101Contract Interpretation

Scope of Section This Section consists of abbreviations, defi nitions, and general rules of interpretation.

101.1Abbreviations Abbreviations are defined in the followin g list. Abbreviations not

defined in this Section or otherwise in the Contract shall have the meaning that is commonly accepted in the engineering and construction industry. AAN American Association of Nurserymen, Incorporated AAR Association of American Railroads AASHTO American Association of State Highway and Transportatio n Officials ACI American Concrete Institute ADA Americans with Disabilities Act AGC Associated General Contractors of America AIA American Institute of Architects AISC American Institute of Steel Construction ANLA American Nursery & Landscape Association ANSI American National Standards Institute ARA American Railway Association AREMA American Railway Engineering and Maintenance-of-way A ssociation ARTBA American Road & Transportation Builders Association ASCE American Society of Civil Engineers ASD Allowable Stress Design ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATSSA American Traffic Sa fety Services Association AWWA American Water Works Association AWPA American Wood Protection Association AWS American Welding Society BMP The Department’s “Best Management Practices for Erosion and Sediment Control” CFR Code of Federal Regulations DBE Disadvantaged Business Enterprise DREW Daily Reports of Extra Work DRB Dispute Review Board EIA Electronic Industries Association EEO Equal Employment Opportunity EMS Emergency Medical Service FAA Federal Aviation Administration FHWA Federal Highway Administration FRA Federal Railroad Administration FSS Federal Specifications and Standards, General Services Ad ministration I E S I l l u m i n a t ing Engineering Society IMSA International Municipal Signal Association IPCEA Insulated Power Cable Engineers Association ISEE International Society of Explosives Engineers ISO Insurance Services Office ITE Institute of Transportation Engineers LFD Load Factor Design LRFD Load and Resistance Factor Design LUPC Land Use Planning Commission - Maine MCTCB Maine Concrete Technician Certification Board MDEP Maine Department of Environmental Protection MaineDOT Maine Department of Transportation MIL Military Specifications MRSA Maine Revised Statutes Annotated MUTCD Manual on Uniform Traffic Control Devices NBS National Bureau of Standards NEC National Electrical Code NEMA National Electrical Manufacturers Association NEPCOAT Northeast Protective Coating Committee NESC National Electric Safety Code NETTCP New England Transportation Technician Certification Pro gram NHS National Highway System NICET National Institute for Certification in Engineering Tec hnologies OJT On-The-Job Training OSHA Occupational Safety and Health Administration PCI Precast/Prestressed Concrete Institute PIN Project Identification Numbers Q A Q u a lity Assurance Q C Q u a lity Control QCP Quality Control Plan QPL Qualified Products List RFI Request for Information SAE Society of Automotive Engineers SEWPCP Soil Erosion and Water Pollution Control Plan SHA State Highway Agency (as used by FHWA, referring to the Department) SPCCP Spill Prevention Control and Countermeasure Plan SSPC The Society for Protective Coatings TAPPI Technical Association of Pulp and Paper Industry TCP Traffic Control Plan USC United States Code USDA United States Department of Agriculture U L U n d e r w r i t e r ' s L a b o r a t o r y VECP Value Engineering Change Proposal

101.2Definitions Certain words, terms, and phrases are defined below. Capitalized

