGET VALUE.  When a target or target value is specified, a continuous and determined effort is expected to reach and maintain that value, as a goal.

 

UNAUTHORIZED WORK.  Unauthorized work is work done contrary to, in addition to, or regardless of, the contract documents, or the instruction of the Engineer; work done without lines, grade, and/or cross-section stakes and grades shown on the plans or as given by the Engineer; or work done in deviation from the contract documents without written authority.

 

UTILITY.  Includes all privately, publicly, municipally, or co-operatively owned structures and systems for supplying water, sewer, electric lights, street lights and traffic lights, gas, power, telegraph, telephone, communications, transit, pipelines, and the like.

 

UTILITY AGENCY.  Means and includes (1) all franchised utilities having utility system facilities within the Jurisdiction, including but not limited to gas, electric, telephone, cable television, and communications; (2) communications systems licensed by the Jurisdiction; and (3) all governmental agencies owning or operating governmental utility systems, including but not limited to water, sewer, traffic control, and communications.

 

WORK.  The work shall mean the furnishing of all labor, materials, equipment, and other incidentals necessary for construction of the improvement, successful completion of the contract, and the carrying out of all duties and obligations imposed by the Contract, including the submission of all necessary paperwork relating to payrolls, sales tax, warranties, owner's manuals, maintenance manuals, and the like.

 

WORKING DAY.  Any calendar day, exclusive of Saturdays, Sundays, or a recognized legal holiday, on which weather or other conditions (not under control of the Contractor) will permit construction operations to proceed for not less than 3/4 of a normal work day in the performance of a controlling item of work.

 

END OF SECTION