DESCRIPTION
401.20: General
The gravel sub -base shall consist of approved gravel placed on the subgrade and in close conformity with the lines and grades shown on the plans or established by the Engineer. MATERIALS
401.40: General
Materials shall meet the requirements specified in the following Subsections of Division III, Materials: Gravel Borrow ............................................................................................................................... M1.03.0, (Type a or b ) Processed Gravel .......................................................................................................................... M1.03.1 CONSTRUCTION METHODS
401.60: Gravel Sub -base
The gravel shall be spread and compacted in layers not exceeding 8 in . in depth, compacted measurement, except the last layer of gravel Sub -base course (conforming to M1.03.0: Gravel Borrow Type a or b, or M1.03.1: Processed Gravel for Subbase) will be 4 in . in depth compacted measurement and all layers shall be compacted to not less than 95 % of the maximum dry density of the material as determined by AASHTO T 99 Method C at optimum moisture content as determined by the Engineer. If the material retained on the #4 sieves is 50% or more of the total sample t his test shall not apply and the material shall be compacted to the satisfaction of the Engineer. The specific density of the Gravel Sub -base shall be maintained by determining the number of passes of a roller required to produce a constant and uniform density, after conducting a series of tests either using the sand/volume or the nuclear device. Any stone with a dimension greater than that permitted for the type of gravel specified shall be removed from the sub -base before the gravel is compacted. Compaction shall continue until the surface is even and true to the proposed lines and grades within a tolerance of ⅜ in. above or below the required cross -sectional elevations and to a maximum irregularity not exceeding ⅜ in. under a 10-ft line longitudinally. In locations when the 8 in. of gravel is used as a base for Item 405 this tolerance shall be ¾ in. under a 10- ft line. Any specific area of gravel sub- base which, after being rolled, does not form a satisfactory, solid, stable foundation shall be removed, replaced and recompacted by the Contractor without extra compensation. The gravel foundation for cement concrete surfacing shall be conditioned in accordance with the provisions of 476.61: Preparation of Grade . I.19 202 4 Edition SECTION 4.00 : SCOPE OF WORK Subsection 4.01 : Intent of the Contract The intent of the Contract is to prescribe the complete work or improvement. The Contractor shall perform all the items of work stipulated in the Proposal in accordance with the lines, grades, typical cross sections and dimensions shown on the plans or sup plemental plans, standards, or modifications of them as required by change conditions in the field, and as authorized or directed. The Contractor shall do all clearing and grubbing; make all excavations and embankments; do all shaping and surfacing; constr uct all drainage structures, bridges and other appurtenant structures, as indicated in the Contract; remove all obstructions from within the lines of the improvement; and shall do such additional, extra and incidental work as may be considered necessary to complete the work in a substantial and acceptable manner; and when it is so completed they shall leave the work in a neat and finished condition. The Contractor shall do all the work and furnish all the materials, tools and appliances, except as otherwise specified, necessary or proper for performing and completing the work required by the Contract, in the manner and within the time specified. The Contractor shall complete the entire work to the satisfaction of the Engineer, and in accordance with the specifications and drawings for the work at the prices agreed upon. All the work, labor and materials to be done and furnished under the Contract shall be done and furnished pursuant to, and in conformity with the specifications and the drawings for the work, which said specifications and drawings shall form part of the Co ntract. Further the Contractor shall follow the directions of the Engineer as given from time to time during the progress of the work under the terms of the Contract. The Contract shall include grading outside the right -of-way together with the work of loaming surfaces, constructing walks, driveways, drains, and other miscellaneous work as shown on the plans and as directed. The Contract shall include technical submittals, schedule submittals, materials COCs, payroll records and any and all other documents required by the plans and specifications to support the physical work of the contract. The Contract shall, at the discretion of the Party of the First Part, be extended when the safety and convenience of the public necessitates the construction of access roads or approaches to existing roadways or bridges and the nature of such additional wo rk bears a reasonable subsidiary relation to the original Contract. Subsection 4.02 : Alterations Should it be found desirable by the Engineer to make alterations in the form, character, or detail of any of the work done or to be done, the Engineer may order such alterations to be made, defining them in writing, supplemented by drawings when in the jud gment of the Engineer it is necessary, and the alterations shall be made accordingly. The Contractor shall accept as full compensation for work performed under an alteration order the contract unit prices stipulated in the Contract for the actual quantity of work performed in an acceptable manner. I.20 202 4 Edition Subsection 4.03 : Extra Work The Contractor shall do any work not herein otherwise provided for when and as ordered in writing by the Engineer, such written order to contain particular reference