words in this Standard Specifications book are defined under this Section. Words, terms, or phrases that are not defined in this Section 101.2 or otherwise in the Contract shall have the meaning commonly accepted in the engineering and construction industry. Acceptable Work Work that Conforms or Substantially Conforms to the Contract and is satisfactory to the Department. Acceptance Consideration of operations, inspections, samples, tests, certifications, proper QCP implementation, and end product properties to determine whether the product will be accepted for payment, including any adjustments to compensation as provided in the Contract. Acceptance Test Test utilized by the Department to evaluate the quality of a Material or product. Actual Costs Direct, Project-specific, costs actually incurred by the Contractor in the performance of Work. Actual Costs consist of labor, Material, Equipment, and administrative overhead. For related provisions, see Section 109.7, Equitable Adjustments to Compensation and Time and Section 109.7.2 – Basis of Payment. Addendum See Bid Amendment. Aggregate Inert Material such as sand, gravel, broken stone, crushed stone, or a combination of any of these Materials. Agreement Agreement means Contract Agreement. Apparent Low Bidder A Bidder that submits the lowest apparently responsive Bid. The Apparent Low Bidder may not be Awarded the Contract if a) the Bid is later found to be non-responsive in accordance with Section 102.11, b) the Bidder is found to be not responsible, c) the Bidder fails to comply with all applicable pre-Award Conditions or other pre-execution requirements of the Contract, or d) the Department chooses not to Award a Contract. Apparent Successful Bidder The Bidder with the lowest responsive Bid as determined by the Department. A responsive responsible Bidder, usually the Apparent Low Bidder, that is Awarded the Contract. The Department may not execute the Contract with the Apparent Successful Bidder if a) the Apparent Successful Bidder fails to comply with all applicable pre-Award conditions or other pre-execution requirements of the Contract or b) if the Department chooses not to Award a Contract. Award The execution of the Contract by the Department, conditioned upon the Successful Bidder’s performance of all pre-execution requirements of the Bid Documents. Award Conditions Pre-Award or pre-execution requirements that the Contractor must meet before Contract Execution, including bonding and insurance. For a related provision, see Section 103.5 - Award Conditions. Best Value Procurement Process Using a Request for Proposals A process for procuring contractual services in which price is only one of several factors used in determining the successful Proposer. See Proposer, Request for Proposals, and Design-Build Contract. Bid The offer by a Bidder on forms prescribed by the Department to perform the Work in Conformity with all provisions of the Bid Documents for the price(s) set forth. Bid Amendment A written change to the Bid Documents issued by the Department after advertisement and before the Bid Opening. Bid Bond A bond furnished with a Bid by a Bidder and its Surety in the amount set forth in the Notice to Contractors or elsewhere in the Bid Documents. The Bid Bond is forfeited if the Apparent Low Bidder refuses to enter into a Contract with the Department. Bid Contact Person The person identified in the advertised Notice to Contractors, usually the Project Manager, as the person to whom the Bidder must refer technical or Engineering questions from the time of advertisement through Contract Execution, said person being duly authorized by the Commissioner. The Contracts Engineer may be contacted regarding Bidding and contracting procedures. If no one is so identified, the Bidder must refer questions to the Contracts Engineer. All technical or project specific questions must be submitted as described in the Notice to Contractors. Bidder An individual, firm, corporation, limited liability company, partnership, joint venture, sole proprietorship, or other entity that submits a Bid. Upon Contract Execution, the successful Bidder becomes the Contractor. Bid Documents Documents issued by the Department to solicit Bids from Contractors. Bid Documents generally include the Project Specific Bid Book, Notice to Contractors, Plans and Specifications (including these Standard Specifications), Standard Details, Special Provisions, Bidding instructions, and any Bid Amendments issued by the Department. Documents attached to or referenced in the Bid Documents are part of the Bid Documents. Contrast “Bid Documents” with “Bid Escrow Documentation” as may be defined by Special Provision. Bid Escrow Documentation All writings, working papers, computer printouts, charts, schedules of prices, and data compilation that contain or reflect information, quantities, unit costs, data, or calculations used by the Bidder to determine the Bid price, or technical and price proposal in the case of a Design-Build or Best Value Procurement type of Contract, shall be submitted, including but not limited to material relating to the determination and application of: D e s i gn Costs E q u i p m e n t r a t e s O v e r h e a d r a t e s and related time schedules L a b o r r a t e s A r i t h m e t i c e x t e n s i o n s S u b c o n t r a c t o r and Material Supplier Quotations Any manuals standard to the industry used by the Bidder in determining the Bid are also considered Bid Escrow Documentation. These manuals may be included in the Bid Escrow Documentation by reference and shall show the name and date of the publication and the publisher. Bid Escrow Documentation need not include Bid Documents provided by the Department to all Bidders. Bid Guaranty A bond or other acceptable security specified in the Notice to Contractors or elsewhere in the Bid Documents that is forfeited if the Apparent Low Bidder refuses to enter into a Contract with the Department. For a related provision, see Section 102.6 - Bid Guaranty. Bid Opening The date and precise time by which the Bidder must Deliver its Bid to be publicly opened and read as specified in the Notice to Contractors or any applicable Bid Amendment. For related provisions, see Sections 102.7 - Delivery of Bids and 102.9 - Bid Opening. Blue Book The edition of publications entitled “Rental Rate Blue Book for Construction Equipment” or “Rental Rate Blue Book for Older Construction Equipment,” as applicable, published by Primedia Information Inc., that was current when the Work being priced was performed. Bridge A structure that is erected over a depression or an obstruction, such as water, a highway or a railway, and has an opening measured along the centerline of the Roadway of more than 20 feet between: the faces of abutments; spring line of arches; extreme ends of openings of box culverts, pipes or pipe arches; or the extreme ends of openings for multiple box culverts, pipes, or pipe arches.

construction centerline back to back of backwalls of abutments, if present; otherwise end to end of the Bridge floor; but in no case less than the total opening of the structure.

