Last Updated (11/01/2004)

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DIVISION I - GENERAL REQUIREMENTS AND COVENANTS (Items 1 to 9)

Table of Contents

ITEM NO. TITLE AND REQUIREMENTS

1 - DEFINITION OF TERMS

SPECIFICATION REQUIREMENTS
1)  Ensure that Special Provisions or Special Specification that identify or introduce new terms have a corresponding Special Provision to Item 1  that provides for the new definition.

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2 - AWARD AND EXECUTION OF CONTRACT

SPECIFICATION REQUIREMENTS
1)  If the project includes technical prequalifications, include the appropriate special provision to Article 2.2.
2)  For non-site specific contracts, include the General Note indicating that the contract is a non-site specific Contract and include any pertinent information (Article 2.3).
3)  If working days is an Item, include a General Note indicating the minimum or maximum number of days that the bidder may bid on the project (Article 2.6).
4)  If the project includes a mandatory prebid meeting, include a General Note listing the date, location and time of the mandatory prebid meeting (Article 2.7).
5)  If the project designer opts to allow the use of foreign steel or iron materials in the bid, the foreign steel or iron material items must be included in the bid proposal as alternate bid items with the corresponding domestic steel or iron material bid items included in the bid proposal as regular bid items (Articles 2.6 & 2.14).
6)  If the project includes A+B bidding requirements, include the appropriate special provision to Article 2.14.

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SPECIFICATION REQUIREMENTS
1)   For all Federal-aid projects, include a special provision to Article 3.3 listing Disadvantaged Business Enterprise (DBE) requirements.
2)  For all non Federal-aid projects, include a special provision to Article 3.3 listing Small Business Enterprise (SBE) requirements.
3)   Include the DBE or SBE goal amount on the DBE/SBE form contained in the proposal.
4)  If the project contains a warranty for any items of work (i.e. Microsurfacing work items), include a special provision to Section 3.4.B providing for a warranty bond requirement as a condition of contract execution.
5)  If the project contains any pending issues such as receipt of third party funding, utility or railroad agreements, environmental clearances, MPO award concurrence, etc., include the appropriate special provision containing possibility of conditional award based on resolution of pending issues (Article 3.6).
6)  Verify that the General Note for Contracts with non-site specific locations or recurring maintenance work indicates that there will be multiple work orders issued (Article 3.8)

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4 - SCOPE OF WORK

SPECIFICATION REQUIREMENTS
None

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5 - CONTROL OF THE WORK

SPECIFICATION REQUIREMENTS
1)  Include a General Note to Article 5.6 that indicates if construction surveying is accomplished using Methods B or C.
2)  Include a special provision to Section 5.8.B.1 if the Contractor is not responsible for items, materials or equipment required during any vegetation establishment, maintenance, testing or performance periods, or final measurements.

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6 - CONTROL OF MATERIALS

SPECIFICATION REQUIREMENTS
1)  If the Contractor will be charged for any materials testing, include a special provision to Article 6.4 outlining the applicable charges.
2)  If material testing is to be performed outside the United States or without the presence of the Engineer, include a special provision to Article 6.4 allowing performance of this testing.
3)  If conditions related to plant inspection and testing are different from those specified, include a special provision to Article 6.5.
4)  If Department-furnished Material is made available to the Contractor, include a special provision to Article 6.7 identifying the materials available for purchase.
5)  Under Article 6.10, verify that there are no General Notes and Special Specifications or Special Provisions in the PS&E that require the Contractor to mitigate any Hazardous Materials that they did not introduce into the project.

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7 -LEGAL RELATIONS AND RESPONSIBILITIES

SPECIFICATION REQUIREMENTS
1)  If work will occur within or near Railroad track or tracks, include a special provision to Article 7.4 requiring Railroad insurance.
2)   If work will occur within or near Burlington Northern and Sante Fe Railroad Company track or tracks, include the appropriate special provision to Article 7.4 requiring Railroad insurance and that the Contractor assume all liability and indemnify BNSF RR against claims.
3)   If work will occur within or near Railroad track or tracks, include an addendum to Item 7 that includes the number of trains, track movements, and percentage of work in the contract that is within the right of way.
4)  Include any requirements that the Railroad Company has for performing the work in a General Note (i.e., advance notification for fagging, on-track worker safety orientation or training, Contractor's right of entry agreement).
5)  If work involves the construction or maintenance of a Department building or appurtenance facilities, include a Special Provision to Article 7.4 requiring Builders Risk Insurance. The amount of the insurance coverage should be limited to the cost of construction or maintenance of the building or appurtenance facility.
6)  If work will occur over, from, or in navigable waters, include a special provision to Article 7.4 for maritime insurance.
7)  Do not amend Article 7.9 by General Note.
8)  Do not amend Article 7.13 by General Note.
9)  For Article 7.16 include a Force Account Item for flaggers supplied by a Railroad Company in the estimate when the Railroad Agreement or Letter of Notification to the Railroad Company indicates that Flagging may be provided by the Railroad Company, and

a)  any work occurs within 25 ft. of the nearest rail of the railroad tracks
b)  beams are being erected and slab forms are being constructed and/or removed over railroad tracks:
c)  pilings are being driven or shafts drilled adjacent to the railroad tracks; or
c)  at other times that the tracks may be subject to obstruction due to the construction operations.

10)  Include a Special Provision to Section 7.19.F. providing a resource agency contact list.  

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8 - PROSECUTION AND PROGRESS

SPECIFICATION REQUIREMENTS
1)  For Routine Maintenance Contracts, include a Special Provision to Article 8.1 if work will begin other than within 7 days after the authorization date to begin work as shown on the work order.
2)  For Construction Contracts, include a Special Provision to Article 8.1 if work is to begin other than 30 days after the authorization date to begin work as shown on the work order.
3)  Include a Special Provision to Section 8.2.B if updated progress schedules are to be submitted other than on a monthly basis.
4)  Include a Special Provision to Section 8.2.B if the project schedule is to be submitted as other than a bar chart.
5)  For Routine Maintenance Contracts, include a Special Provision to Article 8.3 if time charges will begin other than 7 calendar days after the date of the written authorization to begin work.
6)  For Construction Contracts, include a special provision to Article 8.3 if time charges will begin other than 15 calendar days after the date of the written authorization to begin work.
7)  Include a General Note to Section 8.3.A if working days will be charged other than as a Standard Workweek.
8)  Include a General Note to Section 8.3.B indicating the allowable contractor work hours if different from the hours included in the workweek provisions.
9)  Include a General Note Section 8.3.C indicating if Nighttime work will be allowed.
10)   Include a special provision to Article 8.3 if time charges will not continue during curing times, performance periods, and test periods.
11)  Include a special provision to Article 8.5 specifying a dollar amount for working day liquidated damages.
12)  For contracts involving milestones, include a special provision to Article 8.5 specifying a dollar amount for milestone liquidated damages.
13)  Include a Special Provision to Article 8.5 if liquidated damage amounts assessed for non-site specific Contracts will not be based on the estimated amount for each work order.
14)  For Routine Maintenance Contracts involving Federal funds, include a special provision to Article 8.10 stating that prevailing minimum wage rates apply to the Contract.

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9 - MEASUREMENT AND PAYMENT

SPECIFICATION REQUIREMENTS
1)  If quantities are to be measured other than with United States standard measures, include a Special Provision to Article 9.1.
2)  If longitudinal measurements for surface areas will be made other than along the actual surface of the roadway and not horizontally, include a Special Provision to Section 9.1.A.
3)  Include a special provision to Article 9.2 if the estimated quantities in the plans are not to be used as final payment quantities.

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