to this Subsection and to designate the work to be done as Extra Work. Unless specifically noted in the Extra Work Order, Extra Work will not extend the time of completion of the Contract as stipulated in Subsection 8.10: Determination and Extension of Contract Time for Completion (Time Extensions) . Payment for extra work will be as provided in Subsection 9.03: Payment for Extra Work . The determination of the Engineer shall be final upon all questions concerning the amount and value of Extra Work (except as provided in Subsection 7.16: Claims of Contractor for Compensation ). If the Contractor disputes the scope, cost or time associated with the executed Extra Work Order or the determination by the Engineer for requested extra work, then the Contractor must deliver to the Department written notice of a claim in accordance with Subsection 7.16: Claims of Contractor for Compensation . Subsection 4.04 : Changed Conditions In accordance with Chapter 30, Section 39N of the General Laws, as amended, the following paragraph is included in its entirety: If, during the progress of the work, the Contractor or the awarding authority discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the contract documents either the Contractor or the contracting authority may request an equitable adjustment in the contract price of the Contract applying to work affected by the differing site conditions. A request for such an adjustment shall be in writing a nd shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from a Contractor, or upon its own initiative, the contracting authority shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the contract documents or from those ordinarily encountered and generally recognized as inherent in work of the character provide d for in the plans and contract documents and are of such a nature as to cause an increase or decrease in the cost of performance of the work or a change in the construction methods required for the performance of the work which results in an increase or d ecrease in the cost of the work, the contracting authority shall make an equitable adjustment in the contract price and the Contract shall be modified in writing accordingly. The filing, investigation and settlement of all claims made under said Chapter and Section shall be as follows:
in writing describing in full detail the subsurface or latent physical conditions at the site which they maintain differ substantially or materially from those shown on the plans or indicated in the contract documents. The Engineer shall promptly investigate the conditions and shall promptly prepare a written report of the findings, with a copy to the Contractor. If I.21 202 4 Edition the Engineer finds that such conditions as have been described in detail by the Contractor do exist and in fact do so differ materially or substantially, an equitable adjustment shall be made and the Contract modified in writing accordingly. No such claim of the Contractor shall be allowed unless the Contractor has given the detailed notice specified, nor shall it be allowed if such conditions are disturbed prior to their investigation by the Engineer.
Determination and Extension of Contract Time for Completion (Time Extensions) will be made to the Contractor on account of any delay or suspension of work or any portion thereof where the actual subsurface or latent physical conditions encountered at the site differ substantially and materially from those shown on the plans or indi cated in the contract documents.
conditions were in existence at the time of the award of the Contract.
agreement shall be decided by the Chief Engineer.
same and the Engineer shall require the Contractor to keep actual costs and certify the same to the Department in writing. If the Contractor and the Department fail to agree on an equitable adjustment to be made under this Subsection, then the Contractor shall accept as full payment for the work in dispute an amount calculated using actual costs as provided in Subsection 9.03: Payment for Extra Work . Pending final decision of any dispute hereunder unless otherwise ordered by the Chief Engineer, the Contractor shall proceed diligently with the performance of the Contract and in accordance with the Chief Engineer's decision. The Contract shall be considered modified in writing by the processing of an Extra Work Order. The provisions of Section 39N of Chapter 30 of the General Laws, as amended, do not apply to construction contracts entered into on behalf of a municipality under the provisions of Section 34, Chapter 90 of the General Laws. Subsection 4.05 : Validity of Extra Work The Engineer shall be authorized to issue Extra Work Orders for such additional work outside the scope of the original Contract as in their judgment is reasonably necessary for the satisfactory completion of the project provided that the work to be done under such an Extra Work Order, either standing alone or in conjunction with any previously authorized Extra Work: Order, shall not result in a change of such magnitude as to be incompatible with the provisions of Chapter 149, Section 44J of the General Laws . I.22 202 4 Edition Subsection 4.06 : Increased or Decreased Contract Quantities The quantities contained in the Contract are set forth as a basis for the comparison of bids only and may not necessarily reflect the actual quantity of work to be performed. The Department reserves the right to increase, decrease or eliminate the quantity of any particular item of work. Where the actual quantity of a pay item varies by more than 25 % above or below the estimated quantity stated in the Contract, an equitable adjustment in the Contract Price for that pay item shall be negotiated upon demand of either party regardless of the cause of the variation in quantity. No allowances will be made for loss of anticipated overhead costs or profits suffered or