of the Bridge between the bottom of curbs or guard timbers or in case of multiple heights of curbs, between the bottoms of the lower risers. Business Day Every Calendar Day other than Saturdays, Sundays, and Holidays. Calendar Day Every day shown on the calendar, beginning at 12:01 a.m. and ending at midnight. Change Order See Contract Modification Chief Engineer The Chief Engineer of the Department. Closeout Documentation All documentation required by the Department to finish the Project in accordance with State, federal, and other requirements. These documents include: Letter “All Bills Paid” on Contractor’s letterhead Request for Final Payment on Contractor’s letterhead “Buy America” Statement Certificate of Materials DBE Goal Attainment Verification Form Agreement with Final Quantities on Contractor’s letterhead Testing Compliance Letter The Department reserves the right to amend this list of required Closeout Documentation Commissioner The Commissioner of Transportation established by 23 MRSA § 4205. Compensable Delay See Section 109.5.1 - Definitions - Types of Delays. Completion Completion occurs when the Contractor has finished all Work pursuant to the Contract, including Delivery of all Closeout Documentation. Completion does not mean substantial Completion. Unless the context indicates otherwise, Completion also does not mean Completion of Physical Work. Completion of Physical Work Completion of Physical Work occurs when the Work is complete and has undergone a successful final inspection. Conduit A pipe used for receiving and protecting wires or cable. Conform or Conformity The performance of an item of Work in strict compliance with all applicable provisions of the Contract. For a related definition, see Substantially Conform. Construction Easement A right acquired by the Department to use or control property, outside of the established Right-of-Way. Construction Limit Line A line, usually outside of the Right-of-Way, within which the Contractor may Work and outside of which Work may not be performed without authorization by the Department. Contract All documents affecting the respective rights and responsibilities of the Department and the Contractor. These documents include, but are not limited to, the Contract Agreement, Project Specific Bid Book, the Notice to Contractors, Plans, the Department’s Standard Specifications and Standard Details, Special Provisions, Bid Amendments, Contract Modifications, Geotechnical Information, Permits, Bid Escrow Documentation (if any), the Contractor’s Bid prices (as corrected mathematically pursuant to Section 103.1.1 - Unit Prices Govern, if necessary), and all documents incorporated by reference. Contract Bonds The forms of security approved by the Department, executed by the Contractor and its Surety or Sureties, guaranteeing performance of the Work, and the payment of all obligations pertaining to the Work. For related provisions, see the definitions of Bid Guaranty, Performance Bond, and Payment Bond. Contract Completion Time Length of time allowed under the Contract to complete the Work pursuant to the terms of the Contract. Contract Completion Date The required completion date of all Work pursuant to the Contract, except the landscape establishment period and warranty work. The Contract Completion Date is usually included in Special Provision 107 and on the Contract Agreement, Offer, & Award form. Contract Documents Contract Documents are all documents, whether physically attached or incorporated by reference, which make up the Contract. Contract Execution Execution of the Contract by the Commissioner or his or her authorized agent by signing the Contract Agreement, Offer, & Award form, which action, upon written notification to the Contractor, forms a Contract as provided in Section 103.8 - Execution of Contract by Department. Contract Modification A general term describing a formal change to a Contract. Types of Contract Modifications include; change orders, extra work orders, resident work orders, and supplemental agreements. For a related provision, see Section 109.8 - Contract Modification Contract Time See Contract Completion Time and Section 107.1 - Contract Time and Completion Date. Contractor After the Department has executed the Contract by cosigning the Contract Agreement, Offer, & Award form provided in the Bid Documents, previously signed by the successful bidder, the Successful Bidder in a low Bid process or the successful Proposer in a best value type of Contract becomes the Contractor. The Contractor will be the single point of responsibility for all Contract obligations to the Department. The Contractor shall be an independent Contractor with respect to the Department and shall not be an employee, agent, or representative of the Department. Alternatively, “contractor,” with a lower case “c,” may mean a firm engaged in construction Work. Critical Path The sequence of activities from the Project start to its Completion having the greatest cumulative elapsed time, thereby determining the minimum time duration of the entire Project. The Critical Path is identified by the sequence of those activities with the least float. Critical Rock Slopes Critical rock slopes shall be rock slopes higher than 6 feet with an overburden slope steeper than 3H:1V and all rock slopes greater than 10 feet high. Culvert Any structure not defined as a Large Culvert, Bridge, or Minor Span that provides a Drainage opening less than 5 feet, under the Roadway or approaches to the Roadway. Days Calendar Days. Default See Section 112.1 - Default. Defects or Defective Work Work that is unsatisfactory, faulty, or deficient in that it is not in Conformity with the Contract or with prevailing industry standards applicable to the Work at the time of submission of the Bid as determined by the Department or its agents. For related provisions, see the definition of Acceptable Work and Section - 101.3.1 Meaning of “Approved,” Etc. Delay To cause to be late. See Section 109.5 - Adjustments for Delay. Deliver To cause Receipt by a means set forth in the definition of Received or Receipt. Department The Department of Transportation of the State of Maine, as established by 23 MRSA § 4205, et seq., for the administration of Highway, Bridge, and other public Works, acting through the Commissioner and his/her duly authorized representatives. For related provisions, see definitions of Project Manager and Resident. Design-Build Contract A contract in which the Contractor is responsible for both design and construction requirements under the contract. In a Design-Build Contract, the Contractor maybe procured through a Best-Value Procurement process using a Request for Proposals and evaluation of submitted Proposals using price as one of several evaluation factors as outlined in 23 MRSA § 4244. Differing Site Conditions See Section 109.4 - Differing Site Conditions. Disadvantaged Business Enterprise A business that is at least 51% owned and controlled by a woman, minority, or economically disadvantaged person and certified as such by the Department. Disputes Disagreements, claims, counterclaims, matters in question, and differences of opinion between the Department and the Contractor and those Working for or through the Contractor regarding matters related to the Work that arise after Contract Execution. These include, but are not limited to, interpretation of the Contract, compensation and costs, time for performance, and quality. Drainage The system of pipes, Drainage ways, ditches, and Structures by which surface or subsurface waters are collected and conducted from the Highway area. Drawings See Plans. Dredge Material (Dredge Spoils) Sand, silt, mud, gravel, rock or other sediment or material removed from beneath any surface water. The term, “be neath any surface water,” has been interpreted by the MDEP to mean that area that falls beneath the plane bounded by the normal high water line of any stream, river, brook, pond, lake, vernal pool, etc. Note that the entire area of Dredge Material removal could be dry at the time of excavation. Environmental Information Hazardous waste assessments, dredge material test results, boring logs, geophysical studies, and other records and reports of the environmental conditions. For a related provision, see Section 104.3.14 - Interpretation and Interpolation. Equipment All machinery, supplies for repair and maintenance of such machinery, tools, and other apparatus necessary or appropriate for Completion of the Work in Conformity with the Contract. Equitable Adjustment An adjustment to compensation and time due to a change in the nature or scope of the Work made a part of a Contract by a formal Contract Modification. For a related provision, see Section 109.7 - Equitable Adjustments to Compensation and Time. Excusable Delay See Section 109.5.1 - Definitions - Types of Delays. Extra Work Work that is outside the scope of the Contract and that the Department determines is necessary. Extra Work Order See Contract Modification. Fabrication Engineer The Department’s representative responsible for Quality Assurance of pre-fabricated products that are produced off-site. Federal Contract Provisions Supplement Appendix A of the Standard Specifications and the Project Specific Bid Book, which sets forth additional provisions that apply to federally funded Contracts. Final Acceptance Acceptance by the Department for all Work and responsibility for the Project from the Contractor, except for any Contractor warranty obligations. Force Account Work Prescribed Work paid on the basis of Actual Costs and additives as set forth in Section 109.7.5 - Force Account Work. Geometrics The physical location (horizontally and vertically) and shape of the object under consideration. Geotechnical Information Boring logs, soil reports, geotechnical design reports, ground penetrating radar evaluations, seismic refraction studies, and other records of subsurface conditions. For a related provision, see Section 104.3.14 - Interpretation and Interpolation. Haul Road A private way leading to a public way that is used by the Contractor to move Equipment and Materials related to the Work. Hearing Unless otherwise specified by the Department in writing, a Hearing is a review of a decision that includes a review of existing documentation on file with the Department and any additional documentation, including written arguments and supporting exhibits that may be submitted by any interested party. Unless the context clearly indicates otherwise, a Hearing need not include an evidentiary Hearing for the oral presentation of evidence if such an evidentiary Hearing is not requested or if the Department reasonably determines that such an evidentiary Hearing is not necessary to adequately review the matter at issue. Unless the context clearly indicates otherwise, a Hearing shall not be construed as an adjudicatory proceeding within the meaning of the Maine Administrative Procedure Act. Highway A general term denoting a public way for purposes of vehicular travel, including the entire area within the Right-of-Way. Holidays New Years Day, Martin Luther King Day, Presidents Day, Patriots Day, Memorial Day, Independence Day, Labor Day, Indigenous Peoples Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day. For a related provision, see Section 107.3.3 - Sundays and Holidays. Incentive/Disincentive Payment An adjustment to the contract price of a predetermined amount for each day the Work is completed ahead of or behind the Contract Time, Contract Completion Date, or some specified intermediary milestone. A disincentive is not a penalty, but an estimate of user and other costs incurred by the people of the State of Maine. Incidentals The terms “Incidentals” and “Incidental to the Contract” mean items that are accessory to or incorporated into the Work and that have no separate Pay Item. Unless otherwise provided in the Contract, the cost of Incidentals shall be included in the Contractor’s prices for the Pay Items. There will be no separate payment for Incidentals. Incomplete Not complete, as defined above by Completion. Independent Assurance (IA) Independent assessment of the reliability of test results obtained from Acceptance Testing. Inexcusable Delay See Section 109.5.1 - Definitions - Types of Delays. Inspector An authorized representative of the Resident assigned to make detailed inspections of the Work to determine compliance with the Contract. In Stream Work Any activities conducted in the water (see permits in individual contract documents.) Laboratory Unless the context indicates otherwise, the testing laboratory of the Department or its designee. Landscape Establishment Period The period of time commencing at initial Acceptance of each planting and extending for two years, unless otherwise provided in the Contract. For a related provision, see Section 621 - Landscaping. Landscape Establishment Period Obligations The obligations of the Landscape Subcontractor during the Landscape Establishment Period. Unless otherwise provided in the Contract, these obligations consist of monthly inspection and reporting from March through November of the condition of all plants installed and replacing plants that are not in a healthy, vigorous growing condition. For a related provision, see Section 621 - Landscaping. Landscape Items Items starting with the number “621” in the Schedule of Items. Landscape Subcontractor The individual or firm performing Landscape Items, generally a Subcontractor. Lane A strip of Roadway intended to accommodate a single line of vehicles. Large Culvert Any structure not defined as a Culvert or Bridge that provides a drainage or non-drainage opening under the Roadway or Approaches to the Roadway, with an opening that is at least 5 feet but less than 10 feet. Liquidated Damages An amount due and payable to the Department by the Contractor, normally realized through a reduction of amounts to be paid to the Contractor. Liquidated Damages are calculated by multiplying a daily amount set forth in the Contract by the number of Days the Work remains Incomplete after the Contract Completion Time has expired. Major Item An individual Pay Item that constitutes 10% or more of the amount of the Awarded Contract, calculated using the Contractor's Bid prices and the estimated quantities contained in the Bid Documents. Material Any substance specified for use in the construction of the Project and related approaches. Minor Item All Pay Items that are not Major Items. Minor Span Same definition as Bridge, except having an opening of between 10 feet and 20 feet, inclusive. Modification See Contract Modification. National Highway System (NHS) A system of Interstate Highways and major collectors specifically designated by the Federal Highway Administration. It includes the Interstate System, other urban and rural principal arterials, highways that provide motor vehicle access between the NHS and major intermodal transportation facilities, the defense strategic highway network, and strategic highway network connectors. Non-conforming Work All Defective, Unauthorized, or Uninspected Work. Notice of Award A written notice to the Contractor stating that the Contract has been executed. Notice of Intent to Award A written notice to the Successful Bidder stating that the Department has conditionally accepted its offer and upon receipt of a payment bond, performance bond, insurance certificate and the fulfillment of any other pre-award conditions, the contract will be signed (executed) by the Department. For a related provision, see Section 103.4 - Notice of Award. Notice to Contractors The advertisement or invitation for Bids published in accordance with Maine law, including electronic advertising, applicable to the Department. Offer A response to a solicitation that, if accepted, would bind the offeror to perform the resultant Contract. Submission of a Bid constitutes an Offer by the Bidder. Order A directive from the Department requiring compliance by the Contractor. Owner The legal or record Owner of the building or Premises on which the Project is to be constructed, generally the State of Maine acting by and through the Department. Partnering See Section 104.4.1 - Partnering. Pavement Structure The combination of subbase, base course, and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed.