claimed by the Contractor resulting directly or indirectly from such increased, decreased or eliminated quantities or from unbalanced allocation among the contract ite ms from any other cause. It is the intention of this provision to preserve the bid basis while limiting the Contractor’s risk exposure to 25% of each bid quantity. In the case of an overrun, the contractor will be compensated at the Contract Unit Price for a quantity up to 125% of the Contract quantity. The adjusted unit price shall only be applied to that quantity above 125% of the contract quantity. Neither party shall be required to demonstrate any change in the cost to perform the work based solely on the overrun. The original Contract unit bid price shall have no bearing on determining the adjusted unit price for an overrun. The adjusted unit price shall be based on the estimated cost of performing the added work over 125% of the bid quantity. To assist the Engineer in the determination of an equitable adjustment for an overrun, the Contractor shall prepare a submission and accept as full payment for work or materials an amount for an equitable adjustment in the Contract Price calculated using actual costs as provided in Subsection 9.03: Payment for Extra Work. In the case of an under -run, the unit price for the actual quantity installed, if less than 75% of the bid quantity, shall only be adjusted to account for documented increased unit costs that result solely from the decreased quantity. Actual cost to perfor m the under -run quantity of work shall not be used to determine payment for an under -run. The adjusted unit price for the under -run shall be the bid price plus the documented change in the unit cost of performing the work due solely to the decreased quantity. In no case shall the total payment for an under -run item exceed the total bid value for the item. The Contractor is required to furnish itemized statements of cost and give the Department access to supporting records. In the event that an adjusted unit price cannot be agreed upon within 30 days after being requested by either party, a unit price will be established that is deemed to be fair and equitable by the Engineer, whether higher or lower than the unit price bid. Payment will be made at that rate until agreement is reached or until the Contractor chooses to exercise their rights under Subsection 7.16: Claims of Contractor for Compensation . Subsection 4.07: Maintenance of Detours
I.23 202 4 Edition such detours and placing them in the equivalent condition they were in prior to general traffic being detoured over same. The Contractor shall do all work required hereunder as directed by the Engineer. Payment for such work shall be made as specified in Subsection 9.03: Payment for Extra Work .
and the owners of the private way.
respons ibility to ascertain if any have posted legal weight limitations or other restrictions and to abide by them. Subsection 4.08: Removal and Disposal of Structures and Obstructions Existing structures such as bridges, culverts or drainage pipes found within the location lines, which are to be replaced or rendered useless by new construction shall be removed by the Contractor at their own expense. When their location is such as not to interfere with the work, the removal shall not be done until the new structures replacing them are ready for traffic or other purpose for which the replaced structures are designed, or until the Engineer shall permit. All material in the above mentioned types of existing structures requiring removal shall remain the property of the owner. The material shall be removed without damage, in sections which will permit easy handling and disposal, to locations within the limits of the project, and convenient for their subsequent removal by the owner, or as directed by the Engineer. Material from any existing structure may be used temporarily by the Contractor during construction. Such material shall not be cut, bent, broken or otherwise damaged. All discarded material, rubbish, or debris shall be removed from the work and disposed of as directed. No foreign material or debris shall be permitted to remain or move in a waterway. Subsection 4.09: Rights In the Use of Materials Found on the Work The Contractor, with the prior written approval of the Engineer, may take suitable ledge, gravel, sand, loam, clay or other material from within the location lines of the project under construction and use it on the same project for other purposes than for forming embankments. If such use necessitates securing additional material for forming embankments, the Contractor shall replace at their own expense material of a satisfactory quality (Subsection 120: Excavation ). The Contractor shall not excavate or remove any material which is not within the excavation as indicated by the slope stakes and grade lines without written approval. No excavated material suitable for use shall be wasted .
Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil; but all such materials shall, upon being so attached or affixed, become th e property of the Party of the First Part. I.24 202 4 Edition Subsection 4.10: Final Cleaning Up Upon completion of the work and before acceptance and final payment, the Contractor shall remove and dispose of in an approved manner, at their own expense, from the right -of-way, construction site, dredging site and adjoining property; all temporary structures and all surplus materials and rubbish which the Contractor may have, accumulated during the prosecution of the work, and shall leave the areas in a neat and orderly condition. No equipment or material shall be left within any of the aforementioned areas after acceptance of the Contract without the written permission of the Engineer. The Contractor shall not abandon any material at or near the site regardless of whether or not it has any value. I.25 202 4 Edition