subbase or a subgrade to support a surface course.

base course.

accommodate the traffic load, resist skidding, traffic abrasion, and the disintegrating effects of climate. This layer is sometimes called the “Wearing Course.” Pay Item An item of Work set forth in the Schedule of Items for which the Contractor must provide a price. Payment Bond The security furnished by the Contractor and its Surety to guarantee payment of all obligations incurred by the Contractor related to the Contract. For a related provision, see Section 110.2.1 - Bonds. Performance Bond The security furnished by the Contractor and its Surety to guarantee performance of the Work in Conformity with the Contract. For a related provision, see Section 110.2.1 - Bonds. Permits Permits granted to the Department for the Project. Permits often required include (a) environmental Permits, including Natural Resources Protection Act (NRPA) Permits from MDEP and the Army Corps of Engineers and (b) a U.S. Coast Guard Permit. Physical Work All Work specified in the Contract that affects the physical environment, including all Work within the Project Limits, final cleaning up and finishing, and Completion of Punch List Items as provided in Section 107.9 - Project Closeout, and removal of traffic control devices. Plans When the context so indicates, “Plans” mean applicable construction drawings, including plan, profile, typical cross sections, Working Drawings, Standard Details, Supplemental Standard Details, and supplemental Drawings or exact reproductions thereof or electronically displayed equivalents, that show the location, character, dimensions, and details of the Work. Where the context so indicates, “Plan” may also mean a detailed process, program, or method worked out beforehand for the accomplishment of an objective. Examples include QCP, the SEWPCP, the TCP, Safety Plan, and Project specific emergency planning. Premises Land of the Owner on which the building or buildings now stand or to which they are to be moved. Prequalification Application The Contractor’s Prequalification Application form submitted by the Contractor, which is to be used to request prequalification and provide information that the Department will rely upon to determine the responsibility and qualifications of a Contractor. Said form is available through the Department’s Contracts Section and the Departmental webpage. Prequalification Procedure The current procedure and requirements contained in the Contractor’s Prequalification Procedure first adopted by the Department in April 1998 and administered through the Department’s Contracts Section. Process Control Test Test performed at the source of supply of Material to determine whether the Material meets the Specification prior to Delivery. Profile Grade The trace of a vertical plane intersecting the top of the wearing surface, usually along the longitudinal centerline of the roadbed. Profile Grade means either elevation or gradient of such trace, according to the context. Program The specific working unit within the Department’s Bureaus of Project Development and Maintenance & Operations within which a particular Department project is developed, designed, constructed and administered. Such Programs include the Highway Program, Bridge Program, Multimodal Program and other similar Units. Progress Meeting See Section 104.4.3 - Progress Meetings. Project The Bridge, Highway, railroad, pier, airport, building, bike path, pedestrian path, or other infrastructure improvement being constructed, rehabilitated, or repaired, together with all appurtenances and Incidentals. Project Limits Areas within the Right-of-Way or Construction Limit Lines shown on the Plans or otherwise indicated in the Contract. If no Project Limits are indicated in the Contract, the Project Limits shall be the area actually occupied by the Bridge, Highway, or other infrastructure before construction extending to and including (A) the area outside the Shoulders and ditch lines and within any landmarks or historic features such as fences, fence posts, tree rows, stone walls, corner stones, or other monuments indicating the boundary line, or (B) in the absence of any landmarks or historic features, Sidewalks, Shoulders, and ditch lines to the top of cuts or toe of fills. For a related Maine statute, see 23 MRSA § 653. Project Manager The Department’s duly authorized representative for overall coordination of the Project. Project Records Records or data of any type on any media, including those produced by the Contractor or its consultants, Subcontractors, suppliers, or manufacturers that are related to the Project. Project Records include, but are not limited to, Plans, Working Drawings, Specifications, manufacturer’s recommendations, catalog cuts, daily time reports, records of Force Account Work, schedules and scheduled updates or revisions, quality control Plans and related documentation, inspectors’ reports, traffic control Plans and log, safety program and incident reports, soil erosion and water pollution control Plans and log, employment records, payrolls, internal accounting records, equal opportunity and affirmative action records, on-the-job and Disadvantaged Business Enterprise reports, preconstruction conference records, Progress Meeting records, Partnering records, correspondence, e-mails, and any other documents related to the Work. Proposal The response to a Request for Proposals. Proposals will normally be requested for anticipated Best Value procurements. See Design-Build, Request for Proposal and Best Value Procurement. In another context, sometimes the Department’s solicitation for bids is called a Bid Proposal. Proposer The entity submitting a Proposal. Punch List See Sections 107.9.2 - Notice/Inspection/Punch List and 107.9.3 - Notices/ Final Inspections / Physical Work Completion. Quality Assurance (QA) All planned and systematic operations to ensure that the operation, material, and/or end product meets Specifications. Quality Assurance includes

inspector, sampler, tester, and Laboratory qualifications, (C) inspection for Conformity with Contract requirements, (D) Contractor Quality Control, (E) Acceptance Testing, and (F) Independent Assurance. Quality Control (QC) Planned and specified actions or operations necessary to produce an end product that Conforms to the quality requirements of the Contract. Unless otherwise specified, QC includes inspection and testing for process control to the extent determined necessary by the Contractor. Quality Control is also referred to as Process Control. Quality Control Plan (QCP) The program and documentation of that program, approved by the Department, which specify the actions, inspection, sampling, and testing necessary to keep production and placement operations within Specifications, including provisions to quickly determine when an operation becomes out of control and those actions that the Contractor will take to restore compliance. Receipted Bill Written Evidence provided by the Contractor that the cost of materials has actually been paid by the Contractor. This could take the form of a copy of a cancelled check, a copy of an invoice with written verification from the Subcontractor that the bill has been paid, or a written declaration from the Subcontractor, on its letterhead, that the bill has been paid. Received or Receipt When considering documents, unless the context indicates otherwise, Receipt by regular US mail, overnight courier, service in hand, or by fax or electronic transmission with confirmation of Receipt originating from the recipient (which may be a telephone confirmation). If Delivered by regular US mail, notices that are properly addressed will be deemed Received three Days after mailing, unless the recipient admits earlier Receipt, in which case Receipt will be the date admitted. Reference Stake A stake set beyond the proposed grading areas for use as a control for the new construction. Related Entities All general partners, joint venturers, parent firms, subsidiaries, or sister firms that are owned or controlled by the Bidder or other entity under consideration. Request for Proposal The Department’s solicitation in a Best Value Procurement Process for Proposals, such as when soliciting for an anticipated Design-Build Contract. See Proposal and Best Value Procurement Process. Resident The Department’s on-site representative. Resident Work Order See Contract Modification. Right-of-Way A general term denoting land, property, or interest therein, usually in the form of a strip, acquired for or devoted to the Project or other purposes. Road A general term denoting a public way for purposes of vehicular travel, including the entire area within the Right-of-Way. Roadbed The graded portion of a Highway within top and side slopes, prepared as a foundation for the Pavement Structure and Shoulders. Roadside A general term denoting the area adjoining the outer edge of the Roadway. Extensive areas between the Roadways of a divided Highway may also be considered Roadside. Roadside Development Those items necessary to complete the Highway that provide for the preservation of landscape Materials and features; the rehabilitation and protection against erosion of all areas disturbed by construction through seeding, sodding, mulching, and the placing of other ground covers; and such suitable planting and other improvements as may increase the effectiveness and enhance the appearance of the Highway. Roadway The portion of a Highway, including Shoulders, for vehicular use. A divided Highway has two or more Roadways. Schedule of Items A document containing the list of items of Work provided in the Bid Documents on which the Contractor provides prices. The Schedule of Items is a Special Provision. Schedule of Work A written Work schedule submitted and maintained by the Contractor by which the Contractor Plans and prosecutes the Work. The Schedule of Work contains dates of commencement and Completion of various items of Work within the Contract Time and all authorized extensions. For a related provision, see Section 107.4.2 - Schedule of Work Required. Shop Drawings See Working Drawings. Shoulder The portion of the Road or Roadway that is contiguous with the traveled Way and that is provided for accommodation of stopped vehicles, emergency use, and lateral support of base and surface courses. Sidewalk A way constructed primarily for the use of pedestrians. Skew or Skew Angle The acute angle formed by the intersection of the line normal to the centerline of the Roadway or the Working line of the Superstructure with a line parallel to the face of the Substructure or, in the case of structural plate units and Culverts, with the centerline of the structural plate units and Culverts. Special Provision Revisions to the Standard and/or Supplemental Specifications applicable to an individual Project or Contract. Specifications A written or electronic textual compilation of provisions and requirements for the performance of the Work, including incorporations by reference. Standard Details Detailed Drawings published and approved by the Department for general application and repetitive use. Standard Specifications Maine Department of Transportation Standard Specifications and Standard Details for Construction Revision of 2020, which were published and approved by the Department pursuant to 23 MRSA § 4243 for general application and repetitive use on Projects. State The State of Maine acting through its authorized agencies and representatives. Street A general term denoting a public way for purposes of vehicular travel, including the entire area within the Right-of-Way. Structures Bridges, Culverts, catch basins, drop inlets, retaining walls, cribbing, manholes, endwalls, buildings, sewers, services pipes, underdrains, foundation drains, and other manufactured features. Strut See Large Culvert. Subcontractor An individual, firm, corporation, limited liability company, partnership, joint venture, sole proprietorship, or any other entity to whom the Contractor subcontracts a portion of the Work. A subcontracting arrangement shall be considered to exist when a person or firm assumes obligation through a written contract with the Contractor for performing part of the Work using its own Equipment and workers, procuring its own Materials and supplies, and furnishing its own supervision with only general overall supervision being exercised by the Contractor or higher tier Subcontractors. Unless the context indicates otherwise, Subcontractors include suppliers, vendors, fabricators, and any other entities with which the Contractor contracts to perform any portion of the Work. Subgrade The top surface of a Roadbed upon which the Pavement Structure, Shoulders, and curbs are constructed. Subgrade Treatment Modification of Roadbed Material by stabilization. Substantially Conform or Substantial Conformity Substantially Conform or Substantial Conformity means that the Work at issue, though not in strict accordance with the Plans, Specifications, or other Contract requirements, Conforms sufficiently to the applicable standard such that it may be acceptable to the Department (possibly with a credit to the Department) and not require removal, as determined by the Department. For a related definition, see Conformity. For a related provision, see Section 106.8.1 - Substantially Conforming Work. Substructure All of that part of the Structure below the bearings of simple and continuous spans, skewbacks of arches, and tops of footings of rigid frames, together with the backwalls, parapets, and wingwalls of abutments. Successful Bidder The low, responsive, responsible bidder to whom the Department intends to award the Contract. This status is evidenced by a “Notice of Intent to Award” Letter sent to the Successful Bidder. Superintendent The Contractor’s authorized on-site representative who is in charge of and responsible for the Work. Superstructure Excluding backwalls, wingwalls, and wing protection railing, the portion of the Structure above the bearings of simple and continuous spans, the skewbacks of arches, and the top of footings of rigid frames. Supplemental Liquidated Damages Liquidated Damages for additional costs resulting from Contractor’s failure to complete a specific Work item, phase, or milestone within the time specified in the Contract for that item. Supplemental Liquidated Damages are in addition to and separate and distinct from Liquidated Damages. Supplemental Specifications Approved additions or modifications to the Standard Specifications. Supplemental Standard Details Approved additions or modifications to the Standard Details. Surety The corporation, limited liability company, partnership, or individual, or other entity, other than the Contractor, that executes or is obligated under a Contract Bond or Bid Bond. Traveled Way The portion of the Roadway that is intended for the movement of vehicles, exclusive of Shoulders and auxiliary Lanes. Unacceptable Work All Work that does not Substantially Conform to the Contract as determined by the Department. Unauthorized Work Work performed without providing the Resident with reasonable notice of the date and time that the Work is to be performed, Work performed contrary to the instructions of the Department, or any Extra Work performed without written Contract Modification or Agreement. For a related provision, see Section 106.8.3 - Unauthorized Work. Uncontrollable Events Events or acts that were unforeseeable at the time of Bid submission and that were beyond the Contractor’s control in that the risk of the event or act could not have been prevented or managed by the Contractor with proper planning, coordination, Subcontractor management, insurance, bonding, maintenance, erosion control, traffic control, security precautions, workers or Equipment. Uncontrollable Events are of two types: (A) severe weather events that meet the requirements of the first sentence of this definition and/or (B) non-weather events that meet the requirements of the first sentence of this definition which might include acts by foreign enemy, quarantine restrictions, strikes not involving the Contractor, action or inaction by governmental authorities, action or inaction by Utility Companies or other third parties (not Subcontractors) working on Project related Work within the Project Limits, and freight embargoes. Uncontrollable Events specifically do not include: fires (unless caused by a weather event described in this definition above), acts by other third parties, including vandals and members of the traveling public, non-performance of Subcontractors (except in cases of unforeseeable, permanent, and complete cessation of all operations by the Subcontractor for reasons unrelated to the Contractor), and difficult, but foreseeable weather for the location and time of the Work, including but not limited to cold, snow, and ice in the winter, flooding caused by snow melt and rain in the spring, rain in the fall, and thunderstorms in the summer. Uninspected Work Work that was performed without inspection by the Department. Unit Price The price for one unit of Work submitted by the Bidder in its Bid. Utility Companies All persons or entities set forth in 35-A MRSA § 2501(2). Utility Facilities All Structures, facilities, Equipment, and all appurtenances thereto used by Utility Companies, including, but not limited to, poles, wires, support poles, guys, anchors, water pipelines, sewer pipelines, gas pipelines, all other pipelines, fire alarms, service connections, meter boxes, valve boxes, light standards, cableways, Conduits, signals, and manholes. Value Engineering Change Proposal See Section 109.6 - Value Engineering. Wetlands Areas inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Winter Suspensions See Section 107.5.1 - Winter Suspensions. Work All labor, services, personnel, Materials, Equipment, tools, supplies, and Incidentals required or indicated by the Contract in Conformity with the same. For a related provision, see Section 105.1 - Intent of the Contract. Working Day: Weather Event Any precipitation, such as rain, sleet, snow, or fog that causes wet pavement that prevents the contractor from completing work within the Construction Limits as determined by the Department. This excludes ambient air temperatures below Specification. Weather Dependent Activities Contractor scheduled work that cannot be completed should a Weather Event occur. Paving or other activities as determined by the Department will be considered Weather Dependent Activities. Working Day Any Calendar Day except: - Identified non-work days in the Contract Special Provision 107 - Saturdays, Sundays and Holidays – as outlined in Section 107.3.3 - The period from November 15 th to April 15th, inclusive - Any day a Weather Event prevents the Contractor from performing at least seven hours of weather dependent activities, as determined by the Department. Up to a three-hour hold prior to the start of work may be required if weather conditions are uncertain. The Contractor may request, in writing, a non-working day due to a Weather Event up to 16 hours in advance of the normal start time. The Department may approve this request depending on the certainty of the forecast. If the Contractor elects to work a Saturday, an allowable holiday, or receives approval to work Sunday, the same process will be utilized to determine if it is a Working Day. If the Contractor requests approval to work Saturday and does not cancel their request by Thursday at the end of shift, that Saturday will be considered a Working Day regardless of the actual weather conditions and whether work occurred. Working Drawings Plans, sketches, or Drawings provided by the Contractor, or its Subcontractors, vendors, or fabricators for the purpose of supplementing the Plans provided in the Bid Documents and being necessary to demonstrate that the Work will comply with the Contract and meet the intent of the Contract. Working Drawings shall be of sufficient detail to meet the purpose set forth in the preceding sentence. Examples include Shop drawings, erection Plans, falsework Plans, cofferdam Plans, and bending diagrams for reinforcing steel. Work Order See Contract Modification.

101.3General Rules of Interpretation

101.3.1 Meaning of “Approved,” Etc. Unless the Contract clearly indicates otherwise, whenever anything is to be done or is not to be done unless “approved,” “accepted,” “authorized,” “ordered,” “required,” “determined,” “directed,” “specified,” “designated,” “established,” “suitable,” “satisfactory,” “sufficient,” “unacceptable,” or a similar word or phrase, the word or phrase shall be interpreted as if it were followed by the words “by the Department” or “to the Department” as applicable. 101.3.2 Referenced Publications The Contractor is responsible for obtaining all manuals, Specifications, reference guides, or other publications referenced or indicated by the Contract and performing the Work in Conformity with the same. Unless a specific date or version is specified, the Contractor shall use the most recent version of such publication that existed at the time the Bid was submitted. 101.3.3 Cross References Cross-references are sometimes provi ded in the Contract. (Example: “For a related provision, see Section __”). These cross-references are provided for convenience only and are not a comprehensive listing of related Sections. The lack of a cross- reference or an incorrect reference shall not be interpreted as indicating that there are no related provisions and does not relieve the parties of the obligation to read the Contract as a whole. 101.3.4 Headings and Tables of Contents All headings, indices , titles, and tables of contents are for convenience only. They do not control interpretation and do not relieve the parties of the obligation to read the Bid Documents or Contract as a whole. 101.3.5 Calculated Dimensions Control In the case of discrepa ncy between calculated dimensions and scaled dimensions, calculated dimensions shall control. 101.3.6 Priority of Conflicting Contract Documents If the Con tractor discovers any ambiguity, error, omission, conflict, or discrepancy (“ambiguity, etc.”) related to the Contract Documents that may significantly affect the cost, quality, Conformity, or timeliness of the Work, The Contractor must comply with Section 104.3.3 - Duty to Notify Department If Ambiguities Discovered. In the case of ambiguity, etc., the following components of the Contract Documents shall control in the following descending order of priority: Bid Amendments (most recent to least recent) Project Specific Permit Requirements Special Provisions Notes on Plans P l a n s Supplemental Specifications Supplemental Standard Details Standard Details 101.3.7 Multiple Pay Items When there is more than one Pay It em for similar Work governed by one Specification, the item number in the Specification may be appended with additional digits to differentiate such multiple Pay Items. For example, Specification item

900.06also covers Pay Items 900.061, 900.062, 900.0601, and 900.0602, etc. unless the

context clearly indicates otherwise.